Agenda Item No. 11
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Developmen ervices/City Engineer Todd Gutjahr, Public Works Analyst<�V
FOR: City Council Meeting of September 23, 2024
SUBJECT: Landscape and Lighting Maintenance District No. 1 Zone QQ Dormancy Agreement RECOMMENDATION:
That the City Council
1. Adopt Resolution No. 2024-54 approving the Dormancy Agreement for Landscape and Lighting Maintenance District No. 1, Zone QQ; and
2. Authorize the City Manager to execute the Dormancy Agreement and authorize the City Manager or his designee to administer the terms of the Dormancy Agreement.
BACKGROUND/DISCUSSION:
In June 2006, the City Council adopted Resolution No. 2006-19, approving the annexation of Tract Map No. 16055 and 10655-1 into the City of Yucaipa Landscape and Lighting Maintenance District No. 1 (LLMD No. 1), identified as Zone QQ (Zone).
Tract Map No. 16055 contains 14 lots on the north side of Highland Avenue, just west of Casa Blanca Avenue. During the final engineering design process, Tract Map No. 16055 was separated into Tract Map No. 16055, comprising of 11 lots, and Tract Map No. 16055-1, comprising of 3 lots under separate ownership. The separation conditioned Tract Map No. 16055-1 to annex into LLMD No. 1 as part of the entitlement process. The developer proposed to have the energy charges and maintenance costs for 1 streetlight, 1 drywell, and 21,241 square feet of landscape maintenance area to be placed into LLMD No. 1. Since 2006, the three parcels have been assessed, and funds were collected for the energy charges and maintenance costs. However, the developer's specified improvements were never completed.
In 2016, consistent with the City's LLMD Administrative Policy, the owner of the three parcels located at 36174 Highland Avenue requested and received a refund of a portion of the funds collected and available in the account for the Zone at that time. In 2023, the owner requested the balance of the funds and indicated they did not intend to develop nor sell the three separate parcels.
Instead, they built homes on each of the three parcels for their family. The property owner has also requested to de -annex the Zone from LLMD No. 1.
In consultation with the City Attorney's office, it was determined that a de -annexation would prohibit/complicate the collection of future landscape and lighting maintenance district funds should the property be sold and the new property owner request to be annexed back into LLMD No. 1. As a result, a Dormancy Agreement (Agreement) is being proposed.
The Agreement would allow the Zone to remain in LLMD No. 1. However, the property assessments would cease to be collected until such a time that a future property owner wishes to complete the submission, and the improvements are completed. Under the Agreement, the property owner is obligated to maintain the existing landscape within this zone. The maintenance shall be at the sole expense of the property owner and shall be in compliance with the landscape plans and final map that are on record with the City. Maintenance shall include, but not be limited to watering/irrigation, fertilization, mowing, trimming and shaping of trees and shrubs, control of weeds, repair and replacement of damaged light fixtures and timely payment of electrical costs to Southern California Edison.
FISCAL IMPACT:
Zones within LLMD No. 1 operate based upon a break-even model. The recommendations for this item do not have a net financial impact to the City.
Attachments:
1. Resolution 2024-54
2. Zone QQ Dormancy Agreement
Approved by:
ATTACHMENT
RESOLUTION NO.2024-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, APPROVING THE DORMANCY OF TRACT MAP NO.
16055 AND TRACT MAP NO. 16055-1 FROM THE CITY OF YUCAIPA LANDSCAPING AND LIGHTING MAINTENCE DISTRICT NO. 1
WHEREAS, the City of Yucaipa (City) has received a written request from the owner of the properties comprising of Tract Map No. 16055 and Tract No. 16055-1 (Zone QQ) in the City requesting that such properties (Properties) be annexed to City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (District) thereof for the maintenance, servicing and operation of public landscaping, energy charges and maintenance, servicing and operation of street lights and appurtenant facilities; and
WHEREAS, the City Council has received the Engineer's Report prepared by the developer's engineer as required by the City of Yucaipa with regard to the annexation of the Property to the District and levy of a proposed assessment thereon for the 2024-2025 fiscal year (Report) which contains all matters required by Section 22567 of the California Streets and Highways Code and Section 4 of Article XIIID of the California Constitution; and WHEREAS, the City Council has determined that the Property should be annexed to the District, the Engineer's Report should be approved, and the City Council should fix the time and place for a public hearing at which the City Council will receive testimony regarding the proposed assessment, of the annexation of the Property to the District and the levy of the proposed assessment thereon; and
WHEREAS, the City Council has conducted a public hearing and adopted Resolution No. 2006-19, approving the annexation of Tract Map No. 16055 and Tract No. 16055-1 into the City of Yucaipa Landscape and Lighting Maintenance District No. 1; and WHEREAS, the City Council has approved Final Track Map No. 16055 and Tract No. 16055-1 and authorized the recording of the maps; and
WHEREAS, the property owner has expressed no intent to develop Tract Map No. 16055 and Tract Map No. 16055-1 in the future.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution 2006-19 has been rescinded.
