HomeMy WebLinkAbout12-Development Services ORIGINAL.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Approval of Final Map for Tentative
Parcel Map No. 17375 located on the
Dept: Development Services west side of I-215, north of Shandin
Hills Golf Course, south of University
Date: March 7, 2007 Parkway, and east of Cajon
Boulevard.
File No.: PM 17375 MCC Date: March 19, 2007
Synopsis of Previous Council Action:
None.
Recommended motion:
Approve Parcel Map No. 17375 and adopt resolutions.
Valerie C. Ross
Contact person: Lynn Parker, Sr. Civil Engineer Phone: Ext. 5110
Supporting data attached: Staff Report, Resolution, Map, Ward: 6
Petition, & Agreement
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct.Description)
Finance* / \
Council Notes: WESo Z 007 - (?-3
Agenda Item No.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect•
Approval of Final Map for Tentative Parcel Map No. 17375 located on the west side of I-215,
north of Shandin Hills Golf Course, south of University Parkway, and east of Cajon Boulevard.
Background:
On October 17, 2006, the Planning Commission approved Tentative Parcel Map No. 17375 to
divide approximately 143 acres into 7 parcels and two lettered lots located on the west side of I-
215, north of Shandin Hills Golf Course, south of University Parkway, and east of Cajon
Boulevard on the former Culligan site (Attachment A).
The tentative parcel map was filed in conjunction with Development Permit II Number 05-18.
The development permit addressed the issues of site development. The parcel map was filed for
the purpose of combining eight existing parcels and reconfiguring to create six parcels for
industrial development and four lettered parcels.
Lot C is the site of the University Parkway over-crossing of the BNSF railroad, and is being
offered to the City in fee simple. The construction of the over-crossing is a SANBAG project.
Maintenance of the landscaping within Lot C will be performed by the property owners'
association (POA), but will be included in a default landscape maintenance district (Attachment
B). There are use restrictions included in the offer of Lot C relating to the construction of
University Parkway. Those use restrictions are spelled out in the attached agreement. The use
restrictions are consistent with the intended use of the property (Attachment Q.
Lot D is a detention/retention basin for flood control purposes. It is being offered to the City of
San Bernardino as a drainage easement, but will be maintained by the property owners. The City
will establish a default landscape maintenance district (LMD) to maintain the basin if the POA
fails to maintain it adequately. The LMD formation process will be completed prior to the sale or
occupancy of any parcel.
There are no required public improvements associated with the Parcel Map, so no subdivision
agreement is required.
All conditions for map recordation have been satisfied.
Financial Impact:
None. The applicant has paid all processing fees.
Recommendation:
Approve Parcel Map No. 17375 and adopt resolutions.
Attachments:
"A" Parcel Map
"B" Use Restrictions Agreement
"C" Landscape Maintenance Agreement
2 03/07/07 3:05 PM
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1 C (DPY
2 RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AGREEMENT TO FORM A LANDSCAPE
4 MAINTENANCE DISTRICT WITH SE I-215, LP AND HSB I-215, LP, FOR THAT
5 CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF I-215,
NORTH OF SHANDIN HILLS GOLF COURSE, SOUTH OF UNIVERSITY PARKWAY,
6 AND EAST OF CAJON BOULEVARD.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
10 directed to execute on behalf of said City an Agreement and Petition of Property Owner Requesting
11 Formation of Landscape Maintenance District and Consent to the Levy of Special Assessments
12
Thereunder, with SE I-215, LP and HSB 1-215, LP, each a California Limited Partnership, and
13
14 Hillwood Enterprises, LP, a Texas Limited Partnership, for that certain real property generally
15 located on the west side of I-215,north of Shandin Hills Golf Course, south of University Parkway,
16 and east of Cajon Boulevard, attached hereto and incorporated herein as Attachment"B."
17 SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it
18 within sixty (60) days of the passage of the resolution.
19
20
21
22
23
24
25
26
27
28 w .'3h
03/15/2007 1
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
2 DIRECTING THE EXECUTION OF AGREEMENT TO FORM A LANDSCAPE
3 MAINTENANCE DISTRICT WITH SE I-215, LP AND HSB I-215, LP, FOR THAT
CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF I-215,
4 NORTH OF SHANDIN HILLS GOLF COURSE, SOUTH OF UNIVERSITY PARKWAY,
AND EAST OF CAJON BOULEVARD.
