HomeMy WebLinkAbout16-Development Services ORI Cit . ;AL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution approving a Park Dedication and
Improvement Agreement with GFR
Dept: Development Services Enterprises, Inc. for the Dedication and
Improvement of a 4-Acre Park at the
Date: April 13,2010 Southwest Corner of Irvington Avenue and
Chestnut Avenue.
MCC Date: April 19, 2010
Synopsis of Previous Council Action:
December 17,2007 Resolution No. 2007-476 adopted approving Amendment No. 1 to Agreement
with GFR Enterprises, Inc for the dedication and improvement of Ronald Reagan Park.
February 21, 2006 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 corner of Irvington
Avenue and Chestnut Avenue.
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact Person: Valerie C. Ross Phone: 5357
Supporting data attached: Staff Report; Reso, & Agreement Ward: 5
FUNDING REQUIREMENTS: Amount: $313,710
Source: Fund 208
Acct. Description: Verdemont Infrastructure Fee
Finance:
Council Notes: Q�p
Agenda Item No. �
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiech
Resolution repealing Resolution No. 2006-58 and Resolution No. 2007-476 and approving a
Park Dedication and Improvement Agreement with GFR Enterprises, Inc. for the Dedication and
Improvement of a 4-Acre Park at the Southwest Corner of Irvington Avenue and Chestnut
Avenue.
Background:
On February 21, 2006, an agreement was approved with GFR Enterprises, Inc. (GFR) for the
dedication and improvement of a 4-acre park located at the southwesterly corner 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. Of that amount, $143,000 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 October 1, 2007 Mayor and Common Council meeting, a resolution was adopted
approving Amendment No. 1 to the Agreement with GFR. This amendment was to reimburse
GFR in the amount of$215,039 for the installation of picnic shelters in addition to the grading,
landscaping, and irrigation included in the original Agreement.Funding for this additional work
was included in the Capital Improvement Program as PR08-02, including staff time for
construction inspection, estimated to be $14,960, for a total of$230,000.
Subsequently, GFR determined that some of the language in Amendment No. 1 was problematic
and the Agreement was not signed. Staff returned to the Council meeting of December 17, 2007
with revised language, which was approved, as a new Amendment No. 1.
GFR was not able to proceed with construction of the park improvements and did not meet the
4 completion date of December 31, 2008. Since development of President Ronald Reagan Park is
important to the residents of the 5`" Ward, Development Services and Parks, Recreation, and
} Community Services staff have held several meetings with GFR to discuss how to proceed with
i development of the park in light of limited resources. Staff s proposal is to complete the park in
f phases. GFR will construct the Phase 1 improvements, which consist of grading, tree removal,
irrigation, soil preparation, fine grading, hydro turf, and installation of a fence along Cable
Creek. Both GFR and the City have financial responsibilities for this phase. Additional
improvements to the park will be the responsibility of the City and will be completed at a later
date. This proposed Parks Dedication and Improvement Agreement will replace the expired 2006
Agreement and 2007 Amendment.
The attached Agreement and referenced Attachments provide additional background information
on Developer and City responsibilities and obligations.
Z i i7W t4 j
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Financial Impact:
The Phase 1 Park Improvements will cost $498,982.48. In anticipation of completing the
Improvements, GFR spent $69,065.14 in pre-construction costs and received $185,273.41 in
deferred fee credits. GFR's unpaid obligation to the City is $116,208.27. The estimated cost to
complete the Phase 1 improvements is $429,917.34. The City's share of the cost to complete the
Phase 1 Improvements is $313,709.07.
Verdemont Infrastructure Fund (Fund 208). Finance estimates that the end balance on June 30,
2010 will be $323,147. This ending balance assumes that $189,000 set aside for two projects
(Playground Equip at Tom Minor Park and Monument Signs) would be completed. Based on
current discussions on the CIP, these two projects are being put on hold which then increases the
available balance in the Verdemont Infrastructure Fund to $512,147. With Mayor and Council
approval of the revised Park Agreement with GFR, the City will use $313,710 of these available
funds for the Phase I improvements to President Ronald Reagan Park and $178,513 will be used
to refund the pre-payment to GFR. The $300,000 previously approved and budgeted to pay for
modular units for Al Guhin Park will remain available for this project. There will be an estimated
ending balance of$19,924 in the Verdemont Infrastructure Fund after all the above transactions
are completed.
