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HomeMy WebLinkAboutMOU - CSUSB-Palm Desert Campus Master PlanSTAFF REPORT CITY OF PALM DESERT ECONOMIC DEVELOPMENT MEETING DATE: November 16, 2017 REQUEST: Recommendation By Minute Motion: Approval of a Memorandum of Understanding between the City of Palm Desert and California State University San Bernardino (CSUSB) for the CSUSB-Palm Desert Campus Master Plan. 1. Approve a Memorandum of Understanding (MOU) with CSUSB for the CSUSB-Palm Desert Campus Master Plan. 2. Authorize the City Manager to execute the MOU and allow the City Attorney to make non -substantive changes. Strategic Plan Objective The proposed MOU aligns with the City's Strategic Plan Priority 2 in the Education section: Priority 2: Become an "Education Destination" which is successful in attracting and retaining students of all ages by providing outstanding academic and cultural programs and demonstrating high levels of career readiness. Executive Summary Approval of the above recommendations will authorize the City Manager to execute an MOU with CSUSB approving the CSUSB-Palm Desert Campus Master Plan. The Master Plan lays out the physical configuration of future university buildings, parking, housing and facilities for the future expansion of the Palm Desert Campus. Background Analysis The City of Palm Desert and the former Palm Desert Redevelopment Agency has been instrumental in facilitating the development of both the CSUSB-Palm Desert Campus and the University of California Riverside (UCR) — Palm Desert Extension. Over the last decade the former Palm Desert Redevelopment Agency has donated the land which these two campuses have been developed on. The CSUSB-Palm Desert Campus sits on approximately 178 acres and the UCR-Palm Desert campus sits on 20 acres, generally located at the northeast corner of Cook Street and Frank Sinatra Drive (see attached map). The CSUSB-Palm Desert Campus has been successful in growing the campus with 4 buildings and 1,200 students. This summer, the campus graduated its' first 4 year student November 16, 2017 — Staff Report CSUSB Palm Desert Master Plan MOU Page 2 of 3 class. The campus continues to grow, evolve and provides a variety of bachelors and master's degree programs. Discussion Over the last year, CSUSB prepared a master plan for the remaining property at the Palm Desert Campus. The new master plan was prepared with the involvement of existing students, community stakeholders, City and University staff. A series of community workshops were held at the Palm Desert Campus which allowed the community, students and staff to lead the vision of the future campus improvements. The master plan and document aims to transform the current low intensity, suburban commuter campus into a vibrant, walkable, round-the-clock, full service campus that can accommodate up to 8,000 full time students. The plan includes mixed -use academic buildings, student center/library, student housing, athletic fields and other facilities that will serve as a future standalone Cal - State Palm Desert campus (see attached master plan). In order for CSUSB and the City to support and facilitate the development of the CSUSB Palm Desert Campus as described in the master plan document, an MOU has been prepared for mutual execution. The attached MOU memorializes that both the City and CSUSB will aim to: • Communicate regularly and work cooperatively to facilitate the implementation of the master plan • Work cooperatively in coordination of the Cook Street/Berger Circle street signal • Continue to share information about proposed development projects that neighbor the campus • Work collaboratively with College of the Desert, Desert Sands and Palm Springs Unified School District to provide robust and cohesive educational system to further the development of a diversified and sustainable economy • Work together to continue to promote and support education at the CSUSB Palm Desert Campus throughout the Coachella Valley University Planning and Development Committee: The University Planning and Development Committee (UPDC) was re -instituted in 2013 as part of the final land transfers to CSUSB and UCR. The Committee consists of representatives from CSUSB, UCR, two councilmembers and a Palm Desert resident. The City representatives for the City include Mayor Jan Harnik, Mayor Pro Tem Sabby Jonathan and Dr. William Kroonen. The role of the committee is to provide informational updates on items of mutual interest to CSUSB-Palm Desert, UCR Palm Desert and the City. The committee is also responsible for reviewing planning and development proposals and to bring forward recommendations to the City Council. On November 3, 2017, the UPDC met to review and discuss the CSUSB Palm Desert Campus Master Plan. The committee reviewed the plan and unanimously recommended approval to the City Council. The phasing of the plan has not been developed, but CSUSB \\srv-fi12k3\groups\Econ Development\Martin Alvarez12017\SR\CSUSB-PD Master Plan MOUa 11-16-17 docx November 16, 2017 — Staff Report CSUSB Palm Desert Master Plan MOU Page 3 of 3 representatives indicate that funding is the key challenge to implement the master plan. If the City Council approves the attached MOU, the agreement will be presented to the CSU Board