Calexico City Council
October 2, 2024

AGENDA
ITEM
18 AGENDA
ITEM
CALEXICO California

CITY COUNCIL

AGENDA STAFF REPORT
DATE: October 2, 2024
TO: City Council
APPROVED BY: Juan Contreras, Acting City Manager AL
REVIEWED BY: Jeorge Galvan, AICP, Contract Planner, The Holt Group, Inc.

PREPARED BY: Francisco Barba, Contract Planner, The Holt Group, Inc.

SUBJECT: Authorize the City Manager to execute an Exclusive Negotiation Agreement between the City of Calexico and Marco Antonio Madrigal Camarena, Jr. for the disposal of a certain +/- 0.50-acre portion of 6" Street located west of the intersection of Emerson Avenue and 6' Street.

POTENTIAL ACTIONS
The City Council of the City of Calexico may motion to enact one of the following actions:
• Make a motion to authorize the City Manager to execute an Exclusive Negotiation Agreement between the City of Calexico and Marco Antonio Madrigal Camarena, Jr. for the disposal of a certain +/- 0.50-acre portion of 6'* Street located west of the intersection of Emerson Avenue and 6'h Street.

Make a motion to not authorize the execution of an Exclusive Negotiation Agreement between the City of Calexico and Marco Antonio Madrigal Camarena, Jr. for the disposal of a certain t/- 0.50-acre portion of 6'h Street located west of the intersection of Emerson Avenue and 6'h Street.

BACKGROUND
On July 26, 2022, Marco Antonio Madrigal Camarena, Jr., Developer, submitted a uniform application to the City of Calexico Development Services Department for the vacation of a portion of 6' Street approximately 120 feet west of the intersection at Emerson Avenue and cast of the railroad tracks (Refer to Attachment A - Location Map). Initial discussions on the vacation date back to 2019 with the Applicant submitting a formal letter requesting that the City of Calexico vacate the subject portion of 6'h Street to facilitate the development of a private parking lot for the City of Calexico City Council Meeting
Exclusive Negotiation Agreement Between the City of Calexico and Marco Antonio Madrigal - October 2, 2024 Page 1 of 7 Developer's business. Following this initial letter, the Developer met with previous city administrations to discuss the vacation and was verbally given conditions and assurances for said vacation. In compliance with the verbal agreements and conditions, the Developer acquired both a grading and encroachment permit from the Engineering Department before proceeding to develop the project location along with the portion of 6 Street extending up to Emerson Avenue.

Said developments consist of new asphalt, sidewalks, curbs & gutters, and a wrought iron fence cutting off access to the subject portion of 6" Street (Refer to Attachment B - Site Photos).

Upon completing the listed improvements, the Developer reached out to the City to follow up on the vacation only to find that the Development Services Department had no record of the proposed vacation and his discussions with prior administrations. After providing all the information he possessed, the Developer submitted a uniform application requesting the vacation of the subject property in mid-2022. It is important to note that in order to vacate any road right of way, the City must follow steps outlined in the Streets and Highway Code. The action may also be subject to the Surplus Land Act (SLA). After reviewing all the submitted information, staff proceeded to process the vacation request in conformance with section 8322-8323 of the Streets and Highways Code but was unable to fully carry out the process.

The item was then presented to the City Council during a regularly scheduled meeting on October 5, 2023. The item was not presented for a final decision, but instead to inform the Council of the project and to request direction for staff. In order to determine the best course of action that could also be beneficial to the City. Three options were presented to the City: (1) vacate the road right- of-way whereby the vacated right-of-way would revert back to the adjoining property owners; (2) sell the right-of-way; or (3) lease the property for a period not to exceed four (4) years. Upon opening the floor for public comments, the Developer explained the project to Council who then tabled the item to give the Developer time to submit all the documentation for the project. The item was presented once more to the City Council on October 18, 2023, with the same three options from the prior meeting and a 79-page timeline provided by the applicant (refer to Attachment D - Timeline and Documentation Provided by Applicant). Upon reviewing all information and considering public comments, the City Council directed staff to proceed with option three (3) which was a lease agreement of four (4) years or less for the subject property.

As directed by the City Council, city staff presented a draft lease agreement on November 1, 2023.

The draft lease agreement was for a period of four (4) years, with a yearly rent of $1.00 and stated that the City of Calexico shall proceed with the requirements of the Surplus Land Act (SLA) prior to or upon completion of the lease. The City would then elect to either vacate, sell, or lease the subject roadway to affordable home developers or certain other entities before selling, or leasing the site for a period greater than four (4) years. Upon reviewing all information and considering public comments, the City Council motioned to approve the draft lease agreement. The draft lease agreement has been included as Attachment C - Draft Lease Agreement.

Immediately after the approval, before the draft lease agreement could be executed, the Developer reached out to the City of Calexico to further discuss potential negotiations for the vacation. As City of Calexico City Council Meeting
Exclusive Negotiation Agreement Between the City of Calexico and Marco Antonio Madrigal - October 2, 2024 Page 2 of 7 directed, staff coordinated with both the City Attorney and City Manager's Office to prepare an Exclusive Negotiation Agreement between the City of Calexico and Marco Antonio Madrigal Camarena, Jr. for the disposal of the subject road segment.

The purpose of this item is to present the Exclusive Negotiation Agreement between the City of Calexico and Marco Antonio Madrigal Camarena, Jr. for the disposal of a certain +/- 0.50-acre portion of 6" Street located west of the intersection of Emerson Avenue and 6t Street to the City Council where they will motion to authorize or not authorize the City Manager to execute the agreement.

DISCUSSION AND ANALYSIS
Site Conditions. The subject road portion is located approximately 120 feet west of the intersection of West 6h Street and Emerson Avenue east of the railroad tracks. The abutting properties are located within an Industrial (I) zone which are intended as an area for modern industrial manufacturing and heavy industrial uses while permitting research, and administrative facilities that can meet high performance and development standards. The road segment was previously an undeveloped dirt road dating as far back as 1960 but was recently paved by the Developer in 2022.

While the subject portion of West 6th Street was paved by the Developer, the roadway is still property of the City of Calexico. Furthermore, the subject road portion is not a through street and is primarily utilized for ingress and egress to the abutting parcels, all owned by the Developer. The purpose of the Developer's initial vacation request is for the development of a private commercial parking business on the premises.

Exclusive Negotiation Agreement. The following information is summarized from the agreement on Attachment E - Exclusive Negotiation Agreement. It is important to note that this agreement only authorizes and outlines the process for negotiation. It does not authorize the sale of the road right-of-way.

A. Duration of the Agreement. The Exclusive Negotiation Agreement shall expire on November 12, 2024, unless earlier terminated by the Developer or City pursuant to its express rights stated in the agreement.

The City Manager may, in their sole discretion, agree to extend the negotiation period for up to sixty (60) days to allow additional time to reach an agreement on the issues described in §101 of the agreement, as well as any other relevant issues.

In the event the Developer has not continued to negotiate diligently and in good faith, the City shall give written notice thereof to the Developer who shall then have ten (10) working days to commence negotiating in good faith. Following the receipt of such notice and the failure of the Developer to thereafter commence negotiating in good faith within ten (10) working days, the agreement may be terminated by the City.

The Agreement may also be superseded upon mutual approval and execution of a Disposition and Development Agreement with respect to the site (DDA).

City of Calexico City Council Meeting
Exclusive Negotiation Agreement Between the City of Calexico and Marco Antonio Madrigal - October 2, 2024 Page 3 of 7 B. Negotiations. The issues to be addressed during the negotiation period, as defined in §102 of the agreement, are:

1. The terms and conditions of conveyance of the site to the Developer.

2. Sale price for the site.

3. Design and aesthetic considerations of the development of the site, including but not limited to configuration of the development, site density, site circulation and access to surrounding properties.