Section 2. The Dormancy Agreement will allow the property assessments to cease to be collected until such a time that Zone QQ is scheduled to be developed.
Section 3. The property owner is obligated to maintain the facilities within the Zone QQ. The maintenance shall be at the sole expense of the property owner and shall follow the standards that are in compliance with the plans and final map that are on record with the City of Yucaipa and the County of San Bernardino.
Section 4. Any remining funds held by the City will be refunded to the property owner.
Section 5. Authorize the City Manager to execute an agreement and authorize the City Manager or his designee to administer the terms of the Agreement for the Dormancy of Landscaping and Lighting Maintenance District No. 1, Zone QQ.
PASSED, APPROVED, and ADOPTED this 23`d day of September, 2024.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
ATTACHMENT 2
LANDSCAPE LIGHTING MAINTENANCE DISTRICT
DORMANCY AGREEMENT
THIS FACILITIES MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of September 23, 2024 ("Effective Date"), by and between Don/Michelle Bradley ("Property Owner"), and the CITY OF YUCAIPA, a California municipal corporation ("City") with reference to the following facts:
RECITALS
A. Reference is made to that certain real property situated in the City of Yucaipa, County of San Bernardino, State of California, known as Zone QQ site and described on Exhibit "A", attached hereto and incorporated by this reference as if fully set forth herein ("Project Site").
B. The City and the Property Owner desire to enter into an agreement pursuant to which the Property Owner will maintain the Facilities within the Maintenance Area as both are depicted on Exhibit "A".
AGREEMENT
NOW, THEREFORE, the City and the Property Owner (together, the "Parties") hereby agree as follows:
I. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure the maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the Facilities by the Property Owner at its expense in accordance with the standards, including the Maintenance Standards (defined in Section 4 below), set forth herein.
2. FACILITIES AS A BENEFIT. The Property Owner agrees that the Facilities will materially benefit Project Site and that Property Owner's maintenance, repair, safe operation and, if and when necessary, replacement thereof in accordance with this Agreement.
3. PROPERTY OWNER'S RESPONSIBILITIES. Property Owner, at its sole expense, shall maintain, safely operate, periodically inspect, repair, resurface and, if and when necessary, replace the Facilities identified in Exhibit "A", as well as perform all necessary service on maintenance equipment, in order to ensure the attractive and healthy appearance of the landscaping, the attractive appearance, condition and safety of any and all structures, and the efficient operation of all of the Facilities, including paying any utility expenses associated with the Facilities, said utility expenses to be paid by the Property Owner upon the direct receipt of invoices for utility services from the utility providers, all in accordance with the Maintenance Standards described in Section 4 below, and industry and City standards applicable to similar Facilities.
4. MAINTENANCE STANDARDS. The following standards (collectively, "Maintenance Standards") shall be complied with by Property Owner and its maintenance staff, contractors and subcontractors in connection with the required maintenance of the Facilities:
a. The Facilities shall be maintained in compliance with the Plans and Final Map, in good condition, and in accordance with the custom and practice generally applicable to public rights -of -way and public property within the City of Yucaipa. b. Facilities Maintenance shall include, but not be limited to:
watering/irrigation; fertilization; periodic trimming, mowing, and/or edging of grass and lawn areas; pruning of trees, shrubs, and other vegetation; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; removal and replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.
C. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from Facilities and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.
d. Lighting maintenance shall include prompt replacement of inoperable light bulbs, repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas and Electric.
e. All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. f. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governmental requirements.
Precautionary measures shall be employed recognizing that all areas are open to public access.
5. FORBEARANCE OF LEVY. The City agrees that, provided Property Owner is not in default of its obligations under this Agreement, to annually levy $0.00 through Landscape Lighting Maintenance District No. 1 against the Project Site for each applicable assessment period during the term of this Agreement.
6. NO IMPAIRMENT OF LIEN. No violation or breach of the agreements, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Property Owner to the Project Site or any portion thereof shall be bound by such agreements, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
7. ENCROACHMENT PERMIT; RIGHT OF ENTRY. The Property Owner and the City acknowledge that, to the extent that the Facilities are located within the City rights -of -way, the Property Owner shall obtain an encroachment permit from the City in order for the Property Owner to perform its obligations under this Agreement. Such an encroachment permit shall set
forth the terms and provisions upon which the Property Owner has a right to enter onto such rights - of -way in order to perform maintenance, inspection, repair and, if and when necessary, replacement services (collectively, "Maintenance Services"). The encroachment permit shall be issued on the terms and conditions of this Agreement:
a. Permitted Uses. The Property Owner may enter upon such Facilities as are located within the City rights -of -way, and may temporarily block reasonably necessary portions of the adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental purposes thereto, such as operating equipment and storing materials during the period maintenance services are being performed (collectively, "Activities"). The Property Owner shall not use such areas for any other purpose.
