Item No. 14
AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer EV- Landon Kern, Assistant City Engineer
SUBJECT: Amendment No. 6 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa RECOMMENDATION:
That the 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. 5; and
2) Approve and authorize the Interim City Manager to Execute Amendment No. 6 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa.
BACKGROUND/DISCUSSION:
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 environmental mitigation easements, preserving the property as open space and a passive public recreational area. This area is now the City's largest park and open space area, known as El Dorado Ranch Park, serving primarily as a conservation/environmental mitigation area for City construction projects.
Between 2010 and 2024, the City and the two conservancies have worked together to establish and record environmental mitigation easements, and to identify and record habitat restoration credits on remaining, eligible portions of property. This process has required complex coordination efforts with resource agencies, as well as detailed environmental reviews of the City's Capital Improvement Program (CIP) projects. Additional complexities have created scheduling challenges as a direct result of the COVID-19 pandemic, El Dorado fire, and subsequent flooding and debris flows that have impacted El Dorado Ranch Park and other areas within the City. In order to accommodate the timelines and to maintain the intent of the MOU and Amendment No. 1, City staff coordinated with the two conservancies to execute Amendments 2 through 5 to the MOU, which provided for additional time to
record the specific project related permanent environmental mitigation easements, and set a new target to execute and record a conservation easement for the remainder of the property by December 31, 2024.
City staff and the two conservancies agreed to take additional time beyond the 2024 target date to evaluate and determine the best approach for an amendment to set feasible timeframes for the remaining conservation easements. Multiple meetings were held in 2025 with City staff, the two conservancies, and other parties such as the Inland Empire Resource Conservation District (IERCD). These meetings focused on an evaluation of the overall development of the El Dorado Ranch Park, as well as anticipated timelines for the remaining easements that remain to be recorded. The proposed Amendment No. 6 was developed through these meetings, and would establish a new target date for the conservation easement over the approximate 96 acre portion of the Property. It also provides for additional time to record future, project specific mitigation easements that are required for CIP projects such as the Wilson III Basin Project.
With this timeline for future projects in mind, the following language has been proposed in Amendment No. 6:
1) By September 30, 2026, the City shall record a conservation easement in favor of The Wildlands Conservancy ("Wildlands Conservation Easement") over APN 0321-121-44 (approximately
96.22 acres), except for an approximately seven -acre area which the City seeks to use to mitigate environmental effects of future City projects ("Future Mitigation Area"). The Parties agree that the Wildlands Conservation Easement will be amended to include the Future Mitigation Area as soon as reasonably possible after the City completes recordation and entitlement of mitigation conservation easements to mitigate environmental effects of future City projects.
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 Yucaipa be reinstated with the proposed Amendment No. 6 of the MOU. The proposed amendment also includes the provision for additional time to record a final conservation easement over the remainder portion of the Property, and an approximate 7 acre area for a project specific easement that will require additional environmental analysis prior to recordation.
FISCAL IMPACT:
The recommendations do not result in a fiscal impact.
Attachment:
1. MOU with Wildlands/Yucaipa Valley Conservancies
2. Amendment No. 5
3. Proposed Amendment No. 6
4. El Dorado Mitigation Sites Exhibit
Approved by:
ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
REGARDING
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY THIS MEMORANDUM OF UNDERSTANDING, dated 13\ alp , 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.
d
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 an- 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
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.
7. 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.
Memorandum of Understa�iti'ing
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
YUCAIPA VALLEY CONSERVANCY
By: By:
Dick Riddell, Mayor
ATTEST:
nd, City Clerk
APPROVED AS TO FORM:
By:
Michael Estrada, Interim City Attorney
October 21, 2009
WILDLANDS CONSERVANCY
B
3 ATTACHMENT 2
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, 20 5, Amendment No. 4 on August 13, 2018, is made as of May 9, 2022 ("Effective Da e"), by and between the City of Yucaipa, a Califomia municipal corporation ("City"), the Yucaipa Valley Conservancy, a California non-profit pub ic benefit corporation ("Yucaipa Valley Conservancy"), and The Wild ands Conservancy, a Ca ifornia non-profit pub ic benefit corporation ("Wildlands Conservancy" , co ective y referred to herein as the "Parties".
WHEREAS, the Parties previous y entered into that certain MOU regarding the conveyance of approximate y 334.5 acres of and (APNs: 0321-111-03 and 0321-121-44) from the Yucaipa Valley Conservancy to the City for the ong-term preservation of the property as open space and recreational and (the "Property"); and
WHEREAS, approximate y 238.28 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildands Conservancy, recorded on December 28, 998; and
WHEREAS, the Yucaipa Va ey Conservancy conveyed the Property to the City by Gran Deed on March 26, 20 0 ("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, 20 0; and
WHEREAS, to the exten possib e, City seeks to mitigate environmental effects of future City projects by executing and recording a series of conservation easemen s 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 rep ace Section 2(e) as set forth in Amendment Nos. I, 2, 3, and 4.
