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Attachment 15 Exhibit C Agreements of all parties

Mayor and City Council
September 17, 2025

Document
Attachment 15 Exhibit C Agreements of all parties
Meeting
September 17, 2025
Body
Mayor and City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

From: Susan Kang
To: Craig Furniss; Scott Furniss
Cc: [email protected]; Brandon Smith
Subject: Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Date: Thursday, August 18, 2022 4:54:22 PM
Attachments: image002.png
Craig- please see submittal from ADESA. Again, we will agree to your conditions. Please provide us with a letter we can provide to city planning. Thank you.

Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]

CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution
is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.

From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 4:44 PM
To: Gustavo Orozco <[email protected]>; Susan Kang <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Gustavo,

I just sent an email to everyone with the necessary responses. As discussed, ADESA has agreed to the conditions as proposed by Craig (ref: 9/1/22) date and I have updated the letter to say that.

Please also realize, getting the posts up are CRITICAL. Susan noted that there MAY (not guaranteed) leniency from Craig if progress is shown.

Get those post up immediately, have Maya coordinate directly with Ed at SGE to ensure he does EXACTLY what is shown in the drawing.

Thank you,

Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com

From: Gustavo Orozco <[email protected]>
Sent: Thursday, August 18, 2022 1:53 PM
To: Brandon Smith <[email protected]>; Susan Kang <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <nacho@practical- solutions.us>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

Hey Brandon,

Sorry for not being able to answer earlier, we were in a meeting and just got out… We understand everything and also we understand that the association will not put anything written for the city until we agree to their 9 points…

As Carig says we agree to the 7 first points but we would like to request if it’s possible as a favor to start this until 9/8/2022… we know beforehand that everything with Airgais will be ready until 9/20/2022 so it is a lot of Money that Adesa needs to pay to association, let’s try it and see if they are willing to cooperate with one extra week, if not we’ll have to agree, we have no other choice… hopefully they will understand…

Regards.

From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 9:44 AM
To: Susan Kang <[email protected]>; Gustavo Orozco <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <nacho@practical- solutions.us>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

Gustavo,

I suggest we agree to 9/1 and proceed with EZ pad procurement. Let’s move as fast as we discussed with AirGas and then eventually, plan check will occur.

Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com

From: Susan Kang <[email protected]>
Sent: Thursday, August 18, 2022 12:39 PM
To: Brandon Smith <[email protected]>; [email protected]; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

Brandon, that’s not how I read Craig's email. He is not lifting his block with the planners for ADESA, esp without an agreement with us. So that needs to be step 1 in my opinion.

ADESA- Craig sent the email Mon. It's Fri now! Please respond to my 8/15 email.

Thank you.

Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone*

T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]

CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information.

Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.

From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 9:30:43 AM
To: Susan Kang <[email protected]>; [email protected] <[email protected]>; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Susan,

The City will need something in writing from the Association to permit plan checking on the EZ Pads.

ADESA is willing to install the EZ Pad design with the understanding it’s “not permitted” right away, but the Association will need to communicate to the city that it’s ok to review the plans.

Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com

From: Brandon Smith
Sent: Thursday, August 18, 2022 12:26 PM
To: Susan Kang <[email protected]
>; [email protected]; 'Alberto de
Santiago' <[email protected]>; Ignacio Varela <[email protected]> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

Alberto/Gustavo,

Your call here. But make the call quick.

Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com

From: Susan Kang <[email protected]>
Sent: Thursday, August 18, 2022 12:18 PM
To: [email protected]; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]>; Brandon Smith <[email protected]> Subject: Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

See below and Please let me know today. He will not move on the 9/1 deadline.

You guys are moving too slow!
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone*

T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]

CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information.

Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.

From: Craig Furniss <[email protected]>
Sent: Thursday, August 18, 2022 6:45:46 AM
To: Susan Kang <[email protected]>
Cc: [email protected] <[email protected]>; Scott Furniss <[email protected]>; 'Alberto de Santiago' <[email protected]>; Brandon Smith <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
HI Susan

Please note that the first 7 conditions are precisely the same as what you and Adesa already agreed to in the attached Administrative Development Permit with the City of San Bernardino (see conditions 19-25 on page 6 of the attached permit from the City). Nothing new here. Additionally, we will require Condition of approval #26 be observed from the permit: “WBCA requires proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area.” I am sure you and Adesa are already aware of this requirement but I am repeating it here to make sure.

There is nothing new here, other than the changes Adesa is making. We don’t understand why it is taking so long to respond especially given the limited time to complete the improvements.

Please respond today. Extensions to the September 1 date will not be granted.

Thanks
Craig

From: Susan Kang <[email protected]>
Sent: Wednesday, August 17, 2022 9:18 AM
To: Craig Furniss <[email protected]>
Cc: [email protected]; Scott Furniss <[email protected]>; 'Alberto de Santiago' <[email protected]>; Brandon Smith <[email protected]> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

Craig, I’m in connect with ADESA. We are aligning on your concerns and the 9 conditions. We will get back to you soon.

Thanks
Susan
*please excuse any typos as this was sent from my phone*

T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]

CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information.

Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.

From: Craig Furniss <[email protected]>
Sent: Wednesday, August 17, 2022 9:05:51 AM
To: Susan Kang <[email protected]>
Cc: [email protected] <[email protected]>; Scott Furniss <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Susan

I left a voicemail for you earlier this week. I have not heard back from you regarding my email from Monday. Time is of the essence in this matter. Please respond.

