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PAULEY'S ADDITION BLOCK 5 &
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A4APtE
sr of K6.n, Calilt
-_-I___J-_
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l]ilCHAPT
rAL DPARruNT
RESOLUTION NO.
A RESOTUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI,
CATIFORNIA, DECIARING PURSUANT TO GOVERNMENT CODE
sEcTloNs 5422tlbl and s4221(fX1XB) THAT CERTAIN REAI
PROPERTY OWNED BY THE CITY LOCATED ON C STREET AND
IDENTIFIED AS APN 040-070-08 and APN 0,40{170-03 lS NOT
NECESSARY FOR THE CITY'S USE AND IS EXEMPT SURPTUS IAND, FINDING THAT SUCH DECTARATION !S EXEMPT FROM
ENVIRONMENTAT REVIEW UNDER THE CATIFORNIA
ENVIRONMENTAL QUATIWACT, AND TAKING RETATED ACTIONS
WHEREAS, the City of Tehachapi ("City) is the owner in fee simple of that certain two parcels of real property located in the City on C Street near the corner of Mill Street and described in Exhibit "A", attached hereto and made a part of hereof (the "Parcels"); and WHEREAS, under the Surplus Land Act, Government Code Sections 54220-54234 (the "Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, underthe Act, land is necessaryforthe City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, the Parcels are vacant and not currently being used by the City, and City staff has evaluated the Parcels for their potential to be used for City work and operations and has determined that the Parcels are not suitable for the City's use; and WHEREAS, Government Code Section 54221(fX1)(B) provides that "exempt surplus land" means surplus land that is less than one-half acre in size and not contiguous to land owned by a state or local agency that is used for open-space or low and moderate income housing purposes; and
WHEREAS, each of the Parcels is less than one-half acre in area and are not contiguous to land owned by a state or local agency that is used for open-space or low and moderate income housing purposes; and
WHEREAS, the City Council desires to declare that the Parcels are not necessary for the City's use and are exempt surplus land pursuant to Government Code Section 5a221(fX1XB); and
WHEREAS, the Act provides that the City may dispose of property declared exempt surplus land without further regard to the requirements of the Act, except for the requirement to notify the California Department of Housing and Community Development ("HCD"); and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and finding set forth in this Resolution are based; 1 cmof
EAGAN
l-mDPARilN
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAP!, CAUFORNTA HEREBY RESOTVES AS FOLTOWS:
Section 1.
Resolution.
The above recitals are true and correct and are a substantive part of this Section 2. Pursuant to Government Code Sections 5422Llbl and 5422L(fl(1XB), the City Council hereby declares that the Parcels are not necessary for the City's use and are exempt surplus land.
Section 3. The City Council has reviewed this Resolution with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). The City Council hereby finds that the City Council's designation of the Parcels as exempt surplus land does not have the potential for creating a significant negative effect on the environment and therefore the adoption of this Resolution is exempt from further review under CEQA because it is not a project as defined Section 150050(cX3) of the State CEQA Guidelines.
Section 4. Staff of the City are hereby authorized and directed to provide a copy of this Resolution to HCD in the form and manner required by HCD at least 30 days prior to the disposition of the Parcels.
Section 5. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
Section 6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED on the 15rH day of April 2024 at a regular meeting of the City Council of the City of Tehachapi by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California
2 mo
MAqAPI
l-&LEffi
ATTEST:
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
I hereby certifo that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on the 15th day of April 2024.
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
3 CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL 15,2024 AGENDA SECTION: PUBLIC WORKS
DEPARTMENT H
APPROVED
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
WLER NAPIER, DEPUTY PUBLIC WORKS DIRECTOR
APRIL 8,2024
SUBJECT: STREET SWEEPER PURCHASE
FROM:
DATE:
BACKGRO UND:
On June 24,2O!9, The City of Tehachapi initiated a 5O-month lease agreement for a 2Ot7 Global R3 Air Street Sweeper, committing to a monthly rate of 53,527.98. As this lease approaches its expiration on June 24,2024, the City's Public Works Department, noting the machine's age and the extensive maintenance and repair work required, concluded it was prudent to seek a new solution. To ensure an informed decision, a Selection Committee comprising Don Marsh (public Works Director), Tyler Napier (Deputy Public Works Director), Marcos Curiel (Sweeper Operator), and Jason Sanderson (Fleet Coordinator) was formed.
To facilitate the procurement process effectively, the City opted to leverage SourceWell's nationwide bidding mechanism, bypassing the traditional bidding process. This approach aligns with the City of Tehachapi's purchasing policy and ensures competitiveness in vendor selection. On February 77,2024, a Request for Demonstration (RFD) was sent to all eight street sweeper vendors holding contracts with SourceWell, mandating a real-world demonstration of their machines with Marcos Curiel operating.
Following discussions with the vendors and thorough assessments of their capabilities, only Elgin (Haaker Equipment) and Mar-Co (Tymco Sweepers) met the City's operational requirements and agreed to participate in the demonstration.
Subsequent evaluations, including on-site demonstrations and consultations with other municipalities, led to the determination that the Tymco Model 435 offered the best fit for Tehachapi's sweeping operations.
Staff evaluated lease options for both sweepers and are recommending to go with a standard purchase for the Tymco machine.
FISCAL IMPACT:
The purchase of the TYMCO Model 435 will be funded from the General Fund with a total one-time cost of 5258,009.55 RECOMMENDATION:
STAFF RECOMMENDS THAT THE CITY COUNCIT APPROVE THE PURCHASE OF THE WMCO MODET 435 AS OUTLINED IN
THE ATTACHED QUOTE AND AUTHORIZE THE CIW MANAGER TO SIGN THE PURCHASE AGREEMENT WITH A TOTAL oNE TIME COST OF s258,009.55.
Sourcewell Quote Form v2.0 - Sourcewell Contract #111522-WM Feb. 2, 2023 - Feb. 3, 2O27
Customer / sourcewell Member: City ol Tehachepi, CA
sourcewell M€mber I: 226669
Customer ContaEt Name: Jaton Sande.s
QuoteDat.r 41812024
quot€ vallditv: 30 Days
Quoted 8y: l(aye Morgan
wMco Dealet: Mar-Co Equipment Co.
IYMCO Dealer Contact; Steve Enriquer
TYMco Dealer contBst E-Mail: senriquer@marcoeguip,com
Purchasing Detaits: Issue Purchase Orders to WMCO, lnc., AfiN' Kaye Morgan ([email protected] | 254-799-5546).
euote is Good lor !10 Days (Unless Otherwise Noted Abovef I Prlclng is Quoted ln US Dollars (USOI I Payment Terms: Net 30 Days MODEL 4350 SWEEPER STANDARD EQUIPMENT
AuxiliaryEnrine:XubotaV24OI-CR-TE4SFinal Tier-4turbochar8eddiesel liquidcooled; 4cyl.;148.5C|D;56HP@2100 RPM;Torque:140ft lbs.@2100RPM;includes fueuwater separator, Donaldson powercore! air filter with pre-cleaner. lncludes Kubota Standard warranty coveraBe 2 Years / 2000 Hours, contact factory for details' Abrasior protestion packare: Standard hopper screen; teparator liner; pick-up head suction nozzle liner and pressure wear pads; heavy duty pressure and su(tiol hoses' Auxiliary Enrine protection SEt€m: Engine ECU to provide automatic engine monitoring with derate or shutdown when enBine problem is detected such as high coolant temperature, low coolant level or low oil pressul€.
Auriliaru Fuse panel: A +12VDC fused power source panel for any needed additional el€ctrical components or accessones i.e. radlos, warning liShts, controls, etc' Back-Uo Alann: ECCO Model 510; SAE Type C 97dB
sweeper functions; as well as provides intelligent safety features. The BlueLogic control system provides sweeper and auxiliary en8ine data to lhe operator throu8h the Duo Skids: Warranted for 2 Years / 200O hour protated
capacity only available on conventional Truck PackaEe & lsuzu NQR 1S0" wheel base trucks Durt SeEa?ator Cleanout Plur Ertension Handle
Gutter Broom, Left: LED Floodlhht rnd Parabolic Mir,or: Left side mounted 35" diameter steel vertical dig8er type; l0'5" parabolic mirror' Hooper Drip-Edte Exteptionl Rubber belting extends horizontal reach 7"' HoDoer Door Ooenlnr: Dimension 77'114" x 70-, screen lifts with door' Hopoer lnsoection Door
Hogper Satetv Prop: lnteSral with frame and hopper.
Hvdraulic S$tem Filter Re3ttiction lndicator: External; mounted in filter manifold' Hvdraulis Tank Sisht/Temperature Gause: External; mounted on tank.
LED Altern.tinr waminr Lirht Set: Rear mounted oval lights (2).
LED Stoo/Turn/Tail/Clearance li:hts
pressure Bltrder: Air pressure deflected out, allowing additional suction across front of pick'up head. Cable operated.
R€ar Bumoer Pads
8e?r ltsu nteC-lEDjleldllsttlfl
Rear Storale Comoanmentt: Two rear storaBe co/npartmenl5 with a total 25.5 cubic foot capacity.
Rubbet Lined Elower: Warranty: 1 Year / l,fi)O Hours Prorat€d l3s storar€ compartment: A modular design multi-chamb?r (omparlment with a combined 55 cubic foot protected storage capa{ity, accessible from left or riShl hand side through large gull wing doo6; auxiliary engine and blower area is easily accessed through swing away side access panels.
Sweeper W.rrentv: 1 Year / l(x)O Hours. contact faclory for deteils.
E@E@
4350S3 ulic s
--s1,ug:oo STso.oo
s2,880.00
l8Js.00
589s.00
ished ulic Shutdown
435013
435093
435093
435070
Gutter Broom, LED
Gutter Broom Tilt
Gutter Broom Tilt Ieft
& Parabolic Mirrors S3,032
S9oo
s8s3 5810.00
Model 4353 Sweeper and CablChassis Equipment Sourcewell Price Sectlon / Type Qty Sourcewell Ext
s%
43s000 1 Model 435n with Standard
1 AUXITIARY ENGINE HYDRAUTIC OPTIONS:
1 1
2 GUTTER EROOM OPTIONS:
1 1
1 1
Gutte. Broom Variable Speed: Right and Lelt
Tehachapi, CA Mar-co 4'8'2024 435 NQR 132.5
r;-l a
I
Section/Type qty
1 Model 435t Sweeper and Cab/Chassis Equiprnent
3 DUST CONTROT SYSTEM OPTIONS:
Sourcewell Price
S1,316
Sourcewell Ext
s%
Unpublished 290 Water Pump (Exchange) s1,2s0.00
Unpublished
435087
Unpublished
435084
435051
435088
435079
1 Front
1 Ertra Water Capacity - COMDEXS (Exchange): 217 Gallons res NqR 132.5" WB lrug! etLy-_
Rule 1186 ComOliant
,
Rule 1186 comdiancell
s1,579.001
-
ssl.fiol---
s711.00
Sl,soo.ooi
Sebooo,
s575.00
Bar
L
- ltow Emissions Package - South Coast AQMD t jlrvroaitications to this option nullifies AQMD t_-- 1 1 Switch in Cab
Hopper load lndicators
Hopper "U Alarm
s422.00
s237.00
S474.oo
Szzs.oo
l15elql
s22s.00
5400.00
1 F 1
r
S237.oo
1 s1,137.0o
51,706.00
51,89s.0O
s1,08o.oo
l!5?qq9t
51,800.00',
43s063 I r t Pick-Up Head Curtain Lifter
U lished
Un
7 t lpi.t-u Head Pressure lnlet Water on
STAINLESS STEET OPTIONS:
Stainless Steel
Stainless Steel Hand .Hose
Stainless Steel Hopper Drain
1 I
1 S{,0q149l
ii,oss.ool
$89s.oo
S6,315.00 S6,ooo
s
lUn
9 1
1 CurbView'" llck:up ieaq camg_ra (Ad,9!!!!9na!l
Paint: TYMCO Standard White
10 UNPUBLISHED SPECIIAL SWEEPER OPTIONS:
11 CAB CHASSIS:
2024 lsuzu NQR, 17,950 lb' GVWR, 150" W8, Diesel
rlncl. Mechanical Seat & Power Mirrors
UPGRADE: 2024 ISUzU NqR 82.5" WB
f lncl. Mechanical Seat & Power Mirrors
SWEEPER ADDITIONAT OPTIONS:
CurbView'* Camera System: Risht Side Gutlgltg_o. ml4eq_ Un
U
435703
I Unpublished
t2
U Engine Block Heater
-r--- s1,o00.001
- sooo!
s
1 $74,970 S74,970.00
-iasoAgi 9!80qq0
l80q.og
s0.oo
1 CHASSIS ADDITIONAL OPTIONS:
mr
5ss0.00 S sso,oo .1. ----J-
__t s4so.ool
s1,800.00,
Unpublished
I Unpublished
1-
1 LED AhernatinC Wa11lilrg 119!! -tt: Frolt -B!/q!eI llsuzu Only) tED Amber Light Bar: Cab Mounted
1 r Mounted
1 UNPUBLISHED SPECIAL CHASSIS OPTIONS:
1 LED Alternating Warning Lights: 1 Left Fender/l Right Fender Unpublished
Unpublished
13 Unpublished
S80o.oo.
s4s0.00 s4s0.00
5 PICK.UP HEAD OPTIONS:
4 HOPPER OPTIONS:
6 AUXIIIARY HAND HOSE OPTIONS:
435097
U 1
Model 435' Sourcewell Price Sourcewell Ext Section
8 CONVENTIONAT TRUCK OPTION:
14 DEALER UNPUBTISHED OPTIONS:
3 rvice School (per student) [Mar-Co]
TOTAL COST OF cosrs
I Unpublished
I
15 s1,400.00i 54,200.00
POI lnservice lrcroooqo
1 icA
sales Tax (8.2s%) s19,663.ss1
-:
Purelrastnc]Delails: tssue Purchase Orders to TYMCO, tnc., ATTN: Kaye Morgan ([email protected] | 254-799-55461.
euote is Good lor 30 Days (Unless Otherwise Noted Abwel I Pricing is Quoted in US Dollars (USDI I Payment Terms: Net 3O Davs s2s8,OO9.5s _
slqg'q.qql
s19,663.55 |
I
Total Price:1
Tehachapi, CA Mar-co 4'8'2024 435 NQR f32.5
Unpublished
Shop Air Purge
+- IED Amber Traffic
Paint: White
1 Tehachapi, CA
Delivery 75O-24O Days See NOTE Below
tpricing Detoils: fyMCO, lnc. ofiers Sourcewell Members o 5% discount on all base sweeper models ond sweeper options lrom the Sourcewell Price cotolog (Bose + ltems in Sections I through 70). Chossis, chassis options, dealer unpublished options ond fotal Cost ol Acquisition costs (ltems in Sections 11 - 15) ore not discountable, The Sourcewel! Discount shown above is reflective of 5% ol all opplicoble items on this quote.
Notes 1. NOTE: Delivery Subiect to Truck Availability.
Secion /Type aty Model 4350 Sweeper and Cab/Chassis Equipment 5ourcewell Price Sourcewell Ext
s%
FOB:
l
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
APPROVED
DEPARTMENT
CITY
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM JOHN (JAy) SCHLOSSER, P.E., DEVELOPMENT SERVTCES DIRECTOR APRIL 8,2024
SUBJECT: MEMORANDUM OF UNDERSTANDING FOR COST REIMBURSEMENT FOR THE DENNISON
ROAD WIDENING PROJECT
DATE:
BACKGROUND
The City of Tehachapi received a Transportation Development Act (TDA)Article 3 Program grant on August 18, 2023 providing S2+t,888 from the Kern Council of Governments. This TDA funding was designed to help fund the widening of Dennison Road from the south end of the developed Tehachapi High School campus south to Pinon Street.
