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,CITY OF SAN BERNOIDINO - REQUEST FOR COUNCIL ACTION..
.
From: Al Boughey, Director
Subject: Stubblefield Access Agreement __
Development Agreement No. 93-01 and'
Variance No. 93-07
Dept: Planning & Building Services
Date: July 12, 1994
MCC mtg. of July 18, 1994 @ 2 p.m.
Synopsis of Previous Council ection:
RlCOIllmended motion:
That this item be continued, without discussion, until August I, 1994.
Contact person:
Supponing data ttr...hed:
N/A
Phone:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
(Acct. DescriDtionl
Fin_:
=<<MIncil Notes:
'5002S2
Aaenda I...m Nn J..t
.II - - J 411
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CITY O~ SAM BBRRaRDIBO
pl&DDinq and Buildinq Service. Department
M_orandUID
FROM:
Mayor and Common Council
Al BOU9h~Director, Planning
and Building Services
TO:
SUBJECT: Agenda Item No. 50 - Stubblefield Access (DA 93-01 and
VAR 93-07) - Revised Conditions of Approval
DATE: June 20, 1994
COPIES: James Penman, city Attorney; Rachel Clark, City Clerk;
Shauna Clark, City Administrator
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I recommend that Exhibit 4, Conditions of Approval, be revised,
subject to refinement of the wording by the City Attorney, as
follows:
1) Page 5, paragraphs 4 (b) (iii) and (A) should be revised to
reference 4 years from the effective date, with a one year
extension, for a total of 5 years. (This was previously COA
No.1, but has been modified.)
2) Page 6, 'paragraph 4(b)(iv)(l and 5) should be revised as
follows:
(1) Concrete curbs and gutters will be installed on the ~
ADS west sides of the East Frontage Road.
(5) No sidewalk will be required on the east side of the East
Frontage Road.
3) pages 6-7, the paragraph following 4 (b)(iv)(5) should be
revised to remove everything starting with (b) to the end of
the paragraph.
It is necessary to clarify that the Developer's contribution
is toward East Frontage Road improvements only. Reference to
all other improvements should be deleted.
4) Page 7, the last paragraph in 4 (b) (iv) (5) pertaining to
indemnification should be deleted.
5) Page 7, paragraph 4(c) should be deleted.
6) Page 8, paragraph 5(a) should be revised to change the term
from 35 years to 25 years. The last sentence pertaining to
vesting of the roadways should be preceded by the word "Only."
(This was previously COA No.2, but has been modified.)
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MCC 6/20/94
stubblefield Acce..
page 2
7) Page 8, paragraph 5(b) should be revised to add "or the City",
in the second sentence as follows:
"Accordingly, . . . ., then the Developer or the citv will
thereafter.......
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RECORDING-REQUESTED BY AND
WHEN RECORDED MAIL TO:
Mark: A. Ostoich. Esq.
GRESHAM, VARNER, SAVAGE,
NOLAN & TIIDEN
600 N. Arrowhead Avenue
Suite 300
San Bernardino, CA 92401
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C:T'( OF Si\l\i ut:,NAi1"'NC
')ePi':lr~/t"IT rJfi PL.ANN1NO If
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AGREEMENT
This Agreement ("Agreement") is entered into effective _, 1994, between
the City of San Bernardino, a municipal corporation, ("City") and Stubblefield ConStruction
Company, a California corporation, ("Developer").
RECITALS
A. The State Department of Transportation ("CalTrans") has jurisdiction of and has
improved certain portions of Route 330, in the municipal limits of the City, as part of State
Highway Project CU08201, EA1S7901 for Route 330 ("State Highway Project").
B. Under a pending agreement between CalTrans and the Developer, CalTrans is
reserving and has partially improved (with croshed rock and/or slag), an easement for utility and
emergency access purposes ("Secondary Access Road") in the area depicted in Exhibit "A"
attached hereto and incorporated herein by reference. The Secondary Access Road will connect
Route 330 with certain contiguous real property owned by the Developer.. ",hich is described in
Exhibit "B" attached hereto and incorporated herein bv reference ("Developer's Property").
C. In connection with the State Highway Project, CalTrans has also improved and
dedicated to the City parts of former Route 330 which are depicted in Exhibit "C" attached
hereto and incorporated herein by reference ("East Frontage Road" and "West Fronl'llge Road",
respectively). The East Frontage Road provides direct access between the Developer's Property
and Highland Avenue.
D. On June 2, 1994, CalTrans executed a Memorandum of Understanding ("City-
CalTrans MOU"), regarding the East Frontage Road, the Secondary Access Road and a pipe
arch culvert beneath Route 330 at the location depicted in Exhibit "C" ("Barnes
Undercrossing"). Specifically, the City-CalTrans MOU provides for (i) the dedTcation of the
East Frontage Road, the West Frontage Road and the Barnes Undercrossing to the City, and (ii)
certain improvements to the chainup area and the existing chain link fence at the Route 330
outlet of the Secondary Access Road. A copy of the City-CalTrans MOU is attached hereto as
Exhibit .:!2." .
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E. In order to facilitate the development of the Developer's Propelty and the general
health. welfaIe and safety of the cm7""-" of the City, the parties wish to enter inro this
Agr=meDt to vest the East Frontage Road, the SecoDdary Access Road and the Barnes
Unden:rossiDg. as legal access to and from the Developer's Property, within the IDl!aning of the
laws ofCalifomia and the City's Charter, Ordi....""'eS and Resolutions. For that limited purpose,
this Agreement is also intended to be a Development Agreement within the ml!aning of Chapter
19.40 of the City's Development Code ("Development Code") and Section 65864 et seq. of the
California Government Code. .
F. The City and the Developer acknowledge and agree that the City will derive a
benefit from this Agreement, i....m'I1JCh as the Developer's PIoperty will thereby become
developable, creating the opportunity for new jobs and housing and other consequential benefits
to the City and its citizens.
OPERATIVE PROVISIONS
1. Citv-CaJTran~ MOU. The City will execute and perform its obligations under the
City-CalTrans MOU and will use its best efforts to cause CalTrans to perform its obligations
under the City-CalTrans MOU including, without limitation, performing the work described in
the City-CalTrans MOU.
2. Dedication. Modification and Maintenal1Cl! of Access.
(a) At such time as CalTrans offers the Barnes Undercrossing for dedication
to the City, the City will accept the dedication and will thereafter maintain the East Frontage
Road, the West Frontage Road and the Barnes Undercrossing in accordance with its maintenance
standards for dedicated public streets. Notwithstanding the foregoing, the City acknowledges
that the Developer has historical rights of access through the Barnes Undercrossing and also has
rights to place and maintain underground utility facilities in an east/west alignment under Route
330, within a 200 foot sector, the center line of which coincides with the center line of the
Barnes Undercrossing, and agrees to recognize'such rights and cooperate in the exercise of such
rights.
(b) Except as otherwise provided in subparagraph 4.(b}(iv} below, from and
after the date the Developer obtains from the City the first construction permit for a building on
the Developer's Property, the Developer and its successors and assigns will maintain the
Secondary Access Road with an all weather surface, so it is useable for purposes of emergency
access. A surface of crushed rock and/or slag is hereby deemed to be an all weather surface
within the meaning of the immediately preceding sentence. At the City's request, the Developer
will grant the City a non-exclusive, irrevocable license across the Secondary Access Road, for
purposes of emergency access.
(c) Because the Developer will continue to own, manage and develop the
Developer's Property in reliance on the status of the East Frontage Road, the Secondary Access
Road and the Barnes Undercrossing as legal, conforming access to and from the Developer's
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Property, once accepted, none of the East Frontage Road, the West Frontage Road or the Ra1'lV!$
Unde.auSSiDg will be abandoned by the City, without the COIISCIIl of the DeYe1oper. In ,ddition,
based on tbe same reliance by the Developer, tbe City will not delegate its obligation to m"intllin
the East Frontage Road, the West Frontage Road or the Barnes Unden:rossing, without the
consent of the Developer.
(d) As of the effective date of this Agreement, access from the east side of the
Barnes UJJdercrossing is obstructed by vertical steel barriers which are locked ("Barriers"). At
tbe time of development of the Developer's Property, the DeYe10per and the City will consider
in good faith, alternatives to tbe Barriers which will obstruct free vehicular passage tbrough the
Barnes Unden:rossing and yet be accessible by residents of tbe Developer's PlUl""lty in times
of emergeucy; provided, however, that if the Developer and tbe City are unable to agree on an
alternative to the Barriers, which iCcomplishes the foregoing objectives, then tbe Developer may
remove the Barriers, without replacing them with any facility whatsoever.
3. Lel!:al Status of Rnatl,. The City will recognize the East Frontage Road, the
Secondary Access Road and the Barnes Undercrossing, as legal, conforming access to and from
the Developer's Property, within the m....nil'lg of the laws of California and the City's Charter,
Ordin"nc~ and Resolutions; provided, however, that the Developer's Property is developed
within the density limitations of the RS l8Dd use designstion in the City's General Plan ("General
Plan").
4. Develomnent Al!I'CCII1ent.
(a) Without limiting the effect of any other provision in this Agreement, the
parties acknowledge that the Developer intends to develop the Developer's Property in the future
and that, in connection with any such development, the permitted uses of the Developer's
Property, the density or intensity of use on the Developer's Property and the maximum size and
height of buildings on the Developer's Property will be governed by the prol""lty development
standards in the RS land use designation in the City's General Plan. Without limiting the
generality of the foregoing, the permitted uses of the Developer's Property will be limited to
single family residential, the permitted density or intensity of use on the Developer's PIOPClty
will be limited to lots with minimum sizes of 7,200 square feet and to a maximum density of
60 units on the Developer's Property and the permitted size and height of buildings on the
Developer's Property will be limited by the other applicable provisions of the City's
Development Code.
(b) The parties acknowledge that the City wishes to determine the feasibility
of improving its roadway system in the vicinity of the Developer's Property, while retllini~ ~
flexibility to delay the installation of any such improvements until fundinll sources can be
identified. The Darties also acknowled2e that the Developer has agreed to pay a portion of the
cost of constructing certain roadway improvements in the vicinity of the Develooer's Property,
Drovided that the Develooer's ability to develop the Developer's Property on an economically
feasible basis is not therebv imDaired. In order to achieve the resoective obiectives of the
Darties. the parties agree as follows:
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(i) On the earliest date that (i) this AgRen1eot has become effective,
(ii) all periodswitbin which the City's ....~ of this Agreement could be legally challenged
have expired (or if a challenge has occurred, the challenge has been finally resolved with the
provisions of this Agreement being left intact) and (ill) the City is in a position to immMiA'f!'y
commf!l1Cl!'! or cause third parties other than the Developer to COIDJllellCe construction of the
Roadway Improvements (as defined in subparagraph 4(b)(ii) below), the Developer will deposit
with the City's Director of Public Works, irrevocable fmancial assurances ("Irrevocable
Financial Assurances") which are satisfactory to the City's Director of Public Works, in the
amount of $180,000; provided, however, that at the Developer's request from time to time, the
amount of the Developer's Irrevocable Financial Assurances may be decreased to an amount
equal to $3,000 per developable single family detached unit on the Developer's Property, as that
number is reasonably determined by the City's Director of Public Works, based on engineering
provided by the Developer.
(ii) The Developer's Irrevocable Financial Assurances will represent
the Developer's agreed share of the cost of the following roadway improvements ("Roadway
Improvement.~") in the vicinity of the Developer's Property, related to the project which is
developed on the Developer's Property ("Developer's Project"):
(A) Improvements to the East Frontage Road, to improve it to
the status of a standard City public street, as determined by the City's Director of Public Works
at the time the improvements are designed ("East Frontage Road Improvements"). .
