HomeMy WebLinkAboutCDC/2004-20
RESOLUTION NO. CDC/2004-20
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
('AGENCY") TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING ("MOU") WITH CENTURY CROWELL
COMMUNITIES, L.P. ("CENTURY") RELATIVE TO THE
ACQUISITION AND DEVELOPMENT OF THE SITE LOCATED IN THE
NORTH VERDEMONT AREA (100 ACRE BICE PROPERTY AND 5
ACRE CITY PROPERTY ON LITTLE LEAGUE DRIVE AND
FRONTAGE RD.)
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WHEREAS, the Agency owns the approximate 100 acre vacant property located on
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Frontage Rd., north of Little League Drive, commonly referred to as the Bice property and the
Agency will soon acquire from the City of San Bernardino ("City") the approximate 5 acre
vacant parcel of land located on Little League Drive, east of Frontage Rd., collectively referred
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to herein as the Site; and
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WHEREAS, the Agency is prepared to consider and study the development of the Site
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and enter into a Memorandum of Understanding (MOU) with Century Crowell Communities,
L.P. ('Developer") to facilitate the disposition and development of the Site so as to foster the
community economic development goals and objectives of the Agency and the City as it relates
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to the development of the north Verdemont Area;
Whereas, the Agency intends together with the Developer to initiate certain additional
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studies and proposals to address a number of community issues relating to elimination and
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prevention of the spread of blight on and from the Site and specifically to explore the feasibility
of developing the Site for residential purposes in accordance with the City's General Plan; and
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WHEREAS, the Developer is qualified to assist the Agency to undertake the study of
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specific proposals and plans for a coordinate and economically sustainable redevelopment
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project on the Site, which will require specific study, evaluation and planning by the City and
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Agency, as applicable, and in accordance with the provisions of the MOU; and
WHEREAS, in accordance with the provisions of the California Environmental Qualit
Act (CEQA), an MOU is exempt from the provisions of CEQA.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
Section 1. The Community Development Commission hereby authorizes and
approves the Memorandum of Understanding by and between the Agency and Developer in the
form as presented at the meeting of the Commission at which this Resolution is adopted and
hereby authorizes the Executive Director to execute the Memorandum of Understanding on
behalf of the Agency together with such technical and conforming changes as recommended by
the Executive Director and approved by the Agency Counsel.
The Resolution shall become effective immediately upon its adoption.
Section 2.
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
('AGENCY") TO EXECUTE THE MEMORANDUM OF
UNDERST ANDING ("MOU") WITH CENTURY CROWELL
COMMUNITIES, L.P. ("CENTURY") RELATIVE TO THE
ACQUISITION AND DEVELOPMENT OF THE SITE LOCATED IN THE
NORTH VERDEMONT AREA (100 ACRE BICE PROPERTY AND 5
ACRE CITY PROPERTY ON LITTLE LEAGUE DRIVE AND
FRONTAGE RD.)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a j t. regularmeeting
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thereof, held on the 6th day of July , 2004, by the following vote to wit:
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Commission Members: Ayes Nays Abstain Absent
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ESTRADA X
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LONGVILLE X
13 MCGINNIS X
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15 KELLEY X
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16 JOHNSON X
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17 MC CAMMACK X
July
,2004.
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20 The foregoing resolution is hereby approved this &711 day of
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By:
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MEMORANDUM OF UNDERSTANDING
PARTIES: (1) REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, AND (2) CENTURY CROWELL COMMUNITIES, L.P.
DATE: JUL Y 6, 2004
RE: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
OUTLINE OF PROPOSED GENERAL TERMS OF SALE OF 105 ACRES
OF PUBLICLY OWNED LANDS IN THE CITY OF SAN BERNARDINO
(COMMONLY KNOWN AS THE BICE PROPERTY)
I. Introduction
The Redevelopment Agency of the City of San Bernardino, a public body corporate and politic
(the "Agency") is the owner of certain lands in the Verdemont area of the City of San Bernardino
(the "City"). These Agency-owned lands are commonly known and referred to as the "Bice .
Property." The Bice Property is approximately one hundred (l00) acres (more or less) in size
and is undeveloped plus the approximately five (5) acre undeveloped parcel on the frontage road
and Little League Drive (collectively, the "Bice Property" or the "Site"). The Bice Property is
situated near the foothills of the San Bernardino mountains adjacent to the 1-215 Freeway and
has rather flat terrain with a gradual slope to the south and in traversed by a power line easement
and a County Flood Control Channel. A vicinity map is attached to this document which
generally illustrates the location of the Bice Property in relation to certain nearby features
(Exhibit "A").
A formal presentation was made by Century Crowell Communities, L.P. ("Century" or the
"Buyer") to the Redevelopment Committee and Agency Staff to explore the Agency's interest in
selling the Bice Property to Century for development and resale with new single family homes to
be constructed thereon by Century (the "Project"). The Redevelopment Committee on May 4,
2004, requested that a more detailed summary of the relevant deal points be negotiated and
drafted between the Agency Staff and Century and to then be submitted to the Redevelopment
Committee at the meeting on May 18, 2004. At that time, the Redevelopment Committee
recommended approval of this MOU and forwarded that recommendation to be considered by
the full membership of the Community Development Commission of the City of San Bernardino
(the "Commission") for their approval and direction to proceed with the drafting of the
Disposition and Development Agreement for the Bice Property.
The terms set forth below in this Memorandum of Understanding ("MOU") do not constitute an
offer of the Agency to sell the Bice Property nor the acceptance of any offer to purchase on
behalf of Century. The governing board of the Agency must approve the terms of any such offer
of the Agency by an affirmative vote of its members at a public meeting of the Commission. In
addition, the specific and mutually agreed upon terms of sale for the Bice Property shall be
subject to a separate approving vote of the members of the Commission at a public hearing held
for such purpose under the provisions of Health and Safety Code Section 33433.
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Therefore, listed below are the general sale terms discussed as of the date of this MOD:
II. Defined Terms used in this Outline of Proposed Terms of Sale
Certain words and phrases shall have the following meanings when used in this MOD:
. "Buyer" means and refers to Century Crowell Communities, L.P., a California limited
partnership.
. "Deposit" means and refers to an account to be established by the Buyer and the Agency
under the DDA. The Deposit shall be comprised of the Initial Deposit and the Additional
Deposit Amount as further provided in this MOD. In accordance with the terms to be
contained in the DDA, the Deposit shall be the property of the Agency when certain
conditions have been met and shall be non-refundable under the circumstances and events
to be provided in the DDA.
. "Purchase Price" means and refers to the sum of money which the Buyer shall pay the
Agency for the delivery of marketable title in the Site upon the close of an escrow
established under the DDA with Fidelity National Title. In addition, the profit
participation shall also be deemed to be a portion of the Purchase Price and shall be a
continuing obligation of the Buyer to remit the required payments to the Agency;
provided, however, that there shall be no guaranty by the Buyer that a profit participation
will result when the Project has been finally developed and sold by the Buyer, but if the
calculations warrant the payment of a profit participation, such shall be paid in the
manner to be set forth in the DDA.
