Yucca Valley City Council
September 15, 2026

TOWN OF YUCCA VALLEY

TOWN COUNCIL MEETING
The Mission of the Town of Yucca Valley is to
provide a government that is responsive to its citizens to ensure a safe and secure environment
while maintaining the highest quality of life.

TOWN COUNCIL: 5:00 PM
TUESDAY, SEPTEMBER 15, 2026
Closed Session 4:30 p.m.

Town Hall Conference Room
57090 Twentynine Palms Hwy
Yucca Valley, Ca 92284
Regular Meeting 5:00 p.m.

Yucca Valley Community Center - Yucca Room
57090 Twentynine Palms Hwy
Yucca Valley, Ca 9228
Join Zoom Meeting
https://zoom.us/j/95086681510?pwd=MUdvGqtwqe2bmQgLRXPCiqJzSiDaIO.1 Meeting ID: 950 8668 1510 Passcode: 785108 Telephone: (669) 444-9171 Use the above link to access the meeting virtually. Participants will be automatically muted upon entry. During the meeting, participants may “raise their hand” or notify the meeting moderator when they wish to make a public comment. Telephone participants may press *9 to raise their hand and *6 to unmute when called upon; additional instructions will be provided during the meeting as needed.

Public comment is limited to three (3) minutes per speaker, or as otherwise directed by the Mayor/Chair.

In the event of technical difficulties resulting in a loss of connectivity or disruption to virtual streaming, pursuant to Government Code Section 54953.4 and SB 707, the Town will make a good faith effort to restore public access. No action will be taken on agenda items during the disruption. If access cannot be restored, the meeting will be recessed for at least one hour or until access is restored, in accordance with Government Code Section 54953.4. * * * *
Town Council
Merl Abel, Mayor
Jim Schooler, Mayor Pro Tem
Rick Denison, Council Member
Jeff Drozd, Council Member
Robert Lombardo, Council Member
* * * *
TOWN ADMINISTRATIVE OFFICE:
760-369-7207
Public Comments: [email protected]
www.yucca-valley.org

2 | P a g e
AGENDA

MEETING OF THE TOWN COUNCIL
TUESDAY, SEPTEMBER 15, 2026, 5:00 PM
The Town of Yucca Valley complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the Town Clerk’s Office at (760) 369-7209 at least 48 hours prior to the meeting
The meeting agenda packet is available for public view in the Town Hall lobby and on the Town’s website at www.yucca-valley.org prior to the meeting. For more information on an agenda item or the agenda process, please contact the Town Clerk’s office at (760) 369-7209 ext. 226.

If you wish to comment on any agenda item or on any subject not on the agenda during public comments, please fill out a request to speak card and give to the Town Clerk/Commission Secretary.

Comment time is limited to 3 minutes.

Where appropriate or deemed necessary, action may be taken on any item listed in the agenda.

OPENING CEREMONIES:

Closed Session

1. The Town Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.

Call to Order
Roll Call
Council Members Denison, Drozd, Lombardo, Schooler, and Mayor Abel Pledge of Allegiance
Invocation
Presentations, Introductions, Recognitions

2. Presentation – San Bernardino County Fire District Update presented by Assistant Chief Villarino
Approval of Agenda

3. Agenda Approval
Recommendation:

Approve the meeting agenda as prepared.

Consent Agenda
All items listed on the consent agenda are routine matters or formal documents covering previous Town Council instruction. Items are enacted by one motion and a second without separate discussion unless a member of the Town Council or Town Staff requests dialog on a

3 | P a g e
specific item at the beginning of the meeting. Requests for public comment on the consent agenda items should be filed with the Town Clerk.

4. Minutes
Recommendation:

Approve the meeting minutes of Tuesday, September 1, 2026 as presented.

5. Ratification of Warrant Registers
Recommendation:

Ratify the Payroll Register totaling $343,590.10 dated August 14, 2026, and $336,634.56 dated August 28, 2026. Ratify the Warrant Register totaling $5,187,311.80 for the period of August 01, 2026, through August 31, 2026.

6. AB1234 Reporting Requirements
Recommendation:

Receive and file the AB1234 Reporting Requirement Schedule for the month of August 2026.

7. Rejection of Claim
Recommendation:

Reject one Claim filed against the Town of Yucca Valley submitted on July 2, 2026 by Rebecca Sullivan.

8. Ordinance 335- Second Reading- Amending Chapter 5.40, Temporary Short Term Vacation Rental Permits
Recommendation:

Adopt Ordinance 335 entitled:

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, REPEALING AND RESTATING IN ITS ENTIRETY CHAPTER 5.40,

TEMPORARY SHORT TERM VACATION RENTAL PERMIT

9. Termination of Lease Agreement with Morongo Unified School District for the Yucca Valley High School Swimming Pool
Recommendation:

Receive and File the report of Termination of Lease Agreement with Morongo Unified School District for the Yucca Valley High School Swimming Pool.

10. Authorization to Release Request for Proposal for Landscape Maintenance Services Recommendation:

Authorize the release of Request for Proposal, subject to minor modifications, for Landscape Maintenance Services along State Route 62 (SR 62) median islands, outer highway segments, Town median islands, Town facilities and parks.

11. Town Project No. 4100 : Yucca Valley Community Center Athletic Facilities Project — Phase 1, Notice of Completion

4 | P a g e
Recommendation:

Accept the project as substantially complete, authorize staff to file the Notice of Completion, authorize the reduction of the Faithful Performance Bond to 10%, and direct staff to retain the Labor and Material Bond for six (6) months for Project No. 4100.

Department Reports

12. 2026-27 Youth Commission Appointments
Recommendation:

Appoint the applicants recommended by the Parks, Recreation and Cultural Commission to the 2026-27 Youth Commission, waiving the twenty-person limit, and authorizing the Parks, Recreation and Cultural Commission to review future applications and make subsequent appointments on behalf of the Council.

13. Town Fleet Program Update
Recommendation:

Receive and File the Report.

14. ERP Implementation Project and WorkDay Subscription Agreement Recommendation:

1. Authorize the Town Manager to execute the Workday Universal Main Subscription Agreement, Public Sector Addendum and Order Form No. 00580775.0 for a ten-year subscription term from September 18, 2026 through September 17, 2036, in a total amount not to exceed $1,357,596.

2. Authorize the Town Manager to execute the ERP Analysts, Inc. (ERPA) Master Services Agreement and Workday implementation Statement of Work for a total amount not to exceed $674,167.

3. Authorize the Town Manager to execute a revised ERPA customer-side project management and staff augmentation Statement of Work for a 12- month term and an amount not to exceed $144,000.

4. Authorize a FY 2026-27 budget amendment of $1,050,000 to the ERP Implementation Project account from the Capital Project Reserve Fund 800 for a total implementation budget of $1,500,000 for contract, subscription, and allowance costs through FY2028 as identified in Exhibit A.

5. Authorize the Town Manager, or designee, to approve project change orders and ancillary expenditures within the Council-approved project budget and an aggregate contingency limit of $150,000, provided that no action increases the total project budget or materially changes the approved scope without further Council authorization.

Future Agenda Items
Public Comments

5 | P a g e
The Town Council takes this time to consider your comments on items of concern which are not on the agenda. When you are called to speak, please state your name and community of residence. Please limit your comments to 3 minutes or less. Inappropriate behavior which disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting will result in forfeiture of your public comment privileges. The Town Council is prohibited by State law from taking action or discussing items not on the printed agenda.

Staff Reports and Comments
Mayor and Council Member Reports and Comments
Council Member Denison
Council Member Drozd
Council Member Lombardo
Mayor Pro Tem Schooler
Mayor Abel
Announcements
Upcoming Meeting Schedule: The next regular meeting of the Yucca Valley Town Council will be held on Tuesday, October 6, 2026 at 5:00 PM in the Yucca Valley Community Center Yucca Room.

Town of Yucca Valley
Town Council Meeting Minutes
September 1, 2026
Call to Order
Mayor Abel called the meeting to order at 5:00 PM.

Roll Call

Present: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo

Absent:

Pledge of Allegiance
Pledge of Allegiance led my Councilmember Lombardo.

Invocation
Invocation led by Mayor Abel.

Presentations, Introductions, Recognitions
None presented.

Approval of Agenda

1. Agenda Approval
Motion:

Approve the agenda as prepared.

Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Mayor Pro Tem Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Consent Agenda

2. Minutes
Motion:

Approve the meeting minutes of Tuesday, August 18, 2026 as presented.

Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo

3. Administrative Policy update - Claims Against the Town Motion:

Approve the review and summary of the revision of the Town's Administrative Policy.

Result: (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo

4. Town 2026 & 2027 Holiday Decorations - Shine Creations Agreement Motion:

Approve a two-year agreement with Shine Creations to provide Town holiday decorations for 2026 and 2027 and direct the Town Manager to sign the agreement on its behalf.

Result: (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo

5. Ratification of Real Property Donation Agreement for APN 0595-162-08-0000 – San Bernardino County Fire Station 41
Motion:

Ratify the Real Property Donation Agreement between the Town of Yucca Valley (“Donor”) and the San Bernardino County Fire Protection District (“Donee”) for the conveyance of APN 0595-162-08-0000 (Fire Station 41 site), which was previously approved with an incorrect Assessor’s Parcel Number; and Authorize the Town Manager, or designee, to execute all documents necessary to complete the conveyance and related escrow and recording actions, and to make non-substantive revisions as necessary.

Result: (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo

6. Fleet Vehicle Purchase Confirmation
Motion:

Receive and file the confirmation of the Fleet Vehicle Purchase.

Result: (Yes 5, No 0, Abstained 0)

Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Department Reports

7. Spring/Summer 2026 Community Services Programs Update Community Services Manager Earnest introduced Museum Supervisor Hilderbrand, Administrative Assistant Cuna, Recreation Coordinator Jones, Recreation Supervisor Kusmieruk, and Aquatics Manager Powell, who provided the Town Council with an update on Spring/Summer 2026 Community Services programs and services, including senior center, museum, recreation, and aquatics programming.

Mayor Abel opened the public comment period. With no members of the public wishing to speak, the public comment period was closed.

Councilmembers expressed appreciation for the presentation and Community Services staff, noting increased program participation, the variety of activities available to the community, and the positive impact of the programs on the quality of life in Yucca Valley. Councilmembers also expressed enthusiasm for the continued development of Community Services programs and facilities.

No action was taken.

8. Ordinance, Amending Chapter 5.40, Temporary Short Term Vacation Rental Permits, and Resolution, Establishing Nuisance Response Plan Amendment Fee Mayor Abel and Councilmember Drozd recused themselves from the item and left the Council Chambers.

At the request of Mayor Pro Tem Schooler, Senior Planner Jerome provided a presentation introducing the proposed ordinance amending Chapter 5.40, Temporary Short-Term Vacation Rental Permits, and the resolution establishing a Nuisance Response Plan Amendment Fee.

Mayor Pro Tem Schooler opened the public comment period.

Tim Humphreville, Yucca Valley, spoke in support of the proposed changes and requested an annual report regarding the program. He also expressed concerns regarding the impacts of short-term vacation rentals on neighborhood conditions and density.

Alex Fenner, Yucca Valley, expressed concerns regarding the concentration of shortPage 8 of 477 term vacation rentals in residential neighborhoods and the impacts of noise, parties, lighting, and neighborhood character.

With no other members of the public wishing to speak, the public comment period was closed.

Councilmembers thanked the members of the public for their comments and discussed the importance of reviewing the short-term vacation rental regulations on a regular basis, maintaining neighborhood quality of life, addressing lighting concerns, and considering potential approaches to short-term vacation rental density.

Deputy Town Manager Stueckle indicated that staff could return to the Council with options for addressing density concerns for further discussion.

Motion:

Find this item exempt from the California Environmental Quality Action pursuant to CEQA Guidelines Section 15378, as the proposed amendments are not a project under CEQA because they will not cause a “direct physical change in the environment” or a “reasonably foreseeable indirect physical change in the environment” because they do not authorize any specific development activity; and Adopt Resolution 26-31, establishing a Nuisance Response Plan Amendment Fee of $200.00 for administrative costs in connection with processing changes to nuisance response plans; and Introduce Ordinance 335.

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, REPEALING AND RESTATING IN ITS ENTIRETY CHAPTER 5.40,

TEMPORARY SHORT TERM VACATION RENTAL PERMIT
Result: Passed (Yes 3, No 0, Abstained 2)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Rick Denison, Jim Schooler, Robert Lombardo

9. Western Joshua Tree Legislative Update
Town Manager Yakimow provided the Town Council with an update regarding Western Joshua Tree legislation and related legislative efforts.

Mayor Abel opened the public comment period.

Tim Humphreville, Yucca Valley, commented on the Western Joshua Tree permitting process and encouraged continued efforts regarding infill development and setback requirements.

Debra Savitt, Yucca Valley, expressed support for protecting Western Joshua Trees and encouraged a reasonable and affordable permitting process.

With no other members of the public wishing to speak, the public comment period was closed.

Councilmembers expressed appreciation for the public comments and discussed the importance of protecting Western Joshua Trees while addressing impacts to property rights, infill development, permitting costs, and the overall regulatory process.

Councilmembers expressed support for continued legislative efforts and collaboration with state and federal representatives, environmental organizations, and the community.

Town Manager Yakimow noted that the legislation being considered is an urgency bill and, if enacted, would take effect immediately. He emphasized the importance of continued collaboration among wildlife agencies, legislators, environmental organizations, and the community.

No action was taken.

Future Agenda Items
None presented.

Public Comments
Mayor Abel opened the public comment period.

Allie Irwin, Joshua Tree, requested consideration of a future agenda item regarding proposed regulations concerning rodeo equipment and practices.

Brenda Calvillo, Twentynine Palms, spoke in support of considering regulations concerning rodeo equipment and practices.

Ian Tang, Yucca Valley, expressed concerns regarding the Town’s Flock camera system and related privacy and civil liberties issues.

Pauline Pasino, Yucca Valley, spoke regarding community concerns with the Flock camera system and requested that the Town consider ending the contract.

Caroline Havens, Morongo Valley, requested consideration of a future agenda item regarding rodeo equipment and practices.

Corbett Brattin spoke in support of establishing standards regarding rodeo equipment and animal handling practices.

With no other members of the public wishing to speak, the public comment period was closed.

Mayor Abel thanked the members of the public for their comments and participation.

Staff Reports and Comments
Captain Scovel provided information regarding the 46th Annual Desert Run, an approximately 20- to 25-mile OHV loop and poker run, with prizes following the event.

Town Manager Yakimow thanked those who participated in the pickleball ribbon-cutting event and provided a reminder regarding back-to-school safety.

Mayor and Council Member Reports and Comments
Mayor Pro Tem Schooler had no further comments.

Councilmember Drozd thanked members of the public for their comments.

Councilmember Denison thanked the Mayor and members of the public for their participation and expressed hope for continued legislative progress.

Councilmember Lombardo thanked those in attendance and commented on the recent pickleball ribbon-cutting event.

Mayor Abel reminded the public of the Wednesday Farmers Market.

Announcements
Mayor Abel announced that the next regular meeting of the Yucca Valley Town Council will be held on Tuesday, September 15, 2026, at 5:00 PM in the Yucca Valley Community Center, Yucca Room.

Mayor Abel adjourned the regular meeting to closed session at 06:52 PM.

Respectfully Submitted,
Brooke Dudra
Town Clerk

Item: 5.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Staff Accountant, Jordan Gumbish, Finance Manager Date: August 11, 2026
Meeting Date: September 15, 2026
Subject: Ratification of Warrant Registers
Recommendation:

Ratify the Payroll Register totaling $343,590.10 dated August 14, 2026, and $336,634.56 dated August 28, 2026. Ratify the Warrant Register totaling $5,187,311.80 for the period of August 01, 2026, through August 31, 2026.

Prior Review:

None for this item.

Discussion:

The attached Warrant Registers lists the warrants that have been paid for the periods identified above. The Finance Department certifies that to the best of staff’s knowledge and review, the listed warrants were drawn in payment of demands conforming to the adopted budget and that these demands are being presented to the Town Council for ratification.

Alternatives
None for this item.

Fiscal Impact:

The warrants presented were drawn in payment of demands included within the adopted budget.

Attachments

1. Payroll Register - August 14, 2026

2. Payroll Register - August 28, 2026

3. Warrant Register August 2026

Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 8/01/2026 to 8/31/2026
EFT Mission Square 8/07/2026 3,015.14
EFT Lincoln 457 (Payroll) 8/07/2026 2,906.07
EFT PARS 8/07/2026 3,063.93
0066885 AIS 8/14/2026 08/26 Copy Charges per Lease 816.65 0066886 ALL THE KINGS FLAGS 8/14/2026 Town, US & State Flags Supplies 1,026.51 0066887 GREGORY ALLEN REX 8/14/2026 Invoices 11744, 11799 1,352.00 0066888 AVALON URGENT CARE
INC
8/14/2026 Medical Fees 70.00
0066889 Lara Bennett 8/14/2026 Invoices Jul-26, Jul-26 Adult Ballet, Jul-26 Barre Fusion Pilates, Jul-26 Dance Fundamentals, Jul-26
Intro to Gymnastics, Jul-26 Kids Rhythm+Bop, Jul-26
658.60
0066890 BSN Sports 8/14/2026 Rear Mount Backboards and Goa for Basketl 4,722.50 0066891 Castrol Premium Lube &
Smog Express
8/14/2026 Vehicle Maintenance Service 93.33
0066892 LESLEY COPELAND 8/14/2026 Reimbursement for monthly medical insurance cost, August 2026
1,758.06
0066893 COPPER MOUNTAIN

COLLEGE
8/14/2026 2026 Summer Clinic Gym Rental 1,440.00
0066894 Regina Costello 8/14/2026 Contracted Instructor, Belly Dance Class 44.10 0066895 DATA TICKET INC 8/14/2026 06/26 Code Enforcement Processing 418.00 0066896 Eddies Inflatable Rentals
LLC
8/14/2026 Out of This World Special Event 490.00
0066897 Employment
Development Department
8/14/2026 UI Benefit Charges, account ID 932-0490-7, 04- 06/2026
2,690.00
0066898 EWING IRRIGATION

PRODUCTS INC
8/14/2026 Irrigation Maintenance Supplies 1,747.01
0066899 FEDEX 8/14/2026 Invoices 9-402-57462, 9-412-62357 190.41 0066900 First American Data Tree,
LLC
8/14/2026 Monthly Subscription for Property Info Website 100.00 0066901 Frazier Pest Control, Inc. 8/14/2026 Invoices 274203, 274204 469.00 0066902 Karen Gladis 8/14/2026 Invoices Jul-26 Adult Ballet, Jul-26 DM Adult, Jul-26 DM Youth, Jul-26 Intro to Gemnastics, Jul-26
Tumblin' Tots
262.50
0066903 Gold Mountain California
News Media, Inc.
8/14/2026 Invoices 70092, 70093, 70094, 70095, 70141 4,827.84 0066904 GUY WULF 8/14/2026 Invoices 072326, 072826 , 072926 , 073026 , 080426
525.00
0066905 HAJOCA CORPORATION 8/14/2026 Facilities Mantenance Supply 1,271.76 0066906 HDL COREN & CONE 8/14/2026 FY25/26 ACFR Statistical Package 795.00 0066907 Hi-Desert Water District 8/14/2026 Water Supply Service 74,396.61 0066908 Hi-Desert Water District 8/14/2026 01-03/2026 Measure Z Pass Thru 689,995.48 0066909 KCDZ-FM 8/14/2026 Invoices 998-00033-0004, 998-00033-0006 1,240.00 0066910 KK RENTS, LLC 8/14/2026 Scissor Lift to Install WiFi @ComCenter 306.10 0066911 Janie Long 8/14/2026 Contracted Instructor, Senior Programming 50.00 0066912 Meilani MacDonald 8/14/2026 Contracted Instructor, Arts and Crafts Club 56.70 0066913 Victoria Montgomery 8/14/2026 Contracted Instructor, Stretch "N" Tone Class 60.90 0066914 MORONGO UNIFIED

SCHOOL DISTRICT
8/14/2026 07/26 Fleet Fuel 4,401.92
0066915 Ontario Spay and Neuter
Inc.
8/14/2026 Invoices 285034, 285188, 285343 2,828.50
0066916 Alexandra Kiral 8/14/2026 Phase 1: Brainstorming and Planning Scent Production
450.00
0066917 PRO SECURITY
SYSTEMS, INC.
8/14/2026 Invoices 25101, 25136, 25137, 25138 529.00
0066918 Quadient Finance USA
Inc.
8/14/2026 Postage 3,200.00
0066919 Quadient Inc. 8/14/2026 Annual Overage for eCertify mail 67.20 0066920 Robert Hernandez 8/14/2026 2026 Summer Music Festival, Concert 08.08.2026., Reissue
3,000.00
0066921 SBCO RECORDER 8/14/2026 Invoices 26-160979, 26-168771, 26-176852 120.00 0066922 Penny Lee Shadwick 8/14/2026 Contracted Instructor, Knit and Crochet Class 54.60

Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 2
Warrant Register from 8/01/2026 to 8/31/2026
0066923 The Murder Mystery
Company
8/14/2026 Murder Mystery Dinner 2,599.00
0066924 UniFirst Corporation 8/14/2026 Invoices 2200427599, 2200430370 472.63 0066925 United States Treasury 8/14/2026 Arbitrage Rebate and Yield Reduction; 33-0490145 1,009,133.07 0066926 Vanwagoner's General
Building and Construction
8/14/2026 Refund for CWMP for BP2025-759@7679 Jemez Tr 500.00 0066927 VCA Yucca Valley Animal
Hospital
8/14/2026 Invoices 5563706452, 5563707469, 5563707572,
5563707709, 5563707783, 5563707870
1,260.28
0066928 Western Museum
Association
8/14/2026 Membership Renewal 100.00
EFT WEX Bank 8/14/2026 Fuel 3,477.94
EFT CSC/Home Depot 8/14/2026 Credit Card 6,110.06
EFT Parkers Building Supply 8/14/2026 Credit Card 906.31 EFT TPx Communications 8/14/2026 Phone Service 5,054.99 EFT SCE 8/14/2026 Electric Service 26,234.40
EFT Electryon Tech LLC 8/14/2026 Internet Service 129.00 EFT Alliant Insurance Services
Trust Account Newport
8/14/2026 Invoices 01-03/2026, 04-06/2026, 07-09/2025, 10- 12/2025
3,237.00
EFT Dena Bates 8/14/2026 Senior Benefit Assistance Program 140.00 EFT Burke Williams and
Sorensen LLP
8/14/2026 07/26 Professional Services 28,008.00

EFT CARL OTTESON'S

CERTIFIED BACKFLOW

TESTING
8/14/2026 Backflow Testing Services 120.00
EFT CDW GOVERNMENT 8/14/2026 Adobe InDesign, Adobe Photoshop, Acrobat Pro Subscriptions
2,764.00

EFT CHARLES ABBOTT

ASSOCIATES
8/14/2026 07/26 Building Permit and Plan Check Fees 39,474.70 EFT EcoFert, Inc. 8/14/2026 07/26 Monthly Program Fees 2,346.00 EFT Genesi LLC 8/14/2026 07/2026 Professional Services 10,000.00 EFT Granicus, LLC 8/14/2026 GovAccess PLus Edition, Website Maintenance, 08/22/26-08/21/27
16,193.79
EFT Honeywell International
Inc.
8/14/2026 Mechanical & Electrical Service, September 2026 5,828.96 EFT Joshua Curtis Slone 8/14/2026 Exercise Physiologist, Senior Programming 925.00 EFT Landmark Consultants,
Inc
8/14/2026 YV Aquatic & Recreation Center Prop 68, 07/16/26- 07/29/26
6,292.00
EFT LCR Earthwork &
Engineering, Corp
8/14/2026 Release of the Retention 17,022.50
EFT Mariposa Landscapes
Inc.
8/14/2026 07/26 Landscape Maintenance 9,726.56
EFT Shawn M Matteke 8/14/2026 Contracted Instructor, Senior Programming 600.00 EFT Nena C McCullough 8/14/2026 Senior Center Expense Reimbursement 129.85 EFT Honsu, Inc. 8/14/2026 2026 Husqvarna FE501S Motocycle for Sheriffs Department
14,051.60
EFT Noel Rodney Owsley 8/14/2026 Invoices 08-26-001, 08-26-002, 08-26-003, 08-26- 004, 08-26-005, 08-26-006
24,750.00
EFT Primo Brands 8/14/2026 Office Bottled Water Supply (TH) 296.10 EFT Roadrunner Print and
Ship
8/14/2026 Invoices 6463, 6755, 6947 118.30
EFT SBCO Sheriff's
Department
8/14/2026 08/26 Public Safety Services 619,652.00
EFT Southwest Networks, Inc. 8/14/2026 07/26 Contract Billing 247.50 EFT Tripepi, Smith &
Associates, Inc.
8/14/2026 Website Development, Branding Service 731.79
EFT ULINE 8/14/2026 First Aid Kit and Janitorial Supplies 691.42 EFT Mission Square 8/21/2026 7,099.75
EFT Lincoln 457 (Payroll) 8/21/2026 4,104.03
EFT PARS 8/21/2026 3,104.59
0066929 ACTION PUMPING INC 8/28/2026 Machris Park Septic Pumping 435.00 0066930 Stotz Equipment 8/28/2026 Invoices 248504, 252480 3,336.74 0066931 AT&T MOBILITY 8/28/2026 Cell Phone Service 625.01

Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 3
Warrant Register from 8/01/2026 to 8/31/2026
0066932 BASIN WIDE

FOUNDATION
8/28/2026 Annual Awards Dinner 2,000.00
0066933 Best Signs Inc. 8/28/2026 Town Monument Electronic Sign Repair 1,280.00 0066934 California Department of
Conservation
8/28/2026 Invoices , 07-09/22 1,397.61
0066935 CoreLogic Solutions LLC,
Information Solutions
8/28/2026 RQ2 Nationwide Commitment Package, July 2026 357.43 0066936 Dan's Carpet Cleaning 8/28/2026 Community Center Facility Carpet Cleaning 368.64 0066937 Jeff Drozd 8/28/2026 Travel Reimbursement, Mojave Desert RA JPA Meeting 08.13.2026.
123.96
0066938 Erik Mendoza 8/28/2026 Photography Service for Summer Music Festival 300.00 0066939 Erin Benatar 8/28/2026 Refund for STVR 218-22@5935 Buena Suerte Rd 1,323.00 0066940 EXHIBIT ENVOY, Inc. 8/28/2026 Deposit for Exhibit Rental Fee "Night Watch",

