REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
November 19, 2024
FROM
NOEL CASTILLO, Chief Flood Control Engineer, Flood Control District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Approval of Force Majeure Delay of Agreements with the City of Highland
End
RECOMMENDATION(S)
Recommendation
Acting as the Governing Body of the San Bernardino County Flood Control District:
1. Acknowledge and not dispute the position taken by the City of Highland in their letter, dated October 21, 2024, regarding a unanticipated 12-month delay caused by the COVID-19 pandemic under both the Habitat Mitigation Reimbursement Agreement and the First Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions, both dated January 28, 2020, resulting in a corresponding 12-month extension on the completion date for the City to perform the mitigation for San Bernardino Kangaroo Rat habitat, and a 12-month extension on the close of escrow due date under the First Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions.
2. Waive the requirement in Section 6.9 of the Habitat Mitigation Reimbursement Agreement with the City of Highland, that required the City of Highland to provide the San Bernardino County Flood Control District notice of their 12-month delay, within 30 days of the occurrence.
3. Find that the COVID-19 pandemic created a 12-month force majeure delay pursuant to Section 4.10(b)(4) of the First Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions, dated January 28, 2020, for the San Bernardino County Flood Control District to complete "Seller Work" as defined in the First Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
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