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HomeMy WebLinkAboutReso 1989-15225 RESOLUTION NO. 15225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY FOR EASTLAKE PARK AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, EastLake Development Company has agreed to construct the entire community park in one phase and the attached agreement outlines the Developer's responsibilities for this park construction, as well as the means for the turning over of neighborhood parks in EastLake I to private use, in exchange for 5 acres of developed public park in future EastLake developments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and EASTLAKE DEVELOPMENT DEVELOPMENT COMPANY, for EastLake Park Agreement, dated the 8th day of August , 1989, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved.->~ BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~s J. a ron, City Att ney Manuel A. Mollinedo, Director ' or of Parks and Recreation ~ 6044a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,,,,ULA VISTA, CALIFORNIA, this 8th dl]y of AuJ5ust . . 19 89 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Moore, McCandliss, Nader, Cox NAYES: Counci] members None ABSTAIN: Councilmembers None ABSENT: Counci 1 members None City of Chula Vista Acting/City Clerl~ ,TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION N0. 15225 ,and that the same has not been amended or repealed DATED / City Clerk ~C-660 Revised 7/14/89 BASTLAKE.PARK AGREEMENT THIS PARK AGREEMENT ("Agreement") is entered into on J~X~ 08-08 1989 by and between EASTLAKE DEVELOPMENT COMPANY, a Calif0r~ia" general partnership, comprised of corporations ('Developer') and THE CITY OF CHULA VISTA, a municipal corporation having Charter power ("City"), collectively referred to hereinafter as "the Parties". ARTICL~ I - RECITALS 1.1 Background. The City has previously approved a development known as EastLake Hills and EastLake Shores ('EastLake I"). EastLake I included private parks which would be maintained by EastLake I homeowners while allowing limited access to the public at-large. It is now the desire of the Parties to remove public access to these privately maintained parks.~and to ' substitute other park lands and improvements for the loss of 'this public access. 1.2 Intention of the Parties. By this Agreement, ~he Parties intend to: (a) resolve the open space and park land obligations of Developer for EastLake II (b) agree that the obligations of the Developer with respect to the Development Agreement relating to the provision of public parks or public access or the payment of fees in lieu thereof, are satisfiedl (c) define certainl~additional public park obligations beyond those listed in the original Development Agreement~ and (d) provide assurances to the City that the Developer will give 5 additional acres of park land to compensate the City for the loss of access to the neighborhood parks in EastLake I. 1.3 Benefits to the City. By this Agcec~ent, the City will gain additional park space and earlier pazk improvements.'.-to compensate [or the loss of public access in the neighborhood parks in EastLake I. 1.4 Benefits to Developer. This agreement will relieve Developer ~f the responsibility to provide for public access to the neighborhood parks in EastLake I. NOW. THEREFORE, In consideration of the mutual agreements set forth herein, the considerations set forth in the ,]i~ recitals and,,other valuable consideration, the receipt and ,>~ ". sufficiency of which are hereby acknowledged, the Parties agree ~--.. as set forth below. ARTICLE 2 - DEFINITIONS 2.1 "Association" shall. mean EastLake I Community Association,"'6~&~pr'TE'i~te, non-profit corp.