HomeMy WebLinkAboutContracts & Agreements_64-2023THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Contract Number
SAN BERNARDINO
COUNTY SAP Number
Land Use Services Department
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
Heidi Duron
(909) 387-4110
City of Redlands
Christopher Boatman
(909) 798-7655
N/A
N/A
N/A
N/A
N/A
Briefly describe the general nature of the contract: Memorandum of
Understanding with City of Redlands and PR III/MP Redlands Industrial LLC Regarding
Land Use Entitlement Processing for a proposed project to develop an approximately
380,579 sq. ft. high -cube warehouse distribution facility located primarily within the
unincorporated area of San Bernardino County, with a de minimis portion located in the
City of Redlands.
FOR COUNTY USE ONLY
A rov as to Legal
` I Form
J son Searles, Supervising Deputy County
Counsel
Date L4 (Z6 I2.3
Reviewed f9f)q0tsVact Compliance
No-
Jevin Kaye, Assistant Director
Date 5P(,rzS
Reviewed/A o ed by Department
Chad Nottingham, Interim Director,
Date
Non -Standard Contract Coversheet Revised 3/14/19
This Memorandum of Understanding ("MOU") is entered into the last day listed below
("Effective Date"), between San Bernardino County ("County"), City of Redlands ("City") and
PR III/MP Redlands Industrial, LLC ("Developer"). The County, City and Developer are
collectively referred to herein as the "Parties" or referred to individual as "Party."
A. Developer is proposing to develop an approximately 380,579 square foot high -cube
warehouse distribution facility with associated parking and improvements ("Project"), located on
Nevada Street, primarily located in the unincorporated area of San Bernardino County (APNs
0292-041-08 and 0292-41-44) with a de minimis portion of the Project Site located within the City
(APN 0292-041-38) ("Property"). The Property is depicted in Exhibit A attached hereto and
incorporated herein by reference. The portion of the Property located within the City is hereinafter
identified as "De Minimis City Property."
B. As proposed by Developer, the portion of the Project and associated improvements
located within the De Minimis City Property include curb, landscaping, and a portion of parking
stalls0 (collectively identified as "De Minimis Improvements"). Proposals for similar type of
improvements are reviewed and acted upon by the City as part of a ministerial action, such as a
building permit.
C. Given that a very small portion of the Project is located in the City, the City agrees
and concurs that all discretionary land use approvals for the Project are properly within the
County's sole lantl use jurisdiction and the development of the De Minimis Improvements on the
De Minimis City Property will be reviewed and acted upon by the City as part of a ministerial
action. In addition, the City acknowledges that the County is the sole lead agency in connection
with processing the Project under the California Environmental Quality Act.
D. The Parties desire that the Property be developed in an efficient and timely manner,
and in a manner compatible with the surrounding properties. In lieu of annexation of the De
Minimis City Property, the City has agreed to accept a one-time sum from the Developer necessary
to offset any obligations and municipal services, if any, that may be related to the De Minimis City
Property portion of the Project.
E. Each of the jurisdictions will benefit from the development of the Property, as
compared to its existing undeveloped condition, in the event the Project is approved.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties hereto agree as follows:
4877-9243-8823.1
392871.00001 /3-28-23/jes/jes
The recitals set forth above are true and correct and incorporated herein by reference.
(a) City and County agree that the County will be the sole permitting authority
for all discretionary land use approvals associated with the Project, including, but not limited to,
zoning approvals, variances, and issuance of conditional use permits or the like, to the extent any
such approvals may be necessary for the entire Property. City and County further agree that all
discretionary land use review for the Project is properly within the County's land use jurisdiction
and that no land use permit or approval, ministerial or discretionary, will be required by City to
implement the Project within County's land use jurisdiction. City acknowledges that the Project's
De Minimis Improvements to the De Minimis City Property include curb, landscaping, and a
portion of parking stalls only and will be processed by the City via ministerial action, such as by
issuance of a building permit. City further acknowledges that no structures associated with the
Project will be built within the City's land use jurisdiction and finds that the Project within the De
Minimis City Property is consistent with the City's General Plan and zoning code.