NOW, THEREFORE, in consideration of the foregoing recita s and for other good and va uab e consideration, the adequacy of which is hereby acknow;edged, the Parties agree as follows:
Section 2(e) of the MOU is hereby amended in its entirety to read as fo ows:
"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 reporting 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 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 YUCAIPA VALLEY CONSERVANCY municipal corporation.
David Avila
Mayor
Jennifer Crawford
Assistant City Manager/City Clerk
APPROVED AS TO FORM:
David Snow
City Attomey
3 By: Q s-.
96-
Name: 1 aa c
Title: R('2 S c a e iti/C-
ATTEST: WILDLANDS CONSERVANCY
By:
Name: Frazi Hane
Y
Title: Executive Director
By: --
Name: David Myers
Title: President
ATTACHMENT 3
AMENDMENT NO. 6 TO MEMORANDUM OF UNDERSTANDING REGARDING
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 6 ("Amendment No. 6") 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, and Amendment No. 3 on August 24, 2015, and Amendment No. 4 on August 13, 2018, and Amendment No. 5 on May 9, 2022 ("Amendment No. 5"), is made as of December 8, 2025 ("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 environmental effects of 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 Nos. 1, 2, 3, 4, and 5.
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\1858163v1.doc
As needed to mitigate the effects of 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 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 Yucaipa Valley Conservancy. 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, 2026, the City shall record a conservation easement in favor of The Wildlands Conservancy ("Wildlands Conservation Easement") over APN 0321-121-44 (approximately
96.22 acres), except for an approximately seven -acre area which the City seeks to use to mitigate environmental effects of future City projects ("Future Mitigation Area"). The Parties agree that the Wildlands Conservation Easement will be amended to include the Future Mitigation Area as soon as reasonably possible after the City completes recordation and entitlement of mitigation conservation easements to mitigate environmental effects of future City projects.
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. 6 is intended to supercede and replace Amendment No. 5. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment No. 6, the terms and conditions of this Amendment No. 6 shall prevail and control.
3. Entire Agreement. The MOU, together with this Amendment No.6, 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. 6 by email shall be equally effective as delivery of a manually executed counterpart of this Amendment No. 6. This Amendment No. 6 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. 6 are for convenience and ease of reference only and shall not affect the interpretation of the Amendment No. 6.
6. Authority to Sign. The person or persons executing this Amendment No. 6 on behalf of each of the parties warrants and represents that he or she has the authority to execute 2 10070-0001\1858163v1.doc
this Amendment No. 6 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
[Signatures Begin on Next Page]
3 10070-0001\1858163v1.doc
IN WITNESS WHEREOF, the parties have signed this Amendment No. 6 as of the Effective Date stated in the introductory clause.
CITY OF YUCAIPA, a California
municipal corporation
By:
Jennifer Crawford
Interim City Manager
YUCAIPA VALLEY CONSERVANCY
By:
Name: j� }v
Title: 9 ceS c, c ,-(- v U. co.-. V Ctilley Cpn�
ATTEST: WILDLANDS CONSERVANCY
Ana Sausedo, MMC
Director of General Services/City Clerk
By:
Frazier Hane
Executive Director
APPROVED AS TO FORM: WILDLANDS CONSERVANCY
Steven Graham
City Attorney
10070-0001\1858163v1.doc
By:
Jennifer Francis
Chief Financial Officer
4 ACKNOWLEDGMENT
A notary public or other officer completing this
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attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of S % e r t^ A,rol l ►& O )
On Dc o Dana Rochat, Notary Public
-�- � 3 t � �a5' before me,
(insert name and title of the officer)
personally appeared e,r 1-64AA hi Icv FraNe/S
who proved to me on the basis of satisfactory eOidence to be the person(s) whose name(s)-e/are subscribed to the within instrument and acknowledged to me that4e/she/they executed the same in hi414er/their authorized capacity(ies), and that by der/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ia/144 (Seal)
DANA ROCHAT
San Bernardino County
Notary Public • California
Commission k 2433200
My Comm. Expires Jan 30, 2027
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
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County of31.44 /� 60G1,4-/4.-e7
On //Ai 7_O?
/ Date
personally appeared
before me, / / /P/A �.h��L ,
ere Insert Name and Title of the'Ofcer
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person( whose name(p' is/a e, subscribed
to the within instrument and acknowledged to me that tie/she/th,�y execu d the same in Vs/her/thfir authorized capacity(i 1), and that by Fpi /her/their signatureV) on the instrument the person, or the entity upon behalf of which' person acted, executed the instrument. �^.� ANA V. SALSEDA
,
e Notary Public - California
- San Bernardino County
Commission # 2494205
My Comm. Expires Jul 11, 2028
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
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Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
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©2018 National Notary Association
AMENDMENT NO. 6 TO MEMORANDUM OF UNDERSTANDING REGARDING
PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 6 ("Amendment No. 6") 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, and Amendment No. 3 on August 24, 2015, and Amendment No. 4 on August 13, 2018, and Amendment No. 5 on May 9, 2022 ("Amendment No. 5"), is made as of December 8, 2025 ("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 environmental effects of 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 Nos. 1, 2, 3, 4, and 5.
