HomeMy WebLinkAbout1998-11-16; Parks & Recreation Commission; 1198-4; Alga Norte Parksite ReconfirmationPARKS & RECREATION COMMISSION -AGENDA BILL 0 INFO AB# 11984 TITLE:
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STAFF: BEVERLY I I I
‘1 MTG. DATE: 11-16-98
DEPT. PARK 1 DIV. PLAN.
RECOMMENDED ACTION :
ALGA NORTE PARKSITE
RECONFIRMATION El
Reconfirm the Parks and Recreation Commissions preference to acquire the entire 32.9 acre
Alga Norte parksite as referenced in the Parks and Recreation Element and 1996 Alga Norte
Parks Agreement .
ITEM EXPLANATION :
In relation to the Villages of LaCosta Master Plan, planning efforts with respect to the future Alga
Norte parksite are in preliminary stages.
Staff has had initial discussions with the Planning Department and representatives of Morrow
Development Inc. concerning the size of the future parksite. For many years it has been
anticipated that the size of the Alga Norte parksite would be approximately 35 acres. More
recently the size expectation was reduced to 32.9 acres due to environmental constraints
identified with the parksite location.
Realizing that the City would have to purchase a portion of the 32.9 acre site, the 1996 Parks
Agreement provided for an Irrevocable Offer to Dedicate (IOD) up to 32.9 acres of land for the
parksite. The purchase price of any property acquired by the City beyond the dedication
requirements (or established park credits) was set at $1 75,000 per acre. Depending upon a
number of factors the total purchase price could range from 2.5 - 3.5 million dollars.
In the Department’s future park planning efforts to meet our ballfield and facility goals and
guidelines, we have anticipated the need to acquire the entire 32.9 acres for many years.
Recently, Morrow Development Inc. has approached City staff with a proposal to incorporate a
Carlsbad Unified School District school facility within the 32.9 acre location for which the City
retains an IOD for the future parksite. Although Morrow Development requested the City to
consider this proposal, staff indicated that the City would pursue park development on the entire
32.9 acre site and purchase whatever additional acreage was required to conform to the 1996
Parks Agreement.
It is staffs understanding that Morrow Development Inc. is continuing to process plans which
indicate an alternative to incorporate a school site within the 32.9 acre location.
The purpose of this Agenda Item is to request the Commission consider this issue and reconfirm
their position that the City acquire the entire 32.9 acre site for use as the future Alga Norte c. I Community Park.
. AB# 11984
9 Page2 rc
EXHIBITS:
1. Memo to Morrow Development - August 4, 1998.
2. Memo to Recreation and Park Planning Manger - August 31, 1998
3. Memo to Senior Planner - September I I I 1998
4. Memo to Assistant City Manager - September 24, 1998
5. 1996 Parks Agreement - Alga Node Park
6. Parks and Recreation Element - “Future Recreational Development”
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City of Carlsbad
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August 4, 1998
Fred Arbuckle
Morrow Development
Carlsbad, CA 920 1 8-9000
P.O. BOX 9000-685
SUBJECT: MP 98-01 - ALGA NORTE PARK IN THE VILLAGES OF LA COSTA
MASTER PLAN
Dear Fred:
On July 29, 1998 a meeting was held between Planning Department and Parks and Recreation
Department staff for the purpose of determining the required acreage for the future Alga Norte
Park site. The Parks Department would like to reserve in the proposed master plan exclusively
for park use the entire 32.9 acres identified in the 1996 Parks Agreement and the existing
easement dedication. As a result of this decision the master plan should be revised to be
consistent with the Parks Department’s determination. The 32.9 acre area is a minimum net area
that should not include right-of-way for the proposed extension of Alicante Road.
As a result of complying with the 1996 Parks Agreement, a new site must be identified for the
Carlsbad Unified School District Elementary School site that was proposed north of the 25.8 acre
park site. That school site was only 6.8 gross acres in area which is much smaller than the
minimuin acreage identified in the past by the school district for an elementary school site.
Pursuant to the provisions found on page 22 of the General Plan Land Use Element, I will be
contacting the school district’s facilities planner to arrange a meeting. The purpose of the
meeting is to determine if the district will require a school site within Local Facilities
Management Zone 10 and if so the desired size and location. Pending issues such as these need
to be resolved prior to an Initial Study being prepared to scope the environmental issues
requiring analysis in an Environmental Impact Report for the project.
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I will update you in regard to any requests made by the Carlsbad Unified School District
concerning a school site in Local Facilities Management Zone 10.
Sincerely,
t-l
DON NEU
S c 11 i or P lanner
P C: Adrienne Landers
/Mark Steyaert
Jack Henthorn, Jack Henthorn &r. Associates
EXHIBIT 1
2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1 161 - FAX (760) 438-0894 0
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August 3 1,1998
TO: RECREATION & PARK PLANNING MANAGER
FROM: Senior PlannerNeu
ALGA NORTE PARK SITE
Processing of the Villages of La Costa Master Plan is proceeding. The La Costa Greens Village
Development Plan portion of the Master Plan includes the area of the future Alga Norte Park site.
Based on decisions made at our July 29, 1998 meeting I have instructed Fred Arbuckle the
project applicant that the City wishes to maintain the ability to develop park uses on the entire
32.9 acres identified in the 1996 Parks Agreement. The result of this decision for the La Costa
Greens Village is the displacement of the proposed Carlsbad Unified School District elementary
school site. In response to my correspondence Fred Arbuckle has sent the attached letter
concerning the Villages of La Costa project's park demand, projected future park fee revenue
from the southeast quadrant, and other related issues.
