HomeMy WebLinkAboutFieldstone / La Costa Associates Limited Partnership; 1988-10-14;< 0 a
FIRST AMENDMENT TO
1988 FIRE STATION AGREEMENT
THIS FIRST AMENDMENT TO THE 1988 FIRE STATION AGREEMENT i
made this /BG day of December, 1989, between the CIT
OF CARLSBAD, a municipal corporation of the State of Californi
(t'Citytt), and FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP
a California Limited Partnership ( lfFieldstonelg), who agree a
follows :
A. On October 14, 1988, City and BCE DEVELOPMENT, INC
(ltBCED1l) entered into the 1988 Fire Station Agreement. Sinc
execution of that agreement, Fieldstone acquired certain propert
owned by BCED in the City of Carlsbad, and as part of tha
agreement, Fieldstone assumed all of the responsibilities an
obligations of BCED under the 1988 Fire Station Agreement
Fieldstone now wishes to formalize that undertaking and express1
assumes all terms and conditions of said Fire Station Agreemen
except as modified herein.
B. City and Fieldstone have determined that the scope o
work for the construction of Temporary Fire Station #6 and th
estimated costs therefor as listed on Exhibit #3 to the 1988 Fir
Station Agreement do not accurately reflect the actual work an
costs, and City and Fieldstone therefore wish to revise the 198
Fire Station Agreement to make corrections to these items.
Based upon the foregoing, City and Fieldstone agree a
f 01 lows :
1. Paragraph 2 of the 1988 Fire Station Agreement is amende
to read as follows:
112. City and Fieldstone agree that Fieldstone shall k
obligated to reimburse City for costs incurred for th
constructioh of Temporary Fire Station No. 6 in an amount c
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the actual costs of construction, but in any event not t
exceed $375,000. This obligation shall be satisfied b
Fieldstone's performance of one or any combination of th
following at Fieldstone's discretion and as herein agreed:
a. Payment by Fieldstone to City of cash in an amoun
of the actual costs of construction but not more tha
$375,000, on demand of the City and within thirty (30) day
following the City Council's award of the bid for constructio
of Permanent Fire Station No. 6.
b. Site preparation for Permanent Fire Station No.
of an agreed value not to exceed the actual costs o
construction of Temporary Fire Station No. 6 but in no even
more than $375,000, including any or all but not limited t
the following: site preparation, grading and utilit
construction to the lot line. Fieldstone may elect thi
option for reimbursement only in the event City and Fieldston
agree on the work proposed and the agreed value thereof prio
to the date the cash reimbursement would otherwise be due a
set forth in paragraph 2(a) above. City and Fieldstone agre
to exchange pertinent information in order for Fieldstone t
evaluate the site preparation option of reimbursement and t
do so at such time as required for Fieldstone to elect thi
option by the date required herein. City further agrees no
to unreasonably withhold approval of Fieldstone's estimate
costs for site preparation work. In addition to reimbursin
City for the construction of Temporary Fire Station No. 6
Fieldstone shall be required at no cost to City to provid
sufficient access to Permanent Fire Station No. 6 acceptabl
to the City Engineer and Planning Director. The cost of sai
access shall not be included as part of any reimbursemer
credit for the construction of Temporary Fire Station No. 6.
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2. Except as modified by this agreement, the terms an(
conditions of the 1988 Fire Station Agreement remain in full forct
and effect.
CITY OF CARLSBAD A Municipal Corporation of the
State of California
BY :
FIELDSTONE/LA COSTA ASSOCIATES
LIMITED PARTNERSHIP, A California
Limited Partnership
BY: THE FIELDSTONE COMPANY, A California Corporation, Its General Partner
- BY:
ATTEST :
APPROVED AS TO FORM:
W *R. saa,
VINCENT F. BIONDO, JR.
City Attorney 12. (3. gs.
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1988 FIRE STATION AGREEMENT
THIS 1988 FIRE AGREEMENT ("Agreementtt) is made this /$e, da
of d- , 1988, between the CITY OF CARLSBAD, a municipa corporation of the State of California (rlCitytl) and BC DEVELOPMENT, INC. (11BCED18), who agree as follows:
A. On July 1, 1986, the City Council duly adopted, a Ordinance 9810, a Growth Management Program for the City c
Carlsbad. The purpose of this Growth Management Program was t
insure that an adequate level of public facilities and service
would be provided prior to or concurrently with development.
