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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Bernard C. Kersey, Member
Management Committee
Subject: REVISED AGREEMENT FOR
PROPOSED DEFERRAL OF
DEVELOPMENT FEES FOR SAN
BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT'S DEVELOPMENT
OF A WATER RESERVOm IN THE
PHASE IA OF VISION 20/20
Dept: San Bernardino Regional Water
Resources Authority
Date: June 13, 2001
MICC Meeting Date: June 18, 2001
Synopsis of Previous Council Action:
Resolution No. 2001-151 approved on June 4,2001.
Recommended Motion:
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT BY AND
AMONG THE CITY OF SAN BERNARDINO, THE SAN BERNARDINO REGIONAL WATER
RESOURCES AUTHORITY AND THE SAN BERNARDINO VALLEY MUNICIPAL WATER
DISTRICT AND RESCINDING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RESOLUTION NO. 2001-151 APPROVING A DEVELOPMENT FEE
DEFERRAL AGREEMENT WITH THE SAN BERNARDINO REGIONAL WATER
RESOURCES AUTHORITY
~d C, ~<lh~
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Signature
Contact person: Bernard C Kersey
Phone: 384-5091
Supporting data attached:
Yes
Ward: Second
FUNDING REQUIREMENTS: Amount: Not-to-exceed $150,000.00
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: 1!1Let//OOlr!J (,/10/;/, c:t!3'1
Agenda Iterr
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Revised Agreement for Proposed Deferral of Development Fees for San Bernardino Valley
Municipal Water District's Development of a 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 (Muni) 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 lA 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
Apri16,2001.
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Some of the items reviewed to estimate the development and permit fees are as follows:
. Total acres - 111
. Acres required for water reservoir - 40. Estimate is for footprint of 30-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 EIRIEIS 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 Exempted 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 paid 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
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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 Imnact Costs:
1. Review of all utility relocation plans (time and materials); costs of the impact mitigation
to be deferred
2. Inspection of street cuts, storm 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 ofthe 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 permit charges that are subject to deferral:
. Plan check fee for all utilities
500 man hours @ $501hr.
. Inspection fees for street cuts, storm 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 ESTIMA TED FEES
$ 25,000
$ 37,500
$ 15,000
$ 20,000
$ 20,000
$ 2,080
$ 5.000
$124,580
On June 4,2001, the Mayor and Common Council approved Resolution No. 2001-151 approving
the agreement for deferral offees.
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San Bernardino Valley Municipal Water District, at their meeting held on June 4,2001, did not
approve the agreement. They requested that certain changes be incorporated into the agreement
as follows:
. That the city charge no interest on the deferred fees
. If the Authority does not proceed and Muni proceeds with a water reservoir in the
Phase 1 A area, that the fees be waived
Mr. Patrick Milligan, President of San Bernardino Valley Municipal Water District, will be
present at the June 18, 2001 Council Meeting to discuss San Bernardino Valley Municipal Water
District's board action and questions the Mayor and Council may have.
The San Bernardino Regional Water Resources Authority reconsidered the deferral of fees
agreement that was approved by the Mayor and Common Council at their June 12, 2001 meeting
and unanimously voted to change the deferral agreement as follows:
. Delete any interest charge on the deferred fees
. Amend section five of the agreement to reflect that should the Authority dissolve or
decide not to proceed with the submittal of a land use plan which includes a reservoir
in the Phase IA area, any fees deferred up to that point would be waived
. Add San Bernardino Valley Municipal Water District as a signatory party to the
agreement
Recommendation:
That the revised Development Fee Deferral Agreement between the City of San Bernardino, the
San Bernardino Regional Water Resources Authority and San Bernardino Valley Municipal
Water District be approved.
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RESOLUTION NO.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT BY
AND AMONG THE CITY OF SAN BERNARDINO, THE SAN BERNARDINO REGIONAL
5 WATER RESOURCES AUTHORITY AND THE SAN BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT AND RESCINDING MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO RESOLUTION NO. 2001-151 APPROVING A DEVELOPMENT FEE
