Agenda Item No. 2
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer �7e Shane Massoud, Public Information Officer/Grant Coordinator Fe,-� FOR: City Council Meeting of May 9, 2022
SUBJECT: Amendment No. 5 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa RECOMMENDATION:
That City Council:
1.) Reinstate the terms of the Memorandum of Understanding, between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa, as amended through previously approved Amendment No. 4; and
2.) Approve Amendment No. 5 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa.
BACKGROUND:
On October 26, 2009, the City Council approved a Memorandum of Understanding (MOU) with the Yucaipa Valley Conservancy and the Wildlands Conservancy to transfer two parcels (APNs. 0321-111-03 and 0321-121-44), approximately 334 acres in area, to the City of Yucaipa for the purpose of preserving the property as open space and a passive recreational area.
On September 13, 2010, the City Council approved Amendment No. 1 to the MOU. A condition of this amendment required the City to execute and record a permanent conservation easement on approximately 4 acres of stream habitat area on the property in favor of the Wildlands Conservancy. The purpose of this permanent conservation easement was to mitigate the necessary environmental impacts as a result of the construction of the Wildwood Creek Basins Project. City Council approved the easement at the October 10, 2011, Council Meeting.
Subsequent discussion by staff with the two conservancies also determined that it would be appropriate to include the Yucaipa Valley Conservancy as a grantee on the easement to assist in the long-term monitoring of the 4-acre site.
Amendment No. 1 also indicated that the recordation of specific project related permanent open space conservation easements were to be completed by September 13, 2013 and that the City would execute and record a conservation easement for the remainder of the property by December 31, 2013.
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City Council Meeting of May 9, 2022
Amendment No. 5 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa
On August 26, 2013, the City Council approved Amendment No. 2 to the MOU with Wildlands Conservancy and Yucaipa Valley Conservancy to extend the date for the recordation of the specific project related permanent easements an additional two years to September 13, 2015 and execute and record a conservation easement for the remainder of the property by December 31, 2015.
On August 24, 2015, City Council approved Amendment No. 3 to the MOU with Wildlands Conservancy and Yucaipa Valley Conservancy to extend the date for the recordation of the specific project related permanent easements an additional three years to September 13, 2018 and execute and record a conservation easement for the remainder of the property by December 31, 2018.
Amendment No. 3 also added that project specific conservation easements, requiring review and approval by the applicable regulatory agencies, would be held by the Inland Empire Resource Conservation District (IERCD), or another approved entity, as mutually agreed upon by the parties, with continuing local oversight by the Wildlands Conservancy and the Yucaipa Valley Conservancy.
On August 13, 2018, City Council approved Amendment No. 4 to the MOU with Wildlands Conservancy and Yucaipa Valley Conservancy to extend the date for the recordation of the specific project related permanent easements an additional two years to September 30, 2020 and execute and record a conservation easement for the remainder of the property by December 31, 2020.
As a result of the impacts of the COVID-19 pandemic and the September 30, 2020 extension date, it was mutually agreed upon by the Wildlands Conservancy, the Yucaipa Valley Conservancy and the City to put any further MOU amendment and extension request discussions on -hold until a future date due to the uncertainty of the resource agencies' response and processing of mitigation and conservation easement/permit application requests. Staff initiated those discussion again in April of this year.
DISCUSSION
Over the last few years, staff has met with both conservancies to discuss the complex requirements in the regulatory process as it relates to the recordation of project specific conservation easements. This evolving process has resulted in lengthy delays in the schedules for design, environmental approvals and construction associated with the City's Capital Improvement Program (CIP) Projects. As a result of this process taking longer than expected, the unresponsiveness of the various resource agencies, and the associated impacts of the COVID-19 pandemic, staff has requested, and the conservancies have mutually agreed, that the MOU may be amended again to defer the recordation of future conservation easements. The purpose for the deferral is to allow staff additional time to identify and record habitat restoration credits on the remaining suitable portions of property prior to recording the blanket conservation easement over the entire property.
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City Council Meeting of May 9, 2022
Amendment No. 5 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa
Staff is currently working on establishing such credits for future projects. Some of the CIP Projects that may require offsite mitigation are the Wilson III Basin Project, Wilson Creek Channel Improvements between 14th Street and the I-10 Freeway and the Upper Wildwood Creek Basin Channel Improvements above Mesa Grande Drive.
With this timeline for future projects in mind, the following language has been proposed in Amendment No. 5:
(1) A two (2) year time extension to record project specific conservation easements. This is requested due to the length of time it takes to process and record a conservation easement with the applicable regulatory agencies.
