HomeMy WebLinkAboutContracts & Agreements_7A-1990_CCv0001.pdf RECO DING REQUESTED BY AND �� 1
WHEN RECORDED MAIL TO:
CITY CLERK' S OFFICE RECnRDED
City of Redlands CPTIC14L IRECORC;l
P. O. Box 3005
Redlands, CA 92373 1EEf," �.''hr= 'J ',., 3 ' =
SAN BERNARDINO
CO-- CA LIF.
J SJ 5__._ UT 6.. . _.
IN
DEVELOPMENT AGREEMENT
ENTERED INTO
BETWEEN
THE CITY OF REDLANDS
AND
GATLIN/BERGER DEVELOPMENTS, INC.
EFFECTIVE: Seutember 14 , 1990
DEVELOPMENT AGREEMENT
TABLE OF CONTENTS
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Page
RECITALS 1
OPERATIVE PROVISIONS
1 . Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2 . Restrictions on Development and Use . . . . . . . . . . . . . 3
3 . Development and Use 4
4 . Development Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 . Public Improvements 5
6 . Third Party Permits and Approvals
and utilities , . . . . . 7
7 . Development Schedule 7
8 . DEVELOPER Compliance and Release . . . . . . . . . . . . . . . . 8
9 . Default by DEVELOPER 9
10 . Default by CITY 9
11 . Permitted Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 . Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 . Superseding State or Federal Law . . . . . . . . . . . . . . . . 11
14 . Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 . Equitable Servitudes 12
16 . Negation of Agency, Joint Venture
or Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 , Notices and Other Communications . . . . . ,
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TABLE OF CONTENTS, cont'd. 90-381101
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18 . Estoppel Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 . Applicable Law . . . . . .
20 . Venue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 . Attorneys ' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 . Paragraph Headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 . Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 . Survival . . . . . . . . . . . . . 15
25 . Calendar Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 . Severability15
27 . Further Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
28 . Covenant of Good Faith 15
29 . Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
30 . Incorporation of Recitals 16
31 . Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32. Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
33 . Recordation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
SIGNATURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 & 18
NOTARIALACKNOWLEDGMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . 18 & 19
EXHIBIT "A" - Development Fees
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DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered
into effective September 14 , 1990, between the CITY OF REDLANDS,
a municipal corporation, ("CITY") and GATLIN/BERGER DEVELOPMENTS,
INC. , a Louisiana corporation ("DEVELOPER") .
Recitals
A. Section 65864 through Section 65869 . 5 of the Cali-
fornia Government Code ("Government Code") and Section 18 . 220 . 010
through Section 18 . 220 . 310 of the Municipal Code of the CITY ("Muni-
cipal Code") authorize the CITY to enter into binding development
agreements for the development of real property in its municipal
limits , with persons who have legal or equitable interests in such
real property.
B. The DEVELOPER has a contractual right to purchase
approximately 26 . 78 acres of real property in the municipal lim-
its of the CITY, which is more Particularly described as Parcels
1 and 2 of Parcel Map No. 6611 , in the City of Redlands, County
of San Bernardino, as per plat recorded in Book 81 of Parcel
Maps , pages 79 and 80 , Records of the County of San Bernardino
(the "Property") .
C. The DEVELOPER intends to purchase a fee interest in
and develop the Property as a quality open air shopping center
which will contain stores, shops and restaurants, including a
Wal-Mart department store ("Shopping Center") . The DEVELOPER has
applied to the Planning Commission of the CITY ("Planning Commis-
sion") , for a conditional use permit, as provided in Chapter
3c4-10 S- 4
18 . 192 of the Municipal Code and for a variance, as provided in
Chapter 18 . 196 of the Municipal Code, and on May 15 , 1990 , the
Planning Commission approved Conditional Use Permit No. 542 ("Con-
ditional Use Permit No. 542") and Variance No. 460 ( "Variance No.
46011) and imposed conditions on the DEVELOPER, including condi-
tions which are intended to mitigate the environmental impact of
the Shopping Center. On July 10 , 1990 , the Planning Commission
approved Amended Conditional Use Permit No. 542 (Revised) , and
Minor Subdivision No. 199 and imposed additional conditions on
the DEVELOPER with respect to the DEVELOPER' s Shopping Center
project. The conditions of approval include a condition assuring
compliance with mitigation measures as recommended by the En-
vironmental Review Committee on May 7, 1990 , and approved by the
Planning Commission on May 15 , 1990 , pursuant to a mitigated
negative declaration.
