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HomeMy WebLinkAbout07.B- Community Development RESOLUTION(ID#2295) DOC ID: 2295 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Margo Wheeler M/CC Meeting Date: 03/04/2013 Prepared by: DeLisa Bryant, (909) 384-5057 Dept: Community Development Ward(s): 3 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Final Map for Parcel Map No. 19330, Located on the Northeast Comer of Arrowhead Avenue and Central Avenue in the IL, Industrial Light Land Use District, Accepting the Public Dedications as Set Forth on Said Map; and Authorizing the Execution of the Standard Form of Agreement for the Improvements in Said Subdivision, with Time for Performance Specified. Current Business Registration Certificate: Not Applicable Financial Impact: There is no financial impact. Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution. Synopsis of Previous Council Action: Tentative Parcel Map 19330(Subdivision 11-02),General Plan Amendment No. 11-04 and Development Permit Type 2 No. 11-04 were approved by the Mayor and Common Council on April 16,2012. Environmental Impact Report(SCH#201107017)was also certified by the Mayor and Common Council on the same date. The tentative map,GPA,DP2,and EIR were required as part of Lewis Retail Center's plan to develop approximately 33 acres of property owned by the National Orange Show. The project will include development of four industrial warehouse facilities,with related on-site parking,loading improvements and landscaping. The proposed buildings range from 27,810 square feet to 616,000 square feet in size. Parcel Map 19330 will create the 3 parcels needed to accommodate the proposed development. Background: On March 28, 2012,the Planning Commission approved Tentative Parcel Map No. 19330(Subdivision No. 11-02), General Plan Amendment No. 11-04 and Development Permit Type 2 No. 11-04 to change the land use designation of approximately 37.18 acres from Public Commercial Recreation(PCR) and Commercial Heavy(CH) to Industrial Light(IL) and subdivide the portion of the project site north of Central Avenue of approximately 33 acres into three parcels for the development of four industrial buildings totaling 752,710 square feet. The project site is an irregular configuration, with the main portion of the site bounded by Arrowhead Avenue to the west,Esperanza Street and its extension on the north, a flood control channel on the east, and Central Avenue on the south. In addition,portions of the project site are also located south of Central Avenue, at the southeast corner of Central Avenue and Arrowhead Updated: 3/1/2013 by Georgeann"Gig?Hanna C Packet Pg. 207 2295 ® Avenue, and in an area that extends north of the main site between an extension of Esperanza Street and Mill Street. The Final Map of Parcel Map No. 19330,which is developed by LCD NOS, LLC,has been reviewed and found to be substantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore, staff recommends that the Final Map for Parcel Map No. 19330 be approved. City Attorney Review: Sunvortine Documents: PM 19930 Location Map (PDF) PM 19330 Resolution(PDF) agrmt 2295 (PDF) PM 19330 (Sheets 1-6) (PDF) PM 19330 Cash Bond(PDF) Natl Orange Show Subd Agmt PM 19330 pdf (PDF) MCC Staff Report (PDF) Updated:3/1/2013 by Georgeann"Gigi" Hanna C a7.B.a '! MILL ST M Qz W IN o M T f A d u `m a W A g N W > N a o n m a � W p 2 - U O PROJECT SITE M K a r c � O a O D m r E m u m Q CENT RAIT E F— LOCATION MAP Packet Pg.209 f. mm 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR PARCEL MAP NO. 3 19330, LOCATED ON THE NORTH EAST CORNER OF ARROWHEAD AND 4 CENTRAL AVENUES IN THE IL, INDUSTRIAL LIGHT LAND USE DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND 5 AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR 6 PERFORMANCE SPECIFIED. 7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON M 8 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: CD CL 9 SECTION 1. The Mayor and Common Council find that proposed Parcel Map No. 10 19330, located on the north east corner of Arrowhead and Central Avenues in the IL, a I1 Industrial Light land use district, together with the provisions for their design and N 12 N 13 improvement, is consistent with the General Plan of the City of San Bernardino. c 0 14 SECTION 2. The City Manager is authorized and directed to execute the standard 2 d W 15 form Subdivision Improvement Agreement with LCD NOS, LLC, attached hereto as Exhibit c 16 A, for the improvements in said Parcel Map as are required by Title 19 of the San Bernardino 0 17 Municipal Code and the California Subdivision Map Act. The time for performance is as 18 specified in the Agreement. Said improvements are specifically described and shown on 19 a 20 Drawings approved and on file in the office of the Community Development Department of d E 21 the City of San Bernardino. m 22 SECTION 3. The Final Map of said Parcel Map is hereby approved and the City of a 23 San Bernardino hereby accepts as public property all dedications within the subdivision as 24 25 shown on said Parcel Map for streets, alleys (including access rights), drainage and other 26 public easements. As a condition precedent to approval of the Parcel Map, the Subdivider 27 shall first execute the Agreement referenced in Section 2 hereof for the improvements within 28 said Parcel Map limits. Packit`Pg.210 MIN I SECTION 4. The City Clerk is hereby authorized and directed to certify approval and 2 acceptance of the dedications shown on the Final Map of said Parcel Map as set forth in this 3 Resolution. 4 SECTION 5. The authorization to execute the Agreement is rescinded if the parties 5 6 fail to execute it within sixty(60) days of the passage of this Resolution. 7 s 8 9 10 R 11 a LO 12 13 0 14 m 15 0 16 0 N 17 O 18 M O M T r 19 a 20 s 21 A 22 a 23 24 25 26 27 28 -Packet Pg.211 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR PARCEL MAP NO. 2 19330, LOCATED ON THE NORTH EAST CORNER OF ARROWHEAD AND CENTRAL AVENUES IN THE IL, INDUSTRIAL LIGHT LAND USE DISTRICT, 3 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND 4 AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR 5 PERFORMANCE SPECIFIED. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting 8 thereof,held on the day of 2013, by the following vote, to wit: c 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 2 W 11 MARQUEZ a LO M 12 JENKINS =' 13 VALDIVIA o 14 15 SHORETT C 16 KELLEY a° 0 17 JOHNSON 0 18 MCCAMMACK rn 19 a 20 Georgeann Hanna, City Clerk r 21 22 The foregoing Resolution is hereby approved this day of , 2013. a 23 24 Patrick J. Morris, Mayor 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 28 By: Packet Pg.212 AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this day of 2013, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and LCD NOS, LLC, a Delaware Limited Liability Company, hereinafter referred to as "Subdivider." RECITALS A. WHEREAS, Subdivider has presented to City for approval a final subdivision 0 map (hereafter called"map") entitled Parcel Map No. 19330; and, oM, r CL B. WHEREAS, the map has been filed with the City for presentation to the Mayor 2 d and Common Council (hereinafter collectively called "Council') of the City for its approval, a which map is hereby referred to and incorporated herein; and, N N C. WHEREAS, Subdivider has requested approval of the map prior to the N N construction and completion of improvements, including all streets, highways or public ways and m public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called c v "subdivision") designated in the map, all in accordance with, and as required by, the Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the limits of the a subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of the City; and, D. WHEREAS, Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement with the City; and, E. WHEREAS, this Agreement is executed pursuant to the provisions of the 1 Packet Pg.213',r: F 77.1 C. Subdivision Map Act of the State of California and Title 19 of the San Bernardino Municipal Code. NOW THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of Work. Subdivider shall do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all 0 M required materials, all to the satisfaction of the City Engineer of City, the work and CD CL improvements within (and/or without) the subdivision to complete the improvements in m accordance with the Plans and Specifications on file as hereinbefore specified, or with any a changes required or ordered by said Engineer which, in his opinion, are necessary or required to N N complete the work. N N 2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be done rn at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and m E Specifications therefor, heretofore approved by City Engineer and which are now on file in his v A office, and to the satisfaction of said City Engineer. a 3. Work: Time for Commencement and Performance. City hereby fixes the time for the completion of said work to be within 24 months from the date hereof. 4. Time of Essence—Extension. Time is of the essence of this Agreement; provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the 2 �Pa et"P�" 14y; bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such 0 property be owned by the United States, or any agency thereof, or the State of California, or any rn CL agency or political subdivision thereof, or by the City, or by any public or private corporation, or d v by any person whomsoever, or by any combination of such owners. Any such repair or a replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. N N 6. Utility Deposits — Statement. Subdivider shall file with the City Clerk, prior to N N the commencement of any work to be performed within the area delineated on the map, a written rn R statement signed by Subdivider, and each public utility corporation involved, to the effect that d E Subdivider has made all deposits legally required by such public utility corporation for the v m connection of any and all public utilities to be supplied by such public utility corporation within a the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 of the San Bernardino Municipal Code. 8. Superintendence by Subdivider. Subdivider shall give personal superintendence 3 Packet Pg:215 to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 9. Inspection by City. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent (100%) of the total estimated 0 M cost of the improvement and acts to be performed as security for the faithful r CL performance of this Agreement; � d (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the a improvements and acts to be performed as security for the payment of all persons N N performing labor and furnishing materials in connection with this Agreement; N N and, E rn (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost c v E of the improvements and acts to be performed as security for the guarantee and warrant of the work for period of one 1 a Y p ( ) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the 4 Packe;Pg.216 ; form of bonds, deposits or letters of credit as provided in Title 19 of the San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 11, Subdivider's Insurance. Subdivider shall not commence work under this Agreement until Subdivider shall have obtained all insurance required under this paragraph, and such insurance shall have been approved by the City Attorney as to form, amount and carrier,nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been 0 M so obtained and approved. All requirements herein provided shall appear either in the body of CL the insurance policies or as endorsements and shall specifically bind the insurance carrier. v U (a) Worker's Compensation Insurance/Emplover's Liability Insurance. Subdivider a shall maintain, during the life of this Agreement, Worker's Compensation N Insurance and Employer's Liability Insurance for all Subdivider's employees N N employed at the site of improvement, and, in case any work is sublet, Subdivider E rn R shall require any contractor or subcontractor similarly to provide Worker's E Compensation Insurance and Employer's Liability Insurance for all contractor's U Y Q or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Subdivider shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or 5 Packet Pg 2,17 subcontractor to take out or maintain such insurance. (b) Public Liability and Property Damage Insurance. Subdivider shall take out and maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from any and all claims for damages for personal injury, (as defined hereunder),including death, as well as from claims for property damage or product liability which may arise 0 M from Subdivider's or any contractor's or subcontractor's operations