DRAWN BY:
CAD FILE NAME:
RGA PROJECT NO:
MG
JH
18107-00-A1-04-A
18107.00
FIRE ACCESS PLAN 7/21/20 CONCEPTUAL SITE PLAN
SCALE: 1" = 100'-0"
X X X
X
X
C/L 23' CLF GATE
C/L 29' MTL GATE
ACCESS POINT
ACCESS POINT
OVERHEAD WIRES OVERHEAD WIRES OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
EX. FIBER OPTIC LINE
EXISTING BUILDING
UTILI
TY
'A'
UTILI
TY
'B'
UTILI
TY
'C'
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
2,000 KW
GENSET
(90,000 LBS)
16'-0" MAX.
HEIGHT
1,108'
50'
40'
63'
240'
86'
30'
26'
MIN.
30' 20'
64'
45'
50'
60'
49 5
35 75
81 88
83 30
10 10
2 10
8 4
8 10
7 5 10 10 10 10 10 10 10 7 10 10 10 10 10 10 10 10 10 10 8 6
5 21
12 10
3 26'
26' 26'
26'
26'
26'
26'
26'
26'
12/16/20 PLANNING SUBMITTAL
A G U A M A N S A R O A D
0' 20' 50' 100' 200'
A G U A M A N S A R O A D
GATE
1500 W. AGUA MANSA LOGISTICS CENTER
GATE
GATE
S A N T A A N A R I V E R
GATE
OFFICE
AREA
OFFICE
AREA
OFFICE
AREA
0260-072-08, 12 & 12
0275-041-07, 08, 09, 27, 28, 29, 30, 31
ASSESSORS PARCEL NUMBERS
BUILDING 1
BUILDING 2
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
COLTON FIRE DEPARTMENT ACCESS & WATER PLAN NOTES:
INSPECTION REQUIREMENTS
1. COLTON SITE INSPECTIONS ARE REQUIRED FOR THIS PROJECT. PLEASE SCHEDULE ALL FIELD INSPECTIONS AT LEAST 72 HOURS IN ADVANCE. INSPECTIONS CANCELED AFTER 1 P.M. ON THE DAY BEFORE THE SCHEDULED DATE WILL BE SUBJECT TO A RE-INSPECTION FEE. CALL (909) 370-5553 TO SCHEDULE AN INSPECTION.
2. A LUMBER DROP INSPECTION SHALL BE PERFORMED PRIOR TO BRINGING COMBUSTIBLE MATERIALS (OR COMBUSTIBLE FIXTURES AND FINISHES FOR STRUCTURES OF NON-COMBUSTIBLE CONSTRUCTION).
ALL-WEATHER ACCESS ROADS CAPABLE OF SUPPORTING 75,000 LBS., TOPPED WITH ASPHALT, CONCRETE, OR EQUIVALENT SHALL BE IN PLACE AND HYDRANTS OPERATIONAL AT TIME OF LUMBER DROP INSPECTION.
A. FOR BUILDINGS OF TYPE IV AND TYPE V CONSTRUCTION (AND NON-COMBUSTIBLE STRUCTURES
THAT MAY HAVE A PORTION OF THE EXTERIOR WALLS, FACADE OR OTHER BUILDING ELEMENTS
COMPRISED OF WOOD OR OTHER COMBUSTIBLE MATERIAL), A LUMBER DROP INSPECTION SHALL OCCUR PRIOR TO BRINGING COMBUSTIBLE BUILDING MATERIALS ON-SITE.
B. FOR OTHER CONSTRUCTION TYPES (TYPE I,II, III) WITH EXTERIOR WALLS BUILT OF
NON-COMBUSITBLE MATERIALS, AN INSPECTION SHALL OCCUR PRIOR TO COMMENCING INTERIOR CONSTRUCTION INVOLVING COMBUSTIBLE MATERIALS (E.G. WOODEN MEZZANINES OR PARTITION WALLS, CARPET, CABINETRY OR OTHER WOODWORK, FURNITURE, ETC.). IN CONCRETE
TILT-UP AND MASONRY BUILDINGS, WOODEN PANELIZED ROOFING SYSTEMS ARE EXEMPT FROM THIS REQUIREMENT.
3. FOR PROJECTS WITH FUEL MODIFICATION, A VEGETATION CLEARANCE INSPECTION IS REQUIRED PRIOR TO A LUMBER DROP INSPECTION. USE THE FUEL MODIFICATION PLAN SERVICE REQUEST NUMBER TO SCHEDULE THE VEGETATION CLEARANCE INSPECTION.
4. PHASED INSTALLATION OF FIRE ACCESS ROADS REQUIRES ADDITIONAL INSPECTIONS NOT COVERED BY THE FEES PAID AT PLAN SUBMTITAL. CONTACT (909) 370-5553 TO ARRANGE FOR ADDITIONAL INSPECTIONS THAT MAY BE NEEDED AND ANY FEES THAT MAY BE DUE.
5. AN ORIGINAL APPROVED, SIGNED, WET-STAMPED COLTON FIRE ACCESS & WATER PLAN SHALL BE AVAILABLE ON-SITE AT TIME OF INSPECTION.
6. ACCESS ROADS AND HYDRANTS SHALL BE MAINTAINED AND REMAIN CLEAR OF OBSTRUCTIONS AT ALL TIMES DURING AND AFTER CONSTRUCTION. AREAS WHERE PARKING IS NOT PERMITTED SHALL BE CLEARLY IDENTIFIED AT ALL TIMES. OBSTRUCTION OF FIRE LANES AND HYDRANTS MAY RESULT IN CANCELLATION OR SUSPENSION OF INSPECTIONS.
7. TEMPORARY FUEL TANKS OF 60 OR MORE GALLONS SHALL BE REVIEWED, INSPECTED, AND PERMITTED BY THE CITY OF COLTON PRIOR TO USE.
8. THE PROJECT ADDRESS SHALL BE CLEARLY POSTED AND VISIBLE FROM THE PUBLIC ROAD DURING CONSTRUCTION.
9. ALL GATES IN CONSTRUCTION FENCING SHALL BE EQUIPPED WITH EITHER A KNOX OR BREAKAWAY PADLOCK.
10. BUILDINGS OF FOUR OR MORE STORIES SHALL BE PROVIDED WITH STAIRS AND A STANDPIPE BEFORE REACHING 40 FEET IN HEIGHT.
GENERAL REQUIREMENTS
11. FIRE LANE WIDTHS SHALL BE MEASURED FROM TOP FACE OF THE CURB TO TOP FACE OF THE CURB FOR
FIRE LANES WITH STANDARD CURBS AND GUTTERS AND FROM FLOW-LINE TO FLOW-LINE FOR FIRE LANES WITH MODIFIED CURB DESIGNS (E.G. ROLLED, RAMPED, ETC.). THE DEVELOPER IS RESPONSIBLE TO VERIFY
THAT ALL APPROVED PUBLIC WORKS OR GRADING DEPARTMENT STREET IMPROVEMENT PLANS OR PRECISE
GRADING PLANS CONFORM TO THE MINIMUM STREET WIDTH MEASUREMENTS PER THE APPROVED COLTON FIRE DEPARTMENT ACCESS & WATER GUIDELINE FOR ALL PORTIONS OF THE FIRE ACCESS ROADS.
12. PERMANENT, TEMPORARY, AND PHASED EMERGENCY ACCESS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT AN IMPOSED LOAD OF 75,000 LBS. AND SURFACED TO PROVIDE ALL-WEATHER DRIVING CAPABILITES.
13. FIRE LANE SIGNS AND RED CURBS SHALL MEET THE SPECIFICATIONS SHOWN IN THE COLTON FIRE DEPARTMENT ACCESS & WATER GUIDELINE AND SHALL BE INSTALLED AS DECRIBED THEREIN. ADDITIONAL FIRE LANE MARKINGS MAY BE REQUIRED AT THE TIME OF INSPECTION DEPENDING ON FIELD CONDITIONS.
14. ALL FIRE HYDRANTS SHALL HAVE A "BLUE REFLECTIVE PAVEMENT MARKER" INDICATING THEIR LOCATION PER THE COLTON STANDARD. ON PRIVATE PROPERTY MARKERS ARE TO BE MAINTAINED IN GOOD CONDITION BY THE OWNER.
15. ADDRESS NUMBERS SHALL BE LOCATED AND BE OF A COLOR AND SIZE SO AS TO BE PLAINLY VISIBLE
AND LEGIBLE FROM THE ROADWAY FROM WHICH THE BUILDING IS ADDRESSED IN ACCORDANCE WITH COLTON FIRE DEPARTMENT ACCESS & WATER GUIDELINE.
16. ACCESS GATES SHALL BE APPROVED PRIOR TO INSTALLATION AND SHALL BE IN COMPLIANCE WIHT CHAPTER 5 OF THE CFC AND COLTON FIRE ACCESS & WATER GUIDELINE.
17. APPROVED ACCESS WALKWAYS SHALL BE PROVIDED TO ALL REQUIRED OPENINGS AND ALL RESCUE WINDOWS.
17. APPROVED ACCESS WALKWAYS SHALL BE PROVIDED TO ALL REQUIRED OPENINGS AND ALL RESCUE WINDOWS.
18. VEGETATION SHALL BE SELECTED AND MAINTAINED IN SUCH A MANNER AS TO ALLOW IMMEDIATE
ACCESS TO ALL HYDRANTS, VALVES, FIRE DEPARTMENT CONNECTIONS, PULL STATIONS, EXTINGUISHERS,
SPRINKLER RISERS, ALARM CONTROL PANELS, RESCUE WINDOWS AND OTHER DEVICES OR AREAS USED FOR FIREFIGHTING PURPOSES. VEGETATION OR BUILDING FEATURES SHALL NOT OBSTRUCT ADDRESS NUMBERS OR INHIBIT THE FUNCTIONING OF ALARM BELLS, HORNS OR STROBES.
19. DUMPSTERS AND TRASH CONTAINERS LARGER THAN 1.5 CUBIC YARDS SHALL NOT BE STORED IN BUILDINGS OR PLACED WITHIN 5 FEET OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE ROOF EAVE LINES UNLESS PROTECTED BY AN APPROVED SPRINKLER SYSTEM.
20. ANY FUTURE MODIFICATION TO THE APPROVED FIRE DEPARTMENT ACCESS & WATER PLAN OR APPROVED
SITE PLAN, INCLUDING BUT NOT LIMITED TO ROAD WIDTH, GRADE, SPEED HUMPS, TURNING RADII, GATES OR OTHER OBSTRUCTIONS, SHALL REQUIRE REVIEW, INSPECTION, AND APPROVAL BY THE CITY OF COLTON.
21. APPROVAL OF THIS PLAN SHALL NOT BE CONSTRUED AS APPROVAL OF ANY INFORMATION OR PORJECT
CONDITIONS OTHER THAN THOSE ITEMS AND REQUIREMENTS IDENTIFIED IN COLTON FIRE DEPARTMENT ACCESS & WATER GUIDELINE AND RELATED PORTIONS OF THE CFC AND CBC. THIS PROJECT MAY BE
SUBJECT TO ADDITIONAL REQUIREMENTS NOT STATED HEREIN UPON EXAMINATION OF ACTUAL SITE AND PROJECT CONDITIONS OR DISCLOSURE OF ADDITIONAL INFORMATION. 53'
40'
11' 70'
PROJECT DATA - BUILDING 2
SITE AREA:
GROSS
BUILDING AREA:
GROUND FLOOR
MEZZANINE
FIRE PUMP HOUSE
TOTAL
COVERAGE:
PARKING REQUIRED:
10,000 SF OFFICE (1/250)
0-10K SF WAREHOUSE (1/1000)
10K SF + WAREHOUSE (1/2000)
TOTAL REQUIRED
PARKING PROVIDED:
PROVIDED STALLS
LANDSCAPE REQUIRED:
LANDSCAPE PROVIDED:
DOCK HIGH DOOR POSITIONS:
TRAILER PARKING POSITIONS:
1,045,355 SF / 24.00 AC
456,000 SF
0 SF
445 SF
456,445 SF
43.66 %
40 STALLS
10 STALLS
219 STALLS
269 STALLS
270 STALLS
156,803 SF / 15.00%
181,725 SF / 17.38%
79 141
PROJECT DATA - BUILDING 1
SITE AREA:
GROSS
BUILDING AREA:
GROUND FLOOR
MEZZANINE
FIRE PUMP HOUSE
TOTAL
COVERAGE:
PARKING REQUIRED:
20,506 SF OFFICE (1/250)
0-10K SF WAREHOUSE (1/1000)
10K SF + WAREHOUSE (1/2000)
TOTAL REQUIRED
PARKING PROVIDED:
PROVIDED STALLS
LANDSCAPE REQUIRED:
LANDSCAPE PROVIDED:
DOCK HIGH DOOR POSITIONS:
TRAILER PARKING POSITIONS:
1,524,685 SF / 35.00 AC
396,457 SF
77,564 SF
0 SF
474,021 SF
31.09 %
82 STALLS
10 STALLS
222 STALLS
314 STALLS
114 STALLS
228,703 SF / 15.00%
237,372 SF / 15.57 %
49 378
1.1.h
Packet Pg. 275 Attachment: Attachment 8_ Plans for 95 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 8_ Plans for 95 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 8_ Plans for 95 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 8_ Plans for 95 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 8_ Plans for 95 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Packet Pg. 280
Attachment: Attachment 8_ Plans for 95 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building) All rights reserved. The artwork depicted herein are copyright and are the exclusive property of North American Signs and as such cannot be reproduced in whole or in part without written permission by North American Signs.
Brandbook is the property of Lineage Logistics.
Brand
Style
Location
Color
Name
Brand
Style
Location
Color
Name Name
PTE - Exterior Paint
Version: 2.3
12-14-2020 18
Roof Accent Stripe, Small
Squares, Metal Fascia, Concrete
Column
All Light Poles, Foundation
Wall Below Floor Line
PTE1 PTE2 PTE3
Sherwin-Williams Sherwin-Williams
Location
Concrete Wall Panels,
Exterior Doors & Frames at
Loading Dock
Style
Exterior Smooth
Brand
Sherwin-Williams
Exterior Flat Exterior Flat
Custom Match Custom Match Custom Match
7006 Extra White 3015 Lineage Blue Pantone Cool Grey 8
All Shown
Color
1.1.h
Packet Pg. 281 Attachment: Attachment 8_ Plans for 95 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building) RGA
Office of Architectural Design
15231 Alton Parkway, Suite 100
Irvine, CA 92618
T 949-341-0920
FX 949-341-0922
1500 AGUA MANSA, COLTON SHEET TITLE
MARK DATE DESCRIPTION A1-01-A
COPYRIGHT: RGA, OFFICE OF ARCHITECTURAL DESIGN
CHK'D BY:
DRAWN BY:
CAD FILE NAME:
RGA PROJECT NO:
MG
JH
18107-00-A1-01-A
18107.00
OVERALL SITE PLAN 7/21/20 CONCEPTUAL SITE PLAN
SCALE: 1" = 100'-0"
12/16/20 PLANNING SUBMITTAL
03/02/22 PLANNING SUBMITTAL
X X X
X
X
C/L 23' CLF GATE
C/L 29' MTL GATE
ACCESS POINT
ACCESS POINT
OVERHEAD WIRES OVERHEAD WIRES OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
EX. FIBER OPTIC LINE
EXISTING BUILDING
UTILI
TY
'A'
UTILI
TY
'B'
UTILI
TY
'C'
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
2,000 KW
GENSET
(90,000 LBS)
16'-0" MAX.
HEIGHT
1,108'
50'
40'
63'
240'
86'
53'
30'
26'
20' 40'
MIN.
30'
11' 70'
64'
45'
50'
60'
49 5
35 75
81 88
83 30
10 10
2 10
8 4
8 10
7 5 10 10 10 10 10 10 10 7 10 10 10 10 10 10 10 10 10 10 8 6
5 21
12 10
3 A G U A M A N S A R O A D
0' 20' 50' 100' 200'
A G U A M A N S A R O A D
GATE
410'
183'
1500 W. AGUA MANSA LOGISTICS CENTER
GATE
220'
104'
41'
VICINITY MAP
PROJECT SITE
215
10 AGUA MANSA DRIVE
RIVERSIDE AVENUE
SANTA ANA RIVER
LA CANEDA DRIVE
RANCHO AVENUE
PROJECT DESCRIPTION
A DISTRIBUTION WAREHOUSE FACILITY CONSISTING OF A WAREHOUSE AND OFFICE FACILITY TOTALING 456,445 SF ON 24 ACRES.
A REFRIDGERATED DISTRIBUTION WAREHOUSE FACILITY CONSISTING OF A WAREHOUSE AND OFFICE FACILITY TOTALING 457,743 SF ON 35 ACRES.
OWNER / DEVELOPER:
IDI LOGISTICS
840 APOLLO STREET, SUITE 100
EL SEGUNDO, CA 90245
PHONE: 714-769-9155
FAX: 714-685-1500
E-MAIL: [email protected]
CONTACT: STEVE HOLLIS
ARCHITECT:
RGA, OFFICE OF ARCHITECTURAL DESIGN
15231 ALTON PARKWAY, SUITE 200
IRVINE, CA 92618
PHONE: 949-341-0920
FAX: 949-341-0922
E-MAIL: [email protected]
CONTACT: JACOB HUBER
CIVIL ENGINEER:
THIENES ENGINEERS, INC.
14349 FIRESTONE BLVD.
LA MIRADA, CA 90638
PHONE: 714-521-4811
FAX:
E-MAIL: [email protected]
CONTACT: CESAR RAYMUNDO
LANDSCAPE ARCHITECT:
HUNTER LANDSCAPE
711 S. FEE ANA STREET
PLACENTIA, CA 92870
PHONE: 714-986-2400
FAX:
E-MAIL: [email protected]
CONTACT: TOM HAYES
1. PAINTED CONCRETE TILT-UP WAREHOUSE / OFFICE / MANUFACTURING FACILITY.
BUILDING TO BE DESIGNED FOR MIN. 90 MPH WINDS WITH 104 MPH GUSTS.
2. SHADED AREA: PROPOSED IRRIGATED LANDSCAPING PER GUIDELINES WITH MIN 6" CONCRETE CURBS AT ALL INTERIOR PERIMETERS.
3. TYPICAL STANDARD PARKING STALL MIN. 9' X 20' (OR 18' + 2' OVERHANG) - STRIPE PER STANDARDS.
4. ACCESSIBLE BUILDING ENTRY WITH ADJACENT BICYCLE RACKS.
5. PAVED TRUCK YARD.
6. DOCK HIGH TRUCK DOOR. SEE ELEVATIONS FOR ADDITIONAL INFO.
7. GRADE LEVEL RAMP DOOR. SEE ELEVATIONS FOR ADDITIONAL INFO.
8. 3' X 7' METAL EXIT DOOR.
9. ON SITE ACCESSIBLE SIDEWALK AND CURB RAMPS.
10. NEW CURB CUT INSTALLED PER CITY STANDARDS.
11. NOT USED
12. NEW 14'-0" HIGH PAINTED CONCRETE TILT-UP SCREEN WALL.
13. ROLLING / SWINGING TUBULAR STEEL SECURITY GATE WITH KNOX BOX FOR FIRE DEPARTMENT ACCESS..
14. 8'-0" BLACK HIGH TUBULAR STEEL FENCE WHERE NOTED.
15. APPROX. SITE LIGHT STANDARD LOCATION. APPROX. 25 FT. HIGH POLE ON 4' HIGH CONCRETE BASE. POLES AND FIXTURES ARE WHITE. LED LIGHT SOURCE.
16. LOCATION OF COMPACTOR AT DOCK DOOR.
17. LOCATION OF COVERED TRASH ENCLOSURE PER COLTON CITY STANDARDS.
18. LOCATION OF EXTERIOR FIRE PUMP BUILDING
19. LOCATION OF FIRE WATER STORAGE TANK
PROJECT DATA - BUILDING 2 KEYNOTES X
SITE AREA:
GROSS
BUILDING AREA:
GROUND FLOOR
MEZZANINE
FIRE PUMP HOUSE
TOTAL
COVERAGE:
PARKING REQUIRED:
10,000 SF OFFICE (1/250)
0-10K SF WAREHOUSE (1/1000)
10K SF + WAREHOUSE (1/2000)
TOTAL REQUIRED
PARKING PROVIDED:
PROVIDED STALLS
LANDSCAPE REQUIRED:
LANDSCAPE PROVIDED:
DOCK HIGH DOOR POSITIONS:
TRAILER PARKING POSITIONS:
1,045,355 SF / 24.00 AC
456,000 SF
0 SF
445 SF
456,445 SF
43.66 %
40 STALLS
10 STALLS
219 STALLS
269 STALLS
270 STALLS
156,803 SF / 15.00%
181,725 SF / 17.38%
79 141
PROJECT DATA - BUILDING 1
SITE AREA:
GROSS
BUILDING AREA:
GROUND FLOOR
MEZZANINE
FIRE PUMP HOUSE
TOTAL
COVERAGE:
PARKING REQUIRED:
20,506 SF OFFICE (1/250)
0-10K SF WAREHOUSE (1/1000)
10K SF + WAREHOUSE (1/2000)
TOTAL REQUIRED
PARKING PROVIDED:
PROVIDED STALLS
LANDSCAPE REQUIRED:
LANDSCAPE PROVIDED:
DOCK HIGH DOOR POSITIONS:
TRAILER PARKING POSITIONS:
1,524,685 SF / 35.00 AC
396,457 SF
77,564 SF
0 SF
474,021 SF
31.09 %
82 STALLS
10 STALLS
222 STALLS
314 STALLS
114 STALLS
228,703 SF / 15.00%
237,372 SF / 15.57 %
49 378
6' 40' 5' 18' 26' 18'
5'
18' 26' 18'
18' 26' 18'
20'-6"
8' 37' 45' 8'
45' 45'
90'
110'-6"
EASEMENT
25'
50'
EASEMENT
21'-5"
EASEMENT
S A N T A A N A R I V E R
20' 26' 20' 10'
916'-5"
440'
51'
20'
45'
45'
90'
37'
8'
26'
17'-6"
EASEMENT
1 1
3 3
3 2
4 4
4 5
5 6
6 7
7 7
8 8
9 10
10 10
10 12
12 13
14 14
14 14
12 13
30'
EASEMENT
30'
EASEMENT
GATE
42'
75'
40'
OFFICE
AREA
OFFICE
AREA
OFFICE
AREA
21'-5"
133'
20'-0"
0260-072-08, 12 & 12
0275-041-07, 08, 09, 27, 28, 29, 30, 31
ASSESSORS PARCEL NUMBERS
BUILDING 1
BUILDING 2
ZONE AE
ZONE X
ZONE AE
16 17
17 GATE
ELECTRICAL
ROOM
ELECTRICAL
ROOM
18 19
1.1.i
Packet Pg. 282 Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building) RGA
Office of Architectural Design
15231 Alton Parkway, Suite 100
Irvine, CA 92618
T 949-341-0920
FX 949-341-0922
SHEET TITLE
MARK DATE DESCRIPTION A1-02-A
COPYRIGHT: RGA, OFFICE OF ARCHITECTURAL DESIGN
CHK'D BY:
DRAWN BY:
CAD FILE NAME:
RGA PROJECT NO:
MG
JH
18107-00-A1-02-A
18107.00
FENCE PLAN 7/21/20 CONCEPTUAL SITE PLAN
SCALE: 1" = 100'-0"
1500 AGUA MANSA, COLTON
1500 W. AGUA MANSA INDUSTRIAL WAREHOUSE PROJECT
X X X
X
X
C/L 23' CLF GATE
C/L 29' MTL GATE
ACCESS POINT
ACCESS POINT
OVERHEAD WIRES OVERHEAD WIRES OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
EX. FIBER OPTIC LINE
EXISTING BUILDING
UTILI
TY
'A'
UTILI
TY
'B'
UTILI
TY
'C'
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
2,000 KW
GENSET
(90,000 LBS)
16'-0" MAX.
HEIGHT
12/16/20 PLANNING SUBMITTAL
1,108'
50'
40'
63'
240'
86'
53'
30'
26'
20' 40'
MIN.
30'
11' 70'
64'
45'
50'
60'
49 5
35 75
81 88
83 30
10 10
2 10
8 4
8 10
7 5 10 10 10 10 10 10 10 7 10 10 10 10 10 10 10 10 10 10 8 6
5 21
12 10
3 A G U A M A N S A R O A D
0' 20' 50' 100' 200'
A G U A M A N S A R O A D
GATE
GATE
GATE
S A N T A A N A R I V E R
GATE
FENCE AND WALL LEGEND
8'-0" BLACK PAINTED TUBULAR STEEL
PICKET FENCE.
12'-0" PAINTED CONCRETE SCREEN WALL
PAINT AND REVEALS
NOTES:
1. SEE SITE PLAN FOR LOCATION.
2. GRIND ALL WELDS SMOOTH.
3. ALL STEEL WORK TO BE A-434 & SHOP PRIMED. PAINT FLAT BLACK TWO COATS.
4. CONTRACTOR TO SUBMIT DETAILED SHOP DWGS. FOR APPROVAL PRIOR TO FABRICATION.
5. PROVIDE CONT. 6" X 6" CONC. MOW STRIP UNDER FENCE ONLY WHEN FENCE IS ADJACENT TO TURF AREAS.
6. USE 4" SQ. 11 GA. STEEL POST W/ PRESSED STEEL CAP AT ALL END AND CORNER CONDITIONS OF THE FENCE PATH.
2-1/2" SQ. 11 GA. STEEL POST AT 8'-0"
O.C. W/ PRESSED STEEL CAP - SEE NOTES
BELOW FOR ADDITIONAL REQUIREMENTS
INTERMEDIATE 1" SQ. 16 GA STEEL
VERTICALS AT 6" O.C. W/ PLASTIC CAPS
2" SQ. 14 GA HORIZONTAL TUBE SUPPORTS
LANDSCAPE
CONCRETE FOOTING - TOP OF FOOTING
SHALL BE 3" ABOVE GRADE W/ 1/2"
TOOLED EDGES
3'-0" 8'-0" OR 5'-0"
6"
18"
2'-6" 13" 8"
8"
SITE STREET5"CLR
STEEL PICKET FENCE
SCALE: 1/2" = 1'-0"
8'-0" OR 5'-0" (SEE SITE PLAN)
13" 6'-3" 8"
TYPICAL TUBE STEEL FENCE ELEVATION
SCALE: 1/4" = 1'-0"
TUBE STEL FENCE PER DETAIL, BLACK IN COLOR
BUILDING 1
BUILDING 2
1.1.i
Packet Pg. 283 Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building) RGA
Office of Architectural Design
15231 Alton Parkway, Suite 100
Irvine, CA 92618
T 949-341-0920
FX 949-341-0922
1500 AGUA MANSA, COLTON SHEET TITLE
MARK DATE DESCRIPTION A1-03-A
COPYRIGHT: RGA, OFFICE OF ARCHITECTURAL DESIGN
CHK'D BY:
DRAWN BY:
CAD FILE NAME:
RGA PROJECT NO:
MG
JH
18107-00-A1-03-A
18107.00
ALTERNATE PARKING SITE PLAN 7/21/20 CONCEPTUAL SITE PLAN SCALE: 1" = 100'-0"
X X X
X
X
C/L 23' CLF GATE
C/L 29' MTL GATE
ACCESS POINT
ACCESS POINT
OVERHEAD WIRES OVERHEAD WIRES OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
EX. FIBER OPTIC LINE
EXISTING BUILDING
UTILI
TY
'A'
UTILI
TY
'B'
UTILI
TY
'C'
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
2,000 KW
GENSET
(90,000 LBS)
16'-0" MAX.
