HomeMy WebLinkAbout2006-084
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RESOLUTION NO. 2006-84
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A TRAFFIC
DEVELOPMENT IMP ACT FEE PREPAYMENT AGREEMENT AMONG THE CITY
OF SAN BERNARDINO, THE INLAND V ALLEY DEVELOPMENT AGENCY AND
THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a Traffic Development Impact Fee Prepayment
Agreement among the City of San Bernardino, the Inland Valley Development Agency, and the
San Bernardino International Airport Authority, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as though fully set forth at length.
SECTION 2. The authorization to execute the above referenced agreement IS
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A TRAFFIC
DEVELOPMENT IMPACT FEE PREPAYMENT AGREEMENT AMONG THE CITY
OF SAN BERNARDINO, THE INLAND VALLEY DEVELOPMENT AGENCY AND
THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
March
, 2006, by the following vote, to wit:
20tlrlayof
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Approved as to
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~~ClAM~
City Clerk
The foregoing resolution is hereby approved this ) )r-i' day of
March
2006,
~r---~
'ck J~ Morris, M;;:
City of San Bernardino
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TRAFFIC DEVELOPMENT [MPACT FEE PREPA YME:\T AGREEMENT ,\:\IONG
THE CITY OF SA!'i IlER!'iARf)[!'iO, THE [NLA!'iD VALLEY DEVELOPME!'iT
AGENCY AND TilE SA!'i BER'\;ARf)[NO [NTERNATlONAL AIHPORT
AUTHOR[TY
This Traffic Development Impact Fee Prepayment Agreement (this "'''greement''). is
effective as of March 20. 2006. and is entered into by and among the City of San Bernardino. a
chaner cit\ under the Constitution 01' the State of California (the "City"), the Inland Valle)
Development Agency. a joint exercise of powers authority formed under the la\\s of the State
of California (the "IVDA"). and the San Bernardino International Airport Authority. a joint
e,crcise of po\vers authurity under the la\\s of the State or California ("SRlAA"). in
furtherance of defining certain rights and responsibilities of the parties with respect to ,,:erlain
lsSW:::; penaining to transportation and road\vay funding and to provide t()r the alh'ance
payment of cenain traffic development impact fees le)r the benefit of the IVDA and SBIAA.
RECITALS
WHEREAS. the parties seek to define certain commitments among the parties with
respecl to the implemenlation of the proposed Nexus Study ft)r SANBAG and the use of
Measure ''[''ISlate transportation/Federal transportation funds for improvements to various
arterial streets, highways and freeway interchange projects in the vicinity of the fonner Norton
Air Force Base ("NAFW') located within or adjacent to and impacting surface transportation
within the municipal boundarics oftbe City; and
WlIERL\S.the Clly intcnds by the execution and delivery oflhis Agreement to accept
as the prepayment of the fees thai otherwise would have been payable by both the IVDA and
SBIAA. or their successors in interest whether other govemmental entities or private parties.
tClr those properties as herein identilied to have fully complied with the provisions of the Cily's
Developmcnt Impact Fcc Calculalion and Nexus Report and the implementing ordinances and
resolutions of the CilY as the same may be adopted, amended or modilied from time-to-time. all
in the manner as provided in this Agreement and
WHEREAS, the City's Development Impact Fee Calculation and Nexus Report
provides for the establishment of certain local and regional transportation and roadway fees for
which the City intends by the execulion and delivery of this Agreemcnt to provide to both the
IVDA and SBlAA recognition of the prepayment for thosc properties ;1' herein identified in tile'
attached E,hibit "X' to thus be exempt from the provisions of Chapter 5 - Local Circulation
I Streets. Signals and Bridgesl Syslem. Schedule 5.2 ("l.ocal Circulation Improvemenl Fees"),
and Chapter 5 Regional Circulation (lntcrchanges and Grade Separalionsl System. Schedule
5.5 ("Regional Circulation Improvement Fees'') of the Development Impact Eee Calculation
and Nexus Report and all implementing ordinances and resolutions of the City: and
WHEREAS. the City by Ihe adoptlOn of this Agreemenl recognizes that Ihe Cnited
States Congress intended to participate in the redevelopment of the I<Hmer NAFB hoth for the
benefit of the IVDA and SBIAA and other priVate panics seeking to dc\'elop land or utilize the
f;lCililies of the IVDA and SBfAA by providing a special "new money" allocation for roadways
in and around the IC)fjJ1er NAFI3 in the {'lfIn of the Inland Valley Goods :>1ovcment Bill with
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such funds belt1g designated Il)r road"a, improv'ements equal to S36.500.000 in the NAFB
vicinity.
\OW. TIIEREFORE. 11\ CONSlDERA liON OF TJ IF M\ iTUAL COYE\ANTS
AND CONDITIONS AS CONTAINED HEREIN. THE PARTIES TO TllfS AGREEMENT
DO HEREBY AGREE. AS FOLLOWS
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Section 1.
No Trame S\'Stems Fee Imposed.
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In consideration of the facts as recited in the Recitals ahove. and as further set forth in
the substantial evidence as provided to the Mayor and Common Council of the Cny at the time
of approval of this Agreement by the City. the City hereby agrees that it shall not impose (i)
any Local Circulation 1mprovement Fees. (ii) any Regional Circulation Improvement Fees. or
(iii) any additional local traffic circulation systems fee or regional circulation systems fee. or
()ther similar regional roadway infrastructure fee of any nature within the NAFB Study lone
Il)r (i) new development or (ii) substantial rehabilitation of existing buildings and structures for
the square footage that exceeds the current square footage of the particular existing building or
structure during the term of this Agreement as provided in Section II hereof The NAFB
Study lone is set I,mh on the map attached hereto as Exhibit "A". Such map may be changed
or modified from time-to-time by the IVDA and SBIAA upnn the otlicials actinns of the
governing board of either the I VDA or SBIAA and upon delivery of notice to the City to
automatieall" add such other properties to either the San Bernardino Internatinnal Airport
"hich become owned by SBIAA or other properties in which the IVDA has an economic
imerest within the area identified in the map attached hereto as Exhibit "B"; provided. however.
that the total square footage of Ii) new development and (iil substantial relwbilitation that is in
c,cess of the square footage of the existing building or structure intended to be substantially
rehabilitated that may be included within Exhibit -'X' shall not exceed 1l.360.000 square feet.
Furthermore. both the IVDA and 5B!."A shall be subject to the requirements of and
compliance with. the Caliramia Environmental Quality Act of 1970. as amended ("CEQA").
with regard to any changes in circumstances that are deemed to exist pursuant to findings and
detenninutiot1s in accnrdance with the requirements of CEQA that arc herealier found to be
caused by any new development activity then being proposed within the NAFB Stud, Zone as
illustrated from timc-to-time on Exhibit "X'
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Section 2.
Default: Notice of Default.
failure or dday' by a party to perform any material term or provision of this Agreement
shall constitute a deEllllt under this Agreemcnt; provided. however. that if the defaulting party
commences to cure. correct or remedy the delault ,,'ithin thirty (30) calendar days after receipt
of written notice specifying such default and therealier diligcntly completes such cure.
correctIOn or remedy. a breach of this Agreement shall not be deemed to have occurred, The
party claiming that a default has occurred shall give written notice of default to the defaulting
pany. specifying the deEwlt and the details thereof. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided. however. the
nondcfaulting party shall have no right to exercise any remedy for a breach hereunder without
delivering the written default notice as specilied herein.
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Section 3
Failure to Cure; Remedies.
In the en:nl that the defaulting party t~lils to commence to cure, correct or r~I1l;;:J: n
d('fault within thirty (30) calendar days following 'written notice, as provided above. or
thcreatier fiils diligently tn complete sllch cure. correction or remedy. a breach of this
Agreement shall be deemed to haw occllrred. In the event of a breach. the nonddaulting part,
or partics. 3S applicable. mal' (il at its or their option. terminate this Agreement and.'or \iil seek
any :tprrnpriatc fl'J11cdy or damages (1\'ailab1e at law or in equity. All court actions filed to seek
any enforcement or interpretation of this Agreement must be tiled solely in the Superior Court
of the County of San Bernardino. Main Braneh in the City of San Bernardino.
Section -I.
:\0 \Vaher b\ Failure or Delay; Cumulatiye Rights.
