HomeMy WebLinkAboutAgenda Report - December 18, 2002 E-10yOF�
.,. COMMUNICATION
COUNCIL
AGENDA TITLE: Adopt Resolution to Approve the Final Map and Improvement Agreement for
Century Meadows Two, Unit No. 4, Tract No. 3272, Authorize the City Manager to
Execute an Agreement for Acquisition of the Future Century Meadows Park Site
(Parcel A) and Appropriate Funds for Applicable Reimbursements
MEETING DATE: December 18, 2002
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the following actions for
the Century Meadows Two, Unit No. 4 development:
1. Approve the final map and improvement agreement for Century Meadows Two, Unit No. 4,
Tract No. 3272, and direct the City Manager and City Clerk to execute the improvement agreement and
map on behalf of the City.
2. Authorize the City Manager to execute an agreement for the acquisition of the future Century Meadows
Park site (Parcel A).
3. Appropriate funds for applicable reimbursements.
BACKGROUND INFORMATION: The subdivision is located east of Mills Avenue, north of
Harney Lane and south of the Century Meadows Two, Unit No. 3
development, as shown on Exhibit A. The development consists of
60 single-family residential lots and a 2.66 (net) acre parcel
(Parcel A) intended as a future park site.
The developer of the subdivision, FCB Building Partners I, L.P., has furnished the City with the
improvement plans, necessary agreements, guarantees, insurance certificates, and fees for the
proposed subdivision.
Park Site Reservation
The Park, Recreation and Open Space Master Plan adopted on January 19, 1994, identifies a future
neighborhood park site within the Century Meadows developments (Century Meadows Park, N-15). The
park site is included in the Century Meadows Two, Unit No. 4 subdivision and is referenced on the final
map as Parcel A (Exhibit A). To date, the City has not entered into negotiations with the developer for
the purchase of the park site.
Under the terms of Subdivision Map Act Section 66480 (Exhibit B), if the parcel is to be reserved as a
park site, the City must, at the time of approval of the final map, enter into a binding agreement to
acquire the reserved area within two years after the completion and acceptance of all improvements.
The Subdivision Map Act also sets forth the criteria for determining the purchase price. Since the Parks
and Recreation Commission and the City Council have previously expressed a desire to retain the park
site in the Century Meadows Two development, staff has prepared and the developer has executed the
APPROVED:
Flynn -- City Manager
CCAgreementFinalMap_CM2_4 12/06/02
Adopt Resolution to Approve the Final Map and Improvement Agreement for Century Meadows Two,
Unit No. 4, Tract No. 3272, Authorize the City Manager to Execute a Binding Agreement for Acquisition of
the Future Century Meadows Park Site (Parcel A) and Appropriate Funds for Applicable Reimbursements
December 18, 2002
Page 2
necessary agreement to reserve Parcel "A" as a future park site. A copy of the agreement is attached
as Exhibit C. If the Council wishes to retain the park site, staff requests that Council authorize the
City Manager to execute the agreement on behalf of the City.
Approval of the agreement obligates the City to purchase the park site. Staff will work with the
developer to establish the price and return to Council for purchase authorization within the specified time
frame. Funds for the park site acquisition will come from the Development Impact Mitigation Fees for
Park and Recreation Facilities.
Reimbursements
The developer is entitled to reimbursement by the City for oversize master plan water mains and excess
width street pavement improvements in Harney Lane being constructed with this project. The
reimbursements will be applied as a credit against development impact mitigation fees for water facilities
and local street facilities, respectively, in conformance with LMC §16.40 Reimbursements for
Construction.
The subdivision improvements also include the installation of street improvements along the future park
site frontages on Lexington Drive and Millbrook Drive. Since the City is entering into a binding
agreement to purchase this property, the developer will be reimbursed for the park site frontage
improvements in conformance with LMC §15.44 and §16.40. The reimbursement will be applied as a
credit against Development Impact Mitigation Fees for Park and Recreation Facilities when the
improvements are complete and accepted by the City.
Staff requests that funds be appropriated to cover the required reimbursements.