Please review the attached letter. For planning purposes it needs to be confirmed that the City
will purchase the additional acreage over and above what is required by the proposed project.
The project applicant is also requesting that the city identify the potential revenue source and
timing for payment of the acquisition costs in excess of the required dedication, less the existing
credits. Otherwise the proposed master plan will contain two potential school sites. One will be
on a portion of the Alga Norte Park site in case the city does not acquire the entire site. An
alternative school site would also need to be identified in the master plan.
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I appreciate your attention to this matter as it has a major impact on the land use plan for the La
Costa Greens Village of the Villages of La Costa Master Plan. Your written response will
provide direction for the Planning Department and the project applicant as we proceed in
working through the project issues. Should you have any questions regarding this request please
contact me at extension 4446.
DON NEU
Attachment
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c: henior Management AnalystA3everly
Park Development Coordinator
Principal -Planner/Landers
Associate Engineer/Wickham
rp 1"l
c. L EXHIBIT 2
LA COSTA+<VALLEY
4
August 11, 1998
Don Neu
Senior Planner
City of Carlsbad
2075 La Palmas Dr.
Carlsbad, CA 92009- 1576
Dear Don:
I am in receipt of two of your letters regarding the siting of a Carlsbad School Site within
our La Costa Greens property. These letters indicate that the Parks Department has
elected to take all of the area (32.9 acres) reserved under the terms of the 1996 Parks
Agreement. Please understand that we acknowledge the 1996 Parks Agreement and do
not wish to modi@ its terms. However, there are several important issues which must be
resolved and facts which should be discussed before we all agree that the entire reserved
area will ultimately include only a park.
1. The reserved area of 32.9 acres exceeds the park needs of the Southeast
Quadrant by 14.29 acres. I have attached a table which indicates that the total park
needs for the quadrant at buildout is 123.85 acres and the supply is 105.24 acres prior to
the development of Alga Norte Park, leaving a net need of 18.61 acres. The inclusion of
the entire 32.9 acres of Alga Norte Park results in a total of 138.14 acres or a supply
14.29 acres in excess of demand.
2. The reserved area of 32.9 acres exceeds the park requirements of the Villages of
La Costa's future demand by 24.19 acres. Based upon our current Master Plan
submittal, our development will generate a need for 15.54 acres. The 1996 Parks
Agreement memorializes the fact that after the development of La Costa Valley we will
have 6.83 1 acres of Parkland credits remaining. Subtracting this credit amount from our
15.54 acres of need, leaves 8.709 acres of unmet park requirements. Therefore, we will
be required to dedicate 8.709 acres of Alga Norte Park to meet our park requirements and
the City will be required to purchase the remaining 24.19 acres of park.
3. There are not sufficient revenues from future developments to offset the cost of
acquiring the 24.19 acres of park. We show that a total of 1262 new homes will be
built in the quadrant, other than those within the Villages of La Costa. This will generate
a need of 9.901 acres of park or 14.29 acres less than the 24.19 acres the city will have to
acquire. If we assume that all 1262 homes pay the maximum park fee of $1575 per single
family home, it will generate only $1,987,650. In accordance with the 1996 Parks
Agreement, the City must pay for $175,000 per acre for any land used for the park in
excess of our required dedication, less the existing credits. This amounts to a total of
payment of $4,233.250 for the 24.19 acres. This amount exceeds the future fees by
$2.245,600. We need to understand the source and timing for payment of these
additional funds.’
4. Joint Use versus Adjoining Uses. If we were to allocate a full 10 acres of the 32.9
acres to the school, we will still have 22.9 acres available for the park. This results in a
net of 4.09 acres in excess of quadrant demand (see No. 1 above; 18.61 acres of met
quadrant demand prior to Alga Norte Park). Therefore, we are able to meet quadrant
demand while having both facilities in place adjacent to one another. We are not
requesting parkland credit for the school facilities against our park requirements. We do
believe, however, that both the school and park uses could take advantage of common
parking and play field areas. This will allow increased efficiency of the remaining areas
which may already exceed spatial requirements.
5. Delay of Processing. We do not believe that this issue should cause any delay in the
processing of the Master Plan application. Section 4.8 of the 1996 Parks Agreement
states that RECM’s future planning “shall provide for alternative development”. I believe
we can agree on an alternate site within Carlsbad School District, annotate the Master
Plan accordingly, and proceed with the EIR as we resolve this issue.
Thank you for your consideration in this matter.
Fred M. Arbuckle
President, Morrow Development, Inc.
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September I I, 1998
TO: SENIOR PLANNER - NEU
FROM: Recreation & Park Planning Manager
ALGA NORTE PARK SITE
In response to your memorandum requesting information regarding the Alga Norte Park
site and the Villages of La Costa, I would like to confirm with you that our Department is
anticipating the acquisition of the entire 32.9 acre site for recreational facilities.
Depending upon the ultimate number of units and densities associated with the Villages
of La Costa, we realize that the City will be required to pay RECM $175,000 per acre for
any additional land which is dedicated over their required amount. Furthermore, the
1996 Agreement (Section 4.7 “payment program” ) is very specific and clearly outlines
the cost to purchase the excess parkland, the funding sources and the time schedule
for payment in addition to the discretion that the City Council has in relationship to all of
the above items (Attachment).