D. The DEVELOPER has applied to the CITY for approval
of this Agreement and the Planning Commission and the City Coun-
cil have conducted public hearings with respect to this Agree-
ment, as provided in Section 65867 of the Government Code and in
Section 18 .220 . 080 and Section 18 . 220 . 110 of the Municipal Code,
and have found that the provisions of this Agreement are consis-
tent with the CITY' s General Plan ("General Plan") and the East
Valley Corridor Specific Plan ("Specific Plan") . On august 15 ,
1990 , the City Council adopted Ordinance No. 2122 which en-
acted this Agreement ("Enacting Ordinance") and the Enacting Ordi-
nance became effective on r14, 1990 ("Effective Date") .
E. By adopting the Enacting Ordinance, the City Coun-
cil has determined that the lack of certainty in the approval of
the DEVELOPER' s Shopping Center project could result in a waste
of resources and discourage investment and commitment to compre-
hensive planning which would maximize efficient utilization of re-
sources at the least economic cost to the public and has deter-
mined that certain assurances should be given to the DEVELOPER so
2
that the DEVELOPER may proceed with its Shopping Center project
in accordance with certain existing Policies, rules and regula-
tions and subject to the terms and conditions of this Agreement.
This Agreement has undergone extensive review by the CITY, the
Planning Commission and the City Council and has been found to be
fair, just and reasonable and in the best interest of the citi-
zens of the CITY and the public health, safety and welfare.
IN CONSIDERATION of the mutual covenants and conditions
which are provided in this Agreement, the parties agree as fol-
lows:
Operative Provisions
1 . Term. Unless earlier terminated as provided in
this Agreement, this Agreement will commence on the Effective
Date as provided in "Recital D. " and will continue until the 4th
anniversary of the Effective Date.
2 . Restrictions on Development and Use . The develop-
ment and use of the Property including, without limitation, the
density or intensity of use, the maximum height and size of pro-
posed buildings and provisions for reservation or dedication of
land for public purposes, will be governed by the following:
(a) The "Urban Services Land Use Designation"
of the Land Use Element of the General Plan, as it exists on the
Effective Date of this Agreement.
(b) Division 3 , Chapter 7 (General Commercial
District) of the Specific Plan, as they exist on the Effective
Date of this Agreement.
(c) Conditional Use Permit No. 542 .
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(d) Variance No. 460 .
(e) Conditional Use Permit No. 542 (Revised) .
(f) Minor Subdivision No. 199 .
(g) Except with respect to Development Fees, as
provided in paragraph 4 . , and public improvements, as provided in
paragraph 5 . , the CITY' s ordinances, resolutions, rules, regula-
tions and policies with respect to subdivision, resubdivision,
adjustment of lot lines and construction standards and specifica-
tions including, without limitation, building codes , plumbing
codes, mechanical codes, electrical codes and fire codes, as they
exist from time to time, provided that such ordinances, resolu-
tions, rules, regulations and policies are applied on a city-wide
basis . Except with respect to Development Fees and public im-
provements, the intent of this subparagraph 2 . (g) is to give the
CITY discretion with respect to the approval of those aspects of
the development or operation of the Shopping Center which it has
not yet been asked to review as of the Effective Date of this
Agreement.
All of the foregoing will sometimes hereafter be
referred to collectively as the "Development Criteria" .
3. Development and Use.
(a) The DEVELOPER will have the vested right to
develop the Property in accordance with the Development Criteria
and this Agreement.
(b) On the request of the DEVELOPER from time to
time, the CITY will accept applications for, diligently process
and issue, in accordance with the Development Criteria, all re-
maining land use approvals and permits, building permits, cer-
tificates of occupancy and other permits which are necessary for
4
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'10-34101
the development or operation of the Shopping Center, W on pay-
ment of the CITY' s usual and customary fees and charges, to cover
its actual costs of processing any such applications and issuing
any such approvals , permits and certificates ("Processing Fees
and Charges") , at the time that such Processing Fees and Charges
are normally payable as provided in the Municipal Code , and (ii)
on payment of the Development Fees which are referred to in para-
graph 4 . , 1/2 on the date that the CITY issues a certificate of
occupancy for the Wal-Mart department store in the Shopping Cen-
ter ("Wal-Mart Store") , and 1/2 on the second anniversary of the
1st day of the 1st quarter after the quarter in which the Wal-
Mart Store opens for business.