HEIGHT
12/16/20 PLANNING SUBMITTAL
1,108'
50'
40'
63'
240'
86'
53'
30'
26'
20' 40'
MIN.
30'
11' 70'
64'
45'
50'
60' 47 50
43 49 5
35 37
81 88
83 30
10 10
2 10
8 4
8 10
7 5 10 10 10 10 10 10 10 7 10 10 10 10 10 10 10 10 10 10 8 6
5 21
12 10
3 50
A G U A M A N S A R O A D
0' 20' 50' 100' 200'
A G U A M A N S A R O A D
GATE
1500 W. AGUA MANSA LOGISTICS CENTER
GATE
GATE
VICINITY MAP
PROJECT SITE
215
10 AGUA MANSA DRIVE
RIVERSIDE AVENUE
SANTA ANA RIVER
LA CANEDA DRIVE
RANCHO AVENUE
PROJECT DESCRIPTION
A DISTRIBUTION WAREHOUSE FACILITY CONSISTING OF A WAREHOUSE AND OFFICE FACILITY TOTALING 456,445 SF ON 24 ACRES.
A REFRIDGERATED DISTRIBUTION WAREHOUSE FACILITY CONSISTING OF A WAREHOUSE AND OFFICE FACILITY TOTALING 457,743 SF ON 35 ACRES.
OWNER / DEVELOPER:
IDI LOGISTICS
840 APOLLO STREET, SUITE 100
EL SEGUNDO, CA 90245
PHONE: 714-769-9155
FAX: 714-685-1500
E-MAIL: [email protected]
CONTACT: STEVE HOLLIS
ARCHITECT:
RGA, OFFICE OF ARCHITECTURAL DESIGN
15231 ALTON PARKWAY, SUITE 200
IRVINE, CA 92618
PHONE: 949-341-0920
FAX: 949-341-0922
E-MAIL: [email protected]
CONTACT: JACOB HUBER
CIVIL ENGINEER:
THIENES ENGINEERS, INC.
14349 FIRESTONE BLVD.
LA MIRADA, CA 90638
PHONE: 714-521-4811
FAX:
E-MAIL: [email protected]
CONTACT: CESAR RAYMUNDO
LANDSCAPE ARCHITECT:
HUNTER LANDSCAPE
711 S. FEE ANA STREET
PLACENTIA, CA 92870
PHONE: 714-986-2400
FAX:
E-MAIL: [email protected]
CONTACT: TOM HAYES
PROJECT DATA - BUILDING 2
SITE AREA:
GROSS
BUILDING AREA:
GROUND FLOOR
MEZZANINE
FIRE PUMP HOUSE
TOTAL
COVERAGE:
PARKING REQUIRED:
10,000 SF OFFICE (1/250)
0-10K SF WAREHOUSE (1/1000)
10K SF + WAREHOUSE (1/2000)
TOTAL REQUIRED
PARKING PROVIDED:
PROVIDED STALLS
LANDSCAPE REQUIRED:
LANDSCAPE PROVIDED (INCLUDES BASINS):
DOCK HIGH DOOR POSITIONS:
TRAILER PARKING POSITIONS:
1,045,355 SF / 24.00 AC
456,000 SF
0 SF
445 SF
456,445 SF
43.66 %
40 STALLS
10 STALLS
219 STALLS
269 STALLS
271 STALLS
156,803 SF / 15.00%
181,725 SF / 17.38%
79 123
PROJECT DATA - BUILDING 1
SITE AREA:
GROSS
BUILDING AREA:
GROUND FLOOR
MEZZANINE
FIRE PUMP HOUSE
TOTAL
COVERAGE:
PARKING REQUIRED:
20,000 SF OFFICE (1/250)
0-10K SF WAREHOUSE (1/1000)
10K SF + WAREHOUSE (1/2000)
TOTAL REQUIRED
PARKING PROVIDED:
PROVIDED STALLS
LANDSCAPE REQUIRED:
LANDSCAPE PROVIDED (INCLUDES BASINS):
DOCK HIGH DOOR POSITIONS:
TRAILER PARKING POSITIONS:
1,524,685 SF / 35.00 AC
388,303 SF
69,440 SF
0 SF
457,743 SF
30.02 %
80 STALLS
10 STALLS
214 STALLS
304 STALLS
304 STALLS
228,703 SF / 15.00%
235,656 SF / 15.46 %
49 340
S A N T A A N A R I V E R
30'
EASEMENT
GATE
OFFICE
AREA
OFFICE
AREA
OFFICE
AREA
0260-072-08, 12 & 12
0275-041-07, 08, 09, 27, 28, 29, 30, 31
ASSESSORS PARCEL NUMBERS
BUILDING 1
BUILDING 2
1.1.i
Packet Pg. 284 Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building) RGA
Office of Architectural Design
15231 Alton Parkway, Suite 100
Irvine, CA 92618
T 949-341-0920
FX 949-341-0922
1500 AGUA MANSA, COLTON SHEET TITLE
MARK DATE DESCRIPTION A1-04-A
COPYRIGHT: RGA, OFFICE OF ARCHITECTURAL DESIGN
CHK'D BY:
DRAWN BY:
CAD FILE NAME:
RGA PROJECT NO:
MG
JH
18107-00-A1-04-A
18107.00
FIRE ACCESS PLAN 7/21/20 CONCEPTUAL SITE PLAN
SCALE: 1" = 100'-0"
X X X
X
X
C/L 23' CLF GATE
C/L 29' MTL GATE
ACCESS POINT
ACCESS POINT
OVERHEAD WIRES OVERHEAD WIRES OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
OVERHEAD WIRES
EX. FIBER OPTIC LINE
EXISTING BUILDING
UTILI
TY
'A'
UTILI
TY
'B'
UTILI
TY
'C'
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
6'-0" TOTAL
HEIGHT
2,000 KW
GENSET
(90,000 LBS)
16'-0" MAX.
HEIGHT
1,108'
50'
40'
63'
240'
86'
30'
26'
MIN.
30' 20'
64'
45'
50'
60'
49 5
35 75
81 88
83 30
10 10
2 10
8 4
8 10
7 5 10 10 10 10 10 10 10 7 10 10 10 10 10 10 10 10 10 10 8 6
5 21
12 10
3 26'
26' 26'
26'
26'
26'
26'
26'
26'
12/16/20 PLANNING SUBMITTAL
A G U A M A N S A R O A D
0' 20' 50' 100' 200'
A G U A M A N S A R O A D
GATE
1500 W. AGUA MANSA LOGISTICS CENTER
GATE
GATE
S A N T A A N A R I V E R
GATE
OFFICE
AREA
OFFICE
AREA
OFFICE
AREA
0260-072-08, 12 & 12
0275-041-07, 08, 09, 27, 28, 29, 30, 31
ASSESSORS PARCEL NUMBERS
BUILDING 1
BUILDING 2
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
FH
COLTON FIRE DEPARTMENT ACCESS & WATER PLAN NOTES:
INSPECTION REQUIREMENTS
1. COLTON SITE INSPECTIONS ARE REQUIRED FOR THIS PROJECT. PLEASE SCHEDULE ALL FIELD INSPECTIONS AT LEAST 72 HOURS IN ADVANCE. INSPECTIONS CANCELED AFTER 1 P.M. ON THE DAY BEFORE THE SCHEDULED DATE WILL BE SUBJECT TO A RE-INSPECTION FEE. CALL (909) 370-5553 TO SCHEDULE AN INSPECTION.
2. A LUMBER DROP INSPECTION SHALL BE PERFORMED PRIOR TO BRINGING COMBUSTIBLE MATERIALS (OR COMBUSTIBLE FIXTURES AND FINISHES FOR STRUCTURES OF NON-COMBUSTIBLE CONSTRUCTION).
ALL-WEATHER ACCESS ROADS CAPABLE OF SUPPORTING 75,000 LBS., TOPPED WITH ASPHALT, CONCRETE, OR EQUIVALENT SHALL BE IN PLACE AND HYDRANTS OPERATIONAL AT TIME OF LUMBER DROP INSPECTION.
A. FOR BUILDINGS OF TYPE IV AND TYPE V CONSTRUCTION (AND NON-COMBUSTIBLE STRUCTURES
THAT MAY HAVE A PORTION OF THE EXTERIOR WALLS, FACADE OR OTHER BUILDING ELEMENTS
COMPRISED OF WOOD OR OTHER COMBUSTIBLE MATERIAL), A LUMBER DROP INSPECTION SHALL OCCUR PRIOR TO BRINGING COMBUSTIBLE BUILDING MATERIALS ON-SITE.
B. FOR OTHER CONSTRUCTION TYPES (TYPE I,II, III) WITH EXTERIOR WALLS BUILT OF
NON-COMBUSITBLE MATERIALS, AN INSPECTION SHALL OCCUR PRIOR TO COMMENCING INTERIOR CONSTRUCTION INVOLVING COMBUSTIBLE MATERIALS (E.G. WOODEN MEZZANINES OR PARTITION WALLS, CARPET, CABINETRY OR OTHER WOODWORK, FURNITURE, ETC.). IN CONCRETE
TILT-UP AND MASONRY BUILDINGS, WOODEN PANELIZED ROOFING SYSTEMS ARE EXEMPT FROM THIS REQUIREMENT.
3. FOR PROJECTS WITH FUEL MODIFICATION, A VEGETATION CLEARANCE INSPECTION IS REQUIRED PRIOR TO A LUMBER DROP INSPECTION. USE THE FUEL MODIFICATION PLAN SERVICE REQUEST NUMBER TO SCHEDULE THE VEGETATION CLEARANCE INSPECTION.
4. PHASED INSTALLATION OF FIRE ACCESS ROADS REQUIRES ADDITIONAL INSPECTIONS NOT COVERED BY THE FEES PAID AT PLAN SUBMTITAL. CONTACT (909) 370-5553 TO ARRANGE FOR ADDITIONAL INSPECTIONS THAT MAY BE NEEDED AND ANY FEES THAT MAY BE DUE.
5. AN ORIGINAL APPROVED, SIGNED, WET-STAMPED COLTON FIRE ACCESS & WATER PLAN SHALL BE AVAILABLE ON-SITE AT TIME OF INSPECTION.
6. ACCESS ROADS AND HYDRANTS SHALL BE MAINTAINED AND REMAIN CLEAR OF OBSTRUCTIONS AT ALL TIMES DURING AND AFTER CONSTRUCTION. AREAS WHERE PARKING IS NOT PERMITTED SHALL BE CLEARLY IDENTIFIED AT ALL TIMES. OBSTRUCTION OF FIRE LANES AND HYDRANTS MAY RESULT IN CANCELLATION OR SUSPENSION OF INSPECTIONS.
7. TEMPORARY FUEL TANKS OF 60 OR MORE GALLONS SHALL BE REVIEWED, INSPECTED, AND PERMITTED BY THE CITY OF COLTON PRIOR TO USE.
8. THE PROJECT ADDRESS SHALL BE CLEARLY POSTED AND VISIBLE FROM THE PUBLIC ROAD DURING CONSTRUCTION.
9. ALL GATES IN CONSTRUCTION FENCING SHALL BE EQUIPPED WITH EITHER A KNOX OR BREAKAWAY PADLOCK.
10. BUILDINGS OF FOUR OR MORE STORIES SHALL BE PROVIDED WITH STAIRS AND A STANDPIPE BEFORE REACHING 40 FEET IN HEIGHT.
GENERAL REQUIREMENTS
11. FIRE LANE WIDTHS SHALL BE MEASURED FROM TOP FACE OF THE CURB TO TOP FACE OF THE CURB FOR
FIRE LANES WITH STANDARD CURBS AND GUTTERS AND FROM FLOW-LINE TO FLOW-LINE FOR FIRE LANES WITH MODIFIED CURB DESIGNS (E.G. ROLLED, RAMPED, ETC.). THE DEVELOPER IS RESPONSIBLE TO VERIFY
THAT ALL APPROVED PUBLIC WORKS OR GRADING DEPARTMENT STREET IMPROVEMENT PLANS OR PRECISE
GRADING PLANS CONFORM TO THE MINIMUM STREET WIDTH MEASUREMENTS PER THE APPROVED COLTON FIRE DEPARTMENT ACCESS & WATER GUIDELINE FOR ALL PORTIONS OF THE FIRE ACCESS ROADS.
12. PERMANENT, TEMPORARY, AND PHASED EMERGENCY ACCESS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT AN IMPOSED LOAD OF 75,000 LBS. AND SURFACED TO PROVIDE ALL-WEATHER DRIVING CAPABILITES.
13. FIRE LANE SIGNS AND RED CURBS SHALL MEET THE SPECIFICATIONS SHOWN IN THE COLTON FIRE DEPARTMENT ACCESS & WATER GUIDELINE AND SHALL BE INSTALLED AS DECRIBED THEREIN. ADDITIONAL FIRE LANE MARKINGS MAY BE REQUIRED AT THE TIME OF INSPECTION DEPENDING ON FIELD CONDITIONS.
14. ALL FIRE HYDRANTS SHALL HAVE A "BLUE REFLECTIVE PAVEMENT MARKER" INDICATING THEIR LOCATION PER THE COLTON STANDARD. ON PRIVATE PROPERTY MARKERS ARE TO BE MAINTAINED IN GOOD CONDITION BY THE OWNER.
15. ADDRESS NUMBERS SHALL BE LOCATED AND BE OF A COLOR AND SIZE SO AS TO BE PLAINLY VISIBLE
AND LEGIBLE FROM THE ROADWAY FROM WHICH THE BUILDING IS ADDRESSED IN ACCORDANCE WITH COLTON FIRE DEPARTMENT ACCESS & WATER GUIDELINE.
16. ACCESS GATES SHALL BE APPROVED PRIOR TO INSTALLATION AND SHALL BE IN COMPLIANCE WIHT CHAPTER 5 OF THE CFC AND COLTON FIRE ACCESS & WATER GUIDELINE.
17. APPROVED ACCESS WALKWAYS SHALL BE PROVIDED TO ALL REQUIRED OPENINGS AND ALL RESCUE WINDOWS.
17. APPROVED ACCESS WALKWAYS SHALL BE PROVIDED TO ALL REQUIRED OPENINGS AND ALL RESCUE WINDOWS.
18. VEGETATION SHALL BE SELECTED AND MAINTAINED IN SUCH A MANNER AS TO ALLOW IMMEDIATE
ACCESS TO ALL HYDRANTS, VALVES, FIRE DEPARTMENT CONNECTIONS, PULL STATIONS, EXTINGUISHERS,
SPRINKLER RISERS, ALARM CONTROL PANELS, RESCUE WINDOWS AND OTHER DEVICES OR AREAS USED FOR FIREFIGHTING PURPOSES. VEGETATION OR BUILDING FEATURES SHALL NOT OBSTRUCT ADDRESS NUMBERS OR INHIBIT THE FUNCTIONING OF ALARM BELLS, HORNS OR STROBES.
19. DUMPSTERS AND TRASH CONTAINERS LARGER THAN 1.5 CUBIC YARDS SHALL NOT BE STORED IN BUILDINGS OR PLACED WITHIN 5 FEET OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE ROOF EAVE LINES UNLESS PROTECTED BY AN APPROVED SPRINKLER SYSTEM.
20. ANY FUTURE MODIFICATION TO THE APPROVED FIRE DEPARTMENT ACCESS & WATER PLAN OR APPROVED
SITE PLAN, INCLUDING BUT NOT LIMITED TO ROAD WIDTH, GRADE, SPEED HUMPS, TURNING RADII, GATES OR OTHER OBSTRUCTIONS, SHALL REQUIRE REVIEW, INSPECTION, AND APPROVAL BY THE CITY OF COLTON.
21. APPROVAL OF THIS PLAN SHALL NOT BE CONSTRUED AS APPROVAL OF ANY INFORMATION OR PORJECT
CONDITIONS OTHER THAN THOSE ITEMS AND REQUIREMENTS IDENTIFIED IN COLTON FIRE DEPARTMENT ACCESS & WATER GUIDELINE AND RELATED PORTIONS OF THE CFC AND CBC. THIS PROJECT MAY BE
SUBJECT TO ADDITIONAL REQUIREMENTS NOT STATED HEREIN UPON EXAMINATION OF ACTUAL SITE AND PROJECT CONDITIONS OR DISCLOSURE OF ADDITIONAL INFORMATION. 53'
40'
11' 70'
PROJECT DATA - BUILDING 2
SITE AREA:
GROSS
BUILDING AREA:
GROUND FLOOR
MEZZANINE
FIRE PUMP HOUSE
TOTAL
COVERAGE:
PARKING REQUIRED:
10,000 SF OFFICE (1/250)
0-10K SF WAREHOUSE (1/1000)
10K SF + WAREHOUSE (1/2000)
TOTAL REQUIRED
PARKING PROVIDED:
PROVIDED STALLS
LANDSCAPE REQUIRED:
LANDSCAPE PROVIDED:
DOCK HIGH DOOR POSITIONS:
TRAILER PARKING POSITIONS:
1,045,355 SF / 24.00 AC
456,000 SF
0 SF
445 SF
456,445 SF
43.66 %
40 STALLS
10 STALLS
219 STALLS
269 STALLS
270 STALLS
156,803 SF / 15.00%
181,725 SF / 17.38%
79 141
PROJECT DATA - BUILDING 1
SITE AREA:
GROSS
BUILDING AREA:
GROUND FLOOR
MEZZANINE
FIRE PUMP HOUSE
TOTAL
COVERAGE:
PARKING REQUIRED:
20,506 SF OFFICE (1/250)
0-10K SF WAREHOUSE (1/1000)
10K SF + WAREHOUSE (1/2000)
TOTAL REQUIRED
PARKING PROVIDED:
PROVIDED STALLS
LANDSCAPE REQUIRED:
LANDSCAPE PROVIDED:
DOCK HIGH DOOR POSITIONS:
TRAILER PARKING POSITIONS:
1,524,685 SF / 35.00 AC
396,457 SF
77,564 SF
0 SF
474,021 SF
31.09 %
82 STALLS
10 STALLS
222 STALLS
314 STALLS
114 STALLS
228,703 SF / 15.00%
237,372 SF / 15.57 %
49 378
1.1.i
Packet Pg. 285 Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building)
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Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building) All rights reserved. The artwork depicted herein are copyright and are the exclusive property of North American Signs and as such cannot be reproduced in whole or in part without written permission by North American Signs.
Brandbook is the property of Lineage Logistics.
Brand
Style
Location
Color
Name
Brand
Style
Location
Color
Name Name
PTE - Exterior Paint
Version: 2.3
12-14-2020 18
Roof Accent Stripe, Small
Squares, Metal Fascia, Concrete
Column
All Light Poles, Foundation
Wall Below Floor Line
PTE1 PTE2 PTE3
Sherwin-Williams Sherwin-Williams
Location
Concrete Wall Panels,
Exterior Doors & Frames at
Loading Dock
Style
Exterior Smooth
Brand
Sherwin-Williams
Exterior Flat Exterior Flat
Custom Match Custom Match Custom Match
7006 Extra White 3015 Lineage Blue Pantone Cool Grey 8
All Shown
Color
1.1.i
Packet Pg. 292 Attachment: Attachment 9_Plans for 130 foot high building (4157 : Appeal - Conditional Use Permit for Lineage Building) 95-foot high building elevations as approved by the Planning Commission 130-foot high building elevations – Applicants Preferred Building Size and issue of Appeal
1.1.j
Packet Pg. 293 Attachment: Attachment 10_Building Comparison Sheet of Building Heights 95 feet and 130 feet (4157 : Appeal - Conditional Use Permit for Lineage Building) ITEM NO. 2
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE NO O05-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA TO APPROVE A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF COLTON AND LINEAGE
LOGISTICS, LLC FOR THE AGUA MANSA LOGISTICS CENTER
PROJECT, ORDINANCE NO. O-05-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Waive Full Reading. Read by Title Only and Introduce First Reading Ordinance No. O-05-23 entitled:
An Ordinance of the City Council of the City of Colton Approving the Lineage Logistics, LLC Development Agreement for property generally located at 1500 Agua Mansa Road in the City of Colton
BACKGROUND
On September 15, 2020, IDI Agua Mansa, LLC filed applications with the City of Colton to develop two new warehouse/distribution buildings on a 60.84-acre vacant site located at 1400 and 1500 Agua Mansa Road (“Project”). Although the entitlement applications were filed as one project, referred to as “Agua Mansa Logistics Center,” the project is proposed to be developed on two parcels by two industrial developers, as follows:
Building 1: A 474,021 square foot cold storage warehouse/distribution and office building on a
35.95-acre site. Developer: Lineage Logistics, LLC
1.2 Packet Pg. 294
Staff Report to the Mayor and City Council
Development Agreement - Lineage Logistics, LLC
July 18, 2023
Building 2: A 456,445 square foot warehouse/distribution and office building on a 24.89-acre site. Developer: IDI Agua Mansa, LLC
Following discussions between staff and the applicant regarding the applicant’s desire to obtain assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements (except as provided in a development agreement), and thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project, the applicant proposed to enter into a development agreement for the Project. A single development agreement application addressing both Building 1 and Building 2 was submitted on July 22, 2021.
As the two buildings were to be developed and owned by two separate entities, Lineage Logistics and IDI Agua Mansa, on separate parcels, it was subsequently decided that two development agreements could better serve the applicant(s) and the City’s interests. Two development agreements would also serve the interests and obligations of future property owners, and assist the City in tracking public benefit commitments. Therefore, the City is bringing forth two development agreements for consideration by the City Council: One agreement for Building 1 (Lineage Logistics, LLC) and one agreement for Building 2 (IDI Agua Mansa, LLC).
At a public hearing conducted on May 9, 2023, the Planning Commission voted 4:1 to recommend approval of both Development Agreements, with comments (Commissioner Baden voting “No”). Planning Commission Resolution No. R-06-23 and Minutes of May 9th meeting are attached. The Planning Commission comments are discussed below.
ISSUES/ANALYSIS
Staff, with legal and technical support from the City Attorney, has negotiated the following terms of the Development Agreement with Lineage Logistics, LLC, applicable to Building 1 (1500 Agua Mansa Road):
Assurances:
Freeze all entitlements for a period of 15 years; and Freeze existing impact fees for a period of 5 years.
Public Benefits:
One-time payment of $4,000,000 to the City;
One-time contribution of $350,000 to the City for fire truck apparatus; Assurance that a minimum electric utility transfer payment to the City’s general fund does not fall below $250,000 annually (to be adjusted annually by actual City electric rate increases), whether or not the solar panels are installed on the structure. This requirement will be in effect as long as the building is in operation; and Agreement to annex into the City’s Maintenance and Public Safety Community Facilities Districts (subject to 3% annual tax increase).
1.2 Packet Pg. 295
Staff Report to the Mayor and City Council
Development Agreement - Lineage Logistics, LLC
July 18, 2023
It is the opinion of staff that, should the Project entitlements be approved, the negotiated public benefits contained in the Development Agreement are in the short- and long-term interests of the City.
Planning Commission Comments
The Planning Commission recommendation to approve of the Development Agreement included the following comments, which were accepted by the Commission:
The City Council should consider increasing the Maintenance Community Facilities District (CFD) assessment rate ranging from 22 cents per square foot to 34 cents per square foot, rather than 18 cents per square foot equivalency based on the Rate & Method of Apportionment (RMA) report, due to truck impacts to area roadways. Both the Public Safety and Maintenance CFD assessments should increase annually by 3 percent or the actual CPI, whichever is greater. The current language provides for a 3 percent annual increase.
Adjusting the square footage of the Lineage building should be considered because the “high cube” design was not broken into multi-story building square footage. Consider removing the freeze on Development Impact Fees. Consider restricting truck traffic traveling north on Rancho Ave. to the I-10 Freeway. A plan or maintenance fee should be included with the $10,000 donation for a future monument sign or other improvement in the Agua Mansa Historic District.
Environmental Review
The City has conducted an analysis of the Project, consistent with CEQA Guidelines section 15183 (“Section 15183 Analysis”), and found that it is in conformance with the analysis and conclusions of the General Plan EIR, that there are no new significant off-site or cumulative impacts that were not analyzed in the General Plan EIR, and that there are no adverse impacts that are more severe than those previously identified in the General Plan EIR.
FISCAL IMPACTS
This agreement will result in one-time payments to the City of $2,350,000, annual payments of a minimum $.04/sq. ft. for Maintenance CFD and $.18/sq. ft. for Public Safety CFD, and annual “solar offset” base payment of $250,000 to the City’s general fund.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. PC Resolution No. R-06-23_Recommending Approval of Development Agreement_Lineage.doc
1.2 Packet Pg. 296
Staff Report to the Mayor and City Council
Development Agreement - Lineage Logistics, LLC
July 18, 2023
2. ORDINANCE O-05-23_Lineage Logistics Development Agreement
3. EXHIBIT A_LINEAGE DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT
4. PC 2023 May 9_Meeting Minutes
1.2 Packet Pg. 297
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Packet Pg. 298 Attachment: PC Resolution No. R-06-23_Recommending Approval of Development Agreement_Lineage.doc (4159 : Development Agreement -
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Packet Pg. 299 Attachment: PC Resolution No. R-06-23_Recommending Approval of Development Agreement_Lineage.doc (4159 : Development Agreement -
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Packet Pg. 300 Attachment: PC Resolution No. R-06-23_Recommending Approval of Development Agreement_Lineage.doc (4159 : Development Agreement -
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Packet Pg. 301 Attachment: PC Resolution No. R-06-23_Recommending Approval of Development Agreement_Lineage.doc (4159 : Development Agreement -
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Packet Pg. 302 Attachment: PC Resolution No. R-06-23_Recommending Approval of Development Agreement_Lineage.doc (4159 : Development Agreement - 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ORDINANCE NO. O-05-23
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COLTON, CALIFORNIA TO APPROVE A
DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF COLTON AND LINEAGE LOGISTICS, LLC FOR
THE AGUA MANSA LOGISTICS CENTER PROJECT,
FOR PROPERTY GENERALLY LOCATED AT 1500
AGUA MANSA DRIVE IN THE CITY OF COLTON
WHEREAS, the City of Colton (“City”) has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, pursuant to California Government Code Sections 65864 et seq. and Colton Municipal Code Section 18.58.102, the City is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein; and
WHEREAS, Lineage Logistics, LLC, a Delaware limited liability company (“Developer”) proposes to develop the Building 1 of the Agua Mansa Logistics Center (Case No. DAP-001-668), more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference (“Project”); and WHEREAS, on May 9, 2023, the Planning Commission of the City of Colton approved the Architectural & Site Plan Review, Conditional Use Permit, Major Certificate of Appropriateness and Tentative Parcel Map to provide for the orderly growth and quality development of the Project in accordance with the General Plan; and
WHEREAS, because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Developer has proposed to enter into a development agreement concerning the Project (“Development Agreement”) to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the Development Agreement, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project; and
WHEREAS, at a duly noticed public hearing held on May 9, 2023, the Planning Commission considered the Staff Report, the Development Agreement, all recommendations by staff, and public testimony, and adopted Resolution No. R-06- 23, recommending to the City Council approval of the Development Agreement; and WHEREAS, the City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals and policies of the City’s General Plan; and
WHEREAS, the City Council has found that this Development Agreement is consistent with the City’s General Plan; and
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WHEREAS, the City Council has determined that by entering into the Development Agreement: (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant benefits will be created for City residents and the public generally from increased employment, property tax revenue, and contributions from Developer toward public capital improvements; and WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project subject to conditions and requirements set for therein; and
WHEREAS, on June 20, 2023, the City Council held a duly advertised public hearing on the Development Agreement; and
WHEREAS, at the public hearing, the City Council considered the Staff Report, the Development Agreement, and public testimony.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
COLTON DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to California Government Code Section 65865, the City Council hereby approves the Development Agreement, attached hereto as Exhibit "A", entitled "A Development Agreement between City of Colton and Lineage Logistics LLC, a Delaware limited liability company” (aka “Agua Mansa Logistics Center, Building 1 Development Agreement”) (the "Development Agreement").
