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HomeMy WebLinkAbout03/31/1992 BAKERSFIELD Lynn Edwards, Chair Conni Brunni Mark Salvaggio Staff: Lee Andersen AGENDA COMMUNITY SERVICES COMMITTEE Tuesday, March 31, 1992 4:00 p.m. City Manager's Conference Room 1. Agreements with Castle & Cooke regarding Silver Creek Park ~GREEMENT FOR DEVELOPMENT OF SILVER CREEK PARK THIS AGREEMENT, entered into on .April 8,. 1992, by and between the .CITY OF BAKERSFIELD, a municipal corporation, -hereinafter referred to as the "City" and CASTLE & COOKE DEVELOPMENT coRPORATION, a California corporation, herein referred to as the "Subdivider." RECITALS WHEREAS, the Subdivider is developing and subdividing land in the City of Bakersfield under the provisions of the Subdivision Map Act (Government Code sections 66410, et seq., referred to as the "Map Act"), and under the provisions of ~the Subdivision Ordinance of the City of Bakersfield (Title 16 of .the Municipal Code) referred to as the "Ordinance"; and WHEREAS, as a part of the original plan for the construction of the Silver Creek Development, Subdivider~ was required to provide three neighborhood parks; and WHEREAS, the City Council 'of the City passed Resolution · No. 219-91 on November 6, 1991, whereby the City. adopted General Plan Amendment 3-91, Segment V, consisting of an amendment to the Land Use Element from OS-P to LR on 12.9 (plus'Or minus) acres and from PS to OS-P on 14.17 acres, subject to certain .conditions of approval which require, among other things, that the Subdivider construct aD enhanced neighborhood park (hereinafter "Silver Creek Park") in lieu of the three parks previously described; and WHEREAS, said General Plan Amendment provides that 'City funding for recreation programming at the enhanced park shall be as approved by the City Council; and WHEREAS, the parties hereto shall, subsequent to the execution of this agreement, enter into a separate Improvement Agreement which shall address the specific plans and specifications. for the construction of the enhanced neighborhood park including, ~but not limited to, a detailed description -of the Basic and Enhanced Park Improvements to be construc=ed; and WHEREAS, the Subdivider and the City are desirous of- entering.into.this.agreement describing the duties and obligations of the parties relating to the construction, use and maintenance of such improvements; and WHEREAS, Subdivider desires to bereimbursed for certain costs associated with the construction of Silver Creek Park from park development and improvement fees collected by the City within the Silver Creek Development. NOW, THEREFORE, IT IS AGREED as follows:~ 1. IMPROVEMENTS TO BE CONSTRUCTED. The Subdivider shall construct, at its sole cost and expense, an enhanced neighborhood park as described in Resolution No. 219-91 and attachments thereto. All such park improvements shall be reviewed by a committee of the City Council and approved by the City Engineer. Such improvements are'generally described in Exhibit "A" attached hereto and incorporated herein by reference. 2. CITY RECREATION. PROGRAMS. The City Department of Community Services, Recreation Division has developed a "PROGRAMMING PLAN FOR CASTLE &i COOKE COMMUNITY PARK" a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. The City understands that the Subdivider would not have undertaken the actions necessary for approval of General Plan Amendment 3-91, Segment V, in the absence of reasonable assurance from the City that the improvements to be constructed by the Subdivider" as described on Exhibit "A" hereto would be utilized in a manner providing a benefit to the community through a professionally designed and managed recreation program. Accordingly, the City agrees that it shall, after acceptance of the said improvements and subjgct to available funding and approval by the City Council, operate and maintain a professionally.designed and managed recreation program utilizing the said improvements, which program shall be in general conformity with Exhibit "B" hereto. It is acknowledged and agreed by the City and the Subdivider that various factors not presently capable of prediction by either party may affect the ability of the City to operate a recreation program using the improvements described herein in a manner conforming to the present intent of the parties, but the City and the Subdivider nonetheless agree that the City shall use its best efforts to comply with the intent and spirit of this Agreement, and particularly with the provisions of this section 2. 3. REIMBURSEMENT OF SUBDIVIDER FOR C~RTA?N PAR~ I~_~RO~-[ENTS. The City and the Subdivider .agree that the Subdivider would be reqUired to provide certain Basic Park Improvements as described 'in Exhibit "C" pursuant to City ordinance..and the applicable General-Plan in its form prior to amendment by General Plan Amendment 3-91, Segment V. The itemized costs of said Basic Park Improvements for Silver Creek Park are estimated on Exhibit Pursuant to City ordinance, the City Council may also authorize enhancement of neighborhood parks. .The Enhanced Improvements for Silver Creek Park and their estimated itemized costs are generally described in Exhibit "E." ~ The City agrees that it shall reimburse theSubdivider for the actual cost of construction of said Basic Park Improvements and Two Hundred Twenty-Five Thousand and No/100 Dollars ($225,000.00) toward the actual cost of the Enhanced Improvements, but in no event to exceed the sum of One Million Three Hundred Thousand and No/100 Dollars ($1,300',000.00), from park development and improvement fees collected by the City pursuant to Bakersfield Municipal Code section 15.82 within the Silver Creek Development as shown on the map attached hereto as Exhibit "D." All remaining sums spent by the Subdivider in construction of the Enhanced Improvements shall be a contribution of the Subdivider, made voluntarily and without consideration, except for the promise of the City to use such Enhanced Improvements for the provision of professionally managed recreational programs to the general public as set forth in Section 2 above. Park development and improvement fees have been collected and, it is anticipated, will continue to be collected in the future within the Silver Creek Development. Such funds shall constitute the sole source of reimbursement to Subdivider and may be identified as the Panama Park Development Fee Trust account maintained by the City~ Payments under this agreement shall. commence no earlier than the~date of recordation and Notice of Completion for Silver Creek Park, and within fourteen ~(14) days of said recordation, the existing balance in said account shall be paid to Subdivider. Future fees Collected shall be paid to Subdivider on a semi-annual basis until the actual cost of construction of the Basic Improvements and Two HundredTwenty-Five Thousand and No/100 Dollars ($225,000.00) of the cost of the Enhanced Improvements, but in no event more than One Million Three Hundred ThouSand and No/100 Dollars ($1,300,000.00), has been paid. Payments, if funds are available, shall be made in January and July. The term of this reimbursement arrangement shall be for a period of fifteen (15) years from the date of this agreement or until such time that Subdivider is reimbursed as set forth in the preceding paragraph, whichever is the shorter period. After this time, the City shall not be obligated to further reimburse Subdivider. City shall have no liability for failure to collect any monies specified h%rein and cannot and does not pledgeitself in advance that such monies will be collected, although reasonable 3 effort wii1 bet made by-the City to collect same, or that the collection of such monies is valid or that there will be proceeds from reimbursement. The sums spent by the Subdivider in construction of Enhanced Improvements, as described in Exhibit "E" hereof, shall be a contribution of the SUbdivider, made voluntarily and without consideration except for the promise of the City to use such Enhanced Improvements for the provision of professionally managed recreational programs to the general public as set forth .in Section 2 above. 4. MANNER OF CONSTRUCTION. The improvements designed above shall be installed and constructed in accordance with all of the following: A. Title 16 of the Bakersfield Municipal Code; B. The California Subdivision .Map Act;. C. Approved plans and specifications; D. Adopted City standards; and E. Good engineering practices and workmanlike manner. 5. TIME FOR COMPLETION.. . Ail of said improvements shall be completed in full in accordance with the terms of this agreement and the Improvement Agreement within twenty-four (24) months from November 6, 1991, the date of the adoption by the City Council of Resolution No. 219-91, or any extension of said completion date granted by the City Council. · 6. IMPROVEMENT AGREEMENT. An Improvement Agreement, to be entered into by the parties hereto, shall describe and define the plans and specifications of the Basic Improvements and Enhanced Improvements to be constructed bY the Subdivider, and provide for security for the performance of the Subdivider relative to such construction. 7. CITY TO MAINTAIN IMFROVEMENTS UPON D~ICATION. After completion of construction of the Basic and Enhanced Improvements as described on Exhibits "C".and "E" hereto, and immediately upon dedication of said improvements to the City by the Subdivider, the City shall have the sole and exclusive duty to 4 maintain such improvements and the Subdivider shall be relieved of any further responsibility therefor. It is the intention of the City that the cost of maintenance of the Basic. Improvements is to be funded by Maintenance District Assessments of the Silver Creek area. 8. PERFORMANCE OF OBLIGATIONS AS SATISFACTION OF~ SUBDIVIDER'S PARK LAND AND CONSTRUCTION DUTIes. The City and the Subdivider agree that.performance of all obligations of 'the Subdivider as set forth in this Agreement and the Improvement Agreement referred to hereinabov~ shall constitute full and complete performance of the Subdivider's duty t° provide land and/or construct park improvements within the area generally located between Pacheco Road and Panama Lane, and Gosford Road and AShe Road, commonly known as the Silver CreekDevelopment. 9. ATTORNEYS' FEES ON SUIT. If any suit ~s brought for the recovery of any sum due under this Agreement, or to compel Performance of this Agreement, the prevailing party shall be entitled to such reasonable attorneys' fees as the court may determine and court cost andother nonreimbursable litigation expenses such as witness fees and investigation expenses, whether or not such action proceeds to judgment.. 