MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LEASE OF CERTAIN
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MEMORANDUM OF UNDERSTANDING
REGARDING LEASE OF CERTAIN PROPERTY
This Memorandum of Understanding (“MOU”) is made and entered into this 17th day of September 2025, By and Between:
the Mayor and City Council of the City of San Bernardino (“Council”), acting as the highest governing body of the City of San Bernardino, a charter city, with regards to general government services (the “City”).
and,
the Water Board Commissioners of the City of San Bernardino (“Water Board”), acting as the highest governing body of the San Bernardino Municipal Water Department, a department of the City of San Bernardino created by the Charter of the City of San Bernardino (the “Water Department”, “Lessor”) (individually the City and Water Department may be referred to as a “Party” and collectively the City and Water Department may be referred to as the “Parties”).
RECITALS:
WHEREAS, by the Charter of the City of San Bernardino, the Council is the highest governing body of the City of San Bernardino with respect to general tax revenues, expenditures, assets, and liabilities, collectively accounted for in the General Fund; and,
WHEREAS, by the Charter of the City of San Bernardino, the Water Board is the highest governing body of the City of San Bernardino with respect to water utility and sewer utility revenues, expenditures, assets, and liabilities, collectively accounted for in the Sewer Fund, respectively; and WHEREAS, the Water Board Commissioners of the City of San Bernardino have determined that approximately 27,790 square feet of real property located between Chandler Place and West Century Avenue in the City of San Bernardino, defined hereinafter as the Parking Lot Property with a fair market rental value of Twenty Cents ($0.20) per square foot per month on a triple net (“NNN”) basis as determined by an independent appraisal, is not necessary for use in the immediate future by the San Bernardino Municipal Water Department; and
WHEREAS, the Property is a portion of the Water Reclamation Plant, an operational wastewater treatment facility permitted to treat and dispose of wastewater in compliance with National Pollutant Discharge Elimination System (NPDES) Permit No. CA0105392, among other regulatory permits; and WHEREAS, the City intends to temporarily use the Parking Lot Property for the development, construction and operation of an employee parking and dry goods storage area serving the existing animal shelter, including but not limited to parking, dry goods storage, security fencing, and solar-powered lighting (“Parking Facilities”); and
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WHEREAS, the City’s use of the Property for such purpose will necessitate transfers between the General Fund to the Sewer Fund; and,
WHEREAS, it has been the practice of the City of San Bernardino to document transfers between the General Fund and Sewer Fund with Memorandums of Understanding between the Council and the Water Board to demonstrate compliance with Proposition 218 (Article XIII D, Section 6 of the Constitution of the State of California).
NOW, THEREFORE, the Parties agree as follows:
1. RECITALS. The recitals set forth in “RECITALS” are, by this reference, incorporated into and deemed a part of this MOU.
2. RESOLUTION. The Parties shall execute resolutions memorializing the following:
a. The Water Board shall, by resolution, temporarily allow the use of certain real property and improvements comprising approximately 27,790 square feet of public facilities land that is a portion of the larger parcel known as APN 0141-291-23, more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference as though set forth in full (the “Parking Lot Property”).
b. The Council shall, by resolution, approve annual transfers from the General Fund to the Sewer Fund in the amount of $66,696.00 (the “Annual Rent”), subject to annual escalation as provided for in Section 5 below.
c. The Water Board accepts the Annual Rent from the General Fund to the Sewer Fund. d. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this MOU. With respect to any conflict between such federal requirements and the terms of this MOU and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
3. TERM. The initial term of this MOU (the “Initial Term”) shall commence on the date the Resolution is approved by the Parties respective governing boards (“Commencement Date”) and shall expire on the fifth (5 th) anniversary of the Commencement Date (“Expiration Date”), unless sooner terminated as provided herein.
4. EXTENDED TERM. The City shall have one option to extend the Initial Term for an additional five (5) year period (an “Extended Term”). The Initial Term and the exercised Extended Term may be collectively referred to herein as the “Term.” The option to extend will be deemed to be exercised immediately prior to the expiration of the then current Term without any action by Water Department or City, unless City provides prior written notice to Water Department of City’s intention not to extend the Term no later than one hundred eighty (180) days prior to the expiration of the then current Term.