Section 2. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds this Development Agreement not be detrimental to the health, safety and welfare of the community because the Development Agreement will permit land uses that best reflect community needs, including the need for local employment opportunities and increased property tax revenue to fund City services, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City.
Section 3. Pursuant to California Government Code Section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property that is consistent with the uses and intensity allowed under the General Plan.
Section 4. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that: (i) the economic interests of Colton citizens and the public health, safety and welfare will be best served by entering into the Development Agreement; (ii) this Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Property is located; (iii) the Development Agreement is in conformity with the public convenience, general welfare and good land use practice; and (iv) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property.
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The City Council further finds that among the public benefits to accrue to the residents of the City as a result of the Development Agreement are: (a) A one-time payment of $2 million to the City’s general fund; (b) one-time contribution of $350,000 to the City for fire truck apparatus; and (c) a minimum solar offset payment to the City’s general fund.
Section 5. The City has conducted an analysis of the Project, consistent with CEQA Guidelines section 15183 (“Section 15183 Analysis”), and found that it is in conformance with the analysis and conclusions of the General Plan EIR, that there are no new significant off-site or cumulative impacts that were not analyzed in the General Plan EIR, and that there are no adverse impacts that are more severe than those previously identified in the General Plan EIR.
Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code section 65868.5, within 10 days following the entering of the Development Agreement, as evidence by the full execution thereof, the City Clerk shall record the Development Agreement with the San Bernardino County Recorder.
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2023. ___________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
STEPHANIE VARGAS
Acting City Clerk
APPROVED AS TO FORM:
__________________________________
Best Best & Krieger LLP
City Attorney
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Recorded at request of:
City Clerk, City of Colton
When recorded return to:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attention: City Clerk
Exempt from filing fees pursuant to Government Code §6103 DEVELOPMENT AGREEMENT NO. __________________
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF COLTON
and
LINEAGE LOGISTICS, LLC, a Delaware limited liability company
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DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered into as of this ___ day of ___________, 2023 by and between the City of Colton, California ("City"), and Lineage Logistics, LLC, a Delaware limited liability company ("Lineage" or "Owner"). At times, the City and Owner are referred to jointly within this Agreement as the "Parties" and individually as a "Party."
RECITALS
A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq., of the California Government Code. The Development Agreement Statute authorizes the City to enter into development agreements with persons or entities having legal or equitable interests in real property to establish predictability for both City and the property owner in the development process.
B. Owner has requested City to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of City.
C. Owner holds legal title to the real property described in Exhibit "A" to this Agreement1 (the "Property") and depicted on Exhibit "B" commonly known as 1500 Aqua Mansa Road, Colton, CA.
D. The Property consists of approximately 35.95 gross acres designated as Heavy Industrial (M-2) in both the City General Plan and Zoning Code.
E. Owner proposesto develop the Property with a state-of-the-art concrete tilt-up industrial warehouse building of approximately 474,021 square foot state of the art cold storage warehouse, including a storage area constructed of a rack supported, architectural insulated metal panel skin and the balance constructed of conventionally framed steel structure with pre-cast or tilt wall skin (the "Project").
F. Owner is requesting from the City the following discretionary approvals (collectively, the "Initial Development Approvals"):
a. This Agreement;
b. Architectural and Site Plan Approval DAP-001-796;
1 All references within this Agreement to an "Exhibit" refer to an exhibit to this Agreement, unless otherwise specified.
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c. Conditional Use Permit No. DAP-001-796 related to (i) the storage of trailers and/or trucks; and (ii) 24-hour warehouse operation; and (iii) the construction of the Project at a height of 130 feet;
d. d. Variance No. DAP-001-796 for the Project, to allow a reduction in the number of required parking spaces;
e. Tentative Parcel Map No. 20358 to consolidate multiple legal lots into two separate legal parcels (the "Parcel Map").
f. The Initial Development Approvals include various Project Conditions of Approvals, which are attached hereto and incorporated herein by reference as Exhibit "F" ("Project Conditions of Approval").
G. [Intentionally left blank].
H. In addition to the Initial Development Approvals, Owner shall require "Subsequent Development Approvals" [see definition in Section 1.1(jj) below] to complete development of the Project.
I. The City and Owner desire to obtain the binding agreement of each other to permit the development of the Property in accordance with the provisions of this Agreement.
J. The terms and conditions of this Agreement have undergone extensive review by City and Owner and have been found to be fair, just, and reasonable.
K. The City Council has found that the best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement.
L. The City Council has found that this Agreement will have a major, beneficial economic impact on the City in that it will provide to the City and its residents the specific and valuable public benefits set forth in Section 5 below (the "Public Benefits").
M. The physical effects, if any, of the Project on the environment have been separately analyzed pursuant to the California Environmental Quality Act ("CEQA").
N. In accordance with Section 18.58.010 of the Colton Municipal Code, the City's Planning Commission and City Council each have (i) given notice of their intention to consider this Agreement, (ii) conducted public hearings on this Agreement as required by the Government Code, and (iii) found the provisions of this Agreement to be consistent with the City's General Plan.
O. On __________, 2023, the Planning Commission held a duly noticed public hearing at which the Planning Commission recommended approval of this Agreement to the City Council.
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P. On _____________, 2023, the City Council adopted a CEQA Section 15183 Consistency Analysis for the Project, approved the Initial Development Approvals, and conducted the first reading of Ordinance No. _________ (the "Adopting Ordinance") approving this Agreement.
Q. On _____________, 2023, the City Council adopted the Adopting Ordinance.
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AGREEMENT
The Parties agree as follows:
1. DEFINITIONS AND EXHIBITS
1.1. Definitions. The following terms when used in this Agreement shall be defined as follows:
a. "Adopting Ordinance" means Ordinance No. ________ approved by the City Council adopting this Agreement.
b. "Agreement" means this Development Agreement.
c. "Applicable Rules" means the Existing Land Use Regulations, the Initial Development Approvals, all Subsequent Development Approvals, any Subsequent Land Use Regulations to which Owner has given its written consent, and this Agreement.
d. "Approval Date" means the date on which the City Council conducted the second reading of the Adopting Ordinance. That date is
_______________, 2023.
e. "Assignment" means the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement in connection with the Conveyance of some or all of the Property.
f. "Assignment and Assumption Agreement" refers to the agreement required by Section 3.3(b) below.
g. "City Council" means the duly elected city council of the City of Colton. h. "City" means the City of Colton, a California municipal corporation. i. "Conveyance" means the sale, transfer, assignment, or other conveyance of the Property in whole or in part to any third party of any nature during the Term.
j. "Development" means the improvement of the Property for the purposes of completing all structures, improvements, and facilities comprising the Project as contemplated by this Agreement. "Development" does not include the maintenance, repair, reconstruction, or redevelopment of any building, structure, improvement, or facility after the completion of its initial construction and its subsequent occupancy.
k. "Development Approvals" means all non-legislative permits, entitlements, and other approvals granted or issued by the City for the use of, construction upon, and/or development of the Property pursuant to this Agreement, including, without limitation, those for site plan review, architectural review, excavation, grading, building, construction,
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encroachment or street improvement permits, occupancy certificates, utility connection authorizations, drainage, landscape, and other permits or approvals necessary for the development, construction, marketing, use, and occupancy of the Project. For the purposes of this Agreement, Development Approvals consist of the "Initial Development Approvals" and "Subsequent Development Approvals," as those terms are defined below.
l. "Development Exaction" means any requirement of the City in connection with or pursuant to the implementation or approval of a Land Use Regulation applicable to the Project and/or a Development Approval for the Project which requires Owner, the Property, and/or the Project to either:
(i) Dedicate or otherwise convey land to the City, any other agency, or any third party;
(ii) Construct improvements for the benefit of the City, any other agency, or any third party;
(iii) Pay fees, including but not limited to "Development Impact Fees," or perform other actions in order to lessen, offset, mitigate, or compensate for the effects of the Project; or
(iv) Convey to the City, any other agency, or any third-party funds, commitments, or any other thing of value.
m. "Development Impact Fee" (DIF) means a payment imposed on Owner or the Project pursuant to the requirements of the Mitigation Fee Act set forth in the California Government Code at Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) that are applicable on the Effective Date. For purposes of this Agreement, Development Impact Fees do not include fees paid pursuant to the Mitigation Fee Act which are imposed by agencies, including school districts, other than the City. In addition, Development Impact Fee does not include later-adopted development impact fees that do not currently exist and are uniformly applied to all development projects in the City.
n. "Development Plan" means the plan for development of the Property as set forth in the Applicable Rules.
o. "DIF Freeze Period" means the five (5) year period where existing Development Impact Fees in effect will be frozen, as specified in Exhibit "D".
p. "Effective Date" means the date the ordinance approving and authorizing this Agreement becomes effective.
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q. "Existing Land Use Regulations" means all Land Use Regulations in effect on the Approval Date, including the General Plan and applicable zoning.
Changes to Land Use Regulations becoming effective from the day after the Approval Date through the Effective Date shall not be considered part of the Existing Land Use Regulations without Owner's prior written consent, except as provided in Section 6.1. This Agreement, a Land Use Regulation which shall not become effective until the Effective Date, has Owner's prior written consent and shall be considered an Existing Land Use Regulation.
r. "Extension" refers to an extension of the Term pursuant to Section 2.1 below.
s. "Financing District" means a special assessment district, community facilities district, or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities which are part of the Development Plan.
t. "Indemnify" means, when used in Section 8 below, to defend, indemnify, and hold harmless.
u. "Initial Development Approvals" means those Development Approvals approved on the Approval Date as listed in Recital F, as well as revisions, addenda, amendments, and modifications to each of these actions that are finally approved in accordance with the Colton Municipal Code. v. "Land Use Regulations" means all legislative acts, including ordinances, resolutions, codes, rules, regulations, and official policies of the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, initial occupancy standards and specifications, and impact, building, processing, affordable housing, and all other fees applicable to the development of land within the City.
Land Use Regulations include this Agreement, the General Plan and the Colton Municipal Code. "Land Use Regulations" does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(i) the conduct of businesses, professions, and occupations; (ii) taxes (special or general) and assessments;
(iii) the control and abatement of nuisances;
(iv) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property;
(v) the exercise of the power of eminent domain.
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w. " [Intentionally left blank]
x. " [Intentionally left blank]
y. "Major Default" means either individual Owner's material and substantial failure to meet that Owner's obligations to provide the Public Benefits contemplated by this Agreement after notice and a reasonable opportunity to cure an alleged Major Default.
z. "Mortgagee" means a lender, a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns providing financing secured by the Property and/or its improvements.
aa. "Notice" means any written communication, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or similar action required or permitted by this Agreement.
bb. "Owner" means Lineage, and its successors and assigns with respect to the ownership of the Property.
cc. "Owner's Vested Right" means Owner's guaranteed right to develop the Property as set forth in this Agreement, including, but not limited to, the provisions of Section 4 below.
dd. "Processing Fees" means all City application, processing, permit, and similar fees that are generally applicable to all development projects within the City, including those imposed to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with Development Approvals granted or issued. ee. "Parcel Map" means Tentative Parcel Map No. 20358, which is part of the "Initial Development Approvals."
ff. "Project" means the development of the Property as set forth in the Development Plan, as described in Recital E.
gg. "Project Conditions of Approval" means the conditions of approval imposed by the City in the Initial Development Approvals, and specified in Exhibit "F".
hh. "Property" means the real property described on Exhibit "A" and depicted on Exhibit "B".
ii. "Reservation of Authority" means the rights and authority of the City set forth in Section 6 below which limit the assurances and rights provided to Owner under this Agreement.
jj. "Subsequent Development Approvals" means all Development Approvals for the Project which are approved, granted, or issued after the Approval
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Date and which are required or permitted by the Applicable Rules and/or this Agreement.
kk. "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not incorporated within the definition of Existing Land Use Regulations. ll. "Term" means the term of this Agreement as set forth in Section 2.1.
1.2. Exhibits. The following attached Exhibits are a substantive part of this Agreement:
Exhibit "A" – Legal Description.
Exhibit "B" – Property Location.
Exhibit "C" – Assignment and Assumption Agreement Form
Exhibit "D" – Applicable Development Impact Fees
Exhibit "E" – [Intentionally left blank]
Exhibit "F"—Project Conditions of Approval
2. DURATION OF AGREEMENT
2.1. Term. This Agreement shall start on the Effective Date and remain in effect for a term of fifteen (15) years (the "Term"). The Term may be further modified by mutual written agreement of the Parties. All references in this Agreement to the "Term" include any extensions of the Term.
2.2. Termination. Unless otherwise extended pursuant to this Agreement, this Agreement shall terminate upon the first to occur of:
a. The conclusion of the Term and any extensions of the Term; b. Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits for the Project and Owner’s dedication of all required dedications.;
c. Termination by order of a California court of law; and d. Termination by mutual written agreement of the Parties.
2.3. Agreement Terms Surviving Termination. Upon termination of this Agreement, the only rights or obligations under this Agreement which any Party shall have are those expressly set forth within this Agreement.
2.4. Development Rights Upon Termination. Termination of this Agreement shall not invalidate any Land Use Regulations in effect or terminate any Development Approvals obtained prior to the date of termination of this Agreement.
3. CONVEYANCE, ASSIGNMENT, AND RELEASE
3.1. Right to Assign. Owner shall have the right to sell, transfer, assign, or otherwise convey its Property in whole or in part (provided that no such partial transfer shall
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violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any third party of any nature (an "Assignee") at any time during the Term (collectively, a "Conveyance").
3.2. Assignee's Status Under this Agreement. For purposes of this Section 3, Assignees will fall into two categories:
a. Owner Assignee. An Assignee who acquires an interest in some or all of the Property and intends to retain the right to complete development of the acquired portion of the Property pursuant to this Agreement shall be referred to as an "Owner's Assignee."
b. User Assignee. An Assignee who acquires an interest all of the Property in an improved condition and does not intend to further improve the Property pursuant to this Agreement shall be referred to as a "User Assignee."
3.3. Rights and Obligations of Owner's Assignee. Subject to compliance with this Section 3.3, an Owner Assignee shall succeed to the rights and obligations of the Owner under this Agreement with respect to that portion of the Property conveyed to the Owner Assignee. Any Conveyance to an Owner Assignee shall (i) include both an assignment of all rights ("Assignment of Rights") and a delegation of all obligations ("Delegation of Obligations") existing under this Agreement as of the date of the Conveyance with respect to the portion(s) of the Property conveyed and (ii) be made in strict compliance with the following conditions precedent:
a. No Assignment of Rights or Delegation of Obligations (collectively, an "Assignment") shall be made unless made together with a Conveyance. b. Concurrent with any Assignment, Owner shall notify City in writing of the Assignment and shall provide City with an "Assignment and Assumption Agreement" in a form reasonably acceptable to City, signed by the purchaser, transferee, or assignee and the City. An "Assignment and Assumption Agreement" in the form of Exhibit "C" shall be deemed acceptable to both Parties. The Assignment and Assumption Agreement shall provide that the Owner Assignee must:
(i) expressly and unconditionally assumes all the duties, obligations, agreements, covenants, waivers of Owner under this Agreement with respect to the portion(s) of the Property conveyed; and (ii) provide to the City security equivalent to any security previously provided by Owner to secure performance of Owner's obligations under this Agreement with respect to the portion(s) of the Property conveyed and which remain at the time of the Assignment.
Any Conveyance to an Owner Assignee not made in strict compliance with these conditions precedent shall constitute a default by Owner under this Agreement,
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which default shall be cured if either (i) the Assignment is terminated, or (ii) the Assignee signs the required Assignment and Assumption Agreement. If an Assignee does not sign an Assignment and Assumption Agreement, the burdens of this Agreement with respect to the portion(s) of the Property conveyed shall bind the Assignee, but the benefits of this Agreement shall not inure to the Assignee unless and until the required Assignment and Assumption Agreement is signed by the Assignee.
3.4. Rights and Obligations of a User Assignee. A User Assignee must succeed to the rights and obligations of Owner under this Agreement with respect to the Property conveyed to the User Assignee. The provisions of Section 3.3 above shall apply to the Conveyance of any parcel or lot that has been finally subdivided and is sold or leased to a User Assignee. This Agreement shall not terminate with respect to any such parcel or lot and that parcel or lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document.
3.5. Release of Transferring Owner. Upon any Assignment, the City shall release the conveying Owner from any further obligations under this Agreement with respect to the Property conveyed if:
a. Owner provides evidence to the City establishing that Owner no longer has a legal or equitable interest in the Property subject to the Assignment; b. There is no default under this Agreement on the date of the Assignment or any such default has subsequently been cured; and
c. In the case of a Conveyance to an Owner Assignee, the conveying Owner has provided the City with the required Assignment and Assumption Agreement.
3.6. Subsequent Assignment. The provisions of this Section 3 shall apply to all Assignments occurring during the Term.
4. DEVELOPMENT OF THE PROPERTY
4.1. Owner's Vested Right. During the Term and subject only to the Reservation of Authority (Section 6 below) and express limitations of this Agreement:
a. Owner shall have a vested right to develop its respective Property in accordance with, and to the full extent permitted by the Existing Land Use Regulations, the Initial Development Approvals, the Project Conditions of Approval, all Subsequent Development Approvals, and any Subsequent Land Use Regulations to which Owner has given its written consent (collectively, the "Applicable Rules"); and
b. The permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the
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design, improvement and construction standards and specifications applicable to development of the Property shall be those set forth in the Applicable Rules.
4.2. Changes to Applicable Rules. Any change in the Applicable Rules which is adopted or becomes effective after the Approval Date shall not be applicable to or binding upon Owner, the Project, or the Property, unless approved in writing by Owner.
A "change in the Applicable Rules" shall include any new ordinance, resolution, policy, or other enactment, no matter how adopted or enacted, which is not contained in the Applicable Rules as of the Approval Date, except such rules described in Section 6.1.
4.3. Owner's Vested Right Upon Termination. As set forth in Section 2.4 above, termination of this Agreement shall not invalidate any Land Use Regulations or terminate any Development Approvals obtained prior to the date of termination.
Upon any termination, the extent, if any, of Owner's Vested Right as of the date of termination shall be determined by state and federal statutes and case law and the then current factual state of the Project.
4.4. Term of Map(s) and Other Project Approvals.
a. Maps. Pursuant to Government Code Section 66452.6 and any other applicable provision of the Government Code, the term of the Parcel Map and any other subdivision or parcel map that is approved for the Property shall be extended to a date coincident with the Term and, where not prohibited by State law, with any extension of the Term, unless a longer term would result under otherwise applicable State or local law. b. Other Development Approvals. Pursuant to Government Code Section 65863.9, site plan and architectural review approvals and all other Development Approvals for the Project shall automatically be extended for the longer of (i) the term of the Parcel Map and (ii) the term of any other subdivision or parcel map that is approved for the Property. Pursuant to Section 4.4(a), those terms shall be the same as the Term of this Agreement.
4.5. Timing of Development. The Parties acknowledge that Owner cannot at this time predict when or the precise rate at which the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand and other similar factors.
Because the California Supreme Court held in Pardee Construction v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a latter-enacted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that Owner shall have the right to develop the Property (but not the obligation to develop its applicable Property) in such order and at such rate and at such time as Owner
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deems appropriate within the exercise of its sole and absolute subjective business judgment. Owner shall have the right to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment.
4.6. Applicable Fees and Exactions.
a. Development Exactions. Except as expressly set forth within this Agreement, Owner, the Property, and the Project shall be subject only to those Development Exactions from which Owner is not otherwise exempt and which are (i) set forth within the Applicable Rules and (ii) uniformly applied to all development projects within the City as of the Approval Date. b. Development Impact Fees. The Development Impact Fees set forth in Exhibit "D" shall be frozen for a period of five (5) years from the Effective Date ("DIF Freeze Period"). After the termination of the DIF Freeze Period, the Project shall pay applicable Development Impact Fees at the time and rate in effect for all similar development within the City. c. Fee Credits. The Project shall be entitled to a credit against its Development Impact Fee obligations for the dedication of land and the construction of improvements or the payment of fees.
d. Processing Fees. The Project shall be subject to all Processing Fees [see Section 1.1 (aa)]. The Processing Fees shall be assessed on the same basis, according to the same rate schedule, and in the same manner as for all similar property, projects, and development within the City.
4.7. Utilities. Prior to the issuance of a certificate of occupancy for any completed structure within the Project, that structure shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to that structure.
4.8. Financing of Public Improvements. Owner may propose, and if requested by City shall cooperate in, the formation of any Financing District [see Section 1.1(r)]. To the extent that a Financing District is formed and sells bonds in order to finance reimbursements, the Owner which requested the formation of the Financing District may be reimbursed to the extent the requesting Owner spends funds or dedicates land for the establishment of public facilities. Nothing contained in this Agreement shall be construed as requiring the City or the City Council to form a Financing District.
5. PUBLIC BENEFITS.
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5.1. Contributions to City Facilities and Infrastructure. As consideration for entering into this Agreement, Lineage agrees to contribute to the City, as a public benefit, the following payment:
A one-time payment to the City in the amount of Four Million Dollars ($4,000,000). This payment shall be made prior to issuance of the Project’s first building permit.
A one-time payment in the amount of Three Hundred Fifty Thousand Dollars ($350,000) for the City to purchase equipment for its new 100’ ladder fire truck. This payment shall be made prior to issuance of a grading permit for the Project.
Lineage agrees to be annexed into two existing Community Facilities Districts, the Maintenance CFD and the Public Safety CFD prior to issuance of the Project’s first building permit. As a condition precedent to Lineage’s annexation into the CFDs, the City is required to create a Special Improvement Area for both CFDs at Developer’s expense. The Maintenance CFD shall consist of an annual special tax of Four Cents ($0.04) per square foot of square footage of the Project as set forth on the approved building permit, and the Public Safety CFD shall consist of an annual special tax of Eighteen Cents ($0.18) per square foot of square footage of the Project as set forth on the approved building permit. Both CFDs shall be subject to a three percent (3%) annual increase in the amounts of the special taxes. These special taxes shall be paid by Lineage as long as the Project is in operation, and therefore this obligation shall survive the expiration of the Term of this Agreement.
5.2 Owner Election to Install Solar. As further consideration for entering into this Agreement, Lineage agrees to contribute to the City, as a public benefit, the following if Owner decide to install solar panels to provide electricity to operate the Project, then Owner shall continue to ensure that the City is “made whole” on the amount of general fund revenue received from the City’s Electric Utility Department based on Project electricity usage. The term “made whole” is herein defined herein as City receiving from the Project the amount of $250,000/year as will be adjusted annually by the actual City electric rate increases (the “Base City Amount”). The Base City Amount $250,000 shall be paid to City by Owner in two ways:
(1) annual transfer payment from the City Electric Utility Department to the City based on electricity purchased by the Project and the resulting actual amount transferred to the City (Measure D Payment); and
(2) direct payment to City by the Owner in such amount that is the result of the equation of $250,000 Base City Amount less the actual annual transfer payment received by the
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City from this Project. The “made whole” requirement shall be pro-rated for any partial year transfer payment.
For example illustrative purposes only, the following examples illustrate the Owner’s obligation to have the City “made whole” in year 1 based on the initial Base City Amount:
(i) if actual electricity purchase for the project results in a transfer of $100,000 to the City, then the direct payment by the Owner would be $150,000;
(ii) if actual electricity purchase for the project results in a transfer of $200,000 to the City, then the direct payment by the Owner would be $50,000; and
(iii) if actual electricity purchase for the project results in a transfer of $300,000 to the City, then the direct payment by the Owner would be $0; This obligation shall be contained in a Community Benefit Agreement shall be executed by City and Owner prior to issuance of the Project’s first building permit and shall remain senior to all debt on the Project. This obligation shall continue so long as the Project is in operation and thus the obligation shall extend beyond the Term of this Agreement.
Notwithstanding any other provision, the Project shall be subject to the City’s Net Energy Metering rules and regulations in effect as may be modified from time to time in City’s sole discretion. Moreover, in the event that the Project installs any battery storage this shall not reduce the Base City Amount owed to the City.
6. RESERVATION OF AUTHORITY AND OTHER EXCEPTIONS TO OWNER'S VESTED RIGHT
6.1. City's Reservation of Authority. Notwithstanding any other provision of this Agreement, the City reserves its authority to apply the following to the Project:
a. Mitigation measures upon Subsequent Development Approvals to the extent that such mitigation measures are required by and consistent with CEQA, and only if further subsequent CEQA documentation is required. b. New Land Use Regulations which are consistent with the Applicable Rules, do not pertain to the rate or timing of development of the Property, and do not impede, delay, or add costs to the Project.
c. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure, provided that those procedural regulations are of general application to all similar property, projects, and development within the City.
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d. New categories of DIFs, to fund public facilities or services previously not funded by the DIF program in effect on the Effective Date. e. Regulations, policies, and rules governing engineering and construction standards and specifications applicable to all similar public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. f. Emergency rules, regulations, laws, and ordinances within the City's police power that would limit the exercise of either Owner's Vested Right but are reasonably necessary to protect the immediate community from a condition perilous to its health or safety ("Conflicting Emergency Regulations"). To the extent possible, Conflicting Emergency Regulations shall be applied and construed so as to provide either Owner with the rights and assurances provided under this Agreement. To apply to the Project or the Property, Conflicting Emergency Regulations must:
(i) result from a sudden, unexpected emergency declared by the President of the United States, Governor of California, or the Mayor or City Council of the City; and
(ii) if declared and/or adopted by the City, not primarily or disproportionately impact the Property or the Project relative to other property or land development projects in the City.
Any action challenging the application of a Conflicting Emergency Regulation to the Project shall be subject to de novo review by the court for compliance with the provisions of this Section.
Any delay to the Project caused by a Conflicting Emergency Regulation shall toll the Term and any time periods for performance by Owner and City set forth in this Agreement.
g. Regulations related to the ultimate use of the Property after the completion of development that impose fees or charges upon consumers or end users, including, without limitation, trash can placement, service charges, and limitations on vehicle parking (as opposed to parking requirements for the development of the Property).
6.2. Changes in Federal and State Law. The Property and/or the Project may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations or mandate the adoption of local regulations that conflict with the Applicable Rules. Upon discovery of such a subsequently enacted federal or state law, City or either Owner shall provide the other Parties with written notice containing a copy of the state or federal law or regulation and a written explanation of the legal or regulatory conflict created. Within ten (10)
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business days after receipt of that notice, City and Owner shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation. In such negotiations, City and Owner agrees to preserve the terms of this Agreement and Owner's Vested Right to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Owner in resolving the conflict in a manner which minimizes any financial impact to Owner. Any delays caused by such changes in state or federal law shall be considered delays beyond the control of City and/or Owner pursuant to Section 11.13 below.