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It should also be noted that the City is not interested in a joint use development with the
Carlsbad School District which would utilize any portion of the 32.9 acre park site. We
plan on using the entire 32.9 acres for active recreation activities, Le., athletic fields,
sports complex and swim pookomplex. From our perspective RECM’s requirement to
dedicate a site for the Carlsbad School District should in no way delay or interfere with
the Irrevocable Offer of Dedication for the 32.9 acre Alga Norte Park site.
KEN PRICE
Attach me n t :
c: Assistant City Manager
Planning Director
Sr. Management Analyst - Keith Beverly
Park Planning Coordinator
EXHIBIT 3
September 24, 1998
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TO: ASS1 STANT CITY MANAGER
FROM: Recreation & Park Planning Manager
ALGA NORTE PARK
On September 17, 1998, staff was requested by Jack Henthorn to attend a meeting
with Fred Arbuckle from Morrow Development Inc. to discuss the future Alga Norte
park site and the Villages of La Costa Master Plan. Keith Beverly, Senior Management
Analyst; Senior Planner, Don Neu; and myself were in attendance.
The purpose of the meeting was to inquire as to:
1. The C'ity's commitment to purchase the entire 32.9 acres for Alga Norte park site,
2. Whether or not the City had sufficient revenues in the Park-in-Lieu Southeast
Quadrant to purchase the land and,
3. Letting the City know that RECM would pursue the option of a joint use of the 32.9
acre park site with the Carlsbad Unified School District.
Staff again confirmed with Mr. Arbuckle that the City definitely wanted the entire 32.9
acre site for recreational facilities. We reminded him that as per the 1996 Parks
Agreement, the City would be required to pay RECM $175,000 per acre for any
additional land which would be dedicated over their required amount. With the concern
that there would not be enough funds in the Park-in-Lieu to purchase the additional
acres, staff assured Mr. Arbuckle that at the discretion of the City Council, the City had
alternative funding options available to purchase the land, Le., General Fund, etc.
The other issue was that of joint use of the 32.9 acres with the C.U.S.D. In order to
satisfy his requirement to dedicate a site for the School District (9-10 acres), it is Mr.
Arbuckle's interpretation of the Parks Agreement that until the City is truly committed to
purchase the entire 32.9 acres, RECM has the option to pursue a joint use of the park
site with the School District. Staff emphasized again that the City is not interested in a
joint use of the 32.9 acres park site and plans on using the entire site for active
recreat' activities. e KEN PRICE
c: Senior Management Analyst, Keith Beverly
Senior Planner, Don Neu
Park Development Coordinator, Mark Steyaert
H RIERARYfflORD/KENS MIL 199tVALGA NORTE PARK EXHIBIT 4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
ClN OF CARLSBAD
1200 Carlsbad ‘Yiilage Drive
Carlsbad, CA 92008
Space Above This Line for Recorder’s Use
1996 PARKS AGREEMENT
This 1996 Parks Agreement (“AGREEMENT”) is made this
day of
State of California (“CITY“) and Real Estate Collateral Management Company, a Delaware
Corporation (“RECM”). successor-in-interest to the Fieldstoneb Costa Associates, agree as
follows :
1996 between the City of Carlsbad, a Municipal Corporation of the
’
RECITALS
A.
and major land owners providing for park acquisition and development in the Southeast
Quadrant, summarized in Exhibit A (“Prior Parks Agreements”) attached hereto.
Between 1972 and the present there have been a series of agreements between the City
B.
City’s Southeast Quadrant which encompasses all or portions of Local Facility Management
Zones 6, 10, 11 and 12 (hereinafter collectively referred to as the “Villages of La Costa“.)
Furthermore, RECM has become successor to the obligations of Fieldstone/La Costa
Associates set forth in the 1982 Parks Agreement and all subsequent supplements, specifically
the 1988 and 1990 Park Supplements.
RECM is now the owner of more than 2,267 acres of development real estate within the
C. For purposes of this Agreement, the Villages of La Costa consists of the following:
1) The Southwest /Arroyo La Costa includes approximately 481.58 acres in Zone 12,
is identified more specifically on Exhibit “B-1” and hereinafter referred to as
“Southwest/Arroyo” or “CT 88-3”. This property is currently the subject of an
1 99 t i-J EXHIBIT 5
approved Tentative Tract Map for 1,076 single family dwellings and associated
improvements.
2) The Scutheast/Rancheros area consists of approximately 1,112 acres within Zone
11, as more specifically described on Exhibit ‘B-2” and hereinafter referred to as
SoutheastiRancheros. “
3) The Northwest area consists of approximately 674 acres located within Zone 10
(currently encumbered by the Deed of Trust referred to in Section 2, in favor of the
City of Carlsbad). This property is more particularly described on Exhibit “B-3”
and hereinafter referred to as “Northwest.
4) Five (5) isolated, smaller parcels located within Zone 6 more specifically described
on Exhibit “B4“ hereinafter referred to as “Remnants.”
