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HomeMy WebLinkAbout1992-01-28 - AGENDA REPORTS - VALENCIA MALL (2)y DATE: January 28, 1992 SUBJECT: Valencia Mall DEPARTMENT: City Manager BACKGROUND AGENDA REPORT City Manager Approval Item to be presented by: On September 24, 1990, an item was brought to the City Council which described several items to be included in an, agreement with Newhall Land and Farming regarding the financing of the Valencia mall. Staff was directed to draft and execute an agreement with Newhall Land and Farming to include the items described in the memorandum at that time. An agreement has been reached with Newhall Land.and Farming, but it is not exactly the same agreement as directed by Council. The variations are as follows: - Initially, the agreement was to have the City finance $9.95 million worth of public improvements funded through the sale of bonds. This agreement that has now been reached provides for no financing whatsoever by the City. Newhall Land and Farm will pay the full _amount of public improvements. The previous agreement provided for Newhall Land and Farming to annex 406 acres of land east of McBean, south of Newhall Ranch Road, west of Bouquet, and north of the current City boundary. The revised agreement provides for Newhall Land and Farming to support the annexation of the Builders Discount parcel to the City. - The new agreement provides for Newhall Land and Farming to design and construct a trail bridge over Bouquet Creek within one year of the approval of the agreement. The City will reimburse.the cost of 50S of the design and construction to Newhall Land and Farming. The previous agreement did not discuss this bridge. - The new agreement provides for Newhall Land and Farming to design, install, and maintain landscaping to provide a screen for homeowners on the Bouquet Creek flood channel. This.was not required under the old agreement. - The City would approve all permits and other requirements necessary in order to obtain a certificate of occupancy for the Builders Discount parcel. This was not discussed in the prior agreement. APPROVED pgEnOa llem:�.�L DATE: January 28, 1992 SUBJECT: Valencia Mall DEPARTMENT: City Manager BACKGROUND AGENDA REPORT City Manager Approval Item to be presented by: On September 24, 1990, an item was brought to the City Council which described several items to be included in an, agreement with Newhall Land and Farming regarding the financing of the Valencia mall. Staff was directed to draft and execute an agreement with Newhall Land and Farming to include the items described in the memorandum at that time. An agreement has been reached with Newhall Land.and Farming, but it is not exactly the same agreement as directed by Council. The variations are as follows: - Initially, the agreement was to have the City finance $9.95 million worth of public improvements funded through the sale of bonds. This agreement that has now been reached provides for no financing whatsoever by the City. Newhall Land and Farm will pay the full _amount of public improvements. The previous agreement provided for Newhall Land and Farming to annex 406 acres of land east of McBean, south of Newhall Ranch Road, west of Bouquet, and north of the current City boundary. The revised agreement provides for Newhall Land and Farming to support the annexation of the Builders Discount parcel to the City. - The new agreement provides for Newhall Land and Farming to design and construct a trail bridge over Bouquet Creek within one year of the approval of the agreement. The City will reimburse.the cost of 50S of the design and construction to Newhall Land and Farming. The previous agreement did not discuss this bridge. - The new agreement provides for Newhall Land and Farming to design, install, and maintain landscaping to provide a screen for homeowners on the Bouquet Creek flood channel. This.was not required under the old agreement. - The City would approve all permits and other requirements necessary in order to obtain a certificate of occupancy for the Builders Discount parcel. This was not discussed in the prior agreement. APPROVED pgEnOa llem:�.