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HomeMy WebLinkAbout2008 CON Constellation Property Group - Donation Elm TreesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CONSTELLATION PROPERTY GROUP THIS AGREEMENT is entered into this 6th day of May, 2008, by and between the TIIE CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CONSTELLATION PROPERTY GROUP (the "DEVELOPER"). RECITALS WHEREAS, the City's Community Development Commission has entered into a Disposition and Development Agreement for the Centro Condomiun project to be located on approximately 1.2 acres mid -block between National City Boulevard and 1) Avenue on 12th Street; and WHEREAS, to construct the project the DEVELOPER must remove approximately 40 mature Chinese elm trees; and WHEREAS, the DEVELOPER has offered to donate 13 mature trees and one large mature tree to the CITY and will transport and replant the trees at DEVELOPERS' expense of $25,171.50 at relocation sites in Kimball Park; and FOLLOWS: WHEREAS, the following findings are made as required by City Council Policy #204 1. The donation is consistent with the City's Donation Policy (the "Policy") and with City goals and objectives, specifically Strategic Goal 3c "Support City Parks and Open Space"; 2. The City Council may decline this donation without comment or cause; 3. The donation does not conflict with local, state or federal law; 4. The trees will be aesthetically acceptable to the City; 5. The donation will add to the workload of City staff in that the trees will have to be maintained once they arc relocated, however this cost is more than compensated by the value of the donations, as mature Chinese elms are worth more than $2,500 ($32,500 $16,000 plus planting expenses of $21,000 = total donation value of more than S71,171.50); 6. The donation will not bring unforeseen or hidden costs; 7. The donation places no restriction on the City; 8. The trees shall become property of the City once any or all of them are relocated onto City property; 9. Recognition of the Constellation Property Group in the form of a small plaque will be placed in the general area of replanting; 10. The donation will be accepted by the Finance Department on behalf of the Public Works Department as required by the Policy; 11. There will be no cash donation associated with this donation; 12. At the time of acceptance of any or all of the trees, the donation will be acknowledged in a form acceptable to the City Attorney and with a copy forwarded to the Finance Department. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS Revised August 2005 • 1. DONATION AND DISPOSITION OF TREES. Constellation Property Group will relocate 14 mature elm trees and replant them in locations identified by the Planning and Public Works Departments at Kimball Park. 2. ONGOING MAINTENANCE. Once successfully planted at the identified sites in Kimball Park, the trees will become the property of the City of National City, which will be responsible for all ongoing care and maintenance. Constellation Property Group will have no continuing responsibility related to the trees donated to the City. 3. COMPLIANCE WITH APPLICABLE LAW. The DEVELOPER, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 4. INDEMNIFICATION AND HOLD HARMLESS. The DEVELOPER and its sub -contractors agrees to defend, indemnify, and hold harmless the the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the DEVELOPERS negligent performance of this Agreement. 5. WORKERS' COMPENSATION. The DEVELOPER and its subcontractors shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the City and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the City or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the DEVELOPER and its subcontractors under this Agreement. 6. INSURANCE. The DEVELOPER, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Comprehensive general liability insurance, with minimum limits of $2,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of DEVELOPER's employees. E. The aforesaid policies shall constitute primary insurance as to the City, its officers, employees, and volunteers so that any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the City of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the City and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the DEVELOPER shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIIl according to 2 Revised August 2005 the current Rest's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are tiled with and approved by the CITY's Risk Manager. If the DEVELOPER does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 7. TERMINATION. A. This Agreement may be terminated with or without cause by the DEVELOPER or City. Termination without cause shall be effective only upon 10-day's written notice to the DEVELOPER or City. 8. RECOGNITION OF DONATION. The City intends to recognize the donation by placing a permanent engraved marker in the vicinity of the relocation site. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY 4JV AT t1. AL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser. III, City Attorney CONSTELLATION PROPERTY GROUP (A Avenue) LP, By: Constellation Property Management, Inc.its General Partner By: 3 Revised August 2005 RESOLUTION NO. 2008 — 76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE DONATION FOURTEEN MATURE CHINESE ELM TREES, AND PLANTING AND RELOCATION SERVICES FOR A TOTAL DONATION VALUE OF $71,171.50 FROM THE CONSTELLATION PROPERTY GROUP, AND AUTHORIZING THE MAYOR TO EXECUTE THE DONATION AGREEMENT WITH THE CONSTELLATION PROPERTY GROUP AS REQUIRED BY THE CITY'S DONATION POLICY WHEREAS, the Community Development Commission ('CDC") has entered into a Disposition and Development Agreement with Constellation Property Group ("Constellation") for the Centro Condominium Project located on approximately 1.2 acres mid -block between National City Boulevard and D Avenue on 12'h Street; and WHEREAS, to construct the project Constellation must remove approximately 40 mature Chinese elm trees; and WHEREAS, Constellation has offered to donate 14 mature Chinese elm trees to the CITY, and will transport and replant the trees at Constellation's expense of $25,171.50 at relocation sites in El Toyon Park and Kimball Park; and WHEREAS, the following findings are made as required by City Council Policy No. 204: 1. The donation is consistent with the City's Donation Policy (the "Policy") and with City goals and objectives, specifically Strategic Goal 3e "Support City Parks and Open Space". 2. The City Council may decline this donation without comment or cause. 3. The donation does not conflict with local, State or federal law. 4. The trees will be aesthetically acceptable to the City. 5. The donation will add to the workload of City staff in that the trees will have to be maintained once they are relocated, however, this cost is more than compensated by the value of the donations, as mature Chinese elm trees are worth more than $2,500 ($30,000 plus $16,000 for a very large tree, plus relocation and planting expenses of $25,171.50 = total donation value of $71,171.50). 6. The donation will not bring unforeseen or hidden costs. 7. The donation places no restrictions on the City. 8. The trees shall become property of the City once any or all of them are relocated onto City property. Recognition of the Constellation Property Group in the form of a small plaque will be placed in the general area of the replanting at Kimball Park. Resolution No. 2008 - 76 May 6, 2008 Page 2 10. The donation will be accepted by the Finance Department on behalf of the Public Works Department as required by the Policy. 11. There will be no cash donation associated with this donation. 12. At the time of acceptance of any or all of the trees, the donation will be acknowledged in a form acceptable to the City Attorney, and with a copy forwarded to the Finance Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the donation of 14 mature Chinese elm trees, and planting and relocation services valued at more than $71,171.50 from the Constellation Property Group. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Donation Agreement with Constellation Property Group for the donation of 14 mature Chinese elm trees and planting services. PASSED and ADOPTED this 6th day of May, 2008. Ron orrison, Mayor ATTEST: i/ Mic ael R. Della / ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on May 6, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 7 i City CI r of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-76 of the City of National City, Califomia, passed and adopted by the Council of said City on May 6, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6 2008 AGENDA ITEM NO. 14 ITEM TITLE A resolution accepting the donation of 14 mature Chinese elm trees, relocation and planting services valued at $71,171.50 from the Constellation Property Group and approving the Donation Agreement as required by the City's Donation Policy. PREPARED BY (� Patricia Beard, 4255 Redevelopment Manager DEPARTMENT .pq _0( Redevelopment Division EXPLANATION In order to develop the Centro condominiums on 12th Street, the Constellation Property Group had to remove about 40 mature Chinese elm trees from the project site. Constellation Property Group boxed the majority of the trees for re -use in the project and also at another development site they own in the San Diego area and offered to donate 13 mature trees and one extraordinarily large tree to the City. After several discussions, El Toyon Park and Kimball Park were identified as preferred sites for the trees. Staff from the Planning and Public Works Departments coordinated the relocation and, to achieve efficiency and save community resources, Constellation Property Group also offered to transport and re -planting of the trees to Kimball Park. The attached agreement makes the findings required by the City's Donation Policy and states the donation will be commemorated by a small plaque to be placed in Kimball Park. Environmental Review Not applicable Financial Statement The value of the donation is $71,171.50 including both the trees, labor and equipment. The Public Works Department has determined that maintenance costs for the trees will be minimal and more than offset by the value of the donation. Account No. STAFF RECOMMENDATION Adopt the resolution BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Proposed Donation Ageement Resolution No. a o o w A-200 (9/80) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 May 13, 2008 Mr. Wayne Hann Development Director Constellation Property Group 1133 Columbia Street, Suite 101 San Diego, CA 92101 Dear Mr. Hann, On May 6°i, 2008, Resolution No. 2008-76 was passed and adopted by the City Council of the City of National City, authorizing execution of an agreement with Constellation Property Group. We are forwarding for your records a certified copy of the above Resolution and a fully executed copy of the agreement. Sincerely, ;41(14 Michael R. D la, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper