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HomeMy WebLinkAbout1975-12-02; City Council; 3531; Development of Auto Center Park District 4CITY OF CARLSBAD AGENDA HILL NO.y54 JL ____ Initial: �. Dept -Rd. DAT,: December 2, 1975 C. Atty.�� DEPARTMENT: Park and Recreation C. Mgr. subject: DEVELOPMENT OF AUTO CENTER PARK - DISTRICT 4 Statement of. the Matter In a Memorandum of Understanding between the City of Carlsbad and the Tr.i-City Auto Dealers' as part of a Lease, Leaseback Agreement dated November 21, 1972, it was agreed that at some future date the City would develop the designated park area. The timing would be at the City's discretion. At the present time $37,531.00 is available in District 4, Park -in -Lieu Funds. The projected cost estimate for the park development would not exceed $10,000.00, As this is a non -budgeted item Council approval is necessary. Exhibit Site Location Cost Estimate of Project Development Procedures Work Schedule Resolution No. X2 % y Memorandum of Understanding Recommendation If Council approves the plans for the project, the action would be to approve the appropriation and authorize the expenditure of $10,000.00 for development of the Auto Center Park by the adoption of Resolution No., �, - Council action 12-2-75 The design for development of the A•utL '-enter Park was approved. 10 i i SEE MAP v +a, Pe + MA ARI \O .. %% Oyu �.... ....... ...-y RO 9 9 A11191T� �9� ♦ c Ito _ 7A LI/AL. ` __ CF•P \ OQ� . y •: 1 t'f` .... _ 1 � � II � ' B � PO � .o •mho' RD "l a :i L g 1` pALOM.AR AIRPORT P �\ I \ ♦ AIRPORT 1 a ill 'o WjOp iY 4 (� Y ' ♦\ 1 I 1 9 1 LA LVYAr SAN1LVIS I \ 4Gtiuie�nrvA .u.n ure � 1 i yi `\_� � T PROJECT 0 CAR COUNTRY COST ESTIMATE CONSTRUCTED BY FACILITIES AMOUNT S 3 Corcrcte Round Picnic Tables @ $200 600 S 1 Drinking Fountain @ $100 1.00 S 1 Trash Container @ $75 75 SUB -TOTAL 1075 LANDSCAPING S/C Lighting 600 C Block Walls 800 C Concrete Walk, Patio & Mowing Edge 2,000 S Trees and Shrubs 1,000 S Amendments 800 S Irrigation System 1,000 SUB -TOTAL 7,200 GRAND TOTAL 8,275 S = Staff C = Contract P-W = Public. -Works N A, PROJECT NUMBER 0 PARKS A14D RECREATION DEPARTMENT DEVELOPMENT PROCEDURES CAR. COUNTRY AUTO PARK PRE -SITE PREPARATION 1. Remove all vegatation from the area. 2. Apply a 7-14 day week sterilant. 3. Rip and cross rip area with tractor. 4. Float with tractor and level out. SOIL PREPARATION 1. Apply Gypsum @ 100 lbs./1000 sq. ft. 2. Apply redwood shaving @ 3 yds./1000 sq. ft. 3. Rip in all amendments (can be combined with number 3 above). 4. Bring topsoil in for mounds, level out. 5. Shoot grades and prepare for concrete. FLAT WORK AND WALLS 1. Establish grades and drainage patterns. 2. Set forms and grade. 3. Install tracer lines for irrigation system. 4. Pour and finish concrete (include concrete mowing edge). 5. Pour footing for 1.8" block wall, and mowing edge. 6. Build walls and cap. IRRIGATION 1. Make hook-up connection and run main to controller. Set up drinking fountain. 2. Trench in lines and backfill. 3. Blow out lines and check coverage. 4. Make any alteration to system. GRADING 1. Rough grade all mounds and lawn areas. 2. Stake out trees and 'large shrubs. 3. Run irrigation system, check for low spots. PLANTING 1. Plant all large specimens first then small trees and shrubs. 2. Fine grade shrub area. 3. Plant ground cover. 4. Apply 16-20-0 fertilizer and rake into lawn area., 5. Fine grade lawn area. 6. Seed lawn area. 7. Top dress area 1/4" thick and start irrigation cycle 4 times a day for 3-4 minutes per valve. 8. -tart pre-emergant weed control after 2nd mowing to shrub areas. 9. After 3rd mowing, fertilize with 6-2-0 or a liaht (N) organic fertilizer. ^..--'.-•�'�n—'.._�::se•�... ...-..... ,...--g-.-..��....,._.:s�.t�rz�,T-w-�.�e.;..�__r-':;x.�-�.:,�-w.�---..... -�«yet:-•-•.-•,:..-.,.-r''--�.-.r-r-,.ate...., c `.:3'.'... ar MEMORANDUM OF UIMERSTANDING This Memorandum is created to provide a reference document and guide for administration and accounting of a lease, leaseback agreement dated November 21, 1972, between the CITY OF CARLSBAD and an unincorporated association known as the TRI-•Clly AUTO DEALERS' ASSOCIATION. 1. A fair market rental for the premises covered in the agreement is based to some extent on the capital investment in the improvements on the leased premises and a return on that investment. To aid the parties in ascertaining expenditures which. will comprise the capital directly allocable to improving the leased premises, it is agreed such capital shall be composed of expenditures for the following: Road and all improvements thereto Curbs Gutters Sidewalks Drains Within the right of way Street lights Other construction items as indicated by the City Engineer and Association engineer representative, and as approved by the City Engineer. Fees - engineer, legal, loan N Soils engineering Grading The parties have agreed that $43,250.is a fair- . market annual rental based on existing estimates of the capital - investment and depreciation of the improvements. When the improve ments to the leased premises are completed, the capital investment' factor N.