~ation which has an ownership interest in various park and open space areas in the EastLake I Community (EastLake Rills and EastLake Shores)~ including, but not limited to. the trail surrounding the perimeter of the EastLake Shores Lake ("Lake Trail"). 2.2 "Deve~'6oeC" shall mean the EastLake Development Company and the/~gal persons to which or to who it may assign all or any portion'of its rights under the Agreement. above-wri~ten. ,. 2,4 "Properrye:shall mean the following real property= real properny commonly known as EastLake Z which consists ]~' neighborhoods known as the EastLake Hills, EastLake Shores, EastLake village C-enter a,d the EastLake Susiness Park, all as more particularly described in Exhibit "A" attached hereto and l.. incorporated. herein~ (ii) real property commonly known as ~., ~= EastLake ZZ whi=h consists of the neighborhoods to be known as the EastLake Greene and EastLake Trails, all as more Particularly .' .' described In Exhibit "s' attached hereto and incorporated herein~ " and, (lti) .certain undeveloped real property commonly known as balanCe.~of t~e EastLake Planned Community, as more ~ Particularly','described in Exhibit "C" attached hereto and " incorporated herein. i' /.~,:"'~!%:'~"' '." ARTICLE 3 - DEVELOpER~S OBLIGATION i!~>,:~:;~'''!c~'3,x: Co"~i~"~' Precede~'t., Developer shall use its beet ~:,"".>efforts to deliver, or cause to be delivered, to City a deed ~' 'conveying all right~ t~tle and interes~ In the existing trail ~;i>:"encircling the ,Saet~ake Shores Lake within EastLake X. The '-':~ actuaZ delivery to City of such a deed and final City action to ..' amend the ~astLeke Specific Plan shall be a condition Precedent to DeveZoper~s obligations hereunder with ~he exception ',' Section 3.2(b) regarding the 14.7 acre perk. !. 3.2 DeveleDer~s Commftment. Developer agrees to do the " following: '-- ,'~. (a} Developer shall construct twelve (12) lake trail ,=benches .meeting the standards approved by the City public trail system components within six (6) ,, months of e~ecution of this agreement. "' , (b) Developer shall construct a 14.7 acre ('Community Parks) adjacent to the proposed EastLake High School within twenty-four (24) months of the effective .date of this Agreement. Upon completion of the construction of the Community Park and the expiration of a normaI maintenance period for public-:'~.'-' Community'Park improvements shall be as described in the Wimmer Yamadd & Associates Master Plan ' Estimate,'..\".~j~ attached as Exhibit "As. It is'estimated that the improvements will cost $2,605,043. Developer shall be entitled to park credits fo~ its actual cost constructing the improvements. Actual cdsts shall ;include only the following= .. 1) Construction costs including site preparation, grading, soil testing and compaction costsl 2) ~ ~andscaping, architectural and engineering 4) Insurance, fees and permit costs. City shall retain the right to approve all construction plans and deny credit for any costs deemed unreasonable by the City, This credit shall be applied against Developer's future (d) Developer shal.l fund the construction of lighting for 6 tennis courts to be built in conjunction with the proposed EastLake High School. (The referenced six tennis courts are in addition to the two courts required for funding as a condition in the EastLake Greens Tentative Map approval). Developer