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5. ANNUAL RENT. Commencing on the Commencement Date, City transfer to Water Department, on the first business day of each year during the Term, the Annual Rent. Annual Rent shall be prorated for any partial year. Commencing on the first anniversary of the Commencement Date and continuing annually, the Annual Rent shall increase by three percent (3%).
6. USE AND OCCUPANCY.
a. Use. Subject to the terms of this MOU and all matters of public record, City may use and occupy the Parking Lot Property for the design, planning, development, construction, installation, ownership, operation, maintenance, repair, inspection, security, and replacement of the Parking Facilities. The Parking Facilities shall be used by City solely as motor vehicle parking and dry goods storage for the City’s existing animal shelter and purpose(s) incidental thereto. Animals, whether living or deceased, shall not be permitted to be kept, held, or stored on the Parking Facility for any duration. Generators powered by internal combustion engine and greater than 49 horsepower are not permitted to be operated or stored on the Property.
b. Design and Construction. City will have control over the planning, configuration, design, engineering, development, commissioning, construction, ownership, management, operation and maintenance of the Parking Facilities, with the assistance of such contractors, subcontractors and consultants as City may designate, all in its sole discretion; but subject to Lessor’s rights to review and approve (which approval shall not be unreasonably withheld, conditioned or delayed) as set forth herein. City and Lessor agree that the Parking Facilities shall be a surface parking lot, a security gate for access, and solar- powered lighting. Upon completion of City’s work, City shall provide to Lessor a complete set of construction drawings and “as built” plans for the Parking Facilities. c. The Parties acknowledge and agree that prior to execution of the resolutions and this MOU, the Water Department has permitted City to begin construction activities on the Property.
In connection with those activities, City has agreed to certain covenants regarding construction standards and obligations and provided certain deliverables to Water Department as set forth in Exhibit B attached hereto (the “City Construction Covenants”). d. Maintenance. Throughout the term of this MOU, City shall maintain the Property in a clean and sanitary condition with Parking Facilities in good working order and repair. The Parking Facilities shall be kept free of weeds and wind-blown dust or debris at all times.
City shall take reasonable measures to prevent and minimize fugitive dust emissions and trackout that may arise from the construction, use or maintenance of the Parking Facilities.
7. COMPLIANCE WITH LAWS. During the Term, City shall comply with Applicable Law (including, without limitation, Environmental Laws) (“Requirements”) applicable to the Premises in all material respects. City may, after prior written notice to Lessor, contest by appropriate legal proceedings (which must be conducted by City diligently and in good faith without cost or expense to Lessor) the validity or applicability of any Requirement affecting the Premises and Lessor shall reasonably cooperate with City in connection therewith. City shall immediately notify Lessor of any notice it receives respecting any violation of any Applicable Law regarding the Premises, and shall require its subtenants to notify City of the same. City shall not conduct or permit to be conducted any private or public nuisance on or about the Premises, nor commit any physical waste thereon. “Applicable Law” means any federal, state, or local statute, law, municipal charter
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provision, regulation, ordinance, rule, mandate, judgment, order, decree, permit, code, or license requirement or other governmental requirement, standard, or restriction, or any interpretation or administration of any of the foregoing by any agency, court, or other Governmental Entity, that applies to the rights or obligations of either Party under this MOU. “Governmental Entity” means any court, arbitrator, federal, state or local government agency, regulatory body, or other governmental authority or other entity granted authority by a governmental authority to enact, enforce or interpret laws, rules and/or regulations.
8. UTILITIES. Commencing on the Commencement Date, City shall timely pay prior to delinquency for all water, gas, heat, light, power, telephone and other utilities and services supplied to the Premises together with any taxes thereon. Throughout the term of this MOU, City shall promptly execute and deliver to Lessor after Lessor’s request therefore, and shall require in any sublease that any sublessee execute and deliver, any utility or other authorization or document reasonably necessary for Lessor to comply with California’s Energy Use Program or any other energy efficiency or similar program required by any governmental agency.