09.17.27-12.12.28
1,015.63
0066941 FEDEX 8/28/2026 Invoices 9-421-97191, 9-430-89959 241.62 0066942 Frazier Pest Control, Inc. 8/28/2026 07/26 Welcome Center Monthly Pest Control 85.00 0066943 FULTON DISTRIBUTING
CO
8/28/2026 Invoices 707896, 709664 2,426.80
0066944 Michele Gardner 8/28/2026 Invoices Reimbursement, TR 810.54 0066945 Geocon West Inc. 8/28/2026 Invoices 726070446-1, 726070446-2 10,200.00 0066946 Gold Mountain California
News Media, Inc.
8/28/2026 Invoices 69958, 69959, 70096, 70118 2,356.96
0066947 Grainger 8/28/2026 Invoices 9042826272, 9042826280 676.18 0066948 GUY WULF 8/28/2026 Invoices 080526, 080626, 081126 , 081226 420.00 0066949 Hi-Desert Metal & Gas
Supply
8/28/2026 Custom Basketball Brackets Supply 326.25
0066950 Hi-Desert Water District 8/28/2026 Water Supply Service 2,808.99 0066951 Kevin Quinlan 8/28/2026 Invoices 081126, 081226 210.00 0066952 KK RENTS, LLC 8/28/2026 Invoices 260730-00026439-001, 260805-00026490 -001
529.60
0066953 MICHAEL E LANG 8/28/2026 Contracted Instructor, CPR Class 105.00 0066954 MacLeod Watts. Inc. 8/28/2026 FY25/26 OPEB Liability GASB 75 Actuarial Report 7,100.00 0066955 Michael Craig 8/28/2026 Refund for STVR 47-22@7433 Fairway Ave 1,374.00 0066956 Morongo Basin Cultural
Arts Council
8/28/2026 2026 HWY 62 Open Studio Art Tours Sponsorship and Catalog Ads
25,000.00
0066957 Municipal Dental Pool
C/O Keenan &
Associates, SETECH
8/28/2026 Monthly Dental Premium Group ID #22642-00001, September 2026
2,283.04
0066958 PARS 8/28/2026 06/26 Annual Asset Fee 300.00
0066959 PlaceWorks, Inc. 8/28/2026 Invoices TYV-09.0-16, TYV-12.0-13 8,235.25 0066960 PRO SECURITY
SYSTEMS, INC.
8/28/2026 Invoices 23821, 25172 9,170.00
0066961 G-44 GO1 OAR Payment
Processing
8/28/2026 Discount Agreement Shortfall in Revenue at founders Plaza
17,728.97
0066962 Jim Schooler 8/28/2026 Election Candidate Statement Withdrawal Reimbursement
150.00
0066963 Sciencenter 8/28/2026 Deposit for Museum Exhibition Rental - Summer 2027, 05.12.27-09.14.27
6,500.00
0066964 Trophy Express 8/28/2026 Name Badges for Staff 40.24 0066965 UniFirst Corporation 8/28/2026 Invoices 2200432890, 2200435673 494.40 0066966 Valley Independent
Printing LLC
8/28/2026 Envelopes Supply 958.09
0066967 Webb Municipal Finance
LLC
8/28/2026 LLMD N#1 St & Drainage Maintenance Dist 1, CFD 11-1, thru 07.25.2026.
8,842.03
0066968 Terry Williams 8/28/2026 Tree Lighting Ceremony and Winter Holiday Celebration, Santa Performance Service
1,300.00
0066969 WONDER ELECTRIC
CO., INC.
8/28/2026 Main Breaker Replacement at Brehm Park 463.16 0066970 YUCCA VALLEY

CHAMBER OF
COMMERCE, INC.
8/28/2026 Installation Dinner 540.00
EFT Pacific Western Bank 8/28/2026 Credit Card 32,358.51

Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 4
Warrant Register from 8/01/2026 to 8/31/2026
EFT SoCalGas 8/28/2026 Gas Service 476.04
EFT Staples 8/28/2026 Credit Card 2,779.45
EFT G-44 GO1 OAR Payment
Processing
8/28/2026 Electric Service 28,874.69
EFT Quinn Company 8/28/2026 Equipment 1,123.12
EFT Multy Service Technology
Solutions Inc.
8/28/2026 Credit Card 724.13
EFT Airgas USA, LLC 8/28/2026 Aquatics Rent Cyl Med Oxygen 53.90 EFT American Business Bank 8/28/2026 Retention Escrow Deposit for RC Construction Inc., YV ARC Project; Application#24, period thru
07/31/2026
69,714.82

EFT AVALON URGENT CARE
INC
8/28/2026 Invoices 19592, 19747, 24629, 24683, 24686,
24923, 24930, 24962, 24963, 24965, 24966, 24967,
24968, 24969, 24970, 24974, 24975, 24982, 24983,
3,375.00

EFT AVALON URGENT CARE
INC
8/28/2026 Medical Fees 75.00

EFT AVALON URGENT CARE
INC
8/28/2026 Medical Fees 291.00

EFT BURRTEC WASTE &

RECYCLING SERVICES
LLC
8/28/2026 Invoices FY24/25, FY25/26 68,607.44
EFT CYNTHIA WEAVER 8/28/2026 Invoices 10829, 10830, 10831 2,595.18 EFT Environment Planning
Development Solutions,
Inc.
8/28/2026 CEQA for Tumbleweed Sanctuary, CUP 01-24, EA
02-24, throught 07/26/2026
4,923.75

EFT FARMER BROTHERS
CO
8/28/2026 Office Coffee Supply 488.52
EFT Genesi LLC 8/28/2026 08/2026 Professional Services 10,000.00 EFT Granicus, LLC 8/28/2026 GovAccess Museum Website Maintenance Contract, Milestone 3of4, PO2610215
1,770.00
EFT Heritage Pool Supply
Group, Inc.
8/28/2026 Drytec FG Calcium Hypochlorite Briquetts, PO27- 10272
5,611.50
EFT Hermann Design Group,
Inc.
8/28/2026 State Highway 62 Improvements, July 2026, Master Planning
2,922.50
EFT HMC Group dba HMC
Architects
8/28/2026 07/26 YV Aquatic Center Project - prop 68 1,293.00 EFT Honeywell International
Inc.
8/28/2026 PO26-10192, Community Center HVAC Project 2of2 69,155.19 EFT Landmark Consultants,
Inc
8/28/2026 YV Aquatic & Recreation Center Prop 68, 07/30/26- 08/12/26
2,288.00
EFT Nena C McCullough 8/28/2026 Senior Center Expense Reimbursement 211.16 EFT Primo Brands 8/28/2026 Office Bottled Water Supply 655.27 EFT QuickScores LLC 8/28/2026 Sports Online Platform Services 126.00 EFT SERVPRO The Landers
Group
8/28/2026 Invoices 174170, 17468497 10,234.95
EFT RHA Landscape
Architects-Planners, Inc.
8/28/2026 YV Community Center Athletic Facilities Master Plan, 06/26/2026-07/25/2026
300.00
EFT Robert Clapper
Construction Services Inc
8/28/2026 YV Aquatic and Recreation Center Construction Project, thru July 31, 2026
1,324,581.63
EFT Safework, Inc 8/28/2026 Invoices 00000451-25, 00000451-26 130,000.00 EFT SCAG 8/28/2026 FY26/27 Membership Dues 3,305.00
EFT Systems Source Inc. 8/28/2026 Furniture and Fixtures for YVARC Project, Proposal 418685 Deposit, PO26-10184
337,727.55
EFT Tripepi, Smith &
Associates, Inc.
8/28/2026 Invoices 17417, 17715, 17776, 17831 27,446.65 EFT Turf Star inc 8/28/2026 Mower Maintenance Supply 964.30 EFT UniFirst First Aid + Safety 8/28/2026 Medical Kit Supply 109.78 EFT Van Engineering Inc. 8/28/2026 CC Athletic Facility Improvements, 07/01/26- 07/31/26
219,407.25
0066971 JOHN CLAYTON
RARDON
8/31/2026 Final Paycheck 9,358.84
Total Checks: 5,187,311.80

Item: 6.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Staff Accountant
Date: August 14, 2026
Meeting Date: September 15, 2026
Subject: AB1234 Reporting Requirements
Recommendation:

Receive and file the AB1234 Reporting Requirement Schedule for the month of August 2026.

Prior Review:

Current reimbursement policy for Council members and Successor Agency members reviewed and approved by Council August 2006.

Discussion:

AB1234 requires members of a legislative body to report on “meetings” attended at public expense at the next meeting of the legislative body. “Meetings” for purpose of this section are tied to the Brown Act meaning of the term: any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. Qualifying expenses include reimbursement to the member related to meals, lodging, and travel.

An example of when a report is required is when a Town Council member represents his or her agency on a joint powers agency board and the Town pays for the official’s expenses in serving in that representative capacity. Additionally, in the spirit of AB1234, the Yucca Valley Town Council also reports all travel related to conference and training attended at public expense.

Although the AB1234 report can be either written or oral, this report must be made at the next meeting of the legislative body that paid for its member to attend the meeting.

Alternatives
None

Fiscal Impact:

There is no anticipated financial impact associated with the recommended approval of AB1234 reporting requirements.

Attachments

1. AB1234 August 2026

Date of Travel Organization Description Location
08/27/26 League of California Cities DMD Meeting Palmdale, CA 08/19/26 SCAG Mobile Workshop Ontario, CA
8/13/2026
Mojave Desert and Mountain
Recycling Authority
JPA Board Meeting Victorville, CA
Council Member Jeff Drozd
Council Member Robert Lombardo
No reportable meetings
Mayor Pro Tem Jim Schooler
No reportable meetings
Council Member Rick Denison
Town of Yucca Valley
AB1234
Council Member Meeting Schedule
August 2026
Mayor Merl Abel

Item: 7.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Debra Breidenbach, Human Resources and Risk Manager Date: September 2, 2026
Meeting Date: September 15, 2026
Subject: Rejection of Claim
Recommendation:

Reject one Claim filed against the Town of Yucca Valley submitted on July 2, 2026 by Rebecca Sullivan.

Prior Review:

There has been no prior Council reveiw on this item.

Discussion:

Under state law, a claim for personal damage must be presented in accordance with Government Code Section 910. Based upon staff and legal review, it is recommended that the claim be rejected in accordance with Government Code 913 and 915.4. If Council wishes to discuss the nature and content of the claim, a closed session under the same terms of the Brown Act is appropriate.

When the Town receives a claim, a review is conducted regarding the charges of the claim.

Based on legal review and/or review by our insurer California Intergovernmental Risk Authority, a claim is either recommended for rejection or a settlement is attempted.

Alternatives
No alternative is recommended.

Fiscal Impact:

None
Attachments
None

Item: 8.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Brooke Dudra, Town Clerk
Date: September 10, 2026
Meeting Date: September 15, 2026
Subject: Ordinance 335- Second Reading- Amending Chapter 5.40, Temporary Short Term Vacation Rental Permits
Recommendation:

Adopt Ordinance 335 entitled:

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, REPEALING AND RESTATING IN ITS ENTIRETY CHAPTER 5.40, TEMPORARY SHORT TERM

VACATION RENTAL PERMIT
Prior Review:

The Town Council introduced Ordinance 335 at the September 1, 2026 meeting.

Discussion:

The process of adopting an ordinance is a two-step process, requiring that the Town Council first introduce the ordinance and then adopt the item at a separate meeting. The ordinance was introduced at the Town Council meeting held on September 1, 2026. This is the second reading of the proposed ordinance. Following adoption, the ordinance will be published in accordance with Government Code Section 36933.

Alternatives
None recommended.

Fiscal Impact:

Costs for preparation of these materials are included in the annual operating budget, including both staff and legal counsel costs.

Attachments

1. No 335 TSTVR Ordinance

ORDINANCE NO. 335

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, REPEALING AND RESTATING IN ITS ENTIRETY CHAPTER 5.40,

TEMPORARY SHORT TERM VACATION RENTAL PERMIT
WHEREAS, from time to time it is necessary for the Town Council to adopt and amend regulations for various activities within the Town; and WHEREAS, the Town Council has established regulations for Temporary Short Term Vacation Rentals and the associated permits for those Rentals; and WHEREAS, the Town Council desires to amend those regulations based upon changing conditions within the Town.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, ORDAINS AS FOLLOWS.

SECTION 1: Chapter 5.40, Temporary Short Term Vacation
Rental Permit is repealed and restated in its entirety as follows.

TEMPORARY SHORT-TERM VACATION RENTAL PERMIT
SECTION:

5.40.010: Purpose

5.40.020: Definitions

5.40.030: Authorized Agent or Representative

5.40.040: Temporary Short-Term Vacation Rental Permit - Required

5.40.050: Temporary Short-Term Vacation Rental Permit - Application

5.40.060: Operational Requirements and Standard Conditions

5.40.070: Additional Development Standards

5.40.080: Nuisance Response Plans

5.40.090: Maximum Number of Temporary Short-Term Vacation Rental Permits

5.40.100 Recordkeeping Duties

5.40.110 Permit Administration, Amendments, Revocations and Violations

5.40.120 Verified Short-Term Vacation Rental Permit Operational Violations

5.40.130 Director’s Meetings

5.40.140 Expiration of Permits

5.40.150 Abandonment

5.40.160 Application Waiting List Procedure

5.40.170 Transferability

PURPOSE:

The purpose of this chapter is to establish regulations for the temporary use of privately owned single-family residential dwellings that are used as short-term vacation rentals and to ensure the collection and payment of transient occupancy taxes as provided in Chapter 3.24 of the Town Code and minimize the negative secondary effects of such use on surrounding residential properties and residents. The permitting process, standards, and regulations contained herein are intended and designed to ensure the public health, welfare and safety, and tranquility, peace, quiet, preservation of the dark night sky, and low-density desert characteristics of Yucca Valley neighborhoods are not altered, affected, or minimized in any manner or form by the operation of Temporary Short-Term Vacation Rentals.

This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term vacation rental purposes as defined in this Chapter.

DEFINITIONS:

For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

APPLICABLE LAWS, RULES
AND REGULATIONS:

Any laws, rules, regulations, and codes (whether
local, state, or federal) pertaining to the use and
occupancy of a privately owned dwelling unit as a
short-term vacation rental, and includes all rules,
standards, regulations, and laws as established by
the Yucca Valley Town Code in its entirety.

APPLICANT: The owner of the short-term vacation rental unit or the owner's authorized agent or representative.

AUTHORIZED AGENT OR
REPRESENTATIVE:

BEDROOM:

The designated agent or representative who, in
addition to the property owner, is responsible for
compliance with this chapter with respect to the
short-term vacation rental.

Bedroom means a private room in the short-term
vacation rental unit for sleeping, separated from
other rooms and with no less than 70 square feet of
floor area. Kitchens, bathrooms, toilet rooms, living
rooms, dens, dining areas, halls, closets, storage or
utility spaces, and similar areas are not considered

5.40.010:

5.40.020:

bedrooms.

DIRECTOR: That person acting in the capacity of the Director of Community Development Department or his or her
designee.

DIRECTOR’S MEETINGS: Meetings held by the Director with vacation rental unit owners, property owners, residents,
neighborhood residents, regarding the permitting
and operations of vacation rentals, the adherence
of vacation rentals to adopted standards,
regulations and conditions of approval, for the
purpose of collecting facts, evidence and
information regarding potential violations of
regulations and conditions of approval and for
preparing recommendations to the Town Manager
for potential permit actions.

GUEST: Any individual visiting the Short-Term Vacation
Rental Unit who is not a occupant.

GOOD NEIGHBOR
BROCHURE:

A document prepared by the Town that
summarizes the general rules of conduct,
consideration, and respect, including without
limitation, provisions of the Town of Yucca Valley
Code and other applicable laws, rules or regulations
pertaining to the use and occupancy of short-term
vacation rental units.

LOCAL CONTACT
PERSON:

The person(s) designated by the owner or the
owner's authorized agent or representative who
shall be available twenty-four hours per day, seven
days per week for the purpose of: (1) responding
within fifteen (15) minutes by telephone or text and
within or less than thirty (30) minutes to be on-site,
to complaints regarding the condition, operation, or
conduct of occupants of the short-term vacation
rental unit; and (2) taking remedial action to
resolve any such complaints.

NUISANCE RESPONSE
PLAN:

A plan containing the required information
identified in this chapter and addresses how the
owner will respond to nuisances, including, but not
limited to, noise, parties, excessive guests and cars,

light trespass, excessive and windblown trash, trash
cans out before or after trash collection day, loud
music, bands, and all other similar nuisances.

OCCUPANT: Any individual two (2) years in age or older, that occupied or intends to occupy a short-term
vacation rental unit overnight.

OWNER: The person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation
rental unit.

PROPERTY: A residential legal lot of record on which a shortterm vacation rental unit is located.

RESPONSIBLE PERSON: An occupant of a short-term vacation rental unit who is at least twenty-one years of age and who is
legally responsible for ensuring that all occupants of
the short-term vacation rental unit and/or their
guests comply with all applicable laws, rules and
regulations pertaining to the use and occupancy of
the subject short-term vacation rental unit.

REVOCATION HEARING: A hearing to consider revocation of a Temporary Short-Term Vacation Rental permit.

SHORT-TERM VACATION
RENTAL (STVR):

A short-term vacation rental is a detached
single-family residential unit constructed and
permitted for residential dwelling purposes and
may include residential accessory structures
containing habitable space that were constructed
pursuant to the Building Codes in effect at the time
of their construction. A short-term vacation rental
does not include a duplex, condominium, tent,
recreation vehicle, teepee, or any other type of
structure, vehicle, or facility which was not
constructed and permitted as a detached,
habitable, single-family residential unit or as a
habitable residential accessory structure.

TEMPORARY SHORTTERM VACATION RENTAL
PERMIT (TSTVRP):

A temporary permit, not exceeding four (4) years in
length, issued to the owner of the property, that
authorizes the temporary use of a privately owned,
habitable, residential dwelling or habitable

TOWN MANAGER
residential accessory structure as a short-term
vacation rental unit pursuant to the provisions of
this Chapter, and which incorporates by
consolidation a transient occupancy permit and a
business license otherwise required by Chapters

3.24 (Transient Occupancy Tax) and 5.20 (Business
Registration) of the Yucca Valley Town Code.

The Town Manager of the Town of Yucca Valley, or
his or her designee.

SHORT-TERM VACATION
RENTAL UNIT:

A privately owned detached, habitable,
single-family residential dwelling or habitable
single-family residential accessory structure, rented
for occupancy for dwelling, lodging, or sleeping
purposes for a period of thirty (30) consecutive
calendar days or less, counting portions of calendar
days as full days; except any private dwelling house
or other individually owned habitable residential
dwelling unit or habitable single-family residential
accessory structure rented only once in a calendar
year.

TRANSIENT: For purposes of this chapter means any person who seeks to rent or who does rent a short-term
vacation rental unit.

VERIFIED VIOLATION: Documented violations that pose a threat to public health or safety as determined by the Director to
be a violation of this Chapter 5.40.

AUTHORIZED AGENT OR REPRESENTATIVE:

A. An owner may authorize an agent or a representative to comply with the requirements of this chapter on behalf of the owner.

B. Notwithstanding subsection A, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's authorized agent or representative or the occupants of the owner's short-term vacation rental unit or their guests.

5.40.030:

TEMPORARY SHORT-TERM VACATION RENTAL PERMIT – REQUIRED:

A. The owner or the owner's authorized agent or representative shall obtain a temporary short-term vacation rental permit, a business registration certification, and transient occupancy tax certificate from the Town before renting or advertising the availability of a short-term vacation rental unit.

B. A temporary short-term vacation rental permit is valid for a maximum four (4) year period. Permit renewal application for a temporary short-term vacation rental shall be applied for and evaluated by the Town consistent with this Chapter. Temporary shortterm vacation rental permits are particular to the property owner, are not transferable unless transferred in accordance with section 5.40.170, and do not run with the land.

C. Pursuant to Government Code section 50990(b), the Town elects to make the provisions of the Short-Term Rental Facilitator Act of 2025 (Gov. Code, §§ 50990–50996) applicable within the Town’s jurisdictional boundaries.

TEMPORARY SHORT-TERM VACATION RENTAL PERMIT – APPLICATION:

A. The owner shall submit the following information on a temporary short-term vacation rental permit application form provided by the Town, in addition to any additional information deemed necessary by the Director.

1. The name, address, telephone number, and email addresses, and address of the owner of the subject short-term vacation rental unit.

2. The name, address, telephone number and email address, of the owner's authorized agent or representative, if any.

3. The name, address, email address, and twenty-four (24) hour telephone number of the local contact person.

4. The address and assessor parcel number of the proposed short-term vacation rental unit.

5. Contact name and phone number of the homeowners association, if applicable.

6. The number of bedrooms in the proposed short-term vacation rental unit.

7. Acknowledgement of receipt and inspection of a copy of the good neighbor brochure.

5.40.040:

5.40.050:

8. Notarized acknowledgement that the structure meets all building and safety and zoning codes of the Town of Yucca Valley at the time of construction, that all outdoor lighting shall be fully shielded so that all light goes below a horizontal plane, and shall not result in light trespass onto any abutting property, and that noise monitoring equipment will be installed on the property prior to operation of the vacation rental, and that trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the Town's authorized waste hauler on scheduled trash collection days, that property owner will sign-up for pull-out services with Burrtec Waste & Recycling, that three (3) verified violations within a period of six (6) months shall result in a Director’s Meeting in accordance with Section 5.40.130, and the Director may seek to add conditions, suspend, or revoke the permit in accordance with Section 5.40.110.

9. A diagram and/or photographs of the premises showing and indicating the location and designated on-site parking spaces, and the maximum number of vehicles allowed for overnight occupants.

10. The location of pools, hot tubs, spas, or similar elements installed and/or constructed on the property, and the proposed location of noise monitoring equipment to be installed prior to operation of the short-term vacation rental.

11. Acknowledgment that the owner, agent, and local contact individuals have read all regulations pertaining to the operation of a short-term vacation rental and acknowledgement of their responsibility to assist in enforcement of operating rules and in the payment of transient occupancy taxes.

12. Copy of the business registration/application filed with the Town of Yucca Valley for the rental unit.

13. Copy of the Transient Occupancy Tax (TOT) permit application filed with the Town.

14. Documentation of insurance coverage for the structure as a STVR.

15. Nuisance response plan. Failure to submit a nuisance response plan in accordance with this Chapter shall result in the denial of the permit application, and the applicant is required to reinitiate the application process.

16. Such other information as the Director deems reasonably necessary to administer this Chapter.

B. The temporary short-term vacation rental permit application shall be accompanied by an application fee as established by resolution of the Town Council.

C. A temporary short-term vacation rental permit application may be denied if a prior temporary short-term vacation rental permit for the same unit was revoked within the past twenty-four (24) calendar months.

D. Within fourteen (14) days of a change of owner's agent or representative, or any other change in material facts pertaining to the information contained in the STVR permit application, the owner or owner's authorized agent or representative shall notify the Town in writing of such, and submit revised application documents reflecting such changes, to include any of the information required pursuant to Section 5.40.050., prior to continuing to rent the subject unit as a short-term vacation rental. In the event of a change of ownership for a property that previously obtained a temporary short term vacation rental permit, the permit holder shall notify the Town within fourteen (14) days of the change of ownership. The temporary short term vacation rental permit shall immediately expire upon the change of ownership unless transferred in accordance with section 5.40.170
E. All applications shall be filed in person by the property owner or the authorized agent or representative of the property owner.

F: All applications shall be complete at the time of submittal. No incomplete application can be accepted by Town staff.

OPERATIONAL REQUIREMENTS AND STANDARD CONDITIONS:

A. The owner and/or owner's authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit.

B. In accordance with the table below, only those occupants to whom the short-term vacation rental has been leased, and their guests, are authorized to be on the premises.

No other individual is allowed on the property during the leased period. Kitchens, bathrooms, toilet rooms, living rooms, dens, dining areas, halls, closets, storage or utility spaces, and similar areas are not considered bedrooms and shall not be used in the calculation for determining the maximum number of occupants, guests, and vehicles.

Requests for conversion of any space into a bedroom shall be submitted to the Town through the building permit application process, which may require plan submittal, inspection, and required fees as established by Town Council. The number of occupants, guests, and vehicles in any given short-term vacation rental unit shall be limited as follows.

1. The total daytime numbers provided in the table below may only be temporarily exceeded when in conformance with the Special Event Regulations contained in Section

5.40.060:

9.38.020 of the Chapter 9.38 of the Yucca Valley Development Code for guests of a permitted special event. The total overnight numbers provided in the table below may not be exceeded.

Number of Bedrooms Total of Overnight* Occupants
and Vehicles
Total Daytime* *
Occupants (Including Number of
Overnight
Occupants) and Vehicles
0 - Studio 2 8
1 4 8
2 6 8
3 8 12
4 10 16
5 12 18
6 14 20
7 14 20
*Overnight (10:00 P.M. – 7:00 A.M.) **Daytime (7:00 A.M. – 10:00 P.M.) C. While a short-term vacation rental unit is rented the owner's designated local contact person shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of responding, including being physically on site within thirty (30) minutes to complaints and concerns, and responding to all complaints and concerns within fifteen (15) minutes via telephone or text message, regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests.

D. The owner, the owner's authorized agent or representative, and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule, or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit.

E. Noise: No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term vacation rental unit between the hours of 10:00 P.M. and 7:00 A.M.

1. It is unlawful for any owner, renter, occupant, or guest located at a short-term vacation rental unit to make, cause to be made, or allow to be made any loud, excessive, impulsive, or intrusive noise that disturbs the peace or quiet or that causes discomfort or annoyance to any reasonable person of normal sensitivities in the area.

Such types of noises or actions causing noises include, but are not limited to, yelling, shouting, hooting, whistling, singing, playing a musical instrument, emitting, or transmitting any loud music or noise from any mechanical or electrical sound making or sound amplifying device, and the habitual barking, howling, or crowing of animals.

2. The standard for enforcement of this subsection is the “reasonable person” standard.

The inquiry is whether the noise would disturb the peace or quiet or cause discomfort or annoyance to a reasonable person under the same or similar circumstances.

3. Factors that may be considered in determining whether a violation of this subsection has been committed include, but are not limited to the following: the level of noise; the level and intensity of the background (ambient noise), if any; the proximity of the noise to the residential unit in question; the time of day or night the noise occurs; the duration of the noise; whether the noise is constant, recurrent or intermittent; and whether the noise is produced by a mechanical or electronical device.

4. The owner or owner’s authorized agent or representative shall install Noise Aware hardware and software, or its equivalent or better, prior to operations. The data collected by the hardware and software shall be made available to the Town immediately upon request within forty-eight (48) hours. The noise monitoring equipment should be installed as near to abutting property lines as possible. The shortterm vacation rental owner may desire to have additional noise and video monitors on the site beyond this requirement. The owner or owner’s authorized agent or representative shall set the hardware and software threshold for notification at the residential levels specified in Chapter 9.34.080 Noise, Table 3-15.

F. Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent or representative shall:

1. Obtain the contact information of the responsible person.

2. Provide a copy of the good neighbor brochure to the responsible person.

3. Require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit and shall require the responsible person to sign a copy of the Town’s regulations for short-term vacation rentals. This information shall be maintained by the owner or the owner's authorized

agent or representative for a period of three (3) years and be made readily available upon request of any officer of the Town responsible for the enforcement of any provision of the Town Code or any other applicable law, rule, or regulation pertaining to the use and occupancy of the short-term vacation rental unit.

4. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person shall greet the responsible person or communicate electronically prior to occupancy of the STVR by the responsible person. The responsible person shall be provided a verbal briefing in person or via electronic means on the Town’s rules, regulations, and standards for STVRs, and shall sign copies, which must be retained by the owner for a period of three (3) years.

G. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule, or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall be subject to all administrative, legal, and equitable remedies available to the Town.

H. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall report to the Director the name, violation, date, and time of disturbance of each person involved in two or more disorderly conduct activities, disturbances or other violations of any applicable law, rule, or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, within five (5) business days of the second occurrence.

I. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the Town's authorized waste hauler on scheduled trash collection days. Property owners shall be required to sign up for pullout services with Burrtec Waste & Recycling, maintain documentation of payment of monthly fees for those pullout services, and provide that documentation to the Town immediately upon request within forty-eight (48) hours.

J. No sign, as that term is defined in Ordinance 156 (Signs), shall be posted on the premises to advertise the availability of the short-term vacation rental unit. Off-site directional signs are prohibited. There shall be no displays, sale, or advertising signs on the premises. There shall be no signs other than one unlighted identification sign

containing the name and address of the property attached to the building not exceeding two (2) square feet in area per street frontage.

K. Parking shall be allowed on site only and shall not exceed the maximum number of vehicles as identified in the Table of Section 5.40.060.B. Parking shall be dustproof material including pavement, slag, gravel, or similar material.

L. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good neighbor brochure shall be provided to the responsible person of the subject short-term vacation rental unit.

M. Unless otherwise provided in this Chapter, the owner and/or the owner's authorized agent or representative shall comply with all provisions of Chapter 3.24 of the Town Code concerning transient occupancy taxes, including, but not limited to, submission of returns in accordance with Section 3.24.080 of the Town Code, which shall be filed even if the short-term vacation rental unit was not rented during each such month.

N. The Director shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated.

O. The standard conditions set forth herein may be modified by the Director upon request of the owner or the owner's authorized agent or representative based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a shortterm vacation rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.

P. The owner and/or the owner's authorized agent or representative shall post, in a place or location deemed acceptable by the Director, the current short-term vacation rental permit number on or in any advertisement appearing in any newspaper, magazine, brochure, television trade paper, Internet website, etc., that promotes the availability or existence of a short-term vacation rental unit. In the instance of audio-only advertising of the same, the short-term vacation rental permit number shall be read as part of the advertising.

Q. All outdoor lighting shall be fully shielded so that all light goes below a horizontal plane,

and shall not result in light trespass onto any abutting property. Certification shall be provided by the owner prior to permit approval.

R. Posted Notice within Unit: Each short-term vacation rental unit shall have a clearly visible and legible notice posted within the unit, on or adjacent to the front door, containing the following information:

1. The name of the managing agency, agent, property manager, or owner of the unit, and a telephone number at which that party may be immediately reached on a twentyfour (24) hour basis.

2. The maximum number of occupants.

3. The maximum number of vehicles allowed to be parked on the property.

4. Notification of the arrangements that the owner has made to allow the renter to properly store and dispose of trash or refuse in accordance with the terms of the Town Code.

5. Notification that failure to comply with the requirements of this Chapter, including parking and occupancy standards, as well as public and private nuisance standards, is a violation of the Town Code, and that such violation may result in enforcement actions to address the violation. These may include actions to abate the nonconformity, the institution of criminal, civil, or administrative actions, or, under certain circumstances, the calling of law enforcement for the removal of guest occupants and their vehicles from the property to the extent authorized by law. The notification shall state in a prominent format that users of the unit are prohibited from disturbing the peace of the surrounding neighborhood and that doing so is a violation of this Chapter.

6. Location of utility emergency shut off valves (including how to access valves and, if necessary, tools needed for such purposes).

7. Phone numbers of local emergency medical and law enforcement services.

8. Property boundary map for the purpose of exterior property recreational activities and parking to deter trespassing on other privately owned properties.

9. Notice that noise monitoring equipment has been installed on the property.

ADDITIONAL DEVELOPMENT STANDARDS:

The following are additional development standards, in addition to those zoning standards established for single family residential structures as contained in Article 2, Zoning Districts and Development Standards, and Article 3, Development Standards, of Title 9, Development Code,

5.40.070:

of the Yucca Valley Town Code.

A. Zoning Districts: STVRs shall be allowed in all Zoning Districts as established on the Yucca Valley Zoning Map. Nonconforming single-family residences with a TSTVR license located in Commercial or Industrial zoning districts shall not register complaints against existing Commercial or Industrial uses for regular Commercial or Industrial operations.

B. Number of Units Per Parcel: Multiple, eligible, habitable, single-family residential structures may be rented under not more than one temporary short-term rental permit.

C. Notice:

1. Following any action to approve a permit application for a short-term vacation rental, the Director shall cause notice to be provided to all property owners and tenants within three hundred (300) feet of the proposed short-term vacation rental site, indicating the approval granted.

2. The notice of approval to surrounding property owners shall also provide name, email address, and phone number of the “local contact person” designated for the short-term vacation rental unit.

D. Eligibility:

A legal conforming or nonconforming single family residential dwelling unit or habitable, residential accessory structure for purpose of establishing a temporary short-term vacation rental shall be located on a parcel containing a primary use or shall be located contiguous to a parcel under common ownership that contains a primary use, and shall not be permitted more than one temporary short-term vacation rental permit regardless of the number of parcels. Accessory Dwelling Units (ADUs) that were permitted by the Town pursuant to Government Code Sections 65852.2(e) or 66323 from January 1, 2020, to present cannot be used as short-term rentals.

NUISANCE RESPONSE PLANS:

A. Each nuisance response plan accompanying an application for a permit required by this Chapter shall contain the following information and otherwise be in a form required by the Director. The nuisance response plan shall address potential violations of the Yucca Valley Town Code including windblown trash, trash cans placed out before or after trash collection day, excessively loud music, night sky and other lighting violations, parties, loud noises, excessive vehicles, excessive guests, loud parties, and trespassing onto adjoining or surrounding properties. Nuisance response plans that do not adequately address how violations shall be addressed by management operations with the renters in accordance with this Chapter or that do not contain the required information as established by this Chapter or the Director shall result in denial of the temporary shortterm vacation rental permit. No application for the same property may be resubmitted

5.40.080:

to the Town within a twelve (12) month period. Nuisance response plans shall include the following:

1. The name, mailing address, email address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a short-term vacation rental pursuant to the permit.

2. The name, address, email address, and telephone number of the person or persons who will be available by telephone, and who will be responsible for promptly responding to or causing a prompt response to a nuisance complaint arising out of the occupancy or use of the short-term vacation rental unit(s) by occupants, their visitors and/or their guests. For the purposes of this Chapter, a return telephone call to a complainant, and the ability to be on-site, within thirty (30) minutes of the initial complaint shall be deemed “prompt.” Documentation shall be provided with the application that clearly illustrates the ability for any responding individual to be on-site within the thirty (30) minute time frame.

3. The manner of responding to or causing a response to a nuisance complaint, including, but not limited to, the manner in which the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action.

4. The manner of assuring timely corrective action to remedy the conditions that caused the nuisance complaint. For the purposes of this Chapter, “timely corrective action” shall include, at a minimum, a telephone call or text message to the primary adult occupant of the short-term vacation rental within fifteen (15) minutes of the initial nuisance complaint. Timely corrective action shall also include being on-site within thirty (30) minutes of the initial nuisance complaint.

5. The proposed maximum number of overnight occupants, with supporting documentation identifying unusual size, interior layout, parking, or other physical characteristics, if any, that support a request for occupancy greater than two (2) persons per bedroom.

6. The number of off-street parking spaces and number of bedrooms available at the short-term vacation rental unit.

7. Any other information deemed necessary by the Director.

B. The owner or owners of a short-term vacation rental unit may change the content of the nuisance response plan approved incidental to the issuance of the permit by filing an amended response plan with the permit administrator. Such amended response plan shall contain all the information and be in the form required by this Section and shall be accompanied by an amended response plan fee in an amount established by the Council

by resolution.

MAXIMUM NUMBER OF TEMPORARY SHORT-TERM VACATION RENTAL

PERMITS
A. At no time shall the number of Temporary Short-Term Vacation Rental Permits issued exceed ten percent (10%) of the Town’s official inventory of detached single-family residential dwelling units. The Director shall annually, in January of each calendar year, adopt the official inventory number of detached single-family residential dwelling units within the Town. The official inventory shall only be adjusted once each calendar year.

B. After the maximum number of issued Temporary Short-Term Vacation Rental Permits is reached, completed applications shall be placed on a waiting list in the order received.

C. No additional TSTVRP shall be issued until an existing TSTVRP has expired, been revoked, or is no longer operational. Upon a TSTVRP expiring, being revoked or no longer in operation, the Director shall cause the next complete application on the waiting list to be processed in accordance with this Chapter.

RECORDKEEPING DUTIES:

The owner or the owner's authorized agent or representative shall maintain, for a period of three (3) years, records in such form as may be required by the tax administrator (as defined in Chapter 3.24) to determine the amount of transient occupancy tax owed to the Town. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator pursuant to Chapter 3.24 (Transient Occupancy Tax) of the Town Code.

PERMIT ADMINISTRATION, AMENDMENTS, REVOCATIONS AND VIOLATIONS:

A. Additional Conditions: A violation of any provision of this Chapter by any of the occupants, responsible party(ies), owner(s) or the owner's authorized agent(s) or representative(s) shall authorize the Director to impose additional conditions on the use of any active short-term vacation rental unit to ensure that any future violations are avoided. The Director shall provide ten (10) days’ notice prior to the imposition of additional conditions. The owner may appeal the imposition of additional conditions by submitting a notice of appeal to the Director within 10 days of receiving the notice from the Director. The notice of appeal shall set forth the reasons and evidence that support the owner’s position that additional conditions are not necessary to avoid future violations. The notice of appeal shall be accompanied by an appeal fee, as set by the Town Council by resolution. The appeal shall be heard in accordance with subsection (b) of this section.

5.40.090:

5.40.100:

5.40.110:

B. Appeal of Additional Permit Conditions: Any appeal of additional conditions imposed by the Director in accordance with this section shall be heard by the Town Manager. The appeal hearing shall be set no more than 30 days from the Town’s receipt of the notice of appeal. Imposition of the additional condition shall be stayed until the conclusion of the appeal. At the appeal hearing, the Town Manager shall hear and consider all relevant evidence and receive testimony. The hearing shall not be conducted in accordance with the California Evidence Code. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be considered if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of similar affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. The hearing may be continued by the Town Manager from time to time. Within ten (10) days of the conclusion of the hearing, the Town Manager shall issue a decision as to whether the additional conditions are necessary to avoid future violations at the STVR property in question. The Town Manager shall have the authority to affirm, modify, or reject the conditions imposed by the Director. The decision of the Town Manager shall be final.

C. Permit Suspension or Revocation: Any request for a permit suspension or revocation by the Director based on violations of this Chapter shall be conducted in accordance with the terms and provisions of this subsection (c). The owner of a STVR unit subject to a permit suspension or revocation hearing shall be provided with not less than 20 days’ notice prior to the day of the hearing. The hearing shall be conducted by the Town Manager or their designee. The Town Manager or their designee shall hear and consider all relevant evidence and receive testimony. The hearing shall not be conducted in accordance with the California Evidence Code. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be considered if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of similar affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. The hearing may be continued by the Town Manager or their designee from time to time. Within ten (10) days of the conclusion of the hearing, the Town Manager or their designee shall issue a decision regarding the suspension or revocation of the permit for the STVR property in question. The Town Manager or their designee shall have the authority to approve the permit suspension or revocation, modify the existing conditions of the permit, or reject the permit suspension or revocation request. The decision of the Town Manager or their designee shall be final.

D. Enforcement and Violations: A violation of any provision of this Chapter by any of the

occupant(s), responsible party(ies), owner(s) or the owner's authorized agent(s) or representative(s) shall constitute grounds for modification, suspension and/or revocation of the short-term vacation rental permit and/or any affiliated licenses or permits, in addition to public nuisance violation procedures of the Town Code as defined and established in the Town Code.

E. The owner shall agree to the conditions of approval and permit requirements, in additional to all other standards and conditions as implemented under Chapter 5.40, as follows.

1. As the owner, I fully understand that the permit authorizes short-term vacation rental activity in a residential neighborhood in the Town of Yucca Valley. Yucca Valley residents value the tranquility, peace, quiet, night sky, and low-density desert characteristics of their neighborhoods. Activities associated with the operation of the short-term vacation rental that disturbs, disrupts, and impedes the general enjoyment of the desert character and qualities that Yucca Valley residents value may result in the issuance of operational penalties, infraction citations, misdemeanor citations and other court actions, up to and including the revocation of the permit, in accordance with Chapter

5.40, these conditions of approval and the Town of Yucca Valley Town Code.

2. As the owner, I fully understand that these Conditions of Approval are for Temporary ShortTerm Vacation Rental Permit, TSTVRP XX-XX. The residential structure is located at (address) and is also identified as APN: XXX-XXX-XX. The approved permit is subject to compliance with these conditions of approval. Pursuant to Chapter 5.40 of the Town of Yucca Valley Development Code, effective December 1, 2017, a Temporary Short-Term Vacation Rental Permit is a temporary permit and approval is valid for a forty-eight (48) month period. The Town is not obligated or required to renew the permit or to extend the permit beyond the forty-eight (48) month approval period. The Town Council may conclude and close the shortterm vacation rental program at any time. This permit is issued to the owner, this permit does not run with the land or structure, and this permit is not transferrable unless transferred in accordance with section 5.40.170, and do not run with the land.

3. As the owner, I fully understand that verified trespass by guest occupants onto any adjoining, adjacent or property in the vicinity of the short- term vacation rental unit may result in revocation or suspension of the temporary short-term vacation rental permit. The permit suspension or revocation hearing shall be administered by the Town Manager or their designee, and the decision of the Town Manager or their designee shall be final.

VERIFIED SHORT-TERM VACATION RENTAL PERMIT OPERATIONAL VIOLATIONS:

Verified violations shall result in the following. For a violation that the Director determines is reasonably capable of correction, the Town will provide written notice identifying the violation and allowing five (5) days from service of the notice to correct it. Failure to correct the violation

5.40.120:

within that period may constitute an additional violation. Nothing in this section limits the Town’s authority to pursue any other remedy available under this Chapter, the Town Code, or applicable law.

A. $1,500.00 fine paid to the Town of Yucca Valley for the first verified violation.

B. $3,000.00 fine paid to the Town of Yucca Valley for the second verified violation within twelve (12) months.

C. $5,000.00 fine paid to the Town of Yucca Valley for the third verified violation within twelve (12) months.

A responsible party may appeal the Director’s determination of a verified violation in accordance with the appeal procedures in Chapter 1.04. The hearing officer may affirm, reverse, or modify the determination.

The Director may grant a hardship waiver to reduce the amount of the fine upon a showing and verified documentation by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

Three (3) verified violations within a period of six (6) months shall result in a Director’s Meeting in accordance with Section 5.40.130.

In addition to the fines set forth in this section, in the event of a violation, the Director may seek to add conditions, suspend, or revoke the permit in accordance with Section 5.40.110.

DIRECTOR’S MEETINGS:

When verifiable complaints are received, the Director may schedule a review of the Temporary Short-Term Vacation Rental Permit. The Director shall notify the owner and all property owners within three hundred (300) feet of the short-term vacation rental unit no less than twenty (20) days in advance of the Director’s meeting.

Attendance by the property owner or owner representative or authorized agent is mandatory.

Failure of the owner or owner representative to attend shall result in a suspension or revocation hearing in accordance with this Chapter.

EXPIRATION OF PERMITS:

Permits expire on the date of expiration listed on the permit. No renewal application can be processed if it has expired prior to the permit renewal application being filed with the Town.

5.40.130:

5.40.140:

5.40.150: ABANDONMENT:

Applications which do not include all required information shall be deemed incomplete within thirty (30) calendar days from application submittal. After applicant’s notice of incomplete application is sent, the application must be complete within forty-five (45) calendar days or application will be deemed abandoned.

5.40.160 APPLICATION WAITING LIST PROCEDURE:

As detailed in 5.40.090, after the maximum number of issued Temporary Short-Term Vacation Rental Permits is reached, completed applications shall be placed on a waiting list in the order received. The temporary short-term vacation rental permit application shall be accompanied by a waitlist fee as established by resolution of the Town Council. When a TSTVR permit becomes available, application(s) on the waiting list will be processed in the order received.

5.40.170 TRANSFERABILITY:

A TSTVR license may be transferred if the following conditions have been met, however operation of the vacation rental shall cease until such time as the application for transfer has been processed and issued except where the same local contact person as the prior operator is maintained until issuance of the transfer. Transfers processed in accordance with this section are not subject to waiting list procedures in Section 5.40.160 and shall be processed ahead of any applications on the waiting list.

A. The TSTVR license has not expired.

B. No verifiable complaints have been made against the TSTVR.

C. The TSTVR purchaser has paid all TSTVR license fees, submitted all application materials, and submitted a written statement that operation shall cease unless the same local contact person as the prior operator is maintained until issuance of the transfer.

D. The TSTVR seller and the TSTVR purchaser have submitted a notarized acknowledgement of the sale of the TSTVR and the transfer of the TSTVR license.

SECTION 2. SEVERABILITY
The Town Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 3. CEQA
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal.

Code Regs. § 15378. The Town Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days from its adoption by the Town Council of the Town of Yucca Valley.

SECTION 5. PUBLICATION
The Town Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the Town in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).

SECTION 6. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the Town Council held on the 15th day of September, 2026, by the following vote:

Ayes:

Noes:

Absents:

Abstains:
______________________________
Merl Abel, Mayor
ATTEST:
____________________________
Brooke Dudra, Town Clerk

Item: 9.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Frank Luckino, Deputy Town Manager
Date: September 9, 2026
Meeting Date: September 15, 2026
Subject: Termination of Lease Agreement with Morongo Unified School District for the Yucca Valley High School Swimming Pool
Recommendation:

Receive and File the report of Termination of Lease Agreement with Morongo Unified School District for the Yucca Valley High School Swimming Pool.

Prior Review:

The most recent lease approval was in October 2015.

Discussion:

The Town and MUSD have maintained a long-standing cooperative relationship for community use of the swimming pool located at Yucca Valley High School. The current lease framework dates to 2003 and provides the Town use of the swimming pool area and appurtenant facilities in support of the Town's recreational programming. The lease established an initial five-year term beginning October 1, 2003, followed by successive annual renewals.

The opening of YVARC will provide the Town with a dedicated municipal facility for aquatics, recreation, and related community programming. As the Town transitions aquatic services to YVARC, continued Town operation and maintenance of the MUSD swimming pool is no longer necessary for delivery of the Town's recreation programs. Terminating the lease will eliminate duplicative facility responsibilities and allow Town staff and resources to be concentrated at YVARC.

The lease provides two relevant mechanisms: the Town may elect not to renew an annual term by providing ninety (90) days written notice, and it may terminate the lease at any time upon thirty (30) days written notice when circumstances make continued operation and maintenance unrealistic. Because YVARC will assume the community aquatic and recreation functions historically supported through the school pool, staff recommends that the Town Manager or designee be authorized to coordinate the effective termination date with MUSD and execute

the appropriate notice or mutual termination documentation.

Staff has communicated the termination of the lease with MUSD and officially turned over the pool to the District on September 9, 2026.

Alternatives
None recommneded.

Fiscal Impact:

Upon termination of the lease, all Town operational costs associated with the Yucca Valley High School will terminate.

Attachments

1. MUSD pool lease documents

2. Facility Turnover Checklist

FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT T0THE LEASE AGREEMENT iuexecuted this of 06hkA, 2O|5,bvand between M(J0( JNGOUNlFlED SCHOOL DISTRICT (" MUSD`or Leaoor) and the TOWN () FYUCCA VALLEY, opublic body, corporate and politic <^^Town" or "Lessee") ( collectively, the "Parties").

RflC| 7A|^SA. M0SQisthe
owner ofuhigh school
site knows as Yucca Valley High School, located at760Sage Avenue, Yucca Valley, California r^Premises` lB. MU6Dmd TOWN previously entered into Lease Agreement ( the "Original gnecooent-) dated October \, 2003 inwhich MU8D | cuaedb) T()WN aportion ofthe Premises known as the Yucca Valley High School swimming pool area and further described in Appendix and |)o[the Original Agreement. C. It is the intent nfthe parties
k` continue T(}WN`Sleasing ofthe Premises under the terms contained in the Original Agreement but add or change certain 0onnm and conditions to the Original Agreement by way of this First Amendment. AMENDMENT PROVISIONS NOW, THEREFORE, the parties hereto agree to
amend the Original Lease Agreement as 8. MAINTENANCE AND REPAIRS — Section 3.02 of the Original is deleted in its entirety and replaced with the following: During theterm ofthis Lease, TOWN
shall, at Tovvn` uown cost and cspeomo, including chemical cost, keep and maintain the [caucd Premises ingood order and condition and make all necessary repairs of the Leased ym: nniseo, including such repairs related tothe routine use ofthe facility. Major repairs, orany repair exceeding $\O,O0O, shall beidentified through collaboration ofboth TOWN and MO8D, and cost and operational responsibility ofsuch repair, mhu|| hrdc1soninrd through mutual agreement ofboth parties. 2, UTILITIES — Section 3.07 of the Original is deleted in
its entirety and replaced with the following: M0S0 mhuU pay all charges incurred for thefurnishings of gas,
electricity, water and m»Ud waste service during the t:nn of this Lease. TOWN ubnU pay all charges for the furnishing of telephone, iutonmet and m|unn service during the 0con ofthis Lease directly toprovider, unless otherwise agreed to by both pmrtiea.,` MIS POOL LEASE — Is' AMENDMENT

3, — Section 4. O| 5iyadded tothe Agreement as Section

4.015 — Priority of Use — Each party hereby grants 10the other party upriorityin the use of the Premises in accordance with the annual schedule approved between parties. Inthe annual schedule for the use of the Premises, it is ugrnmj that the TOWN, s Summer Aquatics Program ohu|| have first priority. Itis further agreed thatut all other times, M0SQprogramming shall have first priurity." 4. INSURANCE IS
PRIMARY - Section 5.O]ofthe Original Agcoement is deleted inits entirety and replaced with thefollowing: 5.07 — Insurance is
Primary. Qmimg the Summer Aquatics Program, and any other time during Town Programming ofthe Premises, insurance obtained 6vTOWN shall he primary and non- contributory with any insurance or self- insurance programs covered by MUSD, but not to MUSD for its own ootm or omissions. During all other time of MUSDprogramming ofthe Premises, insurance obtained by MO30obuU beprimaryand non-contributory with any insurance ofself-insurance prograrns covered by TOWN, but not to TOWN forits own acts or omissions. 5. NO OTHER CHANGES. Except uuexpressly provided for inthis First theterms ofthe Original Agreement shall remain in full force and effect as written. All terms used herein and not defined herein but defined in the Original Agreement shall have the meaning given 10such terms inthe Original Agreement. lnthe event ofany conflict between the terms ufthis First Amendment and the Original Agreement, the terms ofthis First Amendment shall control. SIGNATURES ON FOLLOWING PAGE] MIS pooc/sAxs-I° xmovmwswr

IN WITNESS WHEREOF, Lessor and Lessee have executed this First Amendment as of the date first written above.

LESSOR"
MORON IFIED SCA401( DISTRICT
By:

Name: Sharon Flores
Dated:

Title: Assistant Superintendent
LESSEE"

TO OF YUC A VALLEY
Dated: By.

George Huntington, k4ayor
ATTEST:

By:

Lesley Copeland, Town Clerk
APPROVED AS TO FORM:

I. E
By:
ymon, To y
YVFIS POOL LEASE- I` AMENDMENT

LEASE AGREEMENT
THIS LEASE AGREEMENT (" Lease") is made and entered into as of this ts`( day of t),4,,' rr 2003, by and between MORONGO UNIFIED SCHOOL DISTRICT (" MUSD") and the TOWN OF YUCCA VALLEY, a municipal corporation (" TOWN").

RECITALS
A. MUSD is the owner of a high school site known as Yucca Valley High School, 7600 Sage Avenue, Yucca Valley, California ( the " Premises").

B. TOWN desires to use a portion of the premises known as the Yucca Valley High School swimming pool area and further described in appendix I & 11 for recreational purposes in support of the TOWN' s general recreational program.

C. MUSD and TOWN desire by this Lease to provide the terms and conditions of the Lease of the portion of the Premises described in appendix I & 11 and hereinafter referred to as Leased Premises pursuant to former Education Code section 39500 et. seq. and in accordance with Education Code section 35160 et seq. (" The Permissive Education Code").

FM" . 1-1 Do 4 a I Do a
NOW, THEREFORE, MUSD hereby leases to TOWN, and TOWN leases from MUSD, the Leased Premises, subject to the terms and conditions set forth in this Lease:

F4V,,7,# yrfJJW
rfflqu ! _

1. 01. Original Term. The term of this Lease shall be for a period of five ( 5) years commencing at 12: 01 A.M. on October 1, 2003, and ending at 12: 01 A.M. on September 30, 2008 providing however that this Lease shall be renewed annually for successive one year terms unless Town gives MUSD ninety ( 90) days written notice of its intention not to renew and further that Town retains the ability to terminate the Lease at any time upon thirty ( 30) days written notice upon circumstances which would make further operation and maintenance of the leased premises unrealistic, but further provided that Town Complies with Title 24 code of Federal Regulations Section 570. 505 Use of Real Property.. 1 of 10

ARTICLE 11

CONSIDERATION

2. 01 Consideration. TOWN agrees to pay MUSD annual rent for each year during the term of this lease in the amount of $1. 00 ( one dollar) per year payable on October I" of the first year this Lease is in effect and on July I" of each subsequent year.

2. 02 Use of Premises. TOWN shall have access to, and the right to use the Leased Premises and its appurtenances and shall be entitled to store items of personal property at the Leased Premises during the term of this Lease, and further retains the ability to construct any storage facilities deemed necessary subject to the prior approval of MUSD which approval shall not be unreasonably withheld. MUSD shall not be liable for loss of or damage to such stored items.

2. 03 Parking Spaces. During the time when school is in regular session during the regular school year defined as the period commencing on the first day of school in August and terminating on the last day of school in June, TOWN shall use off -site parking. During all other times, TOWN shall be entitled to use any available parking spaces, proximate to the Leased Premises for parking of TOWN' s employees', officers' customers' and guests' motor vehicles.

TOWN shall hold MUSD harmless from any damage or injury arising from the use of said parking spaces. Where a significant change in the school' s schedule is approved by the Board of Education, the actual scheduled school year shall become the basis for determining off site parking.

ARTICLE III

REPAIRS, MAINTENANCE AND LIABILITY

3. 01 Present Condition of Premises. TOWN agrees to take the Leased Premises " as is" and to make any necessary improvements, repairs and/or maintenance including, without limitation, to meet the needs of the TOWN for a swimming pool including the construction of any fencing or other improvements necessary for security. Prior to taking any action to physically alter the Premises, TOWN agrees to seek the written consent of MUSD with respect to the proposed improvements of the Premises which consent shall not be unreasonably withheld.

In undertaking any construction with respect to the Premises, TOWN agrees to comply with all laws and regulations applicable to construction by both MUSD and TOWN.

3. 02 Maintenance and Repairs. During the term of this Lease, TOWN shall, at TOWN' s own cost and expense, keep and maintain the Leased Premises in good order and condition and make all necessary repairs of the Leased Premises; provided, however, that MUSD shall be required to make any repairs to the Premises that are rendered necessary by the negligence of or abuse of that property by MUSD or any employees, agents, or permittees of MUSD.

3. 03 Improvements and Fixtures. Any permanent alterations, improvements or installations made by TOWN to the Premises which can not be removed without permanent 2 of 10

damage to the Leased Premises shall become the property of MUSD upon the termination of this Lease.

3. 04 Liens.
a) TOWN agrees to keep all of the Leased Premises and every part thereof free and clear of any and all mechanics', material men' s and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of TOWN; any alteration, improvement, or repairs or additions that TOWN may make or permit or cause to be made; or any obligations of any kind incurred by TOWN. TOWN further agrees to pay promptly and fully and discharge any and all claims on which any such lien may or could be based, and to save and hold MUSD and all of the Premises and any other improvements on the Premises free and harmless from any and all such liens and claims ofliens and suits or other proceedings pertaining thereto.

3. 05 MUSD' s Right of Inspection. MUSD or MUSD' s duly authorized agents may enter the Premises at any and all reasonable times during the term of this Lease, including any extended term upon giving reasonable notice, to determine whether TOWN is complying with the terms and conditions of this Lease or to perform any other acts authorized by this Lease to be performed by MUSD or reasonably necessary to protect MUSD' s rights under this Lease.

3. 06 Surrender of Premises. On expiration or earlier termination of this Lease, TOWN shall promptly surrender possession of the Leased Premises in reasonable condition taking into account the condition of the Leased Premises at commencement of the Lease.

3. 07 Utilities. TOWN shall pay all charges incurred for the furnishing of gas, electricity, water, telephone service, alarm service, garbage or refuse service, and other public utilities to the Leased Premises during the term of this Lease. MUSD shall at its sole cost and expense install a water meter for separate metering of the leased facility. Town and MUSD shall arrive at a mutually agreeable percentage split of gas, electricity, garbage and refuse services and any other utilities based on definable previous use and/ or the percentage that the Leased Premises bears to the entire Premises. Town shall be billed for said utilities by MUSD monthly and shall pay them to MUSD within thirty ( 30) days of receipt. Town shall pay telephone and alarm service directly to provider.