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 \ 185 8163v 1.doc
As needed to mitigate the effects of 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 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 Yucaipa Valley Conservancy. 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, 2026, the City shall record a conservation easement in favor of The Wildlands Conservancy ("Wildlands Conservation Easement") over APN 0321-121-44 (approximately
96.22 acres), except for an approximately seven -acre area which the City seeks to use to mitigate environmental effects of future City projects ("Future Mitigation Area"). The Parties agree that the Wildlands Conservation Easement will be amended to include the Future Mitigation Area as soon as reasonably possible after the City completes recordation and entitlement of mitigation conservation easements to mitigate environmental effects of future City projects.
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. 6 is intended to supercede and replace Amendment No. 5. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment No. 6, the terms and conditions of this Amendment No. 6 shall prevail and control.
3. Entire Agreement. The MOU, together with this Amendment No.6, 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. 6 by email shall be equally effective as delivery of a manually executed counterpart of this Amendment No. 6. This Amendment No. 6 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. 6 are for convenience and ease of reference only and shall not affect the interpretation of the Amendment No. 6.
6. Authority to Sign. The person or persons executing this Amendment No. 6 on behalf of each of the parties warrants and represents that he or she has the authority to execute 2 10070-0001\1858163v1.doc
this Amendment No. 6 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
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3 10070-0001\1858163v1.doc
IN WITNESS WHEREOF, the parties have signed this Amendment No. 6 as of the Effective Date stated in the introductory clause.
CITY OF YUCAIPA, a California
municipal corporation
By:
Jennifer Crawford
Interim City Manager
ATTEST:
Ana Sausedo, MMC
Director of General Services/City Clerk
YUCAIPA VALLEY CONSERVANCY
By:
Name:
Title:
P . �� ► C rt., UOft4
WILDLANDS CONSERVANCY
By:
Frazier Haney
Executive Director
APPROVED AS TO FORM: WILDLANDS CONSERVANCY
Steven Graham
City Attorney
By:
Jennifer Francis
Chief Financial Officer
4 10070-0001\1858163v1.doc
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of 5 owe 5 w n a,,,rO,ivw
On Dc'%"o toe.,- ,3 I I Zv 2-6-
before me,
Dana Rochat, Notary Public
(insert name and title of the officer)
personally appeared Fra 2 i u- f-{a H a vt d 'Cc"r Fret cis who proved to me on the basis of satisfactory ebidence to be the person(s) whose name(s).ie/are subscribed to the within instrument and acknowledged to me that Ike/they executed the same in his/hor/their authorized capacity(ies), and that by #)slier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature / O (Seal)
DANA ROCHAT
Notary Public - California
San Bernardino County
Commission N 2433200
My Comm. Expires Jan 30, 2027
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califor
County of ,�is?
U
On ///`/ 2Pbefore me,
Date
personally appeared
1 Here 1,niseft Nam and Title of th fficer
X0Seit4A-#7;* (h i-
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose names is/a3h subscribed to the within instrument and acknowledged to me that V/she/thp'y executed the same in h &her/thir authorized capacity(ie4), and that by Ibis/her/th{r signature j on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument.
ANA V. SAUSEDA
Notary Pubdc • California Z`
San Bernarcino County
Commission g 2494205
My Comm. Expires Jul 11. 2028
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hard /and official seal.
Signatur
OPTIONAL
gnature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
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Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited 0 General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
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❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
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Signer is Representing:
©2018 National Notary Association
ATTACHMENT 4
0321-111-03
238.28 Acres
Wildwood Basins
Designated Mitigation Area: 4.0 Acres
0321-121-44
96.22 Acres
0321-121-
10.78 Acres
Five Winds
I Ranch
3rd Street LWC
Waters of the State: 0.6 Acre
Transit Center Phase II
Waters of the State: 1.3 Acres
Future Wilson III Basin
Waters of the State: 7.0 Acres
6th Place LWC
Waters of the State: 0.36 Acre
10 Acres
Designated for
Future
Development
Avenue D and 13th Street LWCs
Waters of the State: 4.4 Acres
El Dorado Ranch Park
48.5 Acres
El Dorado - Restroom and
Parking Lot Improvements
Legend
1 : J El Dorado Ranch Park
Parcel Boundary/APN
QRecorded Conservation Easements
EnEl Dorado Ranch Park Improvements
r Avenue D at Wilson Creek LWC and 13th
I Street at Wilson Creek LWC Conservation
Easement
Transit Center Phase II
1.1 3rd Street at Wildwood Creek LWC
Conservation Easement
Wildwood Basins Conservation Easement
6th Place at Wildwood Creek LWC
Conservation Easement
Future Wilson III Basin
ITExisting Conservation Easement
N.T.S.
El Dorado Ranch Park Mitigation Sites