shall provide 8uch'~l.c;: funding within sixty (60) days of the execution of contracts for the construction of the lighting. (d) Developer ehal provide five (5) extra acres of fully improved park land to the City. These additional five (5)"acres of park land shall not be credited against any future park acquisition and development obligations of the Developer. City will deposit $500,000 in impact fees previously collected from Developer to be used for the purpose of constructing the -3- Improvements let forth in ~xhibit "~". Developer shal~ 'deposit with=he Cit~ ~500~000 as security for its "to. provide the' five extra acres of full~ improved park' ":-',::!~ land. :DeVeloper ,shall deposit this amount within sixty ?.~ 60) days of the date of this agreement. . ."~': ARTICLE 4 i'CITy OBLIGATIONS - 4;1 "City Commitment'. City agrees to the following~ '..':.~. (a)' Upon receipt of the deed for the Lake Trail, Cl~y ~it'sha11 maintain the Lake Trail at City expense. · '.." :~!(b) Within seven r(7) days after the effective date,of ,,,,~:i,-~,U~'this~;~.,.Agreement,'.-= City shall · deposit, in an,L "C'Vi~':g"~interest-bearing account if possible, ~500,000 in impact "' %~+],.afees previously collected from Developer to be used for · '!the purpose of constructing the EastLake Community, ?~".["' improvements. This sum~ plus interest accrued thereon~ ' if any,,:,shall be released to Developer upon the .. . execution?of contracts for the construction of the.. -'Community.:~Park. City agrees that the Developers previousl'y" pledged financial security for the -' construction of these improvements may be reduced by ',,'.' ,,this amount.~ All additional EastLake I impa~t fees, ~ .collected from Developer to be used for the purpose of constructing the EastLake Community Park improvements shall be released to Develper within sixty (60) days of the execution of contracts for the construction of the five (5) acres of park land described in Section 3.2[d) ,',.':~ 'of this Agreement~ _.., '~;,(c)"'~Ci~y hereb~ waives any and all requirements with ,'y respect to park land dedication or the payment of in "/lieu fees thereof or both contained in the Development · · ,.,,Agreement for EastLake I and by this Agreement provides .- .,,;~ Developer with the written acknowledgment of such waiver. ,,I (d} City agrees to remove, by means of a quitclaim deed or otherwise, the public access easement to the neighborhood parks in EastLake I while retaining the -,~ -,requirement that these lands be used as open space. ',,,.,,,..,:,~ DAT~I DATE: THE CITY OF CHULA VISTA, EASTLAKE DEVELOPMENT COMPANY, · a m,lnicipal corporation ~ california general partnership ..: ., comprised of corporations . ~804e · . . EXHIBIT "A" WIMMER, YAMADA ,& ASSOClATES LANDSCAPE ARCHITECTURE LAND PLANNING EASTLAKE COMMJNITY PARK Master Plan Estimate of Anticipated Construction Company ** June 15, 1988 * ITEH: QUANTITY~ UNIT COST~ TOTN.~ 1. MOBILIZATION/START-UP COSTS ....... a) Aliavance LS $10,000.00 $ lO, O00.O0 .- 2. SITE GRADING/PREPARATION a) FIne grading / 590,000 s.f, .05 $ 29,500.00 b) Sot1 prep./amending 590~000 s.f, .25 $147,500.00 c) Dratnage sTstems LS 25,000.00 $ 3. PAVING CONSTRUCTION ' a) Road/parking asphalt 16,000 s.f, 1.70 $ 27,200.00 b) Concrete curbs 800 1.f, 12.00 $ 9,600.00 c} Broom f(n. concrete walks 20,000 s.f, 1.50 $ 30,000.00 d) Salt fin. col. conc. paving 30,500 s.f, 2.50 $ 75,250.00 e) Decomposed granite path 16,000 s.f. .10 $ 1,600.00 f) C1ty logo medallion 550 s.f, 2.50 $ 1,375.00 4. MISCELLANEOUS CONSTRUCTION