8. PERMITS AND APPROVALS. To the extent that performance of the Maintenance Services or other Activities requires permits or governmental approvals, the Property Owner shall, at its sole cost and expense, obtain such permits and approvals. The City shall issue encroachment permits, from time to time, on the terms set forth in Section 7 above.
9. TERM. This Agreement shall commence immediately upon the Effective Date and shall continue in perpetuity until and unless terminated by the City in its sole discretion or by mutual agreement of the Parties.
10. INDEMNIFICATION. The Property Owner shall indemnify, defend and hold the City, its Council, boards, offices, commissions, agents and employees harmless from liens, claims, demands, actions, causes of action, obligations, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees (individually, "Claims" and collectively, "Claims"), which may arise from or in any manner relate to any work performed or services provided under this Agreement by the Property Owner, or the Property Owner's contractors, subcontractors, agents or employees, including, but not limited to, the performance of the Maintenance Services or other Activities. Notwithstanding the forgoing, the Property Owner shall not be obligated under this Agreement to defend and/or indemnify the City to the extent that any Claim is caused by the negligence or willful misconduct of the City or its agents or employees. The aforementioned indemnity shall apply regardless of whether or not the City has prepared, supplied or approved plans and/or specifications for the Facilities and regardless of whether any insurance required under this Agreement is applicable to any Claims.
11. DEFAULT.
a. The failure by Property Owner to maintain the Facilities within the Maintenance Area as both are depicted on Exhibit "A" will constitute an event of default.
Upon such event of default, the City shall provide written notice to the Property Owner. Upon receipt of the written notice, the Property Owner shall have ten (10) days to remedy such event of default (or such longer period of time as may reasonably be required, provided that the Property Owner shall commence to remedy such default within ten (10) days period and thereafter diligently prosecute such remedy to completion). b. If the Property Owner fails to remedy the event of default within the prescribed time period, the City may assume responsibility to maintain the Facilities within the
Maintenance Area as both are depicted on Exhibit "A" and levy and collect the special assessment, up to the maximum amount permitted in the Zon Engineer's Report on file with the City Clerk, against the Project Site for each applicable assessment period. Additionally, the City shall have the right to do all work necessary to remedy the event of default and charge the Property Owner actual costs incurred by the City for such work. The City may bring legal action to collect the sums due as the result of expending public monies to maintain, repair and, if and when necessary, replace any Facilities which are the responsibility of the Property Owner as provided herein. The Property Owner acknowledges and agrees that the City may also pursue any and all other remedies available in law or equity in the event of a breach of the Property Owner's obligations and agreements set forth herein.
C. Property Owner waives any and all rights to in any way challenge, including by bringing a claim, cause of action, or demand, (1) the resumption of assessments by Zone QQ (2) thew amount of the special assessment levied by Zone QQ at any time subsequent to the default; and (3) the reasonable costs and expenses incurred by the City of maintaining the Facilities.
12. ASSIGNMENT BY CITY. The City shall have the right at its option to assign its rights and obligations under this Agreement to a municipal services district or other public agency without consent of the Property Owner.
13. AGREEMENT ATTACHES TO LAND AND BINDS PROPERTY OWNER'S SUCCESSORS AND ASSIGNS. This Agreement pertains to and runs with the Project Site in perpetuity (subject to Section 9 above), and shall be recorded against Project Site. This Agreement binds the assigns and successors -in -interest of the Property Owner, including any transferee of a fee interest in any lot located within Project Site. The City and its successors and assigns, in the event of any breach of this Agreement, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits inequity or other proper proceedings against the Property Owner or its permitted successors and assigns to enforce the curing of such breach.
14. ASSIGNMENT BY PROPERTY OWNER.
a. Assignment to Successor Property Owner. The Property Owner may assign its obligations under this Agreement to a successor Property Owner only with the prior written approval of the City. In connection with any such assignment, the Property Owner and its assignee, the successor Property Owner, shall execute and deliver to the City a written assignment and assumption agreement in a form acceptable to the City Attorney.
b. Assignment to Homeowners Association. The Property Owner may assign its obligations under this Agreement to the HOA only with the prior written approval of the City. In connection with any such assignment, the Property Owner and its assignee, the HOA, shall execute and deliver to the City a written assignment and assumption agreement in a form acceptable to the City Attorney. c. Release of Property Owner. Upon the City's acceptance of the written Assignment and Assumption Agreement between the Property Owner and a successor Property
Owner or HOA, Property Owner shall be relieved of the performance of any further duties or obligations under this Agreement arising after such assignment and the Property Owner shall be released from any further liability under this Agreement.
15. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:
To the Property Owner: Don/Michelle Bradley
36194 Highland Ave
Yucaipa, CA 92399
To the City: City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Attn: City Manager
16. MISCELLANEOUS.
a. Entire Agreement, Amendments. This Agreement contains the entire understanding and agreement of the parties. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement. b. Paragraph Headings. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning hereof.
C. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of San Bernardino, San Bernardino Justice Center.
d. Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the Parties. e. Exhibits. Any and all exhibits and schedules attached or to be attached hereto are hereby incorporated and made a part of the Agreement by reference. f. Severability. 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. g. Authority. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and
perform all of its obligations hereunder.
h. No Agency Relationship. Neither the Property Owner nor any of the Property Owner's agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of any of the Property Owner's obligations under this Agreement.
i. Attorneys' Fees and Costs. Either party may bring a lawsuit to enforce or require performance of the terms of this Agreement, and the prevailing party in such suit or proceeding shall be entitled to recover from the other party's reasonable costs and expenses, including attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first stated
above.
PROPERTY OWNER
Don/Michelle Bradley
0 CITY
CITY OF YUCAIPA, a municipal
corporation
Chris Mann, City Manager
ATTEST:
Name:
Name:
Ana Sauseda, MMC, Director of General Services City Clerk Date:
Date:
Exhibit A
Real Property Description
611012019
Assessor.
2• ` 1i
Proplrta
San Bernardino County - PIMS PDF Format
Property Information for Parcel 0321-1B1-30-0000 �-.
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Propter,y (Moir, Si. s) Owner and Mailing Ade-toss I e€€s=:tivt' ?ate 1 Protected per CA. Govt. Code Sect. 6294.21 JACKSON, MICHELLE OSj02/20I1 Protected per CA. Govt. Cade Sect 6254.21 I Protected per CA. Govt. Code Sect. 6254.21 Protected per CA. Gout. Code Sect. 6254.23
Current Owners
Name Rt..,�•-'"�/o Itst-y�Type Ac.,ui:-,Won Date � Document Date � inactive Date DlocusnenC Nbrs )ACK50N.,MICHE:.._ S,O iQQ,0000000 07j26J201i 07J2612011 NONE s2049G301547 Legal Description
j YUCAIPA BENSON SUB PINS LOTS 9 AND 10 BEG AT A PT ON -rrIE W LI SD LOT 9 5D PT BEING NO DEG 10 WNW i300 FT FROM PT OF INTERSECTION OF W LI SD LOT 10 AND N LI HIGHLAND AVE TH PARALLEL WITH N Lf SD LOT 9 tN 89 DEG 50 MINE 90 FT -H CONT N 89 DEG 501AIN 00 SECONDS E 31.39 FT TH N 17 DEG 0010(N 45 SECONDS E L t:em FT TH PARALLEL WITH N LI SD LOT 9 N 89 DEG 50 MIN 00 SECONDS E 221 FT TO BEG OF A CURVE i :CONCAVE NWLY HAVING A RAD OF 270 FT AND A RADIAL SEARING OF N 84 DEG 57 MIN 58 SECONDS W 7,1 SLNLY ,'ALG .ARC OF SD CURVE THRU A C.+A OF 35 DEG 30 PAIN 36 SECONDS 167.34 FT TO A REVERSING CURVE RAVING A� 'RAD OF 330 FT TH ALG ARC OF SD CURVE THRU CIA OF 44 DEG 50 MIN 44 SECONDS 258.29 FT MIL TO C1L OF I HIGHLAND AVE TH ALG SD CIL N 82 DEG 14 MIN 30 SECONDS E 110.32 FT TO AN ANGLE PT TH S 75 DEG 54 MIN E ;182.50 FT TO AN ANGLE PT TH N 67 DEG 20 htllJ E TOSW COR OF LAND CONVEYEDTO Ti IORNTON R KIVETT PER DEED RECORDED OCT 4 1951 BOOK 2633 PAGE 21 TH N ALG SD VI LI OF THE LAND SO CONVEYED TO KIVETT TO "NW GOR OF KIVETT PROPERTY SD COR BEING ON N LI OF LOT 9 TH S 89 DEG 50 MIN W ALG SD N LI OF LOT 9 TH :NW COR SD LOT TH S 0 DEG 10 MIN W 406 FT MIL TO POE,.
Legal Raason for Channa
E_elal P.eason for Cwage
J Docw r,,»nt Number
I Date
STR
I 20090114515
03/1812009
CCC
20010532056
11/21/2001
CCC
20010452831
10/03/2001
No Active Hox Exemptions as of 0611012019 were found
www.sbc aunty.govlassr_-sscrip ims/(S(nxtn41k2e4enyxdzyn4tbsrnm))/PIMSINTER FACE.ASPX 1J2