The City and the Tehachapi Unified School District entered into a Development Agreement on April L7, 2OOO relating to the construction of the THS campus. Due to cost overruns at that time, TUSD asked the City to defer public street improvements on Dennison Road and on Pinon Street. The City agreed to this provision. With the extension of Pinon Street, City Staff engaged TUSD to completing the missing improvements. This action seeks to facilitate the construction of the first part of the deferred improvements listed in the 2000 agreement. The remaining frontage improvements on Pinon Street remain the responsibility of TUSD at some future date.
This TDA funding provides a portion of the funds needed to complete the Dennison Road portion of the TUSD deferred improvement obligation. City Staff has been working with TUSD management to prepare a Memorandum of Understanding to govern the completion of this project.
DESCRIPT!ON
The City will design and construct the needed improvements using the available TDA funds supplemented by TUSD provided funds. The initial project estimate is 5500,000. The City Attorney reviewed the MOU.
Additionally, the TUSD Board of Directors approved the MOU on March L2,2024.
RECOMMENDATI
APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEHACHAPI AND TEHACHAPI
UNIFTED SCHOOL DISTRICT TO CONSTRUCT THE DENNISON ROAD WIDENING PROJECT ADJACENT TO THE
TEHACHAPI HIGH SCHOOL CAMPUS AND AUTHORIZE THE MAYOR TO SIGN tra: I
MEETING DATE: April 15, 2024 AGENDA SECTION: DEVELOPMENT SERVICES
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made this l2th day of March, 2024, by and between the CITY OF TEHACHAPI, a Municipal Corporation ("City''), and the TEHACHAPI UNIFIED SCHOOL DISTRICT, a subdivision of the State of California ("Owner").
RECITALS
A. City and Owner entered into that certain development agreement dated April 17, 2000 (the "Agreement") in which City agreed to annex the property on which the Owner wished to construct a high school and further agreed to defer construction of street improvements on Dennison Road (the "Dennison Road lmprovements") until funds were available to the City and Owner to construct the Dennison Road Improvements.
B. The City has now obtained a Transportation Development Act 3 grant for the Dennison Road Improvements (the "Grant") which will pay for some of the cost of the Dennison Road Improvements and Owner agrees to pay the additional cost of the Dennison Road Improvements beyond the amount of the Grant pursuant to the terms and conditions set forth hereinafter.
NOW, THEREFORE, in consideration of the recitals set forth above, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby amend the Agreement as follows:
l. The parties incorporate the foregoing recitals as if fully set forth herein verbatim. The capitalized terms used herein shall have the same meaning as in the Agreement unless otherwise specifically described herein.
2. City agrees to construct the Dennison Road Improvements as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof.
City agrees to pay that portion of the cost of the Dennison Road Improvements covered by the Grant with the remainder of the cost payable by Owner. Owner shall reimburse City for that portion of the cost of the Dennison Road Improvements in excess of the Grant funds. Costs of the Dennison Road Improvements to be reimbursed by Owner shall include without limitation all costs of construction and all reasonable expenses of City, currently estimated at $358,112 more or less. City shall bill Owner periodically as costs are incurred by written invoices to Owner (the "Invoices") which Owner shall pay within thirty (30) days of receipt of an Invoice; provided, however, that Owner shall have reasonable time to review each Invoice and determine in its reasonable discretion whether the Invoice is correct. If Owner disputes any portion of an lnvoice that cannot be promptly resolved by the good faith attempts of the parties hereto within 30 days, Owner shall pay the undisputed portion of the Invoice and the parties shall, then, proceed as follows:
(a) The parties agree first to try in good faith to settle the dispute by mediation before a mediator mutually agreed upon by the parties. The party desiring mediation shall provide 1 written notice to the other party along with a list of at least 2 potential mediators. The mediation shall commence within 30 days of delivery of such notice and shall not last longer than2 days. The mediation shall take place in the offices of the mediator or at the offices of one of the parties if the parties agree. The parties shall split the mediation fees, but shall otherwise bear their own fees and costs associated with the mediation. (b) Any dispute which has not been resolved by mediation shall be determined by arbitration ("Arbitration") in California before one arbitrator selected as hereinafter provided (the "Arbitrator"). No Party may commence Arbitration in relation to any dispute until it has attempted to settle the dispute by mediation and either the mediation has terminated, or the other Party has failed to participate in the mediation The Arbitration shall be conducted utilizing the American Arbitration Association's ("AAA"), Altemative Resolution Center's ("ARC") or JAMS' Comprehensive Arbitration Rules and Procedures then in effect. The written decision of the Arbitrator shall be final, conclusive and binding on the Parties. Each Party shall bear its own costs and expenses (including legal fees and expenses) relating to the Arbitration proceeding, except that the fees of the Arbitrator and other related costs of the Arbitration shall be shared equally by the Parties.
3. City agrees to complete the Dennison Road improvements within the terms required by the Grant. The City currently estimates completion by Decemb er 31,2025 but reserves the right to extend the completion date at its sole discretion subject only to the conditions of the Grant funding terms as administered by the Kern Council of Governments. City shall provide Owner with periodic updates of the expected total cost of the Dennison Road lmprovements for Owner's budgetary purposes.
4. This MOU may be executed in counterparts. A facsimile or electronic copy of this fully executed MOU shall be as effective as the original for all purposes.
6. This MOU shall be governed by and construed in accordance with the laws of the State of Califomia.
7 . In the event any action or proceeding is instituted arising out of or relating to this MOU, the prevailing party shall be entitled to its reasonable attomeys'fees and actual costs.
8. Waiver by a party of any provision of this MOU shall not be considered a 2 5. All notices given under this Agreement shall be in writing and shall be deemed received by the party to whom directed if personally served or mailed by certified mail, retum receipt requested with the date of execution of the return receipt (or refusal to sign) as the date of service or when sent by facsimile transmission or when sent by electronic mail ("email") addressed as follows: If to City, City Manager, 1 l5 South Robinson Street, Tehachapi, CA 93561, Fax-(661) 822-2197, email - [email protected]; or if to Owner, Chief Business Administrator, 300 South Robinson Street, Tehachapi, CA 93561, email hentezari@tehachapiusd. com.
Any party may change its address or email by giving notice to the other party in the manner herein described.
continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
9. City and Owner acknowledge that each party and their respective legal counsel have reviewed this MOU and agree that this MOU is the product of negotiations between the parties. This MOU shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the MOU.
10. This MOU and the Agreement constitute the entire agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
I l. This MOU shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.
12. Owner hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilmembers, employees, and representatives from any and all claims, demands, suits, judgements, liability, damages, costs, and expenses arising in any manner out of Owner's performance of its rights under this MOU, including but limited to any act or omission to act on the part of Owner or Owner's employees, subcontractors, agents, or representatives.
13. If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this MOU to be effective on the date first herein above written.
MICHAEL DAVIES, Mayor, City of Tehachapi,
California
TEHACHAPI UNIFIED SCHOOL DISTRICT
("Owner'
PAUL President, Board of Trustees
3 EXHIBIT "A''
[Development Agreement]
ROADS
Dodicued street right-of-sr]' on both Dennison Roact and Vatlc,v Blvd. ro 5s-feet from ccntcrli$e for the full HigI S€hool tiontage on Dennison and Valley. !9nstrult street improlenrents on Vallcy Blvd. and D,cnnison Road including curt and guncr, sidcwsll, street Paving and streetlights to coincidc with the area being dcvcloped by thc Oiwner.
The C)wncr will otmplcte additional fnmtage imp,rovernents on VaUcy Bouk;ard and Dennison Road at the time of del'el,opment q as thc City dirccrs the Owncr to insrall said improvements based on arca devclopnrent and./or trat'lic dernands, which e*er comcs tirst.
Curb and gutter strall be scr ar 34-feet from centerline exccpt at the entranccs and rhc intersoction of Vallcy and Dcnnisrvn whcrc addiriontl n'idcning lbr ruining movements shall bc construclcd.