. "CEQA" means and refers to the California Environmental Quality Act of 1970, as
amended.
. "Site" means and refers to the Bice Property and the additional 5-acre vacant land near
the intersection of Little League Drive and the freeway frontage road.
· "DDA" means and refers to a Disposition and Development Agreement by and between
Buyer and the Agency relating to the specific term of the sale of the Site by the Agency
to Buyer. The DDA will include the mutually agreed upon terms for the purchase and
sale of the Site and may also include a number of post land sale development covenants
of the Buyer in favor of the Agency. The Agency's approval of the DDA shall be subject
to appropriate procedural compliance with CEQA and an approving majority vote of the
Commission at the conclusion of a duly noticed public hearing.
. "City" means and refers to the City of San Bernardino, California. The Site is located in
the City and the development and improvement of the Site is subject to the land use and
development regulations of the City. The City shall not be a party to the DDA relating to
the Site. Nonetheless the Buyer's development of the Site may require the Buyer to enter
into one or more separate agreements with the City, such as a subdivision improvement
security agreement.
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III. Proposed General Terms of the DDA and Points of Sale of the Site
The following provisions of this MOU set forth the general terms of sale that are anticipated to
be included within the final DDA:
1. The term of the DDA shall be for a period of time to be established in an Exhibit to the
DDA for the completion and build-out of the Project after approval of the DDA by the
Commission. A maximum anticipated Project build-out length of time will be mutually
agreed upon in an exhibit to the DDA. The DDA will be subject to earlier termination at
the discretion of the Executive Director of the Agency if any of the hereinafter described
performance dates are not met by Buyer or if the Buyer is in material breach of any of its
other terms prior to the close of escrow for the sale of the Site. The DDA will include a
Schedule of Performance to assure the Agency that the development of the Site is
proceeding to completion in a timely manner. Additionally, prior to the close of escrow
for the sale of the Site to the Buyer, the Buyer will be required to meet certain
performance benchmarks and to complete various studies and reports within the
timeframes established in this MOU and as shall be further provided in the DDA. The
DDA will contain provisions to be mutually agreed upon to allow for time extensions as
to such performance benchmarks under certain conditions as may be reasonable under the
circumstances to enable the Buyer to obtain required governmental discretionary
approvals for the Project.
2. The Agency shall further reserve the right to terminate the MOU, if the Agency
determines at its sole discretion that it is not financially feasible for the Agency to
continue to negotiate and formulate the terms of a DDA with the Buyer due to either (i)
the cost of environmental or development mitigation measures which the Buyer proposes
to allocate to the Agency in the form of a subsidy or any reduction in the Purchase Price,
or (ii) the number of developable acres in the Site to be purchased by the Buyer is
reduced to such a level that does not warrant the Agency continuing with the steps
precedent to the consideration of a DDA at a public hearing. The Buyer also reserves the
right to terminate this MOU at anytime upon written notice delivered to the Agency with
such termination to be effective as of the date as may be set forth in such notice.
3. The Purchase Price shall not be based upon any calculation of the actual number of gross
acres of land included in the Site. The Purchase Price shall be equal to $5,250,000 with
$4,000,000 payable in certified funds or wire transfer at the close of escrow when the Site
transfers to the Buyer, and the additional $1,250,000 shall be in the form of an unsecured
promissory note with stated interest at 7% per annum, simple interest, with interest
accruing through the final maturity date of four (4) years from the close of escrow. No
scheduled payments of principal or interest will be required to be made by the Buyer;
however, the Buyer will be responsible to remit to the Agency a proportionate amount of
the promissory note from the sale of each house. A schedule will be agreed upon in the
DDA as to the per house release price during each of the four (4) years of the promissory
note to take into account the payment of interest first and then the repayment of the
principal balance of said promissory note. Upon the occurrence of the date that is four
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(4) years from the close of escrow, all unpaid principal of the promissory note and
accrued and unpaid interest thereon shall be due and payable immediately, without
further notice, to the Agency.
4. Additional Purchase Price will be payable to the Agency on the basis of a profit sharing
percentage equal to twenty percent (20%) of the profits from the development of the Site
to be paid to the Agency at the time of each distribution of profits to the other parties
entitled to receive all or any portion of the remaining eighty percent (80%) of the profit
distributions of the Buyer. The Agency shall have no financial liability whatsoever nor
shall the Agency ever be required to contribute money to the development of the Site nor
shall the percentage profit share of the Agency be diminished for any reason whatsoever.
For purposes of all profit participation calculations, the General and Administrative Fees
of the Buyer shall not exceed 4% of the gross sales prices costs of the houses and the
Real Estate Sales Commission for such houses as paid by the Buyer shall not exceed 3%
of the gross sales prices of the houses.
5. The Site will be transferred to the Buyer in an "AS IS," "SUBJECT TO ALL F AUL TS"
condition, and the Buyer shall be solely responsible for satisfying itself that the Site is
suitable for development and reuse for a residential single family housing development.
The Buyer recognizes that there are soil reports available through public document
repositories which were previously prepared for the Site and the adjacent area. Such
reports possibly demonstrate the existence of some degree of soil instability that could be
magnified during seismic events. The Agency has been informed that the Property may
require substantial excavation and import of suitable soil materials to allow for residential
development. It will be incumbent upon the Buyer to certify to the Agency upon
acquisition of title to the Site that (i) the Buyer is aware of the known defects of the Site,
(ii) the alluvial deposits on the Property could significantly increase the development
costs in the event the City were to determine that substantial excavation of native soils
was required with the importation of suitable soils to achieve desirable building pads for
any residential development. on the Site, (iii) the continuation of the construction of
houses on the Site may not be possible even after the title to the Site has transferred to the
Buyer, resulting from later discovered soils conditions or unforeseen seismic events, and
(iv) construction defects may be visible in the houses which could have a detrimental
effect on further development of the Site.
6. Upon the mutual execution of the DDA by the authorized officers of the parties, the
Buyer shall remit the sum of $50,000 to the escrowholder for deposit in the escrow into
an interest bearing account as an initial installment payment of the Deposit (the "Initial
Deposit"). Provided that the Buyer approves the conditions for the close of escrow
within the one hundred twenty (120) day due diligence period, the initial installment of
the Deposit shall be non-refundable upon acceptance of the due diligence for the Site by
the Buyer and applied towards payment of the Purchase Price. Failure of the Buyer to
approve the due diligence at its sole discretion as required under the DDA shall be
grounds for termination of the DDA by either the Agency or the Buyer and the return to
the Buyer of the Initial Deposit. At the date of approval of a tentative tract map by the
City for the Site (DDA to contain suitable definition when such approval shall be deemed
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to have occurred), the Buyer shall deposit an additional $100,000 with the escrowholder
for deposit in the escrow into the above referenced interest bearing account which shall
be deemed to be the "Additional Deposit Amount" and shall also be non-refundable as of
the date of such deposit. Both of such Deposits shall be applied to the Purchase Price for
the Site upon the close of escrow or retained by the Agency in the event the escrow does
not close provided that either or both of such Deposits have become nonrefundable at
such time.