(2) Additional language to clarify that the MOU will allow the conservation easements, regardless of whether they require review and approval by any applicable regulatory agencies, be granted to and held by the Inland Empire Resource Conservation District (IERCD), or other approved and qualified entity, as mutually agreed upon by the parties, with continuing local oversight by Wildlands Conservancy and the Yucaipa Valley Conservancy.
(3) By September 30, 2024, the City shall record a conservation easement in favor of the IERCD, or another approved entity, on any portion of the Property that will not be covered by a conservation easement by December 31, 2024. The City shall not improve the Property in any manner inconsistent with the MOU.
The IERCD's role in the CIP Project has been identified as the third -party holder of grantee interest over the conservation easements, as approved by California Department of Fish and Wildlife. In most cases, the City has assumed overall responsibility for the enhancement and short-term maintenance activities within the conservation easement and IERCD has been responsible for holding the easement, performing the long-term maintenance for the habitat mitigation items as identified by the Resource Agencies, monitoring, and reporting of the conservation easement success criteria in perpetuity.
It should also be noted that staff has met with Wildland Conservancy representatives, and they have reviewed and approved the El Dorado Ranch Park approved concept plan. Specifically, the habitat restoration elements, the planting of native trees along the trail systems, and the associated landscaping and group and individual camping facilities.
In addition, a representative from the Yucaipa Valley Conservancy attended the El Dorado Ranch Park/Five Winds Ranch Improvement Advisory Council Committee meetings, provided valuable input during the formation of the concept plan, and is supportive of the Project. In addition, staff has also discussed the proposed Amendment No. 5 to the MOU with representatives from the Yucaipa Valley Conservancy and they have expressed their concurrence.
With the number of CIP Projects requiring environmental mitigation currently in the design and planning phase and with the concurrence of both conservancies, staff is recommending that the MOU between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of -15-
City Council Meeting of May 9, 2022
Amendment No. 5 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa
Yucaipa be reinstated. Staff is also recommending that Amendment No. 5 of the MOU be amended to defer the recordation of future conservation easements until September 30, 2024.
FISCAL IMPACT:
The El Dorado property has benefitted the City in providing open space, passive recreational opportunities and a suitable location for offsite natural habitat mitigation resulting from the construction of various drainage and transportation projects. The long-term cost to mitigate for necessary Project impacts within the local community is significantly less than the cost to purchase suitable offsite mitigation areas from approved mitigation banks in Southern California.
For example, staff has learned that the cost to purchase suitable offsite mitigation areas, similar to the El Dorado Ranch Park area, from approved mitigation banks in Southern California is in the range of $275,000 to $325,000 per acre. The cost of mitigation for each project varies depending on the type of habitat that needs to be mitigated and the mitigation ratio applied to the project by the resource agencies.
The approved FY 2022/2023 CIP budget includes funding for the various drainage projects, requiring local mitigation at El Dorado Ranch Park, to adequately fund the long-term associated maintenance costs and mitigation requirements.
Attachment: MOU with Wildlands/Yucaipa Valley Conservancies Amendment No. 1
Amendment No. 2
Amendment No. 3
Amendment No. 4
Proposed Amendment No. 5
El Dorado Mitigation Sites Exhibit
Approved by:
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%WW, N,
MEMORANDUM OF UNDERSTANDING
REGARDING
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY THIS MEMORANDUM OF UNDERSTANDING, dated 'I7A a-l4 , 2009 (the "MOU") is made by and between the City of Yucaipa, a California municipal corporation (the "City"), the Yucaipa Valley Conservancy, a California non-profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit corporation ("Wildlands Conservancy"), collectively referred to herein as the Parties.
RECITALS
WHEREAS, the Yucaipa Valley Conservancy and Wildlands Conservancy desire to facilitate the development of a permanent open space/recreational facility for the benefit of the residents of the City of Yucaipa and the surrounding area; and
WHEREAS, the Yucaipa Valley Conservancy owns that certain real property located in the unincorporated area of San Bernardino County, at Carter Street at the easterly boundary of the City of Yucaipa, California, consisting of two parcels: (a) a parcel of approximately two hundred forty (240) acres of land and identified with Assessor's Parcel Numbers 0321-111-03 (the "240 Acre Parcel"); and (b) a parcel of approximately ninety (90) acres of land and identified with Assessor's Parcel Numbers 0321-121-44 (the "90 Acre Parcel", collectively with the 240 Acre Parcel, the "Property"); and
WHEREAS, the 240 +/- Acre Parcel is encumbered with a Conservation Easement in favor of the Wildlands Conservancy, recorded on December 28, 1998 as Instrument No. 19980553415 in the Official Records of San Bernardino County (the "1998 Conservation Easement"); and WHEREAS, the Yucaipa Valley Conservancy desires to donate the Property to the City of Yucaipa with the understanding that the City will cause the development of a recreational/open space facility on the Property; and
WHEREAS, the City is willing to accept title to the Property in order to facilitate development of a recreational/open space facility; and
WHEREAS, as in inducement to City to acquire the Property and cause the development of a recreational/open space facility, the Wildlands Conservancy agrees to re -grade the existing maintenance roads and trails prior to the City accepting the property; and WHEREAS, the City further intends to use portions of the one or both of the parcels as mitigation for environmental impacts related to current and future public works projects through the establishment of a Habitat Mitigation Bank or separate conservation easement. -1-
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t
NOW THEREFORE, the Parties agree as follows:
1. Recitals Incorporated
The foregoing recitals are incorporated in this MOU by this reference.
