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2014-039
1 RESOLUTION NO, 2014-39 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION, 3 ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, 4 APPROVING TENTATIVE TRACT MAP NO. 18829 AND CONDITIONAL USE PERMIT NO. 11-13, AND APPROVING AND AUTHORIZING EXECUTION OF 5 DEVELOPMENT AGREEMENT NO. 12-02 FOR WATERMAN GARDENS. 6 SECTION 1. RECITALS 7 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the City's General Plan by Resolution No. 2005-362 on November 1, 2005; and 8 WHEREAS, the Housing Authority of the County of San Bernardino on August 1, 9 2011 submitted applications for the redevelopment of the existing Waterman Gardens Public 10 Housing Project by applying for Tentative Tract Map No. 18829 (Subdivision 11-03) and 11 Conditional Use Permit No. 11-13 and later applying for Development Agreement No. 12-02 on March 7, 2012 ("Project Approvals"); and 12 WHEREAS, the redevelopment of Waterman Gardens includes replacement of the 13 existing 252 housing units with a total of 411 units, including 325 affordable units (73 units 14 affordable to seniors) and 86 market-rate units, and associated community facilities and open space amenities ("Project"), as further described in the staff report prepared for the February 15 18, 2014 meeting of the Mayor and Common Council ("Staff Report"); and 16 WHEREAS, on March 14, 2013, the Development/Environmental Review Committee 17 (D/ERC) reviewed plans for the Project and recommended that a Notice of Intent to Adopt a Mitigated Negative Declaration be released for public review; and 18 WHEREAS, the Draft Mitigated Negative Declaration was circulated for public 19 review for a 30-day period from March 21, 2013 to April 19, 2013; and 20 WHEREAS, the Final Mitigated Negative Declaration, which is attached to the Staff 21 Report as Attachment E and incorporated herein by this reference, includes the comments received on the Draft Mitigated Negative Declaration and the responses to those comments; 22 and 23 WHEREAS, although the Final Mitigated Negative Declaration identified potentially 24 significant adverse environmental effects that could result if the Project were implemented, all significant adverse environmental effects will be avoided or mitigated by the implementation 25 of the mitigation measures as set forth in the Mitigation Monitoring/Reporting Program 26 attached to the Staff Report as Attachment D and incorporated herein by this reference; and 27 WHEREAS, on July 17, 2013, the Planning Commission of the City of San 28 Bernardino held a duly and properly noticed public hearing on the Project to consider written 1 2014-39 1 and oral comments on the Project Approvals, the Final Mitigated Negative Declaration, and the Mitigation Monitoring/Reporting Program, which hearing was subsequently continued to 2 December 11, 2013; and 3 WHEREAS, the Planning Commission, after receiving public testimony, by a vote of 4 7-1, recommended on December 11, 2013 that the Mayor and Common Council adopt the Final Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program and 5 approve Tentative Tract Map No. 18829 (Subdivision 11-03), Conditional Use Permit No. 11- 6 13, and Development Agreement No. 12-02, subject to Conditions of Approval, and based on 7 the Findings of Fact contained in the Planning Commission staff report; and 8 WHEREAS, the Mayor and Common Council conducted a duly and properly noticed public hearing on February 18, 2014, and fully reviewed and considered the Final Mitigated 9 Negative Declaration; the Mitigation Monitoring/Reporting Program; the proposed Project 10 Approvals; the Staff Report containing Findings of Fact, Conditions of Approval, 11 Attachments, and Exhibits; and the recommendation of the Planning Commission with respect to the Final Mitigated Negative Declaration, the Mitigation Monitoring/Reporting Program, 12 and the Project A pp rovals (collectively the "Su pp ortin g Documents"), which are hereby 13 incorporated by reference in this Resolution; and, together with the Recitals and any public 14 testimony received, form the evidentiary basis and establish the analytical route for reaching the ultimate findings and conclusions contained in this resolution. 15 16 NOW, THEREFORE, BE IT RESOLVED, THE MAYOR AND COMMON 17 COUNCIL HEREBY RESOLVE, FIND, AND DETERMINE THE FOLLOWING: 18 SECTION 2. MITIGATED NEGATIVE DECLARATION 19 A. The facts and information contained in the above Recitals and Supporting 20 Documents are true and correct and are incorporated herein by this reference. 21 B. The Mayor and Common Council have considered the proposed Final Mitigated Negative Declaration together with any comments received during the public review process. 22 C. The Final Mitigated Negative Declaration reflects the City's independent review, 23 analysis and judgment. The Mayor and Common Council hereby adopt the Final Mitigated 24 Negative Declaration, finding, on the basis of the whole record before them, including the 25 Initial Study, any comments received, and the Mitigation Monitoring/Reporting Program, that there is no substantial evidence that the Project will have a significant effect on the 26 environment. 27 D. All potentially significant adverse environmental effects will be avoided or 28 mitigated by the implementation of the mitigation measures set forth in the Mitigation 2 2014-39 1 Monitoring/Reporting Program. The Mayor and Common Council hereby adopt the Mitigation Monitoring/Reporting Program. 2 E. The location and custodian of the documents that constitute the record of 3 proceedings on which the City's action is based are: Community Development Director, 4 Community Development Department, San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, CA 92418. 5 F. The adoption of the Final Mitigated Negative Declaration and the Mitigation 6 Monitoring/Reporting Program shall be effective immediately upon adoption of this 7 Resolution. 8 SECTION 3. APPROVAL OF THE TENTATIVE TRACT MAP 9 Based upon the Findings of Fact contained in the Staff Report and the evidence in the 10 Supporting Documents, Tentative Tract Map No. 18829 (Subdivision 11-03) (included in 11 Attachment F to the Staff Report and incorporated herein by reference) is hereby approved subject to the Conditions of Approval (Attachment C to the Staff Report). The approval of 12 Tentative Tract Map No. 18829 (Subdivision 11-03) shall be effective immediately upon 13 adoption of this Resolution. 14 SECTION 4. APPROVAL OF THE CONDITIONAL USE PERMIT 15 Based upon the Findings of Fact contained in the Staff Report and the evidence in the 16 Supporting Documents, Conditional Use Permit No. 11-13 (included in Attachment F to the 17 Staff Report and incorporated herein by reference) is hereby approved subject to the Conditions of Approval (Attachment C to the Staff Report). The approval of Conditional Use 18 Permit No. 11-13 shall be effective immediately upon adoption of this Resolution. 19 SECTION 5. APPROVAL OF THE DEVELOPMENT AGREEMENT 20 A. Based upon the Findings of Fact contained in the Staff Report and the evidence 21 in the Supporting Documents, Development Agreement No. 12-02 for the Waterman Gardens 22 Project is hereby approved (attached as Exhibit A to this Resolution and incorporated herein by reference). The Mayor and Common Council hereby authorizes and directs the City 23 Manager to execute Development Agreement No. 12-02 on behalf of the City. This 24 Agreement shall be null and void if the parties fail to execute it within sixty (60) days from 25 the date of approval by the Mayor and Common Council. 26 B. Notwithstanding any other provision herein, the approval of Development Agreement No. 12-02 shall become effective 30 days after the adoption of this Resolution by 27 the Common Council and approval by the Mayor. 28 3 2014-39 1 C. No later than 10 days after Development Agreement No. 12-02 is effective and has been executed by all parties, the City Clerk shall record with the San Bernardino County 2 Recorder a copy of the Development Agreement, as required by Government Code Section 3 65868.5. 4 SECTION 6. NOTICE OF DETERMINATION 5 In accordance with the provisions of this Resolution, the Planning Division is hereby 6 directed to file a Notice of Determination with the County of San Bernardino Clerk of the 7 Board of Supervisors. 8 /// 9 /// 10 11 /// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 2014-39 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION, 2 ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, APPROVING TENTATIVE TRACT MAP NO. 18829 AND CONDITIONAL USE 3 PERMIT NO. 11-13, AND APPROVING AND AUTHORIZING EXECUTION OF 4 DEVELOPMENT AGREEMENT NO. 12-02 FOR WATERMAN GARDENS. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a3 oint regmeeing thereof, held on 8 the 1 Rth day of Fahriiary , 2014, by the following vote to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ X 12 JENKINS x x 13 VALDIVIA 14 SHORETT x NICKEL X 15 JOHNSON x 16 MULVIHILL x 17 18 ALL 19 Georg- Hann., ity Clerk 20 T's The foregoing Resolution is hereby approved this aC,' day of February 21 2014. 22 23 • TRIO' J. MO' yor City . an Bernardino 24 Approved as to form: GARY D. SAENZ 25 City Attorney 26 27 �sLf 28 5 2014-39 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Bernardino Attn: City Manager 300 North "D" Street, 6th Floor San Bernardino, California 92418 Exempt from Recording Fee Pursuant to Government Code Section 27383 Space above this line for Recorder's Use Only DEVELOPMENT AGREEMENT WATERMAN GARDENS By.and Between THE CITY OF SAN BERNARDINO and HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO February 18 ,2014 1373\08\1183096.21 2/13/2014 2014-39 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 3 1.1 Definitions 3 1.2 Capitalized Terms. 5 1.3 Exhibits. 5 ARTICLE II GENERAL PROVISIONS 5 2.1 Parties 5 2.2 Relationship of City and Land Owner. 7 2.3 Description of Property. 7 2.4 Effective Date. 7 2.5 Execution and Recording. 7 2.6 Term. 7 2.7 Provisions Required by Statute. 7 2.8 Discrepancies. 8 ARTICLE III DEVELOPMENT OF THE PROPERTY 8 3.1 Use of the Property and Applicable Law Subject to Agreement. 8 3.2 No Conflicting Enactments 9 3.3 Subsequently Enacted Rules and Regulations. 9 3.4 Initiatives and Referenda. 9 3.5 Compliance With Requirements of Other Governmental Entities. 10 3.6 City's Police Power. 10 3.7 Subsequent Development Approvals for the Property 11 3.8 Life of City Approvals and Subsequent Approvals. 11 3.9 Timing of Development. 12 3.10 Land Owner Obligations 12 3.11 City Obligations. 12 3.12 Mutual Obligations of the Parties. 14 ARTICLE IV AMENDMENT, CANCELLATION, AND TERMINATION OF AGREEMENT 14 4.1 Amendment or Cancellation Procedure. 14 4.2 Recordation of Amendment or Cancellation. 15 4.3 Amendments to Development Agreement Legislation 15 ARTICLE V ANNUAL REVIEW 15 5.1 Annual Review 15 5.2 Contents of Report. 15 5.3 Waiver 16 ARTICLE VI DEFAULT, REMEDIES, AND TERMINATION 16 1373\08\1183096 21 2/13/2014 2014-39 TABLE OF CONTENTS Page 6.1 Default 16 6.2 Remedies for Default. 16 6.3 Notice and Procedure Regarding Defaults 16 ARTICLE VII ESTOPPEL CERTIFICATE 18 ARTICLE VIII TRANSFERS, ASSIGNMENTS 18 8.1 Agreement Runs With the Land. 18 8.2 Right to Assign. 18 8.3 Release Upon Sale or Completion of Development. 20 ARTICLE IX MORTGAGEE PROTECTION 20 9.1 Mortgage Protection 20 9.2 Mortgagee Not Obligated 20 9.3 Notice of Default to Mortgagee. 21 9.4 No Supersedure. 21 9.5 Mortgagee Protection 21 ARTICLE X NOTICES 21 10.1 Notices. 21 ARTICLE XI MISCELLANEOUS 22 11.1 Third-Party Legal Challenge 22 11.2 Bankruptcy. 23 11.3 Applicable Law/Venue/Attorneys'Fees and Costs 23 11.4 Further Assurances 23 11.5 Severability. 23 11.6 Nondiscrimination 23 11.7 Land Owner Right to Rebuild 23 11.8 Headings. 23 11.9 Agreement is Entire Understanding 24 11.10 Interpretation. 24 11.11 Recordation of Termination. 24 11.12 Signature Pages; Execution in Counterparts 24 Exhibit A: Legal Description Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule Exhibit D: Current Impact Fee Schedule ii 1373\08\1183096.21 2/13/2014 2014-39 • DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into in the City of San Bernardino on the 18th day of February, 2014, by and between the CITY OF SAN BERNARDINO, a municipal corporation organized and existing under the laws of the State of California (the "City"), and the Housing Authority of the County of San Bernardino, a public body, corporate and politic (the "Land Owner"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code and Chapter 19.40 of the San Bernardino Municipal Code. The City and the Land Owner are, from time to time, individually referred to in this Agreement as a"Party" and collectively referred to as the "Parties." RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 through 65869.5 (the "Development Agreement Law"), which authorizes the City and any person having a legal or equitable interest in real property to enter into a development agreement and, among other things, establish certain development rights in property which is the subject of a development project application. The Mayor and Common Council of the City of San Bernardino (collectively, the "City Council") adopted Chapter 19.40 of the San Bernardino Municipal Code to govern the processing of development agreements by the City. B. Land Owner is the fee owner of the real property located within the City of San Bernardino, County of San Bernardino, State of California, as further described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). C. Land Owner proposes to develop the Property to include the demolition of 252 existing residential units (the "Existing Dwelling Units") and the construction of a development consisting of seventy-three (73) units restricted for senior citizens (the "Senior Units") and three hundred thirty-eight (338) non-senior units (the "Non-Senior Units") for a total of four hundred eleven (411) residential units and community uses totaling 129,800 square feet (including a day care center, social service/recreation center, administration building and maintenance facility) to be known as Waterman Gardens (the "Project"). The Project includes development of the Property as contemplated by the City Approvals, this Agreement, and Subsequent Approvals. D. Entering into this Agreement is acknowledged to be to the mutual benefit of the City and the Land Owner and is approved by the City in consideration of the significant public benefits to be derived from the Project, including: (1) redevelopment of 252 seventy-year old housing units affordable to low income households: (2) provision of 73 additional housing units for seniors affordable to low income households; (3) provision of 86 market-rate units to provide mixed-income housing; (4) improvements to Baseline Street, Waterman Avenue, and Olive Street to enhance vehicular and pedestrian safety, and which exceed the improvements necessitated by the impacts of the Project; (5) provision of more community amenities than the six required by the Development Code; (6) provision of community facilities, including recreational and training facilities; (7) enhanced public safety; (8) increased property tax 1 1373\08\I183096.21 2/13/2014 2014-39 valuation; and (9) short-term construction employment and long-term employment at the community facilities. E. Under the California State Density Bonus Law (Government Code Section 65915 et seq.; the "Density Bonus Law"), the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. F. The following approvals, entitlements, and findings have been adopted by the City with respect to the Property: 1. The Mayor and Common Council adopted a Mitigated Negative Declaration for the Project on February 18, 2014 (the "MND"). As required by the California Environmental Quality Act ("CEQA"), the City adopted written findings and a Mitigation Monitoring and Reporting Program on February 18, 2014. 2. The Planning Commission recommended approval of Tentative Tract Map No. 18829 (Subdivision No. 11-03)with respect to the Property on December 11, 2013. 3. The Planning Commission recommended approval of Conditional Use Permit No. 11-13 (for the density bonus, concessions and incentives permitted by Government Code Section 65915 and Municipal Code Section 19.04.030(D)(1))with respect to the Property. 4. The Mayor and Common Council approved this Agreement, Tentative Tract Map No. 18829 and Conditional Use Permit No. 11-13 as more fully set forth below. The City actions identified above are collectively referred to as the "City Approvals." The City Approvals incorporate all conditions of approval of Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13 and all plans submitted by the Land Owner to the City and incorporated into the City Approvals, including but not limited to the site plans, landscape plan, floor plans, and building elevations date-stamped November 5, 2013. G. The development of the Project will require future discretionary and ministerial approvals from the City, potentially including, but not limited to, encroachment permits, demolition permits, grading permits, building permits, final inspections, and certificates of occupancy consistent with the City Approvals (the "Subsequent Approvals"). "Subsequent Approvals" also include any review required by CEQA or NEPA, including implementation of all mitigation measures, monitoring programs, and conditions adopted as part of the City Approvals. H. To ensure that the intent of the City and Land Owner with respect to the City Approvals are carried out, the Parties desire voluntarily to enter into this Agreement in order to facilitate development of the Project subject to the conditions and requirements included in this Agreement. I. The Planning Commission, on December 11, 2013, after giving required notice, conducted a public hearing on this Agreement, as required by Municipal Code Chapter 19.40, and recommended that the Mayor and Common Council approve this Agreement. The Mayor 2 1373\08\1 183096.21 2/13/2014 2014-39 - and Common Council on February 18, 2014 (the "Adoption Date"), after giving required notice, conducted a public hearing and adopted Resolution No. 2014-39 approving this Agreement and making all findings and determinations relating to this Agreement which are required by the Development Agreement Law and by Municipal Code Chapter 19.40. J. The Mayor and Common Council find that execution of this Agreement and the performance of and compliance with the terms and conditions set forth herein by the Parties: (i) are in the best interests of the City; (ii)will promote the public convenience, general welfare and good land use practices in the City; (iii) will promote preservation and enhancement of land values in the City; (iv) will encourage the development of the Project by providing a reasonable level of certainty to the Land Owner; and (v) will provide for orderly growth and development in a manner consistent with the General Plan, the Development Code and other plans and regulations of the City. NOW, THEREFORE, with reference to the foregoing Recitals and in consideration of the mutual promises, obligations and covenants herein contained, the sufficiency of which consideration is hereby acknowledged,City and Land Owner agree as follows: AGREEMENT The introductory paragraph, the Recitals, and all defined terms set forth in both are hereby incorporated into this Agreement as if hereinafter fully and completely rewritten. ARTICLE I DEFINITIONS 1.1 Definitions. The following defined terms are used in this Agreement. 1.1.1 "Adoption Date" is defined in Recital I. 1.1.2 "Agreement" is defined in the first paragraph,page 1. 1.1.3 "Annual Report" is defined in Section 5.1. 1.1.4 "Applicable Law" is defined in Section 3.1.2. 1.1.5 "Assignee" is defined in Section 8.2.1. 1.1.6 "Assignment" is defined Section in 8.2.2. 1.1.7 "CEQA" is defined in Recital F. 1.1.8 "City" is defined in the first paragraph, page 1 and in Section 2.1.1(a) 1.1.9 "City Approvals" is defined in Recital F. 3 1373\08\1183096.21 2/13/2014 201.4-39 1.1.10 "City Council" is defined in Recital A. 1.1.11 "City Fees" is defined in Section 3.11.3. 1.1.12 "City Law" is defined in Section 3.2.1 1.1.13 "Current Impact Fee Schedule" is defined in Section 3.11.3(b)(iii). 1.1.14 "Current Processing Fee Schedule" is defined in Section 3.11.3(a). 1.1.15 "Declaration of Default" is defined in Section 6.2. 1.1.16 "Default" is defined in Section 6.1. 1.1.17 "Density Bonus Law" is defined in Recital E. 1.1.18 "Density Bonus Ordinance" is defined in Section 3.11.2. 1.1.19 "Development Agreement Law" is defined in Recital A. 1.1.20 "Effective Date" is defined in Section 2.4. 1.1.21 "Existing Dwelling Units" is defined in Recital C. 1.1.22 "Fee Study" is defined in Section 3.11.3(b)(i). 1.1.23 "FONSI" is defined in Recital F. 1.1.24 "Impact Fees" is defined in Section 3.11.3. 1.1.25 "Land Owner" is defined in the first paragraph,page 1. 1.1.26 "MND" is defined in Recital F. 1.1.27 "Mortgage" is defined in Section 9.1. 1.1.28 "Mortgagee" is defined in Section 9.1 and Section 9.5. 1.1.29 "NEPA" is defined in Recital F. 1.1.30 "Non-Senior Units" is defined in Recital C. 1.1.31 "Notice of Default" is defined in Section 6.3.1(a). 1.1.32 "Party" and "Parties" are defined in the first paragraph,page 1. 1.1.33 "Planning Commission" is defined in Recital F. 1.1.34 "Processing Fees" is defined in Section 3.11.3. 4 1373\08\1183096.21 2/13/2014 2014-39 1.1.35 "Project" is defined in Recital C. 1.1.36 "Property" is defined in Recital B. 1.1.37 "Senior Units" is defined in Recital C. 1.1.38 "Subsequent Approvals" is defined in Recital G. 1.1.39 "Term" is defined in Section 2.6. 1.1.40 "Third Party Challenge" is defined in Section 11.1.1. 1.1.41 "Water Department" is defined in Section 3.11.3. 1.2 Capitalized Terms. If any capitalized terms contained in this Agreement are not defined above, then any such terms shall have the meaning otherwise ascribed to them in this Agreement. 1.3 Exhibits. The following Exhibits are attached hereto and incorporated into this Agreement: Exhibit A: Legal Description Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule Exhibit D: Current Impact Fee Schedule ARTICLE II GENERAL PROVISIONS 2.1 Parties. 2.1.1 The City. (a) The City is a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California. The office of the City is located at 300 North "D" Street, 6`h Floor, San Bernardino, California 92418. "City," as used in this Agreement, includes the City of San Bernardino and any assignee or successor to its rights, powers and responsibilities. (b) The City represents and warrants that, as of the Effective Date of this Agreement: (i) The execution and delivery of this Agreement and the performance of the obligations of the City have been duly authorized by all necessary actions and approvals required for a municipal corporation; 5 1373\08\1183096.21 2/13/2014 2014-39 (ii) The City is in good standing and has all necessary powers under the laws of the State of California and in all other respects to enter into and perform the undertakings and obligations of this Agreement; and (iii) This Agreement is a valid obligation of the City and is enforceable in accordance with its terms. 2.1.2 The Land Owner. (a) Land Owner is the Housing Authority of the County of San Bernardino, a public body, corporate and politic. For the purposes of this Agreement, the Land Owner's office is 715 East Brier Drive, San Bernardino, California 92408. (b) Land Owner represents and warrants that, as of the Effective Date of this Agreement, Land Owner is: (i) The sole fee owner of the Property; (ii) Duly organized and validly existing under the laws of the State of California; (iii) Qualified and authorized to do business in the State of California and has duly complied with all requirements pertaining thereto; and (iv) In good standing and has all necessary powers under the laws of the State of California to own property and in all other respects enter into and perform the undertakings and obligations of this Agreement. (c) Land Owner further represents and warrants: (i) That no approvals or consents of any persons are necessary for the execution, delivery or performance of this Agreement by Land Owner, except as have been obtained; (ii) That the execution and delivery of this Agreement and the performance of the obligations of Land Owner have been duly authorized by all necessary actions and approvals required under Land Owner's organizational documents; (iii) That this Agreement is a legal, valid, and binding obligation of Land Owner and is enforceable in accordance with its terms; (iv) That the execution, delivery, and performance of this Agreement by the Land Owner does not and will not materially conflict with, or constitute a material violation or material breach of, or constitute a default under (a) the Land Owner's organizational documents (b) any law, rule, or regulation binding upon or applicable to the Land Owner,or(c) any material agreements to which the Land Owner is a party; (v) That, unless otherwise disclosed in writing to the City prior to the date of the City Council's adoption of this Agreement, and except for threats of litigation 6 1373\O8\1 183096.21 2/13/2014 2014-39 expressed in public hearings relating to the City Approvals, there is no existing or, to the Land Owner's reasonable knowledge, pending or threatened litigation, suit, action, or proceeding before any court or administrative agency affecting the Land Owner or, to the best knowledge of the Land Owner, the Property, that would, if adversely determined, materially and adversely affect the Land Owner or the Property or the Land Owner's ability to perform its obligations under this Agreement or to develop and operate the Project; and (vi) That Land Owner and/or any person or entity owning or operating the Property, has duly obtained and maintained, or will duly obtain and maintain, all licenses, permits, consents, and approvals required by all applicable governmental authorities to develop, sell, lease, own, and operate the Project on the Property. 2.2 Relationship of City and Land Owner. The Parties specifically acknowledge that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and the Land Owner and that the Land Owner is an independent contractor and not an agent or partner of the City. The Parties further acknowledge that neither Party is acting as the agent of the other in any respect hereunder and that each Party is an independent contracting entity with respect to the terms,covenants, and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the business of the Land Owner, the affairs of the City, or otherwise. The City and Land Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making City and Land Owner joint venturers or partners. 2.3 Description of Property. The Property which is the subject of this Agreement is described in Exhibit A, attached hereto and incorporated herein by this reference. 2.4 Effective Date. This Agreement shall become effective thirty (30) days after the Adoption Date (the "Effective Date"). 2.5 Execution and Recording. Not later than ten (10) days after the Adoption Date, the City and the Land Owner shall execute and acknowledge this Agreement. Not later than ten (10) days after the Effective Date, the City Clerk shall cause recordation of this Agreement with the San Bernardino County Recorder against the Property, provided that a referendum applicable to Resolution No. has not been timely submitted to the City. 2.6 Term. The term of this Agreement shall commence upon the Effective Date and continue for a period of twenty (20) years from the Effective Date (the "Term"), unless the Term is terminated, modified, or extended by the provisions of this Agreement. 2.7 Provisions Required by Statute. The Development Agreement Law provides, among other things, that a development agreement shall specify the following: 2.7.1 Duration of the Agreement. See Section 2.6 of this Agreement. 7 1373\08\1183096.21 2/13/2014 2014-39 2.7.2 Permitted Uses of the Property. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.3 Density or Intensity of Uses. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.4 Maximum Height and Size of Proposed Buildings. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.5 Reservation or Dedication of Land for Public Purposes. See Section 3.10 of this Agreement and the City Approvals. 2.7.6 Periodic Review Annually. See Article V of this Agreement. 2.8 Discrepancies. Chapter 19.40 of the San Bernardino Municipal Code provides at subsection 2 of Section 19.40.010, that: "Should any apparent discrepancies between the meaning of these documents [Chapter 19.40, Section 65864 et seq. of the Government Code, and the Development Agreement] arise, then the documents shall control in construing the development agreement in the following order of priority: 2.8.1 "The plain terms of this Agreement itself; 2.8.2 "The provisions of Municipal Code Chapter 19.40; and 2.8.3 "The provisions of Development Agreement Law." ARTICLE III DEVELOPMENT OF THE PROPERTY 3.1 Use of the Property and Applicable Law Subject to Agreement. The Property is hereby made subject to the provisions of this Agreement. All development of or on the Property, or any portion thereof, shall be undertaken only in compliance with the provisions of this Agreement and with Applicable Law. 3.1.1 Permitted Uses. The Project shall be developed in accordance with the City Approvals and this Agreement. During the Term of this Agreement, the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, other zoning standards, provisions for reservation or dedication of land for public purposes, and all other terms and conditions of development shall be those set forth in the City Approvals. 3.1.2 Applicable Law. "Applicable Law" includes the City Approvals, the Subsequent Approvals consistent with the City Approvals and when approved by the City, this Agreement, and those ordinances, resolutions, rules, regulations, standards, policies, conditions, and specifications applicable to the Project in effect on the Effective Date, and except as otherwise provided in Sections 3.3 and 3.5. 8 1373\08\1183096.21 2/13/2014 2014-39 • 3.2 No Conflicting Enactments. 3.2.1 Except as and to the extent required by state or federal law, and subject to the provisions of Sections 3.3 and 3.6 below, the City shall not impose on the Project any ordinance,resolution, rule, regulation, standard, policy, condition, or specification, including by initiative (each individually, a "City Law"), that has any of the following effects on the rights provided by Applicable Law: (a) Changes any land use designation or permitted use of the Project from that shown in Applicable Law; (b) Limits or controls the rate, timing, phasing or sequencing of the approval, development, or construction of all or any part of the Property except as set forth in this Agreement and in Applicable Law; or (c) Limits or restricts any right specifically granted by the City Approvals or this Agreement, including, but not limited to, permitted uses and permitted floor area ratio. 3.3 Subsequently Enacted Rules and Regulations. 3.3.1 The City may, during the term of this Agreement, apply such newer City Laws that are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for and which are not in conflict with the terms of this Agreement. The City may also modify the Applicable Law or the terms of this Agreement to address a compelling public necessity regarding health and safety which was not known and could not have been known with the exercise of reasonable diligence on the Effective Date and that cannot reasonably be addressed by other means. 3.3.2 The Parties recognize that planning and design considerations are constantly evolving and being modernized, and that development of the Project may from time to time require updating of City regulations and standards in order to achieve the most desirable outcomes for the City from the Project. Accordingly, the City agrees that, in accordance with Section 3.11.1 below, it shall diligently and in good faith review and process to final action any proposals made by the Land Owner for such updating of City regulations and standards. 3.4 Initiatives and Referenda. 3.4.1 If any City Law is enacted or imposed by a citizen-sponsored initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with this Agreement, such City Law shall not apply to the Property. The Parties acknowledge, however, that the City's approval of this Agreement is a legislative action subject to referendum. 3.4.2 Without limiting the generality of any of the foregoing, no moratorium imposed by the City affecting subdivision maps, building permits, processing of off- site or on-site improvements, or any and all Subsequent Approvals shall apply to the Property. 9 1 373108\I 183096.21 2/13/2014 2014-39 3.4.3 The timing, sequencing, and phasing of development within the Project shall be consistent with those timing, sequencing and phasing provisions specified in this Agreement, the City Approvals, and Applicable Law. 3.4.4 The City shall cooperate with Land Owner and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect and that no conflicting enactments are imposed on the Property, except as otherwise authorized by this Agreement. 3.5 Compliance With Requirements of Other Governmental Entities. 3.5.1 During the Term, Land Owner shall comply with lawful requirements of, and obtain all permits and approvals required by, other local, regional, state and federal agencies having jurisdiction over Land Owner's activities in furtherance of this Agreement. Land Owner shall pay all required fees when due to federal, state, regional, or other local governmental agencies other than the City and acknowledges that City does not control the amount of any such fees. 3.5.2 City shall cooperate with Land Owner in Land Owner's effort to obtain permits and approvals for the Project from federal, state, regional, and other local governmental agencies. 3.5.3 As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in laws, regulations, plans, or policies to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations. In the event changes in the law prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified as may be necessary to comply with such state or federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified as may be necessary to comply with changes in the law, and City and Land Owner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification be limited to that which is necessary and to preserve to the extent possible the Project consistent with Applicable Law. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such changed laws or regulations. Nothing in this Agreement shall preclude the City or Land Owner from contesting by any available means (including administrative or judicial proceedings) the applicability to the Property of any such state or federal laws or regulations and/or such state or federal laws or regulations themselves. 3.6 City's Police Power. The Parties acknowledge and agree that the limitations, reservations, and exceptions contained in this Agreement are intended to reserve to the City that part of its police power which cannot be limited by contract, and this Agreement shall be construed to reserve to the City that part of its police power which cannot be restricted by contract. 10 1373\08\1I83096.21 2/13/2014 2014-39 3.7 Subsequent Development Approvals for the Property. 3.7.1 Applications for Subsequent Approvals are anticipated to be submitted to the City by the Land Owner. The City shall diligently and in good faith process in a manner as expeditious as reasonably possible all applications for Subsequent Approvals filed by Land Owner in accordance with the rights granted by this Agreement and by Applicable Law. In no event shall such processing exceed the time periods set forth in any applicable state laws and local ordinances or regulations, and any conditions or requirements imposed by the City in connection with any such approvals or permits shall not conflict with Applicable Law or exceed those typically imposed by the City in connection with similar approvals for other affordable housing development projects in the City. The foregoing requirements are subject to the Land Owner's applications for Subsequent Approvals being in proper form for submittal and processing, including all fees consistent with Section 3.11.3 below and all documents and information required by the City's generally applicable standards in effect at the time of submittal. 3.7.2 In connection with the City's commitment to diligent processing of Subsequent Approvals in Section 3.11.1 below, the City shall, with the concurrence of the Land Owner as to cost, engage consultants or assign City staff for the purpose of coordinating, facilitating, expediting and/or reviewing applications by the Land Owner for Subsequent Approvals. If approved by the Land Owner, the Land Owner shall bear the cost of compensation of such specially assigned consultants and staff and any other City expenses associated with such persons, except as otherwise provided herein. The consultants and staff assigned to the Project shall at all times be persons having a level of training and experience commensurate with the size and complexity of the Project and the diversity of further approvals and permits required for the Project. 3.7.3 With the City Approvals, the City has made a final policy decision that the development of the Property is consistent with the City Approvals and is in the best interests of the City's public health, safety, and general welfare. Accordingly, the City shall not use its authority in considering any application for a Subsequent Approval that is consistent with the City Approvals to change the policy decisions reflected by the City Approvals. Nothing herein shall limit the ability of the City to require the necessary reports, analyses, or studies to assist in determining whether the requested Subsequent Approvals are consistent with Applicable Law and this Agreement. The City's review of the Subsequent Approvals shall be consistent with this Agreement, including, without limitation, Sections 3.2, 3.7, and 3.1 1.1 of this Agreement. To the extent consistent with CEQA and NEPA, as determined by the City in its reasonable discretion, the City shall utilize the MND and FONSI to review the environmental effects of Subsequent Approvals and shall not require additional environmental review pursuant to CEQA and NEPA except as may be mandated by state or federal law as provided in Section 3.5.3 above. 3.7.4 Notwithstanding the above, as required by Government Code Section 65867.5, any and all tentative maps prepared for a subdivision of the Property shall comply with the provisions of Government Code Section 66473.7, if applicable, and shall be extended from time to time as required by Government Code Section 66452.6. 3.8 Life of City Approvals and Subsequent Approvals. If any City Approval or Subsequent Approval shall expire, Land Owner shall retain all vested rights contained in this 11 1373\08\1183096.21 2/13/2014 2014-39 Agreement and shall be entitled to re-approval of the City Approvals and Subsequent Approvals consistent with Applicable Law. 3.9 Timing of Development. The Parties acknowledge that development of the Project will be affected by numerous factors outside the control of the Land Owner, e.g., general economic conditions, interest rates and market demand. Accordingly, the Parties hereby acknowledge and agree that the Land Owner may develop the Property in such order and at such rate and times as are appropriate within the Land Owner's business judgment, subject to compliance by the Land Owner with the City Approvals and such other conditions and requirements imposed by the City and not in conflict with this Agreement. 3.10 Land Owner Obligations. 3.10.1 As a material consideration for the long term assurances, vested rights, and other City obligations provided by this Agreement, and as a material inducement to City to enter into this Agreement, Land Owner has offered and agreed to provide public improvements to the City as set forth in the City Approvals and has further agreed to comply with all of its obligations under this Agreement, including, in particular, the obligations set forth in this Section 3.10. 3.10.2 Prior to the issuance of the first building permit for the Project, Land Owner shall submit a final phasing plan to the City which shall specify the order in which the phases shall be built and which road improvements required by the City Approvals shall be completed as part of each phase of development. Land Owner shall substantially complete any required improvements to Baseline Street, Waterman Avenue, Olive Street, and La Junita Street prior to final inspection of the first unit in the corresponding phase of development or shall post adequate security to ensure completion within 90 days. After Land Owner has improved La Junita Street to public street standards, City hereby agrees to accept the dedication of La Junita Street from Land Owner. 3.11 City Obligations. 3.11.1 Diligent Processing of Subsequent Approvals. City staff shall diligently process in good faith all Subsequent Approvals and shall approve or recommend approval or conditional approval to the Planning Commission and City Council of the Subsequent Approvals if, as determined by the City in its reasonable discretion, the Subsequent Approvals comply with Applicable Law, CEQA, NEPA and other relevant state and federal laws and regulations. 3.11.2 Provision of Density Bonus and Concessions. Under the Density Bonus Law, the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. Land Owner has applied for a density bonus of twenty-five percent (25%) for the Project pursuant to City Municipal Code Section 19.04.030(2)(D) (the "Density Bonus Ordinance") and the Density Bonus Law. Developer is also providing Senior Units which are allowed a fifty percent (50%) density increase pursuant to City Municipal Code Section 19.04.010(2)(E). City has approved the requested density bonuses, concessions, and incentives as shown in Exhibit B and incorporated herein by this reference. 12 1373\08\l 183096.21 2/13/2014 2014-39 3.11.3 Fees and Fee Credits. The Parties recognize that fees which may be imposed by the City ("City Fees") upon the Project fall within two categories (i) fees for processing applications for City actions or approvals ("Processing Fees"); and (ii) fees or other monetary exactions which are intended to defray the costs of public facilities related to development projects (e.g. parks, streets, utilities, including sewer and water connection fees, and traffic controls) ("Impact Fees"). (a) Processing Fees. For a ten (10)-year period commencing upon the Effective Date, the City shall charge Processing Fees against the Project based upon the processing fees in effect on the Effective Date of this Agreement, except for any processing fees imposed by the City Municipal Water Department (the "Water Department"), including but not limited to sewer capacity fees and water acquisition of service charges imposed by the Water Department. Additionally, the Land Owner shall reimburse the City for actual consultant costs required to process Subsequent Approvals. A list of the categories and amounts of Processing Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit C (the "Current Processing Fee Schedule"). After the ten (10)-year period, the City may charge those reasonably justified Processing Fees which are in force and effect within the jurisdiction of the City for the broadly based class of Subsequent Approvals being applied for. (b) Impact Fees. (i) Within each phase of development, City may impose Impact Fees only for increased development within that phase. Land Owner shall pay no Impact Fees for development that replaces Existing Dwelling Units or existing square footage for non- residential structures within that phase. The Land Owner may defer payment of Impact Fees imposed on each structure until the later to occur of the following for that structure: the time of the City's release of utility meters or final inspection. For any public facilities constructed by Land Owner which are included in any current Impact Fee list, such fees shall be credited in lieu by City. The amount of the credit shall be limited to the amount of cost estimated for the improvements as identified in the associated fee study (the "Fee Study") regardless of the actual cost. The amount of the credit shall not exceed the amount of the respective fee in question for which credit is sought. In the event that only a portion of a facility identified in the Fee Study is constructed, the credit amount will be a prorated amount that reflects the appropriate portion of the estimated cost of the facility as identified in the Fee Study as determined by the Director of Public Works. (ii) Sewer Connection Fees. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer connection fees for the Project as specified in Condition No. 41 in the conditions of approval of Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13. (iii) Water Acquisition of Service Charges Imposed by the Water Department. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay water acquisition of service charges for a structure prior to final inspection of that structure; provided, however, that Land Owner shall only pay water acquisition of service charges for units developed in each phase in excess of the Existing Dwelling Units and existing square footage for non-residential structures in that phase. The number of Existing Dwelling Units and non-residential square footage shall be calculated for each phase, such that at project 13 1373\08\1183096.21 2/13/2014 2014-39 completion, the Water Department shall credit Land Owner for water acquisition of service charges for all of the Project's Existing Dwelling Units and non-residential square footage in accordance with the Water Department's Rule and Regulation No. 5 and the City and Water Department approvals. (iv) Sewer Capacity Fees Imposed by the Water Department. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer capacity fees for a structure prior to final inspection of that structure; provided, however, that Land Owner shall only pay sewer capacity fees for units and non-residential square footage developed in each phase in excess of the Equivalent Dwelling Units (EDUs) for the Existing Dwelling Units and existing non-residential square footage in that phase. The number of EDUs for the Existing Dwelling Units and existing non-residential square footage shall be calculated for each phase, such that at project completion, the Water Department shall credit Land Owner for sewer capacity fees for all of the Project's existing EDUs in accordance with City Municipal Code Section 13.08.055B and the City and Water Department approvals. (v) For a ten (10)-year period commencing upon the Effective Date, the City shall charge Impact Fees against the Project based upon the processing fees in effect on the Effective Date of this Agreement, except for sewer capacity fees, water acquisition of service charges, and other Impact Fees imposed by the Water Department.. A list of the categories and amounts of Impact Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit D (the "Current Impact Fee Schedule"). After the ten (10)-year period, the City may charge those Impact Fees which are in force and effect within the jurisdiction of the City for the broadly based type of development being applied for. (c) Fee Categories. The City shall not impose upon the Project any categories of fees or other monetary exactions which are not included within (i) the Processing Fees as those categories exist as of the date of this Agreement, or (ii) the Impact Fees as those categories exist on the Effective Date of this Agreement, unless required by state or federal law or regulations. 3.12 Mutual Obligations of the Parties. City has agreed to provide Land Owner with the long term assurances, vested rights, and other City obligations described in this Agreement, including, in particular, those City obligations described in this Article III, in consideration for the Land Owner's obligations contained in this Agreement, including, in particular, those Land Owner obligations described in this Article III. Land Owner has agreed to provide City with the Land Owner obligations described in this Agreement, including, in particular, those Land Owner obligations described in this Article III, in consideration for the City's obligations contained in this Agreement, including, in particular, those City obligations described in this Article III. ARTICLE IV AMENDMENT, CANCELLATION,AND TERMINATION OF AGREEMENT 4.1 Amendment or Cancellation Procedure. This Agreement may be voluntarily terminated in whole or in part or amended by the mutual consent of the Parties or their successors in interest. In accordance with Municipal Code Chapter 19.40, the procedure for amendments shall be a tiered review procedure as follows: 14 1373108\1183096.21 2/13/2014 2014-39 4.1.1 Amendment of City Approvals. To the extent permitted by local, state, and federal law, any City Approval may, from time to time, be amended or modified by submittal of an application from the Land Owner and following the procedures for such amendment or modification contained in the San Bernardino Municipal Code. Upon any approval of such an amendment or modification, the amendment or modification to the City Approval shall automatically be deemed to be incorporated into the Applicable Law and into the provisions of this Agreement without any further requirement to amend this Agreement. 4.1.2 Other Amendments. Any other cancellation or amendment of this Agreement may be made only upon compliance with the provisions of Government Code Section 65858 and those procedures prescribed in Chapter 19.40 of the San Bernardino Municipal Code for entering into a new development agreement, including, but not limited to, public hearings before the San Bernardino Planning Commission and City Council and adoption of the amendment or cancellation by resolution. 4.2 Recordation of Amendment or Cancellation. The City Clerk shall record any amendment or cancellation with the San Bernardino County Recorder not later than ten (10) days after the effective date of the action effecting such amendment or cancellation, accompanied by a legal description of the Property. 4.3 Amendments to Development Agreement Legislation. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law, as those provisions existed at the date of execution of this Agreement. No amendment or addition to the Development Agreement Law which would materially affect the substantive provisions of this Agreement or the interpretation or enforceability of this Agreement shall be applicable to this Agreement unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected unless the Parties mutually agree in writing to amend this Agreement to permit such applicability. ARTICLE V ANNUAL REVIEW 5.1 Annual Review. This Agreement shall be subject to annual review, pursuant to California Government Code Section 65865.1. Within thirty (30) calendar days following each anniversary of Effective Date of this Agreement, the Land Owner shall submit to the City Manager written documentation demonstrating good-faith compliance with the terms of this Agreement ("Annual Report"). Failure by the Land Owner to submit the Annual Report in a timely manner shall not itself constitute a breach of this Agreement, unless the City has first given the Land Owner a minimum of thirty (30) calendar days' written notice and the Land Owner fails to submit the Annual Report within thirty (30) calendar days after receipt of such written notice. 5.2 Contents of Report. The Annual Report and any supporting documents shall describe (i) any Subsequent Approvals which have been issued or for which application has been made and (ii) any development or construction activity which has commenced or has been completed since the recording date or the date of the preceding annual review. The City shall 15 1373\08\1183096.21 2/13/2014 2014-39 review all the information contained in such report in determining the Land Owner's good faith compliance with this Agreement. 5.3 Waiver. The City does not waive any claim of defect in performance by the Land Owner if, at the time of an annual review, the City does not propose immediately to exercise its remedies hereunder. However, in the event that the City, following receipt of the Annual Report for any year, fails to review the information contained therein and/or to determine the Land Owner's good faith compliance with this Agreement within ninety (90) calendar days following the date of such receipt, the Land Owner shall be deemed to be in good faith compliance with regard to the period covered by that Annual Report. ARTICLE VI DEFAULT,REMEDIES,AND TERMINATION 6.1 Default. A Party's violation of any material term of this Agreement or failure by any Party to perform any material obligation of this Agreement shall constitute a default ("Default"). 6.2 Remedies for Default. City and Land Owner acknowledge that the purpose of this Agreement is to carry out the Parties' objectives as set forth in the recitals. City and Land Owner agree that to determine a sum of money which would adequately compensate either Party for choices they have made which would be foreclosed should the Property not be developed as contemplated by this Agreement is not possible and that damages would not be an adequate remedy. Therefore, City and Land Owner agree that in the event of a breach of this Agreement, the only remedies available to the non-breaching Party shall be: (a) suits for specific performance to remedy a specific breach, (b) suits for declaratory or injunctive relief, (c) suits for mandamus under Code of Civil Procedure Section 1085, or special writs, and (d) termination or cancellation of this Agreement. Except for attorneys' fees and costs as set forth in Section 11.3 below, monetary damages shall not be awarded to either Party. This exclusion on damages is limited to a breach of this Agreement and shall not preclude actions by a Party to enforce payments of monies due or the performance of obligations requiring the expenditures of money under Section 3.10 of this Agreement. All of these remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy. Any legal action by a Party alleging a Default must be filed within ninety (90) days from date of declaring such default (the "Declaration of Default") as contained in the Notice of Default as defined below and after following the procedures in Section 6.3 below. 6.3 Notice and Procedure Regarding Defaults. 6.3.1 Default by Land Owner. The Land Owner shall be deemed in Default of the terms of this Agreement if a finding is made by the City Manager, upon the basis of substantial evidence, that the Land Owner has not complied with one or more of the material terms or conditions of this Agreement. A default on the part of an Assignee, as defined below, after an Assignment in conformance with all provisions of Section 8.2 below shall not constitute a Default of this Agreement by the Land Owner for those obligations under this Agreement that have been assigned to the Assignee. 16 1373\08\I183096.21 2/13/2014 2014-39 (a) If the City Manager believes the Land Owner to be in Default of this Agreement, the City Manager or his or her designee shall make a Declaration of Default by giving the Land Owner thirty (30) calendar days' written notice specifying the nature of the alleged Default (the "Notice of Default") and, when appropriate, the manner in which the Default may be satisfactorily cured. Failure or delay in giving the Notice of Default shall not constitute a waiver of such violation. (b) The Land Owner may appeal a Declaration of Default by filing a notice of appeal with the City Clerk within the thirty (30) calendar day cure period described in the preceding paragraph. The Land Owner's appeal shall be placed on the agenda of the next regularly scheduled meeting of the City Council, which shall be an open meeting but not a public hearing. If the City Council finds that a Default has occurred and is continuing, the Land Owner shall be given sixty (60) calendar days within which to cure such Default; provided that such time period may be extended by the City Manager for a period not to exceed 180 calendar days, upon a determination that the Land Owner is engaged in making good faith efforts to cure the Default. At the next City Council meeting following expiration of the period allowed by the City Council for curing the Default, or any extension thereof, the City Council shall set forth by motion or resolution its determination as to (i) the continuation of the Default and (ii) any action to be taken, which action may include amendment or termination of this Agreement. Any action to terminate shall be in the form of a resolution supported by written findings and be in compliance with Section 4.1 above. (c) After proper notice and expiration of the cure period without appeal, cure, or commencement of substantial effort toward a cure by the Land Owner, the City may take unilateral action by adoption of a resolution with written findings to terminate or amend this Agreement. 6.3.2 Default by City. The City shall be deemed in Default of the terms of this Agreement upon failure of the City to carry out any of its obligations hereunder. (a) If the Land Owner believes the City to be in Default of this Agreement, the Land Owner promptly shall make a Declaration of Default by filing a Notice of Default with the City Manager setting forth the grounds upon which a Default is claimed, facts in support of such grounds, and the means through which such Default may be cured. The City shall have thirty (30) calendar days following the date of receipt of a Notice of Default from Land Owner within which to take action to deny the claim, cure the Default, or undertake substantial action toward the cure. (b) If the action of the City is unsatisfactory to the Land Owner, the Land Owner may make an appeal to the City Council, provided that, within ten (10) days following the date of receipt of the notice of denial of the claim, or within ten (10) days following the date of expiration of the cure period described in the preceding paragraph, whichever occurs first, the Land Owner files with the City Clerk a notice of appeal to the City Council. The City Council thereafter shall consider this matter on the agenda of its next regularly scheduled meeting, which shall be an open meeting but not a public hearing, at which the Land Owner may present information regarding the alleged violation. Based upon the information presented by the Land Owner, the City Council shall make a determination as to whether the City is in Default of this Agreement, as alleged by the Land Owner. 17 1373\08\1183096 21 2/13/2014 2014-39 ARTICLE VII ESTOPPEL CERTIFICATE Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and is a binding obligation of the Parties, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, and (c) the requesting Party is not in Default in the performance of its obligations under this Agreement, or if in Default, to describe the nature of any Default(s). The Party receiving a request under this Article VII shall execute and return the certificate within thirty (30) days following receipt of the request. The City Manager is hereby authorized to execute on behalf of the City any certificate requested by Land Owner. Land Owner and the City acknowledge that a certificate hereunder may be relied upon by transferees and Mortgagees. ARTICLE VIII TRANSFERS,ASSIGNMENTS 8.1 Agreement Runs With the Land. 8.1.1 This Agreement and all of its provisions, agreements, rights, powers, standards, terms, covenants and obligations shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the Property or any portion thereof, or any interest therein, whether by sale, operation of law, or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. 8.1.2 All of the provisions of this Agreement shall be enforceable during the Term as equitable servitudes and constitute covenants running with the land pursuant to law applicable to such servitudes and covenants, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Property hereunder (a) is for the benefit of the Property and is a burden upon the Property, (b) runs with the Property, and (c) is binding upon Land Owner and each successive owner during its ownership of the Property or any portion thereof, and each person or entity having any interest in the Property. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 8.2 Right to Assign. 8.2.1 The Land Owner may assign its rights and obligations hereunder to any other person or entity ("Assignee"), at any time during the term of this Agreement, provided that: 18 1373\08\1183096.21 2/13/2014 2014-39 (a) (i) such assignment shall occur in connection with sale, hypothecation or other transfer of a legal or equitable interest in the Property or a portion thereof, including any foreclosure of a mortgage or deed of trust or a deed in lieu of foreclosure, or in connection with formation of a new entity which is the assignee and in which the Land Owner is a partner, member or other form of co-owner, or (ii) such assignment results from the formation, by Land Owner, of a new legal entity, in which Land Owner has an interest, which will own all or a portion of the Property; and (b) the Assignee demonstrates the following, to the reasonable satisfaction of the City Manager: (i) the ability to perform or secure any public improvement obligations required by the City in connection with the Project or other interest being transferred, as identified in the conditions of approval or elsewhere in the City Approvals; (ii) the financial capabilities to meet the obligations of this Agreement as they relate to that portion of the Project assigned to Assignee; and (iii) its expertise in managing projects similar in size to the Project or other interest being assigned. The City shall give the Land Owner written notice of its satisfaction or dissatisfaction with the proposed Assignee within thirty (30) calendar days of receipt by the City of the information the City requires pursuant to this Section. The City's failure to timely communicate to Land Owner its approval or disapproval shall result in City being deemed to have approved. The City shall, to the extent permitted by law, treat all such information as confidential and proprietary, to be made available solely to City officials and staff required to review it in order to carry out the purposes of this paragraph. 8.2.2 The Land Owner shall give the City notice of any such assignment, and the Assignee shall provide the City with notice acknowledging its acceptance of its obligations hereunder as a successor in interest to the Land Owner. Upon such assignment, the acceptance thereof by the Assignee and provision of the required notices to the City by both the Land Owner and the Assignee, the Land Owner shall be relieved of its rights and obligations hereunder to the extent that such rights and obligations have been specifically transferred to and accepted by the Assignee. Only upon compliance with all of conditions set forth in this Section 8.2 shall there be an assignment hereunder(the "Assignment"). 8.2.3 Each Assignee acquiring all or any portion of the Property, and thus becoming an Assignee of the rights and obligations in this Agreement to the extent of such property acquisition, shall be entitled to each and all of the rights, and be subject to each and all of the conditions and obligations, set forth in, and established by, the City Approvals. Subsequent to an Assignment under this Section 8.2, all references in this Agreement to "Land Owner" shall mean and refer, instead, to the Assignee as such references pertain to a portion of the Project acquired by the Assignee. 8.2.4 Upon Assignment and approval of that Assignment as provided in Section 8.2.1 above, such Assignee shall be entitled to all of the rights and be subject to all of the obligations as set forth in this Agreement, as such rights and obligations apply specifically, either wholly or pro-rata, to that portion of the Project to which Assignee has acquired an interest as the result of such Assignment. Such rights and obligations shall include, by way of example only, the obligations concerning Impact Fees and the rights concerning waivers and refunds, each and all as they apply to that portion of the Project so assigned. Any default by the Land Owner in the terms or conditions of this Agreement or in the City Approvals, existing at the time of assignment of any of its rights and obligations hereunder, shall remain the obligation of the Land 19 1373\08\1183096.21 2/13/2014 2014-39 Owner, unless the Assignee expressly accepts such obligation and the City expressly approves the assignment of such obligation. Any default by the Assignee in the terms or conditions of this Agreement or in the City Approvals, occurring after the time of assignment of any rights and obligations of the Land Owner to the Assignee, shall be solely the responsibility of that Assignee, and shall not be deemed to be a default by either the Land Owner or any other Assignee and shall not affect the rights occurring to any other portion of the Property pursuant to this Agreement or the City Approvals. 8.3 Release Upon Sale or Completion of Development. At such time as: (a) any single dwelling unit is sold to an individual homebuyer member of the general public; or (b) within a single phase, as described in Section 3.10.2, all on-site and off-site construction is completed in compliance with the City Approvals, and the final inspection or its equivalent is approved by the City for all structures within that phase, then such individual dwelling unit or phase, as applicable, shall be deemed released from all of the restrictions and obligations of this Agreement and shall thereafter be forever conveyed free and clear of the provisions and obligations contained in this Agreement. The release of any dwelling unit or phase, as applicable, from the restrictions of this Agreement shall not otherwise amend, modify, invalidate, release, or terminate the rights and obligations of the Land Owner or any Assignee under this Agreement as to the remainder of the Property subject to this Agreement and not deemed released in accordance with the first sentence of this Section 8.3. If reasonably required, the Parties shall execute such further assurances as may be necessary to confirm the release and termination of the restrictions contained in this Agreement ARTICLE IX MORTGAGEE PROTECTION 9.1 Mortgage Protection. This Agreement shall be superior and senior to any lien placed upon the Property or any portion of the Property after the date of recording of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement (including, but not limited to, City's remedies to terminate the rights of Land Owner (and its successors and assigns) under this Agreement, to terminate this Agreement, and to seek other relief as provided in this Agreement) shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 9.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 9.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements on the Property, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements on the Property other than those uses or improvements provided for or authorized by this Agreement, or otherwise under Applicable Law. 20 1373\08\1183096.21 2/13/2014 2014-39 9.3 Notice of Default to Mortgagee. If City receives a written notice from a Mortgagee, Land Owner or any approved assignee requesting a copy of any Notice of Default given Land Owner or any approved or permitted assignee and specifying the address for service, then City shall deliver to the Mortgagee at Mortgagee's cost (or Land Owner's cost), concurrently with service to Land Owner, any notice given to Land Owner with respect to any claim by City the Land Owner is in Default under this Agreement, and if City issues a Declaration of Default, City shall, if so requested by the Mortgagee, likewise serve at Mortgagee's cost(or Land Owner's cost) notice on the Mortgagee concurrently with service on Land Owner. Each Mortgagee shall have the right, but not the obligation, during the same period available to Land Owner to cure or remedy, or to commence to cure or remedy, the event of Default claimed in the Notice of Default or Declaration of Default, and City will accept such cure or remedy as though performed by Land Owner. 9.4 No Supersedure. Nothing in this Article IX shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision improvement agreement or other obligation incurred with respect to the Property outside this Agreement, nor shall any provision of this Article IX constitute an obligation of City to the Mortgagee, except as to the notice requirements of Section 9.3 above. 9.5 Mortgagee Protection. The Parties hereto agree that this Agreement shall not prevent or limit the Land Owner, in any manner, at Land Owner's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing may require certain interpretations and modifications to this Agreement and agrees, upon request, from time to time, to meet with the Land Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof,including, without limitation the purchaser at a judicial or non-judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of foreclosure (also deemed a Mortgagee) on the Property shall be entitled to the following rights and privileges. ARTICLE X NOTICES 10.1 Notices. Notices, demands, correspondence and communications between City and Land Owner shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express or DHL to the offices of City and Land Owner indicated below, provided that a receipt for delivery is provided; or (c) sent by registered or certified mail, or express mail, return receipt requested, with postage prepaid. City: City Manager City of San Bernardino 300 North "D" Street, 6th Floor San Bernardino, California 92418 21 1373\08\1183096.21 2/13/2014 2014-39 With copy to: City Attorney City of San Bernardino 300 North "D" Street,6th Floor San Bernardino, California 92418 Land Owner: Executive Director Housing Authority of the County of San Bernardino 715 East Brier Drive San Bernardino, California 92408 With Copy to: Goldfarb & Lipman LLP 1300 Clay Street, Eleventh Floor Oakland, CA 94612 Attn: Barbara Kautz Any Party may change its mailing address at any time by giving written notice of such change to the other Party in the manner provided herein at least ten (10) days prior to the date such change is effective. All notices under this Agreement shall be deemed given and received on the earlier of the date personal delivery is made or on the delivery date or attempted delivery date shown on the return receipt or air bill. Counsel for a Party may provide notice for each Party with the same force and effect as if notice were given by the Party. ARTICLE XI MISCELLANEOUS 11.1 Third-Party Legal Challenge. 11.1.1 Actions of the Parties. In the event of any legal action, claim, or proceeding instituted by a third party challenging the validity of any provision of this Agreement, the City Approvals, or the Subsequent Approvals ("Third Party Challenge"),the City shall actively defend against any such action or proceeding, including taking all reasonable measures to protect the enforceability of the Agreement. The Land Owner shall pay all actual, reasonable legal expenses associated with such defense. The Parties shall cooperate in defending against any such challenge. The City shall consult regularly with the Land Owner regarding such defense and shall notify the Land Owner of any significant developments relating to the action or proceeding. During the entire course of any such challenge, including any review up to a court of final jurisdiction, this Agreement shall remain in full force and effect. Under no circumstances shall Land Owner be required to pay or perform any settlement arising out of a Third Party Challenge unless the settlement is expressly approved by Land Owner. 11.1.2 Invalidity. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unlawful as the result of a Third Party Challenge, the Parties shall use their best efforts to cure any inadequacies or deficiencies identified by the court 22 1373\08\1183096.21 2/13/2014 2014-39 in a manner consistent with the express and implied intent of this Agreement, and then to adopt or re-enact such part of this Agreement as necessary or desirable to permit implementation of this Agreement. 11.2 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 11.3 Applicable Law/Venue/Attorneys' Fees and Costs. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Bernardino, State of California. Should any legal action or arbitration be brought by either Party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and such other costs as may be found by the court, including without limitation costs and fees that may be incurred on appeal. The costs, salary, and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys'fees" for the purpose of this Agreement. 11.4 Further Assurances. Each Party covenants, on behalf of itself and its successors, heirs, and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement. 11.5 Severability. Except as otherwise provided herein, if any provision of this Agreement, or the application of this Agreement to any person or entity, be held invalid or unenforceable, the remainder of this Agreement, or its application to persons or entities, shall not be affected except as necessarily required by the determination of invalidity, and each term of this Agreement shall be valid and enforced to the fullest extent permitted by law unless amended or modified by mutual consent of the Parties, except if the effect of such a determination of invalidity is to deprive a Party of an essential benefit of its bargain under this Agreement, then the Party so deprived shall have the option to terminate this entire Agreement based on such determination. 11.6 Nondiscrimination. Land Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the development of the Property in furtherance of this Agreement. The foregoing covenant shall run with the land. 11.7 Land Owner Right to Rebuild. City agrees that Land Owner may renovate or rebuild a development located on the Property within the Term of this Agreement should it become necessary due to natural disaster. Any such renovation or rebuilding shall comply with the Applicable Law and this Agreement. 11.8 Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement. 23 1373\08\1183096.21 2/13/2014 2014-39 11.9 Agreement is Entire Understanding. This Agreement is executed in one original, which constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties, or representations are superseded in total by this Agreement. 11.10 Interpretation. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement. 11.11 Recordation of Termination. Upon termination of this Agreement, a written statement acknowledging such termination shall be executed by Land Owner and City and shall be recorded by City in the Official Records of San Bernardino County,California. 11.12 Signature Pages; Execution in Counterparts. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages in counterparts which, when attached to this Agreement, shall constitute this as one complete Agreement. [Signatures on the Following Page] 24 1373\08\1183096.21 2/13/2014 2014-39 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF SAN BERNARDINO, HOUSING AUTHORITY OF THE COUNTY a municipal corporation and charter city OF SAN BERNARDINO, a public body, corporate and politic By: By: Allen J. Parker , City Manager Daniel J.Nackerman, President/CEO Dated: Dated: ATTEST: By: Georgeann Hanna, City Clerk Dated: APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: - ..1 • (� � r 1110 Date I: X11 25 1373\08\1183096 21 2/13/2014 2014-39 STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On , before me, Notary Public, 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On , before me, Notary Public, 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public 26 1373\08\1183096 21 2/I3/2014 2014-39 • EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY All that property in the City of San Bernardino,County of San Bernardino, further described as: Real property in the San BernardinoCounty of San Bernardino, State of California, described as follows: PARCEL A: (APN: 0147-211-01-0-000 THROUGH 0147-211-04-0-000) LOTS 11, 12, 13 AND 14, IN BLOCK 42, RANCHO SAN BERNARDINO,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2 RECORDS OF SAID COUNTY. EXCEPTING THEREFROM A PARCEL 150 FEET BY 150 FEET IN THE NORTHWEST CORNER OF LOT 11; AND THE EAST 300 FEET OF LOT 14. PARCEL B: (APN: 0147-181-33-0-000) THE WEST 40 FEET OF PARCEL 1 OF PARCEL MAP NO. 14951, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON MAP ON FILE IN BOOK 185, PAGES 85 AND 86 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: (APN: 0147-181-35-0-000) THE WEST 40 FEET OF PARCEL 2 OF PARCEL MAP NO. 14951,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON MAP ON FILE IN BOOK 185, PAGES 85 AND 86 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY A-1 1373\08\1183096.21 2/13/2014 2014-39 EXHIBIT B CONCESSIONS PURSUANT TO DENSITY BONUS LAW 1. A twenty-five percent (25%) maximum density bonus is granted to increase the maximum density of the mixed-income non-senior units from twelve (12) to fifteen (15) units per acre, and a fifty percent (50%) maximum density increase is granted to increase the maximum density of the senior units from twelve (12) to eighteen (18) units per acre, for a maximum of four hundred eleven (411) dwelling units in the Project. Density shall be calculated for the overall Project rather than for each separate phase of development. 2. Three concessions are hereby granted, as described below: a. Private Open Space. Dwelling units with private patios that are smaller in area than those required by the City's zoning ordinance as shown in the table below. Concession#1: Private Open Space requirements. Unit Unit Unit Description Unit Size Required: Provided: Private Type Private Open Open Space (sq Space (sq ft) ft) 1 BR Al 1 BR—seniors 576 sqft n/a* 102 A2 1 BR flat—singles/couples 618 sqft 155 104 B1 2 BR flat(accessible) 813 sqft 203 105 B2.1 2 BR townhouse (2 story) 998 sqft 250 269 2 BR B2.2 2 BR townhouse (2 story) 997 sqft 249 282 B3 2 BR flat(senior building 1,088 sqft n/a* 154 manager unit) Cl 3 BR townhouse(2 story) 1,241 sqft 300 267 C2 3 BR townhouse(2 story 1,234 sqft 300 294 3 BR accessible) C3.1 3 BR townhouse (3 story 1,458 sqft 300 308 20' wide) C3.2 3 BR townhouse (3 story 1,455 sqft 300 308 20' wide) C4 3 BR shop house (3 story 1,614 sqft 300 200 25' wide) 4 BR D1.1 4 BR townhouse 1,478 sqft 300 289 D1.2 4 BR townhouse(accessible) 1,478 sqft 300 289 *Part of Senior Building—Private Open Space requirements do not apply. B-1 1373\08\1183096.21 2/13/2014 2014-39 b. Parking Requirements. Parking for the Project as shown in the table below. Concession#2: Parking: Residential Parking Proposed ott-street Total on- Unit Type #of units off-street uncovered Total off- street Total Residential covered pkg pkg per street parking Parking Parking per unit unit parking (private proposed Ratio proposed proposed proposed streets) (spaces/unit) Senior 73 0.0 1.0 73.0 3 76 1 Bedroom 57 0.0 1.0 57.0 57 2 Bedroom 137 2.0 0.0 274.0 274 3 Bedroom 133 2.0 0.0 266.0 266 4 Bedroom 11 2.0 0.5 27.5 28 unassigned spaces 28.0 190 218 Total 411 725.5 193 919 2.23 Non-Residential Parking Area(sqft) Parking Parking Parking required Required Spaces per use Proposed Recreation and Community Centers 93,350 sqft TBD* 129 I space/ Administration Building 7,387 sqft 250sgft 30 7 Existing Central Shop, 1 space/ Maintenance Bldg, 18,394 sqft 1,000 sqft 18 4 32 Community Garden Bldg Total 168 *The unique program of the existing community center does not fall under any existing parking requirement category for the City of San Bernardino. Further discussions with the city are needed to determine the required parking standards for this program. B-2 1 373\08\1 183096.21 2/13/2014 2014-39 c. Setbacks. Reduced setbacks shown in the table below. Concession#3: Setbacks. RM (Residential Medium) Required Provided Zone Front Yard 20"-0" min. (25' avg) 16'-9" min. Side Yard: 2 story 10"-0" min (+1' per 15' wall length) 6'-3" min. Rear Yard 10"-0" 10'-0" min. Distance between Buildings 20"-0" 6'-10" min. B-3 1373\08\1183096 21 2/13/2014 2014-39 EXHIBIT C CURRENT PROCESSING FEE SCHEDULE :: ` 1; �': SCHEDULE: OF FEES '''''..4'. ' NR s . Building&. Safety Division; '�x3 � N community T evel"opincnt Depar,trnelit: #b � a' 3-06N orthl?Street';San9erruritnq CA!9241t CITY OF Ph.(909)i 384 S07t? Pex: (909):3845080; Sail Refita�'( �o V>cbsite: vrvrvr sbcity org I. Plan eview'and,Building R Pe rinits Fees• . The.plan review and building permit fees,applicable to butliling constru4tion projects in the Cityiof Sari Bernardino arse provided in the followingtabaes. "hese fees-are•Collected to"Cover'the costs ofiheeplan,review: and building inspection.services.provided:as,part otthe buil''dingtpermit process: These fees dornotin'cliideDevelopmintTmpact Fees School Fees ;l ngineering Division Pees;Plannitig Division:Fees.,,Water-D.epartmentFees,Health Department Fees,or:other fees'.collected for other purposes, unless notedlotherwise A.Determining PlanR..e::vieva.Fees In'order to determine the Plan Review 1±'ee for a project the>fo1lowing procedure shout ct be followed 1. .Plan,Review Dep o,sit(all•except l•and;2 family dwellings)?• .a.)`Identify;the Construction:CostFacior in Table•2 based'On the building's occupancy group i (use).ai'd type of:construction then multiply thir factor by the's41.*e'foatage•ofthe Use, The reutt',0 the valuation:of the constr'uctioii. II'the building contains mixed.tises,compute the valuation of each distinct use and-add the:valuations-together`to getthe total'valuation of'the building,, •b.);Find the appropriate valuation range in the;t;eft hand column Of Table 3;that corresponds to the total:valuation.: Select the appropriate colwnn(reeldentialor commercial):to.detern ine the plan,review,deposit fee, 2. :Total Plan Review Fees: The Total,Plan It.eviewFee is the stinl::ofthe following fee'components,when applicable: Total=Plan Review':Deposit +Expeditious Plan Review+E/P1M Plan Review+Energy • Plan Review 1:Fire Plan Review+Accessibility Plan Review +Zoning Review` 3: }I'ourly Plan Review Rate. Tlie•hourlyrate for in-house plan review is$94:15. When expeditious review ii requestedby the applicant and performed by an outside vendor,any plan review billed hourly shall be at the vendor's.prevailing hourly rate,which is typic ally higher than the City rate. 4. One&Two Family Residential Construction:—Plan Review Plan revi ews of new single-family and duplex r esidential construction,.additions or alteration thereto,will be performed at the hourly rate. Repetitive tract:housing units will be billed at one hour. The plan review deposit for new l oc 2 family dwellings is equal to 5 hours. The deposit for additions is equal to 3 hours. C-I 1373108\1183096.20 12/9/2013 2014-39 B, Determining Building Permit Fees 1. Single-family Residential Construction A. Additions Additions without a bath or kitchen: 81.39 per sq.ft. - Additions with a:bath or kitchen: $1,54 per sq.ft. Minimum'fee:for additions:: $300: -'Maximum fee for additions up.to 1200 sq.fir $1166 - The fee for additions over 1200 sq.ft.is as indicated in Table 133 B. New.Single-family Honies(constructed in,phases of live or more homes): Referto Table 1A. C. New'Single-family Infill'or Custom Homes Refer to:Table.jB • 2, Commercial,Industrial,and Multifamily Basic Building Permit I+"ees The basic building permit fee is listed in the2:ni1 column of 3: Tidal BuildingPetm it.Fees Tlie Total Bttildnig Permit Fee is the stun of the following fee components,when applicable: Total=. Basic,Bnilding Pennit Fc'e•4-Issuance Fees.I-Elcc/li g/Mech Permit Fees+ Certificate of Occupancy Fee+SMIL*Foes-1-"Cultural Development Impact Fee,F,Archive Fee+Technology Fee c.smir=Strong Motion lbsnumentation Program Fees) BUILDING VALUATION DATA The Connnut tty Development'Department uses the following cost'factorS(dollars per,square foot)to determine project valuation:undct;Section 304.2 of the Uniform Administrative Code es adopted by the City of San Bernardino.Plan check.and building permit fees for occupancies otherthan single-family residences are based on value of the project pet Section 304.Valuation of<a project a detemiiued by the Building Official.The cost Factors containediiiTable 2 are used to calcuhttc braiding valuation,which intuni is'u Used to determine permit and plan check fees in:Table 3.Valuation may or may not have a resemblance to actual square foot cost of a project. Inmost cases the costs indicated are below market rates compared to a bid, contract price,assessed value or sales price. The use of these cost factors by the City simply assures consistency and uniformity in the amount of fees collected for projects of similar size,construction,and occupancy. .s/fees/scItc,I fit.i■f ices (reviscdSept.3,2008) Page 2 C-2 1373\08\1183096.20 12/9/2013 2014-39 • B. Determining Building Permit Fees 1. Single-family Residential Construction A. Additions - Additions without a bath or kitchen: $1.39 per sq.ft. - Additions with,a bath or kitchen; $1.54 per sq.ft. Minimum fee for additions: $300_ - iMaxiumum fee for additions up to 1200 sq,ft.: $1166 - The fee for additions over 1200 sq.ft.is as indicated in'fable lB B. New Single-family Tract Hotnes.(constructed in phases of five or more homes); Refer to:Table lA C.New Single-family Will or Ctfstom.Homes -Refer to Table:113 2. Comm'ercial',Industrial,and Multifamily Basic Building?erniit Fee: The basic building permit fee is,listed in the 21 a column of Table 3. Total Building Permit-Feet The Total Building Permit Fee is the sum of the following fee components,when applicable; Total= Basic Building;Permit Fee+IssuanceFees+Me Pllig/Mech Pennit Fees+ Certificate of'Occupancy-Fee+SHIP Fees li Cultural Developmentlmpact Fee+.Archive . .Fe +Technology Fee (°ts P-Strobg1401lottinstrunantalionPrognontees) BUILDING VALUATION DATA The Community Development Department uses the following cost factors(dellars per square,foot)to determine project valuation under Section 304.2 of the Uniform Administrative Code as adopted`by the City of an Bernardino:Plan check and building permit fees for occupancies dietitian single-family residences are based on value of the project per Section 304.Valuation of a project is determined by the Building Official.The cost factors contained in Table 2 are used to calculate building valuation,which in turn is used to determine permit and plan.check fees in.Table 3.Valuation may or may not have a resemblance to actual square foot cost of a project. In most cases the costs indicated are below.market rates compared to a bid, contract price,assessed value or sales price. The use of these cost factors by the City simply assures consistency and uniformity in the amount of fees collected for projects of similar size,construction,and occupancy. :lfees%schedule of foes (revised Sept.3,20D8) Page 2 C-3 1373108\1183096.20 12/9/2013 2014-39 Ta15Ie:2(contitntcd), OU)crC0$tS. uNttCONSLRUCTIOyCOST ` BLOCK WALLS: -4'high $30.00/1n.ft 5'high $37:00/In.ft. -6'high $44.00/In.ft. other '17:35/sq.ft. DEMOLITION (valuation=contract price) (valuation;=contract•price),. DRYWALL FIREPLACE $I3.00/sheet $3000.00:ea.a. PATIOS,PORCHES $19.65:/,sq.ft. PATIO SLAB:ONI Y WITH T'O.OT1NCi $6 45 /sq,'.ft PATIO t OV]R ONLY $1.3.10/sq.ft., REROOF;IN0.(1 square=100 sq.ft) Built-up. $21•0:.00/square • Composition Shingles. $165.00/square. Shake or Tile 'Resheathing $320:00'./square $ .96.00/'square. SIGNS: (by valuation) SIDfNCr Pia ERIO?,. STUCCO: $4 44•fsq.;(t.. . 'SWIMMING-POOLS ANl)SPAS=GUNITE (valuation=contract price) -MANUFACTURED.AEOUI,GROCIND POOL/SP $1l/$75 TENANT IMPROVEMENT T (ilht 3(P✓of cost per square floe) 30°00 WINDOWCHANGE OUTS(per window) $370:OO ca,, *Deducts20%for shell only buildings: Use 30%for tenant•hnproveitiants. s:/fees/schedule of fees. (revised Sept.8.2005) Page 6 C-4 1373\08\1183096.20 12/9/2013 2014-39 TA.BLE:3' PlAan 't1cr%iew a nc1 Bu ldinng.Permm it Fees;. Coinmolcial Y1ldustrial,and MultifunilyResideintial Oecupand es Not6. The f allowing table prov,idesbasic pemtit and plan review lees'Imed on.valitrition b r cdnmtercial indu,ytrinl,and , utulutamilx residential occupancies•;.Additional lees,for}sermitissuape.. electrical plumbing,mechanical development impacts sewercaptcity,'sc.hoolszet taa ap ly; h T01AL Bldg' .Plan Sub :101AT Bl■g., i•1ii6 Sub VALUATION'(5) Permit . 'Review . 'rot.ti' VALUATION(.S). Pern it I2eviow I ee Total• I'ee rice r"' 1. Iee' 1,00- - 500 60:00 14.25 74:25 _ 501 - 600', ,60;00 • 16.15 76115 , •601 700 60.00 18.05 78.05 ,�fi i.> i 701 - 800 60100 19.95 7995 '. ; Si.:80.1 - 900 60.00 •21.85 81.85 .,7,.r. „ ;$ , , t '' 1,000 -60:00 23.75 83.75 .>;; 901. ,.; F 1,001 1,100; 60500 , 25 65 785165'65 30,001.-31,000 '2 _ .291.00 76.45 56745' •.1,101 - 1,206 •60.00 27.55 87.55 31,001-32;000 •297;50 222.633 5801,3 1,201 - 1,300 60100 .29.45, 89:45 32,001-33;000 . 304:00 288:80 592.80 • 1,301' - 1,400. 60:00 31.35 •91.35 33;001--3=1,000; 310.50 . 2908 605:48 - 1.,401 • 1,500 60:00 •33,25 93.25 1001-35,000: 31•00 301,15 618,-1'5 :1;501 - 1,600 •60.00 ':35::15 9515 35;001-36,000 323.50• 307:33 630`:83 .1,601 - 1,700 60.00 37.95 97,05 36,001-37,000 330;00 313.50 643,50 1,701 - 1.,800. - 60;00 •-38.95 98;95 •37;001-138;000 336.$0 319.68 656.18 1,801 - 1,90(8 60,00 1 40;85 10085. 38;001-39;000 '343;00 -325:85 668..85 1,901 = 2,000 60.00 4275 10275. 39;001-40,000 349,50 33250 68200 .., ,40,001-41,000 356.00 338:20 694:20 • ,;. ,• 41;001.-42,000:._ .362,50....... .344,38.. ,..706.88 .. •2,001 - 3;000 60.00 ,51'.30 111.30• '42;001,--43;000 369 00 350:55 - 719.55 s,001--4;000, .63:00 :.59•85 •-122.85 43;001-44,000 1_375.50- • 35633 732.23 • •4,001- .5.,000 12100 '68.40' •1.40.0 •-44;001=-45;000 382.0.0 '362:90 744;90 :5,001-6:000 81.00 76.95 .157.95. ,45,001-46;000 '388,50 :36908 757;58 6,001 7000 90:00 85.50 ,175 50 46,001-47000 '395.00 .375.25 . 770 25 1001- 8,000 99;00 94.05 193,06„ 47,001-43,000. 401.50 '38143 . 782.93 '8,001 9;000 •108 00 102.60 210.60 •48,001 49;000 408.50 387160 •796:10• 9,001-10,000 ..117.00 •111.15 228.15 '49;001-50,000 414.50 39138 808.28. 1.0;0.01•11;000 126,00 . :119.70 245.70 •50,001-51,001 4.19.50 398;05 8111-55 • 11;001-12,000 13100 •:128:25 26125 51,001-52;000 423.00- ' :401.33 825.33 .72,.001-13,090 . _144.00 ;.136 80 28080 52,001-53,000:. 428.00 .40640 834:60 ;13,00.1,.-14000 153.00 :•145,35 296.35 53-001--54;000 432.50 410,88 843.3,8 - 1'4,'001-15,000 16100 .153.90. 315,90 '54;001-55,000 437;00 4'15;15 85215 1:5,001--16;000 171-00 162.45 333.45 55,001-56,000 441.50 419.43 860.93 16,001--12,000 18(100 •171.00 351.00 '56,001 57;000 446.00 423.70 869.70 • 17;001-18,006 189.00 179.55 .368,55- ;57;001-58;000 450.50 427198 87248 18,001-19,000 198.00 188,10 386.10 ..58;001.--59;000 455.00. .432:25 887.25 '19i-Q01:-2%000 207.00 196.65 403.65 59;001--60,600 459.50 436;53 896,03 20;001 21,000 216;00 •.205.20 421.20 60,001-61,000. 464.00 440.80 904:80 21;001:-22,000 •22500 .21.3.75 43875 61,001-62;000 -468,50 445:08 913.58 • 22;001-23;000 •234:00 .222.30 456.30 62;001-63,000' 47100 449:35 92235 23,001-24,000 243.00 230.85 475-.85 63,001-64;000 477.50 453;63 931..13 24;001-25,000 25200 239.45 491.45 64;001--65;000 •42200 45290 939:90 • 25,001-26,000 258.00 245.10 501.10: 65,001-66;000 486.50 46218 948.68 • 26,001-27,000 265:00 25135 516.75 '66,001--67,000 49 Loa 466.45 957.45 27,001--28;000 271.00 257.45 •528.45 67;001-68,000 495.50 470-73 966.23 28;001--29,000 278.00 264.10 542.10 68;001-69;000 500.00 475:00 975.00 29,001--30;000 284:00 269.80 553 80 69,001-70;000 504.50 47928 safces/schedule of fees (revised Sept.8,2008) .Page 7 C-5 1373108\1183096.20 12/9/2013 2014-39 TOTAL, ,` 131r1g. Nan Sub • COT°],• , Bldg: Plan Sub" VALLAL100(y) Permit" •ltevie*r Total VALUAx'10■(5) Permit Review 1.'ee 'la tal: ' Fee Fee Fee 70,001-71,000 509.00 483.55 992.55 120,001-121,000 713.00; 677:35 1390.35 71;001:-72,000 513 50 487.83. 1001.33 121,001-122;000 716.50 68068 159713 72,001--73,000 518.00 492.10 1010.10 .122,001- 123,000 J72000 684:00 1404:00 _ 7,:3,001,-74;000 .512:40 ,496.38' 1018:78 123,001-124,000 723.50 687;33 1410.81 74;001-75,000 527.00 500.65 1027:65 124 x01-125,000 727.00 690.65 1417.65 75;001•-76,000 531.50 504.93 1036.43 ;125,001-126,000 '730:50 693.98 1424.48 76,001-77,000 536.00 50920 1045.20 126,001-127;000 734:00 697.30 1.43130 77,001,-78;000 54640 513.38 1053.78 , 127.071)1-128,000 747.50 ' 700:63, 1438,13• 78,001?-79;000 545.00, 517,75 1062.75 128,001-129,000 741.00 70195 1444.95 79;001-30,000 549,50 •.522.03 1071.53 129,001-130,000 744.50 707.28 1451.78 80,091.--81,000 554:00 •.526.50 1080.50 130,001 131 ,000 748.00 719.60 -1458,60 " 81;00Y-81;000 55850 '530.58 108908 131,001-132;000 751.50 713:93 1465.43 82;001-83,000 ;56300 534:85, ;1097.85 132,001-133,000 755:90 . .717,25.•_ 147125 . 83,001;-84,000 567.50 539..13 1506.63 13,001 134000 758,50' 720158 1479,08; • 84,901-85,000 572 00 5:43.40 '1115.40 .1.34,00,1 -1:35,000 76200 723:90 148590 85,001'-86;000 57600 '`.547.68 112168 135,001-136,000 765.50 727.23 1492.73 :86001-87;000 581.00 551.95 `1132.95 116,001-,137,000 769:00 730,-55 •1499;55 :814001.-88,000 585.00 556.21 1141.23 .137,001-138;000 772.50 13188 150638 88,001 .:89,000 59600 560;56 ,115050 138,001-139,000 17606 737`.20 1613,20 89,901-90;000 •5945o ;$04,78. 1159.28 139001 140 000 779.50. 74653 1520 0S '..?4 rt J,%?rK ,i„ :.^`` ... ..:¢ . g .., . . .6l,1.:. . n : ' ,, j,-_'. ' .? ; 3i�".:n2'90,001 91,000 , 59900 569.05 1168,05 •140,001-141,000 783"00' 74385 152685 91,001-92;0001 603.50 ;.573:33• 1176.83 141,001-142,000 78650 74718 1333.68 92,001.-93,000 608.50 '577.60 1136.10 , ;1.42,001-.143,000 79006 '75050 1546.50 .93,0011 7.94,000 61.250 •581:88.. 119438 143;001-144,000 793.50 1753 83.. . 154733 _,. 94';001-95;000 017:00. 586.15 1203.15 144,001-145,000 797,00' 757:15 15.5415 • 95,001-96,000. •62430 590..43 '1211.93 145,001 146,000 800.50 76098 1560,98 96;001,-97;000 626,00 •.594.70 1220.70 146,001-147,9,00 894.00 163:80 1567;180 97,001-.,98,000 63650 `398,98: 1229.48 :147,001-148;000 807.50' 767.13 :15.74;63 98,001-99,000 635.00 603,25 1238.25 ,148,-001 -149,000 .811.00" 170:45 153145 ,,• 99 001 t06630 639.50 :'661,..5.3. :.1241.03 149001 150;000 814.50- 7.7..3',1$ 158$....7$, 100,001 .101.,000 643.00 :610.85 1253.85 150,0001 151,000 •818.90+ 7771:0 7595.10 101,001--"102,000 646.50' '614.13 126068 151,001]52.,000 821:.50 13643 1601.93 102,001-:102,000 '650:00 ;61730 1267.5(1 <' :152,011-153,000 825:00 78175 160815 103,001-:104,000: 653,50 620:83 1274.33 •153,001-154,000 828.50 187;08 1.615.58' 704,001-105,000 .65x,00 624.15 128415 154,001-155,000 832:00 _ 79640 , 1622.40 i. 1.05,001-106,000 660.50 .627.48 3287.98 155,001-156,000 835.50 0 793':73 1629:23 1'06,001 107,000 66400 •:'630.80 1294.80 ' 156,001 157;000 839,00 797:05 163605 107,001 1983000; 667;50 634.11 1301.61 ,157,001 158,000 .342.50 800.38 1642,88. • 1.08001 109;000 ,671.00 6374.5 1.308.45 >,: 158,001-159,000 846:00 803:70 .164930 104001-.110,000 67450 64018 1315.28 i . 1.59,001-160;000 849:50. 807.03 165.6:33 • 110,001 111,000 678,00 644.10 1322.10 - 160,001 161,000 853.00 810.35 1663.35 111.,001 112000 681,50 647.43 1328.93 161,001-162,000 856.50 81368 16701>8 1'12,001.-113;000 685:00 05075` 1335.75 162,001-163,000 860:00 817:00 1677:00 1.13,001-114,000. 688:50 654,08 1342.58 163,001-164,000 863.50 820:33 1683.83 114;001-115;000 692.00 657.40 1349.40 164,001-165,000 867:00 823.65 1690.65 115,001-116,000 .695.50 660.7., 1356.23 165,001-166,000 870:50' 8.2698 _ 1697.48 116,001 117,000 699.00 ,664.05 1363.05 166,001-167,000 87400 830.30 1704.30 117,001.-118,000 702.50 667.38 1369.88 167,001- 168,000 877.50 833.63 1711.13 118,001- 119,000. 70600 670.70 1376.70 " 168,001.-169,00') 881.00 83695 1717.95 119,001-120,000 709.50 674.03 1383 53 169,001-170,000 884.50 840,28 1774.78 FOJ higher valuations use the formulas below. s:Jfces/schedule of fees. (revised Sept.8,2008) Page 5 C-6 13739)8\1 183096.20 12/9/2013 2014-39 Building Permit Fees: 1ror.valuation ranges beyond the scope'of the above table the following formulas can be used to determine the basic building: permit fee Where the valuation(it)is between$100,000.00 and$500,000.00-- $639.50 for first$100,000:01)end$3:50 per 1,0011;00 thereafter,or V-f00.020 Building Permit Fee=$639.50+( Iota )(3.50 Wbere:the valuation(V)is between$500;000.00 thru.51;000,000.00-52,039:50'for first$500,000;00 end 53.00 per 1000'00 thereafter,:or V-520,000 Building Permit Fee= $2039.50+( toga (3'.00 Where the valuation(V)is$1,000,000,00 or greater—$3,539:50.for first$1;000,000:00'and$2.d°per 1,000:06 thereafter,or Y-(, 0202 Building Permit Fee= $3539:50+( toot )(2.00 Plan.Review Tees: Tor valuation ranges beyond the scope of this table the Plan Review Pee shall be as follows; Colttmercialilndustrialand MitJtifaniily Residentiah:; 95°!0 of the calculated buiidirig.pcfttiit:fde s/fecs/scficdu le of fees. 0cviscd Sept.0.2000) Page 9 C-7 1373\08\1183096.20 12/9/2013 2014-39 Single-family Residential.R'cwite(plus.service) $.056 Apartments,condominiums per sq.ft..(plus service) $.050 Commercial buildings per sq.ft,(plus,service)' $015 'Electrical Service Up.to 200 amps $30.50 200 ampsto 1000 amps $62.15 1000 amps and over $124.30 Suhpnnels 'hemporatyPower;Poles $23:50 Mewrpole •$1:2.30 Each extension Bole(no Meter); TJnit'Scliedul•• $1.10 Reccptatles;,'lights,switches-.first 0,.eaoh $ .73 After 2A each $4175 .Range/oveti;:waslierldryer a/0 Unit,evapcirative.coolet,•each EIeett'iciiLSigtis(for electrical:work-does;not,incluile the sign;strrtcture) $24;60 Additidnalbttineh circuit withir%fm.8 sign $ 4:75 Metes'Reset $40,;04 When issded in conjUinction.with other'wvork $11::00 lEacJi adifitional meteron:Onie bssilsling of3ot $1000 Mintinuiii Teo 160:00 War Tncrgy'Systein'S_ No.Charge Prihate;$wIm?nhigPdols: 149:50 Power Apparottrs(Motoes;genet tkonSfornitu,industtial heating,:cooling or cooking•equipntent;etc) -fie to t hn : 4;75 Over 1 to.10.hp $1230 -Over 10 to.50 hp .$24.60 -Over 50:to'100 hp 149,50 -Over:100:hp $74.50 CarnivaIS,and-Circuses -Generators and'Elecitically'Driven.Rides $23.50 -Mechanically Driven.Rides,Walk dirty attractions w/e1ec.lighting $ 7.25 -System of areaboogi lighting $ 7:25 s/fcevischemAm lc of ices (revised Sept.5,2008) Page 10 C-8 1373\08\1183096,20 12/9/2013 2014-39 Plumbing fixture,each $9.80 Gas meter reset.(gauge test required) $40.00 Gas meter reset(when issued in conjunction w/other work)' $11.00 Gas meter-each additional meter on same building or lot $10;00 House sewer,each $24,65 Cesspool $37,25 Private Sewage Disposal System $74.50 Demo Septic/Pit $22.00 Water heater,each $f2;30 Repair or alteration of.drainage or vent piping $4:75 Gas piping System of 1 to 5 outlets: $6.15 Erieh,adetftional outlet over 5„per Outlet $ 1.10 .Industrial Waste,pretreatment interceptor,ekeeptkitchen type grease interceptotsfunctiOning as fixture traps,. $'19:90 Water Piping.installation,alteration oraepair $4.75 Drainage/veh(Piping $4.75 hawn;Sprin1dcr System on.any`one.meter $14.80 Rainwater systems-per;rain(itieide building) $9.80 UM'Fee $60:00 'Solarr EpergySystenis No.Charge Table..b Meeb tntcal Fees _ . FAUio 100,000 BTU $14,80 FAD over 1:00,00013TU. 11$:20 A/C'66itup to>3 tons $14.80 AX-Unit over 3 tons up to 15 tons $27.15 Twin-pack(new or replacement,includes gas.or electric) $29.60 Wall heater,floor furnace,suspended heater $14.80 Evaporative cooler $10.65 Bath exhaust. $7.25 Grease hood and duct systems $10.65 Duct alter $10.65 Air-handling unit BA/AC $10.65 s:/fccs/schedule of fees (revised Sept.3,2008) Page I1 C-9 1373\08\1183096.20 12/9/2013 2014-39 Table 7 1!!obilcIomc I?a;rlc fees' Iuslallation/Set-lip $196 Earthquake Bracing Systems $196. Accessory Buildings(Cabanas,Ramadas,Patios,Blockwalls,Garages, Awnings,Carports,Porches,etc:). -Without Standard Plans Eased on valuation -With Standard Plans $196. Tees For Constr./Alteration of Mobilehome Park Facilities - for Each Lot $ 5:75 - Electrical.Fee;Park Service 514.00 Street Lights. $F 3.00 - Unittubstation/SecondaryDistribution.Transfornter $10.50 - Al ter/RrplaceSere ice or Transformer :$10.50 Mobilehome.Lot Service . Alter/repair/replace lot scrvice 47,00. .PIan;Reviesr trees- (not.charged to.Hc3 Standard Plans). ,Eased on:valuation Plumbing Fees Park Drain°System $,14:0.0 Private:Sewage Disposal or Water Treatment System $14:00 Loflarsi n.lnlet $:7.90 Alter/Repair of Drainage/Vent'Piping $;7.0(i Park WaterSystein :$ 7.00 Water Service,Outlets(v aternieters) •$.4.25 sire Hydrant:6r Riser ;$-.4,25 Water Conditioner $4:25 PiumbinbBtxlures/Equipment(alter/repair/replace) S 4:25 Park•Oas Piping System $ 7.00' LPG or:Natural G'as,Tank of 60.gal.or m ore $:700 :191obilehome Lot Gas CAttletRiser S,4:25 GayDistributioti,Ecjuipment(alte'r/repairlreplaee) $:4.25 ;Miscellaneous liquipi6dut.(cach,installati'bl) $.7:00' PcrutiflstUt ee,F'Ces(ta bein chided on,ttt.perndV) $49:90' 'SupplementalIsstanee;Fee.. '5:10:9.0 'Minitinini Perm it`Fee $60.00 Inspections—Hourly ;$94.45 Reinspection,Fee ,$94.45 Inspection Outside Normal DusinessrHours '$188.90:t$94:45/hr.beyond 2 hr Zoning:Consistency Review Fee.031dg.Permits,Demo,etc) $54:00' Certificate of Occupancy $475.98 (if included on building permit) $133:62 Strong Motion lnstrumentation Pm o,m am.(SHIP)Fees: Residential = .0001 x Valuation Strong Motion.Instrumentation Program(SMIP)fees are imposed by the State of California and provide funding for seismic monitoring and instrumentation C ralnd.-.00021 x Valuation throughput the State. (including.hotelt) Technology Fee 2%of plan.review&permit fees Archive trees - Per Penn it or Application $1.00 - Plans $2.00/sheet - Documents $.25/page s:/fect/schedule of fees (revised Sept.9,4009) Page 12 c-1.0 1373\0$\1 183096.20 12/9/2013 2014-39 rY d Engineering Division y y r I: Development Services Department `�. ` th 1 '" 330 Ncrth."p"Sreet,3.d Floor,San Bernard no,CA 92418-001 0IVv 0:ts- r1 PI ora: (909)384-5111 Fax: (939)3)451i5 an i)ernart � no Website whmr.sb_1bl.orq ENGINEERING DIVISION".SCHEDULE OF FEES Fees Effective:July,18,;200$ Base Issuance Tectiriology Archive " Type of Application Fern Fee-- roe(2%) Fee Per Total ;5iie+tl. Basic Permit Fees: -Engineering permit $4$.00 $-,90 $1.00 °$46."90 -Blanket Permit $53,0Q $1.06 .$1,00; $55.06 -Permit Extension $,41.00 $.86 $1;00 $44.86 ; Permanent Encroachment Permit $625.00 $45,00 $12.50. $1.00 $683.50 Temporary Encroachment Permit":. No,Laneelosure, $25.00 $45,00 $1.40' $1.00 $74,80 - With lane Closure(First Day)' $136.0:0 $45.00 $3.62 $1.00 $185,62 -. Each Additional Day $ 0.i 0 $1.20 $61.20 Combo Lane Clo sure:Witl Excavation. $286.00 $53.00 $6,78: $1.00. $346.78' Speccial Events Encroachment Permit: , With A Lane Closure $500.00 $45.00 $10.90 $1.00 $556.90 - With A Street'Closure $514:00 $45.00 ..$11.18 $1.00 $571.18 - Road Closure(First Day) $302.00 $45.00 $6.94 $1.00 $354;94 = Road Closure (Each Additional. $302,00 * * * $302.00 Day)' Oversize.Load Permit/Building Move . One Day Permit(State Fee) $17.00 * $..34 $1.00 $18.34 - Annual Permit(State Fee); $95.00 * $1.90 $1.00 $97.90 Hauling Permit: - First Day $393.00 $45.00 $7.86 $1.00 $401.86 - Each Additional Day $100.00 ,x $200 * $102.00 Excavation Permit(Per Day) $150:00 $45.00 $3:90 $1.00 $199.90 1 C-11 1373\08\1183090.20 12/9/2013 2014-39 ». Base issuance "Technology =Archwe Type of Application Fee Fee Feee'CZ%) Fee Lac; Total Sheet) Traffic Study Report -. Base Fee $719.00 * $14.38 - Extended Review(Per Hour) $.25 $733.63 $80.00 * $1.60 * $811.60. Final Map or Parcel Map Review: -Base,Fee $2,210.00 * $44.20 $2.00 $2,256.20 =Per Lot Fee $55.00 * +2% - Each Additional Review $135;00 * $2.70 * $137.70 i Final Map.Continuance $404.00 * $8`:08 * $412,08 - Certificate of Correction(Per $97.00. * $1.94 $2;00. $100.9.4 Hour), Offs-Site Improvement Plan Check Fee/Based on Construction Cost Estimate Minimum$50.00 Charge 4% * 4'2% $2,00 On-Site Improvement Plan Check Fee/Based on Construction Cost Estimate 2% * +2% $2.00. Grading Plan Check,'fees: - 50 or Less Cubic Yards(CY) No Fee * * * * - 51-100 Cubic Yards(CY) $15.00 * $30 $2.00: $1730 - 101-1,000 Cubic Yards(CY) $22=.50 * $.45' $2,00: $24.95: -- 1,0 01-10,000'Cubic Yards (CY) $30.00 $:60 $2.0.0. $32.6.0: - 10,001,-100,000 Cubic Yards $30:00%$15.:00 +2% $2.013' (CV) additional 10,000 Cr +2% $2.00. - 100,001-200,000 Cubic Yards $165.00/$9:00 (C ) additional 10,000 +2%. $2.00 CY -; 200,001 Cubic Yards(CY)and up $255.00/$4.50 * additional 10;000 CY Four or More Plan Checks $85.00 * +2% $1.00' Review Revisions to Approved Plans $137:00 $2.74 $2.00 $141.74. Review Fee: - Certificates of Compliance $828.00 * $16.56 $.25 $844.81 - Lot Merger $828.00 * $16.56 $.25 $848.81 - Lot Line Adjustment-Single * Family/Owner:Occupied $414.00 * $8.28 $.25 $422.53 - Lot Line Adjustment- Commercial/Industrial $828.00 * $16.56 $.25 $844.81. 2 C-12 1373\08\1183096.20 12/9/2013 2014-39 Base Issuance- Technology "Archive Type of Application Fee Fee Fee(2%) Fee S Total S eet Off-Site Construction Inspection Fee/Based on Construction Cost 4% * -F 2% * Estimate On-Site Construction Inspection Fee/Based on Construction Cost 3% +2%, * Estimate Grading.Inspection Fees: - 50 or Less Cubic Yards(CY) No Fee * * * * - 51-100 Cubic.Yards(CY) $150.00 * $3:00 * $153.00 - 101-1,000 Cubic.Yards(CY) $225.00 * $4.50 * $229.00 - 1,001-10,000 Cubic Yards(CY) $300:00 * $6,00; *" $606.00: - 10,001-100,000 Cubic Yards $300:00/$100:00 * +2% * (CY) additional 10,000 CY 100,001-200,000 Cubic Yards $3Q000/$100;00 (CY): additional 10;000 * +2% CY - 200,001 Cubic Yards(CY)and up $300:00/$100:00 additional 10,000 CY * -F 2%. *' Blanket Permit Inspection(Per $73.00 * $1.46 *' $74.46 Location) Re-inspection' $59.00 * $1.18 $60:18 Bond Release Inspection $59:00 * $1,18' $1.00 $61:18 After Hours and Holiday Construction. Inspection: - .4 Hbur Minimum $369.00. * $7.38 * $376.38 - Each Additional Hour $9145 * $1.85 * $93.30 Review of Storm Water Pollution Prevention Plans(SWPPP): - Commercial and Residential $410.00 * $8:20 $.25. $418.45 Projects - Industrial and Linear $265.00 * $5.30 $.25 $270.55 (CIP/Otility)Projects Review of Water Quality Management Plans(WQMP): - Non-Categorical $80.00 * $1.60 $.25 $81.85 - Categorical without Conditions of $365.00 * $7.30 $.25 $372.55 Concern - Categorical with Conditions of $1,130.00 * $22.60 $.25 $1,152.85 Concern - Four or more Reviews(Per Hour) $99.00 * $1.98 $.25 $101.23 3 C-13 1373\08\1183096.20 12/9/2013 2014-39 , . . • . . . Base' - Issuance Technology -Archive Type of Application Fee Fee Fee(2%) Fee ia tz Total Review of Erosion/Waste Management $75.00 * $1.50 $.25 $76.75 Control Plan National.Pollutant Discharge Elimination System(NPDES). Construction Inspection: $98.00. * $1.96 * $99.96 - Less Than 10 atres $179.00 * $3.58 * $182.58 - 10 Acres or More National Pollutant Discharge Elimination System(NPDES)Business $143:00 * $2 86 $100 $145.86 Inspection: Hydraulic/Hydrology Study: - Three Hour Minimum $487.00 4, $9.74 $.25 $496.99 - Four or More Hours $100.00 * $2.00 $.25 $102.45 Temporary Certificate of Occupancy $520.00 * $10.40 $1.00 $530.25 Engineering Letter $100.00 * $2.00 $.2,5 $102.25 Street Name Change: - Plus thetost of the Sign $1,345.00 *• $26.90 $.25. $1,372.15 Sewer CapaCity Analysis: - Minimum Fee $280.00 * $5.6a $.25 $285.85 - Extended Review(Per Hour) $80.00 * $1.60 $.25 $81.85 Street Light Electrical Energy ree 70W 51800L Type A, $420.00 Each $8.10 $42840 - 100W 9,500L Type B $472,80 Eath * $9.52 $482.26 - 150W 16,000L Type C $720.00 Each * $14.40 $73440 - 200W 22,000L Type D $912.00 Each * $18.24 $930.24 Billing Fee $59.00 * $L18 $.25 $60.43 Street or Alley Vacation - Deposit $1,000.00 * $20.00 $.25 $1,020.25 • Balance Due Prior to Processing $1,000.00 * $20.00: $.25 $1,020.25 Dedication of Right-of-Way(Each):. - If Legal and Map are Provided $315.00 * $6.30 $.25 $321.55 - If City Prepares Legal and Map $800.00 *: $16.00 $.25. $816.25 Private Party Annexation Request $14,750.00 * $295.00 $.25 $15,045.25 City Property Lease Processing $2,100,00 * $42.00 $.25 $2142.25 4 C-14 1.373\08\1183096 20 12/9/2013 2014-39 Base Issuance Technology, Archive ;Type of Application _ Fee Fee Fee(2%) Feeds Total '' = She Z Community Facility District Verdemont Area Only $7,010.78/Lot $140.22 $.25 $7,151.25 — Residential in Lieu Fee $386.43/Lot $7:73 $.25' $394.40 — Residential if in CFD 2009/2010. $48,975.34/Acre $979:51 $.25: $49,954.46 — Industrial/Commercial in Lieu $2,699.48/Acre $53,98 $.25 $2,753.72. Fee: — Industrial/Commerciai if in CFD $5,900 $1.18.00. $.25 $6,018.25 2009/2010• - CFD Formation Fee Assessment District $5,900 $118.00 $.25 $6,018.25 Outside City Sewer Service Permit $1,300.00 $45.00 $26 $1.00 $1,327 • Archive;fees,are.$1.00per permit;$2.00 per plan sheet and$.25 per document. Total archive fee will vary base on.the e. total number of case file documents. FEES FOR DOCUMENTS&MAPS Account#001-000-9710 Documents The General Plan, Development Code, and other documents are available on the City's' web page: wwttisbcitv.orq,.select Departments and Development Ser Iceland Planning: Maps Maps are available in the General Plan located on the City's web page:www,sbcitv.orq,.select Departments and Development Services and Planning. Copying Photocopies ........... . ... .... ........,........ 354.first page,,plus?154 each additional page 5 C-15 1373\08\1183096.20 12/9/2013 2014-39 rt r Planning Division community Development Department Okn , 300 North"D"Street,3'd Floor,San Bernardino,CA 92418-001 Phone: (909)384-5057 Fax: (909)384-50130 T.ve c5 San Bernardino Website: wwwsbcitv.orq PLANNING DIVISION SCHEDULE OF FEES Fees Effective:January 2009 - :::.,r..� . .:..Base � `,'-: Technology- ,ArcBive-' •= Type of Application Fee Fee Fee Total Amendment to Conditions: Director review(DPi) $583 $11.66 $8.00 $602.66 -DJERC review(DP2) $822 $16.44 $8,00 $846.44 -Planning Comm.Review (CUP/DP3/SUB) $2,550 $51 $8.00 $2,609.00. Antenna Development Permit(DPi) $2,938 $58.76• 11.25 $3,008.01 - Appeal to Mayer&Common Council' -Non-applicant,City resident $177 $3.54 $2.00 $182.54 $1,766 $35.32 $2.00. $1,803.32 -All:others Appeal to Planning Commission -Non-applicant,City resident. $278 $5,56 $200 $285.56 -All others. $2,772 $55.44 $2.00 $2,829.44 Conditional Use Permit -Alcohol outlet in existing building $3,858 $77.16 $12.00 $3,947.16. -Commercial&Industrial(non-residential) $7,133 $142.66 $12.00 $7,287.66 -Residential(Condo,HMOD,Guest House) $2,809 $56.18 .$12,00 $2,877.18 -Revision $2;.113 $42.26 $12.00 $2,167.26. Design Review Full Consultant Cost Development Agreement or Agreement Direct Cost +2% Amendment Recovery Fee Development Code Amendment $7,449 plus Full $148.98 Consultant Cost Development Permit - Type 1(DPi-Director review) $1,070 $21.40 $11.25 $1,102.65 - Type 2(DP2-Dev.Review Committee) $6,890 $137.80 $12.00 $7,039.80 - Type 3 (Planning Commission) $7,191 $143.82 $12.00 $7,334.82 - Type 3 (Mayor and Common Council) $7,288 $145.76 $12.00 $7,445.76 C-16 1373\08\1183096.20 12/9/2013 2014-39 Base Technology Archive Type of Application .. ,< - Fee _ : Fee.. . .; Fee Total Document Copies Varies-see page 4 Environmental Study(Initial study prepared $3,273 $65.46 n/a $3,338.46 by staff for MND with MM/RP), Environmental Impact Report Direct Cost Recovery Fee plus Full Consultant Cost Extension of Time -CUP&Development Permit 2/3. $3,922 $78.44 $11.25 $4,011.69 -Tentative Tract Maps $4,768 $95.36 $11.25 $4,874.61 Fence/Wall Permit $56 $1.12 1.50 $58.62 Fire Fees $413.45 - CUP&Development Permit 2/3 $413.45 n/a n/a $4$413.45 - Subdivisions,Tentative,Tracts,Parcel $361.85 Maps,and Lot.Line Adjustments (CA Dept of)Fish&Game Fees(Make check payable to"Clerk of the Board of Supervisors') Environmental Impact Report $2,768.25 +$50 Admin.Fee $2,818.25 -Negative Declaration(with or without $1,993.00 +$50 Admin.Fee $2,043.00 MMRP) $50 $50.00 Notice of Exemption General Plan Amendment(text or map) Direct Cast Recovery Fee($1500 Deposit) Historic Preservation Report Direct Cost:Recovery Fee($815 deposit plus Consultant Cost) Home Occupation Permit $268 $5.36 $2.00 $275.36 Letter of Zoning&Gen.Plan Consistency $450 $9.00 $2.00 $461.00 Lot Line Adjustment $477 $9.54 $8;00 $494.54 Minor Exception -Concurrent With another application $288 $5.76 $4.50 $298.26 -Owner-occupied single-family residence $268 $5.3.6 $4.50 $277.86 -Other $792 $15.84 $4.50 $812.34 Misc.Environmental Report Review Direct Cost Recovery Fee($245 deposit)plus Full Consultant Cost($327 deposit) Minor Modification/Revision $561 $11.22 $4.50 $576.72 Phasing Plan Review -If not part of original project review $823 $16.46 $12.00 $851.46 -Dev.Review Committee application $514 $10.28 $12.00 $536.28 (DP2) $536 $10.72 $12.00 $558.72 -Planning Comm.application 2 C-17 1373\08\1183096 20 1 2/9/2013 2014-39 Base Technology Archive Type or Application . ;Fee Fee Fee -Tail,. (CUP/DP3/SUB) Planning Commission Interpretation $1,119. $22.38 n/a 114138 Public Convenience or Necessity Letter $636 .$12.72 5.50 $654.22 (PCN) Pre-Application Review-DRC Review $2,424 $48.48 $6.00 $2,478.48 (If an application is filed within 60 days of the review, $1,500 will be credited toward that application.) Reconsideration by the Planning Comm. $506 10.12 n/a $516.12 Sign Permit $182 $3.64 $5.50 $191.14 -Requiring Conditional Use Permit $3,858 $77.16 $5.50 $3,940.66 Temporary $1.11 $2:22 $5.50 $118.72 Sign Program $610 $12,20 $5.50 $627.70 Specific Plan or Specific Plan Amendment. Direct Cost Recovery Fee plus Full Consultant Cost Temporary Use Permit Director Review $450 $9.00 $4.75 $463.75 -Planning Commission Review $782 $15.64. $4.75 $802'39 Tentative Parcel Map $4,262 +2%of $8.00 Varies plus$65 per parcel cacula fee Tentative Tract Map(for Single-Family $7,561 +2%of $8,00 Varies Residential,Condo's,or P.R.D.) plus$65 per lot/dwlg calculated unit base fee Tentative Map Revision-Tract/Parcel Map $2,113 $42.26. $8.00 $2,163.26 Tree Removal Permit $506 $10,12 $4.25 $520.37 Variance $2,724 $54.48 $4.75 $2,783.23 -With another application $910 $18.20 $4.75 $932.95 Single Family Residence $322 $6.44 $4.75 $333.19 Vesting Tentative Maps Direct Cost Recovery Fee plus Full Consultant Cost Zoning Form-written verification of zoning $22 $.44 $2.00 $24.44 only Zoning Verification Review(for Business $37 $.74 $2.00 $39.74 Registration Certificate) *Archive fees are$1.00 plus$2.00 per plan sheet plus$.25 per document. Total archive fee will vary base on the total number of case file documents. 3 C-18 1373\08\1183096.20 12/9/2013 2014-39 Direct Cost Recovery Fee The Direct Cost Recovery Fee shall include all City labor and material costs,both direct and indirect,including overhead charged against the specific item being discussed.The applicant shall pay a deposit for the Direct Cost Recovery Fee at the time of filing the application. Full Consultant Cost The Full Consultant Cost shall include all costs incurred by the.City under contract with a consultant.The applicant shall pay a deposit for the full consultant costs at the time of filing the application. Deposit Required The applicant shall pay an initial deposit of$1,500 (or the deposit listed in the fee schedule)at the time of filing an application on which there is a Direct Cost Recovery Fee.The applicant shall pay an initial deposit of' $1,500 (or the deposit listed in the fee schedule) at the time of filing an application on which there is a Full Consultant Cost Fee. When 75%of a deposit has been expended,and the Planning Division determines that the estimated remaining costs of the job will exceed the amount deposited, an additional deposit of such excess shall be required. Notification of the additional deposit required will be mailed to the applicant,who shall deposit such monies prior to the date specified in the notice. When an additional deposit has been requested, work will be suspended on the project when 95% of the deposit previously received has been expended. Projects will not be completed with money due, If an additional deposit is not made by the date. specified in the notice,the project shall be deemed withdrawn on the date specified without any further action on the part of the City of San Bernardino and without refund of any money deposited for services Performed. Such project may be reinstated only if additional deposit is made within 30 days from the date that the project was deemed withdrawn. If a project involves multiple applications,the full amount of fees for each type of application shall be paid. Refunds will be made by the City of any fee that was erroneously paid or collected,for any unused deposit monies of Direct Cost Recovery Fee or Full Consultant Cost Fee after all changes for the project have been determined,or as determined by the Director.. Fees are automatically adjusted annually on January 1st of each year,based on the latest available Consumer Price Index increase from the prior year. Fees adopted per Resolution No.89-471(11/22/89),Resolution No.91-148(4/18/92),Resolution No.2003-211 (8/4/03), and Resolution No. 2006-325 (9/5/06). Fire Department'fees authorized by Resolution No. 1999-173 (7113/99) and Resolution No.2006-325(9/5/06), Technology Fee of 2.0%Is authorized by Resolution No 2008-149(0$/07/08).. FEES FOR DOCUMENTS & MAPS Account#001-000-4710 Documents The General Plan, Development Code, and other documents are available on the City's web page; www.sbcity,orq,select Departments and Development Services and Planning. Maps Maps are available in the General Plan located on the City's web page: yvww.sbcitv:orq, select Departments and Community Development and Planning. Copying. Photocopies 354 first page,plus 154 each additional page 4 C-19 1373\08\1183096.20 12/9/201:3 2014-39 • ..` 5ltir�0 - ' ;6 Temporary Fee Reductions �: and Deferrals.,rra � ° Effective:July-.21,2010. ° r tM ' Eiptres: Anglia 2,2014 C T„I'Y O F Building&Safety Dixrisiun,Cornncunity Develop meat Dept: �' 3001q'orthD 8tree,I,SenBernari5n0 i"A 9241$ � IIBGti p iiio Pk(909)384.5071 Fax:'(909)3$4<5Q$0` . _. Webstier wwwsbcityorg Oeueleenient Impact Fee 8e4du0tinns'-Resolution 2010-266 , FFETYPE:, ftl?PUCABIUTY; AMOUNT.OFRE0I(CTItl,7 'Lai✓Enforcement Facilities AII':.l ew Occupancies. 50% Fire'SUppresSion racdOtte5. All Mew Occupancies 50% ■Library,5'oc llitiP e Slew 1eside•ntial 55% AuaticjFbcilitle•s-, Me q w Resldentlal`: 55%. ParklaridlAcquitltion: Slew Pesld'Setlab 55% s Service Fee'Reductions.-Resolution.2010.260-' - FEE TYPE; APPUICABI U1Y AMOUNT OF REB.II;�F10�$', Archive(Bldg;Flrl,,Ping) StriglP family'Subdlv'istifns of S;or 50% more Uniti Bwldir)gPlarning.Review ToVynhomes,,- 50% DR3_ 'Cpridornlniums, 50% 5uilding'Permlf CUrnme,rcial and 50% EngineerineRermit (Gladiitg;;Oh ..fflces 50% site Off-site,Landscaping). Fire Hen Review/Inspettlon' 50% Fire$p.rirlklers 50% Issuance (41d'g)'. 509E PlaniR'eview (Bldg,Fire.. 50% Tarhnolao (Bldg 50% WQNMP Pint' 50% tiyc rolpgy. 50% SWPPP- . 50% DEFERRAISOFDEIIELOPMENTIMPACf=FEES FEETYPE .:APPLICABILITY• REFERENCE Law Enforcement Facilities Single-family.SubdivtslonS of 5 or Peso:2008-81 Fire SUppr*ssion.Facilities more unitt,and Peso.2010-247 Library Ferilities Mew Commercial,Office,or Aquatic Facilities Industrial Parkland Acquisition Local Circulation Regional Circulation. Public Me etings Facilities Storm Drain .Plus all single-family residences Peso.2010-247 and SBNMC. 3.38:040 SewerConnect'ion Allaingle-family residences Only SBMC13.08.055(D) JLOS:Eldg and Sal etyf_all form./ (wised Aeguet 2.2012) C-20 1373\08\l 183096.20 12/9/2013 2014-39 EXHIBIT D CURRENT IMPACT FEE SCHEDULE COMMUNITY I)EVELOPIVIENT DEPARTMENT BUILDING&SAFETY DIVISION 300 North"D"St`cet San Bemardihu CA 92418-0001 �" Planning&Building 909-384-5057'fax:909=384-5080' cx r:�r xsx Wv v.sl:city.org; San BeriidrtGfitu • Housing Authority The Impact bees Ire calculated br the dwellings only.;all other community structures wili.be provided shortly. The follb\vipg:,fee"S were assessed Under the following; Pak'anictIerst. Existin e,Site:, Number:ofexlsting Dwellings is 252 Number of existing Bedrooms is 594 New"Site Designs Nutfberof nest/Dwellings is 41]` Number of new Bedrooms:is 848; Local Traffic: , $24,689..52` Regtonal'Traflic $258,534.00 Law Enforcement: $90,02$.98 Fire Suppression:, $ 155,363.6Z` Library iieiltties1Collection Fee: $80.342:70 Aquatic lzttcihties Fee: S 41,022.00 Public Meetings F acilities Fee: S 137,032.56 Sower Connection Fee: -. S 106;638.06 Storm Drain Fee : 25.7,686.53 Quimby Parkland Fee:_:_. $ 1.197.818.55 Totaltmpaat Fees S2,3-19,156.57 Cultural Not Included D-1 13'/3\08\1 183096.20 12/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS f ENGINEERING COST ESTIMATE STREET IMPROVEMENTS(Off Site) REVISED:JULY 15, 2009 Developer Planning Case 4 Engineer: TM No./PM:No.: Phone No: Date: Drawing No: ITEM QUANTITY 'UNIT UNIT COST AMOUNT 6"Curb and Gutter LF $16.27 $0.00 6"Curb only. LF 513.02 $0.00 8"Curtltand Gutter. LF. $1.7:.35-. 50.00 8"Curb only LF i ' ,$-13.56• $0.00 Gunter(Adj,To existing curb) LF $7.06 '. '$0.00,• Cross gutter SF:,: 1!'$8.68 $0.00 Side walk SF $5.42 $0.00 Residential DWY,APPR SF $7.59 $0100 , CommercialOWY'APPR ; SF" `.:'`$978 $0.00 Handicap'ramp EA': ;$2,169.30 $0100 I. 6"AC Dike LF` ' $1:1.93 $0.00 8"AC Dike• LF. $1027 $0.00 AC.Paveent/Aggregate Base SF' $3,25 $0.00, AC Pavemeet/Na ive SF:: $1:35 $0.00 Aggregate base, Ton` $35.79 $0.00' Roadway`excavation . CY $1410 $0.00 Barricade's: EA'-. $2,27260 ,$0.00..1 AC overlay. >, SE. $0.82 • $0.00 F.og.s5aft;. SF> $0.I1 $000 Preparation of,sulgrade SF $0.33 $0.6 Street name signs.:; 'EA. .. $542.33 .' ' .$0.00 Regulatory signs FAi' . , $270.65: $0.00 Stop sign EA $325:40 $0.00 Guide marker EA $81135 $0.00 Saw cut LF' $3.80 $0.00 Relocate chain link fence ' LF , $7,59 $0.00 Chainlink' ' LF $26.03 ! $0:00 AG removal SF', - $0.66 $0.00 Street tree EA $37.911 . $0.00 Street light EA: $6:198.00 $0.00 Remove street light. EA .$1,540.50 .. $0.00 Grading(import soil) GY': .$13.02 $0:00 , ..Remove:curb and gutter LF $4.07 $0.00 Street striping' LF $0.43 $0:00 ` AC.Streetcutrepair' Ton;• $135,58, $0.00 AB Street'cut repair Ton •.$92.20', $0.00 Cold mill:($3,500.00+$0.80/sf) . SF $1,35 $0.00 $0.00 $0.00 $0.00 Street Improvement(Off-Site)Subtotal w/o traffic control CONST $0.00 Traffic control during construction(5%of estimated construction cost.) _ 50.00 Street Improvement(Off-Site)Subtotal $0.00 Page 1 of 6 D-2 1373108\I 183096.20 I2/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS I ENGINEERING COST ESTIMATE STORM DRAIN IMPROVEMENTS(Off Site) REVISED:JULY 15', 2009 Developer: 0 Planning Case It 0 Engineer: 0 TM No./PM No.. 0 Phone No 0 Date: 01/00/00 No UNIT COST ITEM QUANTITY UNIT ($) AMOUNT 69"RCP and over LF $413.20 $0,00 66"RCP LF $361 155' $0.00 60'i RCP LF. $330.56. $0.00 54"RCP LF • $299.57 • $0.00 48"RCP• Lh $268.58 $0.00 • 42"RCP 'LF $237:59. $0.00 36"RCP, LF. $206.60' $0.00 30'RCP LF". $1.75:61 $0.00 24"RCP LF $144;62 .$0.00 18"RCP. •. .. ;'LF. $103.30 %$0.00 Catch?basin-7' • EA. $5,681.50. ' $0.00 Catch basin 14;;; EA .. $10,330.00 $0.00 Catch basin-21' EA. $$5;496.00.' $0.00 Catch basin.-28' EA: $22,72600." $0.00 Junction structure EA. :,$21582.50 $0.00 Manhole No.,2.; EA. $5,165.00' $0.00" Local depression EA, $1,084.65-. $0.00 Concrete collar"`:' EA 42,711.63 $0,00 Drainage inlet structure :'EA '$6,198.00 $0.00 Drainage outlet'structure• EA. .1:$2,711.63 : $0.00 Transition Structure(0W6#412), EA , ';$1,626.98 $0.00 Grate'inlet structure EA $2;169,30 $0.00 Parkway Culvert EA •;$1,301.58. $0.00 Headwall(LA STD) .`EA. $867.72 , $0.00 Crushed.rock for Rip Rap. CY $43.39 : $0.00 Concrete-collar, CY $75926 $0.00 Adjustment,manhole to FG LS $650,79 $0.00 Connect to ekistlhg MH .:; LS $2,169.30 $0.00 Reinforced concrete CY $867.72 $0.00 $0.00 $0.00 $0.00 $0.00 Storm Drain Improvement(Off Site)Subtotal $0.00 Page 2 of 6 • D-3 1373\08\1183096 20 12/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS(ENGINEERING COST ESTIMATE SANITARY SEWER IMPROVEMENTS(Off Site) REVISED:JULY 15, 2009 Developer: 0 Planning Case# 0 Engineer: 0 TM No/PM No.: 0 Phone No 0 Date: 01/00/00 Drawing No: ITEM QUANTITY UNIT UNIT COST($). AMOUNT Manhole-----------60"DIA EA $5,423 25 $0.00 Manhole 48"DIA. , EA $4,338.60 $0.00 Drop Manhole. EA $5,423.25 , $0.00 Wyes EA $108 47 $0.00 Clean Out EA. $732 14 • •$0.00,' Sewer-Saddle EA. $216.93 " $0.00 Remodeling';Existing Manhole , EA ,$97'6:19 $0.00 Sewer 4"PVC LF $32 54.'. $0,00..z Sewer 6"PVC LF $4369 $0.00 s, Sewer 8"PVC::' LF ' • $75.93 $0.00 Sewer 10"PVC . LF $81.35, $0,00 . Sewer 12"PVC LF c$86,77 Sewer 15"PVC LF $97.62 40:00 Encasement ' LF 437 96 : ., $0.00 Pavement Restoration SF : $7.06 $0.00 $0.00 $0.00 Off-site Sanitary Sewet Ifnprovenent Subtotal $0.00 • Page 3 of 6 D-4 1373\08\1183096.20 12/9/2013 2014-39 • CITY OF SAN BERNARDINO-PUBLIC WORKS I ENGINEERING COST ESTIMATE TRAFFIC SIGNALS/SIGNS(STRIPING(Off Site) REVISED:JULY 15,: 2009 Developer 0 Planning Case#' 0 Engineer: 0 TM No./PM No.: 0 Phone No 0 Date:. 01/00/00 Drawing No: UNIT COST ITEM QUANTITY :UNIT $ AMOUNT Traffic Signals LEG $54,232.50 Major Intersection(4 LEG) LS $216,930,00 " $0.00 Minor Intersection(4 LEG) LS .$173,544.00 . $0.00 Add Phase to Existing Signal (One Direction) LS $32,539.50 $0.00 Add Phase to Existing Signal: (Both Directions). LS $65,079.00 $0.00 Traffic Signal Relocation Per Pole,1A(10)Pole EA $5,423.25 $0.00 Traffic Signal Relocation Per Pole,Pole With Signal Mastarm EA $10,846,50, $0.00 Relocate PB or Adj.Grade EA $106:47 30 00 Traffic Signal Loops EA $406.74 `$0.00 Striping;. •LF $0.49 $0:00, Pedestrian Crosswalk Striping LF $0,65 ." $0,00 Pavement Marker 'LE $3.25 $0:00. $0.00.:: Traffic Signals I Signs I Striping Subtotal 00.00 Page 4 of 6 D-5 1373\08\i183096.20 12/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS/ENGINEERING COST ESTIMATE ON SITE IMPROVEMENTS(PRIVATE AREA) REVISED:JULY 15, 2009 Developer: 0 Planning Cse# 0 Engineer: 0 TM No./PM No.: 0 Phone No: 0 Date: 01/00/00 Drawing No.. UNIT COST ITEM QUANTITY UNIT ($) AMOUNT Curb and Gutter LF $16.27 , $0.00 Planter curb LF $13.02 $0.00 Ribbon gutter;: SF $8:68,. , $0.00 Walkways SF ; ,. .$5.42 $0.00 Residential DWY SF $7.59 . ' $0.00 Comrnercial;DWY SF • $9.76 $000; AC or PCC pavement ' SF; ' $3:25 $0.00 48";RCP .. LF ' : ,$268.58 ;..$0.00 42"RCP LF ,i' $237.59 $0.00 36"RCP, . , t.F $206.60 $0.00.' 30"RCP LF. $175:61 $0.00 24"RCP IF - $144.62 $0.00 18"RCP LF $103.30 $0.00 Parking lot drain(Std.402): . EA $325,40 $0.00 Chain linkferrce= :LF • $26~03. $0.00 Catch basin .:'; EA $5,965.58 $0.00 Concrete;collar',: EA , <'$2,71153 $0.00 6•garden.Nall, IF : $54.23 , $0.00 3 Retaining Walt LF. $59:65 $0.00 4'Retaining wall. LF $97:62 $0.00 5'Retaining wall LF $108:47 $0;00 6S,Retaining,well LE° $135558 $0.00 8'Retaining wall LF $216.93 $0.00 Sewer main LF . $75.93 , $0.00 • Manholes EA. .c $5,423:25 ,, $0.00 Clean-out '.`: EA. $732.14 $0.0b t-leedwall.structures EA :$2,711.63 •50.00 Trash enclosure EA $6,507.90` $0.00 FCC Pavement SF $6.14'- $0.00 4"Sewer lateral(on-site).:; LF , : ._ $12.40 < ' $0.00 6"Sewer lateral(on-site) LF $14,46:; $0.00 $0.00 $0.00 On-site Total $0.00 Page 5 of 6 D-6 1373108\11 83096.20 12/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS!ENGINEERING FEES. REVISED:JULY 15,2009 Developer: Engineer: 0 Phone No: 0 Planning Case# 0 Tract Map No./Parcel Map No.: 0.. Date: 01/00/00 OFF,-SITE,: TOTALS. Street Improvement(Off-Site)Subtotal` $0.00 Storm=Drain ln)provement(Off Site)Subtotal $0.00 Sanitary Sewer Improvement Subtotal $0.00 Traffic Signals/Signs/Striping Subtotal $0.00 Landscaping(LMD,publicly maintained areas) TOTAL OFF-SITE IMPROVEMENTS ;.$0.00 Plan checking fee 4%(Reso. 92-344) $0.00 Inspection fee 4%(Reso.92-344).:, <:$0.00 TOTAL.OFF-SITE FEE ; `$0.00 MAP CHECK FEE PM/TR Number` No of lots, AMOUNT $0.00 ON-SITE IMPROVEMENTS TOTALS Site Improvement(Private Area) Landscaping(Private.Areas) TOTAL ON-SITE IMPROVEMENTS $ - Plan checking fee 2%(Reso.92-344) $ Inspection fee 3%(Reso.92-344) $ - TOTAL ON-SITE FEE $0.00 Page 6 of 6 D-7 1373\08\11 83096.20 12/9/2013 2014-39 .'4 Engineering Division �e.wn , Development Services Department s= 300 North‘'D''Street,3`d Floor,San Bernardino,CA 92418-001. GrT;Y o Phone: (909)384-5111 Fax (909)384-5115 San Bechar(llln Website, www.sbcitV:orq ENGINEERING D IVISION IMPACT FEES Fees Effective:July 15,2009 Type of Application. ?. - Fee. Local Circulation Syste n.Fee Type of Development: Detached Dwelling Units $225;06 -Attached Dwelling Units $150.03. -Mobile Home Units* $155,03- -Commercial Lodging $15503 -Commercial/Office $0,243' -Industrial Uses $0.147 *Fees for mobile homes shall apply to mobile';homes:. located in mobile home parks, Regional Circulation System Fee Type of Development: -Detached Dwelling Units $2,435.00 Attached Dwelling Units $1,626.00 -Mobile Home Units* $1,274.00 -Commercial Lodging $1,2$1.00 -commercial/Office $2.625. -Industrial Uses $1.591 *Fees for mobile homes shall appiy to mobile homes located in mobile home parks. These Fees are due prior to Issuance of a Building, Permit The Local Circulation System Fee is updated each July 15`"based on the.ENR Construction Cost Index. The Regional Circulation System Fee is updated annually by Resolution of the Mayor and Council. The total Traffic Circulation System Fee is the sum of the Local and Regional Circulation System Fee for each unit. D-8 1373\08\1183096.20 12/9/2013 2014-39 5 - _ Type of Application Fee Sewer Connection Fee: - .Inspection Fee $28.19 - Sewer Connection Fee - Residential $405.53/bedroom -- Mobile.Homes $405.53/mobile home - Motels and Hotels $161:84/dwelling.unit - Commercial,Institutional,:and Industrial $323.69/3,000 SF The Connection and.Inspection Fees are updated each July 15! based on the,ERN Construiction:Cost Index. These fees are due at the time the application for connection. These fees are not applicable to development within the East Valley Water District service.area. 1 LI . a Storm Drain.Fee - Type of Use Detached Dwelling Units $3,793.15 - :Attached.Dwelling Units $1,565.86 - Mobile Home Units. $3;017.42 -- Commercial Lodging and Commercial/Office. $0.86. - Industrial Users $1.089 CSDP Project 3-5(Pepper/Randall)Strom Drain Fee - All projects $12,633.33/gross acre All Drainage Fees are updated each July 15th based on the ERN Construction Cost Index.These Fees are due at the time of application for Building Permits. Verdemont Fees - Chestnut Drainage Fee $0.289/SQ FT not to exceed$3,171.79 - Palm Box Culvert/Signal Fee $0.022 2 D-9 1373108\1183096.20 12/9/2013 2014-39 Type of Application Fee Law Enforcement Fee: -Type of Use - Detached Dwelling Units $6'17.46/unit - Attached Dwelling Units $547.07/unit - Mobile Home Units* $349.71/unit - Commercial Lodging $343:94/unit - Commercial Office $0.75/SQ FT - Industrial Users $0.005/SQ FT *Fees for mobile homes shall apply to mobile home located in mobile home parks. Fire Suppression;Fee: -Type of Use - Detached Dwelling Units $765.3.0Junit - Attached Dwelling Units $944.09/unit - Mobile Home Units* $612.85/unit. - Commercial Lodging $382 78/unit. - Commercial Office $0 tab/SQ FT - Industrial Users $0 002/SQ FT *Fees for mobile homes shall apply to mobile home located in mobile home parks. These fees are updated each July 15'4 based on the ERN`Construction Cost Index.These fees are due prior to issuance of a Building.Permit. Library Facilities Fee: -Type of Use - Detached Dwelling Units $616.32/unit' - Attached Dwelling Units $488.21/unit - Mobile Home.Units* $443.19/unit *Fees for mobile,homes shall=apply to mobile home located in mobile home parks. Aquatic Facilities.Fee: -Type of Use - Detached Dwelling Units $315.08/unit: - Attached Dwelling.Units $249.28/unit - Mobile Home Units* $226,12/unit: *Fees for mobile homes shall apply to mobile home located in home parks. Public Meeting Facilities Fee: -Type of Use - Detached Dwelling Units $1,052.70/unit - Attached Dwelling Units $832.70/unit - Mobile Home Units* $756.80/unit *Fees for mobile homes shall apply to mobile home located in mobile home parks. 3 D-10 1373\0811183096 20 12/9/2013 2014-39 Type of Application Fee Parkland and Open Space Fee: —Type of Use $9 19(.00Junit — Detached Dwelling Units — Attached Dwelling Units $7,278.70/unit — Mobile.Home Units* $6,611.00/unit. *Fees for mobile homes shall apply to mobile home located in mobile,home parks. Cultural Development Fee: Type of Use V%z%of the valuation — New and Reconstruction Commercial/Industrial Uses These-fees are updated each July 15'''based on the ERN Construction Cost Index.Public Meeting Facilities and Parkland and Open Space Pees:will increase by 10010 on January 1 of each year through 2009.The fees are due prior to issuance of'a Building Permit 4 D-11. 1373\08\1183096 20 12/9/2013 2014-39 $ a�;1� Temporary Fee Reductions ; f �;: and Deferrals x�3 r ff g, Fiffectivc.July 21,2010 F 72 Expires: August2,20)4 /? "` 1 Building&Safety Division,Corntnitnity Development D'ept. Li;TY OF y 300 NortH D Street San Bornardino CA:92418 gx j��ip�j i Ph:;(r)09)384,--S07.1 Fax;(909):i84-5080 1.1 ... llQl Wcbsitc: www.sbcity.org . -.-_ -- Development Impact Fee Reductions—Resolution-2010-266'= , FEE TYPE APPLICABILITY` AMOUNT OF REDUCTION, Law Enforcement;Facilities. All Flew Occupancies S0%:. Fire Suppress)*n:Facilities All New Occupancies 50% libra'ry;Facilities New Residential. S5% AljuatiC Facilitief New Residentlal. 55% Parkland'Acquisition New Residential 55% , Servile Fee Reductions—Resolution 2010.268 ` FEE TYPE. APPLICABILITY AMOUNT OF REDUCTION Archive(Bldg,Fire,.Ping) Single-family-Subdivisions of 5 or 50% mare units; Building'Planning;Review" Townhotne5, 50% DP3: Condominiums; 50% Building Permit • Commercial,and, 50% Engineering Permit: (Grading,On- Offices. 50% site,Off-site,Landscaping) Fire.Plen Review/inspection 50% Fire Sprinklers.;` A' 50% Issuance. (Bldg) 50% Plan Review. (Bldg.Fire , 50% 'Technology (Bldg;Ping). SO% WQMP. 50% Hydrology " 50% SWPPP' " 50% ---`? ;DEFERRALS OF DEVELOPMENT.IMPACT"FEES . , ;<: .!. FEE TYPE APPLICABILITY REFERENCE Law Enforcement Facilities Single-family Subdivisions of 5 or Reso.2008-81 Fire Suppression Facilities more units,and Reso,2010.247 Library Facilities New Commercial,Office,or Aquatic Facilities Industrial. Parkland Acquisition Local Circulation Regional Circulation Public Meetings Facilities Storm Drain Plus all single-family residences Reso.2010-247 and SBMC 3,38.040 Sewer Connection All single-family residences Only SBMC 13.08.0551D) JL/S;B Idg and Safety/all Forms; (rn9,cd August 2,:012) D-12 1373\08\1183096.20 12/9/2013 2014-39 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Bernardino Attn: City Manager 300 North "D" Street, 6th Floor San Bernardino, California 92418 Exempt from Recording Fee Pursuant to Government Code Section 27383 Space above this line for Recorder's Use Only DEVELOPMENT AGREEMENT WATERMAN GARDENS By.and Between THE CITY OF SAN BERNARDINO and HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO February 18 ,2014 1373\08\1183096.21 2/13/2014 LU14-.5Y TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 3 1.1 Definitions 3 1.2 Capitalized Terms. 5 1.3 Exhibits. 5 ARTICLE II GENERAL PROVISIONS 5 2.1 Parties 5 2.2 Relationship of City and Land Owner. 7 2.3 Description of Property. 7 2.4 Effective Date. 7 2.5 Execution and Recording 7 2.6 Term. 7 2.7 Provisions Required by Statute. 7 2.8 Discrepancies. 8 ARTICLE III DEVELOPMENT OF THE PROPERTY 8 3.1 Use of the Property and Applicable Law Subject to Agreement. 8 3.2 No Conflicting Enactments 9 3.3 Subsequently Enacted Rules and Regulations. 9 3.4 Initiatives and Referenda. 9 3.5 Compliance With Requirements of Other Governmental Entities. 10 3.6 City's Police Power. 10 3.7 Subsequent Development Approvals for the Property 11 3.8 Life of City Approvals and Subsequent Approvals. 11 3.9 Timing of Development 12 3.10 Land Owner Obligations 12 3.11 City Obligations. 12 3.12 Mutual Obligations of the Parties. 14 ARTICLE IV AMENDMENT,CANCELLATION, AND TERMINATION OF AGREEMENT 14 4.1 Amendment or Cancellation Procedure 14 4.2 Recordation of Amendment or Cancellation. 15 4.3 Amendments to Development Agreement Legislation 15 ARTICLE V ANNUAL REVIEW 15 5.1 Annual Review 15 5.2 Contents of Report. 15 5.3 Waiver 16 ARTICLE VI DEFAULT, REMEDIES, AND TERMINATION 16 1373\08\1183096.21 2/13/2014 2014-39 TABLE OF CONTENTS Page 6.1 Default 16 6.2 Remedies for Default. 16 6.3 Notice and Procedure Regarding Defaults 16 ARTICLE VII ESTOPPEL CERTIFICATE 18 ARTICLE VIII TRANSFERS, ASSIGNMENTS 18 8.1 Agreement Runs With the Land. 18 8.2 Right to Assign. 18 8.3 Release Upon Sale or Completion of Development. 20 ARTICLE IX MORTGAGEE PROTECTION 20 9.1 Mortgage Protection 20 9.2 Mortgagee Not Obligated 20 9.3 Notice of Default to Mortgagee. 21 9.4 No Supersedure. 21 9.5 Mortgagee Protection 21 ARTICLE X NOTICES 21 10.1 Notices. 21 ARTICLE XI MISCELLANEOUS 22 11.1 Third-Party Legal Challenge 22 11.2 Bankruptcy. 23 11.3 Applicable Law/Venue/Attorneys'Fees and Costs 23 11.4 Further Assurances 23 11.5 Severability. 23 11.6 Nondiscrimination 23 11.7 Land Owner Right to Rebuild 23 11.8 Headings. 23 11.9 Agreement is Entire Understanding. 24 11.10 Interpretation 24 11.11 Recordation of Termination. 24 11.12 Signature Pages; Execution in Counterparts 24 Exhibit A: Legal Description Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule Exhibit D: Current Impact Fee Schedule ii 1373\08\1183096.21 2/13/2014 2014-39 _ DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into in the City of San Bernardino on the 18th day of February,2014, by and between the CITY OF SAN BERNARDINO, a municipal corporation organized and existing under the laws of the State of California (the "City"), and the Housing Authority of the County of San Bernardino, a public body, corporate and politic (the "Land Owner"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code and Chapter 19.40 of the San Bernardino Municipal Code. The City and the Land Owner are, from time to time, individually referred to in this Agreement as a"Party" and collectively referred to as the "Parties." RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 through 65869.5 (the "Development Agreement Law"), which authorizes the City and any person having a legal or equitable interest in real property to enter into a development agreement and, among other things, establish certain development rights in property which is the subject of a development project application. The Mayor and Common Council of the City of San Bernardino (collectively, the "City Council") adopted Chapter 19.40 of the San Bernardino Municipal Code to govern the processing of development agreements by the City. B. Land Owner is the fee owner of the real property located within the City of San Bernardino, County of San Bernardino, State of California, as further described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). C. Land Owner proposes to develop the Property to include the demolition of 252 existing residential units (the "Existing Dwelling Units") and the construction of a development consisting of seventy-three (73) units restricted for senior citizens (the "Senior Units") and three hundred thirty-eight (338) non-senior units (the "Non-Senior Units") for a total of four hundred eleven (411) residential units and community uses totaling 129,800 square feet (including a day care center, social service/recreation center, administration building and maintenance facility) to be known as Waterman Gardens (the "Project"). The Project includes development of the Property as contemplated by the City Approvals, this Agreement, and Subsequent Approvals. D. Entering into this Agreement is acknowledged to be to the mutual benefit of the City and the Land Owner and is approved by the City in consideration of the significant public benefits to be derived from the Project, including: (1) redevelopment of 252 seventy-year old housing units affordable to low income households: (2) provision of 73 additional housing units for seniors affordable to low income households; (3) provision of 86 market-rate units to provide mixed-income housing; (4) improvements to Baseline Street, Waterman Avenue, and Olive Street to enhance vehicular and pedestrian safety, and which exceed the improvements necessitated by the impacts of the Project; (5) provision of more community amenities than the six required by the Development Code; (6) provision of community facilities, including recreational and training facilities; (7) enhanced public safety; (8) increased property tax 1 1373\08\1183096.21 2/13/2014 2014-39 valuation; and (9) short-term construction employment and long-term employment at the community facilities. E. Under the California State Density Bonus Law (Government Code Section 65915 et seq.; the "Density Bonus Law"), the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. F. The following approvals, entitlements, and findings have been adopted by the City with respect to the Property: 1. The Mayor and Common Council adopted a Mitigated Negative Declaration for the Project on February 18, 2014 (the "MND"). As required by the California Environmental Quality Act ("CEQA"), the City adopted written findings and a Mitigation Monitoring and Reporting Program on February 18, 2014. 2. The Planning Commission recommended approval of Tentative Tract Map No. 18829 (Subdivision No. 11-03)with respect to the Property on December 11, 2013. 3. The Planning Commission recommended approval of Conditional Use Permit No. 11-13 (for the density bonus, concessions and incentives permitted by Government Code Section 65915 and Municipal Code Section 19.04.030(D)(1)) with respect to the Property. 4. The Mayor and Common Council approved this Agreement, Tentative Tract Map No. 18829 and Conditional Use Permit No. 11-13 as more fully set forth below. The City actions identified above are collectively referred to as the "City Approvals." The City Approvals incorporate all conditions of approval of Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13 and all plans submitted by the Land Owner to the City and incorporated into the City Approvals, including but not limited to the site plans, landscape plan, floor plans, and building elevations date-stamped November 5, 2013. G. The development of the Project will require future discretionary and ministerial approvals from the City, potentially including, but not limited to, encroachment permits, demolition permits, grading permits, building permits, final inspections, and certificates of occupancy consistent with the City Approvals (the "Subsequent Approvals"). "Subsequent Approvals" also include any review required by CEQA or NEPA, including implementation of all mitigation measures, monitoring programs, and conditions adopted as part of the City Approvals. H. To ensure that the intent of the City and Land Owner with respect to the City Approvals are carried out, the Parties desire voluntarily to enter into this Agreement in order to facilitate development of the Project subject to the conditions and requirements included in this Agreement. I. The Planning Commission, on December 11, 2013, after giving required notice, conducted a public hearing on this Agreement, as required by Municipal Code Chapter 19.40, and recommended that the Mayor and Common Council approve this Agreement. The Mayor 2 1373\08\1183096 21 2/13/2014 2014-39 and Common Council on February 18, 2014 (the "Adoption Date"), after giving required notice, conducted a public hearing and adopted Resolution No. 2014-39 approving this Agreement and making all findings and determinations relating to this Agreement which are required by the Development Agreement Law and by Municipal Code Chapter 19.40. J. The Mayor and Common Council find that execution of this Agreement and the performance of and compliance with the terms and conditions set forth herein by the Parties: (i) are in the best interests of the City; (ii) will promote the public convenience, general welfare and good land use practices in the City; (iii) will promote preservation and enhancement of land values in the City; (iv) will encourage the development of the Project by providing a reasonable level of certainty to the Land Owner; and (v) will provide for orderly growth and development in a manner consistent with the General Plan, the Development Code and other plans and regulations of the City. NOW, THEREFORE, with reference to the foregoing Recitals and in consideration of the mutual promises, obligations and covenants herein contained, the sufficiency of which consideration is hereby acknowledged,City and Land Owner agree as follows: AGREEMENT The introductory paragraph, the Recitals, and all defined terms set forth in both are hereby incorporated into this Agreement as if hereinafter fully and completely rewritten. ARTICLE I DEFINITIONS 1.1 Definitions. The following defined terms are used in this Agreement. 1.1.1 "Adoption Date" is defined in Recital I. 1.1.2 "Agreement" is defined in the first paragraph,page 1. 1.1.3 "Annual Report" is defined in Section 5.1. 1.1.4 "Applicable Law" is defined in Section 3.1.2. 1.1.5 "Assignee" is defined in Section 8.2.1. 1.1.6 "Assignment" is defined Section in 8.2.2. 1.1.7 "CEQA" is defined in Recital F. 1.1.8 "City" is defined in the first paragraph, page 1 and in Section 2.1.1(a) 1.1.9 "City Approvals" is defined in Recital F. 3 1373\08\1183096.21 2/13/2014 2014-39 1.1.10 "City Council" is defined in Recital A. 1.1.11 "City Fees" is defined in Section 3.11.3. 1.1.12 "City Law" is defined in Section 3.2.1 1.1.13 "Current Impact Fee Schedule" is defined in Section 3.11.3(b)(iii). 1.1.14 "Current Processing Fee Schedule" is defined in Section 3.11.3(a). 1.1.15 "Declaration of Default" is defined in Section 6.2. 1.1.16 "Default" is defined in Section 6.1. 1.1.17 "Density Bonus Law" is defined in Recital E. 1.1.18 "Density Bonus Ordinance" is defined in Section 3.11.2. 1.1.19 "Development Agreement Law" is defined in Recital A. 1.1.20 "Effective Date" is defined in Section 2.4. 1.1.21 "Existing Dwelling Units" is defined in Recital C. 1.1.22 "Fee Study" is defined in Section 3.11.3(b)(i). 1.1.23 "FONSI" is defined in Recital F. 1.1.24 "Impact Fees" is defined in Section 3.11.3. 1.1.25 "Land Owner" is defined in the first paragraph,page 1. 1.1.26 "MND" is defined in Recital F. 1.1.27 "Mortgage" is defined in Section 9.1. 1.1.28 "Mortgagee" is defined in Section 9.1 and Section 9.5. 1.1.29 "NEPA" is defined in Recital F. 1.1.30 "Non-Senior Units" is defined in Recital C. 1.1.31 "Notice of Default" is defined in Section 6.3.1(a). 1.1.32 "Party" and "Parties" are defined in the first paragraph,page 1. 1.1.33 "Planning Commission" is defined in Recital F. 1.1.34 "Processing Fees" is defined in Section 3.11.3. 4 1373\08\1183096.21 2/13/2014 2014-39 1.1.35 "Project" is defined in Recital C. 1.1.36 "Property" is defined in Recital B. 1.1.37 "Senior Units" is defined in Recital C. 1.1.38 "Subsequent Approvals" is defined in Recital G. 1.1.39 "Term" is defined in Section 2.6. 1.1.40 "Third Party Challenge" is defined in Section 11.1.1. 1.1.41 "Water Department" is defined in Section 3.11.3. 1.2 Capitalized Terms. If any capitalized terms contained in this Agreement are not defined above, then any such terms shall have the meaning otherwise ascribed to them in this Agreement. 1.3 Exhibits. The following Exhibits are attached hereto and incorporated into this Agreement: Exhibit A: Legal Description Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule Exhibit D: Current Impact Fee Schedule ARTICLE II GENERAL PROVISIONS 2.1 Parties. 2.1.1 The City. (a) The City is a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California. The office of the City is located at 300 North "D" Street, 6th Floor, San Bernardino, California 92418. "City," as used in this Agreement, includes the City of San Bernardino and any assignee or successor to its rights, powers and responsibilities. (b) The City represents and warrants that, as of the Effective Date of this Agreement: (i) The execution and delivery of this Agreement and the performance of the obligations of the City have been duly authorized by all necessary actions and approvals required for a municipal corporation; 5 1373\08\1183096.21 2/13/2014 2014-39 (ii) The City is in good standing and has all necessary powers under the laws of the State of California and in all other respects to enter into and perform the undertakings and obligations of this Agreement; and (iii) This Agreement is a valid obligation of the City and is enforceable in accordance with its terms. 2.1.2 The Land Owner. (a) Land Owner is the Housing Authority of the County of San Bernardino, a public body, corporate and politic. For the purposes of this Agreement, the Land Owner's office is 715 East Brier Drive, San Bernardino, California 92408. (b) Land Owner represents and warrants that, as of the Effective Date of this Agreement, Land Owner is: (i) The sole fee owner of the Property; (ii) Duly organized and validly existing under the laws of the State of California; (iii) Qualified and authorized to do business in the State of California and has duly complied with all requirements pertaining thereto;and (iv) In good standing and has all necessary powers under the laws of the State of California to own property and in all other respects enter into and perform the undertakings and obligations of this Agreement. (c) Land Owner further represents and warrants: (i) That no approvals or consents of any persons are necessary for the execution, delivery or performance of this Agreement by Land Owner, except as have been obtained; (ii) That the execution and delivery of this Agreement and the performance of the obligations of Land Owner have been duly authorized by all necessary actions and approvals required under Land Owner's organizational documents; (iii) That this Agreement is a legal, valid, and binding obligation of Land Owner and is enforceable in accordance with its terms; (iv) That the execution, delivery, and performance of this Agreement by the Land Owner does not and will not materially conflict with, or constitute a material violation or material breach of, or constitute a default under (a) the Land Owner's organizational documents (b) any law, rule, or regulation binding upon or applicable to the Land Owner, or(c) any material agreements to which the Land Owner is a party; (v) That, unless otherwise disclosed in writing to the City prior to the date of the City Council's adoption of this Agreement, and except for threats of litigation 6 1373\08\1183096.21 2/13/2014 2014-39 expressed in public hearings relating to the City Approvals, there is no existing or, to the Land Owner's reasonable knowledge, pending or threatened litigation, suit, action, or proceeding before any court or administrative agency affecting the Land Owner or, to the best knowledge of the Land Owner, the Property, that would, if adversely determined, materially and adversely affect the Land Owner or the Property or the Land Owner's ability to perform its obligations under this Agreement or to develop and operate the Project; and (vi) That Land Owner and/or any person or entity owning or operating the Property, has duly obtained and maintained, or will duly obtain and maintain, all licenses, permits, consents, and approvals required by all applicable governmental authorities to develop, sell, lease, own, and operate the Project on the Property. 2.2 Relationship of City and Land Owner. The Parties specifically acknowledge that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and the Land Owner and that the Land Owner is an independent contractor and not an agent or partner of the City. The Parties further acknowledge that neither Party is acting as the agent of the other in any respect hereunder and that each Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the business of the Land Owner, the affairs of the City, or otherwise. The City and Land Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making City and Land Owner joint venturers or partners. 2.3 Description of Property. The Property which is the subject of this Agreement is described in Exhibit A, attached hereto and incorporated herein by this reference. 2.4 Effective Date. This Agreement shall become effective thirty (30) days after the Adoption Date (the "Effective Date"). 2.5 Execution and Recording. Not later than ten (10) days after the Adoption Date, the City and the Land Owner shall execute and acknowledge this Agreement. Not later than ten (10) days after the Effective Date, the City Clerk shall cause recordation of this Agreement with the San Bernardino County Recorder against the Property, provided that a referendum applicable to Resolution No. has not been timely submitted to the City. 2.6 Term. The term of this Agreement shall commence upon the Effective Date and continue for a period of twenty (20) years from the Effective Date (the "Term"), unless the Term is terminated, modified, or extended by the provisions of this Agreement. 2.7 Provisions Required by Statute. The Development Agreement Law provides, among other things,that a development agreement shall specify the following: 2.7.1 Duration of the Agreement. See Section 2.6 of this Agreement. 7 1373\08\1183096.21 2/13/2014 2014-39 2.7.2 Permitted Uses of the Property. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.3 Density or Intensity of Uses. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.4 Maximum Height and Size of Proposed Buildings. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.5 Reservation or Dedication of Land for Public Purposes. See Section 3.10 of this Agreement and the City Approvals. 2.7.6 Periodic Review Annually. See Article V of this Agreement. 2.8 Discrepancies. Chapter 19.40 of the San Bernardino Municipal Code provides at subsection 2 of Section 19.40.010, that: "Should any apparent discrepancies between the meaning of these documents [Chapter 19.40, Section 65864 et seq. of the Government Code, and the Development Agreement] arise, then the documents shall control in construing the development agreement in the following order of priority: 2.8.1 "The plain terms of this Agreement itself; 2.8.2 "The provisions of Municipal Code Chapter 19.40; and 2.8.3 "The provisions of Development Agreement Law." ARTICLE III DEVELOPMENT OF THE PROPERTY 3.1 Use of the Property and Applicable Law Subject to Agreement. The Property is hereby made subject to the provisions of this Agreement. All development of or on the Property, or any portion thereof, shall be undertaken only in compliance with the provisions of this Agreement and with Applicable Law. 3.1.1 Permitted Uses. The Project shall be developed in accordance with the City Approvals and this Agreement. During the Term of this Agreement, the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, other zoning standards, provisions for reservation or dedication of land for public purposes, and all other terms and conditions of development shall be those set forth in the City Approvals. 3.1.2 Applicable Law. "Applicable Law" includes the City Approvals, the Subsequent Approvals consistent with the City Approvals and when approved by the City, this Agreement, and those ordinances, resolutions, rules, regulations, standards, policies, conditions, and specifications applicable to the Project in effect on the Effective Date, and except as otherwise provided in Sections 3.3 and 3.5. 8 1373\08\1183096 21 2/13/2014 2014-39 3.2 No Conflicting Enactments. 3.2.1 Except as and to the extent required by state or federal law, and subject to the provisions of Sections 3.3 and 3.6 below, the City shall not impose on the Project any ordinance, resolution, rule,regulation, standard, policy, condition, or specification, including by initiative (each individually, a "City Law"), that has any of the following effects on the rights provided by Applicable Law: (a) Changes any land use designation or permitted use of the Project from that shown in Applicable Law; (b) Limits or controls the rate, timing, phasing or sequencing of the approval, development, or construction of all or any part of the Property except as set forth in this Agreement and in Applicable Law; or (c) Limits or restricts any right specifically granted by the City Approvals or this Agreement, including, but not limited to, permitted uses and permitted floor area ratio. 3.3 Subsequently Enacted Rules and Regulations. 3.3.1 The City may, during the term of this Agreement, apply such newer City Laws that are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for and which are not in conflict with the terms of this Agreement. The City may also modify the Applicable Law or the terms of this Agreement to address a compelling public necessity regarding health and safety which was not known and could not have been known with the exercise of reasonable diligence on the Effective Date and that cannot reasonably be addressed by other means. 3.3.2 The Parties recognize that planning and design considerations are constantly evolving and being modernized, and that development of the Project may from time to time require updating of City regulations and standards in order to achieve the most desirable outcomes for the City from the Project. Accordingly, the City agrees that, in accordance with Section 3.11.1 below, it shall diligently and in good faith review and process to final action any proposals made by the Land Owner for such updating of City regulations and standards. 3.4 Initiatives and Referenda. 3.4.1 If any City Law is enacted or imposed by a citizen-sponsored initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with this Agreement, such City Law shall not apply to the Property. The Parties acknowledge, however, that the City's approval of this Agreement is a legislative action subject to referendum. 3.4.2 Without limiting the generality of any of the foregoing, no moratorium imposed by the City affecting subdivision maps, building permits, processing of off- site or on-site improvements, or any and all Subsequent Approvals shall apply to the Property. 9 1373\08U 183096.21 2/13/2014 2014-39 3.4.3 The timing, sequencing, and phasing of development within the Project shall be consistent with those timing, sequencing and phasing provisions specified in this Agreement, the City Approvals, and Applicable Law. 3.4.4 The City shall cooperate with Land Owner and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect and that no conflicting enactments are imposed on the Property, except as otherwise authorized by this Agreement. 3.5 Compliance With Requirements of Other Governmental Entities. 3.5.1 During the Term, Land Owner shall comply with lawful requirements of, and obtain all permits and approvals required by, other local,regional, state and federal agencies having jurisdiction over Land Owner's activities in furtherance of this Agreement. Land Owner shall pay all required fees when due to federal, state, regional, or other local governmental agencies other than the City and acknowledges that City does not control the amount of any such fees. 3.5.2 City shall cooperate with Land Owner in Land Owner's effort to obtain permits and approvals for the Project from federal, state, regional, and other local governmental agencies. 3.5.3 As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in laws, regulations, plans, or policies to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations. In the event changes in the law prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified as may be necessary to comply with such state or federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified as may be necessary to comply with changes in the law, and City and Land Owner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification be limited to that which is necessary and to preserve to the extent possible the Project consistent with Applicable Law. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such changed laws or regulations. Nothing in this Agreement shall preclude the City or Land Owner from contesting by any available means (including administrative or judicial proceedings) the applicability to the Property of any such state or federal laws or regulations and/or such state or federal laws or regulations themselves. 3.6 City's Police Power. The Parties acknowledge and agree that the limitations, reservations, and exceptions contained in this Agreement are intended to reserve to the City that part of its police power which cannot be limited by contract, and this Agreement shall be construed to reserve to the City that part of its police power which cannot be restricted by contract. 10 1373\08\1183096.21 2/13/2014 2014-39 3.7 Subsequent Development Approvals for the Property. 3.7.1 Applications for Subsequent Approvals are anticipated to be submitted to the City by the Land Owner. The City shall diligently and in good faith process in a manner as expeditious as reasonably possible all applications for Subsequent Approvals filed by Land Owner in accordance with the rights granted by this Agreement and by Applicable Law. In no event shall such processing exceed the time periods set forth in any applicable state laws and local ordinances or regulations, and any conditions or requirements imposed by the City in connection with any such approvals or permits shall not conflict with Applicable Law or exceed those typically imposed by the City in connection with similar approvals for other affordable housing development projects in the City. The foregoing requirements are subject to the Land Owner's applications for Subsequent Approvals being in proper form for submittal and processing, including all fees consistent with Section 3.11.3 below and all documents and information required by the City's generally applicable standards in effect at the time of submittal. 3.7.2 In connection with the City's commitment to diligent processing of Subsequent Approvals in Section 3.11.1 below, the City shall, with the concurrence of the Land Owner as to cost, engage consultants or assign City staff for the purpose of coordinating, facilitating, expediting and/or reviewing applications by the Land Owner for Subsequent Approvals. If approved by the Land Owner, the Land Owner shall bear the cost of compensation of such specially assigned consultants and staff and any other City expenses associated with such persons, except as otherwise provided herein. The consultants and staff assigned to the Project shall at all times be persons having a level of training and experience commensurate with the size and complexity of the Project and the diversity of further approvals and permits required for the Project. 3.7.3 With the City Approvals, the City has made a final policy decision that the development of the Property is consistent with the City Approvals and is in the best interests of the City's public health, safety, and general welfare. Accordingly, the City shall not use its authority in considering any application for a Subsequent Approval that is consistent with the City Approvals to change the policy decisions reflected by the City Approvals. Nothing herein shall limit the ability of the City to require the necessary reports, analyses, or studies to assist in determining whether the requested Subsequent Approvals are consistent with Applicable Law and this Agreement. The City's review of the Subsequent Approvals shall be consistent with this Agreement, including, without limitation, Sections 3.2, 3.7, and 3.11.1 of this Agreement. To the extent consistent with CEQA and NEPA, as determined by the City in its reasonable discretion, the City shall utilize the MND and FONSI to review the environmental effects of Subsequent Approvals and shall not require additional environmental review pursuant to CEQA and NEPA except as may be mandated by state or federal law as provided in Section 3.5.3 above. 3.7.4 Notwithstanding the above, as required by Government Code Section 65867.5, any and all tentative maps prepared for a subdivision of the Property shall comply with the provisions of Government Code Section 66473.7, if applicable, and shall be extended from time to time as required by Government Code Section 66452.6. 3.8 Life of City Approvals and Subsequent Approvals. If any City Approval or Subsequent Approval shall expire, Land Owner shall retain all vested rights contained in this 11 1373\08\1183096.21 2/13/2014 2014-39 Agreement and shall be entitled to re-approval of the City Approvals and Subsequent Approvals consistent with Applicable Law. 3.9 Timing of Development. The Parties acknowledge that development of the Project will be affected by numerous factors outside the control of the Land Owner, e.g., general economic conditions, interest rates and market demand. Accordingly, the Parties hereby acknowledge and agree that the Land Owner may develop the Property in such order and at such rate and times as are appropriate within the Land Owner's business judgment, subject to compliance by the Land Owner with the City Approvals and such other conditions and requirements imposed by the City and not in conflict with this Agreement. 3.10 Land Owner Obligations. 3.10.1 As a material consideration for the long term assurances, vested rights, and other City obligations provided by this Agreement, and as a material inducement to City to enter into this Agreement, Land Owner has offered and agreed to provide public improvements to the City as set forth in the City Approvals and has further agreed to comply with all of its obligations under this Agreement, including, in particular, the obligations set forth in this Section 3.10. 3.10.2 Prior to the issuance of the first building permit for the Project, Land Owner shall submit a final phasing plan to the City which shall specify the order in which the phases shall be built and which road improvements required by the City Approvals shall be completed as part of each phase of development. Land Owner shall substantially complete any required improvements to Baseline Street, Waterman Avenue, Olive Street, and La Junita Street prior to final inspection of the first unit in the corresponding phase of development or shall post adequate security to ensure completion within 90 days. After Land Owner has improved La Junita Street to public street standards, City hereby agrees to accept the dedication of La Junita Street from Land Owner. 3.11 City Obligations. 3.11.1 Diligent Processing of Subsequent Approvals. City staff shall diligently process in good faith all Subsequent Approvals and shall approve or recommend approval or conditional approval to the Planning Commission and City Council of the Subsequent Approvals if, as determined by the City in its reasonable discretion, the Subsequent Approvals comply with Applicable Law, CEQA, NEPA and other relevant state and federal laws and regulations. 3.11.2 Provision of Density Bonus and Concessions. Under the Density Bonus Law, the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. Land Owner has applied for a density bonus of twenty-five percent (25%) for the Project pursuant to City Municipal Code Section 19.04.030(2)(D) (the "Density Bonus Ordinance") and the Density Bonus Law. Developer is also providing Senior Units which are allowed a fifty percent (50%) density increase pursuant to City Municipal Code Section 19.04.010(2)(E). City has approved the requested density bonuses, concessions, and incentives as shown in Exhibit B and incorporated herein by this reference. 12 1373\08\1183096.21 2/13/2014 2014-39 3.11.3 Fees and Fee Credits. The Parties recognize that fees which may be imposed by the City ("City Fees") upon the Project fail within two categories (i) fees for processing applications for City actions or approvals ("Processing Fees"); and (ii) fees or other monetary exactions which are intended to defray the costs of public facilities related to development projects (e.g. parks, streets, utilities, including sewer and water connection fees, and traffic controls) ("Impact Fees"). (a) Processing Fees. For a ten (10)-year period commencing upon the Effective Date, the City shall charge Processing Fees against the Project based upon the processing fees in effect on the Effective Date of this Agreement, except for any processing fees imposed by the City Municipal Water Department (the "Water Department"), including but not limited to sewer capacity fees and water acquisition of service charges imposed by the Water Department. Additionally, the Land Owner shall reimburse the City for actual consultant costs required to process Subsequent Approvals. A list of the categories and amounts of Processing Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit C (the "Current Processing Fee Schedule"). After the ten (10)-year period, the City may charge those reasonably justified Processing Fees which are in force and effect within the jurisdiction of the City for the broadly based class of Subsequent Approvals being applied for. (b) Impact Fees. (i) Within each phase of development, City may impose Impact Fees only for increased development within that phase. Land Owner shall pay no Impact Fees for development that replaces Existing Dwelling Units or existing square footage for non- residential structures within that phase. The Land Owner may defer payment of Impact Fees imposed on each structure until the later to occur of the following for that structure: the time of the City's release of utility meters or final inspection. For any public facilities constructed by Land Owner which are included in any current Impact Fee list, such fees shall be credited in lieu by City. The amount of the credit shall be limited to the amount of cost estimated for the improvements as identified in the associated fee study (the "Fee Study") regardless of the actual cost. The amount of the credit shall not exceed the amount of the respective fee in question for which credit is sought. In the event that only a portion of a facility identified in the Fee Study is constructed, the credit amount will be a prorated amount that reflects the appropriate portion of the estimated cost of the facility as identified in the Fee Study as determined by the Director of Public Works. (ii) Sewer Connection Fees. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer connection fees for the Project as specified in Condition No. 41 in the conditions of approval of Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13. (iii) Water Acquisition of Service Charges Imposed by the Water Department. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay water acquisition of service charges for a structure prior to final inspection of that structure; provided, however, that Land Owner shall only pay water acquisition of service charges for units developed in each phase in excess of the Existing Dwelling Units and existing square footage for non-residential structures in that phase. The number of Existing Dwelling Units and non-residential square footage shall be calculated for each phase, such that at project 13 1373\08\I I83096.21 2/13/2014 2014-39 completion, the Water Department shall credit Land Owner for water acquisition of service charges for all of the Project's Existing Dwelling Units and non-residential square footage in accordance with the Water Department's Rule and Regulation No. 5 and the City and Water Department approvals. (iv) Sewer Capacity Fees Imposed by the Water Department. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer capacity fees for a structure prior to final inspection of that structure; provided, however, that Land Owner shall only pay sewer capacity fees for units and non-residential square footage developed in each phase in excess of the Equivalent Dwelling Units (EDUs) for the Existing Dwelling Units and existing non-residential square footage in that phase. The number of EDUs for the Existing Dwelling Units and existing non-residential square footage shall be calculated for each phase, such that at project completion, the Water Department shall credit Land Owner for sewer capacity fees for all of the Project's existing EDUs in accordance with City Municipal Code Section 13.08.055B and the City and Water Department approvals. (v) For a ten (10)-year period commencing upon the Effective Date, the City shall charge Impact Fees against the Project based upon the processing fees in effect on the Effective Date of this Agreement, except for sewer capacity fees, water acquisition of service charges, and other Impact Fees imposed by the Water Department.. A list of the categories and amounts of Impact Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit D (the "Current Impact Fee Schedule"). After the ten (10)-year period, the City may charge those Impact Fees which are in force and effect within the jurisdiction of the City for the broadly based type of development being applied for. (c) Fee Categories. The City shall not impose upon the Project any categories of fees or other monetary exactions which are not included within (i) the Processing Fees as those categories exist as of the date of this Agreement, or (ii) the Impact Fees as those categories exist on the Effective Date of this Agreement, unless required by state or federal law or regulations. 3.12 Mutual Obligations of the Parties. City has agreed to provide Land Owner with the long term assurances, vested rights, and other City obligations described in this Agreement, including, in particular, those City obligations described in this Article III, in consideration for the Land Owner's obligations contained in this Agreement, including, in particular, those Land Owner obligations described in this Article III. Land Owner has agreed to provide City with the Land Owner obligations described in this Agreement, including, in particular, those Land Owner obligations described in this Article III, in consideration for the City's obligations contained in this Agreement, including, in particular, those City obligations described in this Article III. ARTICLE IV AMENDMENT, CANCELLATION,AND TERMINATION OF AGREEMENT 4.1 Amendment or Cancellation Procedure. This Agreement may be voluntarily terminated in whole or in part or amended by the mutual consent of the Parties or their successors in interest. In accordance with Municipal Code Chapter 19.40, the procedure for amendments shall be a tiered review procedure as follows: 14 1373\08\1183096.21 2/13/2014 2014-39 • 4.1.1 Amendment of City Approvals. To the extent permitted by local, state, and federal law, any City Approval may, from time to time, be amended or modified by submittal of an application from the Land Owner and following the procedures for such amendment or modification contained in the San Bernardino Municipal Code. Upon any approval of such an amendment or modification, the amendment or modification to the City Approval shall automatically be deemed to be incorporated into the Applicable Law and into the provisions of this Agreement without any further requirement to amend this Agreement. 4.1.2 Other Amendments. Any other cancellation or amendment of this Agreement may be made only upon compliance with the provisions of Government Code Section 65858 and those procedures prescribed in Chapter 19.40 of the San Bernardino Municipal Code for entering into a new development agreement, including, but not limited to, public hearings before the San Bernardino Planning Commission and City Council and adoption of the amendment or cancellation by resolution. 4.2 Recordation of Amendment or Cancellation. The City Clerk shall record any amendment or cancellation with the San Bernardino County Recorder not later than ten (10) days after the effective date of the action effecting such amendment or cancellation, accompanied by a legal description of the Property. 4.3 Amendments to Development Agreement Legislation. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law, as those provisions existed at the date of execution of this Agreement. No amendment or addition to the Development Agreement Law which would materially affect the substantive provisions of this Agreement or the interpretation or enforceability of this Agreement shall be applicable to this Agreement unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected unless the Parties mutually agree in writing to amend this Agreement to permit such applicability. ARTICLE V ANNUAL REVIEW 5.1 Annual Review. This Agreement shall be subject to annual review, pursuant to California Government Code Section 65865.1. Within thirty (30) calendar days following each anniversary of Effective Date of this Agreement, the Land Owner shall submit to the City Manager written documentation demonstrating good-faith compliance with the terms of this Agreement ("Annual Report"). Failure by the Land Owner to submit the Annual Report in a timely manner shall not itself constitute a breach of this Agreement, unless the City has first given the Land Owner a minimum of thirty (30) calendar days' written notice and the Land Owner fails to submit the Annual Report within thirty (30) calendar days after receipt of such written notice. 5.2 Contents of Report. The Annual Report and any supporting documents shall describe (i) any Subsequent Approvals which have been issued or for which application has been made and (ii) any development or construction activity which has commenced or has been completed since the recording date or the date of the preceding annual review. The City shall 15 I373\08\1183096.21 2/13/2014 2014-39 review all the information contained in such report in determining the Land Owner's good faith compliance with this Agreement. 5.3 Waiver. The City does not waive any claim of defect in performance by the Land Owner if, at the time of an annual review, the City does not propose immediately to exercise its remedies hereunder. However, in the event that the City, following receipt of the Annual Report for any year, fails to review the information contained therein and/or to determine the Land Owner's good faith compliance with this Agreement within ninety (90) calendar days following the date of such receipt, the Land Owner shall be deemed to be in good faith compliance with regard to the period covered by that Annual Report. ARTICLE VI DEFAULT, REMEDIES,AND TERMINATION 6.1 Default. A Party's violation of any material term of this Agreement or failure by any Party to perform any material obligation of this Agreement shall constitute a default ("Default"). 6.2 Remedies for Default. City and Land Owner acknowledge that the purpose of this Agreement is to carry out the Parties' objectives as set forth in the recitals. City and Land Owner agree that to determine a sum of money which would adequately compensate either Party for choices they have made which would be foreclosed should the Property not be developed as contemplated by this Agreement is not possible and that damages would not be an adequate remedy. Therefore, City and Land Owner agree that in the event of a breach of this Agreement, the only remedies available to the non-breaching Party shall be: (a)suits for specific performance to remedy a specific breach, (b) suits for declaratory or injunctive relief, (c) suits for mandamus under Code of Civil Procedure Section 1085, or special writs, and (d) termination or cancellation of this Agreement. Except for attorneys' fees and costs as set forth in Section 11.3 below, monetary damages shall not be awarded to either Party. This exclusion on damages is limited to a breach of this Agreement and shall not preclude actions by a Party to enforce payments of monies due or the performance of obligations requiring the expenditures of money under Section 3.10 of this Agreement. All of these remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy. Any legal action by a Party alleging a Default must be filed within ninety (90) days from date of declaring such default (the "Declaration of Default") as contained in the Notice of Default as defined below and after following the procedures in Section 6.3 below. 6.3 Notice and Procedure Regarding Defaults. 6.3.1 Default by Land Owner. The Land Owner shall be deemed in Default of the terms of this Agreement if a finding is made by the City Manager, upon the basis of substantial evidence, that the Land Owner has not complied with one or more of the material terms or conditions of this Agreement. A default on the part of an Assignee, as defined below, after an Assignment in conformance with all provisions of Section 8.2 below shall not constitute a Default of this Agreement by the Land Owner for those obligations under this Agreement that have been assigned to the Assignee. 16 1373\08\1183096.21 2/13/2014 2014-39 (a) If the City Manager believes the Land Owner to be in Default of this Agreement, the City Manager or his or her designee shall make a Declaration of Default by giving the Land Owner thirty (30) calendar days' written notice specifying the nature of the alleged Default (the "Notice of Default") and, when appropriate, the manner in which the Default may be satisfactorily cured. Failure or delay in giving the Notice of Default shall not constitute a waiver of such violation. (b) The Land Owner may appeal a Declaration of Default by filing a notice of appeal with the City Clerk within the thirty (30) calendar day cure period described in the preceding paragraph. The Land Owner's appeal shall be placed on the agenda of the next regularly scheduled meeting of the City Council, which shall be an open meeting but not a public hearing. If the City Council finds that a Default has occurred and is continuing, the Land Owner shall be given sixty (60) calendar days within which to cure such Default; provided that such time period may be extended by the City Manager for a period not to exceed 180 calendar days, upon a determination that the Land Owner is engaged in making good faith efforts to cure the Default. At the next City Council meeting following expiration of the period allowed by the City Council for curing the Default, or any extension thereof, the City Council shall set forth by motion or resolution its determination as to (i) the continuation of the Default and (ii) any action to be taken, which action may include amendment or termination of this Agreement. Any action to terminate shall be in the form of a resolution supported by written findings and be in compliance with Section 4.1 above. (c) After proper notice and expiration of the cure period without appeal, cure, or commencement of substantial effort toward a cure by the Land Owner, the City may take unilateral action by adoption of a resolution with written findings to terminate or amend this Agreement. 6.3.2 Default by City. The City shall be deemed in Default of the terms of this Agreement upon failure of the City to carry out any of its obligations hereunder. (a) If the Land Owner believes the City to be in Default of this Agreement, the Land Owner promptly shall make a Declaration of Default by filing a Notice of Default with the City Manager setting forth the grounds upon which a Default is claimed, facts in support of such grounds, and the means through which such Default may be cured. The City shall have thirty (30) calendar days following the date of receipt of a Notice of Default from Land Owner within which to take action to deny the claim, cure the Default, or undertake substantial action toward the cure. (b) If the action of the City is unsatisfactory to the Land Owner, the Land Owner may make an appeal to the City Council, provided that, within ten (10) days following the date of receipt of the notice of denial of the claim, or within ten (10) days following the date of expiration of the cure period described in the preceding paragraph, whichever occurs first, the Land Owner files with the City Clerk a notice of appeal to the City Council. The City Council thereafter shall consider this matter on the agenda of its next regularly scheduled meeting, which shall be an open meeting but not a public hearing, at which the Land Owner may present information regarding the alleged violation. Based upon the information presented by the Land Owner, the City Council shall make a determination as to whether the City is in Default of this Agreement, as alleged by the Land Owner. 17 1373\08\1183096 21 2/13/2014 2014-39 ARTICLE VII ESTOPPEL CERTIFICATE Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and is a binding obligation of the Parties, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, and (c) the requesting Party is not in Default in the performance of its obligations under this Agreement, or if in Default, to describe the nature of any Default(s). The Party receiving a request under this Article VII shall execute and return the certificate within thirty (30) days following receipt of the request. The City Manager is hereby authorized to execute on behalf of the City any certificate requested by Land Owner. Land Owner and the City acknowledge that a certificate hereunder may be relied upon by transferees and Mortgagees. ARTICLE VIII TRANSFERS,ASSIGNMENTS 8.1 Agreement Runs With the Land. 8.1.1 This Agreement and all of its provisions, agreements, rights,powers, standards, terms, covenants and obligations shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the Property or any portion thereof, or any interest therein, whether by sale, operation of law, or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. 8.1.2 All of the provisions of this Agreement shall be enforceable during the Term as equitable servitudes and constitute covenants running with the land pursuant to law applicable to such servitudes and covenants, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Property hereunder (a) is for the benefit of the Property and is a burden upon the Property, (b) runs with the Property, and (c) is binding upon Land Owner and each successive owner during its ownership of the Property or any portion thereof, and each person or entity having any interest in the Property. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 8.2 Right to Assign. 8.2.1 The Land Owner may assign its rights and obligations hereunder to any other person or entity ("Assignee"), at any time during the term of this Agreement, provided that: 18 1373\08\1183096.21 2/13/2014 2014-39 (a) (i) such assignment shall occur in connection with sale, hypothecation or other transfer of a legal or equitable interest in the Property or a portion thereof, including any foreclosure of a mortgage or deed of trust or a deed in lieu of foreclosure, or in connection with formation of a new entity which is the assignee and in which the Land Owner is a partner, member or other form of co-owner, or (ii) such assignment results from the formation, by Land Owner, of a new legal entity, in which Land Owner has an interest, which will own all or a portion of the Property; and (b) the Assignee demonstrates the following, to the reasonable satisfaction of the City Manager: (i) the ability to perform or secure any public improvement obligations required by the City in connection with the Project or other interest being transferred, as identified in the conditions of approval or elsewhere in the City Approvals; (ii) the financial capabilities to meet the obligations of this Agreement as they relate to that portion of the Project assigned to Assignee; and (iii) its expertise in managing projects similar in size to the Project or other interest being assigned. The City shall give the Land Owner written notice of its satisfaction or dissatisfaction with the proposed Assignee within thirty (30) calendar days of receipt by the City of the information the City requires pursuant to this Section.The City's failure to timely communicate to Land Owner its approval or disapproval shall result in City being deemed to have approved. The City shall, to the extent permitted by law, treat all such information as confidential and proprietary, to be made available solely to City officials and staff required to review it in order to carry out the purposes of this paragraph. 8.2.2 The Land Owner shall give the City notice of any such assignment, and the Assignee shall provide the City with notice acknowledging its acceptance of its obligations hereunder as a successor in interest to the Land Owner. Upon such assignment, the acceptance thereof by the Assignee and provision of the required notices to the City by both the Land Owner and the Assignee, the Land Owner shall be relieved of its rights and obligations hereunder to the extent that such rights and obligations have been specifically transferred to and accepted by the Assignee. Only upon compliance with all of conditions set forth in this Section 8.2 shall there be an assignment hereunder(the "Assignment"). 8.2.3 Each Assignee acquiring all or any portion of the Property, and thus becoming an Assignee of the rights and obligations in this Agreement to the extent of such property acquisition, shall be entitled to each and all of the rights, and be subject to each and all of the conditions and obligations, set forth in, and established by, the City Approvals. Subsequent to an Assignment under this Section 8.2, all references in this Agreement to "Land Owner" shall mean and refer, instead, to the Assignee as such references pertain to a portion of the Project acquired by the Assignee. 8.2.4 Upon Assignment and approval of that Assignment as provided in Section 8.2.1 above, such Assignee shall be entitled to all of the rights and be subject to all of the obligations as set forth in this Agreement, as such rights and obligations apply specifically, either wholly or pro-rata, to that portion of the Project to which Assignee has acquired an interest as the result of such Assignment. Such rights and obligations shall include, by way of example only, the obligations concerning Impact Fees and the rights concerning waivers and refunds, each and all as they apply to that portion of the Project so assigned. Any default by the Land Owner in the terms or conditions of this Agreement or in the City Approvals, existing at the time of assignment of any of its rights and obligations hereunder, shall remain the obligation of the Land 19 1373\08\1183096.21 2/13/2014 2014-39 Owner, unless the Assignee expressly accepts such obligation and the City expressly approves the assignment of such obligation. Any default by the Assignee in the terms or conditions of this Agreement or in the City Approvals, occurring after the time of assignment of any rights and obligations of the Land Owner to the Assignee, shall be solely the responsibility of that Assignee, and shall not be deemed to be a default by either the Land Owner or any other Assignee and shall not affect the rights occurring to any other portion of the Property pursuant to this Agreement or the City Approvals. 8.3 Release Upon Sale or Completion of Development. At such time as: (a) any single dwelling unit is sold to an individual homebuyer member of the general public; or (b) within a single phase, as described in Section 3.10.2, all on-site and off-site construction is completed in compliance with the City Approvals, and the final inspection or its equivalent is approved by the City for all structures within that phase, then such individual dwelling unit or phase, as applicable, shall be deemed released from all of the restrictions and obligations of this Agreement and shall thereafter be forever conveyed free and clear of the provisions and obligations contained in this Agreement. The release of any dwelling unit or phase, as applicable, from the restrictions of this Agreement shall not otherwise amend, modify, invalidate, release, or terminate the rights and obligations of the Land Owner or any Assignee under this Agreement as to the remainder of the Property subject to this Agreement and not deemed released in accordance with the first sentence of this Section 8.3. If reasonably required, the Parties shall execute such further assurances as may be necessary to confirm the release and termination of the restrictions contained in this Agreement ARTICLE IX MORTGAGEE PROTECTION 9.1 Mortgage Protection. This Agreement shall be superior and senior to any lien placed upon the Property or any portion of the Property after the date of recording of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement (including, but not limited to, City's remedies to terminate the rights of Land Owner (and its successors and assigns) under this Agreement, to terminate this Agreement, and to seek other relief as provided in this Agreement) shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 9.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 9.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements on the Property, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements on the Property other than those uses or improvements provided for or authorized by this Agreement, or otherwise under Applicable Law. 20 1373\08\1183096.21 2/13/2014 2014-39 _ 9.3 Notice of Default to Mortgagee. If City receives a written notice from a Mortgagee, Land Owner or any approved assignee requesting a copy of any Notice of Default given Land Owner or any approved or permitted assignee and specifying the address for service, then City shall deliver to the Mortgagee at Mortgagee's cost(or Land Owner's cost), concurrently with service to Land Owner, any notice given to Land Owner with respect to any claim by City the Land Owner is in Default under this Agreement, and if City issues a Declaration of Default, City shall,if so requested by the Mortgagee, likewise serve at Mortgagee's cost(or Land Owner's cost) notice on the Mortgagee concurrently with service on Land Owner. Each Mortgagee shall have the right, but not the obligation, during the same period available to Land Owner to cure or remedy, or to commence to cure or remedy, the event of Default claimed in the Notice of Default or Declaration of Default, and City will accept such cure or remedy as though performed by Land Owner. 9.4 No Supersedure. Nothing in this Article IX shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision improvement agreement or other obligation incurred with respect to the Property outside this Agreement, nor shall any provision of this Article IX constitute an obligation of City to the Mortgagee, except as to the notice requirements of Section 9.3 above. 9.5 Mortgagee Protection. The Parties hereto agree that this Agreement shall not prevent or limit the Land Owner, in any manner, at Land Owner's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing may require certain interpretations and modifications to this Agreement and agrees, upon request, from time to time, to meet with the Land Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof,including, without limitation the purchaser at a judicial or non judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of foreclosure (also deemed a Mortgagee) on the Property shall be entitled to the following rights and privileges. ARTICLE X NOTICES 10.1 Notices. Notices, demands, correspondence and communications between City and Land Owner shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express or DHL to the offices of City and Land Owner indicated below, provided that a receipt for delivery is provided; or (c) sent by registered or certified mail, or express mail, return receipt requested, with postage prepaid. City: City Manager City of San Bernardino 300 North "D" Street, 6th Floor San Bernardino, California 92418 21 1373\08\1183096.21 2/13/2014 2014-39 With copy to: City Attorney City of San Bernardino 300 North "D" Street, 6th Floor San Bernardino, California 92418 Land Owner: Executive Director Housing Authority of the County of San Bernardino 715 East Brier Drive San Bernardino, California 92408 With Copy to: Goldfarb & Lipman LLP 1300 Clay Street, Eleventh Floor Oakland, CA 94612 Attn: Barbara Kautz Any Party may change its mailing address at any time by giving written notice of such change to the other Party in the manner provided herein at least ten (10) days prior to the date such change is effective. All notices under this Agreement shall be deemed given and received on the earlier of the date personal delivery is made or on the delivery date or attempted delivery date shown on the return receipt or air bill. Counsel for a Party may provide notice for each Party with the same force and effect as if notice were given by the Party. ARTICLE XI MISCELLANEOUS 11.1 Third-Party Legal Challenge. 11.1.1 Actions of the Parties. In the event of any legal action, claim, or proceeding instituted by a third party challenging the validity of any provision of this Agreement, the City Approvals, or the Subsequent Approvals ("Third Party Challenge"), the City shall actively defend against any such action or proceeding, including taking all reasonable measures to protect the enforceability of the Agreement. The Land Owner shall pay all actual, reasonable legal expenses associated with such defense. The Parties shall cooperate in defending against any such challenge. The City shall consult regularly with the Land Owner regarding such defense and shall notify the Land Owner of any significant developments relating to the action or proceeding. During the entire course of any such challenge, including any review up to a court of final jurisdiction, this Agreement shall remain in full force and effect. Under no circumstances shall Land Owner be required to pay or perform any settlement arising out of a Third Party Challenge unless the settlement is expressly approved by Land Owner. 11.1.2 Invalidity. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unlawful as the result of a Third Party Challenge, the Parties shall use their best efforts to cure any inadequacies or deficiencies identified by the court 22 1373\08\1183096.21 2/13/2014 2014-39 in a manner consistent with the express and implied intent of this Agreement, and then to adopt or re-enact such part of this Agreement as necessary or desirable to permit implementation of this Agreement. 11.2 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 11.3 Applicable Law/Venue/Attorneys' Fees and Costs. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Bernardino, State of California. Should any legal action or arbitration be brought by either Party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and such other costs as may be found by the court, including without limitation costs and fees that may be incurred on appeal. The costs, salary, and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys'fees"for the purpose of this Agreement. 11.4 Further Assurances. Each Party covenants, on behalf of itself and its successors, heirs, and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement. 11.5 Severability. Except as otherwise provided herein, if any provision of this Agreement, or the application of this Agreement to any person or entity, be held invalid or unenforceable, the remainder of this Agreement, or its application to persons or entities, shall not be affected except as necessarily required by the determination of invalidity, and each term of this Agreement shall be valid and enforced to the fullest extent permitted by law unless amended or modified by mutual consent of the Parties, except if the effect of such a determination of invalidity is to deprive a Party of an essential benefit of its bargain under this Agreement, then the Party so deprived shall have the option to terminate this entire Agreement based on such determination. 11.6 Nondiscrimination. Land Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the development of the Property in furtherance of this Agreement. The foregoing covenant shall run with the land. 11.7 Land Owner Right to Rebuild. City agrees that Land Owner may renovate or rebuild a development located on the Property within the Term of this Agreement should it become necessary due to natural disaster. Any such renovation or rebuilding shall comply with the Applicable Law and this Agreement. 11.8 Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement. 23 1373\08\1183096.21 2/13/2014 2014-39 11.9 Agreement is Entire Understanding. This Agreement is executed in one original, which constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties, or representations are superseded in total by this Agreement. 11.10 Interpretation. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement. 11.11 Recordation of Termination. Upon termination of this Agreement, a written statement acknowledging such termination shall be executed by Land Owner and City and shall be recorded by City in the Official Records of San Bernardino County,California. 11.12 Signature Pages; Execution in Counterparts. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages in counterparts which, when attached to this Agreement, shall constitute this as one complete Agreement. [Signatures on the Following Page] 24 1373\08\1183096.21 2/13/2014 2014-39 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF SAN BERNARDINO, HOUSING AUTHORITY OF THE COUNTY a municipal corporation and charter city OF SAN BERNARDINO, a public body, corporate and politic By: lG By: Allen ,J. rker_ City Manager Daniel J. Nacker an, President/CEO Dated: - 6`;fr/i Dated: .3( (t4 ATTEST: By: { , - Georgeann H i*na, Cit Dated: c't7/°27/A7' APPROVED AS TO FORM: Gary D. Saenz,City Attorney By: - ,� •-• (.t dG�—,< Dated: a 25 1 373\08\1183096.21 2/13/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .o-Z2 o-,.' --..•T —>./7,.•• , ,.-• > . . ,.• ..0 , —, , ->• •r• . — >4• •:+-- • . _•.-fi• - a t* State of California t / ',' CF County of .5211 &e1flre-11 On 3/3-6' J / 1 before me, S9�11 a- ,RI2L/S, MIfon/ '(64" PP Date / Here Insert Name and Title of the Officer a �'' personally appeared 1 iVC.c Cleyrra Name(s)of Signer s) I who proved to me on the basis of satisfactory evidence to be the person{s} whose names) is/are- '' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/het/their authorized capacity(ies), and that by 1 I his/herit#ei� signature(s) on the instrument the ° � [, person(s),_.or the entity upon behalf of which the 0 i• `,,..+0� SYLVIA ROBLES person(s).acted, executed the instrument. A _ .ii - .t Commission# 1967710 z' fa Notary Public California i I certify under PENALTY OF PERJURY under the S 1. '`y% San Bernardino County D laws of the State of California that the foregoing .ITC-•r ; My Comm.Expires Feb 24,2016 i, paragraph is true and correct. 9 p WITNESS my hand and official seal. Signature: _..-G �' - aee'D---- Place Notary Seal Above Signature of Notary Public yi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document h and could prevent fraudulent removal and reattachment of this form to another document. j i Description of Attached Document Title or Type of Document: ,pair?(de men I L AO e,rl e c--/- P) C Document Date: v-1I 6'I 901 Number of Pages: Co S s 6 Signer(s) Other Than Named Above: 41I-edi ., J !'Ciiiiir, ne'r'P4n44._Ai,°an4+ , 6 ry p,_ci.#uz V Capacity(ies) Claimed by Signer(s) S t. Signer's Name: Signer's Name:_ ❑ Corporate Officer — Title(s): ❑Corporate-Officer — Title(s): �V, • ❑ Individual RIGHT THUMBPRINT 'J OF SIGNER tndlVldUal RIGHT SIGNER RINT I t El Partner— ❑Limited ❑General Top of thump..here El Partner — ❑Limited ❑General Top of thumb here l ❑ Attorney in Fact ❑Attorney in Fact 9 ❑ Trustee ❑Trustee al ❑ Guardian or Conservator's ❑Guardian or Conservator ❑ Other: ❑Other: S F o Si s Representing: Signer Is Representing: y i A ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 2014-39 • STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On -GAl/�/ o-Zj "2-// before me, 7,41",/e / 001`` , Notary Public, personally appe&ed /9644 Y j``,e' , who6Sroved to me on the basis of satisfactory evidence to be the personj4 whose name(s)-is/ ersubscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/tli if authorized capacity(ies), and that by his/her/their signature(s)-on the instrument the person(0,or the entity upon behalf of which the personcs1 acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a>rr t F. ` � VALERIE R.MO98: ti K Commiaaion#� 1985357 .../."-Ziee-- / //-4.--- -- �r 3,3 Notary Public-California %� San Bernardino County Notary Public `_s_ My Comm. Expires Aug 2,2016 STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On , before me, , Notary Public, 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. , Notary Public 26 1 373\08\1 183096.21 2/13/2014 2014-39 • EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY All that property in the City of San Bernardino,County of San Bernardino, further described as: Real property in the San BernardinoCounty of San Bernardino, State of California, described as follows: PARCEL A: (APN: 0147-211-01-0-000 THROUGH 0147-211-04-0-000) LOTS 11, 12, 13 AND 14, IN BLOCK 42, RANCHO SAN BERNARDINO,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2 RECORDS OF SAID COUNTY. EXCEPTING THEREFROM A PARCEL 150 FEET BY 150 FEET IN THE NORTHWEST CORNER OF LOT 11; AND THE EAST 300 FEET OF LOT 14. PARCEL B: (APN: 0147-181-33-0-000) THE WEST 40 FEET OF PARCEL 1 OF PARCEL MAP NO. 14951, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON MAP ON FILE IN BOOK 185, PAGES 85 AND 86 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: (APN: 0147-181-35-0-000) THE WEST 40 FEET OF PARCEL 2 OF PARCEL MAP NO. 14951,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON MAP ON FILE IN BOOK 185, PAGES 85 AND 86 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY A-1 1373\08\1183096.21 2/13/2014 LV14-i7 • EXHIBIT B CONCESSIONS PURSUANT TO DENSITY BONUS LAW 1. A twenty-five percent (25%) maximum density bonus is granted to increase the maximum density of the mixed-income non-senior units from twelve (12) to fifteen (15) units per acre, and a fifty percent (50%) maximum density increase is granted to increase the maximum density of the senior units from twelve (12) to eighteen (18) units per acre, for a maximum of four hundred eleven (411) dwelling units in the Project. Density shall be calculated for the overall Project rather than for each separate phase of development. 2. Three concessions are hereby granted, as described below: a. Private Open Space. Dwelling units with private patios that are smaller in area than those required by the City's zoning ordinance as shown in the table below. Concession#1: Private Open Space requirements. Unit Unit Unit Description Unit Size Required: Provided: Private Type Private Open Open Space(sq Space (sq ft) ft) 1 BR Al 1 BR—seniors 576 sqft n/a* 102 A2 1 BR flat—singles/couples 618 sqft 155 104 B 1 2 BR flat(accessible) 813 sqft 203 105 B2.1 2 BR townhouse (2 story) 998 sqft 250 269 2 BR B2.2 2 BR townhouse (2 story) 997 sqft 249 282 B3 2 BR flat(senior building 1,088 sqft n/a* 154 manager unit) Cl 3 BR townhouse (2 story) 1,241 sqft 300 267 C2 3 BR townhouse (2 story 1,234 sqft 300 294 3 BR accessible) C3.1 3 BR townhouse (3 story 1,458 sqft 300 308 20'wide) C3.2 3 BR townhouse (3 story 1,455 sqft 300 308 20'wide) C4 3 BR shop house (3 story 1,614 sqft 300 200 25'wide) 4 BR D1.1 4 BR townhouse 1,478 sqft 300 289 D1.2 4 BR townhouse (accessible) 1,478 sqft 300 289 *Part of Senior Building—Private Open Space requirements do not apply. B-1 1373\08\1183096.21 2/13/2014 1014-39 b. Parking Requirements. Parking for the Project as shown in the table below. Concession#2: Parking: Residential Parking Proposed ott-street I otal on- Unit Type #of units off-street uncovered Total off- street Total Residential covered pkg pkg per street parking Parking Parking per unit unit parking (private proposed Ratio proposed proposed proposed streets) (spaces/unit) Senior 73 0.0 1.0 73.0 3 76 1 Bedroom 57 0.0 1.0 57.0 57 2 Bedroom 137 2.0 0.0 274.0 274 3 Bedroom 133 2.0 0.0 266.0 266 4 Bedroom 11 2.0 0.5 27.5 28 unassigned spaces 28.0 190 218 Total 411 725.5 193 919 2.23 Non-Residential Parking Area(sqft) Parking Parking Parking required Required Spaces per use Proposed Recreation and Community Centers 93,350 sqft TBD* 129 1 space/ Administration Building 7,387 sqft 250sgft 30 7 Existing Central Shop, q 1 s ace/ 18,394 space P 18.4 32 Maintenance Bldg, 1,000 sqft Community Garden Bldg Total 168 *The unique program of the existing community center does not fall under any existing parking requirement category for the City of San Bernardino. Further discussions with the city are needed to determine the required parking standards for this program. B-2 1 373\08\1183096.21 2/13/2014 LU14-37 c. Setbacks. Reduced setbacks shown in the table below. Concession#3: Setbacks. RM (Residential Medium) Required Provided Zone Front Yard 20"-0" min. (25' avg) 16'-9" min. Side Yard: 2 story 10"-0" min (+1'per 15' wall length) 6'-3" min. Rear Yard 10"-0" 10'-0" min. Distance between Buildings 20"-0" 6'-10" min. B-3 1373\08\1183096.21 2/13/2014 L014—j9 EXHIBIT C CURRENT PROCESSING FEE SCHEDULE . SCHEDULE OF FEES , • Building & Safety Division, — • •Colninurtity•Devdlopment•JDei)artinetit. L. ' • • 300,N th or e..et,',Sitri ornalk1 di4,CrArS1.241.8: C/T Y' OF •- Fli:P09):3g;4-*•//, Fez: O385080 ••••-•• .•.. •. vv6bge.e%.- *Mr sbcitylcirg • Salt Beiliati 16 11 - . . • . . I. Review and Building:Penn its Fees. Theplan review arid building permit fcs applicable to buildtng constructson projects in the City of Sin Bernardino .‘ and,biiildinginspection.services,:proiiided:as,part of:the building permit process . . The se fees:'ito.itot e,Development linpactIees.,.: Di'Viiion:lees,;,,Witer:Department Fees;Heal thl)epartinent.Fe es;or:oilief teeet011ectedfor."other purposes. mitess.noteptiterWiSe; • A.. , Determining Phirt,Review.Fees In eider to determine the Plan Revmw 7.e e for.a pro.;ect the following proce dure should be followeci -. . 1 it.)-Identify the Construction Cost Fácorin lablelaased'Orr the building's,occupancy,group (xise),....atid".ty,pe,of'abhstriictiOn,then..:MigtiplY,'thiS45:or4xit*:000:Tota86,ertrie:40, The vatiratiOn-areac.haistinci-USe:arie.badathe..valUsittons'tog ther1to..get.".die total vahiatioji ofthe 15141diwg,, the appropriate valuation range in theleft-hand column ófTable,34Fiat.Correspend appropriate-e,co umn esi. en or.comm erc o. e ermine the, -valuation-. i: • the plan review deposit fee .. 2. Total:PlanOeviewrees: The TOtal,Plan Revi.ew Tee is the sum:of the fOPOWingfees"Componerits when applicable: •Total PlaRevievilDeposit ExpeditiOuS!.Plan-Review B/P/14'Plan Review'4...Energy. Plat Review+Fire Plan Review Accessibility plan Review +Zoning Review:- 3: Hourly Flan Review Rate. The hourly rate for in-house plan review is$94:15: When expeditious review is requested by the applicant and performed by an outside vendor,any plan review bill edhourly.shall be at the vendor's.prev ailing hourly rate,which is typically higher than the City rate. 4. One&Two Family Residential Construction.—Pl an-Review. Plan reviews of new single-family and duplex residential construction,additions or alteration thereto,will be performed at the hourly rate. Repetitive tract housing units will be billed at one hour The plan review deposit for new l &2 family dwellings is equal to 5 hours. The deposit for additions is equal to 3 hours. C-1 1373108\1183096.20 12/9/2013 ZU 14-39 B. Determining Building Permit Fees 1. Single-family Residential Construction A. Additions - Additions without a bath or kitchen: $1.39 per sq.ft - Additions with a.bath or kitchen: $1.54 per sq.ft. Minimum'fee for additions:: $300 - Maximum fee for additions up.to 1200 sq.ft r $1166: - The fee for additions.over 1200 sq.#t.is as indicated. Table fi3 B. New.Sin,gte-family Tract Hones(constructed in:phases of five ormorehonres); Referta:Table 1A. C.New'Single-family'Inflll or Custom Homes Refer to.Tabie:113. • 2. CO mine Industrial,and.Multifamily Bislc`Buildfhg remit Fee:: The basic building permit fee is listed in the2"`t column of Table 3, Total Biiildiiig Petaiiit.reeS the 1 otal Building Permit Fee,is the Stan of the;following fee Components,when applicable: Total=- I3isic.I3iulding Pennit.Fee-+Issuance Foes.a>;lec/1'ibg/Mech Permit'Tees+ 'Certificate of. Occupancy Fee+SM1P Fees+Cultural Development'Impact Fee.1-Archive Fee+Technology Fee (^SWOP=Strong Motiai rhstromentatiat Progrum Fees). BUILDING VALUATION DATA The Community.DeveTopmeptDepartment uses the fallowing cost;factozs(doll'II.,per sgnare..foot)to determine project.valuation:under,Sectiot1304 22 of the Uniform Administrative Code.as Adopted by the City ofSan Bernardino.:Plan::check.and building pennit fees for occupancies other than single family residences° are based ou v-itue;of the project per Section 304..Valuation Oft prejectiS determined bythe Building Official.The cost factors contained;in Table 2 are.ased to calculate Wilding valuation,which in turn is used to determine permit and plan cheek'fees in: able$.Valuation may or may not have a resemblance to actual square foot cast of a project. Inmost cases the costs indicated are below market rates compared to a bid, contract price,assessed value or sales price. The use of these cost factors by the City simply assures consistency and uniformity in the amount of fees collected for projeots of similar size,construction,and occupancy. s:/fees/lcbcdulc'of tics (reviscd.Scpi.S.2008) Page 2 C-2 1373\08\I 183096.20 12/9/2013 2014-39 • B. Determining Building Permit Fees: 1. Single-family Residential Construction. A. Additions - Additions without a bath or kitchen: $1.39 per sq.f. - Additions with a bath or kitchen:: $1.54 per sq.ft. Ivlinintum fee for additions:: $300. - Maximum fee for additions up to 1200 sq.ft.: $.1166' - The fee for additions over 1200 sq.ft.is as indicated in Table 1B B. New Single-family Tract Homes.(constr acted inphases,of live:or more homes): -Referto:Table 1A C.New Single-family Infill or Custom Homes -Refer to Table::113:. 2. Commercial;Industrial,and Multifamily Basic Building 1?ernift Fee: The basic building permit fee is listed in the 2"'_column of Table 3. Total Building Permit.Tlce- The Total.Building Permit fee is the Sara of the following fee'cotnponents,whe tYapplicabie; Tofel='Base Budding.Permit fee+Issuance I".ees+flep/Pll g f Mech Permit Fees+ Certificate of Occupancy Nee+SMIP Fee."'+Cultural Development Impact Fee+.Archive Fee.+Technology Fete (=SIAP•-Strongly(oiiotilnswmentationProgrmn Fees) BUILDING VALUATION DATA The Community Devel;opmentDepartment uses the following cost factors(dollars per squlre,foot)to determine project valuation.under Section304.1 oftile Uniform Administrative Code as adopted bythe City of:San Bernardino:Plan check and building permit fees for occupancies otherthan single-family residences. are based on value.of the project per Sectiou.304.Valuation of a project is determined by the Building Official.The cost factors contained:in Table 2 are used lo calculate building valuation,which in turn is used to determine permit and plan cheekfees in Table 3.Valtiationmay or may not have a resemblance to actual square foot cost of a project. In cases the costs indicated arebelow:market rates compared to a bid, contract price,assessed value or sales price. The use of these cost factors by the City simply assures consistency and uniformity in the amount Of fees collected for projects of similar size,construction,and occupancy. :trecsrsdiedulc of fees (revised Sept 3,201)3) Page 2 C-3 1373\08\l 183096.20 12/9/2013 2014-39 • illC?(caufuxscrl),`: Ofi)CI CO�,tS. LiNIT(QNSCI2UC TIOY(C)ST -BLOCK WALLS: -4'high $30.00/1n.ft: -5'high $37.00/in.,ft. -ti'high $44.00/lo.ft. other $7:3:5/sq,ft. DE8v1OL1TION: (valtiation—.contract price) (viIuatint=coritreef.pricc)• DRYWALL $18.00:/sheet. FIREPLACE :$3000.00:ea. PATIOS PORCHES $1965/sq.ft. PATIO SLAB 01c11N•WITII 1 O.(3TTNG $6:45 tsq,ft PATIO OOVE'R:ONLY REROOFING'.(1 squaro=100.sq.ft;) Built uP $2T011OJSquare • CompositionShingles 1163:00;/square: Shake or"Tile $320.0.6lsquare 'Resheathing $ .96.06/square. SIGNS: (byvsiluation) 51T)TNO,EXTERIOR,. $3 OLi/sq.:tt. STUCCO': $4:=14/sq,_ft.: . SWIMMING-FOOLS S AND SPAS—GUNTTE (valuations contract price), hilaTO AGTURED•ABOVI13ROT1ND.POOL/SPA 1I25/115 UNA.10 IMPROVEMENT NT (IJ}t'#OY=of eoscppe square fdot) 30% 'WINDOW CIHANGE OUTS(perwinelow): $370:00 csr. '"Deduc't20%for shell only buildings., '"Use 30%fovtenanPhopaovein cats. s:/feestschedole of fees (revised Sept.3,2003) .Page 6 C-4 1373\08\1183096.20 12/9/2013 2014-39 TABLE ark : view acid'B.t>:lding Pe>~;.>tit.'Fees Cnlilinelci:l�,;Ittcic�Strtat,.�nlMultix14�ntlylzestdet►ti»1.Otculilnncics Note fhe following table.provldts baste pemutnncl plan r4vtew I"ee4]x,ed on m lttatton for commercial'mdtta trtalsand atulttfamily residcntril occupancies:Addiluaia1 fzes,torpernuktssuanc.clean:=! plumbing;mcchantcal development impacts,sewer cap rcityschoOls,•ett ina'ap ly.. TOIAL Bldg Plain Sub 10101x' Bldg 1'ltli Sub VAI[lATTOiV(9} Pm runt Review 1 ot�i VALUA17014I('s)?' Poi nut I2evletY T ee :;Total Ice' N¢i Yet ti 1.00 - 500 60:00 1:4.25 74:25 _ �y q s ; otoomii 501. 600' 60.00 1'6:15: 76;15 k sf 601 700` •6000 18:05 78:05 +:,t•0 1 1N;`,;:: 701 - 800: 60400 19:95 793:5 4,t MOM e ' r 5 3 w s 801 - 900 60:00 •21.85 81.85 us of 901 1,000 60:00 •23:75 8375 '- . t ,Yfur : 1;001. 1,100, 60=00 .. 25;65 •8165 30;001 31,000 291.00 27645 56745 , 1,1,01 - 1,200 •60:00 ,27.55 87.55 31,001-32,000: 29750 282.63 580.13 •1,201 = 1,300 60;00 :29A5 •89:45 32,001-33;000 304;00 28110 59210 • 1,301 - 1,400 .6000 31.35 91;35 33,001 34,000 .310.59' 294398 60148 . 1.,401 + 1,500 '60:00 33.25 93:25 34;001-31000 317,00 301,.15 61:845 1501 - 1,600 60.00 35:15 95.15 35;001-36;000 32150- 107;33 630.83 1,601 - 1,700 6000 3'05 97;05 3001-37,000 330,00 31:3.50 643:50 1,701 - 1800. 60,00 i-38,95 9805 37,001-38;0,00 1.36.$0 319.68 656',0 1;801 - 19Q4l 6000 •=4085 100.85: 38;001-3931011 143.00 32185 66215 1,90,1 - 2;000 60,00 42.75 102:75. •39;001-40;000 349.50 33250 682:00 l r£ 7`.. V l :l to ti 4 :40P1'-41„000' 356¢00 3•8;20 69420 ' S ;" 4.1.;001.-42;000_ 362:50:....... 344:38. 706:88 2,001 3,000. 60.011 51.30 111.30 :42,001•-43;000 369.00 350:55 719;55 3;001 4;000 63.00 .59;'85• •122.85: •43;001-44;000: 375.50 • 35673 732.23 •4,001-5,000 7200 038.40` 340:40 44;001-45;000 382:00 36290 74A90 3,001--:6;0:00. 81.:00 76,95 1.5795 -45,00.1-46;00(1: 388,50 369.08 75758 . 6,001 7;000• 90.00 8150 175.50 :46;001-47;000 39100 37525 . 17025 4001. 8,000: 99:00 94,05 193.05 . 47;001-48,000: .401.50 381,433 ,. _78233 •8,001 ;91000 108:00 103,60 210:60 48,001 4000'• 408:50 '387:¢0 796:10 '9,001 10,000 I1700 •11115 228.15 49 001 50000 '41450 393:78 80122 • on('c',,. ..,x_.t RingttN,OVVM'- a WW1 ens_•• ' , WaVig OR;t ,'7\°.:,+. :1:0,0.01 11;0.00 126100 =119.70 4245.70 50,001-51,000 419.50 39105 81735 • '1:;(001• ;12,000 13100. •:12825 •263.25 51,00.1-52;000 42100 • :40233 82513 , 72,001-13;000 1.144.00 36.80 2$0:80. 52;001.-53030 428.00 406,60 834.60 ... :73,001 14;000 .153.00 :145.31 29811 • 53;001--54;0011 432,50 410,88 84318 14;001;-'15:000 16200 153.90 315.90 •54;001-55,000: 437.00 415;15 85215 15,001-16;000 171.00 1'62.45 333.45- 55;001-56,000 ., 441.50 419,43 86093 16,001--17,000 180:00 171'.00 351.00: '56,001 51;'000 446.00 42170 869:70 17;001'-18,000 :189.00 •179.55. .368,55 57;001-58;000 45050 •427.98 87&48 18,001-.19,000 198010 `188:10 386.10 .51001-59,000 455.00. 432.25 88725 19;001-20;000 207.00 •196.65 403.65 •59;001-60;900 459.50 43653 896:03 20;001-.21,000 216.00 .20120 421.20 60;001-61,000 46400 440.80 904.80 21:;001:-22,000 225,00 213.75 438.75 61,001-62;000 468,50 445:08 913.58 • 2'2,001-23;000 234:00 .222.30 456.30 :62,001-63,000• 47100 449:35 92235 23;001 -24,000 243,00 230.85 473,85 63,001-64,000 477.50 453;63 931.13. • 24,001.-25,000 .252 00 239.45 491.45 •64;001--65;000 48200 457.90 939:90 25;001-26;000 258.00 245.10 503..10 65,001-66,000 486.50 462,18 948.68 26,001-27,000 265:00 251.75 516.75 •66,001--67,000 491.00 466.45 957.45 27,001-28;000 271.00 .257.45 528.45 67;001-68;000 495.50 470.73 96623 28;001--29,000 278.00 264.10 542.10 68,001-69,000 500.00 475:00 975.00 29,001-•30;000 284,00 269.80 553.80 69,001-70,000 504.50 479:28 98178 s:/fces/sd,edelc of lets (revised Sept.S.2008) .Page. '7 C-5 1373\08\118309620 12/9/2013 2014-39 • fO.T 1] - Blil Plan Sub I'U'f:V� :' Bldg`; YAL8,A1160:(3) Permit Review 1ul l VALUI']ION(S) Pont ,.Reiiewlee lofll Fee Tc Tee 70,001 71,000 509.00 483.55 992.55 120,001-121,000 713:00 677.35 1390.35 71,001-72,000 513 50 487.83. 1001.33 •121,001-122;000 716.50 '680.68 139718 72,001--73,000 5:1:8.00: 492.10 10.10-10 .1.22,001--123,000 720.00 684.00 1404:00 73,001:-'74;000 .522.40 :496.38 1018.78 123,001-124,000_ 723.50 687;33 1410.83' • 74;001-75;000 527.00 500.65 1027:55 ;124,001-125,000 727.00 690.65 1417:65 75;001,-76;000 531.50 504.93- 1036.43 ;125,001--126,000 '730.50 693.98 1424,48 76;001-77,000 536;00 509.20 194520' :126,001-1.27;000 73400 697 30 1.431,30 77,001.-78,000 54040 513.38 1053.78 1,27.1X11-128,000 737.50 ' 70163. 1438:13. 78;001-79;000 54500 517,75 1062:75 128z00I-129,000 741.00 703.95 144495 79001 80,000 5.49;50 522 03 1071.53 129,001 136000 744.50 70728 145178 86001.-.81,000 554.00 526.50. 1080.50 130,001 131,000 748.00 71660 ..1458;60 84001-82;000 55850 530.58 408908 131,001-132„000 751.50 713293 1455.43 ;82;0.01-83,000 55300 '.53483 ;1097.85 1:3"2,001-133,000 755,00' 71.7,25.. 141215 . 83;001-.84;000 557:50 ..5.39.13 1.106.63 •133,001-134;000 758.50 7.205 8 14751-1)8; 84;001 85;000 57200 ,543.40 •1,11540 .1.34,001 135;000 ?62;00 773,90 1'485.90 85;0.61-86,000 576:00-".547.68. 1123,68 135,001 136,000 7-65.50 727.23 1492.75 84001"-87,000 58100 ' 551.95 11.32.95 •136,001 .137;000 76900 730.55 .1.49.-5 843001-88;000 585;00 1556.21 11•4L:23 -117,001 1381000 77150' '15138 1506138 :88;001-,89,000 59660 56050. 115.6.50 ;138;001 139;600 176;00: 73720 151.120 89.001 90000 594 50 :56438' 115928 139,001 140 000 779.50 740 53 132403 ;#:fix r.'Y.,�;r'l?fik�.�3M x i' 3 t r 4s ,.a. 'lti.:..�i t x .r~-r', r'{ -w-.,,•AC ,- :.q. !, t..ry .� fir,... c-o MFiw... .. .N{,.,,1 )..'�.sb� r;,. ��..3t:. 90;001-91,000 59940 559.05- 7.168.05 f 140,001 141,000 783:00 143,85 1,52685, 91,001 92,006 403.50 .573 33" 137683 141,001 142,000 786.50- 1.47.18 . 1533;63. . 92;001 93,.000 60850 :.517.60 1186.10 ,142,001.143;000 790.00 '75050 1540x30 ,:93;061 94.000, 61250 15.81:88. . 1194.38. 141001 144,006 793,50 .. .7x .83., ... _154'70 ... 9.4;001-95;000 •5:17.00 `.586.15 1203.15 144,001-1455,000 797:00 751.15 155'4.15 • 95',001 96,000 •62150 590.43 1211.93 .145,001-1'46,0.00 800.50 760198 1561)9.8 96,001'-97000 626:00 .594.70 1220:70 146,001-14:7,0"00 : 80440 163:80 _1567;:80 97,001.-:98,000 530;10 ':548,98: •1229.48 1:47,001-148;000 807.50 7671.3 1574;63: 98,001 99;000 63506 .--.603.25 1238.25 148,-001 .:149,0:00 8.1-1.00 '77641 1581.45 ..., 99g1-.100060 63940 607 53- 1241,03 149 901 7,150400 .514.50 77338 158$28 ) 17 ' YS4, e . lit 'a o.,: c -" „ F 3 , r wa�-mgtflant.k 100001=101,000 643,00 610.85 • ]50,001-151,000 818.00 "7774.0 1'595.1'0- 1.01,"001 104000 646:50 '':614.1/1 1260.68 :151,001-152,000 821.50 18643 1601.93 102001 .102,000 •630.00 617,.50 1267.50 ,152,061-151000 825,00, . 78175 ,160815 101001 104,000. 653;50 :620:83 1274.33 1.53;001-1'54;000 828.56 181;08 161158' 1.04,001 105;010• .657 00; ;..624.15 1'281,:15 154,001-155,000 832:1)0 79040 1622;.40 1.05;001-='106;.0.00 66J 50; .627.48 1287.98 15;1,00'1-156,000 035.50 79333 1629,23 1p45;00)..-:'107;000i 654,00 '6341.80 129'4.80 .1:56,00R 157,000 - 839.00 1977055 160'45: 7:07;001-:198000. 667.50 634.11 •1301.01 157,001 -158;000 842.50 100.38 1642:88 1.08;00L-100000; 611:00 .637.45 1308.45 158,001-159;000 114600 :803.70 .1649:76 10%001.-710,060 674.50 640.18 1315.28 159,001-160;000 849.56 807.03 115633 110,001 111,000 678:00 644.10 1322.10. 160,001 161,000 853.00 810.35 1663.35 111.,001 112;000 681,50 647.43 1328.93 161,001-162,000 856.50 81348 16713.18 112,001.-1:13;000 685:00. 650,75 .1335.75 162,001-163;000 860:00 817:00 1677.00 113,001-114,000. 688.50 654.08 1342.58 •163,001-164;000 863.50 82033 1.683.83 114;001 115,060 692.00 657.40 1349.40 164,001.-165;000 867.00 823.65 1640.65 111,001- 116,000_ 695.50 660.73 135623 165,001-166;000 87050 826.98 1697.48 11.6,001--1,17;000 699.00 :664.05 1363.05 166,001-167,000 87400 83630 1704.30 117,001-1.1 8,000 702.50 667.38 1369.88 167,001- 158,000 877.50' 833::53 ;1.711.13. .1.18;00.1-"119,000. 706:00 670.70 1376.70 168,001-169,000 881.00 836.95 1717.95 119,001-120,000 709.50 674.03 1383.53 169,001-170,000 884.50 840.28 1774.78 For higher vatuotions use the formulas below. safces/schcdute of fees. (revised Sept.:8,2008) pose 8 C-6 1373\08\1 183096.20 12/9/2013 2014-39 Building Permit Fees: For valuation ranges beyond the.scope of the above table the following formulas can be used to determine the basic building: permit fee: Whet.e the valuation'(V)is between$100;000.00'and 8500,000.00-- $635:50 for first$700000:01):and 3'360 per 1,00q.00 thereafer,;or, 14.100.000 Building Permit Fee'--=$639.50+ toot 3.50 Wherc:the valuation(V)is between:$500,000.00 thru.51;000,00.0:00-$2,039:50 for first$500;000;00 and$",00 per 1;000.00 thereafter„or Building Permit 1t'ce;= $2039:50+( 14500.000 1000 1 , 3:00 'Where theviduation(V)1531,000,000,00,m'greater'.-$3;539:50 for first$1;000,000:00 end.$2.Ci0.:per 1,000.0(Ithtjtafter,or Y-0000.'000 ' -Buildipg Permit Ep = $3539:50+ . .1000 J(.2.00: .Plnn:R`eview Fees: J 'For v0lüation ranges beyond'the:scope.of this table the Plait Review Fee shall be a$follows;: Ccuitmbretdl/lrulustiwl end:ly it family Resldentiat:: 95%of tha:caleulated buiiitirigpenrtit?fee' sdfccs/stacdule of fees. (revised Sept.5,2000) Page 9 C-7 1373\0811183(196.20 12/9/2013 2014-39 . , • Single,family Residential.Rewirc(plus.seryiee) $.056 Apartments,condominiums per sq ft.(plus service) $.050 Commercial buildings per sq:ft.(plusisentice) $.015 Electrical Service 1.1p1o200 amps $3030 200-amps.to 1000 amps $62.15 1000 amps and Over $12430 Suhpanels 18.20 Tem porary:Pow.er Poles $23:50 Meterfaile 3'1130 Eaeh,C8tension.1Ole(60 meter): 'Thii*Schcthd .$1,10 ,ReceptatleS,lights,::switclieS-fiist,20,,eseh $ Atter ZVe.a0b $4175 RattgicievekmailliergrY:er10/0 Unit eitapUrrititte.cooler,..eath EleetBeal:Siglis(for electiiieS1'1;yok.V-,ditesliotinelnde the Sigri.strUcture) 32460 AdilitiOnalltfineh*atilt it/Rhin:WOO Sign •$ 4:75 : Meteilteset $40t00. When issued in OonjUrietioniWith Olaf work $1.100 Elteh actititiOnalmeteron:Same huiklinotiot 310:00 • .$60:00 Sohn:Eileily'Sptein'i 11.6:chalfge 'PrivateSmitnnting.P6olst 449:50 Pewit.Apparatus(Mototi4 geiteciitorsjirtinSfornien,:inilustrial -00ting,:cdoling ot cooking erytiipmerit;etc) Uptolhn 475 .iOtie.er 1 iolalip $1,2.30 -Over 1.0.1030hp .$2460 • • 50:0100 hp 34930 Oita 100.hp $74:50 araivalkanctetecttSes Generators aratEleetrically1Driven.Rides $23.50 -Mechanically Driyen.Rides,Walk:Mint ettiactions•w/elcc.lighting $ 7.25 -System of area booth lighting $ 7:25 siremiseseisiic f fees (rtvistd Sep15,20e5) Page 10 C-8 1373w8\1183096.20 12/9/2013 2014-39 • T sbli 5. _ plrt nbtng.Fe s, Plumbing fixture,each $9.80 Gas meter reset.(gauge'test required) $40.00 Gas meter reset(when issued in conjunction w/other work): $11.00 Gas meter-each additional meter on same building-or lot $10:00 House sewer,each $24.65 Cesspool sans Private.Sewage Disposal System 374.50 Demo Septic/Pit $22.00 Water.heater,each .$1'2130 Repair of alteration of drainage or vent piping .8 435 Gas-piping syitern of 1 td 5 qutlet% $6.15 Haeh;additidnal outlet over 5,,per:outlet $ 1.10 Industrial-Waste,pretreatment interceptor,ekcept kitchen. type-grease:interceptotsfunctirMing<:ay-fixture[aps.. ::$19:90 Water Piping installation,alteration.or:repair $435 Drainage/vette.Piping $435 L_awn;Sprinklcr System on:any'.one.meter $14.80 Rainwater systems-per dinin(inside;building) $9.80. d9finfnldtii''ec $:60:00 :Soint,Energy Systenis ,No:Charge ��it 5:1 V g Y + aLL ',i Sr£ q - .. : 6: t. ..'s. '' t.�. ,...�T 1Vlet:llsl111C'sil�FCl'�_';�t ..�..... ,�.. ,..ti,atk „r -;' MUM 100,000 BTU. $14.80 PAD over 100,000 DTU 118.20 t1/C;iiriit np ta3 titna $.14.80' A'C-unit;oiler 3 tons up to 1.5 tons • $27.15 Twit-pack:(iew--or replacement,incl tcks gas.or electric) $29:60 Wall heater,floor fumuce,suspended heater $14.80 Evaporative cooler 110.65 Bath exhaust fan $7.25 Grease hood and duct systems $10:65 Duct.alter $10.65 Air-handling unit HVAC $10.65 s:/fees/schedule of fees (revised Sept.S,2005) Page 1 C-9 1373\08\1 183096.20 12/9/2013 1014-39 .a e 7.; Mo on'e P:L Feevr. Installation/Set-up $196 Earthquake.Bracing Systems $196, Accessory Buildings (Cabanas,.Ramada.%Patios,Blockwiillt,Garages, Awnings,Carports,Porches,etc) -Without Standard Plans Based on valuation -With Standard Plans $996: .Fees For Constr./Alteration of Mobilehome Park Facilities For Each Lot $ 5:75 - Electrical Fee:Fade Service 114.00 Street Lights. Si 3.00 - Unit Substation/SecondaryDuStribution Tfanefornter $10.50 - Alter/Replace Sery ice or Transformer • $IQ,50` Mobileliotnc.L4t Service t$,7:00 Altet/repair/replace lot set ii a $2;00 .Pltin Rtvic .:Fees .(not.charged to.nm Stapdard.Pl'ans): .eased on.valuation Pliinibing Fees 'Park Drain System =$:14:0.0 Pritate;SewageDisposal or Water Treatment.Systein 314:00• L'.otDraiir,lniet $.7,:00 Alter/Repair of Dretpage/Vent'Pij ing $'TOP' .Perk Water Systent 4.7.;00 Water ServicS atitlets:(wate,rm eters) $:425 Tire Hyslratit;Or Riser 5i 4.25 Water Conditioner 1 425 Flu mbing Firtures/fiiluipment(alter%repairlreplacc) $425 Park Gee•Piping System $ 7:00' LPG orNatiliral G'as;Inhk of•60'ga1 orni:orc 5 7013 lvtotsilehcalieroor Gas Riser S.4:25 Glt 33i tr'ibuttoti;Erluipnteri (alterltepairlrtplaee) $:4.2s Iblist ellaneotis FacruijM tent cacti lnstallatitii) $':. 7:00' '�'itblc 8"� A. !.•`, -Ml�cle�l:tneouis^�Fees } `;s�, ��' ;.�. t ...., :.�� P.er uai ssuapce.hees:(ta he,tnetuee,t on.atl penntts) 349.00' 'Stipplemontal.lssuanee.Fee. tvliiiitlttita PernlitFee' 56000 inspections—Hourly $94.45 Reiri'spection,kee 1.94;45 Inspection Outside Normal Business-lours 31:88:90-*$94.451111%beyond 2 hr Zommng:Consistency Review:Fee.(131ilg:Permits,Demo,etc) 354:00 Certificate of Occupancy :5478..138 (if included on building permit) $133:62 -Strong Motion Instrumentation Program."(SMIP)Fees: Residential = .09Q1 x Valuation Strong Motion:Instrumehtntion Program(S1vnP)fees are:imposed'bythe State of' California and'provicfe funding for seismic monitoring and instrumentation Com/Ind. .00021 x Valuation throughout Slate. (including.hotels) Technology lee .2%of plan.review&permit fees Archive Fees - Per Perm it or Application '$1.00 - Plans '$2.00/sheet - Documents °$.25/page s:/feet/schedule ekes (revised Sepl.a,1003) Page 12 C-1.0 1373\08\1183096.20 I 2/9/2013 LU14-39 • ,10....,i-i4e.„.,,i,,,.,,,. . , ,:::::.:44. ,,,„,_z.,:„:;.-: Engineering Division 71; Development Services Department N !`` „ 170 Plcrth.'V Street,3"'Flcor,San"Bernarcino CA 92410-001 a n; Phone: . ..:C0-1,,`• .:(]t .;,, ((909)384'-5111 Fake. N09)?r34.5115 Dau Iiernarifll : Websfte::: m w sb ibnorq • • .ENGINEERING DIVISION SCHEDULE..OF FEES Fees Effective July[8;;2709 Base • Issuance Technology Archive Type of Application Fen Fee Fee(2%) Fee Per Total Sitretl •Basic PeimitFees: ngineeringPermit $451.00 $ 90 $1`.00 $4690' Blanket Permit $53:QQ $106; .$1.00. '.$55.05 Permit:Extension? $43;00 $.86 $1,00: '$44 86" ;Perms lent Encraachnient:Permit $625.00 $..40-0 $12.5.0. $1100 `$683.50 Temporary EncroachmentPermit:Y. N6<bane closure $2S_00 $.40 $1 A0 $i.Oq $74 60 w,th l,ane;ciosure`(First'Day)' $136 00 $A5.00 $3 622 $1.00 •• $185 62 each Addi.tionai.Day; $60 00 "* $1.20: * $61:20: Combo Lane Closure W.ith'Excavaiia:n $ 6.00 $53.09 $6.78: $1`.00. ,$3.46:78 Special,Events;Encroachnient:Permit: With A Lane Closure: 1064:66 $45.00 $10 9.0 `'$10o $556.90 - With A•Street Closure $514".00 $451.00 $11:.10 $1.00 $571:18: Road Closure(First Day) $302.00 $45.00 $6.94. •.;$1.00 $354.94 Road Closure.(Each:Additional. $302:;00 * * * $30200 Day)'. 'Oversize.Load Permit/Buifding:Move:. - One Day Permit(state Fee) $1.T.00 * $,.184 $1;00 $18:34 - Annual Permit(State Fee)° $95-.00 * $1 90: $1.00: $97,90 Hauling Permit: . - First Day $393".00 $45.00 $7.86 $1.00 $401.86 _. Each Additional D ' $100.00 * $2:00 s $102.00 Excavation Permit(Per Day) $150.00 $45.00 $3.90 $1.00 $199.90 1 C-11 1373\08\1183090.20 12/9/2013 LU14-39 • Base issuance Technology Archive Type of Application Fee Fee Fee(2�/o) Fee,( Total. Sheet Traffic Study Report • Base Fee $719.00 * $14.38 $.25 $733.63 - Extended Review(Per Hour) $80.00 * $1.60 * $81:60 Final Map or Parcel Map Review: Base,Fee $2,210;00 * $44.20 $2.00' $2,256.20 .Per.Lot Fee $55.00 * 4i-2% -Each Additional Review $135;00 * $2.70 '* $137.70 i - Final Map Continuance $404.00 * $8'08 *" $41.1.08 - Certificate.ofCorrection(Per $97:00. * $1.94 $2,00. $100.94- Hour) Off-Site Improvement Nan Check Pee/Based on.Construction Cost Estimate Minimum$50;0O Charge 4% * 4 2% $2:00 On-Site`Improvement Plan Check: Fee/Based on=Construction Cost Estimate 2% * +2% $2,00. Grading:Plan Check;Fees; -• 50or Less.Cubic Yards(CY) No Fee * ,* * * - 51-100 Cubic Yards(CY) $15.00 * $.;30 $2.00: $1,7.30 X01-1,000 Cubic Yards(CY) $22.50 * $;45' $2:00: $24:95: - 1,0'01:-10,.0.00:Cubic Yards.(CY) $30:00 * $;:-:60 $2:00 $32.60 - 1'0/001,-100;000 Cubic Ya rds $30;00315:00 * +-2%• $2:001 (CY) additional:10;000 CY +2%: $2.00. - 100,001-200;000 Cubic Yards $165.00/$9:00 * (CV)- additional 10,000 +2%. $2.00 CY -= 200,001 Cubic Yards(CY)and up $255.00/$4.50 * additional 10;000 CY Fear or More Plan Checks $85.00 * +2%. $1..00'' Review.Revisions to Approved Plans $137:00 * $2.74 $2.00 $141.74 Review Fee: - Certificates of Compliance $828.00 * $16.56 $.25 $844:81 - Lot Merger $828:00 * $1636 $.25 $848.81 - Lot Line Adjustment-Single * Family/Owner.Occupied $414:00 * $8.28 $.25 $422.53 - Lot Line Adjustment- Commercial/Industrial $828.00 * $16.56 $.25 $844.81. 2 C-12 1373\08\1183096.20 12/9/2013 2014-:39 Base Issuance Technology_ Archive_ , .. Type of Application Fee Fee Fee(2 0/o) Fee Mu Total SI eet Off-Site Construction Inspection Fee/Based on'Construction Cost 4% * 1-2% * Estimate On-Site Construction Inspection Fee/Based on Construction Cost 3% +2%, Estimate Grading.Inspection Fees: - SO or Less Cubic Yards(CY) No Fee * * *' - 51-100 Cubic Yards(CY) $150.00 * $3.00 * $153.00 -- 101-1,000 Cubic:Yards•(CY) $225.00 * $4.50 * $229.00 •- 1,001-10,000 Cubic Yards(CY) $300:00 * $6.00: * $606:00: - 10,001 -100,000 Cubic Yards; $300:00/$100:00 * +2% * (CY) additional-10,000 CY 100,001.-200,000 Cubic Yards $300:00/$100:00 (CY). additional 10,000 * +2% *' CY - 200,001 Cubic Yards(CY)and up $300:00/$100:00 additional 10,000. CY *. +2%0. Blanket Permit Inspection(Per $73.00 * $1.46' '*' $74.46 Location) Re-inspection' $59.00 * $1.18 * $60.18 Bond Release Inspection $59:Q0 * $1.18 $1.00 $61:1.8 After Hours and Holiday Construction. Inspection: - :4 Hour Minimum :$369.00. * $7.38. '* $376.38• - Each Additional Hour $92.45 * $1.85 * $93.30 Review of Storm Water Pollution Prevention Plans.(SWPPP): - Commercial and Residential $410.00 * $8.20 $;25 $418.45 Projects -- Industrial and Linear $265:00 * $5.30 $.25 $270.55 (CIP/Utility)Projects Review of Water Quality Management Plans'(WQMP): - Non-Categorical $80.00 * $1.60 $.25 $81.85 - Categorical without Conditions of $365.00 * $7.30 $.25 $372.55 Concern Categorical with Conditions of $1,130.00 * $22.60 $.25 $1,152.85 Concern - Four or more Reviews(Per Hour) $99.00 * $1.98 $.25 $101.23 3 C-13 1373\08\1183096.20 12/9/2013 ZU14-39 • Base ' Issuance 'Technology Archive ' ' Type of Application Fee Fee Fee(2%) Fee laer, Total Sheet Review of Erosion/Waste Management $75.00 * $1.50 $.25 $76.75 Control Plan National Pollutant Discharge Elimination System(NPDES). Construction Inspection. '$98.00. * $1.96 * $99.96 - Less Than 10 acres: $:179,00 * $3.58 * $182.58 -• 10.Acres or.More N.ational:Pollutant Discharge Elimination S` tem':NPDgS .Business * $2:86: $1:0.0: $1455;86 ys (; ) $143:00. Inspection: Hydauilc/Hydrology Study: - 'Three Hour Minimum $487:00 * $9:74' $.25, $496.99• • - Fonr or Mare Flours $100.:00: * $2:00' $ 25' $102.4$ Temporary Certificate cif Occupancy $520:00 * $10:4; $1.00 $530:25 Engineering Letter $100.00 $2:00 $.25 $102.25 Street Name Change: Pius theCost of the Sign $045.0.0 * $25.:90 $25: $1,372.15 Sewer.Capacity:Analysis: - Minimum Fee $280;00 * $5.60 $:25' $285;85 - Extended Review-(Per Hour) $80:00 * $1,60 $.25 $81.85 Street Light Electrical-Energy Fee 70W k800L Type A; $420.0:0.Each .k $8..40 $428:40 100W 9, 00t Type.B' $47180 Eath * $9.52 $482.26 150W 16,0001; Type C. $720:00 Each * $14,40 $734.40 - :200W 22 000L Type.D $912.00 Each $.18:24 $93024 Billing Fee $5:9:00 * $1,18 $.25 $60A3' Street or Alley Vacation Deposit. $1,000.00 * $20.00 $.25 $1,020.25 - Balance Due Prior to Processing $1,000.00 * $20.00: $.25: $1,020.25 Dedication of Right-of-Way(Each): - I.Legal and Map are Provided $315,00 * $6:30 $.25 $321.55 - If City Prepares Legal and Map $800.00 * $16:00 $.25. $816.25 Private Party Annexation Request $14,750:00 * $29500' $.25 $15,045.25 City Property Lease Processing $2,100.00 * $42.00 $.25 $2142.25 4 C-.14 1373\08\1183096.20 12/9/2013 ZU14—i9 • Base rssuance ,Technology _ Archive Type of Application Fee Fee Fee(2%) Fee L Total Sheet), Community Facility District Verdemont Area Only $7;010.78/Lot $140.22 $.25 $7;151.25: - Residential in Lieu Fee $386.43/Lot $7.73 $:25 $394:40 — Residential if in CFD 2009/2010. $48,975.34%Acre $979:51 $.25 $49,.954.46 — Industrial/Commercial in Lieu $2;699.48/Acre $53.98 $.25 $2,753.72. Fee. — Industrial/Commercial if in"CFD $5,900 *1.18.00. $.25 $6,018.25 2009/2010• — CFD Formation Fee Assessment District $5,900 $118.00 $.25 $6,018.25 Outside City Sewer Service Permit $1,300.00 $45.00 $26 $1.00. $1,327 Archivecfees are.$•1.00per'permit,$2.00 per plan sheet and$:25;p er document. Total archive fee will vary base on.the total hunter of case file documents. FEES FOR DOCUMENTS&MAPS Account#.001-000''-4710 Documents The General Plan, Development Code, and other docgments are available on the Clty's web page: www:sbcitv,otq,select Departinentsarid.DePdopment$erieke.3'and Planning. Maps Maps are available`iii the General Plan located on the City's web page:www.sbcitv;orcy.select Depait/nen&and Development Services and Planning. Copying, Photocopies ..:;.... : ............ ........354.first page,.plus'154 each additional page 5 C-15 1373\08\1183096.20 12/9/2013 2014-39 � � ,,;7 ,��, T • Planning Division Community Development Department • I A i 300 North°0„Street,3r4 Floor,San Bernardino,CA 92418-001 {C{r Tac;•or,",r . Phone: (909)384-5057 Fax: (909)384-5080 Saar Beniai 110 Website: wwwsbcitv.orq PLANNING DIVISION SCHEDULE: OF FEES Fees Effective:January 1,2009 ease Technology. Archive' Type of Application Fee Fee Fee Total Amendment to-Conditions: Director review(DP1) $583 $11.66: $8.00 $602.66 -D/ERC review(DP2) $822 $16.44 $8.00 $846.44 -Planning Comm.Review (Cur/PP3/sue) $2,550 $51 $8,00 $2,609.00 Antenna Development Permit(DPI) $2,938 $58.76 11.25 $3,008;01 Appeal to Mayor&Common Council, -Non-applicant,City resident $177 $3.54 $2.00 $182.54 $1,766 $35.32 $2.00 $1,803.32 -All others Appeal to Planning Commission -Non-applicant,City resident $278 $5,56 $2.00 $285.56 All others $2,772 $55.44 $2.00 $2,829.44 Conditional Use Permit -Alcohol outlet in existing building $3,858 $77.16 $12.00 $3,947.16 -Commercial&Industrial(non-residential) $7,133 $142.66 $12.00 $7,287.66 -Residential(Condo,HMOD,Guest House) $2,809 $56.18 .$12.00 $2,877.18 -Revision $2;.113 $42.26 :$12.00 $2,167.26. Design Review Full Consultant Cost 's Development Agreement or Agreement Direct Cost +2% * Amendment Recovery Fee Development Code Amendment $7,449 plus Full $148.98 * Consultant'Cost Development Permit - Type 1(DP1-Director review) $1,070 $21.40 $11.25 $1;102.65 - Type 2(DP2-Dev.Review Committee) $6,890 $137.80 $12.00 $7,039.80 - Type 3 (Planning Commission) $7,191 $143.82 $12.00 $7,334.82 - Type 3 (Mayor and Common Council) $7,288 $145.76 $12.00 $7,445.76 C-16 1373\08\I183096.20 12/9/2013 2U14-39 Base Technology: Archive Type of Application.. Fee Fee . Fee Total Document Copies Varies-see page 4 Environmental Study(Initial Study prepared $3,273 $65.46 n/a $3,338.46 by staff for MND with MM/RP). Environmental Impact Report Direct Cost Recovery Fee plus Full Consultant Cost Extension of Time -CUP&Development Permit 2/3. $3,922 $78.44 $11.25 $4,011.69 -Tentative Tract Maps $4,768 $95.36 $11.25 $4,874.61 Fence/Wall Permit $56 $1.12 1.50 $58.62 . Fire Fees - CUP&Development Permit 2/3 $413.45 $413.45 - Subdivisions,Tentative Tracts,Parcel $361.85 n/a n/a $361.85 Maps,and Lot.Line Adjustments (CA Dept of)Fish&Game Fees(Make check payable to"Clerk of the Board of Supervisors") Environmental Impact Report $2,768.25. +$50 Admin.Fee $2,818.25 -Negative Declaration(with or without $1,993.00 +$50 Admin.Fee $2,043.00 MMRP) $59 _$50.00 Notice of Exemption General Plan Amendment(text or map) Direct Cost Recovery, Fee($1500 Deposit) Historic Preservation Report Direct Cost Recovery Fee($815 deposit plus Consultant Cost) Home Occupation Permit $268 $5.36 $2.00 $275,36 Letter of Zoning&Gen.Plan Consistency $450 $9.00 $2.00 $461.00 Lot Line Adjustment $477 $9.54 $8.00 $494.54 Minor Exception -Concurrent with another application $288 $5.76 $4.50 $298.26 -Owner-occupied single-family residence $268 $5.36 $4.50 $277.86 -Other $792 $15.84 $4.50 $812.34 Misc.Environmental Report Review Direct Cost Recovery Fee($245 deposit)plus Full Consultant Cost($327 deposit) Minor Modification/Revision $561 $11.22 $4.50 $576.72 Phasing Plan Review -If not part of original project review $823 $16.46 $12.00 $851.46 -Dev.Review Committee application $514 $10.28 $12.00 $536.28 (DP2) $536 $10.72 $12.00 $558.72 -Planning Comm.application 2 C-17 1373\08\1183096.20 1 2/9/2013 ZU14-39 Base , Technology_ Archives';. Type of Application Fee _ Fee Fee. Total (CUP/0P3/SUB) Planning Commission Interpretation $1,119. $22.3.8 n/a 1141.38 Public Convenience or Necessity Letter $636 $12.72 5.50 $654.22 (PCN) Pre-Application Review-DRC Review $2,424 $48,48 $6.00 $2,478,48 (If an application is filed within 60 days ofthe review, $1,500 wilt be credited toward that application.) Reconsideration by the Planning Comm. $506 10*.12 n/a $516.12 Sign Permit $182 $3.64 $5;50 $111.14 Requiring Conditional Use Permit $3,858 $77.16 $5:50 $3,940.66 -Temporary $111, $2.22 $5.50 •$118.72 Sign Program $610 $12.20 $5.50 $627.70 Specific Plan or Specific Plan Amendment Direct Cost Recovery Fee plus Full Consultant Cost Temporary Use Permit -Director Review $450 $9.00 $4.75 $463.75 -Planning Commission Review $782 $15.64 $4.75 $80239 Tentative Parcel Map $4,262 +2%of $8.00 Varies plus.$65 per parcel calculated base fee Tentative Tract Map(for Single-Family $7,561 +2%of $8,00 Varies Residential,Condo's,or P.R.D.) plus$65 per lot/dwig calculated unit base fee Tentative Map Revision-Tract/Parcel Map $2,113 $42.26 $8.00 $2,.163,26 Tree Removal Permit $506 $10.12 $4.25 $520.37 Variance $2,724 $54.48 $4.75 $2,783.23 -With another application $910 $18.20 $4.75 $932.95 Single Family Residence $322 $8.44 $4.75 $333.19 Vesting Tentative Maps Direct Cost Recovery Fee plus Full Consultant Cost Zoning Form-written verification of zoning $22 $.44 $2.00 $24.44 only Zoning Verification Review(for Business $37 $.74 $2.00 $39.74 Registration Certificate) *Archive fees are$1.00 plus$2.00 per plan sheet plus$.25 per document. Total archive fee will vary base on the total number of case file documents. 3 C-18 1373\0811183095.20 12/9/2013 ZU14-39 Direct Cost Recovery Fee The Direct Cost Recovery Fee shall include all City labor and material costs,both direct and indirect,including overhead charged against the specific item being discussed.The applicant shall pay a deposit for the Direct Cost Recovery Fee at the time of filing the application. Full Consultant Cost The Full Consultant Cost shall include all costs incurred by the.City under contract with a consultant. The applicant shall pay a deposit for the full consultant.costs at the time of filing the application. Deposit Required The applicant shall pay an initial deposit of$1,500 (or the..deposit listed in the fee schedule)at the time of filing an application on which there is a Direct Cost Recovery FeeThe applicant shall pay an initial deposit of' $1,500(or the deposit listed in the fee schedule)at the time of filing an application on which there is a Full Consultant Cost Fee. When 75%of a deposit has been expended,and the Planning Division determines that the estimated remaining costs of the job will exceed the amount deposited, an additional deposit of such excess shall be required. Notification of the additional.deposit required will be mailed to the applicant,Who shall deposit such monies prior to the date specified in the notice. When an additional deposit has been requested, work will be suspended on the project when 95% of the deposit previously received has been expended. Projects will not be completed with money due, if an additional deposit is not made by the date specified In the notice,the moject shall be deemed withdrawn on the date specified without any further action on the part of the City of San Bernardino and without refund of any money deposited for services nerformed. Such project may be reinstated only if additional deposit is made within 30 days from the date that the project was deemed withdrawn. If a project involves multiple applications,the full amount of fees for each type of application shall be paid. Refunds will be made by the City of any fee'that was erroneously paid or collected,for any unused deposit monies.of Direct Cost Recovery Fee ar Full Consultant Cost Fee after all changes for the project have been determined,or as determined by the Director.. Fees are automatically adjusted annually on January 1st of each year,based on the latest available Cpnsumet Price Index increase from the prior year. Fees adopted per Resolution No.89-471(11/22/89),Resolution No.91-148(4/18/92),Resolution No.2003.211 (8/4/03), and Resolution No. 2006-325(9/5/06). Fire Department'fees authorized by Resolution Na. 1999-173(7/13/99)and Resolution No.2006-325(9/5/06), Technology Fee of 2.0%Is authorized by Resolution No 2008.149'(05/07/08).. FEES FOR DOCUMENTS & MAPS Account#001-000-4710 Documents The General Plan, Development Code, and other documents are available on the City's web page: www.sbcitv.orq,select Departments and Development Services and Planning. Maps Maps are available in the General Plan located on the City's web page: www.sbcitv.orq, select Departments and Community Development and Planning Copying. Photocopies 354 first page,plus 154.each additional page 4 C-19 1373\08\1183096.20 12/9/2013 Z014-39 , _ t } � .. t Teporary Fee Reductions du ctions F m • t _ t and Deferrals. � �: r Eflaslive 1u1y21 200. Expires. Atigust2;2014 ti CITY OF .Buildixg&Safey Ditrisio s,Co,nncun tyDeveldpmeni.Dept. 300N'orthDStr ce4Sei:13t'ncifn0..OA,92418 Salt erli Ilia ' P11(909)384.5071 PBxt909)3$4SUg0' Wabaite- I5 WW sbcitY'oi`g ❑eudopnient Impact Fee Reductions-Resolution 2010-266 ' •F 4.;if.S3 so13.0c.61140,. AMOIJ NT,OF REOU LTI O,tI `lla.Y EnfoicFmtrit Fai ilitiee Ml Mew Occupancie:s.'. 50%; :Fe Sappx.65oFacliti : ::A111,1 eW Ocecupancies 5056 :r . 'LbratyFacfltlts NewPesidntiat 55% q �le !Aatic F itl N evR e side na 5S%z •ParklndAc.gUl5itlon .New::Resldntlat 56% .Service Fee Reductions Resolution 2010.260 P.E.:TY PE'.. RPPl1CA,.B„,,UTTY;' •AM OUM7..OF'R)U.0 cfnON'• ( Sind a family$Ubdtvrsitlrisof;S or 50$ Archive Bfd Fir¢,PIngJ;; {, , mote units,.. Buildi:4,OitningReviFw Townhome5.: 50% . . P03` Cpn tondrininis 50% 4.0., --,..0Rkmit' CprnIne rcial and 50% Engrneeringpsriiti .(Gtading,.Oh Offices;. 50% site CiPf`site Landtcepl'hgp: Eire Ptan4 evievr/In;pectlnn- s , % " 60 Fire$ t iikler : 50% !issuance (Bldg' 50% PlaniR'eyirw`(Bidg,'MFlre; 50% '�: (B14"•Ping) 50% 'Technolog •WQMP 50% Hydrology; 50% SWPPP 5096 DEFERRALS UED VELOPMENTIMPACT'FEES PEETY.PE'.: '.APPUCABIUTY• REFERENCE Law Enforcers-etlt.Facilities Single-famoily.Subdivisions of 5 or Reso:2008-81 Fire Suppression Facilities more unit;,and . Reso.2010-247 Library Facilities Flew Com roe i,cial,Office,or Aquatic facilities Industrial. Parkland Acquisition Local•Clrculat ion Re gi o n al;Circulatio n': Public'Meetings Facilities Storm Drain .Plus all single=faniily.reside nee s Peso.2010-247 and SBMC 3:38:040 Sewer Connection AILsingle-family residences Only SBMC:13.08 0.55101 1L/S:B1dg and Sefetyf_all form s/ is vinakapust2,2032) C-20 1373\08\1183096.20 12/9/2013 2014-39 EXHIBIT D CURRENT IMPACT FEE SCHEDULE COMMUNITY DIWF ,OPMENT DEI'ARTMIV,Ni° BUILDING&SAFETY DIV[SION �� o> 300 North"D St et•S ut Benardno CA 92418-0001 FlannIng&Building 909-384-5057 Fu 90'9384 5080' Wtvvv.shciry.org' Sal I'llill'i 1I�0 •• I It,ttsing:Autlrori ty The Impact Fees:are.otilculated for the dwellings only;all other.;communiity structures• :will be'provided:shortly. Thc.folliiwipg;feas were assessed.un ter.the following parameters: • Extsttne Site. :NL►rnber o'f existing C3ivelliitbs is 25 lutttber;of eitsting Bedrooms is 59.E • 'New Sttt Dest«n.: Nuthber of rceW Dwellings is 4.11' Number ot'new Bedrooms is 848 Local Traffic $24 689 5 : Regional'Traffic: $258,534.00 Law Enforcement: $90,02$;98 Fire Suppression I ibrary acilities(6oliectls n Yee:;. $80 3-4110 Aquatic ttclhttcs:Fee' $4t 022.00 Public•vleetings raciliticsPee: S t37;032.56 • Sewer Connectiion Fee' • S 106;638.06 Storm Drain Fees' $257•,686.53: Ouiinliv Parkland `ec: S 1..197.818.55 Total Itntiact.Fees S2,349,1 56.57 Cultural Not Included D-1 1373\08\I 183096.20 12/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS l ENGINEERING COST ESTIMATE STREET IMPROVEMENTS(Off Site) REVISED:JULY 15, 2009 Developer. _- Planning Case# Engineer: TM No,/PM.No.: - Phone No: Date: Drawing No: ITEM 'QUANTITY UNIT UNIT COST AMOUNT 8"Curb and.Gutter, $16:27 . $0,00 6'Curb Only. LF 51[3.02 $0.00:_,. 8"Curb:and;Gutter. LF-. •$17:35 60:00. Coulter(AO,.To existing wrb) LF, Cross gutter SF: $8.68 . ;$0.00 Residential DWY APPR . 'S;: $F; is $7.59 $0:00 Commer'cialDUVY!APPR, SF, ;- '-$978 $0.00 Handicap ramp •. : EA-..i: •$206930 $600 S,.AC Dike, LP $1;1:93. $.0.00 8"AC Dike::: LF:: .. $16:27 $0.00 AC Pavement/Aggregate Base SF •;:$3.25• AC,Pave'rilentfNplive. SF;;: $1:[35 . $0.00'. Aggregate base ' Tort : $3$,79 '.$0.00;' • Roadway excavation CY' ? $1410 $0.00 Barricades:- EA'`° ,$2;272.60 $0;00.,•, AC overlay;: SFr $0':82 $0.00 Fog seal>;:> SF:: .$0.11 $0.00• Preparation-of,sUbgrad'e SF $0,33 .$0.00 ' Street name signs. :.'- EA,-,` $54:2:33 :$0.00 Regulatory' signs EA $270:65,. . . $0.00 Stop sign:::.:: EA $325:40 ;:$600 Guide-marker EA; ' $8:1:35 $0.00:. SaWcut LF': ' $3.80 $0,00" ' Relocate chain link fence ,LF $7;'S9 $0.00'" Chainlinit": LF:• `::$26.03 $0.00. ., AC removal SF:;: $0.66 50.00 ' : Street tree:.... EA' •:•$379;11 $0.00 Streetlight .. ;. EA.. $6191:00 $0,00 t Remove streelight, EA Grading:(Import soil)°s: CY°r, $1'3'.02 ;.$0.00 Remove:curb and gutter LF4• $'4.07 $0.00;:' Street-striping.' • LF:: ••:$0.43 '$0:00 AC;Street cut repair Ton.: $135.58 '$0.00' AD,Street:cut repair Ton $92.20 $0.00 Cold mill($3,500:00+$0.80/sf)_ SF' t 51,35 $0.00 I. $0:00 $0.00 $0.00 Street Irprovement(Off-Site)Subtotal w/o traffic control during CONST $0.00 Traffic control during construction(5%of estimated construction cost.) _ $0.00 Street Improvement(Off-Site)Subtotal $0.00 Page 1 of 6 D-2 1373108\1183096.20 12/9/2013 ZUi4-39 CITY OF SAN 13ERNARDINO-PIJSLIC WORKS 1 ENGINEERING COST'ESTIMATE STORM DRAIN IMPROVEMENTS(Off Site) REVISED:JULY 15; 2009' Developer: 0 Planning Case# 0 Engineer: 0 TM..NO./PM.No: 0 Phone No 0 date:. 011001001 Drawing No • UNIT COST. ITEM. QUANTITY UNIT AMOUNT' 60"RCP.and over LF. $413.20 66"RCP ; LE .;$361:55` -,:$0.00 60'RCP , ... LF ;$33056 $0.00 • 54 RCP . ;.rLF $299.57 $0.00 48'.RCP L $28858 i.. • ,$0,00 42"RCP 4F. , ;$237 59; ., :$0:00 36!'RCP> F f, <$206 60 r_. . $0.00. 30".RCP: ;•$0.00 24.RCP :::. • 18'RCR , LF. $103 30 $0.00, Catchbasin 7 EA., $5,681.50 ; ,$0:00 • Catch.basin .14' r. EA ;$:10 330,00 $4.00 Cafch;l asin 21 : , • Catch;basin-26' :EA $22 726 00?' :'$0.00 Jurtatioti'structure.: EA $2 582'50 $0 00• Manhole Na,2. ;`tA $5,165.00<_ $0.00•Local depression EA; • 064 65 $0:00 • Concrete collar ;.:EA $2,T(ti.63 $0.40 Drainage in!etstructure .,; • Drainage outlet`structure.' :EA $2 711.63 $0:00 . Transition Structure(0W6/4121 V EA, $11626 98 $0.00 Grate'.iniet structure FA• $2,169.3.0 ' $0.00,, Parkway culvert. EA ;1 301 513;. $0£00 .•Headwall(IA S'ro)> FA $867 72''t $0:00' . Crushed.rock forRip Rap GY. $43.89 :'$0.00 Concrete collar•..;r. .. CY $759.26; $0:00 Adjastinent,manhole.:to FG;' • LS . $650.79'r $0:00 Connect to e4/sting MH LS $2 169.30", • ••;:$0.00 Reinforced concrete :• •.: ' ! CY "$867.72< $0.00 $0:00 $0.00 $0.00 Storm`.Drain Improvement(Off Site)Subtotal $0.00 Page 2 of 6 D-3 1373\08\1183096.20 12/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS I ENGINEERING COST ESTIMATE SANITARY SEWER IMPROVEMENTS(Off Site) REVISED:JULY 15, 2009 Developer:: 0 Planning Case# 0 Engineer 0 TM No/PM No.: 0 Phone No: 0 Date: 01/00/00 Drawing No: ITEM QUANTITY UNIT UNIT COST($), AMOUNT l Manhole----------60"DIA EA $5,42$.25 $0.00 Manhole-S---------48"DIA. EA $4,338.60 . i ';$0.00 Drop Manhole EA =. $5 423.25 $0.00 EA $10847 Clean Out EA $73214 $0 00 Sewer Saddle " EA $21;6.93 $Q 00 Remodeling;Existing Manhole EA ,1$76149 40,00 Sewer:4,.PVC ,is; ',LF $32;54 $0 00•,. Sewer'6 PVC 48 $43 39 $0 Q0 Sewer$ PVC' :!'LF $75:93 Sewer 10 PVC : LF $81.35, $000 Sewer 12'PVC ' -LF :$86x77 $0 00 Sewer 15"PVC <t LF $97.62 , $000: Encasement IF 437.96 x$000 Pavement Restoration ;SF. $7:06 $0 00 Off site Sanitary Sewer Improvement Subtotal $0 00 • • • • Page 3 of 6 D-4 1373\08\118309620 12/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS t ENGINEERING COST ESTIMATE TRAFFIC SIGNALS 1 SIGNS/STRIPING''(Off Site) REVISED:JULY 15 2009' Developer: 0 Planning Case# 0, Engineer: 0 TM No./PM No.: 0; Phone No: 0 Date: • 01/00/00, • Drawing No ITEM QUANTITY UNIT. UNIT COST AMOUNT. Traffic Signals LEG S54,232..60 Major Intersection(4 LEG) LS .$216,P10..90 $0.00 Minor Intersection(4 LEG). LS $;1:Z3 544:00 $0.00 • Add Phase to Existing Signal (One Direction)" • LS • .630.60 $0.00• Add Phase to Existing Signal: • > (Both Directions) LS $65,079 Od $0.00 • Traffic Signal Relocation Per • Pole,1A(10')Pole EA 8'6;421:26 $0 00 • 1-raffle Signal Relocation Per Pole,Pore with Signal Mastarrri,._ EA $1:0646"50 $Oa0 " Relocate PB or Adj.Grade EA $108 47.• $t 00 Traffic Signal Lobps:': EA $405.:.7.4 Striping c. I F , $0.49; $0 00 • PedestriannCrosswalk Striping;` LF $0 65 ;$0 00• Pavement Marker ".. LF $3 25 $0 00•. „", , $000 $0.00. . $OA0 Traffic Signals/Signs/Striping Subtotal,$000• • • • Page 4of6 D-5 I373\08\118309620 12/9/2013 2014-39 • • CITY OF SAN BERNARDINO-PUBLIC,WORKS f ENGINEERING COST ESTIMATE ON SITE IMPROVEMENTS(PRIVATE AREA) REVISED:JULY 15, 2009 Developer: 0: : Planning Cse# 0 Engineer: 0. TM NO./PM No.: 0 Phone No 0 Date: 01/00/00 Drawing No:, , .. UNIT COST ITEM QUANTITY UNIT ($) AMOUNT Curb and Gutter., LF $16.27, $0.00 Planter' LF $13.02 $0.00 Ribbon'gutter SF $8 68. $0.00 Walkways SF $5 d2 $0.00 •• SSF $$97..7596: $0.00 ResidentialDWY, SF • • : . $0.00 Con erciai;DWY • $0.00 AC ror G pavement •48`;i2CR_ LF, $0.00 90 ,RCP, LF $17$:61;i :;::$0.00 18,RCP LF .$103.30? $0:00,, Parking'lot drain(.Std 402)< EA $325.40', $0.00 • Chain link fen0e;`; ;LF $26 03, '$0.00 chair $0.00 Concrete:collar EA - ;: 6.ga[d�rrwall. t LF . $54 23 3`Retaining;wall 4 Retaining wall LF $97 52 $0 00 5'Retaining wall.;, LF .. $108.47' =$0.00 6,Retainingwalf':', LF, $.1"35:58" $0.00 8'RetaIning wall;: LF :;$216 93.; ;$0.00 . Se1Nt3i'iinOin. LF, $7693 $0.00 Manholes. :$5$472332:.2145:, $000 EA $000 Headwall,strilctures .. Trastl;;enclosure:r EA• $6,507;90 ':'$0 00•;. PCGIPavement:; SF $814<. ;,:$0 00 4'Sewerlateral:(on-site)1 .. . .. • LF $12;40 6,Sewer lateral;(on-site)'.:: LF ;; $14,46': $0.00 $0 $0.00 00 On-site Total Page 5 of 6 D-6 1373\08\1183096.20 12/9/2013 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS I ENGINEERING FEES. REVISED:JULY 15,2009 Developer: o Engineer: o' Phone No: o Planning Case# 0 Tract Map No./Parcel Map No.: Q Date:; of/oo/oo OFF SITE;;:;_ • :TOTALS` Street Improvement(Off—Site)-Subtotal Storm-Drain.Iriprovement(Off Site)Subtotal $0.00 Sanitary Sewer'Iniprovement Subtotal • $0.00 Traffic=Signals/:Signs:I Striping Subtotal $0.00 Landscaping(LMD,publicly maintained areas) TOTAL OFF-SITE IMPROVEMENTS :$0,00 Plan checking:fee 4%a'(Reso 92.-344) •$0.00 Inspection fee.4%(Reso.92734'14), ,$6 00 TOTAL:OFF-SITE:FEE $0 00 MAP CHECK FEE PM/TR Number No.of lots::'. AMOUNT $0.00 ON-SITE IMPROVEMENTS •,TOTALS, Site Improvement(Private Area) $ Landscaping,(Private Areas) ON-SITE IMPROVEMENTS $ Plan checking fee 2%(Reso.92-344) $ Inspection fee 3%(Reso.92-344) $ - TOTAL ON-SITE FEE $0.00 Page 6 of 6 D-7 1373\08\I 183096.20 12/9/2013 2014-39 k : ' Engineering Division Development Services Department ;y# t 300 North"D"Street,3rd Floor,San Bernardino,CA 92418-001. CITY OF Phone: (909)384-5111 Fax (909)384-5115 San.Boman inn, Website: wwwsbcitv.orq ENGINEERING DIVISION IMPACT FEES Fees:Effective:July 15,:2009. Type of Application Fee Local:Circulation System Fee Type of Development: -Detached Dwelling Units $225:06 Attached Dwelling Units $150:03. -Mobile Home Units* $155,03 -Commercial Lodging $15503 -Commercial/Office $0,243 Industrial Uses $0.147 *Fees for mobile homes shall apply to mobile;homes:: located in mobile home parks: Regional Circulation System Fee Type:of Development: Detached Dwelling Units $2,435.00 Attached Dwelling Units $1,626:00 -Mobile Home Units* .$1,274:00 Commercial.Lodging $1,281.00 -Commercial/Office $2.625' -Industrial Uses $1.591. *Fees for mobile homes snail appiy to.mobile'homes . located in mobile home parks.. These Fees are due prior to Issuance of a Building: Permit,The Local Circulation System Fee is updated each July 15th based on the'ENR Construction Cost Index°. The Regional:Circulation System Fee is updated annually by Resolution of the Mayor and Council. The total Traffic Circulation System Fee is the sum of the Local and Regional Circulation System Fee for each unit. D-8 1373\08\1183096.20 12/9/2013 2014-39 Type of Application . Fee Sewer Connection Fee: - .Inspection Fee $28.19 - Sewer Connection Fee - Residential $405.53/bedroom -- Mobile Homes $405.53/mobile home Motels and.Hotels $161.84/dwelling.unit - Commercial,Institutional,,and Industrial $323.69/3,000 SF The Connection and Inspection Fees are updated each July 15`"based on the.ERN ConsttuctiOn,Cost Index: These fees are due-at the time the application for connection. These fees are not applicable-to development within the East Valley Water District service area. i _ _ i -- i . _- _ - umiiimi XIII amilimmmi. rim, Storm Drain Fee - Type of Use - Detached Dwelling Units .$3,793,15 • Attached.DWelling Units $1,565.86. - Mobile Home Units $3,017.42 - Commercial Lodging and Commercial/Office. $0.86. - Industrial Users $1.089 CSDP Project 3-5(Pepper/Randall)Strom Drain.Fee - All projects $12,633.33/gross are All Drainage Fees are updated each July 15`x`based on the ERN Construction Cost Index.These Fees are due at the time of application for Building Permits. Verdemont Fees - Chestnut Drainage Fee $0.289/SQ FT not to exceed$3,171.79 - Palm Box Culvert/Signal Fee $0.022 2 D-9 1373108\1183096 20 12/9/2013 2014-39 Type of Application Fee Law Enforcement Fee: -Type of Use - Detached Dwelling Units $617:46/unit - Attached Dwelling Units $547.07/unit - Mobile Home•Units* $349.71/unit. - Commercial Lodging $343.94/unit - Commercial Office $0:75/5.Q FT - Ihdustrial Users $0;005/SQ FT *Fees for mobile homes shall apply to mobile home located in mobile home parks. Fire Suppression Fee: -Type of Use - Detached Dwelling Units $765.30/unit - Attached Dwelling Units $944.09/unit - Mobile Homer Units* $612;85/unit. - Commercial Lodging $382 78/unit. - Commercial Office $0;2$b/SQ Fr - Industrial Users $0002/SQ FT *Fees for mobile homes shall apply to mobile home located in mobile:home parks. These fees are updated each July 15th based on the ERN Construction Cost Index.These fees are due prior to issuance of a.Building Permit: Library Facilities -Type of Use - Detached Dwelling Units $616 32/Unit - Attached Dwelling Units $488 21/unit - Mobile Home.Units'* $443 19/unit- *Fees for mobile..homes,shall'empty-to mobile home located in mobile home parks. Aquatic Facilities Fee: -Type of Use - Detached Dwelling Units $315.08/unit; - Attached Dwelling.Units $24928/unit - Mobile Home Units* $226.22/unit: *Fees for mobile homes shall'.apply to mobile home located in mobile home parks. Public Meeting Facilities Fee: -Type of Use - Detached Dwelling Units $1,052.70/unit - Attached Dwelling Units $832.70/unit - Mobile Home Units* $756.80/unit *Fees for mobile homes shall apply to mobile home located in mobile home parks. 3 D-10 1373\08\1183096.20 12/9/2013 2014-39 Type of Application - Fee .Y Parkland and Open Space Fee: -Type of Use - Detached Dwelling Units $9,196.00/unit. - Attached Dwelling Units $7,278,70/unit - Mobile Home Units* $6,611.00/unit. *Fees for mobile homes shall apply to mobile home located in mobile:.home parks. Cultural Development Fee: =Type of Use 112%of'.the valuation -- New and Reconstruction Commercial:/Industrial Uses These fees are updated each July 15 based on the ERN Construction Cost Index...Public.Meeting Facilities and Parkland and Open Space Fees;will Increase by 10%on January 1 of each year through 2009.. The fees are due prior to issuance of a Building::Permit:. 4 D-1 1 1373\08\11 83096.20 12/9/2013 2014-39 - N., #` r Temporary Fee Reductions and Deferrals • v )€ Effective July21,2010. Expires: August2,2014 C ! I Y t?T L Building&Safety D(Vision,Comtnnisity,Development Dept. 300 No dND Street San Bcmrdino CA 9211& 9 A f ar i llo Ph::(90.9): 84. 0/.1 Rex:(909)110-5080 Il 'Wehuilc:. wwwshcity.ors - Development Impact fee Reductions-Resolution 2000-266. --- - FEE TYPE; APPI,ICABILIT7': .AMOUNT QF REDUCTION Law Enforcement Facilities. All New Occupancies 50% FlreSupresslonFacilities• All New Occupancies 5 %p a Libary Facilities, New Residential • 55 y Aquatic • Facilities" New Resldenttal. 55%. .Parkland'Acquisition New Residential 55%. ., Service Fee Reductions—Resolution 2010468 FCEV PE APPLICABILITY: AMOUNT OF REDUCTION • Archive'(Bldg Fire,Ping). ,Single-family.Subdivisions of 5 or 50% MGM units; euliding'Planning.Review: Townhotnes,. 50% DP3; Condominiums, 50%. Building:Permit Commercial,and 50% Engineering Permit:: (Grading,On- Offices. 50% site Off-site,'Lartdstaping) Fire:Press Review%Inspection " 50% Fire Sprinklers` 50% • Issuance. (Bldg) 50% Plan Review (Bldg.Firer 50% • 'Technology (Bldg;,Ping) 50% .'WQMP '' 50% HYdrofogs u 50% SWPPP.:. " 50% DEFERRALS OF DEVELOPMENT IMPACT FEES - 1 FEE TYPE APPLICABILITY REFERENCE Caw Enforcement Facilities Single-family Subdivisions of 5 or Reso.2008-81 Fire Suppression Facilities more units,and Reso,2010-247 Library Facilities New Commercial,Office,or Aquatic Facilities Industrial. Parkland Acquisition Local Circulation Regional Circulation Public Meetings Facilities Storm Drain Plus all single-family residences Reso.2010-247 and SSMC 3.38.040 Sewer Connection All single-family residences Only SBMC 13.08.055(D) J1./S:131dg and Safety/_all forms! (revised August 2,2012) D-12 1373\08 11 183096.20 12/9/2013 201 Recorded in Official Records, County of San Bernardino 6/12/2014 DENNIS DRAEGER 4:21 PM �oVN TP ; ,n " « ASSESSOR — RECORDER — CLERK P Counter Doc#: 2014-0212838 Titles: 1 Pages: 66 Fees 0.00 RECORDING REQUESTED BY I Taxes 0.00 AND WHEN RECORDED MAIL TO: Other 0.00 PAID $0.00 City of San Bernardino Attn: City Manager 300 North "D" Street, 6th Floor San Bernardino, California 92418 Exempt from Recording Fee Pursuant to Government Code Section 27383 Space above this line for Recorder's Use Only DEVELOPMENT AGREEMENT WATERMAN GARDENS By.and Between THE CITY OF SAN BERNARDINO and HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO February 18 ,2014 1373\08\1183096.21 2/13/2014 2014--39 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 3 1.1 Definitions 3 1.2 Capitalized Terms. 5 1.3 Exhibits. 5 ARTICLE II GENERAL PROVISIONS 5 2.1 Parties 5 2.2 Relationship of City and Land Owner. 7 2.3 Description of Property 7 2.4 Effective Date. 7 2.5 Execution and Recording. 7 2.6 Term. 7 2.7 Provisions Required by Statute 7 2.8 Discrepancies. 8 ARTICLE III DEVELOPMENT OF THE PROPERTY 8 3.1 Use of the Property and Applicable Law Subject to Agreement. 8 3.2 No Conflicting Enactments 9 3.3 Subsequently Enacted Rules and Regulations. 9 3.4 Initiatives and Referenda. 9 3.5 Compliance With Requirements of Other Governmental Entities. 10 3.6 City's Police Power. 10 3.7 Subsequent Development Approvals for the Property 11 3.8 Life of City Approvals and Subsequent Approvals. 11 3.9 Timing of Development. 12 3.10 Land Owner Obligations 12 3.11 City Obligations. 12 3.12 Mutual Obligations of the Parties. 14 ARTICLE IV AMENDMENT, CANCELLATION, AND TERMINATION OF AGREEMENT 14 4.1 Amendment or Cancellation Procedure 14 4.2 Recordation of Amendment or Cancellation. 15 4.3 Amendments to Development Agreement Legislation 15 ARTICLE V ANNUAL REVIEW 15 5.1 Annual Review 15 5.2 Contents of Report. 15 5.3 Waiver 16 ARTICLE VI DEFAULT, REMEDIES, AND TERMINATION 16 1373\08\1183096.21 2/13/2014 2014-39 TABLE OF CONTENTS Page 6.1 Default 16 6.2 Remedies for Default. 16 6.3 Notice and Procedure Regarding Defaults 16 ARTICLE VII ESTOPPEL CERTIFICATE 18 ARTICLE VIII TRANSFERS, ASSIGNMENTS 18 8.1 Agreement Runs With the Land. 18 8.2 Right to Assign. 18 8.3 Release Upon Sale or Completion of Development. 20 ARTICLE IX MORTGAGEE PROTECTION 20 9.1 Mortgage Protection 20 9.2 Mortgagee Not Obligated 20 9.3 Notice of Default to Mortgagee. 21 9.4 No Supersedure. 21 9.5 Mortgagee Protection 21 ARTICLE X NOTICES 21 10.1 Notices. 21 ARTICLE XI MISCELLANEOUS 22 11.1 Third-Party Legal Challenge 22 11.2 Bankruptcy 23 11.3 Applicable Law/Venue/Attorneys'Fees and Costs 23 11.4 Further Assurances 23 11.5 Severability. 23 11.6 Nondiscrimination 23 11.7 Land Owner Right to Rebuild 23 11.8 Headings. 23 11.9 Agreement is Entire Understanding 24 11.10 Interpretation 24 11.11 Recordation of Termination. 24 11.12 Signature Pages; Execution in Counterparts 24 Exhibit A: Legal Description Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule Exhibit D: Current Impact Fee Schedule ii 1373\08\1183096.21 2/13/2014 2014-39 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into in the City of San Bernardino on the 18th day of February,2014, by and between the CITY OF SAN BERNARDINO, a municipal corporation organized and existing under the laws of the State of California (the "City"), and the Housing Authority of the County of San Bernardino, a public body, corporate and politic (the "Land Owner"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code and Chapter 19.40 of the San Bernardino Municipal Code. The City and the Land Owner are, from time to time, individually referred to in this Agreement as a"Party" and collectively referred to as the "Parties." RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 through 65869.5 (the "Development Agreement Law"), which authorizes the City and any person having a legal or equitable interest in real property to enter into a development agreement and, among other things, establish certain development rights in property which is the subject of a development project application. The Mayor and Common Council of the City of San Bernardino (collectively, the "City Council") adopted Chapter 19.40 of the San Bernardino Municipal Code to govern the processing of development agreements by the City. B. Land Owner is the fee owner of the real property located within the City of San Bernardino, County of San Bernardino, State of California, as further described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). C. Land Owner proposes to develop the Property to include the demolition of 252 existing residential units (the "Existing Dwelling Units") and the construction of a development consisting of seventy-three (73) units restricted for senior citizens (the "Senior Units") and three hundred thirty-eight (338) non-senior units (the "Non-Senior Units") for a total of four hundred eleven (411) residential units and community uses totaling 129,800 square feet (including a day care center, social service/recreation center, administration building and maintenance facility) to be known as Waterman Gardens (the "Project"). The Project includes development of the Property as contemplated by the City Approvals, this Agreement, and Subsequent Approvals. D. Entering into this Agreement is acknowledged to be to the mutual benefit of the City and the Land Owner and is approved by the City in consideration of the significant public benefits to be derived from the Project, including: (1) redevelopment of 252 seventy-year old housing units affordable to low income households: (2) provision of 73 additional housing units for seniors affordable to low income households; (3) provision of 86 market-rate units to provide mixed-income housing; (4) improvements to Baseline Street, Waterman Avenue, and Olive Street to enhance vehicular and pedestrian safety, and which exceed the improvements necessitated by the impacts of the Project; (5) provision of more community amenities than the six required by the Development Code; (6) provision of community facilities, including recreational and training facilities; (7) enhanced public safety; (8) increased property tax 1 1373\08\1183096.21 2/13/2014 2014739 valuation; and (9) short-term construction employment and long-term employment at the community facilities. E. Under the California State Density Bonus Law (Government Code Section 65915 et seq.; the "Density Bonus Law"), the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. F. The following approvals, entitlements, and findings have been adopted by the City with respect to the Property: 1. The Mayor and Common Council adopted a Mitigated Negative Declaration for the Project on February 18, 2014 (the "MND"). As required by the California Environmental Quality Act ("CEQA"), the City adopted written findings and a Mitigation Monitoring and Reporting Program on February 18, 2014. 2. The Planning Commission recommended approval of Tentative Tract Map No. 18829 (Subdivision No. 11-03)with respect to the Property on December 11, 2013. 3. The Planning Commission recommended approval of Conditional Use Permit No. 11-13 (for the density bonus, concessions and incentives permitted by Government Code Section 65915 and Municipal Code Section 19.04.030(D)(1)) with respect to the Property. 4. The Mayor and Common Council approved this Agreement, Tentative Tract Map No. 18829 and Conditional Use Permit No. 11-13 as more fully set forth below. The City actions identified above are collectively referred to as the "City Approvals." The City Approvals incorporate all conditions of approval of Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13 and all plans submitted by the Land Owner to the City and incorporated into the City Approvals, including but not limited to the site plans, landscape plan, floor plans, and building elevations date-stamped November 5, 2013. G. The development of the Project will require future discretionary and ministerial approvals from the City, potentially including, but not limited to, encroachment permits, demolition permits, grading permits, building permits, final inspections, and certificates of occupancy consistent with the City Approvals (the "Subsequent Approvals"). "Subsequent Approvals" also include any review required by CEQA or NEPA, including implementation of all mitigation measures, monitoring programs, and conditions adopted as part of the City Approvals. H. To ensure that the intent of the City and Land Owner with respect to the City Approvals are carried out, the Parties desire voluntarily to enter into this Agreement in order to facilitate development of the Project subject to the conditions and requirements included in this Agreement. I. The Planning Commission, on December 11, 2013, after giving required notice, conducted a public hearing on this Agreement, as required by Municipal Code Chapter 19.40, and recommended that the Mayor and Common Council approve this Agreement. The Mayor 2 1373\08\1183096.21 2/13/2014 2014-39 and Common Council on February 18, 2014 (the "Adoption Date"), after giving required notice, conducted a public hearing and adopted Resolution No. 2014-39 approving this Agreement and making all findings and determinations relating to this Agreement which are required by the Development Agreement Law and by Municipal Code Chapter 19.40. J. The Mayor and Common Council find that execution of this Agreement and the performance of and compliance with the terms and conditions set forth herein by the Parties: (i) are in the best interests of the City; (ii) will promote the public convenience, general welfare and good land use practices in the City; (iii) will promote preservation and enhancement of land values in the City; (iv) will encourage the development of the Project by providing a reasonable level of certainty to the Land Owner; and (v) will provide for orderly growth and development in a manner consistent with the General Plan, the Development Code and other plans and regulations of the City. NOW, THEREFORE, with reference to the foregoing Recitals and in consideration of the mutual promises, obligations and covenants herein contained, the sufficiency of which consideration is hereby acknowledged,City and Land Owner agree as follows: AGREEMENT The introductory paragraph, the Recitals, and all defined terms set forth in both are hereby incorporated into this Agreement as if hereinafter fully and completely rewritten. ARTICLE I DEFINITIONS 1.1 Definitions. The following defined terms are used in this Agreement. 1.1.1 "Adoption Date" is defined in Recital I. 1.1.2 "Agreement" is defined in the first paragraph,page 1. 1.1.3 "Annual Report" is defined in Section 5.1. 1.1.4 "Applicable Law" is defined in Section 3.1.2. 1.1.5 "Assignee" is defined in Section 8.2.1. 1.1.6 "Assignment" is defined Section in 8.2.2. 1.1.7 "CEQA"is defined in Recital F. 1.1.8 "City" is defined in the first paragraph, page 1 and in Section 2.1.1(a) 1.1.9 "City Approvals" is defined in Recital F. 3 1373\08\1183096.21 2/13/2014 2014-39 1.1.10 "City Council" is defined in Recital A. 1.1.11 "City Fees" is defined in Section 3.11.3. 1.1.12 "City Law" is defined in Section 3.2.1 1.1.13 "Current Impact Fee Schedule" is defined in Section 3.11.3(b)(iii). 1.1.14 "Current Processing Fee Schedule" is defined in Section 3.11.3(a). 1.1.15 "Declaration of Default" is defined in Section 6.2. 1.1.16 "Default" is defined in Section 6.1. 1.1.17 "Density Bonus Law" is defined in Recital E. 1.1.18 "Density Bonus Ordinance" is defined in Section 3.11.2. 1.1.19 "Development Agreement Law" is defined in Recital A. 1.1.20 "Effective Date" is defined in Section 2.4. 1.1.21 "Existing Dwelling Units" is defined in Recital C. 1.1.22 "Fee Study" is defined in Section 3.11.3(b)(i). 1.1.23 "FONSI" is defined in Recital F. 1.1.24 "Impact Fees" is defined in Section 3.11.3. 1.1.25 "Land Owner" is defined in the first paragraph,page 1. 1.1.26 "MND" is defined in Recital F. 1.1.27 "Mortgage" is defined in Section 9.1. 1.1.28 "Mortgagee" is defined in Section 9.1 and Section 9.5. 1.1.29 "NEPA" is defined in Recital F. 1.1.30 "Non-Senior Units" is defined in Recital C. 1.1.31 "Notice of Default" is defined in Section 6.3.1(a). 1.1.32 "Party" and "Parties" are defined in the first paragraph,page 1. 1.1.33 "Planning Commission" is defined in Recital F. 1.1.34 "Processing Fees" is defined in Section 3.11.3. 4 1373\08\1183096.21 2/13/2014 2014-39 1.1.35 "Project" is defined in Recital C. 1.1.36 "Property" is defined in Recital B. 1.1.37 "Senior Units" is defined in Recital C. 1.1.38 "Subsequent Approvals" is defined in Recital G. 1.1.39 "Term" is defined in Section 2.6. 1.1.40 "Third Party Challenge" is defined in Section 11.1.1. 1.1.41 "Water Department" is defined in Section 3.11.3. 1.2 Capitalized Terms. If any capitalized terms contained in this Agreement are not defined above, then any such terms shall have the meaning otherwise ascribed to them in this Agreement. 1.3 Exhibits. The following Exhibits are attached hereto and incorporated into this Agreement: Exhibit A: Legal Description Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule Exhibit D: Current Impact Fee Schedule ARTICLE II GENERAL PROVISIONS 2.1 Parties. 2.1.1 The City. (a) The City is a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California. The office of the City is located at 300 North "D" Street, 6th Floor, San Bernardino, California 92418. "City," as used in this Agreement, includes the City of San Bernardino and any assignee or successor to its rights, powers and responsibilities. (b) The City represents and warrants that, as of the Effective Date of this Agreement: (i) The execution and delivery of this Agreement and the performance of the obligations of the City have been duly authorized by all necessary actions and approvals required for a municipal corporation; 5 1373\08\1183096.21 2/13/2014 2014-39 (ii) The City is in good standing and has all necessary powers under the laws of the State of California and in all other respects to enter into and perform the undertakings and obligations of this Agreement; and (iii) This Agreement is a valid obligation of the City and is enforceable in accordance with its terms. 2.1.2 The Land Owner. (a) Land Owner is the Housing Authority of the County of San Bernardino, a public body, corporate and politic. For the purposes of this Agreement, the Land Owner's office is 715 East Brier Drive, San Bernardino, California 92408. (b) Land Owner represents and warrants that, as of the Effective Date of this Agreement, Land Owner is: (i) The sole fee owner of the Property; (ii) Duly organized and validly existing under the laws of the State of California; (iii) Qualified and authorized to do business in the State of California and has duly complied with all requirements pertaining thereto;and (iv) In good standing and has all necessary powers under the laws of the State of California to own property and in all other respects enter into and perform the undertakings and obligations of this Agreement. (c) Land Owner further represents and warrants: (i) That no approvals or consents of any persons are necessary for the execution, delivery or performance of this Agreement by Land Owner, except as have been obtained; (ii) That the execution and delivery of this Agreement and the performance of the obligations of Land Owner have been duly authorized by all necessary actions and approvals required under Land Owner's organizational documents; (iii) That this Agreement is a legal, valid, and binding obligation of Land Owner and is enforceable in accordance with its terms; (iv) That the execution, delivery, and performance of this Agreement by the Land Owner does not and will not materially conflict with, or constitute a material violation or material breach of, or constitute a default under (a) the Land Owner's organizational documents (b) any law, rule, or regulation binding upon or applicable to the Land Owner,or(c) any material agreements to which the Land Owner is a party; (v) That, unless otherwise disclosed in writing to the City prior to the date of the City Council's adoption of this Agreement, and except for threats of litigation 6 1 373\08\I 183096.21 2/13/2014 2014-39 expressed in public hearings relating to the City Approvals, there is no existing or, to the Land Owner's reasonable knowledge, pending or threatened litigation, suit, action, or proceeding before any court or administrative agency affecting the Land Owner or, to the best knowledge of the Land Owner, the Property, that would, if adversely determined, materially and adversely affect the Land Owner or the Property or the Land Owner's ability to perform its obligations under this Agreement or to develop and operate the Project; and (vi) That Land Owner and/or any person or entity owning or operating the Property, has duly obtained and maintained, or will duly obtain and maintain, all licenses, permits, consents, and approvals required by all applicable governmental authorities to develop, sell, lease, own, and operate the Project on the Property. 2.2 Relationship of City and Land Owner. The Parties specifically acknowledge that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and the Land Owner and that the Land Owner is an independent contractor and not an agent or partner of the City. The Parties further acknowledge that neither Party is acting as the agent of the other in any respect hereunder and that each Party is an independent contracting entity with respect to the terms,covenants, and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the business of the Land Owner, the affairs of the City, or otherwise. The City and Land Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making City and Land Owner joint venturers or partners. 2.3 Description of Property. The Property which is the subject of this Agreement is described in Exhibit A, attached hereto and incorporated herein by this reference. 2.4 Effective Date. This Agreement shall become effective thirty (30) days after the Adoption Date (the "Effective Date"). 2.5 Execution and Recording. Not later than ten (10) days after the Adoption Date, the City and the Land Owner shall execute and acknowledge this Agreement. Not later than ten (10) days after the Effective Date, the City Clerk shall cause recordation of this Agreement with the San Bernardino County Recorder against the Property,provided that a referendum applicable to Resolution No. has not been timely submitted to the City. 2.6 Term. The term of this Agreement shall commence upon the Effective Date and continue for a period of twenty (20) years from the Effective Date (the "Term"), unless the Term is terminated, modified, or extended by the provisions of this Agreement. 2.7 Provisions Required by Statute. The Development Agreement Law provides, among other things,that a development agreement shall specify the following: 2.7.1 Duration of the Agreement. See Section 2.6 of this Agreement. 7 1373\08\1183096.21 2/13/2014 2014-39 2.7.2 Permitted Uses of the Property. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.3 Density or Intensity of Uses. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.4 Maximum Height and Size of Proposed Buildings. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.5 Reservation or Dedication of Land for Public Purposes. See Section 3.10 of this Agreement and the City Approvals. 2.7.6 Periodic Review Annually. See Article V of this Agreement. 2.8 Discrepancies. Chapter 19.40 of the San Bernardino Municipal Code provides at subsection 2 of Section 19.40.010, that: "Should any apparent discrepancies between the meaning of these documents [Chapter 19.40, Section 65864 et seq. of the Government Code, and the Development Agreement] arise, then the documents shall control in construing the development agreement in the following order of priority: 2.8.1 "The plain terms of this Agreement itself; 2.8.2 "The provisions of Municipal Code Chapter 19.40; and 2.8.3 "The provisions of Development Agreement Law." ARTICLE III DEVELOPMENT OF THE PROPERTY 3.1 Use of the Property and Applicable Law Subject to Agreement. The Property is hereby made subject to the provisions of this Agreement. All development of or on the Property, or any portion thereof, shall be undertaken only in compliance with the provisions of this Agreement and with Applicable Law. 3.1.1 Permitted Uses. The Project shall be developed in accordance with the City Approvals and this Agreement. During the Term of this Agreement, the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, other zoning standards, provisions for reservation or dedication of land for public purposes, and all other terms and conditions of development shall be those set forth in the City Approvals. 3.1.2 Applicable Law. "Applicable Law" includes the City Approvals, the Subsequent Approvals consistent with the City Approvals and when approved by the City, this Agreement, and those ordinances, resolutions, rules, regulations, standards, policies, conditions, and specifications applicable to the Project in effect on the Effective Date, and except as otherwise provided in Sections 3.3 and 3.5. 8 1373\08\1183096 21 2/13/2014 2014-39 3.2 No Conflicting Enactments. 3.2.1 Except as and to the extent required by state or federal law, and subject to the provisions of Sections 3.3 and 3.6 below, the City shall not impose on the Project any ordinance, resolution, rule, regulation, standard, policy, condition, or specification, including by initiative (each individually, a "City Law"), that has any of the following effects on the rights provided by Applicable Law: (a) Changes any land use designation or permitted use of the Project from that shown in Applicable Law; (b) Limits or controls the rate, timing, phasing or sequencing of the approval, development, or construction of all or any part of the Property except as set forth in this Agreement and in Applicable Law; or (c) Limits or restricts any right specifically granted by the City Approvals or this Agreement, including, but not limited to, permitted uses and permitted floor area ratio. 3.3 Subsequently Enacted Rules and Regulations. 3.3.1 The City may, during the term of this Agreement, apply such newer City Laws that are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for and which are not in conflict with the terms of this Agreement. The City may also modify the Applicable Law or the terms of this Agreement to address a compelling public necessity regarding health and safety which was not known and could not have been known with the exercise of reasonable diligence on the Effective Date and that cannot reasonably be addressed by other means. 3.3.2 The Parties recognize that planning and design considerations are constantly evolving and being modernized, and that development of the Project may from time to time require updating of City regulations and standards in order to achieve the most desirable outcomes for the City from the Project. Accordingly, the City agrees that, in accordance with Section 3.1 1.1 below, it shall diligently and in good faith review and process to final action any proposals made by the Land Owner for such updating of City regulations and standards. 3.4 Initiatives and Referenda. 3.4.1 If any City Law is enacted or imposed by a citizen-sponsored initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with this Agreement, such City Law shall not apply to the Property. The Parties acknowledge, however, that the City's approval of this Agreement is a legislative action subject to referendum. 3.4.2 Without limiting the generality of any of the foregoing, no moratorium imposed by the City affecting subdivision maps, building permits, processing of off- site or on-site improvements, or any and all Subsequent Approvals shall apply to the Property. 9 1373\08\I 183096.21 2/13/2014 2014-39 3.4.3 The timing, sequencing, and phasing of development within the Project shall be consistent with those timing, sequencing and phasing provisions specified in this Agreement, the City Approvals, and Applicable Law. 3.4.4 The City shall cooperate with Land Owner and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect and that no conflicting enactments are imposed on the Property, except as otherwise authorized by this Agreement. 3.5 Compliance With Requirements of Other Governmental Entities. 3.5.1 During the Term, Land Owner shall comply with lawful requirements of, and obtain all permits and approvals required by, other local,regional, state and federal agencies having jurisdiction over Land Owner's activities in furtherance of this Agreement. Land Owner shall pay all required fees when due to federal, state, regional, or other local governmental agencies other than the City and acknowledges that City does not control the amount of any such fees. 3.5.2 City shall cooperate with Land Owner in Land Owner's effort to obtain permits and approvals for the Project from federal, state, regional, and other local governmental agencies. 3.5.3 As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in laws, regulations, plans, or policies to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations. In the event changes in the law prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified as may be necessary to comply with such state or federal laws or regulations. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified as may be necessary to comply with changes in the law, and City and Land Owner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification be limited to that which is necessary and to preserve to the extent possible the Project consistent with Applicable Law. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such changed laws or regulations. Nothing in this Agreement shall preclude the City or Land Owner from contesting by any available means (including administrative or judicial proceedings) the applicability to the Property of any such state or federal laws or regulations and/or such state or federal laws or regulations themselves. 3.6 City's Police Power. The Parties acknowledge and agree that the limitations, reservations, and exceptions contained in this Agreement are intended to reserve to the City that part of its police power which cannot be limited by contract, and this Agreement shall be construed to reserve to the City that part of its police power which cannot be restricted by contract. 10 1373\08\1183096.2I 2/13/2014 2014-39 • 3.7 Subsequent Development Approvals for the Property. 3.7.1 Applications for Subsequent Approvals are anticipated to be submitted to the City by the Land Owner. The City shall diligently and in good faith process in a manner as expeditious as reasonably possible all applications for Subsequent Approvals filed by Land Owner in accordance with the rights granted by this Agreement and by Applicable Law. In no event shall such processing exceed the time periods set forth in any applicable state laws and local ordinances or regulations, and any conditions or requirements imposed by the City in connection with any such approvals or permits shall not conflict with Applicable Law or exceed those typically imposed by the City in connection with similar approvals for other affordable housing development projects in the City. The foregoing requirements are subject to the Land Owner's applications for Subsequent Approvals being in proper form for submittal and processing, including all fees consistent with Section 3.11.3 below and all documents and information required by the City's generally applicable standards in effect at the time of submittal. 3.7.2 In connection with the City's commitment to diligent processing of Subsequent Approvals in Section 3.11.1 below, the City shall, with the concurrence of the Land Owner as to cost, engage consultants or assign City staff for the purpose of coordinating, facilitating, expediting and/or reviewing applications by the Land Owner for Subsequent Approvals. If approved by the Land Owner,the Land Owner shall bear the cost of compensation of such specially assigned consultants and staff and any other City expenses associated with such persons, except as otherwise provided herein. The consultants and staff assigned to the Project shall at all times be persons having a level of training and experience commensurate with the size and complexity of the Project and the diversity of further approvals and permits required for the Project. 3.7.3 With the City Approvals, the City has made a final policy decision that the development of the Property is consistent with the City Approvals and is in the best interests of the City's public health, safety, and general welfare. Accordingly, the City shall not use its authority in considering any application for a Subsequent Approval that is consistent with the City Approvals to change the policy decisions reflected by the City Approvals. Nothing herein shall limit the ability of the City to require the necessary reports, analyses, or studies to assist in determining whether the requested Subsequent Approvals are consistent with Applicable Law and this Agreement. The City's review of the Subsequent Approvals shall be consistent with this Agreement, including, without limitation, Sections 3.2, 3.7, and 3.11.1 of this Agreement. To the extent consistent with CEQA and NEPA, as determined by the City in its reasonable discretion, the City shall utilize the MND and FONSI to review the environmental effects of Subsequent Approvals and shall not require additional environmental review pursuant to CEQA and NEPA except as may be mandated by state or federal law as provided in Section 3.5.3 above. 3.7.4 Notwithstanding the above, as required by Government Code Section 65867.5, any and all tentative maps prepared for a subdivision of the Property shall comply with the provisions of Government Code Section 66473.7, if applicable, and shall be extended from time to time as required by Government Code Section 66452.6. 3.8 Life of City Approvals and Subsequent Approvals. If any City Approval or Subsequent Approval shall expire, Land Owner shall retain all vested rights contained in this 11 1373\O8\1183096.21 2/13/2014 2014-39 Agreement and shall be entitled to re-approval of the City Approvals and Subsequent Approvals consistent with Applicable Law. 3.9 Timing of Development. The Parties acknowledge that development of the Project will be affected by numerous factors outside the control of the Land Owner, e.g., general economic conditions, interest rates and market demand. Accordingly, the Parties hereby acknowledge and agree that the Land Owner may develop the Property in such order and at such rate and times as are appropriate within the Land Owner's business judgment, subject to compliance by the Land Owner with the City Approvals and such other conditions and requirements imposed by the City and not in conflict with this Agreement. 3.10 Land Owner Obligations. 3.10.1 As a material consideration for the long term assurances, vested rights, and other City obligations provided by this Agreement, and as a material inducement to City to enter into this Agreement, Land Owner has offered and agreed to provide public improvements to the City as set forth in the City Approvals and has further agreed to comply with all of its obligations under this Agreement, including, in particular, the obligations set forth in this Section 3.10. 3.10.2 Prior to the issuance of the first building permit for the Project, Land Owner shall submit a final phasing plan to the City which shall specify the order in which the phases shall be built and which road improvements required by the City Approvals shall be completed as part of each phase of development. Land Owner shall substantially complete any required improvements to Baseline Street, Waterman Avenue, Olive Street, and La Junita Street prior to final inspection of the first unit in the corresponding phase of development or shall post adequate security to ensure completion within 90 days. After Land Owner has improved La Junita Street to public street standards, City hereby agrees to accept the dedication of La Junita Street from Land Owner. 3.11 City Obligations. 3.11.1 Diligent Processing of Subsequent Approvals. City staff shall diligently process in good faith all Subsequent Approvals and shall approve or recommend approval or conditional approval to the Planning Commission and City Council of the Subsequent Approvals if, as determined by the City in its reasonable discretion, the Subsequent Approvals comply with Applicable Law, CEQA, NEPA and other relevant state and federal laws and regulations. 3.11.2 Provision of Density Bonus and Concessions. Under the Density Bonus Law, the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. Land Owner has applied for a density bonus of twenty-five percent (25%) for the Project pursuant to City Municipal Code Section 19.04.030(2)(D) (the "Density Bonus Ordinance") and the Density Bonus Law. Developer is also providing Senior Units which are allowed a fifty percent (50%) density increase pursuant to City Municipal Code Section 19.04.010(2)(E). City has approved the requested density bonuses, concessions, and incentives as shown in Exhibit B and incorporated herein by this reference. 12 1373\08\1183096.21 2/13/2014 2014-39 3.11.3 Fees and Fee Credits. The Parties recognize that fees which may be imposed by the City ("City Fees") upon the Project fall within two categories (i) fees for processing applications for City actions or approvals ("Processing Fees"); and (ii) fees or other monetary exactions which are intended to defray the costs of public facilities related to development projects (e.g. parks, streets, utilities, including sewer and water connection fees, and traffic controls) ("Impact Fees"). (a) Processing Fees. For a ten (10)-year period commencing upon the Effective Date, the City shall charge Processing Fees against the Project based upon the processing fees in effect on the Effective Date of this Agreement, except for any processing fees imposed by the City Municipal Water Department (the "Water Department"), including but not limited to sewer capacity fees and water acquisition of service charges imposed by the Water Department. Additionally, the Land Owner shall reimburse the City for actual consultant costs required to process Subsequent Approvals. A list of the categories and amounts of Processing Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit C (the "Current Processing Fee Schedule"). After the ten (10)-year period, the City may charge those reasonably justified Processing Fees which are in force and effect within the jurisdiction of the City for the broadly based class of Subsequent Approvals being applied for. (b) Impact Fees. (i) Within each phase of development, City may impose Impact Fees only for increased development within that phase. Land Owner shall pay no Impact Fees for development that replaces Existing Dwelling Units or existing square footage for non- residential structures within that phase. The Land Owner may defer payment of Impact Fees imposed on each structure until the later to occur of the following for that structure: the time of the City's release of utility meters or final inspection. For any public facilities constructed by Land Owner which are included in any current Impact Fee list, such fees shall be credited in lieu by City. The amount of the credit shall be limited to the amount of cost estimated for the improvements as identified in the associated fee study (the "Fee Study") regardless of the actual cost. The amount of the credit shall not exceed the amount of the respective fee in question for which credit is sought. In the event that only a portion of a facility identified in the Fee Study is constructed, the credit amount will be a prorated amount that reflects the appropriate portion of the estimated cost of the facility as identified in the Fee Study as determined by the Director of Public Works. (ii) Sewer Connection Fees. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer connection fees for the Project as specified in Condition No. 41 in the conditions of approval of Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13. (iii) Water Acquisition of Service Charges Imposed by the Water Department. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay water acquisition of service charges for a structure prior to final inspection of that structure; provided, however, that Land Owner shall only pay water acquisition of service charges for units developed in each phase in excess of the Existing Dwelling Units and existing square footage for non-residential structures in that phase. The number of Existing Dwelling Units and non-residential square footage shall be calculated for each phase, such that at project 13 1373\08\1183096.21 2/13/2014 2014-39 completion, the Water Department shall credit Land Owner for water acquisition of service charges for all of the Project's Existing Dwelling Units and non-residential square footage in accordance with the Water Department's Rule and Regulation No. 5 and the City and Water Department approvals. (iv) Sewer Capacity Fees Imposed by the Water Department. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer capacity fees for a structure prior to final inspection of that structure; provided, however, that Land Owner shall only pay sewer capacity fees for units and non-residential square footage developed in each phase in excess of the Equivalent Dwelling Units (EDUs) for the Existing Dwelling Units and existing non-residential square footage in that phase. The number of EDUs for the Existing Dwelling Units and existing non-residential square footage shall be calculated for each phase, such that at project completion, the Water Department shall credit Land Owner for sewer capacity fees for all of the Project's existing EDUs in accordance with City Municipal Code Section 13.08.055B and the City and Water Department approvals. (v) For a ten (10)-year period commencing upon the Effective Date, the City shall charge Impact Fees against the Project based upon the processing fees in effect on the Effective Date of this Agreement, except for sewer capacity fees, water acquisition of service charges, and other Impact Fees imposed by the Water Department.. A list of the categories and amounts of Impact Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit D (the "Current Impact Fee Schedule"). After the ten (10)-year period, the City may charge those Impact Fees which are in force and effect within the jurisdiction of the City for the broadly based type of development being applied for. (c) Fee Categories. The City shall not impose upon the Project any categories of fees or other monetary exactions which are not included within (i) the Processing Fees as those categories exist as of the date of this Agreement, or (ii) the Impact Fees as those categories exist on the Effective Date of this Agreement, unless required by state or federal law or regulations. 3.12 Mutual Obligations of the Parties. City has agreed to provide Land Owner with the long term assurances, vested rights, and other City obligations described in this Agreement, including, in particular, those City obligations described in this Article III, in consideration for the Land Owner's obligations contained in this Agreement, including, in particular, those Land Owner obligations described in this Article III. Land Owner has agreed to provide City with the Land Owner obligations described in this Agreement, including, in particular, those Land Owner obligations described in this Article III, in consideration for the City's obligations contained in this Agreement, including, in particular, those City obligations described in this Article III. ARTICLE IV AMENDMENT, CANCELLATION,AND TERMINATION OF AGREEMENT 4.1 Amendment or Cancellation Procedure. This Agreement may be voluntarily terminated in whole or in part or amended by the mutual consent of the Parties or their successors in interest. In accordance with Municipal Code Chapter 19.40, the procedure for amendments shall be a tiered review procedure as follows: 14 1373\08\1183096 21 2/13/2014 2014-39 • 4.1.1 Amendment of City Approvals. To the extent permitted by local, state, and federal law, any City Approval may, from time to time, be amended or modified by submittal of an application from the Land Owner and following the procedures for such amendment or modification contained in the San Bernardino Municipal Code. Upon any approval of such an amendment or modification, the amendment or modification to the City Approval shall automatically be deemed to be incorporated into the Applicable Law and into the provisions of this Agreement without any further requirement to amend this Agreement. 4.1.2 Other Amendments. Any other cancellation or amendment of this Agreement may be made only upon compliance with the provisions of Government Code Section 65858 and those procedures prescribed in Chapter 19.40 of the San Bernardino Municipal Code for entering into a new development agreement, including, but not limited to, public hearings before the San Bernardino Planning Commission and City Council and adoption of the amendment or cancellation by resolution. 4.2 Recordation of Amendment or Cancellation. The City Clerk shall record any amendment or cancellation with the San Bernardino County Recorder not later than ten (10)days after the effective date of the action effecting such amendment or cancellation, accompanied by a legal description of the Property. 4.3 Amendments to Development Agreement Legislation. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law, as those provisions existed at the date of execution of this Agreement. No amendment or addition to the Development Agreement Law which would materially affect the substantive provisions of this Agreement or the interpretation or enforceability of this Agreement shall be applicable to this Agreement unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected unless the Parties mutually agree in writing to amend this Agreement to permit such applicability. ARTICLE V ANNUAL REVIEW 5.1 Annual Review. This Agreement shall be subject to annual review, pursuant to California Government Code Section 65865.1. Within thirty (30) calendar days following each anniversary of Effective Date of this Agreement, the Land Owner shall submit to the City Manager written documentation demonstrating good-faith compliance with the terms of this Agreement ("Annual Report"). Failure by the Land Owner to submit the Annual Report in a timely manner shall not itself constitute a breach of this Agreement, unless the City has first given the Land Owner a minimum of thirty (30) calendar days' written notice and the Land Owner fails to submit the Annual Report within thirty (30) calendar days after receipt of such written notice. 5.2 Contents of Report. The Annual Report and any supporting documents shall describe (i) any Subsequent Approvals which have been issued or for which application has been made and (ii) any development or construction activity which has commenced or has been completed since the recording date or the date of the preceding annual review. The City shall 15 I373\08\1183096.21 2/13/2014 2014-39 review all the information contained in such report in determining the Land Owner's good faith compliance with this Agreement. 5.3 Waiver. The City does not waive any claim of defect in performance by the Land Owner if, at the time of an annual review, the City does not propose immediately to exercise its remedies hereunder. However, in the event that the City, following receipt of the Annual Report for any year, fails to review the information contained therein and/or to determine the Land Owner's good faith compliance with this Agreement within ninety (90) calendar days following the date of such receipt, the Land Owner shall be deemed to be in good faith compliance with regard to the period covered by that Annual Report. ARTICLE VI DEFAULT,REMEDIES,AND TERMINATION 6.1 Default. A Party's violation of any material term of this Agreement or failure by any Party to perform any material obligation of this Agreement shall constitute a default ("Default"). 6.2 Remedies for Default. City and Land Owner acknowledge that the purpose of this Agreement is to carry out the Parties' objectives as set forth in the recitals. City and Land Owner agree that to determine a sum of money which would adequately compensate either Party for choices they have made which would be foreclosed should the Property not be developed as contemplated by this Agreement is not possible and that damages would not be an adequate remedy. Therefore, City and Land Owner agree that in the event of a breach of this Agreement, the only remedies available to the non-breaching Party shall be: (a)suits for specific performance to remedy a specific breach, (b) suits for declaratory or injunctive relief, (c) suits for mandamus under Code of Civil Procedure Section 1085, or special writs, and (d) termination or cancellation of this Agreement. Except for attorneys' fees and costs as set forth in Section 11.3 below, monetary damages shall not be awarded to either Party. This exclusion on damages is limited to a breach of this Agreement and shall not preclude actions by a Party to enforce payments of monies due or the performance of obligations requiring the expenditures of money under Section 3.10 of this Agreement. All of these remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy. Any legal action by a Party alleging a Default must be filed within ninety (90) days from date of declaring such default (the "Declaration of Default") as contained in the Notice of Default as defined below and after following the procedures in Section 6.3 below. 6.3 Notice and Procedure Regarding Defaults. 6.3.1 Default by Land Owner. The Land Owner shall be deemed in Default of the terms of this Agreement if a finding is made by the City Manager, upon the basis of substantial evidence, that the Land Owner has not complied with one or more of the material terms or conditions of this Agreement. A default on the part of an Assignee, as defined below, after an Assignment in conformance with all provisions of Section 8.2 below shall not constitute a Default of this Agreement by the Land Owner for those obligations under this Agreement that have been assigned to the Assignee. 16 1373\08\1183096.21 2/13/2014 2014-39 (a) If the City Manager believes the Land Owner to be in Default of this Agreement, the City Manager or his or her designee shall make a Declaration of Default by giving the Land Owner thirty (30) calendar days' written notice specifying the nature of the alleged Default (the "Notice of Default") and, when appropriate, the manner in which the Default may be satisfactorily cured. Failure or delay in giving the Notice of Default shall not constitute a waiver of such violation. (b) The Land Owner may appeal a Declaration of Default by filing a notice of appeal with the City Clerk within the thirty (30) calendar day cure period described in the preceding paragraph. The Land Owner's appeal shall be placed on the agenda of the next regularly scheduled meeting of the City Council, which shall be an open meeting but not a public hearing. If the City Council finds that a Default has occurred and is continuing, the Land Owner shall be given sixty (60) calendar days within which to cure such Default; provided that such time period may be extended by the City Manager for a period not to exceed 180 calendar days, upon a determination that the Land Owner is engaged in making good faith efforts to cure the Default. At the next City Council meeting following expiration of the period allowed by the City Council for curing the Default, or any extension thereof, the City Council shall set forth by motion or resolution its determination as to (i) the continuation of the Default and (ii) any action to be taken, which action may include amendment or termination of this Agreement. Any action to terminate shall be in the form of a resolution supported by written findings and be in compliance with Section 4.1 above. (c) After proper notice and expiration of the cure period without appeal, cure, or commencement of substantial effort toward a cure by the Land Owner, the City may take unilateral action by adoption of a resolution with written findings to terminate or amend this Agreement. 6.3.2 Default by City. The City shall be deemed in Default of the terms of this Agreement upon failure of the City to carry out any of its obligations hereunder. (a) If the Land Owner believes the City to be in Default of this Agreement, the Land Owner promptly shall make a Declaration of Default by filing a Notice of Default with the City Manager setting forth the grounds upon which a Default is claimed, facts in support of such grounds, and the means through which such Default may be cured. The City shall have thirty (30) calendar days following the date of receipt of a Notice of Default from Land Owner within which to take action to deny the claim, cure the Default, or undertake substantial action toward the cure. (b) If the action of the City is unsatisfactory to the Land Owner, the Land Owner may make an appeal to the City Council, provided that, within ten (10) days following the date of receipt of the notice of denial of the claim, or within ten (10) days following the date of expiration of the cure period described in the preceding paragraph, whichever occurs first, the Land Owner files with the City Clerk a notice of appeal to the City Council. The City Council thereafter shall consider this matter on the agenda of its next regularly scheduled meeting, which shall be an open meeting but not a public hearing, at which the Land Owner may present information regarding the alleged violation. Based upon the information presented by the Land Owner, the City Council shall make a determination as to whether the City is in Default of this Agreement, as alleged by the Land Owner. 17 1373\08\1183096.21 2/13/2014 2014-39 ARTICLE VII ESTOPPEL CERTIFICATE Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and is a binding obligation of the Parties, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, and (c) the requesting Party is not in Default in the performance of its obligations under this Agreement, or if in Default, to describe the nature of any Default(s). The Party receiving a request under this Article VII shall execute and return the certificate within thirty (30) days following receipt of the request. The City Manager is hereby authorized to execute on behalf of the City any certificate requested by Land Owner. Land Owner and the City acknowledge that a certificate hereunder may be relied upon by transferees and Mortgagees. ARTICLE VIII TRANSFERS,ASSIGNMENTS 8.1 Agreement Runs With the Land. 8.1.1 This Agreement and all of its provisions, agreements, rights,powers, standards, terms, covenants and obligations shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the Property or any portion thereof, or any interest therein, whether by sale, operation of law, or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. 8.1.2 All of the provisions of this Agreement shall be enforceable during the Term as equitable servitudes and constitute covenants running with the land pursuant to law applicable to such servitudes and covenants, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Property hereunder (a) is for the benefit of the Property and is a burden upon the Property, (b) runs with the Property, and (c) is binding upon Land Owner and each successive owner during its ownership of the Property or any portion thereof, and each person or entity having any interest in the Property. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 8.2 Right to Assign. 8.2.1 The Land Owner may assign its rights and obligations hereunder to any other person or entity ("Assignee"), at any time during the term of this Agreement, provided that: 18 1373\08\1183096.21 2/13/2014 2014-39 (a) (i) such assignment shall occur in connection with sale, hypothecation or other transfer of a legal or equitable interest in the Property or a portion thereof, including any foreclosure of a mortgage or deed of trust or a deed in lieu of foreclosure, or in connection with formation of a new entity which is the assignee and in which the Land Owner is a partner, member or other form of co-owner, or (ii) such assignment results from the formation, by Land Owner, of a new legal entity, in which Land Owner has an interest, which will own all or a portion of the Property; and (b) the Assignee demonstrates the following, to the reasonable satisfaction of the City Manager: (i) the ability to perform or secure any public improvement obligations required by the City in connection with the Project or other interest being transferred, as identified in the conditions of approval or elsewhere in the City Approvals; (ii) the financial capabilities to meet the obligations of this Agreement as they relate to that portion of the Project assigned to Assignee; and (iii) its expertise in managing projects similar in size to the Project or other interest being assigned. The City shall give the Land Owner written notice of its satisfaction or dissatisfaction with the proposed Assignee within thirty (30) calendar days of receipt by the City of the information the City requires pursuant to this Section.The City's failure to timely communicate to Land Owner its approval or disapproval shall result in City being deemed to have approved. The City shall, to the extent permitted by law, treat all such information as confidential and proprietary, to be made available solely to City officials and staff required to review it in order to carry out the purposes of this paragraph. 8.2.2 The Land Owner shall give the City notice of any such assignment, and the Assignee shall provide the City with notice acknowledging its acceptance of its obligations hereunder as a successor in interest to the Land Owner. Upon such assignment, the acceptance thereof by the Assignee and provision of the required notices to the City by both the Land Owner and the Assignee, the Land Owner shall be relieved of its rights and obligations hereunder to the extent that such rights and obligations have been specifically transferred to and accepted by the Assignee. Only upon compliance with all of conditions set forth in this Section 8.2 shall there be an assignment hereunder(the "Assignment"). 8.2.3 Each Assignee acquiring all or any portion of the Property, and thus becoming an Assignee of the rights and obligations in this Agreement to the extent of such property acquisition, shall be entitled to each and all of the rights, and be subject to each and all of the conditions and obligations, set forth in, and established by, the City Approvals. Subsequent to an Assignment under this Section 8.2, all references in this Agreement to "Land Owner" shall mean and refer, instead, to the Assignee as such references pertain to a portion of the Project acquired by the Assignee. 8.2.4 Upon Assignment and approval of that Assignment as provided in Section 8.2.1 above, such Assignee shall be entitled to all of the rights and be subject to all of the obligations as set forth in this Agreement, as such rights and obligations apply specifically, either wholly or pro-rata, to that portion of the Project to which Assignee has acquired an interest as the result of such Assignment. Such rights and obligations shall include, by way of example only, the obligations concerning Impact Fees and the rights concerning waivers and refunds, each and all as they apply to that portion of the Project so assigned. Any default by the Land Owner in the terms or conditions of this Agreement or in the City Approvals, existing at the time of assignment of any of its rights and obligations hereunder, shall remain the obligation of the Land 19 1373\08\1183096.21 2/13/2014 2014-39 Owner, unless the Assignee expressly accepts such obligation and the City expressly approves the assignment of such obligation. Any default by the Assignee in the terms or conditions of this Agreement or in the City Approvals, occurring after the time of assignment of any rights and obligations of the Land Owner to the Assignee, shall be solely the responsibility of that Assignee, and shall not be deemed to be a default by either the Land Owner or any other Assignee and shall not affect the rights occurring to any other portion of the Property pursuant to this Agreement or the City Approvals. 8.3 Release Upon Sale or Completion of Development. At such time as: (a) any single dwelling unit is sold to an individual homebuyer member of the general public; or (b) within a single phase, as described in Section 3.10.2, all on-site and off-site construction is completed in compliance with the City Approvals, and the final inspection or its equivalent is approved by the City for all structures within that phase, then such individual dwelling unit or phase, as applicable, shall be deemed released from all of the restrictions and obligations of this Agreement and shall thereafter be forever conveyed free and clear of the provisions and obligations contained in this Agreement. The release of any dwelling unit or phase, as applicable, from the restrictions of this Agreement shall not otherwise amend, modify, invalidate, release, or terminate the rights and obligations of the Land Owner or any Assignee under this Agreement as to the remainder of the Property subject to this Agreement and not deemed released in accordance with the first sentence of this Section 8.3. If reasonably required, the Parties shall execute such further assurances as may be necessary to confirm the release and termination of the restrictions contained in this Agreement ARTICLE IX MORTGAGEE PROTECTION 9.1 Mortgage Protection. This Agreement shall be superior and senior to any lien placed upon the Property or any portion of the Property after the date of recording of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement(including, but not limited to, City's remedies to terminate the rights of Land Owner (and its successors and assigns) under this Agreement, to terminate this Agreement, and to seek other relief as provided in this Agreement) shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 9.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 9.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements on the Property, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements on the Property other than those uses or improvements provided for or authorized by this Agreement, or otherwise under Applicable Law. 20 1373\08\1183096.21 2/13/2014 2014-39 9.3 Notice of Default to Mortgagee. If City receives a written notice from a Mortgagee, Land Owner or any approved assignee requesting a copy of any Notice of Default given Land Owner or any approved or permitted assignee and specifying the address for service, then City shall deliver to the Mortgagee at Mortgagee's cost (or Land Owner's cost), concurrently with service to Land Owner, any notice given to Land Owner with respect to any claim by City the Land Owner is in Default under this Agreement, and if City issues a Declaration of Default, City shall,if so requested by the Mortgagee, likewise serve at Mortgagee's cost(or Land Owner's cost) notice on the Mortgagee concurrently with service on Land Owner. Each Mortgagee shall have the right, but not the obligation, during the same period available to Land Owner to cure or remedy, or to commence to cure or remedy, the event of Default claimed in the Notice of Default or Declaration of Default, and City will accept such cure or remedy as though performed by Land Owner. 9.4 No Supersedure. Nothing in this Article IX shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision improvement agreement or other obligation incurred with respect to the Property outside this Agreement, nor shall any provision of this Article IX constitute an obligation of City to the Mortgagee, except as to the notice requirements of Section 9.3 above. 9.5 Mortgagee Protection. The Parties hereto agree that this Agreement shall not prevent or limit the Land Owner, in any manner, at Land Owner's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing may require certain interpretations and modifications to this Agreement and agrees, upon request, from time to time, to meet with the Land Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof,including, without limitation the purchaser at a judicial or non judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of foreclosure (also deemed a Mortgagee) on the Property shall be entitled to the following rights and privileges. ARTICLE X NOTICES 10.1 Notices. Notices, demands, correspondence and communications between City and Land Owner shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express or DHL to the offices of City and Land Owner indicated below, provided that a receipt for delivery is provided; or (c) sent by registered or certified mail, or express mail, return receipt requested, with postage prepaid. City: City Manager City of San Bernardino 300 North "D" Street, 6t1i Floor San Bernardino, California 92418 21 1373\08\l 183096.21 2/13/2014 2014-39 With copy to: City Attorney City of San Bernardino 300 North "D" Street, 6th Floor San Bernardino,California 92418 Land Owner: Executive Director Housing Authority of the County of San Bernardino 715 East Brier Drive San Bernardino, California 92408 With Copy to: Goldfarb &Lipman LLP 1300 Clay Street, Eleventh Floor Oakland, CA 94612 Attn: Barbara Kautz Any Party may change its mailing address at any time by giving written notice of such change to the other Party in the manner provided herein at least ten (10) days prior to the date such change is effective. All notices under this Agreement shall be deemed given and received on the earlier of the date personal delivery is made or on the delivery date or attempted delivery date shown on the return receipt or air bill. Counsel for a Party may provide notice for each Party with the same force and effect as if notice were given by the Party. ARTICLE XI MISCELLANEOUS 11.1 Third-Party Legal Challenge. 11.1.1 Actions of the Parties. In the event of any legal action, claim, or proceeding instituted by a third party challenging the validity of any provision of this Agreement, the City Approvals, or the Subsequent Approvals ("Third Party Challenge"),the City shall actively defend against any such action or proceeding, including taking all reasonable measures to protect the enforceability of the Agreement. The Land Owner shall pay all actual, reasonable legal expenses associated with such defense. The Parties shall cooperate in defending against any such challenge. The City shall consult regularly with the Land Owner regarding such defense and shall notify the Land Owner of any significant developments relating to the action or proceeding. During the entire course of any such challenge,including any review up to a court of final jurisdiction, this Agreement shall remain in full force and effect. Under no circumstances shall Land Owner be required to pay or perform any settlement arising out of a Third Party Challenge unless the settlement is expressly approved by Land Owner. 11.1.2 Invalidity. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unlawful as the result of a Third Party Challenge, the Parties shall use their best efforts to cure any inadequacies or deficiencies identified by the court 22 1373\08\II83096.2I 2/13/2014 2014-39 in a manner consistent with the express and implied intent of this Agreement, and then to adopt or re-enact such part of this Agreement as necessary or desirable to permit implementation of this Agreement. 11.2 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 11.3 Applicable Law/Venue/Attorneys' Fees and Costs. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Bernardino, State of California. Should any legal action or arbitration be brought by either Party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and such other costs as may be found by the court, including without limitation costs and fees that may be incurred on appeal. The costs, salary, and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys'fees"for the purpose of this Agreement. 11.4 Further Assurances. Each Party covenants, on behalf of itself and its successors, heirs, and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement. 11.5 Severability. Except as otherwise provided herein, if any provision of this Agreement, or the application of this Agreement to any person or entity, be held invalid or unenforceable, the remainder of this Agreement, or its application to persons or entities, shall not be affected except as necessarily required by the determination of invalidity, and each term of this Agreement shall be valid and enforced to the fullest extent permitted by law unless amended or modified by mutual consent of the Parties, except if the effect of such a determination of invalidity is to deprive a Party of an essential benefit of its bargain under this Agreement, then the Party so deprived shall have the option to terminate this entire Agreement based on such determination. 11.6 Nondiscrimination. Land Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the development of the Property in furtherance of this Agreement. The foregoing covenant shall run with the land. 11.7 Land Owner Right to Rebuild. City agrees that Land Owner may renovate or rebuild a development located on the Property within the Term of this Agreement should it become necessary due to natural disaster. Any such renovation or rebuilding shall comply with the Applicable Law and this Agreement. 11.8 Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement. 23 1373\08\1183096.21 2/13/2014 2014-39 11.9 Agreement is Entire Understanding. This Agreement is executed in one original, which constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties, or representations are superseded in total by this Agreement. 11.10 Interpretation. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement. 11.11 Recordation of Termination. Upon termination of this Agreement, a written statement acknowledging such termination shall be executed by Land Owner and City and shall be recorded by City in the Official Records of San Bernardino County,California. 11.12 Signature Pages; Execution in Counterparts. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages in counterparts which, when attached to this Agreement, shall constitute this as one complete Agreement. [Signatures on the Following Page] 24 1373\08U 183096.21 2/13/2014 2014-39 • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF SAN BERNARDINO, HOUSING AUTHORITY OF THE COUNTY a municipal corporation and charter city OF SAN BERNARDINO, a public body, corporate and politic By: By: t Y (r� _ � Allen ,T J. rker , City Manager Daniel J.NacPker an, President/CEO Dated: ../;(76// Dated: 31a6�t 4 ATTEST: By: Georgeann H *na, Cit it, Dated: /°27/17" APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: _ ,� •.. . `I. del Date: c=.2 ''J 114 25 1373\08\1183096.21 2/13/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ;.. ` .c .c�F'�> .•"�.•'♦•m ->. 1'—. -:, ,. r ar•er;� 2 2 :caf,. f' �'' •-rte .v;.rrrr v ( State of California y of th �e�r��rd; 1 County On S�/u,2 i b( c j'�l ryi ? bk- , /2(.l.�call before me, l 4� ,� Date 1a1iiS Here Inert Name and Ti le of the Officer 1. personally appeared � A ac 'rn ai'1,, 9 Name(s)of Signer(s) (r ' 1q) who proved to me on the basis of satisfactory :<,' evidence to be the person(* whose name(s) is/are ? subscribed to the within instrument and acknowledged k to me that he/sbe,(theey executed the same in 0 his/hortthoir authorized capacity(ies) and that by his/hcr/fficir signature(•* on the instrument the S ( person(*, or the entity upon behalf of which the 9 I person(*acted, executed the instrument. ( 4_.� SYLVIA ROBLES 9 � ., Commission#1967710 Z I certify under PENALTY OF PERJURY under the ;, (_ i Rte;;..�•_r� Notary Public-California i yJ I' 2 c I San Bernardino County laws of the State of California that the foregoing ( M Comm.Ex Tres Feb 24,2016 paragraph is true and correct. ) I; WITNESS my hand and official seal. Signature: /°L`` d � '�`�¢�' • Place Notary Seal Above '' Signature of Notary Public 9� OPTIONAL .S Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /a Title or Type of Document: bei/-G/Oent ' /��/ee//JE-'et ttie. leirnan &ire& c Document Date: °L-/l eidey Number of Pages: (C i. Signer(s) Other Than Named Above:f}'//er).1, i r,4'. j ann ,v)a. (gcy e-.)z • Capacity(ies) Claimed by Signer(s) y? Pt Signer's Name: Signer's Name: 0 ❑ Corporate Officer — Title(s): El Corporate Officer..=.--Tttle(s): 4 PI El Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF S P. IGNER OF SIGNER ❑ Partner — ❑Limited ❑General Top of thumb here ❑Partner — ❑ Limited ❑General Top of thumb here y t CI Attorney in Fact El Attorney in Fact ] ( ❑ Trustee ❑Trustee • CI Guardian or Conservator CI Guardian or Conservator ?� t ❑ Other: ❑Other: t .' Signer Is Representing: Signer Is Representing: ,_...:....._, r 7. y.,_,• • ti.-: •„. • y..:.:.7 • • >• • .\-. _•.-■._. �._ "A .y■-• ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 2014-39 • STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On -Gl/�t/ ' 'ZO/� before me, A'/,-7� / �t� , Notary Public, personally ah ared AVM , who6Oroved to me on the basis of satisfactory evidence to be the person(A") whose name(k)-is/subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheif authorized capacity(jas), and that by his/horlfheir signature(s)-on the instrument the person(O,or the entity upon behalf of which the person(0 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. , � VALERIE R.MONTOYA#t t � Commission 198535ii-07 Y, 's ?_K i1 3,� Notary Public-California f San Bernardino County -• Notary Public M Comm.Ex 'Ns Au 2,2016 STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On , before me, Notary Public, 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public 26 1373\08\1183096.21 2/13/2014 2014-39 • EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY All that property in the City of San Bernardino, County of San Bernardino, further described as: Real property in the San BernardinoCounty of San Bernardino,State of California, described as follows: PARCEL A: (APN: 0147-211-01-0-000 THROUGH 0147-211-04-0-000) LOTS 11, 12, 13 AND 14,IN BLOCK 42, RANCHO SAN BERNARDINO,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2 RECORDS OF SAID COUNTY. EXCEPTING THEREFROM A PARCEL 150 FEET BY 150 FEET IN THE NORTHWEST CORNER OF LOT 11; AND THE EAST 300 FEET OF LOT 14. PARCEL B: (APN: 0147-181-33-0-000) THE WEST 40 FEET OF PARCEL 1 OF PARCEL MAP NO. 14951,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON MAP ON FILE IN BOOK 185, PAGES 85 AND 86 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: (APN: 0147-181-35-0-000) THE WEST 40 FEET OF PARCEL 2 OF PARCEL MAP NO. 14951,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON MAP ON FILE IN BOOK 185, PAGES 85 AND 86 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY A-1 1373\08\1183096.21 2/13/2014 20111-39 EXHIBIT B CONCESSIONS PURSUANT TO DENSITY BONUS LAW 1. A twenty-five percent (25%) maximum density bonus is granted to increase the maximum density of the mixed-income non-senior units from twelve (12) to fifteen (15) units per acre, and a fifty percent (50%) maximum density increase is granted to increase the maximum density of the senior units from twelve (12) to eighteen (18) units per acre, for a maximum of four hundred eleven (411) dwelling units in the Project. Density shall be calculated for the overall Project rather than for each separate phase of development. 2. Three concessions are hereby granted, as described below: a. Private Open Space. Dwelling units with private patios that are smaller in area than those required by the City's zoning ordinance as shown in the table below. Concession#1: Private Open Space requirements. Unit Unit Unit Description Unit Size Required: Provided: Private Type Private Open Open Space(sq Space (sq ft) ft) 1 BR Al 1 BR—seniors 576 sqft n/a* 102 A2 1 BR flat—singles/couples 618 sqft 155 104 B1 2 BR flat(accessible) 813 sqft 203 105 B2.1 2 BR townhouse (2 story) 998 sqft 250 269 2 BR B2.2 2 BR townhouse (2 story) 997 sqft 249 282 B3 2 BR flat(senior building 1,088 sqft n/a* 154 manager unit) Cl 3 BR townhouse (2 story) 1,241 sqft 300 267 C2 3 BR townhouse (2 story 1,234 sqft 300 294 3 BR accessible) C3.1 3 BR townhouse (3 story 1,458 sqft 300 308 20' wide) C3.2 3 BR townhouse (3 story 1,455 sqft 300 308 20'wide) C4 3 BR shop house (3 story 1,614 sqft 300 200 25'wide) 4 BR D1.1 4 BR townhouse 1,478 sqft 300 289 D1.2 4 BR townhouse (accessible) 1,478 sqft 300 289 *Part of Senior Building—Private Open Space requirements do not apply. B-1 1373\08\1183096 21 2/13/2014 2014-39 b. Parking Requirements.Parking for the Project as shown in the table below. Concession#2: Parking: Residential Parking Proposed oft-street t otal on- Unit Type #of units off-street uncovered Total off- street Total Residential covered pkg pkg per street parking Parking Parking per unit unit parking (private proposed Ratio proposed proposed proposed streets) (spaces/unit) Senior 73 0.0 1.0 73.0 3 76 1 Bedroom 57 0.0 1.0 57.0 57 2 Bedroom 137 2.0 0.0 274.0 274 3 Bedroom 133 2.0 0.0 266.0 266 4 Bedroom 11 2.0 0.5 27.5 28 unassigned spaces 28.0 190 218 Total 411 725.5 193 919 2.23 Non-Residential Parking Area(sqft) Parking Parking Parking required Required Spaces per use Proposed Recreation and Community Centers 93,350 sqft TBD* 129 1 space/ Administration Building 7,387 sqft 250sgft 30 7 Existing Central Shop, q space/ 18,394 sqft 1 p 18.4 32 Maintenance Bldg, 1,000 sqft Community Garden Bldg Total 168 The unique program of the existing community center does not fall under any existing parking requirement category for the City of San Bernardino. Further discussions with the city are needed to determine the required parking standards for this program. B-2 1 373\08\1183096.21 2/13/2014 2004-'39 c. Setbacks.Reduced setbacks shown in the table below. Concession#3: Setbacks. RM (Residential Medium) Required Provided Zone Front Yard 20"-0" min. (25' avg) 16'-9" min. Side Yard: 2 story 10"-0" min (+1'per 15' wall length) 6'-3" min. Rear Yard 10"-0" 10'-0" min. Distance between Buildings 20"-0" 6'-10" min. B-3 1373\08\1183096.21 2/13/2014 2014-39 EXHIBIT C CURRENT PROCESSING FEE SCHEDULE SCHEDULE OF FEES Building & Safety Division, Community Development Department 300 North D Street,San Bernardino,CA 92418 1 I ) 1• Ph:(909)384-5071 Fax: (909)384-5080 ri 6'5 0 Berg_ ( 1110 Website: www.sbcity.org I. Plan Review and Building Permits Fees The plan review and building permit fees applicable to building construction projects in the City of San Bernardino are provided in the following tables.These fees are collected to cover the costs of the plan review and building inspection services provided as part of the building permit process. These fees do not include Development Impact Fees,School Fees,Engineering Division Fees,Planning Division Fees,Water Department Fees,Health Department Fees,or other fees collected for other purposes, unless noted otherwise. A. Determining Plan Review Fees In order to determine the Plan Review Fee for a project the following procedure should be followed: 1. Plan Review Deposit(all except I and 2 family dwellings): a.) Identify the Construction Cost Factor in Table 2 based on the building's occupancy group (use)and type of construction,then multiply this factor by the square footage of the use. The result is the valuation of the construction. If the building contains mixed uses,compute the valuation of each distinct use and add the valuations together to get the total valuation of the building. b.) Find the appropriate valuation range in the left-hand column of Table 3 that corresponds to the total valuation. Select the appropriate column(residential or commercial)to determine the plan review deposit fee. 2. Total Plan Review Fees: The Total Plan Review Fee is the sum of the following fee components,when applicable: Total=Plan Review Deposit +Expeditious Plan Review+E/P/M Plan Review+Energy Plan Review+Fire Plan Review+Accessibility Plan Review +Zoning Review 3. Hourly Plan Review Rate The hourly rate for in-house plan review is$94.15. When expeditious review is requested by the applicant and performed by an outside vendor,any plan review billed hourly shall be at the vendor's prevailing hourly rate,which is typically higher than the City rate. 4. One&Two Family Residential Construction—Plan Review Plan reviews of new single-family and duplex residential construction,additions or alteration thereto,will be performed at the hourly rate. Repetitive tract housing units will be billed at one hour. The plan review deposit for new 1 &2 family dwellings is equal to 5 hours. The deposit for additions is equal to 3 hours. C-1 2014—39 B. Determining Building Permit Fees: 1. Single-family Residential Construction A. Additions Additions without a bath or kitchen: $1.39 per sq.ft. - Additions with a.bath or kitchen; $1.54 per sq.ft. Minimum fee for additions: $300: -'Maximum fee.for additions up.to 1200 sq.ft:.r S 1 166 - The fee for additions•over 1200 sq.ft.is;as indicated in Table 113 B. New.Single-family Trott Homes(constructed in•phases of five or more Conies); • -Refer.to,Table lA. C.New'Single-family Inrll or Custom Homes -Refer toTable:1B • 2, Commercial', lndu:strial and.Multifamily Basic Building Permit Feet: The basic building permit fee is listed in the 2:''' column of Table Total T3iiilclitg Permit..1Fees fio.tow:Btiild ng,Permit Fee is the sutii of the;following fee components,when applicable: Total=:Basic:T3tulding Pcnnit:Feu+:issuance Fees F 1 lepirlbgAdech Permit Fees+ Certificate of.'Occupancy Fee:+S:MI:1 Fees 4-Cultural Development-Impact Fee+Archive Fee+Technology Fee (`SINI P:=Strortg WHOA tlstrumentationProgram Fees) . BUILDING VALUATION DATA The Community neveiopmeneDep irtq e.nt uses the follo .irg cost: tetra(doll'irs t:e;,square foot)to detuinine project valuation on*Section 304: of th'eUniform.Adininistratiye Code as adopted by the City of San Bernardino.Plan check.and buildingpermit fees for occupancies otherthan single4amily residences are based on:value,of the project per SectitM 3'04.Valuation Oft project is detemiincd by the Building Official The cost factors:Contaiiied:in Table 2.amused to calculate linil'diiigvaluation,which iii turn is used to determine permit and planelieck:fc es in_Fable 3..Valuation may or may net have a resemblance to actual square foot cost of a project. In.most cases the costs indicated are below market rates compared to a bid, contract price,assessed value-or sales price. The use of these cost factors by the City simply assures consistency and uniformity in the amount of fees collected for projeots of similar size,construction,and occupancy. s:/fees/schcd,lc Of fees (revised Sept.8..2058) Page 2 C-2 1373\08\1183096.20 12/9/2013 2014-39 • B. Determining Building Permit Fees: 1. Single-family Residential Construction. A. Additions - Additions Without a bath or kitchen: $1.39 per sq.R. - Additions with,a bath or kitchen:. $1.54 per sq.ft. Minimum fee for additions $300. - Mesgnum fee for additions up to 1200 sq,ft.: $.1166 - The fee:for additions over 1200 sq.ft.is as indicated in Table 1B B. New Single-family Tract Ho:mes.(construeted in•phases of five ormore homes); Referto:Table 1A C.New Single-familyItifill or Custom.Homes Refer to Table 1B, 2. Commercial;Industrial,and Multifamily Basic Building remit Tee:; The basic building permit fee is,listed in the 2nd column of Table 3. Total Building Permit:Fcet' The.Total.Building Permit Fee is the stun of the following foe components,Whe s•applicabie;: Total 'i3asioBtuiding;:P.ermtt:Fee+Issuance;Eees a h(ecJPll g(tvlech;PermitFees+ Certificate of Occupancy Fee:+SM-1P'Fee°`+Cultural D.evelopmentlmpact Fee+.Archive. Fee+Technology Fe0 (4 t)41P,StroggTvfoiiotOnsWmcnla rionProgrmn tees) BUILDING VALUATION DATA The.Community D.evelopnient Department uses the following cost;factors(dollars per.,square foot)'to dettimmne project valuation under Section 3042;of the Uniform Administrative Code as adopted by the City of San Bcrnardino Plan:check and.building permit fees for occupancies otherthan single-family residences are based on value of the project per Section 304.Valuation of a pr.:Vac:t:is determined by the Building Official.The cost factors contained.in Table 2 are used to calculate building valuation,which in turn is used to detennine permit and plan check fees in Table 3.Valuation may or may not have a resemblance to actual square foot cost of a project. In most cases the costs indicated are below.market rates compared to a bid, contract price,assessed value or sales price. The use of these cost factors by the City simply assures consistency and uniformity in the amount of fees collected for projects of similar size,construction,and occupancy. :/lets/schedule of fees (revised Scpt.S.2058) Page 2 C-3 1373\08\1183096.20 12/9/2013 2014-39 i12�C 7(coiNinuccl)__� ., 011i CO5t5; LNI,T(<)NS'112UCT[Oi�l_COST -BLOCK WALLS: -4'high $30:00/In.ft. -5'high $37.00/1n',fl.. -6'high $44.00/lit,ft. -other $7;35/sq.ft. DEMOLITION (valiiption—.contract price) (vs.luaticn;=contrsct.priee). DRYWALL $18.001shect FIREPLACE .$3000.00.ea. • PATIOS'PORCHES $1955 4sd.ft. FFiTICOLAII1 ONLYWITH'FO.OTINC: $645.tsq:.ft PATIO C OVER;ONIIY S1110 REROOFINQ'(1 square=100.4 ft:) 'Builtup• $21'0:(]0/square Composition.Shingles. $165.00,'/square. Shake or Tile $320:00.square 'Resheathing $ .96,0Ntquare. S(0198: (tsyvaluation) 51I5[fIC,EXTER1O11. $3 00{sq•.:[t. S1'UCGO': $4:44./:sq,..lt.. SWl1v1MINCrPOOLS ANDSPAS—GLTNIIE (valuation=contract price). . MANt)FAC'CURED AAOVE-GROUND.POOL/SPA S12S7815 TENANT IMPROVEMENT. eoxfpacquare Picot) 30% • .WfNDOW W CIIJANGE OUTS(per)kinelow). $370:00:ca. ;':Deduct20%'for shell only buildings, '"'Use 30%for tenant>Pnprovespcots. slices/schedule nf fees (revised Sept 8,2008) Page 6 C-4 1373\08\1183096.20 12/9/2013 2014-39 Art:,.•eview art Builei� •Co nine,lcl:ll,Industrial,and MUltifi11171iv''1 esidential O�c tp►ncle' , 'vote.: ;Pie following;able provide,list,penni and plan rcvtaw fees l ,ed bn t s lunhon tor:cbmmarcin) mdu trtol,and multilatnsly residenq tl occupanetes, 3ddtuonal faes,torptirnuttsauancv cicctrieal phiinb tg,mu.hantcal deVelArmeht impacts,se wercapaclty,scho6lsl:etCinay.ap ly'- TOLL Bldg PPP Sub 1O1AL Bldg plat; Sub YAI UATION($} f'ernitt ltevte§1 Vot tl YALU 47014(r3 'bt nytt tteviety I ce Total 1:00 - 500' 60;00 1:4.25 74:25 _ 1 d 501. X60;00 165 76115 ~ f v 6.01. 700` 60;00 18:05 78,05 F 701 - 800; 60:00 19;95 79:95 . § x n w .,e F`j 0:.11 801 900 6000 21.85. 81 85 y x { ';'p Z { x . 1 t #s 1 ur 901 s. 1 000 6000 2375 83 75 ; 11 - 1 ' 1 u 7,r e" f' ..M t-: '�• ,!. , x ) i.0 ' iq y .4 x x£fi'r, id ,,0' '�Af 1,001 1,100; ,60.00 .. 25;65 :85,65 30,001-31,000 291.00 2.7645•.,__ 5043' 1,101 - 1,200 •60.00 ;27.55 87.55 1001-32,000 29730- 282:63 580.13 ▪ 1,300' 000 29":45; •89.45 32,001-33;000 304:00 288;80 592.80 1.;301 • 1,400. 6000 31:35 91:35 33,001 34;000: 310.50• 294':98 605;48 1,401 1,500 60:00 '.33.25 93:25 34;001-35;000: 11100 301,15 6184.5 17501 1,600 60:00 35::15 9115 351001-364000 323.50 307133 630.83 1,601 1,700 :60.00 3705 91;05 36;001-37 000 33(00 .31150 643,50 . 1,701 - 1.,800. 60,00 -38.95. 9805 •37;001 38,000 1330.50 3.19:68 656.18 1,801 - 1.,900; 60,00 40;85 300;85. 38,00.1-39000: 345.00 325:85 668:85 1,901 • 2;000: .60.00 ,.42,75 7:02;75. 39;001-40;000 349.50 332;50 .682:00 ▪ d.E F .;y, 40,001-41,000 356:00 33810 694:20 • .n .,. ., :,. t . .., ,,.•...:x ,. ,+ ,s:;' 4:1,'001.-42,000_. .362;50..... 344:38_ 70$:88 ... 2,001 1000 60.00 •51:30 1)1.30 :42;00t s-43;000 369.00 35055 11955 3,001-4,000 63:00 59,85• 122.85; 43;001-44,000: 375.50 35633 73213 4,001- 72.00 058.40' 3.40.40; 44;001-45;000 18240 362190 744;90 '5,001- 6;000. 81.:00 7.6,95 .157:95: ;45;001-46,00(); 388,50 369:08 757:58 .6,001 7000• 90.00 85:50 175.50 46,001-47,000 '39500 3.750 .1•70:25 7,;001-'8,000- 99;00 9405 191.05 . 47;001-48,000,. ...401.50 381,43„ 782.93- •8,001 9;000 108;00 102.60 210,60 •48,001 49,000 408:50 '337:60 79610 9,00.1-1.0,000 .11700 1"11:.15 228.15 49;001-50;000 414.50 -39178 80128 0.41,Efekii.VORm . ' v'T +, r.... } gC✓ •,z giA1$''s y',3. u c s".' 4 F.0,0.01. 11;0.00 126`.00 . :119.70 245.70 50,001-51,000 -419.50 398:05 817:55 • ),14.01-12,000 1351100 :12815 •263.25 51,001-52;000 423:00: :402':33 82133 12,'001•-.13,001) :14400 ;136:80, 28010_ • •52001-53000.. 428.00. 40660 834:60 13,001 ,-.1000 153.00 :145.35 298.35 53;001••54)00 .432:50 410,88 8434:38 '14;001:-15i00.0 162::00 153.90 .31:'5:90, 54;001'-66;000 437:00 415;15 855.15 1:5,001-16;000 171.00 '162.45 33345? 55;001-56,000 441.50 419,43 860.93 , 16;001--17,000 180:00 171-00 351.00 :56;001 51;000 446.00 423.70 869;70 17,001-18,000 189.00 179.55 368.55 57;001-58;000 450.50 •427.98 818:48 1.8 00E-19-19,000 1.98.00 `188:1G 386.'10 58;001--59;000. 455°.00. 432.25 88715 19;001-20;000 207.00 ••196.65 403.65 59;001_--60;000 459.50 436;53 896;03: r S1 e 20;00E-21,000 2.1600 .205,20 421.20 60,001-61,000 464.00 440.80 904.80 21;001-22;000 225.00 213.75 438.75 61,001-62,000 468,50 44508 913;58 22;0)1-23;000 234:00 .222.30 45630 62;001-63,000' 47100 449:35 922:35 23,001-.24,000 243;00 230.85 471.85 63,001-64;000 477.50 453;63 931.13 • 24,001.--25,000 252:00 .239.45 491.45 •64;001--65,000 482;60 457:90 939:90 25,001-26;000 258.00 245.10 501.10 65,001-66,000 486.50 062.18 948.68 26,0.01-27,000 265:00 251.75 516.75 •66,001•-67,000 491.00 466.45 957.45 27,001-28;000 271.00 257.45 528.45 67;001-68;000 495.50 470.73 966.23 28;001--29;000 278.00 264.10 542.10 68,001-69,000 500.00 475:00 975.00 29,001--30;000 284:00 269.80 553.80 69,001-70;000 504.50 479:28 983,78 sJfccs/schedule of fccs (tcviscd Sept.s,2003) .Page 7 C-5 1373\08\I 183096.20 12/9/2013 2014-39 • TOTAL ,Biii Plan Sub IO A] Bldg:' Phn Sub YikliI AIIQ\t(5) Perm t Itevi total VALUATION() Pat nitt Revs w l ea.` L of ll Fee -Fee _ Fee 70;001-71,000 509.00. 483.55 992.55 120,001-121,000( 713:00 677:35 1390.35 71;001:-72,000 31'3.50 487.83. 1001.33 •121,001-122;000 716.50 680:611 139718 72601-73,000 5.18.00 492.10 1010.10 12'2,001-1 23,000 J720.00 684:00 1404:00 73,001-74;000 522.40 496.38 1018'.78 123001-124,000 723.50 687:33 1411:83` 74;001-75;000 52700 500.65 1027:65 124,001-125,000 72760 69065 1417:65 75;001.-16;000 531.50 .504.93 1036.43 ;125,001•-126,000 '73050 693.98 1424:48 76;001-77,000 536.00 :.509,20 1045.20 126,001-127;000 734.00 697.30 1431 30 71601.-78600 540;40 513.38 1053.78. 12:7.001-128,000 737.50 ' 70063 1438.;13, 78,001:-79600 5.45:00 517,75 1062.75 128,001-129;000 741.00 703.95 1444,95 79,001-80,000 549.,50 522.03 1071.53 829,001_130;000 744.50 707:26 1451.78 80;001:-81;000 .554 00 .526.50 1080.50 40,001-137,000 748':00. 710.60 .1458,60 . 81,001 ;82;000 558:50 530:58; 108908 131,001-132600 751.50 713:93 1465.43 82;61-83,000 ;.$6300 •.53445 :1097.85 .122,001-133600 755.99 717;25., 143215 ;3;09:1_-.84,000 567.50 ...339.13 110663 •133,001-194,000 1,58.54 '72058 1479;08: 84 1001 85;000 57200 '.543.40 1;T 15;40 131 00;1 136,000 7'¢200 723190 1485.90 850r-86609 57660 •`.547.68 112168 135,001 136;000 7.65.50 721.23 149213 86,001-81;000 581.00: •551.95 11§2;95 •136,001 ,137;000 76960 730,55 1499,-5 87;001"-8.$,000 585.00 :556.21 '114113 °8837„001-138600 702.501 73318 1506.38 :$8;091 49,000 59000 '.5641,50 1150.50 198,001-139;000 77400 737:20 1513,20 89,001 91)000 594150 :564,711 115918 •134001-1400)00 779.50. '740:53 1524.93 .f. ?trs4.l�rlri',0, x1.2'4 3,W::t.S , f4 yz,s._ '; :.."t, 'Me n' i vai:.AtiNct giOSAIXINK ot d'- „-?:4. 90;001,--91,000 59900 569.05 116845 110,001 141,000 78100 743;85 1526;135 91,001.-92,000 603.50 .5"73.33• 117683 141,001 142;000 786:50 14718 . 1533.68 . 92401,-93,000 608.50 !..577.60 1186,10 ,1'42,001 .1:43600 790.00 130:50 050050 ,.93,001 94;000 612.50 i 581:88 1194.38. 143,007-144;000 791.50 75 .$3., -._. 154Y33 1111 $4;001-95;000 617:00 '585.15 1203.15 144,001-145;000 797:00 757.15 1554.15 95,001 796000. •62:150 590.43 1211:93 .1.45,00:1-1.46,1)00 800.50 760;90 1560.98 96601-97,000 626.90: +594.70 1220:70 146601 141600 :;89460 763.80 .156710 97,001-.98,000 63050 .`,598,98 1-229.48. 147,001-148,000 807.50; 76713 . 157463 98,001-99,000 635.00 ..603.25 123125 '1'4.8,001 149,000 81'1.00. '77045 158'1;45 ,9.9901 100 000 639,50 .107 53 ,•y1247 03 •1,49,0g 150 600 ,.814.50 773,38 158y� 2��j8j' 0:44616-4,k03.41 7 t " r \L` ..t 3`F.t ...$�'.. 4201 ti..:jT T S 3 S?-.t r"� ::R 11":1"i�M Tr?w(i..: :4 .100,001 101,000 643,00 610.85 12'53.85 1.50601 151,000 ,818.00 '7771.0 15951'1' 1.01.,001 1,12;000" 646.50 ':614.12 •1260:68 :151,001-152 000 821.50 780:,43 1601.93 102;001:.-102,000 650.00; :617.50 1267.50 ,1'52,001-153,000 82500. . 78175 16081-5' 103;001 104;000. :653.50 r 620:83 1274.33 •1.53;061-154 1000 428.50 187:08 1615.58 104;1x]1-•105,099 657601 624.15 1281,:15 154,001-155;.600 832;00 390.40 1622;40 .. 10'5,001_'1'06,000 660.50; .627,.48 1287.98 155,001-156000 835.50 793173 1629.23 106001 T07;000; 664:00 '630.80 ;1294:80 1`,56,001 157;000 839:00 7.97:05 16,30,05 107601.108600: 667.50 :634.11 1301.01 157,001 158600 842.50 800.38 164288 - 108601 .109:000: ;671.00 .637,45 1308.45 158,001-159;000 -84660 :803:76 1649:.70 109,001-:110,000 674.50 640..18 1315.28 159,001-160;000 849:50, 807.03 165633 1:10;001 11.1,00 . 678'00 644.10 1322.10. 160,001 161,000 853.00 .81035 166325 1'11.,001 '112600 681,50 647.43 1328.93 •161,001-162,000 856.50 813.68 1670.18 112•,001.-113;000 685.00. 650.75 .1333.75 162,00.1-1'63,000 860.00 81300 1677.00 113;001-'1 14000: 688.50 654.08 1342.58 163,001-164600 863.50 820:33 1.683.83 , 114;001-115;000 692.00 657.40 1349.40 164,001.-165600 867:00: 223.65 1690.65 1.15;001-116,000 695.50 660.73 1356.23 165,001-166;000 870:50 826.98 1697.48 116;001-117,000 699.00 :664.05 1363.05 166,001-167000 87400 830.30 1704.39 1.17,001-1.18',000 702.50 667.38 1369.88 167,001- 168,000 877.50 833.63 1.711.13 .118,001-119,000. 706:00 670.70 1376.70 168,001•-169,000 881.00 836,95 1717.95 1.1.9,001-1'20,000 709.50 674.03 1383.53 169,001-170,000 884.50 840:28 1774.78 For higher valuations use the formulas below. s:/fces/sencdi,c of fres. (revised Sept.:5,2055) Page 8 C-6 1373 W811 183096.20 12/9/2013 1014-39 Building Permit Fees: For.valnatinn ranges beyond the scope of the above table the following formulas canoe used to determine the basic building: permit fee: Where the valuation'Of)is between$100,000.00.and 5500,000.00-- 5639:50 for first S100,000:00 and$3:50 per 7,000:00 therealter,:or, v-{00409 Building Permit Fce=$639.50+( t000 ) 3.50 Whereahe valuation Cl,)is betw.cen26500;000.00 thru.51,000,000:00-52,039:50 for first$500;000.00 and$3,00per 1,000:00 thereafter,:or Y-500400 Building Permit Pee=$2039:50+( 1000 ) . 3100 'Where the valuation(V)is 51,000,000,00 or'greater:-$3,5'39:50 for.first S1:000,000:00 and.S2.00:per 14000.06 thereafter,Cis , -1i 000:000 l 'Building Permit Fee= 53539:50+( 'V.teak )(.2:00'J PiirnReviev-Fees: For valuation naives'beyond:the scope of this table the P1ati Review Pee shall be aS.folltnyst. Coidmerctglhndustital and Miultifamily Residential',: 95%of the calculated building permirfee eifecs/sthedale of fees. (revised Sept.3,2005) Page 9 C-7 1373\08\1183096.20 12/9/2013 2014-39 Single-family ResidentialRewilt(plus service) $.056 Apartments,condominiums per so,ft..(plus seivice) $.050 Commercial buildings per sq.f t.(plusi.senrice): $.015 Electrical Service: Up.to:200 amps $30.50 200-anms•10 1000 amps 162.15 TOM amps and over $124,30 Subpitnels TUG Temporary:Power-Poles $23:50 Meter.P-Ole $12:30 EaCheMentionPOle(no MOM): • 1.1tiftScheilia 3 1.10 Receptacles lightk,switoPOS'-ftist20,,,:egeh $ .73 Atler 20;:eath RangeMVmherldryor;olt Unit OatiOrritiVe.co,oler,,mith EIeetiiãLSigiis(for electiieritWorr—,dOesMot..inelude the iign structure) 324:60 • AdditiOnarbtrinth WithinAMO.3412 4:75 : MetefReset $4000 6410*Mk $1:100 ii6ditiedialmetertn:40trie building`..016t .$10.100 • • $60:00 Wait Fmeigy'S).Steiiii: NO:charge "PrivateAwitruning.POols: :$49:50 - Fewer Apparatus(Motor, -boo*,cooling opmi6kingeonipment, ljjytolhn 475 •,O.V.ei•Ila:1011p 312.30 -Over 1.0 tO.5.0 $2460 • -Over0:to 1,00. $4950 Cii■cr-100hp $7450 Carnivalkand•Circues -Generators aradVeettically:Driven.Rides $23.50 -Mechanically Driven.Rides,Walltf-Ihru attractions 1y/elec.lighting $ 7.25 -System of area:bomb lighting $ 725 s:/feestscheditle Pikes (revised Sept.3,2008) Page 10 C-8 1373\08\1 183096.20 12/9/2013 2014-39 Plumbing fixture,each $9.80 Gas meter react.(gauge test required) $40.00 Gas meter reset(when issued in conjunction w/other work)" $11.00 Gas ineter-ench additional meter-on same building or lot $10:00 ]-louse sewer,each $24,65 Cesspool $37;25 Private Sewage Disposal System $74.50 Demo Septic/Pit -$22.00 Water.heater,each 312:30 Repair or alteration of cliaibage 0i rent piping :$4,75 Gas:piping syitetti Of 1 to 5 outlets: $6.15 Fach;additional-outlet over 5,,pet:outlet -S, 1.10 .Industrial Waste,pretreatmeritintercepior,eseept kitchen. type glrase'interceptors functionmgas fixture.traps, ::$19:90 Writer Piping installation,alteration,or:repair $4.95 Drainage/vehtPiping $4,75 L;aw,n,Sprinkler System orl:any one.meter $14.80 1.zalnaratei.systems-per-ckain(ihaide litiilding) :$9.80- ,.MinhilIntaee $60:00 Solar Energy Systems No:Charge �7b1� � '°..<::-? ex.,t ti:,rSr f x,,.r .. "�Mecl�t►q>,eal Fels,3'> � 'i,a„ j :i kGr FAU'to 100,000 BTU :$14.80 FAU over.1;Q0,00013T[1 $.18:20 A/C'iinh:up to-3 tons $14.80 AZc-unitover3 tons op to 1:5 tons $27.15 Twin-pack'(iew--or replacement,includes gas or ejectricj 329:60 Wall heater,floor furnace,suspended heater .5-14.80 Evaporative cooler $70.65 Bath exhaust fan $7.25 Grease hood and duct systems $10.65 Ductalter $10.65 Ai-.handling.unit BNAC $10.65 s:ffccs/schedulc of fees (revised Septa,20o5) Page 11 C-9 137:m8\1183096.20 12/9/2013 2014-39 . - • Installation/Set-up $196 Earthquake:Bracing.Systems Accessory Buildings (Cabanas,'Ramadas,Patios,Blockwalls,Garages, Awnings,Carports,Porches,etc.) -Without Standard Plans Based on valuation -With Standard Plans $196: :Fees For Constr./Alteration of Mobilehome Park Facilities For:Each Lot s•5:75 - Electrical Fee;Park SerVie4 $14.00 -' Street Lightt V 3.00 - Unit Stibihttion/Secondar'piStributiOn.TranSfonner 1:10.50 - Altedr4P1aee Se?vibe or Transfonter • $10.50• - .MobilelioMe.Lot Service.. . AltereeptiithOplace lot SerVite ;$7:.00 (notthaiged to.li(i !Standard Plans), Ilased ortvalOation Plumbing Fees: :Park Drain Systern 4:14:01:1 .Pthate:Sewage Disposal or Water Treatment System '$14.00. Lo(Drairthalet • 7;00 • Alter/Rophit of PrainagetVent'Piping 7sip, Paik WiterZytteM TOO Water adivice,..0.idlets.(Watekni eterS) J$.425 Tire Hydrant:Or Rite', 4:25 Water Conditioner 5 4:25 .Plurnbing-Fiiiturei/Equipmerit'(atter/repair/replace) $.415 • Park,eas prim*System LPG or Natural GaS-7Fonle of.60,gal,•or nit* 1 700 191obilehoMeT,Ot Gas Outlet Riser :$:425 Clai"DistribUtiOti.Ecluiptlient:(alterbepairkeplat 4.25 Atliscellanebtis EqitiOnentfeadh.installahon) 700' 'Pernik'Issuonce..FeesAto he Inelidied on.eliperinles) $40.90' Supplemental Issunnee Fee $3 0:00-- PermilFee• 16000 Inspections—Hourly. 494,45 Rein§peclionyee $94.45 • Inspection Chitsicie Normal 13usineSsliours $.113890.-t•$94.45/hr.beyond 2 hr Zoning:Consistency Reviewire'e.(Bldg.permits,Demo,etc) $5400' Certificate ofOccupancy :$475108 Of included on building permit) $13362 •-Strong Motion Instrumentation Prograni.(SM1P)Fees: Residential =-• .0901 x Valuadon Strong Motion Instrumentation Program(SIvETp)fees are imposed by the State of California and•provide funding for seismic monitoring and instrumentation .00021 x Valuation throughput the State. (including.hotelt) Technology Fee .2%of plan review&permit fees Archive Fees - Per Penn it or Application $1.00 - Plans 32.00/sheet - Documents 3.25/page slims/schedule of tees (revised Sept.S.2QDSj Page 12 c-b\08\I I 83096.20 12/9/2013 LU 14-39 - p .t Engineering Division d i d '' �' De✓e%pmentServicesDep3rtmerrt tl M10 Ncrth.'�D"Srfxt;:3"'•Flcar,San Bernardno,CA 92418-001 rr t om::car ,: i' Phorp.. (909)384'5111 Fat .('909);339-.511.5 U\n"hi,. tilitt(f 111/1: W bsIte: w.sb it .orQ ENGINEERING.DIVISION SCHEDULE OF FEES Fees Effedisie July 18 "409 Base Issuance Technology Archive Type of/Ivplicaiion Fee Fee Fee(2%) Fee per Total Sheen. ,Basic Permit Fees: Engineering Permit $4.50.0 $;:;9...0 $Y 00' :$46 90 Blanket permit $$3 04 $106. ..$1,00: `,$55 05 Permit Extension; :$.43x00 ,$:86 $1,00, ?$44.86 PermalrentEncroachment'Permit. •$625.00 $:45`00 $12.50. $1.00 `$683.50` ;Temporary Encroachment Permit::. N6;Lanecloslare, $25 00 $4 '0.0 $140` $1:00' $74 86' With!cane Closure(FlrstDay)' $136 00 $.45,00 $3 62 $1.00 $:185 62 $ach Addi.tiopal.Day $60 00 'i 451.20 * $61.20 :Combo Lnn,e clo.toii.W.ith'Exeavpliio:n $236.00 $53.0:0 $6.78: $1.00: $346'78• Special..;i'iE i.iven:ts:Encroachment:Peini it: ' fth-A Lane Closure. $.5.,0:0.,:..00„ $45 00 $10 90 $1,00 $566.90 -• With A.StreeCClosure $514'.00 $45.40 $11.:18 $1.00 $571.18: Road Closure(First Day) $302.00 $:45,00 $6:9.4: .$1.00. $354 94, Road Closure.(Each Additional. $302:;00 * * * $ 0 ,00 Day)' `Oversize:Load Permit//8uiiding:Move. - One DayPemiit'(State Fee) $1740 :* $.-:84 $1.00; $104' - Annual Permit(State Fee) $95 00 * $1..96 $1.00; $97.90 Hauling Permit: . • - First Day' $393.00 $'45.00 $7.86 $1.00 $401.86 - Each.Additional Day $100.00 * $2.00 .e $10200 Excavation P emit(Per Day) $150:00 $45.00 $3:90 $1.00 $199.90 1 C-1l 1373\08U 183096.20 12/9/2013 2014-39 Base Issuance "Technology Archive Type of Application Fee Fee Fee(2%) Fee L+e Total Sheet) Traffic Study Report - Base Fee $719.00 * $14.38 $.25 $733.63 - Extended Review(Per Hour) $80.00 * $1.60 * $81.60 Final Map or Parcel Map Review: -Base,Fee $24210.00 * $44.20 $2.00 $2;256.20 Per Lot Fee $55.00 * +2% Each Additional Review $135;00 * $2.70 * $137.70 Final Map Continuance $404.00 * $8;08 * $41.2.08 - Certificate..of Correction(Per $97.00. * $1:94 $2.00. $100.94 Hour) Off-Site Improvement Plan Check Fee/Based on'Cohstruction Cost Estimate Minimum$50.00 Charge 4% * -1 2% $2.09 On-Site:'Improvement Plan Check Fee/Based on Construction Cost Estimate 2% * +2% $2.00. Grading Plan Check Fees: - 50 or Less Cubic Yards(CY) No Fee * * * * - 51-.100 Cubic Yards(CY) $1100 * $,30 $2;00' $1730 101-1,000 Cubic Yards(CY) $22.50' * $.45' $2.00 $24:95; - 1,001-10,.0.00 Cubic Yards(CY) $30.00 * $sC60 $2:0.0 $32.60: - 1'0,001,-100,000°Cubic Yu rds $30.00/$15::00 * +2%, $2:00! (CY) additional 10,000 CY +2% $2.00. - 100,001-200,000 Cubic Yards $165.00/$9.06 (CY): additional 10,000 +2%. $2.00 CY -; 200,001 Cubic Yards(CY)and up $255:.00/$4.50 * additional 10;000 CY Four or More Plan Checks $85.00 * +2%o-. $1.00 Review Revisions to Approved Plans $137.00 * $2.74. $2.00 $141.74 Review Fee: - Certificates of Compliance $828.00 * $16.56 $.25 $844:81 - Lot Merger $828.00 * $16.56 $.25 $848.81 - Lot Line Adjustment-Single Family/Owner Occupied $414:00 * $8.28 $.25 $422.53 - Lot Line Adjustment- Commercial/Industrial $828.00 * $16.56 $.25 $844.81. 2 C-12 1373\08\1183096.20 12/9/2013 2011-39 _ Bese_ _ _Issuance Technology Archive ._. Type of Application Fee Fee Fee(2%) Fee am Total ," Sheet Off-Site Construction Inspection Fee/Based on Construction Cost 4% * +2% Estimate On-Site Construction Inspection Fee/Based"on_Construcfion Cost 3% +2%, * Estimate Grading.Inspection Fees: - 50:or Less Cubic Yards(CY) No Fee * * * * •- 51-100 Cubic Yards(CY) $150:00 * .$3.00 * $:153:0:0 -. 101-1,000 Cubic Yards(CY) $225.00 * $4.50 * $229.00 - 1,001-10,00.0 Cubit Yards.(CY) $300.0 0 * $6.00: * $606:0.0: - 10,001,-100,000<Cubic�Yards $300.00/$100:00 * +2% * (CY) additional-10,000 CY 100,001 200,000 Cubic Yards $3Q0,00/$100.00 (CY); additional 10,000 * +2% *' CY - 200,001 Cubic Yards(CY)and.up $300:00/$100:00 additional 10,000 Blanket Permit Inspection(Per $73.00 * $1.46` *' $74.46 Location) Re-inspection $59.00 * $1.18 . $60.18 Bond Release Inspection $59:00 * $1,18 $1.00' $61:;18 After Hours and Holiday Construction. Inspection: - :4 Hour Minimum $369.00. * $7.38. * $378.38 - Each Additional Hour $92.45. * $1.85 * $93.30' Review of Storm Water Pollution Prevention Plans.(SWPPP) - Commercial and Residential $410.00 * $8:20 $;25 $418.45 Projects - Industrial and Linear $265.00 * $5.30 $25 $270.55 (CIP%Utility)Projects Review of Water Quality Management Plans(WQMP): - Non-Categorical $80.00 * $1.60 $.25 $81.85 - Categorical without Conditions of $365.00 * $7.30 $.25 $372.55 Concern - Categorical with Conditions of $1,130.00 * $22.60 $.25 $1,152.85 Concern - Four or more Reviews(Per Hour) $99.00 * $1.98 $.25 $101.23 3 C-13 1373\08\1183096.20 12!9/2013 2U14-39 Base Issuance Technology Archive Type of Application Fee Fee Fee(2%) Fee lila Total Sheet Review of Erosion/Waste Management $75.00 * $1.50 $.25 $76.75 Control Plan National Pollutant Discharge Elimination System(NPUES). Construction:Inspection:. $98.00. * $1.96 * $99.96 - Less Than 10 acres; $179.00 * $3.58 * $18238 - 10 Acres or.More National:.Pollutant Discharge Elimination System(NPDt S).Business $143:00. * $2.86: $1:00+ $145.86 Inspection; Hydraulic/Hydrology Study: - Three Hour Minimum $487.00; * $9.74 $.25. $496.99• - Four•or More Flours $100.00: * •$2:0.0 $ 26 $102:45 STemporary Certificate of Occupancy $520:00 $.10:40: '$1.00 $530.25 Engineering Letter $100.00 * $2.00 $.25 $10225' Street Name Change: - Plus the'Cost of.the Sign $045.90 * $20.90: $.25' $1,372.15; Sewer Capacity Analysis: - Minimum Fee $280:00 * $5°60 $.25 $285.85 - &tended Review(Per Hour)' $80.00 * $1.60. $.25 $81.85 Street Light Electrical?Energy.fee - 70W 518.00L Type A, $42000.Each .� $8.40 $42.8.40 100W 915QQL Type B $472.80 Each * $9.52 $482.26 150W 16,000L Type C $720,00 Each. * $14,40 $73.4.40 - :200W 22,.000L Type D. $912.00 Each $18.24 $930.24 Billing fee $59.00 * $1,18 $.25 $60.43 Street or Alley Vacation - Deposit $1,000.00 * $20:00 $.25' $1,020.25 - Balance Due Prior to Processing $1,000.00 * $20.00: $.25. $1,020.25 Dedication of Right-of.-Way(Each):. - If Legal and Map are Provided $315.00' * $6:30 $.25 $321.55 - If City Prepares Legal and Map $800.00 * $16:00 $.25. $816.25 Private Party Annexation Request $14,750.00 * $295:00' $.25 $15,045.25 City Property Lease Processing $2,100.00 * $42.00 $.25 $2142.25 4 C-14 1373\08\1 1 83096.20 12/9/2013 2.014-39 Base Issuance Technology Archive ` Type of Application Fee Fee Fee(2%) Fee lfgt Total Sheets. Community Facility District Verdemont Area Only $7,010.78/Lot $140.22 $.25 $7;151.25' — Residential in Lieu Fee $386:43/Lot $7.73 $:25' $394A0 — Residential if in CFD 2009/2010. $48,975.34/Acre $979.51 $.25: $49,954 46 — Industrial/Commercial in.Lieu $2,699.48/Acre $53:98 $:25 $2,753.72. Fee — Industrial/Commercial if in-CFD $5,900 $118.00 $.25: $6,018.25 2009/2010• - CFD:Formation Fee Assessment District $5,900 $118.00 $.25 $6,018.25 Outside City Sewer Service Permit $1,300.00 $45.00 $26 $1.00 $1,327 *Archive;fees:are:$1.00per.permit,.$2.00 per plan-sheet and$25 per document. Total archive fee will vary base on,the total huniber of case file;doCUrt ent3. FEES FOR DOCUMENTS&MAPS Account#.001-000'•4710 Documents The General Plan, Development Code, and other documents are available on the City's' web page:: wwwsbcitv.orq,select Departments.and.development Servicea Planning; Maps Maps are available iri the General Plan located on the City's web page:www.sbcitvorq,select Departments and Development Services and Planning. Copying, Photocopies .;:...: .. ......35'4.first page,plus'154 each additional page 5 C-15 1373\08\1183096.20 12/9/2013 LU14-39 Planning Division Community Development Department OVA r^'F t 300 North"0"Street,3'd Floor,San Bernardino,CA 92418-001 C'[T-iC?'h R Phone: (909)384-5057 Fax: (909)381-5080 1 Website: www.sbcitv.orq PLANNING DIVISION SCHEDULE: OF FEES Fees Effettive:;January 1,2009 ease Technology Archive Type of Application Fee Fee Fee Total Amendment to-COnditions:. Director review(DPI.) $583 $11.66 $8.00 $602.66 -DJERC review(DP2) $822 $16.44 $8.00 $846.44 --Planning Comm.Review (cuP/pP3/sUB) $2,550 $51 $8.00 $2,609.00. Antenna Development Permit(DPi) $2,93!8 $58:76 11.25 $3,008,01 Appeal to Mayor&Common Council: -Non-applicant,City resident $177 $8.54 $2.00 $182.54 $1,766 $35.32 $2.00 $1,803.32 -All others Appeal to Planning Commission -Non-applicant,City resident. $278 $5.56 $2,00 $285.56 All others $2,772 $55.44 $2.00 $2,829,44 Conditional Use Permit -Alcohol outlet in existing building $3,858 $77.16 $12.00 $3,947.16 -Commercial&Industrial(non-residential) $-7.133 $142.66 :$12.00 $7,287.66 -Residential(Condo,HMOD,Guest House) $2,809 $56.18 $12.00 $2,877.18 -Revision $2,113 $42,26 $12.00 $2,167.26. Design Review Full Consultant Cost Development Agreement or Agreement Direct Cost +2% * Amendment Recovery Fee Development Code Amendment $7,449 plus Full $148.98 Consultant Cost Development Permit - Type 1(DP1-Director review) $1,070 $21.40 $11.25 $1,102.65 - Type 2(DP2-Dev.Review Committee) $6,890 $137.80 $12.00 $7,039.80 - Type 3 (Planning Commission) $7,191 $143.82 $12.00 $7,334.82 - Type 3 (Mayor and Common Council) $7,288 $145.76 $12.00 $7,445.76 C-16 1373\08\1183096.20 12/9/2013 ZU14-39 • Base- Technology: Archive . Type ofAppllCation Fee : .Fee .. . ;...Fee Total Document Copies Varies- see page 4 Environmental Study(Initial Study prepared $3,273 $65.46 n/a $3,338.46 by staff for MND with MM/RP) Environmental Impact Report Direct Cost Recovery Fee plus Full Consultant Cost Extension of Time -CUP&Development Permit 2/3. $3,922 $78.44 $11.25 $4,011.69 -Tentative Tract Maps $4,768 $95.36 $11.25 $4,874.61 Fence/Wall Permit $56 $1.12 1.50 $58.62 . Fire Fees - CUP&Development Permit 2/3 $41.3.45 $413.45 - Subdivisions,Tentative Tracts,Parcel $361.85 n/a n/a $361.85. Maps,and Lot.Line Adjustments (CA Dept of)Fish&Game Fees(Make check payable to"Clerk of the Board of Supervisors") Environmental Impact Report $2,768.25 +$50 Admin.Fee $2818.25 -Negative Declaration(with or without $1,993.00 +$50 Admin.Fee $2,043.00 MMRP) $50 _ $50.00 • Notice of Exemption General Plan Amendment(text or map) Direct Cost Recovery, Fee($1500 Deposit) Historic Preservation Report Direct Cost Recovery Fee($815 deposit plus Consultant Cost) Home Occupation Permit $268 $5.36 $2.00 $275.36 Letter of Zoning&Gen.Plan Consistency $450 $9.00 $2.00 $461.00 Lot Line Adjustment $477 $9.54 $8.00 $494.54 Minor Exception -Concurrent With another application $288 $5.76 $4.50 $298.26 -Owner-occupied single-family residence $268 $5.3.6 $4.50 $277.86 -Other $792 $15.84 $4.50 $812.34 Misc.Environmental Report Review Direct Cost Recovery Fee($245 deposit)plus Full Consultant Cost($327 deposit) Minor Modification/Revision $561 $11.22. $4.50 $576.72 Phasing Plan Review -If not part of original project review $823 $16.46 $12.00 $1351.46 -Dev.Review Committee application $514 $10.28 $12.00 $536.28 (DP2) $536 $10.72 $12.00 $558.72 -Planning Comm.application 2 C-17 1373\08\1183096 20 12/9/2013 2014-39 Base Technology;`Archive _ Type of Application Fee Fee. . ,.;,Fee. Total. (CUP/DP3/SUB) Planning Commission Interpretation $1,119. $2238 n/a 114138 Public Convenience or Necessity Letter $636 $12.72 5.50 $654.22 (PEN) Pre-Application Review-DRC.Review $2,424 $48.48 $6.00 $2,478.48 (If an application is.filed Within 60 days of the review, $1,500 Will be credited toward that application.? Reconsideration by the,Planning Comm. $506 10'•12 n/a $516.12 Sign Permit $182 $3,64 $530 $191.14 -Requiring Conditional Use Permit $3,858 $77.16 $550 $3,940.66 Temporary $1.11 $2.22 $5.50 $11872 Sign Program $610 $12,20 $5.50 $627.70 Specific Plan or Specific Plan Amendment Direct Cost Recovery Fee plus Full Consultant Cost. Temporary Use Permit -Director Review $450 $9.00 $4.75 $463.75 -Planning.Commission Review $782 $15.64 $4.75 $802.39 Tentative Parcel Map $4,262 +2%of $8.00 Varies plus$65 per parcel calculated base fee Tentative Tract Map(for Single-Family $7,561 ±2%of $8:00 Varies Residential,Condo's,or P.R.D.) plus$65 per Idt/dwig Calculated unit base fee Tentative Map Revision.-Tract/Parcel:Map $2,113 $42.26: :$8.00 $2,163.26 Tree Removal Permit $506 $10,12 $4.25 $520.37 Variance $2,724 $54.48 $4.75 $2,783.23 -With another application $910 $18.20 $4.75 $9.32.95 Single Family Residence $322 $6.44 $4.75 $333.19 Vesting;Tentative Maps Direct Cost Recovery Fee plus Full Consultant Cost Zoning Form-written verification of zoning $22 $.44 $2.00 $24.44 only Zoning Verification Review(for Business $37 $.74 $2.00 $39.74 Registration Certificate) Archive fees are$1.00 plus$2.00 per plan sheet plus$.25 per document. Total archive fee will vary base on the total number of case file documents, 3 C-18 1373\08\1183096.20 12/9/2013 Z014-39 Direct Cost Recovery Fee The Direct Cost Recovery Fee shall include all City labor and material costs,both direct and indirect,including overhead charged against the specific item being discussed.The applicant shall pay a deposit for the Direct Cost Recovery Fee at the time of filing the application. Full Consultant Cost The Full Consultant Cost shall include all costs incurred by the.City under contract with a consultant.The applicant shall pay a deposit for the full consultant costs at the time of filing the application. Deposit Required The applicant shall pay an initial deposit of$1,500 (or the..deposit listed in the fee schedule)at the time of filing an application on which there is a Direct Cost Recovery FeeThe applicant shall pay an initial deposit of $1,500 (or the deposit listed in the fee schedule)at the time of filing an application on which there is a Full Consultant Cost,Fee. When 75%of a deposit has been expended,and the Planning Division determines that the estimated remaining costs of the job will exceed the amount deposited, an additional deposit of such excess shall be required. Notification of the additional deposit requited will be mailed to the applicant,who shall deposit such monies prior to the date specified in the notice. When an additional deposit has been requested, work will be suspended on the project when 95% of the deposit previously received has been expended. Projects will not be completed with money due, If an additional deposit is not made by the date. specified In the notice,the pioject shall be deemed withdrawn on the date specified without any further action on the part of the City of San Bernardino and without refund of any money deposited for services Performed. Such project may be reinstated,only if additional deposit is made within 30 days from the date that the project was deemed withdrawn. If a project involves multiple applications,the full amount of fees for each type of application shall be paid. Refunds will be made by the City of any fee that was erroneously paid or collected,for any unused deposit monies of Direct Cost Recovery Fee or Full Consultant Cost Fee after all changes for the project have been determined,ores determined by the Director.. Fees are automatically adjusted annually on January Set,of each year,based on the latest available Consumer Price Index increase from the,prior year. Fees adopted per Resolution No.89-471(11/22/89),Resolution No.91-148(4/18/92),Re'solUtion No.2003!211 (8/4/01), and Resolution No. 2006-325(9/5/06). Fire Department"fees authorized by Resolution No 1999-173 (7/13/99)and Resolution No.2006-325(9/5/06). Technology Fee of 2.0%Is authorized by Resolution No 2008-.149'(05/07/08).. FEES FOR DOCUMENTS & MAPS Account#001-000-4710 Documents The General Plan, Development Code, and other documents are available on the City's web page: www.sbcitv,orq,select Departments and Development Services and Planning. Maps Maps are available in the General Plan located on the City's web page: yvww.sbcitv.orq, select Departments and Community Development and Planning. Copying. Photocopies 35¢first page,plus 154 each additional page 4 C-19 1373\08\1183096 20 12/9/2013 2014-39 Temporary Fee Reductions and Deferrals Effective:July 21,2010 Expires: August 2,2014 c I I I Building&Safety Division,Community Development Dept. i 300 North D Street,San Bernardino,CA 92418 SaBe LO Ph:(909)384-5071 Fax:(909)384-5080 { Website: www.sbcity.org Development Impact Fee Reductions—Resolution 2010-266 FEE TYPE APPLICABILITY AMOUNT OF REDUCTION Law Enforcement Facilities All New Occupancies 50% Fire Suppression Facilities All New Occupancies 50% Library Facilities New Residential 55% Aquatic Facilities New Residential 55% Parkland Acquisition New Residential 55% Service Fee Reductions—Resolution 2010-268 FEE TYPE APPLICABILITY AMOUNT OF REDUCTION Archive(Bldg,Fire,Ping) Single-family Subdivisions of 5 or 50% more units, Building Planning Review Townhomes, 50% DP3 Condominiums, 50% Building Permit Commercial,and 50% Engineering Permit (Grading,On- Offices. 50% site,Off-site,Landscaping) Fire Plan Review/Inspection 50% Fire Sprinklers 50% Issuance (Bldg) 50% Plan Review (Bldg,Fire, 50% Technology (Bldg,Ping) 50% WQMP 50% Hydrology 50% SWPPP 50% DEFERRALS OF DEVELOPMENT IMPACT FEES FEE TYPE APPLICABILITY REFERENCE Law Enforcement Facilities Single-family Subdivisions of 5 or Reso.2008-81 Fire Suppression Facilities more units,and Reso.2010-247 Library Facilities New Commercial,Office,or Aquatic Facilities Industrial. Parkland Acquisition Local Circulation Regional Circulation Public Meetings Facilities Storm Drain Plus all single-family residences Reso.2010-247 and SBMC 3.38.040 Sewer Connection All single-family residences Only SBMC 13.08.055(D) JL/S:BIdg and Safety/_all forms/ (revised August 2,2012) C-20 2014-39 EXHIBIT D CURRENT IMPACT FEE SCHEDULE COMMUNITY DEVELOPMENT DEPARTMENT BUILDING& SAFETY DIVISION CITY OF 300 North"D"Street, San Bernardino,CA 92418 Sam Berman Ill( Phone:(909)384-7272 FAX.(909)384-5080 Website: www.sbcity.org Housing Authority The Impact Fees are calculated for the dwellings only;all other community structures will be provided shortly. The following fees were assessed under the following parameters: Existing Site: Number of existing Dwellings is 252 Number of existing Bedrooms is 594 New Site Design: Number of new Dwellings is 411 Number of new Bedrooms is 848 Local Traffic: $24,689.52 Regional Traffic: $258,534.00 Law Enforcement: $90,028.98 Fire Suppression: $155,363.67 Library Facilities/Collection Fee: $80,342.70 Aquatic Facilities Fee: $41,022.00 Public Meetings Facilities Fee: $137,032.56 Sewer Connection Fees: $106,638.06 Storm Drain Fees: $257,686.53 Quimby Parkland Fee: $1,197,818.55 Total Impact Fees $2,349,156.57 Cultural Not Included D-1 • 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS 1 ENGINEERING COST ESTIMATE STREET IMPROVEMENTS(Off Site) REVISED:JULY 15, 2009 Developer: Planning Case# Engineer: TM No./PM No.: Phone No: Date: Drawing No: ITEM QUANTITY UNIT UNIT ST AMOUNT 6"Curb and Gutter ' LF $16.27 $0.00 6"Curb only LF $13.02 $0.00 8"Curb and Gutter LF $17.35 $0.00 8"Curb only _ LF $13.56 $0.f10 Gutter(Adj.To existing curb) _ LF $7.06 $0.06 Cross gutter SF $8.68 $0.00 Side walk SF $5.42 $0.00 Residential DWY APPR SF $7.59 $0.00 Commercial DWY APPR SF $9.76 $0.00 Handicap ramp EA $2,169.30 $0.00 6"AC Dike LF _ $11.93 $0.00 8"AC Dike LF $16.27 $0.00 AC Pavement/Aggregate Base SF $3.25 $0.00 AC Pavement/Native _ SF $1.35 $0.00 Aggregate base Ton $35:79 $0.00 Roadway excavation CY $14.10 $0.00 Barricades EA $2,272.60 $0.05 AC overlay _ SF $0.82 $0.o5 Fog seal SF $0.11 $0.00 Preparation of subgrade SF $0.33 $0.00 Street name signs EA $542.33 $0.05 Regulatory signs EA $270.65 $0.05 Stop sign EA $325.40 $0.00 Guide marker EA $81.35 $0.00 Saw cut LF $3.80 $0.00 Relocate chain link fence LF $7.59 $0.00 Chain link LF $26.03 $0.06 AC removal SF $0.65 $0.00 Street tree EA $379.11 $0.06 Street light EA $6,198.00 $0.00 Remove street light EA $1,549.50 $0.00 Grading(import soil) CY_ $13.02 $0.00' Remove curb and gutter LF $4.07 $0.00 Street striping LF $0.43 $0.00 AC Street cut repair Ton $135.58 $0.00 AB Street cut repair Ton $92.20 $0.05 Cold mill ($3,500.00+$0.80/sf) SF $1.35 $0.00 $0.00 $0.06 $0.00 Street Improvement(Off-Site)Subtotal w/o traffic control during CONST $0.00 Traffic control during construction(5%of estimated construction cost.) $0.00 Street Improvement(Off-Site)Subtotal $0.00 Page 1 of 6 D-2 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS I ENGINEERING COST ESTIMATE STORM DRAIN IMPROVEMENTS(Off Site) REVISED:JULY 15, 2009 Developer: 0 Planning Case# 0 Engineer: 0 TM No./PM No.: 0 Phone No: 0 Date: 01/00/00 Drawing No: ITEM QUANTITY UNIT UNIT;)OST AMOUNT 1 69"RCP and over LF $413.20 $0.00 66"RCP LF $361.55 $0.00 60"RCP LF $330.56 $0.00 54"RCP LF $299.57 $0.00 48"RCP LF $268.58 $0.00 42"RCP LF $237.59 $0.00 36"RCP LF $206.60 $0.00 30"RCP LF $175.61 $0.00 24"RCP LF $144.62 $0.00 18"RCP LF $103.30 $0.00 Catch basin-7' EA $5,681.50 $0.00 Catch basin-14' EA $10,330.00 $0.00 Catch basin-21' EA $15,495.00 $0.00 Catch basin-28' EA $22,726.00 $0.00 Junction structure EA $2,582.50 $0.00 Manhole No.2 EA $5,165.00 $0.00 Local depression EA $1,084.65 $0.00 Concrete collar EA $2,711.63 $0.00 Drainage inlet structure EA $6,198.00 $0.00 Drainage outlet structure EA $2,711.63 $0.00 Transition Structure(Dw6#412) EA $1,626.98 $0.00 Grate inlet structure EA $2,169.30 $0.00 Parkway culvert EA $1,301.58 $0.00 Headwall(LA sTD) EA $867.72 $0.00 Crushed rock for Rip Rap. CY $43.39 $0.00 Concrete collar CY $759.26 $0.00 Adjustment manhole to FG LS $650.79 $0.00 Connect to existing MH LS $2,169.30 $0.00 Reinforced concrete CY $867.72 $0.00 $0.00 $0.00 $0.00 $0.00 Storm Drain Improvement(Off Site)Subtotal $0.00 Page 2 of 6 D-3 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS 1 ENGINEERING COST ESTIMATE SANITARY SEWER IMPROVEMENTS(Off Site) REVISED:JULY 15, 2009 Developer: 0 Planning Case# 0 Engineer: 0 TM No./PM No.: 0 Phone No: 0 Date: 01/00/00 Drawing No: ITEM QUANTITY UNIT UNIT COST($) AMOUNT Manhole---------60"DIA EA $5,423.25 $0.00 Manhole-----48"DIA EA $4,338.60 $0.00 Drop Manhole EA $5,423.25 $0.00 Wyes EA $108.47 $0.00 Clean Out EA $732.14 $0.00 Sewer Saddle EA $216.93 $0.00 Remodeling Existing Manhole EA $976.19 $0.00 Sewer 4"PVC LF $32.54 $0.00 Sewer 6"PVC LF $43.39 $0.00. Sewer 8"PVC LF $75.93 $0.00 Sewer 10"PVC LF $81.35 $0.00 Sewer 12"PVC LF $86.77 $0.00 Sewer 15"PVC LF $97.62 $0.00 Encasement LF $37.96 $0.00 Pavement Restoration SF $7.06 $0.00, $0.00 Off-site Sanitary Sewer Improvement Subtotal $0.00 Page 3 of 6 D-4 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS 1 ENGINEERING COST ESTIMATE TRAFFIC SIGNALS/SIGNS/STRIPING(Off Site) REVISED:JULY 15, 2009 Developer: 0 Planning Case# 0 Engineer: 0 TM No./PM No.: 0 Phone No: 0 Date: 01/00/00 Drawing No: ITEM QUANTITY UNIT UNIT OST AMOUNT Traffic Signals LEG $54,232.50 Major Intersection(4 LEG) LS $216,930.00 $0.00 Minor Intersection(4 LEG) LS $173,544.00 $0.00 Add Phase to Existing Signal (One Direction) LS $32,539.50 $0.00 Add Phase to Existing Signal (Both Directions) LS $65,079.00 $0.00 Traffic Signal Relocation Per Pole,1A(10')Pole EA $5,423.25 $0.00 Traffic Signal Relocation Per Pole,Pole with Signal Mastarm EA $10,846.50 $0.00 Relocate PB or Adj.Grade EA $108.47 $0.00 Traffic Signal Loops EA $406.74 $0.00 Striping LF $0.49 $0.00 Pedestrian Crosswalk Striping LF $0.65 $0.00 Pavement Marker LF $3.25 $0.00 $0.00 _ $0.00 $0.00 $0.06 Traffic Signals/Signs/Striping Subtotal $0.00 Page 4 of 6 D-5 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS/ENGINEERING COST ESTIMATE ON SITE IMPROVEMENTS(PRIVATE AREA) REVISED:JULY 15, 2009 Developer: 0 Planning Cse# 0 Engineer: 0 TM No./PM No.: 0 Phone No: 0 Date: 01/00/00 Drawing No: ITEM QUANTITY UNIT UNICO ST AMOUNT Curb and Gutter LF $16.27 $0.06 Planter curb LF $13.02 $0.00 Ribbon gutter SF $8.68 $0.00 Walkways SF $5.42 $0.00 Residential DWY SF $7.59 $0.00 Commercial DWY SF $9.76 $0.00 AC or PCC pavement SF $3.25 $0.00 48"RCP LF $268.58 $0.00 42"RCP LF $237.59 $0.00 36"RCP LF $206.60 $0.00 30"RCP LF $175.61 $0.00 24"RCP LF $144.62 $0.00 18"RCP LF $103.30 $0.00 Parking lot drain(Std.402) EA $325.40 $0.00 Chain link fence LF $26.03 $0.00 Catch basin EA $5,965.58 $0.00 Concrete collar EA $2,711.63 $0.00 6'garden wall LF $54.23 $0.00 3'Retaining wall LF $59.66 $0.00 4'Retaining wall LF $97.62 $0.00 5'Retaining wall LF $108.47 $0.00 6'Retaining wall LF $135.58 $0.00 8'Retaining wall LF $216.93 $0.00 Sewer main LF $75.93 $0.00 Manholes EA $5,423.25 $0.00 Clean-out EA $732.14 $0.00 Headwall structures EA $2,711.63 $0.00 Trash enclosure EA $6,507.90 $0.00 PCC Pavement SF $8.14 $0.00 4"Sewer lateral(on-site) LF $12.40 $0.00 6"Sewer lateral(on-site) LF $14.46 $0.00 $0.00 $0.00 On-site Total $0.00 Page 5 of 6 D-6 2014-39 CITY OF SAN BERNARDINO-PUBLIC WORKS/ENGINEERING FEES REVISED:JULY 15,2009 Developer: p Engineer: 0 Phone No: 0 Planning Case# 0 Tract Map No./Parcel Map No.: 0 Date: 01/00/00 OFF-SITE TOTALS Street Improvement(Off-Site)Subtotal $0.00 Storm Drain Improvement(Off Site)Subtotal _ $0.00 Sanitary Sewer Improvement Subtotal $0.00 Traffic Signals/Signs/Striping Subtotal $0.00 Landscaping(LMD,publicly maintained areas) TOTAL OFF-SITE IMPROVEMENTS $0.00 Plan checking fee 4%(Reso. 92-3441 $0.00 Inspection fee 4%(Reso.92-344) $0.06 TOTAL OFF-SITE FEE 50.00 MAP CHECK FEE PM/TR Number No.of lots AMOUNT $0.00 ON-SITE IMPROVEMENTS TOTALS Site Improvement(Private Area) $ - Landscaping(Private Areas) TOTAL ON-SITE IMPROVEMENTS $ - Plan checking fee 2%(Reso. 92-344) $ _ Inspection fee 3%(Reso.92-344) $ _ — TOTAL ON-SITE FEE $0.00. Page 6 of 6 D-7 2014-39 • € ' Engineering Division Development Services Department .11,E 441,k 300.North"0"Street,3`d Floor,San Bernardino,CA 92418-001. cx;°FY OF =. .: Phones (909)384-5111 Fax (909)384-5115 San Beriian,inn Website: www,sbcitv.orq ENGINEERING DIVISION IMPACT FEES Fees Effective:July'1$,:2009: • Type of Application Fee SS'stehr.Fee Type of'Development Detached Dwelling Units $225:06 -Attached Dwelling Units $150:03 -Mobile:;Home Units* $155,03- -Commercial Lodging $155031 -Commercial/Office $0,243' Industrial Uses $0.147 *Feesfor mobile homes shall apply toi mobile:homes ; located in mobile home parks: Regional Circulation System Fee Type of Development Detached Dwelling Units $2,435,00 'Attached Dwelling Units $1,626.00 -Mobile Home Units* $1,27400 -Commercial.Lodging $1,281.00 - Commercial/office $2.625. -Industrial Uses $1.591. *Fees for mobile homes shali apply to.mobiiehomes. located in mobile home parks. These Fees are due prior to Issuance of a Building. Permit.The Local:Circulation System.Fee is updated each July 15°x'based on the.ENR Construction Cost Index'. The Regional Circulation System Fee is.updated annually by Resolution of the Mayor and Council. The total Traffic Circulation System Fee is the sum of the Local and Regional Circulation System Fee for each unit. 1 D-8 1373\08\1183096.20 12/9/2013 2014-39 Type of Application Fee Sewer Connection Fee: - .Inspection Fee $28.19 - Sewer Connection Fee - Residential $405.53/bedroom - Mobile Homes $405.53/mobile home - Motels and.Hotels $161.84/dwelling:unit - Commercial,Institutional,,and Industrial $323.69/3,000 SF The Connection and Inspection Fees are updated each July 15'"based on the ERN ConsttUctiofl,Cost Index: These fees are due at.the time the application for connection. These fees are not applicable to development within the East Valley..Water District service area. __ ___ iimmuoir .., _ _ .... aimmignenrume Storm Drain.Fee - Type=of`Use . - Detached Dwelling Units $3,793,15 -• Attached Dwelling Units $1,565.86. - Mobile Home Units• $3,017.42: • Commercial Lodging and Commercial/Office.. $0.86. - Industrial Users $1.089 CSDP Project 3-5(Pepper/Randall)Strom Drain Fee -- All projects $12,633.33/gross acre All Drainage Fees are updated each July 15`h based on the ERN Construction Cost Index.These Fees are due at the time of application for Building Permits. Verdemont Fees - Chestnut Drainage Fee $0.289/SQ FT not to exceed$3,171.79 - Palm Box Culvert/Signal Fee $0.022 2 D-9 1373\08\1183096 20 12/9/2013 2014-39 Type of Application Fee Law Enforcement Fee: -Type of Use - Detached Dwelling Units $617.46/unit - Attached Dwelling Units $547.07/unit - Mobile Home Units* $349.71/unit. Commercial Lodging $343.94/unit - 'Commercial Office $0:75/SQ FT - Ihdustrial Users $0.005/SQ FT *Fees for mobile homes shall apply to mobile home located in mobile home parks. Fire Suppression;Fee: -Type of Use - Detached Dwelling Units $765.30/unit - Attached Dwelling Units $944.09/unit- - Mobile Home Units* $612.85/unit. - Commercial:Lodging; $382,78/.unit. - Commercial Office $0:289/SQ FT - Industrial Users $0 002%SQ Fr *Fees for mobile homes shall apply to mobile home located in mobile home parks. These fees are updated each 34ly 15`^based on the ERN Construction Cost Index:These fees are due prior to issuance of a Building Permit. Library Facilities Fee: -Type of Use - Detached Dwelling Units $616.32/unit - Attached Dwelling Units $488 21/unit - Mobile Home Units* $443 19/unit *Fees for mobile homes shall apply-to mobile home located in mobile home parks. Aquatic Facilities.Fee: -Type of Use - Detached Dwelling Units $315.08/unit: - Attached Dwelling.Units $249.28/unit - Mobile Home Units* $226;22/unit: *Fees for mobile homes shall apply to mobile home located in mobile home parks. Public Meeting Facilities Fee: -Type of Use - Detached Dwelling Units $1,052.70/unit - Attached Dwelling Units $832.70/unit - Mobile Home Units* $756.80/unit *Fees for mobile homes shall apply to mobile home located in mobile home parks. 3 D-10 1373\08\1183096 20 12/9/2013 2014-39 Type of Application Fee Parkland and Open Space Fee: -Type of Use - Detached Dwelling Units $9,196.00/unit. - Attached Dwelling Units $7,278.70/unit - Mobile Home Units* $6,611.00/unit. *Fees for mobile homes shall apply to mobile home located in mobile home parks. Cultural Development Fee: Type of Use Yz%of the valuation - New`and Reconstruction Commercial/Industrial Uses These fees are updated each July 15th based on the ERN Construction Cost Index...Public.Meeting Facilities and,Parkland and Open Space Pees;will Increase by 10%on January 1 of each year through 2009.The fees are due prior to issuance of a Building.Permit: 4 D-1.1. 1373\08\1 183096.20 12/9/2013 2014-39 Temporary Fee Reductions i and Deferrals Effective:July 21,2010 Expires: August 2,2014 c 1 I 1 Building&Safety Division,Community Development Dept. G5 300 North D Street,San Bernardino,CA 92418 M®BeI leo Ph:(909)384-5071 Fax:(909)384-5080 �(� t! Website: www.sbcity.org Development Impact Fee Reductions—Resolution 2010-266 FEE TYPE APPLICABILITY AMOUNT OF REDUCTION Law Enforcement Facilities All New Occupancies 50% Fire Suppression Facilities All New Occupancies 50% Library Facilities New Residential 55% Aquatic Facilities New Residential 55% Parkland Acquisition New Residential 55% Service Fee Reductions—Resolution 2010-268 FEE TYPE APPLICABILITY AMOUNT OF REDUCTION Archive(Bldg,Fire,Ping) Single-family Subdivisions of 5 or 50% more units, Building Planning Review Townhomes, 50% DP3 Condominiums, 50% Building Permit Commercial,and 50% Engineering Permit (Grading,On- Offices. 50% site,Off-site,Landscaping) Fire Plan Review/Inspection 50% Fire Sprinklers 50% Issuance (Bldg) 50% Plan Review (Bldg,Fire, 50% Technology (Bldg,Ping) 50% WQMP 50% Hydrology 50% SWPPP 50% DEFERRALS OF DEVELOPMENT IMPACT FEES FEE TYPE APPLICABILITY REFERENCE Law Enforcement Facilities Single-family Subdivisions of 5 or Reso.2008-81 Fire Suppression Facilities more units,and Reso.2010-247 Library Facilities New Commercial,Office,or Aquatic Facilities Industrial. Parkland Acquisition Local Circulation Regional Circulation Public Meetings Facilities Storm Drain Plus all single-family residences Reso.2010-247 and SBMC 3.38.040 Sewer Connection All single-family residences Only SBMC 13.08.055(D) JL/S:Bldg and Safety/_all forms/ (revised August 2,2012) D-12