(11) Any failure or delay by' a party' or parties in asserting any of its or their rights
and remedies as tn any default shall not operate as a waiver of any dera.ult or of any rights or
remedies associated with a default.
fb) The rights and remedies of the Partics as set forth in Scction~ 2. J. 4 and 5 arc
cumulative and the exercise by ~ny party or panics of one or more of such rights or remedies
shall nor preclude the exercise by it or them. at the same or different times. of any other rights
or remedies Ii" the same default or anI' other default by the defaulting Partv.
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Section 5.
Enforceability of Agreement.
This Agreemt:"nl shall he deemed tn be an ent()!"ceable agrccml:nt [1: and among the
parties hereto Any of the partic's may bnng such legal or equitable action as may be permitted
under the laws of the Stale \)f California to enforce any provision of this Agreement. The
successful pany. as 8ppllcabk. in any stich action to interpret or enforce any pro\'ision hereof
shalt be entitled to n:cci\'c from the ptu1y or partics against \\'111ch enforcement IS sought all
costs associated wllh such slIccessful actions including all aHorney's fees. costs and otber
c'penses. The costs. salary. and expenses of the City AllOrnev and members of his staff shall
be considered attorney's fees f{)f thl.' purposes of this Agreement
Section 6.
NotiCt's.
Allnotiee, to be gi\'en under this Agreement shall be in writing and shall be delivered
personally. by Federal Express or uther similar overnight courier or express delivery serYlce or
b\ cel1ified or registered tinned States :-'lail. return rcceipt requested. All notices shall be
given to the addresses of the parties as set forth herein. Unless speeilkall, pro\'ided to the
contrary in this Agreement. any notice pursuant to this Agreement shall be effective upon
delivery or refusal to aecept delivery. if delivered personallv. one (1) calendar day atier deposit
\\ith Federal Express or other like o\ernight courier or express delivery service. and two (1)
calendar da\s alier mailing. If delivered b\' certified or registered United States :-'1ail.
"c\llces to the IVDA shall be sent to the following address:
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Inland Valley Development Agency
294 S. Leland Norton Way
San Bernardino. California 92408
Attention: Executive Director
with a wpy to:
Le\\is Brishois Bisgaard & Smith LLP
650 East Hospitality Lane. SUlte 601)
San Bernardino. California 92408
Attention: Timothy 1. Sabo
Cootie.:s to SBI:\/\ shall be sent to the following address:
San Bernardino International Airport Authority
294 S. Leland Norton Way
San Bernardino. California 92408
Attention: Executive Director
\\-ith a copy 10:
Lewis Brisbois Bisgaard If.- Smitb Ll P
650 East Hospitality Lane. Suite <iOO
San Bernardino. California 92408
Attention: Timothy J. Sabo
\:otiees to the City shall be sent to the following address:
City ivlanager
City of San Bernardino
300 \:orth "0" Street. Sixth Flol>!'
San Bernardino. Calif()rnia 92418
\\ith a copy to:
Cit\" Attorney
Cit\" of San Bernardino
300 North "0" Street. Sixth Floor
San Bernardino. California 92418
Each party shall promptly notify the other parties of any change or ehanges of address
to which ootices shall be sent pursuant to this Agreement.
Section 7.
Entire Aercemenl.
Ihis Agreement among the IVDA, SBIAA and the City represents the sole agreements
of the panics regarding the matters addressed herein that exist as of the date hereof.
Section S.
Go\'crnint! Law~ Invalidity of Any Provision of A2rcrmcnt.
This Agreement shall be governed by the laws of the State of Calit<Jrnia. If any
pro\'ision of this Agreement is determined by a coun of competent Jurisdiction to be invalid or
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tmenf<JfCeablc as among the: parties. the remaining provisions shall continue in full torc~ and
effc, L
No Third Part\' Benefician'.
Section 9.
fhe panics to this Agreement recQgnize and agree that there shall be no third partv
bendiciar, of the eommiunents contained herein which arc Qf benefit solely for the parties
hereto. l':either SAI\BAG. nor an; other governmental entity or private party. person. property
'''mer. partnership or corporation shall at any time have any rights pursuant to this Agreement
or the actions intended to he taken by the parties hereto.
Section 10. Amendments.
This Agreement may only be amended. changed. modified or altered b, a writing
sIgned by all 01 the parties and approved by the respective governing boards thereof in the
manner as required by applicable law.
