HomeMy WebLinkAbout2009/03/02 - Agenda Packet - Special`11
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AGENDA
CITY COUNCIL, FIRE PROTECTION DISTRICT
AND REDEVELOPMENT AGENCY
SPECIAL MEETING
Monday, March 2, 2009 ~ 12:00 noon
City Hall ~ City Council Chambers
10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730
A. CALL TO ORDER
Pledge of Allegiance
2. Roll Call: Mayor Kurth
Mayor Pro Tem Michael
Council Gutierrez, Spagnolo and Williams
B. (.~O1~11~1C1N1('~~TIOyS FRUI~~i TF[E PUBLIC
This is the time and place for the general public to address the City Council on any item listed or not listed on the
agenda. State law prohibits the Council from addressing any issue not previously included on the Agenda. The
Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five
minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals
desiring to speak. All communications are to be addressed directly to the Council, not to the members of the
audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from
any debate between audience and speaker, making loud noises, or engaging in any activity which might be
disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion
of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business
portion of the agenda will be given priority, and no further speaker cards for these business items will be
accepted once the business portion of the agenda commences. Any other public communications which have
not concluded during this one hour period may resume after the regular business portion of the agenda has been
completed.
C. 1~rl~.:ei ~~r Drscuss~o~~
1. Consideration of Responses to the Request for Qualification (RFQ) for 1,200 acres, San
Bernardino County Property, Located North of the City Boundary and in the City's
Sphere of Influence (the Property is located north of Banyan Street and approximately
Between Milliken Ave. and Day Creek Flood Control Channel), Including Presentations
by and Interviews of Applicants
I, Debra L. McKay, Records Manager/Assistant City Clerk, of the City of Rancho Cucamonga, hereby certify that a
true, accurate copy of the foregoing agenda was posted on February 26, 2009, per Government Code 54954.2 at
10500 Civic Center Drive, Rancho Cucamonga, California.
MEETING TO ADJOURN TO MARCH 3, 2009, AT 1:30 P.M. FOR A MEETING IN THE CITY COUNCIL CHAMBERS
AT CITY HALL, 10500 CIVIC CENTER DRIVE.
STAFF REPORT
RANCHO
Date: February 17, 2009 C,UCAMONGA
To: Honorable Mayor Kurth and City Council Members
Jack Lam, AICP, City Manager
From: Mahdi Aluzri, Deputy City Manager/Community Develop
John Gillison, Deputy City Manag r/Administrative Servi
James Troyer, Planning Director'
Subject: Consideration of Responses the Request for Qualification (RFQ) for 1,200
acres, San Bernardino County Property, Located North of the City Boundary and
in the City's Sphere of Influence (the Property is located north of Banyan Street
and approximately Between Milliken Ave. and Day Creek Flood Control Channel),
Including Presentations by and Interviews of Applicants
The City Council will be evaluating six pre-qualified candidates who responded to a Request for
Qualification (RFQ) on the above referenced project which the City released in July 2008. The first
step in the evaluation process involves interviews that have been scheduled for March 2 and March
3, 2008. The order of the City Council interviews is as follows:
Monday, March 2, 2009 starting at 12:OOpm:
1. RC Alliance 12pm to 1:30pm
2. Foremost Communities 1:30pm to 3pm
3. K & K Developers 3pm to 4:30pm
4. Richland Communities 4:30pm to 6pm
Tuesday, March 3, 2009 starting at 1:30pm:
1. Brookfield Homes 1:30pm to 3pm
2. Toll Brothers 3pm to 4:30pm
In accordance with the Agreement (attached) with the County of San Bernardino, the City Council,
after concluding the interviews and the subsequent evaluation process will rank the top two
qualified candidates for each of the two areas, A and B of the project site identified in the RFQ, and
forward that recommendation to the County Board of Supervisors for their final selection. As
indicated in the letter dated February 4, 2009 (attached) from the County Administrative Officer, the
County Board however cannot legally receive the recommendation prior to April 28, 2009. The City
Council may choose to make their decision ranking the top two candidates immediately after
concluding the interviews or delay that decision if there is a need for additional information. Should
the latter be the case, staff will schedule additional meetings for the City Council as necessary to
conclude the decision making process before the April 28, 2009 County deadline.
P1
P2
CONSIDEItA'I'ION OI' RESPONSES'1'O TI~IL' REQUEST FOR QUALIFICATION (RFQ) I~OR 1,200 ACR1iS, PAGE 2
$AN BI:ItN/\IiDINO COUNTY PROPER"17, LOCA'I'GD NORTH OI~'1'I-11: CITY BOUNDARY AND IN'I'rIE
CI"IY'S SPI'llilil5 OI~ INFLUENCE ("I'I~IE PROPERTY IS I,OCAT'ED NORTH OIL BANYAN $'I'RGI's'1' ANU
APPROXIMAT'1 J,Y BG '
FEBRUARY 17, 2009
Background
The City Council, in December 2007, authorized the Mayor to execute a Cooperative Agreement
(Agreement) between the City of Rancho Cucamonga and the County of San Bernardino which
directed the City Manager to release a RFQ for a proposed development of approximately 1200
acres along the northern boundary of the City; the majority of the property is located in the County
and part of the City's sphere of influence. The project proposal consists of 815 developable acres
with approximately 385 acres of mitigation land. A portion of the 385 acres of mitigation land is set
aside for previously approved projects. The County's intention was to work with a developer or
consultant to entitle the property for future development. The Agreement was later modified to
clarify certain procedural provisions and timelines and that amendment was approved by the City
Council in June of 2008.
The Agreement required an RFQ to be issued by the City within a specified period and all
responses were subject to a review process developed by the City and County: The evaluation
would be based on the written responses but may also include follow up interviews. After evaluation
the City is required to forward all responses to the County and make a recommendation to the
Board of Supervisors of the top two (2) best-qualified candidates. The RFQ included reference to
two areas A and B the smaller of which is a portion of the site located west of the Deer Creek flood
control channel. The top two (2) best-qualified Candidates for Area "A" may be the same or different
from the top two (2) best-qualified Candidates for Area "B". The City shall rank the top two (2)
recommended best-qualified Candidates for each Area. The City's review committee was required
to include, as non-voting members, three (3) delegates from the County. The three designated
County delegates are:
• Tim Johnson, District Director for Supervisor Paul Biane.
• Julie Rynerson Rock, Land Use Services Director
• Mark Dowling, Economic Development Administrator
The Board of Supervisors will make the final selection of the successful Candidate(s) for each Area.
Further, the Board may reject one or more of the City's recommended Candidates by a unanimous
vote of those Supervisors present at the meeting. Should the Board reject both of the City's
recommended Candidates, they may then select any of the other remaining candidates
Upon selection, the County will enter into negotiations with each Area's top ranked Candidate for an
Entitlement Agreement covering each Area. If the negotiations with either Area's top ranked
Candidate do not result in a Board approved Entitlement Agreement for the Area by the 1801h day
after Candidate selection by the Board, the County shall cease negotiations with the top ranked
candidate and enter into negotiations with that Area's second ranked candidate. If those
negotiations do not result in a Board approved Entitlement Agreement within 180 days the County
shall cease negotiations and determine whether to enter into negotiations with any other Candidate
or terminate the process. The Entitlement Agreement shall also include a Design Review
Committee consisting of 2 City Council members and the County's Second District Supervisor. The
Design Review Committee shall be provided technical assistance by each party's staff as needed.
A copy of the Agreement is attached to this staff report
P3
CONSIDERe\'1'ION OI' RESPONSES'I'O '1'I1E REQUESP I~OR QUALIFICA'ITON (RFQ FOR 1,200 ACRES, PAGI?. 3
SAN BEaNARDINO COUNT'1' PROPERTY, LOCATED NOa'I'1-I OF TI-IE CITY BOUNDAIIY AND ]N'1'ITE
CITY'S SPHEaE OF INI'LUENCE ('1'hIE PROPI~a'IY IS LOCATEll NORTH OF BANYAN STREE"t ANU
APPROXI,'bL\'1'G1,Y BE
FESauaaY17,2009
Responses to the RFQ
The City released the RFQ on July 2, 2008 with an initial response dead line of September 12,
2008. In an effort to maximize participation that deadline was later extended to October 2, 2008 and
again to October 16, 2008 to make sure everyone had adequate time to submit their qualification
documentation. By that deadline seven developer candidates (see attached list) submitted their
response but later one of the candidates, John Laing Homes, informed the City that they no longer
wished to be considered. The remaining six candidates were asked to submit their pending financial
data; for the privately owned companies that information is proprietary and was deemed confidential
in accordance with Section VIII of the RFQ. The requested financial information and documentation
necessary to evaluate financial qualifications were determined in consultation with the County
review team. For obvious reasons, with the drastic change in economic conditions staff is especially
focusing on 2008 data to ascertain the candidates' financial capability and will continue to work with
the candidates to provide this information in a timely manner before the City Council makes a final
determination. Many of the candidates are still collecting this data and that information should be
submitted to the City and County-for evaluation in the near future. The packets containing the initial
developer responses to the RFQ were forvvarded to the City Council on February 11, 2009.
Qualification Review
Staff from the City' and County has reviewed the candidates' responses to the RFQ, the developer
team qualifications, and the requested financial data and other relevant documentation. Staff review
also included conducting interviews of all six candidates which were concluded in January 2009.
The interview agenda focused on the following areas:
• Demonstrated developer experience and familiarity with project scope
• Developer planning design and technical team experience
• Meeting the RFO's minimum requirements, including goals and objectives
• Understanding of the Project challenges and requirements
• Understanding and experience in the required environmental assessment and entitlement
process
• Financial capability and approach
• Concept for development of the siteZ
In each of the above noted area a series of issues where raised and the qualifications and expertise
of the developer teams were evaluated in accordance with their presentation, responses and ability
to address these issues. The issues related to each one the above evaluation criteria are
City staff team consist of the three authors of this report
z RFQ language suggested but did not require including a preliminary concept design for the project site.
P4
CON$IDERA"PION OI~ RIi.SPONSES'I'O 1'1-IIs REQUEST FOR QUALIFICATION ~Q~ FOR 1,200 ACRES, PAGI 4
SAN BERNARDINO COUNTY PROPBR'IY, LOCA'PED NORTH OF THE CI1Y BOUNDARY ANll IN "fl-IE
CITY'S SPHERE OI~ INFLUENCE ('I'FII. PI2OPER'IY IS LOCATED NORTFI OP $.\NYAN S'IREE'I' AND
APPROXI\fA"1'ILY BB
FEBRUARY 17, 2009
highlighted in the following breakdown and Table A included at the end of this report summarizes
staff conclusions on the qualification evaluations:
Demonstrated developer experience and familiarity with proiect scope
The candidates were asked and provided responses in this area based on
1. Presentation of the developer portfolio of comparable projects in scope and magnitude.
2. Quality and design uniqueness of other projects the developers have undertaken.
3. Experience and track record in developments that include a golf course and open space
areas.
4. Familiarity with the subject project area and corresponding challenges and opportunities.
5. Experience and ability to undertake a development that requires phasing and long term
commitment.
6. Ability to deliver a project that is consistent with the City and County goals of "Green"
sustainable development.
7. Ability to create a project that incorporates a healthy environment and living conditions.
S. Ability of developer team to articulate a vision for the site development and contemplated
mix of land uses.
Developer planning design and technical team experience
The developer teams, both in-house and contract consultants were evaluated in the following areas:
1. Team's overall experience and ability to undertake large multi-phased projects.
2. Understanding of the high demand for quality standards in design.
3. Understanding of the complexity of this project and the surrounding environment.
4.' Creativity in assembling the design component and use interaction.
5. Experience and familiarity with design and construction of golf course and mixed use
development.
6. Experience in designing open space and pedestrian amenities.
Meeting the RFQ's minimum requirements, goals and objectives
The RFQ outlined the following goals and objective based on the agreement the City executed with
the County, and the developers were evaluated based on the information they provided to prove
their ability to:
1. Maximize the amount of return to the County.
2. Minimize the amount of risk to the County.
3. Minimize the amount of time to complete entitlements or development.
P5
CONSIDERYPION OE RESI'ONSES'FO THE REQUEST FOR QUALIFICATION (RF~ FOR 1,200 ACRES, .PAGE S
SAN BEItNARDINO COUN'T'Y PROPERTY, LOCA'ITD NOR'T'H OF THE CITY BOUNDARY AND 1N 1'HE
CITY'S SPHERE OF INFLUENCE ~'1'I-IE PROPERTY IS LOCATED NOR'1'I-I OP BANYAN SII2EET ANll
APPROXIMATELY BF,
FEBRUARY 17, 2009
4. Give consideration to open space in the developable areas as well as the mitigation
land.
