HomeMy WebLinkAbout2019-321Resolution No. 2019-321
RESOLUTION NO. 2019-321
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, THE
DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
("DIF AGREEMENT") WITH CH REALTY VIII/I SAN
BERNARDINO WATERMAN, L.P ('CH—), IN
RECOGNITION OF CH'S CONSTRUCTION OF PUBLIC
IMPROVEMENTS WHICH WILL BENEFIT THE CITY'S
LOCAL AND REGIONAL CIRCULATION SYSTEM AND
INCREASE TRAFFIC SAFETY THROUGHOUT THE
AREA
WHEREAS, CH Realty VIIUI San Bernardino Waterman, L.P., A Delaware Limited
Partnership„ ("Developer") owns 59.61 Net acres of real property located within the CITY
which is more specifically described in the legal description set forth in Exhibit "A", attached
hereto and incorporated herein by this reference ("Property"); and
WHEREAS, DEVELOPER has obtained from CITY certain entitlements and/or permits
for the construction of improvements on the Property, which are more particularly described as
The Waterman South and East Distribution Center(s) and the Washington Commerce Center(s) —
East and West ("Project"); and
WHEREAS, CITY requires DEVELOPER to pay certain development impact fees for
the purpose of defraying all or a portion of the cost of public improvements, public services, and
community amenities related to the Project ("DIF"); and
WHEREAS, section 3.27.140 of the San Bernardino Municipal Code authorizes the
CITY to issue DIF credits to a DEVELOPER who constructs or donates certain public
improvements to reduce their DIF obligation; and
WHEREAS, section 3.27.150 of the San Bernardino Municipal Code authorizes the
CITY to reimburse a DEVELOPER who constructs public improvements that, among other
things, benefits the public generally rather than Developer's property; and
WHEREAS, DEVELOPER desires to construct certain public improvements that would
be funded by the DIF Program ("DIF Improvements") and obtain DIF credits or reimbursements
from the CITY; and
WHEREAS, CITY and DEVELOPER now desire to enter into this Agreement for the
following purposes: (1) to provide for the timely delivery of the DIF Improvements, (2) to ensure
that delivery of the DIF Improvements is undertaken as if the DIF Improvements were
constructed under the direction and authority of the CITY, (3) to provide a means by which the
DEVELOPER's costs for project delivery of the DIF Improvements is offset against
DEVELOPER's obligation to pay the applicable DIF for the Project, and (4) to provide a means
for DEVELOPER to be reimbursed to the extent allowably under the San Bernardino Municipal
Code.
Resolution No. 2019-321
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized and directed to execute on behalf
of the City the Development Impact Fee Credit Agreement ("Agreement') attached hereto as
Exhibit `A' and incorporated herein by this reference as though set forth in full.
SECTION 3. The fee reimbursement to CH not to exceed the local and Regional
Circulation Fee Collector.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
Resolution No. 2019-321
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6a` day of November, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
r
Georgeann 10ma, MMC, Ofy Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-321
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-32 1, adopted at a regular meeting held at the 6th day of November, 2019 by
the following vote:
Council Members:
AYES NAYS ABSTAIN ABSENT
SANCHEZ
MARRA
FIGUEROA
SHORETT
X
NICKEL
X
RICHARD �C
MULVIHILL �1
WITNESS my hand and official seal of the City of San Bernardino this 6h day of November
2019.
C eorgeann Vanua, MMC, City Clerk