Section 11. Term of A!!reement
(a) The term 01 this Agreement shall commence upon the full execution hereof by
the parties and for all purposes pursuant to this Agreement shall be the date set forth in the
introductory paragraph of this Agreement. This Agreement shall terminate as of June 30. 2026.
unless the parties to this Agreement have duly executed an amcndment to this Agreement
specifically extending the time for pertt1fmance of the terms and provisions as set forth herein;
provided. hlme"eL thai both the IVDA and S13IAA shall have the right to utilize the full
amount of the unused square footage of new development then remaining from the amount of
the total square {()otage of ne\\' developmCl1t as set forth in Section 1 hereof subsequent to the
termination date of this Agreement and subject in all instances 10 the provisions of CEQA
"hieh. based upon cbanges in conditions and circumstances. may require furtber CEQA
analysis and I'evie\\' as further provided in said Section I.
(b) The partics agree that on and afier 1\o1ay L 2016. and through and including June
30.2016. any party to this Agreement may give \\'rillen notice to the other parties to seek a
revie\\' of the progress of the development within the 1\AF13 Study Zone to determine whether
any modifications should be considered by the parties as an amendment to this Agreement.
Such revicw shall be based upon such factors which include. but are not limited to. the amount
of square footagc built within the 1\AI'B Study Zone as of the date of review. the then current
amollnt of development and (l\"iatlon uses that have m:curred on tbe Airpon and the reasonably
;.tnticipated future de\'dopmenl and a\-latioll uses of thi.: Airport. the types and intensities of
us~s f()r thc ncw development within the NAF13 Study Zone. and such other factors as Ih~
parties may then seck to address, The parties shall each designate one representative to meet as
soon as practicable afier June 30. 2016. and to discuss the status or the new devclopment that
has occurred within the '\iAFB Study Zone and such other issues rdated thereto. Based upon
such revie\\' any party sball have the fight to submit to th~ l)ther parties written
recommendations. if any. as to the manner in which this Agreement may be modilkd by the
mutual (onsent ill' the governing bodies of 1h~ parties to this Agrcement each at their sole
discretiun whether to approve any proposed amendment to this Agreement. No amendment or
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TRAffiC DEVELOP\1ENT IMPACT FEE PREPAYMENT AGREEMENT AMONG
THE CITY OF SAN BERNARDINO, TilE I:-ILAi'W V ALLEY DF:VELOI'\IE:-IT
AGENCY A:\D TilE SAN BER:-IARDI"O I"TER"A TIO"AL AIRPORT
AUTHORITY
mollification to this Agreement shall be effective unkss approved bv the parties in the manner
required b\' Section II}
Section 12,
Execution of A2recmcnt
TillS Agreement ma\' be e,eCllted in counterparts. and facsimile signatures shall be as
t'ffectt\'i? as original signatures. Upon the execution hereof by the (lpproprialc representative of
each or the pallies. this Agreement shall be deemed to have been approved by the governing
bodies of eaeh of the parties in accordance with all applicable provisions of State law
'ELOI'\IE:\T
By f
Co-Chanverson " , --
D'lled -::i-yJ()~--
B)
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( o-Ch;:,r7"'Jn
Dated __ i?~.1:~~- __
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Arl'1::ST.
20 ISEAL)
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v'
Ap
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TRAFFIC DEVELOPi\IENT IMPACT FEE PREPA YMENT AGREEMENT A'vIONG
TIlE CITY OF SAN llERl'OARDINO. TilE INLAND VALLEY DEVELOPMEl'OT
AGENCY AND THE SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY
CITY OF SAN BERNARDI!\O
8\~~~'
, \1a 'or -,
Dated, 3/:(:t Ivc.
~"^__~ ~"...".._"__L__~~,,,~
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ATTEST
ISEAL)
8,(),.1 flh~
~~
Approved as to Form
And legal content
t'.
-,
B,': ,/'1"''''''''''''"
/ City Attorney
- ,
~
:
I
SAN BERNARDINO II"TERNATIONAL
AIRPORT AUTHORITY
~
ATTEST
(SEAL)
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:: ::f!f;it#~
26 Approved as to rorm: I)
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B':~
. '-Gen~;::,I,Ol sd
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EXHIBIT "A"
2 'iA FB Study Zone
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EXHIBIT "8"
Area \\ ithin Which Properties
Ma} be Added to i\AF8 Study Zone
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