Item No.
AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Todd Gutjahr, Public Works Analyst
5 SUBJECT: Dormancy Agreement for Zone QQ — Landscape and Lighting District No. 1 RECOMMENDATION:
That the City Council
1. Adopt Resolution No. 2025-45 approving the Dormancy Agreement for Landscape and Lighting Maintenance District No. 1, Zone QQ; and
2. Authorize the Interim City Manager to execute the Dormancy Agreement and authorize the Interim City Manager or her 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 Tract Map No. 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 located 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 required Tract Map No. 16055 and Tract Map No. 16055-1 to be annexed into LLMD No. 1 as part of the entitlement process. Tract Map No. 16055 did not move forward and was not subdivided and recorded. For Tract Map No. 16055-1 the developer proposed to have the energy charges and maintenance costs for 1 streetlight, 1 drainage drywell, and 21,241 square feet of landscape area to be placed into LLMD No. 1. Since 2006, the three lots have been assessed, and funds have been collected for the energy charges and maintenance costs.
In 2016, consistent with the City's LLMD Administrative Policy, the owner of the three parcels included in Tract Map No. 10655-1, located at 36174 Highland Avenue requested and received a refund of a portion of the assessed and collected funds in the account for the Zone at that time, since the City had not assumed responsibility for the maintenance and the fund balance was accumulating for this Zone. In 2023, the owner requested the balance of the funds be returned 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 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 three parcels be sold, and the new property owners 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 future property owners wish to complete the submission, and the improvements are completed. Under the Agreement, the property owner is obligated to maintain the existing landscape area within this zone. The maintenance shall be at the sole expense of the property owner and shall be in compliance with the landscape plans on file with the City. Maintenance shall include, but not be limited to watering/irrigation, fertilization, mowing, trimming of trees and shrubs, and weed abatement.
FISCAL IMPACT:
The recommendations for this item do not result in a fiscal impact.
Attachments:
1. Resolution No. 2025-45
2. Zone QQ Dormancy Agreement
ATTACHMENT 1
RESOLUTION NO. 2025-45
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 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 2025-2026 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 Tract 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 No. 2006-19 is hereby 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 remaining funds held by the City will be refunded to the property owner.
Section 5.
Authorize the Interim City Manager to execute the Agreement and authorize the Interim City Manager or her 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 28th day of July, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
ATTACHMENT 2
Docusign Envelope ID: F073E352-6AAE-44D3-A465-85173DD33A70
LANDSCAPE LIGHTING MAINTENANCE DISTRICT
DORMANCY AGREEMENT
THIS FACILITIES MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of July 28, 2025 ("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:
1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to confine that the Property Owner is solely responsible for the maintenance, inspection, repair, safe operation, and, if necessary, replacement of the Facilities at their own expense. All work shall comply with the maintenance standards of the Yucaipa Municipal Code and any applicable laws. The Property Owner is not required to make improvements to the subject area; however, if they choose to do so, they assume full responsibility for all associated costs, maintenance, and compliance with relevant regulations. The City shall have no obligation to perform or fund any maintenance, repairs, replacements, or improvements related to the Facilities.
2. FACILITIES AS A BENEFIT. The Property Owners agree 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 and, if and when necessary, replace the Facilities identified in Exhibit "A" in order to ensure the attractive and healthy appearance of the landscaping, and the efficient operation of all of the Facilities, including paying any utility expenses associated with the Facilities.
4. 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.
Docusign Envelope ID: F073E352-6AAE-44D3-A465-85173DD33A70
5. 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.
6. 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. The use of the public rights -of -way require an Encroachment Permit from the City.
7. 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.
8. 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.
9. 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.
10. ASSIGNMENT BY PROPERTY OWNER.
a. Assigmnent to Successor Property Owner. In connection with any such
Docusign Envelope ID: F073E352-6AAE-44D3-A465-85173DD33A70 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.