6.3. Regulation by Other Public Agencies. Other public agencies not within the control of City may possess authority to regulate aspects of the Project separately from or jointly with City. This Agreement does not limit the authority of such other public agencies.
7. DEFAULTS AND PERIODIC REVIEW.
7.1. Periodic Review / Due Process Considerations. Pursuant to Government Code Section 65865.1 ("GC 65865.1") and Colton Municipal Code Section 18.58.102-Q2, at least once during every twelve (12) month period of the Term, City shall review the good faith compliance of Owner with the terms of this Agreement ("Periodic Review").
Because of Owner's commitment to provide its applicable Public Benefits to the City before completion of the Project, Owner would not have entered into this Agreement and made its commitment to provide the Public Benefits without assurances that Owner's Vested Right could not be terminated or modified without a fair and equitable review process and general principles of fairness and due process. Therefore, the Parties agree that, notwithstanding the provisions of GC 65865.1 and Colton Municipal Code Section 18.58.102-V:
a. Any determination by the City that Owner is in default, whether during the Periodic Review or otherwise, shall be based on the preponderance of evidence before the City.
b. In any legal action by an Owner challenging the City's determination of default, the court shall conduct a de novo review of Owner's compliance based on the administrative record and determine if the preponderance of evidence supports the City's determination.
7.2. Modifications for Owner's Noncompliance. The terms of GC 65865.1 and Colton Municipal Code Section 18.58.102-T2 allow a local agency to terminate or modify a development agreement if a periodic review of compliance with the terms of the development agreement demonstrates noncompliance by the applicant/developer. The City's right to do so is stated in permissive, rather than mandatory, terms: "the local agency may terminate or modify the agreement."
Therefore, as material consideration for entering into this Agreement, the Parties
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have agreed that, in the event of a finding of noncompliance, the City shall not modify the terms of this Agreement unless the modification has been agreed to by Owner, as provided in Government Code Section 65868.
7.3. Termination for Owner's Noncompliance. Only a "Major Default" by Owner may establish cause for the City to terminate this Agreement. A "Major Default" is limited to the material and substantial failure by Owner to meet Owner's obligations to provide the Public Benefits contemplated by this Agreement after notice and a reasonable opportunity to cure an alleged Major Default. a. Notice and Cure. Before the City may declare a Major Default or a termination of this Agreement or bring a legal action to terminate this Agreement, the City shall provide written notice to Owner setting forth the nature of the Major Default and the actions, if any, required by Owner to cure the Major Default. Owner shall be deemed in Major Default if Owner fails to cure the Major Default within thirty (30) business days after the date of such notice (for monetary defaults) or within sixty (60) business days after the date of such notice (for non-monetary defaults) ("Cure Periods"). If the nature of the alleged Major Default is such that it cannot reasonably be cured within the applicable Cure Period, Owner shall not be deemed to be in Major Default if it has commenced efforts to cure the Major Default within the applicable Cure Period and continues to diligently pursue completion of the cure.
b. Final City Council Review. If, after Owner contends that it has timely cured the alleged Major Default, the City continues to allege that Owner is in Major Default, then, before seeking a judicial remedy, the City Council must conduct a final hearing on the existence of a Major Default. If, after this hearing, the City determines that the Major Default has not been cured, the City may, at its option, institute legal action to (i) terminate this Agreement, (ii) compel Owner to cure, correct, or remedy the alleged Major Default, (iii) enjoin any threatened or attempted violation of this Agreement, (iv) enforce the terms of this Agreement through specific performance, or (v) pursue any other equitable remedy.
7.4. Default by City / Owner's Limited Remedies.
a. No Monetary Damages. The City would not have entered into this Agreement if it were to be liable in damages for a breach of this Agreement or with respect to the application of this Agreement to the Property or the Project. Therefore, the City shall not be liable in damages to Owner or any other party, and Owner covenants not to sue for monetary damages or claim any sort of monetary damages:
(i) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
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(ii) For the taking, impairment, or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or (iii) Arising out of or connected with any dispute, controversy, or issue regarding the application or interpretation or effect of the provisions of this Agreement.
b. Remedies Available to Owner. The City shall be in default if it materially fails in the performance of any of its obligations under this Agreement, including its material failure to honor any component of Owner's Vested Right as described in Section 4 above. Owner's litigation remedies shall be limited to declaratory and injunctive relief, mandate, and specific performance to compel the City to perform its obligations under this Agreement and/or to remedy the consequences to Owner of the failure of the City's material representations.
(i) Attorneys' Fees. Notwithstanding the restrictions on claims for monetary damages set forth in Section 7.4(a) above, in any action, including appeals, brought by Owner pursuant to Section 7.4(b) above, the prevailing Party shall be entitled to the recovery of its attorneys' fees and costs related to that action.
7.5. Certificate of Compliance. At any time during which an Owner has not been found to be in Major Default under this Agreement, City shall, upon written request by Owner, provide Owner with a written certificate of good faith compliance within fifteen (15) business days after City's receipt of that request.
7.6. Release. Except for non-monetary remedies or as provided in Section 7.4 above, Owner releases City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to claim for monetary damages for a taking of property without just compensation pursuant to Article I, Section 19, of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution. Owner acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
By initialing below, Owner hereby waives the provisions of Section 1542 in connection in making this release.
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Owner's Initials
8. LITIGATION
8.1. Third Party Litigation Concerning Agreement. If a third party brings an action to attack, set aside, void, or annul the approval of (i) this Agreement or (ii) any Development Approval granted pursuant to this Agreement (a "Third-Party Action"), Owner shall defend, indemnify, and hold the City harmless (collectively within this Section 8, "indemnify"), including the payment of attorneys' fees, with respect to any claims, actions, or proceedings in a Third-Party Action which relate to this Agreement. Owner's obligation to indemnify covers any of the City's agents, officers, or employees named in a Third-Party Action. If a Third-Party Action is filed, City shall notify Owner of the filing within ten (10) business days after being served with the Petition and/or complaint and shall cooperate in the defense until the Third-Party Action has concluded. If the City fails to do so, Owner's obligation to indemnify shall immediately terminate. City may in its discretion participate in the defense of any Third-Party Action. Owner's indemnity obligations contained in this Section shall survive termination of this Agreement.
If a Third Party Action is brought, the expiration date of this Agreement and all Development Approvals shall be tolled for the identical number of days the Third Party Action is pending.
8.2. Environmental Assurances. Owner shall indemnify City and its officers, agents, and employees from any liability, based or asserted upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, and independent contractors for any violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under, or about its applicable Property, including, but not limited to, soil and groundwater conditions ("Environmental Litigation"). Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents, and employees in any action based or asserted upon any such alleged act or omission.
City may in its discretion participate in the defense of any such action.
8.3. Selection of Counsel. With respect to any Third-Party Action or Environmental Litigation, City may either (1) approve the attorney(s) that Owner selects to defend the action, which approval shall not be unreasonably withheld, or (2) conduct its own defense with counsel of its choosing. If the City conducts its own defense:
a. Owner Shall Indemnify. Owner shall indemnify the City and other indemnified parties for any and all reasonable expenses incurred for such defense, including attorneys' fees, within sixty (60) calendar days of receiving an accurate itemized statement detailing those reasonable expenses.
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b. Owner Shall Proceed with Own Counsel. Owner shall defend itself with counsel of its own choosing, without needing to obtain the City's approval of counsel.
8.4. Challenge to Existing Land Use Approvals. Owner shall not sue, challenge, or encourage or support a third-party challenge of any of the Applicable Rules.
Owner does not, however, waive its right to challenge the application to Owner, the Property, or the Project of (i) an Applicable Rule in a manner which Owner contends is not consistent with the terms of the Applicable Rule or (ii) any Land Use Regulation or Development Approval which Owner contendsis not within this Agreement's definition of the "Applicable Rules."
8.5. Survival. The provisions of this Section 8 shall survive the termination of this Agreement.
9. INSURANCE. In order to protect the City and its commissions, agents, attorneys, officers, employees and authorized representatives (collectively, "Additional Insureds") against any and all claims and liability for death, injury, loss, and damage resulting from either Owner's actions in connection with this Agreement, the Property, and the Project, Owner shall secure and maintain the insurance coverage as described in and required by this Section 9 prior to any on-site construction activities at the Property by or on behalf of the Owner. Owner shall pay any deductibles and self-insured retentions under all insurance policies issued in satisfaction of the terms of this Agreement. Owner shall retain all insurance policies as set forth in this Section 9 until a Certificate of Completion for the Project has been filed and recorded pursuant to the applicable provisions of the California Civil Code (the "Certificate of Compliance").
9.1. Workers' Compensation Insurance Requirement. Owner shall submit written proof that the Owner is insured against liability for workers' compensation to the extent necessary in order to comply with the provisions of Section 3700 of the Labor Code. By executing this Agreement, the Owner makes the following certification, required by Section 1861 of the Labor Code:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Agreement."
The Owner shall require each contractor and sub-contractor performing work on the Project to provide workers' compensation coverage for all of such contractor's or sub-contractor's employees, unless the contractor's or sub-contractor's employees are covered by workers' compensation insurance provided by the Owner. If any class of employees engaged in work or services performed in connection with the Project is not covered by Labor Code Section 3700, Owner shall provide and/or require each contractor or sub-contractor to provide adequate workers' compensation insurance covering such employees. Each
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workers' compensation policy procured pursuant to this Section shall contain a full waiver of subrogation clause in favor of the Additional Insureds.
9.2. Liability and Permanent Insurance Requirements.
a. Owner shall maintain in full force and effect, until the issuance of the Certificate of Completion, subject to Section 9.2(d), the following insurance coverage:
(i) Commercial General Liability Insurance coverage, including, but not limited to, Premises-Operations, Contractual Liability Insurance (specifically covering all indemnity obligations of the Owner pursuant to this Agreement), Products-Completed Operations Hazards, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of the construction of the Project and/or the Owner's operations concerning the Property or the Project. The commercial general liability insurance coverage shall have minimum limits for Bodily Injury and Property Damage liability of TWO MILLION DOLLARS ($2,000,000) each occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate.
(ii) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired and non-owned vehicles used by the Owner with minimum limits for Bodily Injury and Property Damage of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. Such insurance shall be provided by a business or commercial vehicle policy.
(iii) If Owner hires a consultant to provide design services, such as architectural or engineering services in connection with the Project then Owner shall require each such consultant to provide Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, the performance of such design services, with limits of not less than ONE MILLION DOLLARS ($1,000,000).
(iv) Upon acceptance of the Project, from each contractor, Owner shall maintain Fire and Extended Coverage Insurance on the Project on a blanket basis or with an agreed amount clause in amounts not less than 100% of the replacement value of the Project so accepted. b. During the construction of the Project, Owner shall require that each contractor performing work on the Project maintain the following insurance coverage, as specified below, at all times during the performance of said work, or Owner shall provide for such contractors "wrap" coverage, as specified below, at all times during the performance of said work:
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(i) Owner shall maintain Builder's Risk Insurance to be written on an All Risk Completed Value form, in an aggregate amount equal to 100% of the completed insurable value of the Project or portion of the Project on which such contractor is performing work. (ii) Each general contractor and each sub-contractor shall maintain Commercial General Liability Insurance with limits of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate to protect the Owner during the construction of the Project from claims involving bodily injury and/or death and damage to the property of others. (iii) Each general contractor and each sub-contractor shall maintain Automobile Liability Insurance against claims of personal injury (including bodily injury and death) and property damage covering all owned, leased, hired and non-owned vehicles used in the performance of the contractor's obligations with minimum limits for bodily injury and property damage of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS
($2,000,000) aggregate. Such automobile liability insurance shall be provided by a business or commercial vehicle policy. c. The insurance required in Section 9.2(a) and Section 9.2(b) above shall include endorsements naming the Additional Insureds as additional insured for liability arising out of this Agreement and any operation related to this Agreement.
d. Any insurance coverage required under this Agreement shall not be written on a "claims made" basis. The applicable certificate of insurance must clearly provide that the coverage is on an "occurrence" basis. The requirements of this Section shall survive any expiration or termination of this Agreement and the Certificate of Completion.
e. Receipt by the City of evidence of insurance that does not comply with the above requirements shall not constitute a waiver of the insurance requirements of this Agreement.
f. Subject to Section 9.2(d), all of the insurance coverage required under this Section shall be maintained by Owner or its contractors, as required by the terms of this Agreement, until the issuance of the Certificate of Completion and shall not be reduced, modified, or canceled without, at least, thirty (30) days prior written notice to the City. Also, phrases such as "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall not be included in the cancellation wording of any certificates of insurance or any coverage for the Additional Insureds. Owner shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non1.2.c Packet Pg. 328 Attachment: EXHIBIT A_LINEAGE DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4159 : Development Agreement - Lineage Logistics, LLC) 23152.06329\41350964.1
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renewed, or whose policy limits are exhausted or upon insolvency of the insurer that issued the policy.
g. All insurance to be obtained and maintained by Owner under this Section shall be issued by a company or companies listed in the then current "Best's Key Rating Guide" publication with a minimum of an "A:VII" rating and be admitted to conduct business in the State of California by the State of California Department of Insurance.
h. The City will not accept self-insurance in satisfaction of the insurance requirements of this Section 9.
i. All insurance obtained and maintained by Owner in satisfaction of the requirements of this Agreement shall be primary to and not contributing to any insurance maintained by the Additional Insureds. j. Insurance coverage in the minimum amounts set forth in this Section 9 shall not be construed to relieve Owner of any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the Additional Insureds from taking such other actions as are available to them under any other provision of this Agreement or otherwise at law.
9.3. Prevailing Wage Indemnity
a. Responsibility. Owner agrees with City that Owner shall assume any and all responsibility and be solely responsible for determining whether or not laborers employed relative to the construction of the Project must be paid the prevailing per diem wage rate for their labor classification, as determined by the State, pursuant to Labor Code Section 1720, et. seq., or pursuant to applicable Federal Law.
b. Waivers and Release. Owner, on behalf of itself, its successors, and assigns, waives and releases City from any right of action that may be available to any of them pursuant to State Labor Code Section 1781 or applicable Federal Law. Relative to the waivers and releases contained in this section, Owner acknowledges the protections of Civil Code Section 1542, which reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
c. Initials. By initialing below, Owner knowingly and voluntarily waives the provisions of Section 1542 solely in connection with the Waivers and Releases of this Section:
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__________________
Initials of Authorized Representative
d. Indemnity, Defend and Hold Harmless. Additionally, Owner shall indemnify, defend and hold harmless City, against any claims pursuant to State Labor Code Section 1781 or any other law requiring payment of minimum or prevailing wage amounts arising from this Agreement of the Construction of the Project, to which Owner is the Owner.
9.4. Failure by Owner to maintain all insurance coverage required by this Section 9 in effect shall be an Event of Default by Owner. The City, at its sole option, may exercise any remedy available to them in connection with such an Event of Default. Alternatively, the City may, at its sole option, purchase any such required insurance coverage and the City shall be entitled to immediate payment from the Owner for any premiums and associated costs paid by the City for such insurance coverage. Any election by the City to purchase or not to purchase insurance otherwise required to be carried by Owner shall not relieve Owner of their obligation to obtain and maintain the insurance coverage required by this Agreement.
10. MORTGAGEE PROTECTION.
10.1. Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering some or all of the Property and/or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing related to the Property or the Project.
10.2. Lender Protection. A lender, a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns providing financing secured by the Property and/or its improvements (collectively, "Mortgagees") may require certain Agreement interpretations and modifications.
At any time requested by Owner or a Mortgagee, City shall meet with Owner and the Mortgagee to negotiate in good faith any such interpretation or modification.
City will not unreasonably withhold its consent to any requested interpretation or modification that is consistent with the intent and purposes of this Agreement.
10.3. Additional Mortgagee Rights. Any Mortgagee shall be entitled to the following:
a. Neither Owner's entry into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgagee made in good faith and for value, unless otherwise required by law. b. A Mortgagee who has submitted a request in writing to the City to receive Notices in the manner set forth in Section 11.2 below shall be entitled to receive Notice from the City of any alleged default by Owner in the performance of Owner's obligation under this Agreement. City shall
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provide a copy of that notice to the Mortgagee within ten (10) calendar days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the Cure Period set forth within this Agreement.
c. Any Mortgagee who comes into possession of some or all of the Property shall succeed to Owner's Vested Right and the benefits of this Agreement if, within ten (10) calendar days after coming into possession, the Mortgagee provides Notice to the City of that possession. At any time after receipt of that Notice, the City may provide Notice to the Mortgagee of alleged defaults in the performance of Owner's obligation under this Agreement pursuant to the provisions of Section 7, above. The Mortgagee shall then have the right, but not the obligation, to cure the alleged default in the manner provided in Section 7. If the Mortgagee fails to cure the default, however, the remedies available to the City are the same as they would have been under Section 7 if the Owner remained in possession. d. The Mortgagee shall not be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by the Mortgagee, except that the Mortgagee may not pursue Development pursuant to this Agreement until all delinquent and current fees and other monetary obligations due under this Agreement for the portions of the Property acquired by the Mortgagee have been paid to City.
11. GENERAL PROVISIONS
11.1. Amendment of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be amended by written consent of the Parties in the manner provided for in Government Code Section 65868.
11.2. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation and flexibility between the City and Owner. The development of the Project may demonstrate that clarifications or modifications to this Agreement are appropriate with respect to the details of performance of the City and Owner; except for changes to monetary obligations of City or Owner. If and when, from time to time during the Term of this Agreement, City and Owner agrees that such clarifications are necessary or appropriate, City and Owner shall effectuate such clarifications through operating memoranda approved in writing by the Parties ("Operating Memoranda"), which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Owner. No such Operating Memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager shall make the determination on behalf of the City whether a requested clarification may be effectuated pursuant to this Section 11.2 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 11.1 above.
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The City Manager shall be authorized to execute any Operating Memoranda hereunder on behalf of City.
11.3. Notices. All notices which are allowed or required to be given under this Agreement ("Notices") shall be in writing and (i) shall be deemed given and received when personally delivered or (ii) shall be deemed given when deposited in the United States mail, with postage prepaid, to be sent by registered or certified mail or overnight mail service, addressed as set forth below and be deemed received on the second business day after such mailing.
The addresses for Notices are as follows and may be changed by delivery of a Notice to these addresses:
If to City:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attention: City Manager
With a copy to:
Carlos L. Campos
Colton City Attorney
Best, Best & Krieger, LLP
74-760 Highway 111, Suite 200
Indian Wells, CA 92210
If to Owner:
Lineage Logistics LLC
4600 Humboldt Drive
Novi, MI 48377
Attn: Real Estate Department
and
With copies of each to:
Lineage Logistics, LLC
1 Park Plaza, Suite 550
Irvine, CA 92614
Attn: General Counsel
11.4. Execution and Recording. The City Clerk shall cause a copy of this Agreement to be signed by the appropriate representatives of the City and recorded with the Office of the County Recorder of San Bernardino, California, within ten (10) days following the effective date of the Adopting Ordinance. The failure of the City to
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timely sign and/or record this Agreement shall not affect the validity of and binding obligations set forth within this Agreement.
11.5. Entire Agreement. This Agreement constitutes the entire understanding and agreement of City and Owner with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between City and Owner respecting the subject matter of this Agreement.
11.6. Severability. If any part of this Agreement is declared invalid for any reason, such invalidity shall not affect the validity of the rest of this Agreement, provided that Owner's Vested Right and the Public Benefits are not materially diminished.
11.7. Recitals. Each Recital set forth at the beginning of this Agreement is a substantive part of this Agreement for the purpose of defining the context of this Agreement.
11.8. Interpretation and Governing Law.
a. Governing Law. In any dispute regarding this Agreement, the Agreement shall be governed and interpreted in accordance with the laws of the State of California.
b. Fair Meaning. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties.
c. No Drafting Party. Both Parties have been represented by counsel in the negotiation of this Agreement and neither Party should be considered the drafting party for purposes of resolving ambiguities.
d. Section Headings. Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
11.9. Jurisdiction and Venue. Venue of any action filed by either Party with respect to this Agreement shall be in the County of San Bernardino.
11.10. Cooperation. City and Owner shall cooperate and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement.
Where the consent or approval of City or Owner is needed to achieve the purposes of this Agreement, that consent or approval shall not be unreasonably withheld, delayed, or conditioned.
11.11. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
11.12. Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. There are no implied waivers. Failure by City or Owner to insist upon the strict performance of any provision of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with the same or any other provision of
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this Agreement in the future. A written waiver affects only the specific matter waived and defines the performance waived and the duration of the waiver.
11.13. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
11.14. Delay, Extension of Time for Performance. Performance by either Party of its obligations under this Agreement shall be excused and the Term shall be tolled during any period of delay caused at any time by reason of any event beyond the control of City or Owner which prevents or delays performance by City or Owner of obligations under this Agreement (an "Intervening Act"). Intervening Acts shall include, by way of example and not limitation, acts of nature, enactment of new conflicting federal or state laws or regulations (example: listing of a species as threatened or endangered), judicial actions such as the issuance of restraining orders and injunctions, third-party litigation challenging an Applicable Rule, and riots, strikes, pandemics, or damage to work in process by reason of fire, floods, earthquake, or similar casualties, and emergency orders of local, state, or federal agencies or officials. If City or Owner seeks excuse from performance due to an Intervening Act, it shall provide written notice of the Intervening Act and the resulting delay to the other Party within thirty (30) days of the commencement of the delay. If the Parties disagree as to the existence or duration of a delay resulting from an Intervening Act, either Party may seek judicial review of the need for the delay, including requests for injunctive relief.
11.15. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
11.16. Counterparts. This Agreement may be executed by the Parties in counterparts, which will have the same effect as if both Parties had executed the same Agreement.
11.17. Project as a Private Undertaking. The Project is a private development undertaken by Owner. The City has no interest in or responsibilities for or duty to third parties concerning the Project. The only relationship between City and Owner is that of a government entity regulating the development of private property.
11.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.
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11.19. Authority to Execute. The person or persons executing this Agreement on behalf of each of the Parties represents that he or she is authorized by that Party to bind that Party to this Agreement.
This Agreement has been signed by the Parties on the dates indicated below.
OWNER LINEAGE LOGISTICS, LLC
a Delaware limited liability company
By:
Name:
Title:
CITY CITY OF COLTON, a California municipal corporation By:
Frank J. Navarro, Mayor
Date:
Attest:
Carolina Padilla, City Clerk
APPROVED AS TO LEGAL FORM:
Best Best & Krieger LLP
By:
Carlos L. Campos, City Attorney
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EXHIBIT “A” -1-
EXHIBIT “A”
(Legal Description)
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LEGAL DESCRIPTION
EXHIBIT “A”
-2-
LINEAGE LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 21 AND THOSE PORTIONS OF LOTS 18, 19 AND 20 OF SUBDIVISION OF THE BANDINI DONATION, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY TOGETHER WITH PARCEL 1 OF LOT LINE ADJUSTMENT DOCUMENT NO. 2020-0511599, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION, AS CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, OF THAT PART OF LOTS 13-1/2, 14, 16, 17, 18, 19, 20 AND 22, BANDINI DONATION, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, DESCRIBED IN DEED RECORDED JUNE 2, 1954 IN BOOK 3394 PAGE 373, OFFICIAL RECORDS, SAID PORTION BEING ALL OF SAID PART LYING WITHIN A STRIP OF LAND 1050 FEET IN WIDTH, BEING 525 FEET ON EACH SIDE OF, MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE WESTERLY LINE OF RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DISTANT NORTH 19° 36' 20" WEST ALONG SAID WESTERLY LINE, 2083.09 FEET FROM A 1" IRON PIPE MARKING THAT CERTAIN CORNER OF SAID RANCHO SAN BERNARDINO COMMONLY KNOWN AS R. S. B. NO. 2; THENCE NORTHWESTERLY 902.41 FEET ALONG A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2000 FEET AND A CENTRAL ANGLE OF 25° 51' 08", THE BEGINNING TANGENT THEREOF BEARING NORTH 84° 06' 56" WEST; THENCE NORTH 58° 15' 48" WEST, 1542.71 FEET; THENCE WESTERLY 5321.53 FEET ALONG A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2950 FEET AND A CENTRAL ANGLE OF 103° 21' 22"; THENCE SOUTH 18° 22' 50" WEST, 2713.73 FEET; THENCE SOUTHWESTERLY, 1534.19 FEET ALONG A TANGENT CURVE CONCAVE TO NORTHWEST, HAVING A RADIUS OF 5000 FEET AND A CENTRAL ANGLE OF 17° 34' 50"; THENCE SOUTH 35° 57' 40" WEST, 3253.02 FEET TO THE POINT OF TERMINATION IN THE CENTER LINE OF RIVERSIDE- RIALTO ROAD (A 66-FOOT STREET), DISTANT ALONG SAID CENTER LINE 12° 57' 07" EAST, 4753.39 FEET FROM THE INTERSECTION
OF SAID CENTER LINE OF RIVERSIDE-RIALTO ROAD WITH THE CENTER LINE OF AGUA MANSA ROAD (A 50- FOOT STREET).
ALSO EXCEPTING THEREFROM THAT PORTION, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 2, 1928 IN BOOK 432, PAGE 107, OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A RIGHT OF WAY ACROSS LOTS 18, 19, 20, 21, 22, 23, AND 24 OF THE BANDINI DONATION SUBDIVISION AS RECORDED IN MAP BOOK 3, PAGE 24, OF THE RECORDS OF SAN BERNARDINO
COUNTY, STATE OF CALIFORNIA, BEING ALL OF THE PORTION OF SAID LOTS LYING NORTH
OF A LINE WHICH IS SOUTH OF,
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LEGAL DESCRIPTION
EXHIBIT “A”
-3-
PARALLEL TO AND THIRTY (30) FEET DISTANT FROM THE FOLLOWING DESCRIBED LINE OF ROAD:
BEGINNING AT A POINT IN THE PRESENT ROAD KNOWN AS AGUA MANSA ROAD, 28 FEET N. 87° 37' N OF THE NE CORNER OF AFORESAID LOT 18, THENCE WESTERLY ON A CURVE TO THE RIGHT WHOSE RADIUS IS 300 FEET, FROM A TANGENT WHOSE BEARING IS S. 55° 12' W. A DISTANCE OF 134.9 FEET; THENCE RUNNING S. 87° 06' W., A DISTANCE OF 1198.3 FEET; CROSSING THE WEST LINE OF SAID LOT 18 AT A POINT 62 FEET, MORE OR LESS, S. 10° E., FROM THE N.W. CORNER OF SAID LOT 18, CROSSING THE WEST LINE OF LOT 19, AT A POINT 68 FEET, MORE OR LESS S. 9° 30' E., FROM THE NW CORNER OF SAID LOT, CROSSING THE WEST LINE OF SAID LOT 20 AT A POINT 30 FEET, MORE OR LESS, S. 20° 30' E., FROM THE NW CORNER OF SAID LOT, AND CROSSING THE WEST LINE OF SAID LOT 21, AT A POINT 8 FEET, MORE OR LESS, S. 20° 45' E., FROM THE NW CORNER OF SAID LOT; THENCE RUNNING ON A CURVE TO THE LEFT WHOSE RADIUS IS 1273.57 FEET, A DISTANCE OF 611.5 FEET CROSSING THE WEST LINE OF AFORESAID LOT 22, AT A POINT 50 FEET, MORE OR LESS S. 32° E., FROM THE NW CORNER OF SAID LOT; THENCE RUNNING S. 53° 35' W., A DISTANCE OF 967.3 FEET, CROSSING THE WETS LINE OF AFORESAID LOT 23 AT A POINT 10 FEET MORE OR LESS, FROM THE NW CORNER OF SAID LOT, TO A POINT IN THE PRESENT NAMED AGUA MANSA ROAD, SAID POINT BEING N. 37° 15' W., AND 12 FEET, MORE OR LESS, DISTANT FROM THE NW CORNER OF AFORESAID LOT 24.