2. Conveyance
(a) Yucaipa Valley Conservancy agrees to donate the Property to the City, at no charge to the City except as set forth herein.
(b) Within thirty (30) days after the completion of a Phase I environmental site assessment that concludes the Property is clean and that no further investigation is required, the Yucaipa Valley Conservancy and the City shall open mr escrow for the conveyance of the Property from the Yucaipa Valley Conservancy to the City, and execute mutually acceptable escrow instructions consistent with this MOU. The City shall pay all escrow and closing costs. (c) The Yucaipa Valley Conservancy agrees to allow the City and its employees and consultants access to the Property for purposes of due diligence investigations. (d) It shall be a condition to the close of escrow that Priority Title, or another title company acceptable to the City, is willing to issue to City a CLTA owners policy of title insurance in an amount to be determined by the City, insuring fee title to the Property vested in the City, with a mechanic's lien endorsement, free of all liens and encumbrances except (i) those shown on those certain preliminary title reports issued by Priority Title and dated August 18, 2009, Order Nos. P46372 and P46373, and (ii) the conservation easement described in paragraph (c) of this Section 3. The City shall pay the premium for the policy of title insurance. (e) City agrees to execute and cause to be recorded on the 90 acre parcel a conservation easement in favor of the Wildlands Conservancy within one hundred and eighty (180) days of close of escrow, in form and content substantially similar to the 1998 Conservation Easement, subject to certain recreational/open space and mitigation related improvements/uses.
3. Improvements
(a) The City hereby agrees to cause the development on the Property of a recreational/open space facility for the benefit of the residents of the City of Yucaipa and the surrounding area (referred to herein as a "Recreational Facility"), within a reasonable time after the City's acquisition of fee title to the Property.
(b) The Recreational Facility shall include a restroom facility, day use picnic area, parking lot (including space for up to 10 vehicle and trailer combinations for equestrian users), and tie rails for equestrian use. The improvements shall be designed to fit in with the natural environment incorporating natural wood and rock materials wherever feasible. The restroom facility shall be generally consistent with the plans, specifications, and materials used for the -2-
rock -faced restroom constructed at the Wildlands Conservancy's Whitewater facility in Whitewater, California (the "Restroom Facility").
(c) The City, at its sole discretion and at a location of their choosing, may develop a group camping area in the future as well. The Wildlands Conservancy may at their discretion provide additional resources to aid in the development and operation of the group camping area.
4. Maintenance Obligations
(a) The City agrees to maintain the existing trail/maintenance road system in its current configuration and construct additional trails/maintenance roads only through the 90 +/- Acre Parcel along Oak Glen Road and as required to provide connectivity to existing or proposed trails/maintenance roads on or adjacent to the Property. (b) The City agrees to maintain adequate fire breaks through hand cutting measures to protect against fire spreading to or from this property from adjacent properties where structures exist.
(c) At no time in the future shall responsible and reasonable equestrian use of the facility be restricted or denied.
5. Recognition of Yucaipa Conservancy's Donation
The City hereby agrees to cause Yucaipa Conservancy, and the Wildlands Conservancy to receive significant community recognition of their role in making the Recreational Facility possible.
6. Counterparts
This MOU may be executed in counterparts, and all counterparts so executed shall constitute one agreement, binding the Parties hereto, notwithstanding that all of the Parties are not signatory to the original or the same counterpart.
Construction
The language in all parts of this MOU shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the Parties.
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed as of the date first written above.
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Memorandum of Understating
City of Yucaipa and Yucaipa Valley Conservancy
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed as of the date first written above.
CITY OF YUCAIPA
By: LZ)4 �0�2w
Dick Riddell, Mayor
ATTEST:
By: `
Jennifer Sh d, City Clerk
APPROVED AS TO FORM:
o
By:
Michael Estrada, Interim City Attorney
October 21, 2009
YUCAIPA VALLEY CONSERVANCY
wt-
By:
WILDLANDS CONSERVANCY
By:
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AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING REGARDING
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 1 ("Amendment") to that certain Memorandum of Understanding, entered into as of October 26, 2009 ("MOU"), is made as of September 13, 2010, 2010 ("Effective Date"), by and between the City of Yucaipa, a California municipal corporation ("City"), the Yucaipa Valley Conservancy, a California non-profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit corporation ("Wildlands Conservancy"), collectively referred to herein as the "Parties".
