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HomeMy WebLinkAbout20-Public Works . CITY OF SAN BERNA.QINO - File No. 14.40-80 REQUEST FOOCOUNCIL ACTION FroOROGER G. HARDGRAVE D~: public Works/Engineering DlIt8: 11-14-90 Subj8ct: Authorization to Execute School Fee Mitigation Agreement -- Payment of School Impaction Fees by Mello- Roos community Facilities District No. 995 -- Monnig Develop- ment, Inc. Synopsis of Previous Council action: 04-16-90 Adopted Resolution of Intention to establish District No. 995. 06..18-90 Adopted Resolution forming the District. 07..02-,90 Adopted Resolutions confirming election results and validating Ordinance MC-735. 07-16-90 Adopted Ordinance MC-735 authorizing levy of Special Tax. Recommended motion: o Adopt resolution. cc: Shauna Edwins Andrew Green Jim Penman Craig Graves //" fJ1t ,J / fl.,.. -.....,,/ zt: ..~J~/:' ". /' /' ~/'I'" ( nat e Contact person: Supporting dllt8 attaChed: Verne Nadeau Staff Report, Agreement & Resolution Phone: 5026 Ward: 5 FUNDING REQUIREMENTS: Amount: $435,728.00 Source: (Acct. No.1 251-673-53925 (Acct. Descriotionl Verdemont Area Communities To be paid from assessments. Finance: (~ :Jj,.., Facili- c:Jties District. Council Notes: Agenda Item No -Zo CITY OF SAN BERNA.iINO - REQUEST FO"COUNCIL ACTION o o o STAFF REPORT The Mello-Roos community Facilities District was established at the request of 4 subdividers, in order to finance their Verdemont Area Infrastructure Fee. School Impaction Fees were also included in the Mello-Roos District. . payment of school fees through the Mello-Roos District would allow the funds to go directly to the School District instead of through Sacramento. However, the funds financed through the Mello-Roos District have to equal at least 50% of the total cost for school facilities in the area. This require- ment resulted in the subdividers paying slightly more than the $1.58 per square foot set forth by State law. The proposed Agreement is with Monnig Development, Inc. Similar agreements will also be needed with the other 3 property owners. The Agreement provides, in general, that the fees to be paid through the Mello-Roos Assessment District will satisfy all school facility requirements, and that the School District will not impose any additional requirements or oppose development of Tracts No. 14260, 14261 and 14193. The total amount of fees to be paid to the School District for those three tracts is $435,728.00. Section 3.3 of the Agreement provides that the funds shall be used for school facilities within the Verdemont Area. The School District's position is that building permits for these two tracts cannot be issued until the fees are paid from the bond proceeds. The Agreement has been executed by the School District and Monnig Development, Inc. We recommend that the Agreement be approved. 11-14-90 o o . o o RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED 3 SCHOOL DISTRICT, COMMUNITY FACILITIES DISTRICT NO. 995 AND MONNIG DEVELOPMENT, INC., A CALIFORNIA CORPORATION IN CONNECTION WITH 4 THE MITIGATION OF SCHOOL FEES. 5 6 7 8 9 10 11 12 13 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute, on behalf of said City, an Agreement for School Fee Mitigation with the City Unified School District and Monnig Development, Inc. , California corporation, behalf of on a Community Facilities District No. 995, copy of which is a attached hereto marked Exhibit "A," and incorporated herein by reference as fully as though set forth at length. SECTION 2. This resolution is rescinded if the parties to the Agreement for Mitigation of School Fees is not executed 15 days of the passage of this resolution. within sixty (60) 16 17 / / / / 18 / / / / 19 / / / / 20 / / / / 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 0 26 / / / / / / / / 27 28 / / / / 11-14-90 --.. --- o o o RESO: & li JL AUTHORI~G EXECUTION OF AN AGREEMENT WITH MU~~~~ DEVELOPWJT, INC. RELATING TO P~NT OF SCHOOL FEES. .li 1 I HEREBY CERTIFY that the foregoing resolution was duly and Common Council of the City of San 2 adopted by the Mayor 3 Bernardino at a 4 _day of 5 Council Members: 6 ESTRADA 7 REILLY 8 FLORES 9 MAUDSLEY 10 MINOR meeting thereof, held on the , 1990, by the. following vote, to-wit: ~ ~ ABSTAIN 11 POPE-LUDLAM 12 13 14 15 16 17 18 MILLER City Clerk The foregoing resolution is hereby approved this day of , 1990. w. R. Holcomb, Mayor ci ty of San Bernardino 19 Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 1l........Jnlll. . 