Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00511 March 22, 2022 Consent Item 10
Title: Public Improvement Maintenance Agreement for the Crocker Village Project
Location: District 7
Recommendation: Pass a Motion: 1) approving the Public Improvement Maintenance Agreement for the Crocker Village Project with the Crocker Village Homeowners Association; and 2) authorizing the City Manager or the City Manager’s designee to sign the Agreement.
Contact: Mary Jean Rodriguez, Senior Development Project Manager, (916) 808-1980, [email protected]
, Department of Finance; Sheri Smith, Special Districts Manager, (916) 808-7204, [email protected], Department of Finance
Presenter: None.
Attachments:
1-Description/Analysis
2-Public Improvement Maintenance Agreement
File ID: 2022-00511 Consent Item 10
March 22, 2022
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City of Sacramento
Description/Analysis
Issue Detail: The Crocker Village Project, previously known as Curtis Park Village, is located in the south area of the City of Sacramento along Sutterville Road (the Project). The Project includes approximately 192 single-family lots, 335 multifamily units, and a 6.2-acre park, a portion of which also serves as a drainage detention basin. PDC Construction Company is the master developer of the Project and has completed construction of the drainage retention basin. The City Council recently approved the park construction agreement with PDC Construction Company. The public improvements within the Project located on property to be conveyed to the City include the park and two pedestrian paseos which have also been built by PDC Construction Company.
On December 3, 2013, the Council adopted Resolution No. 2013-0390 establishing the Curtis Park Village Community Facilities District No. 2013-03 to fund maintenance of a small drainage basin and lighting on the light rail/Union Pacific Railroad pedestrian bridge. As the Project developed, the size of the detention basin increased significantly based on more detailed stormwater studies. The park amenities were modified to accommodate the joint use facility, and open spaces in the form of paseos were included to increase connectivity. The City annexed the Project into the Sacramento Maintenance Community Facilities District No. 2014-04, Annexation No. 5 to fund the maintenance of the additional public facilities included in the Project. Both Curtis Park Village Community Facilities District No. 2013-03 and Sacramento Maintenance Community Facilities District No. 2014-04, Annexation No. 5 (collectively, the Districts) authorize collection of a special tax from property owners within Crocker Village to be used for the maintenance of public facilities within the Project.
In 2019, the homeowners association (HOA) was formed for the Project to assume responsibility for maintenance of HOA common areas. The Public Improvement Maintenance Agreement (the Agreement) allows the HOA to assume responsibility for maintenance of the park and the two landscaped public open space paseo lots, at their own expense, in exchange for the City’s agreement to only levy the special tax for the costs of the remaining City’s maintenance obligations because the HOA can provide such maintenance at a lower cost. The HOA declined to be responsible for removal of the sediment in the drainage retention basin after major storm flows, which also serves as the park turf area for informal recreational activities. The other portion of the park site includes a playground and other park amenities.
Due to the Union Pacific Railroad mainline, the park includes a large soundwall and the HOA will be responsible for graffiti removal. The special tax will be levied to cover City’s ongoing maintenance of the drainage retention basin, including the repairs and replacement of the retention walls and outflow equipment, the concrete paths that serve as access roads within the park, inspection costs, and administration of the Districts. If the HOA fails to meet their park and paseo maintenance obligations, the City is authorized to levy the full amount of the special tax to fund maintenance of those public improvements.
File ID: 2022-00511 Consent Item 10
March 22, 2022
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City of Sacramento
Policy Considerations: The recommended action is consistent with Mello-Roos Community Facilities Act of 1982 (Government Code sections 53311-53368.3) which provides funding for maintenance of public facilities in the Project and City policy to allow HOAs in new developments to maintain parks and other public open space areas to reduce the special tax for maintenance levied on homeowners.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): The impacts of the public improvements were evaluated in the Curtis Park Village environmental impact report.
Maintenance of existing facilities is exempt from environmental review under the CEQA Guidelines section 15301.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: Approving the Public Improvement Maintenance Agreement will allow for the HOA to maintain the park and landscaped public open space lots pursuant to City standards in exchange for the City not levying the full amount of the District’s special tax, thereby providing a savings to the residents of Crocker Village.
Financial Considerations: Under the Agreement, the HOA is responsible to pay for the maintenance of the park and landscaped public open space lots at their own expense in exchange for the City’s agreement to not levy the full amount of the District’s special tax.
The recommended action does not affect the General Fund of the City.
Local Business Enterprise (LBE): Not applicable.
PUBLIC IMPROVEMENT
MAINTENANCE AGREEMENT
FOR
CROCKER VILLAGE PROJECT
Between
CITY OF SACRAMENTO
And
CROCKER VILLAGE HOMEOWNERS ASSOCIATION
Approved on:
By Motion No. 2022 -
Crocker Village Public Improvement
Maintenance Agreement 1
PUBLIC IMPROVEMENT
MAINTENANCE AGREEMENT
CROCKER VILLAGE PROJECT
Table of Contents
Section Heading Page No.
BACKGROUND 2
ARTICLE I DEFINITIONS AND EXHIBITS 5
ARTICLE II MAINTENANCE WORK 7
ARTICLE III MISCELLANEOUS PROVISIONS 14
EXHIBITS
EXHIBIT A PARK SITE PER VILLAGE 1 FINAL MAP 20
EXHIBIT B-1 CITY MAINTENANCE OBLIGATIONS 22
EXHIBIT B-2 HOA MAINTENANCE OBLIGATIONS 23
EXHIBIT C PARK MASTER PLAN 24
EXHIBIT D DETENTION BASIN AND BRIDGE LIGHTING 26
SPECIAL TAX DISTRICT BOUNDARY MAP
EXHIBIT E LANDSCAPING AND STREETSCAPE SPECIAL 27
TAX DISTRICT ANNEXATION BOUNDARY MAP
EXHIBIT F PARK AND DRAINAGE DENTENTION BASIN 28
LANDSCAPE MAINTENANCE STANDARDS SUMMARY
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Maintenance Agreement 2
PUBLIC IMPROVEMENT
MAINTENANCE AGREEMENT
CROCKER VILLAGE PROJECT
This PUBLIC IMPROVEMENT MAINTENANCE AGREEMENT (hereinafter "Agreement") is made and entered into as of this day of , 2022 (“Effective Date”), by and between the CITY OF SACRAMENTO, a municipal corporation (hereinafter the "CITY") and the CROCKER VILLAGE HOMEOWNERS ASSOCIATION, a California corporation (hereinafter “HOA”). The CITY and HOA may be referred to collectively as the “Parties” or in the singular as “Party,” as the context requires.