WHEREAS, the Parties previously entered into that certain MOU regarding the conveyance of 334 acres of land (APNs: 0321-111-03 and 0321-121-44) from the Yucaipa Valley Conservancy to the City for the long-term preservation of the property as open space and recreational land (the "Property"); and
WHEREAS, approximately 240 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildlands Conservancy, recorded on December 28, 1998; and
WHEREAS, the Yucaipa Valley Conservancy conveyed the Property to the City by Grant Deed on March 26, 2010 ("Grant Deed") and City accepted the Property by executing a Certificate of Acceptance on March 31, 2010; and
WHEREAS, City caused the Grant Deed to be recorded by the Office of Official Records of the County of San Bernardino on April 7, 2010; and
WHEREAS, to the extent possible, City seeks to mitigate environmental effects of future City projects by executing and recording a series of conservation easements over the Property, in phases; and
WHEREAS, the City shall preserve approximately 4 acres of stream habitat on the Property by April 11, 2011, in accordance with the Agreement regarding Proposed Stream or Lake Alteration for the Wildwood Creek Basin Project, entered into by the City of Yucaipa and the California Department of Fish and Game on April 12, 2010; and WHEREAS, the Parties desire that the entirety of the Property shall be preserved with a conservation easement before the end of a three year period; and WHEREAS, the Parties therefore desire to amend certain provisions of the MOU.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows:
1. Section 2(e) of the MOU is hereby amended in its entirety to read as follows:
10070-0001 \ l 274880v Ldoc -21-
"On or before April 11, 2011, City shall execute and cause to be recorded a conservation easement on 4 acres of stream habitat on the Property in favor of the Wildlands Conservancy.
As needed to mitigate the effects of future City projects, City shall execute and cause to be recorded a series of conservation easements on the Property. If City has not recorded conservation easements on the entirety of the Property by September 13, 2013, City shall record and execute a conservation easement for the remainder of the Property in favor of the Wildlands Conservancy by December 31, 2013. City shall not improve the Property in any manner that would prevent the City from executing a conservation easement over the Property."
2. Effect of Amendment. Except as expressly modified by this Amendment, the Parties acknowledge and agree that the MOU is in full force and effect in accordance with its terms. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control.
3. Entire Agreement. The MOU, together with this Amendment, embodies the entire integrated agreement and understanding between City, Yucaipa Valley Conservancy, and Wildlands Conservancy with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral (the "Amended MOU"). No waiver, alteration, or modification of any of the provisions of the Amended MOU shall be binding unless in writing and signed by all Parties.
4. Countemarts; Facsimile/Email Signatures; Duplicate Originals. This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment by facsimile or email shall be equally effective as delivery of a manually executed counterpart of this Amendment. This Amendment may also be executed in duplicate originals, each of which is deemed to be an original for all purposes.
5. Headings. Headings used in this Amendment are for convenience and ease of reference only and shall not affect the interpretation of the Amendment.
6. Authority to Sign. The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties have signed this Amendment as of the Effective Date stated in the introductory clause.
CITY OF YUCAIPA, a California
municipal corporation
By:6t I
DICK RIDDELL
Mayor
ATTEST:
JENNIFER S AN LAND
City Clerk
APPROVED AS TO FORM:
MICHAEL ESTRADA
City Attorney
YUCAIPA VALLEY CONSERVANCY
By: --kLvw
Name: 'FA
Ca. �t� ♦2�1t Title: �
WILDLANDS CONSERVANCY
By:
Name: DA%4AO I-I&S
Title: t:_;. n.
3 10070-0001\1274880vLdoc -23-
AMENDMENT NO.2 TO MEMORANDUM OF tiNDERSTANDING REGARDING
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 2 ("Amendment") to that certain Memorandum of Understanding, entered into as of October 26, 2009 ("MOU"), and Amended by Amendment No. 1 on September 13, 2010, is made as of August 26, 2013 ("Effective Date"), by and between the City of Yucaipa, a California rnunicipal corporation ("City"), the Yucaipa Valley Conservancy, a California non-profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit corporation ("Wildlands Conservancy"), collectively referred to herein as the "Parties".