4 . Development Fees . The total development fees
which will apply to the development of the Shopping Center in-
cluding, without limitation, any subdivision, resubdivision, ad-
justment of lot lines , grading, construction, installation or in-
ception of utility services, completion or occupancy of the Shop-
ping Center ("Development Fees") , will be as provided in the sche-
dule attached hereto as EXHIBIT "A" and, except for the Develop-
ment Fees and the Processing Fees and Charges which are referred
to in subparagraph 3 . (b) , the CITY will not impose or exact any
additional fees , with respect to the Property or the Shopping
Center.
5 . Public Improvements . The CITY will construct all
public improvements which it requires with respect to the Shop-
ping Center. All of the improvements will be constructed to the
CITY ' s standards and the determination of whether a specific im-
provement meets CITY standards will be within the CITY' s sole dis-
cretion. The CITY and the DEVELOPER agree that such public im-
provements will include, at a minimum, the following:
5
x 0
With respect to California Street:
Construct a 63 foot half street easterly
of street centerline, to include:
(i) Construct standard curb and gutter
57 feet easterly of street centerline.
(ii) construct standard street section
between new curb and street centerline .
(iii) Construct standard sidewalk.
(iv) Install standard street lights .
M construct adequate drainage fa-
cilities .
With respect to Redlands Boulevard:
Construct a 60 foot half street northerly
of street centerline, to include:
W Repair existing curb, gutter and
street pavement as necessary.
(ii) Construct standard sidewalk (in
accordance with East Valley Corridor Specific
Plan) .
(iii) Install standard street lights.
(iv) Construct adequate drainage fa-
cilities .
With- respect to New Jersey Street:
Construct a 33 foot half street westerly
of street centerline, to include:
(i) Construct standard curb and gutter
24 feet westerly of street centerline.
(ii) Construct standard street section
between new curb and street centerline .
(iii) Construct standard sidewalk.
(iv) Install standard street lights .
With respect to intersection of Redlands
Boulevard and California StreTe_t.
(i) Construct interim traffic signal.
6
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The CITY will use its best efforts to construct
such public improvements on or before the date that the Wal-Mart
Store opens for business .
The DEVELOPER acknowledges and agrees that prior
to undertaking construction of the above-described traffic sig-
nal, the CITY may be required to obtain certain permits or ap-
provals from the City of Loma Linda. The CITY will use its best
efforts to obtain such permits and approvals and obtain the neces-
sary materials to construct such traffic signal. While the CITY
makes no commitment that such traffic signal will be constructed
by any date certain, the CITY will use its best efforts to con-
struct such traffic signal on or before the date that the Wal-
Mart Store opens for business .
The CITY will also exercise good faith in deter-
mining the placement of median access cuts in any median in Cali-
fornia Street and Redlands Boulevard in relationship to driveways
from those streets into the Shopping Center.
6 . Third Party Permits and Approvals and Utilities .
The CITY will use its most reasonable efforts to assist the DE-
VELOPER in obtaining all other permits and approvals which are
required by governmental entities other than the CITY, which have
jurisdiction over the development or operation of the Shopping
Center, and all utility connections and services including, with-
out limitation, electrical, gas, telephone, cable television,
which are required for the development or operation of the Shop-
ping Center.
7 . Development Schedule. The DEVELOPER will use its
best efforts to develop the Shopping Center as provided in the
Development Plan, according to the following schedule:
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(a) No later than the lst anniversary of the Ef-
fective Date of this Agreement, the DEVELOPER will begin con-
struction of the Wal-Mart Store.
(b) No later than the 2nd anniversary of the Ef-
fective Date of this Agreement, the DEVELOPER will complete con-
struction of the Wal-Mart Store.
(c) No later than the 4th anniversary of the Ef-
fective Date of this Agreement, the DEVELOPER will complete con-
struction of at least 23 ,500 square feet of additional unfinished
(building shell only) retail shop space in the Shopping Center.