•rill be accurately ascertained_ At that time if the LAW OFPIOSs OF FEI Srn WETTER Y?1AUF ANO LOY POST OPTICS BOX 2.10 OIO M13SION AVE4Uk SUITS 300 OCCAN lIOC. CALIFORNIA - l - •,Y rental figure appears to be out of line, the parties N•7ill deter- mine a new annual rent which will be a fair market rental. To this end, all expenditures for work and material involved in construction will be submitted to the CITY for its determination that proposed expenditures for these items are reasonable. Any disagreement on the reasonableness or the inclusion of any work or material in the capital expenditures account shall be resolved by attorneys for the respective parties. It is the intent of the parties to determine and set a rental which will give a return on the capital outlay so that the ASSOCIATION does not incur a loss and does not receive a profit over the return of its expen- ditures. 3. In the -basic lease agreement, the CITY has received an option to buy the improvements located on the leased premises. the option price is to be the amount determined as capital expendi- ture under the above paragraphs, increased by any current interest s due on the ca;•_ital outlay. As a guideline for establishing the option price, the ASSOCIATION will maintain an amortization of cost accounting against which -rental payments will be applied. The balance of that account will be used to establish the option price,'or the lower limit of the option price. a) In this connection, any prepaid rent shall be credited against the cost account. 4. The agreement refers to enterprises that are equiva- lent in sales tax revenue to four dealerships. To establish a basis =or determining this, the revenue raised by six dealerships in Oceanside in 1970 will be used. The six dealers who comprise the ASSOCIATION generated through their dealerships in Oceanside in 1970 sales tax revenue of $192,000.00. Two-thirds of the LAW Oprtcas OF FEIST, VETfER KNAUF AND LOY POS'P OFFICE PDX 200 510 NI393ON AVENUE DU 17E 300 OCEANBIDE. CAL)FORNIA 2 { $192,000.00, or $123,000.00, is established as equivalent sales tax producing enterprises. 5. The CITY intends to prepay rent by utilizing sales tax revenue generated by the Auto Center, Sales tax revenue will be an indication of the use of the leased premises by the public and the value of the rental. Both parties are aware that there is no binding requirement that the CITY commit such sales tax revenue to rent if such action would violate Article XIII, §40, of the Constitution. b. Both parties understand that coastal protection legislation may present an obstacle to construction of both the leasehold improvements and the individual dealerships. If the development is halted to the extent that the purposes -6f the basic Agreement are frustrated, the parties will renegotiate the terms as necessary in good faith to reach a new agreement. 7. In regard to the construction of improvements, it f is recognized that change orders to contracts once approved may be necessary to take care of conditions not anticipated when the contracts were let. Since a change order will necessarily affect the capital outlay, both parties must agree to the change order, if time permits. If a change order will result in a significant modi- fication of the capital outlay, the basic Agreement will be adjusted to reflect the change. It is contemplated that the change will probably be reflected in a change of the term of the leaseback. 8. In establishing the option purchase price of the improvements (road and appurtenances) the price shall be ascer- tained in part by reference to replacement cost. To provide a guide for replacement cost, the'ASSOCIATION will maintain a•cost expenditure record via a controlled construction disbursement fund. All expenditure items will be approved by both part:Les. LAW OPFICES OF M FEIS . V5 TER KNAUF AND LOY 3 POST OFFICE 00% 240 010 MISSION AVENUE Alum oo0 OCEANSIDE. CALIFORNIA The costs of construction plus Tither costs directly attributable to the improvements such as professional fees, permits, soils testing, funding and similar items shall comprise the capital out- lay which will be a factor in determining the option price. The objective is to insure that the price is such that the ASSOCIATION is not out-of-pocket and likewise does not experience a gain over its costs. 9. Landscaping of park and landscape easement area. a) At some time in the future, the CITY will land- scape the one -acre park area in keeping with the overall land- scape architectural plan of the Center. The timing of such inz- provements is within the discretion of the CITY. 10. It is understood that the sidewalks may -have •to encroach into the ten foot landscape easement area because of street design. 11. It is understood that street lights will be placed over the entire Plaza del Norte road from Cannon to Palomar Air- port Road, but that the number and location over the stretch of road on the Ecke -,Caritas portion will be set by the City Engineer. 12. The CITY will enter into an agreement on a drainage districtt whereby other landowners using the drainage system through the Center will reimburse the ASSOCIATION part of the construction cost for the drainage system. 13. The cost of electrical lines for street lights is to be part of the capital outlay of the ASSOCIATION. 14. it is understood that private utility installation costs will not be part of the capital outlay for purposes of fair LAW OFFICES of FEIST. VETTER KNAUF ANo LOY POST OFFICE UOX 240 e10 MISSION AVEY IF SUITE 300 OCCANSIOE, CALIFORNIA market rental value or option price determi.nation. APPROVED AS TO FORM: CITY OF CARLSBAD Vfncent F . IBiondo Jr By City Attorney FEIST,.:V-.P-ZTER, KNAUF AND LOY T 0 DEALERS' ASSOCIATION By By LAW OPFIcCS of FFIST, YETTER - KNALIF AND LOY 5 POST WFICC BOX 240 010 MISSION AYCNUC SUIT C 300 - OCCAN3IDC, CALIFORNIA 1s ■•• it 13