HomeMy WebLinkAbout2007-084
(Companion Resolution 2007-83)
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF PUBLIC RIGHT OF WAY USE RESTRICTION
4 AGREEMENT WITH HILLWOOD ENTERPRISES, LP, FOR THAT CERTAIN REAL
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF 1-215, NORTH OF
5 SHANDIN HILLS GOLF COURSE, SOUTH OF UNIVERSITY PARKWAY, AND EAST
6 OF CAJON BOULEVARD.
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RESOLUTION NO.
2007-84
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
10 directed to execute on behalf of said City the 2007 Public Right of Way Use Restriction Agreement
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by and between the City and SE 1-215, LP and HSB 1-215, LP, each a California Limited
Partnership, and Hillwood Enterprises, LP, a Texas Limited Partnership, for that certain real
property generally located on the west side ofI-2I5, north of Shand in Hills Golf Course, south of
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15 University Parkway, and east of Cajon Boulevard, attached hereto and incorporated herein as
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Attachment "C."
SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of the passage of the 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 PUBLiC RIGHT OF WAY USE RESTRICTION
AGREEMENT WITH HILLWOOD ENTERPRISES, LP, FOR THAT CERTAIN REAL
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF 1-215, NORTH OF
SHANDIN HILLS 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
Common Council of the City of San Bernardino at a joint regular meeting thereof held
9 on the 19th day of March
,2007, by the following vote, to-wit:
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
(;L~.J... h. ~
~
The foregoing resolution is hereby approved thi~ ~~y of March
,2007.
~
es F. Penman
ity Attorney
03/07/07
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2007-84
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF SAN BERNARDINO,
CALIFORNIA
300 North "D" Street, Sixth Floor
Office of the City Attorney
San Bernardino, California 92408
Attention: Mr. James F. Penman, City Attorney
Recorded in Official Records, County of San Bernardino
~:L LARRY WALKER
19 Auditor/Controller - Recorder
\.:.>;<, P Counter
Doc#: 2007 - 0192178
" " 11111 "" 1111111
Tilles: 1
Fees
Taxes
Other
PAID
(Space Above Line for Use By Recorder)
Recording Fee Exempt Pursuant to Government Code Section 6103
2007
PUBLIC RIGHT-OF-WAY
USE RESTRICTION AGREEMENT
BY AND BETWEEN
CITY OF SAN BERNARDINO, CALIFORNIA
AND
HILLWOOD ENTERPRISES, LP,
A TEXAS LIMITED PARTNERSHIP
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F:\EMPENO\Development Services\Use Restriction Agmt-3-15-07 Finall.doc
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2007
PUBLIC RIGHT-OF-WAY
USE RESTRICTION AGREEMENT
This Public Right-of-Way Use Restriction Agreement is entered into as of this _ day of
March, 2007 (this "Agreement"), and is by and between the City of San Bernardino, California, a
charter city duly organized and existing pursuant to the Constitution of the State of California
(the "City"), and SE 1-215, L.P., a California limited partnership, HSB 1-215, L.P., a California
limited partnership and Hillwood Enterprises, LP, a Texas limited partnership (collectively
"Hillwood"), with respect to the following facts and commitments as set forth below:
RECITALS
WHEREAS, Hillwood and the Redevelopment Agency of the City of San Bernardino
(the "Agency") have entered into that certain Disposition and Development Agreement dated as
of September 18, 2006 (the "DDA"), which DDA provides, in addition to other matters, for the
exchange of parcels by and between Hillwood and Agency to accomplish the development of the
property as identified in the DDA; and
WHEREAS, Section 2.02(b)(vi)A., B. and C. of the DDA contains certain use restrictions
which the Agency seeks to have imposed by the City in connection with the recordation of the
final version of the Parcel Map No. 17375 (the "Parcel Map") by Hillwood which use restrictions
shall be with respect to Lot C as identified in the Parcel Map and as referenced in the DDA; and
WHEREAS; the Agency intends to transfer Parcel 8 to Hillwood prior to the recordation
of the Parcel Map subject to the requirements of the DDA that Hillwood shall file or cause to be
filed for record the final version of the Parcel Map in the manner as contemplated by the DDA;
and
WHEREAS, the DDA provides that Lot C, as described in the legal description and map
as attached hereto as Exhibit "A", shall be transferred to the Agency in accordance with the
DDA, and the Agency and Hillwood have acknowledged that a transfer to the City of Lot C
pursuant to the Parcel Map in lieu of any similar transfer to the Agency will satisfy the
conditions as contained in the DDA; and
WHEREAS, the City and Hillwood seek to enter into this Agreement to accomplish the
final recordation of the Parcel Map and to satisfy the requisite conditions of the DDA.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COMMITMENTS AS CONTAINED IN THIS AGREEMENT, THE CITY AND HILLWOOD
DO HEREBY AGREE, AS FOLLOWS:
Section I. The Recitals as contained herein are accurate and correct in all respects.