7. The Agency has been informed by the Buyer that the Buyer has entered into a binding
and enforceable purchase agreement for the property commonly referred to as the 160
acres compromising the John Gordon property as held in fee title by Eagle Land
Company (the "Gordon Property"), which is sometimes referred to herein as the "Other
Property" .
8. The Buyer shall have the right to terminate the DDA during the due diligence period and
recover the full balance of the Deposit within ten (10) business days after receipt of a
Biological Report, to be provided by the Agency, if such Biological Report demonstrates
that more than 75% of the land area of the Site is subject to development restraints due to
the presence of the San Bernardino Kangaroo Rat or other threatened or endangered
species of plant or animal. The Biological Report shall be delivered by the Agency to the
Buyer not later than ten (10) business days after the approval of the DDA.
The Site (and possibly the Other Property) may be habitat for the San Bernardino
Kangaroo Rat ("SBKR"), a threatened or endangered species. As mitigation for the
taking of the habitat of the SBKR, Century may be required to purchase replacement
habitat property. Upon the execution by Century of a binding agreement to acquire such
replacement habitat property, the Agency shall be irrevocably committed to sell the Site
to Century pursuant to the terms of the DDA, and the Agency shall bear no additional
costs or financial obligations relative to the acquisition or purchase of the replacement
habitat property by the Buyer.
9. Within ninety (90) calendar days after the date of the DDA, the Buyer shall cause to be
prepared and completed by a licensed civil engineer at the Buyer's sole cost and expense
a master storm drainage study for the Site for purposes of determining the amount of
property comprising the Site that must be set-aside for flood control channel
improvements and other building set-back restrictions for the proposed Cable Creek
Channel improvements. The Buyer shall also propose the method of construction and the
ultimate size of the Cable Creek Channel as this time. The Agency in consultation with
the City may propose preliminary and alternate alignments of the Cable Creek Channel.
The Agency may also request the Buyer to prepare flood plain maps based upon such
preliminary alignments, set proposed building restriction lines for development set-back
purposes, propose construction techniques and materials for the channelization of the
Cable Creek Channel and prepare calculations of flood and water flow volumes. Such
master storm drainage study shall also adequately address similar issues associated with
the development of the Other Property. The Agency shall either accept or reject this
report within ten (10) calendar days after receipt by the Agency. The Agency's rejection
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of such report shall be grounds for termination of the DDA during the due diligence
period by the Agency. Failure of either the Executive Director of the Agency or the
Agency through official action of the governing body thereof to notify the Buyer of such
rejection within said ten-day period shall be deemed to be acceptance thereof.
10. Within ninety (90) calendar days after the date of the DDA, the Buyer shall cause to be
prepared and completed by a licensed civil or traffic engineer at the Buyer's sole cost and
expense a draft Master Circulation Plan for the area north of Little League Drive,
including specifically the Site and demonstrating adequate ingress and egress to the Other
Property, in addition to any other lands reasonably required by the City, to implement any
such Master Circulation Plan. The Master Circulation Plan shall address such issues as
the current freeway frontage road and the option of extending same by entirely or
partially rerouting said freeway frontage road, obtaining of primary and alternate access
for the Site and the Other Property, proposed plans for right-of-way acquisition and
alignments of all public streets as proposed in the Master Circulation Plan and all street
networks that will be internal circulation for each development project identified in the
Master Circulation Plan. The parties recognize that access to the freeway frontage road
may be limited or prohibited by Caltrans, and, in such event, the Buyer shall determine
such other alternative access routes as may be feasible and propose same to the Agency
in the Master Circulation Plan. The Agency shall either accept or reject such plan within
ten (10) calendar days after receipt by the Agency. The Agency's rejection of such plan
shall be grounds for termination of the DDA during the due diligence period by the
Agency. Failure of either the Executive Director of the Agency or the Agency through
official action of the governing body thereof to notify the Buyer of such rejection within
said ten-day period shall be deemed to be acceptance thereof.
11. Within one hundred twenty (120) calendar days after the date of the DDA, the Buyer
shall cause to be prepared and completed by a firm of urban planning consultants
acceptable to the City at the Buyer's sole cost and expense a draft Master Land Use Plan
for the area north of Little League Drive for purposes of determining the public
infrastructure requirements in the Verdemont Area, the locations and size of all
neighborhood and regional parks and for determining the streets and access required
under the Master Circulation Plan. Detailed land use plans shall be prepared for the Site
and the Other Property, if then under the control of the Buyer, as part of this draft plan
including the proposed layout and design of each parcel within such development for
those properties then owned or controlled by the Buyer plus the Site. The Site shall be
planned for lots that are each at least a minimum of 10,800 square feet in size. All lots
designed for the Other Property shall comply with the Building and Development Codes
of the City. The Agency shall either accept or reject this draft report within ten (10)
calendar days after receipt by the Agency. The Agency's rejection of a plan shall be
grounds for termination of the DDA during the due diligence period by the Agency.
Failure of either the Executive Director of the Agency or the Agency through official
action of the governing body thereof to notify the Buyer of such rejection with said ten-
day period shall be deemed to be acceptance thereof.
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12. Within one hundred twenty (120) calendar days after the date of the DDA, the Buyer
shall also cause to be prepared and completed by a firm of urban planning consultants
acceptable to the City at the Buyer's sole cost and expense a draft Master Financing Plan
for purposes of financing all the items identified in the Master Circulation Plan, all flood
control and storm drain improvements including the Cable Creek improvements, water
distribution, storage and transmission facilities, sewer mains and transmission lines, dry
wells for water basis recharge purposes to be coordinated with landscaping and park sites,
all neighborhood park sites, regional parks and other public facilities required to be
located within the area north of Little League Drive including the Site and the Other
Property that are intended to be financed by the Buyer. The draft Master Financing Plan
shall consider the use of development fees, construction in-lieu of fees and
reimbursement agreements for any oversizing of public improvements. Provisions shall
be made to include all landscaping and lighting costs, flood control improvement costs
and proportionate amount of a Verdemont Fire Station operating cost in an annual special
tax separate and apart from any special tax or assessment for the financing of capital
improvements. Such Plan shall be completed within one hundred (120) calendar days
after the date of the DDA. The Agency shall either accept or reject said report within ten
(10) calendar days after receipt, and upon rejection, such shall be grounds for termination
of the DDA during the due diligence period by the Agency. Failure of either the
Executive Director of the Agency or the Agency through official action of the governing
body thereof to notify the Buyer of such rejection within said ten-day period shall be
deemed to be acceptance thereof. The Buyer recognizes that the Agency will recommend
that municipal financing districts may be desirable to finance some or all of the required
public improvements. However, the City will retain the full and absolute discretion to
select and contract with all consultants, advisors, attorneys, underwriters and appraisers
acceptable to the City, and such municipal bonds will only be issued upon credit criteria,
lien to land value ratios between 3:1 and 4:1 and funded debt service reserves acceptable
to the City. The City shall retain the discretion to issue any such financings in one or
more series of bonds depending upon municipal bond market conditions and possible
considerations of adverse impacts to the ability of the City to undertake traditional City
municipal financings for other City projects.
13. Either concurrently with the preparation ofthe reports, studies or plan referenced in Point
Nos. 9, 10, II, and 12, or promptly following the Agency's approval of each of the
reports, studies or plan referenced in Point Nos. 9, 10, 11 and 12, above, the Buyer shall
cause to be prepared an Initial Study under CEQA for the disposition of the Site to the
Buyer under the proposed terms of the DDA. The Buyer may retain the services of a
third party firm of environmental consultants reasonably acceptable to the City to assist
the Buyer with the preparation of such Initial Study. The cost of preparation of such
Initial Study and the cost of consulting with responsible agencies and interested persons
relating to the completion of the CEQA documentation indicated by such Initial Study
shall be borne by the Buyer. The Buyer and the Agency contemplate that the City shall
serve as the "lead agency," as this term is defined in CEQA for the purpose of certifying
and approving the form of the appropriate CEQA documentation for the Buyer's
acquisition and development of the Site, and Other Property, as may then be applicable.
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The Buyer and the Agency shall agree in the DDA to cooperate with the City in the
preparation of such CEQA documentation.
14. It is anticipated that the final date for the close of escrow will be the latest to occur of: (i)
eighteen (18) months after the date of the DDA, (ii) the date when the City has granted all
land use entitlements for the Site, including the approval of all final tract maps, to
provide for the development of the Site, or (iii) the Buyer seeks an early close of escrow
and has remitted the purchase price to the Agency equal to $5,250,000 consisting of cash
and the unsecured promissory note. The Buyer under all circumstances shall not be
permitted to resell the Site without (i) the express written approval of the Agency and (ii)
the payment to the Agency of20% of the profits (as defined in Point No.4 and as shall be
further set forth in the DDA) made on any such bulk sale to another home builder and
(iii) such other home builder assuming all obligations and duties of the Buyer pursuant to
the DDA including the assumption of the unsecured promissory note identified in Point
No.3.
15. Either prior to or subsequent to the commencement of the preparation and review of the
studies indicated above to the extent any such studies or portions thereof are required to
be included within the CEQA analysis in connection with the approval of the DDA, the
parties shall negotiate the specific terms of the DDA. The parties shall cooperate in the
consideration of such negotiations such that a final document can be prepared and
referred to the Commission at the earliest feasible time in accordance with CEQA and the
provisions of Health and Safety Code Section 33433.
16. The Agency shall retain and pay for at its sole cost the services of an MAl appraiser to
verify the Purchase Price for the Site as being not less than the fair market value for the
Site. The written appraisal report of such appraiser shall be on file with the Agency as a
public record at least fourteen (14) days prior to the publication of any notice of public
hearing for the consideration of approval of the DDA and the certification by the Agency
of the appropriate CEQA document for the disposition of the Site to the Buyer under the
DDA.
17. In addition to the Purchase Price for the Site, the Buyer shall pay to the Agency the sum
of not less than $10,000 per housing unit developed on the Site ("In-Lieu School Fee")
for the development of the first 245 units on the Site. In exchange for the In-Lieu School
Fee, the Agency will guarantee the Buyer that no other school capital impact fees for the
Site shall be payable and the Agency shall agree in the DDA to indemnify and hold the
Buyer harmless from any other obligations of the Buyer to pay the then applicable
District School Fee. Such In-Lieu School Fee shall not apply to the Other Property nor
shall such indemnification and hold harmless apply to the Other Property and for units in
excess of the first 245 on the Site. The Buyer shall be responsible for the payment of the
then applicable School impact fees for all housing units in excess of said 245 amount.
18. (a) In addition to the customary review and mutual acceptance by the parties of the
condition of title in the Site to be conveyed by the Agency at the conclusion of an escrow
transaction, as shall be specified in appropriate detail in the DDA, the Buyer recognizes
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that the Site is currently subject to the terms of a Settlement Agreement and Release to
which the City is a party. The disposition of the Site to the Buyer by the Agency upon
satisfaction of the conditions set forth in the final form of the DDA shall be subject to the
Buyer's compliance with the terms of such litigation Settlement Agreement and Release.
Said Settlement Agreement and Release is attached hereto as Exhibit "B" and is
incorporated herein in its entirety as if set forth in full at length. The terms of such
Settlement Agreement and Release will not be modified.
(b) The Agency will assure that all special tax liens from the former CFD No. 995
have been removed as a property tax lien from the Site.
19. It is further the intent of the parties that the Buyer and the Agency will negotiate the final
terms and conditions of a proposed DDA prior to the time that the studies and plans
described above are being prepared and completed by the Buyer provided that neither
party has terminated this MOD or the subsequent DDA. Such negotiations and drafting
of the final DDA shall commence as soon as practicable after the date that this MOD has
been approved and accepted by the Commission. Notwithstanding such commitment of
the Agency to negotiate the terms and conditions of the final DDA, nothing contained
herein commits the Agency staff to recommend approval of any final form of a DDA
presented for consideration by the Commission nor shall the Commission be committed
to approve any final form of a DDA by reason of the execution of this MOD or by reason
of any other actions of the Agency, the Agency staff or the Commission prior to the
conducting of a noticed public hearing on the consideration of the DDA in the manner as
required by law.
20. It is anticipated that the DDA will contain certain license agreement terms and provisions
to grant certain authorizations for the Buyer to enter onto the Site during the course of
preparation of the various studies and negotiations during the due diligence period of the
DDA for purposes of conducting certain studies. Accordingly, the general form of a
license agreement permitting limited entry onto the Site will be included within the DDA.
21. The members of the Commission reserve the discretion to approve, modify or reject any
of the points set forth herein. The approval of a DDA for the Site is subject to an
approving majority vote of the members of the Commission and approval by the Buyer.
The Redevelopment Committee considered this draft MOD on May 18, 2004, and has
authorized it to be forwarded with its recommendation for approval for further
consideration by the Commission as soon as practicable thereafter.