�L Page 2 Staff feels that this agreement is one that is very beneficial to the City and Newhall Land and Farming Company. It is recommended that the City Council approve this proposal. ATTACHMENT Draft Agreement between the City and Newhall Land and Farming regarding Valencia Town Center RRP/spw 2360a City of Santa Clarita Jill Klajic Mayor Howard "Buck" McKeon Mayor Pro -Tem Carl Boyer, 3rd Councilmember Jo Anne Darcy Councilmembor Jan Heidt Councilmember 23920 Valencia Blvd. Suite 300 City of Santa Clarity California 91355 December 4, 1991 4 3 Phone (805)259-2489 Fax (805) 259-8125 Mr. Gary Cusumano President The Newhall Land 23823 W. Valencia Santa Clarita, CA Dear Gary: and Farming Company Boulevard 91355 We believe we have drafted a proposal between the City of Santa Clarita (the "City") and The Newhall Land and Farming Company (the "Company") which incorporates the recent discussions we have had. The following is submitted for your consideration: The Company agrees as follows: 1. To grant the trail easements as indicated on Exhibit A. 2. To support the annexation of the Builders Discount parcel to the.City, with the intent to annex the parcel not before the opening of Builders Discount, but on thedayimmediately after the opening of Builders Discount. If annexation is unsuccessful for any reason outside the control of The Newhall Land and Farming Company, the rest of this agreement shall remain in full force and.effect. 3. To design and construct the trail bridge over Bouquet Creek within.one (1) year of the approval of this agreement. The City will reimburse the cost of fifty per cent (50%) of the design and construction to Newhall Land and Farming. 4. The Company has contributed $100,000 to the Small Business Development Center. 5. To design, install, and maintain landscaping to provide a screen to the height of the fence for adjacent homeowners on the Bouquet Creek flood control channel between Bouquet Canyon Road and Newhall Ranch Road, as a landscaping screen. December 4, 1991 Page 2 The City agrees as follows: 1. To support the formation of a Community Facilities District to provide Mello Roos financing up to $20 million for the Valencia Town Center. This will be completed as soon as possible. 2. To approve all permits and other requirements necessary in order to obtain a Certificate of Occupancy for the Builders Discount parcel. This letter represents both the City's and Newhall Land and Farming's complete understanding and agreement as to the issues referenced above. Sincerely, George A. Caravalho City Manager GAC/KRP/spw 2443 Agreed and accepted for the Newhall Land and Farming Company: Gary M. Cusumano Date SENT BY: COX, CASTLE&N I CHOLSON t 1-21-02 ;10,481M XOX,CASTLE&NICHOLSON OF RIVER TRAIL Newhall shall convey ("River Trail Easements"): 805 254 0761;# 3 the City the following easements 1. Lyons Avenue to Old Newhall Avenue Bridge. A 16' wide easement for pedestrian and bicycle trails (no equestrian) within the existing flood control easement on top f the channel lining, as shown on Exhibits A and B attached hereto. Until such time as a crossing is constructed at Orchard Village Road, the trail will leave the flood control easement at Wily Canyon Road and Pico Channel, continue along the sidewalk, cross Orchard Village Road, and then return to the South Fork flood control easement to Old Newhall Bridge. This easement shall include legal descriptions to allow for crossing Picc Channel and Orchard village Road. Newhall shall c nvey this easement concurrently with the executi n of this Agreement. Prior to the for the City, the Ci Newhall in writir an alternative Y The alternative Village Road on t road, on top of 1 oing easement being conveyed to shall have the right to notify of the City's election to select to for the foregoing easement. )ute would commence at Orchard existing southeast side service e channel lining, and proceed to k1S1LVER 19575 3647 V11 I 01/21/92 SENT BY:COX,CASTLE&NICHOLSON ; 1-21792 ;10 2. ;COX,CASTLE&NICHOLSON 805 254 0781;# 4 the Old Newhall Bridge, where the easement would turn northwest and cross over a paseo bridge (to be constructed by the City) to the existing flood control easement on top of the channel lining along the northwest si a of :the south Fork as shown on Exhibits A and E attached hereto. If the City selects the alternative route, no easement will be created between Lyons Avenue and Orchard Village Road. . An approximately 301 wide easement for pedestrian, bicycle, and equ strian uses as shown on Exhibit A and Exhibit B a tacked hereto within the flood control, easement and the eastern portions of the Southern California Edison easement. This easement shall also include legal descriptions for ramps (to be constructed by, the City) down to the Magic Mountain Parkway undercrossing for bicycles, pedestrians and equestrians. Along this stretch, Newhall will gra t three connections (as shown on Exhibits A ands) to the existing Valencia Paseo system for pedestrians and bicycles only. Newhall shall convey this easement concurrently with the execution of thi Agreement. 