BACKGROUND
A. Project Site. The Crocker Village Project, previously known as Curtis Park Village, is located in the south area of the City of Sacramento along Sutterville Road (the “Project Site”). The “Developer” is PDC Construction Company, Inc., California corporation. The “Property” under the control of the HOA is a portion of the Project Site and encompasses approximately 33.125 gross acres.
B. Development Project. On September 28, 2010, the City Council approved certain entitlements for development of Curtis Park Village (the “Development Project”). The Development Project includes 189 housing units, 248 multifamily and 90 low income multifamily senior housing units, and 259,000 sq. ft. of commercial, retail, and office space. The Development Project included Parcel 9, also referred to as Lot C, as the neighborhood park and Parcel 10, also referred to as Lot N, for the drainage retention basin located within the park site. The Development Project also included Parcel 11 which was a 30 foot wide parkway street median within Donner Way.
C. Joint Use Drainage Detention and Park. On January 31, 2013, the Development Project was modified to reconfigure some of the housing lots, add a second drainage detention basin (Lot S), and the open space parkway lot (Parcel 11) was eliminated and the Donner Way street extension instead has landscaped open spaces along both sides of the street. On January 28, 2016, the second drainage retention basin (Lot S) was deleted and the drainage basin (Lot N) on the park site (Lot C) was reconfigured to cover 4.49 acres of the 6.6 net acre park. The park site became a joint use park and drainage retention basin referred to as Lot F or the “Park Site.”
Ownership of all of the Park Site is to be transferred to CITY by the Developer under irrevocable offers of dedication executed by Developer in favor of the City and recorded August 16, 2019 in Book 20190816 at page 1063 of the Sacramento County Official Records (“Park IOD”). Attached as Exhibit A is the depiction of Lot F pursuant to that certain Final Map recorded by Developer on August 16, 2019, in Book 415 of Maps at page 3 of the Sacramento County Official Records (“Village 1 Final Map”).
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D. Paseos. There are two 12 ft wide paved and landscaped pedestrian pathways located on Lots D and G (the “Paseos”) which are identified on the map attached hereto as Exhibit A. The Paseos are to be constructed by Developer and dedicated as easements to CITY as public access connections.
E. HOA. The HOA was formed on July 8, 2019 and encompasses the Property In order to reduce the assessments for the homeowners who pay an HOA fee and are subject to the Special Taxes as defined below, the Developer and CITY have planned that the HOA would assume maintenance of the CITY “Public Improvements” (as defined below) located on the Park Site and the Paseos. The HOA would be maintaining the private open space lots and could perform the work for maintenance of the Public Improvements at a lower cost, and so that the full amount of the Special Tax would not have to be assessed. Because the HOA is requiring CITY to assume responsibility for sediment removal from the drainage retention basin after major storms, a portion of the Special Tax will need to be assessed.
F. Special Taxes. A portion of each Special Tax is also to be assessed to cover CITY’s costs related to the drainage retention basin including repair and replacement of the basin walls (structural) and curbs, the inlet and outlet structures, the low flow drainage channel, the access roads, the gate to close access to the basin during stormwater events, and associated drainage appurtenances for the drainage retention basin located on the Park Site; for inspections of the basin walls and appurtenances; and for the playground safety inspections.
G. Park Improvement. Developer has prepared a park master plan for the Park Site, a copy of which is attached as Exhibit C. Upon completion of construction of the drainage retention basin and the park improvements by Developer in accordance with the approved plans, CITY will accept the property and ownership of the improvements, and thereby assuming liability for certain maintenance obligations as set forth in this Agreement, subject to the Developer’s and its contractor’s landscape maintenance and warranty obligations. Thereafter, maintenance of the drainage retention basin and park improvements will be the responsibility of the HOA and CITY as set forth in this Agreement. Developer has entered into an agreement with City to construct the park improvements, and the HOA is required to maintain the park improvements within the Park Site under the Tentative Map conditions.
H. Drainage Detention Basin. The turf area of the Park Site serves as the drainage retention basin. The drainage retention basin improvements have been specified under the stormwater facilities required under the Tentative Map conditions and the improvement plan must be approved by CITY. Once constructed, the Park Site will have retaining walls to hold the stormwater until the storm drainage system can accommodate the stormwater flow. The HOA is to be responsible (among other things) to regularly remove the graffiti from the walls and maintain their visual aesthetic appearance, and the turf area as shown in Exhibit C, as part of the park maintenance, subject to CITY’s obligation to remove the sediment from the basin floor after major storm events. However, the HOA is not responsible to remove the graffiti from the exterior of the wall facing the Union Pacific Railroad (UPRR) tracks unless UPRR
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Maintenance Agreement 4
grants access to its right of way. The CITY will (among other things) retain responsibility for the structural integrity of the basin retaining walls, subject to the maintenance and warranty obligations of the Developer. Control of the gate to close the basin when it is holding stormwater is to be the responsibility of the CITY.
Maintenance requirements for the drainage detention basin, the turf area of the park, is the same as the park landscaping maintenance. The CITY will also retain the obligation for removal of sediment after stormflows, maintenance of the inlet and outlet structures, and associated drainage appurtenances to insure proper operation for stormflow releases.
I. Drainage Detention Basin and Bridge Lighting Maintenance Special Tax District. On December 17, 2013, in accordance with the requirements of the Development Project’s Tentative Map, the Developer as owner of the Property initiated formation of a Community Facilities District under the Mello-Roos Community Facilities Act of 1982 (Government Code sections 53311-53368.3; “Act”), known as the Curtis Park Village Community Facilities District No. 2013-03, (the “Drainage Basin and Bridge Special Tax District”), which boundaries are shown in Exhibit D. The Drainage Basin and Bridge Special Tax District authorizes collection of a Special Tax from property owners to be used for (i) maintenance and operation of the drainage basin landscaping, and (ii) the annual energy costs and maintenance of special lighting on the pedestrian bridge over the light rail and Union Pacific railroad tracks (collectively the “Detention Basin and Bridge Lighting Public Improvements”). The Special Tax amount was determined in accordance with the method of apportionment set forth in the Rate and Method of Apportionment of Special Tax (“RMA”) as required by the Act, to fund the maintenance of the Drainage Basin and Bridge Public Improvements and other costs as specified in sections 2.1 and 2.4 of this Agreement. The cost for the drainage basin landscaping was reduced because that area was within the Park Site and is subject to the Landscaping and Streetscape Special Tax District as described below.
