HomeMy WebLinkAbout2015-078 RESOLUTION NO. 2015-78
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO AN AGREEMENT
3 WITH INLAND VALLEY DEVELOPMENT AGENCY (IVDA) FOR STORM DRAIN
4 DEVELOPMENT IMPACT FEE PRE-PAYMENT.
5 WHEREAS, the master planned storm drain improvements completed by the Inland
6 Valley Development Agency (IVDA) are currently identified in the City's Master Storm
7 Drain Facilities Plan, which identifies storm drain improvements that are to be funded by
8 Storm Drain Development Impact Fees, and
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10 WHEREAS,the IVDA's construction of said storm drain improvements at no cost to
11 the City has saved the Storm Drain Development Impact Fee program approximately
12 $6,584.300; and
13 WHEREAS, on May 7, 2012, Resolution No. 2012-078 was adopted approving an
14 Agreement with IVDA establishing credit in the amount of$5,511,855.18 toward Storm Drain
15 Development Impact Fees in recognition of their construction of various master planned storm
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17 drain improvements at no cost to the City or the Storm Drain Development Impact Fee
18 program; and
19 WHEREAS, in 2012, IVDA afforded a credit to Hillwood Investment Properties in
20 the amount of $1,072,520.82 for the Storm Drain Development Impact Fee that would
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otherwise have been paid to the City for a one million square foot building in the Southgate
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23 Project, leaving a net credit amount of$4,439,334.36; and
24 WHEREAS, IVDA has requested an Amendment to the Agreement and Exhibit "A"
25 to the Agreement to allow the IVDA to assign storm drain development impact fee (DIF)
26 credits to Hillwood Investment Properties for a development partially within the Benefit Area,
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which is served by the public storm drain infrastructure improvements previously funded by
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1 IVDA and which is identified in the amended Benefit Area set out on Exhibit "A-1" to this
2 Amendment.
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4 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The City Manager is hereby authorized and directed to execute the
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attached Amendment No. 1 to said Agreement marked Attachment "A" and incorporated
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8 herein.
9 SECTION 2: This Amendment shall not take effect or become operative until fully
10 signed and executed by the parties and no party shall be obligated hereunder until the time of
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such full execution. No oral agreements, amendments, modifications, or waivers are intended
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or authorized and shall not be implied from any act or course of conduct of any party.
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14 SECTION 3: The authorization to execute this Amendment is rescinded if the parties
15 fail to execute it within ninety(90) days of passage of this Resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO AN AGREEMENT
WITH INLAND VALLEY DEVELOPMENT AGENCY (IVDA) FOR STORM DRAIN
3 DEVELOPMENT IMPACT FEE PRE-PAYMENT.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
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7 the 20th day of April, 2015,by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10 BARRIOS X
11 VALDIVIA x
12
SHORETT x
13
14 NICKEL x
15 JOHNSON x
16 MULVIHILL x
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18 �
Georgea4i, Hanna, ity Clerk
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20 The foregoing resolution is hereby approved this C;� day of April, 2015.
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22
R. CAREY D IS, Mayor
23 City of San Bernardino
24 Approved as to form:
GARY D. SAENZ, City Attorney
25
26 By:
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2015-78
ATTACHMENT "A"
AMENDMENT NO. 1 TO THE STORM DRAIN DEVELOPMENT IMPACT FEE PRE-
PAYMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY
RECITALS
WHEREAS, a Storm Drain Development Impact Fee Prepayment Agreement (the
"Agreement"),was entered into effective May,2012,by and between the City of San Bernardino,a
charter city under the Constitution of the State of California (the "City"), and the Inland Valley
Development Agency, a joint exercise of powers authority formed under the laws of the State of
California (the "IVDA"); and
WHEREAS, the Agreement provides that as a result of the prior funding by the IVDA of
certain public storm drain infrastructure improvements previously dedicated to and accepted by the
City, the City may recognize credits to the IVDA which the IVDA may assign to developers, and
specifically may assign to future projects; and
WHEREAS, the Agreement defines an IVDA Storm Drain Benefit Area ("Benefit Area")
based upon a review of the storm drainage facilities previously designed, constructed and installed
by the IVDA, as set out on Exhibit "A"to the Agreement; and
WHEREAS,the parties to this Amendment wish to amend Section 1 of the Agreement and
Exhibit "A" to the Agreement to allow the IVDA to assign storm drain development impact fee
(DIF)credits to Hillwood for a development partially within the Benefit Area,which is served by the
public storm drain infrastructure improvements previously funded by IVDA and which is identified
in the amended Benefit Area set out on Exhibit"A-1"to this Amendment.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS AS CONTAINED HEREIN, THE PARTIES TO THIS AMENDMENT DO
HEREBY AGREE THAT THE RECITALS ABOVE ARE TRUE AND CORRECT AND AGREE
TO AMEND THE AGREEMENT, AS FOLLOWS:
Section 1. Amendment of Section 1(a): Section I(a)is amended to replace Exhibit"A"with
Exhibit"A-I":
In consideration of the facts recited in the Recitals above and set forth in the Agreement,and as
further set forth in the documents and information provided to the Mayor and Common Council of the
City at the time of approval of the Agreement by the City,the City hereby agrees that Section I(a)of the
Agreement and Exhibit"A"to the Agreement shall be amended so as to provide that the IVDA Storm
Drain Benefit Area shall include the revised area set forth on the map attached hereto as Exhibit"A-1".In
addition,where a project is both inside and outside the amended benefit area,the project shall be included
within the provisions of this Agreement,as amended,when more than 50%of the square footage of that
project area is within the amended Storm Drain Benefit Area as set out on revised Exhibit"A-1".