(B) Improvements to the Secondary Access Road, to improve
it to the status of a standard City public street, as determined by the City's Director of Public
Works at the time the improvements are designed ("Secondary Access Road Improvements").
The parties acknowledge and agree that nothing in this subparagraph 4(b)(ii)(B) will be deemed
to relieve the Developer of any requirement to paY4the cost of develoDin2 that portion of the
Secondary Access Road which lies between the northernmost boundary of the Developer's
Property and the southernmost boundary of the Developer's Property, as those boundaries
existed on June 20, 1994. Notwithstanding the foregoing, the Developer will have the right to
phase the construction of the portion of ~ Secondary Access Road which is described in the
immediately preceding sentence, to coincide with the phasing of construction on the Developer's
Property .
(C) Construction of an east-west vehicular and equestrian tunnel
under Highway 330 and such roadway improvements on the west side of the tunnel as are
necessary to connect the tunnel to the existing West Frontage Road and improve the West
Frontage Road to the status of a standard City public street, as determined by the City's Director
of Public Works at the time the improvements are designed ("Tunnel and Roadway Improve-
ments").
The City may use all or any portion of the funds represented by the
Developer's Irrevocable Financial Assurances, to pay the cost of any or all of the Roadway
Improvements; provided, however, that if any funds represented by the Developer's Irrevocable
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Fi11llnr.ial AssuraDces are used to first J!!L the cost of ~way Impro""'.o.e..... otbet than the.
East Fromage Road Improvemeuts, then the City may use those. funds only if tlJe.City bas,
already approved funding for the remaindf!r of the Roadway Improvements and if the City is in
a position to immMiately commence or cause third parties other than the Developer- to
comm""""" coDStruction of all of the Roadway Improvements. as a single project; UDder
coDStnlCtion contracts which are secured by performa....... and material and labor bonds covering
at least 100% of the contract ~f the Roadway Improv~ents.
(ill) In order to allow the City the flexibility to identify sources of
fnndil1gAto l!!Lthe cost of the Roadway Improvements, the Developer agrees that. unIesa the
City bas notified the Developer in writing that the City bas ,handoned the plan to COJIStnJCt the.
Roadway ImJ)rovemems, the Developer will not begin physical construction (otbea-; than
construction ne<:essary to maintain or protect the Developer's PlU....lty) of anyl'~'~~"lS
related to the Developer's Project. for a period of 3 years after the effective date of this
Agreement ("Roadway ImI)rovement Construction Period"); J)l'Ovided. however. that. the.c.
Roadwa vement Construction Period ma be eJtteDded as follows as used in this
Agreement, the way provement onstructton en w mclude all such extensions):
(A) . If as of the end of the foregoing 3 year period. the City has
commenced or has caused third parties other than the Developer to commence construction of
the Roadway Improvements under construction contracts which are secured by performa....... and
material and labor bonds covering at least 100% of the contract cost of the Roadway
Improvements. then the City will have the right to extend such 3 year period by 1 additional
year. to enable it to complete the Roadway Improvements, by giving written notice to the
Developer of its election to do so. ^
!]l ^ If as of the end of the Roadway Improvement Construction
Period [as it may have been extended as provided in this subparagraph 4(b)(ill)). the City or
third parties other than the Developer have commenced and substantially completed construction
of all of the Roadway Improvements and the City wishes to extend or further extend. as the case
may be. the Roadway Improvement Construction Period. then the City will have the ri2ht to
reauest the Developer. in writin2. to extend the Roadway Improvement Construction Period to
a date coinciding with the date of estimated completion of the Roadway Improvements (which
date will be set forth in the notice) and the Developer will not unreasonably withhold its consent
to the requested extension, on the condition that performance and material and labor bonds
covering at least 100% of the cost of the Roadway Improvements have been posted with the City
or another public agency and the Roadway Improvements are thereafter diligently prosecuted to
completion.
Nothing in this subparagraph 4(b)(ill) will be deemed to prevent the
Developer. at any time, from doing any planning, engineering and/or subdivision processing it
determines are necessary or appropriate for the Developer's Project, subject only to compliance
with the City's Development Code.
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(iv) The Developer will DOt be required to construct any of the Roadway
I:mprovemeDts audlor to perform any of. tMt~ wbic:h .il referred to in subparagraph 4(cl
below or in subparaaraph 2(b) above, as a condition of developing the Developer's P1<>9CdY,
unless the City has failed to complete or cause third parties other than the Developer to complete
constrUCtion of the Roadway ImprovemeDtS during the Roadway Improvement Construction
Period or unless the City has notified the Developer, in writing, that it has abaDdoned the Dlan
to construct the Roadwav Imnmw!lllf!llt!l, If by the end of the Roadway Improvement
Construction Period, the City has failed to complettl or cause, third parties other than the
Developer to complete construction of the Roadway Improvements or if the City has notified the
Developer, in writiDg, that it has ahlltvloDed the plan to construct the Roadway Improvements,
then the Developer will have the right to withdraw any DOItion of the Developer's Irrevocable
Financial Assurances which has not been e~ in the construction of the Roadway
Imnmvements as of the date of witbdrawal (in which event, the City will fully eoupmidc in
returning to the Developer, all evidence of the Developer's Irrevocable Financial Assurances
which is in the City's possession). In that event, the Developer will have no. further
requirements regarding the constnJction of the Roadway ImprovemeDtS and will be deemed to.
have fully satisfied its requirements related to the Developer's Project regarding the same, if the
Develooer (A) JIIdl!z4surfllCe! and mll;ntJI;.... the Sec:cmdary Access Road as provided in
subDaral!I'll)h 4(c) below (other than the portion of the SecoJldary Access Road wbic:h lies
between the northernmost boundary of the Developer's Prooerty and the southernmost boundary
of the Developer's Prooerty, as those boundaries existed on June 20, 1994, as orovided in
su~grapb 4(b){ii)(B) above) and in subparaaraoh 2(b) above aD oerfonns any other work.
which IS Drovided in subparagraph 4(c) below and Q improves the East Frontage Road to
standards which are determined by the City's Director of Public Works; provided, however, that
those standards will not be greater than the following:
(1) Curb and gutter will be installed on the west side of the East
Frontage Road.
ill The paved width of the East Frontage Road will be increased
to 32 feet.
ill A sidewalk, 4 feet in width, will be provided on the west
side of the East Frontage Road, immediately behind the curb.
ffi No greater than 4 street lights will be installed on the west
side of the East Frontage Road, behind the sidewalk.
~ . No curb, gutter or sidewalk will be required on the east side
of the East Frontage Road.
^
At any time after the effective date of this Agreement including, without
limitation, at any time after the Roadway Improvement Construction Period (if the City has not
completed or caused third parties other than the Developer to complete construction of the
Roadway ImprovemeDtS), the Developer will also have the right to pay to the City, in
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im11V'1tiately available funds, an amount of money equal to ll9Y portion of the Developer's
Irrevocable FiDaDcial Assurm:es which have not been expended by the City on the Roadway
Jmpro,~ as of the date of payment and, in that event, the Developer will have no further
requi.""....nfJ. related to the Developer's Project regarding.!& the CODStruc:tion of the Roadway
Improvements, (b) the improvements which are referred to in subparagraph 4(c) below (other
than the portion of the Secondary Access Road which lies between the nortbemmost boundary
of the Developer's Property and the soutbemmost ~ of the Developer's PIope.h', as
those boundaries existed on June 20, 1994, as proVIded m iii'bpuagraph 4(b)(ii)(B) above) or
the mai_...,.. of the Secondary Access Road which is referred to in subparagraph 2(b) above
or ~the improvements to the East Frontage Road which are referred to in this subparagraph
4(b)(iv) and will be deemed to have fully satisfied its requirements related to the Developer's
Project regarding the same.
If the City constructs or (".allseS third parties other than the Developer to
construct any or all of the Roadway Improvements, then the City agrees to defend, iDdl!!mnify
and hoid harmless the Developer, its offICers, agents and employees from any claim, action or
proc.-lillg against any of those persons, related to ~construction of any or all of the Roadway
Improvements or to the desim of the Roadway Improvements (but only to the extent that any
such claim, action or pl'(V'.-l;nR related to design is based on an act or omission which occurs
prior to completion of construction of the Roadway Improvements). In addition, if the City
constructs or causes third parties other than the Developer to construct the Secondary Access
Road Improvements, then the Developer will not be required to perform any of the construction
which is referred to in subparagraph 4(c) below or any of the maintenance which is referred to
in subparagraph 2(b) above.
(v) The parties acknowledge that a determination of the feasibility of
construction of the Roadway Improvements is exempt from thtACalifornia Environmental Quality
Act. The parties also acknowledge that the actual construction of any or all of the Roadway
Improvements may require review and approval by the City under the laws of California and the
City's Charter, Ordinances and Resolutioll'\Yfld by other government agencies under the laws
of California and their respective regulations, and the parties agree that any such construction
will be subject to compliance with all applicable laws iDCluding, without limitation, the
California Environmental Quality Act.
(vi) Nothing in this Agreement will be deemed to relieve the Developer
of any legal obligation it may have to pay a portion of the cost of constructing any improvements
to the West Frontage Road which are reasonably required as a result of traffic generated by any
project of the Developer after the effective date of this Agreement (other than the Developer's
Project), in excess of the level of traffic established in any traffic study prepared as a basis for
the design of the Tunnel and Roadway Improvements.
(c) Subiect to the provisions of subparagraph 4(b) above, which provisions
may remove the necessity of satisfying some or all of the conditions described in Exhibit "E",
attached hereto and iDCorporated herein by reference, entry by the City into this Agreement is
conditioned on satisfaction of the conditions described in Exhibit "Ef\.
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(d) As between the City and the Developer, this Agreement will be subject to
amendmcnl as fonows:
(i) Tmmllterial lIJDCII<IlIIf!t1tS to this Agreement may be made by
agreement between the Developer and the Director of ptllnniqg and Building Services of the
City.
(ii) Material ,...-I1IIf!Qts to this Agrccmcnt will require the CODSCDt of
the Developer, as well as approval by the City's PIlInniqg Commiaion and the City's City
COUJICil, fonowing such investigations, findings and other procedvm as are required by the laws
of California and the City's Charter, Ordillll...." and ResolutioDS.
S. Term lInd Termination.
(a) 1bc term of this Agreement will commCDI:~ on the effective date of this
Agreement and will continue for 3S years thereafter. However, the parties acknowledge that
the objective of this Agreement is to facilitate the development of the Developer's Property by
providing legal, vested access to and from the Developer's Property. 1bc parties also
acknowledge that circumstances beyond the Developer's control, such as the economy, may
delay the development of the Developer's Property. If (a) the Developer's Propelty is not
developed during the term of this Agreement, (b) the same findings as supported the .......tmem
of this Agreement can be made at the time and (c) no other condition exists which would
reasonably justify the cessation of the East Frontage Road, the West Frontage Road, the
Secondary Access Road and the Barnes Undercrossing as legal access to and from the
Developer's PIOperty, then the City will not unreasonably withhold its consent to a request by
the Developer for extension of the term of this Agreement. For purposes of ve.ctina the stam
of the East Frontaae Road, the Secondary Access Road and the Barnes Undercrossinll as leaal,
confo . access to and from the Devel 's , within the . of the laws of
California and the City's , Ortltn.- and ResolutioDS, the Developer's Property will
be deemed .to be developed as of the date of recordation in the Official Records of San
Bernardino County, of a parcel map or a subdivision map which has been approved by the City,
subdividing any portion of the Developer's Property.
