HomeMy WebLinkAboutAgenda Report - November 6, 1996 (82)AGENDA TITLE: Agreement for Purchase of Neighborhood Park Site in Bridgetowne, Unit No. 1 ($660,000)
MEETING DATE: November 6, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council approve the Agreement for the purchase of a neighborhood
park site in Bridgetowne, Unit No. 1; direct the City Manager and City Clerk to
execute the Agreement on behalf of the City; and authorize the transfer/allocation
of funds in accordance with the terms of the Agreement.
BACKGROUND INFORMATION: The Park, Recreation and Open Space Master Plan includes a future
neighborhood park (identified as Woodbridge Park in the Master Plan) within
the boundaries of the proposed Bridgetowne development. In conformance
with the Master Plan, staff has negotiated an agreement for acquisition of
the park site with Chris R. and LaVeta Keszler and A. Fred and G. Camy Baker, the developers of the
Bridgetowne project. The Agreement addresses reimbursement for the park site, installation of off-site street
improvements fronting the park site, and installation of specified on-site improvements within the park. The
Agreement is attached as Exhibit 1 and the proposed park site is shown in the Agreement as Exhibit A.
The Bridgetowne development is in Priority Area Two for residential development and is developing prior to the
time anticipated in the Development Impact Mitigation Fee Program. In conformance with LMC §15.64 and
16.40, the Agreement has been structured to provide reimbursement from Parks and Recreation Development
Impact Mitigation Fees through a combination of credits for the fees required for the Bridgetowne project and
future fees collected from nearby parcels as they develop. The areas from which reimbursement shall be made
are shown on Exhibit B of the Agreement.
In addition, the developer shall retain ownership and maintenance responsibilities for the park site until
acceptance by the City of all the required improvements (street frontage, irrigation system, turf and trees).
Staff recommends that Council approve the Agreement and direct the City Manager and City Clerk to execute
the Agreement on behalf of the City. Staff also recommends that the Council authorize the transfer/allocation
of funds from the Parks and Recreation Development Impact Mitigation Fee Fund in accordance with the terms
of the Agreement.
FUNDING: Parks and Recreation Development Impact Mitigation Fee funds
ac L. Ronsko
Publi Works Director
Prepared by Sharon A. Welch, Associate Civil Engineer
JLR/SAW/Im
Attachments
cc: Associate Civil Engineer - Development Services
Baumbach & Piazza
Mr. Fred Baker
City Attorney_
APPROVED:
_ t . Dixon Flynn -- CityM nager
CPRKPRCH.DOC � 10/28/96
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
AGREEMENT
Exhibit 1
THIS AGREEMENT, entered into this day of , 1996, by and between
CHRIS R. KESZLER, LA VETA KESZLER, A. FRED BAKER AND G. CAMY
BAKER, hereinafter "Developer', and the CITY OF LODI, a municipal corporation,
hereinafter "City".
WITNESSETH:
WHEREAS, Developer is the owner of that certain parcel of land known as
Bridgetowne, Unit No. 1, Tract 2133 of Subdivisions, San Joaquin County and the
remaining portions of the Bridgetowne development as shown in Exhibit A; and,
WHEREAS, Developer wishes to develop said Tract in conformance with City
development ordinances and policies; and,
WHEREAS, within said Tract is located a planned neighborhood park as shown in the
City's Parks, Recreation and Open Space Master Plan; and,
WHEREAS, City's Development Impact Mitigation Fee Ordinance contains provisions
for acquisition and improvement of neighborhood parks on a schedule consistent
with the City's Residential Growth Management Plan and Capital Improvement
Program; and,
WHEREAS, Developer intends to develop said Tract prior to the time said
neighborhood park is scheduled to be acquired and constructed; and,
WHEREAS, Developer and City both desire to provide for orderly development of the
neighborhood park in conjunction with said Tract; and,
WHEREAS, the most practical way to compensate Developer for development of the
neighborhood park is a combination of fee credits and future reimbursements of
Parks and Recreation Development Impact Mitigation fees received as adjacent
properties develop;
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
1. Developer shall sell and City shall purchase that certain parcel of land more
particularly described below pursuant to the stated terms.and conditions:
ParkAgmt 1
Exhibit 1
A. Developer shall deliver to City a grant deed for that certain real property in the
County of Joaquin, State of California, as shown on Exhibit A attached hereto, and
described as:
Lot 1 of Bridgetowne Unit No. 1 containing 5.50 gross acres (including street
frontage) and 4.67 acres net.