3. Magic Mountain Rarkway to Valencia Boulevard. A 151 wide easemen within the flood control easement R181LVER 19s?s 5667 V11 tz — 01121/92 SET BY:COX,CASTLE&NICHOLSON ; 1-21-92 ;10 ;COX,CASTLE&NICHOLSON� 805 254 0761;# 5 on top of the cannel lining on the flood control service road on the southwest side for bicycles and pedestrians. The equestrian trail easement along this section will be located within the flood control easement, either on the bottom of a soft channel or withia a 161 easement on the northeast side on top of the channel lining on the flood control servic road. (The final legal descriptions foz this section will be prepared after final design of the channel is approved by the appropriate. overnmental agencies.) The City has designed the new Magic Mountain Parkway Bridge to include a bic ale undercrossing. Newhall agrees to design its flood control improvements to include a ramp structure up from the bridge undercrossing, and a ramp down to the Valencia Boulevard undercrossing fo bicycles and pedestrians (on the southwest side) and equestrians (on the northeast side), if the equestrian trail is located on top of the lining. TlhiB easement shall include legal descriptions for such ramps. Newhall agrees to provide one water meter connection at the top of the lining (at a location mutually agreed to by both parties)t tJ a meter shall be registered in the City's name. and the City shall pay for the water used at such cc ection. The City will pay for all ramp constructi Newhall shall convey these RISILVER 19575 3647 V11 13 - 01/21/92 SENT BY:COX,CASTLE&NICHOLSON ; 1-21-22 ;10:50AM ;COX, CASTLE&NICHOLSON� 805 254 0761;# 6 4. easements upon 1 and 16281. New] (temporary) 16-1 pedestrians and e location of whit; both parties. ] easement upon th and permitting Sections 1 and 2 •ecordation of its Map Nos, 17362 Lall agrees to provide an interim oot wide easement for bicycles, ,questrians along this stretch, the i shall be mutually agreed.upon by lewhall shall convey this interim a city's completion of the design of the trails referenced in above. Valencia McBean Parkway, A 16' wide easement for pedestrian and bike trails within the flood control easement containing the flood control service road on the northerly side of the Auto Center. The eastern section of the bicycle/ pedestrian trail shall be. placed on the existing shelf above the channel bottom, andramped to connect to the existing flood control channel service road. a western section of the.bicycle/ pedestrian trail will continue west within the flood control easement on top of the channel lining and and at the outh and of the McBean Parkway/ Santa Clara Rive Bridge. Newhall agrees to pay for the construction of the eastern section of the trail, to include fencing, signage, grading, ramps and the construction of a hard surface trail at a cost (including design, engineering, permits, RISILVER 19575 3647 V11 14- 01/21/92 SENT BY:COX,CASTLE&NICHOLSON ; 1-21-92 ;10:50AM ;COX,CASTLE&NICHOLSON- 805 254 0781;# 7 insurance, surve s, title and inspections) not to exceed $50,000. Any cost in excess of $50,000 will be paid by the C ty. The equestrian trail easement will be located within the flood control easement either on the bo tom of a soft channel or on a 161 easement on the north.side of the channel on top of the channel lining on the flood control service road which will ramp down into the soft -bottom channel at the o flet dissipator structure between Valencia Boulevard and the Santa Clara River; the equestrian trail easement will continue westerly to the south end of the McBean Parkway/Santa Clara River Bridge. rhis easement shall also include legal descripti ns for all required ramping. Newhall shall convey these easements upon recordation of its Map Nos. 17362 and 16281. Newhall agrees to provide an interim (temporary) 16 -foot wide easement for bicycles, pedestrians and equestrians along this stretch, the location of which shall be mutually agreed upon by both parties. NewhalL shall convey this interim ease- ment upon the Ci yls completion of the design and permitting of th trails referenced in Sections 1 and 2 above and c nourrently with the conveyance of the interim (t porary) easement referred to in Section 3 above. RIS1[VER 19575 3647 V11 15- 01/21/92 SENT BY:COX,CASTLE&NICHOLSON ; 1-21-92 ;10:51AbI ;COX,CASTLE&NICHOLSON- 805 254 0761;# 8 5. Bouguat Canyon Road/Newhall Ranch Road, A 16' wide pedestrian, bike and equestrian trail easement commencing on th west side of Bouquet Canyon Road at the Espuella :treet signal and proceeding north to the flood control - service road on the southeasterly ails of