(b) The parties acknowledge that the further objective of this Agreement is to
establish the stam of the East Frontage Road, the Secondary Access Road and the Barnes
Undcrcrossing as legal, conforming access to and from the Developer's Property, within the
meaning of the laws of California and the City's Charter, Ordinll....,.~ and ResolutioDS,
notwithstanding that the East Frontage Road, the Secondary Access Road and/or the Barnes
Undercrossing may not fully conform on the effective date of this Agreement, to the standards
for secondary access in the City's Development Code. Accordingly, if at any time secondary
access to the Developer's Property is such that it conforms to the standards for secondary access
in the City's Charter, Ordinances and ResolutioDS, then the Developer will thereafter have the
right to terminate this Agreement at any time, by giving written notice to the City of its election
to do so. lbcreafter, the provisioDS of this Agreement will have no further force or effect.
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6. Indl'!mnim.rion. If this Agreement is legally challenged, then the City will
promptly notify the Developer of any claim or action and will cooperate tiJlly in the defeose.of
the matter. Once notified, the Developer agrees to defend, in<!."".,ify, and hold harmless the
City, its officers, agems and employees from any claim, action or pI"""-.lillg llpim:t d>> City.
The Developer furtber agrees to reimburse the City for any out (If pocket costs and attOJneys'
fees which the City may be required by a court to pay as a result of such action, but such
participation will not relieve the Developer of its obligations under this provision.
7. Covenant of Good Faith. The parties will cooperate with one another in good
faith in the perfornuInt'.e of this Agreement, so the intent of this Agreement can be AttlImM"
Without Iimirillg the generality of the foregoing, the City will not require the ameudment of this
Agreement as a condition of approving any aspect of the development of the Developer's
Property .
8. Further Acts. Whenever and as often as it is requested to do so by any other
party, each party will execute, acknowledge and deliver or cause to be eucuted, acknowledged
and delivered, any and all such further documents as may be necessary, expedient or PlO9Ci to
achieve the intent of this Agreement.
9. Inurement. The rights and obligations of the parties under this Agreement will
inure to the benefit of and will bind their respective successors and assigns. Without limiting
the effect of the foregoing, the Developer will have the right to assign its rights and ""iTto! its
obligations under this Agreement, in whole or in part, to any owner or owners of the Propelty'.
10. Construction. In all cases, the language in this Agreement will be construed
simply, according to its fair me'""ning and not strictly for or against any party, it being agreed
that the parties have participated in the preparation of this Agreement. Without limiting the
effect of the foregoing, the parties acknowledge and agree that the City is restricted in its
authority to limit its police power by contract and that the limitations in this Agreement are
intended to reserve to the City all of its police powers which cannot be so limited. This
Agreement will be construed, contrary to its stated terms if necessary, to reserve to the City all
police power which cannot be restricted by contract.
11. Severability. Every provision in this Agreement is and will be construed to be
a separate and independent covenant and, if any provision in this Agreement or the application
of the same is, to any extent, found to be invalid or unenforceable, then the remAind"1' of this
Agreement or the application of that provision to circumstances other than those to which it is
invalid or unenforceable, will not be affected by the same and each provision in this Agreement
will be valid and will be enforced to the extent permitted by law and the parties will negotiate
in good faith for such amendments to this Agreement as may be necessary to achieve its intent,
notwithstanding the invalidity or unenforceability.
12. Countemarts. This Agreement may be executed in counterparts, each of which
will be deemed to be an original for all purposes and all of the coUnterparts will constitute one
and the same Agreement.
\S\O:ISTUBBLElCALTRANS.617
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13. Attomevs' ....-. If legal action is taken to enforce or iMtapu:t any provision in
this ~. then the prevailiDg party in tbat action will be entitled to recover from the
losing party all attorneys' fees, court costs and l1e('~sary disbursements in COIIIIeCtion with tbat
action.
14. Venne. Any legal action with regard to this Agreement will be brought, at the
Developer's election, in either San Bemardino County Superior Court or in the United States
District Court for the Central District of California.
IS. Incomoration of Recitlllll. The Recitals in this Agreement are material and are
incorporated by reference as though fully set forth hereat.
16. Recordation. No later than 10 days after the date of entry into this Agreement,
the Developer will, at its cost, record this Agreement in the OffICial Recorda of the San
Bernardino County Recorder.
[SIGNATURES FOLLOW]
ISIO:\ST\lBBLElCALTRANS.617
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CITY
City of San Bernardino, a municipal corporation
By:
Its: Mayor
ATIEST
City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT
City Attorney
DEVELOPER
Stubblefield Construction Company, a California
corporation
By:
Its:
\SIO:ISTUBBLElCALTRANS.617
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STATE OF CAUFORNIA
COUNTY OF
)
)55.
)
On _, 19_, before me, the undersigned, a Notary Public, personally
appeared personally known to me or proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrumem, the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for said State.
STATE OF CAUFORNIA )
)ss.
COUNTY OF )
On _, 19_, before me, the undersigned, a Notary Public, personally
appeared personally known to me or proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within instrumem and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument, the entity upon behalf of which the person acted, executed the
instrumem.
WITNESS my hand and official seal.
Notary Public in and for said State.
\S\O:\STUBBLElCALTRANS.617
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SECONDARY ACCESS ROAD
EXHIBIT "A"
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-sTUBBLEFIELD' .
CONSTRUCTION COMPAm(.
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\S\O:\STUBBLE\CALTRANS.617
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DEVELOPER'S PROPERTY
EXHIBIT "B"
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\S\O:ISTUBBLElCALTRANS.617
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EAST FRONTAGE ROAD
AND
WEST FRONTAGE ROAD
EXHIBIT "c"
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BXHIBIT ..
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\SIO:ISTUBBLElCALTRANS.617
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MEMORANDUM OF UNDERSTANDING
EXHIBIT "D"
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~ UllDDSTARDIHG
This Memorandum of Understanding is entered into between the
State of California Department of Transportation, hereafter
referred to as " CALTRANS " , and the City of San Bernardino,
hereinafter referred to as "CITY".
yL~.,--. : .. ~1I.111.
WITNESSETH
WHEREAS, CalTrans and City have conducted extensive
discussions over the past several years relative to provision of
access to the parcel east of Route 30 and north of Highland Avenue,
that is owned by the Stubblefield Construction Company; and
WHEREAS, City and the Stubblefield Construction Company are in
the process of negotiating an Agreement to recognize the access to
this parcel as meeting the requirements of the San Bernardino
Municipal Code for development; and
.
NOW, THEREFORE, CalTrans and City, by execution of this MOU,
do indicate their intent to accomplish the following actions:
SECTION ONE: CalTrans will improve and maintain the "chain
up" area, along the east side of Route 330 at the intersection of
the Secondary Access Road, in an all weather condition.
SECTION TWO: Cal Trans recognizes the right of emergency
vehicles to breach their access control fence along the east side
of Route 330, as required to respond to an emergency situation via
the Secondary Access Road, and to issue the necessary permits to
relocate the fence post out of the Secondary Access Roadway,
including installation of sleeves to facilitate their removal.
SECTION THREE: CalTrans agrees to relinquish control of the
arch culvert constructed under Route 330, to replace the concrete
box culvert known as the "Barnes Undercrossing", to the City for u
se as an emergency access route and equestrian trail.
SECTION FOUR: CalTrans acknowledges that there is a bank, at
the west end of the pipe arch culvert, which could impede the
turning radius for westbound vehicles. If any part of such bank is
on property owned or otherwise controlled by CalTrans, then
CalTrans shall permit access onto its property, to facilitate the
grading of such bank. The grading design shall be subject to the
approval of the Fire Chief and the Director of Public Works/City
Engineer.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF SAN BERNARDINO
Signed
Title:
Date:
EXHIBIT "D"
\S\O:ISTUBIlLElCALTIlAIlS.617
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CONDmONS OF APPROVAL
EXHIBIT "E"
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CONDmONS OF APPROVAL
1. No later than tbe time of developmcDt of tbe Developer's Property, tbe 111 UIr..ly
termbms of tbe Hames UDdercrossiDg will be graded, in order to improve tbe
turning radius for westbound vehicles. The grading design will be subject to tbe
approval of tbe City's Fire Chief and Director of Public Works/City P.ngi.-.:.
2. No later than tbe time of developmcDt of tbe Developer's Proped1, tbe Developer
will complete tbe grading of tbe SecoDdary Access Road, from tbe East Fromase'
Road to its intetsection with Route 330, to a minimum width of 20 feet 8Dd pW:e
an all weather surface of crusbcd rock and/or slag.
EXHIBIT "E"
\S\O:ISTUBBLIlICALTRANS.617
. eI~ OF> ... ....sRDINO - REQUEST ~. COUNCIl. AC.TIO.
From:
Al Boughey, Director
Planning and Building Services
Subject:
Development Agreement No. 93-01
and Variance No. 93-07
Stubblefield Access Agreement
MCC meeting of June 20, 1994 @ 2 p.m.
Dept:
Date: June 15, 1994
Synopsis of Previous Council action:
None
Recommended motion:
{
That the hearing be closed and that the Mayor and Common Council adopt the
resolution which adopts the Negative Declaration and approves Variance No.
93-07, and Development Agreement No. 93-01, revised.
~k' J ntlw on/'-AI' -IN bu~
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ff--tlm f;r., Ir~"p;,;?1U ~ 1/ 4- . i
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~~ SIP t:trp..n~ht'AI& f$111~. ({j !'i'P>; i-"
~r") ;;; ~ ;')11 1"f'1'1 fiq "oJ I AL BOUGHEY. -',. Signature
JPt~ /6 l1'l"w/~ '#?J'/' Pl"~ ,_ ,//'-...1
Contact person: A 1 BOlll;jhpy
Supporting dete attached: Yes
Phone: 5357
Ward: #4
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.l
{Acct. Descriotionl
Finance:
. Council Notes: ~.L.I.J/~ ~ -~t/ ~L/ .,# 6?J
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CITY O~ SAM BBRRARDINO - RBQUBST ~OR COUNCIL ACTION
STAn' RBPORT
subjectz Variance No. 93-07 and Development Agreement No. 93-01 -
Stubblefield Access Agreement
Mayor and Common Council Meeting of June 20, 1994
Request and LocatioD
Stubblefield Construction Company is requesting
variance to permit a non-standard, secondary
development agreement to vest this access.
The subject property consists of approximately 20 acres loca~ed on
the east side of Highway 330, approximately 1300 feet north of
Highland Avenue in the RB, Residential Suburban land use
designation.
approval of a
access, and a
project Parameters
The Development Agreement addresses two parcels: the first
consisting of approximately 15 acres on whic~ the actual
residential development would occur; and a 5 acre parcel which
would contain the proposed secondary access.
The applicant is responsible for all improvements, including
through access, on the 15 acre parcel related to future, single
family development, subject to the requirements/standards in effect
at the time of development.
The applicant is responsible for the establishment of the secondary
access, as described in the Development Agreement, if the City does
not go forward with a new secondary access.
Background
The Mayor and Common Council heard this item on April 4th, May 2nd
and May 19th, and continued it until June 6, 1994 to enable staff
to meet with the interested parties and resolve the pending issues.
Meetings were held on May 18th and 19th with the following
attendees:
Citv of San Bernardino - Councilmember Oberhelman;
Henry Empeno, Deputy City Attorney; Al Boughey, Director, Planning
and Building Services; Roger Hardgrave, Director, Public Works;
Stubblefield Construction ComDanv - Arnold Stubblefield; Tom
Parrish; Mark Ostoich, Gresham, Varner, Savage, Nolan & Tilden
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DA 93-01/VAR 93-07
MCC Meeting of
June 20, 1994
page 2
Warner Hodgdon: Aaron Hodgdon: Florentino Garza, Esq.