hereunder, c. whether such operations be by Subdivider or any contractor or subcontractor, or 2 Z U by anyone, including, without limitation, agents, employees or independent a contractors, directly or indirectly employed by either Subdivider or any contractor N ® or subcontractor, and the amounts of such insurance shall be as follows: CD N N (1) Public Liability Insurance. In an amount not less than One Million rn m Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to c d E any one person, and, subject to the same limit for each person, in an amount not less than One Million Dollars ($1,000,000.00) on account of a any one occurrence; Product Liability Insurance coverage should be part of the Public Liability Insurance; (2) Property Damage Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for damage to the property of each person on account of any one occurrence. In the event that any of the aforesaid insurance policies provided for in this 6 Packet Pg.218`` Paragraph 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of cross- liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" forth rather than a "claims made" policy. If the insurance policy is written on a "claims 0 M made" policy, then additional coverage, entitled "tail coverage" must be o CL purchased to cover a period of one(1) year from completion of the project. 2 d U All subcontractors must and shall comply with the same insurance a © provisions as the contractor(s) and subdivider(s). CM (4) Personal Injury — Defined. As used herein, the term "personal injury" N N shall be defined as a hurt or damage to one's person including, without E m limitation, damage to health, cuts, bruises, broken limbs and/or bones, or d E the like, disabilities or impairments, including aggravation of existing rM M z injuries, or invasion of personal rights, including libel, slander, malicious a prosecution, false imprisonment or mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently with the execution hereof, with satisfactory evidence of the insurance required, and evidence that City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction in coverage of any policy during 7 Packei Pg.219 the effective period of this Agreement. Li. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, attorney's/legal fees, and all other expenses incurred by the City arising in favor on any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, 0 including employees of the City, death or damages to property (including property of the City) r CL and without limitation by enumeration, all other claims or demands of every character occurring d or in any way incident to, in connection with or arising directly or indirectly, (including from the a LO negligent performance by its officers, employees, agents) from the terms of this Agreement, N of whether such operations/incidents are caused by contractor, Subdivider or any of N N contractor/Subdivider's subcontractors, contractors or by any one or more persons directly or E rn indirectly employed by or acting as agent for contractor, Subdivider, or any one of contractor or d E Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense a of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations,provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 Packet Pg.220 acceptance by City, or by deposit with City by Subdivider, or any of the insurance policies described in Paragraph 11 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such 0 M damages or claims for damages. CL This provision is not intended to create any cause of action in favor of any third party against d Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's liability a but is intended solely to provide for indemnification of the City from liability for damage or N N injuries to third persons or property arising from Subdivider/Developer's performance hereunder. N N 14. Title to Improvements. Title to, and ownership of, all improvements constructed E rn R hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such c m improvements by City. A 15. Repair or Reconstruction of Defective Work. If, within a period of one year after a final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in 9 Packet Pg:221. accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent(15%). 16. Subdivider Not Agent of Citv. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 0 c� 17. Cost of En ing Bering and Inspection. Subdivider shall pay to City the costs of all CL permit fees for all engineering inspections and other services connected with the City in regard to d U the subdivision. Said fees shall be paid prior to commencing any construction. a 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution N N of the work, or any severable part thereof, with such diligence as will insure its completion N N within the time specified, or any extensions thereof, or fails to obtain completion of said work E rn within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make v E a general assignment for the benefit of Subdivider's creditors, or if a receiver should be v R appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's a contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement; Performance by Surety or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the 10 Pack .,8:222 improvement herein specified; provided, however, that if the surety, within five days after the service of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other 0 M property belonging to Subdivider as may be on the site of the work and necessary therefor. r CL 20. Notices. All notices herein required shall be in writing, and delivered in person or m v sent by registered mail,postage prepaid. a (a) Notices required to be given to City shall be addressed as follows: N N City Manager rn City Hall N 300 North "D" Street E San Bernardino, California 92418 m u c (b) Notices required to be given to Subdivider shall be addressed as follows: E s v LCD NOS, LLC 0 Mr. John M. Goodman a 1156 N. Mountain Avenue Upland, CA 91785 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: Cash was posted in lieu of a bond. Provided that any party or the surety may change such address by notice in writing to the other party, and, thereafter, notices shall be addressed and transmitted to the new address. 21. Successors Bound. This Agreement shall be binding upon and inure to the benefit 11 packet Pg.223 of each of the parties and their respective legal representatives,successors,heirs and assigns. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CITY OF SAN BERNARDINO SUBDIVIDER LCD NOS, LLC, a Delaware Limited Liability Company By: Lewis Operating Corp., a California By: Corporation, Its Manager Allen Parker City Manager By M John M. Goodman ATTEST: Senior VP, CEO,CFO CL v Georgeann Hanna, City Clerk a. N .. Approved as to form: James F. Penman, CD City Attorney N E ci By: E L U Q 12 PacketPg. 224 7.B.c INSTRUCTIONS If the Subdivider is a corporation, the Agreement must be executed in the corporate name and signed by the President or a Vice-President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed by all partners. If the subdivider is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The Agreement must be notarized. 0 M M r CL R 2 m U a M M N N_ 47 N N N C R C d E L V A Y Q 13 TM=Packet Pg.225 7.B.d NGROSS UMBER AREA 33 40 A[RES PARCEL MAP NO. 19330 SHEET 1 DE B SWEETS NUMBER T PARCELS: 3 IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING A SLHIMMSION OF A PORTION OF LOT 7 OF BLOCK A OF TRACT NO. 1878 CASE'S ACRES AS PER MAP FILED IN BOOK 27,PAGE 23 OF MAPS AMID LOT 5 AND LOT 8 AND PORDCNS BY LOTS 1 THROUGH 4 AND LOT 9 OF BLOCK 31 AND LOT 44 OF BLOCK 64 OF THE RANCHO SAN BERNARDINO AS SHDMN ON A NAP FILED IN BOOK 7, PACE 2 OF MAPS IN THE OFFICE OF THE LDLWlPf RECORDER OF SAN BERNARDINO COUNTY. GREGORY 1.SEMI.MBAUM,LS, W.8704 DRC FNOK MHG INC. APRIL 2012 OWNER'S CERTIFICATE SURVEYOR'S STATEMENT HUMNO RE ODDEST IN ME VNJ MAT 9RNIMN AS CREAN BY ARSE NO M0SYE FILE MIS MAP WAS ME REWIRENENIWS a ME DIRECTOR 80105 1 NO AV AND FEW WRAY PREPMADON AND M MPATC a FINS PARCEL MAP Ar ME FEWEST a ICWS REFER COIMRS M MRS.2012 NE CMEBT"CAR TO ME ON OF SAN BERHARM:O. FOR STREET AND NEVIC EFFORT 1 HEREBY STATE THAT Nl MONUMENTS ME OF aK CHARACTER AND CNPY ME PC61DM5 WFPoMS FIOIOYMCAO ANYONE[S•MAN]A SWEET.MBINTYN SEW RANGE NCR MIL SCRUT WDICARD.OR MAT MEY MLL M$LT N MOY WNBWS BY DECEMBER,2014,AND MAr MC AE SEMI HERECH. FNG ON MLL BE LOFIIDENT TO(HARM ME WRAY M M AGREED, MD TAT IS PM a YMPNLY CONFOS S 10 ME CGLMBCNALLY AWROHD TM-TPA MM. 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HETMY BAN MAT DB I MURNMO EASEMENTS Mf HEREBY ABMDCE)By ME ON a SAM DRER-IL I u BEANAROAD NC MORN OM MIS MM: ME EA4HENr FOR WNNAC MO AND MURATA-PURPOSES BECOMING IN SRO MS.PACE BI LAURA H.PD.C.OMN of WE BOAC a YFWNSBb OF afl']M RfCRDS OMNIY OF SAN BFRXMS" BT A oTwrc SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE MIS MM WAS BEEN REED LINDEN VERMONT 410. _ APIs___SAY OR 20-AT__-M.M BOON__OF AT PAGl(S)--__-� ATM RUNWAY OF IN DM M T of B_— oEMIs WAEWI As5E -RECCNR-CDR CONrca SAN MINAROxD "ON RECORDER SEE SHEET 2 FOR ADDITIONAL NOTARY ACKNOWLEDGEMENT, EASEMENT NOTES AND SIGNATURE OMISSIONS Packet P9. 226 7.B.d GROSS ANEA-]].b ACRES NUMBER OF PARaM 3 PARCEL MAP N0. 19330 SHEET 2 OF 6 SHEETS IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA GREGORY T. SCHLARBAUM, L.S. NO. 6704 ORC ENGINEERING INC. APRIL 2012 NOTARY ACKNOWLEDGMENT STATE O CNIHY RP ) A 1111 PUNIC, PMSOULLY MttNSO NO FROV£o TO WE OR ME BANS OF SATMACIOIY ENOIDWE TO BE WE PEASOMS)mw MARTIN)IS/AR[ SUBSCRIBED 10 RK WAIT INSTRUMENT AND ACNIpM[OUD N NE THAT K/NN/THEY EMMI] THE SSE IN NISMRR/MER AUIXOMED CAPASJAZSA 10 1NA1 BY C HISMERIMER SGNAMf(S)M THE INSRUMENi ME MITI ON ME[NOW UPON M BEHALF IN NE(H ME PERSON(S)ACTED,SNEWRO IK INST, IL M 1 MRNFY OHM PEN47Y CE MARY UNDER ME LAMS W THE"AM M CAUKRNA MAY CT ME FOREO MS PARAMAPH IS WE AND WRRECT. NMENS NY NMO. CL N SNNNK__— NY WNIR.SNON ENTRIES PNNY___ MY WYMSICK"M NY _-- NY PRINCIPAL PLACE O SINNERS N MONEY, � A a LET EASEMENT NOTES N Q 1 EASEMENT N FASO]M ME CWNW OF SAN BEAM MO FOR PUNIC NNIWAY v AND NCIDENT&PLPPOMS.MOSSM N O WK LINO,PAM H O dNtlK RECODS QB WNNANIS,COINBNIS,NSINCOtNS ANO EASEMENTS IN ME(AMOUNT KCCAOED N SEEN NITS.PAW S]Of OREM KCONS. © AN[ASEYExT PER INAESN AND EGRESS RECQROFD IN BMN]5]1,PAR Ip3 IN OiMtlN r RECORDS. N OD 1 EAMMENT N FAVOR OT STROM CAOrORNU EON]N MS~TD]PNE ONES Cl AND INORNTN.PURPOSE;RELCMOEO N BOOM 448k PAGE 1]]OF OEFICIAE RENDDS G) L EO PfNCNM fAMMMN IN fASpf R NNI BfAN1OH0 CCINITY,l ONIRO.OS WCT.A N DCOY CORPORATE AND TOTING FOR ONRRGROU WADER ORNNAR MYEAR SD NAM CORFRNAPOE PURPOSES WINES NM SURFACE STRUCTURES AND NORMAL FMPOSES, REMOVE_____.X13 AS INSRUMENY NO, OE OY[IOAL RECORDS. O M M W r SIGNATURE OMISSIONS PE FOUL IN ME TROPISMS S¢CANE M AS THEIR(QXJXA)RE TS ]NNET WI NO AC], M FCLLOAIIG SMANKKN RAW NGI ONIYIEO AN THEIR NIFAESI9 t11gi RIPEN IMO VEL d IIY]OERTAL"POSTS.RECORDED N RAN 2150,PAR 74 MET&RECORDS. NIIIAV .Up G d POPISH OU S.WANT 35 2.PAM NINE HROEAL E O EAMy01T PER DNAE$$MO ECAEA' C R[UAD[D H BCOI]5]].PAM I43 R MROAI RECMDS C t SNMMX CSfMNA N6M GONNA RECEDE N 1 17. 19R FOR POLE OPEN AM V MIICEMiU PURPOSES PER iK OWDYENY flFCMWO MRR I]. p5R IN BNN IRM,PAR @ 11I T RipAL REOtl1pS THE SS RfRNMDND CONTY ROAN CMMR INSOME A My MWOIAN SD EWK a HOOM O PERPETUAL EASIVENN N FAVOR OF SS NAAAROIM CNNIY FOL OARMS NO WATER CONNOTE SATENS NO RANK CONSERVATION NRPOES,1CQMM NM AIRFACE SMWIURES SD NOMMTAL PR POSE%RECEDE➢ 20I3 AS NSIRAMENT N0. O EATON.NECMDS PacketPg. 227 0 CROSS AREA-5145 ACRES SHEET 3 OF B SHEETS BURGER OF PMCR4 J PARCEL MAP N0. 19330 - IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA GREGORY T. SCHLARBAUM, L.S. NO. 6704 ORC ENGINEERING INC. APRIL 2012 N ILL W; 2 STREET xW36'ISw IJ p AM.31'(2]l135A1) RODW(535W'RN_-_ -.l9°]I'(-M6911W `� X -I- . ILIY IIAI'RI B11UL(BIJ.eEW61" BN.IY I Li LS I • ( ) J I--_-------- ll.s'1 r xB93B'aw I hR7.0J N 1 ! 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NOS PM19330 02/26/13 /_1 4,000. l6 IL m N N 6 0 O m L N U 0 M M a c m s U tE Q t8 r ��4. p ja p ( ?t +Z`^1 .. 7,Pr ', i� '�4 y}X.t1 Ip 4y'¢.1Y 1} h. .4 l'0i�1�I1'"�01'Haftt f�:r h ? ; xiw 3.ss�? t�s!s 2'i.fk •.ay. 7 tea:..{Q•',a ' :Q� k.Od .-Si ADO . .