9. INSURANCE. During the Term, City shall obtain and maintain the following policies of insurance or self-insurance:
a. all-risk property insurance against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in Special Form (All Risk) Coverage in general use in the State of California, insuring the Premises in an amount equal to one hundred percent (100%) of the replacement cost thereof; b. a commercial general liability policy, including insurance naming Lessor, as an additional insured, protecting against any and all claims for injury to persons or property occurring in or about the Premises and protecting against assumed or contractual liability under this MOU with respect to the Premises and the operations of City, and anyone holding through City, in, on or about the Premises, with such policy to be on an “occurrence basis” in the minimum amount of One Million Dollars ($1,000,000.00) combined single limit coverage with a general aggregate of such coverage not less than Three Million Dollars ($3,000,000.00);
c. With respect to the City’s or any subleases business operations on the Premises, worker’s compensation insurance as required by law and employer’s liability insurance with limits no less than One Million Dollars ($1,000,000.00);
d. Prior to commencing any construction activities within the Property whose work costs greater than $10,000.00, City shall obtain or require its contractor to obtain and thereafter maintain so long as such construction activity is occurring, at least the minimum insurance coverages set forth below:
1. Workers’ Compensation at statutory limits;
2. Employers’ Liability $1,000,000;
3. Builder’s Risk in the amount equal to the contract cost for the work;
4. Commercial General Liability and Business Auto Liability as follows:
a. Bodily Injury - $1,000,000 per occurrence;
b. Property Damage - $1,000,000 per occurrence;
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e. Certificates of insurance evidencing all such insurance and acceptable to the Lessor shall be filed with Lessor prior to occupancy of the Premises. Such certificates of insurance must specifically show all the special policy conditions required in this paragraph, including “additional insured,” “waiver of subrogation,” “notice of cancellation,” and “primary insurance” wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Lessor in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.
City shall furnish Lessor with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy.
10. INDEMNIFICATION.
a. Indemnification of Water Department. Except to the extent arising or resulting from the negligence or willful misconduct of Lessor or any of its agents, employees, vendors, or contractors, City shall indemnify, defend and hold harmless Lessor from and against all claims, costs, including reasonable attorney’s fees and costs, expenses and liabilities (collectively, “Losses”) to the extent arising or resulting in any manner whatsoever from (a) City’s (and anyone holding or acting through City’s) use and enjoyment of and interest in the Premises, (b) any breach or default in the performance of any obligation on City’s part to be performed under the terms of this MOU, or (c) any negligence or willful misconduct of City (and anyone holding or acting through City) resulting in any damage or harm to Lessor or the Property.
b. Indemnification of City. Except to the extent arising or resulting from the negligence or willful misconduct of City or any of its agents, employees, vendors, or contractors, Lessor shall indemnify, defend and hold harmless City from and against all Losses to the extent arising or resulting in any manner whatsoever from (a) Lessor’s (and anyone holding or acting through Lessor’s) use and enjoyment of and interest in the Property, (b) any breach or default of the representations and warranties contained herein or in the performance of any obligation on Lessor’s part to be performed under the terms of this MOU, or (c) any negligence or willful misconduct of Lessor (and anyone holding or acting through Lessor) resulting in any damage or harm to City or the Premises. c. Survival and Insurance. All obligations of the Parties hereto to indemnify and defend the other as set forth in this MOU, shall survive termination of this MOU. The provisions of this Section shall not be construed so as to relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions of any valid insurance policy.
11. SURVIVAL. Upon the expiration or earlier termination of this MOU, City shall quit and surrender the Premises in its “as-is” condition, broom clean with all personal property removed. City shall have no right to hold over following the expiration of the Term except with the prior written consent of Lessor. City’s improvements which remain on the Premises following the expiration or the earlier termination of this MOU shall, at Lessor’s election, be deemed to have been surrendered to Lessor.
