HomeMy WebLinkAbout2007-083
(Companion Resolution 2007-84) .
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2 RESOLUTION NO. 7007 111
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AGREEMENT TO FORM A LANDSCAPE
4 MAINTENANCE DISTRICT WITH SE 1-215, LP AND HSB 1-215, LP, FOR THAT
5 CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF 1-215,
NORTH OF SHANDIN HILLS GOLF COURSE, SOUTH OF UNIVERSITY P ARKW A Y,
6 AND EAST OF CAJON BOULEVARD.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION I. That the Mayor of the City of San Bernardino is hereby authorized and
10 directed to execute on behalf of said City an Agreement and Petition of Property Owner Requesting
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Thereunder, with SE 1-215, LP and HSB 1-215, LP, each a California Limited Partnership, and
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Formation of Landscape Maintenance District and Consent to the Levy of Special Assessments
Hillwood Enterprises, LP, a Texas Limited Partnership, for that certain real property generally
15 located on the west side ofl-215, north of Shandin Hills Golf Course, south of University Parkway,
16 and east of Cajon Boulevard, attached hereto and incorporated herein as Attachment "B."
17 SECTION 2. This resolution is rescinded ifthe parties to the contract fail to execute it
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within sixty (60) days of the passage ofthe resolution.
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03/15/2007
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AGREEMENT TO FORM A LANDSCAPE
MAINTENANCE DISTRICT WITH SE 1-215, LP AND HSB 1-215, LP, FOR THAT
CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF 1-215,
NORTH OF SHANDIN IDLLS GOLF COURSE, SOUTH OF UNIVERSITY PARKWAY,
AND EAST OF CAJON BOULEVARD.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a joint regular meeting thereof held on
the 19th day of March
Council Members: AYES
ESTRADA x
BAXTER X
BRINKER x
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
, 2007, by the following vote, to-wit:
NAYS
ABSTAIN ABSENT
~~Lh. ~
"t'J:S...
The foregoing resolution is hereby approved thi~ day of March
,2007.
.
Approved as to form:
~L<' 1- I~
~es F. Penman
ity Attorney
03/07/07
2
r
Recorded In Official Records, County of San Bernardino
2007-83
LARRY WALKER
Auditor/Controller - Recorder
3/28/2007
12:04 PM .
BS
P Counter
Recording Requested by
And When Recorded Mail To:
Doc#:
Tilles: 1 Peges: g
Fees 0.00
Taxes e. 1210
Other 121.00
PAID $121.00
City of San Bernardino
Development Services Department
Division of Public Works
Attn: City Engineer
300 North "D" Street
San Bernardino, California 92418
AGREEMENT AND
PETITION OF PROPERTY OWNER REQUESTING
FORMATION OF LANDSCAPE MAINTENANCE
DISTRICT AND CONSENT TO THE LEVY OF
SPECIAL ASSESSMENTS THEREUNDER
THIS AGREEMENT AND PETITION OF PROPERTY OWNER REQUESTING
FORMATION OF LANDSCAPE MAINTENANCE DISTRICT AND CONSENT TO THE LEVY
OF SPECIAL ASSESSMENTS THEREUNDER (this "Agreement") is dated as of March , 2007,
and evidences the request ofHSB 1-215, L.P. and SE 1-215, L.P., each a California limited partnership,
and Hillwood Enterprises, L.P., a Texas limited partnership (collectively, "Owner"), the owner of the
property more fully described in Exhibit "A" attached hereto (the "Property"), for the Mayor and
Common Council of the City of San Bernardino (the "City"), to proceed without further notice to
Owner, and its successors and assigns, to form a special landscape maintenance assessment district for
the Property for the purposes set forth below in this Agreement.
OWNER HEREBY SUBMITS THIS AGREEMENT TO THE CITY AND DECLARES,
COVENANTS AND AGREES AS FOLLOWS:
Section 1. As used in this Agreement the words "Assessment District Areas" mean and refer to
the portions of the Property described as follows:
(i) Lot C.
(ii) Lot D.
(iii) The 20-foot storm drain and access easement extending southeasterly from the most
easterly cul-de-sac at the end of Lot B to Lot D (together, the "Storm Drain Easement Area").
(iv) Lot C, Lot D and the Storm Drain Easement Area are shown on the copy of page 8 of
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r:\EMPENO\Development Services\Landscape Maintenance. 3~15-07 FINALdoc
Parcel Map No. 17375 that is part of the attached Exhibit A-I.