`yTc 7.B.e 6 NARU,N P� o - e CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS RECEIPT Activity# :E1200618 TRACT/PM PROCESSING SITE ADDRESS: 701 S ARROWHEAD AVE SB PARCEL: 0136-472-01-0000 LOCATION: NATIONAL ORANGE SHOW - WAREHOUSE & EAST RECEIVED FROM: LCD NOS, LLC o RECEIPT NUMBER: 813001191 M rn a TRANSACTION DATE: 02/27/2013 TOTAL PAYMENT: 4,000.00 m TOTAL PAID FROM TRUST: .00 TOTAL PAID FROM CURRENCY: 4,000.00 a TRANSACTIONS: m N N_ Type Method Description Amount o ---------- -------- --0-0-8-0---------------------- ------------ 0 Payment Check 00080095 9,000.00 m t N 0 TOTAL: 4,000.00 U 0 _ M M T ACCOUNT ITEMS: Description Account Code Current Pmts a ------------------------------ ---------------- ------------ m REFUNDABLE BOND 772-191-2301 4,000.00 £ TOTAL: 4,000.00 m RECEIPT ISSUED BY: DAB INITIALS: DB ENTERED DATE: 02/27/2013 TIME: 03:27 PM COMMENTS NOTICES 1: Per Gary's phone call with Greg Cook @ DRC Engineering said the Final Map has not been submitted yet. The info submitted in May was for support doc's and other plan checks. AGREEMENT (Subdivision Improvements) THIS AGREEMENT is made and entered into as of this �?M day of edr Ut,-, 2013,by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and LCD NOS, LLC, a Delaware Limited Liability Company, hereinafter referred to as"Subdivider." M RECITALS ,o A. WHEREAS, Subdivider has presented to City for approval a final subdivision a map(hereafter called"map") entitled Parcel Map No. 19330;and, N N B. WHEREAS, the map has been filed with the City for presentation to the Mayor w a CL and Common Council (hereinafter collectively called "Council') of the City for its approval, M rn which map is hereby referred to and incorporated herein; and, CL C. WHEREAS, Subdivider has requested approval of the map prior to the a construction and completion of improvements, including all streets,highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called 0 z N "subdivision") designated in the map, all in accordance with, and as required by, the Plans and R Specifications for all or any of said improvements in, appurtenant to, or outside the limits of the M z subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of d E the City;and, D. WHEREAS, Council has approved said map and accepted the dedications therein a offered, or some thereof,on condition that Subdivider first enter into and execute this Agreement with the City;and, E. WHEREAS, this Agreement is executed pursuant to the provisions of the 1 PacketFg.234 Subdivision Map Act of the State of California and Title 19 of the San Bernardino Municipal Code. NOW THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance,the parties agree as follows: M m 1. Performance of Work. Subdivider shall do and perform, or cause to be done and C performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all m a required materials, all to the satisfaction of the City Engineer of City, the work and N improvements within (and/or without) the subdivision to complete the improvements in w CL CL accordance with the Plans and Specifications on file as hereinbefore specified, or with any M r changes required or ordered by said Engineer which, in his opinion, are necessary or required to a Y complete the work. v 2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the Plans and 0= U) Specifications therefor, heretofore approved by City Engineer and which are now on file in his L office,and to the satisfaction of said City Engineer. Y z Z 3. Work: Time for Commencement and Performance. City hereby fixes the time for d E the completion of said work to be within 24 months from the date hereof. cri A 4. Time of Essence—Extension. Time is of the essence of this Agreement;provided a that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the 2 Packet'Pgt 235 bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have 0 been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have M repaired, as the case may be,or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such IL property be owned by the United States, or any agency thereof, or the State of California, or any 0 N N agency or political subdivision thereof, or by the City,or by any public or private corporation, or w a CL by any person whomsoever, or by any combination of such owners. Any such repair or M replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. a 6. Utility Deposits — Statement. Subdivider shall file with the City Clerk, prior to a the commencement of any work to be performed within the area delineated on the map,a written ; 3 statement signed by Subdivider, and each public utility corporation involved, to the effect that r in Subdivider has made all deposits legally required by such public utility corporation for the 0' R connection of any and all public utilities to be supplied by such public utility corporation within A z the Subdivision. d E 7. Permits: Compliance with Law. Subdivider shall,at Subdivider's expense, obtain v R all necessary permits and licenses for the construction of such improvements, give all necessary a notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 19 of the San Bernardino Municipal Code. 8. Superintendence by Subdivider. Subdivider shall give personal superintendence 3 PacketPg. 236 to the work on said improvement,or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress,with authority to act for Subdivider. 9. Inspection by City. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Securitv. Concurrently with the execution hereof, Subdivider shall M T furnish to City improvement security as follows: CL (a) An amount equal to at least one hundred percent (100°/x) of the total estimated 2 m a. cost of the improvement and acts to be performed as security for the faithful LO a� N N performance of this Agreement; s CL (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the M T improvements and acts to be performed as security for the payment of all persons a performing labor and furnishing materials in connection with this Agreement; m a a an , � y (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost c r of the improvements and acts to be performed as security for the guarantee and m R warranty of the work for a period of one (1) year following the completion and M z acceptance thereof against any defective work or labor done, or defective c d E materials furnished. As a part of the obligation guaranteed by the security and in addition to the face a amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the 4 ParkePg.237 form of bonds, deposits or letters of credit as provided in Title 19 of the San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 11. Subdivider's Insurance. Subdivider shall not commence work under this Agreement until Subdivider shall have obtained all insurance required under this paragraph, and such insurance shall have been approved by the City Attorney as to form, amount and carrier, nor M shall Subdivider allow