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HomeMy WebLinkAbout01_012 TCSD ResolutionRESOLUTION NO. CSD 01-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF TEMECULA COMMUNITY SERVICES DISTRICT APPROVING THAT CERTAIN AGREEMENT ENTITLED "VAIL RANCH ANNEXATION AGREEMENT NO. I (MEDIAN MAINTENANCE AGREEMENT) BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE COUNTY OF RIVERSIDE" THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT HEREBY RESOLVES AS FOLLOWS: Section 1. The Board of Directors of the Temecula Community Services District does hereby find, determine and declare that: The Local Agency Formation Commission (LAFCO) adopted its Resolution No. 35-00 on November 16, 2000, approving the proposed reorganization designed as LAFCO No. 2000-10-1 which included annexation to the City of Temecula of the area generally known as Vail Ranch. The City of Temecula, as the designated conducting authority, adopted its Resolution No. 2001-17 on February 13, 2001 ordering the annexation. The Annexation will be effective on July 1,2001. The County of Riverside, through County Service Area 143, has been maintaining the landscaped medians and parkways with the Vail Ranch Area and surrounding areas. Upon the effective date of the Annexation, some median and parkway areas will straddle the new boundary line and will be partially within the jurisdiction of the District and partially within the boundary of the County. In order to most efficiently provide for the maintenance of these landscaped median and parkway areas, the District and the County have agreed to divide the maintenance responsibilities for these areas. The Agreement approved by this Resolution furthers the public health, safety and general welfare of the residents of Riverside County and the City of Temecula. Section 2. The Board of Directors of the Temecula Community Services District hereby approves that certain agreement entitled "Vail Ranch Annexation Agreement No. 1 (Median Maintenance Agreement) Between the Temecula Community Services District and the County of Riverside" and authorizes the Chairman to execute the Agreement on behalf of the District in substantially the form attached hereto as Exhibit A. Section 3. of Directors. The Secretary shall certify to the adoption of this Resolution by the Board R:/CSD Resos2001/CSD 01-12 1 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 12th day of June, 2001. ~":[SEAL] ~ President Jeffrey E. Stone STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss TEMECULA COMMUNITY SERVICES DISTRICT) I, Susan Jones, CMC, Secretary of the Temecula Community Services District, Temecula California, do hereby certify that Resolution No. TCSD 01-12 was duly and regularly adopted by the Board of Directors of the Temecula Community Services at a regular meeting thereof held on this 12th day of June, 2001, by the following vote: AYES: 4 BOARDMEMBERS: Comerchero, Naggar, Roberts, Stone NOES: 0 BOARDMEMBERS: None ABSENT: 1 BOARDMEMBERS: Pratt ABSTAIN: 0 BOARDMEMBERS: None es, CMC '~...~ ~...._~ Secretary R:/CSD Resos2001/CSD 01-12 2 VAIL RANCH ANNEXATION AGREEMENT AGREEMENT NO. 1 (MEDIAN/PARKWAY MAINTENANCE AGREEMENT) BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is dated as of June 19, 2001 by and between the Temecula Community Services District ("District") and the County of Riverside. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each party hereto acknowledges as true and correct: a. The Local Agency Formation Commission of the County of Riverside adopted its Resolution No. 35-00 on November 16, 2000, making determinations and approving the proposed reorganization designated as LAFCO No. 2000-10-1, including concurrent annexations to the City of Temecula and the Temecula Community Services District and concurrent detachments from the Riverside County Waste Resources Management District, County Service Area 143 and County Service Areas 152 of territory generally known as the Vail Ranch Specific Plan Area and more specifically described in Exhibit A attached to LAFCO Resolution No. 35-00. b. The City Council of the City of Temecula, as the designated conducting authority, adopted its Resolution No. 2001- on February 13, 2001 ordering the reorganization of the Vail Ranch Specific Plan Area, LAFCO No. 2000-I 0-1 to the City of Temecula and the Temecula Community Services Area and the detachment of those areas from the Riverside County Waste Resources Management District, County Service Area 143, and County Service Area 152 ("Annexation"). c. Currently, the County, through County Service Area 143, provides for the maintenance of the landscaped medians and parkways in the Vail Ranch Area and the surrounding areas. d. Upon the effective date of the Annexation, some median and parkway areas will straddle the new boundary line and will be partially in the jurisdiction of the District and partially within the jurisdiction of the County. In order to most efficiently provide the maintenance of these median and parkway areas, the parties have agreed to divide the maintenance'responsibilities for these areas. e. For the purposes of this Agreement, "Maintenance Area A" is defined as both sides of the landscaped median on Redhawk Parkway between Temecula Creek and Vail Ranch Parkway, as more particularly described and depicted on Exhibit A. The easterly portion of the median will be within the jurisdiction of the District and the westerly portion will be within the jurisdiction of the County upon the effective date of the Annexation. 653227.2 May30, 2001 1 £ For the purposes of this Agreement, "Maintenance Area B" is defined as the Vail Ranch monument sign area consisting of approximately 3.69 acres of land adjacent to Vail Ranch Parkway southeasterly of the intersection of Vail Ranch Parkway and Redhawk Parkway, as more particularly described and depicted on Exhibit B. All of Maintenance Area B will be within the jurisdiction of the District upon the effective date of the Annexation. g. For the purposes of this Agreement, "Maintenance Area C" is defined as both sides of the landscaped median on Vail Ranch Parkway between Nighthawk Pass and Tehachapi Pass, as more particularly described and depicted on Exhibit C. The northwesterly portion of the median will be within the jurisdiction of the District and the southeasterly portion will be within the jurisdiction of the County upon the effective date of the Annexation. h. With respect to Maintenance Area A, the District warrants and represents to the County that, as of the effective date of the Annexation, it is authorized to go onto Maintenance Area A within the jurisdiction of the District for the purposes of maintenance and that it has the authority to allow the County to maintain the District's portion of Maintenance Area A on behalf of the District. i. With respect to Maintenance Area C, the County warrants and represents to the District that it is authorized to go onto Maintenance Area C for the purposes of maintenance and that it has the authority to allow the District to maintain its portion of Maintenance Area C on behalf of the County. j. This Agreement benefits both the District and the County by allowing for uniform and efficient maintenance of the medians and parkways. 2. Maintenance Responsibilities. County shall maintain, at its sole cost and expense, Maintenance Area A. District shall maintain, at its sole cost and expense, Maintenance Area B and Maintenance Area C. a. For the purposes of this Agreement, the terms "maintain" shall mean (i) mowing, trimming, pruning, preserving, irrigating, fertilizing and otherwise preserving the vegetation and trees within the Maintenance Area; (ii) cleaning, servicing, repairing and replacing the irrigation equipment, monuments or other hardscape features installed within the Maintenance Area; (iii) removing trash and debris from the Maintenance Area; and (iv) payment of all utilities, including, but not limited to, water and electricity, for the Maintenance Area. b. Each party shall maintain the Maintenance Areas for which it is responsible in a manner consistent with the maintenance of other medians and parkway areas maintained by the jurisdiction. c. District hereby grants to the County a non-exclusive license to go onto that portion of Maintenance Area A in the possession of the District for the purposes of performing County's obligations under this Agreement. 653227.2 May30, 2001 2 d. County hereby grants to the District a non-exclusive license to go onto that portion of Maintenance Area C in the possession of the County for the purposes of performing District's obligations under this Agreement. 3. Transfer of CSA 143 Fund Balance for Vail Ranch Area. Currently, the County, through County Service Area 143 imposes rates and charges to fund the maintenance of the landscaped medians and parkways in the Vail Ranch Area and the surrounding areas. Upon the effective date of the Annexation the parties anticipate that CSA 143 will have funds which have been collected from properties within the Annexation Area for the maintenance of the landscaped medians and parkways in the Vail Ranch Area. The parties also understand and acknowledge that following the effective date of the Annexation, CSA 143 will need to pay for the expenses incurred prior to the Annexation for maintenance of the medians and parkways within the Vail Ranch Area. The parties agree that following the payment of all expenses incurred by CSA 143 for the Vail Ranch Area, the County will pay to the District the funds remaining in CSA 143, which sum is estimated by the parties to be one hundred ninety thousand dollars ($190,000.00). District agrees to use such funds only for the maintenance of landscaped medians and parkways within the Annexation Area. 4. Term. The term of this Agreement shall be twenty (20) years from the effective date of the Annexation, unless sooner terminated as provided in this Agreement. 5. Indemnification. a. County agrees to defend, indemnify, protect and hold harmless the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the County's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the District. b. District agrees to defend, indemnify, protect and hold harmless the County, its officers, officials, employees and volunteers from .and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the County, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the District's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Property, excepting only liability arising out of the negligence of the County. 6. Defaults and Remedies a. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement 653227.2 May 30, 2001 3 constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party, specifying the default complained of. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. d. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enfome any such rights or remedies. e. Ifa default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses incurred in the action. 7. Termination of Agreement. Either party may terminate this Agreement, for any reason, as provided in this section. Termination shall be initiated by written notice to the other party delivered on or before March I with the termination to take effect on June 30 of that year. 8. Force Maieure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either District or County is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or 653227.2 May30, 2001 4 regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 9. Notices to Parties Written notices, demands and communications among the District and County, shall be sufficiently given by either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing dat~ and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: District: Temecula Community Services District 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Director of Community Services County 4080 Lemon Street, 12th Floor Riverside, Ca. 92501 Attention: Chief Administrative Officer 10. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 11. Assignment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided however that either party may assign this Agreement to a related public entity without the consent of the other. 12. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between District and County respecting the matters contained herein, except that the parties acknowledge and agree the City of Temecula, the Temecula Community Services District and the County have entered into other agreements concerning the Annexation, which are designated "Vail Ranch Annexation Agreement No. 2 (Tax Reimbursement) Between the City of Temecula and the County of Riverside," dated as of June 19, 2001, "Sales Tax Revenue Sharing Agreement Between the County of Riverside and the City of Temecula (First District)," dated as of June 19, 2001, and the Master Property Tax Agreement between the City and the County. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement not expressly set forth in this Agreement are null and void. 653227.2 May30, 2001 5 13. Time of Essence. Time is expressly declared to be of the essence of this Lease. 14. Exhibits. The following exhibits are attached hereto and incorporated herein as though set forth in full: Exhibit A Maintenance Area A Exhibit B Maintenance Area B Exhibit C Maintenance Area C 15. Authority to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her govermnental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. IIII IIII 653227.2 May 30, 2001 6 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. TEMECULA COMMUNITY SERVICES DISTRICT Jeffrey Stone President Attest: Susan Jones, CMC City Clerk Approved as to form: Peter M. Thorson City Attomey 653227.2 May30, 2001 7 COUNTY OF RIVERSIDE By: James A. Venable Chairman of the Board of Supervisors Attest: Gerald A. Maloney Clerk of the Board of Supervisors By: Deputy Clerk of the Board of Supervisors Approved as to Form: William Katzenstein County Counsel By: Joe S. Rank Deputy County Counsel 653227.2 May 30, 2001 8 EXItlBIT A MAINTENANCE AREA A 653227.2 May 30, 2001 9 EXHIBIT B MAINTENANCE AREA B 653227.2 May30, 2001 10 EXHIBIT C MAINTENANCE AREA C 653227.2 May30, 2001 l l