HomeMy WebLinkAboutItem No. 17 Landscape Maintenance Agreements between City and State of California
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:June 13, 2023
Subject:Landscape Maintenance Agreements Between the City and the State of
California
Recommendation
1. Adopt A 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
SOUTHWEST CORNER ON GRAND AVENUE
2. Adopt A 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
EAST CORNER ON GRAND AVENUE
3. Approve and authorize the Mayor and City Manager to execute the Landscape Maintenance
Agreements between the City and the California Department of Transportation.
Background
As a condition of approval, Tri Pointe Homes’ Lakeside single family residential development was
conditioned to install landscape improvements on excess right-of-way owned by the California
Department of Transportation (Caltrans) at the east corner of State Route 74 and Grand Avenue.
Furthermore, Tri Pointe Homes’ Echo Highlands single family residential development was
conditioned by the County of Riverside to install landscape improvements on excess right-of-way
owned by Caltrans at the southwest corner of State Route 74 and Grand Avenue. Caltrans agreed
to the landscape improvements conditioned for both projects and that the City execute a
Landscape Maintenance Agreement for each project.
Discussion
Landscape and Maintenance Agreements
Page 2 of 2
5
4
6
The Landscape Maintenance Agreements address the City’s responsibility for the irrigation, trees,
shrubs, ground cover, mulch, bio-swales, and litter (collectively, ”Landscaping”) placed within
State Route 74. The addition of landscaping will provide for beautification of the parkway and
what would have remained a vacant overgrown littered parcel. For the Echo Highlands project,
maintenance activity and cost are being passed on to the Home Owner’s Assocation through the
CC&Rs.
Fiscal Impact
HOA will be responsible for Landscape maintenance at Echo Highlands project. The City will
maintain parkway landscape adjacent to the Lakeside project, and cost will be provided by CFD.
Attachments
Attachment 1 – Landscape Maintenance Agreement-Lakeside
Attachment 2 – Landscape Maintenance Agreement-Echo Highlands
Attachment 3 – Resolution for Echo Highlands
Attachment 4 – Resolution for Lakeside
Attachment 4 – Vicinity Map
LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF LAKE ELSINORE
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and
between the State of California, acting by and through the Department of
Transportation, hereinafter referred to as “STATE” and the City of Lake Elsinore;
hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”
1. The PARTIES hereto mutually desire to identify the maintenance
responsibilities of CITY for newly constructed or revised improvements within
STATE’s right of way by and Encroachment Permit Number 08-22-6-CD-0969.
2. This Agreement addresses CITY responsibility for the landscaping, irrigation,
bioswales, shrubs, groundcover, and median island (collectively the
“LANDSCAPING”) placed within State Highway right of way on State Route
74, as shown on Exhibit A, attached to and made a part of this Agreement.
3. Maintenance responsibilities that include, but are not limited to, inspection,
providing emergency repair, replacement, and maintenance, (collectively
hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said
Exhibit “A.”
4. The degree or extent of maintenance work to be performed, and the
standards, therefore, shall be in accordance with the provisions of Section
27 of the Streets and Highways Code and the then current edition of the
State Maintenance Manual.
5. When a planned future improvement is constructed and/or a minor revision
has been effected with STATE’s consent or initiation within the limits of the
STATE’s right of way herein described which affects PARTIES’ division of
maintenance responsibility as described herein, PARTIES will agree upon
and execute a new dated and revised Exhibit “A” which will be made a
part hereof and will thereafter supersede the attached original Exhibit “A”
to thereafter become a part of this Agreement.
5.1. The new exhibit can be executed only upon written consent of the
PARTIES hereto acting by and through their authorized representatives.
No formal amendment to this Agreement will be required.
6. CITY agrees, at CITY’S expense, to do the following:
6.1. CITY may install, or contract, authorizing a licensed contractor with
appropriate class of license in the State of California, to install and
thereafter will MAINTAIN LANDSCAPING conforming to those plans and
specifications (PS&E) pre-approved by STATE.
6.2. CITY will submit the final form of the PS&E, prepared, stamped and
signed by a licensed landscape architect, for LANDSCAPING to STATE’s
District Permit Engineer for review and approval and will obtain and
have in place a valid necessary encroachment permit prior to the start
of any work within STATE’S right of way. All proposed LANDSCAPING
must meet STATE’s applicable standards.
