Agenda packet — Mayor and City Council, February 1, 2023 (part 3 of 4)

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RESOLUTION NO. 2023-025

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE APPLICATION TO THE LOCAL

AGENCY FORMATION COMMISSION TO PROVIDE CITY

SEWER SERVICES TO PROPERTY LOCATED WITHIN
THE UNINCORPORATED TERRITORY AT 3835 JUNE
STREET, SAN BERNARDINO, CALIFORINA; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN

IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, John Camarena and Magdalena Lagos, husband and wife as joint tenants, the owners of the property located in an unincorporated area at 3835 June Street, San Bernardino, California, also known as Assessor’s Parcel Number 0267-021-02, have requested connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owners requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 3835 June Street, Assessor’s Parcel Number 0267-021-02, more fully described as follows:

The North 82 feet of the South 166 feet of Lot 50, Tract No. 2946, in the unincorporated area of the County of San Bernardino, State of California, as per Plat recorded in Book 40 of Maps, Pages 82 to 84, inclusive, records of said County.

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SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2022-372, a copy of which is attached as Exhibit “A”.

SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.

SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-025
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-___, adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)

IRREVOCABLE AGREEMENT TO ANNEX
No. 2023-372
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 1st day of February, 2023; by and between John Camarena and Magdalena Lagos, husband and wife as joint tenants, hereinafter referred to as “OWNERS,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNERS and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.

RECITALS:

WHEREAS, OWNERS hold title to the one parcel, APN 0264-021-02-0000, located at 3835 June Street, San Bernardino, California, and parcel is further described as follows:

T h e N o r t h 8 2 f e e t o f t h e S o u t h 1 6 6 f e e t o f L o t 5 0 , T r a c t N o . 2 9 4 6 , i n t h e u n i n c o r p o r a t e d a r e a o f t h e C o u n t y o f S a n B e r n a r d i n o , S t a t e o f C a l i f o r n i a a s p e r P l a t r e c o r d e d i n B o o k 4 0 o f M a p s , P a g e s 8 2 t o 8 4 , i n c l u s i v e , r e c o r d s o f s a i d C o u n t y . w i t h A s s e s s o r ’ s P a r c e l N u m b e r : 0 2 6 7 - 0 2 1 - 0 2 ( “ P r o p e r t y ” ) .

WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNERS desire to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon OWNERS’ heirs, successors and assigns.

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372LAFCO SC # _____ NOW, THEREFORE, the Parties hereto agree as follows:

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372LAFCO SC # _____ SECTION I OWNERS AGREE:
a. To consent to the annexation of the Property to the CITY. OWNERS agree to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNERS and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNERS and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNERS and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNERS acknowledge and agree that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNERS or Successor failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNERS to provide for alternative service.
i. OWNERS agree to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt and debris. j. OWNERS shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.

SECTION II CITY AGREES:
a. To allow OWNERS’ parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.

SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNERS securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNERS acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372LAFCO SC # _____

SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.

CITY OF SAN BERNARDINO
Approved By:

OWNERS
__________________________________ _______________________________ City Manager Signature
______ John Camarena __________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____ Magdalena Lagos
Name
__________________________________
Genoveva Rocha
CMC, City Clerk

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372LAFCO SC # _____

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372LAFCO SC # _____

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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Exhibit B
Vicinity Map
Irrevocable Agreement to
Annex 2023-372 (Ward 6)

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EXHIBIT C

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 1, 2023
To: Honorable Mayor and City Council Members
From: Charles McNeely, Interim City Manager
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Resolution Declaring Intent to Annex
Territory: Community Facilities District No.
2019-1 (Maintenance Services): Annexation
No. 33, Tax Zone No. 34 (GWS #7) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-026 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 33) and authorizing the levy of a special taxes therein.

Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

Discussion
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or

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special tax upon properties within the District which provides the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and

2. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and

3. Maintenance of streets, including pavement management; and

4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District, including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 9.27 gross acres of a zoned industrial property. The property is located at the northeast intersection of Lena Road and E Norman Road. At build out, this development will include an industrial warehouse building as a new Tax Zone, No. 34, within CFD No. 2019- 1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 34), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $2,943 per acre for FY 2023/24. This tax rate includes a Maximum Special Tax A of $2,785 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $158 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year

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at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report, is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
•Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for March 15, 2023.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $25,814 from Special Tax A to be used to pay for maintenance costs.

In March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final

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subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-026 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 33) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 – Resolution of Intention No. 2023-026
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E – Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of

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maintenance, services, and expenses with respect to
Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual
costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

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RESOLUTION NO. 2023-026

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 33) AND AUTHORIZING

THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019, in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A, attached hereto, and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 33, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

SECTION 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C.

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, March 15, 2023, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-

1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 15, 2023, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 12. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of __________ 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 33 is currently comprised of twelve (12) parcels, located within the City boundaries.

The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0280-171-13 GWS #7 Development LLC
0280-171-14 GWS #7 Development LLC
0280-171-15 GWS #7 Development LLC
0280-171-16 GWS #7 Development LLC
0280-171-18 GWS #7 Development LLC
0280-171-19 GWS #7 Development LLC
0280-191-05 GWS #7 Development LLC
0280-191-06 GWS #7 Development LLC
0280-191-07 GWS #7 Development LLC
0280-191-08 GWS #7 Development LLC
0280-191-09 GWS #7 Development LLC
0280-191-10 GWS #7 Development LLC

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EXHIBIT B

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, park ways, streets, roads and open space, which maintenance and lighting services may include, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and repl acement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public structures situated on parks, parkways, street s, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way includi ng the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of th e forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO

A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019 -1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019 -1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and prep aring the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inqui ries regarding the Special Tax es; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of s alaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019 -1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the Coun ty Assessor of the County.

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Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building.

“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.

“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).

“City” means the City of San Bernardino.

“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the P OA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.

“County” means the County of San Bernardino.

“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means the period from and including July 1 st of any year to and including the following
June 30th.

“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Maximum Special Tax ” means either Maximum Special Tax A and/ or Maximum Special Tax B (Contingent), as applicable.

“Maximum Special Tax A” means the Maximum Special Tax A, as determin ed in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

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Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent) ” means the Maximum Special Tax B (Contingent) , as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.

“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non -residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.

“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone , and (iii) Undeveloped Pr operty that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.

“Service(s)” means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 201 9-1 as set forth in the documents adopted by the City Council at the time the CFD was formed.

“Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019 -1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limite d to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circu mstances shall the Special Tax A Requirement include funds for Bonds.

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Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.

“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non -Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determ ined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi- family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or oth er development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi- family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Un its by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s

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Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual num ber of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961

(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 20 20 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:

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Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961

On each July 1, commencing on July 1, 20 20 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338

On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:

(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 20 20 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Cate gory. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each lan d use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982 -84 = 100) since t he beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;

Second: I f additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;

Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has b een completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of

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Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The S pecial Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;

Second: I f additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;

Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as det ermined by the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 201 9-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

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APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

COST ESTIMATE

Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.

TAX ZONE 34
PM 20392

Item Description Estimated Cost
1 Landscaping $9,119
2 Lighting $6,800
3 Streets $5,677
4 Reserves $1,808
5 Admin $2,410
Total $25,814

Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1 Tax Zone 34.

TAX ZONE 34 (CONTINGENT SERVICES)
PM 20392

Item Description Estimated Cost
1 Streets $462
2 Admin $1,000
Total $1,462

TAX ZONE 34
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $2,785 $158

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FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,785 $158

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City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)

TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 320 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $347 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC

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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 20 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES

The services which may be funded with proceeds of the special tax of CFD No. 201 9-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals ; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, s treets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

In addition to payment of the cost and expense of t he forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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City of San Bernardino 16
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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0280-191-05
0280-191-06
0280-191-07
0280-191-08
0280-191-10
0280-171-15
0280-171-14
0280-171-13
0280-171-18
0280-171-19
0280-171-16
0280-191-09

NORMAN RD

LENA RD
ANNEXATION MAP NO. 33
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET

THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
C A L I F O R N I A .

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
S T A T E O F C A L I F O R N I A .

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO AT A REGULAR MEETING THEREOF, HELD
ON THE ____ DAY OF ____________________, 20 ____.

BY ITS RESOLUTION NO. ____________________
______________________________________
___
C

ITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____.
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
CFD 2019-1
TAX ZONE 34
^_
£¤66
·|}þ18
·|}þ330
·|}þ0
§¨¦215
·|}þ259
·|}þ38
·|}þ210
§¨¦10
£¤66
£¤66

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2022-23.
-
LEGEND

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

XXXX-XXX-XX

ASSESSOR PARCEL NUMBER (APN)
34 TAX ZONE
34 T H I S M A P W A S F I L E D U N D E R D O C U M E N T N U M B E R _____________, THIS _______ DAY OF _______, 20 ____, AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,

AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.

CHRIS WILHITE

A S S E S S O R - R E C O R D E R

S A N B E R N A R D I N O C O U N T Y
BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

EXHIBIT D
 
  
 
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EXHIBIT E

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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 33)

NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 1, 202 3 adopted its Resolution No. 202 3-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019 -1 (Maintenance Services) (the "CFD No. 2019 -1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello- Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.

The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, March 15, 2023 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019 -1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in t he March 1 5, 2023 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardi no, California, 9241 0. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002.

DATED: ____________, 2023 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2023

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 33

(March 15, 2023)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
GWS#7 Development, LLC 9.27 10

According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above- named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019 -1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 1, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 15, 2023.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

GWS#7 Development, LLC
Attn: Scott Morse
901 Via Piemonte, Suite 175
Ontario, CA 91764

0280-171-13, -14, -15, -16, -18, -19,
0280-191-05, -06, -07, -08, -09, -10

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 33 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019- 1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above- named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Scott Morse
Executive Vice President

Signature

Print Name

Title

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EXHIBIT H
 
  
 
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CENTRAL AVE
FOISY
ST

NORMAN RD

CLEVENGER
DR
LENA

RD SUNNYSIDE
AVE

ORANGE SHOW RD
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W

AYNINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PACIFIC ST

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE

SAN BERNARDINO AVE
M

T VERNON AVE

NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦
215
§¨¦
10 CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 33

PROJECT MAP

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Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 34, Tax Zone No. 35 (Clean
Energy Fuel) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-027 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 34) and authorizing the levy of a special taxes therein.

Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special

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tax upon properties within the District which provides the revenue to offset the cost of maintenance of the public improvements necessary to serve the development.

The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and

2. Maintenance of streets, including pavement management; and

3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District, including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 6.36 gross acres of a commercial property. The property is located at the northwest intersection of E Central Ave and S Tippecanoe Ave. At build out, this development will include a clean energy fueling station and establish Tax Zone No. 35 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. To annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone (Tax Zone No. 35), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $726 per acre for FY 2023/24. This tax rate includes a Maximum Special Tax A of $533 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $193 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Exhibit “H”, attached [A1] to the staff report, is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA.

To annex property to CFD No. 2019-1 pursuant to the provisions of California

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Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below:
•Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $3,727 from Special Tax A to be used to pay for maintenance costs.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

Conclusion

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It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-027 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 34) and authorizing the levy of a special taxes therein.

Attachments
Attachment 1 – Resolution of Intention No. 2023-027
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E – Signed Petition & Waiver
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map

Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

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Resolution No. 2023-027
Resolution No. 2023-027
February 1, 2023

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RESOLUTION NO. 2023-027

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 34) AND AUTHORIZING

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

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Resolution No. 2023-027
Resolution No. 2023-027
February 1, 2023

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019, in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A, attached hereto, and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 34, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

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Resolution No. 2023-027
Resolution No. 2023-027
February 1, 2023

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, March 15, 2023, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

SECTION 12. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of __________ 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-027
Resolution No. 2023-027
February 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 34 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0280-091-27 MLG SB Land, LLC &
Grandfathers Land Holdings, LLC

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EXHIBIT B

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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO

A. DEFINITIONS

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the Coun ty Assessor of the County.

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“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.

“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).

“City” means the City of San Bernardino.

“County” means the County of San Bernardino.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Fiscal Year” means the period from and including July 1 st of any year to and including the following
June 30th.

“Maximum Special Tax ” means either Maximum Special Tax A and/ or Maximum Special Tax B (Contingent), as applicable.

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“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.

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"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

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TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961

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City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

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City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)

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City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

COST ESTIMATE

TAX ZONE 35
CUP 21-16

Item Description Estimated Cost
1 Lighting $200
2 Streets $2,497
3 Reserves $30
4 Admin $1,000
Total $3,727

TAX ZONE 35 (CONTINGENT SERVICES)
CUP 21-16

Item Description Estimated Cost
1 Streets $348
2 Admin $1,000
Total $1,348

TAX ZONE 35
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $533 $193

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City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE 35
FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $533 $193

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City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)

TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC

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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES

(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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City of San Bernardino 16
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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0280-091-27

TIPPECANOE AVE

CENTRAL AVE

SUNNYSIDE AVE
ANNEXATION MAP NO. 34
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET

THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
C A L I F O R N I A .

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
S T A T E O F C A L I F O R N I A .

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS

APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO AT A REGULAR MEETING THEREOF, HELD
ON THE ____ DAY OF ____________________, 20 ____.

BY ITS RESOLUTION NO. ____________________
______________________________________ ___

CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____.
_________________________________________

CITY CLERK, CITY OF SAN BERNARDINO
CFD 2019-1
TAX ZONE 35
^_
£¤66
·|}þ18
·|}þ330
·|}þ0
§¨¦215
·|}þ259
·|}þ38
·|}þ210
§¨¦10
£¤66
£¤66

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2022-23.
-
LEGEND

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

XXXX-XXX-XX ASSESSOR PARCEL NUMBER (APN)
35 TAX ZONE

T H I S M A P W A S F I L E D U N D E R D O C U M E N T N U M B E R _____________, THIS _______ DAY OF _______, 20 ____, AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,

AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.

CHRIS WILHITE

A S S E S S O R - R E C O R D E R

S A N B E R N A R D I N O C O U N T Y
BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
35 EXHIBIT D
 
  
 
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EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 34)

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 9241 0. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002.

DATED: ____________, 2023 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2023

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 34

Name of Landowner Number of Acres Owned Total Votes
Grandfather’s Land Holdings, LLC 4.64 5

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 15, 2023.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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EXHIBIT G
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

Grandfather’s Land Holdings, LLC
Attn: Marilyn S. Walker
2182 Vista Entrada
Newport Beach, CA 92660

0280-091-27

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 34 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above- named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Marilyn S. Walker
Manager

Signature

Print Name

Title

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EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 34

Name of Landowner Number of Acres Owned Total Votes
MLG SB Land, LLC 4.64 5

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 15, 2023.

Very truly yours,

Genoveva Rocha, CMC, City Clerk

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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

MLG SB Land, LLC
Attn: Linda G. Alshuler
2182 Vista Entrada
Newport Beach, CA 92660

0280-091-27

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 34 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above- named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Linda G. Alshuler
Manager

Signature

Print Name

Title

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BILL L.WILLIAMSIRRIGATION DESIGN & CONSULTANT 2720 E. WALNUT AVE., ORANGE, CA. 92867CELL 714-309-9833, FAX [email protected] CL P.L.N89°47'10"W
809.65'
P.L.N00°03'30"E 337.96'
P.L.N89°45'52"W 200.00'
P.L.N89°45'52"W 181.50'N00°03'30"E 76.94'
P.L.N89°45'52"W 106.60''P.L.N00°03'30"E 280.00'
P.L.N89°45'52"W 267.46' P.L.N00°02'52"E 522.66'CL
CL

LIMIT OF WORK

LIMIT OF WORK
CL S. TIPPECANOE AVE.

E. CENTRAL AVE.

CFD MAINTENANCE AREASE. CENTRAL AVE.TIPPECANOE7676 SF906 SF955 SF1 EASTREETSIDEWALKDRIVEWAYSTREET LIGHT1 EAPARKWAY DRAIN19842 SF1756 SF548 SF1 EA0 EA267 LFFRONTAGE338 LF MATTHEW LOSER, PE R.C.E. 63002DATEDESIGNATION:C1-9ELEVATION:1055.020'DESCRIPTION:BRASS DISK STAMPED "CITY OF SAN BERNARDINO BM C1-9" SET INTHE TOP OF THE CURB, 1 FOOT NORTHERLY OF THE NORTHWESTCURB RETURN OF BENEDICT ROAD AND TIPPECANOE AVENUE.4675 Mac Arthur Court, STE.800Newport Beach, California 92660TEL: (949) 437-1000SCALE: 1” is 30’OFF-SITE ENGINEER SEALOFF-SITE ENGINEER INFORMATIONMARKBENCH MARK:REVISIONSBYAPPR.DATEDRAWN BY:CHECKED BY:RECORDED BY:APPROVED _________________________ 2022_______________________________________CITY ENGINEER___________________________REGISTERED CIVIL ENGINEER NO. ____________CITY OF SAN BERNARDINOPublic Works DepartmentFORADDRESSACTIVITY #SHEET _______OF __________1 1110 E. CENTRAL AVE.

CFD MAINTENANCE SITE PLAN EXHIBIT1
 
  
 
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TIPPECANOE
AVE

CLEVENGER
DR

SUNNYSIDE AVE

CENTRAL AVE

SANTA FE ST

BENEDICT RD
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W

AYNINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PACIFIC ST

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE

SAN BERNARDINO AVE
M

T VERNON AVE

NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦
215
§¨¦
10 CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 34

PROJECT MAP

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 1, 2023
To: Honorable Mayor and City Council Members
From: Charles McNeely, Interim City Manager
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Amendment No. 7 to Cooperative Agreement 04-040 with San Bernardino County Transportation Authority
(SBCTA) for the San Bernardino Metrolink Station and
Santa Fe Depot
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the Amendment No. 7 to Cooperative Agreement 04-040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot; and

2. Authorize the City Manager to execute the amendment to the agreement.

Background
The City has had a long-standing cooperative agreement with SBCTA to operate and maintain the Santa Fe Depot for many years. There have been substantial improvements to the facility and the impact to the operations and maintenance needs to be memorialized via an amendment to the existing agreement.

The San Bernardino Transit Center (SBTC) has been serving the public for approximately five years. The SBTC consists of an Omnitrans owned and operated bus facility, a separate commuter rail station which contains a crew house building, a platform that serves both the Downtown San Bernardino Passenger Rail and Redlands Passenger Rail, and a shared use parking lot to be used for the commuter rail station. The Cooperative Agreement defines the maintenance roles and responsibilities for the various portions of the SBTC. Amendment No. 7 to Cooperative Agreement 04-040 further defines those roles.

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Discussion
The Operations and Maintenance Agreement 04-040 between SBCTA and the City of San Bernardino sets forth responsibilities and obligations regarding the operations and maintenance responsibilities. This agreement is consistent with agreements between SBCTA and other cities that have a commuter rail station, wherein the cities accept responsibility for the security and maintenance of the stations within their respective jurisdiction. It is expected that the City is better suited to provide the necessary security and maintenance services for the station areas and facilities considered to be non-operating property and that the cities would benefit from greater economies of scale than SBCTA could in providing these services.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Goal No 1: Improved Operational & Financial Capacity. This Agreement will create a framework for spending decisions through the operation and maintenance of infrastructures built for the commuter rail stations.

Fiscal Impact
There is no fiscal impact with this action. Amendment further clarifies duties and responsibilities of the City of San Bernardino.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the Amendment No. 7 to Cooperative Agreement 04-040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot; and

2. Authorize the City Manager to execute the amendment to the agreement.

Attachments
Attachment 1 SBCTA Cooperative Agreement Amendment No. 7 (Partially Executed)
Attachment 2 Resolution 2017-255 Authorizing the Execution of Amendment No. 6 to Cooperative Agreement 04-040
Attachment 3 Resolution 2007-247 Authorizing the Execution of Amendment No. 5 to Cooperative Agreement 04-040
Attachment 4 Resolution 2006-303 Authorizing the Execution of Amendment No. 4 to Contract no. 04-040
Attachment 5 Resolution 2005-317 Authorizing the Execution of Amendment No. 3 and Ratifying Amendment No. 2 to
Contract No. 04-040
Attachment 6 Resolution 2004-070 Authorizing the Execution of Amendment No. 1 to Contract No. 04-040

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Ward:

First Ward
Synopsis of Previous Council Actions:

December 20, 2017 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 6 to Cooperative Agreement 04-040.

July 16, 2007 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 5 to Cooperative Agreement 04-040.

September 5, 2006 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 4 to Cooperative Agreement 04-040.

September 19, 2005 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 3 and Ratifying Amendment No. 2
Cooperative Agreement 04-040.

March 15, 2004 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of
Amendment No. 1 to Cooperative Agreement 04-040.

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deposit of such notice into the United States Mail. Each such notice shall be sent to the respective Party at the address indicated below or to any other address as the respective Parties may designate from time to time by a notice given in accordance with this Section. Parties shall notify each other of any contact information changes within ten (10) business days of the change.

To San Bernardino County To City of San Bernardino
Transportation Authority
1170 W. 3rd Street, 2nd Floor Vanir Tower, 290 North D Street San Bernardino, CA 92410-1715 San Bernardino, CA 92401
Attn: Management Services Attn: Cory S. Hod2.es
Email: depot(iil2osbcta.com Email: hod2.es co(@sbcity.org Phone: (909) 884-8276 Phone: 909.384.5027
Copy: General Counsel Copy: City Attorney
Email: gencounsel�gosbcta.com Email:

IN WITNESS WHEREOF, the authorized parties have signed below;

SAN BERNARDINO COUNTY

TRAN RT T AUTHORITY
Board President

APPROVED AS TO FORM
By:��f
;,�
General Counsel
Date: !Je&1� ;M,,2)-.----"=-----==---=-=---.,___e___.:_-----""--=.ctc-1--=-....;;...;;;.--

CITY OF SAN BERNARDINO
By:---------
Charles McNeely
Interim City Manager
Date: ------------

APPROVED AS TO FORM
By:

Date:

Sonia R. Carvalho
City Attorney
------------
SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 5

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1 2
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7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 2017- 255

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04- 040 ( SANTA FE DEPOT) AND THE

EXECUTION OF AN OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO, THE SAN BERNARDINO COUNTY TRANSIT

AUTHORITY AND OMNITRANS REGARDING THE SAN BERNARDINO TRANSIT CENTER.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The City Manager is hereby authorized to execute Amendment No. 6 to Cooperative Agreement 04- 040, attached hereto as Exhibit " A" and incorporated herein.

SECTION 2. The City Manager is hereby authorized to execute an Operations and Maintenance Agreement ( Agreement No. 17- 100166), attached hereto as Exhibit " B" and incorporated herein.
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5 6
7 s
9 10
11 12
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15 16
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19 20
21 22
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25 26
27 2s

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04- 040 ( SANTA FE DEPOT) AND THE

EXECUTION OF AN OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN

THE CITY OF SAN BERNARDINO, THE SAN BERNARDINO COUNTY TRANSIT

AUTHORITY AND OMNITRANS REGARDING THE SAN BERNARDINO TRANSIT CENTER
I HEREBY CERTIFY that the foregoing Resolution was duly adoptedby the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 20th
day of December 2017, by the following vote, to wit:

Council Members: AYES

MARQUEZ X

BARRIOS X( S)

VALDIVIA X

SHORETT X( M)

NICKEL X

RICHARD X

MULVIHILL X

NAYS ABSTAIN ABSENT
Georgeann 1 mia, CMC, C _ Clerk
The foregoing Resolution is hereby approved this 20'
h
day of December2017
J
R. Carey
DaVernardino
Mayor
City of San
Approved as to form:

Gary D. Saenz, City Attorney
Lm
u

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5 6
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17 RESOLUTION NO. 2007- 247

RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY

OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXEUTE AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT 04- 040 BETWEEN THE

SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY

OF SAN BERNARDINO REGARDING THE SAN BERNARDINO METROLINK STATION AND SANTA FE DEPOT.

BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The City Manager is hereby authorized to execute Amendment No. 5 to the Cooperative Agreement with San Bernardino County Transportation Commission SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot, Contract No. 04- 040. A copy of Amendment Number 5 to the Cooperative Agreement is attached as Exhibit" 1 " and is incorporated herein.

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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF

SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT 04-040 BETWEEN THE

SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO REGARDING THE SAN BERNARDINO METROLlNK STATION AND SANTA FE DEPOT.

I HEREBY CERTIFY that the foregoing Resolution was duly adoptedby the Mayor joint
and Common Council of the City of San Bernardino at a regulanneeting thereof, held on the 1n... day of T1I1 y 2007, by the following vote, to wit:

Council Members: AYES NAYS ABST A1N ABSENT

ESTRADA
X
X
BAXTER

BRINKER X

DERRY X

KELLEY X

JOHNSON
X
MC CAMMACK ----.. lL
2007.

JJMdJuu\ edffJll) ~
City Clerk )
r.t
The foregoing resolution is hereby approved this t 1 . day of July tric J. Morris, Mayor
City of San Bernardino
Approved as to
Form:

JAMES F. PENMAN,
City orney
By:

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2007- 247 EXHIBIT 1
AMENDMENT NO. 5
TO COOPERATIVE AGREEMENT 04- 040
between the

SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION
and

CITY OF SAN BERNARDINO
TIDS AMENDMENT NUMBER 5 to Cooperative Agreement 04- 040 is hereby made and entered into and effective this 6th day of June, 2007, by and between the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION ( hereinafter referred to as " SANBAG") and the CITY OF SAN BERNARDINO ( hereinafter referred to as " CITY"), with regard to the San Bernardino Metrolink station and Santa Fe Depot located in the CITY.

WHEREAS, SANBAG and CITY previously entered into Cooperative Agreement 04- 040 on December 3, 2003, specifying the roles and responsibilities for the provision of maintenance and security at the San Bernardino Metrolink station and the rehabilitation of the Santa Fe Depot; and
WHEREAS, in March 2004, SANBAG and CITY approved Amendment Number I to Cooperative Agreement 04- 040 amending Exhibit " G" to reflect an increase in the SANBAG frnancial contribution for the rehabilitation of the Santa Fe Depot; and WHEREAS, in September 2004, SANBAG and CITY approved Amendment Number 2 to Cooperative Agreement 04- 040 changing the address for SANBAG and revising the timing in which SANBAG and CITY pay for Santa Fe Depot Common Area and Non- Leased SpaceExpenses; and
WHEREAS, in October 2005, SANBAG and CITY approved Amendment Number 3 to Cooperative Agreement 04- 040 identifying the roles and responsibilities, including frnancial obligations, between SANBAG and CITY for the design and construction of a temporary parking lot and a multi- level parking structure at the San Bernardino Metrolink station; and
WHEREAS, in October 2005, the SANBAG Board approved an additional allocation of Congestion Mitigation and Air Quality ( CMAQ) funds for the multi- level parking structure project; and
WHEREAS, in June 2006, the SANBAG Board approved additional CMAQ local match funds as part of the Fiscal Year 2006/ 2007 Budget; and A040405- mab. doc
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WHEREAS, in August 2006, the SANBAG Board approved an increase in local funds necessary to match the approved amount of CMAQ funds, resulting in a total project budget of $ 8, 063, 775; and
WHEREAS, the CITY has completed the design of the parking structure to the 90% level and determined that additional funding will be necessary.

NOW, THEREFORE, it is agreed that Section 6. 10 of Cooperative Agreement 04- 040 is replaced as set forth below:

COMMUTER RAIL STATION

6. 10 Permanent Multi- Level Parking Structure Funding. Funding for the Permanent Multi- Level Parking Structure in the amount of $ 11, 563, 775 ($ 7, 138, 860 CMAQ, 924, 915 LTF Rail, and $ 3, 500, 000 in Rail Asset Revenue) has been identified as being available. CITY shall be responsible for any and all actions required for the obligation and receipt of the $ 7, 138, 860 in CMAQ funds approved for this project. Upon the execution of Amendment Number 3 SANBAG has provided CITY with $ 103, 230 as the local match for CMAQ funds approved for PS& E and environment clearance work. CITY shall provide a copy of authorization to proceed with construction with the remaining CMAQ funds to SANBAG. Within thirty ( 30) days of receipt of such authorization, SANBAG shall provide CITY with the remaining CMAQ local match of L TF Rail in the amount of $ 821, 685.

The $ 3, 500, 000 in Rail Asset Revenue shall be paid to CITY within thirty ( 30) days of receipt of a monthly invoice for construction management and construction expenses. CITY shall copy SANBAG on all requests for reimbursement of CMAQ funds. Upon project close- out, CITY shall provide an accounting of the funds used with any remaining local match funds advanced to CITY by SANBAG clearly identified. Within thirty ( 30) days of project close- out, CITY shall return to SANBAG any unspent local match funds.

All other terms and conditions contained in SANBAG Cooperative Agreement 04- 040 as previously amended by Amendments 1, 2, and 3 shall remain in full force and effect.

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IN WITNESS THEREOF, the authorized parties have signed below:

Date: 7
I I
Date: 7-/ 4'- 07
Approved as to form:
j-~
es F. Penman
Attorney

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21 RESOLUTION NO. 2006- 303

RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY

OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 4 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN

BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS

SANBAG) FOR THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04- 040.

BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City Amendment Number 4 to Cooperative Agreement with San Bernardino Associated Governments ( SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot, Contract No. 04- 040. A copy of Amendment Number 4 to Cooperative Agreement is attached as Exhibit " I", and is incorporated herein.

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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY

OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 4 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN

BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS

SANBAG) FOR THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04- 040.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th day of September , 2006, by the following vote, to wit:

Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA 1L-
BAXTER x
13 VACANT
14 DERRY
15 KELLEY
1L-
1L-
16 17
18 19
20 21
22 23
24 25
26 27
28 JOHNSON x
MCCAMMACK x
L
City lerk
The foregoing resolution is hereby approved this 1-fIL day of September, 2006.
7, WXn/, c:.
w ay McCammack, Mayor Pro Tern
City of San Bernardino
Approved as to form:

JAMES F. PENMAN,
City Attorney
By:

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EXHIBIT 1
2006- 303
AMENDMENT NUMBER 4
TO COOPERATIVE AGREEMENT 04- 040
between the
SAN BERNARDINO COUNTY TRANSPORT A nON COMMISSION
and

CITY OF SAN BERNARDINO
THIS AMENDMENT NUMBER 4 to Cooperative Agreement 04- 040 is hereby made and entered into and effective this 2ndday of August, 2006, by and between the SAN BERNARDINO COUNTY TRANSPORT A nON COMMISSION ( hereinafter referred to as " SANBAG") and the CITY OF SAN BERNARDINO ( hereinafter referred to as " CITY"), with regard to the San Bernardino Metrolink station and Santa Fe Depot located in the CITY.

WHEREAS, SANBAG and CITY previously entered into Cooperative Agreement 04- 040 on December 3, 2003, specifying the roles and responsibilities for the provision of maintenance and security at the San Bernardino Metrolink station and the rehabilitation of the Santa Fe Depot; and
WHEREAS, in March 2004, SANBAG and CITY approved Amendment Number I to Cooperative Agreement 04- 040 amending Exhibit " G" to reflect an increase in the SANBAG financial contribution for the rehabilitation of the Santa Fe Depot; and WHEREAS, in September 2004, SANBAG and CITY approved Amendment Number 2 to Cooperative Agreement 04- 040 changing the address for SANBAG and revising the timing in which SANBAG and CITY pay for Santa Fe Depot Common Area and Non- Leased SpaceExpenses; and
WHEREAS, in October 2005, SANBAG and CITY approved Amendment Number 3 to Cooperative Agreement 04- 040 identifying the roles and responsibilities. including financial obligations, between SANBAG and CITY for the design and construction of a temporary parking lot and a multi- level parking structure at the San Bernardino Metrolink station; and
WHEREAS, in October 2005, the SANBAG Board approved an additional allocation of Congestion Mitigation and Air Quality ( CMAQ) funds for the multi- level parking structure project; and
WHEREAS, in June 2006, the SANBAG Board approved additional CMAQ local match funds as part of the Fiscal Year 2006/ 2007 Budget.