a) Sand placement (12" depth}~ 1. Tot lot area 45 c,y, 13.00 $ 585.00 2. Play area 195 c.y, 13.00 $ 2,535.00 3. Volleyball area 130 c.y. 13.00 $ 1,590.00 b} Retaining ~alls (concrete) 210 1,f. 30.00 $ 6,300.00 c} Sfgnwal i/serpent LS 40,000.00 $ 40,000.00 d} Conc. picnic table on pad 18 ea. 750.00 $ 13,500.00 e) Concrete picnic table 5 ea. 600.00 $ 3,500.00 f) Metal prefab shelter roof (325sf} on concrete col umns ~/concrete slabs & BBQ grills 5 ea. 6,750.00 $ 33,750.00 g) Kiosk 1 ea. LS $ 3,000.00 h) ~owc,Jrb 250 1.f; 4.00 $ 1,000.00 1) Flagpolc..s (30'ht.) 3 ea. 2,000.00 $ 6,000.00 J ) BIke racks 2 ea. 500.00 $ 1,000.00 k) Tree gra~os 48 ea.' 500.00 $ 24,000.00 .. 1) Removable bollards g ea. 200.00 $ 1,800.00 m) Concrete benches 8 ea. ?00.00 $ 5,600.00 n) Trash receptacle 12 ea. 300.00 $ 3,600.00 o) Park tnfo./d.frectory signage LS 5,000.00 $ 5,000.00 Page Two EASTLAKE COMMUNITY PARK . Master Plan Estimate of Anticipated Construction Company June 15, 1988 ITEM QUANTZTYI UNZT COSTI TOTALl 5. RECREATIONAL AREA CONSTRUCTION ' " a) Tot lot equipment= 1, Spray porpofse (w/props . and basfn) LS 2,400,00 $ 2,400,00 2. Sprfng rfders 4 ea, 537,00 $ 2,150,00 3, Spinner Z ea, 850,00 $ 850,00 4, Saddle elf de Z ea, 1,200,00 $ 1,200,00 .5. C11mbfng castle Z ea. 1,700.00 $ 1,700.00 6. Shovel/seat 'Z ea. 250.00 $ 250.00 7. Wood deck ' ' 50 s.f, 23.00 $ 1,150.00 '.' b) Play area equfpmentl 1. Play structure w/shock mats L$ 17,350.00 $ 17,350.00 2. Arch swing Iea. 2,400.00 $ 2,400.00 3. Tree cl 1tuber 3 ea, 2,000.00 $ 6,000;00 4. Castle climber 2 ea. 1,700.00 $ 3,400.00 5. Sprtng toys 4 ea. 2,150.00 $ 2,150.00 6. Concrete posts g ea. 200.00 $ 1,800.00 7. Seat walls (concrete) 135 1.f, 35.00 $ 4,725.00 c) Yolleyba11 posts/net 1 eao 200.00 $ 200.00 d) Exercfse course (7-starfort) LS 4,800.00 $ 4,800.00 e) Crushed brick fnffelds 62,000 s,f, .20 S 12,400.00 f) Arch backstops 4 ea. 7,500.00 $ 30,000.00 g) Sfdelfne fencfng (3t) 360 1.fo 3.50 $ 1,260.00 h) Base pads 4 sets 150.00 $ 600.00 t) Novable soccer goals 4 sets 1,500.00 $ 4,000.00 J) Bleachers 8 ca. 2,000.00 $ 16,000.00 6. PLANTING/IRRIGATION CONSTRUCTION a) Irrigation ....... (w/computer control) 522,000 s,f, ,51 $267,000,00 b) Lawn (seed) 425,300 s,f, ,05 $21,265,00 c) Slope shrubs 3,870 ea, 5.00 $ 19,350,00 d ) S1 ope trees = Z, 5-gal I 200 ea, 18,00 $ 3,600,00 2. %5-gallon 250 ea, 75,00 $ 18,750,00 e) Sycamore trees (48") 38 ea. Z,500.00 $ 57,000,00 f) CottondooG trees (36") 20 ea. 693.00 $ 13,860.00 g) Flame trevs (24") 40 ea. 269.00 $ 10,760.00 h) Queen Palm-~ (14tht.) 20 ea. 500.00 $ 10,000.00 7 ARCHICTECTURAL CONSTRUCTION ' a) Ccmmunfty Center 5,500 s.f. 100.00 $550,000.00 b) Trellfs/arbor 1,500 s.f. 16.00 $ 24,000.00 " c) Hultf-purpose (Zfm 3,500 s.f. 90.00 $315,000.00 d) Storage/restreon 1,500 s.f. 5.00 $127,500.00 e) Trash enclosure 100 s.f. 20.00 .$ 2,000.00 ,.** ":' ~,. EASTLAKE COMMUNITY PARK " .: ..., Master Plan Estimate of Anticipated Constructlon Company : ; L! ,/,,L ,-.; .... 8. ELECTRICAL CONSTRUCTION - '~" a) Walk/parking area lights L$ tO~O00.O0 $ ~0,000,00' 9. MAINTENANCE :*' a) gO-day 590,000.00 .06 $ 35,400,00 .L*' -,,,,,~.:', · ' b ) 270-d ay ( by .,'d eve10pe r' ) '.~':.:' 15S CONTZNGENCYg .$ 339~788.00 .... " .: GRAND TOTAL~ :$2,605,043;00 Note, Z) Estfmate does n'~t-'f"nclude cos'ts..to*:lfght 1/2 of Hfgh $cho'oi"' school tennfs coumj". Estimate. fs $60,000,00 to 11ght 6 courts, 2) Estfmate doeS' not.::fnclude.'costs to.';const~uct' 112. of. Hfgh $bhOol tennfs cou~cs, Estfmate fs $120,000o00 to:. construct 6' courts.