Loading...
HomeMy WebLinkAbout1986-08-19; City Council; 8739; Batiquitos Lagoon Educational Park Master Plan Agreement. . . CIT-OF CARLSBAD - AGEND,-BILL AB# g739 TITLE: BATIQUITOS LAGOON EDUCATIONAL e DEPT. HD.- MT& 8/W= PARK MASTER PLAN PARKS AGREEMENT CITY Am%& DEPT. CA /u-/y5 CITY MGR.i%% RECOMMENDED ACTION: If the City Council concurs and wishes to approve the Batiquitos Lagoon Educational Park Master Plan Parks Agreement your action is to adopt Resolution No. 8764 l ITEM EXPLANATION The City Council, in approving the tentative maps for Phases I, II and III for the Batiquitos Lagoon Educational Park have conditioned the projects on satisfaction of the master plan zoning requirement that the developer dedicate sufficient park land to bring the quadrant within which the property is located up to the City's minimum standards. The conditions further require that the developer will dedicate this land pursuant to a parks agreement entered into between the City and the developer which must be executed prior to final map approval. Attached is an agreement which we believe carries forward the Council's intentions in that regard. It has been signed by the developer. Under the agreement, Mr. Sammis will dedicate ten acres of usable park land to the City at a location to be determined by the City Council. This dedication will satisfy the project's obligation of 3.95 acres. The developer has deposited fees for the final map of Phase I. The dedication must occur prior to the final map of Phases II or III or the occupancy of any buildings in the master plan whichever occurs first. Upon dedication, the park fees deposited in connection with the Phase I map will be refunded. The City will collect park-in-lieu fees for 6.05 acres of land in the quadrant from other developers and pass those fees on to Mr. Sammis in reimbursement for the dedication. This is a land based arrangement. If the land costs less than the fee equivalent the developer will profit. If the land costs more than the fees there will be no reimbursement and that will be an expense to be borne by the developer as a condition of the master plan zoning. If necessary the City will condemn the property at the developer's expense. The agreement preserves the option that the City Council may choose to require Sammis to improve City park land instead of the dedication as necessary to give the City a completed park facility at a cost of not less than $344,530. . EXHIBITS . . p Agreement Resolution No. 67(oL/ Y t BATIQUITOS LAGOON EDUCATIONAL PARK MALSI'ER PLAN PARKS AGREEMENT This parks agreement is made this J!s day of , 1986 between the CITY OF CARLSBAD, ("City") a i/ municipal corporation of the State of California, and SAMMIS PROPERTIES, (I)Sammis") a California Corporation who agree as follows: RECITALS A. On October 1, 1985 the City Council adopted Ordinance No. 9778 adopting a master plan for the Batiquitos Lagoon Educational Park (MP-175) (BLEP). Section VI1.B 4.b) of that master plan reads as follows: "Park requirements for each planning area, as may be applicable, shall be established in accordance with City Council Ordinance No. 9365 adopted October 18, 1973 and subsequent amendments. [Chapter 20.44 of the Carlsbad Municipal Code]. In lieu of fees, the City may require developer to dedicate land off-site for park purposes. Prior to occupancy of any phase of the development within the master plan, the applicant and the City shall enter into a parks agreement so that land for park purposes can be dedicated up front to bring the City up to standard for community parks in this district based upon current population levels. "This will be available as a credit against the property's Quimby Act park dedication requirements, and in addition, any excess of dedicated land over the applicant's required amount will be eligible for reimbursement by future developers within this district.*' This agreement is intended to implement the provisions of that section of the master plan. B. Sammis has requested that City approve a final map for Carlsbad Tract 85-14 for phase I of the BLEP. -l- The tentative map for Carlsbad Tract 85-14 contained a condition which read: "The City Council may require the developer to dedicate land off-site for park purposes. If the City Council so determines prior to occupancy of any of the units in this project the applicant and the City shall enter into a parks agreement as required by the master plan." The Carlsbad City Council on July 8, 1986 approved a final map for Carlsbad Tract 85-14 subject to the condition that before recording of the map Sammis and City shall enter into an agreement for dedication of the park land. C. The park dedication required in this agreement will satisfy the requirements of Chapter 20.44 of the Carlsbad Municipal Code for subdivisions within the BLEP, and implements the provisions of Section 20.44.110 of the Carlsbad Municipal Code which provides an alternative procedure for satisfaction of parks obligations within planned communities through the overall community planning process rather than on a subdivision by subdivision basis. City and Sammis recognize the development of the BLEP will take place over a period of years and intend to arrange for the dedication of park land in advance of actual need in order to insure that the park