Curb, gutrcr, sidewalk construction on Dennisoo Road along the undcvcloped portion of the subjcct sitc and sanr aloog Velley Bortevard shalt be defened until dcvclopmcrit occurs or until the City dirceh the C)wrcr to install said improvements based on arca d*elopmcnt and/or oaffic demands, uilrich evcr comes firsl.
Th-e strect widening constnrclion in thc arca outsidc the present ptanned development can tr deGrred until th€ High School dcvelops thc additionat property oi rh. City norilies the Owner that the widening is required duc ro traflic.
4 II
-
Kern Council
of Governments
August 18,2023
Mr. Jay Schlosser
Ci$ of Tehachapi Development Services
1 15 Robinson Street
Tehachapi, CA 93561
Dear Mr. Schlosser:
We are pleased to inform you that the City of Tehachapi has been awarded projects through the Transportation Development Act Article 3 Program, administered by the Kern Council of Governments. The awards were made at the Council's meeting of August 17,2023. The funding for the allocated projects is as follows:
1. Minute Order # 23-11'. $212,000 to fund Dennison Rd. Class ll Bike Lane
2. Minute Order # 23-12. $29,888 to fund a Dennison Rd. sidewalk/ADA lmprovements
To claim the allocations, the Kern Council of Governments must be notified, in writing, requesting the funding. The request must include substantiation of expenditure, such as construction contract, or a sales receipt. Funding may not be claimed more than thirty (30) days prior to project initiation. Please reference the corresponding Minute Order number for the project when submitting the request for payment.
Congratulations on being awarded funding in this very competitive program. Please contact me at your earliest convenience if I may be of any assistance in this or any other manner.
Sincerely,
n/rn-o OT,*e
lrene Enriquez
Regional Planner
CC: Jay Schlosser
Hamed Jones
Kern Council of Governments
1401 'l9h Streets, Suite 300 Bakersfield CA 93301 661-635-2900 Facsimile 661-324-8215 TTY 661-832-7433 www.kerncog.org I
Tehe.thaptr-,Unlfted School
'\rrct
Rsaolutlou fZZpnOO f>
THIS AGREEMENT made this lTth day of eor-tl , 2000, by aad between the CITy OF TEHACHAPI (*city") and the TEHACHAPI UNIFIED scHool DISTRICT (..owner').
WIINESSETH:
WHEREAS, Owner has applied to the City for approval of Owner's project on the property described in Exhibit "A" (the "Property") which includes construction of a new high school ("the Project"); and
WHEREAS, City's approval of the Project will first require an Annexation and associated Pre-Zoning, all of which has been requested by owner; and WHEREAS, City is willing to approve the Annexation and Pre-Zone request under the following terms and conditions:
NOW, THEREFORE, the parties agrees as follows:
l. The parties incorporate the foregoing recitals as if fully set forth herein verbatim. 2' City will make application with LAFCO to annex the Property and City will prezone the Property, all in accordance with Exhibit "8" attached hereto, subject to the following conditions (collectively hereinafter'the Conditions') and Owner's timely compliance therewith:
(a) AII of the conditions described in Exhibit "C" attached hereto and by this reference made a part hereof; and
(b) That Owner shall not construct anything on the Property other than the project as more particularly descrifed in Exhibit "B" hereto, which is made a part hereof by this reference; and
(c) That Owner shall not transfer, leas€, or otherwise convey any interest in the Property prior to completion of the project.
3- Owner shall pay all applicable City fees, taxes, and assessments in effect on lhe date of final approval of the ProjectbyCity, any increase in such fees, taxes, and assqssments, and any new fees, taxes and assessments, which are in effect at the time building permits, are issued unless otherwise waived and/or deferred by the City. All costs and fees relating to Annexation of the property, including but not limited to, all fees and costs imposed by LAFCO, and s€wer and water connection fees shall be defened by the City until such time as the City is reimbursed by the Owner for said fees through the Main Line Extension Contract mechanism. ,--r
4. No building permit or other permit shall be issued that is not in cornpliance with this Agreernent or Land Uses permitted by the Public Facilities General Plan designation.
Owner agrees that Owner shall have no right to construct any other project on the Property except the Project without prior approval of the City, even though otherwise authorized under the pre-zone designation R-l-20 to which the Property is being pre-zoned. The covenants and conditions of this Agreement constitute covenants running with the land.
5. This Agreement may only be amended by the written consent of both parties after approval by the goveming bodies of both pafties.
6. Owner may not assign this Agreement or its rights hereunder. Any attempted assignment by Owner shall terminate this Agreement at the sole discretion of City.
7. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect.
9. Time is hereby expressly declared to be of the essence of this Agreement and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Agreement.
IN WITNESS WHEREOF, the paflies have executed this Agreement to be effective on the date first hereinabove written.
H.E of the City of
Tehachapi, C alifomia ("City")
TEHACHAPI I.JNIFIED SCHOOL DTSTRJCT
Board of the Board
of Trustees.
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KENT ASHWORTH, District Superintendent
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EXHIBIT "8"
T32SR.33 E.
vA LLEY BOU LEVARD (EXTENSION)
HIGHLINE ROAD
ANNEXATION NO. 76
PRE-ZONE DESIGNATION: R- I -20
GENERAL PLAN DESIGNATION: PUBLIC FACILITIES
PROPOSED LAND USE: HICH SCHOOL
SUBJECT SITE
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WATER
Construct a l6-inch water main in Highline Road between the termination of the existing City 7 water main at Sioux and Dennison Road and a l4-inch water main in Dennison Road between Highline Road and Valley Boulevard.
SEWER
Construct a l2-inch sewer main in Dennison Road from the termination of the existing City sewer main at Tehachapi Boulevard to the south property line of the High School Site. / (Approximately tA mile south of Valley Blvd.) Construction of the portion south of the developed site could be delayed until such time as the City directs the Owner to install said improvements based on area development demands.
STORM DRAINAGE
Construct a culvert from the High School Site to the concrete lined channel on the west side of ,
Dennison Road South of Tehachapi Blvd. Pipeline would be sized to carry all storm water generated on the west side of Dennison Road north of Highline.
ROADS
Dedicated street right-of-way on both Dennison Road and Valley Blvd. to 55-feet from centerline for the full High School frontage on Dennison and Valley.
Construct street improvements on Valley BIvd. and Dennison Road including curb and gufter, sidewalk, street paving and streetlights to coincide with the area being developed by the Owner.
The Owner will complete additional frontage improvements on Valley Boulevard and Dennison Road at the time of development or as the City directs the Owner to install said improvements based on area development and/or traffic demands, which ever comes first.
Curb and gutter shall be set at 34-feet from centerline except at the entrances and the intersection of Valley and Dennison where additional widening forturning movements shall be constructed.
Curb, gutter, sidewalk construction on Dennison Road along the undeveloped portion of the subject site and same along Valley Boulevard shall be defened until development occurs or until the City directs the owner to install said improvements based on area development and/or traffic demands, which ever comes first.
The street widening construction in the area outside the present planned development can be deferred until the High School develops the additional property oi the City notifies the Owner that the widening is required due to traffic.
TRAFFIC SIGNALS
Owner shall contribute an arnount of money for signal mitigation fee. The immediate confiibution will be for signals at Tucker/Tehachapi Boulevard; Valley Blvd. and Banducci and at Valley and Curry as indicated in the letter from David James to Steve Minton dated October 4, 1999. Signal constnrction, which is not presently warranted but will require costs attributable to the Owner. The fee for future signals will be imposed by the City when signals are wananred individually or collectively. The percentage of costs shown shall be related to the cosrs for construction at the time the facilities are installed. Alternatively should the Owner elect to pay full mitigation for traffic signals at the time of execution the Owner shall be required to pay $44,000.00 in mitigation fees as outlined by the tra{'fic study The City will enter into a main extension contract with the Owner for the repayment lbr construction of the sewer main and the water main upon request by the Owner.