5
6
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof held on
9 the day of , 2007, by the following vote, to-wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11
ESTRADA
12
13 BAXTER
14 BRINKER
15 DERRY
16 KELLEY
17
JOHNSON
18
MCCAMMACK
19
20
City Clerk
21
22 The foregoing resolution is hereby approved this day of .52007.
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25
26 Approved as to form:
27 F.
es F. Penman /5���
28 ity Attorney
03/07/07 2
Recording Requested by ATTACHMENT "B"
And When Recorded Mail To:
City of San Bernardino
Development Services Department
Division of Public Works
Attn: City Engineer
300 North"D" Street
San Bernardino, California 92418
AGREEMENT AND
PETITION OF PROPERTY OWNER REQUESTING
FORMATION OF LANDSCAPE MAINTENANCE
DISTRICT AND CONSENT TO THE LEVY OF
SPECIAL ASSESSMENTS THEREUNDER
THIS AGREEMENT AND PETITION OF PROPERTY OWNER REQUESTING
FORMATION OF LANDSCAPE MAINTENANCE DISTRICT AND CONSENT TO THE LEVY
OF SPECIAL ASSESSMENTS THEREUNDER (this "Agreement") is dated as of March _, 2007,
and evidences the request of HSB I-215, L.P. and SE 1-215, L.P., each a California limited partnership,
and Hillwood Enterprises, L.P., a Texas limited partnership (collectively, "Owner"), the owner of the
property more fully described in Exhibit "A" attached hereto (the "Property"), for the Mayor and
Common Council of the City of San Bernardino (the "City"), to proceed without further notice to
Owner, and its successors and assigns, to form a special landscape maintenance assessment district for
the Property for the purposes set forth below in this Agreement.
OWNER HEREBY SUBMITS THIS AGREEMENT TO THE CITY AND DECLARES,
COVENANTS AND AGREES AS FOLLOWS:
Section 1. As used in this Agreement the words "Assessment District Areas" mean and refer to
the portions of the Property described as follows:
G) Lot C.
(ii) Lot D.
(iii) The 20-foot storm drain and access easement extending southeasterly from the most
easterly cul-de-sac at the end of Lot B to Lot D (together, the "Storm Drain Easement Area").
(iv) Lot C, Lot D and the Storm Drain Easement Area are shown on the copy of page 8 of
-1-
F:\EMPENO\Development Services\Landscape Maintenance-3-15-07 F[NAL.doc
Parcel Map No. 17375 that is part of the attached Exhibit A-1.
Owner is the property owner of Lot D and the Storm Drain Easement Area. The City is the
property owner of Lot C. The City joins in this Agreement for the sole purpose of evidencing its
consent to this Agreement for the purpose of the inclusion of Lot C as part of the Assessment District
Areas and shall have no obligation for the payment of any assessments referenced in this Agreement or
by the Landscape District (hereinafter defined). Owner has agreed to offer to dedicate Lot D to the
City together with the storm drain easements that carry storm water to Lot D as shown on Exhibit A-1.
Section 2. This Agreement is delivered to the City in accordance with the provisions of City of
San Bernardino Municipal Code Section 12.90.040 C.S., and other applicable law including, without
limitation, Streets and Highways Code Section 22500, et seq., in order to satisfy certain conditions of
the approval by the City for the development, improvement and use of the Property under City
Development Permit II No. 05-18, dated October 17, 2006, as the same relates to the formation a
landscape maintenance assessment district (D.P. II No. 05-18: Public Works Division Condition No.
2(c) and (w)) for the Property for the purpose of providing for the maintenance and servicing of public
landscaping improvements within the Assessment District Areas. The City accepts this Agreement in
full and complete satisfaction of DP II No. 05-18, Public Works Department Condition No. 2(w).
Section 3. (a) Owner for itself and its successors and assigns hereby requests the City to initiate
proceedings to form a landscape maintenance assessment district for the purposes set forth in Section
3(b) below (the "Landscape District") for the maintenance and servicing of public landscaping
improvements on the portion of the Property situated within the Assessment District Areas. The
Landscape District may only include the Assessment District Areas for the purposes set forth in
Section 3(b) below and the Property for the purposes of the levy and collection of the assessment as
may hereafter be ordered by the City under and subject to Section 4 below.