ARTICLE IV

USE OF PREMISES

4. 01 Permitted and Prohibited Use of Premises. TOWN shall use Leased Premises for swimming and all other recreational purposes permitted by TOWN and for other reasonable and similar uses and purposes. No alcoholic beverages or tobacco products are permitted on the premises at any time.

4. 02 Compliance With Law. Except as provided by law governing the use of chemicals for the operation of the pool facility, TOWN shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises or that might be considered hazardous by a responsible insurance company, unless the prior written consent of MUSD is obtained and proof 3of10

of adequate insurance protection is provided by TOY -IN to MUSD. TOWN agrees that it shall comply with all applicable requirements and regulations of the County Health Department and County Fire Department.

4. 03 Training of Personnel. TO" represents and warrants that all persons employed by TOWN in use of Premises shall be properly trained and possess all appropriate certifications of such training, including, but not limited to, all applicable CPR certifications, Lifeguard/Life Safety Certifications, and certification to handle any chemicals or hazardous materials.

4. 04 TOWN shall have full responsibility and accountability to the County Health Department and County Fire Department for the maintenance and storage of all chemicals kept at the facility as required by law during the term ofthe Lease. MUSD warrants that to the best of its knowledge all chemicals currently at the Leased Premises are maintained and stored in full compliance with all applicable regulations of the County Health Department and County Fire Department

ARTICLE V

INSURANCE

5. 01 Public Liability, Property Damage and Automobile Insurance. TOWN shall, at its own cost and expense, secure and maintain during the entire term of this Lease and any extended term of this Lease, public liability, property damage and automobile insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with TOWN' s occupation and use of the Premises under this Lease in amounts not less than:
b) $ 1, 000, 000 ( One Million Dollars) for injury to or death of one person and, subject to the limitation for the injury or death of one person, of not less than $ 2, 000, 000 Two Million Dollars) for injury to or death of two or more persons as a result of any one accident or incident; and
c) $ 500, 000 ( Five Hundred Thousand Dollars) for property damage. d) $ 1, 000, 000 ( One Million Dollars) combined single limit per accident.

The policy shall name MUSD as an additional insured and shall be issued by either a California admitted insurer or similar entity, formed for the purpose of providing insurance to public entities. Town is a public entity and is self insured.

5. 02 Workers' Compensation Insurance. TOWN shall maintain in effect throughout the term of this Lease, at its own cost, Workers' Compensation insurance in accordance with the laws of California, and employers' liability insurance.

5. 03 Insurance is Primary. Insurance obtained by TOWN shall be primary and noncontributory with any insurance or self-insurance programs covered by MUSD but not to MUSD for its own acts or omissions.
4 of 10

5. 04 Public Liability, Property Damage and Automobile Insurance. MUSD shall, at its own cost and expense, secure and maintain during the entire term of this Lease and any extended term of this Lease, public liability, property damage and automobile insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with MUSD' s obligation under this Lease in amounts not less than:
a) $ 1, 000,000 (One Million Dollars) for injury to or death of one person and, subject to the limitation for the injury or death of one person, of not less than $ 2, 000, 000 ( Two Million Dollars) for injury to or death of two or more persons as a result of any one accident or incident; and
b) $ 500, 000 ( Five Hundred Thousand Dollars) for property damage. c) $ 1, 000,000 (One Million Dollars) combined single limit per accident.

The policy shall name TOWN as an additional insured and shall be issued by either a California admitted insurer or similar entity, formed for the purpose of providing insurance to public entities.

5. 05 Workers' Compensation Insurance. MUSD shall maintain in effect throughout the term of this Lease, at its own cost, Workers' Compensation insurance in accordance with the laws of California, and employers' liability insurance.

5. 06 Cancellation Clause. Each policy of insurance procured by any party pursuant to this Article shall expressly provide that it cannot be canceled for any reason or altered in any manner unless at least ten ( 10) days prior written notice has been given by the insurance company issuing the policy to the other party in the manner specified in this Lease for service of notices.

5. 07 Deposit of Insurance Policies. Promptly on the issuance, reissuance, or renewal of any insurance policy required by this Lease, including fire and liability insurance policies, each party shall cause a duplicate copy of the policy or a certificate evidencing the policy and executed by the insurance company issuing the policy or its authorized agent to be given to the other party.

ARTICLE VI

MUTUAL INDEMNIFICATION

6. 01 TOWN' s Hold -Harmless Clause. TOWN agrees to hold harmless, defend, and indemnify MUSD against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever ( except where such injury, death, loss, or damage was due to the acts or omissions of MUSD, its agents, servants, or employees), whenever such injury, death, loss, damage or claim is a consequence of, or arises out of the use of the Leased Premises by TOWN or its agents, servants, or employees, including without limitation, negligent acts or omissions of TOWN.
5of10

6. 02 MUSD' s Hold -Harmless Clause. MUSD agrees to hold harmless, defend, and indemnify TOWN against all actions, claims, or demands for injury, death, loss, or damage, regardless of fault or cause, by anyone whomsoever ( except where such injury, death, loss, or damage was due to the acts or omissions of TOWN, its agents, servants, or employees), whenever such injury, death, loss or damage is a consequence of, or arises out of the use of the Leased Premises by MUSD or its agents, servants, or employees, including without limitation, negligent acts or omissions of MUSD .

ARTICLE VII

DEFAULT AND REMEDIES

7. 01 Remedies on Default. If either party breaches this Lease before the natural expiration of the term of this Lease, the nondefaulting party shall have any remedy given such party by law or equity.

7. 02 Defaults. All covenants and agreements contained in this Lease are declared to be conditions to this Lease. The following shall constitute a material default and breach of this Lease:
a) Any failure of a party to pay any amount under this Lease when due when the failure continues for ten ( 10) days after written notice to pay that amount or surrender possession ofthe Premises is served by either party on the other party to this Lease. b) Any failure of a party to perform any other covenant, condition, or agreement contained in this Lease when the failure is not cured within thirty ( 30) days after written notice of the specific failure is given by either party on the other party to this Lease.

7. 03 Cumulative Remedies. The remedies granted in this Article shall not be exclusive but shall be cumulative and in addition to all other remedies now or hereafter allowed by law or authorized in this Lease.

7. 04 Waiver of Breach. The waiver of any breach of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent default or breach either of the same or a different provision of this Lease.

ARTICLE VIII

MISCELLANEOUS

8. 01 Survival of Obligations. Obligations of TOWN and MUSD to indemnify shall survive termination of this Lease.

8. 02 Notices. Except as otherwise expressly provided by law, any notice, request, information or other document to be given hereunder to any of the parties by any other parties shall be in writing and shall be deemed given and served upon delivery, if delivered personally, or three ( 3) days after mailing if sent by certified mail, postage prepaid, as follows:
6 of 10

If to Morongo Unified If to Town of Yucca Valley
School District
Morongo Unified School District Town of Yucca Valley
Attn: Business Services Attn: Town Manager
5715 Utah Trail 57090 Twentynine Palms Hwy.

Twentynine Palms, CA 92277 Yucca Valley, CA 92284
Such addresses may be changed from time to time by either party by providing notices set forth above.

8. 03 Attorneys' Fees. If any litigation, including arbitration proceedings, is commenced between the parties to this Lease concerning the Premises, this Lease, or the rights and duties of either in relation to this Lease, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys' and expert witnesses' fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

8. 04 Binding and Successors. This Lease shall be binding on and shall inure to the benefit of the administrators, successors, and assigns of MUSD and TOWN, but nothing contained in this section shall be construed as a consent by MUSD to any assignment of this Lease or any interest in this Lease by TOWN.

8. 05 Time of Essence. Time is expressly declared to be of the essence in this Lease.

8. 06 Recitals. The Recitals are incorporated into this agreement as though fully set forth herein.

8. 07 Entire Agreement/ Amendment. This instrument contains the entire agreement between MUSD and TOWN respecting the Premises, the Leased Premises the leasing of the Premises to TOWN, and there are no other promises, conditions or other agreements, whether oral or written, between the parties. The Lease may be modified or amended in writing, if the writing is signed by the parties obligated under the amendment. Said amendment shall subsequently become part of this Lease for the remainder of term thereof.

8. 08 Severability. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable. Ifthe court finds that any provision in this Lease is invalid or unenforceable, but that by limiting such provisions would become valid and enforceable, then such provision( s) should be deemed to be written, construed and enforced as so limited.

8. 09 Waiver. The failure of either party to enforce any provision of this Lease shall not be constituted as a waiver or limitation to that party' s right to subsequently enforce and compel strict compliance with every provision of the Lease.

8. 10 Cumulative Rights. The parties under this Lease shall not be construed as exclusive unless otherwise required by law.
7of10

8. 11 Governing Law. This Lease shall be construed in accordance with the laws of the State of California
IN WITNESS WHEREOF, the parties have entered into this Lease as of the day set forth above.

Dated: - 2-6 - 10 , 2003 MORONGO
U-M
Dated: 1 - / b 2003 TC
ATTEST
Town Clerk

APPROVED AS TO FORM
Naomi Silvergleid, To6rh Attorney
L-09

IED SCHOOL DISTRICT
8 of 10

Appendix I
11 * T4131 W N COMIJ a 9 11,
All real and personal property situated within the perimeter block walls and fence and gate structures which support the operation of the Yucca Valley High School Swimming Pool. 9 of 10

Appendix 11

DESCRIPTION OF FACILITY
The swimming pool complex at Yucca Valley High School is situated on the south- western area of the campus improvements. It generally includes the swimming pool, pool decking, pool pump building( s) and equipment, and the existing block walls and chain link gates, etc. which segregate the pool complex from the campus proper.

Schematic diagram appears below.

To be provided by MU
YQCr-A\ JALLG=-'f VAV.-IM c-" 00
5W jMM jNjCi POOL- GC< AUT\(
AiJ
LCKJE- 9, 40
A
10 of 10 01

September 23, 2003
Morongo Unified School District
Attn: Business Services
5715 Utah Trail
Twentynine Palms, CA 92277
Re: Yucca Valley High School Pool Lease and Joint Use Agreement Dear Sirs:

Enclosed please find three copies of the Yucca Valley High School Pool Lease and two copies of the Joint Use Agreement for locker room facilities between the Town of Yucca Valley and Morongo Unified School District. These agreements were approved by the Town Council at their meeting of September 18, 2003.

Please return fully executed copies to my office for filing. If you have any questions, or need any further information please feel free to contact me at 760) 369- 7209.

Sincerely,
JANET M. ANDERSON, CMC
Town Clerk
Encl.

LEASE AGREEMENT
THIS LEASE AGREEMENT (" Lease") is made and entered into as of this _ day of 2003, by and between MORONGO UNIFIED SCHOOL DISTRICT (" MUSD") and the TOWN OF YUCCA VALLEY, a municipal corporation (" TOWN").

RECITALS
A. MUSD is the owner of a high school site known as Yucca Valley High School, 7600 Sage Avenue, Yucca Valley, California (the " Premises").

B. TOWN desires to use a portion of the premises known as the Yucca Valley High School swimming pool area and further described in appendix I & 11 for recreational purposes in support of the TOWN' s general recreational program.

C. MUSD and TOWN desire by this Lease to provide the terms and conditions of the Lease of the portion of the Premises described in appendix I & 11 and hereinafter referred to as Leased Premises pursuant to former Education Code section 39500 et. seq. and in accordance with Education Code section 35160 et seq. (" The Permissive Education Code").

AGREEMENT
NOW, THEREFORE, MUSD hereby leases to TOWN, and TOWN leases from MUSD, the Leased Premises, subject to the terms and conditions set forth in this Lease:

ARTICLE I

TERM OF LEASE

1. 01. Original Tenn. The term of this Lease shall be for a period of five ( 5) years commencing at 12: 01 A.M. on October 1, 2003, and ending at 12: 01 A.M. on September 30, 2008 providing however that this Lease shall be renewed annually for successive one year terms unless Town gives MUSD ninety ( 90) days written notice of its intention not to renew and further that Town retains the ability to terminate the Lease at any time upon thirty ( 30) days written notice upon circumstances which would make further operation and maintenance of the leased premises unrealistic, but further provided that Town Complies with Title 24 code of Federal Regulations Section 570. 505 Use of Real Property.. 1 of 10

ARTICLE 11

CONSIDERATION

2. 01 Consideration. TO" agrees to pay MUSD annual rent for each year during the term of this lease in the amount of $ 1. 00 ( one dollar) per year payable on October Is' of the first year this Lease is in effect and on July Is' of each subsequent year.

2. 02 Use of Premises. TOWN shall have access to, and the right to use the Leased Premises and its appurtenances and shall be entitled to store items of personal property at the Leased Premises during the term of this Lease, and further retains the ability to construct any storage facilities deemed necessary subject to the prior approval of MUSD which approval shall not be unreasonably withheld. MUSD shall not be liable for loss of or damage to such stored items.

2. 03 Parking Spaces. During the time when school is in regular session during the regular school year defined as the period commencing on the first day of school in August and terminating on the last day of school in June, TOWN shall use off -site parking. During all other times, TOWN shall be entitled to use any available parking spaces, proximate to the Leased Premises for parking of TOW"N' s employees', officers' customers' and guests' motor vehicles.

TOWN shall hold MUSD harmless from any damage or injury arising from the use of said parking spaces. Where a significant change in the school' s schedule is approved by the Board of Education, the actual scheduled school year shall become the basis for determining off site parking.

FIX117walwam

REPAIRS, MAINTENANCE AND LIABILITY

3. 01 Present Condition of Premises. TOWN agrees to take the Leased Premises " as is" and to make any necessary improvements, repairs and/ or maintenance including, without limitation, to meet the needs of the TOWN for a swimming pool including the construction of any fencing or other improvements necessary for security. Prior to taking any action to physically alter the Premises, TOWN agrees to seek the written consent of MUSD with respect to the proposed improvements of the Premises which consent shall not be unreasonably withheld.

In undertaking any construction with respect to the Premises, TOWN agrees to comply with all laws and regulations applicable to construction by both MUSD and TOWN.

3. 02 Maintenance and Repairs. During the term of this Lease, TOWN shall, at TOWN' s own cost and expense, keep and maintain the Leased Premises in good order and condition and make all necessary repairs of the Leased Premises; provided, however, that MUSD shall be required to make any repairs to the Premises that are rendered necessary by the negligence of or abuse of that property by MUSD or any employees, agents, or permittees of MUSD.

3. 03 Improvements and Fixtures. Any permanent alterations, improvements or installations made by TOWN to the Premises which can not be removed without permanent 2 of 10

damage to the Leased Premises shall become the property of MUSD upon the termination of this Lease.

3. 04 Liens.
a) TOWN agrees to keep all of the Leased Premises and every part thereof free and clear of any and all mechanics', material men' s and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of TOWN; any alteration, improvement, or repairs or additions that TOWN may make or permit or cause to be made; or any obligations of any kind incurred by TOWN. TOWN further agrees to pay promptly and fully and discharge any and all claims on which any such lien may or could be based, and to save and hold MUSD and all of the Premises and any other improvements on the Premises free and harmless from any and all such liens and claims of liens and suits or other proceedings pertaining thereto.

3. 05 MUSD' s Right of Inspection. MUSD or MUSD' s duly authorized agents may enter the Premises at any and all reasonable times during the term of this Lease, including any extended term upon giving reasonable notice, to determine whether TOWN is complying with the terms and conditions of this Lease or to perform any other acts authorized by this Lease to be performed by MUSD or reasonably necessary to protect MUSD' s rights under this Lease.

3. 06 Surrender of Premises. On expiration or earlier termination of this Lease, TOWN shall promptly surrender possession of the Leased Premises in reasonable condition taking into account the condition of the Leased Premises at commencement of the Lease.

3. 07 Utilities. TOWN shall pay all charges incurred for the furnishing of gas, electricity, water, telephone service, alarm service, garbage or refuse service, and other public utilities to the Leased Premises during the term of this Lease. MUSD shall at its sole cost and expense install a water meter for separate metering ofthe leased facility. Town and MUSD shall arrive at a mutually agreeable percentage split of gas, electricity, garbage and refuse services and any other utilities based on definable previous use and/ or the percentage that the Leased Premises bears to the entire Premises. Town shall be billed for said utilities by MUSD monthly and shall pay them to MUSD within thirty ( 30) days of receipt. Town shall pay telephone and alarm service directly to provider.

ARTICLE IV

USE OF PREMISES

4. 01 Permitted and Prohibited Use of Premises. TOWN shall use Leased Premises for swimming and all other recreational purposes permitted by TOWN and for other reasonable and similar uses and purposes. No alcoholic beverages or tobacco products are permitted on the premises at any time.

4. 02 Compliance With Law. Except as provided by law governing the use of chemicals for the operation of the pool facility, TOWN shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises or that might be considered hazardous by a responsible insurance company, unless the prior written consent of MUSD is obtained and proof 3of10

of adequate insurance protection is provided by TOWN to MUSD. TOWN agrees that it shall comply with all applicable requirements and regulations of the County Health Department and County Fire Department.

4. 03 Training of Personnel. TOWN represents and warrants that all persons employed by TOWN in use of Premises shall be properly trained and possess all appropriate certifications of such training, including, but not limited to, all applicable CPR certifications, Lifeguard/Life Safety Certifications, and certification to handle any chemicals or hazardous materials.

4. 04 TOWN shall have full responsibility and accountability to the County Health Department and County Fire Department for the maintenance and storage of all chemicals kept at the facility as required by law during the term ofthe Lease. MUSD warrants that to the best of its knowledge all chemicals currently at the Leased Premises are maintained and stored in full compliance with all applicable regulations of the County Health Department and County Fire Department

ARTICLE V
I Q &111VANto]

5. 01 Public Liability, Property Damage and Automobile Insurance. TOWN shall, at its own cost and expense, secure and maintain during the entire term of this Lease and any extended term of this Lease, public liability, property damage and automobile insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with TOWN' s occupation and use of the Premises under this Lease in amounts not less than:
b) $ 1, 000, 000 ( One Million Dollars) for injury to or death of one person and, subject to the limitation for the injury or death of one person, of not less than $ 2, 000, 000 Two Million Dollars) for injury to or death of two or more persons as a result of any one accident or incident; and
c) $ 500,000 (Five Hundred Thousand Dollars) for property damage. d) $ 1, 000, 000 ( One Million Dollars) combined single limit per accident.

The policy shall name MUSD as an additional insured and shall be issued by either a California admitted insurer or similar entity, formed for the purpose of providing insurance to public entities. Town is a public entity and is self insured.

5. 02 Workers' Compensation Insurance. TOWN shall maintain in effect throughout the term of this Lease, at its own cost, Workers' Compensation insurance in accordance with the laws of California, and employers' liability insurance.

5. 03 Insurance is Primary. Insurance obtained by TOWN shall be primary and noncontributory with any insurance or self-insurance programs covered by MUSD but not to MUSD for its own acts or omissions.
4 of 10

5. 04 Public Liability, Property Damage and Automobile Insurance. MUSD shall, at its own cost and expense, secure and maintain during the entire term of this Lease and any extended term of this Lease, public liability, property damage and automobile insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with MUSD' s obligation under this Lease in amounts not less than:
a) $ 1, 000, 000 ( One Million Dollars) for injury to or death of one person and, subject to the limitation for the injury or death of one person, of not less than $ 2, 000, 000 ( Two Million Dollars) for injury to or death of two or more persons as a result of any one accident or incident; and
b) $ 500,000 (Five Hundred Thousand Dollars) for property damage. c) $ 1, 000, 000 ( One Million Dollars) combined single limit per accident.

The policy shall name TOWN as an additional insured and shall be issued by either a California admitted insurer or similar entity, formed for the purpose of providing insurance to public entities.

5. 05 Workers' Compensation Insurance. MUSD shall maintain in effect throughout the term of this Lease, at its own cost, Workers' Compensation insurance in accordance with the laws of California, and employers' liability insurance.

5. 06 Cancellation Clause. Each policy of insurance procured by any party pursuant to this Article shall expressly provide that it cannot be canceled for any reason or altered in any manner unless at least ten ( 10) days prior written notice has been given by the insurance company issuing the policy to the other party in the manner specified in this Lease for service of notices.

5. 07 Deposit of Insurance Policies. Promptly on the issuance, reissuance, or renewal of any insurance policy required by this Lease, including fire and liability insurance policies, each party shall cause a duplicate copy of the policy or a certificate evidencing the policy and executed by the insurance company issuing the policy or its authorized agent to be given to the other party.

MUTUAL INDEMNIFICATION

6. 01 TOWN' s Hold -Harmless Clause. TOWN agrees to hold harmless, defend, and indemnify MUSD against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever ( except where such injury, death, loss, or damage was due to the acts or omissions of MUSD, its agents, servants, or employees), whenever such injury, death, loss, damage or claim is a consequence of, or arises out of the use of the Leased Premises by TOWN or its agents, servants, or employees, including without limitation, negligent acts or omissions of TOWN.
5of10

6. 02 MUSD' s Hold -Harmless Clause. MUSD agrees to hold harmless, defend, and indemnify TOWN against all actions, claims, or demands for injury, death, loss, or damage, regardless of fault or cause, by anyone whomsoever ( except where such injury, death, loss, or damage was due to the acts or omissions of TOWN, its agents, servants, or employees), whenever such injury, death, loss or damage is a consequence of, or arises out of the use of the Leased Premises by MUSD or its agents, servants, or employees, including without limitation, negligent acts or omissions of MUSD .

ARTICLE VII

DEFAULT AND REMEDIES

7. 01 Remedies on Default. If either party breaches this Lease before the natural expiration of the term of this Lease, the nondefaulting party shall have any remedy given such party by law or equity.

7. 02 Defaults. All covenants and agreements contained in this Lease are declared to be conditions to this Lease. The following shall constitute a material default and breach of this Lease:
a) Any failure of a party to pay any amount under this Lease when due when the failure continues for ten ( 10) days after written notice to pay that amount or surrender possession of the Premises is served by either party on the other party to this Lease. b) Any failure of a party to perform any other covenant, condition, or agreement contained in this Lease when the failure is not cured within thirty ( 30) days after written notice ofthe specific failure is given by either party on the other party to this Lease.

7. 03 Cumulative Remedies. The remedies granted in this Article shall not be exclusive but shall be cumulative and in addition to all other remedies now or hereafter allowed by law or authorized in this Lease.

7. 04 Waiver of Breach. The waiver of any breach of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent default or breach either of the same or a different provision of this Lease.

ARTICLE VIII

MISCELLANEOUS

8. 01 Survival of Obligations. Obligations of TOWN and MUSD to indemnify shall survive termination of this Lease.

8. 02 Notices. Except as otherwise expressly provided by law, any notice, request, information or other document to be given hereunder to any of the parties by any other parties shall be in writing and shall be deemed given and served upon delivery, if delivered personally, or three ( 3) days after mailing if sent by certified mail, postage prepaid, as follows:
6 of 10

If to Morongo Unified
School District
Morongo Unified School District
Attn: Business Services
5715 Utah Trail
Twentynine Palms, CA 92277
If to Town of Yucca Valle
Town of Yucca Valley
Attn: Town Manager
57090 Twentynine Palms Hwy.

Yucca Valley, CA 92284
Such addresses may be changed from time to time by either party by providing notices set forth above.

8. 03 Attorneys' Fees. If any litigation, including arbitration proceedings, is commenced between the parties to this Lease concerning the Premises, this Lease, or the rights and duties of either in relation to this Lease, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys' and expert witnesses' fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

8. 04 Binding and Successors. This Lease shall be binding on and shall inure to the benefit of the administrators, successors, and assigns of MUSD and TOWN, but nothing contained in this section shall be construed as a consent by MUSD to any assignment of this Lease or any interest in this Lease by TOWN.

8. 05 Time of Essence. Time is expressly declared to be of the essence in this Lease.

8. 06 Recitals. The Recitals are incorporated into this agreement as though fully set forth herein.

8. 07 Entire Agreement/Amendment. This instrument contains the entire agreement between MUSD and TOWN respecting the Premises, the Leased Premises the leasing of the Premises to TOWN, and there are no other promises, conditions or other agreements, whether oral or written, between the parties. The Lease may be modified or amended in writing, if the writing is signed by the parties obligated under the amendment. Said amendment shall subsequently become part of this Lease for the remainder of term thereof.

8. 08 Severability. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable. If the court finds that any provision in this Lease is invalid or unenforceable, but that by limiting such provisions would become valid and enforceable, then such provision( s) should be deemed to be written, construed and enforced as so limited.

8. 09 Waiver. The failure of either party to enforce any provision of this Lease shall not be constituted as a waiver or limitation to that party' s right to subsequently enforce and compel strict compliance with every provision of the Lease.

8. 10 Cumulative Rights. The parties under this Lease shall not be construed as exclusive unless otherwise required by law.
7 of 10

8. 11 Governing Law. This Lease shall be construed in accordance with the laws of the State of California
IN WITNESS WHEREOF, the parties have entered into this Lease as of the day set forth above.

Dated: 92003
Dated:
1" - /
j
1 2003
Evilva-M
n Clerk
I .- TOMA 0 pxlyy IM •
Naomi Silvergleid, Towttorney MORONGO
UNIFIED SCHOOL DISTRICT 0
TOWN
OF YUCCA VALLEYMPage 70 of 477
Appendix I

DESCRIPTION OF PROPERTY
All real and personal property situated within the perimeter block walls and fence and gate structures which support the operation of the Yucca Valley High School Swimming Pool. 9 of 10

Appendix 11

DESCRIPTION OF FACILITY
The swimming pool complex at Yucca Valley High School is situated on the south-western area of the campus improvements. It generally includes the swimming pool, pool decking, pool pump building( s) and equipment, and the existing block walls and chain link gates, etc. which segregate the pool complex from the campus proper.

Schematic diagram appears below.

To be provided by WSD as an attachment to the final executed lease agreement) 10 of 10

JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT (" Joint Agreement") is made and entered into as of this day of , 2003, by and between MORONGO UNIFIED SCHOOL DISTRICT (" MUSD") and the TOWN OF YUCCA VALLEY, a municipal corporation TOV,rN").

RECITALS
A. MUSD and TOWN have entered into a Lease Agreement whereby MUSD has leased to TOWN a swimming pool facility and appurtenant facilities at the Yucca Valley High School described as the Leased Premises.

B. The premises leased by TOWN does not have a locker room facility located on the Leased Premises.

C. MUSD has a locker room facility in close proximity to the Leased Premises.

D. TOWN desires that its citizens have available for their use the locker room, shower and restroom facilities located on MUSD' s Premises for the purpose of persons/guests using the swimming pool to change their clothing.

E. MUSD is willing to permit the use of its locker room showers and restroom facilities by TOWN under the terms and conditions hereinafter set forth.

AGREEMENT
The parties desire this Joint Agreement to provide for terms and conditions for the joint use of the locker room facilities located on MUSD' s premises, pursuant to former Education Code section 39500, et seq. and in accordance with Education Code section 35160 et seg. ( The Permissive Education Code").

NOW, THEREFORE, MUSD hereby agrees to the joint use by TOWN of the use of the locker room located on MUSD' s premises adjacent to the Leased Premises and described in appendix I.

ARTICLE I

TERM OF JOINT USE AGREEMENT

1. 01. Original lgmni. The term of this Joint Agreement shall run concurrently with the terms of the lease executed between MUSD and TOWN for the lease of the Leased Premises. 1 of 3

ARTICLE 11

CONSIDERATION

2. 01. Consideration. TOWN agrees to pay MUSD annual rent for each year during the term of this Joint Agreement the amount of $1. 00 ( one dollar) per year payable on October 1" of the first year this Joint Use Agreement is in effect and on July I" of each subsequent year.