any contractor or subcontractor to commence work on his contract or ,ao FD subcontract until all similar insurance required of the contractor or subcontractor shall have been M a. so obtained and approved. All requirements herein provided shall appear either in the body of Ln rn N the insurance policies or as endorsements and shall specifically bind the insurance carrier. N a CL (a) W__orker's Compensation Insurance/Employer's Liability Insurance. Subdivider M M Of shall maintain, during the life of this Agreement, Worker's Compensation a Insurance and Employer's Liability Insurance for all Subdivider's employees m a employed at the site of improvement, and, in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Worker's s Compensation Insurance and Employer's Liability Insurance for all contractor's 0 P or subcontractor's employees, unless such employees are covered by the R z protection afforded by Subdivider. In case any class of employees engaged in w E work under this Agreement at the site of the project is not protected under any R Worker's Compensation Law, Subdivider shall provide, and shall cause each a contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or 5 PacWt Pg. 238 subcontractor to take out or maintain such insurance. (b) Public Liability and PropWy Damage Insurance. Subdivider shall take out and maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from any and all M claims for damages for personal injury,(as defined hereunder), including death,as C well as from claims for property damage or product liability which may arise a from Subdivider's or any contractor's or subcontractor's operations hereunder, u; N whether such operations be by Subdivider or any contractor or subcontractor, or w v CL by anyone, including, without limitation, agents, employees or independent M M Of contractors, directly or indirectly employed by either Subdivider or any contractor 2 a or subcontractor,and the amounts of such insurance shall be as follows: a (1) Public Liability Insurance. In an amount not less than One Million rn Dollars($1,000,000.00) for injuries, including,but not limited to, death,to c L N any one person, and, subject to the same limit for each person, in an m c R amount not less than One Million Dollars ($1,000,000.00) on account of M z z any one occurrence; Product Liability Insurance coverage should be part v of the Public Liability Insurance; M M_ (2) Property Damage Insurance. In an amount not less than One Million a Dollars ($1,000,000.00) for damage to the property of each person on account of any one occurrence. In the event that any of the aforesaid insurance policies provided for in this 6 Packet Pg.;239 Paragraph 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of cross- liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. 0 (3) Tail Coverage. Insurance coverage, albeit for public liability or property CL rn damage, shall be written, if possible, on an `occurrence" form rather than a "claims made" policy. If the insurance policy is written on a "claims a made" policy, then additional coverage, entitled "tail coverage" must be N purchased to cover a period of one(1)year from completion of the project. w a CL All subcontractors must and shall comply with the same insurance M M provisions as the contractor(s)and subdivider(s). n (4) Personal Injury — Defined. As used herein, the term "personal injury" a shall be defined as a hurt or damage to one's person including, without 3 v, limitation, damage to health, cuts, bruises, broken limbs and/or bones, or 0 s the like, disabilities or impairments, including aggravation of existing R injuries, or invasion of personal rights, including libel, slander, malicious W z prosecution, false imprisonment or mental suffering. d E 12. Evidence of Insurance. Subdivider and contractor shall furnish City,concurrently A with the execution hereof,with satisfactory evidence of the insurance required,and evidence that a City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction in coverage of any policy during 7 PacketPg.240 " the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, liens,demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, M m attorney's/legal fees, and all other expenses incurred by the City arising in favor on any party, CL including claims, liens, debts, demands for lost wages or compensation, personal injuries, a a including employees of the City, death or damages to property (including property of the City) LO M N and without limitation by enumeration, all other claims or demands of every character occurring w a CL or in any way incident to, in connection with or arising directly or indirectly, (including from the M o� negligent performance by its officers, employees, agents) from the terms of this Agreement, a whether such operations/incidents are caused by contractor, Subdivider or any of a, a contractor/Subdivider's subcontractors, contractors or by any one or more persons directly or to indirectly employed by or acting as agent for contractor, Subdivider, or any one of contractor or O L rn Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, R respond to, provide defense for and defend any such claims, demand, or suit at the sole expense z of the Subdivider/Developer even if the claim or claims alleged are groundless, false or N E fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, M m officers, agents and employees from any suits or actions at law or in equity for damages caused, a or alleged to have been caused,by reason of any of the aforesaid operations,provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the 8 Pac tPg.241 acceptance by City, or by deposit with City by Subdivider, or any of the insurance policies described in Paragraph 11 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered,by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans M m and/or Specifications for the subdivision, or regardless of whether or not such m insurance policies shall have been determined to be applicable to any of such M a. damages or claims for damages. m N This provision is not intended to create any cause of action in favor of any third party against w CL Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's liability M rn but is intended solely to provide for indemnification of the City from liability for damage or a injuries to third persons or property arising from Subdivider/Developer's