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HomeMy WebLinkAbout1988-10-11; City Council; 9682; Fire Station Agreement La Costa Ranch Company0 w O cc e+ a. z O U a J_ Z a O v ,5 11,er Cl" OR CARLSBAD — AGENI : BILL --�-- AB # q ( 2- TITLE; PROPOSED 1988 f ' c STATION AGREEMENT i DEPT. MTG. 10-11-88 WITH THE LA COSTA RANCH COMPANY CITY ATTY�_ bEPT. GM ! ICI Y MGRa�,>_ RECOMiVIENDED ACTION: Adopt Resolution No. M 3 n authorizing the mayor to execute an agreement with the La Costa Ranch Company for the provision of a temporary fire station located in the southeastern portion of the City. ITEM EXPLANATION On November 10, 1987 the City Council approved the Local Facilities Management Plan for Zone 6. In doing so, the plan identified a fire facility shortfall. On February 23, 1988 the City Council adopted Local Facilities Management Plans for Zones 11 and 12 which both identified the same fire facility shortfall. The City Council as a result of these three plans and in compliance with the policies of the. Growth Management Plan approved a comprehensive facilities financing plan. Within the financing plan the City Council authorized the reprioritization of the existing Capital Improvement Budget by transferring funds from the General Capital Construction to the Public Facility Fee Account for the purposes of constructing Fire Station 6. Following the City Council's action, staff began to prepare plans for the construction of Fire Station No. 6 to be located on property currently owned by the City east of the existing Rancho Santa Fe Road. Because of the pending realignment of Rancho Santa Fe Road and the uncertainties of its e'ventual vertical and horizontal elevations, staff began to look at alternative locations for this fire station site. However, due to the nature of building a permanent fire station it was determined the most practical solution at this point was to construct a temporary fire station. This would address the City's current needs and would enable the City to build its permanent station at a more appropriate time. City staff has been working with the La Costa Ranch Company (BCED) in an effort to locate a site and arrange to build a temporary fire station. A location has been found and is shown on Exhibit No. 2 of the proposed agreement. Under the proposed agreement, the City would construct a temporary fire station and the La Costa Ranch Company (BCED) has agreed to reimburse the City for all costs incurred up to a maximum of $250,000. Attached as Exhibit 3 to the proposed agreement is a breakdown of the estimated cost to construct the temporary fire station. BCED will reimburse the City when the permanent fire station is constructed. This reimbursement will be in cash or through other services rendered during the construction of the permanent station. The temporary fire station will remain operational until such time as Rancho Santa Fe Road has been realigned and a new fire station can be constructed. 6 1) Page 2 of Agenda Bill No. 16aZ ENVIRONMENTAL REVIEW None. FISCAL IMPACT As a result of this action the City will be obligated to construct the temporary fire station and funds are currently available for this purpose. Although, the City will be spending funds for the temporary fire station site, the La Costa Ranch Company (BCED) will be reimbursing,the City for all costs incurred up to a maximum of $250,000. It is anticipated that the net fiscal impact of this action will be none. EXHIBITS 1) Resolution No.8a-3(L authorizing the Mayor to execute the 1988 Fire Station Agreement. 2) 1988 Fire Station Agreement. /j n 0 1i RESOLUTION NO 88- 366 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3j CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE A FIRE STATION AGREEMENT WITH THE LA 4 COSTA R7XCH COMPANY (BCED). 5 6; WHEREAS, on July 1, 1986, the City Council adopted 7' Ordinance No. 9810 est,-,blishing the Growth Management Program for 8 the City of Carlsbad; and 9 WHEREAS, on September 23, 1986 the City Council adopted 10 Resolution No. 8796 which established specific public facility 11 performance standards to be used in the implementation of this 12 program; and 13 WHEREAS, the Local Facilities Management Plans for Zones 14 6, 11, and 12 have been prepared and approved by the City Council; and '15 16 WHEREAS, each of these Local Facilities Management Plans 17 identified a shortfall in meeting a fire service performance standard; and 18 19 WHEREAS, the City of Carlsbad and the La Costa Ranch 20 Company (BCED) desire to enter into an agreement for the 21 construction of a temporary fire station; and 22 WHEREAS, a fire station agreement is necessary at this 23 time in order to accurately reflect the costs associated with 24 constructing a temporary fire station. 25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 26 City of Carlsbad, California that: 27 1) That the above citations are true and correct. 2$ 2) That the Mayor is authorized to execute on behalf of the City Council the Fire Station Agreement. l� PASSED, APPROVED, AND ADOPTED at a regular meeting of the 2 �� Carlsbad City Council held on thellrhday of October, 1988 by the 3 following vote, to wit: 4�AXES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 5 NOES: None 6" ABSENT: None 7} 8 9 10 ATTEST: 11 12 13 ALETHA L. RAUTENKRANZ, City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CC RESO NO. _2_ r ''N UD LEWIS, Mayor t Fp 1988 FIRE STATION AGREEMENT x` THIS 1988 FIRE AGREEMENT ("Agreement") is made this &f day ; of _ ®tt.�4.•J , 1988, between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City") and BCE DEVELOPMENT, INC. ("BCED"), who agree as follows: A. on July 1, 1986, the City Council duly adopted, as Ordinance 9810, a Growth Management Program for the City of > Carlsbad. The purpose of this Growth Management Program was to { insure that an adequate level of public facilities and services 4. would be provided prior to or concurrently with development. 40 B. On September 23, 1986, the City Council duly adopted, as F Resolution No. 8797, Citywide Facilities and Improvement Plan as the first phase of the Growth Management Program. At this time the City Council adopted Resolution No. 8796 which established the specific public facility performance standards to be used in the implementation of the Growth Management Program. The City's Growth Management Program requires that all eleven public facilities conform with the adopted performance standards or no development may be allowed to occur. L C. The Local Facilities Management Plans for Zones 6, 11 and 12 have been prepared, and have been adopted by the City Council, in accordance with the City's Growth Management Program. During the preparation of these facility plans, certain public facilities such as fire services were identified to be below the adopted performance standard set forth in Resolution No. 8796. D. on February 23, 1988, the City Council duly adopted Resolution No. 8851 approving the reprioritization of the existing E Capital Improvement Budget by transferring funds from the General Capital Construction Fund to the Public Facility Fee account for the purpose of constructing Fire Station 6. The Council took this ¢ action to rectify a facility shortfall for fire services identified during the preparation of the Local Facilities Management Plans for Zones 6, 11 and 12. _ E. Following the City Council's action described in paragraph D above, the City staff began to prepare its plans for the construction of Fire Station 6 on property currently owned by the City east of existing Rancho Santa Fe Road ("Permanent Fire Station No. 6" or "Permanent Site"). Because of the pending realignment of Rancho Santa Fe Road and the uncertainties of its eventual exasc vertical and horizontal elevations, which in turn affect the iiesign and construction of both Permanent Fire Station ;c ,t A POC 092688 t= r� No. 6 and the development of BCED lands adjacent to and siii''r'oitnding the Permanent Site, it has been determined that the construction of Permanent Fire Station No. 6, at its present location would not be a prudent decision for the City or BCED, and the City and BLED therefore desire to construct a temporary fire station located on property owned by BCED and shown on Exhibit #1 hereto ("Temporary Fire Station No. 611) and to designate a new, Permanent, Fire Station No.6 site, adjacent to the realigned Rancho Santa Fe Road as shown on Exhibit #2, subject to modification based on final road engineering. The City and BCED will exchange the new site and the City's existing site, so that the old site will revert to BCED and will by included in its future subdivision. F. The City has determined that Temporary Fire Station No. 6 will remedy the fire services performance standard deficiency identified in Zones 6, 11 and 12. G. BCED recognizes that with construction of a temporary fire station, additional costs will be incurred by the City over and above those currently in the City's approved budget for construction of Permanent Fire Station No. 6, for which B:.ED agrees to be responsible in the manner hereinafter set forth in this Agreement. H. The City recognizes that BCED wishes to process and receive approval of a parcel map which would create three separate legal lots from Lot 249 as shown on Exhibit # 1 attached hereto, and the City recognizes the desire of BCED to utilize in some fashion those areas of Lot 249 which are not impacted by this temoporary fire station. I. BCED recognizes the City's concern dealing with the available access to this