4. All planning and land entitlement processes and requirements.

5. All permitting and environmental reviews and processes.

Except as otherwise provided in the agreement, the City agrees, for the period set forth in the duration of the agreement, not to negotiate with any other person or entity regarding the purchase and development of the site or any portion thereof. Until the end of said period both the City and Developer agree to negotiate diligently and in good faith.

C. Developer Responsibilities. As stipulated by the Exclusive Negotiation Agreement, the Developer will be responsible for the following:

1. No later than October 14, 2024, the Developer shall do the following:
a. Perform its own due diligence on the site.
b. Perform a site appraisal.

2. Make oral (by telephone) and written progress reports advising the City on all third- party investigations being made by the Developer in acquisition and development of the site excluding any attorney-client related work. Copies of said reports and investigations shall be made available to the City upon request to the extent the Developer is legally and contractually permitted to provide.

3. The Developer shall make full disclosure to the City of its general partner and limited partners. The Developer shall further notify the City of any significant changes in ownership.

4. The Developer shall maintain full disclosure to the City of its methods of financing to be used in the acquisition and development of the site.

D. City Responsibilities: As stipulated by the Exclusive Negotiation Agreement, the City of Calexico will be responsible for the following:

1. City Assistance and Cooperation
a. City shall cooperate fully in providing the Developer with appropriate information and assistance for development of the site, including, but not limited to the following:

City of Calexico City Council Meeting
Exclusive Negotiation Agreement Between the City of Calexico and Marco Antonio Madrigal - October 2, 2024 Page 4 of7 i. Provide a copy of existing relevant documents.
ii. City to provide Developer right of access to property for due diligence investigations as set forth in Exhibit C attached and incorporated by reference to the Exclusive Negotiation Agreement.
b. Without limitation on the foregoing, until the earlier of the termination of the agreement and the end of the negotiation period, the Developer and its consultants may enter the property at any time to perform customary due diligence investigations including preparing an ALTA survey, conducting phase I environmental investigations, preparing soils study, etc.; provided, however, any access to the existing improvements or the conducting of intrusive physical testing will be coordinated with City in advance and subject to a Right of Entry Agreement.

2. City and Council's Public Hearing
a. A Disposition and Development Agreement (DDA) resulting from the negotiations hereunder shall become effective only after and if the DDA has been considered and approved by the City Council at public hearings called for such purpose. For reference, a DDA is an agreement between a developer and agency that sets forth terms and conditions for improvement and redevelopment.

E. Limitations to the Agreement. The following limitation shall apply to the Exclusive Negotiation Agreement:

1. By its execution of this agreement, the City is not committing itself to or agreeing to undertake:
a. Sale of land.
b. Any other acts or activities requiring the subsequent independent exercise of discretion by City or any other department thereof.

F. Real Estate Commissions. The City shall not be liable for any real estate commissions or brokerage fees which may arise. The City represents to the Developer that it has not engaged any broker, salesman or finder (collectively, a "broker") in connection with the transactions contemplated by this Agreement and agrees to indemnify, save, defend and hold the Developer harmless for, from and against any claim for compensation by a broker employed, engaged or claiming to have been employed or engaged by City.

G. Sale of the Site. Should the City and Developer decide to proceed with the sale of the site under a DDA, the sale price and/or other consideration to be paid by the Developer for the site under the DDA will be determined based on the appraised fair market value of the site.

Once the appraisal is completed, the City and Developer will agree on a final price and terms and discuss the approval process and timing, including reimbursement of City costs of the approvals related to the site and related transactional documents which will be reflected in City of Calexico City Council Meeting
Exclusive Negotiation Agreement Between the City of Calexico and Marco Antonio Madrigal - October 2, 2024 Page 5 of 7 the DDA, city application, City Cost Reimbursement Agreement and the adopted policies and fee schedule of the City.

Upon agreement on a purchase price, the City will negotiate, in good faith, the DDA binding the parties and identifying the conditions precedent to the close of escrow, which DDA will address approval of all discretionary entitlements, all planning and building administrative approvals, project financing commitments and construction contracts for development of the Site. In order to enter into a binding commitment, all required CEQA compliance will need to be completed for the proposed project entitlements and transactional documents at the Developer's expense.

Surplus Land Act. Prior to the disposal of the site, the City will need to comply with the established procedures in the Surplus Land Act (SLA). SLA requires local agencies to send negotiation summaries for each surplus land and exempt surplus land transaction to the State Department of Housing and Community Development (HCD). The subject site meets the requirements for an exempt surplus land classification stated on section 54221(f)(1)(B) of the Government Code.

To initiate the SLA process, the city must first declare the subject site as exempt surplus land and send a notice of said declaration to HCD, local developers, and developers interested in surplus land throughout the state. Upon 30 days of sending the notice, unless there are comments to the contrary, HCD will authorize the City to dispose of the site as the City deems fit. Should the City decide to dispose of the subject site, compliance of the SLA process will be incorporated as part of the DDA.

Street Vacation. Prior to the disposal of the site, the City will also need to comply with the street vacation process established by sections 8320 through 8325 of the California Streets and Highways Code. As mandated by the process, the City will be required to issue a notice of public hearing on the local newspaper and on the site planned for vacation for two successive weeks before the scheduled hearing. Once the vacation has been declared, a resolution will be adopted and recorded at the County Recorder's Office to certify the street vacation. It is important to note that the City may impose conditions for the vacation and withhold recording the resolution until all conditions have been met. Should the City decide to dispose of the subject site, compliance of the SLA process will be incorporated as part of the DDA.

FISCAL IMPACT
No impact. By executing the agreement, the City is not committing itself to of agreeing to undertake: (1) sale of land; or (2) any other acts or activities requiring the subsequent independent exercise of discretion by the City or any department thereof. Furthermore, the Developer will be responsible for all costs relating to any studies and appraisals for the site. Any sales or determinations on the property will require the execution of a DDA which will only occur after the City Council reviews and approves the DDA during a public meeting.

COORDINATED WITH
City Manager's Office
City Attorney's Office
City of Calexico City Council Meeting
Exclusive Negotiation Agreement Between the City of Calexico and Marco Antonio Madrigal - October 2, 2024 Page 6 of 7 Attachments: Attachment A - Location Map
Attachment B - Site Photos
Attachment C - Draft Lease Agreement
Attachment D - Timeline and Documentation Provided by Applicant Attachment E- Exclusive Negotiation Agreement
City of Calexico City Council Meeting
Exclusive Negotiation Agreement Between the City of Calexico and Marco Antonio Madrigal - October 2, 2024 Page 7 of 7 Attachment A - Location Map
7TH STREET
058-411-010 058-411-009
AT
CESAR CHAVEZ BLVD.
6TH STREET

TEE SE EMERSON AVENUE
058-431-001
058-431-002 г
Southern California Railroad
5TH STREET-
LEGEND:

APPLICANTS PROPERTY ZOD PORTION PROPOSED FOR VACATION
The Holt Group, Inc. VICINITY MAP

CITY OF CALEXICO
ENGINEERING • PLANNING • SURVEYING IN
PROJECT No. 176.017
1601 N. Imperial Ave. El Centro, California 92243 (760)337-3883 NOT TO SCALE DATE: 9/4/2024
Attachment B - Site Photos
Site Photos Prior to Improvements

Site Photos After Improvements

nee

Attachment C- Draft Lease Agreement

LEASE AGREEMENT

1. PARTIES: This Lease ("Lease") is made and entered into as of this day of → 2023 ("Bitective Date") by and between City of Calexico, a municipal corporation ("Landlord"), and _ (Tenant"). The Landlord and Tenant are sometimes referred to individually as a "Party" and collectively as the "Parties."

2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, on the terms and conditions hereinafter set forth, that certain that certain real property more particularly described in Exhibit "A" and depicted on Exhibit "B" attached heret and incorporated herewith ("Premises")

3. TERM: The term of this Lease shall be for a period of four (4) years commencing from and after the Effective Date of this Lease, and shall terminate on , 2027 (the "Term").

4. EXPIRATION OF TERM: Upon the expiration of the Term, or termination of this Lease, Tenant shall immediately vacate the Premise and deliver possession to Landlord. Upon the expiration and/or termination of the Lease, Landlord reserves the right to use,

5. RENT: Tenant shall pay to Landlord, as rent for the Premises, the sum of One Dollar ($1.00) per year ("Lease Payment"). Tenant shall pay the first rental payment to Landlord upon execution of this Lease. Tenant shall pay each yearly rental on each anniversary of the Effective Date.

6. USE: Tenant shall use and occupy the Premises only for _ (the "Agreed Use"), or any other legal use which is reasonably comparable thereto, and for no other purpose. Tenant shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs owners and/or occupants of, or causes damage to neighboring properties. Tenant has inspected the Premises and agrees to lease the Premises as is. Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. Tenant agrees to keep the Premises, including all improvements thereon clean, neat, and otherwise reasonably maintained.

CASp INSPECTION: Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist (CASp) as referenced in California Civil Code Section 1938 subsection (e). Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease pursuant to the election below; (i) the inspection will be at Tenant's sole cost and expense; (iii) the inspection must be scheduled through Landlord; (iv) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant's responsibility; and (V) Tenant must provide a copy of the CASp report to Landlord on completion. By initialing below, Tenant represents that:
81211.00115\417554951
Tenant wishes to have a CASp inspection of Premises Initials:

Tenant waives its right to have a CASp inspection of Premises Initials:

8. ACCESS: Except for emergencies such as fire, water intrusion, and the like which may be at any time, Landlord and its agents shall have the right to enter the Premises at reasonable times for the purpose of inspecting the facility as to its maintenance and repair and to show the Premises to prospective tenants, buyers or lenders.

9. TAXES: Landlord will be and remain responsible for all property taxes and assessments, if any, which may be due or levied against the real property.

UTILITIES: Tenant shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes thereon.

11. COMPLIANCE WITH LAWS: Tenant hereby agrees to comply with all City, County, State, and Federal ordinances and statutes that are applicable to this Lease.

12. PREVAILING WAGE: Tenant acknowledges that the Landlord has made no representation, express or implied, to Tenant or any person associated with Tenant regarding whether or not laborers employed relative to the construction and installation of improvements on the Premises, if any, must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720, et seq.

Tenant agrees with the Landlord that Tenant shall assume the responsibility and be solely responsible for determining whether or not laborers employed relative to any construction of capital improvements on the Premises must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720, et seg. If Civil Code sections 9550 et seq. require contractors to procure a payment bond, then Tenant shall ensure that its contractors deliver the required bond. and releases the landlord msE: Tena
California Civil Code Section 1542 relative to the waiver and release contained in this Section 13, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR

AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,

WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
2 81211.00115\41755495.1

BY INITIALING BELOW, TENANT KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 12:

Tenant Initial
INSURANCE: Tenant shall provide (1) General Liability insurance in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence and $5,000,000.00 general aggregate for bodily injury, personal injury, and property damage; (2) Automobile Liability in an amount not less than $2,000,000.00 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000.00 each accident policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Landlord required to be named as additional insured pursuant to this Lease.

15. INDEMNIFICATION BY TENANT: Tenant shall defend, indemnify and hold Landlord, its directors, officials, officers, employees, consultants, agents and volunteers free and harmless from claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Tenant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the Tenant's use of the Premises, including without limitation the payment of reasonable attorneys' fees and other related costs and expenses. Tenant shall defend, at Tenant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings that may be brought or instituted against Landlord or its directors, officials, officers, employees, consultants, agents and volunteers due to the negligent performance of services. Tenant shall pay and satisfy any judgment, award or decree that may be rendered against Landlord or its directors, officials, officers, employees, consultants, agents and volunteers, in any such suit, action or other legal proceeding. Tenant shall reimburse Landlord and its directors, officials, officers, employees, consultants, agents and/or volunteers, for legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Additionally, Tenant shall indemnify, defend with counsel acceptable to the Landlord and hold harmless the Landlord against any claims pursuant to California Labor Code Section 1781 arising from this Agreement or the construction or installation of any improvements on the Property, in accordance with the terms of Section 12 of this Agreement.

16. ATTORNEY'S FEES AND COURT COSTS: In the event of any legal ction arising out of or concerning this Lease or any performance or nonperformance hereunder he prevailing party shall be entitled to recover reasonable attorney's fees and all other cost incurred in connection therewith or as a result thereof.

BINDING ON SUCCESSORS AND ASSIGNS: The terms and
conditions of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors and assigns. 3 81211.00115141755495.1

18. ASSIGNMENT AND SUBLET: Tenant shall not sublet the Premises or any part thereof, nor assign this Lease, or any rights therein, without first obtaining the written consent of the Landlord, which may be withheld in its sole discretion. Any sublease or assignment of this Lease without first obtaining the written consent of the Landlord shall allow the Landlord the option of cancelling this Lease immediately.

TIME OF ESSENCE: Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease.

20. NOTICE: All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows:

TO TENANT:
_ CA
TO LANDLORD: City of Calexico
Attn: City Manager's Office
608 Heber Avenue
Calexico, CA 92231
provided for in this Say change is adress by giving notice to the other Party in the manner

21. WAIVERS: No waiver by Landlord or Tenant of any breach hereof or of ny provisions hereof shall be deemed a waiver of any subsequent breach or provision (even if ti bsequent breach is the same as said previous breach or provisior

22. DELIVERY OF RELATED DOCUMENTS: Tenant will execute or provide, as requested by Landlord, such other documents and information as may be reasonably necessary to carry out the purpose of this Lease

23. NO RIGHT TO HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Lease Payment shall be increased to one hundred fifty percent (150%) of the Fair Rental Value and payable each month Tenant holds over. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant.

24. DEFAULT: If Tenant, after notice from Landlord, fails to remedy within five (5) days and default in the payment of any sum due under this lease or in the keeping of any other term, covenant or condition of this lease, then the Landlord or its agents may enter upon the premises, take possession thereof, and remove all persons therefrom and at Landlord's option, either terminate this lease and all the Tenant's rights herein, or rent said premises for the account of the Tenant, or follow any other remedy provided by law. Any holding over beyond the term prescribed herein shall be constructed as a day-to-day tenancy. 81211,00115\41755495.1

25. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

26. COVENANTS AND CONDITIONS; CONSTRUCTION OF
AGREEMENT: All provisions of this Lease to be observed or performed by Tenant are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the parties, but rather according to its fair meaning as a whole, as if both parties had prepared it.

BINDING EFFECT; CHOICE OF LAW: This Lease shall be binding upon the parties, their personal representatives, successors and assigns and be governed by the laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shall be initiated in the county in which the Premises are located.

SURPLUS LAND ACT MEMORANDUM: A short-form Memorandum
pertaining to Landlord's obligation to comply with the Surplus Land Act is attached hereto in the form as depicted in Exhibit "C" and is incorporated herewith.

ENTIRE AGREEMENT; AMENDMENT: This Lease constitutes the entire agreement between the Parties with respect to the lease of the Premises, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Landlord and Tenant. Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Lease. [SIGNATURES ON FOLLOWING PAGE]
5 81211.00115\41755495.1
IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed and attested to by their proper officers hereunto duly authorized' and their official seals to be hereto affixed, on the day and year first set forth above.

TENANT ATTEST
By:_
Its:

APPROVED AS TO LEGAL FORM:

By:

Tenant's Counsel

LANDLORD

CITY OF CALEXICO ATTEST
a California municipal corporation
By:

Esperanza Colio-Warren
City Manager
Date:

APPROVED AS TO LEGAL FORM:

BEST, BEST & KRIEGER LLP
By:

District Counsel
6 81211.00115141755495.1
EXHIBIT "A"

LEGAL DESCRIPTION
A PORTION OF 6TH STREET, TOWNSITE OF CALEXICO, IN THE CITY OF CALEXICO, COUNTY OF MPERIAL, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 911, ON FILE IN BOOK 1, PAGE 14 OF OFFICIAL MAPS.

IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, A COPY OF SAID MAP BEING ON FILE IN THE

OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF BLOCK 32 OF SAID MAP NO. 911, WHICH IS THE TRUE POINT OF REGINNING (IROB):

THENCE WEST 257.80 FEET ALONG THE NORTH LINE OF SAID BLOCK 32 TO THE EASTERLY LINE OF THE SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY AS SHOWN ON SAID MAP NO. $11;

THENCE EXTENDING NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID SOUTHERN PACIFK COMPANY'S RIGHT OF WAY, 84.50 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF LOT 1! OF BLOCK 20 OF SAID MAP NO. 911:

THENCE EAST 285.00 FEET ALONG THE SOUTH LINE OF SAID BLOCK 20 TO THE SOUTHEASTERLY CORNER OF LOT 10 OF BLOCK 20 OF SAID MAP NO. 911;
THENCE SOUTH 80.00 FEET ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 10 OF BLOCK 20 OF SAD MAP NO. 911 TO THE THE TRUE POINT OF BEGINNING.

THE ABOVE LAND DESCRIBED AREA CONTAINS 21,712 SQ. FT. (0.50 AC.), MORE OR LESS.

SUBJECT TO ALL COVENANTS, EASEMENTS. AND AGREEMENTS OF RECORDS.

SHOWN ON EXHIBIT "B' ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF.

Exhibit "A"
81211.0011541755495.1
EXHIBIT "B"

PREMISES

ABANDONMENT OF A PORTION OF SI STREET
15 AVENUE
LK
(9) 77
61h A/!-
257,60
50% 30"
BONLE 1-100
0) EMERSON 15
12 MONT OF DAY LIE

LOS CONS

AU FRE AN
NOTE
ACP DO BE ANCUENINARNR 2S,/AZ SA. MOLSO ALL ABRE ON LESS PAGE 1 OF 1
Exhibit "B"
8121100115\41755495.1
EXHIBIT "C"
Upon Recording Return to:

City of Calexico
City Manager's Office
608 Heber Avenue, CA 92231
(Above 3" Space for Recorder's Use Only)

MEMORANDUM OF LEASE
This Memorandum of Option to Lease ("Memorandum") evidences the Lease Agreement (the "Lease") between City of Calexico, California, a Municipal Corporation ("Landlord"), whose address is 608 Heber Avenue Calexico CA 92231, and → whose mailing address is ("Tenant"), dated 2023 (the
maffective Date"), For a portion (the "Premises") of the real property (the "Property'") described and depicted in Exhibit A and Exhibit B to the Lease.

1. Pursuant to the Lease, Landlord has agreed to lease to Tenant the Premises.

The lease term shall commence as of the Effective Date of the Lease and shall continue in effect for a period of four (4) years from the Effective Date.

Landlord ratifies, restates and confirms the Lease, subject to the terms and conditions of the Lease.

Prior to or upon the termination or completion of the Lease, Landlord shall proceed with the requirements of the Surplus Land Act and may elect, in its sole discretion, to either vacate, sell, or lease the Premises to affordable home developers and certain other entities before selling, or leasing the Premises for a period greater than four (4) years to any other individual or entity.

4. Landlord and Tenant agree and acknowledge that all information and documents related to the Lease and this Memorandum are subject to disclosure pursuant to the California Public Records Act, California Government Code Section 6250 et seq.

5. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease. In the event of a conflict between the provisions of this Memorandum and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of Landlord and Tenant and shall inure to the benefit of their respective heirs, successors, and assigns, subject to the provisions of the Lease.

Exhibit "C"
81211.00115\41755495.1
IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM OF LEASE as of the date last signed by a party hereto.

TENANT ATTEST
By:

Its:

Date:

APPROVED AS TO LEGAL FORM:

By:

Tenant's Counsel

LANDLORD

CITY OF CALEXICO ATTEST
a California municipal corporation
By:

Esperanza Colio-Warren
City Manager
Date:

APPROVED AS TO LEGAL FORM:

BEST, BEST & KRIEGER LLP
By:

City Attorney
Exhibit "C
81211.00115/41755495.1

CALIFORNIA ACKNOWLEDGMENT
I notary public or other officer completing this certificate verifies only the identity of the individual who signed th locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen

STATE OF CALIFORNIA

COUNTY OF
On.. _ 20_ _ before me, _ _ Notary
Public, personally appeared _ who proved to me on
the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature
Exhibit "C"
81211.00115\41755495.1
Attachment D - Timeline and Documentation
Provided by Applicant
Marco Parking Timeline:
10/05/2023
Marco Parking:
• The city of Calexico in 2016 started the Cesar Chavez Blvd. project. Because of a condemnation t the property in 500 Cesar Chavez Blvd. We were asked to move to the new property line to give pace for the new improved boulevard that was planned. There was a considerable reduction of area, we were reduced 40 cars of capacity, this move really impacted our business. Because of this situation we started to look for a new place to relocate our business. Ref.1 • We got an opportunity to acquire two lots to relocate our business in late 2018, we started to talk with Ralph Morales, then Planning and Building Manager. He collaborated with us with the first requirements to be done to get a license to operate in this place. We explained the situation that we were facing in the Cesar Chavez address, and he started to help us with viable options. Ref.2-5 We asked for the abandonment of the portion of the street between the two lots of us, in February 2019 we delivered a letter as requested by Ralph Morales (Ref.6). Ralph Morales in March/3/2019 presented our project in a PRC Meeting, in this meeting, the most important requirements that caught our attention were: the improvement asked for the entrance, we had to pave at least one lane to give access to my business and inside of the parking lot everything has to be asphalt or concrete, we were told there that Calexico was not going to give license to a parking lot with dirt surface. We were later told that the city was willing to abandon the portion of street between the two lots we asked on the condition that we need to do the complete improvements, asphalt paving of the street and sidewalk of the north side of the street. Around this time, we asked for a legal document in which we commit to do this entrance street improvement in the future so we can move to the new location and raise enough capital for such improvement, but we were not given that opportunity, stating that once the city abandoned a land the developer most of the time never complies with what was agreed. At this point, we had to make improvements worth at that moment more than $700,000 to finish the complete project, we got proposals from rove engineering, pyramid, and SLA paving. SLA at that time estimated the work at 180,000/acre for just the asphalt which is total of $450,000 for all the complete area approximately, the preparation of base should have been done previously for them. With the condition of our business at that time we were barely making profits, we ended up with no visible options to continue. Ref. 7-11 • Ralph Morales gave us permission to install a fence on the street for our protection, these new lots came with a problem of homeless people and addicts living inside the lots. Most of the time been aggressive when asked to leave. Ref.12
• We met Miguel Figueroa, at that time he was occupying the position of Assistant city manager, community, and economic development Director, attending to our needs, he helped us with the process for the donation of the portion of the street (Ref.13). After meetings I send him an email with the Title report to be reviewed by attorney Seth Merewitz (3/28/2019). Ref.14-15 • Around June 2019 the Cesar Chavez Blvd was completed, and there were installed concrete walls between the lanes. We as a transportation company use big trailers, because these concrete walls, the access to our business was difficult and dangerous, tight space to maneuver, high density and high-speed traffic made it difficult for other companies to continue delivering cars with us. As a result, most companies stopped delivering cars with us. Ref. 16 1 • Miguel Figueroa introduced us to Meredith Garcia of Imperial Valley Economic Development Corporation (IVED) for funding (8/5/2019), unfortunately we did not get any funding option to finish our project. Ref. 17
• With the help of Carlos Beltran of Dynamics, the engineering department and David Dale we got to an agreement, have some requirement changes, according to David Dale the street abandonment was done, he said at that moment that the city of Calexico had no funds nor use for that portion of street, we also agreed on in-site improvements changes, we were able to change the asphalt/concrete to class I Base, with prior consultation with Air Pollution Control District (APCD). Ref. 18-27
From the engineering department Ivan Negrete helped us to have our plans approved (10/4/19 to 11/19/19). Miguel Figueroa said that to help us, we will do a one payment for the complete project, instead of the 6%-7% that normally is paid. Once the plans were approved, we made a paymentof $11,246 (12/3/2019). Ref. 28-31
• On January 22, 2020, Jose Saldana from the water department did the work of hydrant and water service line according with the plan requirements. We didn't find a water line and there was no main water pipe near this area, we had to make this improvement to comply with what fire department's requirements. We spent $37,119.33 for this improvement. Ref. 32 • Once we were ready to finish with the street improvements, we went back with engineering for an encroachment permit (3/11/21) (Ref. 33), Rove engineering was the contractor that did the street improvements (Ref. 34). Inspections for this work were made by Paul Gastelum from Sierra materials & testing (Ref. 35). The engineering department inspected the job which was paid from deposit for $1,016.00. Total spending in street improvement $47,666.5. • We worked in the grading, class II base installation, retention basins to start phase 1 as was originally agreed on plans. Here we spent more than 2 years working daily ourselves in the property total spending for the materials and testing: $25,878. (Ref 36-41). Once we had the new lot ready, with most of the improvements done, we move everything to the new location around May 2021.

Total spending for improvements: $110,664.82, not including man hours of all these years to make possible this project.
• As we returned to look for Ralph Morales, we noticed he retired, so we started to work with Christopher Velasco (6/17/21 to 8/12/21). He told me there was no documentation in the planning division, he asked me for documentation again to continue with the process, unfortunately he resigned his job before we could make any progress. Ref. 42-49 • Now from October-November 2021, we started to work with Lisa Tylenda, Miguel Figueroa, and chuck Cortez. As we were never given document specifying the agreement reached with David Dale and Ralph Morales, and since we always received a favorable response from Mr. Dale, including plans already signed and approved, we never thought we were going to be in the middle of this situation. Ref. 50
• A first inspection was done by Lisa and Chuck (11/8/21 -11/15/21), the intention was to see if I had the minimum requirements for temporary use and get a business license, so we can have the process of the street in the background while having the opportunity to operate, Lisa before this day told me that once the inspection was done, we will be signing a conditional permit that same day. During the inspection, inside in my home trailer, I had a pellet pistol gun, taser gun and a tree 2 machete-saw which I have next to my bed, chuck saw the pistol and said " that is illegal", after telling him that the pistol wasn't a fire arm, just a pellet pistol of CO2 cartridges, he just said " yeah, lets said is a pellet pistol" heading out of the room without confirming what he was stating about a real gun situation. I got multiple negative comments in general to my business and at the end, Lisa and Chuck went to the far side of the lot for a while and exited the lot after that.

The day after the inspection, Miguel Figueroa, started making an interrogatory, he said that in the inspection report, the inspector saw weapons, and the most important thing is that they saw birds protected by a federal migratory act and he was concerned about the fact that I was using these weapons to hunt these birds down. What worried me was the fact that the information passed from Mr. Cortez to Miguel Figueroa, was given without context, Cuauhtemoc never tried to do a minimum of investigation to report relevant and correct information, because of this I was subjected to a bad judgement. I started to explain my situation at that time to Miguel, in this new location, when I first got there, the place was in complete abandonment, for the first months before fencing out that place, every day I had interaction with at least 10 drug addicts going in and out inside my lots, once this addicts were under the influence they started to be aggressive and destructive, police came multiple times but same results, drug addicts returned days after they were removed, police officers explained me that there's been a long history in this place of dead people by overdose, and by this time, I had been a victim multiple times of trespassing and theft, 2 cars had been stolen months before, and at nights I had multiple encounters with people inside my lot, trying to steal things from me. That was the reason for having 3 different types of weapons, to protect myself from thieves and dangerous people. My neighbor, Mr. Murga, can confirm my story with this drug addicts, the day I met him he was wearing his army suit, trying to intimidate them tired of the situation at that time (Ref. 51-56). After this explanation, Miguel Figueroa told me that everything was going to be paused because of the burrowing owls that Lisa and Chuck saw in my lot.
• Burrowing owl report- 12/15/21, after spending time investigating and with the help of a certified biologist, Marie Barrett, I realize this there was lack of knowledge by the inspectors, there was no physical evidence that the burrowing owls were occupying 100% a burrow in my lot, they mostly were sheltering. Lack of knowledge ended pausing for months my project, wasting time and money. Ref. 57-63
• The second inspection was done, verifying the burrowing owl issue. • Chuck Cortez gave us a letter, notice to abate and items to correct for conditional use permit process, 1/4/21, removal of fence and gate, gas station documentation, etc. We were told that we had to prove and do corrections in all the items in that document to continue with the process of a conditional permit. Mark Vazques in 2019 was the person that originally work on the documentation of the street abandonment, but no documentation was archived, engineering department had the permits for the work done for the street, still not all departments had that information. Ref. 64-65
• Demolition permit gas station 2/10/22. Ref. 66-67
• Lisa told us we can do ourselves the utilities jobs, water, and electrical improvements. • Uniform application for street abandonment and Topography documentation, Meets & Bounds and lot mergers by Dynamic consulting engineers, David Beltran- document for the street abandonment 4/13/22. Ref. 68-72
3 • Chuck Cortez: change the name to care-taker unit instead of office, to use the trailer as home. We will use a separate parking booth for the parking operation. • Waited for a close session from the city council, for approval. Elapsed time: approx. 5 months • 9/27/22 send Lisa Marco Parking Timeline document for fee waiver, e-mail. • 11/29/22 Fee waiver meeting- $9,000, No Fee Waiver granted. Esperanza Colio First Meeting (New City Manager).
• Meeting with Lisa, 12/12/22- inspection visit to site scheduled to next day, to see if we somehow can get a conditional permit.
• Third inspection was conducted in 12/13/22, until this third inspection now Cuauhtemoc is concerned about material used as top layer, saying is not base. The Engineering department has already conducted inspections in the past and we were already cleared of this subject (Ref. 73).

Previously, before getting our plans approved, IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT (ICAPCD), instructed me that complying with what the Rule 800 and 805, was good with them (Ref. 74-77), it's clear that not having access to water, cause the base to get loose during all this time. Lisa told us that the process of the abandonment of the street will take 3-4 months, the city council so far has only given instructions to proceed with this process and all the funding is on us, approximately $8,500. If the Planning Commission doesn't approve all the money is not refundable. Theres no way I can have a utilities service and no temporary use permit until we have the process of the street before.
• 12/15/22 Meeting with city manager, second meeting, no guarantee of an abandonment of street, Mrs. Colio says we may have an opportunity on the planning commission to approve the street abandonment, but there's no 100% guarantee.
• City Council meeting: 12/21/22, 3 minutes with city council members, presented our project in a short format.
• Reimbursement check received 12/23/22- - total: $7356.48. from the original deposit made when I got my plans approved, I got the money back to make a deposit later for the abandonment process.