2. 02. Use of Premises. TOWN shall have access to, and the right to use, the locker room facility located on MUSD' s premises for the purposes of providing a suitable place for TOWN' s citizens using the swinuning pool to change their clothing.

ARTICLE III

SCHEDULING OF LOCKER ROOM FACILITY

3. 01. Scheduling of Locker room Facility. A mutually agreeable schedule of dates and times for the use of MUSD' s locker room shall be established annually in advance of the commencement of MUSD school year at a meeting between representatives of MUSD and TOWN. The schedule shall be arranged to avoid a conflict between MUSD and TOWN' s use and to protect the locker room facility.

ARTICLE IV

PRIORITY OF USE

4. 01. Priority of Use. Each party hereby grants to the other party a priority in the use of the locker room facility in accordance with the annual schedule approved between the parties. In the annual schedule for the use of the locker room facility, it is agreed that MUSD shall during the school day, or at other times during the school year that school activities necessitates the use of the locker room, have first priority. The TOWN shall have first priority at all other times.

ARTICLE V

JANITORIAL SERVICES

5. 01. Janitorial Service. Each party at the times of use of the locker room facilities shall keep the facilities in a neat and orderly manner and shall promptly remove all trash and debris of any kind from the locker room premises. TOWN shall provide at its sole cost and expense for the cleaning of the floors, restrooms and the locker room facilities during the portion of the year that MUSD is not in session. MUSD shall provide at its sole cost and expense for the cleaning of the floors, restrooms and locker room facilities during the school year. TO" shall 2 of 3

leave facilities clean and free of trash and debris during any incidental use during the school year.

ARTICLE VI

INDEMNIFICATION AND INSURANCE
The notice indemnification and insurance provisions contained in the Lease between MUSD and TOWN for the Leased Premises shall be amended to include the locker room, shower and restroom facilities and considered to be integrated and incorporated into this Joint Agreement as though fully set forth herein.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day set forth above.

Dated: 2003
Dated: - / i" , 2003
ATTEST
Town Clerk

MORONGO UNIFIED SCHOOL DISTRICT
M.

TOWN OF YUCCA VALLEY
LIZA
3 of 3

JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT (" Joint Agreement") is made and entered into as of this 1- 5-r day of 2003, by and between MORONGO UNIFIED SCHOOL DISTRICT (" MUSD") and the TO" OF YUCCA VALLEY, a municipal corporation TOWN").

RECITALS
A. MUSD and TOWN have entered into a Lease Agreement whereby MUSD has leased to TO" a swimming pool facility and appurtenant facilities at the Yucca Valley High School described as the Leased Premises.

B. The premises leased by TOWN does not have a locker room facility located on the Leased Premises.

C. MUSD has a locker room facility in close proximity to the Leased Premises.

D. TOWN desires that its citizens have available for their use the locker room, shower and restroom facilities located on MUSD' s Premises for the purpose of persons/ guests using the swimming pool to change their clothing.

E. MUSD is willing to permit the use of its locker room showers and restroom facilities by TOWN under the terms and conditions hereinafter set forth.

AGREEMENT
The parties desire this Joint Agreement to provide for terms and conditions for the joint use of the locker room facilities located on MUSD' s premises, pursuant to former Education Code section 39500, et seq. and in accordance with Education Code section 35160 et seq. ( The Permissive Education Code").

NOW, THEREFORE, MUSD hereby agrees to the joint use by TOWN of the use of the locker room located on MUSD' s premises adjacent to the Leased Premises and described in appendix I.

TERM OF JOINT USE AGREEMENT

1. 01. Original ' Term. The term of this Joint Agreement shall run concurrently with the terms ofthe lease executed between MUSD and TOWN for the lease ofthe Leased Premises. 1 of 3

f * .

ARTICLE 11

2. 01. Consideration. WYNN agrees to pay MUSD annual rent for each year during the term of this Joint Agreement the amount of $1. 00 ( one dollar) per year payable on October I' t of the first year this Joint Use Agreement is in effect and on July Is' of each subsequent year.

2. 02. Use of Premises. TOWN shall have access to, and the right to use, the locker room facility located on MUSD' s premises for the purposes of providing a suitable place for TOWN' s citizens using the swimming pool to change their clothing.

ARTICLE III

SCHEDULING OF LOCKER ROOM FACILITY

3. 01. Scheduling of Locker room Facility. A mutually agreeable schedule of dates and times for the use of NIUSD' s locker room shall be established annually in advance of the commencement of MUSD school year at a meeting between representatives of MUSD and TOWN. The schedule shall be arranged to avoid a conflict between MUSD and TOWN' s use and to protect the locker room facility.

ARTICLE IV

4. 01. Priority of Use. Each party hereby grants to the other party a priority in the use of the locker room facility in accordance with the annual schedule approved between the parties. In the annual schedule for the use of the locker room facility, it is agreed that MUSD shall during the school day, or at other times during the school year that school activities necessitates the use of the locker room, have first priority. The TOWN shall have first priority at all other times.

ARTICLE V

JANITORIAL SERVICES

5. 01. Janitorial Service. Each party at the times of use of the locker room facilities shall keep the facilities in a neat and orderly manner and shall promptly remove all trash and debris of any kind from the locker room premises. TOWN shall provide at its sole cost and expense for the cleaning of the floors, restrooins and the locker room facilities during the portion of the year that MUSD is not in session. MUSD shall provide at its sole cost and expense for the cleaning of the floors, restrooms and locker room facilities during the school year. TOWN shall 2 of 3

I .
j ' A.
leave facilities clean and free of trash and debris during any incidental use during the school year.

ARTICLE VI

INDEMNIFICATION AND INSURANCE
The notice indemnification and insurance provisions contained in the Lease between MUSD and TO" for the Leased Premises shall be amended to include the locker room, shower and restroom facilities and considered to be integrated and incorporated into this Joint Agreement as though fully set forth herein.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day set forth above.

Dated: 2003
Dated: '- / Y" 2003
Town Clerk

MORONGO UNIFIED SCHOOL DISTRICT
0 I ILI] &Vato] aVEOBINAl"- w
L'In
3 of 3

Appendix II

DESCRIPTION OF FACILITY
The swimming pool complex at Yucca Valley High School is situated on the south- western area of the campus improvements. It generally includes the swimming pool, pool decking, pool pump building( s) and equipment, and the existing block walls and chain link gates, etc. which segregate the pool complex from the campus proper.

Schematic diagram appears below.

To be provided by MUS
YV CCA \/ AUJ---`f 1- i l N.SeH
sw mm WC4 boL- eACA jT`(
A,4a

1.- 0CKJE`R- s
NOS
xecuted ease a eement)
0 Z' e aojlr.

CHECK - 1
v
10 of 10

REPORT/ RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY, CALIFORNIA

AND RECORD OF ACTION
October 19, 2004
FROM: THOMAS R. LAURIN, DIRECTOR

DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
SUBJECT: CONTRACT WITH THE TOWN OF YUCCA VALLEY AND THE MORONGO

UNIFIED SCHOOL DISTRICT, FOR POOL IMPROVEMENTS TO YUCCA

VALLEY HIGH SCHOOL POOL - THIRD DISTRICT
RECOMMENDATION: Approve contract Agreement No. 04- 1071 with the Town of Yucca Valley and the Morongo Unified School District, for pool improvements to Yucca Valley High School swimming pool located at 7600 Sage Avenue, in the Town of Yucca Valley in the amount of 129, 850, and for maintenance and operation of the pool for the benefit of the residents living in the Town of Yucca Valley and surrounding communities.

BACKGROUND INFORMATION: Each year the County receives an entitlement grant under the Community Development Block Grant ( CDBG) program to allow the funding of activities that benefit low- and moderate -income persons. During the preparation of the County' s annual CDBG program application, interested groups, including community -based organizations, will submit applications to receive funding for specific projects. After an initial evaluation by ECD staff of CDBG program eligibility, project proposals are submitted to the Board of Supervisors for funding consideration. The list of approved project proposals is submitted to the U. S.

Department of Housing and Urban Development ( HUD) in the form of an annual CDBG Action Plan under the County' s five- year Consolidated Plan. On April 15, 2003 ( Item 65), the Board of Supervisors approved the 2003- 04 Consolidated Plan which allocated $ 129, 850 in CDBG funds for improvements to Yucca Valley High School swimming pool. The improvements include re - plastering, leveling of the drain gutters, and re -setting pool tiles. The Yucca Valley High School swimming pool is the only public swimming facility in the Yucca Valley, Joshua Tree, and Morongo Basin area.

Under this contract, the Town of Yucca Valley will provide construction management services for the construction of the pool improvements. The Town of Yucca Valley will maintain and operate the facility for five ( 5) years from the date of completion of the facility improvements. The contract specifies the terms and assurances necessary for compliance with County requirements and CDBG program regulations.

REVIEW AND APPROVAL BY OTHERS: This contract has been reviewed and approved by County Counsel ( Michelle D. Blakemore, Deputy County Counsel 387- 5455) on September 27, 2004; the Department of Economic and Community Development ( David M. Larsen, Contract Compliance Designee 388- 0959) on October 4, 2004; and by the County Administrative Office Patricia M. Cole, Administrative Analyst 111387- 5346) on October 7,_2004. cc: ECD — Laurin
ECD — Anderson w/ Agreement
Contractors — c/ o ECD
w/Agreement
CAO — Cole
County Counsel — Blakernore
Auditor — Valdez w/Agreement
Risk Management
IDS — w/ Agreement
EDIPSG — Kanold
File — w/Agreement
tu
APPR
MOTION AY S , F*`,Ay AYE
4 J. RENEE BASTI OAP.D,'
BY
DATED: Obtober 19, 2004
MOVE
5 IT= RA n4, a

CONTRACT WITH THE TOWN OF YUCCA VALLEY AND THE MORONGO UNIFIED SCHOOL

DISTRICT, FOR POOL IMPROVEMENTS TO YUCCA VALLEY HIGH SCHOOL POOL - THIRD

DISTRICT
October 19, 2004

FINANCIAL IMPACT: CDBG funds in the amount of $ 129, 850 have been allocated for this project and were budgeted in the Department' s FY 2004- 05 Budget ( SBA- ECD). This action has no effect on the County General Fund.

COST REDUCTION REVIEW: The County Administrative Office has reviewed this agenda item and concurs with the Department' s proposal and recommends this action based on the contract being fully funded by CDBG federal funds.

SUPERVISORIAL DISTRICT( S): 3rd.

PRESENTER: Thomas R. Laurin, Director, 388- 0808.

County of San Bernardino
FAS

CONTRACT TRANSMITTAL

FOR COUNTY USE ONLY
X New
Change
Cancel
Vendor Code
TOWNOFY145
SC
Dept.

A
Contract Number
Cq - (071
County Department Dept. Orgn.

Economic and Community Development ECD PROJ
Contractors License No.

County Department Contract Representative Telephone
THOMAS R. LAURIN/ Bryan Anderson 388- 0808
Total Contract Amount
129, 850
Contract Type
El Revenue El Encumbered [ 91 Unencumbered El Other:

If not encumbered or revenue contract type, provide reason:

Commodity Code Contract Start Date
10/ 19/ 04
Contract End Date
10/ 19/ 09
Original Amount
129, 850
Amendment Amount
Fund
SBA
Dept.

ECD
Organization
PROJ
Appr.
200
Obj/ Rev Source
2005
GRC/ PROJ/ JOB No.
2470
Amount
129, 850
Fund Dept. Organization
Project Name
Appr. I Obj/ Rev Source GRC/ PROJ/ JOB No. Amount
Estimated Payment Total by Fiscal Year
Yucca Valley: Rehabilitation
FY Amount I/ D FY Amount I/ D
04- 05 $ 129, 850
of Yucca Valley High School
Swimming Pool # 123- 29202/ 2470
Contract Type 2( g)
CONTRACTOR * Town of Yucca Valley
Morongo Unified School District
Federal ID No. or Social Security No. * 33- 0490145
Contractor' s Representative * James Schooler, Director of Community Services Address * 57090 Twentynine Palms Highway, Yucca Valley, CA 92284 Phone 5715 Utah Trail, Twentynine Palms, CA 92277
Nature of Contract: ( Briefly describe the general terms of the contract) 369- 7211
760) 367- 0715
The purpose of this Agreement among the County of San Bernardino, the Town of Yucca: VdQey,,, and the Morongo Unified School District, is to provide for rehabilitation improvements to the Yucca Valley Higlh': chooi' swllmming pool located at 7600 Sage Avenue in the Town of Yucca Valley. The County of San Bernardino wiII-,provid6`.$ 429, 850 in Community Development Block Grant ( CDBG) funds for rehabilitation of the swimming pool. The_p6olo-o located in Yucca Valley High School and is leased to the Town of Yucca Valley. The Town of Yucca Valley will be responsible for maintenance and operation of the facility at their sole expense for no less than five ( 5) years following the execution of the attached contract. The County of San Bernardino may delegate construction management services fw th" roject to the Town 9f Yucca Valley under the existing Town -County Delegate Agency Agreement. The Town of Yucca, V 'alley seeks to rehabifitatq, -the pool because the pool is the only public swimming facility in the Town of Yucca Valley and the surrounding areas of'thT hlSupe " Mr oval District. O The attached contract consists 1ppages-, 8
this Attach
transmittalio allpontracts not prepared on the -" Standprd ; dont; acr-fcii mj Apoved as to Legal T'(sign
in
blue, ink) '1.Revi6We0,
a
t'C 1" P. Presented ce to BOS for Signature pr7ZX . . . . .... ... ...... County Counsel
dDepartment Head Date 16/
N%1.
k Date 10/ 05/ 04 AuditorlController- Recorder Use
OnIa, m

SAN BERNARDINO COUNTY

DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

MAINTENANCE AND OPERATION CONTRACT

WITH THE TOWN OF YUCCA VALLEY

AND MORONGO UNIFIED SCHOOL DISTRICT
This Contract is made and entered into, by and among San Bernardino County, hereinafter referred to as COUNTY", the Town of Yucca Valley, hereinafter referred to as " TOWN', and the Morongo Unified School District, hereinafter referred to as " SCHOOL".

WHEREAS, COUNTY has entered into a contract with the United States of America through its Department of Housing and Urban Development ( HUD) to execute COUNTY Community Development Block Grant ( CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the " ACT"; and,
WHEREAS, COUNTY Department of Economic and Community Development hereinafter referred to as ECD", is authorized to act on behalf of COUNTY in administering COUNTY CDBG program; and, WHEREAS, COUNTY and TOWN, have previously entered into a Town -County Delegate Agency Agreement for the implementation of eligible CDBG- funded projects on behalf of COUNTY, which was executed by TOWN and ratified by the COUNTY Board of Supervisors on July 1, 2003; and, WHEREAS, COUNTY, TOWN, and SCHOOL recognize the public benefit in rehabilitating the pool for residents of the Town of Yucca Valley and the surrounding areas of the Third Supervisorial District; and, WHEREAS, COUNTY Board of Supervisors has approved CDBG funding in the amount up to one hundred twenty- nine thousand eight hundred fifty dollars ($ 129, 850) for the rehabilitation of the Yucca Valley High School swimming pool; and,
WHEREAS, title to the pool property is vested with SCHOOL, and the pool site is leased to TOWN for the term ofthis contract; and,
WHEREAS, TOWN currently maintains and operates the Yucca Valley High School swimming pool at the sole expense of TOWN; and,
WHEREAS, COUNTY and SCHOOL desire to have TOWN manage and direct the construction of the rehabilitation improvements under the said Town -County Delegate Agency Agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows:

1. PURPOSE OF CONTRACT
This Contract is made for the purpose of identifying the parties responsible for the construction, maintenance and operation of the Yucca Valley High School swimming pool improvements. The pool is owned by SCHOOL, leased to TOWN and is located at 7600 Sage Avenue, Yucca Valley, CA 92284 hereinafter referred to as " FACILITY".

SCOPE OF PROJECT
TOWN will construct rehabilitation improvements, hereinafter referred to as " IMPROVEMENTS", which includes rehabilitation of the pool site to include re -plastering, leveling of the drain gutters and re -setting pool tiles.

Pagel of 8

Additional improvements may be included only after written Contract between COUNTY, SCHOOL and TOWN. The actual scope of IMPROVEMENTS shall be limited to the amount of CDBG funding identified in Section 4, FUNDING, and may not include all items identified herein.

TOWN shall maintain and operate FACILITY to preserve the pool site for the benefit of the TOWN and surrounding residents.

Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof.

3. TIME OF PERFORMANCE
This Contract shall be effective as of the date of the last of the parties hereto execute this Contract and shall continue for not less than the maintenance and operation period as specified in Section 6, MAINTENANCE AND OPERATION. In addition to the maintenance and operation period, TOWN is required to uphold the terms of the contract for an additional five ( 5) years after expiration of this Contract as specified in Section 21, REVERSION OF ASSETS.

4. FUNDING
COUNTY has approved CDBG funds in an amount not to exceed one hundred twenty-nine thousand eight hundred fifty dollars ($ 129, 850) for the purpose of constructing IMPROVEMENTS to FACILITY. Any costs to construct IMPROVEMENTS in excess of the amounts available in this section shall be the sole responsibility of TOWN. This condition however, does not preclude COUNTY, SCHOOL or TOWN from providing additional funding at its sole discretion. Payment by COUNTY will be made on a cost reimbursement basis to the TOWN as indicated in Section 5, CONSTRUCTION MANAGEMENT. Request for reimbursement shall be made to ECD and accompanied by pertinent " audit ready" supportive evidence of each expenditure and proof of payment to justify the reimbursement.

5. CONSTRUCTION MANAGEMENT -
COUNTY, TOWN and SCHOOL agree TOWN shall provide construction management services necessary for the timely and successful completion of IMPROVEMENTS. Construction management services shall be included as part of IMPROVEMENTS. TO" shall provide said construction management services under the terms and conditions of the TOWN -COUNTY Delegate Agency Agreement, Number 03- 765 executed on July 1, 2003.

6. MAINTENANCE AND OPERATION
TOWN shall have sole responsibility for the maintenance and operation of FACILITY at the sole expense of TOWN for a period of not less than five ( 5) years beginning upon the date of completion of IMPROVEMENTS. FACILITY shall be maintained and operated at all times as a public pool as identified in Section 2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards. In addition, TOWN is required to continue the use of the property for five ( 5) years after the period of time established in Section 3, TIME OF PERFORMANCE, as provided in Section 21, REVERSION OF ASSETS. TOWN shall be responsible for completing and submitting to COUNTY the Public Facility Certification form each year. This form will be provided by ECD.

7. ON -SITE INSPECTION
COUNTY, its officers, agents, employees, persons under contract with COUNTY and representatives of HUD, will have the privilege and right to on -site inspection of the FACILITY for the duration of this Contract. TOWN will ensure that its employees or agents furnish any information, that in the judgement of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions, HUD directives, or the effectiveness, legality, and achievements of the program.

9 CONTRACT COMPLIANCE
TOWN shall comply with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, ( Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 ( Equal Protection of the Laws for Faith -Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 15- 0 1, and other applicable federal, state and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

COMPLIANCE WITH LAWS
All parties agree to be bound by applicable federal, state and local laws, ordinances, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A- 87.

10. INDEMNIFICATION
TOWN AND SCHOOL agree to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/ or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law.

TOWN shall indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incur -red by COUNTY as a result of the determination by HUD or its successor that activities under taken by TOWN under the program( s) fall to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to TOWN under this Contract were improperly expended.

11. INSURANCE REQUIREMENTS
Without in any way affecting the indemnity herein provided and in addition thereto, SCHOOL shall secure and maintain a Comprehensive General Liability Insurance policy providing coverage for the FACILITY, with an endorsement specifically naming COUNTY as additionally insured.

Without in any way affecting the indemnity herein provided and in addition thereto, TOWN shall secure and maintain throughout the Contract the following types of insurance with limits as shown:

Workers' Compensation - A program of Workers' Compensation insurance or a State -approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer' s Liability with $ 250, 000 limits, covering all persons providing services on behalf of TOWN and all risks to such persons under this Contract.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the County' s Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted.

Comprehensive General and Automobile Liability Insurance - This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non -owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($ 1, 000, 000).

Errors and Omissions Liability Insurance - Combined single limits of $1, 000,000 for bodily injury and property damage and $ 3, 000,000 in the aggregate or Professional Liability - Professional liability insurance with limits of at least $ 1, 000,000 per claim or occurrence.

Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder.

Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, TOWN shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors.

Policies Primary and Non -Contributory - All policies required above are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by COUNTY.

Proof of Coverage — TOWN AND SCHOOL shall immediately furnish certificates of insurance to ECD evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty ( 30) days written notice to ECD, and TOWN AND SCHOOL shall maintain such insurance from the time TOWN commence performance of services hereunder until the completion of such services. Within sixty ( 60) days of the commencement of this Contract, TOWN AND SCHOOL shall furnish certified copies of the policies and all endorsements.

TOWN shall complete and submit Contract Exhibit 1 of 1, INSURANCE INVENTORY, along with the above -required insurance documents.

12. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY. The COUNTY' s Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY.

In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY' s risk.

Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. TOWN and LESSOR agree to execute any such amendment within thirty (30) days of receipt.

13. ADDITIONAL INSURANCE REQUIREMENTS
TOWN shall, at its sole expense, obtain and deliver to COUNTY for its approval, certification( s) or policy( s) of standard fire insurance with extended coverage and vandalism and malicious mischief endorsements for the full replacement value of IMPROVEMENTS. In the event of any damage or destruction to FACILITY covered by the insurance, TOWN shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by TOWN at its sole expense for the term of this Contract. Said insurance shall contain endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance coverage without thirty ( 30) days prior written notice to

COUNTY. TOWN shall inform COUNTY in writing of any change, expiration or renewal of said insurance within thirty (30) days of the effective date of change.

14. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
TOWN AND SCHOOL agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the activities funded under this Contract. Further, TOWN AND SCHOOL agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds made available under this Contract will be used exclusively for performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. If TOWN AND SCHOOL conduct such activities, the activities must be offered separately, in time or location, from the programs or services funded under this Contract, and participation must be voluntary for the beneficiaries of the CDBG- funded program services.

FACILITY, however, may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any.

15. DISCRIMINATION
No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by SOCIETY.

16. ASSIGNMENT AND SUBLETTING
TOWN or SCHOOL shall not assign, subordinate, or sue for financing, this Contract or any interest therein, unless COUNTY has previously given its written consent. Provided, however, that any approved assignment shall be subject to all the terms, covenants, and conditions of the Contract. If TOWN or SCHOOL attempt to effect any unauthorized assignment, or transfer occurs by operation of law, or this Contract or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by TOWN or SCHOOL, or if TOWN or SCHOOL is adjudged bankrupt or insolvent by any court or upon TOWN making an assignment for the benefit of creditors, COUNTY may, at its option, forthwith terminate this Contract upon written notice thereof to TOWN AND SCHOOL, and thereupon, no one but COUNTY shall have any further rights hereunder.

17. HYPOTHECATION OF REAL PROPERTY
During the term of this Contract, neither TOWN, nor SCHOOL, nor its successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY.

Notwithstanding Section 18, VIOLATION OF CONTRACT, and any other provisions herein, TOWN shall reimburse COUNTY for the fair market value of IMPROVEMENTS less any portion thereof attributable to expenditures of non-CDBG funds for FACILITY, should TOWN or SCHOOL sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY during the term of this Contract.

18. VIOLATION OF CONTRACT
In the event that TOWN or SCHOOL violates any of the terms and conditions of this Contract, COUNTY shall give written notice of violation and demand for correction. If, within thirty ( 30) days from receipt of written notice, TOWN or SCHOOL has not corrected the violation or shown acceptable cause, COUNTY has the right to terminate this Contract. It is agreed that in the event of a termination due to a violation of this Contract by TOWN or SCHOOL, TOWN or SCHOOL shall pay to COUNTY within ten ( 10) days of receipt of Notice of Termination, the sum of one hundred twenty-nine thousand eight hundred fifty dollars 129, 850). Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair

compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages covered under separate Contracts with COUNTY shall be in addition to that contained herein. Such termination shall not excuse TOWN from reimbursement provisions in Section 17, HYPOTHECATION OF REAL PROPERTY.

TOWN agrees to prepare and submit financial, program progress, and other reports as required by HUD or COUNTY directives. TOWN shall maintain such program, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by TOWN for a minimum of five ( 5) years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24 CFR 91. 520, in which the service under the terms of this contract is reported on for the final time. Said COUNTY submission will follow TOWN' s final submission to COUNTY of reports identified under this paragraph. Records and accounts that pertain to something being sued or audited over must be maintained for five ( 5) years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for five ( 5) years or the number of years there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment' s use, when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of COUNTY fiscal year in which the income is earned. All TOWN records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies.

TOWN is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the ECD Director or his designee.

20. TERMINATION BY COUNTY
Notwithstanding Section 18, VIOLATION OF CONTRACT, COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding of the Contract activity or the reprogramming of said funds as deemed necessary by COUNTY, or for the convenience of COUNTY.

21. REVERSION OF ASSETS
All real property acquired or improved in whole or in part with CDBG funds in excess of $25, 000 under this Contract must continue in the use that provides the service benefits and national objectives for which it was funded until five years after expiration of this Contract as set forth in 24 CFR 570. 503, or such longer period of time as determined by COUNTY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non- CDBG funds for the acquisition of, or improvement to, the property. Pursuant to Section 6, TOWN is solely responsible for any reimbursement to COUNTY in the event this Section 21 is invoked.

22. AMENDMENT: VARIATIONS
This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral Contracts contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by the parties.

23. ' INVALIDCONDITIONS If
any one or more of the terms, provisions, sections, promises, covenants or conditions ofthis Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions ofthe Contract shall not be affected thereby, and shall be valid and enforceable tothe fullest extent permitted bylaw. This
Contract shall be binding on the parties, successors ininterest, heirs and assigns. 25.

NOTICES All
notices shall be served in writing. The notices shall be sent to the following addresses: COUNTY County
of San Bernardino Department
of Economic and Community
Development 290
N. "D" St., Sixth Floor San
Bernardino, CA 92415- 0040 TOWN
Town
of Yucca Valley Attn:

Town Manager 57090
Twentynine Palms Hwy. Yucca
Valley, CA 92284 26.

EASEMENTS TRUSTS AND WARRANTIES SCHOOL
Morongo
Unified School District Attn:

Business Services 5715
Utah Trail Twentynine
Palms, CA 92277 A.

It is expressly understood and agreed that this Contract and all rights and privileges hereunder granted are subject toall easements and rights -of -way now existing in, to, under or over the said premises for any purpose whatsoever. B.

In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of COUNTY Board of Supervisors shall not be liable to TOWN or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed tobe suffered by TOWN or such person by reason of such determination. C.

TOWN assumes all risks incident tothe use and management of said premises inits present condition or in any condition thereof, which may prevail during the term of this Contract. continued on next page) Page
7of 8

D. Any major changes required by a competent government jurisdiction to the Contract, which are beyond the control of TOWN will make the Contract terms subject to re -negotiation.

E. It is expressly understood and agreed that COUNTY does not, in any way or for any purpose, become a partner of TOWN, or a joint venturer with TOWN.

IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written above.

COUNTY OF
By: 4SERN
DENNIS HANSBERGER, Chairman
Board of Supervisors
Date.