site should a parcel map be approved and will use its best efforts to ensure that these safety concerns can be alleviated as the parcel map is processed. NOW THEREFORE, incorporating the recitals of facts set forth above and in consideration of the mutual covenants herein contained the party agrees as follows: 1. In satisfaction of the fire services performance standard deficiency identified in the Local Facilities Management Plan for Zones 6, 11 and 12, the City shall, at its cost and expense, but subject to reimbursement by BCED as herein agreed, construct Temporary Fire Station No. 6 on BCED property being a portion of Lot 249, La Costa Vale Unit No. 1 Map No. 7457, in the City of Carlsbad, generally located at southwest corner of La Costa Avenue and Rancho Santa Fe Road, and shown on Exhibit #1 attached hereto. Prior to commencement of construction, City and BCED shall jointly make application for a Conditional Use Permit. This agreement POC 092688 -2- shall be in full effect once it is executed by the Mayor and is contingent upon receiving approval of the Condit -'I U e_ Parnd.. 2. City and BCED agree that BCED shall be obligated to reimburse City for costs incurred for the construction of Temporary Fire Station No. 6 in the amount not to exceed $200,000 pursuant to the estimated costs for the scope of work listed on Exhibit #3 attached hereto. BCED additionally agrees to reimburse City for direct improvement and/or construction costs in excess of $200,000, where such additional direct costs exceed the estimated costs on Exhibit #3, but in no event shall BCED's reimbursement obligation exceed a total of $250,000. For purposes of this Agreement, "direct improvement and/or construction costs1° shall be defined as those items for labor and/or material only as evidenced by detailed invoices, and shall expressly not include costs of insurance, bonds, contractor's overhead or profit. This obligation shall be satisfied by BCED's performance of one or any combination of the following at BCED's discretion and as herein agreed: a. Payment by BLED, to City, of cash in an amount not to exceed $200,000 on demand of the City and within 30 days following the City Council's awarded bid for the construction of Permanent Fire Station No. 6. Any reimbursement by BCED over $200,000 and up to $250,000 shall be paid by BCED within thirty (30) days of written demand from City, which demand shall include copies of invoices for which reimbursement is requested. b. Site preparation for the Permanent Fire Station No.6 of an agreed value not to exceed $250,000 including any or all but not limited to the following: site preparation, grading, and utility construction to the lot line. BLED may elect this option for reimbursement only in the event City and BLED agreed on the work proposed and the agreed value thereof prior to the date the cash reimbursement would otherwise be due as set forth in paragraph 2(a) above. In addition to reimbursing the City for the construction of the Temporary Fire Station, BLED shall be required at no cost to the City to provide sufficient access to the Permanent Fire Station No. 6 acceptable to the City Engineer and Planning Director. The cost of said access shall not be included as part of the reimbursement for the construction of the Temporary Fire Station. 3. BCED's satisfaction of its obligations under this Agreement, which are the temporary fire station site cost reimbursement and new permanent fire station site exchange and provision for access to it, are acknowledged and agreed by City to be in full mitigation of fire services impacts which may arise from the development of BLED properties within Zones 6, 11 or 12. nothing herein shall relieve BLED of any obligation to pay applicable Public Facility Fees, Local Facilities Management Fees POC 092688 -3- and other fees in effect at the time of development in compliance with all City regulations. This Agreement is made based upon the assumptions and analyses of fire service facilities contained in the adopted Local Facilities Management Plans for Zone 6 dated November 10, 1987, and Zones 11 and 12 dated February 23, 1988 as of the date of this 1988 Fire Station Agreement. BCED and City agree that if the adopted assumptions and analyses should change due to facts and circumstances not known or reasonably foreseeable as of the date of this Agreement, then and only in that event fire services mitigation may be required of BLED properties in addition to those contemplated and set forth herein. 