Furthermore,both(i)the IVDA for development projects sponsored or proposed by the IVDA,
and(ii)all other development projects applying directly to the City for entitlements,grading permits or
building permits shall be subject to the requirements of, and compliance with, the California
4818-1197-6226.1 1
2015-78
ATTACHMENT "A"
Environmental Quality Act of 1970,as amended("CEQA"),with regard to any changes in circumstances
that are deemed to exist pursuant to findings and determinations made by the City in accordance with the
requirements of CEQA that are hereafter found to be caused by any new development activity then being
proposed within the Benefit Area as illustrated on Exhibit"A-1"to this agreement.
Section 2. Remainder of Agreement:
All other terms and conditions of the Agreement, including the Recitals, remain in full
force and effect.
INLAND VALLEY DEVELOPMENT
AGENCY
By:
Print Name:
Title: Co-Chairperson
By:
Print Name:
Title: Executive Director
Attest: Approved as to form:
(SEAL) By
Print Name:
By: Title: General Counsel
Print Name:
Title: Clerk of the Board
CITY OF SAN BERNARDINO
By:
Print Name: Allen Parker
Title: City Manager
Approved s to For9p-A
By:
Print me: ar D. Saenz
Ti : City At orney
4818-1197-6226.1 2
2015-78
ATTACHMENT "A"
AMENDMENT NO. l TO THE STORM DRAIN DEVELOPMENT IMPACT FEE PRE-
PAYMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY
RECITALS
WHEREAS, a Storm Drain Development Impact Fee Prepayment Agreement (the
"Agreement"),was entered into effective May,2012,by and between the City of San Bernardino,a
charter city under the Constitution of the State of California (the "City"), and the Inland Valley
Development Agency, a joint exercise of powers authority formed under the laws of the State of
California(the "IVDA"); and
WHEREAS, the Agreement provides that as a result of the prior funding by the IVDA of
certain public storm drain infrastructure improvements previously dedicated to and accepted by the
City, the City may recognize credits to the IVDA which the IVDA may assign to developers, and
specifically may assign to future projects; and
WHEREAS, the Agreement defines an IVDA Storm Drain Benefit Area("Benefit Area")
based upon a review of the storm drainage facilities previously designed, constructed and installed
by the IVDA, as set out on Exhibit "A"to the Agreement; and
WHEREAS,the parties to this Amendment wish to amend Section 1 of the Agreement and
Exhibit "A" to the Agreement to allow the IVDA to assign storm drain development impact fee
(DIF)credits to Hillwood for a development partially within the Benefit Area,which is served by the
public storm drain infrastructure improvements previously funded by IVDA and which is identified
in the amended Benefit Area set out on Exhibit "A-1" to this Amendment.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS AS CONTAINED HEREIN, THE PARTIES TO THIS AMENDMENT DO
HEREBY AGREE THAT THE RECITALS ABOVE ARE TRUE AND CORRECT AND AGREE
TO AMEND THE AGREEMENT, AS FOLLOWS:
Section 1. Amendment of Section 1(a): Section 1(a)is amended to replace Exhibit"A"with
Exhibit"A-1"•
In consideration of the facts recited in the Recitals above and set forth in the Agreement,and as
further set forth in the documents and information provided to the Mayor and Common Council of the
City at the time of approval of the Agreement by the City,the City hereby agrees that Section 1(a)of the
Agreement and Exhibit"A"to the Agreement shall be amended so as to provide that the IVDA Storm
Drain Benefit Area shall include the revised area set forth on the map attached hereto as Exhibit"A-1".In
addition,where a project is both inside and outside the amended benefit area,the project shall be included
within the provisions of this Agreement,as amended,when more than 50%of the square footage of that
project area is within the amended Storm Drain Benefit Area as set out on revised Exhibit"A-1".
Furthermore,both(i)the IVDA for development projects sponsored or proposed by the IVDA,
and(ii)all other development projects applying directly to the City for entitlements,grading permits or
building permits shall be subject to the requirements of, and compliance with, the California
4818-1197-6226.1 1
2015-78
ATTACHMENT "A"
Environmental Quality Act of 1970,as amended("CEQA"),with regard to any changes in circumstances
that are deemed to exist pursuant to findings and determinations made by the City in accordance with the
requirements of CEQA that are hereafter found to be caused by any new development activity then being
proposed within the Benefit Area as illustrated on Exhibit"A-1"to this agreement.
Section 2. Remainder of Agreement:
All other terms and conditions of the Agreement, including the Recitals, remain in full
force and effect.
INLAND VALLEY DEVELOPMENT
AGENCY
By:
Print Name:
Title: Co-Chairperson
By:
Print Name:
Title: Executive Director
Attest: Approved as to form:
(SEAL) By JCL 2S 140 A 140=2
Pri nt Name:
Y. Title: General Counsel
P ' Na : �Pnn� r F�rr;S
itle: Clerk of the Board
CITY OF SAN B ARDINO
By:
Print Na : Allen Parker
Title: City Manager
Approved s to 1 i �
By:
Print e: ar D. Saenz
Ti e: City At orney
4818-1197-6226.1 2
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