Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: May 20, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Security Substitution for Tract Map No. 16894
Recommendation:
That the Honorable City Council:
(1) Approve the execution of a Subdivision Improvement Agreement with new securities (bonds and cash) with Victorville 142 LP for the required public improvements for Tract Map No. 16894-1;
(2) Accept new securities (bonds and cash) for the required public improvements for Tract Map No. 16894-1;
(3) Approve the execution of a Subdivision Improvement Agreement with Victorville 142 LP including a Lien Agreement as security for the required public improvements for Tract Map No. 16894-2;
(4) Approve the execution of a Lien Agreement with Victorville 142 LP as security for the required public improvements for Tract Map No. 16894-2; (5) Approve the execution of a Subordination Agreement with Victorville 142 LP for the lien agreement for Tract Map No. 16894-2;
(6) Approve the execution of a Release of the existing Subdivision Improvement Agreement with Mojave Onyx Development Company for Tract Map No. 16894; and
(7) Approve the execution of a Release of the existing Utility Surety Agreement with Mojave Onyx Development Company for Tract Map No. 16894.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with “Goal E - Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same 4 1
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strategy to private development projects, as they are essential in meeting the community’s needs.
Background:
Tract Map No. 16894 is a residential subdivision of 142 single-family lots, located at the southwest corner of Mojave Drive and Topaz Road, please see Attachment A, Vicinity Map. On December 27, 2017, Mojave Onyx Development Company (Mojave Onyx), a California Limited Liability Company, as the property owner recorded Phase 1 of the map after providing a Subdivision Improvement Agreement (SIA) secured by a lien agreement as security for the required public improvements. On April 21, 2021, Mojave Onyx, as the property owner recorded Phase 2 of the map after providing a subdivision improvement agreement secured by a lien agreement as security for the required public improvements.
When Phase 2 was recorded, the Phase 1 SIA and lien agreement were released and both phases were placed under one new SIA and lien agreement. Mojave Onyx did not construct any improvements, and all 142 residential lots remain vacant land.
On September 12, 2024, Victorville 142 LP, a California Limited Partnership also known as Legacy Homes, acquired the tract from Mojave Onyx and is the current owner of all 142 undeveloped lots in Tract 16894.
Legacy Homes has been developing tracts in the City of Victorville since 2018 and has successfully completed Tract Nos. 17089 and 16720 in the southwest portion of the City.
They are currently wrapping up development at Tract Nos. 15395, 15396, and 17515.
Discussion:
As a result of this purchase, Legacy Homes is required to enter into a Subdivision Improvement Agreement (SIA) and provide substitute securities in accordance with Victorville Municipal Code §17.64.060. Upon receipt of the new securities, the existing Subdivision Improvement Agreement and Utility Surety Agreement can be released. The new SIAs and securities are mandatory for the required public improvements which include the following:
•Grading, water, sewer, and master-planned drainage facilities •Landscape Maintenance Assessment District (LMAD) landscaping and irrigation improvements along Mojave Drive and Topaz Road
•Street improvements for the tract interior and the perimeter roads (Mojave Drive, Onyx Road, and Topaz Road)
•Monumentation
Upon City Council approval, Legacy Homes will immediately begin development of Phase 1, which includes 79 residential lots. The Phase 1 security includes a bond for the water, sewer, drainage, street and LMAD Improvements, in addition to cash security for the tract monumentation.
Phase 2 development is anticipated to begin in the Fall 2026, at which time new bonds must be submitted and the proposed lien agreement can be released. A subordination 4 1
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agreement is included as part of the Phase 2 Lien Agreement to ensure that the City’s lien takes precedence over a preexisting deed of trust recorded on title.
Staff is available for any questions Council may have.
Attachments: A. Vicinity Map
B. New SIA for Tract Map 16894-1
C. New Securities for Tract Map 16894-1
D. New SIA for Tract Map 16894-2
E. New Lien Agreement for Tract Map 16894-2
F. New Subordination Agreement for Tract Map 16894-2
G. Existing SIA and Lien Agreement for Tract Map Nos. 16894-1 and 16894-2
H. Release of Lien for Subdivision Agreement for Tract Map 16894 I. Existing Utility Surety Agreement
J. Release of Utility Surety Agreement for Tract Map 16894-1