8 . DEVELOPER Compliance and Release .
(a) The Director of Community Development of the
CITY ( "Director" ) will review this Agreement on the lst, 2nd, 3rd
and 4th anniversaries of the Effective Date of this Agreement as
provided in Section 65865 . 1 of the Government Code and Section
18 . 220 . 180 of the Municipal Code, to ascertain the DEVELOPER' s
good faith compliance with the provisions of this Agreement.
(b) If the Director finds good faith compliance
with the provisions of this Agreement, then he will issue a cer-
tificate of compliance as provided in Section 18 . 220 . 190 of the
Municipal Code and cause such certificate of compliance to be re-
corded in the Official Records of San Bernardino County. The
certificate of compliance which the Director records in the offi-
cial Records of San Bernardino County will be recorded after he
has found good faith compliance with the provisions of this Agree-
ment on the 4th anniversary of the Effective Date of this Agree-
ment.
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W-381101
9 . Default by DEVELOPER. If the Director does not
find good faith compliance with the provisions of this Agreement
on the lst, 2nd, 3rd or 4th anniversaries of the Effective Date
of this Agreement, then he will have all of the remedies which
are provided in Section 18 .220 .230 of the Municipal Code and will
proceed as provided in Section 65865 . 1 of the Government Code and
Section 18 .220 .200 through Section 18 .220 . 240 of the Municipal
Code.
10 . Default-P-Y_CITY. If the CITY fails to perform any
of its obligations as provided in this Agreement and fails to
cure its nonperformance within 30 days after notice of nonper-
formance is given by the DEVELOPER, then the CITY will be in de-
fault and the DEVELOPER will have all of the remedies which are
available to it at law or in equity; provided, however that if
the CITY' s failure to perform cannot reasonably be cured within
such 30 day period, then the CITY will not be in default of this
Agreement if it commences to cure its nonperformance within such
30 day period and thereafter diligently and in good faith prose-
cutes such cure to completion. Without limiting the effect of
the foregoing, the parties acknowledge and agree that the subject
matter of this Agreement is unique and that money damages may be
inadequate to compensate the DEVELOPER and therefore, at the
election of the DEVELOPER, this Agreement may be specifically en-
forced.
11. Permitted Delays . The CITY and the DEVELOPER will
be excused from performance of their respective obligations as
provided in this Agreement during any period of delay which is
caused by casualty; acts of God; civil commotion; war; insurrec-
tion or riots. The affected party will promptly notify the other
party of any permitted delay as soon as is possible after it has
ascertained such delay and the term of this Agreement will be
extended by the period of any such delay.
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910-3H1101
12 . Indemnification.
(a) The DEVELOPER will defend, indemnify and hold
the CITY and its elected officials , officers and employees free
and harmless from any loss , cost or liability (including, without
limitation, liability arising from injury or damage to persons or
property, including wrongful death and worker ' s compensation
claims) which results from W any obligation which arise from
the development of the Shopping Center including, without limita-
tion, obligations for the payment of money for material and labor,
(ii) any failure on the part of the DEVELOPER to take any action
which it is required to take as provided in this Agreement, (iii)
any action taken by the DEVELOPER which it is prohibited from
taking as provided in this Agreement and (iv) any claim which re-
sults from any wilful or negligent act or omission of the DEVEL-
OPER.
(b) The CITY will defend, indemnify and hold the
DEVELOPER and its shareholders , directors, officers and employees
free and harmless from any and all loss, cost or liability (in-
cluding, without limitation, liability arising from injury or
damage to persons or property, including wrongful death and work-
er' s compensation claims) which results from (i) any failure on
the part of the CITY to take any action which it is required to
take as provided in this Agreement, (ii) any action taken by the
CITY which it is prohibited from taking as provided in this Agree-
ment and (iii) any claim which results from any wilful or negli-
gent act or omission of the CITY.
(c) Included in the scope of the foregoing indem-
nifications will be all damages and claims for damages which are
suffered or alleged to have been suffered by reason of the mat-
ters which are the subject of the applicable indemnification and
all of the associated legal fees and court costs. Without limit-
10
ing the effect of the foregoing, the indemnifying party will have
the right to defend against any claim with respect to which it is
indemnifying the other party, using legal counsel of its choice.