The Fund 208 budgeted amount and estimated balance is shown below:
323,147 Estimated Balance
+189,000 2 projects put on hold
512,147
- 313,710 City cost to complete Park
- 178,513 Refund of pre-paid fees to GFR
19,924 Revised estimated ending balance
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
Attachments:
Resolution
3
1 RESOLUTION NO. 2010-72 COPY
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO.2006-58 AND RESOLUTION NO.2007-476
4 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GFR
ENTERPRISES,INC.FOR THE DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK
5 AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE,
NOW KNOWN AS PRESIDENT RONALD REAGAN PARK.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 WHEREAS, on February 21, 2006,the Mayor and Common Council adopted Resolution No.
9 2006-58 approving an Agreement with GFR Enterprises, Inc. for the dedication and improvement of a
10 4-acre park located at the southwest corner of Irvington Avenue and Chestnut Avenue; and
11 WHEREAS,on December 17,2007,the Mayor and Common Council adopted Resolution No.
12 2007-476 approving Amendment No. 1 to the Agreement with GFR Enterprises,Inc. for the dedication
13 and improvement of a 4-acre park located at the southwest corner of Irvington Avenue and Chestnut
14 Avenue, now known as President Ronald Reagan Park; and
15 WHEREAS, the attached Agreement is intended to replace the above-referenced Agreement
16 and Amendment thereto;
17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
18 BERNARDINO AS FOLLOWS:
19 SECTION 1. Resolution No. 2006-58 and Resolution No. 2007-476 are hereby repealed.
20 SECTION 2. The City Manager is hereby authorized to execute the Park Dedication and
21 Improvement Agreement (see Attachment "1" and incorporated herein) with GFR Enterprises, Inc.,
22 relative to the park site dedication and park improvements at President Ronald Reagan Park.
23 SECTION 3. This Agreement shall not take effect or become operative until fully signed and
24 executed by the parties and no party shall be obligated hereunder until the time of such full execution.
25 No oral agreement, amendments, modifications or waivers are intended or authorized and shall not be
26 implied from any act or course of conduct of any party.
27 SECTION 4. Authorization to execute this Agreement is rescinded if the parties to the
28 Agreement fail to execute it within sixty(60) days of the passage of this Resolution.
FAEMPEWDevelopment Smices\Reagan Park\Reso re Rona1dReganPark*16.10.wpd
2010-72
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO.2006-58 AND RESOLUTION NO.2007-476
2 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GFR
ENTERPRISES,INC.FOR THE DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK
3 AT THE SOUTHWEST CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE,
NOW KNOWN AS PRESIDENT RONALD REAGAN PARK.
4
5 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 joint regular meeting thereof, held on the
19th day of April 2010, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ %
10 DESJARDINS x
11 BRINKER %
12 SHORETT %
13 KELLEY %
14 JOHNSON x
15 MC CAMMACK x
16 ( n '
17 Ci*-,
Ci lerk
18
19 The foregoing resolution is hereby approved thiit ay of April 2010.
20
21
P trick J. M rris, Mayor
22 Ci San ernardino
23 Approved as to form:
24
JAMES F. PENMAN,
25 City Attom y
26 B .
27
28
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Attachment 1
PARK DEDICATION AND IMPROVEMENT AGREEMENT
This Park Dedication and Improvement Agreement ("Agreement") is entered into effective
,2010 between the City of San Bernardino,a Municipal Corporation and
Charter City ("City") and GFR Enterprises, hic., which together with certain assignees and/or
affiliated entities was established for the express purpose of creating the developments described
below,was (collectively and individually, "Developer").
RECITALS
1. On June 21,2004 the Mayor and Common Council adopted Resolution No.2004-07 approving
the Final Map for Tentative Tract Map No. 16443 to allow residential development at the
south side of Belmont Avenue between Magnolia Avenue and Chestnut Avenue. Tract Map
No. 16443 contains 127 single-family residential lots. Each lot has a minimum lot size of
10,800 square feet.
2. Tentative Tract Map No. 16443 committed the Developer to transfer ownership of
approximately 4-acres of land to the City of San Bernardino to be used as a local public park.
The value of the 4-acre site to be developed as a public park is $143,000 based on the
Developer's purchase price of the site and was credited by the City to the Developer in lieu
of the Developer's payment of Park Fees for Tract Map No. 16443.The park site contains two
parcels identified on Exhibit"A", attached and incorporated herein, as Assessor Parcel Nos.
