HomeMy WebLinkAbout2008-068RESOLUTION NO. 2008-68
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION NO. 2007-459 AND AUTHORIZING
THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT TO FORM A
LANDSCAPE MAINTENANCE DISTRICT BETWEEN THE CITY OF SAN
BERNARDINO AND SE 1-215, L.P., HSB 1-215, L.P., HW LIT INTERCHANGE, LP,
HILLWOOD LIT II, LP, AND INTERCHANGE DRAINAGE BASIN, LLC, 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, IN SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 2007-459, entitled in part to read,
"RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
AGREEMENT TO FORM A LANDSCAPE MAINTENANCE DISTRICT BETWEEN THE
CITY OF SAN BERNARDINO AND HSB 1-215, LP, SE 1-215, LP AND 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, IN SAN
BERNARDINO", is hereby rescinded.
SECTION 2. The City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, an Amendment to the Agreement between the City and
SE 1-215, L.P., HSB 1-215, L.P., HW LIT INTERCHANGE, LP, and HILL WOOD LIT n, LP, each
a California Limited Partnership, and INTERCHANGE DRAINAGE BASIN, LLC, a Califomia
limited liability company, relating to certain real property generally located on the west side ofI-
215, north of Shandin Hills Golf Course, south of University Parkway, and east of Cajon
Boulevard, in San Bernardino. A copy of the Amendment to the Agreement is attached as Exhibit
"I" and incorporated herein by reference.
SECTION 3. Authorization to execute the Amendment to the said Agreement is rescinded
if the parties fail to execute it within 60 days of the passage of this Resolution.
//1
02/06/08
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
RESCINDING RESOLUTION NO. 2007-459 AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE AGREEMENT TO FORM A LANDSCAPE MAINTENANCE DISTRICT
BETWEEN THE CITY OF SAN BERNARDINO AND SE 1-215, L.P., HSB I-US, L.P., OW LIT
INTERCHANGE, LP, HILLWOOD LIT II, LP, AND INTERCHANGE DRAINAGE BASIN, LLC, 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, IN SAN BERNARDINO.
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
8 held on the 3rd day of March
, 20~, by the following vote, to wit:
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10
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27
28
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY X
x
JOHNSON
MCCAMMACK X
~~.~
CIty lerk
The foregoing resolution is hereby approved this (;> fl day of March
,20~.
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Approved as to Form:
Neil Derry, Mayor Pro Tern
City of San Bernardino
-:;-
S F. PENMAN, City Attorney
02/06/08
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PI..EAIIE ~ lH811F0RMATION
R!CCRIlING REQII!8TI!D BY:
AND wtl!N RECOIIII!D MllIL TO:
City of San Bernardino
City Clerk
300 N. "D" Street
San Remardino, c;A 97.41 'I
APN:
FEE EXEMPT PURSUANT TO
GOV. CODE SECTION 27383
SPACE AIICM! FOR RECORIlER'lI USE ONLY
AMENDMENT TO AN AGREEMENT
DOC#: 2007-0192179
lit.. of Document
i~'l"'-f',I' "{. ~,.c~ .rA "R. "E~" ,A -F........O R:
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'RECOR..DER'S
UTS, E-' (,,") 'N! I '1
,..~ .A," ,..Ai 1.
THIS COVER SHEET ADDED TO PRCMDE ADEQUATE SPACE FOR RECORDING INFORMATION
C$3.OD AddItklMl ~conIlng F.. App....,
(Rev.6100hl)
Exhibit "I"
(tNCRIIS:'()oc EllamlCover ~
2008-68
PlEASE COMPlETE THIS INFORMATION
Recorded In Olftclal Record., Counly of SaR Bernardino
311312008
1:28 PM
BN
RECORDIIG REQUESTED BY:
'f) lA/lRY WALKER
\~. ,,:. ." Auditor/Controller - Recorder
. . P Counter
".'
Doc#: 2008-0113112
~ ~nnllllllllllll~ n
Titles: 1
PAID
Peges: 22
0.00
0.00
0.00
50.00
AND MEN RECORDED _L TO:
City of San Bernardino
City Clerk
300 N. "D" Street
San Remllrdino, C.A 92415
Fees
TaxII.