the Bouquet Creek Channel. The easement continues southwest within the flood control easement on top of the channel lining containing the flood control service road on the southeasterly side of the Bouquet Creek Channel past the confluence of Seco Creek into Bouquet Canyon Creek wh re the easement turns northwest over a proposed 10, wide paseo bridge which will cross Bouquet Creek Channel, at a location mutually agreed to by boU parties, to the northwest side of the Channel then outhwest within the flood control easement on top of the channel lining to Newhall Ranch Road) then west along the north side of Newhall Ranch Rad across the Metropolitan water District right of way (the "MWD Right of way") where Newhall presently intends a lot wide paseo bridge over -crossing to be installed across Newhall Ranch Road and a connection to be established between the Newhall Ranch Road paseo bridge and the Santa Clara River within the MWD Right of Way, if possible. The exact location of the Newhall Ranch Road paseo bridge and the exact location of the MILVER 19575.3647 V11 "�6� 01/21/92 SFNiT'BY:COX,CASTLE&NICHOLSON 3 1-21-92 :10:52AM XOX,CASTLE&NICHOLSON� 805 254 0761:# 9 connection betwe n the paseo bridge and. the Santa Clara River remain to be determined. The City and Newhall may mutually agree to an alternative to the foregoing route that would read as follows: A 161 wide pedestrian, bike and equestrian trail easement commencing on the west side of Bouquet Canyon Road at the Espuella street signal and proceeding north to the Bouquet Canyon Road Bridge, across Bouquet Canyon Road Bridge over Bouquet Creek to the flood control easement on top of the channel 1 ping on the northwesterly side of the Bouquet Cre Channel; then southwesterly on top of the chann 1 lining over a proposed 10' wide paseo bridge which will cross Seco Creek, at a location to be determined, and continue southwest within the flood. control easement on top of the channel lining to Newhall Ranch Road, where the easement will co tinue west along the north side of Newhall Ranch R d as described in the preceding paragraph. This easement shIdges. 11 also include legal descriptions for ramps and br Depending on t:near, alternative selected, Newhall shall design, en survey and construct either RISILVER 19575 3647 V11 17- 01/21/92 SENT'BY-COX,CASTLE&NICHOLSON ; 1-21-92 ;10:52AM ;COX,CASTLE&NICHOLSON- &05 254 0761;#10 the Bouquet Canyon Creek paseo bridge or the Seco Creek paseo bridge within one year from the date these River Trail Easements are ,approved by the City Council, subject to the one-year period being extended, based n delays that are beyond Newhall's control. Promptly following completion of either the Bouquet Canyon or the Seco Creek paseo bridge, whichever is sal cted, and receipt by the City of a statement for such work, the City shall forthwith reimburse Newhall for fifty percent (50%) of the design, engineering, surveying, permitting and construction cosTs of such paseo bridge. Until a paseo bridge is installed over Newhall Ranch Road, an interim (temporary) 161 wide pedestrian, bike and equestrian trail easement will be established having the same alignment as set forth above to a point immediately west of the MWD Right of Way where the interim easement will continue west along the north side of Newhall Ranch Road to the intersection of McBean Parkway where the interim eas ment will turn south, crossing Newhall Ranch Ro d and continuing on the east side of McBean Parkway across the McBean-Parkway/Santa Clara River Bridge -where the interim easement will connect to the p destrian and bike trail easement RISILVER 19575 3647 V11 {g- 01/21/92 SENT'BY-COX,CASTLUNICHOLSON ; 1-21-92 ;10; referenced in interim easem+ ;COX,CASTLE&N1CH0LS0N 805 254 0761;#11 :tion 4 above. On the bridge the will be reduced from 16' to 101. Following the completion. of a passo bridge over Newhall Ranch Road at the MWD Right of Way and the construction of the trail within the permanent easement, the City will quitclaim the portion .of the interim easement described above that is not included within the permanent easement. Newhall shall convey Via interim easement immediately following the opening of Phase I of Valencia Town Center. Newhall shall convey the permanent easement in stages with the section of the easement located within each of the following maps being conveyed when th3 final map is recorded: Vesting Parcel Map No. J.9392 and Vesting Tentative Tract Map Nos. 44821 and 44823. In all instances in which the foregoing easements parallel a right of way, a -g., Bouquet Canyon Road, Newhall Ranch Rad and McBean