J. Park, Open Space and Streetscape Maintenance Special Tax District.
On December 12, 2017, in accordance with the requirements of the Development Project’s Tentative Map, the Developer as owner of the Property approved annexation of the Property to a Community Facilities District under the Mello-Roos Community Facilities Act of 1982 (Government Code sections 53311-53368.3; “Act”), known as the Sacramento Maintenance Community Facilities District No. 2014-04, Annexation No. 5 (the “Landscaping and Streetscape Special Tax District”) which boundaries are shown in Exhibit E. This is a citywide lighting and landscaping district which funds maintenance of certain parks, open space, streetscape landscaping, and street lighting.
The Special Tax District authorizes collection of a Special Tax from property owners to be used for specified purposes, in an amount determined in accordance with the method of apportionment set forth in the Rate and Method of Apportionment of Special Tax (“RMA”) as required by the Act, to fund the maintenance of the “Park, Open Space and Streetscape Public Improvements” and other costs as specified in sections 2.1 and
2.4 of this Agreement.
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Maintenance Agreement 5
K. HOA and City Maintenance Obligations. The purpose of this Agreement is to define the HOA’s and CITY’s maintenance obligations for the drainage retention basin and park improvements within the Park Site and the Paseos as more specifically set forth herein.
AGREEMENT
NOW, THEREFORE, based on the Background, the mutual promises and covenants of the Parties contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
ARTICLE I
DEFINITIONS AND EXHIBITS
1.1 Background. For purposes of this Agreement and all Exhibits, the capitalized terms shall have the meanings set forth below or in the Background, unless the context otherwise requires or if the capitalized term is defined in a particular section.
1.2 Exhibits. The documents which are attached to this Agreement and labeled as exhibits (the “Exhibits”) and which are referred to in this Agreement are incorporated into this Agreement by such reference. The documents which are referenced in this Agreement or in the Exhibits which may not be physically attached to this Agreement are also incorporated into this Agreement by such reference.
1.3 Interpretation. Words not defined in this Agreement shall be given their common and ordinary meaning. The word “shall” is always mandatory.
1.4 Unanimous Consent Form. The unanimous consent form is the executed Waiver and Unanimous Consent of the property owners to annexation to the Sacramento Maintenance Community Facilities District No. 2014-04, Annexation No. 5, and the Curtis Park Village Community Facilities District No. 2013-03 (collectively the “Unanimous Consent Form”).
1.5 Mello-Roos District Policy Manual. The document entitled "City of Sacramento Policy and Procedures for Use of Special Assessment and Mello-Roos Community Facilities District Financing for Infrastructure and Public Facilities," as adopted by the City Council on June 29, 1993 (Resolution 93-381), as the document may be amended from time to time, is the “Mello-Roos District Policy Manual.”
1.6 City Code. The “City Code” means the Sacramento Municipal Code as adopted by the City Council, as the Code may be amended from time to time, and the provisions of the Sacramento City Charter as it may apply to the provisions of the Sacramento Municipal Code and this Agreement.
1.7 City Maintenance Obligations. The “CITY Maintenance Obligations” under this Agreement are summarized in Exhibit B-1.
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1.8 Contractor. The term “Contractor” means a company licensed to do business in California as a contractor and possessing sufficient experience, financial resources and bonding capacity to undertake maintenance of the Public Improvements as specified herein.
1.9 Hazardous Substances. The term “Hazardous Substances” means any substance, material, waste or other pollutant or contaminant that is or becomes designated, classified and/or regulated as hazardous or toxic under any federal, state or local law, statute, ordinance, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted.
1.10 Hearing Report. The “Hearing Report” is the report for the Sacramento Maintenance District Community Facilities District No. 2014-04 and the Curtis Park Village Community Facilities District No. 2013-03 required by the Act which identifies the type of public improvements and the Special Tax amount required for maintenance thereof, as adjusted by the Unanimous Consent Form.
1.11 HOA Maintenance Obligations. The “HOA Maintenance Obligations” under this Agreement are summarized in Exhibit B-2.
1.12 Landscaping. The term “landscaping” means all turf, flowers, shrubs, trees and any other type of living plant material.
1.13 Maintenance. The term “maintenance” includes watering, inspecting, cleaning, trash and graffiti removal, painting, cutting, mowing, edging, pruning, repairing, replacing, and reconstructing the Public Improvements to the standards specified in (i) the City of Sacramento Park Maintenance Services General Specifications and Provisions (PLS06-1) dated September 15, 2006 for the Park Site (the “Park Maintenance Standards”); and (ii) the City of Sacramento Landscape Maintenance Services General Specifications and Provisions (LS-18) dated January 1, 2018 for the Paseos (the “Landscape Maintenance Standards”). These standards are summarized in Exhibit F, which also includes the additional tasks for maintenance of the drainage retention basin.
1.14 Maximum Special Tax. The “Maximum Special Tax” is the maximum rate that can be levied against owners of the Property in accordance with the RMA and the Unanimous Consent Form.
1.15 Public Improvements. The “Public Improvements” are the improvements described in section 2.1 of this Agreement.
1.16 RMA. The rate and method of apportionment (the “RMA”) and manner of collection of special taxes was approved by the resolution of intention to provide for future annexation of territory to the Sacramento Maintenance Community Facilities District No. 2014-04 adopted by the City Council on May 26, 2015 (Resolution No. 2015-0088) and the Curtis Park Village Community Facilities District No. 2013-03 adopted by the City Council on October 19, 2013 (Resolution No. 2013-0347).
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1.17 Special Tax. The “Special Tax” is the tax authorized to be levied within a portion of the Property by the RMA and the Unanimous Consent Form.
1.18 Tentative Map. The “Tentative Map” as defined, in part, in City Code Chapter 17.500 and 17.504, is the map that subdivides the Property into legal parcels pursuant to the Subdivision Map Act (commencing at Section 66410 of the Government Code), as approved by the Planning and Design Commission Record of Decision for Project Number P12-026 on January 31, 2013, and the Record of Decision for Project Number P15-027 on January 28, 2016, and as the Tentative Map may be amended from time to time.
ARTICLE II
MAINTENANCE WORK
2.1 Public Improvements. Effective as of the date of acceptance of the Park Site (“Park Site Effective Date”) by the CITY, and the date of written approval of the completed “Park Improvements” (as defined below) by the CITY; the HOA shall maintain the Park Improvements as described in this section 2.1 in accordance with the maintenance standards set forth in section 2.4.