(b) Within the Assessment District Areas, the Landscape District and the special assessments as
may hereafter be levied by the City each fiscal year may provide for the following improvements:
(i) the maintenance and servicing by the City of any planting of landscaping within the
Assessment District Areas approved by the City and installed within the Assessment
District Areas by the owner of the Property in accordance with D.P. II No. 05-18. As
used herein, the words "maintenance and servicing" mean and refer to the furnishing of
services and materials for the ordinary and usual maintenance, operation of the
landscaping installed by any owner of the Property in the Assessment District Areas
including providing for the growth, health, cultivation, irrigation, trimming, spraying,
fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and
other solid waste and the cleaning, sandblasting and painting of walls and other
improvements to remove or cover graffiti; and
(ii) incidental costs associated with the maintenance and servicing described in
subparagraph (i), above, including the costs of preparation of engineering reports and
the collection of the assessment.
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(c) Owner for itself and its successors and assigns hereby waives its right to protest the formation
of the Landscape District and further waives any right to object to the performance by the City of any
of the maintenance or furnishing of services described in Section 3(b) under City Municipal Code
Section 12.90, et seq., or other applicable law, subject to the provisions of Section 4 below. Owner for
itself and its successors and assigns hereby waives any requirement for giving or receipt of notice from
the City with respect to the formation of the Landscape District or, except as provided in Section 4(ii),
the ordering or performance of any maintenance or furnishing of services in the Assessment District
Areas described in Section 3(b).
Section 4. Owner for itself and its successors and assigns hereby waives right to protest the
amount of any assessment which may hereafter be levied by the City on the Property for the Landscape
District under City Municipal Code Section 12.90, et seq., or other applicable law including, without
limitation, Streets and Highways Code Section 22620, et seq., in any year for the performance by the
City of any maintenance or services in the Assessment District Areas, and hereby consents to the levy
of a special assessment on the Property therefor, subject to the following conditions:
(i) the City shall have completed the formation of the Landscape District as evidenced by
the recordation of an assessment district boundary map which conforms with this
Agreement and the requirements of Streets and Highways Code Section 3111 or filed a
resolution confirming the formation of such Landscape District and assessment under
other applicable law, including, without limitation, Streets and Highways Code Section
22641;
(ii) pursuant to a Default Assessment Agreement by and between the City and Owner in
such form as is typically used by the City, subject to City approval at its discretion, in
the event Owner or any then current owner of the Property shall have failed to perform
the maintenance or furnishing of services described in Section 3(b) within the
Assessment District Areas or any portion thereof following at least sixty (60) days prior
written notice from the City ordering Owner or the then current owners of the Property
to perform the maintenance or furnishing of services described in such notice (subject to
prudent seasonal planting practices); and
(iii) the amount of the assessment levied by the City for maintenance or furnishing of
services it may perform under subparagraph (ii), above, shall not exceed the lesser of:
(A) the actual costs paid by the City for the performance of such maintenance and
servicing, plus a reasonable administrative charge; or: (B) Fifty Cents ($0.50)
multiplied by the number of square feet within the Assessment District Areas on which
the City performed the maintenance or furnishing of services described in the notice,
adjusted as of July 1 of each year following the recordation of this Agreement by an
amount equal to the change (if any) over the twelve (12) months preceding the last such
adjustment in the Consumer Price Index (all items) all urban consumers (with a base
1982 = 100) for the San Bernardino-Riverside metropolitan areas as published by the
United States Department of Labor, Business of Labor Statistics.
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Section 5. Owner for itself and its successors and assigns hereby acknowledges and consents to
the collection of any special assessments as may hereafter be levied by the City under Section 4, at the
same time and in the same manner as county property taxes are collected and all the laws providing for
the collection and enforcement of county property taxes shall apply to the collection and enforcement
of any such assessments
Section 6. This Agreement shall not be withdrawn. modified or amended by the owner of the
Property without the prior written consent of the City, which consent the City may grant or withhold in
its sole and absolute discretion and such consent of the City shall be evidenced by an instrument in
recordable form.
THIS AGREEMENT has been executed by the authorized officers of Owner and the City on the date
indicated next to the signatures of each of them.
CITY:
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Patrick J. Morris, Mayor
Date: March , 2007
Approved as to Form:
es F. Penman,
ty Attorney
Date: March , 2007
(Signatures continued on the following page.)
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OWNER:
HSB I-215, L.P.,
a California limited partnership
By: HSB GP, LLC,
a California limited liability company,
Its general partner
By: HGI GP, LLC,
a Texas limited liability company,
its sole member
By: HGI Group, L.P.,
a Texas limited partnership,
its sole member
By: Hillwood Associates, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its general partner
By:
Name:
Title:
Date: March , 2007
(Signatures continued on the following page.)