FUNDING: IMF — Local Street Facilities (MTS1014) $17,000
IMF — Water Facilities (MWS1023) $ 6,000
IMF — Park and Recreation Facilities (MPR059) $65,000
Funding Available:
Finance Director
IQ
Richard C. Prim r.
Public Works Director
ieWrl
Parks and Recreation D ec r
Prepared by Sharon A. Welch, Senior Civil Engineer
RCP/SAW/pmf
Attachments
cc: Senior Civil Engineer Welch
FCB Building Partners I, LP
Baumbach & Piazza
C CAgreementF1 nal Ma p_C M2_4
CITY OF LODI
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S.J.COUNTY LINE
CENTURY MEADOWS TWO, UNIT NO. 4
EXHIBIT B
GOVERNMENT CODE
SECTION 66479-66482
66479. There may be imposed by local ordinance a requirement that
areas of real property within the subdivision be reserved for parks,
recreational facilities, fire stations, libraries, or other public
uses, subject to the following conditions:
(a) The requirement is based upon an adopted specific plan or an
adopted general plan containing policies and standards for those
uses, and the required reservations are in accordance with those
policies and standards.
(b) The ordinance has been in effect for a period of at least 30
days prior to the filing of the tentative map.
(c) The reserved area is of such size and shape as to permit the
balance of the property within which the reservation is located to
develop in an orderly and efficient manner.
(d) The amount of land reserved will not make development of the
remaining land held by the subdivider economically unfeasible.
The reserved area shall conform to the adopted specific or general
plan and shall be in such multiples of streets and parcels as to
oermit an efficient division of the reserved area in the event that
it is not acquired within the prescribed period; in such event, the
subdivider shall make those changes as are necessary to permit the
reserved area to be developed for the intended purpose consistent
with good subdividing practices.
66480. The public agency for whose benefit an area has been
reserved shall at the time of approval of the final map or parcel map
enter into a binding agreement to acquire such reserved area within
two years after the completion and acceptance of all improvements,
unless such period of time is extended by mutual agreement. The
purchase price shall be the market value thereof at the time of the
filing of the tentative map plus the taxes against such reserved area
from the date of the reservation and any other costs incurred by the
subdivider in the maintenance of such reserved area, including
interest costs incurred on any loan covering such reserved area.
66481. If the public agency for whose benefit an area has been
reserved does not enter into such a binding agreement, the
reservation of such area shall automatically terminate.
66482. The authority granted by this article is additional to all
other authority granted by law to local agencies relating to
subdivisions and shall in no way be construed as a limitation on or
diminution of any such authority.
http://www.leginfo.ca.gov.../displaycode?section=gov&group=66001-67000&file=66479-6648 12/03/2002
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
AGREEMENT
EXHIBIT C
THIS AGREEMENT entered into by and between the CITY OF LODI, hereinafter referred to as "City",
and FCB BUILDING PARTNERS I, LP, hereinafter referred to as "Developer".
WITNESSETH:
WHEREAS, the parties have entered into an Improvement Agreement approved by the City Council
on December 18, 2002, which Agreement covers the responsibilities of City and of Developer for the
Century Meadows Two, Unit No. 4, Tract No. 3272 subdivision; and
WHEREAS, a planned neighborhood park site, as shown in the City's Parks, Recreation and Open
Space Master Plan, is located within said subdivision; and
WHEREAS, the proposed park site is shown on the final map for the subdivision as Parcel "A" in
conformance with the conditions of the tentative map for the subdivision; and
WHEREAS, City and Developer have not entered into negotiations for the acquisition of the park site
by City; and,
WHEREAS, City is desirous of reserving Parcel "A" as a future park site in conformance with the City's
Parks, Recreation and Open Space Master Plan;
NOW THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. That the Developer shall reserve for acquisition by the City in conformance with Section 66480 of
the Subdivision Map Act that certain parcel of land more particularly described as follows:
Parcel "A" as shown on the final map for Century Meadows Two, Unit No. 4, Tract No. 3272, filed
for record in Book of Maps and Plats at Page , San
Joaquin County Records.
2. That the City shall acquire said Parcel "A" within two (2) years after the completion and
acceptance of all public improvements constructed with the Century Meadows Two, Unit No. 4,
Tract No. 3272 subdivision, unless said period of time is amended by written mutual agreement.
3. That the purchase price shall be based on the market value of said Parcel "A" on August 22, 2001,
the date of approval of the vesting tentative map for the Century Meadows Two, Unit No. 4, Tract
No. 3272 subdivision, plus the taxes against Parcel "A" from the date of this agreement and any
other costs incurred by the developer in the maintenance of Parcel "A", including interest costs
incurred on any loan covering Parcel "A".
4. Developer shall be responsible for Parcel "A", including, but not limited to, maintenance and dust
control until acquisition by the City.
5. At the time of acquisition by the City, title to Parcel "A' shall pass free of any liens or
encumbrances except current taxes, if any. Developer shall obtain and provide to the City at the
time of acquisition, a release of any and all liens, mortgages, or encumbrances on
Parcel "A".
6. This agreement shall 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:
7. 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.
8. 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" 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, Developer and City have caused their names to be hereunto affixed and the
City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers
thereunto duly authorized.
FCB BUILDING PARTNERS I, LP
Date
CITY OF LODI, A MUNICIPAL CORPORATION
By:
H. Dixon Flynn, City Manager Date
ATTEST:
Susan J. Blackston, City Clerk Date
APPROVED AS TO FORM:
Randall A. Hays, City Attorney
2
RESOLUTION NO. 2002-252
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
FINAL MAP AND IMPROVEMENT AGREEMENT FOR CENTURY
MEADOWS TWO, UNIT NO. 4, TRACT NO. 3272, FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR ACQUISITION OF THE FUTURE CENTURY MEADOWS PARK
SITE (PARCEL A), AND FURTHER APPROPRIATING FUNDS FOR
THE APPLICABLE REIMBURSEMENTS
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Final Map and Improvement Agreement for Century Meadows Two, Unit
No. 4, Tract No. 3272 between the City of Lodi and FCB Building Partners I, L.P., and
further authorizes and directs the City Manager and City Clerk to execute the
Improvement Agreement and Final Map on behalf of the City of Lodi; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and
directed to execute an Agreement for the acquisition of the future Century Meadows
Park site (Parcel A); and
BE IT FURTHER RESOLVED, that funds in the amount of $88,000.00 be
appropriated as follows for the applicable reimbursements:
IMF — Local Street Facilities (MTS1014) $17,000
IMF — Water Facilities (MWS1023) $ 6,000
IMF — Park and Recreation Facilities (MPR059) $65,000
Dated: December 18, 2002
hereby certify that Resolution No. 2002-252 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 18, 2002 by the
following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2002-252
CITY COUNCIL
SUSAN HITCHCOCK, Mayor
EMILY HOWARD
Mayor Pro Tempore
JOHN BECKMAN
LARRY D. HANSEN
KEITH LAND
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
December 12, 2002
FCB Building Partners I, L.P. Baumbach & Piazza
c/o Frontiers Development 323 W. Elm Street
3247 W. March Lane, Ste. 220 Lodi, CA 95240
Stockton, CA 95207
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
SUBJECT: Adopt Resolution to Approve the Final Map and Improvement Agreement
for Century Meadows Two, Unit No. 4, Tract No. 3272, Authorize the
City Manager to Execute an Agreement for Acquisition of the Future
Century Meadows Park Site (Parcel A) and Appropriate Funds for
Applicable Reimbursements
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, December 18, 2002. The meeting will be held at 7 p.m. 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 write to the City Council, please address your letter to City Council,
City of Lodi, P.O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
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 Susan Blackston, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch,
Senior Civil Engineer, at (209) 333-6800, extension 2659.
!t
Richard C. Prima, Jr.
-dor • Public Works Director
RCP/pmf
Enclosure
cc: City Clerk
NCCAGREEMENTFINALMAP_CM2_4