HomeMy WebLinkAbout14-Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution repealing Resolution No. 2007-
413 and approving Amendment No. 1 to
Dept: Development Services Agreement with GFR Enterprises, Inc. for
the Dedication and Improvement of a 4-
Date: December 6, 2007 Acre Park at the Southwest Corner of
Irvington Avenue and Chestnut Avenue.
MCC Date: December 17, 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 corner of
Irvington Avenue and Chestnut Avenue.
10-01-07. Resolution No. 2007-413 adopted approving Amendment No. 1 to Agreement with GFR
Enterprises, Inc for the dedication and improvement of Ronald Reagan Park.
Recommended Motion:
Adopt Resolution.
rdbit�l 6111, b-0—
Valerie C. Ross
Contact Person: Valerie C Ross Phone: 5357
Supporting data attached: Staff Report; Resolution& Ward: 5
Agreement
FUNDING REQUIREMENTS: Amount: $ N/A
Source:
Acct. Description:
Finance:
Council Notes: Z6s0 0 0 0'7- 7&
Agenda Item No.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Repeal Resolution No. 2007-413 approving Amendment No. 1 to Agreement with GFR
Enterprises, Inc. and Adopt new Resolution approving Amendment No. 1 to the Agreement 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. 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, $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 October 1, 2007 Mayor and Common Council meeting, a resolution was adopted
approving Amendment No. 1 to the Agreement with GFR Enterprises, Inc. This amendment was
to reimburse GFR Enterprises, Inc. 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 Project No. PR08-02, including
staff time for construction inspection, estimated to be $14,960, for a total of$230,000.
Subsequent to that last Mayor and Common Council meeting, staff and GFR Enterprises, Inc.
determined that some of the language in Amendment No. 1 was problematic. Subsection 6(13) is
being revised as follows:
6 (B) Term of Reimbursement Obli g tom: The City's obligation, u ndef this ^ feemen*,
ko-riivcrse- D2tf16pef fAf-the zrnipzetk9i said additional impfevements- si crr
eenfintie fef a pefied of thirty (30) days ffe - pletien of said additie
as. After- said 30 day pefied or- feimbufsement in full, ,
the City's obligation to °:v,.i,ufse the D halt t * . The City shall reimburse
i Vi111VU1 JV L11V LVYVl
the Developer for the completion of said improvements within thirty (30) days of
completion of said improvements. 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.
Financial Impact:
No change from October 1, 2007. 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(PR08-02)."
Recommendation:
Adopt Resolution.
2
I c(OPY
2 RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION NO. 2007-413 AND APPROVING
4 AMENDMENT NO. 1 TO AGREEMENT WITH GFR ENTERPRISES, INC. FOR THE
5 DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK AT THE SOUTHWEST
CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE.
6
WHEREAS, on February 21, 2006, the Mayor and Common Council adopted Resolution
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8 No. 2006-58 approving an Agreement with GFR Enterprises, Inc. for the dedication and
9 improvement of a 4-acre park at the southwest corner of Irvington Avenue and Chestnut Avenue;
10 and
11 WHEREAS, GFR Enterprises, Inc. requested an Amendment to said Agreement in order
12 to be reimbursed for extra work at President Ronald Reagan Park that was requested by the City
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but not included in the original Agreement; and
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15 WHEREAS, on October 1, 2007, the Mayor and Common Council adopted Resolution
16 No. 2007-413 approving Amendment No. 1 to the Agreement with GFR Enterprises, Inc.; and
17 WHEREAS, the Mayor and Common Council wish to modify the language in said
18 Amendment No. 1.
19 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
20 OF SAN BERNARDINO AS FOLLOWS:
21 SECTION 1. Resolution No. 2007-413 is hereby repealed.
22 SECTION 2. The City Manager is hereby authorized to execute Amendment No. 1 to
23 said Agreement (see Exhibit "A" attached and incorporated herein) with GFR Enterprises, Inc.
24 for the dedication and improvement of a 4-acre park at the southwest corner of Irvington Avenue
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i and Chestnut Avenue. Such Agreement shall be effective only upon being fully executed by all
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27 parties.
28 7-0
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2 RESOLUTION ... REPEALING RESOLUTION NO. 2007-413 AND APPROVING
AMENDMENT NO. 1 TO AGREEMENT WITH GFR ENTERPRISES, INC. FOR THE
3 DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK AT THE SOUTHWEST
CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE.
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5 SECTION 3. This Agreement shall not take effect or become operative until fully signed
6 and executed by the parties and no party shall be obligated hereunder until the time of such full
7 execution. No oral agreement, amendments, modifications or waivers are intended or authorized
8 and shall not be implied from any act or course of conduct of any party.
9 SECTION 4. This resolution is rescinded if the parties to the Agreement fail to
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execute it within sixty (60) days of the passage of the resolution.
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1
2 RESOLUTION ... REPEALING RESOLUTION NO. 2007-413 AND APPROVING
AMENDMENT NO. 1 TO AGREEMENT WITH GFR ENTERPRISES, INC. FOR THE
3 DEDICATION AND IMPROVEMENT OF A 4-ACRE PARK AT THE SOUTHWEST
CORNER OF IRVINGTON AVENUE AND CHESTNUT AVENUE.
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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 meeting thereof, held
7 on the day of , 2007, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10
BAXTER
11
BRINKER
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13 DERRY
14 KELLEY
a.
15 JOHNSON
16 MC CAMMACK
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19 City Clerk
20 The foregoing resolution is hereby approved this day of 2007.
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22 Patrick J. Morris, Mayor
City of San Bernardino
23 Approved as to Form:
24 JAMES F. PENMAN,
25 City Attorney
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L 27 By:
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EXHIBIT "A"
AMENDMENT NO. 1 TO
PARK DEDICATION AND IMPROVEMENT AGREEMENT
This Amendment No. 1 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
1. 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 corner 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
1. Section 2 of the Operative Provisions of said Park Dedication and Improvement Agreement
is amended to add that Developer shall also install said additional improvements at President
Ronald Reagan Park in accordance with specifications and designs previously approved by
the City.
1
EXHIBIT "A"
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 of this Agreement. In the event that Developer does not comply with the terms
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 shall reimburse the Developer for
the completion of said improvements within thirty(30) days of completion of said
improvements. 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.
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.
2
EXHIBIT "A"
R
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
3
EXHIBIT "A"
AMENDMENT NO. 1 TO
PARK DEDICATION AND IMPROVEMENT AGREEMENT
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
ATTEST:
By:
Rachel Clark, City Clerk
APPROVED AS TO FORM:
James F. Penman, City Attorney
By:
DEVELOPER
GFR Enterprises, Inc.
By:
Name:
Title:
4
AMENDMENT NO. 1 TO
PARK DEDICATION AND IMPROVEMENT AGREEMENT
This Amendment No. 1 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
1. 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 corner 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 Developer shall also install said additional improvements at President
Ronald Reagan Park in accordance with specifications and designs previously approved by
the City.
1
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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 of this Agreement. In the event that Developer does not comply with the terms
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 shall reimburse the Developer for
the completion of said improvements within thirty(30) days of completion of said
improvements. 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.
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.
2
6(D) Insnection: 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
I
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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
APPROVED AS TO FORM:
James F. Penman, City Attorney
By-/
DEVELOPER
GFR Enterprises, Inc.
By:
Name:
Title:
4