0261-181-03 and 0261-661-66, now named President Ronald Reagan Park (hereinafter
"Park").
3. The Developer completed Final Map No. 16443 and Final Map No. 16795 and has received
approval of Tentative Tract Map No. 17329. The Developer anticipated processing Tentative
Tract Map No. 17812, but that application has not been submitted.
4. On February 21, 2006, the Mayor and Common Council adopted Resolution No. 2006-58
approving a Park Dedication and Improvement Agreement for improvements at the Park.
Those improvements included, but were not limited to, site preparation work, installation of
irrigation, installation of turf and other landscape materials, installation of hardscape
amenities, etc. at a cost of$500,000. That Agreement referenced Tract Map No. 16443 and
Tract Map No. 16795, and Tentative Tract Map No. 17329 and Tentative Tract Map No.
17812.
5. With Resolution No. 2006-58, the Mayor and Common Council determined that development
of the Park would benefit the Developer of the residential projects.The City would benefit and
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time would be saved if the Developer installed and constructed the park improvements at that
time rather than having the Park developed at a future date.
6. With Resolution 2006-58,the Mayor and Common Council also determined that the Developer
would receive credits (relieved from the requirement to pay) certain building-related
processing and permit fees in an amount not to exceed$643,000, an amount equal to the cost
of the park site ($143,000) and improvements ($500,000).
7. On December 17, 2007, the Mayor and Common Council adopted Resolution No. 2007-476
approving Amendment No. 1 to the Park Dedication and Improvement Agreement to include
an additional $215,038.51 for additional improvements at President Ronald Reagan Park.
8. The Mayor and Common Council determined that the Developer would be reimbursed
$215,038.51 for the additional improvements and PR08-02 was included in the Capital
Improvements Program for that purpose.
9. The Developer has received $185,273 in deferred fees for Tract No. 16795 for the Park
Construction Fees, Building Issuance Fees, Building Valuation (Building Permit) Fees,
Building Plan Check Model Fees, Plumbing Plan Check Fees, Electrical Plan Check Fees,
Mechanical Plan Check Fees, Building Plan Check Fees, and Building Inspection Fees
("Fees") as advanced partial compensation for the dedication of the site and construction of
the improvements to the Park.
10. This new Park Dedication and Improvement Agreement shall replace the previous 2006
Agreement and 2007 Amendment.
11. Due to overall economic conditions,the Developer has determined that developing Tentative
Tract No. 17329 and Tentative Tract No. 17812 is not economically feasible at this time.
12. The Mayor and Common Council and the Developer agree that construction of the Park should
occur as soon as possible. Both parties agree to proceed with construction of the first phase
of improvements.
13. The Mayor and Common Council agree that additional improvements to the Park will be
completed by the City at a later date and the Developer will not be responsible for those
additional improvements.
OPERATIVE PROVISIONS
1. Term: Unless earlier terminated as provided in this Agreement, this Agreement shall
commence on the Effective Date and terminate one year after commencement of this
Agreement.
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2. Construction of Improvements: Improvements to the Park shall be made by the Developer in
accordance with Phase 1 of the plans and specifications approved by the City Engineer and the
Parks,Recreation and Community Services Director. Developer shall use its best reasonable
efforts to complete only the Phase 1 Improvements("Improvements")in accordance with the
plans and specifications approved by the City Engineer and the Parks, Recreation and
Community Services Director as specified in the Scope of Work, attached and incorporated
herein as Exhibit`B"to this Agreement.
3. Completion of Phase 1 Improvements: The Phase 1 Improvements to the Park shall be
coordinated with the City and completed within 6 months from issuance of the Notice to
Proceed.Upon completion of the Improvements,the Developer shall be responsible for a 30-
day maintenance period. The City shall schedule a pre-construction meeting with the
Developer prior to issuance of the Notice to Proceed. The City shall issue the permit and
Notice to Proceed within 30-days of approval of this Agreement.
4. Permits: The Developer shall secure the required permits for Phase 1 Improvements to the
Park. The City shall not charge the Developer the cost of plan check and permit/inspection of
the Phase 1 Improvements to the Park.