6.2.1. CITY contractors will be required to obtain an Encroachment
Permit prior to the start of any work within STATE’s right of way.
6.2.2. An Encroachment Permit rider may be required for any changes
to the scope of work allowed by this Agreement prior to the start
of any work within STATE's right of way
6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are
provided with adequate scheduled routine MAINTENANCE necessary
to MAINTAIN a neat and attractive appearance including providing for
water, and fertilizer necessary to sustain healthy plant growth during the
entire life of this Agreement.
6.3.1. To prune shrubs, tree plantings, and trees to control extraneous
growth and ensure STATE standard lines of sight to signs and corner
sight distances are always maintained for the safety of the public.
6.3.2. To replace unhealthy or dead plantings when observed or within
30 days when notified in writing by STATE that plant replacement is
required.
6.3.3. To expeditiously MAINTAIN, replace, repair or remove from service
any LANDSCAPING system component that has become unsafe or
unsightly.
6.4. To furnish electricity for irrigation system controls, and lighting system
controls for all street lighting systems installed by CITY.
6.5. To MAINTAIN, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway, spraying
parked and moving automobiles, spraying pedestrians on public
sidewalks/bike paths, or leaving surface water that becomes a hazard
to vehicular or pedestrian/bicyclist travel.
6.6. To control weeds at a level acceptable to the STATE. Any weed control
performed by chemical weed sprays (herbicides) shall comply with all
laws, rules, and regulations established by the California Department of
Food and Agriculture. All chemical spray operations shall be reported
quarterly (Form LA17) to the STATE to: District 08 Maintenance at 464 w
4 Street San Bernardino Ca 9240.
6.7. CITY shall ensure LANDSCAPING within the Agreement limits provide an
acceptable walking and riding surface and will provide for the repair
and removal of dirt, debris, graffiti, weeds, and any deleterious item or
material on or about the LANDSCAPING in an expeditious manner.
6.8. CITY to MAINTAIN all parking or use restrictions signs encompassed within
the area of the LANDSCAPING.
6.9. To remove LANDSCAPING and appurtenances and restore STATE
owned areas to a safe and attractive condition acceptable to STATE in
the event this Agreement is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory
conditions that require correction by the CITY. However, the non-receipt of
notice does not excuse CITY from maintenance responsibilities assumed
under this Agreement.
8. STATE shall Issue encroachment permits to CITY at no cost to it.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
9.1. Nothing within the provisions of this Agreement is intended to create
duties or obligations to or rights in third parties not party to this
Agreement or affect the legal liability of either PARTY to this Agreement
by imposing any standard of care respecting the design, construction
and maintenance of these STATE highway improvements or CITY
facilities different from the standard of care imposed by law.
9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING to the satisfaction of STATE as provided by this
Agreement, STATE may either undertake to perform that MAINTENANCE
on behalf of CITY at CITY’S expense or direct CITY to remove or itself
remove LANDSCAPING at CITY sole expense and restore STATE’s right of
way to its prior or a safe operable condition. CITY hereby agrees to pay
said STATE expenses, within thirty (30) days of receipt of billing by STATE.
However, prior to STATE performing any MAINTENANCE or removing
LANDSCAPING, STATE will provide written notice to CITY to cure the
default and CITY will have thirty (30) days within which to affect that
cure.
9.3. Neither CITY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work,
authority or jurisdiction arising under this Agreement. It is understood
and agreed that STATE shall fully defend, indemnify and save harmless
CITY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or
omitted to be done by STATE under this Agreement with the exception
of those actions of STATE necessary to cure a noticed default on the
part of CITY.
9.4. Neither STATE nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work,
authority or jurisdiction arising under this Agreement. It is understood
and agreed that CITY shall fully defend, indemnify and save harmless
STATE and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation or other
theories or assertions of liability occurring by reason of anything done or
omitted to be done by CITY under this Agreement.
9.5. PREVAILING WAGES:
9.5.1. Labor Code Compliance- If the work performed under this
Agreement is done under contract and falls within the Labor Code
section 1720(a)(1) definition of a "public works" in that it is
construction, alteration, demolition, installation, or repair; or
maintenance work under Labor Code section 1771. CITY must
conform to the provisions of Labor Code sections 1720 through
1815, and all applicable provisions of California Code of
Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7.
CITY agrees to include prevailing wage requirements in its
contracts for public works. Work performed by CITY own forces is
exempt from the Labor Code's Prevailing Wage requirements.