of Trustees in January along with the master plan and environmental impact report (EIR). Once the EIR and master plan are approved by the Board of Trustees, the campus will begin a fundraising campaign to assist with the next phase of development. Fiscal Analysis: The proposed master plan does not have a direct fiscal impact on the City's general fund, but the education of residents can have a significant positive impact on work force development and higher wage jobs. Prepared by: Martin Alvarez, Director of Economic Development LEGAL REVIEW Approved as to Form tv/A Robert W. Hargreaves City Attorney DEPT. REVIEW Martin Alvarez Econ. Development Director FINANCIAL REVIEW CITY MANAGER -,--Le. t Moore D ector of Finance Lauri Aylaian City Manager VENDOR: CSUSB Attn: Sharon Brown -Welty, Dean CSUSB Palm Desert Campus 37500 Cook Street Palm Desert, California 92211 ATTACHMENTS: Site Map Master Plan MOU \\srv-f l2k3\groups\Econ Development\Martin Alvarez\2017\SR\CSUSB-PD Master Plan MOUa 11-16-17 docx MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PALM DESERT CAMPUS MASTER PLAN This Memorandum of Understanding ("herein "MOU" ") is entered into by and between the City of Palm Desert ("City") and the Board of Trustees of California State University, on behalf of California State University, San Bernardino ("CSUSB"). The City and CSUSB may be referred to herein as a "Party" and collectively as "Parties." I. BACKGROUND The City of Palm Desert's longstanding commitment to higher education began decades ago when City leaders foresaw the need for a four-year university to complement the region's existing community college. They knew that a four-year university would strengthen Palm Desert and the entire Coachella Valley by ensuring that promising students would not be forced to leave the desert to pursue their educational aspirations. It would also produce a highly skilled workforce that would attract additional businesses and investment to Palm Desert and surrounding communities. In anticipation of the need for a campus, Palm Desert's leaders designated nearly 200 acres of land south of Interstate 10 and east of Cook Street as the home of a future four-year university. In the summer of 1994, a memorandum of understanding between the City and California State University, San Bernardino, paved the way for a new branch Palm Desert Campus on this site. Subsequent investments, including a $4.5 million donation in 2005 and construction of a more than $1 million ring road through the Campus, have brought the City's investment in a four-year university in Palm Desert to more than $16 million. In recognition of the City's generosity, California State University named the campus' Health Sciences Building after Palm Desert in 2008. More recently, CSUSB has prepared its 2016 Palm Desert Campus Master Plan, a dynamic document that aspires to transform the current low intensity, suburban, commuter campus into a vibrant, walkable, round-the-clock, full -service, sustainable campus that includes mixed -use academic buildings, student housing, athletic fields, and other facilities and amenities to serve to 8,000 full-time students. The Master Plan establishes an incremental approach to campus growth and development over a period of 20 years and explores options for diversified funding resources for implementation. Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 2 of 4 The goals outlined in the 2016 Palm Desert Campus Master Plan are consistent with the City's vision for the development of the campus as outlined in the City's recently updated General Plan and the supplementary University Neighborhood Specific Plan. These documents call for the City to continue to work with and support the development of the campus and to ensure that the lands around the Campus are developed in a way that maximizes connectivity and accessibility. The strategic alignment between the City's longtime investment in and commitment to the development of a four-year university in Palm Desert and CSUSB's 2016 Palm Desert Campus Master Plan is clear and forms the basis for the following agreement. II. PURPOSE It is the objective of all parties to this MOU to support and facilitate the development of the CSUSB Palm Desert Campus as described in the 2016 Palm Desert Campus Master Plan. III. RECITALS A. WHEREAS, a Draft Environmental Impact Report for the "2016 Campus Master Plan, California State University San Bernardino Palm Desert Campus" dated October 2017, has been prepared by CSUSB in accordance with the California Environmental Quality Act of 1970 (CEQA) (Public Resources Code, Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Section 15000 et seq.) to analyze the potential significant impacts associated with the 2016 Campus Master Plan project at the California State University, San Bernardino Palm Desert Campus; B. WHEREAS, the Draft CSUSB Palm Desert Campus Transportation Impact Analysis Report within the Draft Environmental Impact Report for "2016 Campus Master Plan" dated October 2017, was prepared by CSUSB to summarize the findings of the transportation analyses completed for CSUSB Palm Desert campus with the proposed master plan projects and future transportation and parking enhancements in place; C. WHEREAS, CSUSB desires to enter into a Memorandum of Understanding (MOU) with the City which defines the commitments and responsibilities of the parties, including those for the future off -site improvements identified in the CSUSB Palm Desert Campus Transportation Impact Analysis Report within the Draft Environmental Impact Report for "2016 Campus Master Plan" dated October 2017. IV. AGREEMENT A. The Parties agree to communicate regularly and work cooperatively to facilitate the development of the CSUSB Palm Desert campus as described in the 2016 Palm Desert Campus Master Plan. B. The City agrees to coordinate signalization on Cook Street to ensure safe, efficient, and reliable access to the Palm Desert Campus. Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 3 of 4 C. CSUSB agrees to make a fair share contribution of 100% of the cost of implementation of timing improvements at the intersection of Cook Street & University Park Drive/Berger Drive at such time both parties agree that conditions warrant the improvement. D. The City agrees to implement this off -site improvement at such time both parties agree that conditions warrant the improvement and shall not incur expenses greater than the fair share. E. The City agrees it will not challenge the Board of Trustees of the California State University's approval and certification of the Final Environmental Impact Report- 2016 Campus Master Plan, California State University San Bernardino Palm Desert Campus" dated October 2017. F. As the CSUSB Palm Desert Campus develops, the City will continue to monitor and evaluate motor vehicle, bicycle, and pedestrian traffic on Cook Street and endeavor to maintain an appropriate and safe balance between all modes of transportation and to ensure that Cook Street connects the campus and the surrounding community rather than serving as a barrier between them. G. The City will continue to share information about proposed development projects that neighbor the Palm Desert Campus with CSUSB's Department of Facilities, Planning, Design, and Construction for review and comment. H. The Parties will work collaboratively with other regional educational institutions, including College of the Desert and the Desert Sands and Palm Springs Unified school districts, to provide a robust and cohesive educational system that will serve local students of all ages and facilitate the development of a diversified and sustainable economy. I. The City will continue its commitment to promoting and supporting excellence in education at the CSUSB Palm Desert Campus and throughout the Coachella Valley. V. TERM A. This MOU shall be in effect upon execution by both Parties. B. The term of this MOU will commence as the date hereof and shall terminate upon written agreement of both parties. C. The City shall be responsible for the delivery of the improvement described in Section IV(C). VI. MISCELLANEOUS This MOU constitutes the entire understanding between the Parties with respect to the subject matter herein and shall not be amended, nor any provision waived, except in writing signed by the Parties. IN WITNESS THEREOF, the undersigned have executed this Agreement on the date indicated below. Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 4of4 Dated: CITY OF PALM DESERT Lauri Aylaian, City Manager CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO By: Tomas D. Morales, Ph.D., President Approved as to form: Robert Hargreaves, City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FO R CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PALM DESERT CAMPUS MASTER PLAN This Memorandum of Understanding ("herein "MOU" ") is entered into by and between the City of Palm Desert ("City") and the Board of Trustees of California State University, on behalf of California State University, San Bernardino ("CSUSB"). The City and CSUSB may be referred to herein as a "Party" and collectively as "Parties." I. BACKGROUND The City of Palm Desert's longstanding commitment to higher education began decades ago when City leaders foresaw the need for a four-year university to complement the region's existing community college. They knew that a four-year university would strengthen Palm Desert and the entire Coachella Valley by ensuring that promising students would not be forced to leave the desert to pursue their educational aspirations. It would also produce a highly skilled workforce that would attract additional businesses and investment to Palm Desert and surrounding communities. In anticipation of the need for a campus, Palm Desert's leaders designated nearly 200 acres of land south of interstate 10 and east of Cook Street as the home of a future four-year university. In the summer of 1994, a memorandum of understanding between the City and California State University, San Bernardino, paved the way for a new branch Palm Desert Campus on this site. Subsequent investments, including a $4.5 million donation in 2005 and construction of a more than $1 million ring road through the Campus have brought the City's investment in a four-year university in Palm Desert to more than $16 million. In recognition of the City's generosity, California State University named the campus' Health Sciences Building after Palm Desert in 2008. On March 19, 2015 CSU and the Successor Agency to the Palm Desert Redevelopment Agency ("SARDA") entered into a Development and Disposition Agreement (DDA) pursuant to which SARDA transferred approximately 113 acres to facilitate future expansion of the CSUSB campus. In the DDA. CSU made certain commitments regarding the development and use of the transferred property, including a commitment to use the words "Palm Desert" in future naming of the campus site. More recently, CSUSB has prepared its 2016 Palm Desert Campus Master Plan, a dynamic document that aspires to transform the current low intensity, suburban, izsW.ocios 30311310.: pRAFT I1/14/177 Formatted: zzmpTrailerItem Formatted: Default Paragraph Font Formatted_ zzmpTra i lerItem Fennatted: Default Paragraph Font Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 2 of 4 commuter campus into a vibrant, walkable, round-the-clock, full -service, sustainable campus that includes mixed -use academic buildings, student housing, athletic fields, and other facilities and amenities to serve to 8,000 full-time students. The Master Plan establishes an incremental approach to campus growth and development over a period of 20 years and explores options tor diversified funding resources for implementation. The goals outlined in the 2016 Palm Desert Campus Master Plan are consistent with the City's vision for the development of the campus as outlined in the City's recently updated General Plan and the supplementary University Neighborhood Specific Plan. These documents call for the City to continue to work with and support the development of the campus and to ensure that the lands around the Campus are developed in a way that maximizes connectivity and accessibility. The strategic alignment between the City's longtime investment in and commitment to the development of a four-year university in Palm Desert and CSUSB's 2016 Palm Desert Campus Master Plan is clear and forms the basis for the following agreement. II. PURPOSE It is the objective of all parties to this MOU to support and facilitate the development of the CSUSB Palm Desert Campus as described in the 2016 Palm Desert Campus Master Plan. III. RECITALS A. WHEREAS, a Draft Environmental Impact Report for the "2016 Campus Master Plan, California State University San Bernardino Palm Desert Campus" dated October 2017, has been prepared by CSUSB in accordance with the California Environmental Quality Act of 1970 (CEQA) (Public Resources Code, Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Section 15000 et seq.) to analyze the potential significant impacts associated with the 2016 Campus Master Plan project at the California State University, San Bernardino Palm Desert Campus; B. WHEREAS, the Draft CSUSB Palm Desert Campus Transportation Impact Analysis Report within the Draft Environmental Impact Report for "2016 Campus Master Plan" dated October 2017, was prepared by CSUSB to summarize the findings of the transportation analyses completed for CSUSB Palm Desert campus with the proposed master plan projects and future transportation and parking enhancements in place; C. WHEREAS, CSUSB desires to enter into a Memorandum of Understanding (MOU) with the City which defines the commitments and responsibilities of the parties, including those for the future off -site improvements identified in the CSUSB Palm Desert Campus Transportation Impact Analysis Report within the Draft Environmental Impact Report for "2016 Campus Master Plan" dated October 2017. 22504.00001130311310.E ?RAFT 11J14J1 I Formatted: 2zmpTrallerItem I Formatted: Line spacing: Exactly 1a pt I Formatted: Default Paragraph Font Formatted: umpTrallerItem ' Formatted: Default Paragraph Font Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 3 of 4 IV. AGREEMENT A. The Parties agree to communicate regularly and work cooperatively to facilitate the development of the CSUSB Palm Desert campus as described in the 2016 Palm Desert Campus Master Plan. B. The City agrees to coordinate signalization on Cook Street to ensure safe, efficient, and reliable access to the Palm Desert Campus. C. CSUSB agrees to make a fair share contribution of 100% of the cost of implementation of timing improvements at the intersection of Cock Street & University Park DrivelBerger Drive at such time both parties agree that conditions warrant the improvement. The parties aaree that this commitment to make a fair share contribution to timing improvements satisfies all CSUSB mitigation responsibilities to the City arising out of the 2016 Palm Desert Master Plan developm a nt. D. The City agrees to implement this off -site improvement at such time both parties agree that conditions warrant the improvement and shall not incur expenses greater than the fair share, E. The City agrees it will not challenge the Board of Trustees of the California State University's approval and certification of the Final Environmental Impact Report- 2016 Campus Master Plan, California State University San Bernardino Palm Desert Campus" dated October 2017. F. As the CSUSB Palm Desert Campus develops, the City will continue to monitor and evaluate motor vehicle, bicycle, and pedestrian traffic on Cook Street and endeavor to maintain an appropriate and safe balance between all modes of transportation and to ensure that Cook Street connects the campus and the surrounding community rather than serving as a barrier between them. G. The City will continue to share information about proposed development projects that neighbor the Palm Desert Campus with CSUSB's Department of Facilities, Planning, Design, and Construction for review and comment. H. The Parties will work collaboratively with other regional educational institutions, including College of the Desert and the Desert Sands and Palm Springs Unified school districts, to provide a robust and cohesive educational system that will serve local students of all ages and facilitate the development of a diversified and sustainable economy. I. The City will continue its commitment to promoting and supporting excellence in education at the CSUSB Palm Desert Campus and throughout the Coachella Valley. 