5. Recognize that the Property lies within two different planning jurisdictions, the City of
Rancho Cucamonga and the County of San Bernardino.
6. The County and City has significant interest in the design and ultimate development of the
Property.
Understanding of the Project challenges and requirements
The candidates were asked to provide information and were evacuated on their knowledge and
understanding of:
1. Topographic and geographic conditions of the site including the surrounding areas, the
mitigation land and the existing mining operations.
2. Surrounding low density residential development and how that impacts the project design.
3. The size and configuration of the project area.
4. Ecologic conditions of the site and how the development can be integrated without
substantial impacts.
5. Potential for sensitive biologic resources and how to mitigate any impacts.
6. Flood control issues including the existing levees on the northern edge of the project site.
7. Interagency and jurisdictional delineation that are involved in the review and entitlement
process.
Understanding and experience in the required environmental assessment and entitlement process
The developer teams were evaluated on their expertise in:
1. CEQA requirements and the necessary Environmental Review documents
2. Mitigation measures and threshold of significance for environmental impacts
3. Familiarity with regulatory agencies involved in the environmental review process
4. Understanding of new State regulations related to Green House -Gas emissions and
associated project impacts
5. Appropriate entitlement review processes including applicable General Plan Amendments,
Specific Plan and Code amendments, .development agreements, annexation applications
and appropriate design review processes
6. Legal issues and potential litigation associated with the required environmental review
Financial caoability and approach
Staff requested and evaluated the financial data to determine candidates' ability to undertake the
financial obligation to purchase the property and complete the entitlement process. The review
included evaluating the following data and information:
P6
CONSIDERATION OF RESPONSES TO TIME REQUEST FOR QUALIFICA'PION (RFQ FOR 1,200 ACRI S, PAGE 6
$AN BERNI\RDINO COUNTY PROPER"IY, LOCr\'1TD NORTH OF'1'HB CITY BOUNDARY AND IN TI-IE
CITY'S SPI-IERE OF INFLUENCE (TIiE PROPERTY IS LOCATED NORTFI OF BANYAN STREET AND
APPROXIMATELY BE
FEBRUARY 17, 2009
1. Audited annual financial statements, including total assets and debt obligations, income
statements and cash flow statements
2. Tax returns where applicable
3. Statement of assets and long and short term liabilities especially for 2008
4. Timelines-for Debt and other financial obligation instruments maturity and potential for
refinancing during the required entitlement period (expected to be 3 to 5 years)
5. Equity contribution of entities that make up the developer team
6. Ability to establish a Community Facilities District (CFD) for public infrastructure
7. Evaluation of any pending or potential litigation
Preliminary Concept
As indicated in the RFQ, the process at this point is primarily focused on ascertaining the
qualifications of the candidate to be selected for negotiation of the property purchase and
development agreement and not on the- uniqueness of creativity of the proposed development
concept. The RFQ contained a suggestion however, to include a preliminary design concept for the
development of the site. Five responses included conceptual site development programs that
identified potential land use mixes. and how they could be integrated with the mandatory
components of the project which include a 25 acre park and a golf course. Toll Brothers did not
include a concept but opted to provide detailed information on a similar development (Vista Del
Verde) they currently have under development in Yorba Linda as an illustrative example of what
they could propose and design on the project site. During later conversations with their
representative, they indicated that a concept development may be presented to the City Council
during their interview.
Evaluation,Summary
The following Table A summarizes the results of the staff evaluation of each candidate in the seven
primary categories discussed earlier in the report.
Conclusion
As indicated in Table A, all developer candidates appear to meet the minimum qualification
thresholds established in the evaluation criteria. As noted however, two of the candidates have not
yet submitted all of the requested financial data and City staff and the County Auditors/Controllers
Office will continue working with them to obtain and evaluate the most current data and provide a
conclusion to the City Council prior to final decision on the top two candidates. In making the
decision on the top two qualified candidates, it suggested the City Council evaluate each
candidate's financial capability, the vision for the development of the project site, the type of
development product they have successfully built on other projects, and the developer team's
expertise and capacity to carry out their vision over the long run and complete the development of
the property. It should be noted that there no standard questions were utilized by staff to assess the
teams' qualifications during the interviews conducted by staff. The City Council may wish to rely on
P7
CONSIDERATION OF RESPONSES TO TI-IE REQUEST FOR QUALIFICATION ~~ FOR 1,2OO ACRES, PAGE 7
SAN BERNARDINO COUNTY PROPERTY, LOCATED NORTH OF' THE C11Y BOUNDARY AND IN'I'HE
CITY'S $PI-IERE OF INFLUENCE ~TI1E PROPER'L'Y IS LOCATED NOR'PI-I OF BANYAN STREET AND
APPROXh'b(ATELY BE
FEBRUARY 17.2009
a similar format as is presented in this report for each of the seven areas listed on page 3 with the
details listed on page 3, 4, and 5 to conduct their evaluation.
The six developer teams were informed of the City Council interview schedule. They have indicated
that they all are prepared to make their presentations and answer any questions or present further
information the Council may deem necessary before making their decision. Staff asked the
candidates to limit their presentations to no more than 30 minutes to allow sufficient time for follow
up questions. In addition, as a professional courtesy to other competing teams, candidates were
asked to limit their attendance to the time slot they were scheduled for. It should be noted however;
that City Council meetings are subject to the Brown Act and this meeting must be kept open to the
public should any of them choose to attend otherwise.
During the interviews the City Council may ask questions and request any information deemed
necessary and appropriate to assist in making a decision on the qualified candidates. Some of the
answers or additional information may require time to produce and in such case it is suggested that
the candidates be directed to submit the follow up information to staff who will then forward the
information to the City Council for further review. It is also suggested by the developer-candidates
that field trips could be arranged to projects that have been recently completed or are in the process
of being developed to offer a better understanding of the quality and type of product each developer
team has been involved in. Staff can arrange for the trips as necessary if the. City Council so
chooses.
P8
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Leonard G. Glickman
K & K Developers
8383 Wilshire Boulevard, Suite 620
Beverly Hills, CA 90211
Steve Cameron
Foremost Communities
2151 Michelson Drive, Suite 190
Irvine, CA 92612
Richard A. Lewis
Rancho Alliance Investors, LLC
1156 North Mountain Avenue
Upland, CA 91785
James W. Boyd
Salvatore J. Provenza
Toll Brothers, Inc.
725 Town and Country Road, Suite 500
Orange, CA 92868
John H. Bray
Richland Communities
4100 Newport Place, Suite 800
Newport Beach, CA 92660
Adrian Foley
Brookfield Homes
3090 Bristol Street, Suite 200
Costa Mesa, CA 92626
~.
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~w e~q~gnDrN/ ,,
:r'
MARK H. UFFER
County Administrative Officer
February 4, 2009
Mr. Jack Lam
City Man=;aer
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729
Dear Mr. Lam:
BOARD OF SUPERVISORS
Brad Miv'.elfelt .............................. ............... First Distr'ici
Paul Biane ..............................._.... ........... Second District
Ncil Dcrry .........................__........ .............:77rird Uistrict
Gary C. Ovilt, Chai :...................... ............!•burth Diso'ict
Josic Gorvales, Vice Cirair ........... ............... F jd Uistrict
~C~C~~[~['~~
~~ ~ FEB 0 9 2009
The purpose of this letter is to address some scheduling and processing issues regarding the
development of 1,200 acres ("Property") of County Flood Control land adjacent to Rancho
Cucamonga. Paragraphs 4(b) and (c) of the June 2008 Cooperative Agreement between the
city and the county allow the city's best-qualified candidate recommendation .deadline to be
extended by agreement between the County Administrative Officer and the City Manager. The
original deadline was November 21, 2008. Since this deadline was not achieved, the county
requests it be revised to April 28, 2009.'
As you are aware, the city, in cooperation with the county, developed and distributed a Request
for Qualifications (RFQ) for interested and qualified parties to submit their qualifications and
credentials to the city regarding entitlement of the property. Responses -were subsequently
received by the city and are presently being reviewed. Concurrently, the county and district have
been diligently negotiating an option agreement for the purchase of the property. While these
option negotiations have nearly concluded, a completed survey of the 1,200 acres is still
F1Pnding. CCmplgtiOn Of an aCC:Jrate SUrVc~r rJf hhe propert}' IS..^.@C2SSahJ b2fore r^.rOC?Bding ~nnih
the option agreement.
The district and the county are now anticipating that the option agreement for the property will be
submitted for approval to the County Board of Supervisors on February 24, 2009. At that same
time, the Board is expected to declare the property as surplus and adopt a Resolution of Intent
to receive the proposals. After these actions are approved, the county must proceed with the
following:
Offer the surplus property to specified agencies in accordance with Government Code
Section 54220. These agencies have 60 days to respond to the surplus property notice.
Submit the project to the appropriate planning agencies pursuant to Government Code
Section 65402. The olannina agencies have 40 davs to resoond.
COUNTY OF
SAN BERNARDINO
County Administrative Office
385 North Arrowhead Avenue
San Bernardino, CA 924 1 5-0 120
(909)387-541R
FAX: (909) 387-5430
The mission of the government of the Comary of Sara Bernardino it to satisfy its custonaerr by providing service that promoter the
health, saJery, well being, and quality of life of zts residents acca-ding to the County Charter, general laws, and the will of7he
people it serves.
fit
Mr. Jack Lam
February 4, 2009
Page 2
• Publish a Notice of Adoption of the Resolution of Intent to receive the proposals. The
proposals and the city's recommendation cannot be received less than 60 days after the
adoption of the Resolution by the county, but the city may make its determination on its
recommendation at its convenience.
After allowing the required time for agencies to respond and the Resolution of Intent period to
run, the city will present all RFO responses to the county and make a recommendation
regarding the developer(s) for Areas "A" and "B" on April 28, 2009. The county will receive all
RFO responses from the city, and direct staff to review the submittals and report back to the
Board with recommendations.
In compliance with Section 4(c) of the Cooperative Agreement, please confirm your acceptance
of the revision to the schedule noted in the first paragraph of this letter by signing below and
returning a copy of this letter to my office. If you have any questions, please contact me, or
Gerry Newcombe, Deputy Administrative Officer, at (909) 387-9046.
Sincerely,
Mark H. Uffer /
County Administra ve Officer
MHU:va
c: Gerry Newcombe, Deputy Administrative Officer
Tim Johnson, Second Supervisorial District
Mahdi Aluzri, Deputy City Manager/Community Development
Jack Lam
City Manager
City of Rancho Cucamonga
~-~l- O~
Date
-~ 12
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
June 17, 2008
FROM: MARK OFFER, County Administrative OfFcer
County Administrative Office
SUBJECT: COOPERATIVE AGREEMENT WITH CITY OF RANCHO CUCAMONGA
RECOMMENDATION: Approve Cooperative (Agreement No. 08-497) and related Request For
Qualifications exhibit with the City of Rancho Cucamonga (City) regarding a project whereby the
City will assist the County in entitling .approximately 1,200 acres of property (the Property)
currently owned by the San Bernardino County Flood Control District by issuing a Request For
Qualifications (RFQ) seeking developer candidates to provide the funds and the administrative
processes to achieve the proposed entitlements.
BACKGROUND INFORMATION: The San Bernardino County Flood Control Distdct (District)
owns the Property, approximately 1,200 acres of land within the City's sphere of influence, that
District management indicates is no longer necessary to the District's needs. Part of the Property
is within the City's limits and the remainder is in the unincorporated area of the County.
The County is interested in acquiring part or all of the Property from the District and entering into
a Cooperative Agreement with the City to jointly plan for development of the area. The County's
Project concept would entail the County obtaining an option to purchase the Property from the
District at its appraised market value, entering into an agreement with a developer recommended
by the City to proceed with entitling the property to ensure that a responsible development plan is
created for the area, and ultimately exercising its option to purchase the Property from the District
at an enhanced value to the County's benefit.