9.5.2. Requirements in Subcontracts - CITY shall require its contractors to
include prevailing wage requirements in all subcontracts when the
work to be performed by the subcontractor under this Agreement
is a "public works" as defined in Labor Code Section 1720(a)(1) and
Labor Code Section 1771. Subcontracts shall include all prevailing
wage requirements set forth in CITY contracts.
10. INSURANCE-.
10.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of
self-insured coverage providing general liability insurance, coverage
of bodily injury liability and property damage liability, naming STATE,
its officers, agents and employees as the additional insured in an
amount of $1 million per occurrence and $2 million in aggregate and
$5 million in excess. Coverage shall be evidenced by a certification
of self-insurance letter (“Letter of Self-Insurance”), satisfactory to
STATE, certifying that CITY meets the coverage requirements of this
section. This Letter of Self-Insurance shall also identify the landscape
parkway location as depicted in EXHIBIT A. CITY shall deliver to STATE
the Letter of Self-Insurance with a signed copy of this AGREEMENT. A
copy of the executed Letter of Self-Insurance shall be attached
hereto and incorporate as Exhibit B.
10.2. SELF-INSURED using Contractor - If the work performed under this
AGREEMENT is done by CITY contractor(s), CITY shall require its
contractor(s) to maintain in force, during the term of this AGREEMENT,
a policy of general liability insurance, including coverage of bodily
injury liability and property damage liability, naming STATE, its officers,
agents and employees as the additional insured in an amount of $1
million per occurrence and $2 million in aggregate and $5 million in
excess. Coverage shall be evidenced by a certificate of insurance in
a form satisfactory to the STATE that shall be delivered to the STATE
with a signed copy of this Agreement.
11. TERMINATION - This Agreement may be terminated by timely mutual written
consent by PARTIES, and CITY’S failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
12. TERM OF AGREEMENT -This Agreement shall become effective on the date
first shown on its face sheet and shall remain in full force and effect until
amended or terminated at any time upon mutual consent of the PARTIES
or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter
into this Agreement and have delegated to the undersigned the authority to
execute this Agreement on behalf of the respective agencies and covenants to
have followed all the necessary legal requirements to validly execute this
Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day
and year first above written.
CITY OF LAKE ELSINORE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Natasha Johnson
Mayor
Initiated and Approved
By: ___________________________
Jason Simpson
City Manager
By: ___________________________
Jim A. Rogers
Deputy District Director
Maintenance District 08
ATTEST:
By: __________________________
Candice Alvarez
City Clerk
By: __________________________
Barbara Leibold
City Attorney
LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF LAKE ELSINORE
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and
between the State of California, acting by and through the Department of
Transportation, hereinafter referred to as “STATE” and the City of Lake Elsinore;
hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”
1. The PARTIES hereto mutually desire to identify the maintenance
responsibilities of CITY for newly constructed or revised improvements within
STATE’s right of way by and Encroachment Permit Number 08-22-6-MC-0806.
2. This Agreement addresses CITY’s responsibility for the landscaping,
irrigation, bioswales, shrubs, groundcover, and removable bollards
(collectively the “LANDSCAPING”) placed within State Highway right of way
on State Route 74, as shown on Exhibit A, attached to and made a part of
this Agreement.
3. Maintenance responsibilities that include, but are not limited to, inspection,
providing emergency repair, replacement, and maintenance, (collectively
hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said
Exhibit “A.”
4. The degree or extent of maintenance work to be performed, and the
standards, therefore, shall be in accordance with the provisions of Section
27 of the Streets and Highways Code and the then current edition of the
State Maintenance Manual.
5. When a planned future improvement is constructed and/or a minor revision
has been effected with STATE’s consent or initiation within the limits of the
STATE’s right of way herein described which affects PARTIES’ division of
maintenance responsibility as described herein, PARTIES will agree upon
and execute a new dated and revised Exhibit “A” which will be made a
part hereof and will thereafter supersede the attached original Exhibit “A”
to thereafter become a part of this Agreement.
5.1. The new exhibit can be executed only upon written consent of the
PARTIES hereto acting by and through their authorized representatives.
No formal amendment to this Agreement will be required.
6. CITY agrees, at CITY’S expense, to do the following:
6.1. CITY may install, or contract, authorizing a licensed contractor with
appropriate class of license in the State of California, to install and
thereafter will MAINTAIN LANDSCAPING conforming to those plans and
specifications (PS&E) pre-approved by STATE.