Ref. 78-83
• Payment done, $13,772.28 to start with the process of street abandonment 1/3/23, 3-4-month process, wait for planning commission hearing and city council hearing. Ref. 84 • Lisa Tylenda sets dates for planning and city council hearings, planning commission on 3/27/23 and city council hearing on 4/5/23. Both hearings got cancelled eventually. • Lisa Tylenda resigned her position in Calexico.
• Kevin Grant- started working at Calexico in Planning. • Kevin Grant- planning commission, favorable recommendation towards our project. 5/30/23 Ref. 85 • Kevin Grant- resigned his position in Calexico.
• Pending city council hearing - 7/24/23
• City Council meeting- item #26, tabled for 10/18/2023 4 Marco Parking in 2016
we were asked to move everylhing to what will be the
new proporty line, address 500 Cesar Chavaz Bivd
Ref. 1
Red Line representing new property line
Google Earth 300 ta
a Shori
Emerson Ave
Beetlema UniOn
Woth SE Wath St With St W 6th St
Emerson Ave
100588103)
Emerson Ave
De)
Ref. 2
Restate
Acquired lots for new location of Marco
Parking.

Google W Sth St W,5th St
6 Ref. 3
View of north lot and street in 6th St.

Ref. 4
View of south lot and 6th St.

Google
Emerson Street.

Entrance in 6* Street, view from
Ref. 5
February 13 2019
To: Ralph B. Morales
Building/Planning/Code Enforcement Manager
From: Marco Madrigal L.
500 Cesar Chavez Blvd.

Calexico, CA 92231
Dear Ralph Morales:

By this present letter I am requesting your support in my business. Marco Parking is being in business since 2003 currently located at 500 Cesar Chavez in Calexico, CA. Right now this business is operating with many limitations due to the fact of the new Port of entry at Rio Nuevo due to the great reduction of parking lot due to the expansion of the boulevard; it will not be possible for us to continue operating in this location this expansion makes it difficult for us to access a truck with hauling, as well as limiting our working hours for construction works, severely impacting business income.

Because of this, I feel the need to find a new space to continue with my business. We have the opportunity to acquire two land located at 149 w 6th and 144W 6th through a financial. For which I request your support to unite the two lands. Uniting the two lands provides a useful utility for the business, the flow of vehicles would be better and mainly for security reasons, because it could have greater control to be able to close all access with a single fence.

Waiting for a favorable response and thanking your attention and support.

Thank you,
MARCO MADRIGAL L.

Ref. 6
Ralph Morales Street Abandonment Letter
10 608 Heber Ave.

Calexico, CA 92231-2840
Tel: 760.768.2105
CITY OF CALEXICO Fax: 760.357-7862
www.calexico.ca.gov
e-mail:[email protected]
TENS
CALEXICO * Planning Division *
He Bowful
March 3, 2019
Mi. Marco Madrigal
500 Cesar Chavez Blvd.

Calexico, Ca. 92231
RE: PRC Conditions of Approval
Dear Mr. Madrigal,
Please be advised that your request to use an unconstructed portion of Sixth Street near the intersection of Sixth & Emerson in order to develop and operate Marco Parking as an auto storage yard will be considered for approval once the following information is submitted:

1.) Submit street improvement drawings for the full width of Sixth Street starting from the intersection and up to the auto parking entrance for review by Engineering. It is recommended that a geotechnical engineer review the plans to provide an accurate estimate for construction of the street.

2.) Submit phasing plan indicating extent of development for each phase. Any unused portion of the proposed auto storage yard shall be fenced off

3.) Sewer and water lines shall be installed and connected to city utility services in accordance with engineering standards.

4.) A fire hydrant shall be installed on the NW corner of Sixth Street and Emerson Avenue.

The above reflects comments from the PRC meeting held Wednesday, February 27, 2019 representatives from Fire, Police, Planning, Building and Engineering.

City of Calexico
Sincerely,
Ref. 7
Pro meeting comments.

Mark Vasqyiez, Associate Planner
Viva Calerica!
11 ROVE Engineering-PROPOSAL
Date Prepared: 1/27/2020 14:49
Rove Engineoring VE Last Revision Date:

P. O. Box 2103 FIN.

El Centro, CA 92021
~ Project Name: Marco Parking Lot Developer: Marco Madrigal _ Municipality: Imporial county Sixth Street & Emerson, _Project Type: Grading Addreas:

Calexico, CA 92231
Date
Solls Prepared By Steven Eugenio
Plans Marco Parking Lot Titio Principal
Author Dynamic Consulting Engineers E Mail roveengineeringToutlook.com Regarding:

Gentlemen, our firm proposes to complete the following items of work in connection with the project referenced above. All work will be performed per the scope and recommendations provided by "MARCO PARKING" PARKING LOT RESURFACING plans dated on 06/30/2020 Item al Description Qty. Unit Unit Price Total Cost Comments

GRADING
Mobilization 1 EA $800.00 $800.00
Subgrade 47,443 SQFT $1.05 $49,815
3 Import 4"class ll Base 1,131 Tns $18.00 20,358.00
4 Grade Base & Compact 47,443 SQFT $0.25 11,860.75
5 8" Waterline 165 LF $95.00 04,175.00
4" Sewer line 203 LF $54.00 10,962.00
Fire Hydrant EA $9,365.00 9,365.00
1* Copper Water Service & Meter Box 1 EA 31,100.00 1,100.00 Total 148 435.90
Inclusions: Exclusions:

Mobilization 1 Engineering,
Over Excavate 47443 SQFT x 1 Depth, Process and Recompact to 92 to 95% Testing, Import 1131 Tns of Class |I Base Survaying
Install 465 Feat of 8" waterline Staking, Permits,
Install 203 Feet of 4" Sewer Line Fees of any kind (unless caused by contractor) Install Hydrant Prevailing Wages
Install 1" Copper Waler Service & Meter Box Meters
Export,
Dewatering or Processing of Saturated Sails
Erosion Control,
Over Excavation beyond the specified depth listed above Removel of Material that cannot be productively ripped with a Caterpillar D6 Owner to provide nearby construction water for any and all purposes.

Excavation and Disbossrof any Debris not gpecified above.

Submitted This Date: 12/10/2019 Rove Engineering Inc
Steven Eugenio
Owner
ROVE 760-790-7705
Steven Eugenio License # 1046101
Principal Explration-10/31/2020

ENGINEERING
P,O. Box 2108
El Centro, CA 92244
[email protected]
Ref. 8
Rove engineering proposal.
12 ROVE Engineering-PROPOSAL
Date Prepared: 1/27/2020 14:48
Rova Engineering ROVE Last Revision Date:

P. O. Box 2108 BRING I INA
El Centro, CA 92021
Project Name: Marco Parking Lot Developer. Marco Madrigal Municipality: Imperial County Sixth Street & Emerson, Calexico, CA Address: 92231
Project Type: Paving
Date
Soils Prepared By Steven Eugenio
Plans Marco Parking Lot Title Principal
Dynamic Consuiting Engineers EMail [email protected] Author
Regarding:

Gentlemen, our firm proposes to complete the following items of work in connection with the project referenced above. All work will be performed per the scope and recommendations provided by "MARCO PARKING" PARKING LOT RESURFACING plans dated on 06/30/2020 Oty Unit Unit Price Total Cost [Comments
Description
PAVING
1 Mobilization 1 EA $800.00 $800.00
Subgrade 5,285 SQFT $1.05 $5,549
286 Tns $18.00 $ 5,148.00
Import 9" Class Il Base
Grade Base & Compact 5,285 SQFT $0.60 $ 3.171.00
Curb & Gutter 94 LF $26.00 2,444.00
Sidewalk 475 SQFT $5.25 2,493.75
3* 31 AC Paving Place & roll compact 5,285 SQFT $2.80 $ 14,798.00 Sand 22 Tns $15.50 341.00
16' Driveway 1 EA $2,000.00 $ 2,000.00
38 Handicap Ramp 1 EA $2,500.00 2,500.00
Total 39,245.00
Inclusions: Exclusions:

Mobilization 1 Engineering,
Over Excavate 5285SÖFT x 1' Depth, Process & Recompact to 92 to 95% Testing, Import 286 Ths of Class I| Base Survaying
Grade 5285 SQFT of Class Il Base Staking, Permits,
Install 94 Feet of Curb & Gutter Fees of any kind (unless caused by contractor) Install 475 SQFT of Sidewalk Prevailing Wages
Place and Rool Compact 5285 SQFT of 3"3/4 AC Paving Meters Import 22 Tns of Sahd Export,
16 Driveway Dewatering or Processing of Saturated Solls 1 Handicep Remp Erosion Control,
Over Excavation beyond the specified depth listed above Removel of Materlal that cannot be productively ripped with a Caterpillar D6 Owner to provide nearby construction water for any and all purposes Excavation and Disposal orañy Debris not specilied aböve.

Submitted This Date: 12/10/2019 Rove Engineoring Inc
Steven Eugenio
Owner
ROVE 760-790-7705
Steven Eugenio License # 1048101
Principal ENGINEERING Explration-10/31/2020
P.O. Box 2108
El Centro, CA 92244
joveengineering @outlook.com
Ref. 9
Rove engineering proposal.
15 PYRAMID General Engineering Contractor
State Contractor Lic. No. 866533
CONSTRUCTION 839 Dogwood Fined Beber CA, 92249
9 760-337-5839 Ix 760-337-5993
AND AGGREGATES, INC. DIR # 100638605
Date: 9.20.19
From: Ryan Dickerson
To: Marco Parking
Attr: Marco
Re: 6th and Emerson
Pyramid Construction and Aggregates, Inc. proposes the following on the above referenced project as follows:

Work to include
Shape and grade retention basin
Subgrade prep
Grading site to plan elevation
Placing 4" recycled base (no rap)
Red wood header
Proposed total $ 173,859.00
Exclusions: testing, survey, demo, fencing, underground utilities, emulsified oil, rap, SWPPP
Add $40,000.00
Ref. 10
Pyramid Proposal.

14 Grading and Improvements - Marco Parking Construction Cost Estimate

CONSTRUCTION COST ESTIMATE
September 3, 2019

ITEM QUANTITY UNIT DESCRIPTION UNIT COST AMOUNT
Parking Lot Grading Phase 1 (North Parking Area
Surface Improvements
5,890 SY Subgrade Preparation Scarify and Recompact 2.00 $ = 11,780 680 CY Grading - Retention Basin and Parking Area Sub- 25.00 $ = 17,000 Grade
1,270 TONS Install 4 Inch Recycled Asphalt Compacted 25.00 $ 31,750 475 L.F. Pressure Treated Boards 10.00: 4,750
5 5 EA. Street Lights Including Electrical Wiring 5,900.00 $ 29,500 6 1 15 Install 6 inch Chain Link Fence and 24 ft Swing Gate. 7,500.00 $ 7,500 Subtotal $ 102,280
Water Improvements
LS 6-Inch Water Pipeline and Appurtenances, $ 4,500.00 $ 4,500 Connection to Existing Water Main and Trench
Bacfilling and Paving Per Detail 4.
2 EA. Water Services Including Water Meter $ 3,20000 8 2,300 3 EA. Fire Hydrant (6"') 5,200.00 5,200
Sub-Total $ 12,000
Sewer Improvements
1 EA. Sewer Lateral, Connection to Existing Sewer Line and $ 4,200.00 $ 4,200 Trench Bacilling and Paving Per Detail 4.
2 1 EA. Sewer Cleaout $ 1,700.00 $ 1,700
[Sub-Total 5,900
Total Phase 1 (North Parking Lot) : 3 120,180]
Parking Lot Grading Phase 2 (South Parking Area
Surface Improvements
1 3,170 SY Subgrade Preparation Scarify and Recompact 2.25 5 7,133 390 CY Grading - Retention Basin and Parking Area Sub- $ 28.00 $ 10,920 Grade
685 TONS Install 4 Inch Recycled Asphalt Compacted 25.00 $ 2,05 4 l 200 L.F. Pressure Treated Boards 10.00 $
5 EA. Street Lights Including Electrical Wiring 29,500
5000000 $ 66,678
Subtotal
Total Phase 2 (South Parking Lot): S 66,678
Total Phase 1 and Phase 2 (North and South Parking Lots): 186,858 Ref. 11
Dynamics consulting engineers cost estimate.
is
Ref. 12
Once under the influence, addicts turned
aggressive and destructive. This occurred in
a daily basis before fencing out the lot.
•
Reply Reply all → Forward Ei Archive I Delete fo Set flag MARCO PARKING - Project Proposal
Marco Madrigal Camarena <[email protected]>
3/6/2019 12:59 PM
To: [email protected]
Save all attachments
2019-02-11_MP_Exhibitpdf MARCO PARKING_PROJECT.... Marco-Parking_Topo_Area.pdf 141.07 KB 2.36 MB 102.96 KB
Buenas tardes Miguel, adjunto imágenes y planos de nuestro estacionamiento como habiamos acordado:

Cualquier comentario no dudes en hacermelo llegar por este medio o al cel: (442)2836511.

Gracias y saludos.

Marco Madrigal
Ref. 13
Miguel Figueroa e-mail, send photos and
17 → Reply: 5 Reply all → Forward I Delete fo Set flag
RE: MARCO PARKING - Project Proposal
Miguel Figueroa <[email protected]
MF
3/28/2019 1:09 PM
To: Marco Madrigal Camarena
Que tal Marco,
Como seguimiento a nuestra platica de la semana pasada te comento que dentro de la platica que tuve con nuestro abogado Seth Merewitz nos dimos cuenta que en el "title report" que nos proporcionaste no venían los "property maps" y los plotted easements" que son parte de este reporte.

Por favor de ser posible me los pudieras hacer llegar para seguir adelante con los siguientes pasos para apoyarlos.

Miguel Figueroa
Assistant City Manager
Communily and Economic Development Director
City of Calexico
(760) 768-2177
figueroa e
ww.calexico.ca.gol
From: Marco Madrigal Camarena <[email protected]
Sent: Wednesday, March 06, 2019 1:00 PM
To: Miguel Figueroa [email protected]
Subject. MARCO PARKING - Project Proposal
Buenas tardes Miguel, adjunto imágenes y planos de nuestro estacionamiento como habiamos acordado.

Cualquier comentario no dudes en hacermelo llegar por este medio o al cel: (442)2836511.

Gracias y saludos.

Marco Madrigal
Ref. 14
Miguel Figueroa e-mail city lawyer
18 → Repiy Repl, all → Forward El Archive Delete fb ser flag FW: MARCO PARKING - Project Proposal
Marco Madrigal Camarena «marco_m_c@hotmail com»

2.29/2019 652 PM
To: migueroa@@ calexico. ca gov
Save all atlachments
275110_Plotled Easement.pdf CA-IM-Assessor Map CA-IM-Assessor Map-.. 26 1-1 K6 532 A6 90.52 K6
Buenas tardes Miguel, le paso la informacion que me proporcionaron en stewart title.

From:

Sent: Friday, March 29, 2019 4:34 PM
To:

Subject: RE: MARCO PARKING - Project Proposal
Buenas tardes Marco,
Aqui estan los dozumentos que le faltaban.