area of the City in which the BLEP is located will have sufficient park land as required by City standards before the actual need for the land accrues. In addition, Sammis has volunteered, and is obligated as a condition of the master plan, to dedicate 10 acres of usable park land to the City in order to cure the park land deficiency which exists in the southwest quadrant of the City. -2- ; In order to cure the deficiency in the southwest quadrant of 8.3 acres, Sammis will dedicate to the City approximately 10 acres of usable park land before any buildings within the BLEP may be occupied. Sammis will be reimbursed for the land dedicated in excess of the park obligation for the BLEP. For the purpose of this agreement it is agreed that the park obligation for the BLEP is 3.95 'acres of park land. D. In lieu of the obligation to dedicate park land under this agreement Sammis may propose and the City Council may authorize Sammis to improve park land that the City owns to the satisfaction of the City Council. The cost of such improvements shall not be less than the amount of fees Sammis would otherwise be required to pay in lieu of the 3.95 acre park land dedication requirement for the BLEP. NOW, THEREFORE, .in consideration of the mutual covenants contained herein an incorporating the recitals set forth above the parties agree as follows: 1. In satisfaction of its master plan obligation to dedicate park land Sammis agrees to acquire and dedicate to the City of Carlsbad approximately 10 acres of land suitable and usable for park and recreational purposes within City of Carlsbad park district 3 (southwest quadrant). The location of and the suitability for park purposes land shall be approved by the City Council pursuant to paragraph 5 prior to the dedication to the city. The dedication shall occur prior to the filing of a final map for Phases II or III of the master plan or the occupancy of any buildings within the BLEP, whichever occurs first. The -3- Y - dedication shall be free and clear of all liens and encumbrances. 2. Park Dedication Credits. (a) The parties agree that the park land dedication requirements for the development of BLEP is not less than 3.95 acres as determined at the time of execution of this agreement. If the requirement for park land dedication increases within the BLEP by either an increase in the acreage per population or an increase in the calculated number of people who will be residing within the master plan area as determined by Chapter 20.44 of the Carlsbad Municipal Code then the park dedication requirement for Sammis shall increase. If changes occur to Chapter 20.44 which would decrease the park land dedication requirements the parties agree that there shall not be a 'reduction in the master plan park requirement below the 3.95 acre level. (b) Upon dedication of the park land specified in paragraph 1 the amount of the land dedicated shall constitute a credit in favor of Sammis to be held on account by the City to be drawn upon in satisfaction of the park dedication obligations of subdivisions within the BLEP. (c) As a condition of receiving the final map for Carlsbad Tract 85-14 Sammis has entered into an agreement to pay park in lieu fees as required by Carlsbad Municipal Code Chapter 20.44. If, at the time of obtaining the building permits for the residential portion of Carlsbad Tract 85-14, the land which is the subject of this agreement has not yet been dedicated Sammis shall pay the park in lieu fees to the City as required by -4- that agreement. Upon making the dedication improvements satisfying the alternative under paragraph 4, those fees shall be refunded to Sammis without interest. 3. Reimbursement. Sammis shall be reimbursed from park-in-lieu fees collected in the southwest quadrant of the City for the amount of land dedicated which is in excess of the park land dedication requirement for the BLEP as determined pursuant to this agreement and the appropriate provisions of the Carlsbad Municipal Code, eg., 10 acres (dedicated) minus 3.95 acres (obligation) equals 6.05 acres (reimbursable acreage). Reimbursement shall be paid from park-in-lieu fees collected as follows: The City shall collect from subdividers within the southwest quadrant (except for subdividers within BLEP) fees in lieu of park land dedication pursuant to the provisions of Chapter 20.44 of the Carlsbad Municipal Code in effect at the time the fees are collected. The fees collected shall then be paid over to Sammis less a three percent administrative charge which shall be retained by the City to cover the cost of administering this agreement. The amount of the remaining land for which Sammis receives reimbursement shall be reduced in an amount equal to the amount of land which would otherwise have been required to be dedicated for the subdivision paying the fees. The reimbursement shall continue until the balance of the land for which reimbursement is owed is zero acres. If after 15 years, Sammis has not been reimbursed out of park-in-lieu fees collected from the southwest quadrant of the City, the City shall -5- then reimburse Sammis from park-in-lieu fees collected in the remainder of the City. 4. Improvement Alternative. In the discretion of the City Council, the City may, in lieu of the dedication of the park land required by Section 1 of this agreement, require Sammis to improve park land owned by the City as determined by the Parks and Recreation Director and the City Council, and deliver to the City a completed park facility. The cost of such improvements shall not be less than $344,530. 