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HomeMy WebLinkAbout2013-02-26 - AGENDA REPORTS - BRIDGEPORT MOU (2)Agenda Item: _7 CITY OF SANTA CLARITA AGENDA REPORT NEW BUSINESS City Manager Approval: Item to be presented by: Rick Gould DATE: February 26, 2013 SUBJECT: MEMORANDUM OF UNDERSTANDING FOR BRIDGEPORT MARKETPLACE PARK DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION 1. City Council approve the Memorandum of Understanding (MOU) for Bridgeport Marketplace Park. Authorize City Manager, or designee, to sign all documents pursuant to City Attorney approval. BACKGROUND In December 2005, plans were approved for the Bridgeport Marketplace, located on the north side of Newhall Ranch Road, east of McBean Parkway. The nearly 26 -acre site was eventually developed with approximately 200,000 square feet of commercial buildings, including restaurants, a market, a drug store, a church, various smaller store fronts, and nearly 1,300 parking spaces to serve the diverse uses. Also included on the original map was an area of approximately five acres on the southwest portion of the site designated for a "future park." That area has remained rough -graded, but undeveloped to date, mainly due to the impacts of the recession and the existence of three other parks in the direct vicinity of the Marketplace. Much of the land under the parking lots for the center is designated as a special hazard area known as an "Alquist Priolo Special Study Zone." That state designation severely restricts the ability to build structures and is commonly reserved for parking areas and open spaces such as parks. The MOU is an attempt to create a compromise that will serve multiple needs while fulfilling the documented desire to have an open public green space in this portion of the shopping center. Early in 2011, representatives of the Real Life Church (RLC) and the owner of the Bridgeport Marketplace (BPM) approached City staff with an idea that would allow for the construction of the park at no up -front costs to the City. Because the City has not been in a position to fund the construction of a park on the land, the dedications provided under terms of conditions of approval for the center have not been accepted, thus the property remains in the hands of BPM. In November 2011, staff presented the concept of the MOU to the Parks, Recreation, and Community Services Commission during their regular meeting. Staff explained the idea and shared a conceptual drawing (see attachment) prepared in-house by City staff showing how the park could be laid out. The Commission was supportive of forwarding the idea to the City Council, but RLC had other priorities to attend to and the idea was shelved until their leadership once again requested staff approach the Council with the concept. On December 12, the Planning division brought the item before the Planning Commission with a request for a Conditional Use Permit (CUP). This approach was taken because, during the project approvals that reserved the land for the City, there had been no specific environmental finding for the use of the land as a park site. The Planning Commission granted CUP # 12-007 for a park at this site that would be valid regardless of whether the City or a partner were to construct the facility. The only public comment received during the two aforementioned public meetings was from a citizen who was concerned that the land had been provided to the City under a requirement to satisfy park obligations (Quimby dedications/fees) which might then prohibit the extended parking uses proposed under the MOU. From the outset of the original concept, staff carefully researched the origins of the dedications and confirmed that the land in question was clearly offered separate and apart from any Quimby obligations. The MOU essentially states that BPM and RLC would contract privately for the construction of the park and parking lot. When completed, the space and lot could be used for special events such as festivals, 5k walks, and other traditional park uses. The adjacent parking lot would provide substantially more spaces than required by code for the park itself which would benefit RLC, the shopping center, and the City at different "peak" times. The City would own the developed parkland in fee, and RLC would own the parking lot. The parking lot would have an easement in the City's favor so that the public could use the park and parking lot at any time. RLC would have the right to use the parking as well and the ability to schedule a specified number of special events on the park site. ALTERNATIVE ACTIONS Council may direct staff to accept the dedications of the property in anticipation of future revenues, creating an opportunity to develop the space for a park with the use of public funding only. Other actions as determined by Council. FISCAL IMPACT The intent of this MOU