Effective as of the date of acceptance of the easements for the Paseos (“Paseos Effective Date”) by the CITY, the HOA shall maintain the Paseo Improvements as described in this section 2.1 in accordance with the maintenance standards set forth in section 2.4
The HOA may, but is not required to, maintain the Open Space Lot J located at the northwest corner of 5th Avenue.
2.1.1 “Park Improvements” are all improvements on the Park Site, consistent with the Park Master Plan which is attached as Exhibit C. The “Park Improvements” also include the drainage retention basin improvements as designed by Developer and approved by CITY which have been incorporated into the Park Master Plan, but may not be depicted in Exhibit C.
2.1.2 “Paseo Improvements” are all improvements within the 12 foot wide Paseos, which includes a 10 ft paved path, lighting, and landscaping on both sides of the path.
2.2 Utilities. HOA shall be responsible for the cost of all utilities, including those provided by CITY, SMUD, PG&E and the Sacramento Regional County Sanitation District (SRCSD), for the operation and maintenance of the Public Improvements.
These utility costs shall be part of the cost of maintaining the Public Improvements.
2.3 Access Roads. Within the Park Site are paved areas which are intended to be used by CITY staff to perform maintenance work. For purposes of this Agreement, (a) the “Exterior Access Road” is that twenty foot (20’) wide concrete access road at
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grade connecting Donner Way and Crocker Drive and running along the northern boundary area of the Detention Basin and eastern boundary of the Park Site; and (b) the “Pedestrian Walkway” means that twelve foot (12’) wide concrete pathway within the Park Site that also serves as a maintenance vehicle access road. The Exterior Access Road and the Pedestrian Walkway are depicted on the Park Master Plan attached as Exhibit C. CITY shall repair and replace the Exterior Access Road and the Pedestrian Walkway pavement. The HOA shall be allowed to use these access roads as may be needed to undertake the Park Site maintenance work. The HOA shall be responsible to remove sediment and debris from the Exterior Access Road and the Pedestrian Walkway which are within the Park Site.
2.4 Maintenance Standards. In performing maintenance work under this Agreement, the HOA shall maintain the Public Improvements in good repair and condition and in compliance with: (i) the manufacturer’s specifications for Park Improvements; (ii) the Park Maintenance Standards for the Park Improvements; (iii) the Landscape Maintenance Standards for the Paseo Improvements, and (iv) all applicable laws, regulations, and the City Code. The term “maintenance” includes repairs and replacements of all landscaping; utility facilities and equipment such as the lighting fixtures and irrigation system; all other park improvements such as playground equipment, picnic facilities and benches; removal of graffiti on facilities, equipment, and the retaining walls; and repaving the paved paths within the Paseos. HOA maintenance shall comply with all the following standards and requirements:
2.4.1 Park Maintenance. The Park Site and all of the Park Improvements shall be kept free of trash and debris and all improvements within the Park Site shall be maintained by the HOA at or above the standards specified in that certain document entitled “City of Sacramento Park Maintenance Services Genera l Specifications and Provisions (PLS06- 1) dated September 15, 2006” (the “Park Maintenance Standards”), which is incorporated herein by reference as though fully set forth. The maintenance requirements of landscaping are summarized in Exhibit F, and these requirements fulfill the HOA’s maintenance of the drainage retention basin improvements which are located within the Park Site.
2.4.2 Landscape Maintenance. The landscape improvements within the Paseos shall be kept free of trash and debris and maintained by the HOA at or above the standards specified in that certain document entitled “City of Sacramento Landscape Maintenance Services General Specifications and Provisions (LS 18) dated January 1, 2018” (the “Landscape Maintenance Standards”), which is incorporated herein by reference as though fully set forth. These standards are also summarized in Exhibit F.
2.4.3 HOA Acknowledgment. The HOA acknowledges that it has had an opportunity to fully review the Park Maintenance Standards and the Landscape Maintenance Standards prior to execution of this Agreement and consents to be subject to such standards. If CITY amends and/or restates such standards, the HOA shall comply with the revised standards if the changes do not unreasonably increase maintenance costs after receipt of a copy thereof.
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2.5 CITY’s Reserved Rights. Notwithstanding the CITY’s assignment of the maintenance responsibilities for the Public Improvements to the HOA under this Agreement, CITY retains the right to undertake maintenance of one or more, or any part of, the Public Improvements without providing prior notice to the HOA if, in CITY’s sole and absolute discretion, CITY determines that immediate repairs or replacements are needed to protect the public health or safety. CITY may also at any time and without prior notice to the HOA prevent public access and use of the Public Improvements until repairs can be made by CITY or by the HOA. CITY may, but is not required to, routinely inspect the Public Improvements to verify if the HOA is properly discharging its duties and obligations under this Agreement and the cost of such inspections are to be recovered through the levy and collection of the Special Tax. CITY will notify the HOA if any omissions or violations are discovered and may issue directives to correct the deficiencies without the need for an amendment to this Agreement.
2.6 Representatives. Each Party shall notify the other Parties of the name and contact information of their respective “Project Manager,” who shall have the authority to direct the work and grant the approvals as set out in this Agreement on behalf of that Party.
2.7 Maintenance Schedule. The HOA shall submit to CITY’s Project Manager for approval a maintenance performance schedule (“Maintenance Schedule”) for each Public Improvement within 90 days from the Effective Dates identified in section
2.1, and prior to any schedule changes. The Maintenance Schedule shall identify all the maintenance tasks and the frequency per week when each task will be undertaken by the HOA. The Maintenance Schedule shall identify all the HOA contractors that are under contract to undertake maintenance of each of the Public Improvements. If the Maintenance Schedule does not comply with the Park Maintenance Standards or the Landscape Maintenance Standards, or the Public Improvements are not being properly maintained, CITY may require the HOA to revise the Maintenance Schedule accordingly.
CITY will not unreasonably withhold, condition or delay approval of each Maintenance Schedule. HOA’s failure to comply with the approved Maintenance Schedule or timely submit a new or revised Maintenance Schedule when requested shall constitute a breach of this Agreement.
2.8 Site Access. The HOA covenants that the CITY Project Manager, CITY inspectors and any other CITY officers, employees, agents, contractors, and consultants will be permitted access to the Park Site and the Paseos to inspect the maintenance of the Public Improvements at all times. The HOA shall also permit site inspections by any other public entities or public utilities which have issued permits for any work related to maintenance of the Public Improvements.