5. Access. The park site dedicated under this agreement, as a condition of acceptance by City Council, shall have reasonable access to a dedicated street or other access acceptable to the City and shall have reasonable access to sewer and other necessary public utilities and otherwise shall meet City's reasonable criteria for parks as set forth in City's general plan. The City Council shall determine the adequacy of the access and the geological and geographical suitability of the site for development of active recreational facilities before the' land is dedicated to the City. Sammis shall provide any information, studies, surveys or other data necessary to establish the suitability of the site for park purposes. 6. Nature of the Master Plan. City and Sammis acknowledge that the BLEP is part of the City's dynamic changing land use planning process and that the City may change the master plan pursuant to the provisions of the Carlsbad Municipal Code at any time. It is acknowledged by the parties that in the course -6- of the development of the property the park dedication requirement for the Batiquitos Lagoon Educational Park master plan may change. In the event that the parks requirement for the master plan changes it is agreed that the parks obligation for the purposes of this agreement shall not be less than 3.95 acres. 7. Acquisition by Condemnation. If Sammis is unable to acquire the land necessary to fulfil1 its obligations under this agreement City agrees to use its power of eminent domain to acquire the necessary property interest. Sammis shall notify the City of the inability to acquire the land not less than 100 days prior to the time occupancy of the buildings or the final map for Phases II and III of the master plan will be requested. Sammis agrees to bear all expenses, costs, fees and charges including land costs, attorneys, engineers, appraisers, or other professional service fees, and court costs: incurred or charged in connection with the acquisition of the property interests in the preparation and prosecution of the eminent domain proceeding. The City shall assume no responsibility for said amounts. There shall be no charge for City staff time associated with such acquisition. No occupancy shall be granted until the acquisition is completed. 8. Successors and Assigns. This agreement shall bind and inure to the benefit of the parties, their respective assigns and successors, and the successors owners' of the property. 9. Attorneys Fees. In the event of any dispute between the parties relating to the terms of the subject matter of this -7- ,. . agreement, the parties agree that the prevailing party shall be entitled to reasonable attorneys fees together with all costs and damages as determined by the court regardless of whether the dispute is settled or prosecuted to judgment. 10. Amendments. No change in or addition to this agreement or any part hereof shall be valid unless it is in writing and signed by all the parties hereto. 11. Severability. If any portion of this agreement is held by a court or arbitrator or competent jurisdiction to be invalid, void or unenforceable the remainder of the portions hereof shall remain in full force and effect and shall no way be effected impaired or invalidated. 12. Entire Agreement. This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, preliminary agreements or understandings written or oral. IN WITNESS WHEREOF, the parties hereto have executed ' this agreement on the day and year first above written. CITY OF CARLSBAD a Municipal Corporation of the State of California ATTEST: ALETHA L. APPROVED AS TO FORM City Attorney ‘J SAMMIS PROPERTIES A California (-'~-~i~~~/~~~~ I by: (Corporatton) before me, the undersigned, a Notary Public in and for said . personally known to me (or proved to me Z w on the basis pf satisfactory ev pzm Prestdent. and- -of the corporation that executed the within Instrument. a ’ known to me to be the persons who executed the wtthin k y Instrument on behalf of the corporatton therein named. and ep” t acknowledged to me that such corporation executed the within 3 c mstrument pursuant to its by-laws or a resolution of its board = I0 ofdirectors. .% , c 2 C‘ z .Y E ! Name (Typed or Printed) OFC-2058 -9- ! . . . 1 2 3 '4 5 6 7 8 9 10 11 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE SAMMIS PROPERTIES AND THE CITY OF CARLSBAD FOR THE BATI@UITOS LAGOON EDUCATIONAL PARK MASTER PLAN PARKS AGREEMENT The City Council of the City of Carlsbad, California hereby resolves as follows: 1. That the Mayor is authorized to execute the agreement between the City of Carlsbad and Sammis Propert'ies for the Batiquitos Lagoon Educational Park Master Plan Parks Agreement a copy of which is attached hereto and is incorporated by this reference. PASSED, APPROVED AND ADOPTED at a regular meeting of th City Council of the City of Carlsbad, California, held on the 19th day of August # 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin and Pettine NOES: None ABSENT: Council Member Chick ATTEST: MARY H. P ALETHA L.