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EXHIBIT “B” -1-
EXHIBIT “B”
(Property Location)
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EXHIBIT “C” -1-
EXHIBIT “C”
(Assignment and Assumption Agreement Form)
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EXHIBIT “C”
-2-
ASSIGNMENT AND ASSUMPTION OF SPECIFIED
RIGHTS AND OBLIGATIONS UNDER THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF COLTON AND IDI AGUA MANSA, LLC AND LINEAGE LOGISTICS, LLC This Assignment and Assumption of Specified Rights and Obligations (“Assignment and Assumption Agreement”) is entered into between Lineage Logistics, LLC (“Owner”) and _______________ (“Assignee”) as of __________, _____ (the “Effective Date”).
RECITALS
A. Owner and the City of Colton (the “City”) entered into a Development Agreement dated __________, 2023 (the “Development Agreement”) for real property consisting of approximately 35.95 acres within the City (the “Property”). The Property is more particularly described in Exhibit A and depicted on Exhibit B.
B. This Assignment and Assumption Agreement is entered into pursuant to Section 3.1 of the Development Agreement.
C. Owner has conveyed to Assignee that portion of its interest in the Property which is set forth in Paragraph 1 below (the “Conveyance”).
D. In connection with the Conveyance, Owner has assigned to Assignee certain rights (set forth in Paragraph 2 below) under the Development Agreement (the “Assignment of Rights”).
E. In connection with the Conveyance, Owner also has delegated to Assignee certain obligations (set forth in Paragraph 3 below) under the Development Agreement (the “Delegation of Obligations”).
F. When delivered to the City, this Assignment and Assumption Agreement is intended to serve as the notice to the City required by Section 3.3(b) of the Development Agreement.
G. As of the Effective Date of this Assignment and Assumption Agreement, Owner is not in Major Default, of the Development Agreement, as defined in Section 1.1(y).
AGREEMENT
Owner and Assignee agree as follows:
1. Conveyance. The Conveyance pertains to and is limited to the Property described as follows (the “Transferred Property”):
[Insert description of Transferred Property by tract, parcel, and/or lot number]
2. Assignment of Rights. In connection with the Conveyance, Owner has assigned to Assignee the following rights under the Development Agreement:
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EXHIBIT “C”
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a. The right to build 474,021square feet of commercial structures. b. The vested right to complete the development of the Transferred Property pursuant to the “Development Plan” defined in the Development Agreement. c. The right to $__________ in __________ Fee Credit, $__________ in Fee Credit, $__________ in __________ Fee Credit, and $ __________ in other credit toward [specify other Development Impact Fee], as those terms are defined in the Development Agreement.
d. The following right to reimbursement as provided in the Development Agreement:
[Insert the basis for and the amount of (or applicable formula) the reimbursement.] e. Community Benefit Agreement
3. Assumption of Obligations. Owner has delegated to Assignee and Assignee unconditionally agrees to assume all duties and obligations of Owner under the Development Agreement remaining to be performed with respect to the Transferred Property on the effective date of this Assignment and Assumption Agreement.
4. Execution. Owner, the Assignee and the City have signed this Assignment and Assumption Agreement on the dates indicated below. As such, this assignment is deemed fully completed.
OWNER LINEAGE LOGISTICS, LLC,
a Delaware limited liability company
By:
Name:
Title:
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EXHIBIT “C”
-4-
CITY City of Colton, a California municipal corporation By:
Date:
Assignee:
By:
Name:
Its:
Date:
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EXHIBIT “C”
-5-
EXHIBIT A
LINEAGE LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 21 AND THOSE PORTIONS OF LOTS 18, 19 AND 20 OF SUBDIVISION OF THE BANDINI DONATION, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY TOGETHER WITH PARCEL 1 OF LOT LINE ADJUSTMENT DOCUMENT NO. 2020-0511599, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION, AS CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, OF THAT PART OF LOTS 13-1/2, 14, 16, 17, 18, 19, 20 AND 22, BANDINI DONATION, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, DESCRIBED IN DEED RECORDED JUNE 2, 1954 IN BOOK 3394 PAGE 373, OFFICIAL RECORDS, SAID PORTION BEING ALL OF SAID PART LYING WITHIN A STRIP OF LAND 1050 FEET IN WIDTH, BEING 525 FEET ON EACH SIDE OF, MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE WESTERLY LINE OF RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DISTANT NORTH 19° 36' 20" WEST ALONG SAID WESTERLY LINE, 2083.09 FEET FROM A 1" IRON PIPE MARKING THAT CERTAIN CORNER OF SAID RANCHO SAN BERNARDINO COMMONLY KNOWN AS R. S. B. NO. 2; THENCE NORTHWESTERLY 902.41 FEET ALONG A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2000 FEET AND A CENTRAL ANGLE OF 25° 51' 08", THE BEGINNING TANGENT THEREOF BEARING NORTH 84° 06' 56" WEST; THENCE NORTH 58° 15' 48" WEST, 1542.71 FEET; THENCE WESTERLY 5321.53 FEET ALONG A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2950 FEET AND A CENTRAL ANGLE OF 103° 21' 22"; THENCE SOUTH 18° 22' 50" WEST, 2713.73 FEET; THENCE SOUTHWESTERLY, 1534.19 FEET ALONG A TANGENT CURVE CONCAVE TO NORTHWEST, HAVING A RADIUS OF 5000 FEET AND A CENTRAL ANGLE OF 17° 34' 50"; THENCE SOUTH 35° 57' 40" WEST, 3253.02 FEET TO THE POINT OF TERMINATION IN THE CENTER LINE OF RIVERSIDE- RIALTO ROAD (A 66-FOOT STREET), DISTANT ALONG SAID CENTER LINE 12° 57' 07" EAST, 4753.39 FEET FROM THE INTERSECTION
OF SAID CENTER LINE OF RIVERSIDE-RIALTO ROAD WITH THE CENTER LINE OF AGUA MANSA ROAD (A 50- FOOT STREET).
ALSO EXCEPTING THEREFROM THAT PORTION, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 2, 1928 IN BOOK 432, PAGE 107, OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A RIGHT OF WAY ACROSS LOTS 18, 19, 20, 21, 22, 23, AND 24 OF THE BANDINI DONATION SUBDIVISION AS RECORDED IN MAP BOOK 3, PAGE 24, OF THE RECORDS OF SAN BERNARDINO
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EXHIBIT “C”
-6-
COUNTY, STATE OF CALIFORNIA, BEING ALL OF THE PORTION OF SAID LOTS LYING NORTH
OF A LINE WHICH IS SOUTH OF,
PARALLEL TO AND THIRTY (30) FEET DISTANT FROM THE FOLLOWING DESCRIBED LINE OF ROAD:
BEGINNING AT A POINT IN THE PRESENT ROAD KNOWN AS AGUA MANSA ROAD, 28 FEET N. 87° 37' N OF THE NE CORNER OF AFORESAID LOT 18, THENCE WESTERLY ON A CURVE TO THE RIGHT WHOSE RADIUS IS 300 FEET, FROM A TANGENT WHOSE BEARING IS S. 55° 12' W. A DISTANCE OF 134.9 FEET; THENCE RUNNING S. 87° 06' W., A DISTANCE OF 1198.3 FEET; CROSSING THE WEST LINE OF SAID LOT 18 AT A POINT 62 FEET, MORE OR LESS, S. 10° E., FROM THE N.W. CORNER OF SAID LOT 18, CROSSING THE WEST LINE OF LOT 19, AT A POINT 68 FEET, MORE OR LESS S. 9° 30' E., FROM THE NW CORNER OF SAID LOT, CROSSING THE WEST LINE OF SAID LOT 20 AT A POINT 30 FEET, MORE OR LESS, S. 20° 30' E., FROM THE NW CORNER OF SAID LOT, AND CROSSING THE WEST LINE OF SAID LOT 21, AT A POINT 8 FEET, MORE OR LESS, S. 20° 45' E., FROM THE NW CORNER OF SAID LOT; THENCE RUNNING ON A CURVE TO THE LEFT WHOSE RADIUS IS 1273.57 FEET, A DISTANCE OF 611.5 FEET CROSSING THE WEST LINE OF AFORESAID LOT 22, AT A POINT 50 FEET, MORE OR LESS S. 32° E., FROM THE NW CORNER OF SAID LOT; THENCE RUNNING S. 53° 35' W., A DISTANCE OF 967.3 FEET, CROSSING THE WETS LINE OF AFORESAID LOT 23 AT A POINT 10 FEET MORE OR LESS, FROM THE NW CORNER OF SAID LOT, TO A POINT IN THE PRESENT NAMED AGUA MANSA ROAD, SAID POINT BEING N. 37° 15' W., AND 12 FEET, MORE OR LESS, DISTANT FROM THE NW CORNER OF AFORESAID LOT 24.
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EXHIBIT “C” -7-
EXHIBIT B
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EXHIBIT "D"
-1-
EXHIBIT "D"
Development Impact Fees Fee Multiplier
Infrastructure Fee - SBCTA fee $1,967.00 Per 1K s.f.
Traffic Facilities Fee $147.00 Per 1K s.f.
Civic Center Fee $16.00 Per 1K s.f.
Fire Station Fee $79.00 Per 1K s.f.
Library Fee $46.00 Per 1K s.f.
Police Station Fee $102.00 Per 1K s.f.
Park Development Fee $0.28 Per s.f.
Industrial Water-Waste Water Fee Flat Fee [depends on
meter size]
(Applicable Development Impact Fees)
Building SF: 474,021 SF
*above SF includes 10,000 SF Office
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Error! Unknown document property name..Error! Unknown
document property name.
Error! Unknown document property name..Error! Unknown
document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
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EXHIBIT "E"
[Intentionally left blank]
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Error! Unknown document property name..Error! Unknown
document property name.
Error! Unknown document property name..Error! Unknown
document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
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EXHIBIT "F"
[INSERT PROJECT COA]
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Error! Unknown document property name..Error! Unknown
document property name.
Error! Unknown document property name..Error! Unknown
document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
-3-
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Packet Pg. 354 Attachment: PC 2023 May 9_Meeting Minutes (4159 : Development Agreement - Lineage Logistics, LLC) Planning Commission Meeting Minutes
May 9, 2023
�OGISTICS CENTER, BUILDING 1, FOR PROPERTY LOCATED AT' 1500 AGUA
MANSA ROAD IN THE CITY OF COLTON
F. Staff recommends that the Planning Commission adopt the attached Resolution No.
R-07-23:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLTON
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT
AGREEMENT WITH IDI AGUA MANSA, LLC FOR THE AGAU MANSA LOGISTICS CENTER, BUILDING 2, FOR PROPERTY LOCATED AT 1400 AGUA MANSA ROAD IN THE CITY OF COLTON.
Public Hearing was closed on April 25, 2023.
Cecilia So, Environmental Consultant for the City ofColton.
COMMISSON ACTION
Motion and second by Commissioner Grossich / Commissioner Dr. Peters to approve with comments to R-06-23 and R-07-23 (Development Agreements).
Amendment to list of Development Agreement (DA) comments to maker of the motion by Lemos accepted by Grossich - with final comments on DA accepted by Commission Members included:
1. City Council to consider increasing the rate per square footage in the CFD as truck impacts to roads are more severe than residential or commercial projects (Look at 22 Cents a square foot instead of 18 Cents a square foot and has seen up to 34 cents a square foot); 2. Consider adjusting the square footage used for the Lineage Building (1500 Agua Mansa) since the building volume was not broken into multiple story building square footage; 3. City Council should consider removing the freeze on Development Impact Fees; 4. City Council should consider restricting truck traffic traveling north on Rancho Avenue to the I-10 Freeway; 5. A plan or maintenance fee should be included with the $10,000 donation for future monument sign or other improvement within the Agua Mansa Historic District; 6. City Council should consider increasing. the 3 percent annual or actual CPI index whichever was greater in the CFDs.
Roll Call vote: Ayes: 4
3. FILE INDEX NUMBER:
Noes: 1 (Baden)
DAP-001-804
Absent: 0 Abstain: 0
Heavy Hitters Racing
APPLICANT: Johnny Olguin, Owner, Heavy Hitters Racing
PROPERTY OWNER: Comer Family Trust, Finn Comer, Managing Partner PROPERTY LOCATION: 1130 S. Rancho Ave (Also includes 460-476 West Fogg Street and 1100-1140 S. Rancho A venue
ASSESSOR'S PARCEL NUMBER(S): 0163-453-06
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Packet Pg. 358 Attachment: PC 2023 May 9_Meeting Minutes (4159 : Development Agreement - Lineage Logistics, LLC)
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Packet Pg. 359 Attachment: PC 2023 May 9_Meeting Minutes (4159 : Development Agreement - Lineage Logistics, LLC) ITEM NO. 3
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE NO O06-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF COLTON AND IDI AGUA
MANSA, LLC FOR THE AGUA MANSA LOGISTICS CENTER
PROJECT, ORDINANCE NO. O-06-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Waive Full Reading. Read by Title Only and Introduce First Reading Ordinance No. O-06-23 entitled:
An Ordinance of the City Council of the City of Colton Approving the IDI Agua Mansa, LLC Development Agreement for property generally located at 1400 Agua Mansa Road in the City of Colton
(Public Hearing Continued from June 20, 2023)
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
1.3 Packet Pg. 360
Staff Report to the Mayor and City Council
Development Agreement - IDI Agua Mansa , LLC
July 18, 2023
MOTION __________ SECOND __________
BACKGROUND
On September 15, 2020, IDI Agua Mansa, LLC filed applications with the City of Colton to develop two new warehouse/distribution buildings on a 60.84-acre vacant site located at 1400 and 1500 Agua Mansa Road (“Project”). Although the entitlement applications were filed as one project, referred to as “Agua Mansa Logistics Center,” the project is proposed to be developed on two parcels by two industrial developers, as follows:
Building 1: A 474,021 square foot cold storage warehouse/distribution and office building on a
35.95-acre site. Developer: Lineage Logistics, LLC
Building 2: A 456,445 square foot warehouse/distribution and office building on a 24.89-acre site. Developer: IDI Agua Mansa, LLC
Following discussions between staff and the applicant regarding the applicant’s desire to obtain assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements (except as provided in a development agreement), and thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project, the applicant proposed to enter into a development agreement for the Project. A single development agreement application addressing both Building 1 and Building 2 was submitted on July 22, 2021.
As the two buildings were to be developed and owned by two separate entities, Lineage Logistics and IDI Agua Mansa, on separate parcels, it was subsequently decided that two development agreements could better serve the applicant(s) and the City’s interests. Two development agreements would also serve the interests and obligations of future property owners, and assist the City in tracking public benefit commitments. Therefore, the City is bringing forth two development agreements for consideration by the City Council: One agreement for Building 1 (Lineage Logistics, LLC) and one agreement for Building 2 (IDI Agua Mansa, LLC).
At a public hearing conducted on May 9, 2023, the Planning Commission voted 4:1 to recommend approval of both Development Agreements, with comments (Commissioner Baden voting “No”). Planning Commission Resolution No. R-06-23 and Minutes of May 9th meeting are attached. The Planning Commission comments are discussed below.
ISSUES/ANALYSIS
Staff, with legal and technical support from the City Attorney, has negotiated the following terms of the Development Agreement with IDI Agua Mansa, LLC, applicable to Building 2 (1400 Agua Mansa Road):
Assurances:
Freeze all entitlements for a period of 15 years; and
1.3 Packet Pg. 361
Staff Report to the Mayor and City Council
Development Agreement - IDI Agua Mansa , LLC
July 18, 2023
Freeze existing impact fees for a period of 5 years.
Public Benefits:
One-time payment of $2,000,000 to the City;
One-time payment of $10,000 toward design, fabrication and installation of a historic monument/plaque to commemorate the Agua Mansa Historic District; One-time payment of $245,000 for widening of the Rialto Bridge (Agua Mansa Road); Agreement to annex into the City’s Maintenance and Public Safety Community Facilities Districts (subject to 3% annual increase): and
Assurance that a minimum electric utility transfer payment to the City’s general fund does not fall below $75,000 annually (to be adjusted annually by actual City electric rate increases), whether or not the solar panels are installed on the structure. This requirement will be in effect as long as the building is in operation.
It is the opinion of staff that, should the Project entitlements be approved, the negotiated public benefits contained in the Development Agreement are in the short- and long-term interests of the City.
Planning Commission Comments
The Planning Commission recommendation to approve of the Development Agreement included the following comments, which were accepted by the Commission:
The City Council should consider increasing the Maintenance Community Facilities District (CFD) assessment rate ranging from 22 cents per square foot to 34 cents per square foot, rather than 18 cents per square foot equivalency based on the Rate & Method of Apportionment (RMA) report, due to truck impacts to area roadways. Both the Public Safety and Maintenance CFD assessments should increase annually by 3 percent or the actual CPI, whichever is greater. The current language provides for a 3 percent annual increase.
Consider removing the freeze on Development Impact Fees. Consider restricting truck traffic traveling north on Rancho Ave. to the I-10 Freeway. A plan or maintenance fee should be included with the $10,000 donation for a future monument sign or other improvement in the Agua Mansa Historic District.
Environmental Review
The City has conducted an analysis of the Project, consistent with CEQA Guidelines section 15183 (“Section 15183 Analysis”), and found that it is in conformance with the analysis and conclusions of the General Plan EIR, that there are no new significant off-site or cumulative impacts that were not analyzed in the General Plan EIR, and that there are no adverse impacts that are more severe than those previously identified in the General Plan EIR.
FISCAL IMPACTS
1.3 Packet Pg. 362
Staff Report to the Mayor and City Council
Development Agreement - IDI Agua Mansa , LLC
July 18, 2023
This agreement will result in one-time payments to the City of $2,255,000, annual payments of a minimum $.04/sq. ft. for Maintenance CFD and $.18/sq. ft. for Public Safety CFD, and annual “solar offset” base payment of $51,000 to the City’s general fund.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. PC Resolution No. R-07-23_Recommending Approval of Development Agreement_IDI Agua Mansa.doc
2. ORDINANCE O-06-23_IDI Agua Mansa Development Agreement
3. EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT
4. PC 2023 May 9_Meeting Minutes
1.3 Packet Pg. 363
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ORDINANCE NO. O-06-23
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COLTON, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF COLTON AND IDI AGUA MANSA, LLC FOR THE
AGUA MANSA LOGISTICS CENTER PROJECT FOR
PROPERTY GENERALLY LOCATED AT 1400 AGUA
MANSA ROAD IN THE CITY OF COLTON
WHEREAS, the City of Colton (“City”) has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, pursuant to California Government Code Sections 65864 et seq. and Colton Municipal Code Section 18.58.102, the City is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein; and
WHEREAS, IDI Agua Mansa, LLC, a Delaware limited liability company, proposes to develop the Building 2 of the Agua Mansa Logistics Center (Case Nos.
DAP-001-716 and DAP-001-668), more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference (“Project”); and WHEREAS, on May 9, 2023, the Planning Commission of the City of Colton approved the Architectural & Site Plan Review, Certificate of Appropriateness and Tentative Parcel Map to provide for the orderly growth and quality development of the Project in accordance with the General Plan; and
WHEREAS, because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Developer has proposed to enter into a development agreement concerning the Project (“Development Agreement”) to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the Development Agreement, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project; and
WHEREAS, at a duly noticed public hearing held on May 9, 2023, the Planning Commission considered the Staff Report, the Development Agreement, all recommendations by staff, and public testimony, and adopted Resolution No. R-07- 23, recommending to the City Council approval of the Development Agreement; and WHEREAS, the City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals and policies of the City’s General Plan; and
WHEREAS, the City Council has found that this Development Agreement is consistent with the City’s General Plan; and
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WHEREAS, the City Council has determined that by entering into the Development Agreement: (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant benefits will be created for City residents and the public generally from increased employment, property tax revenue, and contributions from Developer toward public capital improvements; and WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project subject to conditions and requirements set for therein; and
WHEREAS, on June 20, 2023, the City Council held a duly advertised public hearing on the Development Agreement; and
WHEREAS, at the public hearing, the City Council considered the Staff Report, the Development Agreement, and public testimony.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
COLTON DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to California Government Code Section 65865, the City Council hereby approves the Development Agreement, attached hereto as Exhibit "A", entitled "A Development Agreement between City of Colton and IDI Agua Mansa, LLC, a Delaware limited liability company” (aka “Agua Mansa Logistics Center, Building 2 Development Agreement”) (the "Development Agreement").
Section 2. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds this Development Agreement not be detrimental to the health, safety and welfare of the community because the Development Agreement will permit land uses that best reflect community needs, including the need for local employment opportunities and increased property tax revenue to fund City services, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City.
Section 3. Pursuant to California Government Code Section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property that is consistent with the uses and intensity allowed under the General Plan.
Section 4. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that: (i) the economic interests of Colton citizens and the public health, safety and welfare will be best served by entering into the Development Agreement; (ii) this Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Property is located; (iii) the Development Agreement is in conformity with the public convenience, general welfare and good land use practice; and (iv) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property.
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The City Council further finds that among the public benefits to accrue to the residents of the City as a result of the Development Agreement are: (a) A one-time payment of $2 million to the general fund; (b) one-time capital contribution of $245,000 toward widening of the Rialto Channel Bridge; and (c) minimum solar offset payment to the general fund.
Section 5. The City has conducted an analysis of the Project, consistent with CEQA Guidelines section 15183 (“Section 15183 Analysis”), and found that it is in conformance with the analysis and conclusions of the General Plan EIR, that there are no new significant off-site or cumulative impacts that were not analyzed in the General Plan EIR, and that there are no adverse impacts that are more severe than those previously identified in the General Plan EIR.
Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code section 65868.5, within 10 days following the entering of the Development Agreement, as evidence by the full execution thereof, the City Clerk shall record the Development Agreement with the San Bernardino County Recorder.
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2023. ___________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
STEPHANIE VARGAS
Acting City Clerk
APPROVED AS TO FORM:
__________________________________
Best Best & Krieger LLP
City Attorney
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Packet Pg. 371 Attachment: ORDINANCE O-06-23_IDI Agua Mansa Development Agreement (4158 : Development Agreement - IDI Agua Mansa , LLC) 23152.06329\41350928.1
5/31/23
Recorded at request of:
City Clerk, City of Colton
When recorded return to:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attention: City Clerk
Exempt from filing fees pursuant to Government Code §6103 DEVELOPMENT AGREEMENT NO. __________________
A DEVELOPMENT AGREEMENT BETWEEN
CITY OF COLTON
and
IDI AGUA MANSA, LLC a Delaware limited liability company
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Packet Pg. 372 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa 23152.06329\41350928.1
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered into as of this ___ day of ___________, 2023 by and between the City of Colton, California ("City"), and IDI Agua Mansa, LLC, a Delaware limited liability company ("IDI" or "Owner"). At times, the City and Owner are referred to jointly within this Agreement as the "Parties" and individually as a "Party."
RECITALS
A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq., of the California Government Code. The Development Agreement Statute authorizes the City to enter into development agreements with persons or entities having legal or equitable interests in real property to establish predictability for both City and the property owner in the development process.
B. Owner has requested City to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of City.
C. Owner holds legal title to the real property described in Exhibit "A" to this Agreement1 (the "Property") and is depicted on Exhibit "B" commonly known as 1400 Aqua Mansa Road, Colton, CA.
D. The Property consists of approximately 24.49 acres designated as Heavy Industrial (M-2) in both the City General Plan and Zoning Code.
E. Owner proposes to develop the Property with a state-of-the-art concrete tilt-up industrial warehouse building of approximately 456,000 square feet (the "Project").
F. Owner is requesting from the City the following discretionary approvals (collectively, the "Initial Development Approvals"):
a. This Agreement;
b. Architectural and Site Plan Approval ;
c. Conditional Use Permit No. DAP-001-668 related to (i) the storage of trailers and/or trucks; and (ii) 24-hour warehouse operation; and
d. Tentative Parcel Map No. 20146 to consolidate multiple legal lots into two separate legal parcels (the "Parcel Map").
1 All references within this Agreement to an "Exhibit" refer to an exhibit to this Agreement, unless otherwise specified.
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e. The Initial Development Approvals include various Project Conditions of Approvals, which are attached hereto and incorporated herein by reference as Exhibit "F" ("Project Conditions of Approval").
G. [Intentionally left blank].
H. In addition to the Initial Development Approvals, Owner shall require "Subsequent Development Approvals" [see definition in Section 1.1(jj) below] to complete development of the Project.
I. The City and Owner desire to obtain the binding agreement of each other to permit the development of the Property in accordance with the provisions of this Agreement.
J. The terms and conditions of this Agreement have undergone extensive review by City and Owner and have been found to be fair, just, and reasonable.
K. The City Council has found that the best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement.
L. The City Council has found that this Agreement will have a major, beneficial economic impact on the City in that it will provide to the City and its residents the specific and valuable public benefits set forth in Section 5 below (the "Public Benefits").
M. The physical effects, if any, of the Project on the environment have been separately analyzed pursuant to the California Environmental Quality Act ("CEQA").
N. In accordance with Section 18.58.010 of the Colton Municipal Code, the City's Planning Commission and City Council each have (i) given notice of their intention to consider this Agreement, (ii) conducted public hearings on this Agreement as required by the Government Code, and (iii) found the provisions of this Agreement to be consistent with the City's General Plan.
O. On __________, 2023, the Planning Commission held a duly noticed public hearing at which the Planning Commission recommended approval of this Agreement to the City Council.
P. On _____________, 2023, the City Council adopted a Section 15183 Consistency Analysis, for the Project, approved the Initial Development Approvals, and conducted the first reading of Ordinance No. _________ (the "Adopting Ordinance") approving this Agreement.