WHEREAS, the Parties previously entered into that certain MOU regarding the conveyance of approximately 330 acres of land (APNs: 0321-111-03 and 0321-121-44) fi-om the Yucaipa Valley Conservancy to the City for the long-term preservation of the property as open space and recreational land (the "Property"); and
WHEREAS, approximately 240 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildlands Conservancy, recorded on December 28, 1998; and
WHEREAS, the Yucaipa Valley Conservancy conveyed the Property to the City by Grant Deed on March 26, 2010 ("Grant Deed") and City accepted the Property by executing a Certificate of Acceptance on March 31, 2010; and
WHEREAS, City caused the Grant Deed to be recorded by the Office of Official Records of the County of San Bernardino on April 7, 2010; and
WHEREAS, to the extent possible, City seeks to mitigate envirorunental effects of fixture City projects by executing and recording a series of conservation easements over the Property, in phases; and
WHEREAS, the Parties therefore desire to amend certain provisions of the MOU.
WHEREAS, this amendment is intended to supercede and replace Section 2(e) as set forth in Amendment No. 1.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows:
Section 2(e) of the MOU is hereby amended in its entirety to read as follows:
"As needed to mitigate the effects of fixture City projects, City shall execute and cause to be recorded a series of conservation easements on the Property. If City has not recorded conservation easements on the entirety of the Property by September 13, 2015, City shall execute 10070-0001\1274880vLdoc
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a conservation easement for the remainder of the Property in favor of the Wildlands Conservancy by December 31, 2015. City shall not improve the Property in any manner that would prevent the City from executing a conservation easement over the Property."
2. Effect. of Amendment. Except as expressly modified by this Amendment, the Parties acknowledge and agree that the MOU is in full force and effect in accordance with its terms. This Amendment 2 is intended to supercede and replace Amendment No. 1. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control.
3. Entire Agreement. The MOU, together with this Amendment No. 2, embodies the entire integn•ated agreement and understanding between City, Yucaipa Valley Conservancy, and Wildlands Conservancy with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral (the "Amended MOU"). No waiver, alteration, or modification of any of the provisions of the Amended MOU shall be binding unless in writing and signed by all Parties.
4. Counterparts-, Facsimile/Email Signatures: Duplicate Originals. This Amendment may be executed in any number of counterparts, each of which shall be an on oinal. but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment by facsimile or email shall be equally effective as delivery of a manually executed counterpart of this Amendment. This Amendment may also be executed in duplicate originals, each of which is deemed to be an original for all purposes.
5. Headings. Headings used in this Amendment are for convenience and ease of reference only and shall not affect the interpretation of the Amendment.
6. Authority to Sign. The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
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10070-0001 12748800 .dog
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IN WITNESS WHEREOF, the parties have signed this Amendment as of the Effective Date stated in the introductory clause.
CITY OF YUCAIPA, a California
munici]
Mayor
ATTEST:
JENNIFERSHA KLAND
City Clerk _
APPROVED AS TO FORM:
David M4Siow
City Attorney
YUCAIPA VALLEY CONSERVANCY
y:
ame:
Title:
WILDLANDS CONSERVANCY
By: &a4-4
�&
Name:
Title:js-C.�,c�trc�c. �ircc f DY
10070-0001\1 274880%y I Am
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El Dorado - Off -Site Mitigation Plan
4.0 Acres Designate for
Wildwood Detention Basin Project
(Project No. 0602)
(Legal Description & Plat Map Completed)
1.38 Acres
Undesignated
N. T. S.
4.0 Acres Designated
Pending Final Aproval for
IERCD
1.2 Acres
Undesignated
0321-121 44
i-Jurisdictio-nal Area
L.4L.
1.0 Acres Designated
Pending Final Approval for
6th Place LWC
(Project No. 5084)
1.0 Acres Designated For
Avenue D LWC ProjV//,
(Project No. 0414)
4.3 Acres
Undesginated
�— 0.56 Acres Designated for
3rd Street LWC Project
(Project No. 5003)
1.0 Acres Designated for
lTransit Center Phase II Project
1.0 Acres (Project No. 5003) Legend
Designated For
13th Street LWC ^�
Project ` .�' k Undesignated
(Project No. 0415
1 ) OPQ Designated
G� Designated -Pending
P; Final Approval
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AMENDMENT NO.3 TO MEMORANDUM OF UNDERSTANDING REGARDING
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 3 ("Amendment No. 3") to that certain Memorandum of Understanding, entered into as of October 26, 2009 ("MOU"), and amended by Amendment No. 1 on September 13, 2010, and amended on August 26, 2013 by Amendment No. 2 ("Amendment No. 2"), is made as of August 24, 2015 ("Effective Date"), by and between the City of Yucaipa, a California municipal corporation ("City"), the Yucaipa Valley Conservancy, a California non- profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit corporation ("Wildlands Conservancy"), collectively referred to herein as the "Parties".