22. This MOD is not binding upon the Agency, the Commission, the City or the Buyer until
(i) official action has been taken by the appropriate governing body to approve and
authorize the execution of this MOD, and (ii) the Buyer has also duly authorized and
executed this MOD. This MOD is merely the understanding of the signatories to this
MOD to memorialize prior discussions that may lead to the negotiations of a DDA and
approval thereof by the Commission on behalf of the Agency, and the Buyer, at a later
date.
4836-5648-9984.1
9
C:\WrNDOW5\TEMP\Century MOU.doc
CDC/2004-20
23. Concurrently with the execution and delivery of this MOD by the undersigned parties, the
Buyer has delivered to the Agency a check in the amount of $25,000 nomefundable
under all circumstances. Such nomefundable deposit is deemed to be for the purpose of
compensating the Agency for removing the Property from consideration by the other
prospective purchasers and to compensate the Agency for the costs and expenses required
for the preparation of the MOD and the anticipated DDA. No portion of the $25,000
nomefundable deposit shall be applied to the Purchase Price.
Dated: 7/12/04
Century Crowell Communities, L.P.
a California limited partnership
Dated:
jJt<-.
10
C:\windows\TEMP\Century Homes MOU .7.I-04.doc
CDC/2004-20
EXHIBIT "A"
REDEVELOPMENT AGENCY
OF THE CITY OF
SAN BERNARDINO
AFFORDABLE HOUSING
PRO.JECT (100 Acres)
CDC/2004-20
EXHmlT B
qf-~
SE':'1'LU:E\'T ,\(;r([E~E::;'? ;..r;c PEeLE:.!,:;=:
This SETTLEHU,T AGREE:-~::tJT I\:--:D r::L=:ASE ("hg=-eemer.t") is mada
by and among the CITY OF SAN BERNARDINO ("City") (?':I<1 AW
Associates
as
of
1., s'Jccessor
_Oct:_ / /
J. n
'::.(1 ;;cre5t
1:0 CAULE
LAKE &
No.
ASSOCIATES,
1939, "ith
referel1ce
t:o the
following facts and circul:,stances:
REr;ITALS:
~!HEREJ\S, on c-r about ("arch :6. ISG7. a 1.3'..Jsu.i.t was filed ty
JAY CHRIST0PH[~ SA~~ECKS and BARBARA SKY
entitled ~Sky and Saldccke v. City of San
Bernardino", C0352 :::). 236536 to cr.211enge
t~e adeq~acy ~~ t~c City's Ge~e~21 Plan.
WHEREJ\S, en c,r abo'..:t ';';ly 7, lelS7, C2:-1e Lake filed a mc,tlon
for leave to L:terv'e[,e a;c;j vaCc.':0 a ]'.jdg:no;)t
enter~d .:..~) C~s~ tJ,:.l. 226f~2,c. 1.':'llCh "",,'';..,) c;gr.io?d
by the cc'u:-t:.
WHERE,..S, C:1 cr 21:".JL~t ~;r;f.--,t:(~.7:tel' .:1, 19:37, C.:=tuJ~ L~ke ::iled its
::. 0 t i. c ~ 0 f 2 P ~ ~ 0. ::. ..:" .::' u t :-1 .2 de cis:. I:> ~ Cl f 't ~ e
Co U!"" tin C 3 S I? :.~ -::. 2 j t E 36 , r~;:) t :. c n to \j a c a 't e
J u ds;rr.e :-It
., ~ <::
~~-
r",m.:;!;d",rj
tc
tri2.1
co 'j r t
for
further heariGg.
WllEREAS, on or (Jf)Dut SE-[:t'2''':'-2c 4, ~:;27, C"c.:e :'.';l{e fi:",d a
~awsuit ~g~inst the Ci~y Qf San Bernar~~n0.
Cas e :.: D . :C:3 8 '7 14 .:: f1 tit 1 <.>j C Cl b 1 e L ;: k c v. C i : y
DE3:ms
S e p ten: '::; e:: 2 6 , 19 <:"
~
CDC/2004-20
EXHIBIT B
of San 5o?rnardino. i,~r lr....eJ:sc ::::.ndemr.ation
and violat~on of Civil rig~ts.
WlIERE^S, on or "bout Sept€"'.be::- :.. 7, 19B7, Ca~le :'ake filed a
\.} r i t 0 f 11 a r.d ate a 9 a ins t the C i t Y 0 f San
ge::nardir.o, Case ~;D. 239t~~9 er:titled Cab'.e
Lake v. City of San Dcrnardino. et 31.
WHEIH::AS. City ilnd AW I\ssociat8s No. 1 desires to settle a:1d
resolv~ all dis~U~25 3nd claims among the
parties to this 3-:jreclnent, '.Jithout the
necessity of further litigation.
FOR ^ CONSIDEl\!\TION. JlECEIPT Of WHICH IS HEREBY
J\CYJIOWLEDGED, IT IS Tl'i!::rU::FOi,E ACl~EED r,s FOLLOWS:
1. !\W !\:::::;sociatcs tlo. 1 ~JCl-ebv f~.rm'311y' abandons the Cable
Lake project 85 a~~rc~ej by the City.
2. City of San Bernardino will allc~ I\W Associates No.1 to
build :.ts ~a!:C'els ,jescri':Jed p:-eser.:..:y ()S Ten-:at:'''I.:e i:.-ac~s 12756
a:1d 13172 l::"':cer :.r-.9: fQ11<:\.}lr..~ '.::.:-:~c.i.'cic::;.s:
J. AW ^ssociatcc No.1 will CG~ply ~ith Conditions
1-30 as set forth i:. A'~'.:a.~l,'lent .r", attached her-eta and by
this ref'2:,-::r.c:e il'.cC):p'or.::':.~d r.e::-~il1 and shall apply to the
~ap provided to t~e City Planning Department. a copy
of "hich is attcc:~e1 :'1ereto rr..3r!-:gd ^ttachment 8, anc by this
re ~c:-ence inc'J:rt:'0ra:,~d ~1'2rei;J.
b. Aft Associates No.1 5:0311 build out its p:'oject :at..:
lO,SOC) squZlre foot lets cO:1sistent '~'ith the City's General
?~an.
DE:B:ms
SeptE'nber- 26, lSf:3
2
CDC/2004-20
EXHIBIT B
...,
.1 ::,.:--
q(-c&
SE':''TLL!'~E:;T J'\,::;nEC>~==:.;',? J\I~C R:L:::.t..':;=:
This SETTlE!'lU:r AGR[E:--~::t"r P;D "=L~;',SE ("Ag~t)emer.t" 1 is fOlada
b'i arld aman':] the CITY OF SAN !3ERNARDINO ("City") 2-:11"1 AW
As~oci3tCS
No.
as
of
1 .~tL~s;;~
j. n
~.rJ:':c::-est
"[0 CADLE
LAKE &
ASSOCIATES,
19B9, \;~tl1
reference
to the
following fac:s and circur:lstar.ces:
HEr.:ITALS:
\..'HEHE^S, un cr abo~lt r"ar:.:h 16. IS':;7. a la'~'su.i.t W2S filed ty
Jr,y CHRISTOPE[;.l Sil.!..JECI<S ar',d BARBARA SKY
E:ntit18d "Sky and ::;a1dccke v. City of San
Oernardic10", Case ~:~. 2363.36 to cr,211enge
t~e ~deq~acy 2~ t~la City's Ge~e=~l Plan.