5. Inspection: The City shall provide inspection services related to construction of the
Improvements to ensure compliance with approved City plans and specifications, and
standards of the City Engineer. The City shall not unreasonably withhold inspections or
approvals of Improvements to the Park.
6. Acceptance of Work and Site Dedication: The 4-acre Park as shown in Exhibit"A" to this
Agreement shall be conveyed to the City free and clear of liens prior to the City filing a
Notice of Completion for the Phase 1 Improvements.Upon completion of the Improvements
to the satisfaction of the City Engineer,and the conclusion of the 30-day maintenance period,
the Park shall be deemed to be completed,and the Developer shall present a grant deed in the
form as shown on Exhibit"C,"attached and incorporated herein,which conveys the Park site
to the City. The City shall accept and record the grant deed and shall file a Notice of
Completion for the Phase 1 Improvements.Upon City acceptance and recordation of the grant
deed, Developer shall assign to City all of Developer's rights and remedies, including
warranties, as set forth in the Developer's contract documents, that City would have had if
City itself had engaged Developer's contractors to construct the Improvements.
7. Developer's Responsibilities: The Developer is responsible for construction of the Phase 1
Improvements. Construction of Phase I Improvements is estimated to cost$498,982.48. The
Developer's existing financial obligation for the costs of the Phase 1 Improvements is
$185,273.41 (previously deferred fees for Tract No. 16795), of which $69,065.14 the
Developer has spent to date for pre-construction costs for the Phase 1 Improvements as shown
on Exhibit"D", attached and incorporated herein. The Developer shall construct and install
the Phase 1 Improvements in compliance with all applicable federal, state and local laws,
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including prevailing wage requirements. The Developer's remaining financial obligation is
$116,208.27 of the costs for the Phase 1 Improvements as shown on Exhibit "D".
8. City's Responsibilities: City shall pay Developer the costs to complete construction of Phase
1 Improvements as shown in Exhibit "D." The City shall make periodic progress payments
to the Developer as shown in Exhibit"D,"for the total amount of$313,709.07,for completion
of the Phase 1 Improvements. Included in said periodic payments are general and
administrative costs equal to 5%of the gross Park budget as shown on Exhibit"D."The City
is responsible for any improvements beyond Phase 1 and any cost overruns except those
caused by negligent acts of the Developer.
9. Invoices: The Developer shall submit receipts and/or other evidence verifying said
expenditures for installation and construction of Improvements to the City Engineer for
confirmation of Developer's expenditures. These invoices shall include certified payroll
records as required in Section 11 of this Agreement._
10. Indemnification:
a) The Developer shall defend, indemnify and hold the City and its elected and
appointed officials, officers and employees harmless from any claims, loss, cost or
liability (including, but not limited to, liability from injury to persons, including
wrongful death and worker's compensation claims and damage to property) during
the period starting from the execution of this Agreement until City acceptance of the
Improvements arising from or related to the intentional or negligent acts, errors or
omissions of Developer, its officers, employees, agents, contractors or sub-
contractors in the performance of the Agreement.
b) Included in the scope of the foregoing indemnification will be all damages and
claims for damages which are suffered or alleged to have been suffered during the
period starting from the execution of this Agreement until City acceptance of the
Improvements, by reason of the matters which are subject to the applicable
indemnification and all of the associated legal fees and court costs (but not internal
costs). Without limiting the effect of the foregoing,the Developer will have the right
to defend against any claim with respect to which it is indemnifying the City,using
legal counsel of its choice. The City will cooperate with the Developer and will give
the Developer its full support in connection with any claim with respect to which the
Developer is indemnifying the City.
c) Developer shall obtain and maintain, and shall require all of its contractors and
subcontractors to obtain and maintain insurance of the types and in the amounts
described below in a form and with carriers satisfactory to City, during the term of
this Agreement.
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1. Commercial General Liability Insurance:Occurrence version commercial general
liability insurance or equivalent form with a limit of not less than$1,000,000 each
occurrence shall be maintained. If such insurance contains a general aggregate
limit, it shall apply separately to this Agreement or be no less than two times the
occurrence limit. Such insurance shall:
i) Name City, its elected officials, officers, employees and agents as
additional insureds with respect to performance of this Agreement.
The coverage shall contain no special limitations on the scope of its
protection afforded to the above-listed insureds.
ii) Be primary with respect to any insurance or self-insurance programs
covering City, its elected officials, officers, employees and agents.
iii) Contain standard separation of insureds provisions.
2. Business Automobile Liability Insurance: Business automobile liability
insurance or equivalent form with a limit of not less than $500,000 each
accident shall be maintained. Such insurance shall include coverage for
owned, hired, and non-owned automobiles.
3. Workers Compensation Insurance: Workers compensation insurance with
statutory limits and employers' liability insurance with limits of not less than
$1,000,000 each accident shall be maintained.
4. Other Insurance Requirements: Developer shall:
i) Prior to taking any actions under this Agreement, furnish City with
properly executed certificates of insurance which shall clearly
evidence all insurance required in this Section and provide that such
insurance shall not be modified or canceled,without the prior written
consent of the City.
d) All of the indemnity provisions and indemnifications described in this Section 10
shall expire when the City accepts the Phase 1 Improvements.
11. Prevailing Wages: Developer is aware of the requirements of California Labor Code Sections
1770 et. sue., which require the payment of prevailing wage rates for Developer's contracts
with its contractor(s)to construct the Improvements in accordance with a public works contract
as defined in Sections 1720 and 1720.2 of the California Labor Code. The Developer and City
agree that the Park is not a part of the development of the abutting street rights-of-way and
abutting private property. The Developer agrees that the Improvements in the Park shall be
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deemed a"public works project"as defined in the California Labor Code. The Developer shall
pay and cause its subcontractors to pay prevailing wage for the Improvements within the Park.
12. Contractor Licenses: All work performed on the Improvements shall be done only by
contractors licensed in the State of California and holding Business Registration Certificates
in the City of San Bernardino, and qualified to perform the type of work required.
13. Developer's Obligation.Acceptance of the Park and Improvements by the City shall satisfy the
Developer's obligation to the City. The Developer shall not be responsible or liable for
additional, future improvements to the Park.
14. [Deleted]
15. As-Built Drawings: Prior to acceptance of the Improvements by the City Engineer, Developer
shall provide City with a complete final set of as-built drawings reflecting all field changes.
16. Ownership of the hnprovements: From and after acceptance of the Improvements by the City,
ownership of the Improvements shall be vested exclusively in City.
17. Default by Developer: If the Developer fails to perform any of its obligations as provided in the
Agreement and fails to cure its nonperformance within 30 days after notice of nonperformance
is given by the City,then the Developer shall be in default and the City shall have all remedies
which are available to it at law or in equity;provided,however that if the nature of Developer's
failure to comply or perform is such that it cannot reasonably be cured within 30 days,then the
Developer will not be in default if it immediately commences and thereafter diligently
continues to cure its failure.
18. Default by CitX: If the City fails to perform any of its obligations as provided in the Agreement
and fails to cure its nonperformance within 30 days after notice of nonperformance is given by
the Developer,then the City shall be in default and the Developer shall have all remedies which
are available to it at law or in equity; provided, however that if the nature of City's failure to
perform is such that it cannot reasonably be cured within 30 days, then the City shall not be in
default if it immediately commences and thereafter diligently continues to cure its failure.
19. Negation of Aizencv Joint Venture or Partnership:The parties acknowledge that in entering into
this Agreement, they are acting as independent entities and not as agents of the other in any
respect. The parties hereby renounce the existence of any form of joint venture or partnership
among or between them and agree that nothing in this Agreement will be construed as making
them joint venturers or partners.
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20. Notices and Other Communications: All notices or other communications which are required
or permitted to be given to the parties shall be in writing and shall be given either by personal
service or by mailing the same certified or registered mail, postage prepaid, return receipt
requested, or overnight mail delivery service, addressed as follows:
CITY
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attn: Director of Development Services
DEVELOPER
GFR Enterprises, Inc.
434 N. Second Avenue
Upland, CA 91786
Attn: Felix Robles
Addresses,to which notices or other communications may be delivered,may be changed from
time to time by written notice, which is given as provided in this paragraph 20.
21. Estoppel Certificates:At the request of either party,the other party will,within 10 days,certify
in writing that, to the best of its knowledge, (a) this Agreement has not been amended or
modified, except as expressly provided in that estoppel certificate and (b) no default in the
performance of the requesting party's obligations as provided in this Agreement exists, except
as is expressly provided in that estoppel certificate.