WHEREAS, the Parties previously entered into that certain MOU regarding the conveyance of approximately 330 acres of land (APNs: 0321-111-03 and 0321-121-44) from the Yucaipa Valley Conservancy to the City for the long-term preservation of the property as open space and recreational land (the "Property"); and
WHEREAS, approximately 240 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildlands Conservancy, recorded on December 28, 1998; and
WHEREAS, the Yucaipa Valley Conservancy conveyed the Property to the City by Grant Deed on March 26, 2010 ("Grant Deed") and City accepted the Property by executing a Certificate of Acceptance on March 31, 2010; and
WHEREAS, City caused the Grant Deed to be recorded by the Office of Official Records of the County of San Bernardino on April 7, 2010; and
WHEREAS, to the extent possible, City seeks to mitigate environmental effects of future City projects by executing and recording a series of conservation easements on, over and across the Property, in phases; and
WHEREAS, the Parties therefore desire to amend certain provisions of the MOU.
WHEREAS, this amendment is intended to supercede and replace Section 2(e) as set forth in Amendment No. 2.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Section 2(e) of the MOU is hereby amended in its entirety to read as follows:
"As needed to mitigate the effects of future City projects, City shall execute and cause to be recorded a series of conservation easements on the Property. Conservation Easements that 10070-0001\1858163v1.doc
-28-
require review and approval by the applicable regulatory agencies shall be granted to and held by the Inland Empire Resource Conservation District (IERCD), or other approved and qualified entity, as mutually agreed upon by the parties, with continuing local oversight by the Wildlands and Yucaipa Valley Conservancies. The IERCD will be the holder of the conservation easement(s) as approved by the applicable regulatory agencies and will be responsible for the oversight, monitoring and reporting of the conservation easements in perpetuity.
If City has not recorded conservation easements on the entire Property by September 13, 2018, City shall execute a conservation easement in favor of the Wildlands Conservancy for any portion of the Property not covered by a conservation easement by December 31, 2018. City shall not improve the Property in any manner inconsistent with the MOU and in a manner that would prevent the City from executing a conservation easement over the Property."
2. Effect of Amendment. Except as expressly modified by this Amendment, the Parties acknowledge and agree that the MOU is in full force and effect in accordance with its terms. This Amendment 3 is intended to supercede and replace Amendment No. 2. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment No. 3, the terms and conditions of this Amendment No. 3 shall prevail and control.
3. Entire Agreement. The MOU, together with this Amendment No.3, embodies the entire integrated agreement and understanding between the Parties with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, whether written or oral (the "Amended MOU"). No waiver, alteration, or modification of any of the provisions of the Amended MOU shall be binding unless in writing and signed by all Parties.
4. Counterparts; Facsimile/Email Signatures; Duplicate Originals. This Amendment No. 3 may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment No. 3 by facsimile or email shall be equally effective as delivery of a manually executed counterpart of this Amendment No. 3. This Amendment No. 3 may also be executed in duplicate originals, each of which is deemed to be an original for all purposes.
5. Headings. Headings used in this Amendment No. 3 are for convenience and ease of reference only and shall not affect the interpretation of the Amendment No. 3.
6. Authority to Sigr1. The person or persons executing this Amendment No. 3 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 3 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties have signed this Amendment No. 3 as of the Effective Date stated in the introductory clause.
CITY OF YUCAIPA, a California
municipal corporation
By:
Denise Hoyt
Mayor
ATTEST:
JENNIFER SHANKLAND
City Clerk
APPROVED AS TO FORM:
David M. Snow
City Attorney
YUCAIPA VALLEY CONSERVANCY
By:
Name:
Title:
WILDLANDS CONSERVANCY
By:
Name:
Title:
10070-0001\1858163v1.doc
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AMENDMENT NO.4 TO MEMORANDUM OF UNDERSTANDING REGARDINTG
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 4 ("Amendment No. 4") to that certain Memorandum of Understanding, entered into as of October 26, 2009 ("MOU"), as amended by Amendment No. 1 on September 13, 2010, Amendment No. 2 on August 26, 2013 ("Amendment No. 2"), and Amendment No. 3 on August 24, 2015, is made as of August 13, 2018 ("Effective Date"), by and between the City of Yucaipa, a California municipal corporation ("City"), the Yucaipa Valley Conservancy, a California non-profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit corporation ("Wildlands Conservancy"), collectively referred to herein as the "Parties".