(d) Without limiting the effect of the DEVELOPER' s
indemnification, as provided in subparagraph 12 . (a) , until the DE-
VELOPER has been released from its obligations as provided in sub-
paragraph 8 . (b) of this Agreement, it shall take out and maintain
the following insurance coverage:
(i) Commercial general liability insurance
with single limits of liability of not less than $1 ,000 ,000 . 00 .
(ii) Worker' s compensation insurance which
complies with California law, for all persons which are employed
by the DEVELOPER at the Property.
The carriers of such insurance will be re-
sponsible companies which are admitted to do business in Cali-
fornia. The CITY and its elected officials, officers and em-
ployees will be named as additional insureds in connection with
any such insurance coverage and each carrier of such insurance
will agree to give the CITY at least 30 days advance written no-
tice of any cancellation or reduction in coverage of any such in-
surance. At the CITY' s request from time to time, the DEVELOPER
will cause the carriers of such insurance to provide evidence of
the existence of such insurance coverage.
13 . Superseding State or Federal Law. If any state or
federal law or regulation which is enacted or adopted after the
Effective Date of this Agreement or any other action of any gov-
ernmental entity which is not under the CITY' s control, prevents
or precludes compliance with any provision of this Agreement,
then such provision of this Agreement will be modified or sus-
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,40-3M,101
pended only to the extent and for the time it is necessary to
achieve compliance with such law, regulation or other governmental
action and the remaining provisions of this Agreement will con-
tinue in full force and effect and the parties will negotiate in
good faith for such amendments to this Agreement as may be neces-
sary to achieve its intent, notwithstanding the existence of such
state or federal law or regulation or other governmental action.
On the repeal of any such law, regulation or other governmental
action or on the occurrence of any other circumstance which re-
moves the effect of the same on this Agreement, the provisions of
this Agreement will be automatically restored to their full ori-
ginal effect and any amendment to this Agreement which the par-
ties have entered into as a result of any such law, regulation or
other governmental action, will terminate .
14 . Successors and Assigns. All of the provisions of
this Agreement will inure to the benefit of and will bind the
parties and their respective successors and assigns and all other
persons or entities which acquire all or any part of the Prop-
erty. Without limiting the effect of the foregoing, the DEVEL-
OPER will have the right to assign its rights or delegate its ob-
ligations as provided in this Agreement, in whole or in part, to
any person or entity which owns or operates the Shopping Center
or any part of the same.
15 . Equitable Servitudes . All of the provisions of
this Agreement will be enforceable as equitable servitudes and
will constitute covenants running with the land as provided in
the applicable law.
16 . Negation of Agency, Joint Venture or Partnership.
The parties acknowledge that in entering into this Agreement,
they are acting as independent entities and not as agents of the
other in any respect. The parties hereby renounce the existence
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90-381101
of any form of joint venture or partnership among or between them
and agree that nothing in this Agreement will be construed as
making them joint venturers or partners .
17 . Notices and Other Communications . All notices or
other communications which are required or permitted to be given
to the parties will be in writing and will be given either by per-
sonal service or by mailing the same by certified or registered
mail, postage prepaid, return receipt requested, or overnight
mail delivery service, addressed as follows :
CITY
CITY OF REDLANDS
30 Cajon Street
Redlands , CA 92373
Attn: City Manager
With a Copy To: CITY OF REDLANDS
2 Redlands Plaza
P.O. Box 3005
Redlands , CA 92373
Attn: Community Development Director
DEVELOPER
GATLIN/BERGER DEVELOPMENTS , INC.
5650 El Camino Real
Carlsbad, CA 92008
Attn: Franklin C. Gatlin, III
With a Copy To: Darryl Berger Investment
Corporation
100 Conti Street
New Orleans , LA 70130
Attn: Darryl D. Berger
If any such notice or other communication is
given by personal delivery, then it will be deemed given as of
the date of delivery. If any such notice or other communication
is given by mail, then it will be deemed given as of the date of
receipt, rejection or return undelivered. Addresses to which no-
tices or other communications may be delivered, may be changed
from time to time by a notice which is given as provided in this
paragraph 17 .