WHER!::!\S, en c'r ab,:)'..:t ":;;11' 7, lC'27. C2~.le !..a}.:c filed a mctlon
fa:- leave to i:.!ter-.....-=-;;€: 3::."1 \':2CcJ":C a j'..Jd9:r~ont
-=n~E::r8d
1:1 C':':S':l
1J':1 .
=262~E
~,' ~-j i c.: h
.,-..-
.....;...."
C8rlied
~y the Cl~IJ ~":.
wl1ERE,..:.;, G~ cr "l:".:H:!; (:E;':'::'=:~C"'l' .1, lS":';7, CZibJ-; L.:ke ~iled !.ts
::oti.ct? cf Cl.p~t:o: 4 :":'~1 '::-l'~ aeCiSlO:1 e'f t~e
Cou~t in C=S~
'.. ~ ,....,
".- .
2.3c636,
t<::;t:C:-1 to \iac:a'te
J udc;rr.e:1 t ,,';J S
r"'!TI=!-,d>2\i
t- ~
_'-'
t r i. 21
c: 0 'J r t
for
further hear:.r,g.
WlIEREAS, on c,r DtJDut SE'[:'t,=:,,'J'2c 4, 1':;27, C~t,:e c'2ke fi:",d a
lawsuit ~g~inst the Ci~y of San Sernar6ino,
Case ;';0. :.'38714 .::rltitl<.oc Ct::b1e L,,!-,c v. Ci:y
DE3:ms
S e p ten: ~ e r 2 6 , 1. 9 c. ';
CDC/2004-20
EXHIBIT 8
c. City ogress that the E:...'ironmental Il1'pact Report
previously do~e for the City's General Plan in June of 1989
is sufficient for ~hl3 J\W l\Gsociates No. 1 Project ..dthout
the necessity for further environmental impact studies.
d. Nothing in this agreement shall be construed
to affect the requirement that AI.' Associates No. 1 must
process its pro] oct throL:gh the normal City appro\'ill
process.
3.
Release by "10' ^ssociates No.1.
Upon execution of this
;'.greement by th~ rarties r.ere!:o, 1\10' Associatoo No. 1 herety
releases ar.d discharges City and its predecessors, successors,
assigr.s, c:;ellts, of f ic<:,rs, cl -::-",ctors. emp1o:,'ees, ::eiJreser.ta tives,
<l:ld attQr-neys, from "'11::' and all claims, actions, demands,
car.1ages, costs, e~:Fenses ard atto-::-neys' fees, of any na~ure,
,,':'i.::h !;;)ve existed cr ....~.ich do exist. ",:.ether knQwn or l:n).;rlown,
includl:1g '~'ithout linitati.0n these arising out of, set :'orth in,
c rea '.: e d by. i n c ide n tal to, 0 :- i n any',; a '.1' con n e c t ed, e i the r
directly or indirectly, '..Ji':h AW Associato No. 1'5 Claims -fer
Di\mages.
4,
DJ.smissal of ~ctlon9_
Upon execution of this asreement
by the pa~ties hereto, ^W l\5sociatcs No.1, as S'....Iccc:sscr in
ir.terest to Cable Lake, he:'eby agrees to ~'Jr:hwith dis;n155 '-lith
prejudice its actions as fellows:
Case No. 236836 - Sky and Saldecke v. City of
San Bernardino, Motion to Vacate
Judgment
Case No. 238714 - Cable Lake vs. City of San
Bernardino
DEB:ms
September 27, 1989
3
CDC/2004-20
r.xHlBlT 8
Case No. 239649 - C8ble Lake vs. City of San
Bernardino
and forward co~iormed copies of sa~Q to all partles,
5.
Release of Unkno\o.'ll Cl1lims,
T.... ~,...
....... -~
the i~tention of City
and AN Associates No.1. as SUCCCS30r in :!nte=~st to Cable Lake
that the releases ~et f':Jrth herein shall be effective with
respect to each and evary clCllm. der.1and. and cause of action
above specified and. ::'[1 fur'~he:'ilnc8 cf this intention. ea:::h party
hereby expressly ',4ail.'es ;:he ;;rO',.-i510r1s of Civil Code Section
1542. ./hich prC'vidcs: "A G:::tJC:~AL RELE.l\SE DOES ~iOT EXTEND TO
CLAH1S WHICH THE CR:::::!'?CR [0;::5 ::07 HJOW OR SUSPECT TO EXIST IN
!--lIS FAVOR AT THE TII'lE Of EX:::Cl'T!:';:; ':'HE RELE.L.SE, ~;HICi1 IF I<,;C',',':-'; BY
HIM MUST EAVE MATERIAL~Y AFFeCTED HIS SETTLEME~T WITH THE
['ESTOR."
6.
Disputed Cla~!!I~
T~is settJe~er.~ is of disputed c:al~s
2nd is not an ad8isslon c~ li~b~:ity by City.
'7.
l.O Duress. c tc.
The par~i~s hereto ha~e read and
understand this Agree~ent and ~;vc Leen repres(n~~d Qnd advised
by counsel in COflr.0Cti.:)n !-,8r,,,,,ith .::nd rJ'Jtually '-'arrant and
represent t~at: lr.is ,\gree.'l>:?nt ~'> cxec.:ted '/::>luntarily c:r.d ....it~\out
duress or undue ir.fl'..lence 0n t~h3 p3rt or on behalf of 2n'1 party
hereto.
Each party further ~arrants its 2uthcrity to enter into
said agreement.
8.
Remedy.
If any party ~ereto believes that another party
hereto has breached this Agree~ent, the sole and exclusive remedy
shall be an action for bredch 0: this Agreement.
Judgment for
CE8:ms
September 26, 1939
4
CDC/2004-20
EXHIBIT B
AW Associatos No. 1 - ~ ar.:,' u'::';;~'.Jn b~-C'Jght agair;st Ule City by Aw
-Associates No.1 [0:; bre:ach of this ;.g:-e';2ment shall ::E;nder AW
Associates No. 1'5 rE;l'.=ase uncie:- thi.:> Ag~'eCf718nt a nullity, and
AW Associates No.1 r.;ay pursue its Claims fo-;; D.!lf,agos against
City.
9.
Successors.
