HomeMy WebLinkAboutRES 2020-070 Norton Science and Language Academy Lease AgreementRESOLUTION NO.2020-70
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT ALLOWING THE DEVELOPMENT,
ESTABLISHMENT, AND OPERATION OF THE NORTON
SCIENCE AND LANGUAGE ACADEMY AT 230 SOUTH
WATERMAN AVENUE
WHEREAS, the City of San Bernardino ("City") and the County of San Bernardino
("County") are owners of certain real property, known as 230 South Waterman Avenue, San
Bernardino, California ("Property").
WHEREAS, the Property is the subject of a settlement agreement dated February 25,
2019 between the City, County, and the High Desert Partnership in Academic Excellence
Foundation, Inc., ("High Desert").
WHEREAS, the settlement agreement contemplates the development of the Property for
a County preschool facility and the Norton Science and Language Academy, a charter school;
and
WHEREAS, 230 South Waterman Avenue, LLC. ("Tenant"), an affiliate of High Desert,
desires to lease the Property from the City and the County with the intent that Tenant sublease
the Property to High Desert in order to develop the Property as required by the settlement
agreement; and
WHEREAS, under the Ground Lease Agreement, High Desert will construct and operate
a public charter school facility known as the Norton Science and Language Academy under a
charter granted by the San Bernardino County of Board of Education; and
WHEREAS, as consideration for the lease of the Property in lieu of rent, Tenant shall
construct or have constructed a new preschool facility for the County under the state preschool
and federal "Head Start" programs in accordance with a separate Improvement Agreement
between the County and High Desert and Tenant shall construct the charter school facility; and
WHEREAS, the Project will provide educational services and programs meeting the
educational needs of students within the community through the construction of a new facility
that will complement the surrounding developments along the south Waterman Avenue corridor;
and
WHEREAS, an Initial Study of the Project was conducted in accordance with the
California Environmental Quality Act ("CEQA"). The analysis indicated that the Project would
not have a significant adverse impact on the environment with mitigation; and
Resolution No. 2020-70
April 15, 2020
Page 1 of 4
WHEREAS, the applicant submitted and the Planning Division of the City of San
Bernardino accepted an Initial Study/Mitigated Negative Declaration. Pursuant to State CEQA
Guidelines, a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project was
posted on November 30, 2019 for the CEQA-mandated thirty (30) day public review and
comment period; and
WHEREAS, on January 14, 2020, the Planning Commission adopted Resolution No.
2020-005 forwarding a recommendation that the Mayor and City Council of the City of San
Bernardino, California to: adopt the Mitigated Negative Declaration, approve General Plan
Amendment 19-01, Development Code Amendment 19-05, and Conditional Use Permit 19-10;
and
WHEREAS, on February 5, 2020, the Mayor and the City Council of the City of San
Bernardino adopted the Mitigated Negative Declaration, approved General Plan Amendment 19-
01, approved Development Code Amendment 19-05, and approved Conditional Use Permit 19-
10; and
WHEREAS, with these prerequisites satisfied, the City, the County, and High Desert
have now negotiated the terms of the Ground Lease Agreement that will provide for the
construction and operation of the Norton Science and Language Academy as well as the
development of a County preschool facility.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The terms of the Ground Lease Agreement are in the best interests of the
City for the leasing of the property described therein and are hereby approved in substantially the
form presented herewith.
SECTION 3. The Mayor and the City Council of the City of San Bernardino hereby
authorize the City Manager to enter into the Ground Lease Agreement attached hereto as Exhibit
A.
SECTION 4. The Mayor and the City Council of the City of San Bernardino further
authorizes the City Manager to execute and deliver any and all documents which they may deem
necessary or advisable in order to effectuate the purposes of this Resolution, the settlement
agreement, and the Ground Lease Agreement.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
Resolution No. 2020-70
April 15, 2020
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APPROVED and ADOPTED by the City Counci , id si ned le Mayor and attested
by the Acting City Clerk this 15'' day of April 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
r
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2020-70
April 15, 2020
Page 3 of 4
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-70, adopted at a regular meeting held on the 15a' day of April 2020
by the following vote:
Council Members:
AYES NAYS ABSTAIN ABSENT
SANCHEZ
X
IBARRA
X
FIGUEROA
X
SHORETT
X
NICKEL
X _
RICHARD
X
MULVIHILL
X
WITNESS my hand and official seal of the City of a Bernardino this,, )t' day of April 2020.
Genoveva Rocha, CMC, Acting City Clerk
Resolution No. 2020-70
April 15, 2020
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