HomeMy WebLinkAbout2011-300
RESOLUTION NO. 2011-300
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 91-01 BETWEEN THE CITY OF SAN
BERNARDINO AND THE DEVELOPER OF THE INLAND CENTER MALL,
LOCATED AT 500 SOUTH INLAND CENTER DRIVE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. Recitals.
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WHEREAS, WM Inland LP has requested approval of an amendment to Development
Agreement No. 91-01 for a phased expansion of the Inland Center Mall; and
WHEREAS, the proposed agreement amendment is referred to herein as Development
Agreement Amendment No. 08-01 and is also referred to herein as First Amendment to
Development Agreement for the Inland Center Mall; and
WHEREAS, the Inland Center Mall consists of approximately 61 acres located at 500
South Inland Center Drive; and
WHEREAS, on April I, 1996, the Mayor and Common Council approved Development
Agreement No. 91-01 by Resolution No. 96-84 which provided the developer of the Inland
Center Mall the right to expand the Inland Center Mall and develop the project site in accordance
with the provisions established in the Development Agreement; and
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WHEREAS, an Environmental Impact Report (State Clearinghouse No. 94032045) was
prepared for Development Agreement No. 91-01, pursuant to Section 15050 of the California
Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, the Planning Commission of the City of San Bernardino held a noticed
public hearing on June 22, 2011, to consider Development Agreement Amendment No. 08-01
and recommended approval to the Mayor and Common Council; and
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2011-300
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WHEREAS, the Mayor and Common Council held a noticed public hearing on July 18,
2011, to consider the proposed Development Agreement Amendment No. 08-01, including the
Planning Commission recommendation and the Planning Division Staff Report dated June 22,
2011.
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
FOLLOWS:
SECTION 2. Findings:
A. Development Agreement Amendment No. 08-01 is internally consistent with the
General Plan in that it meets General Plan Policy 4.5.2 in that it maintains and enhances
commercial regional cores and economically sound community-serving commercial
concentrations by attracting new regional outlets, maintaining the existing regional retail base,
and stabilizing the future regional retail base.
B. Development Agreement Amendment No. 08-01 is consistent with Development
Code Chapter 19.40 in that, in conjunction with Development Agreement No. 91-01, it contains
the mandatory contents for development agreements, including and not limited to the duration of
the agreement, the permitted uses of the property, and the density or intensity of use(s) as
described in Section 19.40.040 of the Development Code.
C. The proposed amendment will promote the public interest, health, safety,
convenience and welfare of the City in that expansion of the Inland Center Mall will create
temporary construction jobs and permanent job opportunities in the City, and generate revenues
and property taxes for the City.
SECTION 3. Development Agreement Amendment No. 08-01:
Development Agreement Amendment No. 08-01, also referred to as the First Amendment
to Development Agreement for the Inland Center Mall, attached hereto and incorporated herein
as Exhibit A, and is hereby approved. The City Manager is hereby authorized and directed to
execute the First Amendment to Development Agreement for the Inland Center Mall on behalf of
the City of San Bernardino.
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2011-300
SECTION 4. Compliance with California Environmental Oualitv Act:
2 An Environmental Impact Report (EIR) (SCH #94032045) was prepared to analyze the
3 environmental impacts of the expansion of the Inland Center Mall as proposed under
4 Development Agreement No. 91-01. The Mayor and Common Council certified the EIR,
5 adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation
6 Monitoring/Reporting Program (MM/RP) on April I, 1996. Development Agreement
7 Amendment No. 08-01 does not alter the scope of the approved expansion plan, provides only
8 minor modifications to the project site, and does not require further environmental analysis or
9 documentation pursuant to Sections 15162 through 15164 of the State CEQA Guidelines.
10 SECTION 5. Notice of Determination
11 The Planning Division is hereby directed to file a Notice of Determination with the
12 County Clerk of the Board of Supervisors of the County of San Bernardino, certifying the City's
13 compliance with the California Environmental Quality Act.
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2011-300
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 91-01 BETWEEN THE CITY OF SAN
BERNARDINO AND THE DEVELOPER OF THE INLAND CENTER MALL,
LOCATED AT 500 SOUTH INLAND CENTER DRIVE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular
meeting thereof, held
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on the 21st
,2011, by the following vote, to wit:
day of November
Council Members:
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]0 MARQUEZ
VACANT
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BRINKER
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SHORETT
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KELLEY
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JOHNSON
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MC CAMMACK
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AYES
NAYS
ABSTAIN ABSENT
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a~~. er!,,!r,r<ft.
Radle! Clark, City Clerk
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The foregoing resolution is hereby approved this
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2~da~/~
Frederic Shorett, Mayor Pro Tern
City of San Bernardino
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Approved as to form:
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JAMES F. PENMAN,
City Attorney
By: c4.~.~~~~~~4{~
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2011-300
RECORDING REQUESTED BY:
GRESHAM SAVAGE NOLAN & TILDEN
AND WHEN RECORDED, MAIL TO:
Gresham Savage Nolan & Tilden
550 East Hospitality Lane, Suite 300
San Bernardino, CA 92408
Attn: Mark A. Ostoich, Esq.
(THIS SPACE FOR RECORDER'S USE ONLY)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
FOR THE INLAND CENTER MALL
Between
THE CITY OF SAN BERNARDINO,
a Municipal Corporation
and
WM INLAND LP,
a Delaware limited partnership
First Amendment to Development Agreement 13
W990.000 - 777455.]
2011-300
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
FOR THE INLAND CENTER MALL
This First Amendment to Development Agreement for the Inland Center Mall ("First
Amendment") is entered into effective November 21 , 20l.!.-, between the City of San
Bernardino, a municipal corporation ("City") and WM Inland LP, a Delaware limited
partnership, doing business as Inland Center ("Developer").
A. Effective May 1, 1996, City and Developer's predecessor-in-interest, Mano
Management Company, Inc., a Delaware corporation ("Mano"), entered into a Development
Agreement regarding anticipated development at the Inland Center Mall ("Development
Agreement"). The Development Agreement was enacted on April 1, 1996, by Resolution No.
96-84, i!tY\d ~~on:l~d t:?h Apt'.'l ot) tl1~1,1 a~ :t:'V\!;)-hrc.J~Vlt- \VD. lC\Ctt,oIZ"3"360J
(PFPI tt&(..l ~'-ord ~ (!) F Sa-VI -e,eVnA..rchflO l!O"Vlt!:1 '
B. Developer is the successor-in-interest of Mano and has received from Mano the
transfer of all of Mano' s rights and obligations under the Development Agreement.
C. Since 1996, market conditions have adversely affected regional malls throughout
the United States. Such market conditions include, without limitation, the consolidation of major
tenants, leading to the departure of traditional major tenants from the marketplace and changing
consumer patterns, leading to a preference for life-style oriented developments that combine
retail, restaurant and entertainment uses. Despite reasonable efforts, such market conditions
have prevented Mano and Developer from meeting certain milestone dates for development, as
envisioned by City and Developer at the time the Development Agreement was enacted.
D. In addition, the California Department of Transportation ("Caltrans") recently
widened Interstate 215 by constructing two additional lanes immediately adjacent to the Inland
Center Mall ("Interstate 215 Improvements"), on property previously containing a 15' landscape
buffer immediately adjacent to the freeway, and parking spaces in the parking lot. Construction
of the Interstate 215 Improvements prevents Developer's ability to comply with certain
provisions of the Development Agreement related to landscape buffering adjacent to the
Interstate 215, and with the 25' landscape buffer required by the Freeway Overlay zone for
properties adjacent to the freeway.
E. Developer continues to desire to carry out the intent of the Development
Agreement in a manner which is responsive to market conditions as they exist from time to time.
To that end, Developer has requested certain amendments to the Development Agreement, as
more particularly set forth in this First Amendment, and the City is agreeable to the same.
F. On November 21 , 20-.1L, the City Council adopted Resolution No.
2011-300 ("Enacting Resolution"), which enacted this First Amendment and the
Enacting Resolution became effective on the date of its adoption.
G. By adopting the Enacting Resolution, the City Council reaffirms the Development
Agreement as amended by this First Amendment. Hereafter, each reference to the Development
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First Amendment to Development Agreement-13
W990-000 - 777455.1
2011-300
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
FOR THE INLAND CENTER MALL
This First Amendment to Development Agreement for the Inland Center Mall ("First
Amendment") is entered into effective November 21 , 20~, between the City of San
Bernardino, a municipal corporation ("City") and WM Inland LP, a Delaware limited
partnership, doing business as Inland Center ("Developer").
A. Effective May 1, 1996, City and Developer's predecessor-in-interest, Mano
Management Company, Inc., a Delaware corporation ("Mano"), entered into a Development
Agreement regarding anticipated development at the Inland Center Mall ("Development
Agreement"). The Development Agreement was enacted on April 1, 1996, by Resolution No.
96-84.
B. Developer is the successor-in-interest of Mano and has received from Mano the
transfer of all of Mano' s rights and obligations under the Development Agreement.
C. Since 1996, market conditions have adversely affected regional malls throughout
the United States. Such market conditions include, without limitation, the consolidation of major
tenants, leading to the departure of traditional major tenants from the marketplace and changing
consumer patterns, leading to a preference for life-style oriented developments that combine
retail, restaurant and entertainment uses. Despite reasonable efforts, such market conditions
have prevented Mano and Developer from meeting certain milestone dates for development, as
envisioned by City and Developer at the time the Development Agreement was enacted.
D. In addition, the California Department of Transportation ("Caltrans") recently
widened Interstate 215 by constructing two additional lanes immediately adjacent to the Inland
Center Mall ("Interstate 215 Improvements"), on property previously containing a 15' landscape
buffer immediately adjacent to the freeway, and parking spaces in the parking lot. Construction
of the Interstate 215 Improvements prevents Developer's ability to comply with certain
provisions of the Development Agreement related to landscape buffering adjacent to the
Interstate 215, and with the 25' landscape buffer required by the Freeway Overlay zone for
properties adjacent to the freeway.
E. Developer continues to desire to carry out the intent of the Development
Agreement in a manner which is responsive to market conditions as they exist from time to time.
To that end, Developer has requested certain amendments to the Development Agreement, as
more particularly set forth in this First Amendment, and the City is agreeable to the same.
F. On November 21 , 20-.lL., the City Council adopted Resolution No.
2011-300 ("Enacting Resolution"), which enacted this First Amendment and the
Enacting Resolution became effective on the date of its adoption.
G. By adopting the Enacting Resolution, the City Council reaffirms the Development
Agreement as amended by this First Amendment. Hereafter, each reference to the Development
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W990.000 - 777455.1
2011-300
Agreement shall be deemed to be a reference to the Development Agreement, as amended by this
First Amendment.
IN CONSIDERATION of the mutual covenants and conditions contained in this First
Amendment, the parties agree as follows:
OPERATIVE PROVISIONS
1. Phasing.
(a) Paragraph 2(f) of the Development Agreement is deleted in its entirety
(and particularly, the "Expected Completion Date" provisions of Paragraph 2(f)) and the
following is substituted in its place:
"Developer intends that the Development of the Inland Center Mall will
be phased as follows:
Phase
Improvements
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Construct New Anchor 1 with approximately 140,000
square feet of gross building area. Construct New Anchor 2
with approximately 160,000 square feet of gross building
area. Construct additional lower level retail shopping mall
improvements with approximately 3,700 square feet of
gross building area, additional first level retail shopping
mall improvements with approximately 7,400 square feet of
gross building area. Construct additional second level retail
shopping mall improvements with approximately 142,505
square feet of gross building area. Construct new non-retail
improvements with approximately 75,000 square feet of
gross building area. Construct three adjacent parking
structures accommodating approximately 2,220 autos.
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Construct New Anchor 3, with approximately 240,000
square feet of gross building area. Construct additional
second level retail shopping mall improvements with
approximately 16,000 square feet of gross building area.
Construct new non-retail improvements with approximately
25,000 square feet of gross building area. Construct an
adjacent parking structure accommodating approximately
800 autos. From time to time, and as circumstances
warrant, Developer intends to update the description of
Phase II to account for market demand, subject to approval
requirements stated in "Operative Provisions" in
subparagraph 3(a) of the Development Agreement.
Notwithstanding the foregoing, if by May 1, 2026, Developer fails to
obtain a certificate of occupancy from the City (or the equivalent approval
by the City, if the City no longer issues certificates of occupancy at that
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2011-300
time), with respect to the construction of the improvements in Phase I or if
by May 1, 2031, Developer fails to obtain a building permit with respect
to the improvements in Phase II, then at the election of the City, the City
may require Developer to agree to an amendment of this Agreement to
provide that, during the remainder of the term of this Agreement, the
Development of the Inland Center Mall will be governed by the land use
provisions of the City's Development Code (Title 19 of the Municipal
Code), as they exist at the time of actual Development.
Consistent with the foregoing, the 20-year term of this Agreement as set
forth in paragraph 1, is extended to and including April 30, 2036."
(b) Notwithstanding any contrary provision in the Development Agreement,
including in Exhibit "D" of the Development Agreement, Developer may phase the
Development of the Inland Center Mall in a manner that, in Developer's sole discretion,
responds to applicable market conditions.
2. Parking. Paragraph 6(g) of the Development Agreement is deleted in its entirety
and the following is substituted in its place:
"Developer will be required to provide onsite parking at a ratio of 4 parking
spaces for each 1,000 square feet of gross leaseable area which is occupied from
time to time in the buildings, in connection with Developer's use of the Inland
Center Mall as contemplated in the Development Agreement."
3. Annexation. In the event Developer acquires the land which is depicted as "2.6
acres" in Exhibit "J" of the Development Agreement, such land will, as of the date of
Developer's acquisition (as documented by recordation of a deed conveying title to such land to
Developer), automatically be deemed annexed into the Development Agreement and, from and
after such date, will be subject to all of the provisions of the Development Agreement.
4. Downtown Cinema. City and Developer agree that Developer and its successors
and assigns presently have the legal right to develop and operate a cinema/theater complex at the
Inland Center Mall, as it may be contemplated from time to time (including all legal parcels and
all parking areas presently comprising the Inland Center Mall), with no limitation on the number
of screens within the cinema/theater complex. Such legal right is based on land use entitlements
applicable to the Inland Center Mall as of May 1, 1996, which land use entitlements were vested
by this Agreement as of its effective date of May 1, 1996.
City and Developer acknowledge and agree that such vested land use entitlements
regulate land use at the Inland Center Mall, notwithstanding the subsequently approved
amendment to City's Development Code, adopted July 5, 2011, pursuant to Ordinance No. MC-
1356 ("2011 Development Code Amendment") and, therefore. supersede and preempt the 2011
Development Code Amendment. The 2011 Development Code Amendment limits the location
of cinema/theater complexes to three screens or less in areas of the City other than within the
downtown Main Street Overlay District, as that term is used in the 2011 Development Code
Amendment.
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Notwithstanding the legal right of Developer and its successors and assigns to
develop and operate a cinema/theater complex at the Inland Center Mall, with no limitation on
the number of screens within the cinema/theater complex, Developer agrees that it will refrain
from doing so unless and until the occurrence or failure, as the case may be, of any of the
following:
(a) If the present negotiations between the San Bernardino Economic
Development Agency or the San Bernardino Economic Development Corporation and Regal
Entertainment Group or another operator of First Run Theaters, as First Run Theater is defined
below ("First Run Theater Operator"), which are intended to facilitate the First Run Theater
Operator's take over, refurbishment and operation of a cinema/theater complex as a "First Run
Theater" at the cinema/theater complex presently located at the northwest comer of E Street and
Fourth Street in San Bernardino ("Downtown Cinema"), are not consummated by September 30,
2012, or First Run Theater operations have not commenced at the Downtown Cinema by June
30,2013.
As used herein, a "First Run Theater" means a first-class, multiplex
theater containing at least four (4) screens and having stadium-style seating, that runs exclusively
mainstream first-run films from any major, nationally recognized film company and/or
distributor, during the initial new release period of each film;
(b) If after First Run Theater operations have commenced at the Downtown
Cinema, such First Run Theater operations are downgraded so they are no longer a First Run
Theater operation;
(c) If after First Run Theater operations have commenced at the Downtown
Cinema, all operations cease. However, cessation of operations for a period not exceeding six
consecutive months for remodeling purposes shall not be deemed a cessation of operations under
this clause (c), provided that First Run Theater operations recommence at the Downtown Cinema
within such six consecutive month period;
On the occurrence or failure, as the case may be, of any of the conditions
described in clauses (a) through (c) above, Developer's agreement to refrain from developing
and/or operating a cinema/theater complex at the Inland Center Mall shall immediately and
automatically terminate and Developer and its successors and assigns shall thereafter be free to
develop and/or operate a cinema complex at Inland Center Mall, with no limitation on the
number of screens within the cinema/theater complex, pursuant to Developer's vested right
described above.
As specific consideration for Developer's agreements in this paragraph,
Developer will have no further obligations under paragraphs 5, 6 and 7 of Exhibit "I" of the
Development Agreement.
5. No Default. As of the Effective Date of this First Amendment, City and
Developer acknowledge and agree that neither party is in default of any provision of the
Development Agreement.
6. Unnecessary Provisions. Paragraphs 35 and 36 of the Development Agreement
are no longer necessary and are deleted in their entirety.
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First Amendment to Development Agreement-13
W990-000 - 777455, J
2011-300
7. Defined Terms. Except as otherwise defined in this First Amendment, all
capitalized terms in this First Amendment will have the same meanings as are ascribed to those
terms in the Development Agreement.
8. Address for Notices ati.d Other Communications to Developer. Developer's
address for notice under the Development Agreement is changed to the following:
WM Inland LP
c/o Macerich Company
401 Wilshire Boulevard, Suite 700
Santa Monica, California 90401
Attn: Chief Legal Officer
9. Incorporation of Recitals. The Recitals in this First Amendment are material and
are incorporated herein by reference.
10. Development Agreement Continues in Full Force and Effect. In any case where a
specific section in the Development Agreement is amended by this First Amendment, the parties
intend to also amend any other provision in the Development Agreement which is related to the
same subject matter. Accordingly, in the event of any conflict between any provision of this
First Amendment and any provision in the Development Agreement, the conflicting provision in
this First Amendment shall supersede and control. Except as amended by this First Amendment,
all of the provisions of the Development Agreement will continue in full force and effect.
[SIGNATURES FOLLOW]
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First Amendment to Development Agreement-13
W990-QOO --777455.1
2011-300
CITY
By:
rporation
Cliarles McNeely
City Manager
ATTEST:
By: Q~~d f.t. ~
~chel Clark
City Clerk
APPROVED AS TO FORM:
By:
~~. Tk~~ .~-.9._ ~1 &
J~esF.Penman 6l' .L"~~f -AL_'_
CIty Attorney -/ --~ ~ . -7 ~
~ ~~~..~
~
[ADDITIONAL SIGNATURE FOLLOW]
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First Amendment to Development Agreement-13
W990-000 -- 777455.1
2011-300
DEVELOPER
WM INLAND LP,
a Delaware limited
partnership
By: Walton Inland GP, L.L.C.,
a Delaware limited liability company,
its general partner
By: Walton Inland Holdings IV, L.P.,
a Delaware limited partnership,
its sole member
By: Walton Inland Holdings IV GP, L.L.C.,
a Delaware limited liability company,
its general partner
By: Walton REIT Holdings IV, L.L.C.,
a Delaware limited liability company,
its sole member
By: Walton REIT IV, L.L.C.,
a Delaware limited liability company,
its managing member
By: Walton Street Real Estate Fund IV" L.P.,
a Delaware limited partnership,
its managing member
By: Walton Street Managers IV, L.P.,
a Delaware limited partnership,
its general partner
By: WSC Managers IV, Inc.,
aDelaware corporation,
I~e1ff{1
By:
Name: obby SchWindt
Title: Vice President
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First Amendment to Development Agreement-13
W990-000 -- 777455.1
STATEOF ~/;.hr/Jl"a/ )
COUNTYOSI1 #~I'/J~rh (/ ~
On /7lu c-t. ~ ~ 20 /2-, berme me, Y:;"'i ~ / ,.1t ~ / , ~
Notary Public, in an for said County and State, personally appeared ks
IE ' , who proved to me on the
basis of satisfact evidence to be the person(8fwhose name~is/at'C subscribed to the
within instrument and acknowledged to me that he/~/they executed the same in
his~/their authorized capacity(~), and that by his/bt;n"/their signatureCs}-on the instrument
the person~or entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California, that the
foregoing paragraph is true and correct.
(Seal)
. V~~~'E~.vM~N-;:6~Al
i . . COMM. # 1808252 Z
25 NOTARY PUBLIC - CALIFORNIA s:
I . SAN BERNARDINO COUNTY ...
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COUNTY OF
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STATE OF
On _, 20_, before me, , ~
Notary Public, in and for said County and State, personally appeared
, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California, that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Notary Public
First Amendment to Development Agreement-I 3
W990-000 --777455.1
2011-300
STATE OF ---1l\1 V\D\6
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COUNTY OF
On Jd-nl ~ .J..!., 20 J2., before me, 'M.tLkU'1 b.7)i~ ' ~
Notary Public, in and for said. County and State, perso~ared
b VlW I nd , who proved to me on the
basis of sati tory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California, that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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(Seal)
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STATEOF~'\tU)\6
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COUNTY OF
On jcif\~ lL, 20 ,~ before me, ~~ ' ~
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R..o to b~ W l Vlc\ +- , who proved to me on the
basis of satis ctory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California, that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~ <'i: ~ (Seal)
Notary Pub c
First Amendment to Development Agreement-13
W990-000 -- 777455.1
2011-300
PUBLIC IMPROVEMENTs
EXHIBIT "I-
2011-300
PUBLIC IMPROVEMENTS
1. Prior to issuance of Certificate of Occupancy for Phase I of the project! the
developer shall provide the followine improvements at the intersection of Inland
Center Drive at MilI/"E- Streets as follows:
a) Re-stripe -E- Street north and south of Mill Street to provide an
additional left-turn lane on the northbound approach.
b) West of "E" Street, remove the median island on MiJl Street and widen
both the nonh side and south side by 3 feet, achieved by narrowing the
sidewalks and re-striping Mill Street east and west of "E" Str~t to
provide for eastbound approach lanes as follows: a lefHum lane. a
through lane, a shared through-right turn lane to southbound "Elf Street,
and a right-turn lane which serves both southbound Inland Center Drive
and "E" Street.
c) Widen Inland Center Drive by 3 feet minimum on the north side and by
1 (oot minimum on the south side, and re-stripe to provide a shared Jane
for westbound Mill Street " northbound "E" Street, a through lane for
northbound "E" Street only, a lane for eastbound Mill Street only, and a
shared lane for eastbound Mill Street and southbound "H" Street.
d) Upgrade existing intersection signing for the new lane configuration.
e) Existing traffic signal heads shall be placed in their proper alignment to
the new traffic Jane configuration. This may require the modification of
existini mast ann signal head placement or by replacing sipal poles and
providing longer mast arms to achieve the proper alignment.
Should the development of Phase I occur in sub.phases, this measure shall be
implemented prior to issuanCe of Cenificate of Occupancy for the first component
that is completed.
2. Prior to issuance of Certificate of Occupancy for Phase I of the project, the
developer shall provide the fonowing improvements for the intersection of Orange
Show Road and "E" Street as follows:
a) Widen "E" Street north of Orange Show Road on the west side by 1 foot
minimum and re-stripe "E" Street north and south of Orange Show Road
to provide dual left-turn lands on both the northbound and soutllbound
approaches.
EXHIBrr "I"
Pa,e 1 of 3
2011-300
b) Widen Orange Show Road east of -E- Street by 6 feet on the nonh side
and 4 feet on the south side to provide for westbound approach Janes as
follows: two left-turn lanes, two through lanes, and a righNum Jane.
e) Widen Orange Show Road west of -Sir Street by 2 feet on the south side
and re-stripe to provide for westbound approach lanes as follows: two
lefHum lanes (the inner, eastbound through lane east of the. 1-215
off-ramp would become a forced left-turn lane at irE- Street), a through
lane and a shared throughlright-turn lane.
d) Modify the traffic signal for eight phase operation.
e) Existing traffic signal heads shall be placed in their proper alignment to
the new traffic lane configuration. This may require the modification of
existing mast arm signal head placement or by replacing signal poles and
providing longer mast arms to achieve the proper alignment.
Should the development of Phase I occur in sub-phases, this measure shall be
implemented prior to issuance or Certificate of Occupancy for the fU'st component
that is completed.
3. Prior to issuance of Certificate of Occupancy for Phase I of the project, the
developer shall upgrade and modify and improve the following traffic signals:
a) liE- Street/Central Avenue
b) "E" StreetlBenedict Street
c) Inland Center Drivel Adell Street
d) Inland Ceoter Drivel"O" Street
The following features shall be incorporated into the design of the above signals:
(1) Interconnection/coordination along "E. Street from Orange Show
Road to Mill Street. along Inland Center Drive from 1-215 to Mill
Street &. irE- Street.
(2) Replacement of non-standard signal poles and mast arms with
standard poles, mast arms, and signals (incorporate
ProtectiveIPennissive signal phasing when possible).
EXHIBIT .1.
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2011-300
(3) Removal of existing median poles/islands from all signalized
intersections modified by the project.
(4) Add detection loops on all phases of all signals.
4.
Prior to issuana of Certificate of Occupancy for Phase I of the project, the
developer shall develop a landscape median along Inland Center Drive. The
median improvements shall prohibit left-turns outbound from the project at the
Malt Driveway (North) and Inland Center Drive and the Mall Driveway (South)
and Drive.
i~~'-
Prior to issuance of Certificate of Occupancy for Phase J, the applicant sball make
arrangements with the City of San Bernardino Department of Public Works. City
Engineer to participate in the costs of freeway mitigation due to the project
impacts, unless alternative funding sources are identified. The amount of the
Freeway mitigation sball be determine4 after acceptance of the Traffic Impact
Analysis by the City and SANBAG.
Prior to issuance of Certificate of Occupancy fot Phase n of the project, the
developer shall contribute an amount equal to 5 ~ of the cost to mitigatdimprove
the intersection of Mount Vernon Avenue and Mill Street, as identified in the
traffic study. This equates to a fair-share cash contribution of $4,000.00, eacb
phase.
Prior to issuance of Certificate of Occupancy for Phase n of the project, the
developer shalJ contribute an amount equal to 5" of the cost to mitigatelimprove
the intersection of Hunts Lane and Red1ands Boulevard, as identified in the traffic
study. This equates to a fair-share cash contribution of $9,000.00. Qch phase.
EXHIBIT "I"
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