22. Applicable Law:This Agreement shall be construed and enforced as provided in California law.
23. Su erseding State or Federal Law: If any state or federal law or regulation which is enacted or
adopted after the Effective Date or any other action of any governmental entity which is not
under the City's control, prevents or precludes compliance with any provision of this
Agreement, then that provision of this Agreement shall be modified or suspended only to the
extent and for the time necessary to achieve compliance with that law, regulation or other
governmental action and the remaining provisions of this Agreement shall continue in full force
and effect. The parties shall negotiate in good faith for such amendments to this Agreement as
may be necessary to achieve its intent, notwithstanding the existence of such state or federal
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law or regulation or other governmental action. On the repeal of any such law, regulation or
other governmental action or on the occurrence of any other circumstance which removes the
effect of the same on this Agreement, the provisions of the Agreement shall be automatically
restored to their full original effect and any amendment to this Agreement which the parties
have entered into as a result of any such law, regulation or other governmental action, shall
terminate.
24. Venue: Any legal action with respect to this Agreement shall be brought in San Bernardino
County Superior Court or in the United States District Court for the Central District of
California.
25. Attorneys Fees: If legal action is taken to enforce or interpret any provision of this Agreement,
then the prevailing party in that action shall be entitled to recover from the losing party all
attorneys' fees, court costs and necessary disbursements in connection with that action. The
costs,salaries and expenses of the City Attorney,and members of his office,in connection with
that action shall be considered as attorney's fees for the purpose of this Agreement.
26. Paragraph Headings: The paragraph headings of this Agreement are for convenience only and
are not a part of and are not intended to govem, limit or aid in the interpretation of any
provision of this Agreement.
27. Construction: In all cases,the language in this Agreement shall be construed simply,according
to its fair meaning and not strictly for or against either party, it being agreed that the parties or
their agents have participated in the preparation of this Agreement.
28. Survival: Each and every covenant in this Agreement shall survive the execution and delivery
of this Agreement for the benefit of the parties.
29. Calendar Periods: All references in this Agreement to "years", "quarters", "months", and
"days"will be deemed to be references to calendar years, quarters, months, and days.
30. Severabilitv: Every provision of this Agreement is and shall be construed to be a separate and
independent covenant. Without limiting the effect of paragraph 30, if any provision of this
Agreement or the application of the same is,to any extent,found to be invalid or unenforceable,
then the remainder of this Agreement or the application of that provision to circumstances other
than those to which it is invalid or unenforceable, will not be affected by the same and that
provision of this Agreement shall be valid and shall be enforced to the extent permitted by the
law. The parties shall negotiate in good faith for such amendments to this Agreement as may
be necessary to achieve its intent,notwithstanding such invalidity or unenforceability.
31. Covenant of Good Faith: hi exercising their rights and in performing their obligations as
provided in this Agreement, the parties shall cooperate with one another in good faith, so the
intent of this Agreement can be attained.
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32. Countemarts:This Agreement may be executed in counterparts,each of which shall be deemed
to be an original for all purposes and all such counterparts will constitute one and the same
agreement.
33. Incorporation of Recitals: The"Recitals" in this Agreement are material and are incorporated
by reference as though fully set forth hereof.
34. Exhibit: The Exhibits to this Agreement are incorporated by reference as though fully set forth
herein.
35. Amendment: No amendment or waiver of any term of this Agreement shall be binding on the
City unless and until it has been approved and executed by the City or on the Developer unless
and until it has been executed by the Developer.
36. Assi ent: This Agreement shall not be assigned without the written consent of the parties
hereto, and any assignment without such written consent shall be void and ineffective.
37. Time of Essence: Time is of the essence of this Agreement.
38. Previous Agreement and Amendment.The 2006 Park Dedication and Improvement Agreement
and 2007 Amendment is hereby terminated.
SIGNATURES FOLLOW
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PARK DEDICATION AND IMPROVEMENT AGREEMENT
CITY OF SAN BERNARDINO
By:
Charles E. McNeely, City Manager
ATTEST:
By:
Rachel Clark, City Clerk
DEVELOPER
GFR Enterprises, Inc.
By:
Name: Eel»ardo Robles, Jr
Title: President
APPROVED AS TO FORM:
James F. Penman, City Attorney
- L.