Other
APN:
FEE EXEMPT PURSUANT TO
GOV. CODE SECTION 27383
SPACE ABOVE FOR RECORDER"S USE ONLY
AMENDMENT TO AN AGREEMENT
DCK:#:2007-0192179
lit.. of Document
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applloa)
:~(.&\t. t\'r.:'~':".ai
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2008-68
AMENDMENT TO AGREEMENT AND PETITION
OF PROPERTY OWNER REQUESTING
FORMATION OF LANDSCAPE MAINTENANCE
DISTRICT AND CONSENT TO THE LEVY OF
SPECIAL ASSESSMENTS THEREUNDER
This AMENDMENT TO AGREEEMENT AND PETITION OF PROPERTY
OWNER REQUESTING FORMATION OF LANDSCAPE MAINTENANCE
DISTRICT AND CONSENT TO THE LEVY OF SPECIAL ASSESSMENTS
THEREUNDER (the "Amendment") is made as of this
3rd
day of
March
, 2008, by and between the CITY OF SAN BERNARDINO, a
municipal corporation (hereinafter referred to as "City") and SE 1-215, L.P., a California
limited partnership ("SE 1-215"), HSB 1-215, L.P., a California limited partnership ("HSB
1-215"), HW LiT INTERCHANGE, LP, a California limited partnership ("HW LIT"),
HILLWOOD LIT II, LP, a California limited partnership ("HiIlwood LIT II"), and
INTERCHANGE DRAINAGE BASIN, LLC, a California limited liability company
("IDB") (hereinafter collectively referred to as "Owner").
WHEREAS, the City and HILLWOOD ENTERPRISES, L.P., a Texas limited
partnership ("BENT"), SE 1-215 and HSB 1-215 had previously executed an Agreement
and Petition of Property Owner Requesting Formation of Landscape Maintenance District
and Consent to Levy of Special Assessments Thereunder, recorded March 28, 2007, as
Document No. 2007-0192179, in the County Recorder's Office, San Bernardino County,
California ("Agreement"), a copy of which is attached hereto and incorporated herein as
Exhibit "A", for that certain 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, in
San Bernardino; and
I
2008-68
WHEREAS, SE 1-215, HSB 1-215, and HENT subsequently conveyed their
respective interests in the Property as follows, to wit:
1. SE 1-215 and HENT conveyed all of their interests with respect to Lot D to
IDB by that certain Grant Deed recorded on August 2, 2007 as Document No. 2007-
0451213 in the Official Records of San Bernardino County, California ("Official
Records");
2. HSB 1-215, SE 1-215 and HENT conveyed all of their interests with respect
to Parcels 1 and 3 to SE 1-215 by that certain Grant Deed recorded on May 16, 2007 as
Document No. 2007-0297451 in Official Records;
3. HSB 1-215, SE 1-215 and HENT conveyed all of their interests with respect
to Parcel 2 to HW LIT by that certain Grant Deed recorded on April 2, 2007 as Document
No. 2007-0201658 in Official Records;
4. HSB 1-215, SE 1-215 and HENT conveyed all of their interests with respect
to Parcels 4,5 and 6 to HSB 1-215 by that certain Grant Deed recorded on May 16,2007 as
Document No. 2007-0297450 in Official Records; and
5. HSB 1-215, SE 1-215 and HENT conveyed all of their interests with respect
to Parcel 7 to Hillwood LIT II by that certain Grant Deed recorded on April 2, 2007 as
Document No. 2007-0201659 in Official Records.
(Remainder of page intentionally left blank.)
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2008-68
NOW THEREFORE, the parties hereby mutually agree to an amendment to said
Agreement as follows:
1. Section 4 (ii) of said Agreement is hereby deleted.
2. All other terms and conditions of said Agreement shall remain in full force and
effect.
(Signatures on the following page.)
3
2008-68
IN WITNESS WHEREOF, the parties have executed this Amendment the day and
year as first written above.
CITY:
CITY OF SAN BERNARDINO
Date: -I ~r
By:
F
ATTEST:
~k.~
RAC EL CLARK, City Clerk
Approved as to Form:
S F. PENMAN, City Attorney
(Signatures continued on the following page.)