Staff also met with the Metropolitan Water District (MWD) on May
31st. Based on discussions at these meetings, staff requested a
continuance until June 20th in order to fully assess how MWD's
project (discussed below) could affect the proposed Development
Agreement.
K1ID projeot
The MWD is proposing to construct the Inland Feeder Pipeline
Project. The 14 foot pipeline will carry water and will follow the
foothills from the Devil Canyon Portal (north of Cal State)
eastward, crossing under Highway 330, and extending south along the
alignment of the East Frontage Road and across Highland Avenue, and
will extend south through the City of Highland. Specifically, the
pipeline will cross under Highway 330 in the vicinity of the
property owned by the Stubblefields that is being considered in the
Development Agreement.
MWD is considering three possible crossings under Highway 330, and
is preparing soils and geologic studies to finalize the alignment
or crossing. The southern extension of the pipeline on the east
side of 330 would involve the removal and reconstruction of the
East Frontage Road.
Staff discussed the proposed Development Agreement and the
additional, proposed improvements, including the potential for a
new tunnel, with MWD. While MWD did not make any commitments in
terms of additional proposed improvements, they did state that they
were more than willing to work with the City to try and incorporate
additional improvements into the reconstruction of the East
Frontage Road. They further stated that they would also look at
the potential of constructing a tunnel in the general vicinity of
the Stubblefield's project.
Approaoh to Revised Development Agreement
Staff addressed the following considerations in its approach:
Possibility of a new tunnel.
The City has accepted the East and West Frontage Roads as
constructed by Caltrans.
The existing, 32 foot wide East Frontage Road is adequate
in terms of street width, for up to 60 dwelling units,
based on the fact that access to other properties will be
minimal and no street parking will be allowed.
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DA 93-01/VAR 93-07
MCC Meeting of
June 20, 1994
Page 3
The secondary access, as originally proposed
Stubblefields, addresses life and safety
although, a new tunnel would be a best case.
by the
issues,
staff also incorporated the specific concerns raised at Council
meeting:
25 year term.
Maximum of 60 single family detached units.
RS development standards (including a minimum lot size of
7200 square feet).
$3000 per unit (not to exceed $180,000) contribution
toward a new secondary access.
The key issue is the feasibility of providing a new standard
secondary access. Staff feels that it probably is not financially
feasible for this project to assume this additional cost, as
addressed later in this staff report.
Staff's approach includes the ability to work with MWD to determine
the feasibility of incorporating additional roadway improvements
while allowing for approval of the secondary access proposed by the
Stubblefields. Lanquage has been incorporated into the revised
Development Agreement specifying that the Stubblefields agree to
not develop their property for a certain period of time to enable
the City to proceed with discussions. The revised Development
Agreement also addresses the monetary contribution that the
Stubblefields agreed to provide (up to $180,000), and how it would
be used by the city.
Feasibility
At the meetings held with the interested parties, there was a
general consensus that it was physically feasible to construct a
new standard, secondary access. There was not a consensus that it
would be financially feasible to do so, nor was there consensus as
to the extent of the additional improvements required for a new
secondary access.
Staff felt that the minimum requirements for a new secondary access
should only include the extension of East Frontage Road from the
northern boundary of the Stubblefield's 15 acre parcel, the tunnel,
and the southern extension of the West Frontage Road to connect to
the existing road.
Using the cost figures provided by Mr. Hodgdon, the Public Works
director estimated that the above improvements would cost
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DA 93-01/VAR 93-07
MCC Meeting of
June 20, 1994
Page 4
approximatelY $500,000. This averages about $8300 per unit,
assuming a maximum of 60 units, raising the question of whether it
is reasonable to expect that this project could absorb this
additional cost.
staff feels that the developer probably cannot get 60 lots on the
15 acre parcel and that 45 units may be more likely, thus
increasing the per unit cost of development to approximately
$11,000.
CBQA compliance
Staff has addressed the potential for providing a new secondary
access. However, the feasibility in terms of filll cost and
likelihood or probability have not been fully addressed nor
determined.
The revised Development Agreement does not bind the city into
future actions of approving a new secondary access: it does give
the city the ability to determine the feasibility of such an
action. Feasibility and planning studies are exempt from CEQA
(Section 15162), and no additional environmental review is required
at this time.
pending further review, if the City wishes to consider approving a
new secondary access, that action would be subject to CEQA review.
The revised Development Agreement does not change the scope of the
StUbblefield's proposal as addressed in the Initial Study, and the
proposed Negative Declaration is still applicable.
Recommendation
Staff recommends that the Mayor and Common Council adopt the
resolution which adopts the Negative Declaration and approves the
variance and the revised Development Agreement, subject to
inclusion of the attached Conditions of Approval.
Staff also reco_ends that the City Attorney be requested to work
with the applicant to include the Conditions of Approval in the
Development Agreement prior to execution, with the understanding
that certain clarifications (non-substantive) may occur.
Prepared for: Al Boughey, AICP
Director of Planning and Building Services
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DA 93-01/VAR 93-07
MCC Meeting of
June 20, 1994
Page 5
Exhibits: 1 - Location Map
2 - Resolution
3 - Revised Development Agreement
4 - Conditions of Approval
Note: The Planning Commission staff report for February 8, 1994
which includes the Initial study, Variance Findings of Fact,
Memoranda from the Fire Chief and City Engineer have previously
been distributed and are not included here.
Also attached is a letter received from Alice Todd.
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City of San:Bemardlno
DEPARTMENT OF PLANNING
AND BUILDING SERVICES
CASE: VAll f3.07 a: DA ~1
AGENDA ITEM: #3
LOCATION MAP
HEARING DATE: 2-I-N-.
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AthIll'hment A
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to execute
on behalf of said City, Development Agreement No. 93-01.
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.
SECTION 3. Recitals
(a) Development Agreement No. 93-01 was considered by the Planning
Commission on February 8, 1994 after a noticed public hearing, and the Planning
Commission's recommendation of approval has been considered by the Mayor
and Common Council.
(b) An Initial Study was reviewed by the Environmental Review
Committee on August 26, 1993, who determined that the execution of
Development Agreement No. 93-01 would not have a significant effect on the
environment, and therefore recommended the adoption of a Negative Declaration.
The Planning Commission concurred with the recommendation. of the
Environmental Review Committee at the hearing described in subsection (a)
above.
(c) The Proposed Negative Declaration received a 30 day public review
period from September 2, 1993 through October I, 1993, during which no
comments relative thereto were received.
(1)
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(d) The Mayor and Common Council held a noticed public hearing and
fully reviewed and considered proposed Development Agreement No. 93"()1 and
the Planning Division staff report on April 4, 1994, May 2, 1994, May 19, 1994,
and June 6, 1994.
(e) The adoption of Development Agreement No. 93"()1 is deemed in the
interest of the orderly development of the City and is consistent with the goals,
objectives and policies of the existing General Plan.
SECTION 4. Neeative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED
by the Mayor and Common Council that the proposed Development Agreement
will have no significant effect on the environment, and the Negative Declaration
heretofore prepared by the Environmental Review Committee as to the effect of
this proposed Development Agreement is hereby ratified, affirmed and adopted.
SECTION 6. Findinl!s
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. The proposed Development Agreement is not in conflict with the goals,
objectives and policies of the General Plan.
B. The proposed Development Agreement is consistent with the Development
Code.
C. The proposed agreement will promote the welfare and public interest of
the City.
SECTION 7. Aereement
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. Development Agreement No. 93"()1 will facilitate and govern the
development of the subject property as specifically described in the
Development Agreement labeled Attachment 1, a copy of which is
attached and incorporated herein by reference.
(2)
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1 B. Development Agreement No. 93-01 shall be effective immf'rlilltP.ly upon
2 the adoption and execution of this resolution.
3 SECrION 8. Notice of Determination
4 The Planning Division is hereby directed to file a Notice of Determination
5 with the County Clerk of the County of San Bernardino certifying the City's
6 compliance with CEQA in adopting Development Agreement No. 93-01.
7 SECrION9. R~romon
8 The developer shall recoro the Development Agreement in the Office of
9 the County ~roer no later than ten (10) days after it is executed by the parties.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting therefore held on the
~ day of
, 1994, by the following vote to wit:
Council Members A YES
NAYS
ABSTAIN ABSENT
NEGRETE
CURliN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of _, 1994.
Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
lAMES F. PENMAN
City Attorney
By:
(4)
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EXHIBIT 3
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RECORDING.REQ'OII4U!D BY AND
WIlEN RBCORDEDMAlLTO:
Mark A. Ostoich, Esq.
GRESHAM, VARNER, SA V AGE,
NOLAN" TILDEN
600 N. Arrowhead Avenue
Suite 300
San Bernardino, CA 92401
AGREEMENT
'Ibis Agreement (" Apeemcnt") iselltend into effective -' 1994, between.
the City of San Bernardino, a municipal corporation, ("City") and Stubblefield ConstructiOllf .
Company, a California corporation, ("~").
RECITALS
A. The State Department of Transportation ("CalTIans") has jurisdiction of and has
improved c:ertain portions of Route 330, in the municipal limits of the City, as part. of State;
Highway Project CU08201, EA1S7901 for Route 330 ("State Highway Project").
B. Under a pending apeement between CalTIans and the Developer, CalTIans is
reserving and has partially improved (with crushed rock and/or sJaa), an easement for utility and
emergency access purposes ("Secondary Access Road") in the area depicted in Exhibit "A"
attached hereto and incorporated herein by reference. The Secondary Access Road will connect
Route 330 with c:ertain contiguous real plOpM)' owned by the Developer ("Developer's
Property").
C. In connection with the State Highway Project, CalTrans has also improved and
dedicated to the City parts of former Route 330 which are depicted in Exhibit "B" attached
hereto and incorporated herein by reference ("East Frontage Road" and "West Frontage Road",
respectively). The East Frontage Road provides direct access between the Developer's Property
and Highland Avenue.
D. On June 2, 1994, CalTrans executed a MemoIandum of UnderstaDding ("City-
CalTrans MOU"), regarding the East Frontage Road, the SeconcIary Access Road and a pipe
arch culvert beneath Route 330 at the location depicted in Exhibit "B" ("Barnes Undelcrossing").
Specifically, the City-CalTIans MOU provides for (i) the dedication of the East Frontage Road,
the West Frontage Road and the Barnes Ulldercrossing to the City, and (ii) c:ertain improvements
to the chainup area and the existing chain link fence at the Route 330 outlet of the Secondary
Access Road. A copy of the City-CalTrans MOU is attached hereto as Exhibit "C".
6/16IM: N:\KAO\CALTL\NI.AO
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E. In order to faci1ilaJe tbe development of tbe Developer's Propetlf and tbe general
health. welfare and safety of tbe Mti_ of the City. tbe parties wish to enter into this
Agreement. to vest tbe East Frontap Roed, the Secondary Ac:cess Road and the Barnes
Uncka...vui"l, as legal acc:eu to and from tbe I>eveloi*'S Pl.......ty. within the ...-ni"l of tbe
laws of CaIifonUa and tbe City's Charter, Ordinances and Resolutions. For tbat limited purpose,
this Agreement is aIJo in~ to be a Deve10prrwrt Agreement within tbe meaning of Chapter
19.40 of tbe City's Development Code (-Development Code-) and Section 6S864 et seq. of the
CalifonUa GovemmeDt Code.