I
OCT 19 M

SIGNED AND CERTIFIED THAT A COPY OF

MORONGO UNIFIED SCHOOL DISTRICT

THIS DOCUMENT HAS BEEN DELIVERED TO

THE CHAIRMAN OF THE BOARD

TOWN OF CCA VALLEY
By:

ROBERTLE Mayor
Date: 16 -eqY"
ATTEST:

By:

NET M. AND ERSON, aTown Clerk

APPROVED AS TO FORM
By:

J. RENEE BASTIAN NAOMI SILVERGI Eib, Toan Attorney
Clerk of the isors
of
O

MORONGO UNIFIED SCHOOL DISTRICT
By:

By: _ QA
Date:• C
INO
APPROVED AS TO LE -GA-E FORM Date: Sw 0 C/
I
RONALD D. REITZ
County Counsel
By: #
MICHELLAKEMORE Deputy County
ounsel for ECD Date: &I -
Iv - 04 . ... .. .... . - Comdev/ Tcmp/
Cathy/ 04 Agree/ 04 Town of Yucca Valley M&O 06/ 25/
04/ BA/ cb Page 8
of 8

EXHIBIT I of I

COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/ Activity Title: Case Number: 123- 29202/ 2470
Yucca Valley: Rehabilitation of Yucca Valley High School Swimming Pool
Name/ Address of Contractor. Aizenc Date of Issue:

Town of Yucca Valley
57090 Twentynine Palms Highway X Original: Beginning
Yucca Valley, CA 92284 Amendment #

INSURANCE INVENTORY

WORKERS' COMPENSATION/ EMPLOYERS' LIABILITY INSURANCE
Name of Insurance Company:

Effective
Employer' s Liability Limit $
Certificate of Insurance Attached Yes No: On File w/ ECD

COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company:

Limits of Liability Effective Dates:

Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ ECD Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ ECD Name of Contractor' s Automobile Liability Insurance Company:

Limits of Liability Effective Dates:

Per Person $ Per Accident$ . Damage Liability $ Combined Single Limit $

ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor' s Insurance Company:

Limits of Liability Effective Dates:

Per Occurrence $ Additional Insured Endorsement Attached Annual Aggregate $ Certificate of Insurance Attached

PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company:

Limits of Liability Effective Dates:

Per Occurrence $
Annual Aggregate $
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes No: On File w/ ECD
Yes No: On File w/ ECD
Yes No: On File w/ ECD
Yes No: On File w/ ECD

DISTRICT
STANDARD CONTRACT Ii
CONTFt6CT NUMBS

YUCCA VLY P & RECREATION DISTRICT
District Contract lieprospntative
365- 2 Renevval) le 0 Terminates
LARRY HARRIS Ph. Ext. 23761 Date: A— il 30, 2003 Budget Unit No. Sub- Ghlect No. Fund No. Joh No. Amount of Contract 010 9370 1 792$ 25. 00
Check One: K Expenditure U Revenue If contract has more than onepaymentor receipt—. 79- SA _= complete the following. I or
Federal Employer
10 THIS
CONTRACT is entered into in the State of California by and betwe YUCCA

VALLEY PARKAND RECREATION DISTRICT MORONGO
UNIFIED SCHOOL DISTRICT hereinafter
called SCHOOL DISTRICT IT
IS HEREBY AGREED AS FOLLOWS: Use
space below and reverse side of form if needed. Set forth service tohe of payment, time for performance or completion, determination of sat termination, other terms and conditions, and attach Plain, specifications, z Number of payments: Estimated
amount of each: 1c,
This
contract supersedes and cancels original Lease' Agreement dated April 18 1960. WITNESSETH:

WHEREAS,
Chapter 10 of Part 7 (Sections 10900, et seq.) of the Education Code authorizes counties, cities and school districts, to cooperate of
with each other in the development and execution of adequate programs community recreation, and WHEREAS,
the said School District and the said Park District intend . to carry out a joint community recreation program at least for the duration ofthis agreement; NOW,
THEREFORE, the said School District and the Park District hereby mutually covenant and agree, and by these presents do covenant and agree with each other as follows: 1.

That the property tobe leased from the Morongo Unified School District by the Yucca Valley Park and Recreation District isthat portion of the Yucca Valley Elementary School Grounds lying south of the center line of the 100 foot easement for telephone lines, comprising approximately five (5) acres. The legal description ofthis area, known as Hi Desert Parkis Yucca Village Unit No. 4, Tract No. 3234, Lot No. 253",, as shown in Exhibit A. Any
provisions on the reverse side and referenced attachments hereof constitute apart of this contract and are incorporated herein in full. Page 1Page 92 of 477 of 3

2. that this Agreement shall be in force for a period of twenty- five years, beginning May 1, 1978, and that the Park District shall be granted the option to purchase
subject property after May 1, 1987, and that the Park
District shall be granted the option to renew this
Agreement at the expiration of said Agreement which will be April 30, 2003.

In the event that Park District elects to purchase the
subject property pursuant to the option granted herein, the purchase price shall be the fair market value of the subject property as established by an independent appraisal.

3. That the consideration for this lease shall be $ 1. 00 per year, due and payable on or before the first day of May.

4. That the lease is to be transferable in its entirety to a successor to the present Park District if the Park District should later become a legally constituted self- governing public park. That the lease is to be transferable in its entirety to a successor to the present School District, if such school district is formed within the statutes set forth by the State of California.

5. That should the park area cease to function as a publicly operated park, for any period of six consecutive months, at any time within the life of this lease and after a two- year development' period or within twenty- five years of the date of transfer to the Park District, then the title to the property, any rights granted hereunder, together with any permanent structures or apparatus shall revert to the local school dis*trict.

6. If mutually agreed between both parties, that permanent or temporary facilities may be placed or constructed on either the Hi Desert Elementary School site portion or the Hi Desert playground portion of the property by either party, either jointly or individually.

7. Insofar as it is legally authorized, the Park District shall hold harmless and free from liability the School District, and any of its officers, agents or employees from all damages, costs or expenses which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons received or suffered by reason of use of said facilities and appurtenances, while under the supervision of the Park District. Insofar as it is legally authorized, the School District shall hold harmless and free from liability the Park District and any of its officers, agents or employees which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons received or suffered by reason of use of said facilities and appurtenances while under supervision of the School District. Each agency' agrees to maintain in full force and effect during the life of

of 3
P2
person the agreement or property, insurance against liability for injury to 1, 000, 000. 00), with min]. mum limits of One Million Dollars and shall provide a copy of its insurance Policy to the other agency.

8. That this agreement may be modified, altered or voided at any time by the unanimous vote of the governing bodies of the parties hereto or their successors in joint session.

9. That the waiver of " School Purposes Only" clause in the deed be notarized and recorded.

IN WITNESS WHEREOF, the parties have hereunto affixed their names by their respective Officers thereunto duly authorized. 1, LEONA RAPOPORT, Clerk of the Board of Supervisors of the County of San Bernardino, state Of California, -hereby certify tile foreIlly trt13 V! d cor- rect copy OX* the office. rile in my
Dated:

U017A
Clerk of the Board
Deputy
YUCCA VALLEY PARK & RECREATION DIST.

DISTRICT
Chairman, Board of Supervisors
Dated
CEP 2 5 1976
ATTESTED.&

MORONGO UNIFIED SCHOOL DISTRICT
Legal title of Contractor - state if corporation, company, —etc., B y 1 07(./( J-4Jq (1k dl i I L
Dated— 71
Title 114
Address / 9 6 QV 1- 0
t -Pat"
Apprq,oftl as to leer fol-ll,
Reviewed as to budget expenditure
71e, / I
OLIDtl/ Counsel Date
0:- 12- 15 7. 10. 1 C() U[ ItY Administrative Office

HOPI
Par. Yucca Village Unit No. 4, Tract 3234
M 8. 43159- 62
Morongo Unified 586-
Tax Code Area
9406
J
i
J
Q
tiQ
1 S!
C•
Q
C7Q
z
0 jTRAILa --) --
Assessor' s hlop
Note- Assessorb Olk 8 Lot Book 586, Page 14
Numbers Shown in Circles SonBernordino County. wz

nnr r-3 ut- Yfit WARD OF SUPERVISC

OF SAN BERNARDINO COUNTY, CALIFORNIA
P- ArREE : P75- a 538 : 210Tto? VALLEY
G0 iT21I:'
h &
iED SCx' C} OT DIST.: JT. RFC. PROCF.A 1: YUCCA Rz.' DlS?'.: APP110 D Acting as governing body
motion by Supervisor 1•: anocf- of
c,
Yucca Valley Park and Recreation District, on
carried, duly seconded by Supervisor Mayfield and the Board of Supervisors approves agreement 73- 583 between the County on behalf of said district and Iforongo Unified School District, property to carry out site, a joint community recreation Program on a 5-- acre school known as Ili-•Deaert Park, further, Chairman to sign said agree -rent, the Board authorizes the indicating, this Board' s approval of the terms and conditions therein contained, Bernnrdino, PASSED ANDState ADOPTED of California, by the Board of. Supervisors of the County of Sari by the following vote:

AYES: SUPERVISORS: Mayfield, Kamansky, Ha:. sber; ar, fiaxnt oclt , Tounsend. NOES: SUPPRVISORS: prone ABSENT: ' NUPERV ISORS : None eh)
CC:

STATE or CAL11' 0p. ,If
Cot1STY OF S1111 B - R,,'- `,}; UTi; o
x, ANI)'XLg DISHA1: 00:i
t1` rdi11 Count Actitt Clerk of the Board of Stil,vr iror;: of San lcer-- rorrect co y•
the! recor,j, here},y certify the focc f;c, ito he ft l.l, true : af. the ttern` of- ' oers theyrccorct of t}ce action t.e}; ctt Z,. , Vote tact Py s._ji.ct I; c,: tr. c} o;: til, at cri x ;c, r: , L Isoard its presenL, . i: t} e :: a: re . ,ears FP7' FT`"ri^teeCir,— 01 I I in the Uf fici; l tixt tttes of icT n
9/ 2$ 25
1978 EIA: /
78 AD/ eh S
ec. Dists. w/
d. for u
ca/ agree School
2 agree A
Dist, W/
agree c/o.' Spec.

Dist. ANDRFE
blslwtoo 2y• Acting Clerk, of V- 1111 Board l 71

DISTRICT
District
ct

CONT NUMBER
Yucca Valley Park & Recreation Distri
District Contract ftrepresentative M Renewable 0 Tefmina, Larry Harris 365- 2376
Ph. Ext. Date: 1987
No. Sub- blect No. d No. ob No. Amount of ConttF
Budget
2 010 2 792 $ 5. 00
0 Revenue I f
Check One: Expenditure 0 Revenue contract has more than one payment or rect complete the following.
or Federal
Employer ID 4'
Number of payments. 1
Estimated amount of each: S 5 LQQ
THIS CONTRACT is entered into in the State of California by and between the Yucca Valley Park and Recreation District ed istriarkct' z
Morongo Unified School District
hereinafter called SCHOOL DISTRICT 10
IT IS HEREBY AGREED AS FOLLOWS:
tuse space below and reverse side of form if needed. _
Mc:;/ manner
vse for
of payment, time for performance or completion,
termination, other terms and conditions, and attach
WHEREAS, Chapter 10 of Part 7 of Division 1 of Title 1 of the Education Code of the State of California and Sections 5782. 2 and 5782. 3 of the Public Resources Code of the State of California authorize and ' empower recreation and park districts and public school districts to cooperate with one another for the purpose of authorizing, promoting and
conducting programs of community recreation which will contribute to the attainment of general recreation and educational objectives for children and adults of this State; and,
WHEREAS, the SCHOOL DISTRICT and the PARK DISTRICT desire to cooperate with each other and to enter into an agreement to carry out the purposes of said statutory provisions;
NOW, THEREFORE, in consideration of the covenants and premises contained herein: it is tvi, - reed by and L-etween the parties hereto as follows:

1. Swimming Pool
a) The SCHOOLDISTRICT shall provide a swimming pool on a site owned by the SCHOOL DISTRICT described as Government Lot 9 of Section 9, Township 1 South, Range 5 East, San Bernardino Base and Meridian, said swimming pool having been constructed pursuant to an agreement entered into by and between SCHOOL DISTRICT and PARK DISTRICT as of May 28, 1962.
b) Ownership of said swimming pool will revert to the SCHOOL DISTRICT on May 28, 1982.

Any provisions on the reverse side and referenced attachments hereof constitute a part of this contract. and incorporated herein in full.

Page I of 6

c) The SCHOOL DISTRICT
related facilities
ment to be used for
tion activities.
will provide said swimming Pool and
in accordance with the terms of the Agree -
community Recreation and Physical Educa2. Term and modification a) The term of this agreement is for a period of five ( 5) years, commencing as of May 28, 1982 in accordance with the prov1sions f the above -referenced agreement of May 28 of Section it 2 o 1962.
b) This agreement may be extended, revised, or amended by mutual action of both governing p
boards. Each single
eriodstension
of this
agreement may not exceed five (5) year c)
This agreement may be canceled Prior to its date of expiration by mutual agreement. 3.

Liability d
free from k
A)
b)
The
PARK DISTRICT shall defend, hold harmless an liability
the SCHOOL DISTRICT, its officers, agent, costs
servantors
or
employees while acting as
such from all damagess, expenses
which any of them shall become obligated to Pay by reason Of liability imposed by law ecause of injury to property or injury to or death ofof persons rebceived or suffered by reason omissions the PARK DISTRICT inoperatioi ofnegligent actsorrecreation program upon' saic by the PARK DISTRICT ofacommunity premises, which includes the pool and diving board, the surrounc ing deck and fence, the filter and heater room areas and the boy' s and girl' s dressing and dhower areas , and the PARK DISTRI( shall be responsible for any.and all damagesany to all recreational asschool approximate results of property caused activ-'.tY being conducted oil said premisesby the PARK DISTRICT. The 'PARK DISTRICT shall not be bound by the provisions bof reasonthis paragraph in the
event such injury or death is caused y of a structure
or mechanical defect in any equipment or neglige` furnished or constructed - by the SCHOOL DISTRICT, orthe acts or omissions
of the SCHOOL DISTRICT. The SCHOOL DISTRICT
shall defend, hold harmless and free from liability the PARK DISTRICT, members of the board, its officers agents or employees while acting as
such, from liability or death impose
by law
because
of injury to property or injury to of persons received or suffered by the reason of use of any of said installations or equipment, which includes the pool and diving board, the surrounding deck and fence, the filter and heater room areas and the boy' s and girl' s dressing and shower areas, in connection wonh rtohle oSfCHtOhOeL SDHISOTOLRICDTISpTrRoIgCTram oThrewhSCiBleO( under supervision o
DISTRICT shall
not be bound by the provisions of this paragrap! in the event such injury or death is caused by reason of a structural or mechanical defect in any equipment orfacility furnished or constructed by the PARK DISTRICT, orthe negligent acts acts or omissions of thePARK DISTRICT.

4. Lease Fee U 4. ranted herein, the
In consideration of
DISTRICT shall pay toeth
the sum of One Dollar
l.00). per year, payable in full for the entire term within sixty ( 60) days after the effective date of the agreement.

5. Leasing and Usage Arrangements
a) The SCHOOL DISTRICT will provide shower and- dressingtherooms to be used in conjunction with the swimming Pool. If PARK
DISTRICT uses the dressing rooms during periods of time other t have the SCHOOL DISTRICT' S permission. than the summer, they mus b) The PARK DISTRICT will have full use of the pool and year dressingthe
rooms during the summer
from the end of each school to
beginning of the next school year. it may also use or rent out the pool during other than summer usage with prior approval of the SCHOOL DISTRICT. if the PARK DISTRICT uses or rents the DISTRICT scheduled usage period there
pool during the SCHOOL DI
r
I Will be no charge to each other for periods totaling five days or less. If usage is for a prolonged period of time ( more than basis of
five . days) the cost wie split on a p
percentage of usage of anll beight
hour dayro- rated
for
the sixth and the
succeeding
days. c)
The SCHOOL DISTRICT may use
or rent out the swimming yearpool during
the regular school year. The regular school consists
Of the period commencing onthe first day of school in
September and Sat.urdnagstanduSundayslasSuameryschooloisin ot June, including a
part
of the regular school year. The SCHOOL DISTRICT may use or rent out the rpvol ofrthe
PARKrDISTRICT. reguthe SCHOOL year with
prior orapplrents DISTRICTthe
uses
pool during the PARK DISTRICT' S scheduled usage -
period, there will be no charge to the user for periods totaling five days or less. If usage
of time (more than five -,F :sage
is for
will
O
adays)
prolonged
c
the
period
be splitof ratcd
pro J an baOsplit-on a
eight
hour day fdr the sixth and succeeding days. d) Example
of Pro -rated Costs - If the
cost is split on apro - rated basis of the percentage of usage of an eight hour day and the PARK DISTRICT uses the facilities for two (2) hours during the SCHOOL DISTRICT' Sscheduled time, the PARK DISTRICT would reimburse the SCHOOL DISTRICT for one fourth ( 1/4) of the dailV- cost of that raday, f
the
pool
opt tion the daily cost
being the total cost 0 scheduled time divided during the SCHOOL DISTRICT' S regularly Sby the number of days they used it.

time for each District to use the
e) The amounts or periods of t
annual basis. This
pool shall be scheduled in writing on an shall be completed before April 1st of each year so scheduling that each District D may appropriately Plan its scheduling and financial needs.

6. income
m . rentals, achages and oncessio
a) income derived from
supervisionofsthenPARKrDISTRICTcpursuantns
operated under the supervthe PARK DISTRICT.
to this agreement shall belong to
d events under the
Income
I
derived from rentals, activities an to this agreement
b) DISTRICT pursuant.
supervision of the SCHOOL
shall belong to the SCHOOL DISTRICT

7. operation and Maintenance
IS . TRICT shall operate and maintain the pool for the
a) The PARK D e needs of pool maintenance
entire year -
It shall determine thshall obtain
intance. The DISTRICTPARK DISTRICT
and preventative maenCHOOL for.
each
incident of prior approval
from theS. maintenance, repair,.
or
replacement that exceeds $200- 00. DISTRICT shall
reas during matheiperioddofsthegPARKtn , The PARK
DISTRICT and
Pool
deck a scheduled activities.

TheS
CHOOL DISTRICT shall maintain the dressing room, shower c) and pool
deck areas the period activities. of the SCHOOL DISTRICT during scheduled ate lifeguarding,-
instruction Each District
shall provide adequate isthe poOl risingand dre, 3sing roorr.s. andsupervision when it supervisors and shall instructors shall be quald as Lifeguards, and
law iqations and hold appropriate Red Cross certificat- required by Payments 8. Financial
Obl-- for the ill reimburse
the PARK DIS result a)
The
SCHOOL DISTRICT w maintenance and
STRICT' operation S expenses incurred asaactual rn scheduled usage, which will include of the SCHOOL DISTRICT' S chemicals, labor and other reasonable maintenance, SUP costs. payment
for
all utilities needed b) The
SCHOOL DISTRICT will make p, compa to operate
and maintain the pool directly to the utility The PARK
DISTRICT bywill reimburse the SCHOinOL DISTRICT for the utilities used the PARK DISTRICT durg its scheduled usage c) P, cr,

e school
d) If the pool filter operation is shut down during th
year ( as explained in Section 5, b), the special " start up" sludge tank pumping, P001
such as pool pumping, expenses
preparation, etc., will be paid by each District on a
surface pre, he total days
pro -rated basis according to thltere pis. operated a portion of the ercenta e of tstandby 2 to used
by. each. if the. pool fi school
year (as
explained in Section 5,b) on a mini 3
hours per day), expenses will be paid by each basis -
rated basis according tothe percentage of District
on a Pro ch. Example: if the PARK DISTRICT the
total days used by ea uses
the pool 100 days and CHOOL
for 38
then the
percent (
PARK
60 days
DISTRICT HusSDISTRICT
over
w
reimburse
160 total
theduring
days) of
the
the y
costs
of "start up" or standby operation..' 9. Insurance
liability insurance in -the amount of One million A policV of public liab if -insurance program, shall be. obtaine Dollars ($ , , 000,
00o) or a
viable se andDlrotectingdanCOUNTY OF SAN
BER- bythe, SCHOOL
DISTRICT naming the PAeach District against NARDINO as
additional named thirdinsuredomissions
person by negligent of acts eitherorliability eration to a of the Pool - District in the op attesting self - insured The PARK DISTRICT shall provide a lett--- er Public Liability
in the amount of One Million Dollars ($ 1 . 000, 000) and shall name the SCHOOL DISTRICT asan additional named insured for lia- bility due to negligent acts or om issions by the PARK DISTRICT. 10. Pool Imp I rovements
andAlterations deck, and
a)- o
the
pool, pool Any . alterations
or improvements t mutual of consent
filter the Districts and by. - system San must be plicableof requirements meet the County of a_ -,
shall the Bernardino and the State of California. lif p3 -. 1ceTnents . repairs or the underground to the structural portions OY c F
drains, b s
the pool' deck, of the
pool and itc
n
d
wiring shall be al conduit ands iping for filtering or electri p the PARK
by I
and SCHOOL DISTRICTS. shared equally cost s
such as ofrepairs or replacements. due toanc) Act of Nature lhtningA ean
earthquake,. insurance, shall mant notocoveredlby
filtering equip by theand its
be shar PARK and SCHOOL DISTRICTS. shared equally ent to mechanical or swimming or replacement d) as
the of repair equipment or filter and chlorinatic Any posts apparatus such dboard, railing, etc., sha pool system and its appurtenances, a pro - rated basis ( see 8,d) for example). be paid for on

11. Reimbursement
Reimbursement of a party pursuant to this agreement shall be made by the other party within sixty days after receipt of a statement there- fore from the party entitled to reimbursement.

EXECUTED as of the 28th day of May, 1982.

Yucca Va71ey pz.rk -, Recreation District

DISTRICT
Chairman, Board of Supervisors
Dated -"
APR 20 6 122
ATTES,;; ED:

Morongo Unified School -District
Legal title of Contractor — state if corporation, company By
Louis P. A. Mansur
Dated
Title
Assistant Superintendent, Business
Address P. O. Box 1209, Twentynine Palm,
9=
Approved as to legal form
rqnin3 signe Reviewed as to budget expenditure
13y Edward DuddV, RL, 0. Dite Dep. County Counsei, Date 3 rn- t+t Arim ini,tr,)riv,- Off ire Page 102 of 477 April 20, 1998
Shirley J. Lyon
Administrative Secretary
Morongo Unified School District
P. O. Box 1209
Twentynine Palms, CA 92277
Dear Ms. Lyon:

At their meeting ofApril 16, 1998 the Yucca Valley Town Council voted to renew the agreement regarding the Swimming Pool. Enclosed is your copy of the Agreement.

Sincerely,
ANET M. ANDERSON, CMC
Town Clerk
The Town of
I
57090 Twentynine Palms Highway •
760/ 369- 7 20 7 • FAX 760/ 369-0626
Yucca Valley, California 92284

A Board of Education
Phyllis Swinnerton, President
Mel Mint
MORONGO Sue Meader
Donna Munoz
UNIFIED SCHOOL DISTRICT Bill Reeske
5715 Utah Trail ( P. O. Box 1209), Twentynine Palms, CA 92277 ( 760) 367- 9191 or 365- 3394 Fax: ( 760) 367- 7189 District Superintendent
Patricia Brown - Dempsey
Mr. Jim 5chooler
Town of Yucca Valley
57090 29 Palms Highway
Yucca Valley, CA 92284
Dear Mr. Schooler:

At the regularly scheduled meeting of April 7, 1998, the Board of Education voted to renew the Agreement Regarding the Swimming Pool. Two signed copies of that Agreement are enclosed for your signature. Please sign both and return one to my office. If you have any questions, please do not hesitate to contact my of fice.

Sincerely,

PATRICIA BROWN- I) EMPSEY

SUPERINTENDENT
Shirley J. Lyon
Administrative Secretary
Business Services
Enclosures
Learning for Life

EXTENSION # 3

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

THE TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Yucca Valley Park and Recreation District, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section II, Part 8, of the Agreement, the Governing board of each District wish to extend this agreement for a period of three years, thus extending the expiration date to May 28, 2001.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT TOWN 0 UCCA VALhEY
BY: By. 4, C'—\ — ----
Y,
J J411& 4
James` ajchrzak,, V
Title: Asst. Supt., Business Services
Address: P. O. Box 1209
29 Palms, CA 92277
Date:

BoE 4/ 7/ 98 ITEM #
H:\ MYI) ATA\ WPt) 005\ yvpoolagree. wpd
Title: Mayor
Address: 57090 29 Palms Hwy.

Yucca Valley, CA 92284
Date: April 16, 1998

EXTENSION #4

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, of the Agreement, the Governing Board of each District wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 2002.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT TOWN OF YUCCA VALLEY
By:
a s M,*# 4A: Brad ger
Assis t Superintendent To Man er
ess Services

EXTENSION # 5

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, of the Agreement, the Governing Board of each District wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 2003.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT
B. -- k- -1- 1
s Maji ak 0
Assi si ant Superintendent
uu siness Services
TOWN OFI YUCr' A- VALLEY
By:
ill Neeb
Mayor of Yucca Valley

EXTENSION # 5

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or its successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, of the Agreement, the Governing Board of each District wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 2003.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT TOWN OF YUCCA VALLEY
By: By:

Jame Majchrzak- M' Irill Neeb'
Assis nt Superin t Mayor of Yucca Valley
usinessss Services

EXTENSION # 6

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

THE TOWN OF YUCCA VALLEY
May 8, 2003
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or its successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section II, Part B, of the Agreement, the Governing Board of each District wish to extend this agreement through August 31, 2003.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT TOWN OF YUCCA VALLEY
By:

Susan Ea est
Mayor'

EXTENSION # 6

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

THE TOWN OF YUCCA VALLEY
May 8, 2003
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or its successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section II, Part B, of the Agreement, the Governing Board of each District wish to extend this agreement through August 31, 2003.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT TOWN"QF YUCCA VALLEY 1
By:

Mayor

iUNIFIJohn Pecorclia
ED SCHOOL DISTRICT Kathy Roden
Board of Education
Lolita Mendoza, President
Mel Flint
MORONGO Ken Morrison 5715
Utah Trail (P.O. Box 1209), Twen( ynine Palms, CA 92277 ( 619) 367- 9191 or 365- 3394 Fax: ( 619) 367- 7189 District Superintendent May
24, 1993 John
D. Dempsey Yucca
Valley Park and Recreation Department RECIEWFE)
29 Palms Highway Yucca 57090
Valley, CA 92284 MAY
2 5 1993 Atten:

Jim Schooley TOWN
OF YUCCA VALLEY Dear
Mr. Schooley: COMMUNITY SERVICES Enclosed
please find two signed copies of the Agreement Regarding the swimming Pool which was approved by the Board of Education attheir meeting on May 18, 1993. Please sign and return one to my office.

If
you have any questions, please do not hesitate to contact me. Very truly yours, JOHN
D. DEMPSEY Superintendent
giant
icia
Brown Superintendent
Business
Services PB/
sl Enclosure
Learning
for Life # Page 111 of 477

AGREEMENT REGARDING SWIMMING POOL
This Agreement is entered into between MORONGO UNIFIED SCHOOL DISTRICT, hereinafter called SCHOOL DISTRICT, and the YUCCA VALLEY PARK AND RECREATION DISTRICT, or it' s successor, hereinafter called PARK DISTRICT.

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, Section 10900 et. seq., of the Education Code of the State of California and Sections 5782. 2 and 5782. 3 of the Public Resources Code of the State of California authorize and empower recreation and park districts and public school districts to cooperate with one another for, the purpose of authorizing, promoting, and conducting programs of community recreation which will contribute to the attainment of general recreation and educational objectives for children and adults of this State; and WHEREAS, the SCHOOL DISTRICT and the PARK DISTRICT desire to cooperate with each other and to enter into an Agreement to carry out the purposes of said statutory provisions.

NOW, THEREFORE, in consideration of the covenants and premises contained herein, it is mutually agreed by and between the parties hereto as follows:

I. Swimming Pool:

A. The SCHOOL DISTRICT shall provide a swimming pool
and related facilities, located on the campus of
Yucca Valley High School.

B. The SCHOOL DISTRICT will provide said swimming pool
and related facilities in accordance with the terms
of this Agreement, to be used for community
recreation and physical education activities.