4
2008-68
OWNER:
SE 1-215, L.P.,
a California limited partnership
(pARCELS 1 AND 3)
By: HSB GP, LLC,
a California limited liability company,
Its general partner
By:
By:
any, its sole member
HW LIT INTERCHANGE, LP,
a California limited partnership
(pARCEL 2)
By: DTC Phase II, LLC,
a Delaware limited Iiabi .
its g er
HSB 1-215, L.P.,
a California limited partnership
(PARCELS 4, 5 AND 6)
By: HSB GP, LLC,
a California limited liability company,
Its general partner
By:
(Signatures continued on the foDowing page)
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2008-68
IDLLWOOD LIT II, LP,
a Delaware limited partnership
(pARCEL 7)
By: Hillwood LIT II GP, LLC,
a Texas limited liability company,
its general partner
By:
INTERCHANGE DRAINAGE BASIN, LLC,
a California limited liability company
(LOT D)
By: InterChange Business Center Association,
a California non-profi ration,
its so
By.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of San Bernardino )
On March 13. 2008. before me, Theresa Wright, Notary Public, personally appeared John M. Mamess,
r u - - - - - fiI.i.l WilciHT - . - f
. CommlUlon" 17U336
,. NoIaIy PublIc . CallIomIa I
tan IematClInO Counly .
r~~ ~ _Mtccnm.___~~_1 ,
Who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscnbed 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
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
~/1J?AO UJ~
. Signature of Notary Pub
************************ 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: Amendment to Agreement & Petition of Property Owner Requesting Formation of
Landscape Maintenance District & Consent to the Levy of Special Assessments Thereunder. PARCEL I & 3
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
RIGHT
lHUMBPRINT
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:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Stale of California
.
)
) SS.
)
County of San Bernardioo
On March 13. 2008. before me, Theresa Wright, Notary Public, personally appeared John M. Malllless,
i.- . ." - - - ~~::: ~:~:~;3~ -t
," NoIaIy PublIc "CaUtomla I
Ian lemardlna county -
t _ Mv~~MclyUl11 . '
Who 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 helshelthey executed the
same in hislher/their authorized capacity(ies), and
that by hislher/their signature( s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
I certifY under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal.
~j~Ah1/2 flbE
" Signature of Notary Publi
************************ OPTIONAL ****************************
Though the information below is not required by low, 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: Amendment to Agreement & Petition of Property Owner Requesting Formation of
Landscape Maintenance District & Consent to the Levy of Special Assessments Thereunder. PARCEL 2
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
RIGHT
lHUMBPRINT
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:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of San Bernardino )
On March 13.2008, before me, Theresa Wright, Notary Public, personally appeared John M. Ma2lless.
r------::-w---
. Commlll>>n :"1""16 I
i Nolaly ~ . CCIIIIomIa I
, Ian Iemaldlno COWlIr .
,_ _ . _ : .~~:1_.~~~_1 ..I
Who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in llis!her/their authorized capacity(ies), and
that by hislher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURy under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
~ iL~f
Signatore 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.
Descrlptlon of Attached Document
Title or Type of Document Amendment to Agreement & Petition of Property Owner Requesting Formation of
Landscape Maintenance District & Consent to the Levy of Special Assessments Thereunder. PARCEL 4, 5 & 6
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
RIGHT
lHUMBPRINT
OF SIGNER
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partoer -0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer is Representing:
iii;-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
)SS.
County of San Bernardino )
On March 13. 2008. before me, Theresa Wright, Notary Public, personally appeared John M. Mooneos.
I- - . - - - - - THEREsA WRI$HT - . -I
. Commllllon # 1743336
I" Notory Public - Colllomlo I
Ion lemo,dlno County .
t. Mv~,!*-MavS.2011 f
Who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the withio instrument and
acknowledged to me that he/she/they executed the
same in bislher/their authorized capacity(ies), and
that by hislher/their signatore(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
~~ lt~
Signatore 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: Amendment to Agreement & Petition of Property Owner Requesting Formation of
Landscape Maintenance District & Consent to the Levy of Special Assessments Thereunder. PARCEL 7
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
RIGHT
THUMBPRINT
OF SIGNER
Signer's Name:
o Individnal
o Corpomte Officer- Title(s):
o Partoer -0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top ofdwmb here
Signer is Representing:
"'-"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of San Bernardino )
On March 13. 2008. before me, Theresa Wright, Notary Public, personally appeared John M. Ma""ess.
,- - - -..... -. - -.. - - . .
1..~O:;=~!~:a ~
Ian Ie,nardlno County -
J. _ . . _ ."'Ccm'n."_3.:~)l1 r
Who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscnbed to the within instrument and
acknowledged to me that helshe/they executed the
same in bislher/their authorized capacity(ies), and
that by hislher/their signatore(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
I certify under PENALTY OF PERJURy under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
~~A~ ~
Signatore of Notary Pub .