B. On September 23, 1986, the City Council duly adopted, a Resolution No. 8797, Citywide Facilities and Improvement Plan a the first phase of the Growth Management Program. At this time th City Council adopted Resolution No. 8796 which established th specific public facility performance standards to be used in th implementation of the Growth Management Program. The City's Growt Management Program requires that all eleven public facilitie conform with the adopted performance standards or no developmen may be allowed to occur.
C. The Local Facilities Management Plans for Zones 6, 1 and 12 have been prepared, and have been adopted by the Cit Council, in accordance with the City's Growth Management Program During the preparation of these facility plans, certain publi facilities such as fire services were identified to be below th adopted performance standard set forth in Resolution No. 8796.
D. On February 23, 1988, the City Council duly adopte
Resolution No. 8851 approving the reprioritization of the existin
Capital Improvement Budget by transferring funds from the Genera Capital Construction Fund to the Public Facility Fee account fc the purpose of constructing Fire Station 6. The Council took thi
action to rectify a facility shortfall for fire services identifie during the preparation of the Local Facilities Management Plans fc Zones 6, 11 and 12.
E. Following the City Council's action described i paragraph D above, the City staff began to prepare its plans fc the construction of Fire Station 6 on property currently owned k the City east of existing Rancho Santa Fe Road ("Permanent Fir Station No. 6" or "Permanent Site"). Because of the pendir realignment of Rancho Santa Fe Road and the uncertainties of it eventual exact vertical and horizontal elevations, which in tur affect the design and construction of both Permanent Fire Static
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No. 6 and the development of BCED lands adjacent to and surroundin the Permanent Site, it has been determined that the constructia of Permanent Fire Station No. 6, at its present location would nc be a prudent decision for the City or BCED, and the City and BCE therefore desire to construct a temporary fire station located c property owned by BCED and shown on Exhibit #1 hereto (IITemporar Fire Station No. 6") and to designate a new, Permanent, Fir Station No.6 site, adjacent to the realigned Rancho Santa Fe Roa as shown on Exhibit #2, subject to modification based on final roa engineering. The City and BCED will exchange the new site and th City's existing site, so that the old site will revert to BCED ar will be included in its future subdivision.
F. The City has determined that Temporary Fire Station Nc
6 will remedy the fire services performance standard deficienc identified in Zones 6, 11 and 12.
G. BCED recognizes that with construction of a temporar fire station, additional costs will be incurred by the City OVE and above those currently in the City's approved budget fc
construction of Permanent Fire Station No. 6, for which BCED agree to be responsible in the manner hereinafter set forth in thi
Agreement.
H. The City recognizes that BCED wishes to process ar receive approval of a parcel map which would create three separat legal lots from Lot 249 as shown on Exhibit # 1 attached heretc and the City recognizes the desire of BCED to utilize in son fashion those areas of Lot 249 which are not impacted by thj
temoporary fire station.
I. BCED recognizes the City's concern dealing with tl: available access to this site should a parcel map be approved ar will use its best efforts to ensure that these safety concerns ce be alleviated as the parcel map is processed.
NOW THEREFORE, incorporating the recitals of facts set fort
above and in consideration of the mutual covenants herein contain6 the party agrees as follows:
In satisfaction of the fire services performance standai
deficiency identified in the Local Facilities Management Plan fc Zones 6, 11 and 12, the City shall, at its cost and expense, bl subject to reimbursement by BCED as herein agreed, construc Temporary Fire Station No. 6 on BCED property being a portion ( Lot 249, La Costa Vale Unit No. 1 Map No. 7457, in the City (
Carlsbad, generally located at southwest corner of La Costa Aveni and Rancho Santa Fe Road, and shown on Exhibit #1 attached heretc Prior to commencement of construction, City and BCED shall joint:
make application for a Conditional Use Permit. This agreemei
1.