NOW, THEREFORE, it is agreedthat Section 6. 10 of Cooperative Agreement 04- 040 is replaced as set forth below:

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2006- 303
VI

COMMUTER RAIL STATION

6. 10 Permanent Multi- Level Parking Structure Funding. Funding for the Permanent Multi- Level Parking Structure in the amount of $ 8, 063, 775 ($ 7, 138, 860 CMAQ and $ 924, 915 LTF Rail) has been identified as being available. CITY shall be responsible for any and all actions required for the obligation and receipt of the 7, 138, 860 in CMAQ funds approved for this project. Upon the execution of Amendment Number 3 SANBAG has provided CITY with $ lO3, 230 as the local match for CMAQ funds approved for PS& E and environment clearance work.

CITY shall provide a copy of authorization to proceed with construction with the remaining CMAQ funds to SANBAG. Within thirty ( 30) days of receipt of such authorization, SANBAG shall provide CITY with the remaining CMAQ local match of $ 821 , 685. CITY shall copy SANBAG on all requests for reimbursement of CMAQ funds. Upon project close- out, CITY shall provide an accounting of the funds used with any remaining local match funds advanced to CITY by SANBAG clearly identified. Within thirty ( 30) days of project close- out, CITY shall return to SANBAG any unspent local match funds.

All other terms and conditions contained in SANBAG Cooperative Agreement 04- 040 as previously amended by Amendments 1, 2 and 3 shall remain in full force and effect.

IN WITNESS THEREOF, the authorized parties have signed below;

ERNARDINO COUNTY
SPORTATI N COMMISSION CITY OF. SAN BERNARDINO
4;W~~~~
rtdy McCammack, Mayor Pro Tern
Date: 11lt 7, ;),/) 00 Date: ~. 7.:: l. () 0 Co
Approved as to form: Approved as to form:
eSf. ru~
SANBAG Counsel

7.~
es F. Penman
ty Attorney
A040404- mab. doc
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RESOLUTION NO. 2005- 317

RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 3 AND RATIFYING AMENDMENT NUMBER 2 TO THE COOPERATIVE

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN

BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG) FOR THE SAN

BERNARDINO METRO LINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04- 040
BE. IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City Amendment Number 3 to Cooperative Agreement 04- 040 with San Bernardino Associated Governments ( SAN BAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot Rehabilitation Project, Contract No. 04- 040. A copy of Amendment Number 3 to Cooperative Agreement is attached as Exhibit " 1", and is incorporated herein.

SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty ( 60) days of the passage of this resolution.

SECTION 3. Amendment Number 2 to SANBAG Cooperative Agreement 04- 040, by letter dated September 1, 2004, attached and incorporated herein as Exhibit " 2", is hereby ratified by the Common Council.

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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 3 AND RATIFYING AMENDMENT NUMBER 2 TO THE COOPERATIVE

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN

BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG) FOR THE SAN

BERNARDINO METRO LINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04- 040
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor i t
and Common Council of the City of San Bernardino at a ;~ g~ lar meeting thereof, held on the
19thdayof September, 2005, by the following vote, to wit:

Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA -. L.-.

LONGVILLE X

MCGINNIS X

DERRY X

KELLEY X
JOHNSON - 1L-

MCCAMMACK X
h~
City Clerk
The foregoing resolution is hereby approved this Ji i-- day of September ,
2005.

Approved as to
Form and legal content:

Esther Estrada, Mayor Pro Tern
City of San Bernardino
James F. Penman, City Attorney
J~ ~'
b

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2005- 317 ORIGlNAL
Exhibit
II
II'
i, ... Il J,
Il
AMENDMENT NUMBER 3
TO COOPERATIVE AGREEMENT 04- 040
lE l) 2 "
1\ [,/;, l\
II'~ > l~ 1Al
THIS AMENDMENT NUMBER 3 to Agreement 04- 040 is hereby made and entered into and effective this 5th day of October, 2005, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ( hereinafter referred to as SANBAG") and the CITY OF SAN BERNARDINO ( hereinafter referred to as CITY"), with regard to the Commuter Rail Station and San Bernardino Santa Fe Depot located in the CITY.

WHEREAS, SANBAG and CITY previously entered into Agreement 04- 040 on December 3, 2003, specifying the roles and responsibilities for the provision of maintenance and security at the Commuter Rail Station and the rehabilitation of the Depot; and
WHEREAS, in March 2004, SANBAG and the CITY approved Amendment Number I to Agreement 04- 040 amending Exhibit " G" to reflect an increase in the SANBAGcontribution for the rehabilitation of the depot; and WHEREAS, in September2004, SANBAG and the CITY approved Amendment Number 2 to Agreement 04- 040 changing the address for SANBAG and revising the timing in which SANBAG and CITY pay for Common Area Expenses and Non- Leased Space Expenses; and
WHEREAS, both SANBAG and CITY recognize the shortage of available parking at the Commuter Rail Station; and
WHEREAS, on October 5, 2005, the SANBAG Board consolidated federal funding previously approved for Metrolink station parking expansion projects in the cities of Rialto and San Bernardino and approved $6, 200, 000 ( Congestion Mitigation Air Quality funds in the amount of $ 5, 488, 860 and Local Transportation Funds in the amount of $ 711, 140) for the construction of a Multi- Level Parking Structure to increase the number of parking spaces for the San Bernardino Commuter Rail Station; and.

WHEREAS, in adopting the Fiscal Year 2005/ 2006 Budget, the SANBAG Board approved the expenditure of $ 200, 000 for the construction of a temporary expansion of the San Bernardino Commuter Rail Station parking ( Temporary Parking Lot) on land owned by SANBAG located west of the Mount Vernon Street Bridge; and WHEREAS, SANBAG and CITY desire to further amend the agreement in order to define the roles and responsibilities of the Parties in relation to the provision of additional parking at the Commuter Rail Station.

NOW, THEREFORE, it is agreedthat Agreement 04- 040 is amended by adding Sections 6. 05 to 6. 11, inclusive, as set forth below:

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2005- 317
VI

COMMUTER RAIL STATION

6. 05 Temporary Parking Lot Plans, Specifications, Environmental Clearance and Construction. SANBAG shall be the lead agency for the development of plans, specifications, and estimates ( PS& E), environmental clearance and construction for the Temporary Parking Lot as identified in Exhibit " A", attached and incorporated herein to this Amendment. SANBAG shall be responsible for expenses incurred for the Temporary Parking Lot PS& E, environmental clearance and construction. SANBAG shall coordinate this project with CITY. CITY, in consideration of Section 6. 08 of this Amendment, shall waive any fees required for Temporary Parking Lot plan review and approval, construction permits and inspection.

6. 06 Provision of Security and Maintenance for Temporary Parking Lot. Upon completion of construction the CITY shall be responsible for the provision of security and maintenance, including maintenance of the catch basin storm water filter, of the Temporary Parking Lot. SANBAG hereby grants a license to CITY for the purpose of allowing CITY to extend its responsibilities for the provision of security and maintenance as identified in Sections 6. 03 and 6. 04 for the existing Commuter Rail Station to the Temporary Parking Lot.

6. 07 Termination of Temporary Parking Lot Use. Unless otherwise mutually agreedto by both SAN BAG and CITY, the use of the Temporary Parking Lot and the license for the provision of security and maintenance granted to CITY by SANBAG shall terminate upon the completion of the construction of the Multi- Level Parking Structure.

6. 08 Subsequent use of Temporary Parking Lot by CITY. Upon the completion of the construction of the Multi- Level Parking Structure and the termination of the use of the Temporary Parking Lot, SANBAG shall grant CITY a no- cost license to use the Temporary Parking Lot space for a staging area for the construction of the Mount Vernon Bridge replacementproject.

6. 09 Permanent Multi- Level Parking Structure Plans, Specifications. Environmental Clearance and Construction. CITY shall be the lead agency for the development of plans, specifications, and estimates ( PS& E), environmental clearance and construction for a Permanent Multi- Level Parking Structure located on property jointly owned by SANBAG and CITY as identified as Area " c" in Exhibit " A" of Agreement 04- 040 and any additional property made available for this project by CITY as part of the Santa Fe Depot District Area Development Plan; i. e., the property west of the proposed extension of Giovanola Avenue between 2ndand 3rd Streets. CITY shall coordinate this project with SANBAG. CITY shall be responsible for awarding a construction contract for the project and performing project construction management.

6. 10 Permanent Multi- Level Parking Structure Funding. Funding for the Permanent Multi- Level Parking Structure in the amount of $ 6, 200, 000 has been identified as being available. CITY shall be responsible for any and all actions required for the obligation A040403. mab. doc
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2005- 317
and receipt of the $ 5, 488, 860 in CMAQ funds approved for this project. SANBAG shall provide CITY with the $ 711, 140 as the local match for the CMAQ funding. Upon the execution of this Amendment SANBAG shall provide CITY with $ 103, 230 as the local match for CMAQ funds approved for PS& E and environmental clearance work. CITY shall provide a copy of authorization to proceed with construction with the remaining balance of CMAQ funds to SANBAG. Within thirty ( 30) days of receipt of such authorization, SANBAG shall provide CITY with the remaining CMAQ local match of 607, 910. CITY shall copy SANBAG on all requests for reimbursements for CMAQ funds. Upon project close- out, CITY shall provide an accounting of the funds used with any remaining local match funds advanced to CITY by SANBAG clearly identified.

Within thirty ( 30) days of project close- out, CITY shall return to SANBAG any unspent local match funds.

6. 11 Provision of Security and Maintenance of Permanent Multi- Level Parking Structu1re. The CITY shall be responsible for the provision of security and maintenance of the Permanent Multi- Level Parking Structure as specified in Sections 6. 03 and 6. 04.

All other terms and conditions contained in SANBAG Contract 04- 040 as previously amended by Amendment Number 1 and Amendment Number 2 shall remain in full force and effect.

IN WITNESS THEREOF, the authorized parties have signed below;

SAN BERNARDINO

ASSOCIATED GOVERNMENTS
Date: If) -/ 2.. / OS
CITY OF SAN BE~ D~ N~_
Esther Estrada, Mayor Pro Tem
Date: 9" )-/ IO(
Approved as to form and legal content:

James F. Penman
City Attorney
By:

A040403- mab. doc
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2005- 317 EK/1Jbi+ 112. /
1 San Bernardino Associated Governments
1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410- 1715 Phone: ( 909) 884- 8276 Fax: ( 909) 885- 4407 Web: www, sonbog,co, gov

TRANSPORTATION
UEA8UAEI
Governments

SAN BAG
Working Together
San Bernardino County Transportation Commission _ San Bernardino County Transportation Authority San Bernardino County Congestion Management Agency _ Service Authority lor Freeway Emergencies September1, 2004
Mayor Judith Valles
City of San Bernardino
300 North " D" Street
San Bernardino, CA 92418- 0001
Re: Amendment No. 2 to SANBAG Cooperative Agreement 04- 040 Dear Mayor Valles:

On December 3, 2003, the SANBAG Board approved a cooperative agreement ( SANBAG Contract 04- 040) with the City of San Bernardino, outlining the roles and responsibilities with respect to the provision of security and maintenance at the San Bernardino Metrolink station, the renovation of the historic Santa Fe depot and SANBAG' s occupancy in the depot, and property management of the depot building.