************************ 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: Amendment to Agreement & Petition of Property Owner Requesting Fonnation of
Landscape Maintenance District & Consent to the Levy of Special Assessments Thereunder. LOT D
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
RIGIIT
TIlUMBPRINT
OF SIGNER
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partoer -0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb b""
Signer is Representing:
.
2008-68
Relorded I. OUlOIII RlOGrdI. COlnly 01 sal ..,urdlno
3/2112007
12:04 PM
88
2007-83
~ lAIUIY WALIlER
\~. ... '. AudllorlControlll, - RecDrd.r
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"
BoeN: 2007 - 0192179
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Recording Rcqu.:sted by
Anu When Recorded Mail To:
City of San Bernardino
Den:lopment Services Department
Division of Public Works
Alln: City Engineer
300 North "0" Street
San Bernardino, California 92418
r.l.
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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 ~istrict Areas" mean and refer to
the portions of the Property described as follows:
(i) Lot C.
(ii) Lot O.
(iii) The 20-foot sthrm drain and access easement extending southeasterly from the most
easterly cul.de-sac at the endtfLot B to Lot 0 (together, the "Storm Drain Easement Area").
(iv) Lot C, Lot 0 ~d the Storm Drain Ea.sement Area are shown on the copy of page 8 of
-I.
F:\I::MPENO\DeHlopmenl Servil:cs\Ltndsc pc \iamtenance. J.!5"()7 ii\lAL.doc:
I
I
I
Exhibit "A"
11:.':;'"-'
2008-68
Parcel Map No. 17375 that is part of the attachcd Exhibit A-I.
Owner is the property owner of Lot D and the Storm Drain Easemcnt 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
3tb) 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 servlclOg described in
subparagraph (i), above, including the costs of preparation of engineering reports and
the collection of the assessment.
-2-
'"
2008-68
(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
othet 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 (50.50)
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.
-3-
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2008-68
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--t1..
atric J. MOnis~r
Date: March.lo, 2007
Approved as to Form:
Date: March --' 2007
(Signatures continued on the following page.)
.4.
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2008-68
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: HiIlwood Associates, L.P.,
a Texas limited partnership,
its general partner
By:
(Signatures continued on the following page.)
-5-
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2008-68
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 p
By:
Name:' ~-r, \,\" r.' ! .\ \I.l.
Title:' , r \;
Date: March .n, 2007
HILLWOOD ENTERPRISES, L.P.,
a Texas limited partnership
By: ' AHB, LLC,
a Texas limited liability company,
its general partner "
\". ~ ./
By: ~',
Name: :)j' h t', ~A.'" ,
Title: ~'''<'....}.,u. P"~,..tL'<,~
Date: 'av' <'.1.\ ~.,. 2( ..,1
-6-
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2008-68
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of San Bcl1llrdino )
On Man:h 27. 2007. before me, Marissa L. Johnson, Notary Public, penonaIly appeared John M. MII2lIeSS .
IEl personally known to. me
o proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed the
same in hisIher/their authorized capacity(ies), and
that by hislher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) Kled, executed the instrument.
fa ~LJCll'lIClN
c:...._ . . . .1.1l61li
....., NIlID . (' - ..
....... ..- CounIr
urea... ....Oat....
WITNESS my hand and official seal.
J.,1(L]u;~~. U~rl
Signature ofNoIary Public
........................ OPTIONAL ............................
Though /he i1(ormOtttJ1l below Is not required by low, it may prove valuable to perSOM ,elying on this document and
emIld prevent /i'audIIIent """oval and f'fla/lachment of th/8 form to another docwnent
DeserlptIon of Attacbed Document
Title or Type of Document Agreement and Petition of Property Owner Requesting Fonnation of Landscape
Maintenance Dislrict and Consent to the Levy of Special Assessments Thereunder
Document Dale: March 27, 2007
Number of Pages: Six (6) plus exhibits
SigDer(s) Other Than Named Above:
Capaeity(ies) Claimed by Signer
RIGHT
THUMBPRINT
Of SIONER
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 ./thumb h_
Signer is Representing:
.,
2008-68
EXHIBIT A
Parcels I, 2, 3, 4, 5 and 6 of the prope,ny that is the subject of City of San Bernardino Parcel
Map No. 17375 recorded at PIlf B s'i..-"'UffiCial Records, San Bernardino COWlty, 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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EXHI9IT A-I
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