The proposal is intended to achieve a number of substantial financial and planning benefits to the
County and District, as follows:
• The District would receive fair market value for the Property through the option agreement
with the County, receiving periodic option payments and ultimately the entire agreed upon
purchase amount from the County.
• The County, working with the City and developer, would be able to enhance the value of
the Property through the entitlement process, resulting in a financial benefit to the County
when the Property is ultimately sold. The amount of enhanced value would be dependent
upon market conditions at the time of completion of the entitlements.
Page 1 of 2
CAO - Kanoid w/agreement 8
attachment
Contractor c!o Dept. w/agreement &
attachment
Periculum~/o Risk Management
w/agreement 8 attachment
ACR-Accounts Payable Manager
w/agreement 8 attachment
Risk Management
CAO -Offer
LUSD
Public Works
RESD
County Counsel - Hinesley
File -Agreements w/attachment
6/18/08
Record of
of Supervisors
MOTION A; ~~ ~ ~ ~ 4VE SE50ND
BY
DATED: June 17,
~l n nn_ ~ ~!/_ ITEM 061
I
FOR COUNTY USE ONLY
couxrr
~~
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
~~ ; ~ -
New
Change
Cancel Vendor Code ~~ Dept. ~ Contract Number
~V ~ • ~r
a !~ .
County Department -
County Administrative Office _ Dept. Orgn.~
CAO Contractor's License No.
County Departrnent Contract Representative
Norman Kanold Telephone ~
387-4532 Total Contract Amount
n/a
Contract Type
^ Revenue ^ Encumbered ^ Unencumbered - ® Other:
If not enambered or revenue contract type, provide reason:
Commodity Code Contac6 Start Date Contrail End Date
Original Amount Amendment Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
n/a
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name
. FY Estlmated Payment Total by Fiscaf Year
Amount I/D ~ FY Amount I/D
1200 acre development
CONTRACTOR City of Rancho Cucamonga
Federal ID No. or Social Security No.
Contractor's Representative Jack Lam, City Manager
Address 1500 Civic Center Drive Rancho Cucamon a CA 91730 Phone
Nature of Contract: (Briefly describe the general terms of the contract)
cooperative agreement between the City of Rancho Cucamonga (City) and County, whereby City agrees
:o assist County in entitlement process for approximately 1200 acres of surplus Flood Control District
and in the City's sphere of~influence. Under the agreement, City agrees to release an RFQ and conduct
selection process for a developer to entitle the property.
Attach this transmittal to all contracts not prepared on the °Standard Contract" form.)
,pprove~ to L gal F~ (sig 41ue ink) ReJiewebd as to Contract Compliance Pro~onre~
ate /T/~/Q~ ~ Date
Department Head
Date
Auditor/Controller-Recorder Use Onl
^IContreetlDatabase ,:k.: q~FAS° : ' :'
Input Dais ": ,?Ifeyad By:: ~. '.
~~
Cooperative Agreement
Between
The County of San Bernardino
and
The City of Rancho Cucamonga
Regarding the Development of Approximately 1200 Acres
Located North of the•210 Freeway in the Rancho Cucamonga Area
Page 1 of 16
s l%
This cooperative agreement ("Agreement") between the County of San Bernardino
("COUNTY") and the City of Rancho. Cucamonga ("CITY") is entered into as of the date
approved by both parties..
RECITALS n
WHEREAS, the COUNTY intends to acquire approximately 1200 acres of property,
including 385 acres of mitigation land, located north of the 210 Freeway in the Rancho
Cucamonga area ("Property"). A portion of the Property is located in the incorporated limits of
the CITY and the balance is located in the unincorporated azea of the COUNTY, but within the
sphere of influence of the CITY. The legal description and a map of the Property aze attached as
Exhibit A, Property Map and Legal Description; and,
WHEREAS, the COUNTY wishes to enhance the value of the Property by entitling the
Property with the assistance of a private developer or consultant; and,.
WHEREAS, since the Property is partially located in the CITY's boundaries and
otherwise within the sphere of influence of the CITY, the parties deem. it appropriate that the
CITY participate in the selection of the private developer or consultant.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
l)UALIFICATIONS ("RFO"): The CITY shall, in cooperation with the COUNTY, develop,
prepaze and distribute a RFQ inviting all interested and qualified parties to submit their
qualifications and credentials to the CITY regarding the development and/or entitlement of the
Property. The RFQ shall be as set forth in Exhibit B, RFQ. The County Administrative Officer
("CAO") and the. City Manager aze authorized to issue addenda or amendments to the RFQ.
2. INDEPENDENT CONTRACTOR: The CITY shall act in the capacity of an
independent contractor and this Agreement shall not be construed to constitute a joint venture,
partnership or any other legal relationship that shazes liabilities and benefits unless specifically
set forth in this Agreement.
3. COSTS: Each party shall bear its own costs with respect to its duties and responsibilities
under this Agreement.
4. SCHEDULE:
a. CITY shall issue the RFQ no later than July 7, 2008, which shalt require
responses to be submitted no later than September 12, 2008.
b. Review of the responses and recommendation of the best-qualified candidates
from CITY to the COUNTY'S Board of Supervisors ("Board") shall be completed
no later than November 21, 2008.
c. The above dates may be extended up to one year by agreement between the
County Administrative Officer ("CAO") and the City Manager.
Page 2 of 16
eI6
5. SELECTION OF CANDIDATES: All responses will be subject to a review process
developed by the CITY and COUNTY. The evaluation will be based on the written responses but
may include follow up interviews of the proposers key personnel and/or employees and visits to
developments created by the proposers. After reviewing responses to the RFQ and conducting
any appropriate follow up interviews and investigation, the CITY shall forward all responses to
the COUNTY and make a recommendation to the COUNTY'S Board of Supervisors ("Boazd")
of the top two (2) best-qualified candidates ("Candidate(s)") to assist the COUNTY in entitling
or developing each of the two sub-azeas of the Property described in the RFQ, Area "A" and
Area "B". The top two (2) best-qualified Candidates for Area "A" may be the same or different
from the top two (2) best-qualified .Candidates for Area "B". The City shall rank the top two (2)
recommended best-qualified Candidates for each Area. The City shall not otherwise rank the
responses fonwazded to the COUNTY. The CITY's proposal review committee shall include, as
non-voting members, three (3) delegates from the COUNTY. The COUNTY Administrative
Officer ("CAO") is authorized to select the COUNTY delegates. Primary consideration shall be
given to the effectiveness, experience and financial capability of the proposer to perform based
on demonstrated past performance, reference checks and other information in the possession of
or accessible to the City and County. Additionally, strong consideration shall be given to
proposers who can demonstrate the experience, competence, dependability and ability to:
• Maximize the amount of return to the COUNTY.
• Minimize the amount of risk to the COUNTY.
• Minimize the amount of time to complete entitlements or development.
• Give consideration to open space in the developable areas as well as the
mitigation land.
The CAO in consultation with the CITY Manager is authorized to conduct:
a. A background check to determine whether the Candidates, their officers or employees have
a criminal history or poor reputation in the community.
b. A fiscal analysis to measure the financial strength, stability and resources of the
Candidates.
c. A background check to determine whether any Candidate, officer or employee is a former
official, officer or employee of the COUNTY.
Final selection of the successful Candidate(s) for each Area of the Property will be by the Boazd
consistent with COUNTY policy, State law and the recommendation of the CITY, except that the
Boazd may reject one or more of the CI'I'Y's recommended Candidates by a unanimous vote of
those Supervisors present at the meeting. If the Boazd rejects both of the CITY'.s recommended
Candidates for either or both Areas, the Boazd may select any other proposer to be the selected
Candidate(s) for such Area(s).
Upon selection by the Boazd, the COUNTY shall promptly enter into negotiations with each Area's
top ranked Candidate for an Entitlement Agreement covering each Area If the negotiations with
either Area's top ranked Candidate do not result in a Boazd approved Entitlement Agreement for the
Area by the 180a' day after Candidate selection by the Boazd, the COUNTY shall cease negotiations
with the top ranked candidate and promptly enter into negotiations with that Area's second ranked
Page 3 of 16
- ~ ~ F?? 7
candidate. Similazly, if negotiations are needed with either Area's second ranked Candidate, and
those negotiations do not result in a Board approved Entitlement Agreement for the Area by the
180a' day after the Board determines to negotiate with the second ranked Candidate, the COUNTY
shall cease negotiations with the second ranked candidate and promptly determine whether to enter
into negotiations with any other Candidate for the Area or to ternnate the process. Additionally,
the COUNTY may at any time during the negotiations with any Candidate for an Area, declaze the
negotiations have failed and move immediately to negotiate with the next selected Candidate for
that Area. The Entitlement Agreement shall include a Design Review Committee consisting of 2
CITY Council members and the COUNTY'S Second District Supervisor. The Design Review
Committee shall be provided technical assistance by each party's staff as needed
6. PRE-ANNEXATION AGREEMENT: Upon final approval of the Entitlement
Agreement(s) by the COUNTY, the parties agree to enter into good, faith negotiations fora pre-
. annexation agreement setting forth sufficient criteria to ensure that any portion of the Property
located in the unincorporated area of the COUNTY will be developed substantially consistent
with the development requirements of the CITY to allow for annexation into the CITY prior to
recording of any final maps. Additionally, the pre-annexation agreement shall set forth the
parties understanding on the formation of a Community Facilities District to construct certain
public infrastructure to serve the Property, including but not limited to sewers, storm drains,
detention basins, streets and utilities.
7. STATE AND LOCAL LAWS: The RFQ shall be developed and distributed in
compliance with all state and local laws and regulations; including but not limited to the
applicable real estate policies and RFQ selection processes of the COUNTY.
8. TERMINATION: Either party may terminate this Agreement with 30 days notice to the
other. Each party will bear its own costs.
9: NO SUBCONTRACTING: The CITY will not subcontract any portion of the work to
be performed under this Agreement unless specifically authorized in writing by the COUNTY'S
CAO.
10. HOLD HARMLESS:
a. The CITY agrees to indemnify, defend (with counsel approved by COUNTY) and
hold harmless the COUNTY and its officers, employees, agents and volunteers from any and all
claims, actions, losses, damages, and/or liability arising out of its obligations under this
Agreement. The CITY's indemnification obligation shall survive the termination of the
Agreement.
b. COUNTY- agrees to indemnify and hold harmless the CITY, its officers, agents,
volunteers from any and all claims, actions or losses, damages, and/or liability resulting from the
COUNTY'S acts or omissions which arise from the COUNTY'S performance of its obligations under
this Agreement. The COUNTY'S indemnification obligation shall survive the temvnation of the
Agreement.
c. In the event the COUNTY and/or the CITY is found to be comparatively at fault for
any claim, action, loss or damage which results from their respective obligations under this
Page 4 of 16
~~~
Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative
fault.
d. Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for
Workers Compensation benefits paid to an employee, the COUNTY and CITY agree that any
alleged negligence of the employee shall not be construed against the employer of that employee.
. 11. INCORPORATION OF PRIOR AGREEMENT: This Agreement contains all of the
agreements of the parties hereto with respect to any matter covered or mentioned in this
Agreement, and no prior agreement or understanding pertaining to any such matter shall be
effective for any purpose.
12. WAIVERS: No waiver by either party of any provisions of this Agreement shall be
deemed to be a waiver of any other provision hereof or of any subsequent breach by either party
of the same or any other provisions.
13. AMENDMENTS: No provision of this Agreement may be amended or added to except
by an agreement in writing signed by the parties hereto or their respective successor in interest,
expressing by its terms an intention to modify this license.
14. SUCCESSORS: This Agreement shall inure to the benefit of and be binding upon the
heirs, executors, administrators, successors, and assigns of the parties hereto.
15. EXHIBITS: All exhibits referred to are attached to this Agreement and incorporated by
reference.
16. CAPTIONS AND COVER PAGE: The paragraph captions and the cover page of this
Agreement shall have no effect on its interpretations.