D. As a result of significant change of circumstances and in order to satisfy a condition of
Final Map approval for CT 88-3, the City and RECM now desire to modify, amend and. fully
restructure the Prior Parks Agreements by substituting in its entirety, &IS Agreement for all
purposes to apply to future development of the Villages of La Costa with respect to provision
of public parks under the park dedication requirements of the City’s Growth Management
Program and General Plan. Some of the changed circumstances include, but are not limited to:
adjusted development product. areas and densities expected over the Villages of La Costa
compared with the assumptions contained in the Prior Parks Agreements; the need for General
Plan Amendments and associated Master Plan approvals for the Northwest and
SoutheastlRancheros properties occasioned by Growth Management; the recently approved
Habitat Conservation Plan, and development that has occurred elsewhere within the Southeast
Quadrant on properties eligible to receive parkland credit under the Prior Parks Agreements,
affecting the Southeast Quadrant’s parks facilities requirements.
NOW, THEREFORE, incorporating the foregoing recitals of facts set forth above and in
consideration of the mutual covenants, conditions and obligations contained herein, the parties
agree to the following:
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1. SuDersede Prior Parks Agreement
This agreement is intended to fully supersede, replace and substitute for the Prior Parks
Agreements for all purposes from and after the effective date of this agreement, and is
intended to and shall constitute a novation of the Prior Parks Agreement with respect to
future events.
2. Reconveyance of Deed of Trust. I
Under the Prior Parks Agreements, that certain Deed of Trust and Assignments of
Rents, recorded April 14, 1988 as Document Number 88-172276 in favor of the City
and encumbering the Northwest portion of the Villages of La Costa shall be fully
reconveyed, released and extinguished by the City upon the recordation of an
Irrevocable Offer of Dedication as described in Section 4.2 below. RECM shall pay
the cost, if any, of such reconveyance.
3.
In addition to the City's Growth Management Program and implementing ordinances,
the City has adopted the Quimby Act requirement for park land dedication, or the
payment of fees-in-lieu thereof, in connection with Final Subdivision Maps. The ratio
of parkland required under the City's applicable ordinances and policies is 3.0 acres per
1 ,O00 population (calculated at the rate of 2.318 persons per single family detached
unit), which dedication or payment of park fees-in-lieu thereof is required as a
condition of Final Subdivision Map approval. RECM, or its predecessors in title, have
dedicated substantial park acreage to the City in connection with prior project approvals
consistent with the Prior Parks Agreements, including advance dedication of parkland
in excess of that required for the development that has occurred to date on its land.
3.1 Camover Parkland Dedication Credits.
RECM is the beneficiary of prior excess parkland dedication credits consistent with the
Prior Parks Agreements and predecessor agreements in the amount of 13.841 acres as
evidenced by the Schedule of Parkland Credits attached hereto, marked Exhibit "C"
and incorporated herein by thls reference (hereinafter "Existing Parkland Credits").
The Existing Parkland Credits are expressed as the number of parkland acres previously
Satisfaction of Villages of La Costa Parks Obligations.
dedicated in excess and advance of prior development requirements on property subject
to the Prior Parks Agreements and which directly benefits and is available for future
buildout of the Villages of La Costa.
3.2 Parks Reauirements: Anticbated Buildout.
Under the Parkland Dedication Requirements of three park acres per 1 ,OOO population
the reasonably expected additional parkland required for estimated buildout densities
for the Villages of La Costa are as follows:
Villages of La Costa Projected Units Parkland Requirements
Southwest1 Arroyo 1,073 7.46 acres
Northwest 1,ooO 6.95 acres
SoutheadRancheros 1,500 10.43 acres
Total 3,573 24.84 acres of parkland
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The “Projected Units“ and associated calculation of Parkland Requirement” identified
above for the Villages of La Costa (hereinafter “Future Parks Requirement”) is the
parties best current estimates, based on present development standards, of anticipated
densities and future parkland requirements and is subject to upward or downward
adjustments as further planning is finalized. In Southwestlkoyo, the 1,073 units
represent the number of units set forth on the proposed final maps. With respect to the
Northwest and the SoutheastlRancheros, the Projected Units are based on current
estimates given by the City’s Growth Management Program, midpoint density range,
topographic considerations as well as consideration of the recent Habitat Conservation
Plan for those areas. The resulting estimate for 24.84 acres of Future Parks
Requirements is subject to adjustment, upward or downward, based on future approvals
for the affected areas without the need for formal amendments to this Agreement.
3.3 Southwest/Arrovo ComDliance.
The parties agree that SouthwesVArroyo shall utilize 7.46 acres of the Existing
Parkland Credits, leaving a net balance of 6.831 acres, and therefore, the
Southwest/ Arroyo has fully satisfied all parkland dedication requirements, including
Condition No. 4 of CT 88-3.
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3.4 ApDlication to Future Develooment.
As the Northwest and SoutheastlRancheros projects obtain approved subdivision maps.
RECM my.elect to utilize any remaining Existing Parkland Credits, on a unit-by-unit
basis, until all such Existing Parkland Credits are fully used. RECM shall notify the
City of particular elections to utilize all or a portion of any existing Parkland Credits on
one or more particular development projects by delivering to City, to the attention of
the Community Development Director, the 'Villages of La Costa Existing Parkland
. Credit Assignment Notice" in the form attached hereto as Exhibit "D". The City
agrees to recognize such election and not require an actual dedication of Parkland or
Park-in-lieu fees on such project so long as Existing Parkland Credits remain available
and are utilized for the particular project or portion thereof. The amount of remaining
Existing Parkland Credits shall be adjusted from time to time in accordance with
Section 3.2 above.
