San Bernardino header
File #: 1438   
Type: Consent Status: Agenda Ready
File created: 12/9/2019 Department: San Bernardino County Flood Control District
On agenda: 12/17/2019 Final action: 12/17/2019
Subject: First Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions and Habitat Mitigation Reimbursement Agreement with the City of Highland
Attachments: 1. ATT-FCD-RESD-121719-Grant Deed to City Highland North 8.6 acres, 2. ATT-FCD-RESD-121719-Grant Deed to City Highland South 11.6 acres, 3. CTL-FCD-RESD-121719-Restated Highland PSA, 4. MAP-FCD-RESD-121719-Greenspot Road, 5. CTL-FCD-RESD-121719-Habitat Mitigation Reimbursement Agreement, 6. Item #76 Executed BAI
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION

December 17, 2019

FROM
BRENDON BIGGS, Interim Chief Flood Control Engineer, Flood Control District
TERRY W. THOMPSON, Director, Real Estate Services Department

SUBJECT
Title

First Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions and Habitat Mitigation Reimbursement Agreement with the City of Highland
End

RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District (District):
1. Approve the First Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions, with the City of Highland to sell 11.58 acres of District property in fee for $2,500,000 to close escrow in January, 2020 and to sell 8.61 acres of District property in fee for $2,000,000 to close escrow upon the mitigation of impacted San Bernardino Kangaroo Rat habitat and completion of specified grading work, but in no event beyond five years; and to amend certain other terms and conditions of the Purchase and Sale Agreement and Joint Escrow Instructions, Contract No. 18-17.
2. Approve a Habitat Mitigation Reimbursement Agreement, authorizing the City of Highland to remove two flood control berms situated on the northerly 8.61-acre portion of the District property and to perform the mitigation for San Bernardino Kangaroo Rat habitat as necessitated by the berm removal, and authorize the District to reimburse the City of Highland up to, but not exceeding, $1,600,000 for the cost to perform both the berm removal and the related habitat mitigation.
3. Authorize the Chairman of the Board of Supervisors to execute two Grant Deeds to convey the fee simple interest in and to the District's property consisting of the southerly property comprised of approximately 11.58 acres, and the northerly property comprised of approximately 8.61 acres, to the City of Highland, a California munici...

Click here for full text