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HomeMy WebLinkAbout38-Water Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bernard C. Kersey, Member Management Committee Subject: PROPOSED DEFERRAL OF DEVELOPMENT FEES FOR SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT'S DEVELOPMENT OF A WATER RESERVOIR IN THE PHASE lA OF VISION 20/20 Dept: San Bernardino Regional Water Resources Authority ~ Date: May 31, 2001 0 Fi; Iv: I~:~' ~ L MICC Meeting Date: June 4, 2001 Synopsis of Previous Council Action: None Recommended Motion: That the City would enter into an agreement with the Authority wherein the City agrees to the deferral of the fees and the Authority would agree to pay the fees and permit costs when revenues from the project are available to cover them. Signature Contact person: Bernard C Kersey Phone: 384-5091 Supporting data attached: Yes Ward: Second FUNDING REQUIREMENTS: Amount: $124,580.00 Source: (Accl. No.) (Accl. Description) Finance: Council Notes: Agenda Item No. .:3 2 '--1/-0 I .. . ~ ' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Proposed Deferral of Development Fees for San Bernardino Valley Municipal Water District's Development ofa Water Reservoir in Phase lA area of the Vision 20/20 Project. Background: The City of San Bernardino entered into a joint exercise of powers agreement with San Bernardino Valley Municipal Water District and the Inland Valley Development Authority in 1998 to pursue the potential redevelopment of area located within the City by redeveloping such areas with a water resources project(s). Since the inception of the San Bernardino Regional Water Resources Authority (Authority) several studies have been completed in furtherance of the stated purpose. To date, San Bernardino Valley Municipal Water District has agreed to loan up to $900,000 for the cost of these studies and all other services the Authority is required to pay. All of the existing loan funds have been expended or committed. The Authority requested that San Bernardino Valley Municipal Water District provide an additional $1.6 million loan to the Authority to provide funds for the costs to have a team of consultants prepare an Economic Development Plan for the following area: Baseline Street on the north, "E" Street on the east, Mill Street on the south, and 1-215 freeway on the west. The scope of work includes a specific plan, economic analysis, environmental EIR/EIS, cost estimating services, and community outreach/public relations. The Mayor and Common Council, through the strategic planning process, have designated that a signature development project(s), which included the Lakes and Streams Concept and development at Norton, as one of their highest priorities. The development of an Economic Development Plan by the Authority is consistent with this goal. The Board of Directors of San Bernardino Valley Municipal Water District, at their meeting held on May 7, 2001, voted to approve an additional loan to the San Bernardino Regional Water Resources Authority with certain conditions. The conditions that their board approved were to have the City of San Bernardino waive all development fees and permit costs for their proposed water reservoir in the Phase lA area. The Phase IA area is bounded by Baseline on the north, "E" Street on the east, 9th Street on the South, and 1-215 freeway on the west. The Authority considered this item at their meeting held on May 8, 2001 and voted to ask the City of San Bernardino to have the development fees charged to the Authority and the Authority would reimburse the City from Vision 20/20 project revenues when they are available. Since the water reservoir project size and exact footprint are not yet determined, we utilized the estimated costs of development for the Phase lA area set forth in the Final Report for Vision 20/20 dated December 13, 1999 pages XIII-7 through 12, and a Preliminary Budget Analysis- Phase lA Reservoir for Lakes and Streams Project prepared by Dudek and Associates dated April 6, 2001. 1 ." .' Some of the items reviewed to estimate the development and permit fees are as follows: . Total acres - III . Acres required for water reservoir - 40. Estimate is for footprint of 3D-acre reservoir and 10 acre construction zone. . Estimated number of dwelling units to be demolished or relocated - 200. It should also be pointed out that the estimate of fees to be deferred does not include any evaluation costs for historical structures that will be undertaken as part of the EIR/EIS process or any mitigation measures that may be required. Listed below are the fees and permit charges that were evaluated and a determination of which fees the water resource project component is exempt from and which could be deferred. I. Fees Exemnted bv State Statute: 1. Government Code Section 53090, et seq., exempts fees charged by local agencies for water production, generation, storage or transmission projects of other local agencies. Exemption applies both as to "Building Ordinances" and "Zoning Ordinances", the requirements thereof and the fees to be paid pursuant to such ordinances. 