File #: 20-0249    Version: 1 Name:
Type: Agenda Item Status: Approved
File created: 3/10/2020 In control: City Council
On agenda: 5/12/2020 Final action: 5/12/2020
Title: Request City Council to Accept the Public Improvements; Authorize the Public Works Director/City Engineer to File the Notice of Completion; and Authorize the City Manager to Reimburse MP Rialto, LLC, in the amount of $699,685.58 in Accordance with the Construction Fee Credit and Reimbursement Agreement. (ACTION)
Attachments: 1. Attachment 1 - Council Item 03-14-2017 Tab 6.pdf, 2. Attachment 2 - Executed Consent to Assignment & Assumption of Const. Fee Credit & Reimbursement Agreement for Proficiency Renaissance LLC.pdf, 3. Attachment 3 - Council Report 02-27-2018 .pdf, 4. Attachment 4 - Soft Cost Calculation.pdf, 5. Attachment 5 - DIF calculation.pdf, 6. Attachment 6 - GASB34.pdf
For City Council Meeting [May 12, 2020]
TO: Honorable City Council
APPROVAL: Rod Foster, City Manager
FROM: Matt Schneider, Community Development Director

Title
Request City Council to Accept the Public Improvements; Authorize the Public Works Director/City Engineer to File the Notice of Completion; and Authorize the City Manager to Reimburse MP Rialto, LLC, in the amount of $699,685.58 in Accordance with the Construction Fee Credit and Reimbursement Agreement.
(ACTION)

Body
BACKGROUND
In 2016, Proficiency Capital, LLC, ("Proficiency") submitted various planning and development applications (Amendment No. 5 to the Renaissance Specific Plan, PPD 2453, TPM 19754, and EAR 16-27) to the City for the proposed development of three (3) warehouses totaling 340,715 square feet on 18.20 acres of land on the southeast corner of Renaissance Parkway and Palmetto Avenue.

On January 25, 2017, the Development Review Committee (DRC) approved the Precise Plan of Design (PPD 2453) subject to certain Conditions of Approval including:

1. Widening and reconstructing the roadway along the project's frontages on the north and the south side of the centerline of Renaissance Parkway;
2. Constructing a raised center median along Renaissance Parkway; and
3. Installing an off-site sewer system along Renaissance Parkway from Alder Avenue westerly to the site.

Because there is no developable property on the north side of Renaissance Parkway, the Transportation Commission requested that the City and Proficiency develop a plan to construct the full width street improvements concurrent with the Project. Proficiency agreed to undertake this effort subject to a Construction Credit and Reimbursement Agreement per Section 3.33.100 of the Rialto Municipal Code (Fee Credits) states that:

"...if as a condition of approval of a development project a Developer constructs a public facility identified in a Nexus Report for which a development impact fee is imposed, then the Developer shall be eli...

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