Q. On _____________, 2023, the City Council adopted the Adopting Ordinance.
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AGREEMENT
The Parties agree as follows:
1. DEFINITIONS AND EXHIBITS
1.1. Definitions. The following terms when used in this Agreement shall be defined as follows:
a. "Adopting Ordinance" means Ordinance No. ________ approved by the City Council adopting this Agreement.
b. "Agreement" means this Development Agreement.
c. "Applicable Rules" means the Existing Land Use Regulations, the Initial Development Approvals, all Subsequent Development Approvals, any Subsequent Land Use Regulations to which Owner has given its written consent, and this Agreement.
d. "Approval Date" means the date on which the City Council conducted the second reading of the Adopting Ordinance. That date is
_______________, 2023.
e. "Assignment" means the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement in connection with the Conveyance of some or all of the Property.
f. "Assignment and Assumption Agreement" refers to the agreement required by Section 3.3(b) below.
g. "City Council" means the duly elected city council of the City of Colton. h. "City" means the City of Colton, a California municipal corporation. i. "Conveyance" means the sale, transfer, assignment, or other conveyance of the Property in whole or in part to any third party of any nature during the Term.
j. "Development" means the improvement of the Property for the purposes of completing all structures, improvements, and facilities comprising the Project as contemplated by this Agreement. "Development" does not include the maintenance, repair, reconstruction, or redevelopment of any building, structure, improvement, or facility after the completion of its initial construction and its subsequent occupancy.
k. "Development Approvals" means all non-legislative permits, entitlements, and other approvals granted or issued by the City for the use of, construction upon, and/or development of the Property pursuant to this Agreement, including, without limitation, those for site plan review, architectural review, excavation, grading, building, construction,
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encroachment or street improvement permits, occupancy certificates, utility connection authorizations, drainage, landscape, and other permits or approvals necessary for the development, construction, marketing, use, and occupancy of the Project. For the purposes of this Agreement, Development Approvals consist of the "Initial Development Approvals" and "Subsequent Development Approvals," as those terms are defined below.
l. "Development Exaction" means any requirement of the City in connection with or pursuant to the implementation or approval of a Land Use Regulation applicable to the Project and/or a Development Approval for the Project which requires Owner, the Property, and/or the Project to either:
(i) Dedicate or otherwise convey land to the City, any other agency, or any third party;
(ii) Construct improvements for the benefit of the City, any other agency, or any third party;
(iii) Pay fees, including but not limited to "Development Impact Fees," or perform other actions in order to lessen, offset, mitigate, or compensate for the effects of the Project; or
(iv) Convey to the City, any other agency, or any third-party funds, commitments, or any other thing of value.
m. "Development Impact Fee" (DIF) means a payment imposed on Owner or the Project pursuant to the requirements of the Mitigation Fee Act set forth in the California Government Code at Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) that are applicable on the Effective Date. For purposes of this Agreement, Development Impact Fees do not include fees paid pursuant to the Mitigation Fee Act which are imposed by agencies, including school districts, other than the City. In addition, Development Impact Fee does not include later-adopted development impact fees that do not currently exist and are uniformly applied to all development projects in the City.
n. "Development Plan" means the plan for development of the Property as set forth in the Applicable Rules.
o. "DIF Freeze Period" means the five (5) year period where existing Development Impact Fees in effect will be frozen, as specified in Exhibit "D".
p. "Effective Date" means the date the ordinance approving and authorizing this Agreement becomes effective.
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q. "Existing Land Use Regulations" means all Land Use Regulations in effect on the Approval Date, including the General Plan and applicable zoning.
Changes to Land Use Regulations becoming effective from the day after the Approval Date through the Effective Date shall not be considered part of the Existing Land Use Regulations without Owner's prior written consent, except as provided in Section 6.1. This Agreement, a Land Use Regulation which shall not become effective until the Effective Date, has Owner's prior written consent and shall be considered an Existing Land Use Regulation.
r. "Extension" refers to an extension of the Term pursuant to Section 2.1 below.
s. "Financing District" means a special assessment district, community facilities district, or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities which are part of the Development Plan.
t. "Indemnify" means, when used in Section 8 below, to defend, indemnify, and hold harmless.
u. "Initial Development Approvals" means those Development Approvals approved on the Approval Date as listed in Recital F, as well as revisions, addenda, amendments, and modifications to each of these actions that are finally approved in accordance with the Colton Municipal Code. v. "Land Use Regulations" means all legislative acts, including ordinances, resolutions, codes, rules, regulations, and official policies of the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, initial occupancy standards and specifications, and impact, building, processing, affordable housing, and all other fees applicable to the development of land within the City.
Land Use Regulations include this Agreement, the General Plan and the Colton Municipal Code. "Land Use Regulations" does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(i) the conduct of businesses, professions, and occupations; (ii) taxes (special or general) and assessments;
(iii) the control and abatement of nuisances;
(iv) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property;
(v) the exercise of the power of eminent domain.
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w. [Intentionally left blank]
x. [Intentionally left blank]
y. "Major Default" means either individual Owner's material and substantial failure to meet that Owner's obligations to provide the Public Benefits contemplated by this Agreement after notice and a reasonable opportunity to cure an alleged Major Default.
z. "Mortgagee" means a lender, a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns providing financing secured by the Property and/or its improvements.
aa. "Notice" means any written communication, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or similar action required or permitted by this Agreement.
bb. "Owner" means, individually and/or collectively as the context may require, (i) IDI and (ii) Lineage, and their successors and assigns with respect to the ownership of the Property.
cc. "Owner's Vested Right" means, with respect to each Owner, such Owner's guaranteed right to develop the Property as set forth in this Agreement, including, but not limited to, the provisions of Section 4 below. dd. "Processing Fees" means all City application, processing, permit, and similar fees that are generally applicable to all development projects within the City, including those imposed to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with Development Approvals granted or issued. ee. "Parcel Map" means Tentative Parcel Map No. 20358, which is part of the "Initial Development Approvals."
ff. "Project" means the development of the Property as set forth in the Development Plan, as described in Recital E.
gg. "Project Conditions of Approval" means the conditions of approval imposed by the City in the Initial Development Approvals, and specified in Exhibit "F".
hh. "Property" means the real property described on Exhibit "A" and depicted on Exhibit "B".
ii. "Reservation of Authority" means the rights and authority of the City set forth in Section 6 below which limit the assurances and rights provided to Owner under this Agreement.
jj. "Subsequent Development Approvals" means all Development Approvals for the Project which are approved, granted, or issued after the Approval
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Date and which are required or permitted by the Applicable Rules and/or this Agreement.
kk. "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not incorporated within the definition of Existing Land Use Regulations. ll. "Term" means the term of this Agreement as set forth in Section 2.1.
1.2. Exhibits. The following attached Exhibits are a substantive part of this Agreement:
Exhibit "A" – Legal Description.
Exhibit "B" – Property Location.
Exhibit "C" – Assignment and Assumption Agreement Form
Exhibit "D" – Applicable Development Impact Fees
Exhibit "E" – [Intentionally left blank]
Exhibit "F"—Project Conditions of Approval
2. DURATION OF AGREEMENT
2.1. Term. This Agreement shall start on the Effective Date and remain in effect for a term of fifteen (15) years (the "Term"). The Term may be further modified by mutual written agreement of the Parties. All references in this Agreement to the "Term" include any extensions of the Term.
2.2. Termination. Unless otherwise extended pursuant to this Agreement, this Agreement shall terminate upon the first to occur of:
a. The conclusion of the Term and any extensions of the Term; b. Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits for the Project and acceptance by City or applicable public agency of all required dedications.; c. Termination by order of a California court of law; and d. Termination by mutual written agreement of the Parties.
2.3. Agreement Terms Surviving Termination. Upon termination of this Agreement, the only rights or obligations under this Agreement which any Party shall have are those expressly set forth within this Agreement.
2.4. Development Rights Upon Termination. Termination of this Agreement shall not invalidate any Land Use Regulations in effect or terminate any Development Approvals obtained prior to the date of termination of this Agreement.
3. CONVEYANCE, ASSIGNMENT, AND RELEASE
3.1. Right to Assign. Each Owner shall have the right to sell, transfer, assign, or otherwise convey its Property in whole or in part (provided that no such partial
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transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any third party of any nature (an "Assignee") at any time during the Term (collectively, a "Conveyance").
3.2. Assignee's Status Under this Agreement. For purposes of this Section 3, Assignees will fall into two categories:
a. Owner Assignee. An Assignee who acquires an interest in some or all of the Property and intends to retain the right to complete development of the acquired portion of the Property pursuant to this Agreement shall be referred to as an "Owner's Assignee."
b. User Assignee. An Assignee who acquires an interest in some or all of the Property in an improved condition and does not intend to further improve the Property pursuant to this Agreement shall be referred to as a "User Assignee."
3.3. Rights and Obligations of Owner's Assignee. Subject to compliance with this Section 3.3, an Owner Assignee shall succeed to the rights and obligations of the Owner under this Agreement with respect to that portion of the Property conveyed to the Owner Assignee. Any Conveyance to an Owner Assignee shall (i) include both an assignment of all rights ("Assignment of Rights") and a delegation of all obligations("Delegation of Obligations") existing under this Agreement as of the date of the Conveyance with respect to the portion(s) of the Property conveyed and (ii) be made in strict compliance with the following conditions precedent:
a. No Assignment of Rights or Delegation of Obligations (collectively, an "Assignment") shall be made unless made together with a Conveyance. b. Concurrent with any Assignment, Owner shall notify City in writing of the Assignment and shall provide City with an "Assignment and Assumption Agreement" in a form reasonably acceptable to City, signed by the purchaser, transferee, or assignee and the City. An "Assignment and Assumption Agreement" in the form of Exhibit "C" shall be deemed acceptable to both Parties. The Assignment and Assumption Agreement shall provide that the Owner Assignee must:
(i) expressly and unconditionally assumes all the duties, obligations, agreements, covenants, waivers of Owner under this Agreement with respect to the portion(s) of the Property conveyed; and (ii) provide to the City security equivalent to any security previously provided by Owner to secure performance of such Owner's obligations under this Agreement with respect to the portion(s) of the Property conveyed and which remain at the time of the Assignment.
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Any Conveyance to an Owner Assignee not made in strict compliance with these conditions precedent shall constitute a default by Owner under this Agreement, which default shall be cured if either (i) the Assignment is terminated, or (ii) the Assignee signs the required Assignment and Assumption Agreement. If an Assignee does not sign an Assignment and Assumption Agreement, the burdens of this Agreement with respect to the portion(s) of the Property conveyed shall bind the Assignee, but the benefits of this Agreement shall not inure to the Assignee unless and until the required Assignment and Assumption Agreement is signed by the Assignee.
3.4. Rights and Obligations of a User Assignee. A User Assignee must succeed to the rights and obligations of Owner under this Agreement with respect to the Property conveyed to the User Assignee. The provisions of Section 3.3 above shall apply to the Conveyance of any parcel or lot that has been finally subdivided and is sold or leased to a User Assignee. This Agreement not shall terminate with respect to any such parcel or lot and that parcel or lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document.
3.5. Release of Transferring Owner. Upon any Assignment, the City shall release the conveying Owner from any further obligations under this Agreement with respect to the Property conveyed if:
a. Owner provides evidence to the City establishing that Owner no longer has a legal or equitable interest in the Property subject to the Assignment; b. There is no default under this Agreement on the date of the Assignment or any such default has subsequently been cured; and
c. In the case of a Conveyance to an Owner Assignee, the conveying Owner has provided the City with the required Assignment and Assumption Agreement.
3.6. Subsequent Assignment. The provisions of this Section 3 shall apply to all Assignments occurring during the Term.
4. DEVELOPMENT OF THE PROPERTY
4.1. Owner's Vested Right. During the Term and subject only to the Reservation of Authority (Section 6 below) and express limitations of this Agreement:
a. Owner shall have a vested right to develop its respective Property in accordance with, and to the full extent permitted by the Existing Land Use Regulations, the Initial Development Approvals, the Project Conditions of Approval, all Subsequent Development Approvals, and any Subsequent Land Use Regulations to which Owner has given its written consent (collectively, the "Applicable Rules"); and
b. The permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the
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design, improvement and construction standards and specifications applicable to development of the Property shall be those set forth in the Applicable Rules.
4.2. Changes to Applicable Rules. Any change in the Applicable Rules which is adopted or becomes effective after the Approval Date shall not be applicable to or binding upon Owner, the Project, or the Property, unless approved in writing by Owner.
A "change in the Applicable Rules" shall include any new ordinance, resolution, policy, or other enactment, no matter how adopted or enacted, which is not contained in the Applicable Rules as of the Approval Date, except such rules described in Section 6.1.
4.3. Owner's Vested Right Upon Termination. As set forth in Section 2.4 above, termination of this Agreement shall not invalidate any Land Use Regulations or terminate any Development Approvals obtained prior to the date of termination.
Upon any termination, the extent, if any, of Owner's Vested Right as of the date of termination shall be determined by state and federal statutes and case law and the then current factual state of the Project.
4.4. Term of Map(s) and Other Project Approvals.
a. Maps. Pursuant to Government Code Section 66452.6 and any other applicable provision of the Government Code, the term of the Parcel Map and any other subdivision or parcel map that is approved for Property shall be extended to a date coincident with the Term and, where not prohibited by State law, with any extension of the Term, unless a longer term would result under otherwise applicable State or local law.
b. Other Development Approvals. Pursuant to Government Code Section 65863.9, site plan and architectural review approvals and all other Development Approvals for the Project shall automatically be extended for the longer of (i) the term of the Parcel Map and (ii) the term of any other subdivision or parcel map that is approved for the Property. Pursuant to Section 4.4(a), those terms shall be the same as the Term of this Agreement.
4.5. Timing of Development. The Parties acknowledge that each Owner cannot at this time predict when or the precise rate at which the Property will be developed.
Such decisions depend upon numerous factors which are not within the control of such Owner, such as market orientation and demand and other similar factors.
Because the California Supreme Court held in Pardee Construction v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a latter-enacted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that each Owner shall have the right to develop the Property (but not the obligation to develop its applicable Property) in such order and at such rate and at such time as such Owner
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deems appropriate within the exercise of its sole and absolute subjective business judgment. Each Owner shall have the right to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as such Owner deems appropriate in its sole subjective business judgment.
4.6. Applicable Fees and Exactions.
a. Development Exactions. Except as expressly set forth within this Agreement, Owner, the Property, and the Project shall be subject only to those Development Exactions from which Owner is not otherwise exempt and which are (i) set forth within the Applicable Rules and (ii) uniformly applied to all development projects within the City as of the Approval Date. b. Development Impact Fees. The Development Impact Fees set forth in Exhibit "D" shall be frozen for a period of five (5) years from the Effective Date ("DIF Freeze Period"). After the termination of the DIF Freeze Period, the Project shall pay applicable Development Impact Fees at the time and rate in effect for all similar development within the City. c. Fee Credits. The Project shall be entitled to a credit against its Development Impact Fee obligations for the dedication of land and the construction of improvements or the payment of fees
d. Processing Fees. The Project shall be subject to all Processing Fees [see Section 1.1 (aa)]. The Processing Fees shall be assessed on the same basis, according to the same rate schedule, and in the same manner as for all similar property, projects, and development within the City.
4.7. Utilities. Prior to the issuance of a certificate of occupancy for any completed structure within the Project, that structure shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to that structure.
4.8. Financing of Public Improvements. Each Owner may propose, and if requested by City shall cooperate in, the formation of any Financing District [see Section
1.1(r)]. To the extent that a Financing District is formed and sells bonds in order to finance reimbursements, the Owner which requested the formation of the Financing District may be reimbursed to the extent the requesting Owner spends funds or dedicates land for the establishment of public facilities. Nothing contained in this Agreement shall be construed as requiring the City or the City Council to form a Financing District.
5. PUBLIC BENEFITS.
5.1. Contributions to City Facilities and Infrastructure. As consideration for entering into this Agreement, IDI agrees to contribute to the City, as public benefits, the following payments:
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A one-time payment to the City in the amount of Two Million Dollars ($2,000,000). This payment shall be prior to issuance of the Project’s first building permit.
A one-time payment of Two Hundred Forty Five Thousand Sixty One Dollars ($245,061) ("Bridge Payment") to partially fund construction of a bridge spanning Rialto Channel west of Agua Mansa Road ("Bridge"). The Bridge Payment shall be disbursed to the City upon the later of (i) City’s issuance of the final certificate of occupancy for the Project; or (ii) City's preparation and approval of improvement plans for the Bridge. A one-time payment of Ten Thousand Dollars ($10,000), with the proceeds of this payment to be used solely for historic district monumentation ("Monumentation Payment"). IDI shall pay the Monumentation Payment to the City prior to issuance of the first building permit issued for the Project.
IDI agrees to be annexed into two existing Community Facilities Districts, the Maintenance CFD and the Public Safety CFD prior to issuance of the Project’s first building permit. As a condition precedent to IDI’s annexation into the CFDs, the City is required to create a Special Improvement Area for both CFDs as Developer’s expense. The Maintenance CFD shall consist of an annual special tax of Four Cents ($0.04) per square foot of square footage of the Project as set forth on the approved building permit, and the Public Safety CFD shall consist of an annual special tax of Eighteen Cents ($0.18) per square foot of square footage of the Project, as set forth on the approved building permit. Both CFDs shall be subject to a three percent (3%) annual increase in the amounts of the special taxes. These special taxes shall be paid by IDI as long as the Project is in operation, and therefore this obligation shall survive the expiration of the Term of this Agreement.
5.2 Owner Election to Install Solar. As further consideration for entering into this Agreement, IDI agrees to contribute to the City, as a public benefit, the following if Owner decide to install solar panels to provide electricity to operate the Project, then Owner shall continue to ensure that the City is “made whole” on the amount of general fund revenue received from the City’s Electric Utility Department based on Project electricity usage. The term “made whole” is herein defined herein as City receiving from the Project the amount of not less than $75,000/year as will be adjusted annually by the actual City electric rate increases (the “Base City Amount”). The Base City Amount only applies if Owner constructs a basic warehouse/distribution and office facility and shall need to be adjusted through agreement of the parties in the event the Project involves any use that will require additional electric demands, such as but not limited to manufacturing, cold storage or truck recharging
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The Base City Amount of $75,000 shall be paid to City by Owner in two ways:
(1) annual transfer payment from the City Electric Utility Department to the City based on electricity purchased by the Project and the resulting actual amount transferred to the City (Measure D Payment); and
(2) direct payment to City by the Owner in such amount that is the result of the equation of $75,000 Base City Amount less the actual annual transfer payment received by the City from this Project. The “made whole” requirement shall be pro-rated for any partial year transfer payment.
For example illustrative purposes only, the following examples illustrate the Owner’s obligation to have the City “made whole” in year 1 based on the initial Base City Amount:
(i) if actual electricity purchase for the project results in a transfer of $20,000 to the City, then the direct payment by the Owner would be $55,000;
(ii) if actual electricity purchase for the project results in a transfer of $40,000 to the City, then the direct payment by the Owner would be $35,000; and
(iii) if actual electricity purchase for the project results in a transfer of $100,000 to the City, then the direct payment by the Owner would be $0; This obligation shall be contained in a Community Benefit Agreement shall be executed by City and Owner prior to issuance of the first building permit related to the solar installation and shall remain senior to all debt on the Project. This obligation shall continue so long as the Project is in operation and thus the obligation shall extend beyond the Term of this Agreement.
Notwithstanding any other provision, the Project shall be subject to the City’s Net Energy Metering rules and regulations in effect as may be modified from time to time in City’s sole discretion. Moreover, in the event that the Project installs any battery storage this shall not reduce the Base City Amount owed to the City.
6. RESERVATION OF AUTHORITY AND OTHER EXCEPTIONS TO OWNER'S VESTED RIGHT
6.1. City's Reservation of Authority. Notwithstanding any other provision of this Agreement, the City reserves its authority to apply the following to the Project:
a. Mitigation measures upon Subsequent Development Approvals to the extent that such mitigation measures are required by and consistent with CEQA, and only if further subsequent CEQA documentation is required.
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b. New Land Use Regulations which are consistent with the Applicable Rules, do not pertain to the rate or timing of development of the Property, and do not impede, delay, or add costs to the Project.
c. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure, provided that those procedural regulations are of general application to all similar property, projects, and development within the City.
d. New categories of DIFs, to fund public facilities or services previously not funded by the DIF program in effect on the Effective Date. e. Regulations, policies, and rules governing engineering and construction standards and specifications applicable to all similar public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. f. Emergency rules, regulations, laws, and ordinances within the City's police power that would limit the exercise of either Owner's Vested Right but are reasonably necessary to protect the immediate community from a condition perilous to its health or safety ("Conflicting Emergency Regulations"). To the extent possible, Conflicting Emergency Regulations shall be applied and construed so as to provide either Owner with the rights and assurances provided under this Agreement. To apply to the Project or the Property, Conflicting Emergency Regulations must:
(i) result from a sudden, unexpected emergency declared by the President of the United States, Governor of California, or the Mayor or City Council of the City; and
(ii) if declared and/or adopted by the City, not primarily or disproportionately impact the Property or the Project relative to other property or land development projects in the City.
Any action challenging the application of a Conflicting Emergency Regulation to the Project shall be subject to de novo review by the court for compliance with the provisions of this Section.
Any delay to the Project caused by a Conflicting Emergency Regulation shall toll the Term and any time periods for performance by Owner and City set forth in this Agreement.
g. Regulations related to the ultimate use of the Property after the completion of development that impose fees or charges upon consumers or end users, including, without limitation, trash can placement, service
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charges, and limitations on vehicle parking (as opposed to parking requirements for the development of the Property).
6.2. Changes in Federal and State Law. The Property and/or the Project may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations or mandate the adoption of local regulations that conflict with the Applicable Rules. Upon discovery of such a subsequently enacted federal or state law, City or either Owner shall provide the other Parties with written notice containing a copy of the state or federal law or regulation and a written explanation of the legal or regulatory conflict created. Within ten (10) business days after receipt of that notice, City and Owner shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation. In such negotiations, City and Owner agrees to preserve the terms of this Agreement and each Owner's Vested Right to the maximum feasible extent while resolving the conflict. City agrees to cooperate with each Owner in resolving the conflict in a manner which minimizes any financial impact to each Owner. Any delays caused by such changes in state or federal law shall be considered delays beyond the control of City and/or Owner pursuant to Section 11.13 below.
6.3. Regulation by Other Public Agencies. Other public agencies not within the control of City may possess authority to regulate aspects of the Project separately from or jointly with City. This Agreement does not limit the authority of such other public agencies.
7. DEFAULTS AND PERIODIC REVIEW.
7.1. Periodic Review / Due Process Considerations. Pursuant to Government Code Section 65865.1 ("GC 65865.1") and Colton Municipal Code Section 18.58.102-Q2, at least once during every twelve (12) month period of the Term, City shall review the good faith compliance of Owner with the terms of this Agreement ("Periodic Review").
Because of Owner's commitment to provide its applicable Public Benefits to the City before completion of the Project, Owner would not have entered into this Agreement and made its commitment to provide the Public Benefits without assurances that Owner's Vested Right could not be terminated or modified without a fair and equitable review process and general principles of fairness and due process. Therefore, the Parties agree that, notwithstanding the provisions of GC 65865.1 and Colton Municipal Code Section 18.58.102-V:
a. Any determination by the City that Owner is in default, whether during the Periodic Review or otherwise, shall be based on the preponderance of evidence before the City.
b. In any legal action by an Owner challenging the City's determination of default, the court shall conduct a de novo review of Owner's compliance
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based on the administrative record and determine if the preponderance of evidence supports the City's determination.
7.2. Modifications for Owner's Noncompliance. The terms of GC 65865.1 and Colton Municipal Code Section 18.58.102-T2 allow a local agency to terminate or modify a development agreement if a periodic review of compliance with the terms of the development agreement demonstrates noncompliance by the applicant/developer. The City's right to do so is stated in permissive, rather than mandatory, terms: "the local agency may terminate or modify the agreement."
Therefore, as material consideration for entering into this Agreement, the Parties have agreed that, in the event of a finding of noncompliance, the City shall not modify the terms of this Agreement unless the modification has been agreed to by Owner, as provided in Government Code Section 65868.
7.3. Termination for Owner's Noncompliance. Only a "Major Default" by Owner may establish cause for the City to terminate this Agreement. A "Major Default" is limited to the material and substantial failure by Owner to meet Owner's obligations to provide the Public Benefits contemplated by this Agreement after notice and a reasonable opportunity to cure an alleged Major Default. a. Notice and Cure. Before the City may declare a Major Default or a termination of this Agreement or bring a legal action to terminate this Agreement, the City shall provide written notice to Owner setting forth the nature of the Major Default and the actions, if any, required by Owner to cure the Major Default. Owner shall be deemed in Major Default if Owner fails to cure the Major Default within thirty (30) business days after the date of such notice (for monetary defaults) or within sixty (60) business days after the date of such notice (for non-monetary defaults) ("Cure Periods"). If the nature of the alleged Major Default is such that it cannot reasonably be cured within the applicable Cure Period, Owner shall not be deemed to be in Major Default if it has commenced efforts to cure the Major Default within the applicable Cure Period and continues to diligently pursue completion of the cure.
b. Final City Council Review. If, after Owner contends that it has timely cured the alleged Major Default, the City continues to allege that such Owner is in Major Default, then, before seeking a judicial remedy, the City Council must conduct a final hearing on the existence of a Major Default. If, after this hearing, the City determines that the Major Default has not been cured, the City may, at its option, institute legal action to (i) terminate this Agreement, (ii) compel Owner to cure, correct, or remedy the alleged Major Default, (iii) enjoin any threatened or attempted violation of this Agreement, (iv) enforce the terms of this Agreement through specific performance, or (v) pursue any other equitable remedy.
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7.4. Default by City / Owner's Limited Remedies.
a. No Monetary Damages. The City would not have entered into this Agreement if it were to be liable in damages for a breach of this Agreement or with respect to the application of this Agreement to the Property or the Project. Therefore, the City shall not be liable in damages to Owner or any other party, and Owner covenants not to sue for monetary damages or claim any sort of monetary damages:
(i) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(ii) For the taking, impairment, or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or (iii) Arising out of or connected with any dispute, controversy, or issue regarding the application or interpretation or effect of the provisions of this Agreement.
b. Remedies Available to Owner. The City shall be in default if it materially fails in the performance of any of its obligations under this Agreement, including its material failure to honor any component of Owner's Vested Right as described in Section 4 above. Owner's litigation remedies shall be limited to declaratory and injunctive relief, mandate, and specific performance to compel the City to perform its obligations under this Agreement and/or to remedy the consequences to Owner of the failure of the City's material representations.
(i) Attorneys' Fees. Notwithstanding the restrictions on claims for monetary damages set forth in Section 7.4(a) above, in any action, including appeals, brought by Owner pursuant to Section 7.4(b) above, the prevailing Party shall be entitled to the recovery of its attorneys' fees and costs related to that action.
7.5. Certificate of Compliance. At any time during which an Owner has not been found to be in Major Default under this Agreement, City shall, upon written request by Owner, provide Owner with a written certificate of good faith compliance within fifteen (15) business days after City's receipt of that request.
7.6. Release. Except for non-monetary remedies or as provided in Section 7.4 above, Owner releases City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to claim for monetary damages for a taking of property without just compensation pursuant to Article I, Section 19, of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution. Owner acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
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"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
By initialing below, Owner hereby waives the provisions of Section 1542 in connection in making this release.
Owner's Initials
8. LITIGATION
8.1. Third Party Litigation Concerning Agreement. If a third party brings an action to attack, set aside, void, or annul the approval of (i) this Agreement or (ii) any Development Approval granted pursuant to this Agreement (a "Third-Party Action"), Owner shall defend, indemnify, and hold the City harmless (collectively within this Section 8, "indemnify"), including the payment of attorneys' fees, with respect to any claims, actions, or proceedings in a Third-Party Action which relate to this Agreement. Owner's obligation to indemnify covers any of the City's agents, officers, or employees named in a Third-Party Action. If a Third-Party Action is filed, City shall notify Owner of the filing within ten (10) business days after being served with the Petition and/or complaint and shall cooperate in the defense until the Third-Party Action has concluded. If the City fails to do so, Owner's obligation to indemnify shall immediately terminate. City may in its discretion participate in the defense of any Third-Party Action. Owner's indemnity obligations contained in this Section shall survive termination of this Agreement.