2.9 Rights of Entry. The HOA and its contractors shall have rights of entry across the Park Site and Paseos to undertake the maintenance work as permitted under this Agreement if CITY has approved the Maintenance Schedule. However, CITY, in its sole and absolute discretion, may deny such access at any time if it determines that such access may unreasonably interfere or impede with CITY operations, traffic controls, construction of CITY projects, or threaten the public health, safety or welfare.
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CITY may also deny HOA’s contractors access to the Park Site and/or Paseos if CITY has issued to the HOA a stop work order as set forth in section 2.10.1, or the immediate denial of access is required to prevent damage to the Public Improvements.
2.10 Inspection of Work. Should (a) the CITY Project Manager or a CITY inspector find noncompliance by a HOA contractor with the maintenance requirements set out in this Agreement, applicable state and local laws and regulations, or the work threatens the public health, safety or welfare; or (b) the HOA’s Project Manager finds that the City has not met its drainage detention maintenance obligations; the CITY Project Manager and the HOA’s Project Manager will notify the other party of such noncompliance and they shall jointly determine the nature of the corrective action to be taken in accordance with the terms of this Agreement.
2.10.1 Stop Work Order. If the CITY Project Manager and the HOA’s Project Manager are unable to agree upon the corrective action to be taken for HOA’s contractor’s noncompliance, the CITY Project Manager may order that work on certain items or areas of the Public Improvements be stopped immediately. The HOA shall comply with all requirements set forth in the stop work order and must obtain the CITY Project Manager’s written approval before work by the HOA contractor can resume.
2.11 Changes to Scope of Maintenance Work; Termination of Agreement.
CITY reserves the right at any time to terminate and remove from the scope of this Agreement any and all of the Public Improvements (i) at CITY’s sole discretion, or (ii) if required by governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation, or similar bases by providing written notice thereof to the HOA and specifying the effective date that CITY will assume responsibility for maintenance thereof. If CITY removes the Public Improvements from the scope of this Agreement pursuant to this section, then this Agreement shall terminate as of the effective date set forth in the CITY’s written notice of termination.
2.12 Indemnification for Claims. The HOA agrees and covenants to, and shall fully indemnify, defend and hold harmless, CITY and its elective and appointive boards, commissions, officers, employees, agents, contractors, and subcontractors from and against any and all liabilities, penalties, losses, damages, costs, expenses (including reasonable attorneys' fees, whether for outside counsel or the City Attorney), causes of action, claims, or judgments (collectively "Claims") arising by reason of any death, bodily injury, personal injury, property damage, and losses related to independent contractors, products and equipment, explosion, collapse, underground hazards or violation of any law or regulation to the extent arising from any actions or omissions in connection with the maintenance of the Public Improvements by the HOA, which includes the HOA’s officers, employees, agents, contractors and subcontractors.
Notwithstanding the foregoing paragraph, the HOA shall not be liable hereunder to indemnify, defend or hold harmless CITY or its elective and appointive boards, commissions, officers, employees, agents, contractors, or subcontractors against any
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Claims alleging the sole and active negligence of CITY arising from CITY’s inspection and maintenance obligations of the Public Improvements; provided that nothing in this Agreement shall be construed as a waiver by CITY of any immunity or defense it may have under applicable laws relating to any such Claim, including without limitation, immunity or defenses relating to the design of the Public Improvements and construction and maintenance thereof.
2.13 Indemnification for Hazardous Substances. The Parties acknowledge and understand that CITY has not conducted any review, examination or assessment to assess, identify or detect the presence of any Hazardous Substances on, under or around the Park Site and the Paseos, and that the Property contained Hazardous Substance that the Developer was required to remediate in accordance with the work plans approved by the State Department of Toxic Substances Control. The HOA agrees and covenants to, and shall fully indemnify, defend and hold harmless CITY, and its elective and appointive boards, commissions, officers, employees, agents, contractors and subcontractors from and against any and all Claims (as defined in section 2.12) arising by reason of any death, bodily injury, personal injury, property damage or damage to the environment to the extent arising from any use, storage, treatment, transportation, release or disposal by the HOA and/or its contractors of any Hazardous Substances on, about, or around the portion of the Property on which the Public Improvements are located.
2.14 Insurance Requirements. During the entire term of this Agreement, HOA shall maintain the insurance coverage described in this section 2.14, and require its contractors to carry the same coverages and name CITY as an additional insured. It is understood and agreed by HOA that its liability to the CITY under sections 2.12 and
2.13 shall not in any way be limited to or affected by the amount of insurance coverage required or carried by HOA in connection with this Agreement.
2.14.1 Minimum Scope & Limits of Insurance Coverage: Liability.
Commercial General Liability Insurance, providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
2.14.2 Minimum Scope & Limits of Insurance Coverage: Automobile.
Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than
one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the HOA.
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2.14.3 Minimum Scope & Limits of Insurance Coverage: Workers’ Compensation. Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Worker’s Compensation policy shall include a waiver of subrogation for contracts involving maintenance work.
No Workers’ Compensation insurance shall be required by the HOA if the HOA completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” (HOA initials)
2.14.4 Additional Insured Coverage. The CITY, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of activities performed by or on behalf of HOA, products and completed operations of HOA, and premises owned, leased or maintained by HOA. The general liability additional insured endorsement must be signed by an authorized representative of the insurance carrier unless the policy includes a blanket additional insured endorsement or contractual additional insured coverage by submitting that document with a signed declaration page referencing the blanket endorsement or policy form.
Automobile Liability Insurance: The CITY, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
2.14.5 Verification of Coverage. HOA shall furnish CITY with certificates and required endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to
City of Sacramento
c/o EXIGIS LLC
P.O. Box 4668 ECM- #35050
New York, NY 10168-4668
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]. Copies of policies shall be delivered to the CITY on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
The CITY may cancel this Agreement if the certificates of insurance and endorsements required have not been provided prior to commencement of the maintenance work by the HOA. The CITY may terminate the Agreement pursuant to section 3.3 below if the insurance is canceled or HOA otherwise ceases to be insured as required herein.
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2.15 CITY’s Collection of the Special Tax. CITY will collect the Drainage Basin Special Tax and the Landscaping and Streetscape Special Tax in an amount needed for CITY’s costs for (i) maintenance of the Public Improvements which have not been assigned to the HOA as set forth in this Agreement, (ii) inspection of the HOA’s maintenance of the Public Improvements, and (iii) administration of the Special Taxes.
The CITY will not collect the Landscaping and Streetscape Special Tax for maintenance work unless CITY assumes some or all of the maintenance obligations for the Park Improvements and Landscape Improvements pursuant to sections 2.5 and 2.11 of this Agreement. In that event, the amount of Special Taxes collected from owners of the Property for maintenance shall be based on the amount necessary to pay the costs of CITY’s maintenance of the Public Improvements.
