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File #: 4213   
Type: Consent Status: Passed
File created: 5/11/2021 Department: Real Estate Services
On agenda: 5/18/2021 Final action: 5/18/2021
Subject: Easement Deed of Right-of-Way Dedication, Special Sewer Connection Agreement, and Water Quality Management Plan for the Topgolf Development in the City of Ontario
Attachments: 1. MAP-RESD-DPW-PARKS-051821-Easement Deed of ROW, Sewer Connection Agmt and WQMP for Topgolf, 2. ATT-RESD-DPW-PARKS-051821-DEED-Easement Deed of ROW, Sewer Connection Agmt & WQMP for Topgolf, 3. ATT-RESD-DPW-PARKS-051821-Easement Deed of ROW, Sewer Connection Agmt and WQMP for Topgolf, 4. COV-RESD-DPW-PARKS-051821-Easement Deed of ROW, Sewer Connection Agmt and WQMP for Topgolf, 5. RES-RESD-DPW-PARKS-051821-Easement Deed of ROW, Sewer Connection Agmt and WQMP for Topgolf, 6. R1-BAI-RESD-DPW-PARKS-051821-Easement Deed of ROW, Sewer Connection Agmt and WQMP for Topgolf, 7. Item #66 Executed BAI, 8. 21-366 Executed Contract, 9. Executed Easement Deed, 10. 2021-065 Executed Resolution
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION

May 18, 2021

FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BRENDON BIGGS, Director, Department of Public Works
BEAHTA DAVIS, Director, Regional Parks Department

SUBJECT
Title
Easement Deed of Right-of-Way Dedication, Special Sewer Connection Agreement, and Water Quality Management Plan for the Topgolf Development in the City of Ontario
End

RECOMMENDATION(S)
Recommendation
1. Adopt Resolution declaring that the conveyance of an Easement Deed Right-of-Way Dedication to the City of Ontario for approximately 5,474 square feet of County-owned property [a portion of Assessor Parcel Number (APN) 0210-181-45], located along Archibald Avenue in the City of Ontario for public street and public utility purposes is in the public interest and that said easement conveyed will not substantially conflict or interfere with the use of the property by the County; and authorizing the conveyance of said easement to the City of Ontario in accordance with Government Code Section 25526.6, at no cost.
2. Authorize the Chairman of the Board of Supervisors to execute the Easement Deed of Right-of-Way Dedication to the City of Ontario.
3. Approve the Special Sewer Connection Agreement with the City of Ontario and Topgolf USA SBD, LLC for a term commencing on the date of recording, and unless earlier terminated, continuing for the duration of Lease Agreement No. 19-279 with Topgolf USA SBD, LLC, which is scheduled to expire on or about January 25, 2042, to allow Topgolf USA SBD, LLC to connect to a Cucamonga Valley Water District sewer line with sewer connection improvements, use fees, and maintenance of the improvements within the leased premises to be at the sole cost of Topgolf USA SBD, LLC and maintenance of the portion of the improvements in the public right-of-way to be at the County's cost, which will be reimbursed by Topgolf USA SBD, LLC as...

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