MAIN EXTENSION CON'I'RACTS
O#tuM, GryoFrEHo."orl
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HONORABLE MAYOR ROMBOUTS oArE. APRIL 12,200A
\AND COUNG|L mEmBERS
Ftor' $^vD A. JAiiEs, IxREcroR oF praNNrNG & EcoNomrc DB/ELoprrrENT lurtEcrr DEvELopMEilr AGREEiTENT BETWEEN THE crry oF TEHAcHApt AND THE
TEHACHAPI UNIFIED SCHOOL DISTRICT
PROPOSAL:
As the City Council is aware the Tehachapi Unified School District (TUSD) and the Tehachapi Valley Recreation and Parks Dbtrict is in the prooess of annexing'l17.B}acres into the Ctty of Tehachapi as a joint application. The School Distric{ area consists of gT.Oz acres in which to construct the new high school and the Parks District property consists of 20 contiguous acres in which to establish a joint use ooncept with the adjoining high school. As of this writing, the high school is in the design phase and currenfly with the Department of Education for design approval. At this juncture there is no design for the park site. The annexation public hearing is scheduled before the Planning Commission on April 25, 2000. ln coniunction wilh the annexation, the City of Tehachapi has requested that the TUSD enter into a Development Agreement with the City. The purpose of the development agreement is to allow the schooldistrict to defer various improvements and fees in order to reduce the up front cost of constructing the high school. Typically improvements and/or fees can be defened to a latter phase of the proiect providing each phase of the project that is moving fonrard can stand on its own relative to infrastilcture and other planning and engineering considerations. However, in the case of the high school there may not be a hter phase per-se and as such the City of Tehachapi will need some type of leverage, if you will, to address the deferment issue. ln Staffs opinion the development agreement is the best mechanism to achieve this end. As indicated the annexation is not scheduled before the Planning Commission until April 25, 2OOO.
However, the School District has requested that the Development Agreement be allowed to move ahead of the annexation process in order to expedite the Department of Education approval process and move the infrastructure bid package process ahead. Staff is of the opinion that the City can accommodate their request and not undermine the annexation process in that the annexation should be relatively perfunctory and I-AFCO not withstanding the city council has the ultimate approval authority.
OPTIONS:
Staff is of the opinion that there are three (3) options avaitable as foltows:
1. Approve and execute the Development Agreement between the City of Tehachapi and the Tehachapi Unified School District.
2. DevelopmentAgreement between ttte Ctty of Tehaclrapiand the TehachaSi Unified School District April 12.2000
Page2
Defer approval and execution of the Development Agreement until the annexation has received Planning Commission approval and is presented to the Cig Councll in the "normal" sequenoe of events.
3 Require the School District to install all improvements and pay all fees up front as a condition of annexation and in doing so eJiminate the need to have a Development Agreement.
Flsca_l= tMPACT:
Given that the fees are being deferred and not waived over time there wil! be no fiscal impact to the City.
RECOMMENDATION:
Staff recommends that the City Council pass a motion authorizing Mayor Rombouts to execute the Development Agreement between the City of Tehachapi and the Tehachapi Unified School District.
I :Vfi€moldi\activ\highBchoolegreement 1
E}fiIIBIT ..A'
A Portion of the Northeest quarter of Sedaon 28, Township 32 South. Range 33 East. Mount Diablo Meridian. lying partly within the City of Tehachapi, and partly within the unincorporated area of the Counly of Kern, State of California and being more particularly described as follows:
The East half of said Northeast quarter g1C the East half of the Northwest quarter of said Northeast quarter.
Said Portion conlains 100 acres more or less
LAI{D
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3 CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL L5,2024 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CIW MANAGER
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JOHN (JAYI SCHLOSSER, P.E., DEVELOPMENT SERVTCES DTRECTOR DATE: MARCH 26,2024
SUBJECT: NORTHSIDE NEIGHBORHOOD SIDEWALK PHASE 3 - I STREET PROJECT AWARD BACKGROUND:
The City of Tehachapi was allocated funds from the Community Development Block Grant (CDBG) for a project in a residential portion of downtown Tehachapi located north of the railroad tracks. Totalfundingfrom CDBG is approximately S166,500. The area to receive sidewalk additions includes curb, gutter and handicap ramps, on I Street between Green Street and Davis Street.
On February L2,2024 advertising began for the project. Staff opened the single bid for this project on March 26,2024. The results of the bid opening are listed in the table below:
Contractor Name Bid Amount
S&H Civilworks s104,500
RESPONSlVEN ESS REVI EW:
ln compliance with the Public Contract Code, City Staff undertook a review of the bids received to confirm that the apparent low bidder provided a responsive bid. The bid provided by S&H Civilworks has been deemed to be responsive. Furthermore, this bid was reviewed by CDBG staff and deemed sufficient to award.
FISCAL !MPACT:
The bid provided by S&H Civilworks is within the engineer's estimate of 5106,000. Community Development Block Grant funds allocated for this project total 5166,500 combined with 530,000 of city funds for a total project budget of S196,500. Staff believes this budget is sufficient to complete the project in its entirety. The project is included in the adopted budget for this fiscal year.
RECOMMENDATION:
AWARD THE NORTHSIDE NEIGHBORHOOD SIDEWALK - I STREET PHASE 3 PROJECT TO S&H CIVILWORKS !N THE AMOUNT OF $104,500. AUTHORTZE THE CITY MANAGERTO APPROVE ANY NECESSARY CHANGE oRDERS UP TO A MAXTMUM OF LO%OF THE ORtGtNAt CONTRACT (OR $10,4501.
R231 OE NORTHSIDE NEIGHBORHOOD
SIDEWALK I STREET PHASE III L
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CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: April 15, 2024 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CITY MANAG
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JOHN (JAyl SCHLOSSER, P.E., DEVELOPMENT SERVTCES DIRECTOR APRTL 3,2024
SUBJECT: CERTIFICATE OF ACCEPTANCE FOR IRREVOCABLE OFFERS OF DEDICATION FOR INGRESS,
EGRESS, AND ROAD PURPOSES ON TUCKER ROAD AND HIGHLINE ROAD DATE:
BACKGROUND
The City has sought additional right-of-way in the area of Tucker Road at Highline Road for future improvements to ease traffic congestion and improve safety. This right-of-way has been obtained at no cost to the City. ln order to complete the transfer, the City Council must accept the dedicated right-of-way and record the appropriate docu ments.
RECOMMENDATION
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI APPROVING CERTIFICATES OF
ACCEPTANCE FOR IRREVOCABLE OFFERS OF DEDICATION FOR INGRESS, EGRESS AND ROAD PURPOSES ON TUCKER ROAD AND HIGHTINE ROAD.
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
RESOLUTION NO.
A RESOTUTION OF THE CIW COUNCIL OF THE CIW OF
TEHACHAPI APPROVING CERTIFICATES OF ACCEPTANCE FOR
IRREVOCABTE OFFERS OF DEDICATION FOR INGRESS, EGRESS,
AND ROAD PURPOSES ON TUCKER ROAD AND HIGHTINE ROAD
WHEREAS, the City of Tehachapi looks to ease traffic congestion and improve safety by improving the intersection of Tucker Road and Highline Road.
WHEREAS, the City of Tehachapi wishes to secure easements for public rights of way more particularly described in Exhibits "A" and "B" attached hereto and by this reference made a part hereof (the irrevocable offers of dedication), and WHEREAS, the property owners have agreed to donate the easements in question pursuant to the aBreements in Exhibits "A" and"B":
WHEREAS, the City Engineer recommends acceptance of the donations and dedication by lrrevocable Offer of Dedication from the property owners listed above, and WHEREAS, the City Engineer recommends the approval of the Easement Agreements contained in Exhibits "A" and"B".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Tehachapi as follows:
7. That the foregoing recitals are true and correct and are incorporated herein by this reference.
2. That the City Council hereby approves these lrrevocable Offers of Dedication Property Owner APN Compensation
NIRSINVESTMENTCOINC 223-452-O4-OO-2 50.00 (Donation)
THE ADDRESS AT TEHACHAPI, LLC 417-011-31-00-8 $0.00 (Donation) CITYOF
TEHACHAPI
LEGAL DEPARTMENT
3. That the City Council directs the Mayor to sign the Acceptance of these lrrevocable Offers of Dedication.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a regular meeting this 15th day of April,2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
MICHAEL DAVIES, MAYOR
City of Tehachapi, California
ATTEST:
TORI MARSH, CITY CLERK
City of Tehachapi, California
I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on April 15th, 2024.