6.2. CITY will submit the final form of the PS&E, prepared, stamped and
signed by a licensed landscape architect, for LANDSCAPING to STATE’s
District Permit Engineer for review and approval and will obtain and
have in place a valid necessary encroachment permit prior to the start
of any work within STATE’S right of way. All proposed LANDSCAPING
must meet STATE’s applicable standards.
6.2.1. CITY contractors will be required to obtain an Encroachment
Permit prior to the start of any work within STATE’s right of way.
6.2.2. An Encroachment Permit rider may be required for any changes
to the scope of work allowed by this Agreement prior to the start
of any work within STATE's right of way
6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are
provided with adequate scheduled routine MAINTENANCE necessary
to MAINTAIN a neat and attractive appearance including providing for
water, and fertilizer necessary to sustain healthy plant growth during the
entire life of this Agreement.
6.3.1. To prune shrubs, tree plantings, and trees to control extraneous
growth and ensure STATE standard lines of sight to signs and corner
sight distances are always maintained for the safety of the public.
6.3.2. To replace unhealthy or dead plantings when observed or within
30 days when notified in writing by STATE that plant replacement is
required.
6.3.3. To expeditiously MAINTAIN, replace, repair or remove from service
any LANDSCAPING system component that has become unsafe or
unsightly.
6.4. To furnish electricity for irrigation system controls, and lighting system
controls for all street lighting systems installed by CITY.
6.5. To MAINTAIN, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway, spraying
parked and moving automobiles, spraying pedestrians on public
sidewalks/bike paths, or leaving surface water that becomes a hazard
to vehicular or pedestrian/bicyclist travel.
6.6. To control weeds at a level acceptable to the STATE. Any weed control
performed by chemical weed sprays (herbicides) shall comply with all
laws, rules, and regulations established by the California Department of
Food and Agriculture. All chemical spray operations shall be reported
quarterly (Form LA17) to the STATE to: District 08 Maintenance at 464 w
4 Street San Bernardino Ca 9240.
6.7. CITY shall ensure LANDSCAPING within the Agreement limits provide an
acceptable walking and riding surface and will provide for the repair
and removal of dirt, debris, graffiti, weeds, and any deleterious item or
material on or about the LANDSCAPING in an expeditious manner.
6.8. CITY to MAINTAIN all parking or use restrictions signs encompassed within
the area of the LANDSCAPING.
6.9. To remove LANDSCAPING and appurtenances and restore STATE
owned areas to a safe and attractive condition acceptable to STATE in
the event this Agreement is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory
conditions that require correction by the CITY. However, the non-receipt of
notice does not excuse CITY from maintenance responsibilities assumed
under this Agreement.
8. STATE shall Issue encroachment permits to CITY at no cost to it.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
9.1. Nothing within the provisions of this Agreement is intended to create
duties or obligations to or rights in third parties not party to this
Agreement or affect the legal liability of either PARTY to this Agreement
by imposing any standard of care respecting the design, construction
and maintenance of these STATE highway improvements or CITY
facilities different from the standard of care imposed by law.
9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING to the satisfaction of STATE as provided by this
Agreement, STATE may either undertake to perform that MAINTENANCE
on behalf of CITY at CITY’S expense or direct CITY to remove or itself
remove LANDSCAPING at CITY sole expense and restore STATE’s right of
way to its prior or a safe operable condition. CITY hereby agrees to pay
said STATE expenses, within thirty (30) days of receipt of billing by STATE.
However, prior to STATE performing any MAINTENANCE or removing
LANDSCAPING, STATE will provide written notice to CITY to cure the
default and CITY will have thirty (30) days within which to affect that
cure.
9.3. Neither CITY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work,
authority or jurisdiction arising under this Agreement. It is understood
and agreed that STATE shall fully defend, indemnify and save harmless
CITY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or
omitted to be done by STATE under this Agreement with the exception
of those actions of STATE necessary to cure a noticed default on the
part of CITY.
9.4. Neither STATE nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work,
authority or jurisdiction arising under this Agreement. It is understood
and agreed that CITY shall fully defend, indemnify and save harmless
STATE and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation or other
theories or assertions of liability occurring by reason of anything done or
omitted to be done by CITY under this Agreement.
