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HomeMy WebLinkAbout54-Parks & Recreation - - - ~ -- - CI~~OF SAN BERNARDI~~EQQ:ST FOR COUNCIL A~ION From: Annie F. Ramo~, Director , " '." "S'''''ec.t: ....,.. r.'n .. P;,J..-t'l' 'tJoU t'\CI".. u. ..,-,' 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. a']~ #1 . t~' -,." 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: '!"Io.n"" Agenda Item No. 51/ - CI~~OF SAN BERNARDINbJ - REQWST FOR COUNCIL Aet-ION . 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. 75-0264 c r ~ , ') - 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 -2- .~ c /"",....... -~" RECEIVEr:,..) JAN 17 1990 PK.. REC. & r.OMM. SVC. January 16, 1990 - - C~~p~S "iTor me. !TlOmeff'!/otU' ~.I'~ ,. 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 --------- 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 *~~~s ",9(,,..'Thc !J'/iJme;'!I7fi",.. ..(yel''e _...~(-: '\ 7\(':::"": h~p'.~~'" ..- ~J April 30, '890 APR :3" 19~iJ . '" ^. , c" "" .,' ,'. Pit, r.t:..... ,:.: 1."_:. ,-,\1." 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 l~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ./ '\ ) 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: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 1 If~ ;IF 5'1- C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I'~' , V ) ~, ) 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~ ./ 5/31/90 -2- c ,.- l_ ~-, , ~..I ) 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 6 7 8 9 10 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 11 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 18 into CHC desire to enter WHEREAS, the City and an 19 agreement for the dedication in 20 21 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 27 28 5/31/90 ttachment B hereto; and -1- L II , ) " ,/ 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: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5/31/90 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 -2- L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,.-..,. '-' '''\ J \ ) 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. 24 25 5/31/90 -3- 26 27 28 L . r' '- " J \ .J 1 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. 22 23 24 25 26 27 28 5/31/90 -4- c . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /'....... r"\ V ) ........, 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 ~j By: Title: -5- c . ,.....--, ) -- ~j 1 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 6 7 8 9 10 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: ------ 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 18 19 20 21 22 23 24 25 26 27 28 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 -1- EXHIBIT A , I....-- . c 'j '-" \ j 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 27 28 5/31/90 -2- 1..- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ,F -, ''\ V ) -- 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. 22 23 24 25 5/31/90 -3- 26 27 28 l, . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 /" .'- ....., ....."" ....) 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. 22 23 24 25 26 27 28 5/31/90 -4- L . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 r'"'. '-' "..., ...-, ^"..\ --" 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 16 17 18 19 20 21 22 23 24 25 26 27 28 5/31/90 -5- City of San Bernardino Annie F. Ramos, Director Parks, Recreation and Community Services Department century Homes Communities By Title c.- ""-, 0 ~ '-' I . -,/ \ . ..... ."OY'..~'. Hit (j ....r ""4 If'. . ..11 , t-3 Z 0 . ...... .. ~ .. .... ~ .. t-" N ~ .. N - 0 0 ... .. " .. .. .. g '" -~ C . ... :~ V ,... ATTACHMENT Al Cl _ :<':'J' , :~" ""~:;'-'i::"":~..~" "-" I (, .' / ,31 : ! 30:'~': ,!,,~, , : '~:;;,. ~-' 29 , , J/,., .. ; ':, 'C'/ . " c" ~- ~- ...' ~:' I I .~I I I ~, '" TI , "', t ~t - . ....._.=,~,<~~,~""--~,:~"~!~:''':: I ,"'0 ~(, \ i\~ , ~~ , I I I LOT A (3.24 ACRES) .. . '. .~ . "." '. ," _ .J',"". ~,. - . :.' :.. ';#f.c' ~ . (OPEN SPACE TO' BE DEDICATED TO CITY PARKS DEPT.) , 'l9JJ.' I 18J. 92",' I "'R(iV R. 114 14 / / I fJ/ ~ Q: ~ I \', .J:::: '~ , <Ii \", ... " ~ / ./ :r& ;' ~ I 'i :;, ~~ "'Joo r;;.. ;:"J '<;. :t '. ~ :.C~' f!.f J a '.. ..,' <- ~;>> __ SIc!;. ..-- 'F ~~ ., .\ . . -""'~. A 1" E ~ O. J4' ~.{ / \- j --/-/ i .14 7J- :::~ i .-. ,'" ~I ............... ../. ~, '".......... . "", 't-,6J,. 0-. , -'.~. ~ ! ~ I (.f.to,--[ 1'1:1 J '/ ~. ~ ..-,I OJ ~...;,:.. '- 119. 12 ~ ..; '. ,r ';? --=: Sii X,AiL 'j' . ~, . .., . s-. ..., O:~ - , .-; " ~ 5. ~ .., 'i.. I I ATTACHMENT A2 ~ , e -:.'" '" / i / ~ N,(/" : f -'- ~