17. SEVERANCE: If any provision of this Agreement is determined to be void by any court
of competent jurisdiction, then such determination shall not affect any other provision of this
Agreement, and all such other provisions shall remain in full force and effect provided, however,
that the purpose of the Agreement is not frustrated. It is the intention of the parties hereto that if
any provision of this Agreement is capable of two constructions, one of which would render the
provision void and the other of which would render the provision valid, then the provision shall
have the meaning which renders it valid.
18. NOTICES: Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other party, or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail. Any such notice,
demand, request, consent, approval, or communication that either party desires or is required to
give to the other party shall be addressed to the other party at the address set forth below. Either
party may change its address by notifying the other party of the change of address. Notice shall
be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as
provided in this paragraph.
Page 5 of 16
_ ,k.5 ~,1
COUNTY's address: Real Estate Services Department
Attention: Director of Real Estate Services
825 East Third Street
San Bernardino, Ca 92415-0835
CITY's address: City Manager .
Attention: Jack Lam
10500 Civic Center Drive,
Rancho Cucamonga, CA, 91730
19. SURVIVAL: The obligations of the parties, which, by their nature, continue beyond the
term of this Agreement, will survive the termination of this Agreement.
20. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or
declare any party's rights hereunder, each party, including the prevailing party, must bear its own
costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly
arising from any third party legal action against a party hereto and payable under Paragraph 10,
HOLD HARMi ESS.
21. FORMER COUNTY OFFICIALS: CITY agrees to provide or has already provided
information on former COUNTY administrative officials (as defined below) who aze employed
by or represent CITY. The information provided includes a list of former COUNTY
administrative officials who temvnated COUNTY employment within the last five years and
who are now officers, principals, partners, associates or members of the business. The
information should also include the employment and/or representative capacity and the dates
these individuals began employment with or representation of your business. For purposes of this
provision, "COUNTY administrative .official" is defined as a member of the Boazd of
Supervisors or such officer's staff, COUNTY Administrative Officer or member of such
officer's staff, COUNTY department or group head, assistant department or group head, or any
employee in the Exempt Group, Management Unit or Safety Management Unit.
22. MATERIAL MISREPRESENTATION:
a. If during the course of the administration of this Agreement,' the COUNTY
determines that the CITY has made a material misstatement or misrepresentation or that
materially inaccurate information has been provided to the COUNTY, this Agreement may be
immediately terminated. L° this Agreement is terminated according to this provision, the
COUNTY is entitled to pursue any available legal remedies.
b. If during the course of the administration of this Agreement, the CITY determines
that the COUNTY has made a material misstatement or misrepresentation or that materially
inaccurate information has been provided to the CITY, this Agreement may be immediately
ternnated. If this Agreement is terminated according to this provision, the CITY is entitled to
pursue any available legal remedies.
Page 6 of 16
~~
23. INTERPRETATIONS: As this Agreement was jointly prepared by both parties, the
language in all parts of this Agreement shall be construed, in all cases, according to its fair
meaning, and not for or against either partyhereto.
24. AUTHORIZED SIGNATORS: Both parties to this Agreement represent that the
persons executing this Agreement aze fully authorized to sign this Agreement to bind their
respective party.
CITY OF RANCHO CUCAMONGA
Dr. Donal . I urth, Mayor
Dated: ~'~9 ~(~
COUNTY OF SAN BERNARDINO
Paul Biane, airman, Boazd of Supervisors
Dated: JUM 17 2008
SIGNED AND CE T A COPY OR THIS
DOCUMENT p D TO THE
CHAIRMAN ~s
_ „Y.,...~.,. o
~ o Se ernazdino
7~
By
~fYU G
Dated:
APPROVED AS TO LEGAL FORM
RUTH E. STRINGER
CO COUNSEL
~~~~
Rex A inesley, Chief Assistant unty Counsel
Dated:
295589.11
Page 7 of 16
e•_
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EXHIBIT "A"
Property Map and Legal Description
f.
Page 8 of 16
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LEGAL DESCRIPTION
AREA "A"
775 ACRES, APPROXIMATELY
PARCEL 1:
APNS: 1087.071-01, 1087-071-02, 1087-051-03, 1087.071-04, 1087-051-07,1087.051-11,
1087-071-12, 1087-071-13, 1087.071-14, 1087.071-18, 1087-071-19, 1087-071-20.
ALL OF SECTION 19, TOWNSHIP i NORTH, RANGE 6 WEST; SAN BERNARDINO MERIDIAN, CONVEYED TO
THE SAN BERNARDINO COUNTY FLOOD COMROL DISTRICT IN;
DOCUMENT RECORDED JANUARY 25, 1940, IN BOOK 1385, PAGE 181 AND IN
DOCUMENT RECORDED JANUARY 30, 1942, IN BOOK 1522, PAGE 62, AND IN
- DOCUMENT RECORDED JULY 29,1959, IN BOOK 4887, PAGE 518, AND IN
DOCUMENT RECORDED AUGUST 26, 1959, IN BOOK 4913, PAGE 52 AND IN
DOCUMENT RECORDED OCTOBER 9, 1940, IN BOOK 1438, PAGE 81 AND IN
DOCUMENT RECORDED JANUARY 25, 1940 IN BOOK 1385, PAGE 132, AND IN
DOCUMENT RECORDED NOVEMBER 30, 1945, IN BOOK 1844, PAGE 26,
ALONG WITH THOSE PARTS CONVEYED TO SAN BERNARDINO COUNTY, BY
DOCUMENT RECORDED OCTOBER 27,1945, IN BOOK 1838, PAGE 145, AND BY
DOCUMENT RECORDED IN OCTOBER 27, 1945, IN BOOK 1812, PAGE 342, OFFICIAL RECORDS OF SAID
COUNTY AND THEN TRANSFERRED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY
THAT MASS TRANSFER DOCUMENT RECORDED APRIL 23, 1946 IN BOOK 1895 PAGE 339, ALL OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY. .
EXCEPTING THEREFROM THAT PORTION OF SECTION 19 DESCRIBED AS THE NORTHERLY 2,200.00 FEET
OF THE NORTHEAST QUARTER OF SAID SECTION 19 AND THE NORTHERLY 2,200.00 FEET OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 19 IN THAT OPEN SPACE EASEMENT DOCUMENT
.RECORDED JUNE 9, 1987°AS fNSTRUMENT NUMBER 87-194788, OFFICIAL RECORDS OF SAID COUNTY.
PARCEL 2:
APNS: 0225-091-06, 0225-091-05, 0225-092-01, 0225-152-07, 225-152-08, 225-152-09, 0225-152-10, 0225-152-11,
0225-152-15.
THOSE PORTIONS OF THOSE PARTS OF THE NORTH HALF AND OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, SAID PARTS
CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT IN;
DOCUMENT RECORDED AUGUST 21, 1940, IN BOOK 1425, PAGE 478, AND IN
DOCUMENT RECORDED JANUARY 25, 1940, IN BOOK 1385, PAGE 181 AND IN
DOCUMENT RECORDED JULY.6, 1944, IN BOOK 1696, PAGE 124, AND IN
DOCUMENT RECORDED MARCH 21, 1940, IN BOOK 1405, PAGE 29, AND IN
DOCUMENT RECORDED MARCH 6; 1941, IN BOOK 1467, PAGE 361, ANDALONG WITH THOSE PARTS
CONVEYED TO SAN BERNARDINO COUNTY, BY DOCUMENT RECORDED OCTOBER 27, 1945, IN BOOK 1809,
PAGE 407, OFFICIAL RECORDS OF SAID COUNTY AND THEN TRANSFERRED TO THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT BY THAT MASS CERTAINTRANSFER DOCUMENT RECORDED APRIL 23,
1946 IN BOOK 1895 PAGE 339, ALL OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, SAID PORTIONS
BEING ALL OF SAID PARTS DESCRIBED AS FOLLOWS:
EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 30 CONVEYED TO THE CHAFFEY JOINT
Page 10 of 16
~,,-„
~~.
UNION HIGH SCHOOL DISTRICT, BY DOCUMENT RECORDED SEPTEMBER 13, 2000 AS INSTRUMENT
NUMBER 2000-0333231, OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 30 CONVEYED TO THE CITY OF RANCHO
CUCAMONGA, BY DOCUMENT RECORDED MAY 10, 1991 AS INSTRUMENT NUMBER 1991-159961, OFFICIAL
RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, LYING WITHIN THAT
PARCEL OF LAND DESCRIBED AS THE WEST 165 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30 IN DOCUMENT RECORDED
APRIL 21, 2008 AS INSTRUMENT NUMBER 2008-0175732, OFFICIAL RECORD OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, LYING WITHIN THAT
PARCEL OF LAND DESCRIBED AS THE WEST 330 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30 IN DOCUMENT RECORDED
MARCH 24, 2005, 200 AS INSTRUMENT NUMBER 2005-D203492, OFFICIAL RECORD OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, LYING WITHIN TRACT
1385 RECORDED IN BOOK 262 OF MAPS; PAGE 14, RECORDS OF SAN BERNARDINO COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, LYING WESTERLY OF THE
EAST 100.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 30.
ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN DAY CREEK CHANNEL.OR ANY
APPURTANENCESTHERETO.
PARCEL 3:
APN 0201-191-27
THAT PORTION OF THAT PARCEL LOCATED IN THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 25,
TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AND DESCRIBED IN DEED TO THE SAN BERNARDINO COUNTY F1O0D CONTROL
DISTRICT, RECORDED OCTOBER 10, 1961, IN BOOK 5556, PAGE 397 OFFICIAL RECORDS OF SAID COUNTY,
SAID PORTION OF SAID PARCEL DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 25;
THENCE SOUTH 89° 15' 03" WEST ALONG THE NORTH LINE OF SAID SECTION 25, A DISTANCE OF 453.11
FEET TO A POINT OF INTERSECTION WITH A LINE PARALLEL AND CONCENTRIC WITH AND 99.00 FEET
EASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF PARCEL MAP 10771, AS
RECORDED IN PARCEL MAP BOOK 118, PAGES 59.60, RECORDS OF SAID COUNTY;
THENCE ALONG SAID PARALLEL AND CONCENTRIC LINE, SOUTH 00° 57' 43" EAST, A DISTANCE OF 462.89
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
1675.26 FEET;
THENCE CONTINUING ALONG SAID PARALLEL AND CONCENTRIC LINE, SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 23° 15' 39", AN ARC DISTANCE OF 680.12 FEET;
Page I I of I6
~2
THENCE ALONG SAID PARALLEL AND CONCENTRIC LINE, SOUTH 22° 17' S6" WEST, A DISTANCE OF 1550.96
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
1984.70 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 49' 15", AN ARC
DISTANCE OF 97.71 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4
OF SAID SECTION 25;
THENCE NORTH 89° 18' 17° EAST ALONG SAID SOUTH LINE, A DISTANCE OF 1209.16 FEET TO THE
SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION
25;
THENCE NORTH 0° 20' Ot" WEST ALONG THE EAST LINE OF SAID NORTHEAST 1/4 OF SECTION 25, A
DISTANCE OF 2644.16 FEET (RECORD 2652.20 FEET PER BOOK 5556, PAGE 397, OFFICIAL RECORDS) TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM PARCEL MAP 12779, AS RECORDED IN PARCEL MAP BOOK 161, PAGES 34-35,
RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN QUITCLAIM DEED TO THE CITY OF RANCHO
CUCAMONGA, RECORDED MARCH 7, 1989, IN INSTRUMENT #89-081578, OFFICIAL RECORDS OF SAID
COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN GRANT DEED TO THE CITY OF RANCHO
CUCAMONGA, RECORDED MAY 10; 1991, IN INSTRUMENT #91-159961, OFFICIAL RECORDS OF SAID _
COUNTY.