9.5. PREVAILING WAGES:
9.5.1. Labor Code Compliance- If the work performed under this
Agreement is done under contract and falls within the Labor Code
section 1720(a)(1) definition of a "public works" in that it is
construction, alteration, demolition, installation, or repair; or
maintenance work under Labor Code section 1771. CITY must
conform to the provisions of Labor Code sections 1720 through
1815, and all applicable provisions of California Code of
Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7.
CITY agrees to include prevailing wage requirements in its
contracts for public works. Work performed by CITY own forces is
exempt from the Labor Code's Prevailing Wage requirements.
9.5.2. Requirements in Subcontracts - CITY shall require its contractors to
include prevailing wage requirements in all subcontracts when the
work to be performed by the subcontractor under this Agreement
is a "public works" as defined in Labor Code Section 1720(a)(1) and
Labor Code Section 1771. Subcontracts shall include all prevailing
wage requirements set forth in CITY contracts.
10. INSURANCE-.
10.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of
self-insured coverage providing general liability insurance, coverage
of bodily injury liability and property damage liability, naming STATE,
its officers, agents and employees as the additional insured in an
amount of $1 million per occurrence and $2 million in aggregate and
$5 million in excess. Coverage shall be evidenced by a certification
of self-insurance letter (“Letter of Self-Insurance”), satisfactory to
STATE, certifying that CITY meets the coverage requirements of this
section. This Letter of Self-Insurance shall also identify the landscape
parkway location as depicted in EXHIBIT A. CITY shall deliver to STATE
the Letter of Self-Insurance with a signed copy of this AGREEMENT. A
copy of the executed Letter of Self-Insurance shall be attached
hereto and incorporate as Exhibit B.
10.2. SELF-INSURED using Contractor - If the work performed under this
AGREEMENT is done by CITY contractor(s), CITY shall require its
contractor(s) to maintain in force, during the term of this AGREEMENT,
a policy of general liability insurance, including coverage of bodily
injury liability and property damage liability, naming STATE, its officers,
agents and employees as the additional insured in an amount of $1
million per occurrence and $2 million in aggregate and $5 million in
excess. Coverage shall be evidenced by a certificate of insurance in
a form satisfactory to the STATE that shall be delivered to the STATE
with a signed copy of this Agreement.
11. TERMINATION - This Agreement may be terminated by timely mutual written
consent by PARTIES, and CITY’S failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
12. TERM OF AGREEMENT -This Agreement shall become effective on the date
first shown on its face sheet and shall remain in full force and effect until
amended or terminated at any time upon mutual consent of the PARTIES
or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter
into this Agreement and have delegated to the undersigned the authority to
execute this Agreement on behalf of the respective agencies and covenants to
have followed all the necessary legal requirements to validly execute this
Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day
and year first above written.
CITY OF LAKE ELSINORE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Natasha Johnson
Mayor
Initiated and Approved
By: ___________________________
Jason Simpson
City Manager
By: ___________________________
Jim A. Rogers
Deputy District Director
Maintenance District 08
ATTEST:
By: __________________________
Candice Alvarez
City Clerk
By: __________________________
Barbara Leibold
City Attorney
Page 1 of 2
RESOLUTION No. 2023-____
A 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 SOUTHWEST CORNER OF GRAND
AVENUE
Whereas, State Route 74 has been declared to be a highway by resolution of the
California Highway Commission; and
Whereas, the County of Riverside (County) conditioned the Tri Pointe Homes’ “Echo
Highlands” 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) has approved
the installation of the Landscape improvements (Encroachment Permit # 08-22-6-MC-0806),
conditioned that the City execute 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 “Echo Highlands”
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 Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 13th day of June 2023.
CC Reso No. 2023-___
Page 2 of 2
Page 2 of 2
3
1
4
7
2
Natasha Johnson
Mayor
Attest:
Candice Alvarez, MMC
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. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of June 13, 2023 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
Page 1 of 2
RESOLUTION No. 2023-____
A 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 EAST CORNER OF 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 Tri Pointe Homes’ “Lakeside”
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 # 08-22-6-CD-
0969), conditioned that the City execute a Landscape Maintenance Agreement (LMA) to assume
responsibility for the maintenance of the improvements; 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 Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 13th day of June 2023.
Natasha Johnson
Mayor
CC Reso No. 2023-___
Page 2 of 2
Page 2 of 2
3
1
4
7
1
Attest:
Candice Alvarez, MMC
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. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of June 13, 2023 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
Lakeside
Echo Highlands
VICINITY MAP