ARTICLE III
MISCELLANEOUS PROVISIONS
3.1 Dispute Resolution. With respect to any breach or dispute arising under this Agreement, the Parties shall meet and attempt, in good faith and in using their best and reasonable efforts, to resolve the same prior to initiating legal action. If such breach or dispute is not resolved by the Parties, then any Party may request that the dispute be submitted to an independent mutually-agreed upon arbitrator. If arbitration and the selection of an arbitrator is approved by the Parties, the arbitrator shall attempt to resolve the dispute based upon a reasonable interpretation of this Agreement, the documentation provided by the Parties, and such other information deemed by the arbitrator to be relevant to the dispute. The decision of the arbitrator shall be advisory, and not binding, on the Parties. Nothing in this Agreement shall prohibit the Parties from agreeing to allow the arbitrator to attempt to mediate the dispute prior to hearing the matter and issuing a decision.
3.2 Legal Actions by Parties. In addition to any other rights or remedies as set out in this Agreement, either Party may institute legal action to enforce or require performance of the terms of this Agreement, to cure, correct, or remedy any default (as defined in section 3.3) by any other Party to this Agreement, or to enjoin any threatened or attempted violation hereunder. The prevailing party in such suit or proceeding shall be entitled to recover from the other Party reasonable costs and expenses, including attorneys' fees, including outside counsel (and, in the case of CITY, the City Attorney).
This Agreement shall be construed and enforced in accordance with the laws of the State of California, the state in which the Agreement is signed. The Parties agree to submit any disputes arising under the Agreement to a court of competent jurisdiction located in Sacramento, California. Nothing in this Agreement shall be construed to prohibit the Parties from engaging in alternative dispute resolution processes prior to initiating legal proceedings, including, without limitation, mediation and arbitration, upon the discretion and mutual consent of the Parties.
3.3 Cancellation for Breach. In the event of a default by either CITY or HOA, the other Party may cancel this Agreement for breach by providing written notice to the
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other Party of the basis of the default and the effective date of cancellation. Subject to any mutual extensions, notice and opportunity to cure, the term “default” shall mean a material failure of performance or a substantial and unreasonable delay in performance by any Party of any of term, condition, obligation or covenant of this Agreement, including, without limitation, the abandonment or failure to properly maintain the Public Improvements. However, the HOA shall not be in default under this Agreement if the sole cause of its abandonment or failure to properly maintain the Public Improvements was due to the intentional acts of CITY which prevented or impeded the HOA from discharging its obligations under this Agreement.
Unless the following actions have been terminated or released within 60 days thereafter, the term “default” shall also mean: (i) the transfer or assignment of the HOA’s obligations under this Agreement without the CITY’s prior written consent, (ii) a voluntary filing by the HOA for reorganization or other relief under any Federal or State bankruptcy or insolvency law, (iii) an involuntary bankruptcy or insolvency action filed against the HOA by a trustee, or (iv) an appointment of a receiver to take possession of the assets of the HOA.
3.3.1 Limitation on Cancellation for Breach. In the event of a default by HOA related to its failure to properly maintain one or more of the Public Improvements, CITY may cancel this Agreement for breach as to that Public Improvement only pursuant to this section 3.3.
3.3.2 Cure Period. In the event of an alleged default of any term or condition of this Agreement, the Party alleging such default shall give the other Party notice in writing as provided in section 3.12 specifying the nature of the alleged default, the manner in which said default may be satisfactorily cured, and a reasonable period of time in which to cure the default, which shall not be less than 30 days following receipt of notice of default. If requested by any Party, the Parties shall meet and confer in an attempt to resolve the matter raised by the notice of default. During any such cure period, the Party charged shall not be considered in default for purposes of cancellation or termination of this Agreement and the Parties may not institute legal proceedings related to the alleged default.
3.3.3 Remedies After Expiration of Cure Period. After expiration of the cure period, if the alleged default has not been cured in the manner set forth in the notice and to the satisfaction of the Party issuing the default notice, the non- defaulting Party may at its option: (i) institute legal proceedings to obtain appropriate judicial relief including, without limitation, mandamus, specific performance, or injunctive relief; and/or (ii) give the other Party notice of intent to cancel this Agreement, which shall have the effect of terminating this Agreement.
3.4 Enforced Delay, Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or default are due to war, insurrection, strikes, walkouts, riots, floods, drought, rain, earthquakes, fires, casualties, acts of God,
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governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation, or similar bases for excused performance. If written notice of such delay is given to CITY by the HOA within 30 days of the commencement of such delay, an extension of time for such cause shall be granted for the period of the enforced delay, or longer as may be mutually agreed upon by the Parties. The HOA’s financial inability to perform shall not be a ground for claiming an enforced delay. The Party claiming force majeure or enforced delay shall notify the other Party of its intent to claim a permitted delay and the specific ground for such delay as soon as is reasonable based on the circumstances. Upon request of either Party, a written extension of time for such cause shall be granted for the period of the force majeure or enforced delay.
3.5 Representations. Each individual executing this Agreement on behalf of its corporation represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that the entity will thereby be obligated to perform the terms of this Agreement. Each of the covenants, conditions and statements contained in this Agreement was and is a material inducement to CITY to enter into this Agreement and CITY materially relied upon each such covenant, condition, and statement in making this Agreement. The HOA also represents that to the extent approval of this Agreement is required by any lender, its members, or by any third party, such consent has been obtained prior to HOA’s execution of this Agreement.
3.6 Term of Agreement. This Agreement shall become effective as of the Effective Date. This Agreement shall continue from year to year until it is terminated or cancelled by any Party as provided herein.
3.7 Successors. HOA shall not transfer or assign the HOA’s obligations under this Agreement without the CITY’s prior written consent. All the covenants, terms and conditions set forth in this Agreement shall be binding upon the Parties and to their respective heirs, successors and assigns. All the covenants, terms and conditions set forth in this Agreement shall inure to the benefit of the respective heirs, successors and assigns of the Parties subject to compliance with the provisions of this section and section 3.3.
3.8 Amendment. No waiver, alteration, or modification of this Agreement shall be valid unless made in writing and signed by each Party. In the event of a conflict between this Agreement and any other agreement or understanding executed by the Parties subsequent to the commencement of this Agreement, the terms of this Agreement shall prevail and be controlling unless such other agreement expressly provides to the contrary.