12. DEFAULTS AND REMEDIES.
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a. Defaults. Each of the following events shall be a default by City and a breach of this MOU, and shall constitute an “Event of Default” hereunder: (i) abandonment of the Premises, the Parking Facilities or any other improvements hereafter constructed thereon, where such abandonment continues for a period of thirty (30) consecutive days after notice thereof by Lessor to City; (ii) the subjection of any right or interest of City in the Premises to attachment, execution or other levy, or to seizure under legal process, if not released within ninety (90) days; (iii) City’s violation of the use restrictions set forth herein; (iv) failure of City to observe or perform any of its covenants, conditions or agreements under this MOU; or (v) such other events of default as are set forth under the terms this MOU. b. Notice and Right to Cure. If the alleged default is monetary in nature, Lessor shall deliver written notice to City of the default and City will have ten (10) days after the receipt of such written notice to cure the default. As to any other non-monetary defaults, except as otherwise provided herein, City shall have thirty (30) days after written notice is given by Lessor specifying the nature of the default to cure the default; provided, however, that if after exercise of due diligence and its best efforts to cure such non-monetary default City is unable to do so within the thirty (30) day period, then the curing period shall be extended for such reasonable time as may be necessary for curing such default, so long as City continues to diligently prosecute to completion the curing of the default. As used herein, non-monetary defaults shall include, without limitation, a breach of any covenant of City hereunder, City’s failure to perform as required hereunder, and a breach of any warranty, representation or other agreement of City under this MOU. c. Remedies. If any Event of Default by City shall continue uncured upon expiration of the applicable curing period, Lessor may, at Lessor’s election, terminate this MOU upon notice to City. All of City’s rights in the Premises, the Parking Facilities and all other improvements thereon shall terminate upon termination of this MOU. Promptly after any such termination, City shall surrender and vacate the Premises and Lessor may re-enter and take possession of the Premises and all such improvements. Termination under this Section shall not relieve City from the payment of any rent then due, or from any claim for damages previously accrued, or then accruing, against City.
13. ASSIGNMENT. Without Water Department’s written consent, which shall not be unreasonably withheld, City shall not assign or hypothecate this MOU or any interest herein or sublet the Premises or any part thereof, or permit the use of the Premises by any party other than for the use permitted herein.
14. CASUALTY. If the Premises, or any part thereof shall be destroyed or damaged at any time during the Term, to the extent that, in City’s reasonable opinion, it would take more than nine (9) months to complete the necessary repairs or rebuilding to the Parking Facilities after the date of damage, or the continued construction or operation of the Parking Facilities has been rendered impractical in the opinion of City, then City shall have the right to terminate this MOU upon written notice to Lessor within sixty (60) days after the date of such damage or destruction. If City decides to repair or rebuild the Parking Facilities or fails to give notice of termination within such sixty (60) day period then (a) City shall repair, alter, restore, replace or rebuild the Parking Facilities to the condition existing prior to such damage or destruction (or with such changes thereto as may be elected by City (and subject to the terms of this MOU)), provided that all such restoration work shall be performed in accordance with the terms and conditions of this MOU, and (b) if the cost to so rebuild or reconstruct shall exceed the proceeds of any insurance, City shall be liable for any
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such deficit. If, however, the proceeds of any insurance covering such damage or destruction exceed the cost of repair or reconstruction, such excess shall belong to City. All such repair, restoration or rebuilding required under this Section shall be commenced within six (6) months after the occurrence of the casualty and receipt of all permits and approvals (which City shall diligently pursue obtaining) and performed with due diligence in a good and workmanlike manner and in accordance with all applicable Laws.
15. ENVIRONMENTAL CONDITIONS.
a. Prohibited Uses. No adverse environmental condition in violation of Environmental Laws shall be permitted to exist on any portion of the Premises, nor shall any Hazardous Substance (as defined below) be permitted to be disposed of, or otherwise deposited in or on or allowed to emanate from the Premises, including, without limitation, into the surface of any waters and subsurface waters thereof, by City or its agents or employees in violation of Environmental Laws (defined below). Throughout the term of this MOU, City shall be obligated to comply with all Environmental Laws with respect to (a) the use, enjoyment or occupancy of the Premises, or (b) the presence of any Hazardous Substance on the Premises, except with respect to: (i) any Hazardous Substances present on or under the Premises prior to the Commencement Date; (ii) any Hazardous Substances brought onto the Premises by Water Department or any of Water Department’s agents, employees, or contractors; and (iii) any Hazardous Substances that migrate onto the Premises during the Term. Hazardous Substances may be transported to and from the Premises, and stored, generated, used and disposed of at the Premises by City and its agents and employees, so long as such transport, storage, generation, use and disposal is (i) ancillary to the ordinary course of business of an otherwise permitted use hereunder with the intent that such substances will be used in the ordinary course of business, and (ii) conducted in full compliance with all Environmental Laws. City covenants that it shall use the Property for the Parking Facilities only.