2. Specific State Statute exempted categories of fees would include: Storm Drain Fees Parks & Recreation Fees (would not be applicable; such fees only apply to Residential development) Cultural Development Construction Fee Traffic System Fee (not applicable due to nature of project) Development Services Zoning Verification Fee Earthquake Strong Motion Fee Landscaping plan review for on-site reservoir landscaping Demolition Fees for all buildings Any other City fee that results from a Building Ordinance as defined in Government Code Section 53090(b) II. Fees to be deferred bv City and naid bv Authority from Future Revenues: 1. Relocation permits for moving of housing units 2. Subdivision Map Act fees for reversion to acreage of acquired lots 3. Sewer Capacity Fees for reservoir area only; San Bernardino Valley Municipal Water District and the Authority can apply sewer capacity from acquired homes and other buildings towards any requirements brought about by reservoir development; fees for additional sewer capacity, if any, will be deferred 4. Sewer Connection Fees for reservoir area only; San Bernardino Valley Municipal Water District and the Authority can apply sewer connections from acquired homes and other buildings towards any requirements brought about by reservoir development; fees for additional sewer connections, if any, will be deferred 5. Review of plans and calculations for Inundation Study for dam outlet 2 .~ . . , ID. Fees to be Paid as Required bv City Ordinance or Resolution: 1. Relocation of houses; deferral of fees for actual relocation; if relocated houses are to be sold to private parties, then the relocated house must comply with all Buildings Ordinances and Zoning Ordinances IV. Infrastructure Imoact Costs: 1. Review of all utility relocation plans (time and materials); costs of the impact mitigation to be deferred 2. Inspection of street cuts, stonn drain, sewer and water infrastructure (time and materials); costs of the impact mitigation to be deferred 3. Street vacation title search and review of source documents for intended streets to be vacated (time and materials); costs of the impact mitigation to be deferred 4. Actual relocation of non-City utilities (actual construction costs) 5. Actual relocation of City water and sewer utilities (actual construction costs) 6. Physical work for the closure of streets, street reconstruction and realignment; relocation and installation of street lights, signal light and signage (actual construction costs) Financial Impact: Below is a summary of the estimated fees and penn it charges that are subject to deferral: . Plan check fee for all utilities 500 man hours@ $501hr. . Inspection fees for street cuts, stonn drain Sewer, and water infrastructure 750 hrs. @ $50 hr. . Review of plans and calculations for Inundation Study for dam outlet . Relocation permit for 20 units @ $1,OOO/unit . Street vacation research of title and source Documents for streets within project area and implementation . Reversion to acreage for all parcels within Project area of water reservoir site . Landscape Plan Review 2% of costs TOTAL ESTIMATED FEES Recommendation: $ 25,000 $ 37,500 $ 15,000 $ 20,000 $ 20,000 $ 2,080 $ 5.000 $124,580 That the City would enter into an agreement with the Authority wherein the city agrees to the deferral of the fees and the Authority would agree to pay the fees and permit costs when revenues from the project are available to cover them. 3 " 1 : CG cg ~:~rV RESOLUTION NO. _. "" 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT 4 WITH THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY ".-- r ........ 5 WHEREAS, the San Bernardino Regional Water Resources Authority (the "Authority") was 6 organized pursuant to a Joint Powers Agreement dated as of August 26, 1998, by and among the City 7 of San Bernardino, California (the "City"), the Inland VaHey Development Agency (the "Agency") and 8 the San Bernardino Valley Municipal Water District (the "District") for the purpose of determining and 9 implementing a plan for alleviating the high ground water problems existing in the City, including areas 10 within the territorial boundaries of the District and the Agency; and 11 WHEREAS, in order to accomplish its goals and objectives, the Authority will conduct a water 12 resource and storage project known as the San Bernardino Vision 20/20 Project (the "Project"); and 13 WHEREAS, it may be determined at a later date that the initial phase of the Project may be the 14 construction of a reservoir and related improvements in the Phase 1 A area of the Project, as described 15 in the Final Report for the Project, dated December 13,1999 ("Phase lAReservoir"); and 16 WHEREAS, the Authority may submit a land development pt;J111it application to the City which .... 