WHEREAS, the Parties previously entered into that certain MOU regarding the conveyance of approximately 334.5 acres of land (APNs: 0321-111-03 and 0321-121-44) from the Yucaipa Valley Conservancy to the City for the long-term preservation of the property as open space and recreational land (the "Property"); and
WHEREAS, approximately 238.28 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildlands Conservancy, recorded on December 28, 1998; and
WHEREAS, the Yucaipa Valley Conservancy conveyed the Property to the City by Grant Deed on March 26, 2010 ("Grant Deed") and City accepted the Property by executing a Certificate of Acceptance on March 31, 2010; and
WHEREAS, City caused the Grant Deed to be recorded by the Office of Official Records of the County of San Bernardino on April 7, 2010; and
WHEREAS, to the extent possible, City seeks to mitigate envirorunental effects of future City projects by executing and recording a series of conservation easements on, over and across the Property, in phases; and
WHEREAS, the Parties therefore desire to amend certain provisions of the MOU: and WHEREAS, this amendment is intended to supersede and replace Section 2(e) as set forth in Amendment Nos. 1, 2, and 3.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:
Section 2(e) of the MOU is hereby amended in its entirety to read as follows:
"As needed to mitigate the effects of future City projects, City shall execute and cause to be recorded a series of conservation easements on the Property. The conservation easements, regardless of whether they require review and approval by any applicable regulatory agencies, 10070-0001\2197714v2.doc
�L:]-Tgli?��
-31-
shall be granted to and held by the Inland Empire Resource Conservation District (IERCD), or other approved and qualified entity, as mutually agreed upon by the parties, with continuing local oversight by the Wildlands Conservancy and the Yucaipa Valley Conservancy. The IERCD, or other approved and qualified entity, will be the holder of the conservation easement(s) that encumber the Property and will be responsible for the oversight, monitoring and reporting of the conservation easements in perpetuity.
By September 30, 2020, the City shall record a conservation easement in favor of the IERCD on any portion of the Property that will not be covered by a conservation easement by December 31, 2020.
The City shall not improve the Property in any manner inconsistent with the MOU.
2. Effect of Amendment. Except as expressly modified by this Amendment, the Parties acknowledge and agree that the MOU is in full force and effect in accordance with its terms. This Amendment No. 4 is intended to supersede and replace Amendment No. 3. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment No. 4, the terms and conditions of this Amendment No. 4 shall prevail and control.
3. Entire Agreement. The MOU, together with this Amendment No. 4, embodies the entire integrated agreement and understanding between the Parties with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, whether written or oral (the "Amended MOU"). No waiver, alteration, or modification of any of the provisions of the Amended MOU shall be binding unless in writing and signed by all Parties.
4. Counter -parts; Facsimile/Email Signatures; Duplicate Originals. This Amendment No. 4 may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment No. 4 by facsimile or email shall be equally effective as delivery of a manually executed counterpart of this Amendment No. 4. This Amendment No. 4 may also be executed in duplicate originals, each of which is deemed to be an original for all purposes.
5. Headings. Headings used in this Amendment No. 4 are for convenience and ease of reference only and shall not affect the interpretation of the Amendment No. 4.
6. Authority to Sign. The person or persons executing this Amendment No. 4 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 4 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
2 10070-0001\2197714v2.doc
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IN WITNESS WHEREOF, the parties have sided this Amendment No. 4 as of the Effective Date stated in the introductory clause.
CITY OF YUCAIPA, a California
municipal corporation
By: 1
Greg Bogh
Mayor
TTEST:
Jennifer Sl
City Clerk
APPROVED AS TO FORM:
"6-j
DkWd M. Snow
City Attorney
YUCAIPA VALLEY CONSERVANCY
By: S
Name: A A
Title: r--V,o w cca"
WILDLANDS CONSERVANCY
By:
Name: DAvi n
Title: r
10070-0001\2197714v2.doc
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AMENDMENT NO. 5 TO MEMORANDUM OF UNDERSTANDING REGARDING
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 5 ("Amendment No. 5") to that certain Memorandum of Understanding, entered into as of October 26, 2009 ("MOU"), as amended by Amendment No. 1 on September 13, 2010, Amendment No. 2 on August 26, 2013 ("Amendment No. 2"), and Amendment No. 3 on August 24, 2015, Amendment No. 4 on August 13, 2018, is made as of May 9, 2022 ("Effective Date"), by and between the City of Yucaipa, a California municipal corporation ("City"), the Yucaipa Valley Conservancy, a California non-profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit public benefit corporation ("Wildlands Conservancy"), collectively referred to herein as the "Parties".