F. Tbe City and the Developer acknowledp and qree tbat the City will derive a
benefit from this Apement. inumuch as tbe Developer's Pku~ will thereby become
developable, creaIin& the opportunity for new jobs and housing and otber consequential benefits
to tbe City and its citizens.
OPERATIVE PROVISIONS
1. Ci~..('-,,1TnInl MOU. The City will execute and perform its obliptiOlll UDder the
City-caITrans MOU and will use its best efTo.ts to cause CalTrans to perfuu4 its obliptions
UDder the City-caITrans MOU including. without limitation, performing tbe work cIesc:ribed in
the City-caITrans MOU.
2. TlMi""tioo. Modification and Maintenance of A.........,
(a). At such time as CalTrans offers the Barnes Undercrossing for dedication
to the City. the City will accept the dedication and will thereafter maintain tbe East Frontage
Road, the West Frontage Road and the Barnes Unden:rossing in acconIanc:c with its maintellanc:c
standards for dedic:atecl public streets. Notwithstanding the foregoing, tbe City acknowledges
tbat the Developer has historical rights of access through the Barnes Unden:rossing and aIJo has
rights to place and maintain underground utility facilities in an eastlwest alignment UDder Route
330. within a 200 foot sector. the center line of which coincides with the center line of the
Barnes Unden:rossing. and agrees to recognize such rights and cooperate in the exercise of such
rights.
(b) Except as otherwise provided in subparagraph 4.(b) below. from and after
the date the Developer obtains from the City the first construction permit for a bllildi"l OIl the
Developer's Plope.lf, the Developer and its successors and assigns will maintain the Secondary
Access Road with an all weather surface. so it is useable for purposes of emergency acc:eu. A
surface of crushed rock and/or slag is hereby deemed to be an all weather surface within the
meaning of the imJl\eldiately preceding sentence. At the City's request, the Developer will grant
the City a non-exclusive. irrevocable license across the Secondary Access Road, for purposes
of emergency access.
(c) Because the Developer will continue to own, manage and develop the
Developer's Propertf in reliance OIl the status of the East Frontage Road, the Secondary Ac:cess
Road and the Barnes Unc1ercrossing as legal. conforming access to and from the Developer's
6/16194: N:IMAOIC.\LTaANlAO
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PkUJlOdY, ooc:e 1ICCepted, none of tbe But FnlIltage Road, the West FnlIlllIge Road or the Bamea
UncIen:nJuinI will be abandoned by the City, without the oon-t of tbe Developer. In MdiNln,
based OIl the same ,...Jill~ by the Developer, the City will not ~T~ its oblill'ti.... to maintain
the But Frontage Road, the West Frontage Road or the Barnes Unden:rossin&, without the
consent of the Developer.
(d) As of the effective date of this Agreement, access from the cast side of the
Barnes Und.a~ossd1g is obstructed by vertic:al steel barriers wbicb are locked ("Barriers"). At
the time of development of the Deve1oper's ~Opellj, the Developer and the City will...,.,a,w
in good faith, altanatives to the Barriers which will obstruct free yebi",t1l1l' pm-V tIuough the
Barnes UndAw..ui"l and yet be -ooes,;ble by residents of the Developer's Pk"l'"'"t)' in times
of emeqeacy; pnMded, however that if the Developer and the City are unable to ape 0Il1D
alternative to the Barrien, which IICCOI1lplisbes the foreaoing objectives, theft the Developer may
remove the Barriers, without repl...,;"I them with any facility whatsoever.
3. Lepl Status of RnlItI~. The City will recognize the But Frontage Road, the
Secondary Access Road and the Barnes Undererossing, u lepl, conforming access to and from
the Developer's Plopelt)', within the meaning of the laws of Ca1ifomia and the City's Charter,
Ordinances and Resolutions; provided, however, that the Developer's Pk"l'"'"1f is developed
within the density limitations of the RS land use designation in the City's General Plan ("General
Plan").
4. Develo.pment Al!reement.
(a) Without limiting the effect of any other provision in this Agnlement, the
parties acknowledge that the Developer intends to develop the Developer's Property in the future
and that, in connection with any such development, the permitted uses of the Developer's
Property, the density or intensity of use on the Developer's PkU}I"oIlj and the maximum size and
height of buildings on the Developer's Property will be governed by the property development
standards in the RS land use designation in the City's General Plan. Without limiting the
generality of the foregoing, the permitted uses of the Developer's Pkop...t)' will be limited to
single family residential, the permitted density or intensity of use on the Developer's Property
will be limited to lots with minimum sizes of 7,200 square feet and to a maximum density of
60 units on the Developer's P10peity and the permitted size and height of buildings on the
Developer's Propeclf will be limited by the other applicable provisions of the City's
Development Code.
(b) The parties acknowledge that the City wishes to determine the feasibility
of improving its roadway system in the vicinity of the Developer's Property and that the
Developer bu agreed to pay a portion of the cost of constructing certain roadway improvements
in the vicinity of the Property, while allowing the City the flexibility to delay the in...."lInon of
those roadway improvements and also allowing the Developer the ability to develop the
Developer's Properlf on an economically feuible buis. Accordingly, the parties agree u
follows:
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(i) On the earliest dale that (i) this Apeement bas become effective.
(d) all periods within which the City's enactment of this Apeement could be lepJly.cbaIJeo&ed
have expiIed (or if a cballenge bas occurred, the cballenge bas been finally resolved with the
provisions of this Aareement beinJ left inlllet) and (ill) the City is in a position to iJnrnMi"~~y
commence or cause third parties other tban the Developer to commence construction of the
Roadway Improvements (as defined in subparagraph 4(b)(ii) below), the Developer will deposit
with the City's Director of Public Works, imvocable financial assumnces (.L.e....xable
Financial Assurances.) which are ""ti.r...-ry to the City's Director of Public Works, in the
amount of 5180,000; provided, bowever, that at the Developer's request fiom time to time, the
amount of the Developer's L.e.ocable PI_IIM,,1 Assurances may be decreued to an amount
equal to $3,000 per deve10plIble single family deIacbed unit on the Developer's PtOflellj, as that
number is reasonably cIetennined by the City's Director of Public Works, based on engineering
provided by the Developer.
(ii) The Developer's Irrevocable Fina.nci..1 Assurances will ...{l>ment
the Developer's agreed share of the cost of the following roadway improvements (.Roadway
Improvements.) in the vicinity of the Developer's Ploperty, rdated to the project which is
developed on the Developer's Pl~ (.Developer's Project.):
(A) Improvements to the East Fron1ll&e Road, to improve it to
the status of a standard City public street, as determined by the City's Director of Public Works
at the time the improvements are designed (.East FronlaJe Road Improvements.).
(B) Improvements to the Secondary Ac:c:ess Road, to improve
it to the status of a standard City public street, as determined by the City's Director of Public
Works at the time the improvements are designed (.Secondary Ac:c:ess Road Improvements.).
The parties acknowledge and agree that nothing in this subparagraph 4(b)(ii)(B) will be deemed
to relieve the Developer of the requirement of paying the cost of development of that portion
of the Secondary Access Road which lies south of the northernmost boundary of the Developer's
Ploperty as of the effective dale of this Agreement. Notwithstanding the foregoing, the
Developer will have the right to phase the construction of that portion of the Secondary Access
Road, to coincide with the phasing of construction on the Developer's Plopetty.
(C) Construction of an east-west vehicular and equestrian tunnel
under Highway 330 and such roadway improvements on the west side of the tunnel, as are
nece""')' to connect the tunnel to the existing West Frontage Road and improve the West.
Frontage Road to the status ofa standard City public street (.Tunnel and Roadway
Improvements.).
The City may use all or any portion of the funds I~&esented by the
Developer's Irrevocable Financial Assurances, to pay the cost of any or all of the Roadway
Improvements; provided, however, that if the funds represented by the Developer's Irrevocable
Financial Assurances are used to first fund the cost of any of the Roadway Improvements other
tban the East Frontage Road Improvements, then the City may use those funds only if the City
has already approved funding for the remainder of the Roadway Improvements and if the City
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is in a positioP. to imr-ti_tIo!ly COIDIM!IIQe or c:au& third parties. other than the ~, to
COJ1'-COdItIlICtioIrof tbeRoadway ImpiO.ements au siD&le project, under...........a.icIft'
contracts which are secured by performance and material and labor bonds coverina at least 100" .
of tbe contnICt coats of the Roadway Improvements.
(ill) In order to allow the City the flexibility to identify sources of
fl1ndi", ~-7 to fully fund the cost of the Roadway Improvements, the DeYdoperacmes.
that it will not begin physical CXIIIStructioIl (other lhaa constructioa -7 to .....i_ilbor
ptotect the DeveIoper'I Pi~ll) of any public improvemeIIII_"wvoi_ted. with theDevellJllel'l'l
Project, for a period of 3 years after tbe effective cIaIe of this ~. However, if aof
the end of the 3 year period, the City has conunenced or has ....11-' third parties other than the'
Developer to COIDIDCIlCC CXIIIStructioIl of the Roadway Improvements under COIIItl'uCtioItcoauaclL
.which are secured by pedonnanc:e and material and labor bonds coverina at least IOKoftbe.
contnICt cost of the Roadway Improvements, then the City will have the right to ~tedd such 3
year period by 1 additional year, to enable it to complele the Roadway Improvements. by Jiving
written notice to tbe Developer of its election to do so. In this Agreement, tbe ~meIltionecl
3 and 1 year periods will sometimes be collectively refei.ed to as the -Roadway LiiptO.c:malt
ConS1rUCtion Period-.
In addition, notwithstanding the provisions of this subparapapb 4(b)(ill)
or the provisions of subparagraph 4(b)(iv) below, if as of the end of tbe Roadway Improvement
Constructioo Period, tbe City or third parties other than tbe Developer have- ...........;.l1y
completed conS1rUCtion of the City shall give written notice to the Developer of its request to
extend tbe Roadway Improvement Construction Period to a cIaIe ~ with the cIaIe of
estimated completion of the Roadway Improvements (which clalewill be set forth in the notice)
and the Devdoperwill not umeasonably withhold its consent to the RqUeIted. extl!I.sioq, on the
condition that performance and material and labor bonds covering at least 100" of the cost of
the Roadway Improvements have been posted with the City or another public agency and the
Roadway Improvements are thereafter diligently prosecuted to completion.
Nothing in this subparagraph 4(b)(iii) will be deemed to prevent the
Developer, at any time, from doing any planning, engineering and/or subdivision ~,if\g it
determines are fteee!sa'Y or appropriate for the Developer's Project, subject only to compliance
with the City's Development Code.
(iv) The Developer will not be Rquired to construct any of the Roadway
Improvements and/or the improvements to the Secondary Access Road which are refei.ed to in
subparagraph 2(b) above, as a condition of developing the Developer's Property, unless the City
has not completed or C8'lsed third parties other than the Developer to complete construction of
the Roadway Improvements during the Roadway Improvement Construction Period. If by the
end of the Roadway Improvement ConS1rUCtion Period, the City has not completed or caused
third parties other than the Developer to complete conSIrUCtion of the Roadway Improvements,
then the Developer will have the right to withdraw its Irrevocable Financial Assurances (in
which event, the City will fully cooperate in returning to the Developer, all evidence of the
Developer's Irrevocable Financial Assurances which is in the City's possession), grade and
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- surfllCdleSecaaduy Access RoI4u aao.-win subplnpph 2(b) abovelDdin IUbpuapaph
4(c) below) lDdimpnwe tbdutPt..,lIpltOld to *""11"111 wbich lIIIl~...i""" by tbe City'.