The purpose of this letter is to amend two sections that agreement. First, as SANBAG is now an occupant in the depot building and pursuant to Section 12. 01 Notices to Parties, this letter provides the new address for SANBAG. Any communications or notices to should be addressed to:

Executive Director
San Bernardino Associated Governments
1170 W. 3rd Street, 2ndFloor
San Bernardino, CA 92410- 1715
Secondly, Sections 8. 04 Common Area Expenses and Section 8. 05 Non- Leased Space Expenses by deleting the reference of SANBAG paying for all costs and being reimbursed quarterly in arrears for the City' s share, it being mutually agreed that both parties will contribute funds to the depot building operating fund maintained by the property management firm. The City' s financial contribution shall be made to the following address:

JY040901- m. b. doc .

Indirect
Cities of: Adelanto. Barstow, Big Bear Lake, Chino, China Hills, Colton, Fontana, Grand Terrace, Hesperia, Highiand, Loma Linda, MontclOlr, Needles', Ontario, Rancho Cucamonga. Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa Towns of: Apple Valley. Yucca Valley County of San Bernardino

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2005- 317
Amendment No. 2 to SANBAG Cooperative Agreement 04- 040 September 1, 2004

Page 2 ends

San Bernardino Associated Governments
c/ o CityCom Real Estate Services, Inc.

P. O. Box 548
Rancho Cucamonga, CA 91729
Please concur to the above revisions by signing this letter in the appropriate space.

Should you have any questions or concerns, pleasecontact Michael Bair, Director of Transit and Rail Programs at ( 909) 884- 8276.

Sincerely,
Supervisor Paul Biane
President
MV04090 I- mag. doc
Indirect

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7 RESOLUTION NO. 2003- 339
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITYOF SAN BERNARDINO AUTHORIZING THE EXECUTION OF COOPERATIVEAGREEMENT 04- 040 BETWEEN SAN BERNARDINO ASSOCIATEDGOVERNMENTS ( SANBAG) AND THE CITY OF SAN BERNARDINOCONCERNING THE METRO LINK COMMUTER RAIL STATION AND THE SANTAFE DEPOT.

BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THECITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, Cooperative Agreement 04- 040 between SAN BERNARDINO ASSOCIATED GOVERNMENTS ( SANBAG) and the City of San Bernardino, a copy of which is attached hereto marked Exhibit " A" and incorporatedherein by reference as fully as though set forth at length.
14 SECTION 2. The authorization to execute the above- referenced agreement is 15 16
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21 22
23 24
25 26
27 28
rescinded if the parties to the agreement fail to execute it within sixty ( 60) days of the passage of this resolution.

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2003- 339

RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY

OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF COOPERATIVE AGREEl\-IENT 04- 040 BETWEEN SAN BER1"'JARDINO ASSOCIATED

GOVERNMENTS ( SANBAG) AND THE CITY OF SAN BERNARDINO

CONCERNING THE METRO LINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor j t.
and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the day of December , 2003, by the following vote, to wit:

Council Members: AYES

ESTRADA X

LONGVILLE X

MCGINNIS X

DERRY X
SUAREZ
X

ANDERSON X

MCCAMMACK X

NAYS ABSTAIN ABSENT
t 'J- \ .'-t..- \.... LC
CitY-Clerk
i / 1.' J
j . L.. G..... L.' c..

The foregoing resolution is hereby approved this ,~ y ,: I day of December, 2003.

Approved as to
Form and legal content:

By:

James F. P nman, City Attorney

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SAN BAG COOPERATIVE AGREEMENT 04- 040
THIS AGREEMENT ( hereinafter the " Agreement") is hereby made, entered into and effective on the 3rd day of December, 2003, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ( hereinafter referred to as SANBAG"), and the CITY OF SAN BERNARDINO ( hereinafter referred to as CITY"), with regard to the Commuter Rail Station and the Depot located in the CITY.

WHEREAS, SAN BAG and the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ( the " Agency") previously entered into a Cooperative Agreement, SAN BAG Contract No. 93- 066, dated April 26, 1993 Cooperative Agreement No. 93- 066"), with regard to the design, construction, maintenance and security of the Commuter Rail Station and the Depot; and, WHEREAS, on February 15, 1999, the Agency, SAN BAG and the CITY entered into a First Amendment to Cooperative Agreement 93- 066, adding the CITY as a party and specifying and clarifying certain responsibilities and obligations of the Agency, SAN BAG and the CITY under Cooperative Agreement No. 93- 066; and, WHEREAS, all obligations of the parties under Cooperative Agreement No. 93- 066 have either been performed to the satisfaction of the parties or will be performed pursuant to this new cooperative agreement between the CITY and SANBAG; and,
WHEREAS, the Agency, SAN BAG and the CITY terminated Cooperative Agreement No. 93- 066 effective December 3, 2003; and,
WHEREAS, SAN BAG and CITY desire to enter into this Agreement, also effective December 3, 2003, to continue to perform certain obligations with regard to the Commuter Rail Station and the Depot.

NOW, THEREFORE, CITY and SAN BAG have agreed and by these presents do hereby agree to associate themselves on the following terms and conditions.

DEFINITIONS

1. 01 Definitions. As used in this Agreement, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense include the future tense, words used in the singular shall include the plural, and plural words shall include the singular. Words not specifically defined shall be given their common and ordinary meaning.
a. " Operating Property" shall refer to that real property essential A04- 040- mab. doc
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to railroad operations and including, but not necessarily limited to the railroad trackage right-of- way. The Operating Property is shown as AREA " B" on Exhibit " A", Property.
b. " Non- Operating Property" shall refer to such real property, excluding future retail development and excluding Operating Property, on which the Commuter Rail Station is situated, and including parking lots and such other land as may be adjacent to the Commuter Rail Station and used for its functions. Non- Operating Property shall also include the Standard Platform. The Non- Operating Property is shown as AREA " A" and AREA " C" on Exhibit " A", Property. c. " Standard Platform" shall refer to that certain type of rail passenger platform, the size, dimensions, and materials of which are set forth in more particular detail in Exhibit " B", Standard Platform. d. " Station Site" shall refer to the real property purchased from the Santa Fe Railroad and/ or other persons upon which the subject Commuter Rail Station was built as more particularly set forth as described in Exhibit " A", Property. e. " Commuter Rail Station" shall refer to the commuter rail passenger terminal and all Operating Property and Non- Operating Property associated therewith.
f. " SCRRA" shall refer to the Southern California Regional Rail Authority.
g. " Depot" shall refer to the Santa Fe Railroad Depot Building.

The Depot and its adjacent land are shown as AREA " 0" on Exhibit " A", Property.

II.

PURPOSE OF COOPERATIVE AGREEMENT

2. 01 Maintenance and Security of Commuter Rail Station. The purpose of this Agreement shall be to provide for the maintenance and security of the Commuter Rail Station on the Station Site.

2. 02 Rehabilitation and Use of the Depot. The purpose of this Agreement shall also be to provide for the rehabilitation, use, maintenance and security of the Depot.

III.

OWNERSHIP OF PROPERTY

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Non- Operating Property and the Depot is or shall be held as follows:
a. SAN BAG and CITY shall hold title as tenants in common to allNon- Operating Property (excluding the Standard Platform) and the Depot and its adjacent land shown as AREA " 0" on Exhibit " A", Property. b. SAN BAG shall hold title to the Operating Property.

IV.

TERM OF AGREEMENT

4. 01 Term. The term of this Agreement shall commence on December 3, 2003 and shall continue thereafter until terminated as provided for in Section XIV, TERMINATION OF AGREEMENT. The parties agree to review the continuing needfor this Agreement every five ( 5) years and to enter good faith negotiations on issuesof concern to either party during that review.

PROJECTS

5. 01 Proiect Description. As set forth in Section II, PURPOSE OF COOPERATIVE AGREEMENT, the parties contemplate two ongoing work projects to be covered by this Agreement:
a. Commuter Rail Station. The ongoing use, maintenance and operation of the Commuter Rail Station. This project will be as set forth herein andin general accordance with the Commuter Rail Station Master Plan approved by the parties for the ultimate development of the various parts for the property as set forthin Exhibit " C", Commuter Rail Station Master Plan. In this regard, SAN BAG reserves the right to expand the Commuter Rail Station to include additional railroad tracksand additional Standard Platforms. as necessary. b. Depot. The rehabilitation and ongoing use, maintenance and operation of the Depot. This project will be as set forth herein and in generalaccordance with the Depot Master Plan approved by the parties for the ultimate development and use of the Depot property as set forth in Exhibit " 0", AdaptiveReuse Plan. c. The parties understand and acknowledge that Exhibit " C", Commuter Rail Station Master Plan, does not exist at the time of approval of this Agreement. The parties agree to cooperate in good faith to jointly prepare the exhibit and add it to this Agreement as soon as practicable.

I'.

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VI.

COMMUTER RAIL STATION

6. 01 Reservation of Commuter Rail Parkinq. CITY shall perform appropriate planning, zoning, and permit activities to ensure that parking at the Commuter Rail Station is reserved exclusively for rail commuters during operating hours.

6. 02 Parkinq Fees. The CITY may, subject to the approval of SANBAG, initially set and charge parking fees to: 1) Defray the costs of obtaining necessary permits and approvals; 2) Maintain the Commuter Rail Station and parking lot; and 3) Provide security to commuter rail patrons during operating hours. All such fees collected by the CITY shall remain the sole property of the CITY subject only to the limitations set forth above.

6. 03 Maintenance of Station. CITY shall maintain the Commuter Rail Station and parking lot and shall pay for all utility services required to operate and maintain the Commuter Rail Station ( excluding the Operating Property) and parking lot, excluding any costs for devices or expenses to ticket vending machines or other items necessary for maintaining the Metrolink operations. The CITY shall maintain the Commuter Rail Station as set forth in Exhibit " E", Commuter Rail Station Maintenance. The CITY shall arrange for and fund the maintenance for the Commuter Rail Station.

6. 04 Station Security. CITY shall arrange for and fund the provISion of security for the Commuter Rail Station and parking lot to ensure customer and vehicle safety during commuter periods. Security shall be provided 15 minutes before the first scheduled train and end 30 minutes after the last scheduled train.

Station security shall exclude any security for trains, whether while in operation, parked at or in the vicinity of the Commuter Rail Station during non- operating hours.

VII.

