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Home My WebLink About1988-02-23; City Council; Resolution 88-52* il 1 2 3 4 5 6, 0 e RESOLUTION NO. 88-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 1988 PARK SUPPLEMENT TO THE 1982 PARKS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LA COSTA RANCH COMPANY (BCE DEVELOPMENT, INC.) FOR THE DEDICATION OF CERTAIN PARK LAND AND PARTIAL FINANCING OF PARK CONSTRUCTION WITHIN PARK DISTRICT 4. 7 8 9 does hereby resolve the following: 10 Company as a result of the City's Growth Management Prog 11 Agreement between the City of Carlsbad and the La Costa behalf of the City of Carlsbad. 16 authorized and directed to execute said supplement for 15 14 vtlvv, and incorporated herein by reference, is hereby appr 13 copy of the 1988 Supplement is attached hereto, marked E 12 17 18 19 The City Council of the City of Carlsbad, Cali 1. That it is necessary to revise the 1982 2. The Mayor of the City of Carlsbad is PASSED, APPROVED AND ADOPTED at a regular meeting City Council of the City of Carlsbad held on 23rd da February , 1988 by the following vote, to wit: 20 1 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None 21 I 22 23 24 ATTEST: ABSENT : None 25 I // 27 26 I ALETHA LI- L. RAUTENKRANZ, pg-$ Cit Clerk 28 ( SEA.L) 0 0 EXHIBIT NO. 1988 PARKS SUPPLEMENT THIS 1988 SUPPLEMENT TO THE 1982 PARKS AGI; (tlSupplementvv) is made this - day of between the CITY OF CARLSBAD, a municipal corporation State of California (''Cityv1) and BCE DEVELOPMENT, INC. ( agrees as follows: Recitals A. On July 1, 1986, the City Council duly adopt Ordinance 9810, a Growth Management Program for the C Carlsbad. The purpose of this Growth Management Program insure that an adequate level of public facilities and s would be provided prior to or concurrently with devel The Growth Management Program is based on a three planning approach which first began with the preparation Citywide Facilities and Improvement Plan to assess the e: and buildout public facility needs of the City. The phase of the Growth Management Program requires that Facilities Management Plans be prepared in each of the five management zones in order to show how development o areas will comply with the City's Growth Management P The third and final phase of Growth Management requires ' individual projects are approved they clearly identify hc provide the public facilities required for their projec fit into both the Citywide Plan and the Local Zone Plan. B. On September 23, 1986, City Council duly adopt Resolution No. 8797, Citywide Facilities and Improvement the first phase of Growth Management. At this time tl Council adopted Resolution No. 8796 which establish specific public facility performance standards to be used implementation of the Growth Management Program. C. The Local Facilities Management Plans for Zones 12 have been prepared in accordance with the City's e 0 Growth Management Program. During the preparation of facility plans, certain public facilities such as park: identified to be below the adopted performance standard. City's Growth Management Program requires that all eleven facilities conform with the adopted performance standards development may be allowed to occur. BCED's developme1 well as other developers in the southeast quadrant, can forward until these facilities are brought into conformanc the adopted standards. To comply with the City's Management Program, the City and BCED have agreed tc together .to secure necessary park land and guarantee portion of the financing for construction of required par within the southeast quadrant of the City. D. As a major landholder in the southeast quadrant, c District 4, BCED is willing to provide both dedication o land required and to guarantee a portion of the financi the construction of this park land which together wil City's financing of a portion of this park land will development to comply with the City's Growth Management E and will allow BCED the ability to build in the sou quadrant so long as all public facility performance sta are met. E. BCED desires to revise its existing Master Plan a City has agreed to the processing of certain items in or allow BCED to begin this process. This supplement is nec to update the 1982 parks agreement and the requirements f existing Master Plan to make them consistent with the pr master plan revision and the City's Growth Management Pro5 F. As a part of the ongoing planning process, the Growth Management Program and the adoption of Public Faci Performance Standards, the City and BCED now wish to hme 1982 Parks Agreement with this 1988 Parks Supplement t Satisfy the Master Plan requirement for parks acreage; a Allow for the accelerated dedication and joint financing construction of the North Community Park. -2- 2/6/88 by POC 0 0 NOW THEREFORE, incorporating the recitals of facts se' above and in consideration of the mutual covenants contained, the parties agree as follows: AGREEMENTS 1. This Agreement is a supplement to the 1982 Agreement. BCE Development, Inc. ( vvBCED1v) is a party t Agreement as a successor in interest to the Daon Corporat 2. Paragraphs number 3 and 4 of the 1982 Parks Ag shall be superceded by this 1988 Supplement. 3. The dedication of various park land under the 198 Agreement has occurred and the schedule marked Exhik attached hereto and made a part hereof, provides a state the remaining existing parks credits available to BCEI that agreement. 4. BCED agrees to dedicate 35 acres of park land City of Carlsbad. The area dedicated shall be subject approval of the Parks and Recreation Director, th Engineer, and the Planning Director. The dedication include the right-of-way and/or easements as are neces: provide streets and utilities necessary to access the 1 determined by the City. The park site shall be selectt process of mutual agreement in the context of process. Master Plan for Local Facility Management Zone 10. If ag is not reached by December 1, 1989, the City shall hi right to designate in writing to BCED the 35 acres it des be dedicated for park land and the dedication shall o( later than 30 days following written notification. The ag for this dedication shall be secured by a Deed of Trust i of the City of Carlsbad encumbering the entire 765.9 a the property located within Local Facility Management Z to be executed and delivered with the execution c agreement. BCED shall provide this Trust Deed within (30) days after this agreement is approved by the City C 2/6/88 by POC -3- 0 e The dedication of park land shall occur on the earlier recordation of the first final map of property owned by E Local Facility Management Zone 12 as shown on Exhib: attached hereto and made a part hereof, labeled "BCE Devel 423 +/- acres," or January 1, 1990. 5. BCED agrees to pay $2,241,265 for the construct 19.48 acres of park land. This agreement shall be secu the Deed of Trust on BCED property in Local Facility Mans Zone 10. Upon the earlier of the recordation of the first map of property owned by BCED in Local Facility Managemer 12 as shown on Exhibit #2 labeled "BCE Development 4 acres, It or January 1, 1990, BCED shall deliver to the letter of credit in the amount of $2,241,265 as subs1 security. The letter of credit shall be issued by a fi1 institution and contain terms and conditions as accepta the Finance Director and City Attorney. Upon delive acceptance of the letter of credit and the apprc documentation dedicating the 35 acres to the City, as rt by Paragraph 4 the City shall reconvey the Deed of Trust. 6. The City shall provide BCED with a funding schedt the construction of the park described in paragraph 5, no1 than 90 days prior to date when the City will require j BCED shall provide cash to City as required by the : schedule on the date due. If BCED fails to provide const: funds as required by the schedule, then City has the ric shall enforce the obligation against the letter of credi construction funds are paid, the City shall concurrent1 such notices as necessary to reduce the letter of credit equivalent amount paid. The City agrees not to make ar for funds prior to January 1, 1990. 7. This supplement will require BCED to dedicate 3: of park land prior to the time the actual park land requi: will be determined as the revised Master Plan is prepai approved. The City and BCED therefore agree to provide supplement for a method of accounting for this dedicatl -4- 2/6/88 by POC e e subsequent BCED park demands. BCED parks requirements fo: residential property in the southeast quadrant shi established by the City Council as a part of its approval revised Master Plan ("the MP Requirement1') . The MP requ will be subtracted from the 35 acres to determine the re: acreage. Any existing credits unused at the time of ded available under the 1982 Parks Agreement will be added remaining acreage and the total will be availab: reimbursement ( llReimbursement Acreage") . A. BCED shall receive park-in-lieu credi accordance with the 1982 Agreement and this suppleme individual subdivision of its property up to the amount MP requirement. Any unused remaining balance of requirement will be retained by the City. If subd requirements exceed the MP requirement amount the reimbu acreage will be reduced accordingly. Upon dedication of acres, the City and BCED will agree upon a certified appraiser who will determine the value of the park land highest and best use at the time it is dedicated. Once requirement is determined then, if necessary, the Cit enter into a reimbursement agreement with BCED. The ag will provide for a determination of the value 1 reimbursement acreage as of the date of the dedicat appraisal. BCED will be reimbursed by City a percentage park in lieu fees collected by City from other developers southeast quadrant in accordance with the City's improvement budget priorities. 