1,J. This MOU does not after the commitments made in the 2015 DDA. V. TERM Z oO.000O1130311310.1., pRAFT 11/14/1 Formatted: zzmpTrailerltem Formatted: Line spacing: Exactly 10 pt Formatted: Default Paragraph Font Formatted: umpTrailerItem Formatted: Default Paragraph Pon[ Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 4 of 4 A. This MOU shall be in effect upon execution by both Parties. B. The term of this MOU will commence as the date hereof and shall terminate upon written agreement of both parties. C. The City shall be responsible for the delivery of the improvement described in Section IV(C). VI. MISCELLANEOUS This MOU constitutes the entire understanding between the Parties with respect to the subject matter herein and shall not be amended, nor any provision waived, except in writing signed by the Parties. IN WITNESS THEREOF, the undersigned have executed this Agreement on the date indicated below. Dated: CITY OF PALM DESERT Lauri Aylaian, City Manager CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO By: Tomas D. Morales, Ph.D., President Approved as to form: 472500.00001130311310.1, PRAFT 11/14/17 Robert Hargreaves, City Attorney I Formatted: umpTrailerItem Formatted: Line spacing: Exactly 10 pt • Formatted: Defaukt Paragraph Font Formatted: ampTrallerItem Formatted: Default Paragraph Font MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO PALM DESERT CAMPUS MASTER PLAN This Memorandum of Understanding ("herein "MOU" ") is entered into by and between the City of Palm Desert ("City") and the Board of Trustees of California State University, on behalf of California State University, San Bernardino ("CSUSB"). The City and CSUSB may be referred to herein as a "Party" and collectively as "Parties." I. BACKGROUND The City of Palm Desert's longstanding commitment to higher education began decades ago when City leaders foresaw the need for a four-year university to complement the region's existing community college. They knew that a four-year university would strengthen Palm Desert and the entire Coachella Valley by ensuring that promising students would not be forced to leave the desert to pursue their educational aspirations. It would also produce a highly skilled workforce that would attract additional businesses and investment to Palm Desert and surrounding communities. In anticipation of the need for a campus, Palm Desert's leaders designated nearly 200 acres of land south of Interstate 10 and east of Cook Street as the home of a future four-year university. In the summer of 1994, a memorandum of understanding between the City and California State University, San Bernardino, paved the way for a new branch Palm Desert Campus on this site. Subsequent investments, including a $4.5 million donation in 2005 and construction of a more than $1 million ring road through the Campus have brought the City's investment in a four-year university in Palm Desert to more than $16 million. In recognition of the City's generosity, California State University named the campus' Health Sciences Building after Palm Desert in 2008. On March 19, 2015 CSU and the Successor Agency to the Palm Desert Redevelopment Agency ("SARDA") entered into a Development and Disposition Agreement (DDA) pursuant to which SARDA transferred approximately 113 acres to facilitate future expansion of the CSUSB campus. In the DDA, CSU made certain commitments regarding the development and use of the transferred property, including a commitment to use the words "Palm Desert" in future naming of the campus site. More recently, CSUSB has prepared its 2016 Palm Desert Campus Master Plan, a dynamic document that aspires to transform the current low intensity, suburban, 72500.00001\30311310.1 DRAFT 11/14/17 Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 2 of 4 commuter campus into a vibrant, walkable, round-the-clock, full -service, sustainable campus that includes mixed -use academic buildings, student housing, athletic fields, and other facilities and amenities to serve to 8,000 full-time students. The Master Plan establishes an incremental approach to campus growth and development over a period of 20 years and explores options for diversified funding resources for implementation. The goals outlined in the 2016 Palm Desert Campus Master Plan are consistent with the City's vision for the development of the campus as outlined in the City's recently updated General Plan and the supplementary University Neighborhood Specific Plan. These documents call for the City to continue to work with and