II. Term and Modification:

A. The term of this Agreement shall be for a period of
one ( 1) year, commencing on May 28, 1993.

B. This Agreement may be extended, revised, or amended
by mutual action of both governing boards. Each
single extension of this Agreement may not exceed
five ( 5) years.

C. This Agreement may be terminated prior to its
expiration by mutual agreement of the parties.

III. Liability:

A. The PARK DISTRICT shall hold harmless and free from
liability the SCHOOL DISTRICT, its officers,
agents, or employees from all damages, costs or
expenses which any of them shall become obligated
to pay by reason of liability imposed by law
because of damage to property or injury to or death
of persons caused by negligent acts or omissions of
the PARK DISTRICT in the operation of a community
recreation program upon said premises, including
the pool and diving board, the surrounding deck and
fence, the filter and heater room areas, and the
dressing and shower areas, and the PARK DISTRICT
2

shall be responsible for any and all damages to
school property caused by any recreational activity
being conducted on said premises by the PARK
DISTRICT. The PARK DISTRICT shall not be bound by
the provisions of this paragraph in the event such
injury or death is caused by reason of a structural
or mechanical defect in any equipment or facility
furnished or constructed by the SCHOOL DISTRICT, or
the negligent acts or omission of the SCHOOL
DISTRICT, its officers, agents, or employees.

B. The SCHOOL DISTRICT shall defend, hold harmless and
free from liability the PARK DISTRICT, and the Town
of Yucca Valley, their officers, agents, or
employees from liability imposed by law because of
damage to property or injury to or death of persons
caused by the use of any of said installations or
equipment, including the pool and diving board, the
surrounding deck and fence, the filter and heater
room areas, and the dressing and shower areas, in
connection with the SCHOOL DISTRICT programs or
while under supervision or control of SCHOOL
DISTRICT. The SCHOOL DISTRICT shall not be bound
by the provisions of this paragraph in the event
such injury or death is caused by reason of a
structural or mechanical defect in any equipment or
facility furnished or constructed by the PARK
DISTRICT, or the negligent acts or omissions of the
PARK DISTRICT, its officers, agents, or employees.
3

Iv. Usage Arrangements:

A. The SCHOOL DISTRICT will provide showers and
dressing rooms to be used in conjunction with the
swimming pool. If the PARK DISTRICT uses the
dressing rooms during periods of time other than
the summer, they must have the SCHOOL DISTRICT' S
permission.

B. The PARK DISTRICT will have full use of the pool
and dressing rooms during the summer from the end
of each school year to be beginning of the next
school year. It may also use the pool at other
times with prior approval of the SCHOOL DISTRICT.

In such cases, the cost will be split on a prorated
basis of the percentage of usage between the SCHOOL
DISTRICT and the PARK DISTRICT.

C. The SCHOOL DISTRICT may use or rent out the
swimming pool during the regular school year. The
regular school year consists of the period
commencing on the first day of school in September
and lasting through the last day of school in June,
including Saturdays and Sundays. Summer school is
not a part of the regular school year. The SCHOOL
DISTRICT may use or rent out the pool at times
other than the regular school year when the PARK
DISTRICT is not using the pool, with prior
notification to the PARK DISTRICT. In such cases,
the cost will be split on a prorated basis of the
4

percentage of usage between the SCHOOL DISTRICT and
the PARK DISTRICT.

D. The periods of pool use for each respective
District shall be scheduled in writing on an annual
basis. This schedule shall be finalized by April I
of each year so that each District may
appropriately plan its scheduling and financial
needs.

V. Income:

A. Income derived from rentals, admission charges, and
concessions during activities operated under the
supervision of the PARK DISTRICT pursuant to this
Agreement shall belong to the PARK DISTRICT.

B. Income derived from rentals, activities, and events
under the supervision of the SCHOOL DISTRICT
pursuant to this Agreement shall belong to the
SCHOOL DISTRICT.

VI. operation and Maintenance:

A. The SCHOOL DISTRICT shall operate and maintain the
pool and shall determine the need for pool
maintenance and preventative maintenance.

B. The PARK DISTRICT shall maintain the dressing
rooms, showers, and pool deck areas during the
period of PARK DISTRICT scheduled activities.

C. The SCHOOL DISTRICT shall maintain the dressing
rooms, showers, and pool deck areas during the
period of SCHOOL DISTRICT scheduled activities.
5

D. Each District shall provide adequate lifeguarding,
instruction and supervision when it is using the
pool and dressing rooms.

Lifeguards, supervisors,
and instructors shall be qualified as required by
law and shall hold appropriate Red Cross
certification.

VII. Financial Obligations and Payments:

A. The PARK DISTRICT will reimburse the SCHOOL
DISTRICT for the actual maintenance and operation
expenses incurred as a result of the PARK
DISTRICT' S scheduled usage, including maintenance
supplies, chemicals, labor and other reasonable
costs.

B. The SCHOOL DISTRICT will make direct payment to the
utility company for all utilities needed to operate
and maintain the pool.

C. The PARK DISTRICT will reimburse the SCHOOL
DISTRICT for the utilities used during the PARK
DISTRICT' S scheduled usage.

D. The PARK DISTRICT' will reimburse the SCHOOL
DISTRICT for any costs obligated through Section IX
of this agreement.

VIII. Insurance:

A policy Of public liability insurance in the amount of one million dollars ($ 1, 000, 000), or a viable selfinsurance program, shall be obtained by the SCHOOL A

DISTRICT naming the PARK DISTRICT and the Town of Yucca Valley as additional named insured and protecting each
District against liability to a third person by negligent acts or omissions of either District in the operation of the pool.

A policy of public liability insurance in the amount of one million dollars ($ 1, 000, 000), or a viable selfinsurance program, shall be obtained by the PARK DISTRICT and the Town of Yucca Valley naming the SCHOOL DISTRICT as additional named insured and protecting each District against liability to a third person by negligent acts or omissions of either District in the operation of the
pool.

IX. Pool Repairs, improvements, and Alterations:

A. Any repairs or replacements to the pool, pool area,
or pool equipment including, but not limited to,
pool structure, pool drains, pool deck, underground
piping for filtering or electrical conduit and
wiring, filtering system, chlorination system, or
appurtenances, needed due to normal wear, change in
applicable code requirements, or an Act of Nature
such as fire, flood, or earthquake, will be
completed by the SCHOOL DISTRICT. The SCHOOL
DISTRICT shall notify the PARK DISTRICT in writing
of any repair or replacement which is estimated to
exceed a cost of $ 1, 000 prior to the repair or
7

replacement being made. The cost of such repairs
or replacements shall be shared equally by the PARK
DISTRICT and the SCHOOL DISTRICT.

B. Any alterations or improvements to the pool, pool
area, or pool equipment will be made by the SCHOOL
DISTRICT. Written notification will be given to
the PARK DISTRICT prior to beginning any
alterations or improvements._.
1> In the event that alterations or improvements
are required to maintain compliance with
current regulations, costs of the alterations
or improvements will be shared equally by the
PARK DISTRICT and the SCHOOL DISTRICT.
2> Any alterations or improvements which are
proposed to enhance the facility, improve
safety, or improve efficiency, may be
completed by the SCHOOL DISTRICT. The PARK
DISTRICT may share in such expenses by mutual
agreement.

C. Any alterations or improvements to the pool, pool
deck, and filter system shall meet the applicable
requirements of the Town of Yucca Valley, County of
San Bernardino or the State of California.

D. The SCHOOL DISTRICT and PARK DISTRICT will meet to
discuss any repair, alteration, or improvement
which is estimated to exceed a cost of$ 5, 000 in
0

order to validate the category of the expense and
to allow for proper budgeting by each Agency.

X. Reimbursement of Expenses:

Reimbursement to the SCHOOL DISTRICT pursuant to this
Agreement shall be made by the PARK DISTRICT within sixty ( 60 ) days after receipt of a statement therefore from the SCHOOL DISTRICT.

MORONGO UNIFIED SCHOOL DISTRICT
cBY: -
TITLE
Address: P. O. Box 1209
29 Palms CA 92277
Date: S ---2q -i 3
9 YUCCA VALLEY PARK AND

RECREATION DISTRICT
BY:

TITLE:

Address:

Date:

EXTENSION TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
and

THE TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Yucca Valley Park and Recreation District, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, the Governing Boards of each agreeing party wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 1995.

All other terms of the agreement remain as written.

MORONGO UNIFIED

SCHOOL DISTRICT
By:

Title:

Address: P. O. Box 1209
29 Palms, CA 92277
Date•

TOWN OF YUCCA VALLEY
By 9f
Address: 57090 29 Palms Hwy.

Yucca Valley, CA 92284
Date:

EXTENSION # 2

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
and

THE TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Yucca Valley Park and Recreation District, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, of the Agreement, the Governing Boards of each District wish to extend this agreement for a period of three years, thus extending the expiration date to May 28, 1998.

All other terms of the agreement remain as written.

MORONGO UNIFIED

SC OOL DISTRICT
By:

P cia B wn- Dempsey
Title: Assistant Supt., Bus. Services
Address: P. O. Box 1209
29 Palms, CA 92277
Date:

TOWN OF YUCCA VALLEY
Title: " 0
Address: 57090 29 Palms Hwy.

Yucca Valley, CA 92284
Date: o,,J

EXTENSION # 3

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

THE TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unif ied School District and the Yucca Valley Park and Recreation District, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section II, Part B, of the Agreement, the Governing board of each District wish to extend this agreement for a period of three years, thus extending the expiration date to May 28, 2001.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT
By: . '
am 5Majchrz`6k
Title: Asst Suat Business Services
Address: P. O. Box 1209
29 Palms, CA 92277
Date:

H:\ MYDATA \ WPDOCS\ yvpoolagree. wpd TOWN
OF YUCCA VALLEY By:

Title:

Address;
57090 29 Palms Hwy. Yucca
Valley, CA 92284 Date:

EXTENSION # 4

TO AGREEMENT

REGARDING SWIMMING POOL

WEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Se - ction 11, Part, B, of the Agreement, the Governing Board of each District wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 2002.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT TOWN OF YUCCA VALLEY
By:
sm c
Brad ger
Assis t uperintendentTo Man er ess
Services

EXTENSION # 5

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, of the Agreement, the Governing Board of each District wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 2003.

All other terms of the agreement remain as written.

IUV Lei Nel 61 LeI)SX111 aI IIa 11161 14i [001FolW-1Iffm B
a s Maj( hpk 0
Assi ant Superintendent
usiness Services
TO" OF YU VALLEY
By:
ill Neeb
Mayor of Yucca Valley

Board of Education
LoliLa Mendoza, President
Mel Flint
MORONGO Ken Morrison
Peclla UNIFIED SCHOOL DISTRICT
John
Kathy oreRoden
5715 Utah Trail ( P. O. Box 1209), Twenlynine Palms, CA 92277 ( 619) 367- 9191 or 365- 3394 Fax: ( 619) 367-7189 District Superintendent
May 24, 1993 John D. Dempsey
Yucca Valley Park and Recreation Department
57090 RIECIEliVr 29 Palms Highway Z
Yucca Valley, CA 92284
MAY 25 1993
Atten: Jim Schooler
TOWN OF VUCCA VALLEY Dear Mr. Schooler: C0111101UNITY SERVICES Enclosed please find two signed copies of the Agreement Regarding the Swimming Pool which was approved by the Board of Education at their meeting on May 18, 1993. Please sign and return one to my office.

If you have any questions, please do not hesitate to contact me. very truly yours,
JOHN D. DEMPSEY
Superintendent
Patricia Brown
A-E; sisiant Superintendent
Business Services
PB/ sl
Enclosure
Learning for Life * Page 126 of 477

AGREEMENT REGARDING SWIMMING POOL
This Agreement is entered into between MORONGO UNIFIED SCHOOL DISTRICT, hereinafter called SCHOOL DISTRICT, and the YUCCA VALLEY PARK AND RECREATION DISTRICT, or it' s successor, hereinafter called PARK DISTRICT.

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, Section 10900 et. seq. , of the Education Code of the State of California and Sections 5782. 2 and 5782. 3 of the Public Resources code of the State of California authorize and empower recreation and park districts and public school districts to cooperate with one another for the purpose of authorizing, promoting, and conducting programs of community recreation which will contribute to the attainment of general recreation and educational objectives for children and adults of this State; and WHEREAS, the SCHOOL DISTRICT and the PARK DISTRICT desire to cooperate with each other and to enter into an Agreement to carry out the purposes of said statutory provisions.

NOW, THEREFORE, in consideration of the covenants and premises contained herein, it is mutually agreed by and between the parties hereto as follows:

I. Swimming Pool:

A. The SCHOOL DISTRICT shall provide a swimming pool
and related facilities, located on the campus of
Yucca Valley High School.
1

B. The SCHOOL DISTRICT will provide said swimming pool
and related facilities in accordance with the terms
of this Agreement, to be used for community
recreation and physical education activities.

Term and Modification:

A. The term of this Agreement shall be for a period of
one ( 1) year, commencing on May 28, 1993.

B. This Agreement may be extended, revised, or amended
by mutual action of both governing boards. Each
single extension of this Agreement may not exceed
five ( 5) years.

C. This Agreement may be terminated prior to its
expiration by mutual agreement of the parties.

III. Liability:

A. The PARK DISTRICT shall hold harmless and free from
liability the SCHOOL DISTRICT, its officers,
agents, or employees from all damages, costs or
expenses which any of them shall become obligated
to pay by reason of liability imposed by law
because of damage to property or injury to or death
of persons caused by negligent acts or omissions of
the PARK DISTRICT in the operation of a community
recreation program upon said premises, including
the pool and diving board, the surrounding deck and
fence, the filter and heater room areas, and the
dressing and shower areas, and the PARK DISTRICT
2

shall be responsible for any and all damages to
school property caused by any recreational activity
being conducted on said premises by the PARK
DISTRICT. The PARK DISTRICT shall not be bound by
the provisions of this paragraph in the event such
injury or death is caused by reason of a structural
or mechanical defect in any equipment or facility
furnished or constructed by the SCHOOL DISTRICT, or
the negligent acts or omission of the SCHOOL
DISTRICT, its officers, agents, or employees.

B. The SCHOOL DISTRICT shall defend, hold harmless and
free from liability the PARK DISTRICT, and the Town
of Yucca Valley, their officers, agents, or
employees from liability imposed by law because of
damage to property or injury to or death of persons
caused by the use of any of said installations or
equipment, including the pool and diving board, the
surrounding deck and fence, the filter and heater
room areas., and the dressing and shower areas, in
connection with the SCHOOL DISTRICT programs or
while under supervision or control of SCHOOL
DISTRICT. The SCHOOL DISTRICT shall not be bound
by the provisions of this paragraph in the event
such injury or death is caused by reason of a
structural or mechanical defect in any equipment or
facility furnished or constructed by the PARK
DISTRICT, or the negligent acts or omissions of the
PARK DISTRICT, its officers, agents, or employees.
3

IV. Usage Arrangements:

A. The SCHOOL DISTRICT will provide showers and
dressing rooms to be used in conjunction with the
swimming pool. If the PARK DISTRICT uses the
dressing rooms during periods of time other than
the summer, they must have the SCHOOL DISTRICT' S
permission.

B. The PARK DISTRICT will have full use of the pool
and dressing rooms during the summer from the end
of each school year to be beginning of the next
school year. It may also use the pool at other
times with prior approval of the SCHOOL DISTRICT.

In such cases, the cost will be split on a prorated
basis of the percentage of usage between the SCHOOL
DISTRICT and the PARK DISTRICT.

C. The SCHOOL DISTRICT may use or rent out the
swimming pool during the regular school year. The
regular school year consists of the period
commencing on the first day of school in September
and lasting through the last day of school in June,
including Saturdays and Sundays. Summer school is
not a part of the regular school year. The SCHOOL
DISTRICT may use or rent out the pool at times
other than the regular school year when the PARK
DISTRICT is not using the pool, with prior
notification to the PARK DISTRICT. In such cases,
the cost will be split on a prorated basis of the
4

percentage of usage between the SCHOOL DISTRICT and
the PARK DISTRICT.

D. The periods of pool use for each respective
District shall be scheduled in writing on an annual
basis. This schedule shall be finalized by April I
of each year so that each District may
appropriately plan its scheduling and financial
needs.

V. Income:

A Income derived from rentals, admission charges, and
concessions during activities operated under the
supervision of the PARK DISTRICT pursuant to this
Agreement shall belong to the PARK DISTRICT.

B. Income derived from rentals, activities, and events
under the supervision of the SCHOOL DISTRICT
pursuant to this Agreement shall belong to the
SCHOOL DISTRICT.

VI. Operation and Maintenance:

A. The SCHOOL DISTRICT shall operate and maintain the
pool and shall determine the need for pool
maintenance and preventative maintenance.

B. The PARK DISTRICT shall maintain the dressing
rooms, showers, and pool deck areas during the
period of PARK DISTRICT scheduled activities.

C. The SCHOOL DISTRICT shall maintain the dressing
rooms, showers, and pool deck areas during the
period of SCHOOL DISTRICT scheduled activities.
5

D. Each District shall provide adequate lifeguarding,
instruction and supervision when it is using the
pool and dressing rooms. Lifeguards, supervisors,
and instructors shall be qualified as required by
law and shall hold appropriate Red Cross
certification.

VII. Financial obligations and Payments:

A. The PARK DISTRICT will reimburse the SCHOOL
DISTRICT for the actual maintenance and operation
expenses incurred as a result of the PARK
DISTRICT' S scheduled usage, including maintenance
supplies, chemicals, labor and other reasonable
costs.

B. The SCHOOL DISTRICT will make direct payment to the
utility company for all utilities needed to operate
and maintain the pool.

C. The PARK DISTRICT will reimburse the SCHOOL
DISTRICT for the utilities used during the PARK
DISTRICT' S scheduled usage.

D. The PARK DISTRICT will reimburse the SCHOOL
DISTRICT for any costs obligated through Section IX
of this agreement.

VIII. Insurance:

A policy of public liability insurance in the amount of one million dollars ($ 1, 000, 000), or a viable selfinsurance program, shall be obtained by the SCHOOL P

DISTRICT naming the PARK DISTRICT and the Town of Yucca Valley as additional named insured and protecting each
District against liability to a third person by negligent acts or omissions of either District in the operation of the pool.

A policy of public liability insurance in the amount of one million dollars ($ 1, 000, 000), or a viable selfinsurance program, shall be obtained by the PARK DISTRICT and the Town of Yucca Valley naming the SCHOOL DISTRICT as additional named insured and protecting each District against liability to a third person by negligent acts or omissions of either District in the operation of the
pool.

IX. Pool Repairs, Improvements, and Alterations:

A. Any repairs or replacements to the pool, pool area,
or pool equipment including, but not limited to,
pool structure, pool drains, pool deck, underground
piping for filtering or electrical conduit and
wiring, filtering system, chlorination system, or
appurtenances, needed due to normal wear, change in
applicable code requirements, or an Act of Nature
such as fire, flood, or earthquake, will be
completed by the SCHOOL DISTRICT. The SCHOOL
DISTRICT shall notify the PARK DISTRICT in writing
of any repair or replacement which is estimated to
exceed a cost of $ 1, 000 prior to the repair or
7

replacement being made. The cost of such repairs
or replacements shall be shared equally by the PARK
DISTRICT and the SCHOOL DISTRICT.

B. Any alterations or improvements to the pool, pool
area, or pool equipment will be made by the SCHOOL
DISTRICT. Written notification will be given to
the PARK DISTRICT prior to beginning any
alterations or improvements.__
1> In the event that alterations or improvements
are required to maintain compliance with
current regulations, costs of the alterations
or improvements will be shared equally by the
PARK DISTRICT and the SCHOOL DISTRICT.
2> Any alterations or improvements which are
proposed to enhance the facility, improve
safety, or improve efficiency, may be
completed by the SCHOOL DISTRICT. The PARK
DISTRICT may share in such expenses by mutual
agreement.

C. Any alterations or improvements to the pool, pool
deck, and filter system shall meet the applicable
requirements of the Town of Yucca Valley, County of
San Bernardino or the State of California.

D. The SCHOOL DISTRICT and PARK DISTRICT will meet to
discuss any repair, alteration, or improvement
which is estimated to exceed a cost of$5, 000 in
0

order to validate the category of the expense and
to allow for proper budgeting by each Agency.

X. Reimbursement of Expenses:

Reimbursement to the SCHOOL DISTRICT pursuant to this
Agreement shall be made by the PARK DISTRICT within sixty ( 60 ) days after receipt of a statement therefore from the SCHOOL DISTRICT.

MORONGO UNIFIED SCHOOL DISTRICT
BY:

TITLE: ,A---{ 64, gok El"' - Sel-A,-
I
Address: P. O. Box 1209
29 Palms, CA 92277
Date: 45 - _-- a q --q 5
9 YUCCA VALLEY PARR AND

RECREATION DISTRICT
BY:

TITLE:

FMOTOTVITIM
Date:

EXTENSION TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN NIORONGO UNIFIED SCHOOL DISTRICT
and

THE TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Yucca Valley Park and Recreation District, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, the Governing Boards of each agreeing party wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 1995.

All other terms of the agreement remain as written.

MORONGO UNIFIED

SCHOOL DISTRICT
By
Title:

Address: P. O. Box 1209
29 Palms, CA 92277
Date: - -

TOWN OF YUCCA VALLEY
By.

Address: 57090 29 Palms Hwy.

Yucca Valley, CA 92284
Date:

EXTENSION # 2

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
and

THE TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Yucca Valley Park and Recreation District, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, of the Agreement, the Governing Boards of each District wish to extend this agreement for a period of three years, thus extending the expiration date to May 28, 1998.

All other terms of the agreement remain as written.

MORONGO UNIFIED

SC ,HQOOIL DISTRICT
By: LC
wn- Dempsey
Title: Assistant Supt.,-Bus. Services
Address: P. O. Box 1209
29 Palms, CA 92277
Date: 91-

TOWN OF YUCCA VALLEY
Address: 57090 29 Palms Hwy.

Yucca Valley, CA 92284
Date:

EXTENSION # 3

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

THE TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unif ied School District and the Yucca Valley Park and Recreation District, or it' s successor, entered into an agreement for joint use of the swimming pool of Yucca Valley High School.

In accordance with Section II, Part B, of the Agreement, the Governing board of each District wish to extend this agreement for a period of three years, thus extending the expiration date to May 28, 2001.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT
y:. \ — 7 - J-"/— , Z
m Majchr k,,. 9
Title: Asst. 5upt., Business Services
Address: P. O. Box 1209
29 Palms, CA 92277
Date:
1 3 -- 1, ? o&"'
H:\ MYDATA \ WPDOCS\ yvpootogree. wpd tTOWN

OF YUCCA VALLEY M,
Title:

Address'.
57090 29 Palms Hwy. Yucca
Valley, CA 92284 Date:

EXTENSION # 4

TO AGREEMENT

REGARDING SWIMMING POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or it' s successor, entered into an agreement for joint use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, of the Agreement, the Governing Board of each District wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 2002.

All other terms ofthe agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT TOWN OF YUCCA VALLEY
By:

S M c 4 k) Brad
Assis t uperintendent To Man er
ess Services _
J

P4125/ 2002 4
21: 20 7603672512 MLJSD SWTBD PAGE 02
EXTENSION #5

TO AGREEMENT

REGARDING SWIMMMG POOL

BETWEEN MORONGO UNIFIED SCHOOL DISTRICT
AND

TOWN OF YUCCA VALLEY
On May 28, 1993, the Morongo Unified School District and the Town of Yucca Valley Community Services Department, or it' s successor, entered into an agreement for join, use of the swimming pool at Yucca Valley High School.

In accordance with Section 11, Part B, of the Agreement, the Governing Board of each District wish to extend this agreement for a period of one year, thus extending the expiration date to May 28, 2003.

All other terms of the agreement remain as written.

MORONGO UNIFIED SCHOOL DISTRICT
b) A4
s Maj
ssi t S
k
u!p2eY4rnteL3ndent usiness Services

TOWN OF
YUCCA VALLEY U-O7
Bill Neeb
Mayor of
Yucca Valley

Item: 10.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: September 8, 2026
Meeting Date: September 15, 2026
Subject: Authorization to Release Request for Proposal for Landscape Maintenance Services Recommendation:

Authorize the release of Request for Proposal, subject to minor modifications, for Landscape Maintenance Services along State Route 62 (SR 62) median islands, outer highway segments, Town median islands, Town facilities and parks.

Prior Review:

On January 16, 2024, the Town Council:
• Authorized and approved the first amendment to the contract with Mariposa Landscapes, Inc., increasing total compensation from $94,728.00 to $109,593.60 annually and extending the contract period for three (3) years ending December 31, 2026;
• Authorized an annual CPI Increase not to exceed 5% annually on the contract; and • Authorized the Mayor, Town Manager, and Town Attorney to sign all necessary documents for the contract amendment.

On October 18, 2022, the Town Council:
• Adopted Resolution No. 22-45 amending the FY 22-24 Amended Budget appropriating $21,000.00 from the Unassigned General Fund Reserve Fund Balance to the General Fund Animal Shelter account number 001-30-7110 and appropriating $26,000.00 from the Unassigned General Fund Reserve Fund Balance to the General Fund Parks Operations account number 001-58-7110 for each fiscal year of the two-year budget; • Awarded a contract for professional services to Mariposa Landscapes, Inc, with a maximum annual contract value of $94,728.00; and
• Authorized the Mayor, Town Manager, and Town Attorney to execute the agreement, authorizing the Town Manager to expend contingency funds, if necessary, for project

completion.

On July 19, 2022, the Town Council authorized the re-release of the Request for Proposals for Landscape Maintenance Services along State Route 62 (SR 62) median islands, outer highway segments, Town median islands, and Town facilities and parks.

On May 17, 2022, the Town Council authorized the release of a Request for Proposals for Landscape Maintenance Services along State Route 62 (SR 62) median islands, outer highway segments, Town median islands, and Town facilities and parks.

Discussion:

In January 2022, Town contracted for one year with Mariposa Landscapes, Inc., for the SR 62 median island landscape maintenance services. One amendment to the Agreement was approved by the Town Council in January 2024 that included increasing agreement amounts and a three-year term extension through December 31, 2026.

A Request for Proposals (RFP) has been prepared seeking competitive bids for the landscaping maintenance along State Route 62 (SR 62) median islands, outer highway segments, Town median islands, Town facilities and parks. RFP places responsibility upon any potential selected contractor for Caltrans and Town coordination, traffic control, maintenance, and irrigation repairs.

The site locations are detailed in the RFP and include:
• Landscape and concrete raised median islands along SR 62 within the Town limits, Town landscape and concrete raised median islands;
• Outer-Highway segments along SR 62 within the Town limits; • Town facilities of the Yucca Valley Aquatics and Recreation Center, Animal Shelter, Yucca Valley Branch Library, and the California Welcome Center; and, • Remembrance Park, Founders Plaza, and the Yucca Valley Park and Ride.

The preliminary schedule for the RFP process is as follows:

Release of RFP — Wednesday, September 16, 2026
Proposal due date — Thursday, October 15, 2026
Review of Proposals — October 16 – 19, 2026
Town Council Meeting –- Tuesday, November 3, 2026
Alternatives
No alternatives are recommended.

Fiscal Impact:

There are no fiscal impacts created by the release of the attached RFP, less advertising and circulation costs.

Attachments

1. Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026

2. TC Meeting Minutes 1.16.2024

3. TC Meeting Minutes 10.18.2022

4. TC Meeting Minutes 7.19.2022

5. TC Meeting Minutes 05.17.2022

G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 1

REQUEST FOR PROPOSAL (RFP)

LANDSCAPE MAINTENANCE SERVICES

TOWN OF YUCCA VALLEY
RELEASED ON WEDNESDAY, SEPTEMBER 16, 2026
PROPOSAL DUE DATE: THURSDAY, OCTOBER 15, 2026 @ 3:00 P.M.