By:
Exhibit"A"-President Ronald Reagan Park Site
Exhibit"B"-Phase 1 Improvements Scope of Work
Exhibit"C"- Grant Deed Template
Exhibit"D"-Phase 1 Improvements Budget
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Proposed Park Improvements
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PROPOSED PARK '017 A n
Detail "A" IMPROVEMENTS q��, EXHIBIT o A
(N.T.S.)
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT Proposed Park Improvements —
REALPROPERTYSECTION Southerly of Irvington Avenue,
LOCATION OF PROPOSED Westerly of Chestnut Avenue
- PARK IMPROVEMENTS Created by: LQSZlO )1`01055y I Date: o4-in-)o
EXHIBIT "B"
PARK DEDICATION AND IMPROVEMENT AGREEMENT
CITY OF SAN BERNARDINO AND GFR ENTERPRISES,INC.
PHASE 1 IMPROVEMENTS—SCOPE OF WORK
The Developer shall complete the following:
1. Have a civil engineer and surveyor stake elevations as per the approved plans date
06/06/07.
2. Rough grade the site, including removal of all but the one tree, which will be
protected in place.
3. Provide and install tubular steel fence as per detail F, sheet 10 of the approved plans.
4. Protect the existing utility box in place.
5. Protect the existing sidewalk in place.
6. Install the irrigation system for Phase 1 landscaping,with"stub-outs" for future
improvements. The irrigation system will include the furnishings, installation and
testing of all mainline points of connection, lateral lines, risers and fittings, and the
finnishings and installation of sprinkler heads, controllers, electric and manual control
valves excavation and backfill, and all other labor and materials necessary to provide
a complete irrigation system as reasonably implied by the drawing specifications and
details on the approved plans.
Note: The irrigation lines in Phase 1 will be installed next to the sidewalk. When the
City commences construction of Phase 2 improvements, the main line next to the
sidewalk will remain in place. Lateral lines will be extended from the main lines as
needed to complete the Phase 2 improvements.
7. Final grade clearing of all rocks, followed by compaction, after installation of the
irrigation system.
8. Hydro seed the entire site with dwarf tall fescue seed mix.
Scope of Work
Page I of 2
The City shall complete the following:
1. Conduct a pre-construction meeting with the Developer.
2. Issue the Notice to Proceed and all required permit(s).
3. Provide Public Works and Parks, Recreation, and Community Services inspections as
required.
4. Make periodic payments as per Exhibit"D" as Developer submits payment requests
including 5% for General and Administrative costs.
5. Upon completion of the Improvements to the satisfaction of the City Engineer, the
City shall accept and record the Grant Deed from the Developer in the form as shown
on Exhibit"C"and the City shall file and record a Notice of Completion for the Phase
1 Improvements.
EXHIBIT "C"
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL
300 North"D" Street
San Bernardino, CA 92418
APN: @
File No.@
SPACE ABOVE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, (*,hereby grants to the
CITY OF SAN BERNARDINO, a municipal corporation,the real property in the City of San Bernardino,
County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF
By:
Date: By:
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA )
S.S.
COUNTY OF )
On before me, Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the
instrument the person(s),or the entity on behalf of which person(s)acted,executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Sienature
EXHIBIT "C"
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within instrument to the City of San
Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and
grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By:
City Clerk
Date:
Exhibit D
President Ronald Reagan Park Budget & Payment Schedule
Estimated
Total GFR Cost to
Budget Spent to Date Complete Park
Summary
Standard Park $317,194.20 $317,194.20
Park- Additional 122,539.93 61,558.93 60,981.00
Engineering 14,000.00 7,506.21 6,493.79
Developer General & Admin. Costs 23,761.07 23,761.07
Contingency 21,487.28 21 487.28
$498,982.48 $69,065.14 $429,917.34
GFR's Unpaid Obligation
Fees deferred from Tract 16795 $185,273.41
Less: GFR Spent to Date (69,065.14)
GFR's Unpaid Obligation $116,208.27
Cost to City to Complete Park
Estimated to Complete Park $429,917.34
Less: GFR's Unpaid Obligation (116,208.27)
Cost to City to Complete Park $313.709.07
Payment Schedule:
Draws will be submitted to the City based on the following relative completion of the project:
Submittal One 25.00%
Submittal Two 25.00%
Submittal Three 25.00%
Submittal Four 15.00%
Submittal Five 10.00%
100.00%
Copy of Reagan Park-Exhibit E 041510 REV TO D 041510 4/15/2010 2:44 PM