DEFERRAL AGREEMENT WITH THE SAN BERNARDINO REGIONAL WATER
7 RESOURCES AUTHORITY.
8 WHEREAS, the San Bernardino Regional Water Resources Authority (the "Authority") was
9 organized pursuant to a Joint Powers Agreement dated as of August 26, 1998, by and among the City
10 of San Bernardino, California (the "City"), the Inland Valley Development Agency (the "Agency") and
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the San Bernardino Valley Municipal Water District (the "District") for the purpose of determining and
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implementing a plan for alleviating the high ground water problems existing in the City, including areas
within the territorial boundaries of the District and the Agency; and
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WHEREAS, in order to accomplish its goals and objectives, the Authority will conduct a water
16 resource and storage project known as the San Bernardino Vision 20/20 Project (the "Project"); and
17 WHEREAS, it may be determined at a later date that the initial phase of the Project may be the
18 construction of a reservoir and related improvements in the Phase 1 A area of the Project, as described
19 in the Final Report for the Project, dated December 13, 1999 ("Phase lA Reservoir"); and
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WHEREAS, the Authority may submit a land development permit application to the City which
may include the Phase lA Reservoir and related improvements; and
WHEREAS, the City may require the payment of certain review, processing and development
24 fees regarding the Phase lA Reservoir and related improvements; and
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WHEREAS, if the Authority may hereafter submit a land development permit application to the
26 City which may include the Phase 1 A Reservoir and related improvements, the Authority requests that
27 the City defer the obligations of the Authority to pay certain review, processing and development fees
28 that may be required by the City for the Phase I A Reservoir and related improvements; and
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Resolution of the Mayor and Common Council of the City of San Bernardino approving a Development Fee Deferral
Agreement
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WHEREAS, if the Authority hereafter submits a land development permit application to the City
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which may include the Phase 1 A Reservoir and related improvements, the City desires to defer certain
review, processing and development fees that may be required by the City for the Phase lA Reservoir
and related improvements; and
WHEREAS, the Mayor and Common Council of the City of San Bernardino previously adopted
7 Resolution 2001-151 approving a Development Fee Deferral Agreement with the Authority; and
8 WHEREAS, if the Authority does not pursue the development of the Phase lA Reservoir and
9 related improvements and the District independently pursues such development, the City desires to
10 waive any review, processing and development fees previously deferred by the City in favor of the
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Authority for the Phase lA Reservoir and related improvements; and
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WHEREAS, the City desires to rescind its previous Resolution No. 2001-151 and adopt the
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following Resolution approving a Development Fee Deferral Agreement by and among the City, the
Authority and the District, instead of the agreement approved in Resolution No. 2001-151;
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
17 BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section 1.
The Recitals contained herein are true and correct and incorporated herein by this
19 reference.
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Section 2.
The Mayor and Common Council hereby rescind their Resolution 2001-151
adopted on June 5, 2001.
Section 3.
The Mayor and Common Council hereby determine that the City will benefit from
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the construction of the Phase I A Reservoir and related improvements and that, if the Authority submits
a completed land development permit application which may include the Phase lA Reservoir and related
improvements to the City, it is appropriate for the City to defer the payment to the City by the Authority
of certain development fees, as set forth in the Development Fee Deferral Agreement attached to this
Resolution as Exhibit "A," to the extent that such fees are required by the City and applicable to the
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Resolution of the Mayor and Common Council of the City of San Bernardino approving a Development Fee Deferral
Agreement
1 Phase lA Reservoir and related improvements.
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Section 4.
The Mayor and Common Council hereby further determine that, if the Authority
does not pursue the development of the Phase lA Reservoir and related improvements and the District
independently pursues such development, the City will waive any of the review, processing and
development fees previously deferred by the City in favor of the Authority for the Phase lA Reservoir
and related improvements; and
8 Section 5. The Mayor and Common Council hereby approve the Development Fee Deferral
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Agreement and the execution thereof, in substantially the form attached hereto as Exhibit" A," with such
non-substantive changes therein as the Mayor and City Attorney may determine to be necessary or
advisable, with the execution of the Agreement by the Mayor being conclusive evidence of such
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determination.
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Section 6. City Statfis hereby further authorized and directed to do any and all things and take
any and all actions as may be necessary or advisable to effectuate the provisions of the Agreement.
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Resolution of the Mayor and Common Council of the City of San Bernardino approving a Development Fee Deferral
Agreement
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Section 7.
This Resolution shall become effective immediately upon its adoption.
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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
the day of
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COUNCIL MEMBERS AYES
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7 ESTRADA
8 LIEN
9 MC GINNIS
10 SCHNETZ
11 SUAREZ
12 ANDERSON
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MC CAMMACK
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.2001, by the following vote, to wit:
NAYS
ABSENT
ABSTAIN
Rachel G. Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2001.
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22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN
25 City Attorney
26 By:
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Judith Valles, Mayor
City of San Bernardino
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Resolution of the Mayor and Common Council of the City of San Bernardino approving a Development Fee Deferral
Agreement
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2 STATE OF CALIFORNIA )
3 COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
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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
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,2001.