Parkway, to the extent practicable and mutually agreed to by both parties, the eas ment shall be located within the right-of-way. 6. Access Easerent.1 An easement the ("River Bottom Easement") for p destrian, bicycle and equestrian RISILVER 19575 3647 V11 1- 01/21M SENT'BY:COX,CASTLE&NICHOLSON ; 1-21-32 ;10.53AM ;COX,CASTLE&NICHOLSON- 805 254 0761412 ingress to and a Iress from the easements described in Sections 1 nd 2 above, such River Bottom Easement to be 1 cated at the bottom of the South Fork of the Santa Clara River from the old Newhall Bridge north toe first downstream drop structure north of the c nfluence of the South Fork and Newhall Creek a>jd on the bottom of Newhall Creek from Newhall's 5: utherly property line in Newhall Creek to the co fluence with the South Fork, as shown on Exhibit C attached hereto. Newhall shall convey this easement upon the City's completion of the design and permitting of the trails referenced in Sections i an4 2 above. Any permits required for the maintenance or repair of any of the foregoing easements, lincluding any equestrian trails to be located in or along the Sant Clara River, will be applied for and obtained by the City Newhall. , Newhall will not Agreement, to construct crai the cooperation and support of required, as a part of this for trails at orchardvillage Road, Magic Mountain Parkway, Valencia Boulevard, Bouquet Canyon or Newhall Ranch Road. Any design or construction that is required of Newhall by the foregoing easements shall include City standards and specifications so long as such standards and specifications are consistent with design specifications of the Los construction standards and County Flood Control District. RISILVER 19575 3647 Vit -�0- 01/21/92 . SENT'BY- COX, CASTLEMICHOLSON ; 1-21-92 ;10*54Ahi ;COX, CASTLEMICHOLSON� 805 254 0761;#13 Following the construction of any permanent flood control improvements, City agrees to uitclaim any interim (temporary) trail easements which may have been granted prior to such construction. Following the construction of any permanent flood control improvements, Newhall a ses to relocate any easements that were located in the vicinity of the permanent flood control improvements so that, fall wing the completion of such improvements, the City will coni inue to have easements in the same approximate width and for the ame uses as existed prior to the completion of such improvements; provided, however, that with respect to the River Bottom Easement, the City agrees to quitclaim any area within the River Bottom Easement where permanent flood control improvements are const cted as well as those areas which are freed from flood, hazard as a result of such construction and the City further acknowledges and agrees that no relocated or replacement easements will be onveyed by Newhall in connection with any permanent flood control improvements that are constructed within the River Bottom Easemen . Newhall agrees that following the quitclaim of any area within the River Bottom Easement where permanent flood control improvements are constructed as well as those areas which are freed from flood hazard as a result of such construction, a sufficient portion of the River Bottom Easement shall remain so that pedestrian, bicycle and equestrian ingress to and egress from the easements de scribed in Sections'l and 2 above continues to be available.Inea grant by Newhall of a relocated easement shall be subject to same reservations and conditions as the grant of the original ement and shall be conditioned on RISnVER 19573 3647 V11 .11" 01/21/92 SENT BY:COX,CASTLE&NICHOLSON ; 1-21-92 ;10:55AM ;COX,CASTLE&NICHOLSON� 805 254 0761;#14 the receipt; by Newhall of quitc aim deed(s) from the City for any interim (temporary) easements that are no longer required. Following the completion of any permanent flood control improvements, the City shall be responsible for the replacement, improvement and landscaping of any. affected trails (pedestrian, biking and/or equestrian) ("Permanent Flood Control Trails") beyond the standard requirements imposd by the Los Angeles County Flood Control District for flood contr 1 structures, fencing and service roads. Any quitclaim deed gran d by the City to Newhall pursuant to the provisions of this Agl subject to the same exceptions the city, subject only to any granted by Newhall in accor Agreement. The City hereby agrees to inden partners, officers, directors, 1 representatives harmless from a demands,.judgments, debts, loss+ expenses, including attorneys personal injury and property indirectly, from the use (Inc repair) by the city or its employees or other