(b) The Parties agree that nothing in this MOU precludes the City and County
from the proper exercise of its land use or police powers, or constitute a waiver of any lawful
discretion under any law regarding the City and County's future determination on Developer's
request for Project approvals or permits from the respective jurisdictions.
(e) County will provide City with at least ten (10) days' notice before any
public hearing on land use matters and before any discretionary approvals associated with the
Property.
Developer shall solely be responsible to pay to the City a sum of $20,000 prior to issuance
of building permit on the De Minimis City Property to the "City of Redlands" c/o the Redlands
City Treasurer to cover the allocation of costs, if any, for the provision of future emergency, public
safety services, and municipal services to the De Minimis City Property. Such payment is
exclusive of any costs Developer will be required to pay for the provision of water and sewer from
the City.
Developer hereby agrees to defend, indemnify, and save harmless the City and County, its
City Council and/or Board of Supervisors, commissions, officers, employees and agents, from and
against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without
limitation, attorneys' fees, costs and fees of litigation) of every nature, kind or description, which
may be brought by a third party against, or suffered or sustained by, the City and/or County, or its
City Council and/or Board of Supervisors, commissions, officers, employees and agents, from and
against any and all claims, suits, or actions to challenge or void this MOU.
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5. GOVERNING LAW AND VENUE.
This MOU shall be governed by the laws of the State of California. The venue for any
dispute arising from or related to this MOU, its performance, and its interpretation shall be the
Superior Court of California, County of San Bernardino.
6. MODIFICATIONS.
This MOU represents and contains the entire agreement and understanding among the
Parties hereto with respect to the subject matter of this MOU, as of the Effective Date, and
supersedes any and all prior written and oral agreements and understandings. Any modification of
or amendment to this MOU will be effective only if it is signed in writing by all Parties. The
Parties shall notify each other at least ten (10) days before making any changes to this MOU and
shall cooperate with each other in making any such changes.
This MOU may be executed in any number of counterparts, each of which so executed shall
be deemed to be an original, and such counterparts shall together constitute one and the same MOU.
The Parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by
facsimile, PDF orothermail transmission), which signature shall be binding on the Party whose name
is contained therein. Each Party providing an electronic signature agrees to promptly execute and
deliver to the other Party an original signed MOU upon request.
8. INTERPRETATION
This MOU shall be construed as a whole according to its fair meaning, and not strictly for
or against any Party. The Parties acknowledge that this MOU documents a negotiated agreement
and it shall not be construed or interpreted in favor of any Party due to the fact that one of the
Party's attorneys drafted this MOU.
IN WITNESS WHEREOF, the Parties have entered into this Memorandum of
Understanding as of the Effective Date.
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'AN tA,yR�D�,INO CO TY
By: y
Dawn Rowe, Chair
Board of Supervisors
Dated: MAY 2 3 2023
r
'!
�
J
it 5
CITY OF T
EANDS,,—
By: -{',
Eddie Tejeda
Its: Mayor
Date: 2 3
ATTEST:
By:
J anne Donaldson, City Clerk
PR III/MP Redlands Industrial LLC
61" (Rot. Fr."'K.S acdlwclt � L i
By
Its: 1�CLj .�
Date: � l',, 3, � ;�3
Approved as to form:
TOM BUNTON
County Counsel
By: 1,---
Jaso M. Searles
Sup vising Deputy County Counsel
Approved as to form:
By:
Y ette M. Abich Garcia,
ity Attorney
Approved as t form: �Ie6
By: J1glc LI-
Dev oper's Counsel
1:\cmo\Agreements\Nevada_COminerce_Ccnter_MOU FY22-
0148.docx -4-
M.,
EXHIBIT A
PROPERTY DESCRIPTION
-- 0292-041-38
.0292 041 44 / f
?-041-08////
A
Legend
City of Redlands
® San Bernardino County '
- 3 —
4877-9243-8823.1 EXHIBIT A
392871.00001 /3-28-23f es/jes - I -