2
Section 2. Hillwood acknowledges and agrees that pursuant to and simultaneously with
the recordation of the final Parcel Map, Lot C as identified on the Parcel Map shall be transferred
in fee title to the City for purposes of a municipal public street right-of-way for the construction
and installation and maintaining of all utilities, landscaping and rights of access by the general
public through the designated roadway portions of Lot C. Hillwood further acknowledges and
agrees that portions of Lot C will have restricted access for emergency purposes in furtherance of
the public health, safety and welfare and for law enforcement purposes, in addition to the
following specified permitted uses by the enumerated entities and similar types of public uses:
(i) the City, and all departments and agencies of the City, including, but not limited to, the Fire
Department, Police Department and the City of San Bernardino Municipal Water Department;
(ii) the County of San Bernardino for access to County properties in the vicinity of Lot C
including properties owned and maintained by the County Flood Control District; (iii) the San
Bernardino Associated Governments ("SANBAG") for access to all bridges, abutments,
roadways, landscaped areas, construction easements and embankments as necessary presently or
at anytime in the future for access to, repair and maintenance of or reconstruction of the grade
separation crossing to be constructed by SANBAG upon a portion of Lot C; (iv) all private and
public utility purveyors having existing easements or are granted easements in the future by the
City in all or any portion of Lot C whether or not within the designated roadway; and (v) the
BNSF Railroad and any and all successors in interest to said Railroad then maintaining or
operating a railroad right-of-way westerly of Lot C for purposes of access to such railroad right-
of-way for construction, inspection and maintenance purposes but excluding the installation of
any operating railroad right-of-way within Lot C.
Section 3. The DDA contains in Section 2.02(b)(iv)A., B. and C. substantially the
following restrictions upon the use of Lot C which shall be operative for all purposes of this
Agreement in the form as provided herein with such restrictions being hereby imposed on Lot C:
A. The City upon acceptance of the dedication of and title to Lot C,
and at all times thereafter, shall use Lot C only for the purposes of constructing, operating and
maintaining the roadway and other improvements generally described and shown on the attached
Exhibit "B" as attached to the DDA (which is Exhibit "B" to this Agreement), with such
modifications thereof as the City determines appropriate for the contemplated grade separation
crossing of University Parkway over the BNSF Railroad right-of-way line, the curb-out for the
street providing access to the remainder of the property identified in the Parcel Map, the
provision of a route for utilities to serve the properties identified in the Parcel Map and for the
City Fire Department to gain emergency access to all such properties within the Parcel Map, and
access for all other public agencies and other public utility companies as determined appropriate
by the City and access for the BNSF Railroad for purposes of access to the BNSF railroad line
(collectively, the "Lot C Roadway Improvements").
B. Prior to the completion and opening to public use of the Lot C
Roadway Improvements, the City shall use reasonable efforts to provide access by Hillwood and
its successors assigns and tenants to the properties identified in the Parcel Map during
construction activities by SANBAG on Lot C and westerly thereof from either University
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F:\EMPENO\Development ServiceslUse Restriction Agmt-3-15-07 Finall.doc
Parkway or Lot C as the City shall determine and as the same may be modified from time-to-
time during such period of construction activities on Lot C.
C. The City, during the construction of the Lot C Roadway
Improvements by SANBAG, shall undertake reasonable efforts to plan and pursue such
construction so that vehicular access to the properties identified in the Parcel Map is reasonably
available from University Parkway to the extent possible under the circumstances which access
routes may be modified or changed by the City from time-to-time.