TORI MARSH, CITY CLERK
City of Tehachapi, California
EXHIBITA
NIRSINVESTMENTCOINC
EASEMBNT AGREEMENT
THIS EASEMENT AGREEMENT made this I day of F-b rr* ny
2024, by and between N I R S INVESTMENT CO INC ("Grantor") and the CIfY OF TEHACHAPI ( " Grantee"),
WITNESSETH:
WHEREAS. Grantor is the owner of the real properly described as Assessor's Parcel No. 223-452-04-00-2 in the City of Tehachapi (the "Property"); and WHEREAS, Grantee wishes to obtain an easement from Grantor as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Easement") pursuant to the terms and conditions of this Agreement and Grantor is agreeable thereto.
NOW, TI{EREFORE, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim
2. Grantor hereby grants to Grantee an irrevocable offer of dedication for the Easement in substantially the form described in Exhibit "B" attiached hereto and by this reference made aptrthereof (the "IOD"). No compensation shall be payable to Grantor for the Easement. Notwithstanding the foregoing, Grantee shall deposit $100.00 into Escrow hereinafter described which shall be immediately released to Grantor as consideration for Grantee's option to terminate this Agreement.
3. Conveyance of the Easement shall be through an escrow (the "Escrow") with First American Title Company (the "Escrow Holder") located at 675 Tucker Road, Suite E, Tehachapi, California 93561. All escrow fees and closing costs, except as specifically described herein, shall be payable by Grantee. Grantor agrees to remove all deeds of trust, judgment liens, and delinquent real property taxes on the Easement concurrent with the close of escrow (the "Close of Escrow").
4. Escrow Holder shall cause a preliminary report on the Property to be issued to the parties with copies of the underlying documents (the "Preliminary Report"). Grantee 1 shall pay for the cost of the Preliminary Report. Escrow shall close on or before 2024. Grantee may terminate this Agreement at any time prior to the Close of Escrow by wrifien notice to Grantor. The cost of cancelation of the Escrow in the event of termination of this Agreement, if any, shall be payable by Grantee. Grantee shall deposit the IOD into Escrow prior to the close and Escrow Holder shall see to the execution of same. Grantor agrees to execute the IOD prior to the Close of Escrow. Upon the Close of Escrow, Escrow Holder shall record the IOD and issue a CLTA owner's policy of title insurance in favor of Grantee in the amount of $5,000.00.
5. Grantor represents and warrants the following to the best of Grantor's knowledge: (a) that Grantor is the sole and only owner of the Property; (b) that there are no options to purchase, nghts of first refi-tsal, leases, or other contracts in effect relating to the Pioperty; (c) that the Property is incompliance with all federal, state, and local statutes, ordinances, rules and regulations; (d) ttrat the Property is not in violation of any environmental stafutes, ordinances, rules or regulations nor deemed contaminated by a hazardous substances under any federal, state, or local stafute, ordinance, rule or regulation; and (e) that there are no actions, suits, or legal proceedings pending against the Property.
6. Any notice required or permitted under this Agreement or at law shall be deemed to be delivered when personally served on the party to be noticed or (a) on the next business day following deposit of the notice with an overnight delivery service, provided the overnight carrier's records confirm delivery, (b) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return Receipt Requested, with the date of signing the Retum Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, (d) when sent bY confirmed facsimile transmission, or (e) when sent by electronic mail ("Email") to the following addresses: Grantor _NIRSINVESTMENTCO
Fax-(J - ,EmailINC, 3to - 73o -a'to3
Grantee - Jay Schlosser, 115 South Robinson Street, Tehachapi, California 93561, Fax - (66 I ) 822-2197, Email -
j schlosser@tehachap icitv hall. c om
7. Ttris Agreement shaii be governed by and consirued in acconiance with the laws ofthe State of Califomia.
8. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect theretog. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
10. This Agreement may be executed in counterparts. A fully executed facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes. 2 11. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.
12. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the paffy so drafting the Agreement.
13. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable afforney's fees and acfual costs.
14. Waiver by a parry of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
15. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby.
16. Grantor and Grantee each acknowledge that each party and their respective legal counsel have reviewed or had the opportunity to review this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the parties so drafting the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date first hereinabove written.
NIR TMENT CO INC, Grantor
MI, Mayor,
City of T
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CA, Grantee
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EXHIBIT "A"
223-452-04
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 32 SOUTH, RANGE 33 EAST, M.D.M., IN TFIE CITY OF TEHACHAPI, COUNTY OF KERN, STATE OF CALIFORNIA, BEING A PARCEL OF LAND DESCRIBED AS FOLLOWS; THE E,AST 55 FEET OF THE SOUTH 1440 FEET OF SAID SOUTHEAST QUARTER EXCEPT THAT POR]]ON T'HEREOF LYING WITHIN THE SOUTH 30 FEET OF THE SOUTHEAST QUARTER OF SECTION 30, DEEDED TO THE COUNTY OF KERN;
TOGETHER WITH
A 20 FOOT BY 20 FOOT TRIANGIIT,AR PARCF,I, ROIiNDED ON THE EAST BY THE WEST LINE OF THE EAST 55 FEET, AND ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 30 FEET OF SAID SOUTHEAST QUARTER, AND ON THE NORTHWEST BY A LINE THAT BEGINS 20 FEET WEST OF THE SOUTHWEST CORNER OF THE ABOVE MENTIONED PARCEL AND EXTENDS TO A POINT 20 FEET NORTH OF THE LAST SAID SOUI'HWEST CORNER.
AREA: 77,750 SF MORE OR LESS
1.78 ACRES MORE OR LESS
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EXI{IBIT "A" Page 1 of 1
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EXHIBIT ''8"
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RECffiD OR CALGJLAIED BEARINGS & OISTAT{CES PER
PER PARCEL MAP 1993 BOOI( 10, PAGf, 165, ffi
EASEMENTS
TAKE AREA BOTJNDARY
ORIGINAL PARCIL
ACCESS PROTIIBIIED
BASIS OF BEARING
ALL BEARINGS AND DISTANCES SHOWN ON THIS ARE
RECORD OR CALCULATED FROM PARCE!- MAP 1993 lN
BOOK 10 OF PARCEL MAPS, PAGE 165 OR
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PARCEL A, PM 2539 N8951.33
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EXHIBIT B
RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
City of Tehachapi
115 South Robinson Street
Tehachapi, CA 93561
IRREVOCABLE OFFER OF DEDICATION OF EASEMENT
EnD A \/aI TTAEIT tr /-nNclntrR ATIONI receint of r-vhich is herehv acknnwledsed- N I lvl\rrvrpi;r-riii/ii'vv-iirJiULa-€Lii-v-iiriLlviii'vitiiuLii R S INVESTMENT CO INC (the "Grantor") hereby grants to the CITY OF TEHACHAPI (the "Grantee"), an irrevocable offer of dedication for an exclusive easement over the real property described in Exhibits "A" and "B" attached hereto and by this reference made a part hereof for the purpose ofingress, egress, public road purposes, and utilities, and such other appurtenances and public improvements as determined by Grantee. The easement shall be kept open, clear, and free from buildings and structures of any kind except as otherwise approved in writing by Grantee.
This offer of dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the City Council of the Grantee. This offer of dedication shall convey to the Grantee upon its acceptance a superior right of easement over the real property and shall be irrevocable and shall be binding on the Grantor, its heirs, administrators, executors, successors, and assigns.