17 may include the Phase 1 A Reservoir and related improvements; and 18 WHEREAS, the City may require the payment of certain review, processing and development 19 fees regarding the Phase 1 A Reservoir and related improvements; and 20 WHEREAS, if the Authority may hereafter submit a land development permit application to the 21 City which may include the Phase 1 A Reservoir and related improvements, the Authority requests that 22 the City defer the obligations of the Authority to pay certain review, processing and development fees 23 that may be required by the City for the Phase 1 A Reservoir and related improvements; and 24 WHEREAS, if the Authority hereafter submits a land development permit application to the City 25 which may include the Phase 1 A Reservoir and related improvements, the City desires to defer certain 26 review, processing and development fees that may be required by the City for the Phase lA Reservoir 27 and related improvements. ....... 28 II / SB200I:J0247.t -1- -. 1 ,- \",... 2 3 4 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT WITH THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. 6 reference. 7 Section 2. The Recitals contained herein are true and correct and incorporated herein by this The Mayor and Common Council hereby determine that the City will benefit from 8 the construction of the Phase 1 A Reservoir and related improvements and that, if the Authority submits 9 a completed land development pennit application which may include the Phase lA Reservoir and related 10 improvements to the City, it is appropriate for the City to defer the payment to the City by the Authority 11 of certain development fees, as set forth in the Development Fee Deferral Agreement attached to this 12 Resolution as Exhibit "A," to the extent that such fees are required by the City and applicable to the 13 Phase 1 A Reservoir and related improvements. 14 Section 3. The Mayor and Common Council hereby approve the Development Fee Deferral 15 Agreement and the execution thereof, in substantially the fonn attached hereto as Exhibit" A," with such 16 non-substantive changes therein as the Mayor and City Attorney .nay detennine to be necessary or 17 advisable, with the execution of the Agreement by the Mayor being conclusive evidence of such r- '-.. 18 detennination. 19 Section 4. City Staffis hereby further authorized and directed to do any and all things and take 20 any and all actions as may be necessary or advisable to effectuate the provisions of the Agreement. A This Resolution shall become effective immediately upon its adoption. 21 Section 5. 22 /II 23 /II 24 /II 25 /II 26 /II "..- 27 /II "- 28 III SB200l;t0247.1 -2- 4 the day of 5 COUNCIL MEMBERS AYES 6 ESTRADA 7 LIEN 8 MC GINNIS 9 SCHNETZ 10 SUAREZ II ANDERSON 12 MC CAMMACK 13 "... 14 "- IS 19 20 Approved as to form and legal content: 21 JAMES F. PENMAN 22 City Attorney 23 By: 24 25 26 "'" 27 \..... 28 SB200ht0247.1 " " I ,,--- '-. 2 3 RESOLUTION OF mE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT WI1H THE SAN BERNARDINO REGIONAL WATER RESOURCES AUmORITY I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on ,2001, by the following vote, to wit: NAYS ABSENT ABSTAIN Rachel G. Clark, City Clerk 16 17 18 The foregoing Resolution is hereby approved this _ day. of , 2001. Judith Valles, Mayor City of San Bernardino -3- _. RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A DEVEWPMENT FEE DEFERRAL AGREEMENT WITH THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY 1 '-~ 2 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 3 CITY OF SAN BERNARDINO ) 4 ~... '-... "....~ 27 \"'..' 5 I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San 6 Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. 7 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Mayor and Common Council of the City of San Bernardino this 9 day of 2001. 10 11 12 13 14 15 16 17 18 19 City Clerk 20 21 22 23 24 25 26 28 S8200 1;10247. I -4- .'. ~(gl?V ,~", 1 DEVELOPMENT FEE DEFERRAL AGREEMENT "-- 2 3 This DEVELOPMENT FEE DEFERRAL AGREEMENT (this "Agreement") is 4 entered into by and between the CITY OF SAN BERNARDINO, a California 5 Charter City (the "City"), and the SAN BERNARDINO REGIONAL WATER 6 RESOURCES AUTHORITY, a joint powers authority organized under 7 Government Code Sections 6500, et seq. (the "Authority"), with 8 respect to the following facts: 9 10 Reci tals 11 WHEREAS, the San Bernardino Regional Water Resources Authority 12 (the "Authority") was organized pursuant to a Joint Powers Agreement 13 dated as of August 26, 1998, by and among the City of San Bernardino, !""" 