Owner is the property owner of Lot D and the Storm Drain Easement Area. The City is the
property owner of Lot C. The City joins in this Agreement for the sole purpose of evidencing its
consent to this Agreement for the purpose of the inclusion of Lot C as part of the Assessment District
Areas and shall have no obligation for the payment of any assessments referenced in this Agreement or
by the Landscape District (hereinafter defined). Owner has agreed to offer to dedicate Lot D to the
City together with the storm drain easements that carry storm water to Lot D as shown on Exhibit A-I.
Section 2. This Agreement is delivered to the City in accordance with the provisions of City of
San Bernardino Municipal Code Section 12.90.040 C.5., and other applicable law including, without
limitation, Streets and Highways Code Section 22500, et seq., in order to satisfy certain conditions of
the approval by the City for the development, improvement and use of the Property under City
Development Permit II No. 05-18, dated October 17, 2006, as the same relates to the formation a
landscape maintenance assessment district (D.P. II No. 05-18: Public Works Division Condition No.
2(c) and (w)) for the Property for the purpose of providing for the maintenance and servicing of public
. landscaping improvements within the Assessment District Areas. The City accepts this Agreement in
full and complete satisfaction ofDP II No. 05-18, Public Works Department Condition No. 2(w).
Section 3. (a) Owner for itself and its successors and assigns hereby requests the City to initiate
proceedings to form a landscape maintenance assessment district for the purposes set forth in Section
3(b) below (the "Landscape District") for the maintenance and servicing of public landscaping
improvements on the portion of the Property situated within the Assessment District Areas. The
Landscape District may only include the Assessment District Areas for the purposes set forth in
Section 3(b) below and the Property for the purposes of the levy and collection of the assessment as
may hereafter be ordered by the City under and subject to Section 4 below.
(b) Within the Assessment District Areas, the Landscape District and the special assessments as
may hereafter be levied by the City each fiscal year may provide for the following improvements:
(i) the maintenance and servicing by the City of any planting of landscaping within the
Assessment District Areas approved by the City and installed within the Assessment
District Areas by the owner of the Property in accordance with D.P. II No. 05-18. As
used herein, the words "maintenance and servicing" mean and refer to the furnishing of
services and materials for the ordinary and usual maintenance, operation of the
landscaping installed by any owner of the Property in the Assessment District Areas
including providing for the growth, health, cultivation, irrigation, trimming, spraying,
fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and
other solid waste and the cleaning, sandblasting and painting of walls and other
improvements to remove or cover graffiti; and
(ii) incidental costs associated with the maintenance and servlcmg described in
subparagraph (i), above, including the costs of preparation of engineering reports and
the collection of the assessment.
-2-
(c) Owner for itself and its successors and assigns hereby waives its right to protest the formation
of the Landscape District and further waives any right to object to the performance by the City of any
of the maintenance or furnishing of services described in Section 3(b) under City Municipal Code
Section 12.90, et seq., or other applicable law, subject to the provisions of Section 4 below. Owner for
itself and its successors and assigns hereby waives any requirement for giving or receipt of notice from
the City with respect to the formation of the Landscape District or, except as provided in Section 4(ii),
the ordering or performance of any maintenance or furnishing of services in the Assessment District
Areas described in Section 3(b).
