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RESOLUTION NO. 2017-216
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A LAND EXCHANGE BETWEEN
THE CITY OF SAN BERNARDINO AND SAN MANUEL BAND OF MISSION
INDIANS ("SMBMI") OPERATING AS PINE DEVELOPMENT, LLC
WHEREAS, Pine Mountain Development, LLC ("PMD") is a wholly owned entity of
the San Manuel Band of Mission Indians ("SMBMI"); and
WHEREAS, PMD owns the former JC Penny Building and Tire, Battery, Accessory
("TBA") Building, totaling approximately 2.48 acres and 226,981 square feet of building area
("Mall Property"), located within the Carousel Mall site; and
WHEREAS, the San Manuel Band of Mission Indians has tribal lands located in the
foothills of the San Bernardino Mountains that is nearing capacity; and
WHEREAS, the City of San Bernardino owns approximately 115 acres of vacant
former U.S. Forest Service property at the north end of Sterling Avenue, northeast of Foothill
Drive ("Foothill Property"); and
WHEREAS, the City is working to redevelop the Carousel Mall into a modern mixed-
use site including residential, retail and office with related amenities and needs full site
control to effectively build the project; and
WHEREAS, the City is desirous of exchanging the Foothill Property for the Mall
Property; and
WHEREAS, the two sites were appraised by an MAI certified appraiser: the Mall
Property has an appraised value of $1,765,000 and the Foothill Property has an appraised
value of $979,200; and
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WHEREAS, the two parties agree that the exchange of property is equitable, allowing
each party to achieve its long-term goals, and neither party seeks additional compensation;
and
WHEREAS, the City agrees to work cooperatively PMD and SMBMI after the land
exchange is completed to facilitate permitting and construction of a private street, or similar
access, such that the Foothill Property has access to the public street intersection of Sterling
Avenue and Foothill Drive.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council hereby approve the "Exchange Agreement
and Joint Escrow Instructions" (Exhibit A) and authorize and direct the City Manager to take
such steps necessary to execute the Agreement, including but not limited to the making of
clerical or non -substantive revisions to the Agreement as may be necessary to effectuate its
intent.
SECTION 2. Approval of the Exchange Agreement is not considered a project under
the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15378(a).
SECTION 3. If any section, subsection, subdivision, sentence, or clause or phrase in
this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and
City Council hereby declares that it would have adopted each section irrespective of the fact
that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional, invalid, or ineffective.
K
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A LAND EXCHANGE BETWEEN
THE CITY OF SAN BERNARDINO AND SAN MANUEL BAND OF MISSION
INDIANS ("SMBMI") OPERATING AS PINE DEVELOPMENT, LLC
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
l s' day of November 2017, by the following vote, to wit:
Council Members: AYES
MARQUEZ X(S)
BARRIOS X
VALDIVIA X(M)
SHORETT X
NICKEL X
RICHARD X
MULVIHILL X
NAYS ABSTAIN ABSENT
GeorgeanrM anna, CMC, ity Clerk
The foregoing Resolution is hereby approved this 1st day of November 2017.
L�
R. Carey Datmaidino
ayor
City of San
Approved as to form:
Gary D. Saenz, City Attorney
By:
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