ALSO EXCEPTING THEREFROM ALL THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 25;
THENCE NORTH 00°20'01' WEST, ALONG THE EAST LINE OF SAID SECTION 25, A DISTANCE OF 624.64 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00°20'01' WEST ALONG SAID EAST LINE, A DISTANCE OF 459.00 FEET;
THENCE AT RIGHT ANGLES TO SAID EAST LINE SOUTH 69°39'59" WEST, A DISTANCE OF 60.00 FEET TO A
POINT IN THE WEST RIGHT-OF-WAY LINE OF MILLIKEN AVENUE AS DESCRIBED IN EASEMENT DEED TO THE
CITY OF RANCHO CUCAMONGA, RECORDED OCTOBER 31, 2002 IN INSTRUMENT #2002.0566505, OFFICIAL
RECORDS OF SAID COUNTY;
THENCE SOUTH 42° 10'37' WEST, A DISTANCE OF 32.56 FEET;
THENCE SOUTH 69°39'59' WEST, A DISTANCE OF 204.00 FEET;
THENCE SOUTH 00°20'01' EAST, PARALLEL WITH THE EAST LINE OF SAID SECTION 25, A DISTANCE OF
435.00 FEET;
THENCE NORTH 89°39'59' EAST, A DISTANCE OF 286.00 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN DEER CREEK CHANEL OR ANY
APPURTANENCESTHERETO.
Page 12 of 16
Fs1
PARCEL 4:
APN 1074351-01, 1074351-06
THOSE PORTIONS OF THOSE PARCELS LOCATED IN THE EAST HALF OF THE EAST HALF OF SECTION 24,
TOWNSHIP 1 NORTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, SAID PARCELS DESCRIBED IN DOCUMENT TO THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, RECORDED OCTOBER 24, 1983, AS INSTRUMENT NUMBER 1983-248834, AND IN
DOCUMENT RECORDED MARCH 21, 1940, IN BOOK 1405, PAGE 29, BOTH OF OFFICIAL RECORDS OF SAID
COUNTY.
EXCEPTING THEREFROM ANY PORTIONS OF SAID PARCELS THEREOF LYING WESTERLY OF THE
EASTERLY 450.00 FEET OF THE SOUTH HALF OF THE SAID EAST HALF OF THE EAST HALF OF SAID
SECTION 24.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WESTERLY OF THE OF THE EAST LINE OF
A STRIP OF LAND, 140.00 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 24, SAID POINT
DISTANT NORTH 89°44'05" WEST, A DISTANCE OF 529.59 FEET FROM A SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT MONUMENT MARKING THE EAST QUARTER CORNER OF SAID SECTION 24; THENCE
NORTH 00°00'21 °EAST A DISTANCE OF 873.49 TO THE BEGINNING OF A TANGENGENT CURVE, CONCAVE
WESTERLY AND SOUTHWESTERLY AND HAVING A RADIUS OF 3005.73 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE AN ARC DISTANCE OF 1634.59 FEET THROUGH A CENTRAL ANGLE OF 31 °09'32";
THENCE NORTH 31°09'11" WEST A DISTANCE OF 240.86 FEET TO THE POINT OF TERNINATION IN THE
NORTH LINE OF SAID SECTION 24, SAID POINT BEING DISTANT NORTH 89°50'55" WEST, ALONG SAID
NORTH LINE A DISTANCE OF 1116.60 FEET FROM A SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 24.
THE SIDELINES OF SAID STRIP SHALL BE LENGHED OR SHORTENED SO AS TO BEGIN ON THE SAID SOUTH
LINE OF THE NORTH HALF OF THE EAST HALF OF THE EAST HALF OF SAID SECTION 24 AND TO END ON
THE SAID NORTH LINE OF SAID SECTION 24.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN DEER CREEK CHANNEL OR ANY
APPURTANCES THERETO.
Page 13 of 16
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AREA "B"
40 ACRES, APPROXIMATELY
APN 1074-351-01, 1074-351-04, 1074-351-05.
PORTIONS OF THOSE PARCELS LOCATED IN THE EAST HALFOF THE NORTHEAST OUARTER AND IN EAST
HALF OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 7 WEST, SAN
BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID PARCELS
DESCRIBED IN DOCUMENT TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED
AUGUST 11, 1981 , AS INSTRUMENT NUMBER 1981-177789, AND IN DOCUMENT RECORDED MARCH 21, 1940,
IN BOOK 1405, PAGE 29, AND IN DOCUMENT RECORDED OCTOBER 9, 1979 IN BOOK 9788, PAGE 179, AU_ OF
OFFICIAL RECORDS OF SAN BERNARDINO COUNTY:
EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING EASTERLY OF THE OF THE WEST LINE OF A
STRIP OF LAND, 140.00 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SAID EAST HALF OF THE EAST
HALF OF SAID SECTION 24, SAID POINT DISTANT NORTH 89°44'05" WEST, A DISTANCE OF 529.59 FEET
FROM A SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT MONUMENT MARKING THE EAST
QUARTER CORNER OF SAID SECTION 24;
THENCE NORTH 00°00'21 "EAST A DISTANCE OF 873.49 TO THE BEGINNING OF A TANGENT CURVE, .
CONCAVE WESTERLY AND SOUTHWESTERLY AND HAVING A RADIUS OF 3005.73 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 1634.59 FEET THROUGH A CENTRAL ANGLE
OF 31 °09'32"; THENCE NORTH 31°09'11" WEST A DISTANCE OF 240.86 FEET TO THE POINT OF
TERNINATION IN THE NORTH LINE OF SAID SECTION 24, SAID POINT BEING DISTANT NORTH 89°50'55"
WEST, ALONG SAID NORTH LINE A DISTANCE OF 1116.60 FEET FROM A SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 24.
THE SIDELINES OF SAID STRIP SHALL BE LENGHED OR SHORTENED SO AS TO BEGIN ON THE SAID SOUTH
LINE OF THE NORTH HALF OF THE EAST HALF OF THE EAST HALF OF SAID SECTION 24 AND TO TERMINATE
ON THE SAID NORTW LINE OF SAID SECTION 24. ,
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING SOUTHERLY AND SOUTHWESTERLY
FROM THE NORTHERLY AND NORTHEASTERLY LINE OF A STRIP OF LAND, 100 FEET WIDE, THE
CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 24, SAID POINT DISTANT SOUTH 00°57'36" WEST ALONG SAID WEST LINE, A DISTANCE OF 6.84
FEET FROM THE NORTHWEST CORNER THEREOF THENCE SOUTH 70°29'ST EAST A DISTANCE OF 46.84
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
1002.39 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 1165.78 THROUGH A
CENTRAL ANGLE OF 66°38'05"; THENCE SOUTH 03° 51' 52'EAST, A DISTANCE OF 250.98 FEET: THENCE
SOUTH 00°41'08" WEST, A DISTANCE OF 1495.30 FEET TO THE POINT OF TERMINATION IN THE SOUTH LINE
OF SAID SECTION 24, SAID POINT BEING DISTANT NORTH 89°46'53" WEST, ALONG SAID SOUTH LINE, A
DISTANCE OF 564.88 FEET FROM A SAN BERNARDINO COUNTY BRASS DISC MONUMENT MARKING THE
SOUTHEAST CORNER OF SAID SECTION 24.
THE SIDELINE OF SAID STRIP OF LAND SHALL BE LENGHTHENED OR SHORTENED SO AS TO BEGIN AND
TERMINATE ON THE SAME LINES AS THE HEREINBEFORE DESCRIBED CENTERLINES BEGIN AND END
UPON.
EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN HILLSIDE CHANNEL AND / OR DEER
CREEK CHANNEL OR ANY APPURTANENCES THERETO.
Page 14 of 16
MITIGATION LAND
385 ACRES, APPROXIMATELY
PARCEL 1:
APNS: 1087-071-01, 1087-071.05,1087.071-06, 1087-071-07, 1087-071-08,
1087-071-09, 1087.071.10, 1087-071-11,1067-071-12, 1087.071-13,1087-071-14.
THOSE PORTIONS OF THOSE PARTS OF THE NORTH HALF OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 6
WEST, SAN BERNARDINO MERIDIAN, SAID PARTS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT IN DOCUMENT RECORDED DECEMBER 22, 1959 IN BOOK 5015, PAGE 291 AND IN
DOCUMENT RECORDED JANUARY 30, 1942 IN BOOK 1522, PAGE 62, AND IN DOCUMENT RECORDED APRIL
11, 1952 IN BOOK 2931, PAGE 185, AND IN DOCUMENT RECORDED JULY 29, 1959, IN BOOK 4887, PAGE 518,
AND IN DOCUMEM RECORDED AUGUST 26, 1959 IN BOOK 4913, PAGE 52 AND IN DOCUMENT RECORDED
OCTOBER 9, 1940 IN BOOK 1438, PAGE 81 AND IN DOCUMENT RECORDED FEBRUARY 13, 1985 AS
INSTRUMENT NUMBER 8S'-034328, ALONG WITH THAT PART CONVEYED IN A DOCUMENT TO SAN
BERNARDINO COUNTY, RECORDED OCTOBER 27, 19451N BOOK 1612, PAGE 342, AND THEN TRANSFERRED
TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY THAT MASS TRANSFER DOCUMENT
RECORDED APRIL 23, 1946 IN BOOK 1895 PAGE 339, ALL OF OFFICIAL RECORDS OF SAN BERNARDINO
COUNTY, SAID PORTIONS BEING ALL OF SAID PART DESCRIBED AS FOLLOWS:
THE NORTHERLY 2,200.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 19 AND THE NORTHERLY
2,200.00 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 19.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN DAY CREEK CHANNEL OR ANY
APPURTANENCES THERETO.
PARCEL 2:
APN: 0201-281-19
THOSE PORTIONS OF THOSE PARTS OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 7
WEST, SAN BERNARDINO MERIDIAN, SAID PARTS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT IN DOCUMENT RECORDED DECEMBER 23, 1976 IN BOOK 9079, PAGE 802, OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, SAID PORTIONS BEING ALL OF SAID PARTS DESCRIBED AS
FOLLOWS:
EXCEPTING THEREFROM; THAT PORTION THEREOF LYING WITHIN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER, OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTH
HALF OF SECTION 13.
ALSO EXCEPTING THEREFROM; THAT PORTION THEREOF LYING WITHIN THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
13.
ALSO EXCEPTING THEREFROM; THAT PORTION THEREOF LYING WITHIN THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
13.
ALSO EXCEPTING THEREFROM; THAT PORTION THEREOF LYING SOUTH OF A LINE DESCRIBED AS
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE ALONG THE EAST LINE OF SAID
Page 15 of 16
t~-t;3
SECTION, 602.38 FEET; THENCE WESTERLY TO THE POINT OF TERMINATION IN THE WEST LINE OF SAID
SECTION, SAID POINT BEING 651.51 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 13.
ALSO EXCEPTING THEREFROM; THAT PARCEL OF LAND IDENTIFIED AS PARCEL A IN A GRANT DEED TO
THE CUCAMONGA COUNTY WATER DISTRICT 8Y DOCUMENT RECORDED MARCH 24, 1986 AS INSTRUMENT
NUMBER 86-075667, OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM; ANY PORTIONS THEREOF LYING WITHIN A STRIP OF LAND 124.00 FEET IN
WIDTH, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS;
COMMENCING AT A ROCK MONUMENT, WITH R.E. TAG 4742, MARKING THE WEST QUARTER CORNER OF
SAID SECTION 13; THENCE SOUTH 89°50'01 "EAST, ALONG THE NORTH LINE OF SAID SOUTH HALF, A
DISTANCE OF 2396.59 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 31°'09' 11" WEST, A DISTANCE
OF 3071.79 FEET TO THE POINT OF TERMINATION IN THE SOUTH LINE OF SAID SECTION 13, SAID POINT
BEING DISTANT ALONG SAID SOUTH LINE NORTH 89°50'S5"WEST A DISTANCE OF 1116.60 FEET.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO BEGIN ON THE SAID
NORTH LINE OF THE SOUTH HALF OF SECTION 13 AND TO TERMINATE ON THE SAID SOUTH LINE OF SAID
SECTION 13.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN DEER CREEK CHANNEL OR ANY
APPURTANCESTHERETO.
Page 16 of 16
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1
EXHIBIT "B"
REQUEST FOR QUALIFICATIONS
FOR ENTITLEMENT OF PROPERTY IN THE
RANCHO CUCAMONGA AREA
301188.09
13 i
REQUEST FOR QUALIFICATIONS
FOR ENTITLEMENT OF PROPERTY IN TFIE
RANCHO CUCAMONGA AREA
I. INTRODUCTION:
The County of San Bemazdino ("County") desires to acquire approximately 1200 acres of property, including
385 acres of mitigation land, ("Property") located within the Rancho Cucamonga area. The County is exploring
the possibility of joint venturing with private developers pursuant to California Government Code Section
25515 et seq. to entitle the Property. This Request for Qualifications ("RFQ") is an opportunity for those
developers ("Candidate(s)") who wish to be considered as potential joint venturers to submit their qualifications
and credentials to the County thru the City of Rancho Cucamonga ("City"). The successful Candidate(s) will be
invited to enter into an Entitlement Ageement with the County, the terms of which will be negotiated between
the successful Candidate and the County, with input from the City.