is to have no direct, immediate fiscal impact on the City. However if and when a public facility is constructed on the land, there would be ongoing maintenance, irrigation, and staff costs that would have to be borne by a future budget cycle to maintain the property to a level commensurate with other City parks. ATTACHMENTS Bridgeport Marketplace Conceptual Site Plan Draft MOU lme {�a . ! , - �� w — \ r, ~` \ / � _AK e Ax// \ BRIDGEPORT MARKETPLACE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into on the day of 20 by and between the City of Santa Clarita (hereinafter referred to as "City") and Bridgeport Marketplace, LLC (hereinafter referred to as "BPM"). City and BPM may hereinafter be referred to individually as "Party" and collectively as "Parties." WITNESSETH: WHEREAS, BPM seeks to transfer property to the City, and the City seeks to use such property as a park site. WHEREAS, The original development approval for the project identified the southeast corner as a potential park site but did not analyze specific environmental impacts due to the fact that final details were left for the future; NOW, THEREFORE, in recognition and appreciation of the mutual promises and conditions of the parties herein, as hereinafter set forth, the parties agree as follows: Location of Property The subject property is an approximately five -acre parcel located at the northwest corner of Newhall Ranch Road and Grandview Drive in the City of Santa Clarita, which is further described as Parcel 7 of Parcel Map 63295, Los Angeles County Assessor Parcel Number 2811-084-007, hereinafter referred to as "Property". 2. Property Transfer BPM will transfer approximately 2.4 acres of the Property to the Real Life Church (RLC), and approximately 2.6 acres of the Property to the City. (Subject to verification once the map and Park improvements are complete.) Property Development and Costs a. RLC will enter into an agreement with Intertex General Contractors, Inc. ("IGC") to construct a Parking Facility ("Parking) on RLC's portion of the Property and to construct a park on the City's portion of the Property ("Park"). The approximate configuration of each portion is shown on the attached site plan, hereinafter referred to as Exhibit A. The Parking will consist of pavement with striped parking spaces, driveways, landscaping, and lights. b. The park shall be designed by the City in accordance with City standards. The Park design will include general turf area, perimeter landscaping such as shrubs and trees, a gazebo/bandstand for small gatherings and basic park amenities such as lighting, irrigation, benches, water fountains, etc. In the event that the City cannot take the Property through metes and bounds, City shall subdivide the Property at its expense. If the Property is taken via metes and MOU Bridgeport Marketplace Park Page 1 of 5 bounds, the City shall apply for and record a Certificate of Compliance at its expense. C. RLC shall pay for the cost of the Civil Engineering for and construction of both the Park and the Parking. This includes any and all third -party permits, fees, bonds, approvals, or reports that are required. The City will pay for the NPDES fees and required landscape and irrigation plans for the Park. e. The City will provide General Liability and Property insurance for the Park. 4. Approvals The City shall secure any required approvals for the proposed uses. This includes approvals from the Planning Dept., Planning Commission, City Council, etc. as required, with the full cooperation of BPM and RLC throughout the duration of the approval processes. Additional Conditions The City shall not place any additional conditions on the development of the Property, including additional offsite improvements, above those which were already placed on the Property during the original improvement phase or are mandated by the City's Unified Development Code (UDC). 6. Maintenance The City shall maintain the Park in a manner similar to the maintenance of all other City parks. RLC will maintain the Parking as part of the overall maintenance of Bridgeport Marketplace. The City and RLC shall pay its pro -rata share of all common expenses, such as electricity, storm drain, lake maintenance and asphalt repair/replacement for common drive aisles associated with the Parking and the Park. The City's share of the common area maintenance costs shall not exceed $8,500 per year. CC&R's BPM will draft Covenants, Conditions, and Restrictions for the Parking and the Park to be mutually agreed upon by BPM, RLC and the City. Executed CC&R's will be recorded as deed restrictions on the appropriate properties. Use The City will manage and program the Park, and will allow up to 12 days per year of priority reservation of the park for RLC and/or BPM. Reservations will be granted on a first-come, first -serve basis according to existing reservation procedures. The Parking site may be used by the public and for City special events. An easement in favor of the public for parking purposes shall be recorded by the owner of the Parking. MOU Bridgeport Marketplace Park Page 2 of 5 9. Signaize A shared monument sign will be installed at the corner of Newhall Ranch Road and Grandview for the benefit of the City, RLC and BPM. The sign will be designed and installed at RLC's expense. The design will comply with City standards and will include the names of Bridgeport Marketplace, Real Life Church and the Park (name TBD). 