B. Said deed shall be delivered to City upon completion by Developer and
acceptance by City of park irrigation and landscaping improvements constructed to
City specifications.
2. The sales price shall be One Hundred Twenty Thousand Dollars ($120,000) per
gross acre for a total of $660,000.00, which shall be payable upon transfer of title
as follows:
A. Developer shall receive Ten Thousand Dollars ($10,000) in cash at the time the
deed is recorded by the City.
B. Developer shall receive credit for any and all Parks and Recreation
Development Impact Mitigation Fees due and payable on the Bridgetowne
development as the property is developed.
C. Insofar as such cash payment and credits for Parks and Recreation fees
described above may not cover the purchase price and improvement costs to be
paid by City, Developer will be reimbursed the balance from Parks and Recreation
fees paid by other properties at such time as said properties develop. The area
from which said reimbursement shall be made is limited to that shown on Exhibit B.
D. The payment of such fees by other properties shall be the sole source of
revenue for reimbursement of the balance due Developer, and such
reimbursement shall not be payable until funds are actually received by City and in
accordance with this agreement.
3. Developer shall be entitled to an amount attributable to interest on the balance of
the purchase price owed to him in an amount equal to the annual percentage
change of the Engineering News Record (ENR) 20 Cities Construction Cost Index.
The balance due shall be calculated in January and July of each year beginning
January 1998 by the following formula: (ENR January 1 or July 1 of current year
divided by ENR six months prior) X (balance due six months prior less credits and
payments made during the previous six months). City shall provide a summary of
balance, credits, payments and adjustments to Developer every six months.
4. Developer, pursuant to plans and specifications approved in advance by the City,
shall grade the park site and install all standard off-site improvements fronting the
park in conjunction with the development of Unit No. 1 of Bridgetowne. Upon
completion and acceptance of the improvements by City, the cost of said
improvements as approved by the City Engineer, shall be added to the
reimbursable costs and shall be repaid in accordance with Section 3 of this
Agreement.
ParkNmt 2
Lxhibit 1
5. Developer, pursuant to plans and specifications approved in advance by the City,
shall install an irrigation system comparable to those being installed in other new
City parks, turf and trees within the park. Upon completion and acceptance of the
improvements by City, the cost of said improvements as approved by the City
Engineer, shall be added to the reimbursable costs and shall be repaid in
accordance with Section 3 of this Agreement.
6. In the event the estimated cost of the improvements described in Sections 4 and 5
exceed the amount of Parks and Recreation Development Impact fees due on
Bridgetowne, City shall either participate in the cost or redesign the project to
reduce the cost to the amount of said fees.
7. Developer shall be responsible for the park site, including, but not limited to,
maintenance, dust control and taxes until the site is acquired by the City in
accordance with the agreement.
8. Title to the property demised hereunder shall pass free of any liens or
encumbrances except current taxes due, if any. Developer shall obtain and
provide to the City at the time title passes, a release of any and all liens,
mortgages, or encumbrances on the portion of his property conveyed to the City
under this agreement. Title insurance, documentary stamps, and escrow fees (if
any) shall be the responsibility of the City.
9. The rights to any reimbursements hereunder are deemed personal to Developer
and shall not run with the land on the remainder of Developer's property, except
the fee credits described in Section 2 above.
10. City shall be responsible for all other park improvements including internal
walkways, lighting, special grading and park amenities. Developer shall cooperate
with City in the event City wishes to install all or a portion of these improvements in
conjunction with other park work by Developer.