II. THE PROPERTY:
i
The Property to be entitled is approximately 815 developable acres located partially within the boundaries of the
City of Rancho Cucamonga and partially within. the unincorporated area of the County, but within the sphere of
influence of the City. Additionally, there aze approximately 385 acres of mitigation land located in the
unincorporated azea of the County. A portion of the 385 acres of mitigation land is held in perpetuity for
previously approved projects: As discussed further below, the Property is further divided into two sub-azeas,
Area "A" and Area "B". A map of the subject Property showing Area "A" and Area "B" is attached as Exhibit
A,:Property Map and Legal Description. In the event entitlement of the Property requires additional mitigation
land beyond the current 385 acres, the selected Candidate(s) will use good faith efforts to identify additional
rmUgahon land that is located adjacent to-the Property or in the foothills north of the City.
Additionally, developers aze highly encouraged to incorporate Green Building practices/Sustainable Design in
their proposals consistent with the City of Rancho Cucamonga, the County, and the Green Valley Initiative
policies.
III. THE ENTITLEMENT PROCESS:
The County is seeking qualified developers who can demonstrate the experience, competence, dependability
and ability to entitle both Area "A".and/or Area "B" of the Property in a joint venture with the County, and in
cooperation with the City, in such a manner as to:
• Maximize the amount of return to the County.
• Minimize the amount of risk to the County.
• Minimize the amount of time to complete entitlements or development.
• Give consideration to open space in the developable azeas as well as the mitigation land.
The Candidates should recognize that the Property lies within two different planning jurisdictions, the City of
Rancho Cucamonga and the County of San Bernardino. The County and City have a significant interest in the
2
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design and ultimate development of the Property and intend to create a Design Review Committee upon which
County and City representatives shall sit, to oversee the Candidate's entitlement process. The City will
ultimately process al] development applications according to City standards forboth property located within the
incorporated area of the City and property located within the unincorporated area of the County. The City will
approve or disapprove al] development applications for property that at the time of approval or disapproval is
located within the incorporated area of the City and the County will approve or disapprove all development
applications for property that at the time of approval or disapproval is located within the unincorporated azea of
the County. Additionally, upon final approval of the Entitlement Agreement by the County, the City and
County have agreed to enter into good faith negotiations for apre-annexation agreement setting forth sufficient
criteria to ensure-that any portion of the Property located in the unincorporated area of the County will be
developed substantially consistent with the development requirements of the City to allow for annexation into
the City prior to recordation of any final maps. '.
The County will consider forming a Community Facilities District to construct certain public infrastructure to
serve the Property, including but not limited to sewers, storm drains, detention basins, streets and utilities.
The County may remove all or any.part of the Property from the entitlement process at any time and for any
reason. Additionally, the County intends to include in the Entitlement Agreement that the County has the
option to retain a negotiated portion(s) of the Property for~County use or other disposition.
The County has determined to divide the Property into two development areas, Area "A" and Area "B", for
separate entitlement and for the receipt of separate proposals. Area "A", which is approximately 775 acres in
size, is identified on Exhibit "A", Property Map and Legal Description, while Area "B", which is approximately
40 acres in size, is identified on the same Exhibit. The potential mitigation land, which is approximately 385
acres in size, is shown as Mitigation Land on the same Exhibit. The County is soliciting interested Candidate
responses to one or both of the two separate entitlement Areas. -
IV. CONTENTS OF RESPONSE TO RFQ:
The Candidate's response(s) shall include all of the following, and if responding for more than one area shall be
made sepazately for Area "A" and Area "B":
• A statement of which Area, Area "A" or Area "B", is being proposed on by the response.
• A general statement showing the financial capability of the Candidate to finance and
undertake medium to large-scale development projects consistent with the size of the
-Area under the response. Once the City has reviewed all responses, the top candidates
may be required to provide financial information to evidence ability to perform (for
example, tax returns, bank statements, etc.).
• A detailed listing of the qualifications and credentials of key management personnel.
• Examples of development projects previously undertaken by the Candidate.
• Type of business ownership the Candidate intends to operate with respect to this
entitlement project, e.g.: a sole proprietorship; Partnership; Corporation; Joint Venture,
1' KJ
names of all partners, officers, etc., and who has the authority to sign the Entitlement
Agreement.
• Name of Candidate exactly as it will appear on the Entitlement Agreement.
• Address and phone number of Candidate for purposes of notice or other communication
relating to their response.
• References.
• The response must be made by the Candidate or by an authorized agent bearing a notarized
authorization or power of attorney signed by the Candidate authorizing the agent to act in
.the Candidate's behalf.
• Provide information on former County administrative officials (as defined below) who
aze employed by or represent the Candidate. The information provided must include a
list of former county. administrative officials who terminated county employment within
the last five years and who are now officers, principals, partners, associates or members
of the Candidate. Also include the employment and/or representative capacity and the
dates these individuals began employment with or representation of the Candidate. For
purposes of this secfion, "county administrative official" is defined as a member of the
Boazd of Supervisors or such officer's staff, County Administrative Officer or member of
such officer's staff, county department or group head, assistant department or group head,
or any employee in the Exempt Group, Management Unit or Safety.Management Unit.
Failure to provide this information may result in the response to the RFQ being deemed
non-responsive.
The Candidate may choose to submit a response for the entitlement of one or both Areas
as indicated above and as shown on the attached Exhibit A, Property, but each response
must be sepazate and refer to only one of the Areas.
The response, at the discretion of the Candidate, may include a conceptual design(s) fox
suggested. development of the Area but this is not required. If a conceptual design is
provided, it must include a golf course and a 25acre recreation opportunity site within the
pioject Area. The response/conceptual design shall also include Green
Building/Sustainable opportunities if proposed by developer.
V. RESPONSE SUBMISSION AND DEADLINE:
The response(s) must be submitted as follows:
1) Provide seven (7) copies of each Area's response in a sealed envelope mazked:
RFQ -1200 ACRES -AREA "A"
or
RFQ - 1200 ACRES -AREA "B"
4
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2) Include name, address and daytime phone number of Candidate (or authorized agent) on the
envelope.
3) The response package maybe sent by certified mail or hand delivered, but must arrive not
later than 4:00 p.m. September 12, 2008, at:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California, 91730
ATTN: Jack Lam
It is the sole responsibility of the Candidate to see that its response is completed and
received in proper time. Responses received after the deadline maybe rejected.
Facsimile or electronically transmitted responses will not be accepted since they do not
contain original signatures. Postmazks will not be accepted in lieu of actual receipt.
VI. CANDIDATE EVALUATION AND SELECTION:
All responses will be subject to a review process developed by the City and County. The evaluation will be
based on the written responses but may include follow up interviews of the proposers key personnel and/or
employees and visits to developments created by the proposers. After reviewing responses to the IiFQ and
conducting any appropriate follow up interviews and investigation, the City shall forwazd all responses to the
County and make a recommendation to the County's Board of Supervisors ("Board") of the top two (2) best-
qualified candidates ("Candidate(s)") to assist the County in entitling or developing each of the two sub-azeas of
the Property described in the RFQ, Area "A" and Area "B". The top two (2) best-qualified Candidates for Area
"A" may be the same or different from the top two (2) best-qualified Candidates for Area f`B". The City shall
rank the top two (2) recommended best-qualified Candidates for each Area. The City shall not otherwise rank
the responses forwazded to the County. The City's proposal review committee shall include, as non-voting
members, three (3) delegates-from the County. The County Administrative Officer ("CAO") is authorized to
select the County delegates. Primary consideration shall be given to the effectiveness, experience and financial
capability of the proposer to perform based on demonstrated past performance, reference checks and other
information in the possession of or accessible to the City and County. Additionally, strong consideration shall
be given to proposers who can demonstrate the experience, competence, dependability and ability to:
County
• Maximize the amount of return to the County.
• Minimize the amount of risk to the County.
• Min;m;~e the amount of time to complete entitlements or development.
• Give consideration to open space in the developable azeas as well as the mitigation land.
The CAO in consultation with the City Manager is authorized to conduct:
a. A background check to determine whether the Candidates, their officers or employees have a
cr;m;nal history or poor reputation in the community.
b. A fiscal analysis to measure the financial strength, stability and resources of the Candidates.
5
R .tic
c. A background check to determine whether any Candidate, officer or employee is a former official,
officer or employee of the County.
Final selection of the successful Candidate(s) for each Area of the Property will be by the Board consistent with
County policy, State law and the recommendation of the City, except that the Board may reject one or more of
the City's recommended Candidates by a unanimous vote of those Supervisors present at the meeting. if the
Boazd rejects both of the City's recommended Candidates for either or both Areas, the Boazd may select any
other proposer to be the selected Candidate(s) for such Area(s).
Upon selection by the Boazd, the County shall promptly enter into negotiations with each Area's top ranked
Candidate for an Entitlement Agreement covering each Area. )f the negotiations with either Area's top ranked
Candidate do not result in a Board approved Entitlement Agreement for the Area by the 180' day after Candidate
selection by the Board, the County shall cease negotiations with the top ranked candidate and promptly enter into
negotiations with that Area's second ranked candidate. Similazly, if negotiations aze needed with either Area's
second ranked Candidate, and those negotiations do not result in a Boazd approved Entitlement Agreement for the
Area by.the 180's day after the Boazd determines to negotiate with the second ranked Candidate, the County shall
cease negotiations with the second ranked candidate and promptly detem~ine whether to enter into negotiations
with any other Candidate for the Area or to terminate the process. Additionally, the County may at any time
during the negotiations with any Candidate for an Area, declaze the negotiations have failed and move immediately j
to negotiate with the next selected Candidate for that Area. The Entitlement Agreement shall include a Design
Review Committee consisting of 2 City Council members and the County's. Second District Supervisor. The
Design Review Committee shall be provided technical assistance by each patty's staff as needed.
VII. CORRESPONDENCE AND QUESTIONS:
All correspondence and questions, shall be submitted to:
City of Rancho Cucamonga
1.0500 Civic Center Drive
Rancho Cucamonga, California, 91730
ATTN: Jack Lam
Phone: 909 477-2700
Faa: (To be provided by City)
VIII. RFQ CUNDTTIONS:
• This RFQ does not commit the County or City to awazd an Entitlement Agreement or to
negotiate with any particulaz Candidate regazdless of the Candidate's qualifications. The
County and City reserve the right to accept or reject any or all responses and/or terminate
this process if the County or City determines it is in its own best respective interest to do so
for any reason whatsoever.
• The County and City reserve the right to waive any immaterial irregularities in this process.
• The County and City reserve the right to issue addenda or amendments to this RFQ.
• To be considered, all responses must be submitted in the manner set forth in this proposal.
°'~ Fa
• This RFQ does not commit the County or City to pay any costs incurred in the preparation
ofa response to this request, and the Candidates-agree that all costs incurred in developing
their responses are the Candidate's responsibility.
• The final authority to choose a successful Candidate rests solely with the Boazd as set forth
above.
• All responses shall be:
1. Complete. Response must be complete in all respects as required in this
section. A response may not be considered if it is conditional or incomplete.
2. Properly of City and County. All responses and materials submitted become
.the property of the City and County and aze subject to the "California Public
Records Act" as follows:
All information submitted in the response or in response to a request for
additional information is subject to disclosure under the provisions of the
- Califoiia Public Records -Act, Government Code Section 6250 and
following. Responses may contain financial or other data, which
constitutes a trade secret. To protect such data from disclosure, the
Candidate should specifically identify the pages that contain confidential
information by properly mazking the applicable pages and inserting the
following notice on the front of its response:
NOTICE
The data on pages. of this response, identified by an asterisk (*) or mazked
along the margin with a vertical line contains information that aze trade secrets. We
request that such data be used only for the evaluation of our response, but understand
.that disclosure will be limited to -the extent that the County of San Bernazdino
determines is proper under federal, state, and local law.,
-The proprietary or confidential data shall be readily sepazable from the
response in order to facilitate eventual public inspection of the non-
confidential portion of the response.