DiJector ofPub1ic Works; provided, bowevec, tbat tbosestandards wiD DOt be peatcr than tbe
following:
(A) Curb and gutter wiD be installed on the west side of tile East
Frontage Road.
(B) The paved width of tile East Frontage Road wiD be increased
to 32 feet.
(C) A sicIewalk, 4 feet in width, wiD be provided on tile west
side of tbe East Frontage Road, immecfiate1y bebind tile curb.
(0) No peatcr than 4 street lights wiD be installed on tile west
side of tile East Frontage Road, bebind tile sidewalk.
(E) No curb, gutter or sidewalk wiD be required on tile east side
of the East Frontage Road.
H the City bas not completed or caused third parties other than tile
Developer to complete c:onstruc:tion of tbe Roadway Improvements in acc:ordance with tile
provisions of Ibis subparagrapb 4(b)(iv) and if Developer withdraws its Irrevoc:able FUI8JIcial
Assurances and performs the above-mentioned c:onstruc:tion related to tile Secondary Access
Road and tile East Frontage Road, tben the Developer wiD bave no further requirement related
to tile Developer's Project regarding tile c:onstruc:tion of tile Roadway Improvements and wiD be
deemed to have fully satisfied its requiIements related to tile Developer's Project regarding tile
same.
At any time after tile effective date of Ibis Agreement including, witbout
limitation, at any time after tile Roadway Improvement Construction Period (if tbe City bas not
completed or caused third parties other than tile Developer to complete construction of tile
Roadway Improvements), the Developer will also have the right to pay to the City, in
immediately available funds, an amount of money equal to tile amount of tile Developer's
Irrevocable Financial Assurances and, in tbat event, tile Developer wiD have no further
requirement related to the Developer's Project regarding tile c:onstruc:tion of tile Roadway
Improvements, tile improvements to tbe Secondary Access Road wbich lIIIl referred to in
subparagraph 2(b) above (other than tile portion of tile Secondary Access Road wbich lies south
of tile northernmost boundary of tile Developer's Prop.aty on tile effective date of tbis
Agreement, as provided in subparagrapb 4(b)(ii)(B) above) or tile improvements to tile East
Frontage Road wbich lIIIl referred to in Ibis subparagraph 4(b)(iv) and wiD be deemed to bave
fully satisfied its requirements related to the Developer's Project regarding tile same.
If the City constructs or causes third parties other than tile Developer to
construct any or all of the Roadway Improvements, then the City agrees to defend, indemnify
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IUId hold barmlea die Developer, its officen, aaents aDd employees from any claim. action or
proceedi. ..i_ any of those penoas, zeIUed to die "-ll" or construcdoa of any or all of
die Roadway Improvements. In addition, if die City constructs or C"""" tbird puties otheI'than
die Developer to coostruct the Secoooda~ Ac:cas Road Improvements, then die Developer wiD
not be requiIed to perform any of die c:oostruction which is refemd to in subpuagraph 4(c)
below or any of the maintenance which is r./....ed to in subparagraph 2(b) above.
(v) The puties acImowled&e that a determination of die f-.nhility of
c:oostruction of the Roadway Improvements is exempt from compliance with die CaJifomja,
Environ-tal Quality Act. The puties a1Jo aclmowledp that the actual c:oostruction of any
or all of die Roadway Improvemeats may require rmew aDd appIOVIl by die City UIIdet die
laws of California and die City's Charter, Ordinances and Resolutions, aDd by otber govemment
agenc:ics uncIerdle laws of CaJifomja aDd their respective regulations, aDd die puties ...-that
any such construction wiD be subject to compliance with all applicable laws including, without
limitation, the California Environmental Quality Act.
(vi) Notbinl in this Ap=nent wiD be deemed to relieve die Developer
of any legal obliption it may have to pay a portion of the cost of constructinl any improvements
to the West Frontage Road which are reasonably required u a result of traffic generated by any
project of the Developer after the effective cIate of this Agreement (other than die Developer's
Project), in excess of the level of traffic es1ablished in any traffic study prepared u a buis for
the delign of the Tunnel and Roadway Improvements.
(c) Except u otherwise provided in subpuagraph 4(b) above, entry by the
City into this Agreement is conditioned on satisfaction of the conditions described in Exhibit "D"
attached hereto and incorporated herein by reference.
(d) As between the City and the Developer, this Agreement wiD be subject to
amendment u follows:
(i) Immaterial amendments to this Agreement may be made by
agreement between the Developer and the Director of Planning and Buildin& Services of the
City.
(ii) Material amendments to this Agreement wiD require the consent of
the Developer, u well u approval by the City's Planning Commission and die City's City
Council, following such investigations, t'indings and other procedures u are required by the laws
of California and the City's Charter, Ordinances and Resolutions.
5. Term and Termination.
(a) The term of this Agreement wiD commence on the effective cIate of this
Agreement and wiD continue for 35 years thereafter. However, the puties acImowledJC that
the objective of this Agreement is to facilitate the development of die Developer's Pic.pe.lli by
providing legal, vested access to and from the Developer's Propcrt)'. The parties also
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acknow1edp tbat cin:um-nca beyond the Developer's c:ontro1, such as the economy, may
delay the dcveIop.oeat of the Developer's Ptupooily. If (a) the DeveIoper'sl\"I'"'"lj iI pot
cIevelopecl cIurina the tam of this Aar--m-t, (b) the IIIIIe findinp as IUppOfred the --......u
of this Apeeaat can be made It the time and (c) no other conditioo ailDwbicbwould
reuonably justify the -tioa of the East Fron. Road, the West FI'OIl1lIp Road, the
Secondary Access Road and the Bames UncIercrossing as lepl accea ID and from the
Developer's I\ot*lt, tben the City will not ~sonabty withhold its COIlsent ID a request by
the Developer for eJ'tf!n.u.n of the term of this A&Jeement. For purposes of this
subparagraph 5(1), the Developer's Ptot*ty will be deemed ID be cIeveIoped as of the date of
recontatioa in the Official Records of San BemanIino County, of a parcel map or 1 subdivision
map which bas beeupproved by tbe City, subdividing any portion of the Deftloper's Pl"l'"'"lt.
(b) 'Ibe parties ICknowIedp tbat the further objective of this Agreement illD
establish the status of tbe East Fron1ll&e Road, the Secondary Access Road and tbe Barnes
Unden:rossing as lepl, confOrming access ID and from the Developer's Plopealj, within the
meaning of the laws of California and the City's Charter, ~ and ReaoJlItioas,
notwithstanding tbat the East Fron1ll&e Road, the Secondary Access Road and/or tbe Bames
Unden::rossing may not fully conform on the effective date of this Agreement, ID the stancIanla
for secondary access in the City's Development Code. Accordingly, if at any time secondary
access ID the Developer's I\ope.lt iI such tbat it conforms ID the standaIds for secondary access
in the City's Charter, Ordinances and Resolutions, then the Developer will thereafter have the
right ID terminate this Agreement It any time, by giving written notice ID the City of its ~'f rtion
ID do so. 'I'haeafter, the provisions of this Agreement will have no further force 01' effect.
6. Indemnification. If this Agreement illegally challenged, then the City will
promptly notify the Developer of any claim or action and will cooperate fully in the defense of
the matter. Once notified, the Developer agrees ID defend, indemnify, and hold harmless the
City, its officers, agents and employees from any claim, action or ploceeding against tbe City.
The Developer further agrees ID reimburse the City for any costs and attorneys' fees which the
City may be required by a court ID pay as a result of such action, but such participation will not
relieve the Developer of its obligations under this provision.
7. Covenant of Good Faith. The parties will cooperate with one another in good
faith in the performance of this Agreement, so the intent of this Agreement can be attained.
Without limiting the generality of the foregoing, the City will not require the amendment of this
Agreement as a condition of approving any aspect of the development of the Developer's
Plopetty.
8. Further Acts. Whenever and as often as it iI requested ID do so by any other
party, each party will execute, acknowledge and deliver or cause ID be execured, acknowledged
and delivered, any and all such further documents as may be II-'V"")', expedient or plopelID
achieve the intent of this Agreement.
9. Inurement. The rights and obligations of the parties under this Agreement will
inure ID the benefit of and will bind their respective s~ssors and assigns. Without limiting
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the effect of the. fore&oin&, the Developer will have the ript to assign its ri&bIs and ~IP. its
obJiptlnn, undertbia Apeemalt, in whoJeor in part, to any OWDeror 0WDCrI of thePA......tf.
10. l".nnenN'tinn. In all casea, the language in tbia ~t will be COIIItrUellc~
simply, acconIin& to its fair ...-.inK and DOt strictly for or "Il'in. any put)', it being acreccL
that the parties have participated in the preparation of this Aplement. Witbout limiting the
effect of the COfeIOiDg, the putia ackDowledp and ape that the City is restricted in its
authority to limit its poIk:e poweI' by contract and that the limillltion. in this ~t ~
intended to reserve to the City all of its police powers which CAnnot be 10 Iimitecl.. This.
~t will be coastrued. CODtIUy to its slated terms if neceI""}', to rmrve to the City aIL
police poweI' which cannot be resIricted by contract.
11. Severabili\y. Every provision in this Aplement is and will be construecl. to be..
a sepamte and indepeDcIeo1t coveaaat and, if any provision in this Aplement or the application
of the IIlIDlCl is, to any extent, found to be invalid or unenfon:eable, theD the ~i""- of this;
Apeement or the application of that provision to circumstances other than those to which it is
invalid or unenfon:eable, will not be affected by the IIlIDlCl and each provision in this Aplement
will be valid and will be enfon:ed to the extent permitled by law and. the parties will necotia:
in good faith for such amendments to this Agreement as may be necelsary to achieve its intent,
notwithstanding the invalidity or unenfcm:eability.
12. Countemarts. This Agreement may be executed in counterparts, each of which
will be deemed to be an original for all purposes and all of the counterparts will constitute one
and the same Agreement.
13. Attorneys' ~-. If legal action is taken to enforce or interpret any provision in
this Agreement, then the prevailing put)' in that action will be entitled to recover from the
losing put)' all attorneys' fees, court costs and necessary disbursements in connection with that
action.
14. Venue. Any legal action with regard to this Agreement will be brought, at the
Developer's e1ection, in either San Bernardino County Superior Court or in the United States
District Court for the Central District of California.
IS. Incomoration of Recitals. The Recitals in this Agreement are material and are
incorporated by reference as though fully set forth hereat.
16. VPl'1\1'tllltion. No later than 10 days after the date of entry into this Agreement,
the Developer will, at its cost, record this Agreement in the Official Records of the San
Bernardino County Recorder.
[SIGNATURES FOUQW]
6I16IM: N:\MAO\CALnAIlIAO
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CITY
City of San Bernardino, a muni~ C01pOJ31ion
By:
Its: Mayor
ATl'FST
CityC1crk
APPROVED AS TO FORM AND LEGAL CONTENT
City Attorney
DEVELOPER
Stubblefield Construction Company, a California
corporation
By:
Its:
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STATE OF CALIFORNIA
COUNl'Y OF
)
)15.
)
On , 19-, before me, the undersigned, a Notary Public, personally
apptanlll - penoaally known to me or proved to me OIl the basis
of ...ti~ evi~ to be the penon whole name is subscribed to the within iDatrumeDt and
acknowledged to me tbal he eucuted the same in his autborizeci ~ty, and tbal by his
~I""hne OIl the iDatrumeDt, the entity upon bebaIf of wbic:h the penon 1Cted, executed the
instr\lJJ1alL
Wl'I'NFSS my band and official seal.
Notary Public in and for said State.
STATE OF CALIFORNIA )
)ss.