b. Definitions.
i. “Environmental Laws” means any and all applicable laws and authorizations issued, promulgated or entered into by any Governmental Entity relating to the environment, preservation or reclamation of natural resources, or to the management, handling, use, generation, treatment, storage, transportation, disposal, manufacture, distribution, formulation, packaging, labeling, release or threatened Release of or exposure to Hazardous Substances, whether now existing or subsequently amended or enacted, including but not limited to: the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (“CERCLA”); the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.; the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C.
Section 11001 et seq.; the Safe Drinking Water Act, 42 U.S.C. Section 300(f) et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C.
Section 6901 et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Oil Pollution Act of 1990, 33 U.S.C. Section 2701 et seq.; and any similar
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or implementing federal, state or local law, and all amendments or regulations promulgated thereunder; and any common law doctrine, including but not limited to, negligence, nuisance, trespass, personal injury, or property damage related to or arising out of the presence, release, or exposure to Hazardous Substances.
ii.“Hazardous Substances” means all explosive or regulated radioactive materials or substances, hazardous or toxic materials, wastes or chemicals, petroleum and petroleum products (including crude oil or any fraction thereof), asbestos or asbestos containing materials, and all other materials, chemicals or substances which are regulated by, form the basis of liability or are defined as hazardous, extremely hazardous, toxic or words of similar import, under any Environmental Law.
16. MISCELLANEOUS.
a. Entire Agreement; Construction. All understandings and agreements between the Parties regarding the Premises, whether oral or written, are merged into this MOU and the Exhibits and Schedules hereto, which alone fully and completely expresses their understanding and supersedes all prior understandings, agreements, arrangements and representations between the Parties with respect to the Premises.
b. Further Assurances. If either Lessor or City reasonably determines that any further instruments or any other acts are necessary or desirable to carry out the terms of this MOU, including any documents necessary for City to construct the Parking Facilities, the other Party will promptly execute and deliver all such instruments and assurances and do all things reasonably necessary and proper to carry out the terms of this MOU. c. Waiver. The failure of either Party hereto to enforce at any time any of the provisions of this MOU or to exercise any right which is herein provided will in no way be construed to be a waiver of such provision nor in any way to affect the validity of this MOU or any part thereof or the right of either Party to enforce thereafter each and every such provision and to exercise any such right. No waiver of any breach of this MOU will be held to be a waiver of any other or subsequent breach. Nothing will constitute, or have the effect of, a waiver except an instrument in writing signed by a duly authorized officer or representative of the Party against whom such waiver is sought to be enforced which expressly, and not impliedly, waives a right or rights under this MOU.
d. Notices. Except as otherwise provided herein, all notices required or permitted to be given under this MOU must be in writing and addressed to the Party to whom it was sent at the address of such Party set forth below or at such other address as the Party may subsequently designate to the other by notice given in accordance with this Section, provided, Lessor and City may only change to a street address that allows for personal delivery. Notices shall be delivered by hand delivery or electronic mail or letter. Notice by hand delivery or electronic mail shall be deemed to have been received by the close of the business day on which it was hand delivered (unless hand delivered or emailed after close of business in which case it shall be deemed received at the close of the next business day). Notice by overnight mail or courier shall be deemed to have been received one (1) business day after it was sent.
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If to Water Department:
San Bernardino Municipal Water Department
1350 South E Street
San Bernardino, CA 92408
Attn: Miguel Guerrero, General Manager
Email: [email protected]
If to City:
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: Eric Levitt, City Manager
Email: [email protected]
[Signature Page Follows]
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MEMORANDUM OF UNDERSTANDING
REGARDING LEASE OF CERTAIN PROPERTY
By and between the Mayor and Council of the City of San Bernardino and the Water Board of the City of San Bernardino for the lease of certain property.