8. As a part of this supplement, BCED agrees to $2,241,265 of their Public Facility Fees to the Ci accordance to paragraphs 5 and 6 of this supplement, in o guarantee the construction of 19.48 acres of park lanc City agrees to the following: a. Through June 30, 1992 BCED shall be required all Public Facility Fees in full as they acc b. Commencing July 1, 1992, BCED shall have its -5- 2/6/88 by POC e e Facility Fee requirements set at 65 percent Public Facility Fee until such time as the pre-paid amount of $2,241,265 is reducec Public Facility Fees owed or reimbursed 1 City. BCED shall be able to apply this I rate against its obligation to pay Public Fz Fees for any project in the southeast quz The annual maximum that the Public Facility I be reduced in any year shall be $317,500. 1 Public Facility Fee reduction does not rea maximum annual amount of $317,500 allowed this supplement, the City agrees at its discretion, depending upon the available Facility Funds, to reimburse BCED the differ€ (c) All pre-paid Public Facility Fees shall be rc as fee reductions or reimbursements no late June 30, 2002. Any remaining balance as o 30, 2002 shall be paid by the City to BCED. (d) The City shall maintain an on-going record Public Facility Fees paid by BCED and a cc summary of all fee reductions and reimburs made by the City. 9. The City agrees to use its best efforts, assuming response to all City requirements by BCED, to meet a proc schedule by providing the following items for City ( action by September 6, 1988: A. Master Plan and General Plan Amendmen required, for Local Facility Management Zone 12 as designa BCED as ttsouthwestlv. B. Environmental review for Local Facility Mana Zone 12 area as designated "southwestr1. C. Financing plans for Local Facilities Mane Plans Zones 11 and 12. D. Tentative maps for Local Facility Managemen 12 area as designated "southwest". -6- 2/6/88 by POC e 0 10. The City agrees that as part of the agreement to : between the City, BCED and MAG Properties, the processinc for the BCED Local Facility Management Zone 11 pro: designated as llsoutheastll shall be determined and fi mutual agreement. Failure to reach a mutually accl processing schedule for BCED Local Facility Management : shall in no way affect any other provision of this supple 11. This supplement shall constitute the entire sup to the 1982 Parks Agreement in complete and unders between the parties with respect to the subject matter superceding all negotiations, prior discussions, prel agreements or understandings written or oral. 12. This Agreement shall be effective upon execution Supplemental Agreement and upon delivery of Trust Deed i: of the City for 765 acres of Local Facility Management ZI BCED will deliver this Trust Deed to the City no latc thirty (30) days following City approval of this suppleme IN WITNESS WHEREOF, the parties hereto have executc agreement on the day and year first above written. CITY OF CARLSBAD A Municipal Corporation of th State of California ATTEST: BY CLAUDE A. LEWIS , Mayor City Clerk BCE DEVELOPMENT, INC. A Delaw e Cor oration BY fly APPROVED AS TO FORM: p President, La Costa Ranch Co. -7- 2/6/88 by POC a 0 EXHIBIT # c I n W = u Y Iy < P * I- 2 X u I u < u 0 W 0 c < UI - a is * 0 w c 2 w n w OL -03 3w ff= wu =< % E! 2 CI = c * nn n en ww x uw LLc a wu < AUrA 0 w-w uwu un= unu CI eo w ue = WI- AZ w=3 uo uaz uu n w > 0 a n P < v) z 0 rA > - I n m 3 rA w u =?. < 4 U m w c U u 0 w n - n -1 U 5 I- m 3 u) 0 w I- U V 0 w I n w m w e U 0 u) c zz 3 0 2 U - a P C 0) > 0 .- In Q) LU UaJ ms s In *- .- CG! 5: r rs CaJ 0 uc Lm urn m- VI n YU L .C mu 00 L NU 2. - .-u C a0 P'c LL uuuu u<<u *ooIn ???? -00.0. .-.- u*oVI "9k"f F InInInVI NNNN .... C".- VI N ,000 .- 0 ?zzz a, 4 a N."9 0 IO0 IN, I 9"" N rd> rr 0 u) rwm .C .C r 33 mInVIN 0.NN" morn- hcohco c cn m I,,, cccc uuuu r C rE ma CL aJ4 N am n 4Ja .c 2: 2i 3 SQ os s Q) cr om .C L r mu UP) -.i 4i urn aJL UP) SaJ LU mu d nm uu ua OIn ICY cob .. 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