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shall be in full effect once it is executed by the Mayor and i contingent upon receiving approval of the Conditional Use Permit
2. City and BCED agree that BCED shall be obligated t reimburse City for costs incurred forthe construction of Temporar Fire Station No. 6 in the amount not to exceed $200,000 pursuan to the estimated costs for the scope of work listed on Exhibit # attached hereto. BCED additionally agrees to reimburse City fo direct improvement and/or construction costs in excess of $200,000 where such additional direct costs exceed the estimated costs c Exhibit #3, but in no event shall BCED's reimbursement obligatic exceed a total of $250,000. For purposes of this Agreement
"direct improvement and/or construction costsll shall be defined a those items for labor and/or material only as evidenced by detaile invoices, and shall expressly not include costs of insurance bonds, contractor's overhead or profit. This obligation shall k satisfied by BCED's performance of one or any combination of tk following at BCED's discretion and as herein agreed:
a. Payment by BCED, to City, of cash in an amount nc to exceed $200,000 on demand of the City and within 30 daj following the City Council's awarded bid for the construction c
Permanent Fire Station No. 6. Any reimbursement by BCED OVE
$200,000 and up to $250,000 shall be paid by BCED within thirt
(30) days of written demand from City, which demand shall incluc copies of invoices for which reimbursement is requested.
b. Site preparation for the Permanent Fire Station No.
of an agreed value not to exceed $250,000 including any or all bL
not limited to the following: site preparation, grading, ar utility construction to the lot line. BCED may elect this optic
for reimbursement only in the event City and BCED agreed on tk
work proposed and the agreed value thereof prior to the date tk
cash reimbursement would otherwise be due as set forth in paragrar
2(a) above. In addition to reimbursing the City for tk construction of the Temporary Fire Station, BCED shall be requirc at no cost to the City to provide sufficient access to tk Permanent Fire Station No. 6 acceptable to the City Engineer ar Planning Director. The cost of said access shall not be includc as part of the reimbursement for the construction of the Temporal Fire Station.
3. BCEDls satisfaction of its obligations under thj
Agreement, which are the temporary fire station site COS
reimbursement and new permanent fire station site exchange ar provision for access to it, are acknowledged and agreed by City t
be in full mitigation of fire services impacts which may arise frc the development of BCED properties within Zones 6, 11 or 1:
nothing herein shall relieve BCED of any obligation to pz
applicable Public Facility Fees, Local Facilities Management FeC
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and other fees in effect at the time of development in complianc with all City regulations. This Agreement is made based upon th assumptions and analyses of fire service facilities contained i the adopted Local Facilities Management Plans for Zone 6 date November 10, 1987, and Zones 11 and 12 dated February 23, 1988 a of the date of this 1988 Fire Station Agreement. BCED and Cit agree that if the adopted assumptions and analyses should chang
due to facts and circumstances not known or reasonably foreseeabl
as of the date of this Agreement, then and only in that event fir services mitigation may be required of BCED properties in additio to those contemplated and set forth herein.
4. Prior to commencement of construction of the Temporar:
Fire Station No. 6, BCED shall grant to the City an easement fo:
construction and operation of that facility on the Temporary Sit1 in a form mutually agreed by City and BCED. The term of thir
easement shall extend to one year after the Permanent Fire Statio:
6 site becomes available for the City to build on. The site wil
be deemed available once the appropriate deeds have been executec and accepted by the City Council and BCED. If the City fails tl vacate the Temporary Site within one year of the Permanent sit( being available, on the first day of the second year ground ren. shall be due and payable from City to BCED in an amount equal tc
10% per annum of the appraised fair market value of the propert
of its highest and best use. Rent shall be payable in monthl. installments. By way of example, if the appraised fair marke, value of the property is $240,000, annual rent would be $24,000 an1 monthly rent would be $2,000. City and BCED shall agree on a: appraiser to establish the fair market value. However, the Cit: must vacate the Temporary Site within two years of the permanenl site being deeded to the City and buildable. Upon termination 01 the easement, and promptly upon request of BCED, City shal: execute, acknowledge and deliver to BCED such documents as art required to relinquish all rights of City in the BCED propert! contained within the easement. The City shall remove all temporaq facilities and paving from BCED's property, capping off utilitie: in place. The site is to be cleared and returned to BCED withii
60 days of the temporary fire station being vacated.