23 /JV~ ___V 24 25 26 27 28 11-14-90 - 2 - o o o o o ; - SCHOOL FEE KITIGATION AGIIIUnfllMT 1. PARTIES AND DATE THIS SCHOOL FEE KITlGATION AGREEMENT is made and entered into this dey of November, 1990, by and among the SAN BERNARDINO -CITY UNIFIED SCHoo~ DISTRICT (hereinafter the "District"), a school district organized and existing under the laws of the State of California (the "State"), and KONNIG DEVELOPKENT, INC., GENERAL PARTNER OF ONE FIFTY LlKITED PARTNERSHIP, a California limited partnership and ONE FORTY SEVEN LIKITED PARTNERSHIP, a California limited partnership (the "Landowner"), which owns property or is representing the owner of property within the boundaries of the CFD; 2. RECITALS 2.1 The Landowner is the owner or representative of the owner of the undeveloped property described in Exhibit "A" hereto (the "Property") situated within the boundaries of the CFD which the Landowner proposes to develop for various land uses; and 2.2 The City of San Bernardino (the "City") has undertaken proceedings to form the CFD pursuant to the Kello-Roos COlllllunity Facilities Act of 1982, as amended (the "Act"), to fund certain public facilities and to pay certain fees necessary to the development of the Property, including the payment of certain fees to the District; and 2.3 The District and the Landowner have agreed upon the payment of certain fees from the proceeds of bonds proposed to be issued by the CFD in full satisfaction of the Landowner's obligation with respect to the impact of the development of the Property on school facilities of the District which are represented by the fees described in this Agreement; and NOll, THEREFORE, in consideration of the mutual covenants contained herein, the District, the CFD, and the Landowner, do hereby agree as follows: 3. T1t1tHS AND COND:ITIONS 3.1 Definitions "Act" means the Kello-Roos COlllllunity Facilities Act of 1982, as amended, set forth at Title 5 (commencing with Section 53311), Division 2, Chapter 2.5 of the Government Code of the State. "Bonds" means the bonds of the CFD proposed to be issued to fund certain fees and public facilities necessary for the development of the Property. "Developments" means the development projects to be constructed by Landowner on the Property as described in Exhibit C, the impact of which on the need for school facilities is to be mitigated by this Agreement. "Fees" means those schools listed in Exhibit "B" hereto and those fees which are normally charged by the District to a landowner pursuant to ~ ill - o o o Goverument Code Sections 53080 or 65995 upon recordation of final subdivision map or application for a building permit for development of property vithin the District. "Mayor and Co_on Council" means the Mayor and Common Council of the City. 3.2 Satisfaction of ObliaatioD The District agrees that facilities capacity created by the Fees contemplated to be paid from the proce.d. of bonds proposed to be i..ued by the crn as contemplated by this Aqreement vill sati.fy all .chool facility requirements for the Developments to be constructed by Landowner. By the payment of the Fees in the amounts and under the terms and conditions described in Exhibit "B" hereto, the Landowner, and it. re.pective succe..or. and as.igns, .hall be d..med to bev. fulfill.d and .ati.fi.d it. entire obligation to assist in financing .chool facilities to ..rve the student population to be generated by development of the Property vith the Developments. ~ a result, the District 'and the crn ber.by each cov.nant that .ach of them will not und.r any circum.tanc.. at any time: o ea) exercise any pover or authority (under Section 53080 of the California Goverument Code or any other provi.ion of applicabl. law) to l.vy a fee, charge dedication, or other form of requ1r...nt against the Developments undertaken on the Property for the purpo.e of funding or financing any .chool facilities to .erve the Developments; provided, hoVever, that this subsection (a) shall not exelllpt the Property from the levying of ad valorem real property taxes or from liability for future general obligation bonds or other taxes levied pursuant to a vote of the .lector. re.iding therein. (b) r.quire the County of San Bernardino (the "County"), or any other goverumental entity, in the exercis., of, the pover under Titl. 7, Division 1, Chapter 40.7 of the California Gover_nt Code (c_ncing with Section 65970) or any other provi.ion of applicabl. 1... to require the dedication of land, the payment of f.es in li.u ther.of. or both. for classroom or relat.d facilities for el...ntary, middl. or high schOOls as a condition to the approval of the Development. on the Property; provided, however, that this subsection (b) shall not exempt the Prop.rty from the levying of ad valorem real property tax.. or from liability for future general obligation bonds or other taxes levied pursuant to a vote of the electors re.iding therein. (c) Oppo.e construction of the Developments on the Property.on.;the ba.is of inadequate school faciliti.. or ...k other form. of mitigationjv~th respect to the adequacy of .chool facilities to serve the D.velopme.~~i including, but not limited to. the establi.hMnt of developer .f.....:.:~t payment of money by the Landowner, the dedication of land, or.the ~1.i,!;~~~on of an as....ment or requir_nt of any nature aqainat the Land0vn8r;~or~thet. . . .~.,....,. Property permitted by pre.ent or future State of California 1.... rullJW.~' regulation. and court deci.ions if the proc..de of .uch a..e....nt or . . requirem.nt will be u..d to financ. or fund any .chool faciliti.. to ..rve o 2 386lm5 o o o '. o o tbe Developments: provided bo_ver, that this sllbsecUon (c) sball !lOt ezempt the Property fr_ the levyinq of ad valorem real property tues or fr_ liability for future general obligation bonds or other tues levied pursuant to a vote of the electors residing therein. 3.3 Use of Proceeds by School District. The School District agrees that tbe funds from the proceeds of bonds to be issued by the crn shall be used for scbool facilities and school site acquisition within the VerdelllOnt area as approved by the Office of Local Assistance, which such facilities and site ecquisition are of be~efit to the land and development projects charged for repayment of said bonds. 4. KISCELLJ,1IRntIS Successors All of the covenants, stipulations, promises, and contained in this Aqree_nt by or on behalf of, or for the benefit the parties hereto, sball bind or insure to the benefit of the of the respective parties. 4.1 agreements of, any of successors 4.2 Amendment This Aqre.-nt sball be Slll8nded only by a written instrument ezecuted by the parties bereto or their successors. 4.3 Severabilitv If any provision of this Aqreement sball be beld to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions bereof shall not in any way be affected or impaired thereby. 4.4 Entire ADreement This Aqreement supersedes and cancels any and all other agreements, either oral or written, bet_en the parties with respect to the sllbject matter herein. Each party to this Aqree_nt aclUlowledges that no representation by any party Which is !lOt embodied herein or in any other agreement, state_nt, or promise not contained in this Aqree_nt shall be valid and binding. The parties hereto agree to act in a manner which will not frustrate the purposes of this Aqree_nt. 4.5 Governina Law Tbis Aqreement shall be governed by and construed in accordance witb the laws of the State of California. 4.6 Execution This Agreement may be ezecuted in several counterparts each of wbich shall be an original and all of wbicb sball constitute but one and the same agreement. 4.7 Attachments: The following ezbibits are attacbed to this Aqree_nt and incorporated berein by reference: Ezhibit A _ Legal Description of Property Ezhibit B _ Description of Facilities Ezhibit C _ Description of Developments by Landowner Exhibit D _ Special Tu Rate and Method of Apportionment 3 38611115 o o o o , 11. - ~ o , IN WITNESS WBEIlEOF. the parties hereto have executed this School Fee Kitigation Agreellent on the day and year first above written. ATTEST: SAN BERNAlUlINO CITY UNIFIED SCHOOL DISTRICT BY~ ~--VV""- of the Board of Education ATTEST: By: Clerk of the City of S~ Bernardino, Ex Officio the Legislative Body of Community Facilities District No. 995 (Verdellont Area) COKKUNITY FACILITIES DISTRICT NO. 995 (VERDEKONT AREA) Kayor of the City of San Bernardino, Ex Officio the Legislative Body of Community Facilities District No. 995 (Verdellont Area) HONNIG DEVELOPKENT. INC.. GENERAL PARTNER OF ONE FlFrY UKITED PARTNERSHIP AND ONE FOR.TY SEVEN UKITED PARTNERSHIP (Landowner) ~~~: J.-;~JL~' tL , 4 . II J. ~ o o o EXHZBX-r IIA" LEGAL DBSCRl:P'.rl:ONS TRACT 14260 TBB SOUTBBUT QUARTBll 01' LOTS 2 UD .. l:NCLUSl:VB, BLOClt 60, ACCORDl:BG TO PLAT 01' TOO 01' IBVDIGTIOB LU1D ,UD nTEll COXPUY, AS PO PLAT BCORDED D BOOlt 3 01' BPS, PAGB " BCORDS 01' SAID COUII'fY I UD 'fDT PORTIOR 01' LOT 1, BLOClt 60, ACCORDIBG TO 'fIIB PLAT 01' 'fJIB TOn 01' l:llVl:BGTOB, UD TBB LU1D 01' IBVDIGTOB LU1D UDl n.,.a coKPUY, AS PBR PLAT BCORDED l:N BOOlt 3 01': DP8,~ " BCORDS 01' SAID COUII'fY, LYIJlG SQU'lIl 01' 'fJIB BO~'IBJlLY Ll:BB 01' lIUSCUPl:ABB RABCBO, AS 8B01III OR DP 01' S~.v.I'~B BY GEORGB B. PBItIlDl, UPIlOVBD BY 'fJIB UBITBD STATES S1JJlVBYOll GBBBRAL I'OR CALl:I'OUD OB JUBB 24,18'8. COURTY 01' SAN BBRDllDDIO, STATE 01' CALII'ODlU. TRACT 14261 o TBB SQuTAw..ST QUOTBll 01' LOTS 2 UD .. IBCLUSl:VB, BLQClt I 60, ACCORDIBG TO PLAT 01' TOO 01' IBVDIGTOB ~~~"'fB1l COKPUY, AS PBll PLAT BCORDED IB BOOlt ,3 OI'~JI~"P~':', BCORDS 01' SAID COUII'fYI UD 'fDT PORTIOB~";"I.Q:r:.,1,!~J.Aclt 60, ACCORDl:NG TO TBB PLAT 01' TBB 'f01III OI',;~";,:~;PD TBB LU1D 01' l:llVl:BGTOB LU1D UD nTEll COKP~:,t(~~_I~T llBCORDBD l:N BOOlt 3 01' DP8 PAn " B~~f.()lli\WD , COUII'fY, LYl:BG SOU'lll 01' 'fJIB JIOR'IJIBAS'fBll,JoY.' .,L%)P.lt::OI' lIUSCUPl:DB RABCBO, AS 8B01III OB DP 01' Su..vat' ~B;;BY GEORGB B. PBIl1U:B, APPItOVBD BY 'fJIB UBITBD STATES S1JJlVBYOll GBBBRAL I'OIl CALII'OUD OB JUBB 24, 1898. COUII'fY OI'SAN BBDlDDIBO, STATE 01' CALII'OUD. 'tRACT 14193 PARCEL 1 TBB BOll'tBBUT QUARTEll 01' BLOClt 55, 01' l:IlVl:N!JTOB ~;'UD nTEll COIlPANY' S SUBDIVISIOB, D TBB co1JJitU,;['o,iitrSiit BBllDVJ>l:BO, STATE 01' CALl:I'OUD, ACC01tDDt.Ci!~~f\li~T TBBBOI' BCORDBD l:B BOOlt 3 01' BPS, PAD " BCORDS~' 01' SAID COURTY. ' , PARCEL 2 ,. o 'to BOllTB1lBSTBllLY QUOTER 01' BLOClt 55, 01' l:llnBGTOB LU1D UD n'tBll COKOPUY, AS UR PLAT llBooRDBD IB BOOlt 3 01' MAPS, PAGB " BooRDS 01' SAID ooUII'fY. I I' f- o o o - - J. o EXJ[[Brr -B- o The District's alternatives for'use of the proceeds from the community Facilities District are a function of the availability of funds from the state School Building PrOc;Jru. Alternatives include the following: 1) The'District owns a ten'acre elementary school site near the corner of Palm and Belmont Avenues in San Bernardino, california. Plans and specifications for the project are currently under review by the Office of the state Architect. The District could pledge the proceeds from the CFD as a 50' of the project. The state's ability to fund 50' is dependent on available state School Bond funds from the upcoming November 1990 Bond election. 2) If the state is unable to fund 50' of the project from the November 1990 BondS, the District may elect to wait until such time as state funds are available. In this case the CPD funds would be unused for an indefinite period. 3) If the State is unable to fund 50' of the project, the District may elect to pursue a number of other options including: a) acquisition of a site or sites for future construction of school facilities b) acquisition and placement of portable classrooms on District-owned land and or existing school sites c) purchase of furniture and equipment for acquired portable classrooms These options will be presented to the Board of Education of the San Bernardino city Unified School District for a decision before any funds are expended. #bondele ~ .L - ~ .- o o o BDXBXT "C" DBVBLOPIODI'J! DIISCRXP'1!XON TDC'l! 14260 .XLL COBSXST OJ' 24 UBGLB J'UJ:LY BOllES RPGXBG !'ROM 1495 SQUAU OIlT TO 2250 SQUAU OIlT. TDC'l! 14260 Wl:LL COBUST OJ' 24 SDlGLB J'UJ:LY BOllES RPGXBG J'ROK 1495 SQUAU nIIT TO 2250 SQUAU J'llIIT. '.meT 14193 Wl:LL COBSIST OJ' 75 SDlGLB J'UJ:LY BOllES RPGIBG !'ROM 1495 SQUAllII OIlT TO 2250 SQUAU J'llIIT. '. o o