4. Prior to commencement of construction of the Temporary Fire Station No. 6,.BCED shall grant to the City an easement for construction and operation of that facility on the Temporary Site in a form mutually agreed by City and BLED. The term of this easement shall extend to one year after the Permanent Fire Station 6 site becomes available for the City to build on. The site will be deemed available once the appropriate deeds have been executed and accepted by the City Council and BCED. If the City fails to vacate the Temporary Site within one year of the Permanent site being available, on the first day of the second year ground rent shall be due and payable from City to BCED in an amount equal to 10% per annum of the appraised fair market value of the property of its highest and best use. Pent shall be payable in monthly installments. By way of example, if the appraised fair market value of the property is $240,000, annual rent would be $24,000 and monthly rent would be $2,000. City and BCED shall agree on an appraiser to establish the fair market value. However,, the City must vacate the Temporary Site within two years of the permanent site being deeded to the City and buildable. Upon termination of the easement, and promptly upon request of BCED, City shall execute, acknowledge and deliver to BCED such documents as are required to relinquish all rights of City in the BCED property contained within the easement. The City shall remove all temporary facilities and paving from BCED's property, capping off utilities in place. The site is to be cleared and returned to BCED within 60 days of the temporary fire station being vacated. 5. City and BCED have previously reached tentative agreement that the new Permanent Fire Station No. 6 site shall be within the cross -hatched area as depicted on Exhibit 42 attached hereto. City and BCED now agree that the exchange of deeds as well as dedication or grant of access rights to the new Permanent Site from BCED to City shall occur at a time which is consistent with construction 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, POC 092688 -4- shareholders, employees, agents, managers and consultants a,id ally and all other persons, firms or entities acting on behalf of BLED, from any and all claims, demands, expenses or costs associated with or arising from City's use of the property as contemplated by this Agreement. 7. This agreement shall bind and inure to the benefit of the parties, their respective assigns and successors. 8. In the event of any dispute between the parties relating to the terms of the subject matter of this Agreement, the parties agree that the prevailing party shall be entitled to reasonable attorneys' fees, together with all other costs and damages, as determined by the court regardless of whether said dispute is settled or prosecuted to judgment. 9. No change in or addition to this Agreement or any part hereof shall be valid unless in writing and signed by all parties hereto. i0. If any portion of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, void and unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 11. 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. INCEN F. BIONDO, City Attorney ATTEST: ALET� UTENK z, City Clerk CITY OF CARLSBA A Munic p C ore on the State//Cal' rn By .. CLAUDE A. EWIS, Mayor BCE DEVELOPMENT, INC. A Delaware Corporation, qualified to do business in California By �K/7 -7" H.`Gordon MacKenzie 9/29/88 (Typed Signature) POC 092688 -5- -3BMT BY:A 8-31-$8 11:27PM 24069-r 6199311946;## 8 ' " �Xt1ltSll NU. r� EXHIBIT 1 SENT BY:A 9-29-E8 4:469M ; EXISTING FIRE STATION! SITE N% 24r7ti9-� bl z+mps11d4G; :t EXHIBIT 2 '�~-- PROPOSED FIRE STATION SITE EXISTING TRAVELED ROUTE RANCHO SANTA 7E RD. i AV r r NEW ALIGNMENT OF RANCHO SANTA FE RD. EXHIBIT 2 City of CArHshid =EidT ai'-P J-31-68 11:27?M 61993119-16; tt 10 EXHIBIT NO. 3 ESTIMATED COST OF CONSTRUCTION FOR TEMPORARY FIRE STATION NO. 6 - Site work (assuming no off -site work) a. b. Grading 32 000 sq. ft. at $0.13 per sq. ft. - Paving (light section - 3,100 sq. ft. at $1.75 per sq, ft. - $ $ 41200 5,400 c. Paving (heavy section) - 1,875 sq. ft. at $2.25 per sq. ft. ■ S 4,200 d. Utilities 1. Gas line - 100 l,f, at $15 per l.f. _ $ S 1,500 2,000 2. Waiter - 100 l.f. at $20 per 1.f.= 3. Waste (C.I.) - 100 l,f, at $20 per 1.f. - $ 2,000 (assuming no storm drain and overhead electrical,) Electrical Underground - 100 l.f. at $75/1-f. S 7,500 4. e. Landscape and Irrigation (very mini,,,_I) - 11,000 sq. ft. S g,300 K f. at $0.75 per sq. ft. Fence:(in link ll'rellis, $ 49800 g. Miscellaneous SiteBWork)IncludingfBerming,SPatio,er S 30,000 etc. at - Office and Housing (20'x Sol trailers delivered and setup) - S 50,000 - Garage (25'x 50' metal building with space heating minimal windows 12, clear ceiling and one 3 x 71 man door) - S 40,000 12 x 10 roll -up door, t Subtotal $159,900 overhead and profit (15%) 24,000 Contingency 10% - Approximate Estimated Cast of Construction $200,000 * Note: Figures are rounded off EXHIBIT 3