performance hereunder. rn a 14. Title to Improvements. Title to, and ownership of, all improvements constructed in hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such 0 r in improvements by City. L 15. Repair or Reconstruction of Defective Work. If, within a period of one year after A z final acceptance of the work performed under this Agreement, any structure or part of any m E structure furnished and/or installed or constructed, or caused to be installed or constructed by v R Subdivider, or any of the work done under this Agreement,fails to fulfill any of the requirements a of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in 9 Packet Pg.242 accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option,make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent(15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents M or contractors are, or shall be, considered to be agents of City in connection with the o performance of Subdivider's obligations under this Agreement. m IL 17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all N N PIL permit fees for all engineering inspections and other services connected with the City in regard to w a CL the subdivision. Said fees shall be paid prior to commencing any construction. M M 01 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution a of the work, or any severable part thereof, with such diligence as will insure its completion a within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make 0 s a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's M z contractors, subcontractors, agents or employees, should violate any of the provisions of this d Agreement, City Engineer or City Council may serve written notice upon Subdivider and R subdivider's surety of breach of this Agreement, or of any portion thereof, and default of a Subdivider. 19. Breach of Agreement, Performance by Surety or CitiX. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the 10 Packet Pg,"243 improvement herein specified; provided, however, that if the surety, within five days after the service of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or M rn P damages occasioned City thereby; and, in such event, City, without liability for so doing, may CL take possession of, and utilize in completing the work, such materials, appliances,plant and other a property belonging to Subdivider as may be on the site of the work and necessary therefor. Ln W N 20. Notices. All notices herein required shall be in writing, and delivered in person or CL CL sent by registered mail,postage prepaid. M M T (a) Notices required to be given to City shall be addressed as follows: g t a City Manager City Hall a a 300 North"D" Street � San Bernardino, California 92418 3 0 (b) Notices required to be given to Subdivider shall be addressed as follows: N d rn LCD NOS, LLC Mr. John M. Goodman O 1156 N. Mountain Avenue z Upland, CA 91785 c W E (c) Notices required to be given to surety of Subdivider shall be addressed as follows: A Cash was posted in lieu of a bond. a Provided that any party or the surety may change such address by notice in writing to the other party, and,thereafter,notices shall be addressed and transmitted to the new address. 21. Successors Bound. This Agreement shall be binding upon and inure to the benefit 11 Packet Pg.244' of each of the parties and their respective legal representatives, successors,heirs and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF SAN BERNARDINO SUBDIVIDER LCD NOS, LLC, a Delaware Limited Liability Company M By: Lewis Operating Corp., a California By: Corporation,Its Manager R Allen Parker City Manager By: J M. Goodman Ln ATTEST: nior VP,CEO,CFO N w a Georgeann Hanna,City Clerk M a Approved as to form: James F. Penman, a City Attorney a U) 3 By: s d rn c A O A z c m E L U A Q 12 Packet Pg.245 w INSTRUCTIONS If the Subdivider is a corporation, the Agreement must be executed in the corporate name and signed by the President or a Vice-President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed by all partners. If the subdivider is an individual doing business under a fictitious name, it M must be signed by all persons having an interest in the business, and the fictitious name must R be signed also. The Agreement must be notarized. o a n rn N N w C CL O M M _T a E rn a a y 3 0 L w d rn c O m 2 C d E M G R Q 13 Packet CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,R State of California 1 County of SATI QE2A/f}12A�/a J} On r4,-vLVT, AD/3 before me, F_-bAr/f A - Mo:v7ACf :/a T. Y Pu/d>i-c le mere Insert Name eM Tiae of the efacer personally appeared — Jof-S✓ m Croo�r»rt�/ Names)of SlWeN&) O M M QI who proved to me on the basis of satisfactory evidence to a be the person(s) whose name(t) is/are subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/hedfHeir authorized capacity(ies), and that by his/hedtheir signature(,) on the instrument the erson a p (Sy, or the entity upon behalf of _ which the person(k) acted, executed the instrument. m N EDNA A.MONTAG `= Commission# 1935516 1 certify under PENALTY OF PERJURY under the laws w a ;.W Notary Public-California of the State of California that the foregoing paragraph is a ? - San Bernardino County true and correct. ° ]7.+- My Comm. Expires Jun 4,2015 J `y M WITNESS my hand and official seal. m Signature E Place Notary Seal Above Stgnatore of Notary PcHk UP OPTIONAL a Though the information below is not required by law,It may prove valuable to persons relying on the document a and could prevent fraudulent removal and reattachment of this form to another document. V) Description of Attached Document o Title or Type of Document: r/&9J5EM6�'7 CS✓BDFWy'SZxr� .Z7nPRDJEmevi S N v rn Document Date: fl,�Sr2Utf2Y 61C/ a013 Number olPages: 13 � S s)Other Than Named Above: O R Capacity(ies) C by Signer(s) z c v Signer's Name: Signer's Name: _ _ E • Individual ❑Individu v • Corporate Officer—Title(s): ❑C orate Officer—Title(s): _ 6 ❑ -Partner—❑Limited ❑General er—❑ Limited ❑General Q ❑ Attorney in Fact ❑Attorney act r 11 TYustee rop of m, Here ❑Trustee Top Of mumb here ❑ Guardian or Conservator ❑Guardian or Conserve ❑ Other: ❑Other: Signer Is Repress g: Signer Is Representing: 020W National Notary ASexiallon•9350 De Soto Ave.,P.0,Box 2402•Chotsvrorth,CA 91313-2402•vn"vNallonal heyorg Items5907 Reorder:Col1ol-Frea1E00-B7&6e27 Packet Pg.247 CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: A Resolution of the Mayor and Common Council of the City of San Bernardino Certifying the Final Environmental Impact Report for the National Orange Show Industrial Project,Adopting the Facts, Findings and Statement of Overriding Considerations, Adopting the Mitigation Monitoring and Reporting Program, and Approving General Plan Amendment No, 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04 OWNER: APPLICANT: National Orange Show Lewis Retail Centers c/o: Dan Jimenez c/o:Timothy C.Reeves 689 South E Street 1156 N.Mountain Avenue o Diamond Bar, CA 91765 San Bernardino, CA 92408 rn CL m BACKGROUND On March 28, 2012, the Planning Commission recommended that Mayor and Common Council approve General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330(Subdivision No a 11-02) and Development Permit 2 No. 11-04,to change the General Plan land use designation of 37.18 acres from Public Commercial Recreation (PCR) and Commercial Heavy (CH) to N Industrial Light (IL) and a proposal to subdivide the portion of the project site north of Central Avenue of approximately 33 acres into three parcels for development of four industrial buildings, Q totaling 752,710 square feet. The project site is bounded by Arrowhead Avenue to the west, Esperanza Street and its extension on the north, a flood control channel on the east, and Central Avenue to the South. In addition, portions of the project are also located south of Central Avenue, at the southeast corner of Central and Arrowhead Avenues, and in an area that extends north of the main site between the extension of Esperanza and Mill Streets (Location Map - Attachment 1). d E The applicant requests that the Mayor and Common Council approve General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04 subject to conditions as recommended by the Planning Commission at their meeting of a March 28, 2012. The Planning Commission voted in favor of the proposed amendment and the proposed project. Commissioners Coute, Durr, Heasley, Lopez, Machen, Mulvihill, and Rawls voted in support of the motion and Commissioner Jimenez abstained. The proposed development will be constructed in one phase and the project site has been designed to accommodate four industrial warehouse facilities, with related on-site parking and loading improvements and landscaping on approximately 37.18 acres. The buildings range from 27,810 square feet to 616,000 square feet. The building heights range from 30 feet to 38 feet. Local _vehicular/truck access to Buildings A, B, C and D will be on Arrowhead Avenue. Additional direct vehicular access to the project site for Buildings A and B will be on Central Avenue and Esperanza Street, and Mill Street for Buildings C and D. A combination of PacketPg. 248 GPA 11-04, TPM19330&DP2 11-04 Hearing Date:April 16, 2012 Page 2 landscaping, berms,wrought iron fence with pilasters and the general elevation of the project site will work together to screen views of loading activities on the site. Other activities associated with the development proposal include grading, extension of utilities to the site, construction of on-site storm drain and water quality basin. The proposal includes on- site infrastructure improvements related to vehicular access and circulation, water supply and wastewater conveyance, and electrical power and natural gas extension to the site. Furthermore, the proposed project will install approximately 10 acres of solar panels on the roof of Building A, which will generate approximately a total of 5.9 million kilowatts per year of energy in the San Bernardino area. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) An Environmental Impact Report (EIR) has been prepared in accordance with CEQA. The EIR identifies potentially significant impacts of the project, discusses avoidance measures incorporated in the project design, and numerous mitigation measures proposed to further reduce g potential impacts of the project. Mitigation measures presented in the EIR have been included in M the Mitigation Monitoring/Reporting Program (MM/RP)which is attached as Attachment D, and also incorporated by reference in the Conditions of Approval (Attachment C). Key mitigation measures applied as conditions of approval include installing traffic signals at the intersections of Arrowhead and Central Avenues and Mountain Avenue and Mill Street. R a The mitigation measures in the MM/RP will reduce most impacts of the project to less-than- significant levels. However, certain air quality and traffic impacts will not be fully mitigated, N despite incorporation of substantial air quality and traffic mitigation. Therefore, a statement of r overriding conditions must be adopted in order to approve the project. The following impacts are $ significant and unavoidable: rY �o • The proposed project will exceed the South Coast Air Quality Management District N (SCAQMD)regional significance thresholds for NOx(Nitrogen Oxide). • Short-term and Long-term operational emissions of VOC (Volatile Organic Compound) and NOx are over the SCAQMD's significance thresholds. • Segments of the I-215 Freeway would operate at LOS"F". s U N The following aspects of the project are cited in the Statement of Overriding Considerations as benefits that warrant approval of the project despite the significant impacts: • The project would bring employment opportunities to the City. • Development of the site would improve the tax base/City revenues. • The project would improve the image of the area with new construction. FINANCIAL IMPACT Increased property tax and sales tax of an undetermined amount to accrue to the City. RECOMMENDATION That the hearing be closed and the Mayor and Common Council adopt the Resolution to: GPA 11-04, TPUI9330&DP2 11-04 Hearing Date;APHI 16, 2012 Page 3 1. Certify the Environmental Impact Report (SCH#201107017). 2. Adopt the Facts,Findings and Statement of Overriding Considerations. 3. Adopt the Mitigation Monitoring/Reporting Program. 4. Approve General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04 based on the findings of fact in the Staff Report and subject to the Conditions of Approval. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Planning Commission Staff Report Dated March 28,2012 4. Draft Planning Commission Minutes March 28,2012 Resolution: Exhibit 1 0 Exhibit 2 M Exhibit 3 CL Exhibit 4 d U A a rn N N O Q d tY U) U U c m E t U R a Packet,Pgg 250