3.5
In the event it becomes necessary for the City to improve Alga None Park as a result of
Need for Park Access Dedication.
a City Council declared Growth Management Failure prior to the time that access and
utilities would otherwise be provided by development and RECM has obtained its first
final map in the Northwest, RECM shall provide temporary a.) all weather two lane
paved access, and b.) water, sewer and electricity to the Alga Norte Park boundary
concurrent with development of said park to the reasonable satisfaction of the City
Engineer.
4.
The City is evaluating the need for and possible locations of future parkland to meet the
requirements of the Growth Management Ordinance and the Parks and Recreation
Element of the General Plan. The Parties hereto wish to provide for the possibility that
such future parks demands may be satisfied from property located in the Northwest
portion of the Villages of La Costa.
4.1 Alga Norte Park
RECM hereby agrees to reserve (and offer to dedicate pursuant to Section 4.2 below)
up to approximately 32.9 acres within the Northwest portion of the Villages of La
Growth ManaEement Proeram - Southeast Ouadrant.
Costa propeny as a potential future site for Alga None Park. The park area is more
particularly shown on the schematic drawing attached hereto as Exhibit "E" and is
more fully set forth in the legal description attached hereto as EAubit 'F", both
incorporated herein by this reference, (hereinafter 'Alga Norte Park"), as satisfaction
of Southeast Quadrant Requirements.
4.2 Irrevocable Offer of Dedication
Concurrently with recordation of the Reconveyance of Deed of Trust described in
Section 2 above, RECM shall execute and record an Irrevocable Offer of Dedication in
accordance with Government Code Section 7050 in the form attached hereto marked
___ .
'Exhibit G" incorporated herein by this reference, ("Park IOD") for fee title to all or
any portion of the Alga None Park.
subject to each of the following terms and conditions.
4.3 Date of AcceDtance/Reiection
4.3.1 City agrees to make its determination of the final configuration of the desired
Acceptance of the Park IOD shall be expressly
site for Alga Norte Park on or before the date of the approval of the first master
tentative map within Local Facilities Management Zone 10.
4.3.2 If no master tentative map is approved on the Northwest within two years from
the date of this agreement, the City may then, at any time accept all or any portion
of the Park IOD, but no later than the first final subdivision tract map for the
Northwest. When City determines the final configuration, the City Council shall
accept and record all or so much of the 32.9 acres as City determines necessary for
said park.
'
4.3.3 If the City does not acquire the entire 32.9 acre parcel, it will use its best
efforts and good faith to reject a remainder parcel of such size and location as to be
reasonably developable, consistent with future development of the balance of the
Northwest. City and RECM shall use their best efforts and good faith to cooperate
and mutually agree on any final configuration and issues of access, utilities and
similar development issues affecting the portion to be accepted, and the balance of
the property. The parties understand and acknowledge that roads, utilities and
similar easements may be necessary and both parties intend to cooperate in
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connection therewith, prior to as well as after the Park IOD and City’s acceptance
thereof.
4.3.4 If less than the entire parcel is accepted by the City, the City will record a
rejection of the remainder of the Park IOD, Quitclaim Deed, or other instrument
necessary to clear title to the remainder, at the same time as recordation of the
acceptance.
4.4 Title
Title to the Alga Norte Park property shall be free and clear of all monetary liens and
other debilitating encumbrances which would have substantial adverse impact on the
proposed park use at time of acceptance of all or any portion of the Park IOD, and
RECM shall provide the City a preliminary title report for the City’s review and
approval at least sixty (60) days prior to the City’s anticipated acceptance date. If the
City wishes to obtain title insurance, the City will be responsible for the cost of any
such premiums.
4.5 Exterior Boundarv SurvevIMaD
RECM will cause the proposed Alga None Park acceptance parcel boundary to be
surveyed within sixty (60) days of notification of the final boundary for purposes of
acceptance by the City. To the extent that compliance with the provisions of the
Subdivision Map Act is required, the City shall be solely responsible for satisfying, at
its own expense, any subdivision map obligations, including certification through
issuance of a Certificate of Compliance or other necessary instrument or map to create
.,
a legal parcel and that remainder portion of the approximately 32.9 Norte
Park Parcel are valid, legal parcel(s) within the Subdivision Map Act and applicable
local ordinances or policies, including the provision of access to and utilities through
the park and any remainder parcel
4.6 Cost of Acceptance
The City shall cause the acceptance/rejection documents to be recorded and shall be
responsible for any Title Insurance premium and any escrow fees shall be split equally
between the parties. The parties agree that no documentary transfer taxes are payable
based on the City’s acceptance of all or any portion of the Park IOD.
I
4.7 Payment Proeram
If the City accepts the Park IOD in an amount in excess of the amount of total Parkland
Requirement as computed in Section 3.2 as adjusted from time to time, the City shall
pay RECM for such excess dedication. The amount of excess parkland shall be
determined by subtracting the amount of parkland required in Section 3.2, as adjusted
from time to time, from the number of acres actually accepted by the City under this
Agreement, plus any remaining Existing Parkland Credits. The total payment, due
RECM for excess parkland accepted, if any, by the City shall be equal to the amount of
excess parkland computed as described above times $175,000 per acre which amount
shall be the total payment due. Payment to RECM shall be made from Park In-Lieu
Fees collected in the Southeast Quadrant deemed to be available by the City Council at
the earliest opportunity. If Park In-Lieu fees from the Southeast Quadrant are
insufficient or unavailable to fully pay RECM the amount due under this section, the
City shall annually review the amount of Park In-Lieu Fees received within the
Southeast Quadrant and shall pay to RECM any fees that are deemed to be available by
the City Council on a first priority basis until the total amount due has been paid. No
interest shall accrue on any unpaid balance. The City shall in any event make the first
payment under this section to RECM by the thirty-first day of July following the date of
acceptance of the Park IOD. The City Council may, at its discretion, approve an
earlier payment, if funds are available. The City is not obligated in any way to make
payments to RECM from any source other than Park In-Lieu Fees collected in the
Southeast Quadrant.
