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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />ORDINANCE NO. 0-03-26 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />COLTON, CALIFORNIA TO APPROVE A DEVELOPMENT <br />AGREEMENT NO. 0-03-26 BETWEEN THE CITY OF COLTON <br />AND LINEAGE LOGISTICS, LLC FOR THE AGUA MANSA <br />LOGISTICS CENTER PROJECT, FOR PROPERTY GENERALLY <br />LOCATED AT 1500 AGUA MANSA DRIVE IN THE CITY OF <br />COLTON (CASE INDEX NO. DAP-001-816) <br />WHEREAS, the City of Colton ("City") has found that development agreements will <br />strengthen the public planning process, encourage private participation in comprehensive <br />planning by providing a greater degree of certainty in that process, reduce the economic costs <br />of development, allow for the orderly planning of public improvements and services, allocate <br />costs to achieve maximum utilization of public and private resources in the development <br />process, and ensure that appropriate measures to enhance and protect the environment are <br />achieved; and <br />WHEREAS, pursuant to California Government Code Sections 65864 et seq. and <br />Colton Municipal Code Section 18.58.102, the City is authorized to enter into development <br />agreements providing for the development of land under terms and conditions set forth therein; <br />and <br />WHEREAS, Lineage Logistics, LLC, a Delaware limited liability company <br />("Developer") proposes to develop the Building 1 of the Agua Mansa Logistics Center (Case <br />No. DAP-001-816), more particularly described in Exhibit `B-1 ", attached hereto and <br />incorporated herein by reference ("Project"); and <br />WHEREAS, on May 9, 2023, the Planning Commission of the City of Colton approved <br />the Architectural & Site Plan Review, Conditional Use Permit, Major Certificate of <br />Appropriateness and Tentative Parcel Map to provide for the orderly growth and quality <br />development of the Project in accordance with the General Plan; and <br />WHEREAS, because of the logistics, magnitude of the expenditure and considerable <br />lead time prerequisite to planning and developing the Project, Developer has proposed to enter <br />into a development agreement concerning the Project ("Development Agreement") to provide <br />assurances that the Project can proceed without disruption caused by a change in the City's <br />planning policies and requirements except as provided in the Development Agreement, which <br />assurance will thereby reduce the actual or perceived risk of planning for and; proceeding with <br />development of the Project; and <br />WHEREAS, at a duly noticed public hearing held on May 9, 2023, the Planning <br />Commission considered the Staff Report, the Development Agreement, all recommendations <br />by staff, and public testimony, and adopted Resolution No. R-06-23, recommending to the City <br />Council approval of the Development Agreement; and <br />WHEREAS, the City desires the timely, efficient, orderly and proper development of <br />the Project in furtherance of the goals and policies of the City's General Plan; and <br />