The City and County assume no responsibility for disclosure or use of _
unrnazked data for any purpose. 1n the event disclosure of properly
marked data is requested, the Candidate will be advised of the request and
may expeditiously submit to the County a detailed statement indicating the
reasons it has for believing that the information is exempt from disclosure
under federal, state and local law. .This statement will be used by the
County in making its determination as to whether or not disclosure is
proper under federal, state and local law. The County will exercise care in
applying this confidentiality standazd but will not, nor will the City, be
held liable for any damage or injury, which may result from any disclosure
that may occur.
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If confidentiality cannot be maintained, the Candidate has the option of
withdrawing the response or advising the County of its understanding that
this information will become public record.
IX. NO PROPERTY INTEREST CREATED, PROTESTS AND CONTRACT AWARD:
1. Neither this ItFQ, nor any responses thereto, are intended to create any right whatsoever in the
Property or in the right to develop the Property.
2. Protests:
a. Candidates not selected by the City as one of the top two (2) best-qualified candidates may
protest the City's recommendation, provided the protest is in writing, cleazly identifies this
RFQ, is delivered to the address listed in Section VII of this RFQ for response submission,
and received within five (5) calendar days of the date of the City's notification to candidates
of is selection of the top. two (2) best-qualified candidates to recommend to the Boazd.
Grounds fora protest aze that the County or City failed to follow the selection procedures and
adhere to requirements specified in the RFQ or any addenda or amendments; there has been a
violation of conflict of interest as provided by California Government Code Section 87100 et
seq.; or a violation(s) of State or Federal law. Protests will not be accepted on any other
grounds. In event of a protest, all protests will be handled by a panel designated by the City
Manager. The City will consider only those specific issues addressed in the written protest. A
written response will be directed to the protesting Candidate(s) by the City Manager within ten
(10) calendar days of receipt of the protest, advising of the decision with regard to the protest
and the basis for the decision.
b. Any Candidate(s) recommended to the Board by the City as one of the top two (2) best-
qualified candidates but which aze not selected by the County as the top ranked candidate(s)
for negotiation of an Entitlement Agreement may protest the County's selection and ranking,
provided the protest is in writing, cleazly idenfifies this RFQ, is delivered to the County
Administrative Officer, 385 N. Arrowhead Ave. Sa' Floor, San Bernardino, CA 92415, and
received within five (5) calendaz days of the date of the County's notification to the second
ranked candidate(s) of the Board's selection of the top ranked candidates to negotiate with for
Entitlement Agreements. Grounds for a protest aze that the County or City failed to follow the
selection procedures and adhere to requirements specified in the RFQ or any addenda or .
amendments; there has been a violation of conflict of interest as provided by California
Government Code Section 87100 et seq.; or a violation(s) of State or Federal law. Protests
will not be accepted on any other grounds: In event of a protest, all protests will be handled
by a panel designated by the CAO. The County will consider only those specific issues
addressed in the written protest. A written response will be directed to the protesting
Candidate(s) by the CAO within ten (10) calendaz days of receipt of the protest, advising of
the decision with regard to the protest and the basis for the decision.
8
Ptit3.
3. Final Approval: Candidates acknowledge any Entitlement Agreement(s) resulting from this RFQ will
be awarded by final approval of the Board, and that unless and until such official approval by the Boazd,
there is no binding obligation by the County, and any action by the Candidate(s) taken prior to such
approval is at the Candidate's sole risk.
4. Inaccuracies or Misrepresentations: If in the course of the RFQ process or in the administration'of a
resulting Entitlement Agreement, the County determines that the Candidate has made a material
misstatement or misrepresentation or that materially inaccurate information has been provided to the
County, the Candidate may be eliminated from the RFQ process or in the event a Entitlement
Agreement has been awazded, the Entitlement Agreement maybe immediately terminated.
End of RFQ Text.
See Attached
Exbibit "A", Property Map and Legal Description
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EXHIBIT "A"
Property Map and Legal Description
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LEGAL DESCRIPTION
AREA "A"
775 ACRES, APPROXIMATELY
PARCEL 1:
APNS: 1087-071-01, 1087-071-02, 1087-051-03, 1087-071-04,1087-051-07, 1087-051-11,
1087-071-12, 1087-071.13, 1087-071-14, 1087-071-18, 1087-071-19,1087-071-20.
ALL OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, CONVEYED TO
THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT IN;
DOCUMENT RECORDED JANUARY 25, 1940, IN BOOK 1385, PAGE 181 AND IN
DOCUMENT RECORDED JANUARY 30, 1942, IN BOOK 1522, PAGE 62, AND IN
DOCUMENT RECORDED JULY 29, 1959, IN BOOK 4887, PAGE 518, AND IN
DOCUMENT RECORDED AUGUST 26, 1959, IN BOOK 4913, PAGE 52 AND IN
DOCUMENT RECORDED OCTOBER 9, 1940, IN BOOK 1438, PAGE 81 AND IN
DOCUMENT RECORDED JANUARY 25, 1940 IN BOOK 1385, PAGE 132, AND IN
DOCUMENT RECORDED NOVEMBER 30, 1945, IN BOOK 1844, PAGE 26,
ALONG WITH THOSE PARTS CONVEYED TO SAN BERNARDINO COUNTY, BY
DOCUMENT RECORDED OCTOBER 27,1945, IN BOOK 1838, PAGE 145, AND BY
DOCUMENT RECORDED IN OCTOBER 27,1945, IN BOOK 1812, PAGE 342, OFFICIAL RECORDS OF SAID
COUNTY AND THEN TRANSFERRED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY
THAT MASS TRANSFER DOCUMENT RECORDED APRIL 23, 1946 IN BOOK 1895 PAGE 339, ALL OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY. .
EXCEPTING THEREFROM THAT PORTION OF SECTION 19 DESCRIBED AS THE NORTHERLY 2,200.00 FEET
OF THE NORTHEAST QUARTER OF SAID SECTION 19 AND THE NORTHERLY 2,200.00 FEET OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 19 IN THAT OPEN SPACE EASEMENT DOCUMENT J
RECORDED JUNE 9, 1987 AS INSTRUMENT NUMBER 87-194788, OFFICIAL RECORDS OF SAID COUNTY.
PARCEL 2:
APNS: 0225-091-06, 0225-091-05, 0225-092-01, 0225.152-07, 225-152.08, 225-152-09, 0225-152.10, 0225-152-11
0225-152-15.
THOSE PORTIONS OF THOSE PARTS OF THE NORTH HALF AND OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, SAID PARTS
CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT IN;
DOCUMEM RECORDED AUGUST 21, 1940, IN BOOK 1425, PAGE 478, AND IN,
DOCUMENT RECORDED JANUARY 25, 1940, IN BOOK 1365, PAGE 181 AND IN
DOCUMENT RECORDED JULY 6, 1944, IN BOOK 1696, PAGE 124, AND IN
DOCUMENT RECORDED MARCH 21, 1940, IN BOOK 1405, PAGE 29, AND IN
DOCUMENT RECORDED MARCH 6, 1941, IN BOOK 1467, PAGE 361, AND ALONG WITH THOSE PARTS
CONVEYED TO SAN BERNARDINO COUNTY, BY DOCUMENT RECORDED OCTOBER 27, 1945, IN BOOK 1609,
PAGE 407, OFFICIAL RECORDS OF SAID COUNTY AND THEN TRANSFERRED TO THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT 8Y THAT MASS CERTAINTRANSFER DOCUMENT RECORDED APRIL 23,
1946 IN BOOK 1895 PAGE 339, ALL OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, SAID PORTIONS
BEING ALL OF SAID PARTS DESCRIBED AS FOLLOWS:
EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 30 CONVEYED TO THE CHAFFEY JOINT '
Page ? of I8
a;,~~7
UNION HIGH SCHOOL DISTRICT, BY DOCUMENT RECORDED SEPTEMBER 13, 2000 AS INSTRUMENT
NUMBER 2000-0333231, OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 30 CONVEYED TO THE CITY OF RANCHO
CUCAMONGA, BY DOCUMENT RECORDED MAY 10,1991 AS INSTRUMENT NUMBER 1991-159961, OFFICIAL
RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, LYING WITHIN THAT
PARCEL OF LAND DESCRIBED AS THE WEST 165 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30 IN DOCUMENT RECORDED
APRIL 21, 2008 AS INSTRUMENT NUMBER 2008-0175732, OFFICIAL RECORD OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION Of THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, LYING WITHIN THAT
PARCEL OF LAND DESCRIBED AS THE WEST 330 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST OUARTER OF SAID SECTION 30 IN DOCUMENT RECORDED
MARCH 24, 2005, 200 AS INSTRUMENT NUMBER 2005-0203492, OFFICIAL RECORD OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, LYING WITHIN TRACT
1385 RECORDED IN BOOK 262 OF MAPS, PAGE 14, RECORDS OF SAN BERNARDINO COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION OF THE SAID EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, LYING WESTERLY OF THE
EAST 100.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 30.
ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN DAY CREEK CHANNEL.OR ANY
APPURTANENCES THERETO.
PARCEL 3:
APN 0201-191-27
THAT PORTION OF THAT PARCEL LOCATED IN THE EAST 112 OF THE NORTHEAST 1/4 OF SECTION 25,
TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AND DESCRIBED IN DEED TO THE SAN BERNARDINO. COUNTY FLOOD COMROL
DISTRICT, RECORDED OCTOBER 10,1961, IN BOOK 5556, PAGE 397 OFFICIAL RECORDS OF SAID COUNTY,
SAID PORTION OF SAID PARCEL DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 25;
THENCE SOUTH 89° 15' 03"WEST ALONG THE NORTH LINE OF SAID SECTION 25, A DISTANCE OF 453.11
FEET TO A POINT OF INTERSECTION WITH A LINE PARALLEL AND CONCENTRIC WITH AND 99.00 FEET
EASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF PARCEL MAP 10771, AS
RECORDED IN PARCEL MAP BOOK 118, PAGES 59.60, RECORDS OF SAID COUNTY;
THENCE ALONG SAID PARALLEL AND CONCENTRIC LINE, SOUTH 00° 57' 43" EAST, A DISTANCE OF 462.89
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
1675.26 FEET;
THENCE CONTINUING ALONG SAID PARALLEL AND CONCENTRIC LINE, SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 23° 15' 39°, AN ARC DISTANCE OF 680.12 FEET;
Page 3 of 18
~'-~3
THENCE ALONG SAID PARALLEL AND CONCENTRIC LINE, SOUTH 22° 17' S6" WEST, A DISTANCE OF 1550.96
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
1984.70 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 49' 15", AN ARC
DISTANCE OF 97.71 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4
OF SAID SECTION 25;
THENCE NORTH 89° 18' 17" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 1209.16 FEET TO THE
SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION
25;
THENCE NORTH 0° 20' Ot"WEST ALONG THE EAST LINE OF SAID NORTHEAST 1/4 OF SECTION 25, A
DISTANCE OF 2644.16 FEET (RECORD 2652.20 FEET PER BOOK 5556, PAGE 397, OFFICIAL RECORDS) TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM PARCEL MAP 12779, AS RECORDED IN PARCEL MAP BOOK-161, PAGES 34-35,
RECORDS OF SAID COUNTY;
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN QUITCLAIM DEED TO THE CITY OF RANCHO
CUCAMONGA, RECORDED MARCH 7, 1989, IN INSTRUMENT #89-081578, OFFICIAL RECORDS OF SAID
COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN GRAM DEED TO THE CITY OF RANCHO
CUCAMONGA, RECORDED MAY 10, 1991, IN INSTRUMENT #91-159961, OFFICIAL RECORDS OF SAID
COUNTY.