City of San Bernardino Resolution No.
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9 in this office.
is a full, true and correct copy of that now on file
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
11 the Mayor and Common Council of the City of San Bernardino this
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day of
City Clerk
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SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY
DEVELOPMENT FEE DEFERRAL AGREEMENT
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4 This DEVELOPMENT FEE DEFERRAL AGREEMENT (this ~Agreement")
5 is entered into by and among the CITY OF SAN BERNARDINO, a
6 California charter city (the ~City"), and the SAN BERNARDINO
7 REGIONAL WATER RESOURCES AUTHORITY, a joint powers authority
8 organized under Government Code Sections 6500, et seq. (the
9 ~Authority"), and the SAN BERNARDINO VALLEY MUNICIPAL WATER
10 DISTRICT, a public water district organized under the laws of
11 the State of California (the ~District"), with respect to the
12 following facts:
13 Recitals
14 WHEREAS, the San Bernardino Regional Water Resources
15 Authority (the ~Authority") was organized pursuant to a Joint
16 Powers Agreement dated as of August 26, 1998, by and among the
17 City of San Bernardino, California (the ~City"), the Inland
18 Valley Development Agency (the ~Agency") and the San Bernardino
19 Valley Municipal Water District (the ~District") for the
20 purpose of determining and implementing a plan for alleviating
21 the high ground water problems existing in the City, including
22 areas within the territorial boundaries of the District and the
23 Agency; and
24 WHEREAS, in order to accomplish its goals and objectives,
25 the Authority may conduct a water resource and storage project
26 known as the San Bernardino Vision 20/20 Project (the
27 ~Project"); and
28 WHEREAS, it may be determined at a later date that the
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EXHIBIT "A"
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initial phase of the Project may be the construction of a
reservoir and related improvements in the Phase 1A area of the
Project, as described in the Final Report for the Project,
dated December 13, 1999 ("Phase lA Reservoir"); and
WHEREAS, the Authority may submit a land development
permit application to the city which may include the Phase 1A
Reservoir and related improvements; and
WHEREAS, the City may require the payment of certain
review, processing and development fees regarding the Phase 1A
Reservoir and related improvements; and
WHEREAS, if the Authority may hereafter submit a land
development permit application to the City which may include
the Phase 1A Reservoir and related improvements, the Authority
requests that the city defer the obligations of the Authority
to pay certain review, processing and development fees that may
be required by the City for the Phase 1A Reservoir and related
improvements; and
WHEREAS, if the Authority hereafter submits a land
development permit application to the City which may include
the Phase 1A Reservoir and related improvements, the City
desires to defer certain review, processing and development
fees that may be required by the City for the Phase 1A
Reservoir and related improvements;
WHEREAS, if the Authority does not pursue the development
of the Phase 1A Reservoir and related improvements and the
District independently pursues such development, the City
desires to waive any review, processing and development fees
previously deferred by the City in favor of the Authority for
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the Phase 1A Reservoir and related improvements; and
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
MUTUAL PROMISES CONTAINED HEREIN, THE CITY AND THE AUTHORITY,
FOR THEMSELVES, THEIR SUCCESSORS AND ASSIGNS, AGREE:
1. Incorporation of Recitals. The Recitals set forth above
are incorporated into this Agreement, by this reference,
as though fully set forth herein.
2. Exemption from Certain City Building Ordinances and Zoning
Ordinances. Government Code Section 53090, et seq.,
exempts certain facilities to be constructed and owned by
a local agency for the purposes of water production,
generation, storage or transmission of water from local
building ordinances (as defined in Government Code Section
53090(b)) and zoning ordinances as set forth in Government
Code Section 53091. The City recognizes that the
construction of the Phase 1A Reservoir and related
improvements by either the Authority or the District is
exempt from the following fee categories and specific
fees, as previously adopted by the City:
a. Storm Drain Fees
b. Parks & Recreation Fees (would not be applicable;
such fees only apply to Residential development)
c. Cultural Development Construction Fee
d. Traffic System Fee (not applicable due to nature of
project)
e. Development Services Zoning Verification Fee
f. Earthquake Strong Motion Fee
g. Landscaping plan review for on-site reservoir
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Landscaping
Demolition Fees for all buildings
Any other city fee that results from a
Ordinance as defined in Government Code
53090(b)
Deferral of Development Fees. If the Authority submits a
completed land development permit application which may
include the Phase IA Reservoir and related improvements to
the City, the City hereby agrees to defer the payment to
the City by the Authority of those certain review,
processing and development fees set forth in this section
(the "Deferred Fees"), to the extent that such fees are
required by the City and applicable to the Phase IA
Reservoir and related improvements, not to exceed an
aggregate maximum amount equal to $150,000.00, until such
time as the Authority has funds legally available for
payment of the Deferred Fees, as determined in the sole
discretion of the Authority:
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 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
h.
i.
j.