This offer of dedication may be terminated by the Grantee and the right to accept such of[er abandoned in the same manner as is prescribed for the vacation of streets or highways by Part 3 of Division 9 of the Streets and Highways Code of the State of California. )
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NI S INVESTMENT CO INC, "Grantor"
5 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)an )ss.
County of6af^Lrl'nA
On
personally
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appeared
Zo before me, e <v( Notary Public,
e who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity(ies) on behalf of which the person(s) acted, executed the instrument.
I certift under PENALTY OF PERruRY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
ISeal]
6 ACCEPTAI\CE
The undersigned, on behalf of the City Council of the City of Tehachapi hereby accepts the Irrevocable Offer of Dedication to which this Acceptance is attached.
MICHAEL DAVIES, Mayor, City of
Tehachapi, California
7 EXHIBIT B
THE ADDRESS AT TEHACHAPI, LLC
EASEMENT AGREEMEN'I'
THIS EASEMENT AGREEMENT made this e/t day of yt o_..[. __, 2024, by and berween THE ADDRESS AT TEHACEIPI, t_Lc 1,crantor,,) and the CITY OF TEHACHAPI (,'Grantee,'), WITNES$ETH:
WHEREAS, Grantor is the owner of the real property described as Assessor,s Parcel No. 417-01 1-3 I in the City of rehachapi (the ',property"); and WHEREAS, Grantee wishes to obtain an easement from Grantor as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Easement") pursuant to the terms and conditions of this Agreement and Grantor is agreeable thereto.
NOW, THEREFORE, the parties agree as flollows:
l. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. Grantor hereby grants to Grantee an irrevocable ofler of dedication for the Easement in substantially the form described in Exhibit "B" attached hereto and by this reference made a part hereof (the "lOD"). No compensation shall be payable to Grantor for the Easement. Notwithstanding the foregoing, Grantee shall deposiisioo.oo into Escrow hereinafter described which shall be immediately released to Giantor as consideration for Grantee's option to terminate this Agreement.
3. Conveyance of the Easement shall be through an escrow (the "Escrow") with First American Title Company (the "Escrow Holder") located at 675 Tucker Road, Suite E, Tehachapi, California 93561. All escrow fees and closing costs, except as specifically described herein, shall be payable by Grantee. Grantor agrees to remove all deeds of trusi, judgment liens, and delinquent real property taxes on the Easement concurrent with the close of escrow (the "Close of Escrow").
4. Escrow Holder shall cause a preliminary report on the Property to be issued to the parties with copies of the underlying documents (thi "Preliminary Report"). Grantee shall pay for the cost of the Preliminary Report. Escrow shall close on or before - --*-' 2024. Grantee may terminate this Agreement at any time prior to the Close of Escrow by written notice to Grantor. The cost #cancelation of the Escrow in the event of termination of this Agreement, if any, shall be payable by Grantee. Grantee shall deposit the IoD into Escrow prior to the close and Escrow Holder shall see to the execution of same' Grantor agrees to execute the IoD prior to the Close of Escrow. upon the Close of Escrow, Escrow lloldcr shall record the IoD and issue a CLTA owner,s policy of title insurance in favor of Grantee in the amount of $5,000.00. 5' Grantor represents and warrants the following to the best of Grantor,s knowledge: (a) that Grantor is the sole and only owner of the p-roperty; (b) that there are no options to purchase, rights of first refusal, leases, or other contracts in effect relating to the Property; (c) that the Property is incompliance with all federal, state, and local statutes, ordinances, rules and regulations; (d) that the Property is not in violation of any environmental statutes, ordinances, rules or regulation, no, deemed contaminated by a hazardous substances under any federal, state, oilocal statute, ordinance, rule or regulation; and (e) that there are no actions, suits, or legalproceedings pending against the property.
6. Any notice required or permiued under this Agreement or at law shall be deemed to be delivered when personall y served on the party to be noticed or (a) on the next business day following deposit of the notice with an ovemight delivery service, provided the overnight carrier's records confirm delivery, @) when delivered by United States Mail, Postage Prepaid, Registered or Certifi ed Mail, Retum Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, postage Prepaid, (d) when sent by confirmed facsimile transmission, or (e) when sent by electronic mail ("Email") to the following addresses: Grantor - THE ADDRESS AT TEFIACHAPI, LLC, 5O2O Campus Drive, Ste #250 Newport Beach, Cali fornia 92660; Phone - (213) 342-7244 and (310) 990- 9122 Fax Email () r ].1 l.corn and dadi(rrrr rttril.co Grantee - Jay Schlosser, I 15 South Robinson Street, Tehachapi, California 93561, Fax - (661) 822-2197, Ernail_ ischlosscrl(/ttcllachan icitv hall.cor:r 7 ' This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia.
8' This Agreement constitutes the entire agreement befween the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto. 9' This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties. 2 LJ
10. This Agreement may be executed in counterparts. A fully executed facsimile or electronic copy of this Agreement shatl be as effective as the original for all purposes.
I l. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and theirrespective heirs, successors, and assigns.
12. This Agreement shall be interpreted wrthout retbrence to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
13. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attomey,s fees and acfual costs.
14. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
15. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby.
16. Grantor and Grantee each acknowledge that each party and their respective legal counsel have reviewed or had the opportunity to review this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the parties so drafting the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date flrrst hereinabove written.
MOFIAMMAD KOMPAM for THE AD
AT TEI{ACHAPI, LLC, Grautor
MICFIAE,L
City of Tehachapi, CA, Grantee
3 EXHIBIT A
[Legal Description of Easement'l
4 EXHIBIT "A''
417-0tt-31
BEiNG A PORTION OF PARCEL A OF PARCEL MERGER NO. 2021-OI IN THE CITY OF
TEHACHAPI, COUNTY OF KERN, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE RECORDED JTINE 2,2022 AS DOC. NO. 222087547 IN THE OFFICE OF THE COLINTY RECORDER OF SAID UUUN'I Y DESCRItsUD AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 29 TOWNSHIP 32 SOUTH, RANGE 33 EAST, M.D.M., SAID POiNT ALSO BEING THE CENTERLINE INTERSECTION OF TUCKER ROAD AND HIGHLINE ROAD;
THENCE NORTH OOOOI'08'' EAST ALONG THE WEST LINE OF SAID SECTION 29 A DISTANCE OF 25O.OO FEET;
THENCE DEPARTING SAID WEST LINE SOUTH 89O58'52'' EAST A DISTANCE OF
55.00 FEET TO A POINT ON THE EAST LINE OF AN EASEMENT FOR PUBLIC HIGHWAY PURPOSES RECORDED SEP'I'EMtsER 20, 1986 IN BOOK 5928 PAGE 2OO O.R., SAID POINT ALSO BEING ]'HE TRUE POINT OF BEGINNING;
THENCE (I) DEPARTING SAID EAST EASEMENT LINE SOUTH 12"54'24" EAST A DISTANCE OF 127.04 FEET TO THE BEGINNiNG OF A TANGENT
CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2OO.OO FEET;
THENCE (2) SOUTHEASTERIY AT,ONG SAiD CURVE, TFIROUGH A CENTRAL ANGLE OF 15"11'39", AN ARC] DISTANCE OF 53.04 FEET TO THE
BEGINNING OF A TANGENT COMPOLIND CURVE, CONCAVE TO TTIE NORT'HEAST, HAVING A RADIUS OF 85.00 FEET;
THENCE (3) SOUTHE,ASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62"25'5]", AN ARC DISTANCE OF 92,62PEET TO A POINT ON THE NORTHERLY zuGHT OF WAY LINE OF HIGHLINE ROAD;
THENCE (4) ALONG SAID NORTHERLY zuGHT OF WAY SOUTH 89o28'00" WES',I' A DISTANCE OF 102.56 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2O.OO
FEET, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID
EASEMENT FOR PUBLIC HIGHWAY PURPOSES RECORDED
SEPTEMBER 20, 1986 TN BOOK 5928 PAGE 2OO O.R.;
THENCE (5) NORTHWESTERLY ALONG SAID CURVE AND SAID EASEMENT, THROUGH N CENTRAL ANGI,E OF 90"33'08'" NN ARC DISTANCE OI,'
31.61 FEEl';
EXHIBIT "A" Page I of 2
THENCE (6) NORTH 00o01',08" EAST ON AND ALONC SAID EASEMENT A DISTANCE OF 199.27 FEET TO THE POINT OF BEGINNING.