Thank you
Craig

From: Craig Furniss
Sent: Tuesday, August 16, 2022 12:14 PM
To: Susan Kang <[email protected]
>
Cc: [email protected]; Scott Furniss <[email protected]> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

Our field measurement this morning indicates that the dimension shown as 15’4” by us on the marked up SP2 plan (from face of existing curb to the edge in line with the curb in the parking lot) is actually approximately 16’ so you should be able to have as much as 14” from the face of curb to the post (this is the dimension we label as 6” or greater). Please verify but if true, there should be no issue here. Please show requested dimensions on updated plan submitted for approval.

From: Craig Furniss
Sent: Monday, August 15, 2022 2:22 PM
To: Susan Kang <[email protected]
>
Cc: [email protected]; Scott Furniss <[email protected]> Subject: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital

Susan:

Thank for the more complete submittal. Unfortunately, it does not address the comments in our August 4, 2022 email to you in the following respects:

1. Modified Slab Design is still proposed – the submittal still proposes a new slab design requiring a higher (12.5’) screen wall and a resubmittal to San Bernardino. Revisions from the prior submitted plans are not highlighted as we requested.

2. Distance Between Columns and curb not shown on Detail 1 of SP2 as we specifically requested. Please see attached mark up. Please field verify the minimum existing dimension in the field of 15’4”. We believe the enclosure will protrude 4” beyond the curb into the parking lot toward the building. Is this acceptable to you and the city? WBCA will allow this 4” protrusion. Please show this accurately on the plan. We require a minimum of 6” from edge of column to the curb as shown in the mark up. The post is 5” wide. An alternative might be to mount the posts on the curb if you are not able to protrude the enclosure into the parking lot.

3. Tree Type and Root Barrier on LP-1/Trees - The following note was added to LP-1 “Deeproot LB 18-2 Linear Root Barrier, 18” Deep x 24” Long segments, installed per manufacturer’s instructions”. Deeproot has a linear root barrier system called “UB” (not LB). Is this what is being specified? If so, we request Deeproot “UB 36-2” be used so that a 36” root barrier is created. Additionally, please show the linear placement of the root barrier to be, at a minimum, the “L” shape root barrier system we marked on LP-1. Finally, we noted that Catalina Cherry has been specified for the tree replacement for the Ficus. Would you please discuss with your landscape architect the use of five
24” box Photinia x Faseri (Red Robin)
instead? If used, the Photonia should be spaced 2.5’ apart (this would make a 12.5’ wide hedge) and centered on the 14’ wide enclosure wall. The photinia should be a minimum of 2’ from the transformer wall and 2’ from the trash enclosure wall. The concern with the Catalina Cherry is that it bears fruit (which could attract rodents and foul the storm drain trench). Catalina Cherry trees also grow to 40’ high. We are told that Photinia are drought tolerant and grow 9-12’ tall. We are open to input from your landscape architect on this but feel Photinia might be a better fit.

If the applicant (Building Owner S&E Investments) agrees to the 8 conditions of approval below (which will be incorporated into an approval letter acknowledged by Owner (S&E Investments)), then for the sake of expediting the resolution of this issue, we will agree to allow the modification to of what you refer to as “EZ Slab” and the higher 12.5” enclosure wall if you (S&E Holdings). (Note the first 7 conditions below are already included in Adesa’s Administrative Development Permit with the City of San Bernardino.) Our final approval (if issued) will include an agreement between the Building Owner (S&E Investments) and the Waterman Business Owners Association (WBCA) with a complete set of plans attached evidencing this acceptance.

1. Applicant and any of its tenants shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner.

2. Bobtail and semi-trucks will park, load and unload only in the areas designated on Exhibit A.

Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours.

3. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building.

4. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans approved by Waterman Business Center Association (WBCA).

5. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests.

6. No utility lines will be mounted on the exterior of the building.

7. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered.

8. As requested numerous times by WBCA, Applicant shall remove the unapproved LIN that is currently on the property no later than 9/1/22. For each day of delay beyond this date, applicant (owner of building) shall pay WBCA $250/day for the first 7 calendar days, $500/day for the next 7 calendar days, and S1,000 for any days beyond 14 calendar days.

9. All costs of WBCA plan reviews are paid current and any future costs associated with plan review and construction compliance or delays (per #8 above) are paid within 30 days of invoicing.

Thank you
Craig

Craig Furniss
Waterman Business Center Association
By: Seventh Street Development, its manager
328 E Commercial Road #107
San Bernardino, California 92408
Phone: 562/427-7718
Fax: 562/427-7774
Email: [email protected]

From: Susan Kang <[email protected]
>
Sent: Friday, August 12, 2022 2:46 PM
To: Craig Furniss <[email protected]>; Scott Furniss <[email protected]> Cc: [email protected]
Subject: Fwd: Final submital

Sorry about that. Here are the attachments.

Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone*

T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]

CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution
is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.

From: Gustavo Orozco <[email protected]>
Sent: Friday, August 12, 2022 2:41:02 PM
To: Susan Kang <[email protected]>
Subject: Final submital

THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Here you go Susan…

Regards.

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