persons shall be granted with title originally conveyed by Newhall to easements that may have been with the provisions of this , defend and hold Newhall, its areholders, employees, agents and and all claims, actions, suits, damages, liabilities, costs and fees and costs and including which arise, directly or improvement, maintenance and , subcontractors; agents, on the City8s behalf or from the use by the public of any of -the foregoing easements, and the City hereby acknowledges that each ant of easement will contain this provision. RISILVER 19579 3647 V11 -112- 01/21/92 SENT BY:COX,CASTLE&NICHOLSON ; 1-21-92 ;10 Except as otherwise stated it agreements (including easement, agencies or utilities, the city of the foregoing easements, t maintenance, repair, replacemer area, including, without 1111 fencing, signage, grading and easement area.in good repair ar ;COX,CASTLE&NICHOLSON� 805 254 0761;#15 this Agreement. or in any other reements) with other governmental hall, following the grant of each areafter be responsible for the and improvement of each easement :ation, surfacing, landscaping, amps. The City shall keep each free of weeds and trash. The City will prepare all easement documents, maps and legal descriptions for review and proval by Newhall, order title reports and obtain any necessarr written consents from underlying fee or easement holders. The City hereby acknowledges that the City's title to each of the easements shall be subject to covenants, conditions, restrictions, easements, encumbrances and other matters of record on the date each easement.is conveyed by Newhall to the City. The City hereby agrees that each easement will provide that Newhall retains the right to grant access and utility, including water, sewer. and cable, easements within the easement areas so long as such utility easements do not unreasonably interfere with the easements (or their intended use) granted. hereunder. City also agrees that each easement will contain a reservation in favor of Newhall authorizing Newhall, in connection with development maintenance, repair and/or construction activities adjacent to an easement area, to temporarily relocate easement a eas, at Newhall's expense, and/or to temporarily (not to exceed 0 days) close easement areas in RISILVER 19575 3647 v11 -p - 01/21/92 SENT BY:COX,CASTLE&NICHOLSON ; 1-21-92 ;10. ;COX,CASTLE&NICHOLSON- 805 254 0761;#16 connection with such development, maintenance, repair and/or construction activities. Following the completion of any development, maintenance, repair and/or construction activities, which necessitate temporary. relocation or temporary closure, Newhall shall, at .its sole cost and expense, restore any affected easement area to its condition rior to the commancement of such activities. The City hereby acknowledges bicycle, equestrian, recreati intended to be granted by Newha the foregoing easements. Each of the foregoing ea binding on the City's and RISILVER 19575 3647 V11 that no rights for pedestrian, nal or any other purposes are ,1 beyond the boundaries of any of shall run with the land and be 1's successors and assigns. 01/21/92 January 28, 1992 EXHIBIT A This exhibit includes the construction plans and drawing prepared by Willdan and Associates, 12900 Crossroads Parkway South, Suite 200, Industry, California, 91746-3499, titled ."Trail Construction Plans - South Fork, Santa Clara River, from Magic Mountain Parkway to .Lyons Avenue". This set has 13 sheets numbered T-1; C-1 through C-12, and is available for review in the Parks and Recreation Department, from 'the .City Trails Coordinator, Mr. Joseph Inch. January 28, 1992 EXHIBIT B This exhibit, not yet prepared, will be used to document and record the legal descriptions, including map book, page and parcel numbers as required to cover the areas described in text, attached hereto, setting forth the trail easements from Bouquet Canyon Road to the south end of the McBean Parkway bridge crossing the.Santa Clara River, and from Lyons Avenue to the south end of McBean Parkway bridge crossing the Santa Clara River. January 18, 1992 =ITBIT C This exhibit, not yet prepared, will be used to document and record the legal descriptions, including map book, and page and parcel numbers as required to cover the areas described in text, attached hereto, setting forth the river bottom easements from the Old Newhall Bridge North, to the first down -stream drop structure north of the confluence of the South Fork River, and on the river bottom of Newhall Creek from Newhall Land and Farm's southerly property line in Newhall Creek to the confluence of the South Fork River.