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18 . Estoppel Certificates . At the request of either
party, the other party will, within 10 days, certify in writing
that, to the best of its knowledge, (a) this Agreement is in full
force and effect and is a binding obligation of the certifying
party, (b) this Agreement has not been amended or modified, ex-
cept as is expressly provided in such estoppel certificate and
(c) no default in the performance of the requesting party' s ob-
ligations as provided in this Agreement exists, except as is ex-
pressly provided in such estoppel certificate.
19 . Applicable Law. This Agreement will be construed
and enforced as provided in California law.
20 . Venue. Any legal action with respect to this
Agreement will be brought in either San Bernardino County Su-
perior Court or in the United States District Court for the Cen-
tral District of California.
21 . If legal action is taken to en-
force or interpret any provision of this Agreement, then the pre-
vailing party in such action will be entitled to recover from the
losing party all attorneys ' fees, court costs and necessary dis-
bursements in connection with such action. 1
22. Paragraph Headings. The paragraph headings of
this Agreement are for convenience only and are not a part of and
are not intended to govern, limit or aid in the interpretation of
any provision of this Agreement.
23. Construction. In all cases, the language in this
Agreement will be construed simply, according to its fair meaning
and not strictly for or against either party, it being agreed
that the parties or their agents have participated in the prepar-
ation of this Agreement.
14
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24 . Survival. Each and every covenant in this Agree-
ment will survive the execution and delivery of this Agreement
for the benefit of the parties.
25 . Calendar Periods . All references in this Agree-
ment to "years" , "quarters" , "months" and "days" will be deemed
to be to references to calendar years , quarters, months and days.
26 . Severability. Every provision of this Agreement
is and will be construed to be a separate and independent coven-
ant. Without limiting the effect of paragraph 13 . , if any provi-
sion of this Agreement or the application of the same is, to any
extent, found to be invalid or unenforceable, then the remainder
of this Agreement or the application of such provision to circum-
stances other than those to which it is invalid or unenforceable,
will not be affected by the same and each provision of this Agree-
ment will be valid and will be enforced to the extent permitted
by the law and the parties will negotiate in good faith for such
amendments to this Agreement as may be necessary to achieve its
intent, notwithstanding such invalidity or unenforceability.
27. Further Assurances. Whenever and as often as it
is requested to do so by the other party, each party will exe-
cute, acknowledge and deliver or cause to be executed, acknow-
ledged or delivered, any and all such further documents as may be
necessary, expedient or proper in order to achieve the intent of
this Agreement.
28 . Covenant of Good Faith. In exercising their
rights and in performing their obligations as provided in this
Agreement, the parties will cooperate with one another in good
faith, so the intent of this Agreement can be attained.
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29 . Counterparts . This Agreement may be executed in
counterparts, each of which will be deemed to be an original for
all purposes and all such counterparts will constitute one and
the same agreement.
30 . Incorporation of Recitals . The "Recitals" in this
Agreement are material and are incorporated by reference as though
fully set forth hereat. Each recital of fact concerning the par-
ties will be conclusive between them and such facts will be in-
contestable in the event of any dispute between them with respect
to such facts . Neither party will introduce any evidence in a
court or administrative proceeding which would in any way serve
to dispute any such recited fact.
31 . Exhibits . Any Exhibit to this Agreement is incor-
porated by reference as though fully set forth hereat.
32 . Amendment.
(a.) No amendment or waiver of any term of this
Agreement will be binding on the CITY unless and until it has
been approved and has become effective as provided in Section
65868 of the Government Code and in Section 18 . 220 . 290 of the
Municipal Code, or on the DEVELOPER unless and until it has been
executed by the DEVELOPER.
(b) The parties acknowledge that the passage of
time may demonstrate that changes are necessary or appropriate
with respect to the details of each party' s performance as pro-
vided in this Agreement. Because the parties wish to retain
flexibility with respect to the details of their performance, if
and when the parties determine that changes are necessary or ap-
propriate, they will unless otherwise required by law, effectuate
such changes or adjustments through operating memoranda. After
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90-3S1 101
execution, each such operating memorandum will be attached to
this Agreement as an addendum and will become part of this Agree-
ment. No such operating memorandum will be deemed to be an amend-
ment of this Agreement as provided in Section 65868 of the Govern-
ment Code or in Section 18 . 220 . 290 of the Municipal Code .
