HomeMy WebLinkAboutCC Reso No 2019-094 Landscape Maintenance AgreementRESOLUTION NO. 2019-094
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A LANDSCAPE
MAINTENANCE AGREEMENT BY AND BETWEEN STATE OF CALIFORNIA
AND CITY OF LAKE ELSINORE FOR LANDSCAPE IMPROVEMENTS
INSTALLED ON STATE ROUTE 74 AT GRAND AVENUE
WHEREAS, State Route 74 has been declared to be a highway by resolution of the
California Highway Commission; and
WHEREAS, the City of Lake Elsinore (City) conditioned the Pardee Homes' "Westlake"
subdivision to install and maintain landscape improvements on excess State of California, State
Route 74 right of way adjacent to the development; and
WHEREAS, the State of California Department of Transportation (Caltrans) is has
approved the installation of the Landscape improvements (Encroachment Permit # 08 -19 -6 -
CD -0728), conditioned that the City execute a Landscape Maintenance Agreement (LMA) to
assume responsibility for the maintenance of the improvements; and
Whereas, the City is willing to execute the LMA conditioned that the "Westlake" home
owner's association through their Covenants, Conditions and Restrictions assume the actual
cost and maintenance of the Landscape; and
Whereas, City Staff and City Attorney have reviewed the draft CC&R's and added
responsibility for the LMA activities to them; and
Whereas, Caltrans further requires their standard form "Landscape Maintenance
Agreement" be used.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: Approves the form of the "Landscape Maintenance Agreement" with the
State of California Department of Transportation (Caltrans) for the maintenance of installed
landscaping; and
Section 2: Authorizes the Mayor and City Manager to execute four (4) originals of the
"Landscape Maintenance Agreement" attached hereto as Exhibit "A"; and
Section 3: Directs the City Clerk to forward the executed originals to Caltrans for further
processing; and
Section 4: This Resolution shall become effective immediately upon adoption.
Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolution4.
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CC Res. No. 2019-094
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Passed and Adopted on this 10th day of Decembi
Attest:
Candice Al v fez, MC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE } ss.
CITY OF LAKE ELSINORE }
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019-094 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of December 10, 2019 and that the same was adopted by the following
vote:
AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None }
Candice Alvar#z,IAMC
City Clerk
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