DEPOT REHABILITATION

7. 01 Rehabilitation of the Depot. The CITY shall assume the lead responsibility in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan and for the actual construction rehabilitation contracting of the Depot. CITY shall provide or cause to be provided adequate insurance to cover all aspects of the rehabilitation process. CITY has coordinated with SAN BAG to include SAN BAG' s office space plans as part of the Depot renovation project. ( See Exhibit " F", SANBAG Depot Office Space Plans.) Any additional tenant improvements requested by SAN BAG will be at SANBAG' s expense. The detailed construction rehabilitation plans will be coordinated with SANBAG' s Representative prior to the CITY awarding any construction contracts for the rehabilitation of the Depot. Any future improvements to the Depot desired by A04- 040- mab. doc
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either party must preserve the historic fabric of the Depot and must be approved by both the CITY and SAN BAG.

7. 02 Fundinq of the Depot Rehabilitation Except as provided herein, the CITY shall be solely responsible for all administrative costs and rehabilitation construction expenses incurred by the CITY in the rehabilitation of the Depot. a) The CITY shall be responsible for obtaining all grant amounts shown on Exhibit " G", Funding for San Bernardino Depot Rehabilitation Project, and the CITY shall provide its share of the local match for federal grants as identified in the same exhibit.
b) SAN BAG shall provide its share of local match as shown on Exhibit " G", Funding for San Bernardino Depot Rehabilitation Project. c) The CITY shall undertake all good faith efforts to obtain additional state or other grant funds for the Depot Rehabilitation. Any grant funds received will be used to reduce the amount of matching funds equally from the CITY and SANBAG. d) Rehabilitation of the East Parking Lot, shown as " East Parking Lot" on Exhibit " H", Depot Parking Layout Plan, shall be part of the Depot Rehabilitation completed by the CITY with funding included in the amounts set forth in subparagraphs ( a) and ( b), above.
e) Notwithstanding the above, if CITY, after good faith efforts, is not able to obtain funding for the entire Depot rehabilitation project, CITY, after coordination with SAN BAG on which portion of the Depot rehabilitation to complete, shall be required to complete only so much of the agreed upon Depot rehabilitation for which funds are available. SAN BAG will use good faith efforts to assist CITY in obtaining additional funds for the Depot rehabilitation.
7 . 03 Monthlv Report on Depot Rehabilitation. Commencing with the month of May 2002, SAN BAG' s Representative may attend and fully participate in the CITY' s monthly Santa Fe Depot Team meeting. CITY shall coordinate closely with SAN BAG' s Representative concerning the process and timing of the expected certification for occupancy of SAN BAG' s office space, and shall promptly notify SAN BAG' s Representative when SAN BAG' s office space has been certified for occupancy.

7. 04 Use of the Depot After Rehabilitation. After the rehabilitation of the Depot by the CITY is completed and SANBAG' s office space has been certified for occupancy, the parties agree to use the Depot as set forth in Section VIII, DEPOT USE. The use of the land in AREA " 0" outside of the Depot, to the extent its use is not immediately required for an agreed upon. use of the Depot itself, shall be jointly determined by SAN BAG and CITY.

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VIII.

DEPOT USE

8. 01 SAN BAG' s Office Space in Depot. Upon completion of the Depot rehabilitation and after SAN BAG' s office space has been certified for occupancy, the parties agree that SAN BAG shall have the exclusive right to occupy the approximately 22, 235 sq. ft. of second floor space (" SANBAG' s Space") shown as SAN BAG' s Space on Exhibit " F", SAN BAG Depot Office Space Plans, along with the exclusive right to use the elevators and stairways providing access to the second floor. For any change in SANBAG' s Space use SAN BAG shall give 90- day notice to CITY and the Property Management Firm ( as defined in Section 8. 10 Property ManaQement Firm), and confer with the CITY on the change. SAN BAG will not assign, sublet or allow the use of any part or all of SAN BAG' s Space by any person or entity not providing direct support to SAN BAG or related to SAN BAG without CITY' s prior approval.

8. 02 Banquet/ Board MeetinQ Room. SAN BAG shall have the exclusive and no cost use of the first floor 5, 329 sq. ft. banquet space once per month on the first Wednesday of the month from 8: 00 AM to 12: 30 PM for SAN BAG Board meetings.

Commencing upon SAN BAG' s occupancy of SAN BAG' s Space, SAN BAG shall provide the Property Management Firm with a schedule for future SAN BAG Board meetings every six months. Other periodic no cost use of the banquet space by SAN BAG and CITY may be requested and scheduled up to six months in advance by the Property Management Firm. The Property Management Firm shall make this space available for community meetings, banquet functions and other events at set rates ( that may not be waived) to be approved by the parties' Representatives.

8. 03 Utilities. Commencing upon SAN BAG occupying SANBAG' s Space, SAN BAG shall pay for all utility expenses for the Depot. The parties agree that the electrical, water. sewer and gas utilities for SAN BAG' s Space shall be separately metered as part of the rehabilitation of the Depot, and that SANBAG, commencing upon SANBAG occupying SAN BAG' s Space, shall pay all service charges and related taxes for its use of those separately metered utilities. SANBAG shall pay for its own telephone service. SAN BAG shall pay its pro- rata share of trash removal costs at the Depot and its pro- rata share of any other utilities' costs at the Depot that are not separately metered.

8. 04 Common Area Expenses. Common Area Expenses shall be apportioned to leaseable space on a per square footage basis. Commencing upon SANBAG occupying SAN BAG' s Space. SAN BAG shall pay for all Common Area Expenses for. the Depot and CITY shall reimburse SAN BAG quarterly in arrears for CITY' s share of the Common Area Expenses for the Depot. The CITY' s share shall A04- 040- mab. doc
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be 50% of the net Common Area Expenses. Net Common Area Expenses are those expenses apportioned to Non- Leased Space. The parties Representatives shall agree upon what items shall constitute the Common Area Expenses for the Depot, but such expenses shall include, but not limited to, real property insurance for the Depot, the costs for maintenance of the east parking lot, the costs for signage, security, and the costs for perimeter landscaping and lighting. The parties agree that for the first six months of SAN BAG' s occupancy CITY' s 50% of net Common Area Expenses for the Depot shall be considered to be $ 0. 34 per square foot of Common Area. The parties agree the Common Area of the Depot is 146,462 square feet 12, 836 square feet interior and 133, 626 square feet exterior), and is shown as Common Area" on Exhibit " I", Depot Layout Plan. At the end of the first six months of SANBAG' s occupancy and semi- annually thereafter, the reimbursement rate for Common Area Expenses shall be adjusted by the parties' Representatives based upon the actual costs of the Common Area Expenses for the prior six months. The Property Management Firm described in section 8. 10, Property ManaQement Firm, shall be responsible for tracking the actual costs of the Common Area Expenses for the Depot.

8. 05 Non- Leased Space Expenses. SAN BAG shall pay for all Non- Leased Space Expenses for the Depot, it being the intent and understanding of the parties that the tenants of Lease Space that is actually being leased will pay for its own expenses. For the purposes of this Agreement, " Non- Lease Space" is all of that space of the Depot that is shown as " Lease Space" on Exhibit " I". Depot Layout Plan, but which is not actually being leased. Commencing upon SAN BAG occupying SAN BAG' s Space, CITY shall reimburse SAN BAG quarterly in arrears for CITY' s fifty percent ( 50%) share of the Non- Leased Space Expenses for the Depot. The parties' Representatives shall agree upon what portion of the Lease Space is Non- Lease Space and upon which items shall constitute the Non- Leased Space Expenses for the Depot, including but not limited to Common Area Expenses. The parties agree that for the first six months of SANBAG' s occupancy CITY' s fifty percent ( 50%) of the Non- Leased Space Expenses for the Depot shall be considered to be $ 0. 17 per square foot of Non- Leased Space. The parties agree the Lease Space is 36, 515 square feet, and is shown as " Lease Space" on Exhibit " I", Depot Layout Plan. At the end of the first six months of SANBAG' s occupancy and semi- annually thereafter, the reimbursement rate for Non- Leased Space Expenses shall be adjusted by the parties' Representatives based upon the actual costs of the Non- Leased Space Expenses for the prior six months. The Property Management Firm described in section 8. 10, Property Manaqement Firm, shall be responsible for tracking the actual costs of the Non- Leased Space Expenses for the Depot.

8. 06 Insurance. SANBAG shall provide its own insurance to cover SAN BAG' s personal property at the Depot. CITY shall provide its own insurance to cover CITY' s personal property at the Depot. SAN BAG shall provide real property insurance to cover the Depot. This cost shall be included as part of Common Area Expenses. .

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8. 07 Parkinq. SAN BAG shall have exclusive use of the East Parking Lot, shown as " East Parking Lot" on Exhibit " H", Depot Parking Layout Plan, during normal SAN BAG business hours until such time that this parking is needed for a proposed Depot restaurant tenant in which case the CITY, after consultation with and approval by SANBAG, will provide alternative parking for SAN BAG' s use.

8. 08 Siqnaqe. CITY, in consultation with SANBAG, shall provide adequate signage located at the Depot. SAN BAG shall be entitled to use at least its pro- rata share of anysignage that may be provided for the Depot. CITY will work with SAN BAG on the amount of signage located on the property to be used by SAN BAG.

8. 09 Other Tenants in the Depot. The Property Management Firm described in section 8. 10, Property Manaqement Firm, shall be responsible for the administration of all leases at the Depot. Such administration shall include the screening and tentative selection of tenants, collection, deposit and disbursement of rents, charges, fees and deposits of any other amounts receivable. The Property Management Firm shall provide SAN BAG and CITY with justification for each proposed action and obtain the approval of SAN BAG' s and CITY' s Representatives prior to taking such action. SAN BAG' s and CITY' s Representatives shall use good faith efforts to agree on a decision within ten ( 10) working days, but failure to do so will not be deemed approval of the proposed action. Notwithstanding the preceding, SANBAG, after consultation with the CITY, has the exclusive right to enter into, amend or terminate all leases at the Depot, institute actions for evictions and execute notices to vacate and to take judicial proceedings, but the Property Management Firm shall make recommendations on all such actions to SANBAG. Any lease ( including banquet room fees) revenue will first be applied to costs associated with the lease, then to costs of the Property Management Firm, maintenance of common areas and non- leased space and Depot property insurance costs, with any remaining balance shared equally by the CITY and SANBAG.

8. 10 Property Manaqement Firm. CITY and SAN BAG agree that SANBAG shall hire a private property management firm or person (" Property Management Firm") to serve as property manager and oversee the Depot' s building maintenance including all adjacent parking and banquet space and leasing of available building space and the future retail development. SAN BAG shall conduct a request for proposals (" RFP") process to locate suitable candidates for the Property Management Firm position. SAN BAG shall coordinate the RFP process with CITY' s Representative and receive CITY' s Representative' s approval of the entire RFP process, including membership on any evaluation committee, review and approval of the selection of and contract for the Property Management Firm. SAN BAG and CITY shall equally share the compensation (including any reimbursable expenses) for the Property Management Firm.

8. 11 Pro- Rata Share. The parties agree that for the purposes of this Agreement, SANBAG' s " pro- rata share" shall mean sixty- four percent ( 64%) of the A04, 040- mab. doc
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cost or the amount of the item in question.