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SE I-215, L.P.,
a California limited partnership
By: HSB GP, LLC,
a California limited liability company,
Its general partner
By: HGI GP, LLC,
a Texas limited liability company, its sole member
By: HGI Group, L.P.,
a Texas limited partnership, its sole member
By: Hillwood Associates, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its general partner
By:
Name:
Title:
Date: March , 2007
HILLWOOD ENTERPRISES, L.P.,
a Texas limited partnership
I By: AHB, LLC,
a Texas limited liability company,
its general partner
1
By:
Name:
Title:
Date:
-6-
EXHIBIT A
Parcels 1, 2, 3, 4, 5 and 6 of the property that is the subject of City of San Bernardino Parcel
Map No. 17375 recorded at , Official Records, San Bernardino County, California. A
copy of Page 8 of Parcel Map No. 17375 showing Lot C, Lot D and the Storm Drain Easement Area is
attached as Exhibit A-1.
il
Exhibit A
EXHIBIT A-1
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COPY
RESOLUTION NO.
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF PUBLIC RIGHT OF WAY USE RESTRICTION
4 AGREEMENT WITH HILLWOOD ENTERPRISES, LP, FOR THAT CERTAIN REAL
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF I-215, NORTH OF
5 SHANDIN HILLS GOLF COURSE, SOUTH OF UNIVERSITY PARKWAY, AND EAST
6 OF CAJON BOULEVARD.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
10 directed to execute on behalf of said City the 2007 Public Right of Way Use Restriction Agreement
11 by and between the City and SE I-215, LP and HSB I-215, LP, each a California Limited
12 Partnership, and Hillwood Enterprises, LP, a Texas Limited Partnership, for that certain real
13
property generally located on the west side of 1-215, north of Shandin Hills Golf Course, south of
14
15 University Parkway, and east of Cajon Boulevard, attached hereto and incorporated herein as
16 Attachment"C."
17 SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it
18 within sixty (60) days of the passage of the resolution.
19
20
21
22
23
24
25
26
27
28 A/0
03/15/2007
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
2 DIRECTING THE EXECUTION OF PUBLIC RIGHT OF WAY USE RESTRICTION
3 AGREEMENT WITH HILLWOOD ENTERPRISES, LP, FOR THAT CERTAIN REAL
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF I-215, NORTH OF
4 SHANDIN HILLS GOLF COURSE, SOUTH OF UNIVERSITY PARKWAY, AND EAST
OF CAJON BOULEVARD.
5
6
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof held
9 on the day of , 2007, by the following vote, to-wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11
ESTRADA
12
13 BAXTER
14 BRINKER
15 DERRY
16 KELLEY
17
JOHNSON
18
MCCAMMACK
19
20
City Clerk
21
22 The foregoing resolution is hereby approved this day of , 2007.
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25
26 Ap roved as to form:
27 P6k"T"" -
es F. Penman
28 (ri
Attorney
03/07/07 2
RECORDING REQUESTED BY AND ATTACHMENT "C"
WHEN RECORDED MAIL TO:
CITY OF SAN BERNARDINO,
CALIFORNIA
300 North "D" Street, Sixth Floor
Office of the City Attorney
San Bernardino, California 92408
Attention: Mr. James F. Penman, City Attorney
(Space Above Line for Use By Recorder)
Recording Fee Exempt Pursuant to Government Code Section 6103
2007
PUBLIC RIGHT-OF-WAY
USE RESTRICTION AGREEMENT
BY AND BETWEEN
CITY OF SAN BERNARDINO, CALIFORNIA
AND
HILLWOOD ENTERPRISES, LP,
A TEXAS LIMITED PARTNERSHIP
1
F:\EMPENO\Development Services\Use Restriction Agmt-3-15-07 Final Ldoc
2007
PUBLIC RIGHT-OF-WAY
USE RESTRICTION AGREEMENT
This Public Right-of-Way Use Restriction Agreement is entered into as of this _ day of
March, 2007 (this "Agreement"), and is by and between the City of San Bernardino, California, a
charter city duly organized and existing pursuant to the Constitution of the State of California
(the "City"), and SE I-215, L.P., a California limited partnership, HSB 1-215, L.P., a California
limited partnership and Hillwood Enterprises, LP, a Texas limited partnership (collectively
"Hillwood"), with respect to the following facts and commitments as set forth below:
RECITALS
WHEREAS, Hillwood and the Redevelopment Agency of the City of San Bernardino
(the "Agency") have entered into that certain Disposition and Development Agreement dated as
of September 18, 2006 (the "DDA"), which DDA provides, in addition to other matters, for the
exchange of parcels by and between Hillwood and Agency to accomplish the development of the
property as identified in the DDA; and
WHEREAS, Section 2.02(b)(vi)A., B. and C. of the DDA contains certain use restrictions
which the Agency seeks to have imposed by the City in connection with the recordation of the
final version of the Parcel Map No. 17375 (the "Parcel Map") by Hillwood which use restrictions
shall be with respect to Lot C as identified in the Parcel Map and as referenced in the DDA; and
WHEREAS, the Agency intends to transfer Parcel 8 to Hillwood prior to the recordation