Building
Section
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1 d. Sewer Connection Fees for reservoir area only; the
2 District and the Authority can apply sewer
3 connections from acquired homes and other buildings
4 towards any requirements brought about by reservoir
5 development; fees for additional sewer connections,
6 if any, will be deferred
7 e. Review of plans and calculations for Inundation Study
8 for dam outlet
9 In the event at any time following the initiation of the
10 Phase IA Reservoir and related improvements by the
11 Authority, the Authority ceases to function, suspends its
12 operations or otherwise abandons the Phase IA Reservoir
13 and the District independently pursues development of the
14 Phase IA Reservoir and related improvements, the City
15 hereby agrees to waive the payment to the City by the
16 District of any then accrued and unpaid portions of the
17 Deferred Fees, that have been previously deferred by the
18 City under this Agreement, not to exceed an aggregate
19 maximum amount equal to $150,000.00. Subsequent to such
20 date and with regard to any continuation of the Phase IA
21 Reservoir and related improvements by the District, the
22 District shall be entitled to all exemptions from local
23 building and zoning ordinances as may then be provided in
24 applicable State law.
25 Any water resources project undertaken by the Authority in
26 connection with the Phase IA area of the Project for which
27 the Authority is the project proponent shall also be
28 entitled to the deferral of payment of the Deferred Fees
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as provided in this Agreement. Any benefits or
enti t1ements 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, without
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 be 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 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
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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;
inspection of street cuts, storm drain, sewer and
water infrastructure
time and materials);
to be considered a
b.
(costs to be determined on a
costs of the impact mitigation
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 on a time and materials); costs of
the impact mitigation to be considered as a Deferred
Fee under Section 3 herein;
d. actual relocation of non-City utilities (actual
construction costs); costs to be paid on a current
basis by the Authority or the District;
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e. actual relocation of City water and sewer utili ties
(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 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
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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
subj ect 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.
Modification or Amendment. No modification, waiver,
amendment, discharge, change or alteration of this
Agreement is valid, unless in writing and signed by each
of the parties hereto.
Severability. Every provision of this Agreement is
intended to be severable. If any provision of this
Agreement or the application of any provision of this
Agreement to any party or circumstance is declared to be
illegal, invalid or unenforceable for any reason by a
court of competent jurisdiction, such invalidity shall not
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affect the other terms and provisions hereof or the
application of the provision in question to any other
party or circumstance, all of which shall continue in full
force and effect.
Binding Effect of Agreement on City, Authority and
District. This Agreement is not binding on the City, the
Authority or the District, until approved by the City, the
Authority and the District, approved as to form by legal
counsel for the City, the Authority and the District and
executed by the authorized representatives of the City,
the Authority and the District.
Time of the Essence. Time is of the essence in the
performance of each provision of this Agreement.
Assignment. This Agreement is not assignable by the
Authority without the prior written consent of the City.
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 1A 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 1A
Reservoir and related improvements, upon the submission by
the Authority of a complete and satisfactory land
development permit application that includes the Phase 1A
Reservoir and related improvements, including all
necessary fees not deferred by this Agreement.
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This Agreement shall not be deemed to be approval by the
City of the Project or the Phase 1A 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 Recitals 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.
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1 THIS DEVELOPMENT FEE DEFERRAL AGREEMENT is executed on
2 behalf of the parties on the dates indicated next to the
3 signatures of their authorized representatives, as follow:
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AUTHORITY
San Bernardino Regional
Water Resources Authority,a joint
powers authority
Dated:
By:
Judith Valles, President
ATTEST:
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Secretary
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Approved as to form
and legal content:
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By:
Tim Sabo, Authority Counsel
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CITY
City of San Bernardino,
a Charter City
Dated:
By:
Judith Valles, Mayor
ATTEST:
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By:
Rachel Clark, City Clerk
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Approved as to form
and legal content:
By:
City Attorney
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9 ATTEST:
Dated:
SEAL
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Secretary
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Approved as to form
and legal content
By:
District Counsel
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DISTRICT
San Bernardino Valley Municipal
Water District
By:
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Patrick C. Milligan
President