14 i '-' 15 16 California (the "City"), the Inland Valley Development Agency (the "Agency") and the San Bernardino Valley Municipal Water District (the "District") for the purpose of determining apd implementing a plan 17 for alleviating the high ground water problems existing in the City, 18 including areas within the territorial boundaries of the District and 19 the Agency; and 20 WHEREAS, in order to accomplish its goals and objectives, the 21 Authority may conduct a water resource and storage project known as 22 the San Bernardino Vision 20/20 Project (the "Project"); and 23 WHEREAS, it may be determined at a later date that the initial 24 phase of the Project may be the construction of a reservoir and 25 related improvements in the Phase lA area of the Project, as 26 described in the Final Report for the Project, dated December 13, ""'~ 27 1999 ("Phase lA Reservoir"); and ......... 28 SB2001:t6072.t -1- EXHIBIT A ,- 1 WHEREAS, the Authority may submit a land development permit '-- 2 application to the City which may include the Phase lA Reservoir and 3 related improvements; and 4 WHEREAS, the City may require the payment of certain review, 5 processing and development fees regarding the Phase lA Reservoir and 6 related improvements; and 7 WHEREAS, if the Authority may hereafter submit a land 8 development permit application to the City which may include the 9 Phase lA Reservoir and related improvements, the Authority requests 10 that the City defer the obligations of the Authority to pay certain 11 review, processing and development fees that may be required by the 12 City for the Phase lA Reservoir and related improvements; and 13 ""-- 14 "- IS 16 WHEREAS, if the Authority hereafter submits a land development permit application to the City which may include the Phase lA Reservoir and related improvements, the City desires to defer certain review, processing and development fees that ,may be required by the 17 City for the Phase lA Reservoir and related improvements. 18 19 NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL 20 PROMISES CONTAINED HEREIN, THE CITY AND THE AUTHORITY, FOR 21 THEMSELVES, THEIR SUCCESSORS AND ASSIGNS, AGREE: 22 23 1. Incorporation of Recitals. The Recitals set forth above are 24 incorporated into this Agreement, by this reference, as though 25 fully set forth herein. ,t4I"'.... 26 27 28 '-, 8B2ool':16072.1 -2- ,,-' ......... 1""'" \-..... ,. '- 1 2. 2 Exemption from Certain Ci ty Building Ordinances and Zoning Ordinances. Government Code Section 53090, et seq., 'exempts 3 certain facilities to be constructed and owned by a local agency 4 for the purposes of water production, generation, storage or 5 transmission of water from local building ordinances (as defined 6 in Government Code Section 53090(b)) and zoning ordinances as 7 set forth in Government Code Section 5309l. The City recognizes 8 that the construction of the Phase lA Reservoir and related 9 improvements by either the Authority or the District is exempt 10 from the following fee categories and specific fees, as 11 previously adopted by the City: 12 13 Storm Drain Fees a. b. Parks & Recreation Fees (would not be applicable; such fees 14 15 16 only apply to Residential development) c. Cultural Development Construction Fe,e Traffic System Fee (not applicable due to nature of d. 17 18 19 project) e. Development Services Zoning Verification Fee f. Earthquake Strong Motion Fee 20 21 22 23 24 25 Landscaping plan review for on-site reservoir g. h. Landscaping i. Demolition Fees for all buildings Any other City fee that results from a Building Ordinance j. as defined in Government Code Section 53090(b) 26 3. Deferral of Development Fees. If the Authority submits a 27 completed land development permit application which may include 28 the Phase IA Reservoir and related improvements to the City, the 8B2ooEI6072,1 -3- -~ \""... --. '-..... ,~"~ \",..... 1 Ci ty hereby agrees to defer the payment to the City by the 2 Authority of those certain review, processing and development 3 fees set forth in this section (the "Deferred Fees"), to the 4 extent that such fees are required by the city and applicable to 5 the Phase IA Reservoir and related improvements, up to an 6 aggregate maximum amount of $l50,OOO.00, until such time as the 7 Authority has funds legally available for payment of the 8 Deferred Fees, as determined in the sole discretion of the 9 Authority. 10 11 12 13 14 a. Relocation permits for moving of housing units and other building structures b. Subdi vision Map Act fees for reversion to acreage of acquired lots c. Sewer Capacity Fees for reservoir area only; the District 15 and the Authority can apply sewer capacity from acquired homes and other buildings towards any requirements brought 16 17 18 19 20 about by reservoir development; fees for additional sewer capacity, if any, will be deferred d. Sewer Connection Fees for reservoir area only; the District and the Authority can apply sewer connections from acquired 21 homes and other buildings towards any requirements brought 22 23 24 25 26 about by reservoir development; fees for additional sewer connections, if any, will be deferred e. Review of plans and calculations for Inundation Study for dam outlet 27 28 88200\'16072.1 -4- -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 . 27 28 \",....' ,-, ,-... ..