ALSO EXCEPTING THEREFROM ALL THAT PORTION DESCRIBED AS FOLLOWS
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 25;
THENCE NORTH 00°20'01' WEST, ALONG THE EAST LINE OF SAID SECTION 25, A DISTANCE OF 624.64 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00°20'01' WEST ALONG SAID EAST LINE, A DISTANCE OF 459.00 FEET;
THENCE AT RIGHT ANGLES TO SAID EAST LINE SOUTH 89°39'59' WEST, A DISTANCE OF 60.00 FEET TO A
POINT IN THE WEST RIGHT-OF-WAY LINE OF MILLIKEN AVENUE AS DESCRIBED IN EASEMENT DEED TO THE
CITY OF RANCHO CUCAMONGA, RECORDED OCTOBER 31, 2002 IN INSTRUMENT #2002-0586505, OFFICIAL
RECORDS OF SAID COUNTY;
THENCE SOUTH 42° 10'37' WEST, A DISTANCE OF 32.56 FEET;
THENCE SOUTH 89°39'59' WEST, A DISTANCE OF 204.00 FEET;
THENCE SOUTH 00°20'01' EAST, PARALLEL WITH THE EAST LINE OF SAID SECTION 25, A DISTANCE OF
435.00 FEET;
THENCE NORTH 89°39'59' EAST, A DISTANCE OF 286.00 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN DEER CREEK CHANEL OR ANY
APPURTANENCES THERETO.
Page 4 of 18
PARCEL 4:
APN 1074351.01, 1074-351-06
THOSE PORTIONS OF THOSE PARCELS LOCATED IN THE EAST HALF OF THE EAST HALF OF SECTION 24,
TOWNSHIP 1 NORTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, SAID PARCELS DESCRIBED IN DOCUMENT TO THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, RECORDED OCTOBER 24, 1983, AS INSTRUMENT NUMBER 1963-248834, AND IN
DOCUMENT RECORDED MARCH 21,1940, IN BOOK 1405, PAGE 29, BOTH OF OFFICIAL RECORDS OF SAID
COUNTY.
EXCEPTING THEREFROM ANY PORTIONS OF SAID PARCELS THEREOF LYING WESTERLY OF THE
EASTERLY 450.00 FEET OF THE SOUTH HALF OF THE SAID EAST HALF OF THE EAST HALF OF SAID
SECTION 24.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WESTERLY OF THE OF THE EAST LINE OF
A STRIP OF LAND, 140.00 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 24, SAID POINT
DISTANT NORTH 89°44'05" WEST, A DISTANCE OF 529.59 FEET FROM A SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT MONUMENT MARKING THE EAST QUARTER CORNER OF SAID SECTION 24; THENCE
NORTH 00°00'21"EAST A DISTANCE OF 873.49 TO THE BEGINNING OF A TANGENGENT CURVE, CONCAVE
WESTERLY AND SOUTHWESTERLY AND HAVING A RADIUS OF 3005.73 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE AN ARC DISTANCE OF 1634.59 FEET THROUGH A CENTRAL ANGLE OF 31 °09'32";
THENCE NORTH 31°09'11" WEST A DISTANCE OF 240.86 FEET TO THE POINT OF TERNINATION IN THE_
NORTH LINE OF SAID SECTION 24, SAID POINT BEING DISTANT NORTH 89°50'55" WEST, ALONG SAID
.NORTH LINE A DISTANCE OF 1116.60 FEET FROM A SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 24.
THE SIDELINES OF SAID STRIP.SHALL BE LENGHED OR SHORTENED SO AS TO BEGIN ON THE SAID SOUTH
LINE OF THE NORTH HALF OF THE EAST HALF OF THE EAST HALF OF SAID SECTION 24 AND TO END ON
THE SAID NORTH LINE OF SAID SECTION 24.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN DEER CREEK CHANNEL OR ANY
APPURTANCES THERETO.
Page 5 of 18
~}ii v4
AREA "B"
40 ACRES, APPROXIMATELY
APN 1074.351-Ot, 1074-351-04, 1074-351-05
PORTIONS OF THOSE PARCELS LOCATED IN THE EAST HALFOF THE NORTHEAST QUARTER AND IN EAST
HALF OF THE SOUTHEAST OUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 7 WEST, SAN
BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID PARCELS
DESCRIBED IN DOCUMENT TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED
AUGUST 11,1981 , AS INSTRUMENT NUMBER 1981-177789, AND IN DOCUMENT RECORDED MARCH 21, 1940,
IN BOOK 1405, PAGE 29, AND IN DOCUMENT RECORDED OCTOBER 9, 1979 IN BOOK 9788, PAGE 179, ALL OF
OFFICIAL RECORDS OF SAN BERNARDINO COUNTY:
EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING EASTERLY OF THE OF THE WEST LINE OF A
STRIP OF LAND, 140.00 FEET WIDE, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SAID EAST HALF OF THE EAST
HALF OF SAID SECTION 24, SAID POINT DISTANT NORTH 89°44'05" WEST, A DISTANCE OF 529.59 FEET
FROM A SAN BERNARDINO COUNTY FLOOD. CONTROL DISTRICT MONUMENT.MARKINGTRE EAST
QUARTER CORNER OF SAID SECTION 24;
THENCE NORTH 00°00'21 °EAST A DISTANCE OF 873.49 TO THE BEGINNING 0~ A TANGENT CURVE,
CONCAVE WESTERLY AND SOUTHWESTERLY AND HAVING A RADIUS OF 3005.73 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 1634.59 FEET THROUGH A CENTRAL ANGLE
OF 31 °09'32"; THENCE NORTH 31°09'11" WEST A DISTANCE OF 240.86 FEET TO THE POINT OF
TERNINATION IN THE NORTH LINE OF SAID SECTION 24, SAID POINT BEING DISTANT NORTH 89°50'55"
WEST, ALONG SAID NORTH LINE A DISTANCE OF.1116.60 FEET FROM A SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT CONCRETE MONUMEM MARKING THE NORTHEAST CORNER OF SAID SECTION 24.
THE SIDELINES OF SAID STRIP SHALL BE LENGHED OR SHORTENED SO AS TO BEGIN ON THE SAID SOUTH
LINE OF THE NORTH HALF OF THE EAST HALF OF THE EAST HALF OF SAID SECTION 24 AND TO TERMINATE
ON THE SAID NORTH LINE OF SAID SECTION 24.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING SOUTHERLY AND SOUTHWESTERLY
FROM THE NORTHERLY AND NORTHEASTERLY LINE OF A STRIP OF LAND,100 FEET WIDE, THE
CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST-LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 24, SAID POINT DISTANT SOUTH 00°57'36" WEST ALONG SAID WEST LINE, A DISTANCE OF 6.84
FEET FROM THE NORTHWEST CORNER THEREOF THENCE SOUTH 70°29'57" EAST A DISTANCE OF 46.84
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
1002.39 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 1165.78 THROUGH A
CENTRAL ANGLE OF 66°38'05"; THENCE SOUTH 03° 51' 52'EAST, A DISTANCE OF 250.98 FEET: THENCE
SOUTH 00°41'08° WEST, A DISTANCE OF 1495.30 FEET TO THE POINT OF TERMINATION IN THE SOUTH LINE
OF SAID SECTION 24, SAID POINT BEING DISTANT NORTH 89°46'53° WEST, ALONG SAID SOUTH LINE, A
DISTANCE OF 564.88 FEET FROM A SAN BERNARDINO COUNTY BRASS DISC MONUMENT MARKING THE
SOUTHEAST CORNER OF SAID SECTION 24.
THE SIDELINE OF SAID STRIP OF LAND SHALL BE LENGHTHENED OR SHORTENED SO AS'f0 BEGIN AND
TERMINATE ON THE SAME LINES AS THE HEREINBEFORE DESCRIBED CENTERLINES BEGIN AND END
UPON.
EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN HILLSIDE CHANNEL AND / OR DEER
CREEK CHANNEL OR ANY APPURTANENCES THEREOO.
Page 6 of I S
t'4
MITIGATION LAND
385 ACRES, APPROXIMATELY
PARCEL 1:
APNS:1O87-071-01, 1087-071-05, 1087-071-06, 1087-071-07, 1087-071-06,
1087-071-09,1087-071-10, 1087-071-11, 1087-071-12,1087-071-13, 1087-071-14.
THOSE PORTIONS OF THOSE PARTS OF THE NORTH HALF OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 6
WEST, SAN BERNARDINO MERIDIAN, SAID PARTS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT IN DOCUMENT RECORDED DECEMBER 22, 1959 IN BOOK 5015, PAGE 291 AND IN
DOCUMENT RECORDED JANUARY 30, 1942 IN BOOK 1522, PAGE 62, AND IN DOCUMENT RECORDED APRIL
11, 1952 IN BOOK 2931, PAGE 185, AND IN DOCUMENT RECORDED JULY 29, 1959, IN BOOK 4687, PAGE 518,
AND IN DOCUMENT RECORDED AUGUST 26,1959 IN BOOK 4913, PAGE 52 AND IN DOCUMENT RECORDED
OCTOBER 9,1940 IN BOOK 1436, PAGE 61 AND IN DOCUMENT RECORDED FEBRUARY 13, 1985 AS
INSTRUMENT NUMBER 85-034328, ALONG WITH THAT PART CONVEYED IN A DOCUMENT TO SAN
BERNARDINO COUNTY, RECORDED OCTOBER 27, 1945 IN BOOK 1812, PAGE 342, AND THEN TRANSFERRED
TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY THAT MASS TRANSFER DOCUMENT
RECORDED APRIL 23,1946 IN BOOK 1895 PAGE 339, ALL OF OFFICIAL RECORDS OF SAN BERNARDINO
COUNTY, SAID PORTIONS BEING ALL OF SAID PART DESCRIBED AS FOLLOWS:
THE NORTHERLY 2,200.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 19 AND THE NORTHERLY
2,200.00 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 19.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN DAY CREEK CHANNEL OR ANY
APPURTANENCES THERETO.
PARCEL 2:
APN:0201-281-19
THOSE PORTIONS OF THOSE PARTS OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 7
WEST, SAN BERNARDINO MERIDIAN, SAID PARTS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT IN DOCUMENT RECORDED DECEMBER 23, 1976 IN BOOK 9079, PAGE 802, OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, SAID PORTIONS BEING ALL OF SAID PARTS DESCRIBED AS
FOLLOWS:
EXCEPTING THEREFROM; THAT PORTION THEREOF LYING WITHIN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER, OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTH
HALF OF SECTION 13.
ALSO EXCEPTING THEREFROM; THAT PORTION THEREOF LYING WITHIN THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
13.
ALSO EXCEPTING THEREFROM; THAT PORTION THEREOF LYING WITHIN THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
13.
ALSO EXCEPTING THEREFROM; THAT PORTION THEREOF LYING SOUTH OF A LINE DESCRIBED AS
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE ALONG THE EAST LINE OF SAID
Page 7 of 18
W~ ,
SECTION, 602.38 FEET; THENCE WESTERLY TO THE POINT OF TERMINATION IN THE WEST LINE OF SAID
SECTION, SAID POIM BEING 651.51 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 13.
ALSO EXCEPTING THEREFROM; THAT PARCEL OF LAND IDENTIFIED AS PARCEL A IN A GRANT DEED TO
THE CUCAMONGA COUNTY WATER DISTRICT BY DOCUMENT RECORDED MARCH 24, 1966 AS INSTRUMENT
NUMBER B6-075667, OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM; ANY PORTIONS THEREOF LYING WITHIN A STRIP OF LAND 124.00 FEET IN
WIDTH, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS;
COMMENCING AT A ROCK MONUMENT, WITH R.E. TAG 4742, MARKING THE WEST QUARTER CORNER OF
SAID SECTION 13; THENCE SOUTH 89°50'01"EAST, ALONG THE NORTH LINE OF SAID SOUTH HALF, A
DISTANCE OF 2396.59 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 31 °'09' 11 ° WEST, A DISTANCE
OF 3071.79 FEET TO THE POINT OF TERMINATION IN THE SOUTH LINE OF SAID SECTION 13, SAID POINT
BEING DISTANT ALONG SAID SOUTH LINE NORTH 89°50'55°WEST A DISTANCE OF 1116.60 FEET.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO BEGIN ON THE SAID
NORTH LINE OF THE SOUTH HALF OF SECTION 13 AND TO TERMINATE ON THE SAID SOUTH LINE OF SAID
SECTION 13.
ALSO EXCEPTING THEREFROM ANY PORTIONS THEREOF LYING WITHIN DEER CREEK CHANNEL OR ANY
APPURTANCES THERETO.
Page 8 of 18