If a Third Party Action is brought, the expiration date of this Agreement and all Development Approvals shall be tolled for the identical number of days the Third Party Action is pending.
8.2. Environmental Assurances. Owner shall indemnify the City and its officers, agents, and employees from any liability, based or asserted upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, and independent contractors for any violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under, or about its applicable Property, including, but not limited to, soil and groundwater conditions ("Environmental Litigation").
Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents, and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such action.
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8.3. Selection of Counsel. With respect to any Third-Party Action or Environmental Litigation, City may either (1) approve the attorney(s) that Owner selects to defend the action, which approval shall not be unreasonably withheld, or (2) conduct its own defense with counsel of its choosing. If the City conducts its own defense:
a. Owner Shall Indemnify. Owner shall indemnify the City and other indemnified parties for any and all reasonable expenses incurred for such defense, including attorneys' fees, within sixty (60) calendar days of receiving an accurate itemized statement detailing those reasonable expenses.
b. Owner Shall Proceed with Own Counsel. Owner shall defend itself with counsel of its own choosing, without needing to obtain the City's approval of counsel.
8.4. Challenge to Existing Land Use Approvals. Owner shall not sue, challenge, or encourage or support a third-party challenge of any of the Applicable Rules.
Owner does not, however, waive its right to challenge the application to Owner, the Property, or the Project of (i) an Applicable Rule in a manner which Owner contends is not consistent with the terms of the Applicable Rule or (ii) any Land Use Regulation or Development Approval which Owner contendsis not within this Agreement's definition of the "Applicable Rules."
8.5. Survival. The provisions of this Section 8 shall survive the termination of this Agreement.
9. INSURANCE. In order to protect the City and its commissions, agents, attorneys, officers, employees and authorized representatives (collectively, "Additional Insureds") against any and all claims and liability for death, injury, loss, and damage resulting from either Owner's actions in connection with this Agreement, the Property, and the Project, each Owner shall secure and maintain the insurance coverage as described in and required by this Section 9 prior to any on-site construction activities at the Property by or on behalf of the Owner. Owner shall pay any deductibles and self-insured retentions under all insurance policies issued in satisfaction of the terms of this Agreement. Owner shall retain all insurance policies as set forth in this Section 9 until a Certificate of Completion for the Project has been filed and recorded pursuant to the applicable provisions of the California Civil Code (the "Certificate of Compliance").
9.1. Workers' Compensation Insurance Requirement. Owner shall submit written proof that the Owner is insured against liability for workers' compensation to the extent necessary in order to comply with the provisions of Section 3700 of the Labor Code. By executing this Agreement, the Owner makes the following certification, required by Section 1861 of the Labor Code:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to
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undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Agreement."
The Owner shall require each contractor and sub-contractor performing work on the Project to provide workers' compensation coverage for all of such contractor's or sub-contractor's employees, unless the contractor's or sub-contractor's employees are covered by workers' compensation insurance provided by the Owner. If any class of employees engaged in work or services performed in connection with the Project is not covered by Labor Code Section 3700, Owner shall provide and/or require each contractor or sub-contractor to provide adequate workers' compensation insurance covering such employees. Each workers' compensation policy procured pursuant to this Section shall contain a full waiver of subrogation clause in favor of the Additional Insureds.
9.2. Liability and Permanent Insurance Requirements.
a. Owner shall maintain in full force and effect, until the issuance of the Certificate of Completion, subject to Section 9.2(d), the following insurance coverage:
(i) Commercial General Liability Insurance coverage, including, but not limited to, Premises-Operations, Contractual Liability Insurance (specifically covering all indemnity obligations of the Owner pursuant to this Agreement), Products-Completed Operations Hazards, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of the construction of the Project and/or the Owner's operations concerning the Property or the Project. The commercial general liability insurance coverage shall have minimum limits for Bodily Injury and Property Damage liability of TWO MILLION DOLLARS ($2,000,000) each occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate.
(ii) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired and non-owned vehicles used by the Owner with minimum limits for Bodily Injury and Property Damage of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. Such insurance shall be provided by a business or commercial vehicle policy.
(iii) If Owner hires a consultant to provide design services, such as architectural or engineering services in connection with the Project, then Owner shall require each such consultant to provide Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, the performance of such
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design services, with limits of not less than ONE MILLION DOLLARS ($1,000,000).
(iv) Upon acceptance of the Project from each contractor, Owner shall maintain Fire and Extended Coverage Insurance on the Project on a blanket basis or with an agreed amount clause in amounts not less than 100% of the replacement value of the Project so accepted. b. During the construction of the Project, Owner shall require that each contractor performing work on the Project maintain the following insurance coverage, as specified below, at all times during the performance of said work, or Owner shall provide for such contractors "wrap" coverage, as specified below, at all times during the performance of said work:
(i) Owner shall maintain Builder's Risk Insurance to be written on an All Risk Completed Value form, in an aggregate amount equal to 100% of the completed insurable value of the Project or portion of the Project on which such contractor is performing work. (ii) Each general contractor and each sub-contractor shall maintain Commercial General Liability Insurance with limits of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate to protect the Owner during the construction of the Project from claims involving bodily injury and/or death and damage to the property of others. (iii) Each general contractor and each sub-contractor shall maintain Automobile Liability Insurance against claims of personal injury (including bodily injury and death) and property damage covering all owned, leased, hired and non-owned vehicles used in the performance of the contractor's obligations with minimum limits for bodily injury and property damage of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS
($2,000,000) aggregate. Such automobile liability insurance shall be provided by a business or commercial vehicle policy. c. The insurance required in Section 9.2(a) and Section 9.2(b) above shall include endorsements naming the Additional Insureds as additional insured for liability arising out of this Agreement and any operation related to this Agreement.
d. Any insurance coverage required under this Agreement shall not be written on a "claims made" basis. The applicable certificate of insurance must clearly provide that the coverage is on an "occurrence" basis. The requirements of this Section shall survive any expiration or termination of this Agreement and the Certificate of Completion.
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e. Receipt by the City of evidence of insurance that does not comply with the above requirements shall not constitute a waiver of the insurance requirements of this Agreement.
f. Subject to Section 9.2(d), all of the insurance coverage required under this Section shall be maintained by Owner or its contractors, as required by the terms of this Agreement, until the issuance of the Certificate of Completion and shall not be reduced, modified, or canceled without, at least, thirty (30) days prior written notice to the City. Also, phrases such as "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall not be included in the cancellation wording of any certificates of insurance or any coverage for the Additional Insureds. Owner shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, nonrenewed, or whose policy limits are exhausted or upon insolvency of the insurer that issued the policy.
g. All insurance to be obtained and maintained by Owner under this Section shall be issued by a company or companies listed in the then current "Best's Key Rating Guide" publication with a minimum of an "A:VII" rating and be admitted to conduct business in the State of California by the State of California Department of Insurance.
h. The City will not accept self-insurance in satisfaction of the insurance requirements of this Section 9.
i. All insurance obtained and maintained by Owner in satisfaction of the requirements of this Agreement shall be primary to and not contributing to any insurance maintained by the Additional Insureds. j. Insurance coverage in the minimum amounts set forth in this Section 9 shall not be construed to relieve Owner of any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the Additional Insureds from taking such other actions as are available to them under any other provision of this Agreement or otherwise at law.
9.3. Prevailing Wage Indemnity
a. Responsibility. Owner agrees with City that Owner shall assume any and all responsibility and be solely responsible for determining whether or not laborers employed relative to the construction of the Project must be paid the prevailing per diem wage rate for their labor classification, as determined by the State, pursuant to Labor Code Section 1720, et. seq., or pursuant to applicable Federal Law.
b. Waivers and Release. Owner, on behalf of itself, its successors, and assigns, waives and releases City from any right of action that may be
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available to any of them pursuant to State Labor Code Section 1781 or applicable Federal Law. Relative to the waivers and releases contained in this section, Owner acknowledges the protections of Civil Code Section 1542, which reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
c. Initials. By initialing below, Owner knowingly and voluntarily waives the provisions of Section 1542 solely in connection with the Waivers and Releases of this Section:
__________________
Initials of Authorized Representative
d. Indemnity, Defend and Hold Harmless. Additionally, Owner shall indemnify, defend and hold harmless City, against any claims pursuant to State Labor Code Section 1781 or any other law requiring payment of minimum or prevailing wage amounts arising from this Agreement of the Construction of the Project, to which Owner is the Owner.
9.4. Failure by Owner to maintain all insurance coverage required by this Section 9 in effect shall be an Event of Default by Owner. The City, at its sole option, may exercise any remedy available to them in connection with such an Event of Default. Alternatively, the City may, at its sole option, purchase any such required insurance coverage and the City shall be entitled to immediate payment from the Owner for any premiums and associated costs paid by the City for such insurance coverage. Any election by the City to purchase or not to purchase insurance otherwise required to be carried by Owner shall not relieve Owner of their obligation to obtain and maintain the insurance coverage required by this Agreement.
10. MORTGAGEE PROTECTION.
10.1. Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering some or all of the Property and/or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing related to the Property or the Project.
10.2. Lender Protection. A lender, a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns providing financing secured by the Property and/or its improvements (collectively, "Mortgagees") may require certain Agreement interpretations and modifications.
At any time requested by Owner or a Mortgagee, City shall meet with Owner and
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the Mortgagee to negotiate in good faith any such interpretation or modification.
City will not unreasonably withhold its consent to any requested interpretation or modification that is consistent with the intent and purposes of this Agreement.
10.3. Additional Mortgagee Rights. Any Mortgagee shall be entitled to the following:
a. Neither Owner's entry into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgagee made in good faith and for value, unless otherwise required by law. b. A Mortgagee who has submitted a request in writing to the City to receive Notices in the manner set forth in Section 11.2 below shall be entitled to receive Notice from the City of any alleged default by Owner in the performance of Owner's obligation under this Agreement. City shall provide a copy of that notice to the Mortgagee within ten (10) calendar days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the Cure Period set forth within this Agreement.
c. Any Mortgagee who comes into possession of some or all of the Property shall succeed to Owner's Vested Right and the benefits of this Agreement if, within ten (10) calendar days after coming into possession, the Mortgagee provides Notice to the City of that possession. At any time after receipt of that Notice, the City may provide Notice to the Mortgagee of alleged defaults in the performance of Owner's obligation under this Agreement pursuant to the provisions of Section 7, above. The Mortgagee shall then have the right, but not the obligation, to cure the alleged default in the manner provided in Section 7. If the Mortgagee fails to cure the default, however, the remedies available to the City are the same as they would have been under Section 7 if the Owner remained in possession. d. The Mortgagee shall not be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by the Mortgagee, except that the Mortgagee may not pursue Development pursuant to this Agreement until all delinquent and current fees and other monetary obligations due under this Agreement for the portions of the Property acquired by the Mortgagee have been paid to City.
11. GENERAL PROVISIONS
11.1. Amendment of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be amended by written consent of the Parties in the manner provided for in Government Code Section 65868.
11.2. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation and flexibility between the City and Owner. The development of the Project may demonstrate that clarifications or modifications to this Agreement are appropriate with respect to the details of performance of the City
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and Owner; except for changes to monetary obligations of City or Owner. If and when, from time to time during the Term of this Agreement, City and Owner agrees that such clarifications are necessary or appropriate, City and Owner shall effectuate such clarifications through operating memoranda approved in writing by the Parties ("Operating Memoranda"), which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Owner. No such Operating Memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager shall make the determination on behalf of the City whether a requested clarification may be effectuated pursuant to this Section 11.2 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 11.1 above.
The City Manager shall be authorized to execute any Operating Memoranda hereunder on behalf of City.
11.3. Notices. All notices which are allowed or required to be given under this Agreement ("Notices") shall be in writing and (i) shall be deemed given and received when personally delivered or (ii) shall be deemed given when deposited in the United States mail, with postage prepaid, to be sent by registered or certified mail or overnight mail service, addressed as set forth below and be deemed received on the second business day after such mailing.
The addresses for Notices are as follows and may be changed by delivery of a Notice to these addresses:
If to City:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attention: City Manager
With a copy to:
Carlos L. Campos
Colton City Attorney
Best, Best & Krieger, LLP
74-760 Highway 111, Suite 200
Indian Wells, CA 92210
If to Owner:
IDI Agua Mansa, LLC
________________________
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________________________
________________________
and
With copies of each to:
John Condas, Esq.
Allen Matkins Leck Gamble
Mallory & Natsis LLP
2010 Main Street, Eighth Fl.
Irvine, CA 92614
11.4. Execution and Recording. The City Clerk shall cause a copy of this Agreement to be signed by the appropriate representatives of the City and recorded with the Office of the County Recorder of San Bernardino, California, within ten (10) days following the effective date of the Adopting Ordinance. The failure of the City to timely sign and/or record this Agreement shall not affect the validity of and binding obligations set forth within this Agreement.
11.5. Entire Agreement. This Agreement constitutes the entire understanding and agreement of City and Owner with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between City and Owner respecting the subject matter of this Agreement.
11.6. Severability. If any part of this Agreement is declared invalid for any reason, such invalidity shall not affect the validity of the rest of this Agreement, provided that Owner's Vested Right and the Public Benefits are not materially diminished.
11.7. Recitals. Each Recital set forth at the beginning of this Agreement is a substantive part of this Agreement for the purpose of defining the context of this Agreement.
11.8. Interpretation and Governing Law.
a. Governing Law. In any dispute regarding this Agreement, the Agreement shall be governed and interpreted in accordance with the laws of the State of California.
b. Fair Meaning. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties.
c. No Drafting Party. Both Parties have been represented by counsel in the negotiation of this Agreement and neither Party should be considered the drafting party for purposes of resolving ambiguities.
d. Section Headings. Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
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11.9. Jurisdiction and Venue. Venue of any action filed by either Party with respect to this Agreement shall be in the County of San Bernardino.
11.10. Cooperation. City and Owner shall cooperate and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement.
Where the consent or approval of City or Owner is needed to achieve the purposes of this Agreement, that consent or approval shall not be unreasonably withheld, delayed, or conditioned.
11.11. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
11.12. Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. There are no implied waivers. Failure by City or Owner to insist upon the strict performance of any provision of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with the same or any other provision of this Agreement in the future. A written waiver affects only the specific matter waived and defines the performance waived and the duration of the waiver.
11.13. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
11.14. Delay, Extension of Time for Performance. Performance by either Party of its obligations under this Agreement shall be excused and the Term shall be tolled during any period of delay caused at any time by reason of any event beyond the control of City or Owner which prevents or delays performance by City or Owner of obligations under this Agreement (an "Intervening Act"). Intervening Acts shall include, by way of example and not limitation, acts of nature, enactment of new conflicting federal or state laws or regulations (example: listing of a species as threatened or endangered), judicial actions such as the issuance of restraining orders and injunctions, third-party litigation challenging an Applicable Rule, and riots, strikes, pandemics, or damage to work in process by reason of fire, floods, earthquake, or similar casualties, and emergency orders of local, state, or federal agencies or officials. If City or Owner seeks excuse from performance due to an Intervening Act, it shall provide written notice of the Intervening Act and the resulting delay to the other Party within thirty (30) days of the commencement of the delay. If the Parties disagree as to the existence or duration of a delay resulting from an Intervening Act, either Party may seek judicial review of the need for the delay, including requests for injunctive relief.
11.15. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
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11.16. Counterparts. This Agreement may be executed by the Parties in counterparts, which will have the same effect as if both Parties had executed the same Agreement.
11.17. Project as a Private Undertaking. The Project is a private development undertaken by Owner. The City has no interest in or responsibilities for or duty to third parties concerning the Project. The only relationship between City and Owner is that of a government entity regulating the development of private property.
11.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.
11.19. Authority to Execute. The person or persons executing this Agreement on behalf of each of the Parties represents that he or she is authorized by that Party to bind that Party to this Agreement.
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This Agreement has been signed by the Parties on the dates indicated below.
OWNER IDI AGUA MANSA, LLC
a Delaware limited liability company
By:
Name:
Title:
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CITY CITY OF COLTON, a California municipal corporation By:
Frank J. Navarro, Mayor
Date:
Attest:
Carolina Padilla, City Clerk
APPROVED AS TO LEGAL FORM:
Best Best & Krieger LLP
By:
Carlos L. Campos, City Attorney
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EXHIBIT "A" -1-
EXHIBIT "A"
(Legal Description)
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LEGAL DESCRIPTION
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EXHIBIT "A"
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THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 15 AND THOSE PORTIONS OF LOTS 14 AND 13 ½ OF SUBDIVISION OF THE BANDINI DONATION, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY AND LOTS 2 AND 3 OF SUBDIVISION OF LOT 13 BANDINI DONATION OF THE RANCHO JURUPA TOGETHER WITH PARCEL 2 OF LOT LINE ADJUSTMENT DOCUMENT NO. 2020-0511599, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION, AS CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, OF THAT PART OF LOTS 13-1/2, 14, 16, 17, 18, 19, 20 AND 22, BANDINI DONATION, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, DESCRIBED IN DEED RECORDED JUNE 2, 1954 IN BOOK 3394 PAGE 373, OFFICIAL RECORDS, SAID PORTION BEING ALL OF SAID PART LYING WITHIN A STRIP OF LAND 1050 FEET IN WIDTH, BEING 525 FEET ON EACH SIDE OF, MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE WESTERLY LINE OF RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DISTANT NORTH 19° 36' 20" WEST ALONG SAID WESTERLY LINE, 2083.09 FEET FROM A 1" IRON PIPE MARKING THAT CERTAIN CORNER OF SAID RANCHO SAN BERNARDINO COMMONLY KNOWN AS R. S. B. NO. 2; THENCE NORTHWESTERLY 902.41 FEET ALONG A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2000 FEET AND A CENTRAL ANGLE OF 25° 51' 08", THE BEGINNING TANGENT THEREOF BEARING NORTH 84° 06' 56" WEST; THENCE NORTH 58° 15' 48" WEST, 1542.71 FEET; THENCE WESTERLY 5321.53 FEET ALONG A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2950 FEET AND A CENTRAL ANGLE OF 103° 21' 22"; THENCE SOUTH 18° 22' 50" WEST, 2713.73 FEET; THENCE SOUTHWESTERLY, 1534.19 FEET ALONG A TANGENT CURVE CONCAVE TO NORTHWEST, HAVING A RADIUS OF 5000 FEET AND A CENTRAL ANGLE OF 17° 34' 50"; THENCE SOUTH 35° 57' 40" WEST, 3253.02 FEET TO THE POINT OF TERMINATION IN THE CENTER LINE OF RIVERSIDE- RIALTO ROAD (A 66-FOOT STREET), DISTANT ALONG SAID CENTER LINE 12° 57' 07" EAST, 4753.39 FEET FROM THE INTERSECTION
OF SAID CENTER LINE OF RIVERSIDE-RIALTO ROAD WITH THE CENTER LINE OF AGUA MANSA ROAD (A 50- FOOT STREET).
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EXHIBIT "B" -1-
EXHIBIT "B"
(Property Location)
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EXHIBIT "C"
-1-
EXHIBIT "C"
(Assignment and Assumption Agreement Form)
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EXHIBIT "C"
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ASSIGNMENT AND ASSUMPTION OF SPECIFIED
RIGHTS AND OBLIGATIONS UNDER THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF COLTON AND IDI AGUA MANSA, LLC AND LINEAGE LOGISTICS, LLC This Assignment and Assumption of Specified Rights and Obligations ("Assignment and Assumption Agreement") is entered into between IDI Agua Mansa, LLC, ("Owner") and _______________ ("Assignee") as of __________, _____ (the "Effective Date").
RECITALS
A. Owner and the City of Colton (the "City") entered into a Development Agreement dated __________, 2023 (the "Development Agreement") for real property consisting of approximately 24.49 acres within the City (the "Property"). The Property is more particularly described in Exhibit A and depicted on Exhibit B.
B. This Assignment and Assumption Agreement is entered into pursuant to Section 3.1 of the Development Agreement.
C. Owner has conveyed to Assignee that portion of its interest in the Property which is set forth in Paragraph 1 below (the "Conveyance").
D. In connection with the Conveyance, Owner has assigned to Assignee certain rights (set forth in Paragraph 2 below) under the Development Agreement (the "Assignment of Rights").
E. In connection with the Conveyance, Owner also has delegated to Assignee certain obligations (set forth in Paragraph 3 below) under the Development Agreement (the "Delegation of Obligations").
F. When delivered to the City, this Assignment and Assumption Agreement is intended to serve as the notice to the City required by Section 3.3(b) of the Development Agreement.
G. As of the Effective Date of this Assignment and Assumption Agreement, Owner is not in Major Default, of the Development Agreement, as defined in Section 1.1(y).
AGREEMENT
Owner and Assignee agree as follows:
1. Conveyance. The Conveyance pertains to and is limited to that Property described as follows (the "Transferred Property"):
[Insert description of Transferred Property by tract, parcel, and/or lot number]
2. Assignment of Rights. In connection with the Conveyance, Owner has assigned to Assignee the following rights under the Development Agreement:
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Packet Pg. 407 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa 23152.06329\41350928.1
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document property name.
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document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
EXHIBIT "C"
-3-
a. The right to build approximately 456,000 square feet of commercial structures. b. The vested right to complete the development of the Transferred Property pursuant to the "Development Plan" defined in the Development Agreement. c. The right to $__________ in __________ Fee Credit, $__________ in Fee Credit, $__________ in __________ Fee Credit, and $ __________ in other credit toward [specify other Development Impact Fee], as those terms are defined in the Development Agreement.
d. The following right to reimbursement as provided in the Development Agreement:
[Insert the basis for and the amount of (or applicable formula) the reimbursement.]
3. Assumption of Obligations. Owner has delegated to Assignee and Assignee unconditionally agrees to assume all duties and obligations of Owner under the Development Agreement remaining to be performed with respect to the Transferred Property on the effective date of this Assignment and Assumption Agreement.
4. Execution. Owner, the Assignee and the City have signed this Assignment and Assumption Agreement on the dates indicated below. As such, this assignment is deemed fully completed.
OWNER IDI AGUA MANSA, LLC
a Delaware limited liability company
By:
Name:
Title:
CITY City of Colton, a California municipal corporation
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Packet Pg. 408 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa 23152.06329
\41350928.1
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document property name.
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document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
EXHIBIT "C" -4-
By:
Date:
Assignee:
By:
Name:
Its:
Date:
1.3.c
Packet Pg. 409 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa 23152.06329\41350928.1
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document property name.
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document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
EXHIBIT "C"
-5-
EXHIBIT A
:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 15 AND THOSE PORTIONS OF LOTS 14 AND 13 ½ OF SUBDIVISION OF THE BANDINI DONATION, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY AND LOTS 2 AND 3 OF SUBDIVISION OF LOT 13 BANDINI DONATION OF THE RANCHO JURUPA TOGETHER WITH PARCEL 2 OF LOT LINE ADJUSTMENT DOCUMENT NO. 2020-0511599, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION, AS CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, OF THAT PART OF LOTS 13-1/2, 14, 16, 17, 18, 19, 20 AND 22, BANDINI DONATION, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, DESCRIBED IN DEED RECORDED JUNE 2, 1954 IN BOOK 3394 PAGE 373, OFFICIAL RECORDS, SAID PORTION BEING ALL OF SAID PART LYING WITHIN A STRIP OF LAND 1050 FEET IN WIDTH, BEING 525 FEET ON EACH SIDE OF, MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE WESTERLY LINE OF RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DISTANT NORTH 19° 36' 20" WEST ALONG SAID WESTERLY LINE, 2083.09 FEET FROM A 1" IRON PIPE MARKING THAT CERTAIN CORNER OF SAID RANCHO SAN BERNARDINO COMMONLY KNOWN AS R. S. B. NO. 2; THENCE NORTHWESTERLY 902.41 FEET ALONG A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2000 FEET AND A CENTRAL ANGLE OF 25° 51' 08", THE BEGINNING TANGENT THEREOF BEARING NORTH 84° 06' 56" WEST; THENCE NORTH 58° 15' 48" WEST, 1542.71 FEET; THENCE WESTERLY 5321.53 FEET ALONG A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2950 FEET AND A CENTRAL ANGLE OF 103° 21' 22"; THENCE SOUTH 18° 22' 50" WEST, 2713.73 FEET; THENCE SOUTHWESTERLY, 1534.19 FEET ALONG A TANGENT CURVE CONCAVE TO NORTHWEST, HAVING A RADIUS OF 5000 FEET AND A CENTRAL ANGLE OF 17° 34' 50"; THENCE SOUTH 35° 57' 40" WEST, 3253.02 FEET TO THE POINT OF TERMINATION IN THE CENTER LINE OF RIVERSIDE- RIALTO ROAD (A 66-FOOT STREET), DISTANT ALONG SAID CENTER LINE 12° 57' 07" EAST, 4753.39 FEET FROM THE INTERSECTION
OF SAID CENTER LINE OF RIVERSIDE-RIALTO ROAD WITH THE CENTER LINE OF AGUA MANSA ROAD (A 50- FOOT STREET).
1.3.c
Packet Pg. 410 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa 23152.06329
\41350928.1
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document property name.
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document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
EXHIBIT "C" -6-
EXHIBIT B
1.3.c
Packet Pg. 411 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa 23152.06329
\41350928.1
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document property name.
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EXHIBIT "C" -1-
EXHIBIT C
[TO BE INSERTED]
1.3.c
Packet Pg. 412 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa 23152.06329\41350928.1
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document property name.
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document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
EXHIBIT "D"
-2-
EXHIBIT "D"
Development Impact Fees Fee Multiplier
Infrastructure Fee - SBCTA fee $1,967.00 Per 1K s.f.
Traffic Facilities Fee $147.00 Per 1K s.f.
Civic Center Fee $16.00 Per 1K s.f.
Fire Station Fee $79.00 Per 1K s.f.
Library Fee $46.00 Per 1K s.f.
Police Station Fee $102.00 Per 1K s.f.
Park Development Fee $0.19 Per s.f.
Industrial Water-Waste Water Fee Flat Fee [depends on
meter size]
(Applicable Development Impact Fees)
Building SF: 456,000
*above SF includes 10,000 SF Office
1.3.c
Packet Pg. 413 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa 23152.06329
\41350928.1
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document property name.
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document property name./7-12-23/Error! Unknown document property name./Error! Unknown document property name.
EXHIBIT "D" -1-
Exhibit "F"
Project Conditions of Approval
[TO BE INSERTED]
1.3.c
Packet Pg. 414 Attachment: EXHIBIT A_IDI AGUA MANSA DEVELOPMENT AGREEMENT (5-31-23) CC DRAFT (4158 : Development Agreement - IDI Agua Mansa
1.3.d
Packet Pg. 415 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC)
1.3.d
Packet Pg. 416 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC)
1.3.d
Packet Pg. 417 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC)
1.3.d
Packet Pg. 418 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC) Planning Commission Meeting Minutes
May 9, 2023
�OGISTICS CENTER, BUILDING 1, FOR PROPERTY LOCATED AT' 1500 AGUA
MANSA ROAD IN THE CITY OF COLTON
F. Staff recommends that the Planning Commission adopt the attached Resolution No.
R-07-23:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLTON
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT
AGREEMENT WITH IDI AGUA MANSA, LLC FOR THE AGAU MANSA LOGISTICS CENTER, BUILDING 2, FOR PROPERTY LOCATED AT 1400 AGUA MANSA ROAD IN THE CITY OF COLTON.