,his ;-;;:-eeme~t
, -
~'"
binding upon and sAall
inure to the benefit to the parties hereto and each party's
respectivo successors,
aSSi13:l.S
heirs and personal
representatives.
10.
Third Party Claims.
The p2rties to this agreement
herein do not intend tD benefit cr cause by Ulis 3greeme:lt any
rights or claims herein by 3ny third parties.
11.
Entire ^qr~ement.
~h!s A;reeme~t contains the sole and
entire agreement ar:j \';ilderstaOlding of t~e ;-:arties 'With respect to
the subject mat~er hereof ~nd supersedos all prior agreements and
undez-stanjini]s, 'n'hE:t~er '..;rltten or Gral.
:;:) representa ti'Jns,
0:-a1 or otherwise, express or inp1ied, other than those c'Jntained
1; ere i n I h a ',t e b (? €;: n [7\ ~ d ~ t Y a:-: y pc!"::t. her' e t D .
12.
W,)1\'e1.", Mc:difi~on. TermifliltiQn or l'..menrjment.
r~o
provisions hereof m~i te waived unless in writi~g, and signed by
each party hereto.
~i",i'.'E;;:- of 0:1:? one ~r-::>\"ision he:.-ein shall not
be deemed to be a wai ver of Jr.y other provisions herein,
This
f.,greement [;lay be f71':Jch:ied, tErminated or amended at eny ti:ne by
mutual consent, but only by a \-":.-itten agreement e>:ecuted by each
of the parties herE;to.
13.
Attorneys' Fees.
!n any action to interpret or enforce
DEB:ms
September 25, 1929
5
CDCj2004-20
EXHIBIT B
any provision of tr.lS J.,greerr.er.t, t'le ;:.revaili;-;9 party shall be
entitled to its reasonable attcrn~ys' fees a!~d costs.
14. Governing Law.
This ."gr"'e.llle:it shed 1 be construed and
enforced in accordonc~ with the laws of the State of California,
applicable to agrce~ents executed and t8 be per:crmed in the
State of California.
15.
Counterparts.
This Ag~cement may be e%ec~ted in one or
more counterparts, each of whic~ shall be an o~igln31 but all of
which shall be deemed to constltute a single documenr.
16.
Notices.
~otices rCGuired to be given by the torms of
this Agreement shall be given by personal service, or by deposit
of tho same in tr.e custody of. the United States Postal Service,
-~ostage pretJaid, regi~ter,"d 0, certif:.,~d r.lail, r"'turn receipt
::equestcd, addrcsse:d to the purty to ce 5tn:ed ieS fC~lows:
If to City:
Ci~y of ~an Bernardino
300 No. "D" Street
San Bernardino, CA 92418
Attention:
"hauna Clark
City Clerk
If to AW AS50cidtes
No.1:
AW Associates No. 1
17911 Mitchell Ave.
!n:i:1C, CA 92714
With copy to:
Reid & Hell yez:
Attorneys at Law
18BO Lemon street
P. O. Box 1300
Riverside, CA 92502
By notice given in accorcance '..;ith Oils pa.:-agrct>h to all other
parties, any party hereto rr.ay change the designated recipient of
DEB:ms
September 26, 1ge9
6
CDC/2004-20
EXHIBIT 8
notice on its behaJf.
=-\:ot:.ccs !~.~rQi;') shall be deemed given as of
-the date of per.Sonal s(:p:icc. or i~v-3 (S) CCflsecu';:;"Je calendar
cays after ceposit of the S3~.,::: i" ti'.c i:'~stcdy ot said Postal
SerJice"
IN WITNESS WHEREOF, the ;:c.:"tiGS h;:;ve Cc'.Jsed t~is ;.g~eemer.t
to be executed as of the date fi~st above ~ritten.
ATTEST:
h.t7';'/}~&Ji
ci ty Clerk
DATE:: O::::.ore:- II, 19S9
AW Associates No. I, a California
G~;.2:-al Partnership by the
racific Company, a California
c2r~o~ation, its Managing General
?2~tner, succesSor in interest
to CABLE LPYE & ASSOCIATES,
A General Pa~t~ership
DATE:
\
\
\
3y ~
"-
, \ ').v.-, \ '
.\~
. ~ ().l t.::.s..~'.
APPROVED AS TO rO~1
;-.1',1) LEGAL CONTENT:
.12';:035 r, ?e:-:nan '
?~tc'rncy
(~~~
C e r. ~ c e [. E: :' I.] e
Assis~ant City ~tto~ne"
DATED: Cc~ci.:er ll, 1929
/7'1 .i- \
DATED: / {'( \ ,'l'" \.
'-- _.L ,
..-
.: \'
)
/
\ l[ S' i
REID & HELLYER
,-,r- ~ (- 'I
j' {, ~ ------- .
'. , --- ( .
i,. \ ) I '-'.r I-r--
EJ !. _ '. Lu '- ,.l _ I. ( , ~" '. ""'
Attorneys for AW~AssoCia~~
No. I, Eu=cessor in interest
to Cable Lake & Associates
DEB:ms
September 26, 1']89
7
CDC/2004-20
r
I
EXHIBIT
B
CO~DITIOUS OF .h.?PRO\'AL fOR TE:NT:,--:-IVE 7RACr 12756 A:\D TE1~TATI~ TRACT
13172
1. In compliance with Municipal Code Soction l8.44.070(B) and
Flood Cont~cl District rccom~endat1e~s dated June 17, 1986,
levee with rock slope p~otection shall be ~rovided snd
shall extend from the southeast tract boundary northerly to
join the existing lovee north of the site. The rock
slope/ba~k protection shall be approved by the County Flood
Control District,
2. Per Flood C~ntrol District recommendations dated January
24, 1986, a 100 foot building setback shall be provided
from the cry toe of the flood control levee. Depending on
the size of rocks protQC~ing the slope on tho levee and
whether grouting is prov1ded, the setback may be reduced to
75 feet or 50 feet, subj ect to the approva I of the County
Flood Control District.
3. In compliance "11th the Flood Control District
recommendatic:1s dated July 31, 1984, and Nunicipa1 Code
Section 18.~~-070(Bl, adequate provisions shall be
provided to intercept and conduct the possible overflow
from Cable Creck, north of the tract, around or- through
the site in a H~aT1:ler Io:t-dch does not adversely effect
adjacent or dO\.lnstl-€.:Jm properties. The developer shall
provide a structural block wall capable of withstanding
debris :cads to 3-feet along the westerly, northerly and
easterly bounderies of the site. In addition, ad€c;juata
rolls shall be provided or. the entranco roads to the site
at the Frontage Roed to ~ln1mi~e the possibility of street
flow er.ter1ng the s1 te. Runoff tram the freeway must be
taken through or around the site to a channel or City
approved draiT1a~e f.:JCllity_
4. The C€'.'eloper s!:all sub~it a flood h.:l;:"rd mitigat!.on plan
to "t!~e flood Centrol Distr~ct for revie..' and approval. A
t)erm1 t ".J ill 8e rcqui r~d :;:)r 2ny er.croach~ent unto Flood
Control District right-of -\~ay, and a minimum of six (6)
weeks processing tl~e should be allowed_
'~~ 5 '01
'.';.~~
"~~7
6
Flood hazard nitigetians shell
issuance of bU!ld1ng permi~s.
be constructed prior to
The Federal E:mergency t~ar.agel~~nt
the site from the ICO-year flood
issuance of b~~lding permits.
