HomeMy WebLinkAbout2017-2531
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RESOLUTION NO. 2017-253
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN EXTENSION OF TERM FOR THE
FEE CREDIT AGREEMENTS GRANTED PURSUANT TO RESOLUTION NOS.
2005-407 AND 2006-59 THROUGH DECEMBER 31, 2019.
WHEREAS, on April 5, 2004, the Mayor and Common Council adopted Resolution
2004-95 granting $275,000 in Traffic Fee Credits in exchange for grading and related
improvements to Campus Parkway. The Agreement has a twelve year term and expired on
April 5, 2016; and
WHEREAS, on October 9, 2005, the Mayor and Common Council adopted
Resolution 2005-407 granting an additional $200,000 in Traffic Fee Credits in exchange for
the additional, unforeseen, grading and related improvements to Campus Parkway. The
Agreement has a twelve year term and expired on October 9, 2017; and
WHEREAS, on On February 23, 2006, the Mayor and Common Council adopted
Resolution 2006-59 granting $1,075,000 in Park Impact Fee Credits and $700,000 in Building
Plan Check Credits in exchange for parkland and trail dedication. The Agreement has a twelve
year term and will expire on February 23, 2018; and
WHEREAS, on September 8, 2017, the Developer, James Watson & Associates,
requested an extension of the fee credit agreements. Mr. Watson is requesting an extension of
Resolution 2005-407 and Resolution 2006-59 through December 31, 2019; and
WHEREAS, the total amount of the original Fee Credit Agreements is $2,250,000 and
the outstanding balance as of December 1, 2017, is $1,598,835; and
WHEREAS, the Developer James Watson & Associates has been actively working to
execute the residential housing and commercial tracts as originally envisioned and due to the
financial collapse of 2007 and 2008 has been significantly slowed in completing the projects.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above -stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. The term of the Fee Credit Agreements approved under Resolution Nos.
2005-407 and 2006-59 are hereby extended through December 31, 2019, but only for the
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construction of the 12,600 square foot commercial building as part of "The Shops" at the
intersection of University Parkway and Northpark Boulevard, and the remaining 45 residential
units as part of the "The Autumn Villas" on Northpark Boulevard.
SECTION 3. All other terms, conditions, and provisions of the Fee Credit Agreements
shall remain in full force and effect.
SECTION 4. Compliance with the California Environmental Quality Act: The
extension of time for the Fee Credit Agreements is not a project under the California
Environmental Quality Act, therefore, no further environmental review is necessary.
SECTION 5. Severability: 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.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN EXTENSION OF TERM FOR THE
FEE CREDIT AGREEMENTS GRANTED PURSUANT TO RESOLUTION NOS.
2005-407 AND 2006-59 THROUGH DECEMBER 31, 2019.
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
20a' day of December 2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
x
X
XM
xs
X
X
ABSTAIN ABSENT
Georgeann danna, CM ity Clerk
The foregoing Resolution is hereby approved this 20a' day of December 201
Approved as to form:
Gary D. Saenz, City Attorney
By:
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R. Carey Davi ,Mayor
City of San Eyernardino