Date: ______________________
Date: ______________________
APPROVED AS TO FORM:
By: ________________________________
City Attorney
MAYOR AND COUNCIL OF THE
CITY OF SAN BERNARDINO:
By: ________________________________
Eric Levitt, City Manager
WATER BOARD OF THE
CITY OF SAN BERNARDINO:
By: ________________________________
Miguel J. Guerrero, General Manager
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Exhibit “A”
Parking Lot Property
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Exhibit “B”
City Construction Covenants
1.Drawings / Plans
a. City to provide a copy of its construction-quality drawings and/or plans that adequately identify proposed installations.
b. City to provide proof of contractor insurance documents for this project. c. City to provide draft, final, and list of pending environmental/regulatory documents.
2.Stormwater requirements
a. City to be responsible for meeting any stormwater quality requirements for runoff from the Property.
b. City shall extend the existing concrete curb on the east side of the proposed parking area to the asphalt curb on the west side of the proposed parking area, with the fifteen (15) foot clear distance to the water system on the south side such that any water runoff from the parking area does not flow to the SBMWD Sampling Point S-001. c. City shall perform routine maintenance on the existing drainage area on the westernmost edge of the Property that transmits runoff from 333 Chandler Place and 397 Chandler Place to West Century Ave.
3.Buried Perimeter Intrusion Detection System (PIDS)
a. City to follow the specific requirements for protecting the shallow, expensive, sensitive buried PIDS.
b. City to submit any changed plans to Water Department for approval. c. Both crossings of the PIDS line will be covered with a traffic-rated trench plate that is secured from sliding or concrete slab with appropriate reinforcement to prevent loading on the uncompactable sand layer surrounding the buried PIDS. d. K-rail or other form of barrier that is not easily moved to be placed at least 3 feet from the PIDS line. PIDS line will be located with a minimum of two (2) business days’ notice for City upon request by SBMWD staff. K-rail, if used, does not need to be CalTrans rated.
4.Fencing
a. North/South fence line on the east side of the parking lot to be aligned parallel to and west of the existing curb face.
b. East/West fence line on the south side of the parking lot to be aligned such that a minimum of fifteen (15) foot clear distance exists from the potable water connection piping near the Century Gate.
c. Double-panel gate adjacent to the bus yards may be used by City, so long as a continuous fence line blocks access into the WRP.
d. The asphalt curb near the double-panel gate may be cut and removed, so long as the nearby PIDS line is not disturbed.
e. Temporary and final fencing shall be of a secure type equal to or exceeding the 6' chain link with razor wire (top and bottom) that surrounds the animal shelter and WRP.
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f. A stop sign shall be placed at the Century Ave gate to reduce vehicle conflicts with vehicles exiting the WRP.
g. Fencing shall be kept in place in a continuous perimeter at all times. At no point shall the fence be allowed to remain unclosed and the WRP unsecure.
5.Security Access List for WRP
a. Adhere to Water Department’s security specifications.
6.WRP Liaison
a. City to include Kevin Stewart (Water Reclamation Director) and Travis Mendenhall (Water Reclamation Superintendent) on all project communications. b. City to include WRP liaison in construction meetings with its contractor.
7.Clean Stone
a. If City intends to pave the Property with an aggregate, City to ensure use of a clean, fresh, natural stone that is not recycled, nor does it contain unnatural metals. These materials warrant a problem with stormwater runoff.
8.Palm Tree
a. Base of palm tree shall not be excavated.
b. Any disturbance of the tree shall be approved by E&RC Director in compliance with any biological needs (bird nests).
9.Grading
a. City shall be aware that the County Fire Department performed trench rescue training in the applicable area over many years. This involved multiple excavations of up to 10 feet in depth with uncompacted backfill. These areas were pointed out during previous meetings. The holes have been backfilled for over a year and may be sufficiently compacted to support a gravel parking lot.
10.Area Restoration
a. The area shall be restored to its current condition or better at the completion of the lease.