COUNl'Y OF )
On _, 19_, before me, the undersigned, a Notary Public, personally
appeared personally known to me or proved to me on the basis
of satisfactory evidence to be the person whoSe name is subscribed to the within instrument and
acknowledged to me tbal he executed the same in his authorized capacity, and tbal by his
signature OIl the instrument, the entity upon bebaIf of which the person acted, executed the
instrument.
Wl'I'NFSS my hand and official seal.
Notary Public in and for said State.
611_: N:\MAOICALDAJllI.AO
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SlO:IST\JBBLE\CAL TRANS.AG
S464-OO4\3-2&-94
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SECONDARY ACCESS ROAD
EXHmIT "A"
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"full-seale- -exhibj:t\\
on filfil at: . ". L
the .otlices 01:. \ r\
$TUBBLEFIEtO. .
CONSTRUCTION COMPAm!.
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S\O,ISTUBBLE\CAL TRANS.AO
5464-004\3-21-94
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EAST FRONTAGE ROAD
AND
WEST FRONTAGE ROAD
EXHIBIT "B"
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EXHIBIT .."
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SIO:ISTUBBLElCALTRANS.AG
5464-00413-28-94
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MEMORANDUM OF UNDERSTANDING
EXHIBIT "e"
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MBNORAND'DM Ql tlNDBRSTANDDfG
This Memorandum of Understanding is entered into between the
State of California Department of Transportation, hereafter
referred to as "CALTRANS", and the City of San Bernardino,
hereinafter referred to as "CITY".
WITNESSETH
WHEREAS, CalTrans and City have conducted extensive
discussions over the past several years relative to provision of
access to the parcel east of Route 30 and north of Highland Avenue,
that is owned by the Stubblefield Construction Company; and
WHEREAS, City and the Stubblefield Construction Company are in
the process of negotiating an Agreement to recognize the access to
this parcel as meeting the requirements of the San Bernardino
Municipal Code for development; and
NOW, THEREFORE, CalTrans and City, by execution of this MOU,
do indicate their intent to accomplish the following actions:
SECTION ONE: CalTrans will improve and maintain the "chain
up" area, along the east side of Route 330 at the intersection of
the Secondary Access Road, in an all weather condition.
SECTION TWO: CalTrans recognizes the right of emergency
vehicles to breach their access control fence along the east side
of Route 330, as required to respond to an emergency situation via
the Secondary Access Road, and to issue the necessary permits to
relocate the fence post out of the Secondary Access Roadway,
including installation of sleeves to facilitate their removal.
SECTION THREE: CalTrans agrees to relinquish control of the
arch culvert constructed under Route 330, to replace the concrete
box culvert known as the "Barnes Undercrossing", to the City for u
se as art emergency access route and equestrian trail.
SECTION FOUR: CalTrans acknowledges that there is a bank, at
the west end of the pipe arch culvert, which could impede the
turning radius for westbound vehicles. If any part of such bank is
on property owned or otherwise controlled by CalTrans, then
CalTrans shall permit access onto its property, to facilitate the
grading of such bank. The grading design shall be subject to the
approval of the Fire Chief and the Director of Public Works/City
Engineer.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF SAN BERNARDINO
Signed
Title:
Date:
EXHIBIT .C.
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CONDmONS OF APPROVAL
EXHIBIT .D.
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CONDmONS OF APPROVAL
1. No later than the time of development of the Developer's PiUp<ilty, the~ly
terminus of the Barnes Underaoaing will be graded, in order to improve the
turning radius for wcstbOIlM vehlele1. The pading "-ip will be subject to the
approval of the City's Fire Chief and Dim:tor of Public Works/City F~gi"eer.
2. No later than the time of development of the Developer's Plope.tt, the Developer
will complete the grading of the Secondary Access Road, from the East Frontage
Road to its intersection with Route 330, to a minimum width of 20 feet and place
an all weather surface of crushed rock and/or slag.
EXHIBIT -D-
6116194: N:IMAOICALnANS.AO
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EXHIBIT 4
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Developaent Aqr....nt Ho. 93-01
stUbbl.ri.ld Aoo...
Jun. 20, 1994
Condition. or Approval
1) Paraqraph 4.(iii), paqe 5 should be revised to reference 5
years.from the effective date.
2) Paraqraph 5(a), paqe 7 should be revised to change the term
from 35 years to 25 years and that the last sentence
pertaining to vesting be deleted.
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JUN ./ .~ fC:" I U I
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JLlne 8, 1994
:~ :~; .~":: ~~:: ~;~~: .~~ ~ii;;.'.<~.'.~.,_ -,~:.:~:~1 {..
-..".... - ~
To: Henry Empeno, City Attorney's O++ice
From: Alice Todd, City resident
I'<:e: Council Meeting 6/6/94, Stubble+ield Development Agreement
Dear Mr. Empeno:
I want to thank you +or your continued e++orts to make the Development
Agreement on the above-mentioned property correct in all aspects. This
agreement will probably set the pace +or other +oothill agreements-
it is critical that it sets high standards +or the sa+ety and wel+are 0+
residents that will reside on that piece 0+ land.
D'.wing the discussion 0+ this ag!'eement, a comment was made by someone
that "new input" is coming into Council discussions each time it is
brought back. The Inland Feede!' Pipeline is not "new input". An Open House
concerning the pipeline was held about 2 years ago in Mentone. There were
maps, people who answered questions, etc. It was advertised in our local
newspape!' .
The Project Manager 0+ the Pipeline is Dirk Reed.
1:.0 have my concerns addressed, as nothing is being
Meetings about this ~ipeline. Bob Muir answered my
My questions and his answers +ollows-
1. Has the +inal determination been made regarding where the pipeline
will lie as it passes the Stubble+ield Rte 330 property?
Answer:The pipeline will cross under Hwy 330, turn in a southerly
direction, run along the west side 0+ City Creek-but the +inal
determination has not yet been made.
2. What ~Bgnitude quake is the pipeline being built to?
Answer, The 14' pipeline will be encased in flexible steel and is expected
to withstand the predicted 8+ on the San Andreas Fault near Stubble+ields
property. However. i+ the San Andreas ruptures the ground surface where
the pipeline is in place, the pipeline is not expected to withstand the
groufld movement and would su~~er damage and/ or break.
3. Wtlen will construction begin and end?
Arlswer: The beginning o~ construction will be in late 1995. Construction
~ill begin simultaneously along the 43.5 mile length 0+ the pipeline site.
'There will be impacts to homes and businesses. There will be geo-technical
studies. Construction is slated to be completed in 1999.
My question to you:
How can a development agreement be forged without all of the +acts
that will determine the safest & highest quality secondary access roads?
It is not yet known exactly where & how the pipeline will proceed by the
Stubblefield property. It is hoped that ground rupture will not break the
pipeline, causing untold damage to nearby areas, including secondary
access roads. Construction is slated to begin in all areas within
15 to 18 mos. These unknown ~actors need to be discussed and put into the
development agyeement.
I called his o~+ice
said at the Council
call.
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F'age -2-
M... Empeno
6/8/94
How can a development ag..eement be ~o..ged without a mo..e complete
scena..io conce..ning the fi..e dange..? Input f..om ~i..e~ighte..s and othe..
p..o~essionals involved in last yea..s' Calabassas to Malibu Canyon ~i..es
is needed to address the ventu..i e~~ect that windy canyons ct-eate. The
~i..esto..ms/~i..e to..nados that occu..ed at that time a..e just as possible
he..e. This land is within the High Wind Designation o~ ou.. Gene..al Plan.
We need input that identi~ies time f"ames ~o.. evacuation, time
~..ames ~o.. equipment a....ival, setup, and actual ~i..e~ighting. It cannot
be done just hal~way. Wild~i..es have inc..eased-Santa Ba..bara, San
Be..na..dino, Calabassas to Malibu a..e examples o~ this. Secondary access
roads a..e eve..ything in these events.
We d..ove to Mt. Shadows Mobile Home Clubhouse to vote yeste..day.
and then d..ove to the ..oad closest
to the Bat-nes Unde'-pass on the Mobile Home side o~ the Undet-pass. The
Mobile Home Pa..k ..oads a..e very na....ow. A ~i..e that a~~ects the
Stubblefield Rte330 p..ope..ty would undoubtedly a~~ect the Mobile Home
Pa..k and that would a~~ect the single ~amily homes su....ounding the
pa..k. We had this, happen du..ing the Sycamo..e ~i..e-1980- we could not get
OLW ca," out o~ the d..ivevJay due to the evacLlation o~ the o~ the Mobile
Home Pad,. A..e all o~ these factot"s being conside..ed when detet"mining the
access ..oads? Note: the ci..culation plan ~o.. ou.. a..ea is no good and
is a~~ected by what happens in the Mobile Home Pa..k. The..e a..e about
100 homes nea..by on a long, steep st..eet (Seine Ave.) that ends up nea..
the Small Canyon Check Dam. The..e is no outlet. The..e is a gated chain
link fence that belongs to the Mobile Home Pa..k with a di..t access ..oad-
down into the Mobile Home Pad". Pt"ivate ..esidences 0.. Mobile Home Pa..k
,"ente..s would be competing with each othe.. to get out. A total evalLlation
o~ the cu....ent seconda..y access ..oad system in the Mt. Shadows
Mobile Home Pa..k, the p..ivate ..esidences next to that pa..k, and the Rte 330
p..ope..ty needs to be done. You cautioned the Council Membe..s about
working out the Stubblefield Development Ag..eement in a patchwo..k 0..
piecemeal way. That is what has happened in au.. a..ea as ~a.. as evacuation
ability in a disaster. It will be a mess! Don't add to it with an
inadequate development agreement.
How can a development agreement be fo..ged when the seismic in~o..mation
has not been completed and there~o..e soil stability, ~ault lines, and
other facto..s that would prohibit building on ce..tain areas o~ that
property are not yet known? We have heard that the Stubble~ields bought
this land in the 19605. The Seimic Sa~ety Commission was brand new then.
Ou.. Stubblefield house was built a..ound 1970. The next yea.. th~
Alquist-P..iolo Special Studies Zone was dete..mined and many imp..oved
requirements were begun. When you buy land to develop-you take a chance.
Stubble~ield has been able to develop alot o~ land in our area and been
quite successful it seems. When they bought thei.. land-Ste Hwy 330 was
in place-they knew it was the..e. Certainly they could have ~orseen
the access problems on the Rte~ 330 propertYn
.
o
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page -3-
Mt-. Empeno
6-8-94
The bottom line to me is: Earthquake Hazards have increased over the last
15 years in OUT area. Wild~ire hazards have increased and hundreds o~
homes have been destroyed in the last 5 years ~rom Santa Barbara to San
Be,-nat-dino, to last years' hon-endous Fires .F,-om Calabassas to Malibu.
In all the ~ires winds were a major ~actor.
I would stt-ongly suggest that e"pet-t input ~'-om pro~essionals involved
in last years Calabassas to Malibu ~ires be obtained with regard to the
~easibility o~ top quality secondary access roads ~or ~ire~ighting
equipment and residential evacuation on that property.
r would also suggest that residential homes built on this property be
built to withstand an 8+ mg quake. A city engineer recently told me
that this property is in Zone 4 and that the building standards require
homes to be built to withstand a 7.1 Mg quake. Enclosed is a
scale to compare quakes-as you can see a 8+ is 100's o~ times stronger
than a 7.1 Mg quake, additionally, it will probably last ~or minutes,
not seconds.
The families that will purchase and reside in this Stubble~ield
development will face much hazard in the event o~ an 8+ quake, even
if thelr home is built to withstand such a quake because the land
'Jeneath them will contain a riverbank cli~f on the east side that has
shale deposits. This shaking during the 8+ quake would cause the land
to slide into city creek. Primary and secondary roads could be damaged.