of the Parcel Map subject to the requirements of the DDA that Hillwood shall file or cause to be
filed for record the final version of the Parcel Map in the manner as contemplated by the DDA;
and
WHEREAS, the DDA provides that Lot C, as described in the legal description and map
as attached hereto as Exhibit "A", shall be transferred to the Agency in accordance with the
DDA, and the Agency and Hillwood have acknowledged that a transfer to the City of Lot C
pursuant to the Parcel Map in lieu of any similar transfer to the Agency will satisfy the
conditions as contained in the DDA; and
WHEREAS, the City and Hillwood seek to enter into this Agreement to accomplish the
final recordation of the Parcel Map and to satisfy the requisite conditions of the DDA.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COMMITMENTS AS CONTAINED IN THIS AGREEMENT, THE CITY AND HILLWOOD
DO HEREBY AGREE, AS FOLLOWS:
Section 1. The Recitals as contained herein are accurate and correct in all respects.
2
Section 2. Hillwood acknowledges and agrees that pursuant to and simultaneously with
the recordation of the final Parcel Map, Lot C as identified on the Parcel Map shall be transferred
in fee title to the City for purposes of a municipal public street right-of-way for the construction
and installation and maintaining of all utilities, landscaping and rights of access by the general
public through the designated roadway portions of Lot C. Hillwood further acknowledges and
agrees that portions of Lot C will have restricted access for emergency purposes in furtherance of
the public health, safety and welfare and for law enforcement purposes, in addition to the
following specified permitted uses by the enumerated entities and similar types of public uses:
(i) the City, and all departments and agencies of the City, including, but not limited to, the Fire
Department, Police Department and the City of San Bernardino Municipal Water Department;
(ii) the County of San Bernardino for access to County properties in the vicinity of Lot C
including properties owned and maintained by the County Flood Control District; (iii) the San
Bernardino Associated Governments ("SANBAG") for access to all bridges, abutments,
roadways, landscaped areas, construction easements and embankments as necessary presently or
at anytime in the future for access to, repair and maintenance of or reconstruction of the grade
separation crossing to be constructed by SANBAG upon a portion of Lot C; (iv) all private and
public utility purveyors having existing easements or are granted easements in the future by the
City in all or any portion of Lot C whether or not within the designated roadway; and (v) the
BNSF Railroad and any and all successors in interest to said Railroad then maintaining or
operating a railroad right-of-way westerly of Lot C for purposes of access to such railroad right-
of-way for construction, inspection and maintenance purposes but excluding the installation of
any operating railroad right-of-way within Lot C.
Section 3. The DDA contains in Section 2.02(b)(iv)A., B. and C. substantially the
following restrictions upon the use of Lot C which shall be operative for all purposes of this
Agreement in the form as provided herein with such restrictions being hereby imposed on Lot C:
A. The City upon acceptance of the dedication of and title to Lot C,
and at all times thereafter, shall use Lot C only for the purposes of constructing, operating and
maintaining the roadway and other improvements generally described and shown on the attached
Exhibit `B" as attached to the DDA (which is Exhibit "B" to this Agreement), with such
modifications thereof as the City determines appropriate for the contemplated grade separation
crossing of University Parkway over the BNSF Railroad right-of-way line, the curb-out for the
street providing access to the remainder of the property identified in the Parcel Map, the
provision of a route for utilities to serve the properties identified in the Parcel Map and for the
City Fire Department to gain emergency access to all such properties within the Parcel Map, and
access for all other public agencies and other public utility companies as determined appropriate
by the City and access for the BNSF Railroad for purposes of access to the BNSF railroad line
(collectively, the"Lot C Roadway Improvements").
B. Prior to the completion and opening to public use of the Lot C
Roadway Improvements, the City shall use reasonable efforts to provide access by Hillwood and
its successors assigns and tenants to the properties identified in the Parcel Map during
construction activities by SANBAG on Lot C and westerly thereof from either University
3
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Parkway or Lot C as the City shall determine and as the same may be modified from time-to-
time during such period of construction activities on Lot C.
C. The City, during the construction of the Lot C Roadway
Improvements by SANBAG, shall undertake reasonable efforts to plan and pursue such
construction so that vehicular access to the properties identified in the Parcel Map is reasonably
available from University Parkway to the extent possible under the circumstances which access
routes may be modified or changed by the City from time-to-time.
Section 4. Hillwood and the City shall reasonably cooperate with the Agency to
effectuate any amendments or modifications to the restrictions contained in Section 2 and/or
Section 3 hereof for the purpose of implementing the intent of the DDA and to modify or amend,
if and to the extent necessary, the precise language of the herein set forth restrictions and use
provisions provided that the substance and purposes of such provisions are not diminished from
that which was intended by the DDA as the parties to this Agreement shall reasonably determine.
Section 5. Any enforcement of this Agreement shall be in the manner and subject to the
rights of the parties pursuant to the DDA. The City shall be entitled to exercise all rights and
remedies available to the Agency pursuant to the DDA in the enforcement of any and all
requirements of this Agreement for those matters to be undertaken by Hillwood without any
liability to the Agency. The City consents to enforcement by Hillwood in accordance with the
rights and remedies available to Hillwood pursuant to the DDA as to the City without any
liability to the Agency. The Agency shall have only those rights and remedies as provided in the
DDA for the matters as set forth therein, and the Agency is not a party to this Agreement nor
shall the Agency have any liability or responsibility whatsoever under this Agreement.
Section 6. This Agreement shall be effective from and after the date of approval and
execution by the parties hereto and shall remain in full force and effect from and after said date
until amended, modified or otherwise changed with the written consent of the parties or their
successors in interest. The parties agree that the City may rescind this Agreement if at anytime
in the future either (i) Lot C is not then reasonably required for public roadway purposes whether
by SANBAG or the City and alternative public access has been provided to the properties
identified on the Parcel Map, or (ii) the entirety of the properties identified in the Parcel Map
have been acquired by a governmental agency for a public purpose whether through a proceeding
in eminent domain or otherwise and said properties will thereafter not be used for private
development purposes. This Agreement is binding on and shall inure to the benefit of the parties
hereto and their successors and assigns.
4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth in the introductory paragraph hereof by the signatures of their duly authorized
representatives.
CITY OF SAN BERNARDINO,
CALIFORNIA
By:
Patrick J. Morris, Mayor
(SEAL)
ATTEST:
By;
Rachel Clark, City Clerk
APPROVED AS TO FORM:
By
Penman, City Attorney
SE I-215,L.P.,
a California limited partnership
Bv: HSB GP, LLC,
a California limited liability company,
Its general partner
By: HGI GP, LLC,
a Texas limited liability company, its sole member
By: HGI Group, L.P.,
a Texas limited partnership, its sole member
By: Hillwood Associates, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its general partner
By:
Name:
Title:
5
F:\EMPENO\Development Services\Use Restriction Agmt-3-15-07 Finall.doc
i
HSB I-215,L.P.,
a California limited partnership
By: HSB GP, LLC,
a California limited liability company,
Its general partner
By: HGI GP, LLC,
a Texas limited liability company,
its sole member
By: HGI Group, L.P.,
a Texas limited partnership,
its sole member
By: Hillwood Associates, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its general partner
By:
Name:
Title:
HILLWOOD ENTERPRISES, L.P.,
a Texas limited partnership
By: AHB, LLC,
a Texas limited liability company,
its general partner
By:
Name:
Title:
• 6
EXHIBIT "A"
LEGAL DESCRIPTION AND
MAP OF LOT C
OF PARCEL MAP NO. 17375
Lot C as shown on City of San Bernardino, California Parcel Map No. 17375 recorded at
in the official Records of San Bernardino County, California.
7
FAEMPEWDevelopment Services\Use Restriction Agmt-3-15-07 Finall.doc
EXHIBIT A-1
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EXHIBIT "B"
LOT C ROADWAY IMPROVEMENTS
The Following proposed improvements on Lot C (as generally shown on the attached
Exhibit "B-1"):
Interim street improvements prior to construction of the ultimate overpass consisting of
forty (40) foot A.C. pavement, A.C. berms and required graded transition slopes.
Installation of water line and dry utilities extending from the ultimate project entry street,
across the exchange parcel, to the existing utilities located in the right-of-way for University
Parkway.
Twenty-six (26) foot wide fire department emergency access road with fencing and gates as
required by the fire department.
8
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