MEMORANDUM OF UNDERSTANDING
PINE / EUCLID INTERSECTION IMPROVEMENTS
This Memorandum of Understanding (“MOU”) is entered into this 5th day of September, 2023 (“Effective Date”) and created to memorialize the current understanding between Chino Preserve Development Corp (“Lewis”) and the City of Chino (“City”) related to the proposed intersection improvements at Pine and Euclid Avenues. Collectively, Lewis and City are hereby referred to as “Parties”.
RECITALS
A. Within the Preserve in Chino, Lewis previously processed entitlements for Tract 20161 (PL18-0011) and Tract 20164 (PL18-0013) which included Planning Commission approvals for the overall Tentative Maps as well as several subsequent Developer Modification Approvals (collectively, “Development Approvals”).
B. Consistent with the Conditions of Approval included as part of the Development Approvals, Lewis and the City agreed upon a DIF Prepayment concept to fund the design and construction of the Pine/Euclid Intersection (“Improvements”), as further described in Exhibit “A” attached hereto.
C. Lewis prepaid to City the full amount of its obligation to pay Circulation Development Impact Fees (“DIF Prepayment”). The City intends to design and construct the Improvements through the funds currently collected and set aside within The Preserve Circulation Development Impact Fee Fund, which were intended to be set-aside into a specific subset of The Preserve Development Impact Fee Program whereby the City would use these funds to design and construct the Improvements.
C. Over the past several years, the City has engaged consultants and prepared improvement plans for the Improvements. Further, the City has been engaging with the State of California for the ultimate acquisition of the Euclid Right of Way.
D. The Improvements entail a complex project which requires close coordination with outside jurisdictions, including the State of California, US Government, Army Corps of Engineers (“USACE”), California Dept of Fish & Wildlife, Regional Water Quality Control Board, Southern California Edison, etc. (collectively, “Regulatory Agencies”) Due to this complexity, the City wishes to confirm by this MOU that it will ultimately construct these improvements through the funds currently set-aside within The Preserve Development Impact Fee Program, including the DIF Prepayment and shall not seek any additional DIF prepayments from Lewis related to Lewis’ remaining projects in The Preserve.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Lewis hereby agree as follows
AGREEMENT
1. Construction of Improvements. City hereby agrees to design and construct the Improvements required of Lewis per the Development Approvals. City shall construct the Improvements in accordance with the Development Approvals; provided that, consistent with the Development Approvals, the City’s Director of Development Services is granted discretion and authority to approve minor deviations in the Conditions of Approval of said Development Approvals, including all plans and construction drawings, and the City Manager is granted discretion and authority to approve future deviations in said Conditions of Approval for Lewis properties. Such grant of authority shall extend to all matters related to the construction of Pine Avenue.
2. Funding for Improvements. Lewis hereby agrees to have City perform the design and construction of the Improvements and that the DIF Prepayment shall be used by City for such purpose. Unless Lewis seeks substantial changes to the Development Approvals, City shall not seek additional development impact fee pre-payments from Lewis related to the Development Approvals to design and construct the Improvements but may use any other available funding for such purpose.
3. Schedule of Improvements. City shall diligently proceed with the design and construction of the Pine/Euclid Intersection Approvals and shall be solely responsible for coordinating with the State of California for necessary right-of-way and all Regulatory Agencies for appropriate permits and other approvals required to authorize the Improvements. City anticipates that securing such right-of-way and permits and approvals will take approximately 12 – 24 months following the Effective Date of this MOU but may be further delayed by such Regulatory Agencies. Once all necessary right-of-way and Regulatory Agencies’ permits and approvals are obtained, City estimates that construction shall be completed within 18 months thereafter.
4. Lewis Cooperation and Assistance. Lewis shall provide support to City staff and its consultants in their efforts to obtain approvals from Orange County Flood Control District and USACE. Lewis acknowledges that City is working through the USACE Section 408 program permitting process under Pine Avenue Stage 3. Lewis shall continue to work with City staff as needed by City to secure such approvals.
5. Miscellaneous Terms.
a. The Term of this MOU shall begin on the Effective Date as first written above and continue until the completion of the Improvements. b. Any modifications to this MOU shall be effective only when agreed to in writing by the duly authorized representatives of all Parties. c. This MOU constitutes the entire agreement of the Parties regarding the subject matter described herein and supersedes all prior communications, agreements, and promises, either oral or written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services
DEVELOPER:
Chino Preserve Development Corp.,
a California Corporation
______________________
Bryan Goodman
Executive Vice President
Exhibit “A”
Description of Improvements
Construct a traffic signal and make intersection improvements at the intersection of Hellman and Pine Avenues to maintain smooth traffic conditions. Costs are based upon the share of the total signal construction cost attributable to The Preserve based upon table 6-6 of the TIA Report. The various street segment cross-sections are identified in Section V of "The Preserve Final Draft Specific Plan", Figures 10A through 101. Project administration consisting of engineering, project management, staking, surveying soils, materials testing, and inspection has been added at 15% of constructions costs, and 10% contingency cost has been added to the combined project administration and construction costs. The total estimated project cost of the Improvements is $3,492,542. 01225.0005/916926.1 2
Contract No.:
Approved: