HomeMy WebLinkAbout19- Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Authorization to proceed with site
development planning prior to the placement of a
Dept: Development Services modular unit at Al Guhin Park; and authorizing the
Director of Finance to amend the FY 09/10 budget by
Date: September 1, 2009 appropriating $300,000 from Fund No. 208
(Verdemont Improvement) to Account No. 208-687-
File: 5504-7743 "PR04-28: Verdemont Community
Center."
MCC Date: September 21, 2009
Synopsis of Previous Council Action:
06-18-07 Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Professional Services Agreement with
David Evans & Associates in the amount of$113,567 for the preliminary plans
for the proposed Verdemont Community Center and to repeal Resolution No,
2007-144, approved by the Mayor and Common Council on May 7, 2007.
04-21-08 The Mayor and Common Council approved preliminary design and location, and
authorized release of request for proposals for preparation of plans and
specifications for the Vermont Community Center.
Recommended Motion:
1. Authorize the Director of Development Services to proceed with issuing a Request for
Proposals for site development planning prior to the placement of a modular unit at Al
Guhin Park; and
2. Authorize the Director of Finance to amend the FY 09/10 budget by appropriating $300,000
from Fund No. 208 (Verdemont Improvement) to Account No. 208-687-5504-7743 "PR04-
28: Verdemont Community Center." rd&� n, Rm�
Valerie C. Ross
Contact Person: Kerry Morford, Interim Assistant Phone: 5125
Director of Development Services
Supporting data attached: RFCA, Staff Report & Memo from Ward(s): 5
Director of Parks, Rec. & Comm. Services
FUNDING REQUIREMENTS: Amount: $300,000
Source: (Acct.No.) Fund No. 208
Acct. Description: Verdemont Improvement Fund
Finance:
Council Notes: p
Agenda Item No. pl 1
'1-21'Li p
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Authorization to proceed with site development planning prior to the placement of a modular
unit at Al Guhin Park; and authorizing the Director of Finance to amend the FY 09/10 budget by
appropriating $300,000 from Fund No. 208 (Verdemont Improvement) to Account No. 208-687-
5504-7743 "PR04-28: Verdemont Community Center."
Bacimround:
In late 2007, a Request for Proposals (RFP) was issued by the Parks, Recreation and Community
Services Department seeking proposals for design and engineering services to develop four (4)
new park sites and facilities. One of the identified new facilities was the Verdemont Community
Center,proposed for the site located generally along the east side of Interstate 215,north of Little
League Drive and adjacent to the pet cemetery which comprises approximately four (4) acres.
The RFP noted that the City was proposing to construct a 15,000 square-foot community center
building that would meet the U.S. Green Building Council LEED (Leadership in Energy and
Environmental Design) Rating System at a gold or platinum level. The tasks for this project
included preparing a preliminary design, final design and preparation of plans and specifications.
After receiving responses to the RFP in January 2007, staff scaled back the tasks for this project
to include only preparation of a preliminary or schematic design due to budget constraints. A
contract was ultimately awarded in the amount of $113,567 to David Evans and Associates
(DEA) as the best-qualified design consultant for the project. Work commenced in June 2007
and the preliminary/schematic plans were completed in early 2008.
On April 21, 2008, the Mayor and Common Council approved the schematic design and location
for the proposed Verdemont Community Center and authorized staff to release a Request for
Proposals (RFP) for the detailed plans and specifications. After receipt of the proposals, it
became apparent the City lacked the resources to construct the facility, which at the time was
estimated at a cost of $10.5 million excluding the remaining design and specification
development costs. The process ceased at this point until other alternatives could be explored.
As the Director of Parks, Recreation and Community Services and Council Member Kelley
began researching other possible means to facilitate a community center in the Verdemont area
the options were narrowed to locating a mobile modular unit at Al Guhin Park. This subject was
brought before the Ways and Means Committee on August 19, 2009, whereupon the Committee
recommended that this item be forwarded to the City Council for their consideration. Provided as
an attachment to this report is the information given to the Ways and Means Committee
illustrating modular floor plans, costs and building dimensions. No recommendation is being
provided at this time for the lease or purchase of a modular building. Staff will use a competitive
process for acquiring the modular unit and bring the matter back for Council action at a latter
date. The Director of Parks, Recreation and Community Services is currently developing the
staffing and operational details for the proposed community center.
2 09/14/2009 9:49 AM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT -Continued
Site development planning needs to occur before setting a modular building on the site for the
purposes of determining parking, landscaping, utility service points and other pre-development
activities. Staff will solicit proposals from design professionals to perform the site planning and
an estimate of the costs for the site development. Staff, therefore, respectfully requests the Mayor
and Common Council authorization to proceed with the project as discussed above.
Financial Impact:
Funding for the project is available in the Verdemont Improvement Fund in the amount of
$300,000. The Verdemont Community Center is identified as a project in the Capital
Improvement Program (PR04-28); however, a budget amendment is necessary to allocate the
funds from the Verdemont Improvement Fund to the Verdemont Community Center project for
site development planning, future site development costs, and acquisition of the mobile modular
unit.
Recommendation:
1. Authorize the Director of Development Services to proceed with issuing a Request for
Proposals for site development planning prior to the placement of a modular unit at Al Guhin
Park; and
2. Authorize the Director of Finance to amend the FY 09/10 budget by appropriating $300,000
from Fund No. 208 (Verdemont Improvement) to Account No. 208-687-5504-7743 "PR04-
28: Verdemont Community Center."
Attachments:
Information provided at the Ways and Means Committee meeting of August 19, 2009
3 09/14/2009 9:49 AM
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Mobile Modular Management Corporation External Floor fan
11450 Mission Blvd. p
mobile Mira Loma, CA 91752-1015 Building Size: 48 X 60
modular P (951)360-6600 Fax: (951)360-6622 Number of Floors: a 4
wwwlaoWeModularRents.aam A#:
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Building Information: Dimensions are nominal.
Manufacturer. Standard Pac
SN#:08991263526609,08991263826610, 08991263526611,08991263826612
E-Code:62232,62233, 62234, 62235
Yard Location:8 C, 8 C,8 C,8 C
Exterior Information:
Roof Load: 20 Towbar:3' Bolted HVAC Volts:220
Floor Load: Unknown Axles:3 Power Panel:125
Wind Rating:17.4 Occupancy:B2 Roof Type:See Notes
Height 14'0" Exterior Finish:T-1-11 8" Window Type: Horizontal
Width: 170" Exterior Color: CamellMesa Door Type: Dbl,RLC
Interior Information: Plumbing Information:
Interior Finish:VWG,HampGry Ceiling Type: Random Figs Urinals: 1 Water Heater:6 Gal
Flooring: Carpet Ceiling Height:95" Toilets: 2 Showers:0
Flooring Color. Unknown Max Span: N/A Sinks: 3
PmMnd.06-10.2009 05:50PM Page 1 of 2
r�r Mobile Modular Management Corporation
11450 Mission Blvd. p External Floor Ian
mobile Mira Loma, CA 91752-1015 Building Size: 36 X 60
modular — 1 (951)360-6600 Fax: (951)360-6622 Number of Floors: 3
tevhaira�fm@.w�oar www.MoWeModularRents.com A#:
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Budding Information: Dimensions are nominal.
Manufacturer: DesignMobile
SN#: C09224, C09225, C09226
E-Code: 16104, 16105, 16106
Yard Location: RET, RET, RET
Exterior Information:
Roof Load:20 Towbar:3'Bolted HVAC Volts:220
Floor Load:5o PSF Axles:3 Power Panel:125
Wind Rating:15 Occupancy:B2 Roof Type:Rolled
Height: 13' 10" Exterior Finish:T4.11 8" Window Type: Horizontal
Width: 12'0" Exterior Color:Camel/Mesa Door Type:Sgl,RLC
Interior Information: Plumbing Information:
interior Finish: Panel,AlmGrs Ceiling Type: Random Piss Urinals:0 Water Heater:6 Gal
Flooring: Carpet,Ready Ceiling Height:95" Toilets:2 Showers: 0
Flooring Color: Unknown Max Span: NIA Sinks:3
HVAC Return:
Accessories Information:
Pnnw:00•i0.2000 os-soPM Gaga 1 of 7
ADDITIONAL ADVISORY INFORMATION FOR LESSEE OR BUYER
The provisions below (the 'Incorporated Provisiond') shall be incorporated by reference into all Lease
Agreements (each a Agreement") entered into on or after October 1`t, 2008, between Mobile Modular
Management Corporation, a California Corporation, as LessorlSeller ('Lessor/Seller, or 'L.essoe and
any customer of Lessor/Seller, as Lessee/Buyer ("Lessee/Buyer" or Lessee"). These provisions are
subject to change in Lessor/Sellers sole discretion. Capitalized terms not otherwise defined herein shall
have the meanings given to such terms in the Agreement and related Master Lease Agreement.
In an effort to offer "no surprises" to Lessee/Buyers, Lessor/Seller has compiled the following list of
occurrences that will result in ADDITIONAL CHARGES to fees already quoted for delivery, drop-off, pick-
up, return and relocation of Equipment. Additionally, listed below is information regarding common
practices and procedures that may be relevant during the Lease Term.
A. DELIVERY, RELOCATION, OR RETURN DELIVERY TIMES: Due to unforeseen delays related
to weather, traffic or a prior haul, Lessor/Seller cannot guarantee specific times on deliveries. However,
Lessor/Seller will do Its utmost to accommodate Lessee/Buyer's scheduling needs. Saturday and Sunday
deliveries are available at a premium rate.
B. DRY RUN: Lessor/Seller will notify the Lessee/Buyer in advance of arrival for pick-up or delivery
to help prevent a dry run and additional cost to the Lessee/Buyer.
C. EQUIPMENT PLACEMENT: For an additional fee, Lessor/Sellerwill assess the site specified on
the applicable Agreement and make recommendations on placement. For certain types of Equipment,
such as some multi-wide modulars,the setup crew that follows the driver may not have the ability to move
the Equipment more than a few feet. Avoid placing the Equipment in low lying areas in case of flooding
or on surfaces with inadequate drainage. Lessor/Seller recommends the use of blocks of wood or
concrete to elevate any Equipment consisting of containers, as Lessee/Buyer deems appropriate to avoid
flooded areas. In the case of Equipment located in the State of Florida, do not place the Equipment
closer than two feet to another structure without advance written approval from the Lessor/Seller.
D. ADDITIONAL ON-SITE LABOR:Additional charge(s)will result due to site access(i.e.,muddy or
inaccessible site) or preparation problems that hinder Lessor/Sellers representative or cause them to
wait Additional labor and equipment may be required to remove Equipment from a muddy, damp, or
otherwise inhibited location.
E. ADDITIONAL SET-UP TIME due to unlevel site conditions may result in extra charges.
Lessor/Seller defines a level site for Equipment as follows: Length — no greater that a 4" drop in 40';
Width — not greater that a V drop in 8'. TO HELP AVOID THIS CHARGE, PLEASE MAKE
LESSOR/SELLER AWARE OF SITE CONDITIONS AHEAD OF TIME SO THE CORRECT MATERIALS
MAY BE SUPPLIED. Should there be an additional charge for the installation of the Equipment due to
the unlevel site, a similar charge will be assessed for the removal of the Equipment.
F. RE-LEVELING THE EQUIPMENT due to adverse site or weather Conditions (wetness, settling,
unstable ground, etc.), or adjustment due to personal property (such as furniture, files or equipment)
Inside the Equipment, will result in an additional charge. For containers, once the container is on the
ground,inspect the four comers of the unit. If any comer is not touching the ground, Lessee/Buyer must
shim those comers to provide a solid foundation. The doors may not open R this is not done properly.
G. HEATINGIAIR CONDITIONING:
() Section G. does not apply to Sale Agreements, however recommended care protocols
and sizes apply,
(ii) in all rases, Lessee shall change the heatinglair conditioning filter(s) every three (3)
months or sooner,and
(iii) For Equipment not located in the State of Florida Section G.(ilt) does not apply. h the
case of Equipment located in the State of Florida, Lessee shall flush and Clean the HVAC
Page 1 of 3
Additional Advisory Information for Lessee or Buyer,rev.3/5/09
condenser coil as required annually. Additional charges may be assessed for Equipment
that is returned with dirty diffusers and air ducts. Failure to change the interior and
exterior filter on the unit on a regular basis may result in severe damage to the
Equipment.
i. Filter size for HYBRID"Campus Maker is 16x30x1
ii. Filter size for other buildings is 16x30x1
iii. Filter size for 12x40 commercial office buildings, 12x30 restroom buildings
and 12x42 restroorn buildings are 16x25xl.
(iv) WALL CARE: Lessee/Buyer should use pushpins for hanging pictures, etc., on Equipment. As long
as excessive amounts are not used, in the case of a Lease Agreement no repair charges will be incurred.
Lessee/Buyer should not use tape as it can remove the wall finish,which will result in damage charges.
(v) REPAIR OF LEAKS: It is not uncommon for leaks to occur on a modular when recently delivered or
relocated. In order to seal leaks properly, a dry surface is required. Lessor/Seller will do its utmost to seal
any leaks in a timely manner once the weather permits. Lessee/Buyer is responsible to report leaks to
Lessor/Seller in a timely manner to ensure appropriate resolution of the issue as further damage may be
caused by delayed repair. In the case of Sale Agreements the terms of repair will be governed by the
warranty presented in the Sale Agreement.
(vi) ROOF RUMBLES. Lessor/Seller offers no warranty or guarantee against roof rumbles.
(vii)RETURN DELIVERY PROCEDURE Not applicable to Sale Agreements. Lessee should provide the
Lease number and Equipment identification (Building 1D) when notifying Lessor that Lessee wishes to
schedule return delivery. Lessor will do its utmost to expedite a return delivery request.
• CONDITION OF EQUIPMENT: Upon scheduling the return delivery, it is the Lessee's
responsibility to advise Lessor if wheels, tires, axles, towbar or other items have been
removed from the Equipment and, if so, of the their location. Additionally, Lessee is to advise
Lessor whether skirting, earth anchors or other Items have been attached to the Equipment
and require removal
• SKIRTING, SEISMIC RESTRAINTS, OR AWNINGS: Removal of skirting, seismic restraints
or awnings is/are the responsibility of the Lessee unless the skirting was installed by Lessor.
At the Lessee's request, Lessor will perform this work at an additional cost.When installed by
Lessor, removal of these items or items of a similar nature will be performed by Lessor at
additional cost to Lessee.
• SITE CONDITIONS AND UTILITY CONNECTIONS: The Lessee must inform Lessor or any
adverse site conditions or access problems that might exist prior to return delivery.Lessee is
responsible for the disconnection of utilities prior to return of the Equipment.
• INSPECTION Lessor strongly suggests that the Lessee have personnel at the site upon
pick-up to sign for the Equipment. For an additional charge, an inspection can be performed
at your site(rather than at Lessor's inventory center)prior to the scheduled return.
• CLEANING/KEYS: Unless otherwise noted in the Lease Agreement, Lessorcharges a$125
cleaning fee per each piece of Equipment (except for containers, for which such charge is
$50). This deposit is refundable only if the Equipment is returned in a cleanliness condition
equal to or better than when it was originally shipped. If keys are not returned with the
Equipment, the Lessee will be assessed a re-keying charge. If Iccksets are altered and not
returned to their original condition, charges may be assessed.
• PRORATION: Lessor prorates rent in one-half(1/2) month increments only. Any Equipment
on rent beyond the 14th day of a billing cycle will be responsible for the full months rental
payment. Under no circumstances will any rental be for less than four(4)months.
Page 2 of 3
Additional Advisory Information for Lessee or Buyer,rev.315109
(viii) EQUIPMENT LOCATED IN FLORIDA In the case of Equipment located in the State of
Florida:
(i) RAMPS AND STEPS: Any Equipment consisting of ramps or steps will be tailored for a
typical 28" to 30" threshold height on a Type IIB (non-hybrid) or 34" to 36' on a type 5
commercial building. Special products can be ordered due to site conditions or local
codes, but are not accounted for in the list of charges included in the Agreement.
(1i) FIREWALL: Hybrid Campus Maker and Type 119 Side Stackable classrooms have a one-
hour firewall rating on the long side walls. Penetration of these walls may cause the
Equipment to lose its one-hour fire rating and the Equipment will not be code compliant.
(iii) WALL PENETRATION: Lessor allows for 2 penetrations In the top right rear wall above
the ceiling grid.Access to the panel box is already provided. Existing utility holes must be
used first. More than 2 penetrations will result in major repairs to the Equipment, and this
cost will be passed on to the Lessee.
(iv) GENERAL EQUIPMENT CARE: Please keep the carpets clean and free of stains.
Please do not penetrate or damage the exterior high rib aluminum panels or exterior trim.
Excessive damage will result in additional charges at the time of return.When backfilling
soil and concrete in the front of the Hybrid use a waterproof protective barrier to protect
the Equipment. Attaching steps and ramps directly to the doorjamb will result in an
inoperable door. If these items need to be attached, attach these items to the frame of
the Equipment.
Lessor/Seller sincerely hopes that by making you aware of the above procedures, you can minimize or
eliminate additional charges. At the same time, Lessor/Seller does not want Lessee/Buyer to be
surprised if Lessee/Buyer is assessed these charges. We value your business and hope you find this
information helpful.
Page 3 of 3
Additional Advisory Information for Lessee or Buyer,rev.3/5/09
.-a by Reference
The Supplemental Lease Terms and Conditions and Additional Advisory Information for Lessee-or-Buyer provisions are
hereby incorporated by reference In their entirety,as updated from time to time by Lessor, in its sole discretion,and can be
reviewed in the eCUStomer Services secton of the Lessor's web site at hlt p:/Avww.MObileModularRents.comlContradTerms.
The Lessee hereby confirms that he/she has reed in its entirety and understands the Supplemental Lease Terms and
Conditions and Adiditional Advisory Information.
Please initial above,sign below,and fax or email this document to the fax number
shown above or the email address you received the document from.
The parties hereto, MOBILE MODULAR MANAGEMENT CORPORATION, a California corporation,
as lessor(the"Lessor")and lessee("Lessee", as described above in the section titled
"Customer Information") hereby agree to this Lease Agreement and the terms and conditions
set forth in the Lease Terms and Conditions,attached hereto as Attachment A,which are
hereby incorporated by reference. The individual signing this Lease Agreement affirms that
he/she is duly authorized to execute and commit to this Lease Agreement for the above named
Lessee,
LESSOR: LESSEE:
Mobile Modular Management Corporation
By: By:
Name: Name:
Title: Title:
Date: Date:
ATTACHMENT A
LEASE TERMS AND CONDITIONS
1. LEASE. Lessor leases to Lessee,and Lessee leases from Lessor, the equipment listed on
any Lease Agreement hereto (the "Equipment") on the terms and condltlons set forth herein.
Each such Lease Agreement Can "Agreement') and the lease provisions on the Lessor's website
at [www.MoblleModularRents.com] (the "Incorporated Provisions, to the extent
Incorporated by reference into such Agreement, together with these Lease Term and Conditions
(the "Lease Agreement', to the extent incorporated by reference into such Agreement, shall
constitute a separate and independent lease (a 'Lease's of the Equipment listed in such
Agreement under "Product Information". Capitalized terms used but not defined in this Master
Lease Agreement shall have the meanings set forth in the applicable Agreement In the event of
a conflict between this Master Lease Agreement or the Incorporated Provisions and the
Agreement, the Agreement shall control.
2 LEASE TERM. The Lease shall commence on the Start Rent Date specified in the
Agreement (which may be adjusted by mutual agreement of Lessee and Lessor), and shall
continue thereafter for the number of months specified in the Agreement as the"Contract Term"
(the "Lease Term). Lessee is responsible for paying the Monthly Rent specified in the
Agreement (as such may be adjusted pursuant tD Sedion 4t for each month during the Lease
Term. Lessee shall have no right to terminate the Lease prior to the expiration of the Lease
Term; provided that, in the event that Lessee surrenders the Equipment to Lessor prior to the
completion of the Lease Term, the Lease Term shall cease upon the later to occur of(t)the date
when Lessee shall have complied with Sectipm and (ti) Lessee has paid to Lessor an early
Lease Tents and 0ond1tons,Rev 315109
termination fee to be determined by Lessor in its sole discretion. Lessor shall not be liable to
Lessee for any failure or delay in obtaining, delivering or setting up the Equipment In the event
Lessor Is responsible for delay in obtaining,delivering or setting up the Equipment,the Start Rent
Date shall be deemed to be revised to the date that Lessor substantially completes setting up the
Equipment. If any delay in obtaining, delivering or setting up the Equipment is caused by failure
of the site to be ready or for any other reason not solely the responsibility of Lessor, the Lease
shall commence as of the Start Rent Date originally stated notwithstanding such delay.
3. RETURN OF EQUIPMENT. Regardless of the stated Lease Term, Lessee must provide
a minimum of 30 days' prior notice for return delivery of Equipment (except that Equipment
consisting of containers requires only 10 days'notice). Please review the Incorporated Provisions
on the website at [http://www.MobileModularRents.coml for the conditions under which the
Equipment must be returned.
4. HOLDING OVER; LEASE EXTENSION. If Lessee (a) fails to notify Lessor of the
intended return of Equipment as required under Section 4(a) of the Incorporated Provisions, (b)
fails to prepare the Equipment for dismantle as required under Section 4(a) of the Incorporated
Provisions or (c) fails to pay the charges upon return as required under Section 4(b) of the
Incorporated Provisions,the Lease Term shall be extended, on a monthm-month basis, beyond
the Lease Term stated above. In this event, Lessor may establish a revised rental rate for such
extended Lease Term, which revised rental rate shall constitute the Monthly Rent for such
extended Lease Term following completion of the initial Lease Term. Dismantle, charges upon
return and other charges related to the return of the Equipment may also be revised by Lessor
for such extended Lease Term.
5. LESSEE AGREEMENTS. Lessee agrees that:
(a) Lessor may insert in the applicable Agreement the serial number and other identification
data relating to the Equipment when ascertained by Lessor; and
(b) Lessor (or its agents, employees or contractors) may, from time to time at any
reasonable time, enter upon the premises of Lessee for the purposes of (1) Inspecting the
Equipment or posting "Notices of Non-Responsibility" or similar notices thereon, or (2)
photographing the Equipment, including any items or occupants within or surrounding the
Equipment, for promotional or other purposes. If Lessor determines that repairs to the
Equipment are needed, Lessee shall grant access for said repairs. Lessor shall bear the expense
of any repairs that it determines are needed to ameliorate normal wear and tear; the expense of
all other repairs (including any repairs requested by Lessee) shall be borne by Lessee. If Lessee
does not grant access for such repairs between 8:00 a.m.and 5:00 p.m., Monday through Friday,
Lessee shall bear the cost of repair rates for labor at the applicable overtime rates.
6. SECURITY DEPOSIT. Upon the signing of any Agreement, Lessee shall provide to
Lessor the Security Deposit specified in such Agreement. The Security Deposit shall be held by
Lessor(who shall have no obligation to collect or pass through to Lessee any interest thereon) as
security for Lessee's faithful performance of the terms and conditions of the applicable Lease,
including without limitation Lessee's Indemnification obligations under Section 12, If an Event of
Default occurs, Lessor may apply the Security Deposit to payment of its costs, expenses and
attorney fees in enforcing the terms of the Lease and to indemnify Lessor against any costs,
expenses or damages sustained by Lessor In connection with the Lease (provided, however,
nothing herein contained shall be construed to mean that the recovery of damages by Lessor
shall be limited to the amount of the Security Deposit). In the event all or any portion of the
Security Deposit is applied as aforesaid, Lessee shall deposit additional amounts with Lessor so
that the Security Deposit shall always be maintained at the amount specified in the Agreement.
At the end of the Lease Term, Lessor shall apply any remaining balance of the Security Deposit
Lease Terms and Conditions,Rev 315109
to the payment of any monies owed to Lessor under the Lease. Thereafter, if no Event of
Default has occurred and is continuing and Lessee has complied with Se0on_3 Lessor shall
return to Lessee any remaining balance of the Security Deposit.
7. ASSIGNMENT.Lessee will not assign, convey, transfer, or hypothecate its interest, or
any part thereof, in and to any Lease or the Equipment, whether voluntarily or involuntarily,
without the prior written consent of Lessor; and any such attempted assignment, conveyance,
transfer, or hypothecation,whether voluntary or involuntary,shall be null and void,and upon any
such attempted assignment, conveyance, transfer, or hypothecation, Lessor may, at its option,
terminate the Lease. Lessor may,at its option and without the prior approval of Lessee,transfer,
convey, assign or hypothecate its interest or any part thereof, in and to the Lease. It is
understood and agreed by Lessee that Lessor may be acting as an agent for the true owner of
the Equipment (the "Principal'), and that such Principal, if any, shall have all the rights and
protection of Lessor hereunder,
a. PAYMENTS. Lessee agrees to pay to Lessor (at the office of Lessor or to such other
person or at such other place as Lessor may from time to time designate to Lessee in writing)
each payment specified herein on a net Invoice basis without demand by Lessor, All payments
due from Lessee pursuant to the terms of the Lease shall be made by Lessee without any
abatement or setoff of any kind whatsoever arising from any cause whatsoever. If any payment
is not received by Lessor within five (5) days from the date due, Lessee shall pay Lessor interest
at the rate of EIGHTEEN PERCENT (18%) per annum (or at the maximum rate permitted by
applicable law, if less)on such payment until received. In order to reimburse Lessor for resulting
administrative expenses, Lessee shall also pay a late charge of TWENTY-FIVE ($25.00) for each
delinquent payment each and every month that such payment(s) remain(s)delinquent.
9. TAXES AND LIENS. Lessee agrees to keep the Equipment free of all levies, liens or
encumbrances. Lessee shall, In the manner directed by Lessor, (a) make and file all declarations
and returns in connection with all charges, fees and taxes (local, state and federal) levied or
assessed either upon Lessee or Lessor, or upon the ownership, leasing, rental, sale, possession,
use, or operation of the Equipment, and (b) pay all such charges, fees and taxes. However,
Lessor shall pay all local, state or federal net income taxes relating to the Lease. If Lessee fails
to pay taxes and charges as required by this Section, Lessor shall have the right, but not the
obligation, to make such payments. In the event that Lessor makes any such payments, Lessee
shall reimburse Lessor for such costs as deemed appropriate by Lessor and as invoiced by Lessor,
10. LOSS OR DAMAGE. Until the Equipment is returned to Lessor, Lessee assumes all risk
of loss or damage to the Equipment. Subject to Secdon 12(b). should any Equipment damaged
be capable of repair, the Lease shall not terminate, but Lessee shall cause the Equipment to be
repaired and restored to its condition existing prior to such damage, at Lessee's sole expense.
Lessee shall be entitled to the benefit of the proceeds from any insurance recovery received by
Lessor, up to an amount equal to that paid to Lessor pursuant to this paragraph.
11. INSURANCE.
(a) Lessee shall provide, maintain, and pay all premiums for insurance covering the loss,
theft, destruction, or damage to the Equipment in an amount not less than the full replacement
value thereof, naming Lessor as loss payee of the proceeds. Lessee shall also provide, maintain,
and pay all premiums for public liability Insurance (minimum of $1,000,000 per occurrence),
naming Lessor as an additional insured. All insurance shall be in a form and with a company
satisfactory to Lessor, and shall not be subject to cancellation without thirty-(30) day's prior
written notice to Lessor. Lessee shall deliver to Lessor insurance policies, or evidence of
insurance related thereto, meeting the above requirements. Proceeds of such insurance shall, at
Lessor's option, be applied either towards replacement, restoration or repair of the Equipment or
Lease Temps and Conditions,Rev 315109
towards payment of Lessee's obligations under the Lease. Lessor may require Lessee's insurance
carrier to be licensed to do business in the state where the Equipment is being leased.
(b) Should Lessee fail to provide satisfactory proof of Insurance prior to delivery of
Equipment or at any time during the Lease Term, Lessor shall have the right, but not the
obligation, to obtain such insurance and/or make such payments. In the event that Lessor
makes such payment(s), Lessee shall reimburse Lessor for such insurance as deemed appropriate
by Lessor and as invoiced by Lessor. In any event, Lessor will not and does not provide insurance
for any of Lessee's personal property that may be in or on any Equipment.
12 WAIVER AND INDEMNIFICATION
(a) Lessee hereby waives and releases all claims against Lessor for (I) loss of or damage to
all property, goods, wares and merchandise in, upon or about the Equipment, (ii) injuries to
Lessee, Lessee's agents and third persons, and (iii) the use, misuse, or malfunction of any
security screens provided with the Equipment, in each case, irrespective of the cause of such
loss, damage or injury. Under no circumstances shall Lessor be liable to Lessee for any special,
Incidental or consequential damages of any kind(Including, but not limited to damages for loss of
use, or profit, by Lessee or for any collateral damages), whether or not caused by Lessor's
negligence or delay, resulting from the Lease or the manufacture, delivery, installation, removal
or use of the Equipment, or in connection with the services rendered by Lessor hereunder, even
if the Lessee has been advised of the possibility of such damages.
(b) Lessee agrees to indemnify and hold harmless Lessor from and against any and all
losses, liabilities, costs, expenses (including attorney fees), claims, actions, demands, fines,
forfeitures, seizures or penalties (collectively, 'Claims ) arising out of (i) the maintenance,
possession or use of the Equipment by Lessee, its employees, agents or any person invited,
suffered or permitted by Lessee to use or be in, on or about the Equipment, including to the
extent arising from Lessor's negligence, (ii) Lessee's failure to comply with any of the terms of
the Lease(including without limitation Sections 5(a)(ii)and 5(f)(1)of the Incorporated Provisions,
and Sections 6, 14 and 15 hereto), and (Iii) any theft or destruction of, or damage to, the
Equipment. If the foregoing obligations are not enforceable against Lessee under applicable law,
Lessee agrees to indemnify and hold harmless Lessor from and against any and all Claims to the
maximum extent permitted by applicable law. Lessee shall make all payments due under this
Section upon demand by Lessor.
13. EVENTS OF DEFAULT.
(a) Each of the following shall constitute an "Event of Default": (1) default by Lessee in
making any required payment to Lessor and the continuance of such default for ten (10)
consecutive days; (Z) any default or breach by Lessee of Section 7 (3)default by Lessee In the
performance of any obligation, covenant or liability contained In the Lease or any other
agreement or document with Lessor and the continuance of such default for ten (10) days after
written notice, thereof by Lessor to Lessee; (4) any warranty, representation or statement made
or furnished to Lessor by or on behalf of Lessee proves to have been false in any material respect
when made or furnished; (5) loss, theft, damage, destruction or the attempted sale or
encumbrance by Lessee of any of the Equipment, or any levy, seizure or attachment thereof or
thereon; or (6) Lessee's dissolution, termination of existence, discontinuance of business,
insolvency, or business failure; or the appointment of a receiver of any part of, the assignment
for the benefit of creditors by, or the commencement of any proceedings under any bankruptcy,
reorganization or arrangement laws by or against, Lessee, Lessee acknowledges that any Event
of Default will substantially impair the lease value hereof.
(b) REMEDIES OF LESSOR: Upon the occurrence of any Event of Default and any time
thereafter, Lessor may, without notce, exercise one or more of the following remedies, as
Lessor, in its sole discretion shall elect: (1)declare all unpaid lease payments under the Lease to
Lease Terms and conditions,Rev 315/09
be immediately due and payable; (z) terminate the Lease as to any or all items of the
Equipment; (3) take possession of the Equipment wherever found, and for this purpose enter
upon any premises of Lessee and remove the Equipment, without any liability for suit, action or
other proceedings by Lessee; (4)direct Lessee at its expense to promptly prepare the Equipment
for pickup by Lessor; (5)use, hold, sell,lease or otherwise dispose of the Equipment or any item
thereof on the site specified on the applicable Agreement or any other location without affecting
the obligations of Lessee as provided in the Lease; (6) sell or lease the Equipment or any part
thereof by public or private sale or lease at such time or times and upon such terms as Lessor
may determine, free and dear of any rights of Lessee (If notice of sale is required by law, notice
In writing not less than ten (10) days prior to the date thereof shall constitute reasonable notice
to Lessee); (7) proceed by appropriate action either in law or in equity to enforce performance by
Lessee of the terms of the Lease or to recover damages for the breach hereof; (8) apply the
Security Deposit to payment of Lessor's costs, expenses and attorney fees in enforcing the terms
of the Lease and to indemnify Lessor against any damages sustained by Lessor (provided,
however, nothing herein shall be construed to mean that the recovery of damages by Lessor shall
be limited to the amount of the Security Deposit); (9) exercise any and all rights accruing to
Lessor under any applicable law upon an Event of Default. In addition, Lessor shall be entitled to
recover immediately as damages, and not as a penalty, a sum equal to the aggregate of the
following: U all unpaid payments as are due and payable for any items of Equipment up to the
date of repossession by Lessor; (i) any expenses paid or incurred by Lessor in connection with
the repossession, holding, repair and subsequent sale, lease or other disposition of the
Equipment, Including attorney's fees and other reasonable costs and expenses; (ii) an amount
equal to the excess of(a) all unpaid payments for any item of Equipment repossessed by Lessor
from the date thereof to the end of the term of the Lease over (b)the fair market lease value of
such item or Items of Equipment for such unexpired lease period(provided however,that the fair
market lease value shall be deemed to not exceed the proceeds of any sale of the Equipment or
lease thereof by Lessor for a period substantially similar to the unexpired lease period); and (iv)
the replacement cost of any item of Equipment which Lessee fails to prepare for return to Lessor
as provided above or converts or is destroyed,or which Lessor is unable to repossess.
14. OWNERSHIP AND MARKING OF EQUIPMENT. Title to the Equipment shall remain
in Lessor (or its Principal). Excepting only as may be granted in a separate writing signed by
Lessor, no option or other right to purchase the Equipment is granted or implied by the Lease to
Lessee or any other person. The Equipment shall remain and be deemed to be personal property
of Lessor, whether attached to realty or not, and upon termination of the Lease or the
occurrence of an Event of Default; Lessee shall have the duty and Lessor shall have the right to
remove the Equipment whether or not affixed to any realty or building without any liability to
Lessor for damage to the realty or building caused by the removal of the Equipment. Any
replacement, substitutes, accessories or parts, whether placed in or upon the Equipment or not,
whether made a component part thereof or not, shall be the property of Lessor and shall be
included under the terms of the Lease.
15. COMPLIANCE WITH LAW. Lessee assumes all responsibility for any and all licenses,
clearances, permits and other certificates as may be required for Lessees lawful operation, use,
possession and occupancy of the Equipment. Lessee agrees to fully comply with all laws, rules,
regulations and orders of all local, state and federal governmental authorities which in any way
relate to the Equipment. Lessee shall pay the cost of all license and registration fees and
renewals thereof,
16. GOVERNING LAW, Lessee and Lessor agree that the Lease shall be governed in all
respects by, and Interpreted in accordance with the laws of, the State of California, without
regard to its conflicts of laws provisions.
Leese Terms and Conditions,Rev 3/SM9
17. IURISDIGTION.
(a) In any case where the Equipment is located in the State of Maryland or the State of
Virginia, it is agreed that the venue for a legal action relating to the Lease shall be proper if
brought in Alameda County, State of California. Subject to 5 rtion 12 the prevailing party shall
be entitled to recover reasonable attorneys' fees and court costs, whether or not the action
proceeds to judgment.
(b) In all other cases, the Federal District Courts located within the State of California shall
have non-exclusive jurisdiction over any lawsuit brought by Lessee or Lessor as a result of any
dispute regarding matters arising in connection with the Lease. Further, it is agreed that the
venue for a legal action relating to the Lease shall be proper if brought in Alameda County,State
of California. Subject to Section 12, the prevailing party shall be entitled to recover reasonable
attorneys'fees and court costs, whether or not the action proceeds to judgment
18. MEDIATION;ARBITRATION.Lessee agrees to abide by Lessor's option (if Lessor shall
so choose) to have any claims, disputes, or controversies arising out of or in relation to the
performance, interpretation,application, or enforcement of the Lease, including but not limited to
breach thereof, referred to mediation before, and as a condition precedent to, the initiation of
any adjudicative action or proceeding, including arbitration. If mediation fails to resolve the
claims, disputes or controversies between Lessor and Lessee, Lessee agrees to abide by Lessor's
option (if Lessor shall so choose) to have the claims,disputes or controversies referred to binding
arbitration. The parties hereto acknowledge that the subject matter of the Lease Is a matter of
interstate commerce.
19. HAZARDOUS MATERIALS. Lessee agrees that no water, paint or chemicals, and no
illegal, hazardous, controlled, toxic, explosive, flammable, restricted, contaminated or other
dangerous materials,shall be maintained or stared in or on the Equipment
20. MISCELLANEOUS. Time is of the essence of each and every provision of the Lease.
Failure of Lessor to enforce any term or condition of the Lease shall not constitute a waiver of
subsequent defaults by Lessee, nor shall it, in any manner, affect the rights of Lessor to enforce
any of the provisions hereunder. The invalidity or unenforceability, of any provision of the Lease
shall not affect the validity or enforceability of any other provision.
21. ENTIRE AGREEMENT.The Lease constitutes the entire agreement between Lessor and
Lessee with respect to the subject matter hereof and, except for the Incorporated Provisions that
may be updated by Lessor from time to time In its sole discretion, may not be amended, altered
or modified except by a writing signed by both Lessor and Lessee.
Lease Terms and Conditions,Rev 315109
r
PERSONAL GUARANTY
ADDENDUM TO M08ILE MODULAR MANAGEMENT CORPORATION AGREEMENT:
The undersigned,jointly and severally,guarantee performance of the above Lease or Sale Agreement by
Lessee/Buyer and payment of all sums due thereunder in event of default,hereby waiving any modification,
amendment or extension and notice thereof.
FOR: FOR:
uyer Nam)eaeae uyer ame
(Guarantor's gna wa 8 ure
m am nn ame
n e nn
m me ra.) m ma nns
(Pmnl H.m one Nu.ba ML ft r
ae ue
Rev.3/5/09
Lease Tenns and Conditions.Rev 31519
Verdemont Specific
Infrastructure
Master Plan
City of San Bernardino, 5th Ward
Proposed by Hank Mitchell and Larry Heasley
September 2008
!71 Entered Into Rec. at MCC/CDC Mtg:
by:
Agenda Rem No: i
by, ( /,_.
Cite/ CIerVCDC Secretary
City of San Bernardino
VERDEMONT SPECIFIC INFRASTRUCTURE
MASTER PLAN
20 TO 25 YEAR BUILD OUT @ 100-1000 YEAR FLOOD
NONPOLITICAL DESIGN
1) TRAFFIC PLAN
STREET LAYOUT AND REQUIREMENTS
A- Consistent in direction and now capacity.
B- Minimize impact on traffic flow by intersection design and traffic
control/calming devices.
C- High traffic volumes require roads built now to be as the minimum to
meet the projected 10 year build-out.
D-Road structural sections to be constructed strong enough to handle
future traffic volume and load type.
E- Right of Ways acquired initially for ultimate build-out of future streets
and boulevards needs to meet the projected 25 year traffic volumes.
F- New home construction will be built on dedicated city designed roads
1-includes on site remote location
2-Will have completed city designed dedicated streets to on site location
for Certificate of Occupancy.
3- Builder responsibility
a- See infrastructure fees and funding
1- Section 9
2) DRAINAGE AND FLOOD CONTROL PROGRAM
A- Storm capabilities shall be 25 year onsite, 100 year off-site hydraulic
designs for all roadways except for arterials and escape routes which
shall meet or exceed 1000 year storm design.
B- Developments shall be required to build drainage system based on
complete build-out of all areas upstream, run-off volumes as well as the
onsite precipitation.All projects shall have completion of drainage
infrastructure before permit for occupancy is granted.
3) SPECIFIC AREAS OF CONCERN:
i-MEYERS FLOOD ZONE
A- Top of Meyers Canyon to Cable Creek
1- includes drainage from Martin Ranch mesa across to the
alluvial plain at top of Magnolia at a point ''/a mile east of
existing SBWD Water Tank, all inclusive and the streets
and real estate crossings by this flood zone.
2-includes consideration of drainage impact from 9 canyons
above#1 area of impact as well.
3-Improve flow of Meyers Creek Channel to Cable Creek
channel.
a-Reference current CH' designation already given by
City council for Meyers Creek improvement
4- Martin Ranch mesa flow to lower infrastructures not in
place at time of this writing
5-Meyers Road Mesa flow to lower infrastructure not now in
place at time of this writing
6-All existing primitive roads, primitive stream crossings, and
inadequate or non existing culverts on both Meyers Road
and Martin Ranch mesas
7-New drainage systems from both mesas and new roads to be
in place to control large volumes of run-off from these steep
hillside developments.
B-Impacts on existing homes and ranches, where pervious soils have
handled the run-off,will now be overly impacted and vulnerable to
heavy run-off due to new large areas of impervious surfaces.
1- Property damage
2-Live stock
3-Life styles
2-MAGNOLIA DRAINAGE
A-from a point 3/8 mile above the current terminus of Magnolia Ave to
the confluence of Cable Creek and the foot of Magnolia
Ave.
B-Undersized pipe(about 30 inch and always half submerged at the
terminus in Cable Creek Channel.)
4) ZONING CONFIGURATION
A) Overall plan to maintain rural RE-1 zoning concept on the Meyers Road
mesa and Martin Ranch area, yet mingle the smaller lot configurations in
the flat areas, minimums being 10,800 sq. Ft lot size with a minimum 7200
sq. ft. building pad.
B) That hillside development is ruled by the 15% slope rules and all hillside
development infrastructures are in place at and below projects before or at
time of completion to be developed.
Q That all HMOD requirements be met and buffer zones be maintained
1- No lot or parcel inclusions to HMODs
5) SAFETY NEEDS
A)All fire and emergency services are considered in design of streets and
zoning, in order to assure proper service and response times and
evacuations can and will be expedited by said designs.
1- Attachment 4
B)No meandering main thorough fares.
C)Not broken up by "dog-legging".
D) Main Routes to be straight across foothills
1- From Little League Dr. To Pine Ave
a. Verdemont Ave
b. Ohio Ave.
c. Belmont Ave.
d. Rolling Hills Blvd. (future)
1-Palm to DeBent rd. (four lanes)
2- From Wendy Ranch road to new westerly entrance to Meyers road
mesa (route to Devore)
a- Meyers road
E)All arterials and cross hill boulevards are large and complete enough to
handle any and all emergency traffic.
1- Meyers Road 3 lane, with 2-way turn lane and shoulders for parking or;
4 lanes and full shoulders for parking
2- Ohio Ave. =2 lane with parking lanes both sides
3- Verdemont Ave. =3 lane, with 2-way turn lane and shoulders for
parking
4- Rolling Hills Blvd=four lanes minimum with shoulders for parking.
F) Developers shall build 50% of ultimate road width or entire width if the
roadway ultimate is to be a two-lane section. This does not include the
sidewalks and other features opposite the project site.
G) Helicopter-Pad landing Zone(LZ)
1- Due to remoteness of area, this is a necessary requirement
2- Can be designed within a Recreational Park parking lot
a- see Section 8 Part I of this proposal
H)Wind events of 120 mph have been recorded
1-Structural designs should incorporate building designs above
these recorded levels.
1) Rain events of up to 7 inches in 1 hour have been recorded
1-2003/2004
J) Fire events have caused major damage to the area many times in the recent
past.
1-Panorama Fire
2- Old Fire
3- Martin Fire
K) Structures, roads, streets, hydrology, must be designed to resist all events
listed in parts# H.,I.,J., using best methods available for this area.
L)Meyers Road, (existing)
1- Should be Cul-de-Sac from Little League dr. to a point westerly of
address 3793, terminating at a point,just before Wendy Ranch Road
(Historical), culminating in a "box—lock" system for emergency use
only.
a-Below this point, Meyers road is too narrow to handle
everyday traffic of the future 10 year build out, and even less
able to handle the 25 year build out.
2- This requires two new entrances to the Meyers road Mesa, one being
possibly from Little League drive from a point very near Cable Creek
Bridge and connecting to Meyers Road at a point now designated as
Wendy Ranch Road: and the second route , possibly thru a canyon
approximately 2400 feet west of Martin Ranch Road, or near the
end of Meyers Road, running north west across to the upper end of
the old KOA camp.
a-This would spread the routes far enough apart to make
emergency evacuations and services be of a tactical nature as
well as day to day use for residents.
6) WATER AND SEWER AND OTHER UTILITIES
A) The water department appears to have a "Verdemont Infrastructure
Improvement Plan" in process.
B) Planned improvements roust be under construction before more development
is permitted. This shall include storage tanks in place to avoid reliance on
"booster" or any other designation of types of pumps to meet fire fighting
needs.
C)There must be a constant minimum pressure(measured with "open"
hydrants, NOT static pressure) to all homes current and future for hillside
development, and must be constantly available for all existing homes/
hydrants etc, before any more projects can be built, thereby causing more
reduction in pressure than exists currently.
C) Measure a minimum pressure of 40 psi. (Fire Department Requirements?)
with all hydrants open before build starts and to maintained at 40 psi. (Fire
Department Requirements?) with all hydrants open at that minimum
pressure afterward.
D) Existing,established homes on wells and septic tank systems should have
option available to decide whether or not, to connect up to new sewer and
water lines when they become available.
1-Water quality in wells is very high
2-Cost may be prohibitive to existing house-holds to connect to city
services
3- Determining factors may be that city proves public nuisance of septic
tanks (area has excellent leeching ability), or new development has
caused contamination of ground water.
a-If new development caused the need to connect to services,the
city must share the majority cost for the existing home owner
to connect to city water/sewer.
1- City may recover costs thru infrastructure fees paid by developer.
7) COMMERCIAL ZONING AND LAYOUT
A) Set maximum commercial areas and set strict requirements as to types of
acceptable commercial development.
B) Configure freeway and commercial development concurrently and
compatibly.
C) Commercial development must not infringe on the rural nature of
Verdemont.
1- All development should enhance rural and historical nature of
Verdemont community
8) PARKS AND RECREATION REQUIREMENTS
A) Locate future parks, trails (as noted in "Verdemont Hiking Trails Project",
as certified by City Council and listed in Developer Requirements under
CINPRO-07), both historic and notable resources in area for preservation
and incorporation into zoning.
B)Establish types of play grounds and minimum equipment required.
C)Establish minimums for services in parks based on size and locations
1. Restrooms, water service, trails and interconnect, off street
parking, etc.
D) Establish types of competition fields, Baseball, Soccer, Handball, Tennis,
Volleyball, Sandlot etc.
E)Locate community center/recreation center sites.
F)Research and establish locations of, and set aside for preservation, historical
sites, persons, families or other groups.
G) Document history of previous residents and activities in the Verdemont area
for possible inclusion in naming of Streets, trails, parks or other
infrastructure on public land. .
H) List notable flora and fauna, especially the endangered species of the area
I) "Emergency Services Requirement"=locate a large park on mesa, use
parking lot for"Emergency Helicopter-Pad LZ"
a- Parking lot to have assigned LZ marking
b- Park should be close to forest boundary as well as accessible to main
arterial roads
c- See Section 5, Part G
9) INFRASTRUCTURE FEES
A- See Attachment#3
B- Roads See Section 1 part F
1- Roads built across several parcels to remote home sites by an
individual builder (X), must be able to recover his costs from
subsequent builders (Y's)on parcels previously affected, to
access (X) property.
2- Builder X can hold a lien upon Y's parcels for costs to build road
(costs adjusted to current date of builder y intentions to develop
his land),to be collected by city and reimbursed immediately to
builder X upon receiving infrastructure fees from builder Y.
3- Or City may build road and collect fees for road from each
parcel when each of said parcels are applying for permits to
build or develop their parcels.
10-EIR REQUIREMENTS
A- Due to proximity of forestry, rural agronomy, and wind, rain and
fire events, etc, this area must be kept to an unsaturated condition
of growth.
1- There by justifying limited but intelligent growth
a-Refer to Zoning
2-Manageable containment of the "before mentioned events"
3- Long term considerations of neighborhood aging
4-Existing community acceptance of new growth
5- Ability to enforce code enforcement for "before mentioned
events"
6- Strict enforcement of proper Flora and Fauna that will be
brought in by developers and home owners.
a- Fire resistant preferable
b- Not native but acceptable
c- Conducive to soil retention and rehabilitation
7-City monitored CC and Rs for"before mentioned events".
Attachments for Reference:
1) Power point Meyers Creek collection and drainage
system.
2) PPT of Magnolia Ave Drainage
3) Legal background regarding infrastructure fees
4) Fire Department Requirements.
Attachment 3, Verdemont Specific Infrastructure Plan
Infrastructure fees to be collected and spent in the Verdemont specific
master plan area. (Source: htto://www.revenuecost.com/articles/Impact Fees-
Practical Guide.odf)
Legal Framework
Several states have passed statewide legislation that affects the ability of public agencies
to levy impact fees. The following are some of the most noteworthy.
California.
AB 1600 (Cortese),which became effective on January 1, 1989, regulates the way that
impact fees are imposed on development projects. The agency imposing the fee must(1)
Identify the purpose of the fee; (2)identify the use to which the fee is to be put, including
-4 -
identifying the public facilities to be financed; (3) show a reasonable relationship(nexus)
between the fee's use and the type of development project; (4)show the reasonable
relationship between the public facility to be constructed and the type of development;
and(5)account for and spend the fees collected only for the purposes and projects
specifically used in calculating the fee.
Information Needed to Calculate Impact Fees
Before beginning the impact-fee calculation process, there are information sources that
must exist or be generated. The essential data consists of reliable information on what the
community will look like in the future (20 or more years)or at theoretical build-out.
The list of projects to be financed with impact fees should be derived from the following
information sources:
•General plans or comprehensive plans, including updates.
•Zoning maps.
•Master plans.
•Master facilities plans.
• Capital improvement plans.
Planning statistics on the future population, ultimate land use, undeveloped parcels, and
sizes of parcels will be used to determine the amount of growth to be anticipated.
Existing land-use and zoning data will provide a basis for evaluating the current situation.
Master facilities plans that address the methods of providing service to future residents
will provide the foundation for constructing a capital improvement plan (CIP). The
master facility plan should ideally extend to the ultimate build-out condition of the
community.
Each project included in the CIP should be clearly identified by a descriptive title or
supplemental description. The projects should contain a cost estimate, schedule, and
location. An allocation of the relative benefit between existing users and future users
should also be prepared for each project.
Attachment 3, Verdemont Specific Infrastructure Plan
Rights of Developers
The developers, and ultimately the end users, have certain rights regarding the
development of impact fees.
Developers have the right to know what they are paying for. Impact fees are a significant
portion of the cost of developing both residential (Lurz et al. 1990)and commercial
properties. An Orange County, California, survey(Lurz and McLeister 1990)found at
least three cities where impact fees can exceed$20,000 per dwelling.
A San Francisco Superior Court recently affirmed that city's right to impose $3,100,000
in transit-impact development fees on a local developer of an office building(Rauber
1990). The agency imposing the impact fees should be prepared to be specific about the
projects for which the fees are to be used.
Developers have the right to equal treatment. One of the comments expressed by
developers is the concern that they be treated equally(Hinkelman 1987). In communities
without impact fees, developers are often at the mercy of the local agency for off-site
improvements to mitigate the impact of development. An important feature of a system of
well-defined impact fee charges is the knowledge that all developers,big and small,will
be treated equitably. As Atlanta developer Bob Kern said, "If my development is going to
put 500 additional cars per day on(an arterial street), then I would be willing to pay a pro
rata share with other developers whose projects are going to put 10,000 cars per day on
that artery" (Mnkelman 1987). Jack Sorenson, past president of the Home Builders
Association of Greater Chicago, said, "Builders are the first to acknowledge the need for
proper transportation, sewers, water lines and so forth. What builders want . . . are fees
that are fair" (Adams 1989).
�.. Developers have a right to know that the projects for which they have paid impact fees
will be built. In the state of California, local agencies are required to maintain suitable
fund accounting to assure that impact fees are used for the uses intended. Raymond
Brown of BelleMeade Development Corporation in New Jersey said, "Developers can be
placated by the knowledge that any fees or services collected will go to benefit their
projects and not to be siphoned off to aid some other area or agency" (Stepanek 1990).
Developers have the right to support impact fees. According to Linda Presez, impact fee
coordinator for Palm Beach County, Florida, "'Some of the largest developers in Palm
-7-
Beach County are strong supporters of the impact fee because they recognize that it is a
way to maintain the quality of life,'and as such enhance the value of their property
investment" (Stepanek 1990).
Developers have the right to pay for improvements that will benefit their development.
Developers also have the right to expect that their payments will not be diverted to
finance improvements not related to growth.
Types of Facilities That Can Be Financed by Impact Fees
The writers have identified at least 22 categories of facilities that can be financed by
impact fees but have not used all of the types listed in practice. They are offered as a
potential list for the benefit of the readers.
There is no doubt that creative public officials could devise others,but they would likely
be permutations of those presented as follows in no particular order. The writers'
�... preferred units of impact are also included.
Attachment 3, Verdemont Specific Infrastructure Plan
• Streets and thoroughfare facilities --traffic generation rates.
�.. •Traffic control facilities--traffic generation rates.
•Bridges--traffic generation rates.
• Storm drainage facilities--runoff coefficient/impervious area.
•Utility undergrounding--number of meters/service connections.
• Street lighting--traffic generation rates.
• Street trees and median landscaping-- traffic generation rates.
•Parks and recreation facilities --population.
•Other Public facilities(city hall,civic center)—acreage.
•Law enforcement facilities, equipment, and training--responses.
•Fire protection facilities, equipment, and training-- incidents.
• Solid-waste collection equipment-- waste generation rates.
• Solid-waste disposal facilities --waste generation rates.
•Low-and moderate-income housing-- local agency policy.
•Historical preservation and cultural facilities --population.
•Harbors, ports, and airports--modal transportation generated.
•Public art,museums, and cultural resources --population.
•Mass transit facilities and equipment--traffic generation rates.
•Day-care facilities-- square footage of commercial/industrial.
•Water treatment and distribution facilities -- usage.
•Wastewater collection and treatment facilities --usage.
•Reclaimed water treatment and distribution facilities--usage.
•Electric generation and distribution facilities-- usage.
Financing Operational Costs
Impact fees collected and simply deposited into the general fund or used for operations
are questionable. Impact fees that are not tied to a capital improvement plan or capital
projects list or to a master facility plan may not be valid.
Monies Not Used For Stated Purposes
Impact fees that are collected for one purpose(e.g.,traffic signals) should not be used for
another purpose(e.g., water treatment and distribution). Monies collected for different
types of impact fees should be deposited in separate accounts. When the monies are
needed they should be transferred into the appropriate capital account.
Impact-Fee Calculations Must Be Reproducible
The method of calculating impact fees should be capable of being reconstructed. If the
recalculation of the fee cannot reproduce the original fee,the calculation method may be
flawed.
Implementation Considerations
The path to adoption of impact fees is often labyrinthine and strewn with the corpses of
well- intentioned public servants.
Accountability.
Once the impact fees have been implemented, there is a need to provide accurate
Attachment 3, Verdemont Specific Infrastructure Plan
accounting or tracking of the fees collected and the use of those fees. California's AB
1600 requires fees to be expended, or committed, within five years of their collection.
Since the law is barely two years old, no one can predict how the courts will react to
challenges about violation of the five year limit. Even without a statutory requirement to
expend the impact fees on growth-related projects, it would be prudent to be able to
show developers that their money was spent on growth-related projects.
References
Adams,E. (1989). "Learn to live with infrastructure costs."Professional Builder, 54(16),
32.
Black's Law Dictionary. (1968). Revised 4th Ed., West Publishing Co., St. Paul,Minn.
Bogard,A. (1990). "Impact fees in a small Texas city." Government Finance Rev., 5(3),
15.
Brown, G. M. (1988). "Impact fees: Private financing of public facilities."Pennsylvanian,
27(12), 8.
Hinkelman,M. (1987). "Good, reasonable extortion." Business Atlanta,June, 86.
Lurz, W. H. (1989). The politics of anti-growth hit the Midwest: In the Chicago suburbs,
builders face anti-growth measures in two counties--and the Implications may be
national." Prof. Builder, 54(2), 26.
Lurz,W.,Brady, S.,Heinly,D. (1990). "Let America build."Prof. Builder and
Remodeler, 55(17), 88.
Lurz, W., and McLeister,D. (1990). "Infrastructure: Who should pay?"Prof. Builder,
55(7), 112.
Rauber,C. (1990). "Levi Plaza owner must pay transit fee." San Francisco Business
Times, 5(11),Nov. 9, 8.
Recht,J. R. (1988). 'Rose bushes have thorns." Devel. Impact Fees,A. C. Nelson ed.,
Planners Press, Chicago, Ill., 380.
Stepanek, S. (1990). 'Paving the road for development: Heightened regulation ties
projects to infrastructure improvements." Buildings, 84(9), 118.
Attachment 4, Verdemont Specific Infrastructure Plan
San Bernardino City Fire Department Areas of concern as provided by Fire Marshall
Doug Dupree
The following are our general areas of concern for foothill projects:
• Fuel Modification zones based on fire modeling
• Approved Fire Protection Plan
• Access roadways meeting specific width and grade requirements (limitations on
dead-end cul-de-sacs)
• Strict construction requirements
• Readily available water supplies
• Two means of access/egress
• Annual vegetation management
• Minimum distances between structures
• Fire hazard Disclosure to new and future homeowners
Thanks for your work on this.
Let me know when you need some subsections to these "general requirements".