8. 12 Future Retail Development. The parties may agree upon an area to be considered for future retail development. SAN BAG shall be responsible for managing the retail development with the assistance of the Property Management Firm. All income from such retail development shall be split fifty- fifty ( 50/ 50) between SAN BAG and the CITY, after deduction for the reasonable expenses of managing the retail development.

FISCAL YEAR

9. 01 Fiscal Year. The fiscal year of this Agreement shall begin on the first day of July each year.

ACCOUNTING

10. 01 Accountinq. Each party shall render to the other party a complete accounting of the affairs undertaken or conducted by such party pursuant to this Agreement, as of the close of business on the last day of June each year. Such accountings shall be rendered to each party to this Agreement within thirty ( 30) days after the close of each such year. Each party shall make its accounting books and records available to the other party at any time during the term of this Agreement upon reasonable prior written notice. Except as to manifest errors brought to the attention of the other parties to this Agreement within thirty ( 30) days after it is rendered, each such accounting shall be final and conclusive as to each party to this Agreement.

XI.

DISTRIBUTION OF PROPERTY

11. 01 Distribution of Property to SANBAG. Upon any termination of this Agreement, all property owned by SAN BAG and CITY as tenants in common shall be promptly transferred to SANBAG free and clear.
a. If the termination of this Agreement is by SAN BAG pursuant to Subsection " bOOof Section XIV, Termination of Aqreement, or because of a default by SAN BAG pursuant to Subsection " c" of Section XIV, Termination of Aqreement, SANBAG shall pay CITY an amount equal to the CITY' s monetary contributions with respect to all Phase I, Phase II and Depot rehabilitation costs and expenses paid by the CITY under the prior Cooperative Agreement, SAN BAG Contract No. 93- 066, AOi- 040- mab. doc
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dated April 26, 1993, and this Agreement. The costs and expenses of the CITY hereunder shall include all capital items, major repairs and replacements, reconstruction remodeling ( excluding specifically any item contained within the Level of Maintenance and the Level of Security), payment of CITY fees, permits and processing charges, costs of construction and land acquisition costs. All such costs and expenditures shall bear interest at the rate of interest equal to the rate of earnings by the San Bernardino County Investment Pool per annum from the date paid by the CITY until paid by SAN BAG pursuant to this Section. b. If the termination of this Agreement is for any other reason, SAN BAG shall not be required to pay CITY any amounts for the CITY' s monetary contributions with respect to all Phase I, Phase II and Depot rehabilitation costs and expenses paid by the CITY under the prior Cooperative Agreement, SAN BAG Contract No. 93- 066, dated April 26, 1993, or this Agreement.

11. 02 Income From Property. Any net income derived from the Non- Operating Property shall be applied toward CITY' s costs for security and maintenance under this Agreement to the extent such costs are incurred.

XII.

NOTICES

12. 01 Notices to Parties. Any and all notices or communications required or permitted by this Agreement or by law to be delivered to, served on, or given to either party to this Agreement by the other party to this Agreement shall be in writing and shall be deemed properly delivered, served, or given to the party so directed, to or in lieu of each such personal service, when deposited in the United States mail, first- class postage prepaid, and addressed to:

Executive Director
San Bernardino Associated Governments
472 North Arrowhead Avenue
San Bernardino, CA 92401
City Administrator
The City of San Bernardino
300 North " D" Street
San Bernardino, CA 92418- 0001
Either party may change its mailing address for the purposes of this paragraph by giving written notice of such change to the other party.

XIII.

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MISCELLANEOUS

13. 01 Consents and Aqreements. Any and all consents and agreements provided for or permitted by this Agreement shall be in writing, and a signed copythereof shall be filed and maintained by each party in their official records together with this Agreement. Whenever consent or approval of either party is required that party shall not unreasonably withhold or delay such consent or approval.

13. 02 Sole and Only Aqreement. This Agreement contains the sole and only agreement of the parties and correctly sets forth the rights, duties, and obligations of each party to the other as of December 3, 2003. Any prior agreements, policies, negotiations, and/ or representations are expressly set forth in this Agreement.

13. 03 Amendments. This Agreement may be amended or modified in any manner by an instrument in writing, stating the amendment or modification, signed by the parties hereto.

13. 04 Severabilitv. In case anyone or more provIsions contained in this Agreement shall for any reason be held invalid or illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof; and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

13. 05 Headinqs and Subtitles. Headings and subtitles of this instrument have been used for convenience only and do not constitute matter to be considered as interpreting this Agreement.

13. 06 Attorney' s Fees. In the event of any dispute hereunder or any proceedings to enforce the provisions hereof, the prevailing party in such dispute or proceeding shall be entitled to recover, among other things, all costs, reasonable attorney' s fees and reasonable disbursements, regardless of whether such dispute or proceedings are handled by attorneys or employees of such party or outside counsel.

Prevailing party in any dispute or proceeding" shall be the party who obtains substantially all the relief sought by such action or proceedings, regardless of whether final court judgment is entered.

13. 07 Indemnitv. The parties hereto each agree to defend, indemnify, and hold harmless the other party, and its authorized agents, officers, elected officials, volunteers and employees against any and all claims arising from the party' s acts, errors, or omissions and from any and all expenses ( including reasonable attorneys' fees) incurred by the other party on account of any claim therefore. The costs, salary and expenses of the CITY Attorney and members of his office in enforcing this Agreement, as amended, on behalf of the CITY . shall be considered as " attorneys" fees for the purposes of this paragraph. The cost, salary and expenses of the County A04- 040- mab. doc
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Counsel and members of his office in enforcing this Agreement, as amended, on behalf of SAN BAG shall be considered as " attorneys' fees" for the purposes of this paragraph. Each party shall obtain and maintain during the time this Agreement, as amended, is in effect adequate insurance or self- insurance to cover its liability,defense and indemnification obligations in order to protect itself and the other parties.

13. 08 Law of the Jurisdiction and Venue. In the event of any litigation arising out of the terms of this Agreement, the law of the State of California shall apply, and the venue of any such action shall be the Superior Court of the State of California for the County of San Bernardino, Central District.

13. 09 Exhibits. All exhibits referred to are attached to this Agreement and incorporated by reference.

13. 10 Representatives. Each party shall appoint and give the other party notice of its Representative for purposes of this Agreement. Except for specifically delegated authority, the Representatives shall have no authority to amend this Agreement or otherwise bind their respective party in any manner.

13. 11 JUry Trial Waiver. CITY and SANBAG hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of action.. claim, counterclaim or cross- complaint in any action, proceeding and/ or hearing brought by either CITY against SAN BAG or SAN BAG against CITY on any matter whatsoever arising out of, or in any way connected with, this Agreement, the relationship of CITY and SAN BAG, either parties use or occupancy of the Depot, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.

XIV.

TERMINATION OF AGREEMENT

14. 01 Termination. This Agreement may be terminated as follows:
a. Mutual agreement of the parties;
b. Either party may terminate this Agreement without cause by giving not less than one ( 1) year' s notice of termination; c. Either party may terminate this Agreement with cause due to any default or breach of this Agreement by the other party hereto which has not been cured within thirty ( 30) days after notice of such default to the other party, or such later time as is reasonably necessary if the default cannot be reasonable cured within such thirty (30) day period.
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XV.

ACCEPTANCE

15. 01 Acceptance of Aqreement. The parties hereto have approved this Agreement by official actions of their respective governing bodies, accept and agree and agree to the terms set forth therein as of the date set forth above.

Dtd ,)..,~a e : /"" -_?' -{ i. 5 SAN BE~~ OO
B /. v _...__.

Name: Willia J. Alexander
Title: President
Dated: CITY OF SAN BERNARDINO
By
Name: Judith Valles
Title: Mayor
APPROVED AS TO FORM:

Rig~~ ounse,
JAMES PENMAN, CITY Attorney
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XV.

ACCEPTANCE

Dated: j).. 3 -(' ~. SAN BE
Title: President
Dated: CITY OF SAN BERNARDINO
By
Name: Judith Valles
Title: Mayor
APPROVED AS TO FORM:
pc:r
0;~
REX A.' HIN~ St: E~ I..

JAMES PENMAN, CITY Attorney
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XV.

ACCEPTANCE

Dated: SAN BERNARDINO ASSOCIATED GOVERNMENTS
By
Name: William J. Alexander
Title: President
Dated: /)- 3' 03 o
By
APPROVED AS TO FORM:

REX A. HINESLEY, SAN BAG Counsel
JA
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Exhibit " An
Property Description
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2003- 339
Exhibit " A"
Sheet 1 of 2

LEGAL DESCRIPTION
AREA " A"
Those portions of Lots 10. 11 and 12, Block 15. Rancho San Bernardino, in the City of San Bernardino. County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County described as follows:

Commencing at the intersection of the east line of MI. Vernon Avenue, 82. 50 feet wide and the North line of 3rd Street, 82. 50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest corner of said Parcel 1; thence along the north line of said 3rd Street, North 86042' 30" East, 13.47 feet to the TRUE POINT OF BEGINNING; thence leaving said north line North 2036' 26" West, 249. 00 feet; thence South 77005' 02" East, 60. 28 feet; thence South 72059' 17" East, 156. 88 feet; thence South 50015' 26" East, 23. 50 feet; thence South 89057' 46" East, 37. 55 feet; thence North 02029' 31" West, 5. 38 feet; thence North 89041 ' 33" East, 42. 00 feet; thence South 2029' 31" East, 5. 38 feet; thence South 89058' 17" East, 616. 93 feet; thence South 0027' 39" East, 121. 74 feet to the north line of 3rd Street as described in Parcel 1 of said Indenture; thence South 86042' 30" West, 914.48 feet along said north line to the TRUE POINT OF BEGINNING.

EXCEPT THEREFROM that portion described as Parcell of that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records.

Containing approximately 3. 3 acres.

See Sheet 2 for a plat depicting the above described property.