G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 2

NOTICE INVITING SEALED PROPOSALS,

LANDSCAPE MAINTENANCE SERVICES

IN THE TOWN OF YUCCA VALLEY, CALIFORNIA
The Town of Yucca Valley is issuing this Request for Proposals (RFP) asking for sealed proposals from qualified contractors/firms, licensed in the State of California, for the purpose of providing landscape maintenance services for median islands on State Route 62 (SR 62), outer-highway areas, Town median islands, facilities, and parks. In general, the selected contractor shall be responsible for the maintenance of existing landscaping; obtaining permits and scheduling work in coordination with Caltrans and Town staff; traffic control pursuant to Caltrans permit requirements; and landscape and minor irrigation system maintenance of raised landscaped and concrete median islands, as well as the landscape maintenance of some Town facilities and parks.

SUBMITTAL OF PROPOSALS
Two (2) copies of the proposal and one (1) electronic copy of the proposal shall be submitted in a sealed envelope.

The proposal shall contain:

1. The technical proposal responding to this RFP shall include firm qualifications, references, license, and relevant experience along with additional information requested in the proposal requirements.

2. The fee proposal responding to this RFP shall include fee schedule, subcontractors, and number of working hours, along with additional information requested in the proposal requirements.

Proposal shall be mailed or delivered to the Office of the Town Clerk, Town of Yucca Valley, 57090 Twentynine Palms Highway, Yucca Valley, CA 92284; before Thursday, October 15, 2026, at 3:00 P.M. Pacific Time.

Sealed proposals must be made on the forms provided in the RFP documents and the envelope addressed to the Town of Yucca Valley and marked:

REQUEST FOR PROPOSALS

LANDSCAPE MAINTENANCE SERVICES
Proposal Deadline: Thursday, October 15, 2026, at 3:00 P.M NOTE: Electronic submittals will not be accepted. Proposals received after the time and date specified above will be considered nonresponsive and will be returned to the Contractor.

Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Contractor will be considered nonresponsive and rejected.

In this RFP, the Party submitting a bid may be referred to as Contractor, Proponent, or Bidder.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 3 1 BACKGROUND:

The Town of Yucca Valley is issuing this Request for Proposals (RFP) from qualified contractors/firms to provide annual landscape maintenance services for State Route 62 (SR 62) median islands, outer-highway segments, and a number of Town median islands, facilities, and parks within the limits of the Town of Yucca Valley. The awarded firm will work closely with Town staff to ensure the most appropriate care and maintenance of the Town’s landscaped areas described in this RFP.

It is the intent of the Town to award a Professional Services Agreement to the firm complying with all requirements of this Request for Proposal (RFP) including technical and fee proposals.

The Town reserves the right to further negotiate the terms and conditions of the Agreement. The Town reserves the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the Town. The maintenance services will be awarded based on demonstrated ability and performance providing similar services and proposed fees for those services. The Professional Services Agreement may or may not be awarded to the lowest cost proposal.
2 QUALIFICATIONS OF CONTRACTORS:

Each Contractor shall be fully qualified by ability, knowledge, and experience to satisfactorily perform the work required in these specifications and shall engage in the business of providing landscape maintenance services by the use of its own trained and qualified employees, equipment, material, and supplies. Contractor shall be fully licensed in the state of California to perform the services required under this contract.
3 REFERENCES AND QUALIFICATION REQUIREMENTS:

Contractor must present evidence indicative of its ability to finance, provide, and sustain the specified landscape maintenance services to the satisfaction of the Town. Failure to include the forms provided in Section II Pre-Award Proposal Forms or any of the other requested information in this RFP may cause the proposal to be deemed non-responsive, if the Town has no prior experience with the Contractor.
• Client References
• General Business Statement
• Work History & Experience
• Requirement for Post-Proposal Supplemental Information 4 LICENSES:

Contractor shall comply with the following:

The Contractor’s State License Board for the State of California has determined in writing that a C27 Landscape Contractor License is required to provide the services in these specifications. Each Contractor shall hold a valid C27 Landscape Contractor’s License and any other required permit or license at the time the proposal is submitted.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 4 Prior to commencement of work, the awarded Contractor must obtain and maintain in effect during the term of the Agreement, a valid Town of Yucca Valley Business Registration Certificate. 5 MANDATORY PRE-PROPOSAL CONFERENCE:

A mandatory conference shall be held for the purpose of clarifying any issues and answering questions. Due to the nature of the scope of work, no proposal will be accepted from a Contractor who fails to attend the conference as scheduled. Contractors shall be required to sign in at the conference.
6 MANDATORY PRE-PROPOSAL CONFERENCE SCHEDULE:

Time: 9:30 A.M.

Date: Thursday, October 1, 2026
Location: Town of Yucca Valley
Community Development/Public Works Offices
58928 Business Center Drive
Yucca Valley, CA 92284
7 RECOMMENDED SITE VISITS:

The Town of Yucca Valley recommends that the contractors independently visit each site prior to the Mandatory Pre-Proposal Conference. It shall be the contractor’s responsibility to examine each area and be familiar with the general condition of the site, its appurtenances, and amenities. 8 SITE LOCATIONS THAT FALL UNDER THIS RFP:

8.1 SR 62 RAISED MEDIAN ISLANDS
There are eleven (11) segments on SR 62 of raised concrete median islands. From Fairway Drive to Hermosa Avenue, there are 10,762 total linear feet of concrete median islands.

There are eight (8) segments on SR 62 of raised landscaped median islands. From Fairway Drive to Hermosa Avenue, there are 4,785 total linear feet of landscaped median islands.

8.2 OUTER-HIGHWAY AREAS AND LOCATIONS
There are seven (7) areas of outer-highway (parallel to SR 62):

Area 1: South side of SR 62, Hanford Avenue to Prescott Avenue – 17,000 SF Area 2: North side of SR 62, SR 247 to Airway Avenue – 34,800 SF Area 3: South side of SR 62, Joshua Lane to Airway Avenue – 36,000 SF Area 4: North side of SR 62, Sage Avenue to Barberry Avenue – 14,854 SF Area 5: South side of SR 62, Both Sides of Sage Avenue – 8,170 SF Area 6: South side of SR 62, Dumosa Avenue to Joshua Lane – 32,550 SF Area 7: North side of SR 62, Balsa Avenue to Hanford Avenue – 20,780 SF

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 5

8.3 TOWN RAISED MEDIAN ISLANDS
There are six (6) segments within the Town limits of raised median islands, five concrete medians and one landscaped median.

Segment 1: Dumosa Avenue, SR 62 to South End of Concrete Median – 194 feet Segment 2: Joshua Lane, SR 62 to South End of Concrete Median – 330 feet Segment 3: Balsa Avenue, SR 62 to North End of Concrete Median – 363 feet Segment 4: Mohawk Trail from SR 62 to North End of Concrete Median – 155 feet Segment 5: Old Woman Springs Road from SR 62 to North End of Concrete Median – 349 feet
Segment 6: Linda Lee Drive, SR 62 to Barron Drive of Landscape Median – 1391 feet

8.4 TOWN FACILITIES LOCATIONS
There are four (4) facilities throughout the Town:

Facility 1: Animal Shelter, 4755 Malin Way
Facility 2: Yucca Valley Branch Library, 57271 Twentynine Palms Highway Facility 3: California Welcome Center, 56711 Twentynine Palms Highway Facility 4: YV Aquatics & Recreation Center, 56630 Little League Drive

8.5 PARKS LOCATIONS
There are three (3) parks throughout the Town:

Park 1: Remembrance (Triangle) Park, SR 62 at Yucca Trail and Apache Trail Park 2: Yucca Valley Park and Ride, 7485 Kickapoo Trail Park 3: Founders Plaza, Elk Trail between SR 62 & Yucca Trail 9 SCOPE OF WORK:

9.1 SR 62 MEDIAN ISLANDS AND OUTER-HIGHWAY AREAS

9.1.1 MAINTENANCE OF THE LANDSCAPE MEDIANS:

The work shall include furnishing all labor, equipment, and supplies necessary to provide landscape and irrigation maintenance services, which includes, but is not limited to weed and trash removal, plant replacement, minor irrigation system repair and maintenance for the eight (8) segments of SR 62 raised landscaped median islands and seven (7) areas of outer-highway located on the north and south sides of SR 62.

9.1.2 MAINTENANCE OF CONCRETE MEDIANS:

The work shall include furnishing all labor, equipment and supplies necessary to provide maintenance services, which includes, but is not limited to weed abatement, debris removal, and sweeping for eleven (11) segments of raised concrete median on SR 62.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 6

9.1.3 TRAFFIC CONTROL PLAN:

The Contractor is responsible for the preparation of traffic control plans required by Caltrans in order to obtain Caltrans Encroachment Permit(s). Traffic control plans need to be prepared and stamped by a Professional Civil Engineer licensed in California.

9.1.4 TRAFFIC CONTROL:

The Contractor is completely responsible for installation, maintenance, and removal of all traffic control required by the Caltrans Encroachment Permits. In the event the Contractor subcontracts the traffic control portion of the work, the subcontractor shall hold a valid C-31 Construction Zone Traffic Control Contractor License issued by the Contractor’s State License Board for the State of California.

9.1.5 CALTRANS AND TOWN COORDINATION
The Contractor shall coordinate with Town and Caltrans staff to schedule work and to request the lane closures in accordance with Encroachment Permit requirements.

The Contractor will be required to participate in the Pre-Construction Meeting with Caltrans and Town representatives, held at the location selected by Caltrans representative, after the annual permit is approved by Caltrans.

Caltrans Double Permit Requirements:

A double permit from Caltrans will be required for the maintenance of median islands on SR 62 and outer-highway areas.

The Town will apply for a Caltrans Encroachment Permit for the landscape maintenance of median islands on SR 62 and outer-highway areas.

The Contractor must also apply for a secondary Caltrans Encroachment Permit (double permit) for the landscape maintenance of median islands on SR 62 and outer-highway areas.

Both permits are required to perform the landscape maintenance of median islands and outer-highway areas along SR 62.

9.1.6 MAINTENANCE SCHEDULE
The minimum number of required maintenance services performed on SR 62 median islands and outer-highway areas is four (4) times per year or once every three (3) months.

9.2 TOWN MEDIAN ISLANDS

9.2.1 MAINTENANCE OF THE LANDSCAPE MEDIANS:

The work shall include furnishing all labor, equipment, and supplies necessary to provide landscape and irrigation maintenance services, which includes, but not limited to weed and trash removal, plant replacement, minor irrigation system repair and maintenance for the Town segment of raised landscaped median islands located on Linda Lee Drive, between SR 62 to Barron Drive.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 7

9.2.2 MAINTENANCE OF CONCRETE MEDIANS:

The work shall include furnishing all labor, equipment, and supplies necessary to provide maintenance services, which includes, but is not limited to weed abatement, debris removal, and sweeping for the segments of raised concrete median within the Town limits listed in 8.3. TOWN RAISED MEDIAN ISLANDS.

9.2.3 TRAFFIC CONTROL PLAN:

The Contractor is responsible for the preparation of traffic control plans required by the Town in order to obtain the Town Encroachment Permit(s). Traffic control plans need to be prepared and stamped by a Professional Civil Engineer licensed in California.

9.2.4 TRAFFIC CONTROL:

The Contractor is completely responsible for installation, maintenance, and removal of all traffic control required by the Caltrans Encroachment Permits and shall follow the CA MUTCD standards for temporary traffic control. In the event the Contractor subcontracts the traffic control portion of the work, the subcontractor shall hold a valid C-31 Construction Zone Traffic Control Contractor License issued by the Contractor’s State License Board for the State of California.

9.2.5 TOWN COORDINATION
The Contractor shall coordinate with Town staff to schedule work and to request the lane closures in accordance with Encroachment Permit requirements.

9.2.6 MAINTENANCE SCHEDULE
The minimum number of maintenance services for Town median islands is four (4) times per year or once every three (3) months.

9.3 TOWN FACILITIES AND PARKS

9.3.1 MAINTENANCE OF EXISTING FACILITIES
The work shall include trimming trees and bushes as needed, weeding, and raking as needed, weed abatement on concrete, parking lots, and landscape designed areas, repair all tree wells, irrigation checks, and small repairs, removal of all trash and debris and haul away to landfill, blow off all areas completely.

9.3.2 MAINTENANCE SCHEDULE
The above services (9.3.1) will be performed twice per month in the summer and once per month in the winter, a minimum of eighteen (18) times per year.

Summer – April, May, June, July, August, and September (twice/month).

Winter – October, November, December, January, February, and March (once/month).

Contractor must notify Parks Supervisor at least forty-eight (48) hours prior to performing maintenance services at Town Facilities and Parks.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 8 10 PROPOSAL SUBMITTAL:

10.1 INQUIRIES/CLARIFICATIONS
All requests for clarification for this RFP must be made in writing and directed to:

Joe Bowers – Parks Supervisor – Town of Yucca Valley
E-Mail: [email protected]
Requests for information or clarification must be received by Thursday, October 8, 2026, at 5:00 P.M. Clarification responses will be provided to all contractors that have expressed interest through an addendum to the RFP. The Town will not respond to verbal questions submitted by telephone or in person.

10.2 SCHEDULE FOR SUBMITTAL AND SELECTION

TASK DATE/TIME
RFP Issued Wednesday, September 16, 2026
Pre-RFP Mandatory Meeting Thursday, October 1, 2026, at 9:30 A.M.

Deadline Submitting Questions Thursday, October 8, 2026, at 5:00 P.M.

Addendum Issued Thursday, October 10, 2026, at 5:00 P.M.

Proposal Due Date & Time Thursday, October 15, 2026, at 3:00 P.M.

Town Review of Proposals October 16–23, 2026
Award Contract Wednesday, November 4, 2026
A mandatory Pre-Proposal Meeting will be held in the Community Development/Public Works Offices located at 58928 Business Center Drive, Yucca Valley, CA 92284 on Thursday, October 1, 2026, at 9:30 A.M. Respondents will have an opportunity at the conference to ask questions about the RFP, including Proposal requirements and procedures, the services required, and project details.

The pre-proposal meeting is mandatory for the prime contractor. Contractors who are interested must register as a prospective proponent by downloading the RFP package at:
https://www.yucca-valley.org/business/request-for-proposal-rfp. There will be no charge if bidders are willing to obtain electronic copies of the maps, specifications, and other contract documents from the Town’s website.

Paper copies of the maps, specifications, and other contract documents may be obtained upon payment of a non-refundable fee of $80.00 for each set. Requests that contract documents be mailed must be accompanied by an additional shipping fee of $20.00 or a total of $100.00 per mailed set. The additional shipping fee will be waived if an active express mail account number is provided.

All proponents downloading or requesting maps and specifications MUST complete all required information on the website or at the Office of the Town Clerk to be placed on the bidder’s list in the event that addenda are issued.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 9

10.3 SUBMISSION INSTRUCTIONS
Proposal shall be mailed or delivered to the Office of the Town Clerk located at 57090 Twentynine Palms Highway, Yucca Valley, CA 92284; on or before Thursday, October 15, 2026, at 3:00 P.M.

Pacific Time.

Sealed proposals must be made on the forms provided in the RFP documents and addressed to the Town of Yucca Valley marked:

REQUEST FOR PROPOSALS

LANDSCAPE MAINTENANCE SERVICES
Proposal Deadline: Thursday, October 15, 2026, at 3:00 P.M.

NOTE: Electronic submittals will not be accepted. Proposals received after the time and date specified above will be considered nonresponsive and will be returned to the Contractor.

Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Contractor will be considered nonresponsive and rejected.

10.3.1 TECHNICAL PROPOSAL
The technical proposal shall contain the following information:
• Cover Letter (1 page):The cover letter shall include a summary of the Statement of Qualifications, including a brief description of the proposed Contractor company and Contractor’s key staff to be assigned to this project.
• Project Approach (2 pages): A project approach for all work describing how the Contractor and any proposed subcontractor plan to accomplish the tasks described, including an estimate of the level of effort (man-hours) to be expended. This project approach should demonstrate a clear understanding of the required scope of work. • Contractor’s Employees (1 page): The names of the Contractor’s staff to be assigned to this project, their proposed duties, and their relative experience. Any specialized experience of the firm and its personnel, relative to the required scope of work, should be mentioned here.
• Contractor’s Primary and Secondary Offices(1 page): Contractor shall identify the physical location(s) of the Contractor’s primary and secondary office locations. • Client References (1 page): Contractor shall furnish a list of five (5) current customers, including company name, street address, telephone number and contact or person for who contractor has or is providing similar services. The Town intends to contact these customers to determine reliability, contractor’s performance, service quality and other information.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 10 • Contractor’s Proposal Form: Business name, Contractor’s name, title, contact information and signature certifying that all information in the submission is true and complete. (See Section II: – Pre-Award Proposal Forms.) • Conflicts of Interest: Full disclosure of other client relationships that could present possible conflicts of interest or affect the proposed scope of work. (See Section II – PreAward Proposal Forms.) • Experience Statement: A statement of all the important business activities of Contractor’s major business, the owners’ names, phone numbers, some contract information. This statement emphasizes the last five (5) years of experience in the provision of specified maintenance services at similar sized facilities and areas with similar services levels as those required for this project. Contractor’s other business or professional references may be listed on a separate sheet.

In addition to successful contracts, list all contracts cancelled or not renewed within the last three (3) years, giving reason for cancellation or non-renewal. Provide names, street address, telephone numbers and contact person in each instance. (See Section II – PreAward Proposal Forms.) • List of Subcontractors: Contractor shall include in his proposal the list of subcontractors to be used on this project. (See Section II – Pre-Award Proposal Forms)

10.3.2 FEE PROPOSAL
Fee proposal shall contain the following information:
• Schedule of Items, Quantities, and Prices Form: A schedule of items describing all areas to provide landscaping services and number of services per year is provided in Section II – Pre-Award Proposal Forms. Contractor must acknowledge the receipt of all addenda. (See Fee Proposal – Pre-Award Proposal Forms)
Additional Information on Schedule of Items, Quantities and Prices Form The Town reserves the right to accept and reject any or all proposals received as a result of this request; to award this Request for Proposal in part or in its entirety; to negotiate with any qualified contractor; to cancel this Request for Proposal in part or in its entirety; and to procure alternate or additional consulting services. • Contractor Rate Schedule: a rate per hour for all contractor staff or labor classification participating in the project. (See Fee Proposal – Pre-Award Proposal Forms) 11 SELECTION CRITERIA:

The following selection criteria will be used in evaluating the proposals and selecting the successful consulting firm. This criterion is not listed in any order of priority.

Client References as described in 10.3.1 Technical Proposal.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 11 General Business Statement: A statement of all the important business activities of Contractor’s major business. This statement should emphasize the required minimum of two consecutive years of recent experience in the provision of specified maintenance services at similar sized facilities and areas with similar services levels as those required for this Agreement.

Work History: In addition to Client References, list all contracts cancelled or not renewed within the last three (3) years, giving reason for cancellation or non-renewal. Provide names, street address, telephone numbers and contact person in each instance.

Requirement for Supplemental Information: Following evaluation of proposals, and prior to any consideration of award, the apparent responsible Contractor(s) may be required to provide supplemental information. The supplemental information will be used to evaluate the Contractor’s ability to fulfill the terms of the Agreement and determine the relative values and benefits of utilizing the Contractor in lieu of Town staff.

Soundness and matter of completeness in which the proposed project approach is presented in the proposal.

Quality of work previously performed, and record of the Contractor in accomplishing their work on schedule, and within cost proposals.

Accessibility to the Contractor’s office.

Costs for providing services as described in the proposal.

The Contractorshall enter into a formal agreement with the Town for the services to be rendered.

A sample agreement is enclosed for your review.

The Contractor shall carefully review the agreement, especially in regard to the indemnity and insurance provisions, and include with the proposal a description of any requested exceptions to the standard agreement. If there are no exceptions, a statement to that effect shall be included in the proposal.

11.1 ADDITIONAL INFORMATION

11.1.1 INDEMNIFICATION:

Contractor shall indemnify, protect, defend and hold harmless the Town, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual alleged, or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractor of Contractor.

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 12

11.1.2 INDEPENDENT CONTRACTOR:

While engaging in carrying out and comply with the terms and conditions of the duties outlined in this RFP, the Contractor is an independent contractor, and not an officer, agent or employee of the Town of Yucca Valley. The personnel performing services shall at all times be under the Contractor’s exclusive direction and control and shall be employees of Contractor and not employees of the Town of Yucca Valley. The Contractor shall pay all wages, salaries and other amounts due its employees in connection with the Agreement and shall be responsible for all reports and obligations respecting them, including, but not limited to Social Security, income tax withholding, unemployment compensation, worker’s compensation insurance, state disability insurance and all similar matters.

All services to be rendered under the Agreement by the Contractor shall be subject to the control of the Town. Contractor shall advise the Town of matters of importance and make recommendations when appropriate; however, final authority shall rest with the Town.

11.1.3 TERM OF AGREEMENT:

The Agreement awarded to the successful Contractor under this RFP shall be for a period of two (2) years beginning January 1, 2027, and ending on December 31, 2028. Upon the mutual consent of both parties, it may be extended for an additional two (2) years.

11.1.4 TERMINATION:

The Town of Yucca Valley, or the Contractor, may terminate this agreement at any time during the term, upon thirty (30) days prior written notice to the other party without further liability.

11.1.5 ADDITIONAL SIMILAR SERVICES:

The Town shall have the right at any time during the performance of the services, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work.

These additional similar services are separate from the services specifically set forth in the Scope of Work and will be negotiated between the Town and the Contractor.

No additional services will be undertaken unless a written order is first given by the Town to the Contractor, incorporating any adjustment in the Contract Sum for the actual cost of the extra services.

The Town may in its sole and absolute discretion have similar work done by other contractors.

11.1.6 OTHER:

This Request for Proposal does not commit the Town to award a contract, or to pay any costs incurred in the preparation of the proposal. The Town reserves the right to extend the due date for the proposal; to accept and reject any or all proposals received as a result of this request; to negotiate with any qualified contractor; to cancel this Request for Proposal in part or in its entirety; and to procure alternate or additional contractor

SECTION I: INSTRUC TIONS, DE FINITIONS, AND REQUIREME NTS G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 13 services. The Town may require the selected Contractor to participate in negotiations and to submit revised technical and/or fee proposals, or other revisions to their proposals as may result from negotiations.

SECTION II: PR OP OSA L FORMS
G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 14 TECHNICAL PROPOSAL – PRE-AWARD PROPOSAL FORMS
• Contractor’s Technical Proposal Form
• Conflict of Interest Statement
• Experience Statement
• List of Subcontractors

SECTION II: PR OP OSA L FORMS
G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 15 CONTRACTOR’S TECHNICAL PROPOSAL FORM

REQUEST FOR QUALIFICATION/PROPOSAL

LANDSCAPE MAINTENANCE SERVICES
This form is to be completed and submitted along with the Proposal.

I/We the Undersigned, having examined this Request for Qualifications/Proposals and all associated Addenda, do hereby affirm the acceptance of the requirements of the Request for Qualification/Proposal.

I/We do certify that the information supplied in this submission to be true and complete in all aspects.

This proposal issubmitted by: _____________________________________________________ Address: ______________________________________________________________________ Telephone: Fax: _____________________________________
E‐mail Address: _________________________________________________________________ Name of Authorized Person (s): ____________________________________________________ Position(s) of thePerson(s): _______________________________________________________ Proponent Authorized Signature: ___________________________________________ Date: ______________________
Signature in the designated space, by an authorized officer of the Proponent’s company affirms acceptance of the Request for Qualification/Proposal requirements set forth in this document, the associated costs, where applicable, attributed to the business arrangement between the Proponent and the Town of Yucca Valley, and hereby certifies that the information supplied in this submission to be true and complete in all respects.

SECTION II: PR OP OSA L FORMS
G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 16

CONFLICT OF INTEREST STATEMENT
The Proponent must identify and describe in detail each conflict of interest, if applicable.

Use at least one form for each firm and attach additional documentation as necessary.

I. Describe in detail the nature of the actual or potential conflict(s) (involving Project, personnel, financial advantage, or another item):
a) Project,
b) personnel,
c) financial advantage, or
d) other item
II. For each actual or potential conflict above, describe in detail the measures proposed to mitigate:

III. Describe in detail the intended effect of the proposed measures on the actual or potential conflict(s) and how the proposed measures will mitigate the actual or potential conflict(s):

Signature ____________________________________________ Date _____________________ If a potential conflict has been identified, please provide name and phone number for a contact person authorized to discuss this disclosure form with Town of Yucca Valley contract personnel.

Name & Title _____________________________________ Phone ________________________ Solicitation # ________________________ Firm Name _________________________________

SECTION II: PR OP OSA L FORMS
G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 17

EXPERIENCE STATEMENT
The contractorshall submit, as a part of its proposal, the following statements as to its experience qualifications. The bidder certifies that all statements and information set forth are true and accurate.
a. The bidder has been engaged in the contracting business under its present business name for ____________ years.
b. Experience in work of nature similar in type and magnitude to that set forth in the specification extends over a period of ___________ years. c. The bidder, as Contractor, has satisfactorily completed all contracts awarded to it, except as follows: (Name any and all exceptions and reasons therefore. Bidder should attach additional pages if necessary).

1. __________________________________________________

2. __________________________________________________
d. The following contracts covering work similar in type and magnitude to that set forth in the specification have been satisfactorily completed within the last five (5) years for the following owners (person, firms, or authorities):

Owner’s Name : ______________________________________________________________ Phone Number: ________________________
Contract Amount: $_____________________ Year Completed: _______________________ Type of Work: ________________________________________________________________ Owner’s Name : ______________________________________________________________ Phone Number: ________________________
Contract Amount: $_____________________ Year Completed: _______________________ Type of Work: ________________________________________________________________ Owner’s Name : ______________________________________________________________ Phone Number: ________________________
Contract Amount: $_____________________ Year Completed: _______________________ Type of Work: ________________________________________________________________ Owner’s Name : ______________________________________________________________ Phone Number: ________________________
Contract Amount: $_____________________ Year Completed: _______________________ Type of Work: ________________________________________________________________

SECTION II: PR OP OSA L FORMS
G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 18

LIST OF PROPOSED SUBCONTRACTORS
If awarded the contract, the bidder proposes to employ the following subcontractors, which will perform work or labor or render service to the bidder in or about the construction of the work in an amount in excess of one-half of one percent (0.50%) of the total amount bid or in the case of streets and highways work, one-half of one percent (0.50%) or ten thousand dollars ($10,000) whichever is greater. The bidder shall not be allowed to substitute another subcontractor for the subcontractor listed below without the written approval of the Town. If no subcontract work is proposed, except within the one-half of one percent (0.50%) limit set forth above, the bidder shall so state.

Subcontractor Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________ Subcontractor Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________ Subcontractor Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________ Subcontractor Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________ Subcontractor Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________

SECTION II: PR OP OSA L FORMS
G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 19 FEE PROPOSAL – PRE-AWARD PROPOSAL FORMS
• Schedule of Items, Quantities and Prices Form
• Proponent Fee Schedule

SECTION II: PR OP OSA L FORMS
G:\RFP's\2026\Landscape Maintenance\Draft RFP- LANDSCAPE MAINTENANCE SERVICES- 9 8 2026.docx Page 20

SCHEDULE OF ITEMS, QUANTITIES AND PRICES FORM
______________________________________________________________________________ (Name of Bidder)
In accordance with Town's INVITATION FOR PROPOSALS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents and any addenda, thereto, and to perform all work in the manner and time prescribed therein.

BIDDER understands that a bid is required for the entire work. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, transportation and fees.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and providing the necessary insurance certificates within ten working days after the date of the Town's notice of award of contract to the BIDDER, the award of contract can be withdrawn.

In case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and the accurate and mathematically correct summation of the total bid item amounts shall govern over the total for comparison summation figure and words listed on the proposal form.