AREA: 6,628 SF MOR-E OR LESS
O.I5 ACRES MORE OR LESS
z,\,Lo*
JASON E. VANCUifil
No. 74:,9
Exp. J-ll-2,f
LANO
*
0F
*
EXHIBIT "A" Page 2 of 2
RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
City of Tehachapi
I l5 South Robinson Street
Tehachapi. CA 93561
This offer of dedication may be terminated by the Grantee and the right to offer abandoned in the same manner as is prescribed for the vacation of streets or Part 3 of Division 9 of the Streets and Highways Code of the MOHAMMAD KOMPANI for THE
AT TEHACHAPI, LLC, "Grantor"
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)
)
)
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)
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IRREVOCABI.E OFFER OF DEDICATION OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE ADDRESS AT TEHACHAPI, LLC (the "Grantor';; hereby grants to rhe clry oF TEHACHAPI (the "Grantee"), an irrevocable offer of dedication io, un exclusive easement over the real property described in Exhibits "A" and "B" attached hereto and by this reference made a part hereoffor the purpose ofingress, egress, public road purposes, and riiliti.r, and such other appurtenances and public improvements as determined by Grantee. The easement shall be kept open, clear, and free from buildings and structures of any kind except as otherwise approved in writing by Grantee.
This offer of dedication is made pursuant to Section 7050 of the Government Code of the State of Caiifomia and may be accepted at any time by the City Councilof the Grantee. This offer of dedication shall convey to the Grantee upon its acceptance a superior right of easement over the real properly and shall be irrevocable and shall be binding on tire Granfr, its heirs, administrators, executors, successors, and assigns.
accept such
highways by
5 EXHIBIT B
41 7-01 t -31
Property Mop
JASON E, VANCUREN
No. 7439
Exp. 3-31-24
LAND
*
OF CAL\
4. Y
*
oi^n eY: MAS l0it I lJt t2+ In ' s!8-oJ G(r: ITf, ADORESS AT IEHACHAPI. LLC EXHIBIT "B'
LEGEND
NO ERACKETS Ilqq gE qALCU-AIED EEAR|NGS & D|STANCES pER RECORO OF S.JRIEY PER EOOK A, PACE iis, OC "'
EASEMENTS
TAKE AREA EOUNDARY
ORIGINAL PARCEI
ACCESS PROHIBITED
BASTS-QE_BEARtNG
ALL BEARINGS ANO OISTANCES SHOWN ON THIS ARE
RECORO OR CALCULATED FROM RECORD OF iURVEY PER BOOK E, PAGE 1 25, OR -r_i.1.Ll-1.1-.1
I
I'-- q rucKER RoAD (co. R0. NO. 3530
s89'58'52"E
55, EASEMENT FOR PUEUC HIC+IWAY
PURPOSES. RTCORDEO OCTOEER 20. 1986
rN BK, 5S28 PG. 200 0.R.
T.P.O.B.
55.00',
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L=53.04' T=26.68'
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R=85.00' D=62'25'57'
L=92.62' T=51.51'
(5) R=20.00'
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T32S R33E Q xtctrurue nono (co. R0. No. 202)
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A
448J SF
2145 SF
SCALE l'=50' 4r7-or-Jl lo^""*, ,, trzinsse
N61'53,57"E RADIAL
ACKNOWLEDGMENT
A notary public or other
document to which this
officer completing thls certificate verifies only the identity of the individual who signed the certificate is anached, and not the truthfulne;s, accuracy, or validity of thal document.
State of€a+i:fu'mb ) N Ew^eft ) ss.
County of tryAs r{oE )
On tk
before me,
personally appeared
Notary Public,
who proved to me on the basis of satisfactory
evidence to be the person(s) whose ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/trer/their signature(s ) on the instrument the person(s), or the entity(ies) on behalf of which the person(s) acted, executed the instrument.
I certifr under PENALTY OF PERruRY under the laws of the State of California that the foregoing paragraph is true and correct.
Smy official seal
ALD(S LIAION.PADILI.A
t*otary Public, State of N.vada
Appointment Xo. 22-3896-02
A{y Appt. Expires S€p ?.6, 20?,6
6 ACCEPTANCE
The undersigned, on behalf of the City Council of the City of Tehachapi hereby accepts the Irrevocable Offer of Dedication to which this Acceptance is attached.
MICHAEL DAVIES, Mayor, City of
Tehachapi, Califomia
7 CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETTNG DATE: APRIL L5,2024 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CITY MANAG
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JOHN (JAY) SCHLOSSER, P.E., DEVELOPMENT SERVICES DIRECTOR DATE: APRIL 4,2024
SUBJECT: ADOPTTON OF CEQA DETERMINATION FOR PROJECT R24109 CAPITAL HILIS AREA
RESURFACING
BACKGROUND
The City seeks to complete resurface and repair in the Capital Hills area that will perform asphalt rehabilitation to approximately 1.7 miles of AC pavement. These repairs include grinding, patching, resurfacing and slurry seal coating, as well as concrete repairs to utility collars, curb and gutter and storm drain inlets.
City Staff has determined that this project is consistent with the applicable provisions of CEQA and for a Categorical Exemption under Section 15301 existing facilities.
RECOM NDATION
ADOPT THE CECUA NOTICE OF EXEMPTION AND DIRECT STAFF TO FILE THE NOTICE OF EXEMPTION.
ATTACHMENTS
ATTACHMENT A - CEQA NOTICE OF EXEMPTION
Print Form
Notice of Exemption Appendix E
To: Office ol Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 9581 2-3044
County Clerk
City of Tehachapi
115 S. Robinson Street
Tehachapi, CA 93561
County 91. Kem (Address)
1l'15 Trurlun Avsw. 1!t FIG
Eakersfield, CA 93301
Project Title RSTP Capital Hills Street lmprovement Project Project Applicant: City of Tehachapi
Project Location - Specitic:
Challenger Drive and Athens Street
Project Location - City Tehachapi Project Location - County: Kern Description ol Nature, Purpose and Beneficiaries ol Proiect:
The City will be providing routine maintenance service to the roadway. The purpose of this project is to reduce rehabilitation costs in the future by proactively addressing wear and tear that the road succrmbs to due to erosion and vehicles. The greater Tehachapi region will be benefiting from this project as it provides a safe oad to travel on Name of Public Agency Approving Project: City of Tehachapi Name ol Person or Agency Carrying Out Pro,ject: City of Tehachapi Exempt Status: (check one):
tr Ministerial (Sec. 21080(b)(1); 15268);
tr Declared Emergency (Sec. 21080(b)(3); 15269(a));
tr Emergency Project (Sec. 21080(bXa);
E Categorical Exemption. Stale type and
tr Statutory Exemptions. State code number:
Reasons why project is exempt:
Maintenance of existing roadway.
1 526e(bXc));
section number: Existing Facilities 1503(c)
Lead Agency
Contact Person: Andrew Norton Area Code/Telephone/Extension :
661-822-2200, Bxt 131
ll flled by applicant:
1. Attach certified documenl ol exemption finding
2. Has a Notice ol
Signature:
Aulhority cited: S€ctions 2108i1 and 21 1 10, Public Resources Code.
Reference: Seclions 211O8,21152, and 21152.1 , Ptblic Resources Code. been liled by the public agency approving the pro.iect? Yes No Date 3120t2024 Tile: City Engineer
. Signed by Lead Agency Signed by Applicant
Date Received for liling at OPR:
tr
Revised 201I
From: (Public Agency):
RSTP Gapital Hills Resurfacing
Capital Hills Prkwy from Ffwy 58 to Challenger; lvlagellan Dr.; Athens St.; Challenger Dr.; Voyager Dr.
Legend
, Feature 1
m