'IN WITNESS WHEREOF, the parties to this agreement have executed the same on the day and year first mentioned herein. CITY OF BAKERSFIELD CASTLE & COOKE DEVELOPMENT 'CORPORATION By By CLARENCE E. MEDDERS, Mayor B~ APPROVED AS TO FORM: City Attorney Rev. 3/24/92 5 SILVEr( CREEK NEIGI ORHOOD PARK PROPOSED AMENITIES GPA 3-91. SEGMENT V (October 17.1991! 0 Amenities: TurfYIamdscaping Play Equipment Presctmol and E!ementary Age Children . Family Picnic/B B Q Security Lighting Parking - Ball Fields Softball/Football/So,car Meandering Trail' Miscellaneous Drinldng Fountains. Trash Receptade~ G:oup Picv. ic Lighted'Tennis Courts (2) r Horseshoe Pits ' Par and Frisbee Courses " Pavilion/Multi-Purvose Center (+/- 16.000 SI:) Volleyeall Badminton Office/Storage !pace Multi-Purpose Space CIa.ssrooms. Aerobics. Daycare, Ar~ & Crafts Swim Complex Swimrmng Pool 8 lanes. ~m long. diving one end Wading Pool Showe~ Res~ooms/Stora~e Ezhibit "A" ' ~)PARTMENT OF COMMUNITY SERVICES RECREATION DIVISION PROGRAMMING PLAN FOR CASTLE AND COOKE COMMUNITY PARK MARCH 25, 1992 Exhibit' "B" Page The following Programming plan, is presented for the proposed Castle and Cooke Community Park. The plan is based' on the park having all of the amenities previously submitted on the preliminary Master Plan, with the possible exception of · a swimming pool'replacing the roller blade skate arena. Areas which would be used on a· Programmed basis include tennis courts, multi-use playfield ( soccer, softball, flag football), the open spor~ts, pavilion and a 3000-square-foot recreation activity building. Areas such as the frisbee course, horseshoe pits and par course would be available to the public on a drop-in basis and would only be programmed for special events. I. ' Youth Activities .. '~) Summer Playground Drop-in Program. Activities may include sports, arts, crafts, special eyents,'field tri9s and structured theme days. B) After School PlaygroUnd Program. A'drop~in program may include arts, crafts, sports games and contests. II. .Youth Sports A) Flag Football. This league is designed to ~each youngsters the basic skills and fundamentals of football. B) -Basketball. The focus of this league will be of a clinical nature with emphasis on improving, skills in shooting, passing, dribbling and defense. C) T-Ball Baseball. This is an instructional league with emphasis on basic baseball skills and fundamentals.· D) Softball League-Spring. 'This league will be either fast or slow pitch depending upon demand, consisting of independent teams with volunteer coaches. Ail teams will be registered A.S.A. Season starts in late. March. E) Softball League-Summer. This is a slow pitch league emphasizing teamwork, sportsmanship and participation. F) Summer Sports Camp. A day camp program consisting of instruction in basic skills and techniques in basketball,. Softball, soccer, football, cheerleading, tennis and volleyball. The focus will be on individual enjoyment, participation and improvement without a high level of competition. G) Volleyball.- This. league will stress fundamentals, teamwork, sportsmanship and participation. Exhibit "B" Page 2 III. Adult Activities . ' A) Men's Basketball. This league will be full court, 5 on' 5, utilizing National'Federation High School rules with recreation League modifications. Class "A" "B" "C" and B) Co-Rec Volleyball. This league for independent teams, will offer divisions for strictly recreational as well as highly competitive teams. IV. Aquatics. Should a pool be constructed at the Community Park, the following standard activities may be offered. Swim for Fitness (Lap Swimming) Competitive Team Swim Swim Lessons: Adult, preschool, beginning; intermediate and advanced Recreational Swimming Available for.general public rental In addition to summer programming, the pool wilI be offered on a lease basis to local high school districts for swim instruction and league competition during the winter months, as well as to independent swim clubs for their practices and competition. V. Leisure Classes: There is no limiton the variety or type of classes that may be offered at the Community Park utilizing the 3000 square foot activity building or the other 'game courts orpiayfields available. These classes may range from the'instructional type such as sign language and baby sitting to artistic such as tole painting and stitchery or self improvement as memory enhancement and appetite control through hypnosis. Vi. Co-Sponsored Programs: Activities can be provided through cooperative efforts with other private or non-profit agencies such as the YMCA, Boys and Girls Clubs, School Districts, etc. Exhibit "B" Page 3 , Castle & C.~oke Deveiopmen~prp~.diion : S'dver ~eek. Nei~13borhood ~ pa~e one LO Pro~-ammia~ 9/l?ffl .... Revised: 9/2~199! ,Conceptual Budget 1. PART ONE. Mir~imum Requirements (LeVel One) L be consm.~cted by Castle & C.~olr~ Development · ~ r -;: ~ nese costs shaft be re/mbm, sed by the Cit7 of Bakm~eld from fees coiJected by the City w/th/n the Si/vet Creek C_.omm~ for park and recreation · development per Ord/nance 3327 and Resolution 140-90. o Eanhworlc o U,~ilities o LLads~p~fion o Walks o P~ ~pmen~ o G~oup Pt~c o M~cel~o~ . ~n~~ (~%) One Sub-To~ C~ Con~ Ov~ P~T ONE T~TAL .... Sl,0~ Exhibit "c" SILVER CREEK 'DEVELOPMENT' !'---t~t---t---t'--I-- I--t--I---I---I--- ,-I'---I--t--- J--l--f---t-- cou/vrr R-1 M-2 M-2 M-1 " R-1 M-1 ~ R-1 R-1 \ I \ I C- -2 ,, I R- -2 R-,.3 " ~I ~ T,IOS, R27E: .-~ 29227A' Exhibit "E"