AE 97- 92
o ' JOB.~ O~. 1991\ 97. 1)92\ lEGAl PARKiNG lOT PARCElDOC DOC

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3311 EAST SHELBY STREET' ONTARIO. CA 91764
TEL. ( 909) 980- 1982 ' FAX: ( 9091 941- 0891
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604

2003- 339
Exhibit " A"
Sheet 1 of 2

LEGAL DESCRIPTION
AREA " C"
Those portions of Lots 1 0, and 11, Block 15, Rancho San Bernardino, in the City of San Bernardino,County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in theOffice of the County Recorder of said County described as follows:

Commencingat the intersection of the east line of Ml. Vernon Avenue, 82. 50 feet wide and the Northline of 3rd Street. ( vacated) 82. 50 feet wide as described in Parcel 1 of that certain Indenturebetween the Santa Fe Land Improvement Companyand the City of San Bernardino recordedNovember 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, saidintersection also being the Northwest corner of said Parcel 1 ; thence along the northerly line of said3rd Street, North 86042' 30" East, 13.47 feet to the POINT OF BEGINNING; thence North 86042' 30"East, 546. 00 feet continuing along said northerly line; thence leaving said northerly line South03017' 30" East, 41. 25 feet; to the beginningof a non- tangent curve concave southeasterlyandhaving a radius of 360. 00 feet, a radial line to the beginningof said curve bears North 36008' 06"West; thence southwesterly 97. 38 feet along the arc of said curve, through a central angle of15029' 53"; thence South 38022' 01" West, 173.49 feet to the beginning of a curve concavenorthwesterly and having a radius of 255. 00 feet; thence westerly 229. 61 feet along the arc of saidcurve, through a central angle of 51035' 27" to the beginningof a compound curve concavenortheasterlyand having a radius of 125. 50 feet; thence westerly and northerly 131.42 feet along thearc of said curve, through a central angle of 59059' 55" to the beginning of a compound curveconcave easterly and havinga radius of 288. 00 feet; thence northerly 100. 69 feet along the arc ofsaid curve through a central angle of 20001' 51"; thence North 10000' 46" West, 155.46 feet to thePOINT OF BEGINNING.

Containingapproximately 2. 85 acres.

See Sheet 2 for a plat depicting the above described property. 1 ,,"
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2003- 339
Exhibit " A"
Sheet 1 of 2

LEGAL DESCRIPTION
AREA " 0"
Lying within Lots 11. 12. 13. 14 and 15. Block 15. Rancho San Bernardino. in the City of San Bernardino. County of San Bernardino. State of California. as shown on a map recorded in Book 7,

Page 2 ends

Grant Deed to San Bernardino Associated Governments recorded December 15, 1992 as Instrument No. 92- 514402 of Official Records in the Office of the County Recorder of said County, described as follows:

BEGINNING at the southwest corner of Parcel 3 in that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records said comer also being on the northerly line of 3rd Street. 82. 50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622. Page 157 of Deeds in the Office of said County Recorder; thence South 86042' 30" West. 536. 99 feet along said northerly line; thence North 00027'39" West, 213. 24 feet; thence South 90000' 00" East, 511. 11 feet to a point on a line that is parallel with and 15. 00 feet south of the centerline of " Track P2", said point being the beginning of a non- tangent curve, concave southerly and having a radius of 1487. 85 feet, a radial line of said curve to said point bears North 2029' 46" West; thence Easterly 45. 95 feet along said curve through a central angle of 1" 46' 13"; thence North 89016' 27" East, 305. 78 feet to the southeasterly line of said Parcel 2; thence southwesterly and westerly along the southeasterly and southerly line of said Parcel2the following three courses; thence South 36002' 55" West, 174. 71 feet to the beginning of a non- tangent curve concave northwesterly, a radial line through said curve bears South 40017' 28" East: thence westerly 143. 12 feet along the arc of said curve through a central angle of 41. 00' 00"; thence North 89017' 28" West, 90. 37 feet to the POINT OF BEGINNING.

Containing approximately 3. 51 acres.
o \ JOB.~ J0I1997' S7. 0S2\ L~ gal Area 0 DOC

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Exhibit " E"
Commuter Rail Station Maintenance

ITEM FREQUENCY
Landscapellrrigation - I wice Monthly
Trash Pickup Twice per Week
Platform Washing Twice per Month
Graffiti Removal As Needed
Plumbing/ Electrical Annually or As Needed
Vandalism Repairs As Needed
A04- 040- mab. doc
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2003- 339
Exhibit " G"
San Bernardino Depot Grant Funding
Grant Type Grant SAN BAG City Total
Amount Match Match Amount
TEA 6/ 93 $ 1. 300. 000 $ 168. 926 $ 1 468 926
TEA 21 Demo. $ 2,462, 699 $ 243. 662 $ 412, 588 $ 3, 118. 949 FT A 5309 10/ 00 $ 2, 943286 $ 551 431 $ 184. 391 $ 3679. 108 TEA 11/ 99 $ 2, 832, 960 $ 367, 040 $ 3, 200. 000
FTA 530910/ 01 $ 594. 189 $ 74. 274 $ 74. 274 $ 742 737 TEA 09/ 02 $ 863, 289 $ 232, 345 $ 232, 345 $ 1, 327, 979 TEA 09/ 03 $ 661, 225 $ 44, 388 $ 44, 388 $ 750, 001
Additional Local Funding $ 55, 721 $ 645, 862 $ 701, 583 Total $ 11, 657, 648 $ 1, 370, 747 $ 1, 960, 888 $ 14, 989, 283 Match Committed 93- 066 $ 412588 $ -
Match Still Required $ 958, 159 $ 1, 960, 888
SAN BAG Match Includes: 456, 976 Valley TMEE
858, 050 Rail Asset Revenue
55, 721 BNSF
DepolF undingSpl~-mab. xls
11/2012003
8: 40 AM

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Exhibit" H"
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Depot Layout Plan
A04- 040- mab. doc
Indirect
22 Packet Pg.
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2003- 339
Depot Layout Plan
SANBAG Space: 22, 235 sq. ft. Second Floor

1.271 sq. ft. Stairs and Elevator
23, 506 sq. ft.

Metrolink 4, 546 sq. ft. First Floor
Amtrak 1,201 sq. ft. First Floor
Building Maintenace 440 sq. ft. First Floor
East Lounge ( office) 820 sq. ft. First Floor
East Future Tenant 5, 313 sq. ft. First Floor
East Annex 980 sq. ft. First Floor
East Annex 980 sq. ft. Second Floor
Total Leasable Space Excluding SANBAG Stairs and Elevator: 36, 515 sq. ft.

Common Area Interior: 3, 850 sq. ft. Main Lobby
5, 329 sq. ft. Banquet Room
1,633 sq. ft. Lobby Restrooms
2, 024 sq. ft. Misc. & Circulation
Common Area Exterior 133, 626 sq. ft.

Total Common Area: 146, 462 sq. ft.

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RESOLUTION NO. 2004- 70
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE

EXECUTION OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO

ASSOCIATED GOVERNMENTS ( SANBAG) FOR THE SAN BERNARDINO 5 METRO LINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04- 040.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COllNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 4 directed to execute on behalf of said City First Amendment to CooperativeAgreement with 10 9
11 San Bernardino Associated Governments ( SANBAG) for the San Bernardino Metrolink 12 Commuter Rail Station and the San Bernardino Santa Fe Depot Rehabilitation Project, Contract 13 No. 04- 040. A copy of said First Amendment to CooperativeAgreement is attached as Exhibit 14 A" , and is made a part hereof.
15 16
SECTION 2. The authorization to execute the above First Amendment to Cooperative 17 Agreement is rescinded if the parties to the agreement fail to execute it within sixty ( 60) days 18 of the passage of this resolution.
19 III
20 III
21 22
23 24
25 26
27 28

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7 RESOLUTION ..... . AUTHORIZING THE EXECUTION OF FIRST

AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN

BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS

SANBAG) FOR THE SAN BERNARDINO METRO LINK COMMUTER RAIL

ST A TION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04- 040.

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held on the 15thdayof March
8 2004. by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA x
11 12
13 LONGVILLE
x
MC GINN IS x
x
DERRY
14 15 KELLEY
16 JOHNSON
17 MC CAMMACK
18 19
20 21
22 x
x
x
l~
h{'~
City Clerk
The foregoing resolution is hereby approved this - 1 "'"7M _ day of March 2004.
23 24
J dith Valles, Mayor
ty of San Bernardino
25 Approved as to
26 form and legal content:
27 JAMES F. PENMAN,
City Attorney
28 A
By: ~ r-- t, f~~
o

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EXHIBIT " A"
First Amendment to Cooperative Ae: reement 04- 040
THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT No. 04- 040 is hereby made and entered into and effective on the 3rd day of March, 2004, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (" SANBAG") and the CITY OF SAN BERNARDINO (" the CITY").

WHEREAS, the CITY and SANBAG entered into a Cooperative Agreement, SANBAG Contract 04- 040, datcd December 3, 2003, with regard to the San Bernardino Metrolink Conunuter Rail Station and the San Bernardino Santa Fe Depot; and WHEREAS, Paragraph 7. 02 Funding for the Depot Rehabilitation recites financial responsibilities of the CITY and SANBAG and references the amounts in Exhibit " G" as being the local financial contributions from each party; and WHEREAS, the CITY and SANBAG desire to amend the Agreement to increase the SANBAG financial contribution to the San Bernardino Santa Fe Depot rehabilitation project in order to pay for tenant improvementsrequired for SANBAG occupancy.

NOW, THEREFORE, it is agreed that the Agreement is amended as set forth below.

I. The parties agree that Exhibit " G" is hereby amended as attached to increase the SANBAG local contribution by $160, 000 for a new total of$ I, 530, 747.

2. All other provisions of Agreement 04- 040, which are not altered by this amendment, shall remain in full force and effect.

SAN BERNARDINO ASSOCIATED

GOVERNMENTS

CITY OF SAN BERNARDINO
c~
APPROVED AS TO FORM: APPROVED AS TO FROM:

G.L
Rene Basle
SANBAG Counsel
r-,/~
Dated: 1. do>., Dated:

A04040 I- mab. doc
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Governments
SAN BAG San Bernardino Associated Governments
AHzu:ItiNM 3/
I

TRANSPORTATION

MEASURE I
Working Together
1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410- 1715 Phone: ( 909) 884- 8276 Fox: ( 909) 885- 4407 Web: www. sonbog.co. gov San Bernardino County Transportation Commission . San Bernardino Caunty Transportation Autharity San Bernardino County Congestion Management Agency _ Service Authority for Freeway Emergencies September1, 2004
Mayor Judith Valles
City of San Bernardino
300 North " 0" Street
San Bernardino, CA 92418- 000 I
Re: Amendment No. 2 to SANBAG Cooperative Agreement 04- 040 Dear Mayor Valles:

Executive Director
San Bernardino Associated Governments
1170 W. 3rdStreet, 2ndFloor
San Bernardino, CA 92410- 1715
Secondly, Sections 8. 04 Common Area Expenses and Section 8. 05 Non- Leased Space Expenses by deleting the reference of SANBAG paying for all costs and being reimbursed quarterly in arrears for the City' s share, it being mutually agreed that both parties will contribute funds to the depot building operating fund maintained by the property management firm. The City' s financial contribution shall be made to the following address:

JVO~ 090 I- mab. doc .

Indirect
Cities ot: Adeianto. Barstow. Big Bear Lake. Chino, China Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Lorna Linda, Montclair.

Needles. Ontario. Rancho Cucamonga. Redlands, RiaUo. San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa Towns of: Apple Valley, Yucca Valley County of San Bernardino

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Amendment No. 2 to SANBAG Cooperative Agreement 04- 040 September1, 2004

Page 2 ends

Mayor and City CouncilFebruary 1, 2023

Mayor and City Council
February 1, 2023