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02/0~/2007 16:38
Received:
9497279927
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F.b 9 2007 04:34pm
BAI\RY A. Ross
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7700 rUIN.5 cla,u, D~[V.
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February 9, 2007
Iiemy Empeiio, Jr., Sr. Deputy City Attorney
City of San Bernardino
300 N. "0" Street
San Bernardino, CA 924 J 8
Via Facsimile 909-384-5238 a"d u.s. Mail
Re: VID, LLC Industrial Development Project _ 10.28 acre parcel
5404/5414 Industrial Parkway, San Bernardino
Dear Mr. Empefio;
As you know, I represent VID, LLC (formerly known as Vic-Vin Enterprises, LLC)( "V1D"), a business
entity owned by Victor Di Pietro, concerning the above-merenced development project.
A City Council meeting is set for February 20, 2007 in order for VlD to appeal a decision ofth.e Planning
Commission relating to the disputed fIre station impact fees. VID wishes to withdraw its appeal and
proceed with the development project. As to the disputed fife station impact fees, V1D accepts your
previous offer to become included within the assessment district and pay the fire station impact fees over
the next 20 years, rather than in a lump sum payment at this time. You previously stated that the City
will incur aU costs and do aU the work necessary to absorb VID into the assessment di,mct. Please
confmn in writing within ten (10) days that this understanding is correct.
In terms of proceeding with this project, I previously told you that VID paid to the City an extra fee to
expedite this project on a fast track basis in the appro>:imate amount of$13,000. As you know, this
project has not been expedited. This project has proceeded on a slow track or no track basis. From this
point forward, V1D wishes to obtain the benefit of the $13,000 payment to the City in order to e>:pedite
this project on a fast track basis. Please confirm in writing witbin ten (10) days ifthere is any reason
why this project cannot be fast tracked from this point forward.
Confirming our recent telephone cODversatiOD regarding the two different types of traffic impact fees,
you represented that the VID prOject will he subject only to one of the traffic impact fees, but not both of
them. See my prior correspondence. Please confirm this understanding in writing within ten (10) days.
VID has previously considered seeking the assistance of the Redevelopment Agency in order to facilitate
this project. After further consideration, VID will not be seeking Redevelopment Agency assistance
because oftbe conditions required as part of this assistance. There will be no Redevelopment Agency
170. ~-1
a/~~/OF-
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e2/e~!2ee7 16:38
Received:
9497279927
Henry Empeiio, Jr., Sr. Deputy City Attorney
City of San Bernardino
February 9, 2007
Page 2
involvement in the completion of this project.
If you have any questions, please call me.
Very truly yours,
htJNw A. ~
;;';ll; A ROSS
BAR:es
cc:
Victor Di Pietro
Kenneth Fields, Esq.
Alex Gutierrez.. Hogle-Ireland, Inc.
.Tim Fulmer
Tim Sabo, Esq.
Fred Wilson, City Administrator/City Manager
James F. Penman. Esq., City Attorney
Fob 9 2007 04:35pm
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