11. City agrees to design the park improvements to be complementary to the design of
the Bridgetowne development as determined by the City. However, any entry
features to be installed in the street or at the southwest corner of the park in
conjunction with an entry feature on the opposite side of the street shall be the
responsibility of Developer, for both installation and maintenance costs. Land area
for said feature shall be deducted from the areas shown in Section 1 and the price
adjusted accordingly. City shall allow Developer to deed entry features, Turner
Road street lighting and landscaping to a lighting and landscape district so long as
the District contains adequate provisions for installation and maintenance.
12. It is agreed that time is of the essence. This agreement may be recorded and shall
inure to the benefit of the heirs, successors, or assigns of Developer. In
connection therewith, notice may be mailed to Developer at:
In the event a reimbursement due hereunder is unclaimed for two (2) years from
the date of mailing, it shall revert to the City. It shall be Developer's responsibility
to notify City of any change of address.
ParMgmt 3
�xhibit 1
13. Herein is set forth the entire agreement between the parties. The performance of
these conditions constitutes full performance and shall relieve City of all further
obligations or claims.
14. In the event either party hereto breaches the terms, conditions and covenants of
this Agreement, then, the prevailing party in any suit to enforce this Agreement or
restrain the breach thereof, shall in addition to any other relief or damages
awarded, be entitled to a reasonable attorney's fee and all costs of suit to be set
and determined by any court of competent jurisdiction and added to any judgment
obtained.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first
hereinabove mentioned.
CITY OF LODI, a Municipal Corporation DEVELOPER
By: H. Dixon Flynn, City Manager
ATTEST:
Jennifer Perrin, City Clerk
APPROVED AS TO FORM:
Randall A. Hays, City Attorney
ParkAgmt 4
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O V O
RESOLUTION NO. 96-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
APPROVING THE AGREEMENT FOR PURCHASE OF NEIGHBORHOOD
PARK SITE IN BRIDGETOWNE, UNIT NO. 1
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WHEREAS, the City of Lodi Park, Recreation and Open Space Master Plan includes a
future neighborhood park (Identified as Woodbridge Park in the Master Plan) within the
boundaries of the Bridgetowne development; and
WHEREAS, in conformance with the Master Plan, staff has negotiated an agreement for
acquisition of the park site with the developers of the Bridgetowne project; and
WHEREAS, the Agreement addresses reimbursement for the park site, installation of off-
site street improvements fronting the park site, and installation of specified on-site improvements
within the park as shown in Exhibit 1 attached hereto; and
WHEREAS, staff recommends approval of the Agreement for the purchase of a
neighborhood park site in Bridgetowne, Unit No. 1, and further recommends transfer/allocation of
funds from the Parks and Recreation Development Impact Mitigation Fee Fund in accordance with
the terms of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi hereby
approves the Agreement for the purchase of a neighborhood park site in Bridgetowne, Unit No. 1,
and directs the City Manager and City Clerk to execute said Agreement on behalf of the City; and
BE IT FURTHER RESOLVED by the City Council that funds be transferred/allocated from
the Parks and Recreation Development Impact Mitigation Fee Fund in accordance with the
Agreement.
Dated: November 6, 1996
I hereby certify that Resolution No. 96-167 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held November 6, 1996 by the following vote:
AYES: Council Members - Davenport, Mann, Pennino, Siegiock
and Warner (Mayor)
NOES: Council Members - None
ABSENT: Council Members - None
ABSTAIN: Council Members - None
J NN ER M. PE IN
ity Cl rk
I
96-167
CITY COUNCIL
DAVID P. WARNER, Mayor
PHILLIP A. PENNINO
Mayor Pro Tempore
RAY C. DAVENPORT
STEPHEN J. MANN
JACK A. SIECLOCK
Mr. Fred Baker
317 West Lodi Avenue
Lodi, CA 95240
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
November 1,-1996
Baumbach & Piazza
323 West Elm Street
Lodi, CA 95240
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
SUBJECT: Agreement for Purchase of Neighborhood Park Site in Bridgetown,
Unit No. 1 ($660,000)
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, November 6, 1996, at 7 p.m. The meeting will be held in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to address the Council at the Council meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch at
333-6800, ext. 659.
Jak L. onsko
Pu �c orks Director
JLR/Inn
Enclosure /
cc: City Clerk v/
NCPRKPRC.DOC