--.. '-' Any water resources project undertaken by the Authority in connection with the Phase IA area of the Project for which the Authority is the project proponent shall also be entitled to the deferral of payment of the Deferred Fees as provided in this Agreement. Any benefits or entitlements accruing to the Authority under this Agreement shall not be assigned to any private property or other public agency without the prior express written consent of the City. The Authority agrees to pay all city fees which are deferred pursuant to this Agreement for the benefit of the Authority at such time as the Authority has available for its governmental purposes revenues from the Project, grant funds or the proceeds of any issuance of municipal bonds the proceeds of which may legally be used, as determined by the Authority in its sole discretion, to repay to the city the deferred amounts of the Deferred Fees, plus interest thereon. The total amount of the Deferred Fees from and after the date that each Deferred Fee is actually deferred in writing by the City Administrator or the City shall bear interest at an interest rate equal to six percent (6%) per annum until paid in whole in a single repayment or from time to time as funds of the Authority are legally available for such purposes, as determined by the Authority, in its sole discretion. Fees to be Paid by Authority. The Authority shall be responsible for the timely payment of all fees imposed by the City pursuant to all Building Ordinances and Zoning Ordinances 8B2ool:16072,1 -5- '" F_ 1 2 3 4 5 6 7 8 9 5. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \,... c: ,., \-..... for those house or other building structures that are relocated by the Authority or the District for construction of the Phase IA Reservoir and related improvements and are intended to be sold to private parties; provided, however, that the fees for the relocation of the houses and other building structures shall be considered to be a Deferred Fee as provided in Section 3 above. Payment of Infrastructure Impact Costs. The parties recognize that certain costs of the Phase IA Reservoir and related improvements are impact costs which must be paid by the Authority and/or the District in connection with the undertaking of such reservoir project. The following set forth items are deemed to be impact costs associated with such reservoir project; provided, however, that items a through c shall be deferred in the same manner as the Deferred Fees in section 3 herein: a. review of all utility relocation plans (costs to be determined on a time and materials); costs of the impact mitigation to be considered as a Deferred Fee under Section 3 herein; b. inspection of street cuts, storm drain, sewer and water infrastructure (costs to be determined on a time and materials); costs of the impact mitigation to be considered a Deferred Fee under Section 3 herein; c. street vacation title search and review of source documents for intended streets to be vacated (costs to be determined 8B2oo1~16072.1 -6- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 6. 16 17 18 19 20 7. 21 22 23 24 8. 25 26 27 28 ~.' .-' '- - ...... on a time and materials); costs of the impact mitigation to be considered as a Deferred Fee under Section 3 herein; d. actual non-City relocation utilities (actual of construction costs); costs to be paid on a current basis by the Authority or the District; e. actual relocation of City water and sewer utilities (actual construction costs); costs to be paid on a current basis by the Authority or the District; f. physical work for the closure of streets, street reconstruction and realignment; relocation and installation of street lights, signal light and signage (actual construction costs); costs to be paid on a current basis by the Authority or the District. Execution in Counterparts. This Agreement may be executed by the parties hereto in duplicate originals, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. Neutral Interpretation. The agreements contained herein shall not be construed in favor of or against any party, but shall be construed as if all parties prepared this Agreement. Choice of Law and Venue. This Agreement is governed by and construed under the laws of the State of California. This Agreement is made and entered into in San Bernardino County, California. Any legal actions arising from or under the terms and provisions of this Agreement must be brought in the Superior 8B2oo1',16072,1 -7- - - 1 2 3 4 9. 5 6 7 8 9 10 11 12 13 14 lO. 15 16 17 18 19 l1. 20 21 22 23 24 25 26 27 28 \,..... c: .