5. City and BCED have previously reached tentative agreemenl that the new Permanent Fire Station No. 6 site shall be within thc cross-hatched area as depicted on Exhibit #2 attached hereto. Cit! and BCED now agree that the exchange of deeds as well as dedicatioi
or grant of access rights to the new Permanent Site from BCED tc
City shall occur at a time which is consistent with constructior
of that portion of Rancho Santa Fe Road as realigned which is
adjacent to the new Permanent Site.
6. Commencing on the date of this Agreement, City shall indemnify, hold harmless and defend BCED, its officers, directors,
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shareholders, employees, agents, managers and consultants and an and all other persons, firms or entities acting on behalf of BCED from any and all claims, demands, expenses or costs associated wit or arising from City's use of the property as contemplated by thi Agreement.
7. This agreement shall bind and inure to the benefit o the parties, their respective assigns and successors.
8. In the event of any dispute between the parties relatin
to the terms of the subject matter of this Agreement, the partie
agree that the prevailing party shall be entitled to reasonabl
attorneys' fees, together with all other costs and damages, a
determined by the court regardless of whether said dispute i settled or prosecuted to judgment.
9. No change in or addition to this Agreement or any par hereof shall be valid unless in writing and signed by all partie
hereto.
10. If any portion of this Agreement is held by a court o arbitrator of competent jurisdiction to be invalid, void an unenforceable, the remainder of the provisions hereof shall remai
in full force and effect and shall in no way be affected, impaire
or invalidated.
11. This Agreement constitutes the entire understandin
between the parties with respect to the subject matter hereof
superseding all negotiations, prior discussions, preliminar
agreements or understandings written or oral.
IN WITNESS WHEREOF, the parties hereto have executed thi
agreement on the day and year first above written.
CITY OF C
BCE DEVELOPMENT, INC.
to do business in California ATTEST: A Delaware Corporation, qualified
T//+,/[ id- e [t, i ('
ALETHA L. RAUTENK-Z, City Clerk)
By ._ $ /-
H. Lordon MacKenzie 9/25
(Typed Signature)
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EXHIBIT 1
- PROPC;Sf FIRE STAT
EXISTING TRAVELED ROUTE
RANCHO $ANTA FE RD, \
RANCHO SANBA FE RD.
hl Qf 6
EXHIBIT 2 i
EXHIBIT NO. .
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ESBkWJED COST OF CWSfaBtfCTPON FOR TMPQMRY FIRE STATION NO. 6
- Site work (assuming no aff-stte work)
a. Grading 32,000 sq. St. at $0.13 per sq. ft, = s 4, b. Paving (tight section - 3,100 sq. ft. at $1.75 per sq. ft. - $ 5, 5 4,
1. Gas line - 100 1.f. at $15 per 1.f. = 5 1, 2. Writer - loa 1.f. at $20 per l.f.= f 2, 3. Waste (C.1.) - 100 1.f. at $20 per 1.f. - s 2,
4. Efestrtca? Underground - 100 1. f. at $75/1 .f. = s 7,
e. Landscape and Irrigation (very mlnlmiil) - 11,000 sq. ft. at $0.75 per sq. ft. - 5 8, f. Fence (chain ldnk 8 ft.) - 500 7.f. at $9.90 per 7.f. = 5 4, g. Wiscellaneous Site Yo~k Includhg Banning, Patio, Tral’l is, stc. at 4 30,
- Office and Houslng (2Q’x 50‘ trailers delivered and setup) - s 50,
l2‘x 10’ roll-up door, 12‘ clleay calling and one 3‘x 7’ man door) - s $0,
Sd$tOtZ&l $159, Overhead 3rd prof3t (15%) 24 9 Contingency 10% - !6,
Approximate Estimated Cast of Cmstructfon $200,
c. Pavlng (heavy section 1 - 1,875 sq. ft. at $2.25 per sq. ft. - d, UtllWes
(assuming no stom drain and overhead slectrfcril j
- Garage (25’~ 50’ metal buildlng with spacs heattng, rnjnhnta’l windows
* Note: Figums are rounded off
EXHIBIT 3