4.8
RECM shall continue to include the location of the Park IOD in its future planning for
the Northwest, and shall provide for alternative development should the City determine
to satisfy all or a portion of the Southeast Quadrant Requirement from other property or
in another manner. The parties agree to cooperate reasonably in the future planning
process for the Northwest in order to achieve the purpose of this Agreement.
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Accommodation in Northwest Master Plan
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3.9 .4bandonment bv Cirv
If the City determines not to use the Park IOD for a park, it shall record a rejection of
the entire Park IOD, Quitclaim Deed or other instrument necessary to clear title as
reasonably requested or required by RECM as quickly as is reasonably possible but not
later than one year following the determination by the City Council that the Park IOD IS
not desired.
4.10 Other Park Propem
It is currently the City's intent to accept and develop the Alga None Park, as described
in this agreement, to meet the demands of the Growth Management Program for the
Southeast Quadrant, subject to the conditions described in this agreement. The prior
offer to dedicate park property in San Marcos Canyon is no longer intended to be
accepted as described in the 1982 Parks Agreement. The City hereby agrees to identify.
and vacate, rescind or otherwise to proceed with the necessary actions to release the
property to RECM within one year from execution of this agreement.
5. Resuonsible Parties
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the RECM in connection with the
foregoing are as follows:
For City: Community Development Director
Mr. Many Orenyak
2075 Las Palmas Dr.
Carlsbad, CA 920094859
For RECM: Real Estate Collateral Managemat James M. Jackson
Vice President
PO Box 9000-685
Carlsbad, CA 92018
.. 6.
Execution of and compliance with this Agreement fully satisfies Condition No. 4 of the
Conditions of Approval for the SouthwestlArroyo tentative map as well as establishin_e
full compliance with the parkland Dedication Requirements and all Southcast Quadrant
Satisfactioa of South west/Arrovo com
9
4iJ I
park requirements of the Carlsbad Growth Management Program, or other Carisbad
ordinances. policies or procedures including the impkmentation of the Quimbv Act
applicable .--. to the Villages of La Costa.
I General Provisions.
7 1 Successors and Assiens
This Agreement shall bind and inure to the benefit of the parties their respecrive assigns
and successors, and the successive owners of the Villages of La Costa, provided,
however, payment for any excess parkland and the assignment of Existing Parkland
Credits to specific properties shall be the personal propeny of RECM; Credits and
payments may be made available to subsequent purchasers of portions of the Villages of
La Costa propercy to satisfy the future Parkland Dedication Requirement of said
subdividers as directed by RECM based upon receipt of written authorization by City
from RECM in the form of the 'Villages of La Costa Existing Parkland Credits
Assignment Notice," attached hereto as Exhibit 'D," indicating the amount of such
credit or payment to be made to subsequent subdividers of Villages of La Costa.
RECM shall provide the City with such written notice of the transfer or a separate
notice of any non-transfer of the rights to receive payment or credits within thuty (30)
days of the transfer of any propem subject to this Agreement. Should for .any reason
the "Villages of La Costa Existing Parkland Credits Assignment Noticc'" or separate
notice of non-uansfer not be provided to the City, then tht City shall not allocate any
payment ,or credit ,or reimbursement, to any other propeny.
7.2 Constructiorl,
This Agreement shall be construed as a whole in accordance with its fair meaning, the
captions being for the convenience of the parties only and not intended to describe or
defm tht provisions ad the portions of the Agrttmtnt to which they pertain. Both
parties acknowledge that they understand the terms and coditions of this Agreement
and execute the Agrecment without force or duress. Neither pyty shall deny the
enforceability of any provision of this Agreement on the basis that it did not have legal
counsel, or that it did not understand a tern or condition of this Agreement. Both
' parties to this Agreement acknowledge that they have been represented by counsel
9
.
--
'e . . <\
10
4, I
and/or advisors of their own choice 'and that neither party shall be deemed to have
primary responsibility for drafting this Agreement.
7.3 Waiver
No waiver by either party of any default. breach, or any other term set forth herein
shall constitute a waiver of any ocher default, breach or term whether of the same or
any other convenant or condition.
7.4 Severability
. If any portion of this agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall be given its full and fair meaning in order to effectuate
the purposes of this agreement.
7.5 Amendments
No change or addition to this ageement, or any part or portion thereof, shall be valid
unless in writing and signed by all parties hereto.
7.6 Entire Agreement
This Agreement contains the entire agreement between the parties hereto respecting the
subject matter covered. This Agreement supersedes and replaces any and all previous
discussions, negotiations and writings between the parties hereto, superseding and
replacing all negotiations, prior discussions, preliminary agreements, the Prior Parks
Agreements or understanding respecting the subject matter whether written or oral.