If the 14' pipeline should break in that area an unbelievable amount of
water would be released in just a few minutes causing major damage-
that damage could include making secondary or primary roads inaccessable.
Tile'",,? r"~aJ. iti,?s cannot be put aside. They are pat-t o~ the pt-ocess that
will determine what can or cannot be done with this piece o~ property.
There will be other ~oothill development agreements after this one.
These development agreements will be similar in that they will have
to mitigate the same problems that the Stubble~ields should mitigate-
the predicted San Andreas Earthquake that could rupture the Inland
Feeder Pipeline as it traverses our ~oothills, the high Willd,
high fire danger of building in foothills, and the requirement for high
lluality secondary access roads to provide a means to evacuate and/or
tlrirlg ifl equipment in the event o~ a disaster.
Again, r am asking that more complete information be obtained on all o~
t~e above concerns be~ore ~inalizing the development agreement with
Stt~bble~ield Construction Co.
Thank YDU.
CliUl- MJ!--
(:\1 :LCE' Tc~dd
4027 E~ Piedmont Dr.
i.-li';;ihlal-Io 172346
Ph/Fax (909)862-4470
Enel ~ ED ~3CEllt:~
CC: Oberhellnan, ~iargrave~ Al Boughey, Pope-Ludlam
,
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. " _________ --0-- ---------------(')e alllplification, and in the,;;e towns.
I r!D~t of the houses remain standing.
Companno 0 U .. I' It's an odd thing: "'cw. if any. resi-
tS- denla thought about soil when they
Q J'1O 1-.. I chose their hOUl!ell. It was a detail
uC::Il\.es ...... - II _' - beneath notice. And nowthBtdetail is
1.1908$.._....8.3 'making the dilTcrellcc betwcen sur-
a. 1986 Mollico CIty.. ." 8.1 vival and destruction.
3. 195U_nCouoty..,.. 1.7 And it's not just homes. A major
4. 1980Eu......:....... 1.0 wing of UCLA Medir~1 Center lisla
.. 1983 CoolIngo. . . . . . . . 8.7 and 8inks like 8 great .hip in the pool
.. 1979~V.ll."... 8.8 of l'lquefied soil underneath It. I'he
7.19715anftf..ndo....8.4 ., .
.. IS25__... 8.3 high-pressure petroleum lines tMt
9. 1933l..._..... 6.3 crisscr089 the Westside are ripped
10. 1988 PlImSpmgl. .. .8.0 apart when great II\IIlISll8 of liquefied
11. 1.7WN1l1oo...... ... soil begin to slide downhill. The gas-
Sourca us ~.Suwy
soaked areas burst into name. ignited
by sparks from downed powt'r lines.
Hundreds of toxic spills occur as
holding tanks and pipelines faiL In
Inglewood, a manufacturing plallt
spills 10,000 gallons o( sulfuric acid
onto the ground. and soOn a greenish
cloud is crawling over nearby neigh-
borhoods.
Though a given earthquake will
Mve only a single Richter OllIgnitude.
, the SMking intensities it produces
J will vary from neighborbood to neigh-
borbood. .Scientista melI8Ure tbese in-
tansities with several scales. The moat
1 commonly used scale is the Modified
Mercalli. which rates shaking at levels
1 through 12. Days later. the sMking
I intensity for this earthquake will be
UJ' rated a 7 for the Hollywood Hills: in
101 Santa Monica and Inglewood. 8: in
.aI VenieeandpartsofWestwood.9. The
Modified Merealli scale characterizes
a shaking level of 9 this way: "General
panic. Masonry D [buildings with
poor earthquake resistance] de-
strayed; masonry C [buildings with
better construction but wueinforcedj
heavily damaged. sometimes with
completa collapse; masonry B [build-
ings reinforced] seriously damaged.
General damage to foundations.
Frame structures, if not bolted. shift-
ed off foundations. Frames racked.
Underground pipes broken. Conspic-
uous cracks in ground and liquefac-
tion."
FOR EVERY earthquake.
there is always a Richter
number. In Southem Cali-
fornia, RiChter magnitudes MVC
bec:ome almost ..familiar 88 the
Dow Jones average. One feels a
bump in the night; one checks the
next moming's newspaper for the
Richter.
It is ironic. then. that this scale
is aIIo one of the least undentood
scientific measurements. Invent-
e-i in 1935 by Dr. Charles F.
Rlehter at Caltech, the scale is
based on the Iine9 drawn on
graph paper by a seismocraph;
the Richter magnitude is c8lcu-
latsd from the amplitude of
waves produced by an earth-
quake.
The misunderstanding comes
from the fact that the Richter
system is logarithmic. Thus, a
Richter 2 quake is not twice 88
Iarga 88 a Richter 1. but 10 times
as Iarga. A Richter 3. in turn. is 10
times as Iarga as a 2. or 100 times
as Iarga as a 1. In the aeeompllJ\Y-
ing ftCtional scenario. for exam.
pie. a 7.5 quake is hypothesized
for the Newport.lnglewood Fault
on the west side of Los Angeles. If
the story had supposed a 6.5
event, it would have been only
one-tenth as powerful
The graph at right illustrates
the dramatic differences in power
between common earth-
quakes-those in the range of
Richter 4 to 6- and the much
more rare "great" eatthquake of
Richter 8 or higher. A great
earthquake not only causes more
intense shaking near its source: it
also spreads the shaking over a
much larger area. In one recent
eumple of this. Mexico City was
devastated in 1985 by a great
earthquake whose source was
more tMn 250 miles away.
16
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7.a
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7.7
7.8
.7-6
7.4
7.3
7.2
7.1
7.0
5.5
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LOS ASQELES TIMES ~GAZISE, SOVEMBER 29, 1987
4:30:50 p.m.
THE STATE REACTS
IN THE OFFICE of "~mergency Services
in Sacramento a pulsing red light be-
gins to nash. It means, simply, that
somewhere in California there has
JUt.. 1e '94 1::: 1~ 001 )ojE~F'T S~F F'.el
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WARNER W. HODGDON
HlAaT 'AaIAllQl, ..aaow_ -
relIT _ lOX II"
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OPERATOR
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'l'DLDC'Ol'mn f'TYO'I'm mn.mr.nl
8BNT BY: JJAA. lIM,.. ~ j)<, u',/
TOTAL NUMBBR OF PAGBS BBINO SBNT, INCLUDING 1HIS SHBBT: ~
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We aTe transmlttina' from I OMNIPAX G-96. Our equipment is
lutomatic lend and re<!~ive. If you do not receive aU pqes, please
call as soon II possible. Ask to apeak with the operator named above
at (714) 881-1547. To SBND to us, call (714) 886-9962. You wUl be
automatically anawered by our machine. You should belin to
tranlmll when you hear our tone.
Q
Mf.llTloOl or nil MOUIITAlNJ _ YAIUY liGAN till"
HlADqUAaTDlo POIT oma _11","'_II'IINIlI.WI ...,,_.- ,_
UWlliCt 1oIAII.II<G,.".lkOo\Dlo/ClOa 1OUUV.wt. WI ~. CAUJOIIIIA noli, 11I41llMlP
... WUNU W. HODGDON' . ,Ald.yOlOUt&mUA1I
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WARNEll. W. HODGDON
NlAIlT uaUMCH, _1_
lOll omc:a lOll II..
_1UH__aHI4l_
1714) H.-U41
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July 18, 1994
Fax~ 7/18194 1:15 P.M.
Plannlna/Malor and Council
Mr. Al Boughey, Director
Planning, BuUding Serviccs and Code Enforcement
300 North "0" Street
San Bernardino, California 92418
RE: Stubblefield cast/west Rt. 330 50.24. 99 and 2S year Sub-Standard Development
Aareement, and Rt. 330 Two Difference Feasible City FuIl.Standard Ac:ccss Road(s) with:
Caltrans May 13, 1994 Concurrence. Feasibility and Acceptability
Doar Mr. Boughey:
We are in receipt of your July 8, 1994 Interoffice Memorandum faxed to us on
that date. Therein you state that due to th~ June 11, 1994 numerous and substantial
changes, which Plannina ..reed to, for the Stubblefield Development Aareement etc.,
you are requesting the matter to be contin~ed from July 18, 1994 to August .1, 1994
without discussion. .
At this time we have not received the new Planning Staff Repon or the revised
Development Agreement thereto. We met with you and Roger Hardgrave, Director of
Public Works on Wednesday; July 13, 1994. At that time you reiterated that the content
of your July 8, 1994 Memorandum remained applicable.
Therefore, we expect this matter to be continued without discussion, and rely
thereon accordingly.
Since.-ely, ~
~~~~ ArblHodi.L
Q
HERITAGE or TIlt: WOI/1OTADII AND VIlU.IY _"I_
IlUIlQUAIlnu. fClIT_IOIlIICll. ~-'WI_.~'_
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1llll>lNCI MAILIIlG: Uti IIOAllMOOIlIOlll.lVMD, WI AU_. C:~. 'J404. mCIIIU,"
A _AINU_. HODGDON . fAMIl.YGIOurAmLlAU
. JUl IS '94 12;17 eel HEART BAR
.1I.L......B4 FAI 88.001
....... Fax Not. 7872
~ W6.lrv.r HocJ.edOf\
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SUIJ!CTI
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TEL NOI~63
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OZTY 0' .~. 'IIM~Z.O
'lennie, anC .ull.ln, ....lo.. D.'.~t..ftt
Interotflo. K..or.n.~m
Mayo~ and Common Council
Al BOU9ho~~ctor
Itubbletie14 Acees. Aireement
07uly 8, 1114
Shauna Clark, City A\1min1atrator, Rachel Clarlc, city
Clerk, Jam.. ponman, ~lty Attorn.y, Honry Emp.no, naputy
City Attornoy, ROfor Ha~4frava, Direotor, PUblic Work.
----------~-_._---------._-..-......~----...._---....---....-----
1 am .ubmlttln, a Re~u..t tor Counoil Action and requ..tlnq that
the .tubbl.U.1CS Aoc... Aqroam.nt b. oontinue" until Au,ua. 1,
1"., without alacu..lon.
At tho Council m..tlnQ of June 20, 1914, thla itam wa. Qontlnue4
unt11 07uly le, lU4 tor re.olutlon of rema1nini l..uI.. Rote&'
HarClqrav., Jlenl"Y Emp.no and % me!: with Mark Olto1ch and TOll Parrish
on ",un. Jlnd to lit.cu.. the out.t.tlndinV b.u... Hr. oetoloh .tat..d
that e ~evl'ad Development A,reemont would be .ubmlttad on Fridar,
,,"un.. Uth.
Att.r a.varal phone oalla, and no ro.pon.., I tD~.d a lettar to
Mark 0.t01Ch .nd TOIII Parrilh on ,,"uly 5th raquelt.in; an update on
tho .tatu. of the revised Iqr..mant, and lnformln9 t.hem that I wu
concernod t.hat th.r. would be t~rth.r dalays in the proa....
A. ot today, :r have .till not reoeiv.d a ravilad DeV.lopment
Air.am.nt.. Th. revi.lon. that we aQZ'ee\1 to in our .eatin, Were
fairly IUbatantial, and numeroul, an4 Itatt will not have adequat.
time to review, mako any n.c....ry revi.ion., and prepare a Itaff
report batore Wadnelday ot nGKt w.ek tor the July 18th Counoil
1II..t1nq.
copt.. 'axed TOI
Arnold Stubbl.field, Tom parrl.h, M.rk o.toich
Warner Hod9don