Section 4. Hillwood and the City shall reasonably cooperate with the Agency to
effectuate any amendments or modifications to the restrictions contained in Section 2 and/or
Section 3 hereof for the purpose of implementing the intent of the DDA and to modify or amend,
if and to the extent necessary, the precise language of the herein set forth restrictions and use
provisions provided that the substance and purposes of such provisions are not diminished from
that which was intended by the DDA as the parties to this Agreement shall reasonably determine.
Section 5. Any enforcement of this Agreement shall be in the manner and subject to the
rights of the parties pursuant to the DDA. The City shall be entitled to exercise all rights and
remedies available to the Agency pursuant to the DDA in the enforcement of any and all
requirements of this Agreement for those matters to be undertaken by Hillwood without any
liability to the Agency. The City consents to enforcement by Hillwood in accordance with the
rights and remedies available to Hillwood pursuant to the DDA as to the City without any
liability to the Agency. The Agency shall have only those rights and remedies as provided in the
DDA for the matters as set forth therein, and the Agency is not a party to this Agreement nor
shall the Agency have any liability or responsibility whatsoever under this Agreement.
Section 6. This Agreement shall be effective from and after the date of approval and
execution by the parties hereto and shall remain in full force and effect from and after said date
until amended, modified or otherwise changed with the written consent of the parties or their
successors in interest. The parties agree that the City may rescind this Agreement if at anytime
in the future either (i) Lot C is not then reasonably required for public roadway purposes whether
by SANBAG or the City and alternative public access has been provided to the properties
identified on the Parcel Map, or (ii) the entirety of the properties identified in the Parcel Map
have been acquired by a governmental agency for a public purpose whether through a proceeding
in eminent domain or otherwise and said properties will thereafter not be used for private
development purposes. This Agreement is binding on and shall inure to the benefit of the parties
hereto and their successors and assigns.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth in the introductory paragraph hereof by the signatures of their duly authorized
representatives.
CITY OF SAN BERNARDINO,
CALIFORNIA
(SEAL)
A TrEST:
By;Q-Ju.1. h . ~
Rach'?tclark, City Clerk
APPROVED AS TO FORM:
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 artner
By:
Na e:
Title.
,
N'\.
'"I
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F:\EMPENO\Development Services\Use Restriction Agmt-3-l5-07 Finall.doc
HSB 1-215, L.P.,
a California limited partnership
By: HSB GP, LLC,
a California limited liability company,
lts general partner
By: HGI GP, LLC,
a Texas limited liability company,
its sole member
By: HGl 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 liabilil); 0 any,
its gene 1 p er
s.$
, {d.evrt-
HILLWOOD ENTERPRISES, L.P"
a Texas limited partnership
By: AHB, LLC,
a Texas limited liability
its general ner .
t'\.iS~>
.py-.,suu.-d-
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. Magness ,
[8] 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 his/her/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-~
I NoIary PubIte - California I
j . San Ilemardlno County ~
My Comm. Expires 0cI9. 2
-----------
WITNESS my hand and official seal.
J1M(~. ufmSff)
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 of Document: Public Right-of-Way Use Restriction Agreement By and Between City of San
Bernardino, Ca and Hillwood Enterprises, LP, a Texas Limited Partnership
Document Date: March 27. 2007
Number of Pages: Eight (8) 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 of thumb here
Signer is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION AND
MAP OF LOT C
OF PARCEL MAP NO. 17375
Lot C as shown on City of San Bernardino, California Parcel Map No. 17375 recorded in Book
219, Pages 84 through 91 of Parcel Maps in the official Records of San Bernardino County,
California.
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EXHIBIT A-'l
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EXHIBIT "B"
LOT C ROADWAY IMPROVEMENTS
The Following proposed improvements on Lot C (as generally shown on the attached
Exhibit "B-1"):
Interim street improvements prior to construction of the ultimate overpass consisting of
forty (40) foot A.C. pavement, A.C. herms and required graded transition slopes.
Installation of water line and dry utilities extending from the ultimate project entry street,
across the exchange parcel, to the existing utilities located in the right-of-way for University
Parkway.
Twenty-six (26) foot wide fire department emergency access road with fencing and gates as
required by the fire department.
8
48J1.150J44f1..
EXBI'RIT "8-1"
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