7.7 No Third Pam Beneficiarv
Nothing contained herein is intended nor shall be construed as benefiting any third
party, or member of the public, nor shall it create or authorize any claims, causes of
action or any legal proceedings to intermpt or enforce this Agreement other than by
the parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
ATTEST:
CITY OF CARLSBAD,
a municipal corporation of the State of California
City Clerk
APPROVED AS TO FORM:
City Attorney
REAL ESTATE COLLATERAL MANAGEMENT
COMPANY, a Delaware corporation
By :
.. IC
STATE OF C.AL+IEORNIA 1
COUNTY OF SAN DIEGO 1
1 93.
On 11/27/96 , before me, Vivian Mae Walters, personally appeared Jams H. Jacbon and Spiro G. Itnllna ,
personallv known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within igstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies1, and that by his/her/their signature(s1 on the instrument the person(s), or the entity upon behalf of which the person (9) acted, executed the instrument.
WITNESS my hand and official seal;
County and State
“EXHIBIT A”
Historical Summm
A.
agreements have ken:
The previous parks agreements and supplements hereto, and the parties to those
1. ‘1973” Parks Agreement” - City and La Costa Land Company
2. Supplements to the 1973 Parks Agreement (October 15, 1973 and July 18. 1974) -
City and La Costa Land Company
3. “1978 Parks Agreement” - City and La Costa Land Company
4. ‘1982 Parks Agreement” - City and Daon Corporation
5. “1988 Parks Supplement” (to the 1982 Parks Agreement) - City and BCE
Development Company
6. Parks Agreement Subrogation (Fieldstone Company) - City and Continental Bank
7. “ 1990 Parks Supplement” (to the 1982 Parks Agreement) - City and Fieldstone/La
Costa Associates Limited Partnership
B.
were superseded by the 1982 Parks Agreement. As a result, those agreements and
supplements preceding the 1982 Parks Agreement are of no further in force and effect.
The 1973 Parks Agreement, all supplements thereto, and the 1978 Parks Agreement,
C.
for a parks agreement, (2) allow for an accelerated dedication of the La Costa North
Community Park (hereinafter referred to as Alga None Park) (3) continue the dedication of the
Stagecoach Park at an accelerated rate until the full park site of 28 acres was dedicated, (4)
delete the San Marcos Creek Park site; and (5) provide instead for the dedication of the
portions of the San Marcos Canyon which had not been dedicated previously.
The 1982 Parks Agreement intended to (1) satisfy the 1980 Master Plan requirements
.
D.
to the existing ageement as part of an ongoing planning proc-ess, the implementation of the
City’s Growth Program and the adoption of the Public Facilities Performance Standards in
1986.
The 1988 Parks Supplement to the 1982 Parks Agreement was a necessary amendment
Furthermore, the 1988 supplement was intended to do the following: (1) satisfy the Master
Plan requirements for parks acreage; and (2) allow for the accelerated dedication and joint
financing of the construction of improvements for Alga None Community Park. The
accelerated dedication of Alga None Park required BCED, (succeeded by Fieldstone) to
dedicate 35 acres of parkland prior to the time the actual parkland requirements would be
determined (normally, as the revised Master Plan for LFMP Zone 10 was prepared and
approved). Provisions for reimbursement of parkland dedication over and above those
requirements ultimately identified through the eventual Master Plan approval process, were
also specified. To date, the revised Master Plan has not been submitted for approval, nor
adopted by the City.
In order to guarantee availability of funding to constxuct improvements for the Alga None Park
site (or a portion thereof) and therefore meet the requirements of the Growth Management
Program, provisions to guarantee $2,241,265 from BCED, (successor; Fieldstone) to consmct
improvements for 19.4 acres of the 35 acre Alga None site were also specified. The
agreement to provide the advanced dedication for 35 acres of parkland and $2,241,265 for
construction of kriprovements was secured by a Deed of Trust in favor of the City of Carlsbad
encumbering the entire 765.9 acres of the property owned by BCED (successor; Fieldstone)
located within Local Facilities Management Zone 10.
Upon receipt by the City of appropriate documentation dedicating the 35 acres of parkland and
upon delivery and acceptance of a letter of credit in the amount of $2,241,265 as substituted
security for park improvements construction, at the the of recordation of the first final map of
propeny owned by BCED, (successor; Fieldstone) in Local Facilities Management Zone 12,
the City agreed to reconvey the Deed of Trust.
The City currently retains the Deed of Trust for 765.9 acres of land in Local Facility
Management Zone 10, because the advanced dedication of 35 acres of parkland and the
$2,241,265 for construction has not occurred as specified in the 1988 Parks Supplement.
E.
BCED was sold to the Fieldstone Company/La Costa Associates, Limited. Partnership;
transferred to Continental Bank; acquired by Bank of America; and most recently transferred
by Bank of America to its real estate subsidiary, Real Estate Collateral Management Company,
a Delaware Corporation (RECM).
Subsequent to the execution of the 1988 Parks Supplement, the property then owned by -
F.
Supplement) was approved by the City of Carlsbad between the City and Fieldstone/La Costa
As soc ia t es I im i ted pa rcners hip.
On May 22. 1990 an additional supplement to the 1982 Parks Agreement (1990 Parks
The 1990 Supplement specifically amended the 1982 Parks Agreement to include her
than exclude the subdivision property known as Santa Fe Knolls Unit 3 (CT 85-5).