10. Term Plans and specifications for the Parking and the City park shall be complete by the City in cooperation with RLC and BMP. Construction of the Parking and the City park shall be complete by (TBD). This agreement shall commence upon date of execution by the last Party to sign below, and shall terminate on (TBD). . Insurance City agrees to maintain, in full force and effect, at City's expense, the following insurance coverage from an admitted carrier in the State of California with a Best Rating of A -VII or higher: (i) Commercial General Liability Insurance naming District and the District's Board of Trustees as an Additional Insured, with limits of not less than one million dollars ($1,000,000) including bodily injury, broad - form property damage and blanket contractual liability, written on an "occurrence" basis; (ii) Employer's Liability Insurance with limits of not less than one million dollars ($1,000,000) per occurrence; (iii) Workers' Compensation Insurance as required by statutory insurance requirement of the State of California; and (iv) Automobile Liability Insurance covering all owned, non -owned and hired vehicles with combined single limit for bodily injury and/or property damage of not less than one million dollars ($1,000,000). Said insurance shall apply to the Park and the Parking. City agrees to name BPM's and RLC's Board of Trustees, its officers, agents, employees, and volunteers as Additional Insured under its policy/s. City shall deliver Certificate(s) of Insurance and Additional Insured Endorsement(s) evidencing the required coverage to BPM and RLC, which shall be subject to their Board's approval for adequacy of protection. The Certificate of Insurance shall provide thirty (30) days prior written notice of cancellation. 12. Indemnification and Hold Harmless City agrees to indemnify, defend, and hold harmless BPM, RLC, affiliates, subsidiaries, authorized representatives, directors, officers, agents, and employees against all liability for any judgments, awards, expenses, fines, penalties, attorneys' fees, or other claims for damages in connection with any suit, complaint, charge, proceeding, or action of any kind alleging a violation of any statutory or regulatory provision or otherwise arising out of the negligent act or willful misconduct by City, of its duties and responsibilities under this Agreement, unless such performance or non-performance occurred at the MOU Bridgeport Marketplace Park Page 3 of 5 7 direction of or was caused by BPM or RLC. This hold harmless and indemnification includes, but is not limited to, compensatory damages, punitive damages, regulatory fines and penalties, and extra -contractual liability. BPM and RLC agree to indemnify, defend, and hold harmless City, their, affiliates, subsidiaries, authorized representatives, directors, officers, agents, and employees against all liability for anyjudgments, awards, expenses, fines, penalties, attorneys' fees, or other claims for damages in connection with any suit, complaint, charge, proceeding, or action of any kind alleging a violation of any statutory or regulatory provision or otherwise arising out of the negligent act or willful misconduct by District, of its duties and responsibilities under this Agreement, unless such performance or non-performance occurred at the direction of or was caused by City. This hold harmless and indemnification includes, but is not limited to, compensatory damages, punitive damages, regulatory fines and penalties, and extra -contractual liability. 13. Understanding of the Parties This represents the entire understandings of the Parties. Any amendments shall be written and agreed to by both Parties as evidenced by their authorized signatures. IN WITNESS THEREOF, the Parties agree to the provisions of this MOU by having their authorized agents sign on the following page. MOU Bridgeport Marketplace Park Page 4 of 5 BRIDGEPORT MARKETPLACE, LLM BY: Signature of Authorized Representative PRINT NAME PRINT wo BOARD MEETING DATE OF APPROVAL/ RATIFICATION REAL LIFE CHURCH BY: Signature of Authorized Representative PRINT PRINT " DAT BOARD MEETING DATE OF APPROVAL/ RATIFICATION CITY OF SANTA CLARITA BY: Signature of Authorized Representative PRINT PRINT M TAX ID# TAX ID# MOU Bridgeport Marketplace Park Page 5 of 5