33 . Recordation. No later than 10 days after the Ef-
fective Date of this Agreement, the CITY will, at its cost, re-
cord this Agreement in the Official Records of the San Bernardino
County Recorder, as provided in Section 65868 .5 . of the Govern-
ment Code and in Section 18 . 220 . 290 of the Municipal Code.
CITY
CITY OF REDLANDS"'
By:
Mayo
r/
ATTEST:
B
City Clerk
APPROVED AS TO FORM AND SUBSTANCE:
BEST, BEST & KRIEGER
By:
Daniel J. MHugh, Esq.
DEVELOPER
GATLIN/BERGER DEVELOPMENTS, INC. ,
a Louisiana corporation
By:
s
17
90-381101
APPROVED AS TO FORM AND SUBSTANCE:
GRESHAM;, VARNER;, SAVAGE,
NOLAN & TILDEN
By:
mark A. OStoiCh, Esq.
STATE :OF CALIFORNIA j
ss.
COUNTY OF SAN BERNA DINn )`
On August 31 , 1990, before me, the undersigned,
a' Notary Public for the State of California, duly commissioned
and sworn, personally appeared Charles G. DeM rjyn
personally known to me or proved to me on the basis of satisfac-
tory evidence to be the Mayor of the CITY OF REDLANDS, a munici-
pal corporation, and acknowledged to me that said municipal cor-
poration executed the within instrument'.
WITNESS my hand and official seal.
Notary Public in and for id
NOTARIAL SEAL': ..State and County
..W.
.. �tSM
HEZ
SAN SERNARDWO COU t7
MVC0MM n 95
June 12.1991
18
101
STATE OF CALIFORNIA )
• } ss.
COUNTY OF
On /` U /.l 1990 , before me, the under-
signed, a Notary u is tor tie State of Califp�rnia ul com-
missioned and sworn, personally appearedC �N�11Lt__ .
personally known to me or proved to me on the basis of satisfac- �
tory evide ce to e the person who executed the within instrument
as the of the corporation that executed the with-
in instrument and acknowledged to me that such corporation exe-
cuted the within instrument pursuant to its Bylaws or a resolu-
tion of its Board of Directors .
WITNESS my hand and off ' ci.a - eal.
Nota y Public in and Xor said
Sta e and County
NOTARIAL SEAL:
OFFICIAL SEAL
KARIN A,SHAWE
NOTARY3C-CALIFOMA
SAN E C
fly COP"SSION EXP OCT 4, I9WVI
19 M10Jkas
.0I
DEVELOPMENT FEES
EXHIBIT "A"
DEVELOPMENT FEES JJ
STORM DRAIN (Per Ordinance No. 2037 ,
Resolution No. 4458 - 3/6/89)
Site Area
Street Area
STREET CONSTRUCTION (Per Ordinance No.
2038, Resolution No. 4393 - 9/6/88)
TRAFFIC SIGNAL (Per Ordinance No. 2039 ,
Resolution No. 4394 - 9/6/88)
POLICE STATION (Per Ordinance No. 2048 ,
Resolution No. 4429 - 2/21/89)
FIRE STATION (Per Ordinance No. 2048,
Resolution No. 4429 - 2/21/89)
Building Area (New)
Building Area (No. 3)
LIBRARY (Per Ordinance No. 2048 ,
Resolution No. 4429 - 2/21/89)
CITY HALL (Per Ordinance No. 2048 ,
Resolution No. 4470 - 4/21/89)
CITY YARD (Per Ordinance No. 2048 ,
Resolution No. 4470 - 4/21/89)
WATER SERVICE AREA (Per Ordinance
No. 2079 - 5/23/89)
WATER CAPITAL IMPROVEMENT
(Per Ordinance No. 2079 - 5/23/89)
SEWER CAPITAL IMPROVEMENT
(Per Ordinance No. 2079 - 5/23/89)
FRONTAGE CHARGES - WATER a SEWER
(Per Ordinance No. 2079 - 5/23/89)
TOTAL DEVELOPMENT FEES: $1 ,092, 196 .09
EXHIBIT "A" , page 1 of 1