Section 4. Owner for itself and its successors and assigns hereby waives right to protest the
amount of any assessment which may hereafter be levied by the City on the Property for the Landscape
District under City Municipal Code Section 12.90, et seq., or other applicable law including, without
limitation, Streets and Highways Code Section 22620, et seq., in any year for the performance by the
City of any maintenance or services in the Assessment District Areas, and hereby consents to the levy
of a special assessment on the Property therefor, subject to the following conditions:
(i) the City shall have completed the formation of the Landscape District as evidenced by
the recordation of an assessment district boundary map which conforms with this
Agreement and the requirements of Streets and Highways Code Section 3111 or filed a
resolution confirming the formation of such Landscape District and assessment under
other applicable law, including, without limitation, Streets and Highways Code Section
22641;
(ii) pursuant to a Default Assessment Agreement by and between the City and Owner in
such form as is typically used by the City, subject to City approval at its discretion, in
the event Owner or any then current owner of the Property shall have failed to perform
the maintenance or furnishing of services described in Section 3(b) within the
Assessment District Areas or any portion thereof following at least sixty (60) days prior
written notice from the City ordering Owner or the then current owners of the Property
to perform the maintenance or furnishing of services described in such notice (subject to
prudent seasonal planting practices); and
(iii) the amount of the assessment levied by the City for maintenance or furnishing of
services it may perform under subparagraph (ii), above, shall not exceed the lesser of:
(A) the actual costs paid by the City for the performance of such maintenance and
servicing, plus a reasonable administrative charge; or: (B) Fifty Cents ($0.50)
multiplied by the number of square feet within the Assessment District Areas on which
the City performed the maintenance or furnishing of services described in the notice,
adjusted as of July I of each year following the recordation of this Agreement by an
amount equal to the change (if any) over the twelve (12) months preceding the last such
adjustment in the Consumer Price Index (all items) all urban consumers (with a base
1982 = 100) for the San Bernardino-Riverside metropolitan areas as published by the
United States Department of Labor, Business of Labor Statistics.
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Section 5. Owner for itself and its successors and assigns hereby acknowledges and consents to
the collection of any special assessments as may hereafter be levied by the City under Section 4, at the
same time and in the same manner as county property taxes are collected and all the laws providing for
the collection and enforcement of county property taxes shall apply to the collection and enforcement
of any such assessments
Section 6. This Agreement shall not be withdrawn. modified or amended by the owner of the
Property without the prior written consent of the City, which consent the City may grant or withhold in
its sole and absolute discretion and such consent of the City shall be evidenced by an instrument in
recordable form.
THIS AGREEMENT has been executed by the authorized officers of Owner and the City on the date
indicated next to the signatures of each of them.
CITY:
CITY OF SAN BERNARDINO, CALIFORNIA
~.
By: ~ r---src
atric J. Morris~r
Date: MarchotO, 2007
Approved as to Form:
Date: March
,2007
(Signatures continued on the following page.)
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OWNER:
HSB 1-215, L.P.,
a California limited partnership
By: HSB GP, LLC,
a California limited liability company,
Its general partner
By: HGI GP, LLC,
a Texas limited liability company,
its sole member
By: HGI Group, L.P.,
a Texas limited partnership,
its sole member
By: Hillwood Associates, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Development Company, LLC,
a Texas limited liabili ompany,
its general
By:
Nam
Title:
Date:
(Signatures continued on the following page.)
-5-
SE 1-215, L.P.,
a California limited partnership
By: HSB GP, LLC,
a California limited liability company,
Its general partner
By: HGI GP, LLC,
a Texas limited liability company, its sole member
By: HGI Group, L.P.,
a Texas limited partnership, its sole member
By: Hillwood Associates, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its general part r
By:
Name:
Title:
Date:
"" Yl..t55
. .D.e n+-
HILLWOOD ENTERPRISES, L.P.,
a Texas limited partnership
By: . AHB, LLC,
a Texas limited liability company,
its general partner
By:
Name.
Title:
Date:
-6-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of San Bernardino )
On
March 27. 2007, before me, Marissa L. Johnson, Notary Public, personally appeared John M. Maeness ,
[g] personally known to me
o proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in hislher/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person( s) acted, executed the instrument.
J-- - - =~=o-J
I~ -_.-.., !
~~~~~~t
WITNESS my hand and official seal.
JJt1/k~) eX. JJtrn.SfiJ
Signature of Notary Public
* * * * * ** * * * * ** * * * * * * * * * * * OPTIONAL * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Though the information below is not required by law, it may prove valuable to persons relying on this document and
could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type ofDocurnent: Agreement and Petition of Property Owner Requesting Formation of Landscape
Maintenance District and Consent to the Levy of Special Assessments Thereunder
Document Date: March 27, 2007
Number of Pages: Six (6) plus exhibits
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
RIGHT
THUMBPRINT
OF SIGNER
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner --0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top ofthumb here
Signer is Representing:
., '..
EXHIBIT A
Parcels 1, 2, 3, 4, 5 and 6 of the property that is the subject of City of San Bernardino Parcel
Map No. 17375 recorded at Pa,I( B "Z1;f841ifficial Records, San Bernardino County, California. A
copy of Page 8 of Parcel Map No. 1737 showing Lot C, Lot D and the Storm Drain Easement Area is
attached as Exhibit A-I.
Exhibit A
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