Consequently, Park Dedication credits were accepted, acknowledged and accounted for as
indicated on the Stagecoach Community Park “Park Dedication Inventory Matrix” dated
March 6, 1990 (reference Carlsbad City Council Agenda Bill #10,626), including Santa Fe
Knolls Unit 3.
.XIST.
LINE
EXIST. SEWER
crr-ur-nm %mWB- rdrr-ul -yo
,dUESTED BY: HE FIELDSTONE COMPANY
1465 MOREHOUSE DR..STE.250
;AN DIEGO, CA 92121
'HONE: (6 19) 546-8081
\
EASEMENT DEDICATION SHT. 1 OF 2 SHTC
A.P.N. -
DATE 8-2-93
/
I
P.N. O'DAY R.C.E. I 27214
PAR. 1 P.AR 1188
r. 0' 500' -
SCALE: 1' = 500'
AP.N. 2 13-030- 1 1
AP.N. 215-021-07 AP.N. 2 15-030-06, 14 AP.N. 2 15-03 1 -08
AP.N. 215-052- 15 AP.N. 215-061-01, 09 AP.N. 215-480-02, 03
F.\~OBS\911027\9127P4 12-2-96 3:18:33 pn EST Xrefr: NONE
" ., -. I
L
fm
J. FUTURE RECREATIONAL for addmonal acrrage cumntly under mamtcnancc re-
spoasibdlry of the Park Operatlons Division, however, is
not useable to mat the City’s park sandads In addhon,
accountabthty IS prowded for the natural open space arcas
once considered as parkland; however, by today’s sfan-
dards, they are not considered to be conducive to park use
andor developmt. These miscellaneous landscape/
open space areas arc identified in Appad~x 1, Miscclla-
nwus LandswOpcn Space keas.
I. FACILITY STANDARDS
Table 2: Facilities Standads, summarizt3 the
‘ developmat stadads hr each recreation facility, based
on its park clpuificatioas. Tbe standards arc provided
to ensure thatthe ncrrrtioarl f?cilitiu in cufsbad meet
the needs of resldeny tuuists ad anprOyaa of tbc City. I “Facility Standimis am pded to
ensure that the rrecrealional facilitie
in catkbad meet tire nee& ofmi-
dents, tourists and employees of the 1%”
DEVELOPMENT 7
Several areas have been earmarked for future
park development and ickn~ed in the current park inven-
tory. Aithoughtktlrmng for acquisitionanddevelopment
depends primarily on the rcquimruats of the Growth
Management program as devclopmcnt occurs, the C~ty
Council ultkMtely approves the fiaancing methods for
acquiSiti04 coostructiq and ongoing maintenaucc and
operationcostr.
Community
LlvlL 0 SEW
Ci tywido
ACCIIS
Vohialu
Bieyolo
POdOOtdU
Community
I losrerr
Pmblio I25 d1.oOo
~
EXHIBIT 6 . :. 6
Addinonal fkding sources for acqursinon. de-
velopment. mmtenance and operahon, or rehabilitanon
may be prowded by general obliganon bonds, special
taxes, state and federal park bond acts, assessment dis-
mcts or donanons
I
Prior to acceptance, all future parkland acquisi-
non is subject to asmngent enwonmental remewprocess
to idennfy and elimmate constrants man effort to maxi-
rmze site potennal m terms ofparkdevelopment. Public
remew dunng the mster planrung process of all future
park sites wll guarantee the recreational needs of the
community are being addressed. Table 3: Antlcipated
Future ParkDevelopment Projects, summarizes the an-
ncipated future parks to be developed in the City.
I
PARK ESTIMATED PARK
CLASSIFICATION ACREAGE QUAD PARK DEVELOP. PROJECT
I Nw Unspecified Acquisition Community Park +7
Nw Maxton Brown Extension Special Use 1.15
Nw Cannon Lake Special Use 6.87 - Nw Hosp Grove Special Use 5.54
NE Larwin Community Park 22.2
NE Bal I fields Speciai Use Area .t 15
sw Zone 19 (Aviara) community Park 24.25
sw Poinsettia Community Park 42
sw Avim Oaks Special Use +6
SE Carillo Ranch Community Park 26.9
SE Alga None Community Park 35
CITYWIDE Veterans Memorial Park Community Park 100
CITYWIDE Zone 5, 13, 16 Park Site To be determined To be determined
CITYWIDE Golf Course To be determined To be determined .
I TABLE3: ANTICIPATED NTUREPARKDEVEL I OPMENTPROJECTS
In addinon to these anncipated future parks, the
Ciry Council. on March 7, 1989, directed the Parks and
RecreanonComrmssion to lncorporate the recommenda-
h0nS of the Recreanon Facility Fmancmg Committee
wthm ttus Element. The Recreanonal Facility Flnancrng
Committee consisted of eleven (1 1) Carlsbad cinzens
whose goal was ( I ) to tdennfy recreanonal ameruhes as
outlined in proposition M (Carlsbad City Ordmance No
NS-29), and, (2) to recommend altcmanve fundng meth-
ods for thedevelopmentoftheseameruhes. Thecomrmt- tee recommended to prowde the followuig facilines
O Two (2) Municipal Golf Courses - Regulation Size - ShonCoune
O Multi-Coun TCMIS Complex
O Two (2) Multi-Purpose Fields Adult Size or
Larger * Enclosed Soccer Facility
2 3 . I- .& ,
3 VI 3
Y
03ZWL*VIX-&
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