-. .......... Court of the state of California in and for the County of San Bernardino. Entitlement to Attorney Fees. If any action is instituted by any party to this Agreement against any other party to this Agreement in connection with this Agreement, the party or parties prevailing in such action are entitled to recover from the losing party or parties all of its costs and expenses, including reasonable attorney's fees and costs. The phrase "reasonable attorney fees" includes, without limitation, the salaries, benefits and overhead of the attorneys employed by the Office of the City Attorney for the City of San Bernardino. Gender and Number. In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. Integration. This Agreement constitutes the entire agreement between the City and the Authority as to the subject matter covered herein. This Agreement supersedes all prior negotiation, discussions and previous agreements between the parties concerning the subject matters covered in this Agreement. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 8B2ool~16072,1 -8- .--- ,-. ,... '"-, .- \.- 1 l2. Modification or Amendment. No modification, waiver, amendment, 2 discharge, change or alteration of this Agreement is' valid, 3 unless in writing and signed by each of the parties hereto. 4 5 l3. Severability. Every provision of this Agreement is intended to 6 be severable. If any provision of this Agreement or the 7 application of any provision of this Agreement to any party or 8 circumstance is declared to be illegal, invalid or unenforceable 9 for any reason by a court of competent jurisdiction, such 10 invalidity shall not affect the other terms and provisions 11 hereof or the application of the provision in question to any 12 other party or circumstance, all of which shall continue in full 13 force and effect. 14 15 l4. Binding Effect of Agreement on City and Agency. This Agreement 16 is not binding on the City or the Authority, until approved by 17 both the City and the Authority, approved as to form by legal 18 counsel for both the City and the Authority and executed by the 19 authorized representatives of both the City and the Authority. 20 21 l5. Time of the Essence. Time is of the essence in the performance 22 of each provision of this Agreement. 23 24 l6. Assignment. This Agreement is not assignable by the Authority 25 without the prior written consent of the City. 26 27 28 8B2oo1'16072,1 -9- ,- ......' -, ,-... - \",... " 1 17. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Agreement Is Not an APproval of the Project. This Agreement is not an approval by the City of the Project' or any land development permit application submitted or to be submitted to the City by the Authority which may include the Phase lA Reservoir and related improvements. Except as may be limited by applicable state law, the City expressly reserves all of its rights and powers to withhold or condition its approval of the Phase lA Reservoir and related improvements, upon the submission by the Authority of a complete and satisfactory land development permit application that includes the Phase lA Reservoir and related improvements, including all necessary fees not deferred by this Agreement. This Agreement shall not be deemed to be approval by the City of the Project or the Phase lA Reservoir and related improvements for purposes of Section 1 of the Joint ,Powers Agreement among the City, the Agency and the District as referred to in the Reci tals hereof. The City reserves all rights and remedies available to the City, including but not limited to, the right to not approve the final financial plan, if and when such is ever presented to the City for final approval. 8B2oo1':16072,1 -lO- ,- ,-. ,- 14 ,-... ,.."....'. '-- 1 THIS DEVELOPMENT FEE DEFERRAL AGREEMENT is executed on behalf of 2 the parties on the dates ~ndicated next to the signatures of their 3 authorized representatives, as follow: 4 5 6 7 8 9 AUTHORITY San Bernardino Regional Water Resources Authority, a joint powers authority By: Judith Valles, President 10 11 ATTEST: 12 By: 13 APPROVED AS TO FORM: 15 By: 16 17 18 19 20 Authority Counsel CITY City of San Bernardino, a Charter City Dated: By: Judith Valles, Mayor 21 22 ATTEST: 23 city Clerk 24 Approved As To Form and 25 legal content: 26 27 City Attorney 28 882001:16072,1 -11- ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): <0-4 -D \ Item # ~ Vote: Ayes~-I Nays .e- Resolution # "2()()1 - IS ( Abstain -8' Absenr6- Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: - Note on Resolution of Attachment stored separately:-=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY p{O~ Date Sent to Mayor: " -4-0 \ Date of Mayor's Signature: "-5 -c " Date of Clerk/CDC Signature: 6-5 ~ \ Date Memo/Letter Sent ~ i nature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: ttached: Request for Council Action & Staff Report Attached: Updated Prior Reso]utions (Other Than Be]ow): Updated CITY Personnel Folders (6413, 6429, 6433,10584, ]0585, ]2634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92.389): Copies Distributed to: City Attorney ,/" Parks & Rec, Code Compliance Dev. Services Public Services Police Water Notes: NulINoid After: By: Reso. Log Updated: {./"""" Seal Impressed: ,/ Date Returned: - Yes ./ No By Yes No .....L- By Yes No -..iL. By Yes No -v::. By Yes NO~Y EDA ........- Finance MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: fYI' Date: ~ Revised 0]112/0]