support the development of the campus and to ensure that the lands around the Campus are developed in a way that maximizes connectivity and accessibility. The strategic alignment between the City's longtime investment in and commitment to the development of a four-year university in Palm Desert and CSUSB's 2016 Palm Desert Campus Master Plan is clear and forms the basis for the following agreement. II. PURPOSE It is the objective of all parties to this MOU to support and facilitate the development of the CSUSB Palm Desert Campus as described in the 2016 Palm Desert Campus Master Plan. III. RECITALS A. WHEREAS, a Draft Environmental Impact Report for the "2016 Campus Master Plan, California State University San Bernardino Palm Desert Campus" dated October 2017, has been prepared by CSUSB in accordance with the Califomia Environmental Quality Act of 1970 (CEQA) (Public Resources Code, Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Section 15000 et seq.) to analyze the potential significant impacts associated with the 2016 Campus Master Plan project at the California State University, San Bernardino Palm Desert Campus; B. WHEREAS, the Draft CSUSB Palm Desert Campus Transportation Impact Analysis Report within the Draft Environmental Impact Report for "2016 Campus Master Plan" dated October 2017, was prepared by CSUSB to summarize the findings of the transportation analyses completed for CSUSB Palm Desert campus with the proposed master plan projects and future transportation and parking enhancements in place; C. WHEREAS, CSUSB desires to enter into a Memorandum of Understanding (MOU) with the City which defines the commitments and responsibilities of the parties, including those for the future off -site improvements identified in the CSUSB Palm Desert Campus Transportation Impact Analysis Report within the Draft Environmental Impact Report for "2016 Campus Master Plan" dated October 2017. Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 3 of 4 IV. AGREEMENT A. The Parties agree to communicate regularly and work cooperatively to facilitate the development of the CSUSB Palm Desert campus as described in the 2016 Palm Desert Campus Master Plan. B. The City agrees to coordinate signalization on Cook Street to ensure safe, efficient, and reliable access to the Palm Desert Campus. C. CSUSB agrees to make a fair share contribution of 100% of the cost of implementation of timing improvements at the intersection of Cook Street & University Park Drive/Berger Drive at such time both parties agree that conditions warrant the improvement. The parties agree that this commitment to make a fair share contribution to timing improvements satisfies all CSUSB mitigation responsibilities to the City arising out of the 2016 Palm Desert Master Plan development. D. The City agrees to implement this off -site improvement at such time both parties agree that conditions warrant the improvement and shall not incur expenses greater than the fair share. E. The City agrees it will not challenge the Board of Trustees of the California State University's approval and certification of the Final Environmental Impact Report- 2016 Campus Master Plan, California State University San Bernardino Palm Desert Campus" dated October 2017. F. As the CSUSB Palm Desert Campus develops, the City will continue to monitor and evaluate motor vehicle, bicycle, and pedestrian traffic on Cook Street and endeavor to maintain an appropriate and safe balance between all modes of transportation and to ensure that Cook Street connects the campus and the surrounding community rather than serving as a barrier between them. G. The City will continue to share information about proposed development projects that neighbor the Palm Desert Campus with CSUSB's Department of Facilities, Planning, Design, and Construction for review and comment. H. The Parties will work collaboratively with other regional educational institutions, including College of the Desert and the Desert Sands and Palm Springs Unified school districts, to provide a robust and cohesive educational system that will serve local students of all ages and facilitate the development of a diversified and sustainable economy. I. The City will continue its commitment to promoting and supporting excellence in education at the CSUSB Palm Desert Campus and throughout the Coachella Valley. J. This MOU does not alter the commitments made in the 2015 DDA. Memorandum of Understanding CSUSB 2016 Palm Desert Campus Master Plan Page 4 of 4 V. TERM A. This MOU shall be in effect upon execution by both Parties. B. The term of this MOU will commence as the date hereof and shall terminate upon written agreement of both parties. C. The City shall be responsible for the delivery of the improvement described in Section IV(C). VI. MISCELLANEOUS This MOU constitutes the entire understanding between the Parties with respect to the subject matter herein and shall not be amended, nor any provision waived, except in writing signed by the Parties. IN WITNESS THEREOF, the undersigned have executed this Agreement on the date indicated below. Dated: CITY OF PALM DESERT Lauri Aylaian, City Manager CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO By: Tomas D. Morales, Ph.D., President Approved as to form: Robert Hargreaves, City Attorney