WHEREAS, the Parties previously entered into that certain MOU regarding the conveyance of approximately 334.5 acres of land (APNs: 0321-111-03 and 0321-121-44) from the Yucaipa Valley Conservancy to the City for the lonb term preservation of the property as open space and recreational land (the "Property"); and
WHEREAS, approximately 238.28 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildlands Conservancy, recorded on December 28, 1998; and
WHEREAS, the Yucaipa Valley Conservancy conveyed the Property to the City by Grant Deed on March 26, 2010 ("Grant Deed") and City accepted the Property by executing a Certificate of Acceptance on March 3 1, 2010; and
WHEREAS, City caused the Grant Deed to be recorded by the Office of Official Records of the County of San Bernardino on April 7, 2010; and
WHEREAS, to the extent possible, City seeks to mitigate environmental effects of future City projects by executing and recording a series of conservation easements on, over and across the Property, in phases; and
WHEREAS, the Parties therefore desire to amend certain provisions of the MOU: and WHEREAS, this amendment is intended to supersede and replace Section 2(e) as set forth in Amendment Nos. 1, 2, and 3.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Section 2(e) of the MOU is hereby amended in its entirety to read as follows:
1 -34-
"As needed to mitigate the effects of future City projects, City shall execute and cause to be recorded a series of conservation easements on the Property. The conservation easements, regardless of whether they require review and approval by any applicable regulatory agencies, shall be granted to and held by the Inland Empire Resource Conservation District (IERCD), or other approved and qualified entity, as mutually agreed upon by the parties, with continuing local oversight by the Wildlands Conservancy and the Yucaipa Valley Conservancy. The IERCD, or other approved and qualified entity, will be the holder of the conservation easement(s) that encumber the Property and will be responsible for the oversight, monitoring and reportina of the conservation easements in perpetuity.
By September 30, 2024, the City shall record a conservation easement in favor of the IERCD on any portion of the Property that will not be covered by a conservation easement by December 31, 2024.
The City shall not improve the Property in any manner inconsistent with the MOU.
2. Effect of Amendment. Except as expressly modified by this Amendment, the Parties acknowledge and agree that the MOU is in full force and effect in accordance with its terms. This Amendment No. 5 is intended to supersede and replace Amendment No. 4. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment No. 5, the terms and conditions of this Amendment No. 5 shall prevail and control.
3. Entire Agreement. The MOU, together with this Amendment No. 5, embodies the entire integrated agreement and understanding between the Parties with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, whether written or oral (the "Amended MOU"). No waiver, alteration, or modification of any of the provisions of the Amended MOU shall be binding unless in writing and signed by all Parties.
4. Counterparts: Facsimile/Email Signatures: Duplicate Originals. This Amendment No. 5 may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment No. 5 by facsimile or email shall be equally effective as delivery of a manually executed counterpart of this Amendment No. 5. This Amendment No. 5 may also be executed in duplicate originals, each of which is deemed to be an original for all purposes.
5. Headings. Headings used in this Amendment No. 5 are for convenience and ease of reference only and shall not affect the interpretation of the Amendment No. 5.
6. Authority to Sign. The person or persons executing this Amendment No. 5 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 5 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
2 -35-
IN WITNESS WHEREOF, the parties have signed this Amendment No. 5 as of the Effective Date stated in the introductory clause.
CITY OF YUCAIPA, a California
municipal corporation.
David Avila
Mayor
Jennifer Crawford
Assistant City Manager/City Clerk
APPROVED AS TO FORM:
David Snow
City Attorney
3 YUCAIPA VALLEY CONSERVANCY
By:
Name:
Title: Rre S c A e rL
ATTEST: WILDLANDS CONSERVANCY
By: � — -
Name: Frazi Haney
Title: Executive Director
By: _
Name: David Myers
Title: President
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0321-111-03
238.28 Acres
Wildwood Basins
Designated Mitigation Area: 4.0 Acres
1 1 0321-121-
10.78 Acres
Five Winds
Ranch
'lace LWC
Waters of the State: 0.36 Acre
0321-121-44
96.22 Acres
�!-�
3rd Street LWC
.� Waters of the State: 0.6 Acre
v Transit Center Phase II
\ Waters of the State: 1.3 Acres
Future Wilson III Basin
Waters of the State: 7.0 Acres
10 Acres
Designated for
Future
Development
Avenue D and 13th Street LWCs
Waters of the State: 4.4 Acres
T El Dorado Ranch Park
48.5 Acres
El Dorado - Restroom and
Parking Lot Improvements
Legend
El Dorado Ranch Park
D
Parcel Boundary/APN
Recorded Conservation Easements
El Dorado Ranch Park Improvements
Avenue D at Wilson Creek LWC and 13th
Street at Wilson Creek LWC Conservation
Easement
_ Transit Center Phase II
3rd Street at Wildwood Creek LWC
Conservation Easement
Wildwood Basins Conservation Easement
®6th Place at Wildwood Creek LWC
Conservation Easement
Future Wilson III Basin
Existing Conservation Easement
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El Dorado Ranch Park Mitigation Sites