Agency must remove the
area d~s1gT1at10n prier to
7. In compliance with Mur.!cipal Code Section 18.40.160
requiring two means of ingre~s and eg"ess in the high fire
hazard zone, fron~age Road should be extended northwesterly
to connect ....ith Cable Canyon Road. The construction of
whiCh shall be done by the :or~ation of an
assessment district or Sone other financial mechanism
Exhibit A - ?~~e 1 of 4
CDC/2004-20
EXHIBIT 8
approved by the Publ~c Wo~~s Director.
Cond1t1o~5 shall be ar-~roved by the
Public Works.
Standard Terms and
City's Director ot
8. Per Verdemont Area ?:an circ~lat1on standards on pp. 30-31,
frontage Road, a r9s1~er.tial collector street, shall ha~e a
right-of-way widt~ of 60 feet ~lth a paved roadway 40 feet
in width. Ten feet of landscaped parkl.'ay is needed
adjacent to the freeway to provide a buffer in cO~pliance
with the Verdernont Area Plan a~d Municipal Code Section
18.44.080 (D), str<:!et llghts shall be reouired on Frontage
Road per Section ;8.~~.03Q (0).
9. The California Depart~2nt of Tre~~portat~cn shall review
and apDrovQ the final map Drier to rscordation.
10.
If the project is to be built in phases, th! Planning
Department and t~le Cepartment of Public work;/~~f~all revie.....
and approve the phasi:lg f)rior to reco=dat.ionlV"~ ~ ha\'e ~ r"'"",
- - r "
Consistent with :he '.'erdeJr.o:lt .;rea P .an, houses shall ~ ::""
an average of 25 feet with the ~H m setcack :lot less thdn
20 feet. I~ -:1'l"/I
- -.r IH'. t
1:l compliance ,,'ith tr.e Ve=je~O:1t Area Plan, p. 99.
driveways on flag lots ffiay net exceed 150 feet in length
without Fire Depa=t~ent a~9r0v~1. T~~ narrow, street acce~s
portion of fl~g lots shall not excecJ 120 feet 1n length as
measured on the sharter Slue.
11.
12.
13. There Sho5ll be r.o dc,:Lle :ror,t3gc lots per r",-unicipal Code
Section 18.40.310.
14. Whore side lot lines a:-enon-plral;el, 'the side lot lines
shall diverge from the tr~nt ot the parcel to the rear.
15, In complia:lce \..lith '.ferde!T1ont Area Plan policies, p. 41,
and Object.!.'.'e Nc. I -:In:'l F:Jlicl' :J0. 7 0:1 p. 79, and \Jith
the General Plan, entry treatment shall be prov1deCl for
the intersections at tte local streets with rro~ta;e Road.
16. The proposed final map Sllo5l1 be subject to review l'I:1d
approval by t!1e Southern California Edison Company_ Any
encro~ch~ents on the cdison Company easement requires a
consent agreement .....ith the Eciscn Company.
17, In accordance with State standa.rds and the Verdemont Area
Plan, p. 149, which requires that noise levels at
residential property lines not to exceed 65 CHEL
( Com m u nit y N 0 i z e E qui 'J ale n t Level), f r e e way n 0 i s e
mitigation shall be pr~v1ded in the form of a seven foot
berm and six foot c0ncr~te block wall cn Or near the rear
of all parcels o\..lned by AW "'ssociates No, 1 abutting
Frontage Road.
E~:r:~b.l. t A - F3.:::Je 2 of <1
~l 18.
p(l\~ d5
.-~
20.
21.
-'22.
CDCj2004-20
EXHIBIT B
All parcels abutting Frcntage Road shall be of suffic~ent
size and shape to accommo~ate a 1,200 square foot house bet~8€n
the/~ foot front setback and tre insioe slcpe of the seven
foot berm along the rear prop~rty lines.
19.
Perimeter wall surfaces ~hall be broken up at regular
intervals of 25 feet or less by off-sets, pilasters, or
other decorativG materials in accordance ~1th Vex-demont
~rea Plan design standards, p. 100 No.5.
A landscape ossessme~t distric: shall be formed to maintain
landsc~ping abutt~ng front~ge Road. The 12ndscaping shall
be installed and maintained ~or the first year at the
developer's expense.
Landscape and irrig~tion plans shall be approved by the
Parks and Recreation Department prlor to issuance of
building permits i~ compliance with Verdemont Area Plan
design stB~dards. p. 116 No.1.
The minimum lot ~ldt~ shall be 80 feet 1n compliance with
:-~unicipal Code Section 1?rJ8C.020 (.t,). Corner lots sholl
be 88 feet wide in c:;:lIplience \-:it:') ":'..Jr'.iclpal Code Section
18.10.260.
23" No buildin:::; per",its shall bE: lss:led f:::r struct:.;res \-lit:hin
the 3D-~oot wico water ~ain easement.
24. 7he proposed sL:b::li';:.:;:.on ~r;all c::'m;:ly -..;i~h all Ve:::demar.t
Area ?lan require~e~ts ~or ~evel~pment withl~ foothill Fire
Zone C.
;: 5 . I n c.:) m p 1 i a nee ...':' '_ h C i :: y R <;! sol u t L=':1 {3 2 - :3 .. 5 end I n t e rim
?o1icy :;0. 28, a liq~le.foctic.r. r"'port shell be submitted a:1d
rev~ewed by the City Geeloglst prier to rGcordat1an.
26. Revised tr3ct maps shall be re','ic\o.I.:?d and approved by the
Planning Department and the VEpar~ment of Public Works
prior to recordation.
27 .
The developer
and standard
Works.
~hall comply ~ith
requirer.1ents ot
all conditions of approval
the Department of Publ1..c
28. The developer sha:l comply ~ith all conditions of approval
and standard requirements Qf the Fire Department.
29.
The developer
and standard
Department.
shall COr.1ply ~ith all
requirements of the
conditions of approval
Parks and Recreation
~y.hi~it A - Page 3 of 4
CDC/2004-20
EXHIBIT 8
.30. The developer shall provio9 fer adequate Fire Flow as
computed by the Fire Prevention Bureau. Fire Flow shall be
based ~n square footage. construction features and
exposure information as supplied by the developer and may
be taken from two hydrants.
Exhibit ~ - Page 4 of 4