Public Hearing was closed on April 25, 2023.
Cecilia So, Environmental Consultant for the City ofColton.
COMMISSON ACTION
Motion and second by Commissioner Grossich / Commissioner Dr. Peters to approve with comments to R-06-23 and R-07-23 (Development Agreements).
Amendment to list of Development Agreement (DA) comments to maker of the motion by Lemos accepted by Grossich - with final comments on DA accepted by Commission Members included:
1. City Council to consider increasing the rate per square footage in the CFD as truck impacts to roads are more severe than residential or commercial projects (Look at 22 Cents a square foot instead of 18 Cents a square foot and has seen up to 34 cents a square foot); 2. Consider adjusting the square footage used for the Lineage Building (1500 Agua Mansa) since the building volume was not broken into multiple story building square footage; 3. City Council should consider removing the freeze on Development Impact Fees; 4. City Council should consider restricting truck traffic traveling north on Rancho Avenue to the I-10 Freeway; 5. A plan or maintenance fee should be included with the $10,000 donation for future monument sign or other improvement within the Agua Mansa Historic District; 6. City Council should consider increasing. the 3 percent annual or actual CPI index whichever was greater in the CFDs.
Roll Call vote: Ayes: 4
3. FILE INDEX NUMBER:
Noes: 1 (Baden)
DAP-001-804
Absent: 0 Abstain: 0
Heavy Hitters Racing
APPLICANT: Johnny Olguin, Owner, Heavy Hitters Racing
PROPERTY OWNER: Comer Family Trust, Finn Comer, Managing Partner PROPERTY LOCATION: 1130 S. Rancho Ave (Also includes 460-476 West Fogg Street and 1100-1140 S. Rancho A venue
ASSESSOR'S PARCEL NUMBER(S): 0163-453-06
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Packet Pg. 419 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC)
1.3.d
Packet Pg. 420 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC)
1.3.d
Packet Pg. 421 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC)
1.3.d
Packet Pg. 422 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC)
1.3.d
Packet Pg. 423 Attachment: PC 2023 May 9_Meeting Minutes (4158 : Development Agreement - IDI Agua Mansa , LLC) ITEM NO. 4
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD ON JUNE 6, 2023 AND JUNE 20, 2023, AND THE CITY COUNCIL SPECIAL MEETING HELD ON JUNE 28, 2023.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meetings Held on June 6, 2023 and June 21, 2023, and for the City Council Special Meeting Held on June 28, 2023.
BACKGROUND
Minutes for the City Council Regular Meetings held on June 6, 2023 and June 20, 2023, and for the City Council Special Meeting held on June 28, 2023.
FISCAL IMPACTS
None.
ATTACHMENT
1. 2023-06-28- Draft Minutes
2. 2023-06-20- Draft Minutes
3. 2023-06-06- Draft Minutes
4 Packet Pg. 424
1 CITY OF COLTON
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
SPECIAL MEETING MINUTES
June 28, 2023
A Special Meeting of the City Council of the City of Colton was held at 5:30 p.m. on the abovegiven date in City Hall, located at 650 North La Cadena Drive, Colton, California, Mayor Navarro presiding. Notice of Special Meeting was given on May 24, 2023, in compliance with Government Code Section 54956(a).
CITY COUNCIL ROLL CALL
Councilmembers present were MPT Toro, González, Echevarria, and Mayor Navarro.
COUNCIL MEMBERS ABSENT
Councilmember Chastain
STAFF PRESENT
City Manager Smith and Deputy City Clerk Vargas
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF June 28, 2023.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
PUBLIC COMMENT
None
BUSINESS ITEMS
1. Lease Agreement Amendment - Drews Substation - Approve 2nd Amendment to the Drews Substation Lease Agreement with Colton Power, LLC, and Resolution Amending the Budget for Fiscal Year 2022-23, RESOLUTION NO. R-67-23.
Staff Presentation
Director Brian Dickinson, Public Works Director, presented for Council consideration an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
4.a
Packet Pg. 425 Attachment: 2023-06-28- Draft Minutes (4134 : Draft Minutes 06/06/23, 06/20/23, and 06/28/23) 2 Motion and Second by CM González/MPT Toro to Approve and Adopt Resolution No. R-67-23, to Approve 2nd Amendment to the Drews Substation Lease Agreement with Colton Power, LLC, and Resolution Amending the Budget for Fiscal Year 2022-23.
Vote: Motion carried with CM Chastain absent.
2. Lease Agreement Amendment - Century Substation - Approve 2nd Amendment to the Century Substation Lease Agreement with Colton Power, LLC, and Resolution Amending the Budget for Fiscal Year 2022-23, RESOLUTION NO. R-66-23.
Staff Presentation
Director Brian Dickinson, Public Works Director, presented for Council consideration an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Motion and Second by CM Echevarria/CM González to Approve and Adopt Resolution No. R66-23, to Approve 2nd Amendment to the Century Substation Lease Agreement with Colton Power, LLC, and Resolution Amending the Budget for Fiscal Year 2022-23.
Vote: Motion carried with CM Chastain absent.
CITY MANAGER REPORT
None.
ADJOURNMENT
At 5:40 p.m. Mayor Navarro adjourned the Special Council Meeting. _________________________________
Stephanie M. Vargas
Deputy City Clerk
4.a
Packet Pg. 426 Attachment: 2023-06-28- Draft Minutes (4134 : Draft Minutes 06/06/23, 06/20/23, and 06/28/23) June 20, 2023 Regular City Council Meeting 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
June 20, 2023
Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.
CITY COUNCIL ROLL CALL
Councilmembers present were Toro, Chastain, González, Echevarria, and Mayor Navarro.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss only Items B and C, and that they would not be discussing Item A.
A. CONFERENCE WITH LEGAL COUNSEL – WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95.
Case Name(s): Alice Ibarra v. City of Colton
B. CONFERENCE WITH LEGAL COUNSEL – WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95.
Case Name (s) Yvonne Guzman vs. City of Colton
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Job Title - City Manager
Mayor Navarro adjourned the meeting to Closed Session at 5:06 p.m. and at 6:00 p.m. the meeting reconvened, with all members present heretofore.
City Attorney Reports/Reportable Action
City Attorney Campos announced that the City Council did meet in Closed Session and discussed Item B and C and direction was given but there was no reportable action.
4.b
Packet Pg. 427 Attachment: 2023-06-20- Draft Minutes (4134 : Draft Minutes 06/06/23, 06/20/23, and 06/28/23) June 20, 2023 Regular City Council Meeting 2 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
June 20, 2023
Regular Meeting held on the above-given date at 6:00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Conrad Valdez – Echoes of Love Ministry FLAG SALUTE: Captain Tim Heusterberg
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager
David J. Toro Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Proclamation - Fatherhood Awareness Month June 2023
Council Member González read a Proclamation Certificate- Fatherhood Awareness, June 20, 2023; accepted by Ryan Berryman, Executive Director of San Bernardino Fatherhood. Presentation - Rialto Unified School District
Mayor Navarro announced that this item will be moved to a future date. Proclamation - Parks and Recreation Month
Mayor Navarro read a Proclamation Certificate – Parks and Recreation Month, July 2023; accepted by Heidi Strutz, Recreation Services Director.
4.b
Packet Pg. 428 Attachment: 2023-06-20- Draft Minutes (4134 : Draft Minutes 06/06/23, 06/20/23, and 06/28/23) June 20, 2023 Regular City Council Meeting 3 -
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JUNE 20, 2023.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
APPOINTMENTS
None
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
(1) Appeal of Agua Mansa Logistics Center - TIME AND PLACE FIXED TO CONSIDER A PUBLIC
HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION (FILE INDEX NO.: DAP-001-668) TO APPROVE AN ARCHITECTURAL AND SITE
PLAN REVIEW TO ALLOW THE CONSTRUCTION OF TWO NEW WAREHOUSE/OFFICE BUILDINGS, TOTALING 928,466 SQUARE FEET AND ASSOCIATED SITE IMPROVEMENTS.
BUILDING 1 (DAP-001-668) CONTAINS 474,021 SQUARE FEET IN FLOOR AREA AND BUILDING 2 (DAP-001-716) CONTAINS 456,445 SQUARE FEET OF FLOOR AREA, A CONDITIONAL USE PERMIT (DAP-001-668) TO ALLOW BUILDING 1 WITH 95 FEET BUILDING HEIGHT INSTEAD OF 50 FOOT MAXIMUM HEIGHT LIMIT; VARIANCE (DAP-001- 668) TO ALLOW 114 PARKING STALLS FOR BUILDING 1 WHEN 314 PARKING STALLS ARE REQUIRED; TENTATIVE PARCEL MAP NO. 20358 (DAP-001-668 & 716) TO CONSOLIDATE LOTS FROM 11 PARCELS TO 2 PARCELS; HISTORIC MAJOR CERTIFICATE OF APPROPRIATENESS (DAP-001-668 & 716) TO DETERMINE IF THE PROJECT IS CONSISTENT
WITH REQUIREMENTS OF THE HISTORIC PRESERVATION ORDINANCE, LOCATED WITHIN THE HEAVY INDUSTRIAL (M-2) ZONE. (FILE INDEX DAP-001-816), RESOLUTION NO. R-60-23.
Mayor Navarro declared the Public Hearing open.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were 2 reports of protests or objections thereto.
Staff Presentation
Mario Suarez, Planning Manager, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
4.b
Packet Pg. 429 Attachment: 2023-06-20- Draft Minutes (4134 : Draft Minutes 06/06/23, 06/20/23, and 06/28/23) June 20, 2023 Regular City Council Meeting 4 -
Public Comment
The following community members addressed the Council: John Longfield, Jayson Baiz, Cindy Cotter, and Marlene Salazar Pongs.
Motion and Second by CM González/MPT Toro to close the public hearing.
Vote: Unanimous, Motion Passes.
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Planning Manager Mario Suarez, Development Services Director Mark Tomich, Public Works and Utilities Director Brian Dickinson, and Police Chief Henry Dominguez.
CM Echevarria left the Dais at 6:50pm and returned at 6:52pm.
Motion and Second by CM González/ MPT Toro to Approve and Adopt Resolution No. R-60-23.
Vote: Unanimous, Motion Passes.
(2) Appeal of Conditional Use Permit for Lineage Building - TIME AND PLACE FIXED TO CONSIDER
A PUBLIC HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF COLTON DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION APPROVING A CONDITIONAL USE PERMIT (FILE INDEX NO.:
DAP-001-668) TO ALLOW A 95 FOOT HIGH BUILDING HEIGHT INSTEAD OF 50 FEET HIGH ON PROPERTY MEASURING APPROXIMATELY 35.95 ACRES AND ZONED M-2 (HEAVY INDUSTRIAL) (FILE INDEX DAP-001-815), RESOLUTION NO. R-59-23.
Mayor Navarro declared the Public Hearing open.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Motion and Second by CM Chastain/ CM Echevarria to continue item to the Regular Council Meeting of July 18, 2023.
Vote: Unanimous, Motion Passes.
(3) Development Agreement - IDI Agua Mansa, LLC - TIME AND PLACE FIXED TO WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE NO O-06-23,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COLTON AND IDI
AGUA MANSA, LLC FOR THE AGUA MANSA LOGISTICS CENTER PROJECT, ORDINANCE NO O-06-23.
Mayor Navarro declared the Public Hearing open.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Motion and Second by MPT Toro/ CM Chastain to continue item to the Regular Council Meeting of July 18, 2023.
4.b
Packet Pg. 430 Attachment: 2023-06-20- Draft Minutes (4134 : Draft Minutes 06/06/23, 06/20/23, and 06/28/23) June 20, 2023 Regular City Council Meeting 5 -
Vote: Unanimous, Motion Passes.
(4) Development Agreement - Lineage Logistics, LLC - TIME AND PLACE FIXED TO WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE NO O-05-23,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA TO
APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COLTON AND
LINEAGE LOGISTICS, LLC FOR THE AGUA MANSA LOGISTICS CENTER PROJECT, ORDINANCE NO. O-05-23.
Mayor Navarro declared the Public Hearing open.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Motion and Second by CM Echevarria/ CM González to continue item to the Regular Council Meeting of July 18, 2023.
Vote: Unanimous, Motion Passes.
(5) Conduct LLMD I Public Hearing - TIME AND PLACE FIXED TO CONSIDER A PUBLIC
HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 2023/2024, & APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. I FOR FISCAL YEAR 2023/2024, RESOLUTION NO. R-51-23 & R-52-23.
Mayor Navarro declared the Public Hearing open.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Brian Dickinson, Director of Public Works and Utilities, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None.
Motion and Second by CM Chastain/CM González to close the public hearing.
Vote: Unanimous, Motion Passes.
Council Discussion
None.
Motion and Second by CM González/ MPT Toro to Approve and Adopt Resolution No. R-51-23 and R-52-23.
Vote: Unanimous, Motion Passes.
4.b
Packet Pg. 431 Attachment: 2023-06-20- Draft Minutes (4134 : Draft Minutes 06/06/23, 06/20/23, and 06/28/23) June 20, 2023 Regular City Council Meeting 6 -
(6) Conduct LLMD II Public Hearing - TIME AND PLACE FIXED TO CONSIDER A PUBLIC
HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2023/2024 & APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF
COLTON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2023/2024, RESOLUTION NO. R-53-23 & R-54-23.
Mayor Navarro declared the Public Hearing open.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Brian Dickinson, Director of Public Works and Utilities, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None.
Motion and Second by CM Chastain/CM Echevarria to close the public hearing.
Vote: Unanimous, Motion Passes.
Council Discussion
None.
Motion and Second by MPT Toro/ CM González to Approve and Adopt Resolution No. R-53-23 and R-54-23.
Vote: Unanimous, Motion Passes.
BUSINESS ITEMS
(7) Ordinance 0-07-23 and Resolution R-63-23 increasing City Council salary, automobile allowance and medical contribution - Waive Full Reading , Read by Title Only and Pass First Reading of Ordinance 0- 07-23 and Approve and Adopt Resolution R-61-23, Increasing Council Salary/Auto Allowance/Medical Contribution, ORDINANCE NO. O-07-23 & RESOLUTION NO. R-61-23.
Staff Presentation
Human Resources Director Thomas Cody presented for Council consideration an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
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Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Human Resources Director Thomas Cody and City Attorney Carlos Campos.
Motion and Second by CM González/MPT Toro to Waive Full Reading, Read by Title Only, and Pass the First Reading of Ordinance No. O-07-23 and Approve and Adopt Resolution No. R-61-23, Increasing Council Salary/Auto Allowance/Medical Contribution.
Subsequent Motion and Second by CM Chastain/ CM Echevarria to apply a 5% increase to the Mayor and Council’s base salary for each year starting back in 1988 to present instead of increasing their current base salary by 10% as was originally proposed.
Vote: Subsequent Motion Failed with MPT Toro, CM González, and Mayor Navarro voting no.
Vote: Motion to Waive Full Reading and Pass the First Reading of Ordinance O-07-23 and Approve and Adopt Resolution R-61-23 Passed, with MPT Toro and CM Chastain voting no. (8) Contract Amendment - William R. Smith - Approve Sixth Amendment to the Contract for William R.
Smith for Services as City Manager.
Staff Presentation
Carlos Campos, City Attorney presented for Council consideration an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Council Discussion
Councilmember Echevarria requested clarification on item; City Attorney provided clarification.
Motion and Second by MPT Toro/ CM González to Approve Sixth Amendment to the Contract for William R.
Smith for Services as City Manager.
Vote: Unanimous, Motion Passes.
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PUBLIC COMMENT
The following community members addressed the Council: Christine Irish Ré, Mark Garcia, and Pam Lemos. ***************************************************************************
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 9 through 18.
City Manager announced the following correction/update of the Consent Calendar: Correction to Item 9 - The Minutes from the May 24, 2023 Council Meeting.
Deputy City Clerk, Stephanie Vargas explained the correction for the records: Under the 1234 Oral Reports section of the Minutes, the wrong Councilmember’s name was written when describing who attended the City County 2023 Conference. The Council Members who should have been listed were CM Chastain and CM Echevarria. The Minutes have been corrected.
Motion and Second by CM González / MPT Toro to approve consent calendar.
Vote: Unanimous, Motion Passes.
(9) Minutes - Approval of Minutes for the Special City Council Meeting Held on May 24, 2023, on file in the Office of the City Clerk.
(10) Warrants - Approve voucher numbers 205798 to 205918 dated 05/18/2023 and totaling $796,113.99; voucher numbers 205919 to 206048 dated 05/25/2023 and totaling $1,015,168.83 and a payroll disbursement listing dated 04/29/2023 to 05/12/2023 and totaling $887,225.38. (11) City Treasurer's Report - Receive and File City Treasurer's Report for March 2023. (12) Annual Levy of Tax Assessment District A - Approve Resolution Ordering the Levy for Assessments for Improvement District “A” (James Sullivan Mutual Water Company), RESOLUTION NO. R-57-23. (13) Contract Amendment - ERSC - Approve Second (2nd) Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California for Fiscal Year 22/23.
(14) Contract Award - RP Landscape & Irrigation - Award Contract to RP Landscape & Irrigation for Landscape Lighting & Maintenance Districts I and II.
(15) Change Order - Lakeshore Learning Materials - Approve Change Order for Lakeshore Learning Materials, for Purchase of Classroom Materials, Supplies, and Furniture. (16) DBE Participation Level - Federal Fiscal Year 2023/2024 - Approve Resolution Authorizing the Annual Anticipated DBE Participation Level (AADPL) for Federal Fiscal Year 2023/2024, RESOLUTION NO. R-58-23.
(17) Notice of Completion - Alley Rehab Project - Approve Notice of Completion for the FY21-22 CDBG COLT-20-1-03K/0178 Alley Rehab Project.
(18) Purchase - Inner-Tite - Approve Purchase of Electric Meter Lock Rings from Inner-Tite in the Amount of $75,000.
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MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
City Manager Commented on the Water Meter issue that was brought up during Council Discussion and Public Comment and also offered compliments to the City Council for approving the Budget and the Staff raises, expressing that the raises to staff are well deserved.
ADJOURNMENT
At 8:20 p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium for previous Planning Commissioner Tom Archuleta and American Legion Post 155 Members Steve Ferrance. _________________________________
Stephanie M. Vargas
Deputy City Clerk
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CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
June 6, 2023
Regular Meeting held on the above-given date at 6:00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Deputy City Clerk Stephanie M. Vargas
FLAG SALUTE: Police Captain Tim Heusterberg
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor Carlos Campos, City Attorney
David J. Toro Stephanie M. Vargas, Deputy City Clerk
Kelly J. Chastain
Dr. Luis S. González
John R. Echevarria
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition - 2023 Recreation Employee of the Year
Recreational Services Manager, Heidi Strutz recognized Alex Pacheco, Senior Recreation Leader as the 2023 Recreation Employee of the Year. Alex Pacheco’s fellow coworkers voted him to be the obvious choice for this honor based on him being a good role model, leader, and team member who represents the Community Service Department and their Core Values. Strutz described Pacheco’s Journey working for the City starting in 2019 and praised his willingness to serve and the dedication he has shown which has made him an essential member of the Community Services team. Proclamation - Women Who Spark - Innovation in Utilities Mayor Navarro read a Proclamation Certificate – Woman Who Spark- Innovation in Utilities, and recognized Jessica Sutorus, Environmental Conservation Supervisor, for being nominated and selected for the award. She is recognized for her accomplishments in innovation for the work she has accomplished in developing an urban forest management plan, the Electric vehicle program, and for securing grants and new revenue streams for the City of Colton.
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Proclamation - Colton Teachers Appreciation Day
CM González read a Proclamation Certificate – Colton Teachers Appreciation Day, June 6, 2023. And then presented the teachers present with a certificate of recognition.
Teachers being presented a certificate:
o Miriam Borja
o Jennie Blinkinsop
o Lupe Cardenas
o Jeremy Dollins
o Eva Heras
o Robert Montano
o Ken Taber
o Evelin Villa
o David Wheatley
o Tom Wurz
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JUNE 6, 2023.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
APPOINTMENTS
Youth Commissioner to Recreation and Parks Commission – Sonia Castillo CM González submitted the name of Sonia Castillo for appointment to the Youth Commissioner to Recreation and Parks Commission.
Consensus by Council Members Present, No objections, so ratified.
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
None
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BUSINESS ITEMS
None
***************************************************************************
PUBLIC COMMENT
The following community members addressed the Council: Carlos Gonzalez, Joel Schwartz, John Baca, Veronica C. Gonzales, Rachel Carnell, Kathy A Davis, Juan Delgado, Pam Lemos. ***************************************************************************
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 1 through 19 Motion and Second by CM Chastain / CM Gonzalez to approve consent calendar.
Consent Items 6 and 7 removed from Consent Calendar for a separate Vote.
Vote: Unanimous, Motion Passes; Consent Calendar Items 1-19 pass with exception of Items 6 and 7, which were removed for a separate vote.
_______________________________________________
Mayor Navarro presents Item 6 for discussion.
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Finance Director Stacey Dabbs, Police Chief Dominguez, City Treasurer De La Torre.
Motion and Second by CM Echevarria/ CM Chastain to adopt Item 6 with amendment to include 4 additional positions; 1 Police Officer, 1 Firefighter, 1 Code Enforcement Officer, 1 Customer Service Officer.
Motion Amended by CM Echevarria to reduce the number of additional positions being added be 2 instead of 4; 2 Customer Service Officer Positions.
Subsequent Motion and Second by MPT Toro/ Mayor Navarro to approve the budget as is and to discuss adding additional positions during the Midyear budget workshop.
PUBLIC COMMENT
The following community members addressed the Council: Gary Grossich, Celest Carlos, and Pam Lemos.
Roll Call Vote- Subsequent Motion to approve the budget as is and discuss adding additional positions during the midyear budget workshop Fails with CM Chastain, CM Gonzalez, and CM Echevarria voting No.
Roll Call Vote- Motion to Approve the Budget with the addition of 2 Customer Service Officer Positions Passes with CM Toro and Mayor Navarro voting no.
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_______________________________________________
Mayor Navarro presents Item 7 for discussion.
Motion and Second by CM Chastain /MPT Toro to approve Item 7 Roll Call Vote- Motion Passes, Unanimous.
(1) Minutes - Approval of Minutes for the City Council Special Meeting Held on May 15, 2023 and Regular Meeting Held on May 16, 2023, on file in the Office of the City Clerk. (2) City Treasurer's Report - Receive and File City Treasurer's Report for February 2023. (3) Warrants - Approve US Bank voucher dated 04/26/23 and totaling $60,229.30; voucher numbers 205336 to 205420 dated 04/26/2023 and totaling $78,820.60; voucher numbers 205335, 205421 to 205540 dated 04/27/2023 and totaling $2,051,885.93; voucher numbers 205541 to 205678 dated 05/04/2023 and totaling $2,407,329.47; voucher numbers 205679 to 205797 dated 05/11/2023 and totaling $1,818,012.48 and a payroll disbursement listing dated 04/15/2023 to 04/28/2023 and totaling $949,176.16.
(4) Agreement - Cal-Fire - Approve and Adopt a Contract for Wildland Protection Agreement with Cal Fire, RESOLUTION NO. R-45-23.
(5) Agreement - CJUSD - Approve and Adopt an Agreement with the Colton Joint Unified School District to provide two School Resource Officers for FY23/24.
(6) Budget Adoption - FY2023-24 - Approve and Adopt the Fiscal Year 2023-24 Budget and the Annual GANN Limit for FY2023-24, RESOLUTION NO. R-55-23, R-56-23, CHA-02-23, CUA-02-23. (7) Compensation/Benefit Adjustments - Approve Recruitment and Retention Market Adjustments for City of Colton Employees, to Include Nine (9) Side Letters and Three (3) Resolutions, RESOLUTION NO.
R-36-23, R-37-23, R-38-23.
(8) Contract Award - Sidepath, Inc. - Approve Contract to Sidepath, Inc. for the Virtual Infrastructure Refresh Project in the Amount of $256,495.68, Resolution No. R-40-23. (9) Grant - California State Library - Approve and Adopt a Resolution Authorizing Acceptance of California State Library "Copy Cat" Grant, RESOLUTION NO. R-39-23. (10) Notice of Completion - FY21-22 Asphalt Paving Project - Approve Notice of Completion (NOC) for the FY 21-22 Asphalt Paving Project.
(11) Parcel Map No. 19926 - Accept Recordation of Final Parcel Map 19926 for 2050 W. Valley Boulevard, the WoodSpring Suites.
(12) Purchase - Police Patrol Vehicles - Approve Purchase of Ten (10) Police Patrol Vehicles from Sourcewell Agreement RFP-091521.
(13) Purchase - Bert's Mega Mall - Approve CAN-AM Commander Maxx OHV Purchase from Bert's Mega Mall, Using Accepted BOS Funding, in the Amount of $42,970.82.
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(14) Purchase - Omicron Electronics Corp, USA - Approve Purchase of Three Phase Transformer Test Set from Omicron Electronics Corp, USA, for $66,589.51.
(15) Purchase - National Auto Fleet Group - Approve the Purchase of a New 2024 Kenworth T480 Dump Truck Through National Auto Fleet Group for the Water Utilities Division of the Public Works & Utilities Department, in the Amount of $182,601.75.
(16) Purchase - APEX Officer - Approve Purchase of a Virtual Reality Training Simulator from APEX Officer.
(17) SB1205 Mandated Inspection Reporting - Approve Resolution Accepting the SB1205 Mandated Inspection Report, RESOLUTION NO. R-50-23.
(18) Set Public Hearing - LLMD I - Set Public Hearing Date of June 20, 2023 to Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District I for Fiscal Year 2023/2024, RESOLUTION NO. R-42-23, R-43-23, and R-44-23.
(19) Set Public Hearing - LLMD II - Set Public Hearing Date of June 20, 2023 and Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District II for Fiscal Year 2023/2024, RESOLUTION NO. R-46-23, R-47-23, and R-48-23.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None.
ADJOURNMENT
At 8:30 p.m.. Mayor Navarro adjourned the Regular Council Meeting. _________________________________
Stephanie M. Vargas
Deputy City Clerk
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STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 05/25/2023 AND
TOTALING $56,037.31; VOUCHER NUMBERS 206049 TO 206133
DATED 05/30/2023 AND TOTALING $78,820.60; VOUCHER
NUMBERS 206134 TO 206212 DATED 06/01/2023 AND TOTALING
$4,357,119.06; VOUCHER NUMBERS 206213 TO 206327 DATED
06/08/2023 AND TOTALING $1,484,747.19; VOUCHER NUMBERS
206328 TO 206413 DATED 06/15/2023 AND TOTALING $1,600,718.78 AND A PAYROLL DISBURSEMENT LISTING DATED 05/13/2023
TO 05/26/2023 AND TOTALING $960,127.55.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve US Bank voucher dated 05/25/2023 and totaling $56,037.31; voucher numbers 206049 to 206133 dated 05/30/2023 and totaling $78,820.60; voucher numbers 206134 to 206212 dated 06/01/2023 and totaling $4,357,119.06; voucher numbers 206213 to 206327 dated 06/08/2023 and totaling $1,484,747.19; voucher numbers 206328 to 206413 dated 06/15/2023 and totaling $1,600,718.78 and a payroll disbursement listing dated 05/13/2023 to 05/26/2023 and totaling $960,127.55.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer. 5 Packet Pg. 441
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
July 18, 2023