3.9 Survivorship. The HOA’s obligations and covenants arising under this Agreement pertaining to indemnity and attorneys’ fees, and in particular as those obligations are set out in sections 2.12, 2.13, and 3.2, shall survive the termination or cancellation of this Agreement.
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3.10 No Agency, Joint Venture, Partnership, or Other Relationship.
Neither the HOA nor any of HOA’s respective employees, agents, consultants, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of any of the HOA’s obligations under this Agreement.
Nothing contained in this Agreement or in any other document executed in connection with this Agreement shall be construed as creating a joint venture or partnership between CITY and the HOA. Each Party is acting as an independent entity and not as an agent of the others in any respect.
3.11 No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of Parties, and the Parties’ successors and assignees. No Person who is not a qualif ied successor of a Party or an assignee pursuant to section 3.7 of this Agreement, or who has not become a party by duly adopted amendment to this Agreement, may claim the benefit of any provision of this Agreement.
3.12 Notices. Any notice required or elected to be given hereunder shall be given by placing the notice in the United States mail, postage prepaid, and addressed in accordance with the provisions of this section. If sent by U.S. Mail, notices, invoices, and payments must be addressed as set forth below, with postage prepaid in full, and will be considered given when actually received. A Party may change its address for these purposes by giving notice of the change to the other Party in the manner provided by this section.
If to CITY: City Manager
New City Hall
City of Sacramento
915 I Street, 5th Floor
Sacramento, CA 95814
If to HOA: Crocker Village Homeowners Association
8880 Cal Center Drive, Ste 350
Sacramento CA 95826
3.13 Covenant of Good Faith and Cooperation. The Parties agree that each of them shall at all times act in good faith and to cooperate with one another in order to carry out the terms of this Agreement. Any information which is readily available and required by one Party from the other Party to carry out that Party’s obligations under this Agreement shall be provided to that Party within a reasonable period of time and at no cost.
3.14 Nonwaiver. A Party's failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other Party's breach of this Agreement will not constitute a waiver of the performance, right, or remedy. Waiver of any default or any right or remedy under this Agreement by any Party shall not constitute a continuing waiver or a waiver of any subsequent default or any right or remedy either of the same occurrence or event or of another provision of this
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Agreement. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
3.15 Construction. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve its objectives and purposes of the Parties. The Parties have had the opportunity to be represented by legal counsel of their own choice in the preparation of this Agreement and no presumption or rule that "an ambiguity shall be construed against a drafting party" shall apply to the interpretation or enforcement of any provision hereof. Captions on sections and subsections are provided for convenience only and shall not be deemed to limit, amend or affect the meaning of the provision to which they pertain, and shall be disregarded in the construction and interpretation of this Agreement.
3.16 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. However, if any provision of this Agreement is held invalid, void or unenforceable by a court of competent jurisdiction, but the remainder of the Agreement can be enforced without failure of material consideration to any Party, then this Agreement shall not be affected and it shall remain in full force and effect, unless amended or modified by mutual consent of the Parties as provided in section 3.8. If any provision of this Agreement is held invalid, void or unenforceable and the remainder of the Agreement cannot be enforced without failure of material consideration to any Party, any Party shall have the right, in its sole discretion, to terminate this Agreement for its convenience upon providing written notice of such termination to the other Parties and specifying the effective date thereof.
3.17 Other Agreements. This Agreement is not intended to, and shall not, cancel, supersede, modify or otherwise affect any other agreements which have been or may be made or any approvals or permits which have been issued between or by any Party regarding the subject matter hereof unless expressly set out herein.
3.18 Integrated Documents/Entire Agreement. This Agreement, the Exhibits and the documents incorporated by reference in this Agreement or in the Exhibits are to be considered as one document and default of any of the provisions contained herein or therein shall be considered a default of this Agreement. This Agreement, including the Exhibits and documents incorporated herein by reference, integrates all of the terms and conditions related or incidental to its subject matter and constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement. No oral or written statement, representation, or agreement - written, oral, express, or implied - concerning the subject matters contained herein shall be of any force or effect whatsoever, and shall be deemed to have been superseded by the terms hereof.
[signature page follows]
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IN WITNESS WHEREOF, the CITY and the HOA have executed this Agreement as of the Effective Date.
CITY:
CITY OF SACRAMENTO,
a Municipal Corporation
By:
Leyne Milstein, Assistant City
Manager For Howard Chan, City
Manager
APPROVED AS TO FORM:
By:
Senior Deputy City Attorney
ATTEST:
By:
Assistant City Clerk
HOA:
CROCKER VILLAGE HOMEOWNERS ASSOCIAT
ION,
a California corporation
By:
Name:
Title:
By:
Name:
Title:
Chief Executive Officer
HOA Counsel
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Exhibit A
PARK SITE LOCATION (LOT F) AND PASEOS (LOTS D AND G)
– VILLAGE 1 FINAL MAP
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Exhibit B-1
CITY MAINTENANCE OBLIGATIONS
With regard to the maintenance of the Drainage Retention Basin, the following summarizes the CITY’s obligations:
1. Detention Basin – Retention Walls. The CITY shall be responsible for all structural repairs and replacement of the retention walls for the detention basin within the Park Site.
2. Detention Basin – Access Road and Gates. The CITY shall be responsible for the repair and replacement of (a) the pavement within the twenty foot (20’) wide Exterior Access Road and the twelve foot (12’) wide concrete Pedestrian Walkway which also serves as an access road within the Park Site as described in section 2.3, (b) the twelve foot (12’) wide utility vehicle access gate fronting the Exterior Access Road at Crocker Drive, and (c) the 6’/12’ utility access gate for access to outfall.
3. Detention Basin – Curbs and Gutters. The CITY shall be responsible for the repair and replacement of (a) low flow drainage channel (the “valley gutter”), (b) curb and gutter inlets and outlets, and (c) and associated drainage appurtenances including the street stormwater system.
4. Detention Basin Sediment. The CITY shall be responsible for removal of the sediment in the basin floor after major storm events in accordance with the CITY’s schedule for sediment removal from CITY’s drainage retention basins.
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Exhibit B-2
HOA MAINTENANCE OBLIGATIONS
In addition to the Park Maintenance and Landscape Maintenance as described in Section 2.1 and 2.4 and summarized in Exhibit F, the HOA will be responsible for the following maintenance requirements:
1. Sound Wall. The HOA shall be responsible for all structural maintenance and repairs of the “Sound Wall” which is located on the boundary of the Project Site and the UPRR property, a portion of which is located within the Park Site, along with graffiti abatement for both sides of the Sound Wall, subject to UPRR providing access to the exterior of the wall facing UPRR’s tracks.
2. Detention Basin Retaining Walls. Th e HOA shall cause the removal of any graffiti on all portions of the retaining walls within the Detention Basin consistent with the standards set forth in Exhibit F. As part of the HOA’s obligations under this Agreement, the HOA shall regularly inspect the Detention Basin retaining walls in a manner that is consistent with its inspection obligations under the Park Maintenance Standards and Landscape Maintenance Standards.
3. Detention Basin Perimeter Fences. The HOA shall maintain, repair and replace the Detention Basin perimeter fences bordering all sides of the Detention Basin.
4. Detention Basin & Park Landscaping. The HOA shall be responsible for all maintenance, repair, upkeep and replacement of the landscaping and irrigation system of the Park Site and within the Detention Basin, with the exception of sediment removal from the basin floor after major storm events. The HOA’s landscape maintenance pursuant to this subsection shall include regular mowing unless the turf within the Drainage Basin is too wet or the sediment after a major storm event has not yet been removed by CITY, repairing sprinklers, and periodically inspecting the irrigation system to ensure proper water use and to correct any leaks or excessive watering. As part of the HOA’s obligations under this subsection, the HOA shall regularly inspect the Detention Basin landscaping and irrigation system in a manner that is consistent with its inspection obligations under the Park Maintenance Standards and Landscape Maintenance Standards.
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Exhibit C
PARK MASTER PLAN
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Exhibit D
DETENTION BASIN AND BRIDGE LIGHTING
SPECIAL TAX DISTRICT BOUNDARY MAP
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Exhibit E
LANDSCAPING AND STREETSCAPE
SPECIAL TAX DISTRICT ANNEXATION BOUNDARY MAP
27 Exhibit F
PARK AND LANDSCAPE MAINTENANCE STANDARDS SUMMARY
The HOA shall maintain the landscape in a clean, healthy, and well- groomed condition. All of the HOA’s work shall be performed in a professional manner, using equipment in good condition and quality materials.
LANDSCAPE PRACTICES FOR SUSTAINABILITY
Contractors providing landscape maintenance service for the City are encouraged to employ sustainable landscape management practices, whenever practicable, including but not limited to, integrated pest management, plant material-cycling, low water volume irrigation, composting and use of mulch and compost.
All irrigation shall be in compliance with the City Water Conservation Ordinance (City Code Chapter 13.04, Ordinance 2017-0062).
Whenever possible, debris as a result of plant material clean up, weed removal or pruning shall be taken to a recyclable green waste facility.
The Contractor shall take adequate measures to insure that their operations do not harm any existing underground facilities. The toll-free number for Underground Service Alert (U.S.A.) is (800) 227-2600.
TURF/MOWING OPERATION
Turf shall have the appearance of being well groomed and broadleaf free during the term of this contract.
Mowing operations shall be performed in a manner that ensures a smooth surface appearance throughout the year, without scalping or allowing excessive cuttings to remain. Precautions shall be taken to prevent rutting, damage to trees, shrubs, and sprinklers.
Turf shall be maintained at heights of no less than 2 inches and should not be greater than 4" inches year- round.
Hard fescue areas shall be maintained weed free as ornamental turf. Weeds shall not be allowed to exceed four (4) inches in height. Contractor shall use a pre- emergent weed control method. Hard fescue areas will also be mowed two (2) times per year and all clippings will be removed from site and disposed of. Contractor may use chemical controls for weeds, insects, and fungus. Non- irrigated native grass areas on the Open Space Lots (if any) will be mowed three (3) times per year or as specified by the City of Sacramento Department of Public Works.
AERATION
Aeration of all turf areas shall be done by using a device that removes cores to a depth not less than two (2) inches and not more than a six (6) inch spacing and shall be done three (3) days before fertilizer application.
All cores shall be removed from the turf and disposed of off- site or thoroughly pulverized within twenty-four (24) hours after aerating.
USE OF CHEMICALS
All work involving the use of chemicals shall be in compliance with all Federal, State and County laws.
All chemical applications shall be done with extreme care to avoid any hazard to any person or pet or
28 damage to property in the area. All spraying shall be done when air currents are still to limit drift to six (6) inches.
All dead weeds must be removed within seven (7) days of application.
LITTER CONTROL
Complete policing and litter pick-up for the removal of paper, glass, trash, limbs, undesirable materials, and other accumulated debris within the landscape areas will be done each time site is serviced. Litter control includes periods of inclement weather; however, litter removal within the drainage retention basin shall occur only after the basin has drained and the basin turf is dry.
All litter and debris occurring as a result of Contractor's operations shall be removed from the maintenance sites immediately following such operations and is to be disposed of off-site and taken to an appropriate landfill.
LEAF REMOVAL
Accumulation of leaves from landscaped areas, such as under plants, and next to fences/walls shall be removed each time site is serviced.
TREE PRUNING AND CARE
Tree pruning shall be performed with the intent of developing structurally sound trees with appearance typical of the species and proper safety clearance and access. All trees below fourteen (14) feet shall be inspected annually and pruned on a schedule.
GROUND COVER
Ground cover shall be kept free of weeds, litter, debris, and leaves. Ground cover shall not exceed three inches (3") beyond the inside edge of the curb or border.
Prune ground cover up to three (3) times a year to maintain at an even/level and consistent height. Cut long branches down to the main growing height of the plant.
WATERING
Water shall be regulated to avoid excessively wet or waterlogged areas causing: a decline in plant health, preventing turf mowing, excessive water run off onto streets and/or private property. Hand watering may be necessary on some sites and shall be performed as required.
Per the Water Conservation Ordinance, no watering is allowed on Mondays, Thursdays, or Fridays.
DEBRIS AND SEDIMENT REMOVAL
Silt and debris within the Exterior Access Road and the Pedestrian Walkway within the Park site shall be removed within 72 hours after the stormwater within the basin has drained and the basin turf is dry, unless a subsequent storm occurs or is predicted to occur within the following three days, in which case silt and sediment removal shall occur once the basin has fully drained and the basin turf is dry.
RETAINING WALLS, SOUND WALL AND PARK IMPROVEMENTS
Removal of graffiti from the retaining walls, equipment, signs, and any hardscape should occur at least within the first 72 hours from when it appears. Removal of graffiti from the exterior of the retaining wall facing the Union Pacific Railroad (UPRR) tracks is only required if UPRR grants the HOA access to its right of way.