11. 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:
To the City:
Don/Michelle Bradley
36194 Highland Ave
Yucaipa, CA 92399
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Attn: City Manager
12. 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
Docusign Envelope ID: F073E352-6AAE-44D3-A465-85173DD33A70 perfonn 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
By:
By:
DocuSigned by:
DM, ireatt.ti
f7rai
CITY
CITY OF YUCAIPA, a municipal
corporation
Don Bradley 6/27/2025
Name: Date:
Michelle Bradley
Name:
Jennifer Crawford, Interim City Manager
ATTEST:
Ana Sauseda, MMC, Director of General Services City Clerk Date:
6/30/2025
Docusign Envelope ID: F073E352-6AAE-44D3-A465-85173DD33A70 Exhibit A
Real Property Description
Docusign Envelope ID: F073E352-6AAE-44D3-A465-85173DD33A70 6/10/2019
Assessor..
Proplrfo
San Bernardino County - PIMS
Property Information for Parcel 0321-181-30-0000
PDF Format
HTML Formal
Parcel
Parcel
Statu;
'
I
Parcel
Type
Property
ID
Tax
St:tus
Use
Code
Land
Acces
i
iSi±eType
Land
Du:rIGrouprit
f?nsp
Fresp
0321181309000
A
0 I 1
SFR
PUB/PV
106 I
05 SAN BERNARDINO
D LRES
Property Address (Main Situs)
Protected per CA. Govt Cade Sect 6254.21
Protected per CA. Govt. Code Sect 6254.21
Ourner and Mal lino Address Effective Date
JACKSON, MICHELLE
Protec ed per CA. Govt. Code Sect. 6254.21
Protected per CA. Govt. Code Sect 6254.21
08/02/2011
Current Owners
Name
R/3 I.4.o Int
Type
Acquisition Date I Document Date
Inactive Date
Document Nbrs
JACKSON, MICHEI LE
52 100.0000000
0 07/26/2011 07/26/2011
NONE
120110301547 J
Legal description
1YUCAIPA BENSON SUB PTNS LOTS 9 AND 10 BEG AT A PT ON THE W LI SD LOT 9 SD PT BEING N DEG 16 W /300 FT FROM PT OF INTERSECTION OF W LI SD LOT 10 AND N LI HIGHLAND AVE TH PARALLEL WITH N LI SD LOT 9 N 69 DEG 50 MIN E 90 FT TH CONT N 89 DEG 50 MIN 00 SECONDS E 31.39 FT TH N 17 DEG DO MIN 45 SECONDS E 162.68 FT TH PARALLEL WITH N LI SD LOT 9 N 89 DEG 50 MIN 00 SECONDS E 221 FT TO BEG OF A CURVE CONCAVE NWLY HAVING A RAD OF 270 FT AND A RADIAL HEARING OF N 84 DEG 57 ININ 58 SECONDS W TH SWLY 1ALG ARC OF SD CURVE THRU A C/A OF 35 DEG 30 MIN 36 SECONDS 167.34 FT TO A REVERSING CURVE HAVING A !RAD OF 330 FT TH ALG ARC OF SD CURVE THRU C/A OF 44 DEG 50 MIN 44 SECONDS 258.29 FT M/L TO C/L OF ;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 2D MIN E TO SW COR OP LAND CONVEYED TO THORNTON R KIVETT PER DEED RECORDED OCT4 1951 BOOK 2833 PAGE 21 TH N ALG SD W LI OF THE LAND 50 CONVEYED TO KIVETT TO [NW COR OF K1VETT PROPERTY 5D COR BEING ON N LI OF LOT 0 TH S 69 DEG 50 MIN W ALG SD N LI OF LOT 9 TH 1NW COR SD LOT TH S O DEG 10 MIN W 406 FT MIL TO POB,
Legal Reason for Change
Legal Reason forCNange
Document Number
Date
STR
20090114515
03/18/2009
COC
20010532056
11/21/2001
SO(<
20610452831
10/03/2001
No Active Hox Exemptions as of 06/10/2019 were found
uehvw.sbcounly.gov/assesscripims/(S(hxtn4Ik2e4 enyxdzyn4tbsmm))/P6.1SINTER FACE.ASPX 1/2