Gracias!
Paloma Rodriguez
Stewart Tile of Californis
760 Man Street
D 0002952960 1F 2511.217-0061
estewart

ANTE STC
Ref. 15
Miguel Figueroa e-mail Title Report
Pursuant to CA Senale Bill 2, closings on or after January 1, 2018, will have 19 Marco Parking in 2019
the Cesar Chavez Elvd concluded, to separate lanes.
219:8
20 91 jay
Cesar Chavez Bivd. Project, street
& Marco Parking
IVSBDC Meredith < [email protected]>
To: You: "Miguel Figueroa' Mon 8/5/2019 8:59 AM
Buenos Dias,
Muchas gracias por la introducción Miguei. Un gusto conocerla Sra. Gaby, tuve oportunidad de platicar con Marco. El día de mañana los espero para platicar acerca de las opciones de financiamiento.

Saludos.

Meredith Garcia Director
Imperial Valley Small Business Development Center
impera cA 5231 Pone 10,3123000
Email: [email protected]
if you have received this e-mail in error, please immediately notify the sender by reply e-mail or by telephone at (760)312-9800 and delete the e-mail on your computer. + Repty t) Repiy all ~ Forward
al Translate message to: English | Never translate (rome Spanish Miguel Figueroa <[email protected]>
To: You; meredith @imperialalliance.org Sat 8/3/2019 11:35 AM Buen día Señora Gaby Madrigal.

A través de este correo le presento a Meredith Garcia, Directora del Small Business Development Center en el Valle Imperial.

Meredith podrá guiarla y aconsejarte las mejores oportunidades de préstamo para su negocio que esta desarrollando en nuestra ciudad. Ref. 17 Meredith tiene la experiencia y el conocimiento para apoyar su negocio Miguel Figueroa introduction with Qué disfrute su fin de semana. Meredith.

Miguel Figueroa
From: Engineering Le
Sent: Friday, October 04, 2019 10:44 AM
To: Carlos Beltran, Carlos Beltran
ath Loan: Planning
Subject: Marco Parking Ist Redline
Good Morning:

We received the plans for the Marco Parking grading permit, here are the first plan check redlines, most notably the tise of native soil as subbase is not per city standard, it requires a typical 9" class 2 base, also pending the sidewalk on the north side of a 5t, other than that, comments are minimal, please include the layout of the actual parking and landscapes for planning to review and any others Thanks! Ref. 18
Ivan A. Negrete Email, Dynamics and engineering
Engineering Technician
City of Calexico
From: Carlos Beltran [email protected]
Sent: Tuesday, October 8, 2019 12:36 PM
To: Engineering [email protected]; carlos Beltran celtron@dceincorp Ce:marco m [email protected]. Planning Splanning @ calexico.ca gove Subject: RE. Marco Parking Ist Redline
Good aftemoon Ivan!
Thanks for the comments and quick response
Question, the 3" AC over the 9" Class It Base would be for the entrance only (fist 100 ft Emerson)? And not the entire parking area? Let me know if that is correct
We are proposing 2 inches of recycle asphalt over compacted native material for the parking area. We were planning on 4 inches of recycles AC over 6 Inches of Class ll base but the contractor prices are extremely high.

We changed it to 2 inches of recycled AC over compacted native. It is not the best structural section but it will minumize dust.

Let me know if 2 inches over native for thie parking fot will be ok:

Thanks:

Carlos Beltran P.E.

Dynamic Consulting Engineers, Inc. Ref. 19
2415 Imperial Business Park Dr., Suite B
Email, Dynamics and engineering
Imperial, CA 92251
Phone (760) 545-0162
Fax (760) 545-0163
22 From: Engineering [mailto:engineering(@calexico.ca.gov/ Sent: Thursday. October 10: 2019 10:54 AM
To: Carlos Beltran: Carlos Beltran
Cc: marco_m [email protected]; Planning: Robert Ortiz
Subject: RE: Marco Parking 1st Redline
Good morning Carlos, sorry for the late reply,
I asked the inspector about it, you are correct, the 3" asphalt 9" base applies only to the street extension portion, and for the parking area you can go 3" asphalt, 6" base, but no native soil specifically, I understand the project is working on a tight budget, however, the inspector believes the proposed 2 AC, 4" base (or native soll) would not be sufficient for a std parking lot within the city and the use of class l was agreed upon on the PRC meeting as a requirement. it is my understanding that additional soil testing can be done by lab that demonstrates adequate material strength to determine the usability but structural equivalence should be demonstrated by the published criteria by Caltrans of AASHTO. hope it helps
Ref. 20
van A. Negrete
Engineering Technician Email, Dynamics and engineering
City of Calexico
RE: Marco Parking 1st Redline
Carlos Beltran <[email protected]
CB
10/15/2019/12:24 PM
To: "Engineering; "Carlos Beltran" Cc: [email protected]; Planning'; Robert Ortiz' Good a terrcon Ivan!
We are looking a the possibility of installing resycled class it base instead of recyce asphalt. We are going to coordinate with Impens! County Air Pollution Contre! District if they wouid allow it.

At the entrance where for City right ofway WeT 53 ACce 9"o Base we'll be reschmitting new set of plans care we get word from County APCD.

Carlos Beltran, P.E.

Dynamic Consulting Engineers, Inc. Ref. 21
2415 Imperial Business Park Dr. Suite B
Imperial, CA 92251 Email, Dynamics and engineering
Phone (760) 545-0162
Fax (760) 545-0163
23 From: Engineering E
Sent: Friday. November 01, 2019 2:19 PM
To: Carlos Beltran
CC:

Subject: Marco Parking 2nd Redline
Good afternoon Carlos
please see attached the 2f redline for the parking project. most notably are the basins cross section (which is mostly redundant as all the info is there) but still ladded a note (14) for the use of non-solid surface and dust controi per city code. and a dedicated ADA stall, even though private car traffic is low it's still needed. and making sure the break off in the hydrant has a check valve, some don't also please notify the building department about your plans to put the office space in there, they need to see plans of the pretab or structure used aswell as the foundation
Ref. 22
Ivan A. Negrete
Engineering Technician Email, Dynamics and engineering
City of Calexico
From: Carlos Beltran [email protected]>
Sent: Monday, November 4, 2019 2:21 PM
To: Engineering <[email protected]
Cc: [email protected]
Subject: RE: Marco Parking 2nd Redline
Good afternoo: vari
Thanks focale comments Foctle office taller, can we put a hote that the off a differentpermil That: the gradling plan is not held because Ine effice frailer permit.

Let us know.

Thanks.

Carlos Beltran. P.E.

Dynamic Consulting Engineers, Inc. Ref. 23
2415 Imperial Business Par Dr. Suite B
Imperial, CA 92251 Email, Dynamics and engineering
Phone (760) 545 0162
Fax (760) 545-0163
From: Engineering [mailto:[email protected])
Sent: Monday, November 04, 2019 2:29 PM
To: Carlos Beltran
Cc: [email protected]
Subject: RE: Marco Parking 2nd Redline
Yes absolutely.
it is a different permit in fact, I just wanted to let you know about it Ref. 24
Ivan A. Negrete
Engineering Technician Email, Dynamics and engineering
City of Calexico
24 RE: Marco Parking 2nd Redline
Carlos Beltran <[email protected]>
CB
11/4/2019 3:32 PM
To: Engineering Cc: [email protected]
Thanks Ivan!!
Carlos Beltran, P.E.

Dynamic Consulting Engineers, Inc.
2415 Imperial Business Park Dr., Suite B Ref. 25
Imperial, CA 92251 Email, Dynamics and engineering
Phone (760) 545-0162
Fax (760) 545-0163
Marco Parking 3rd Redline
Engineering < [email protected]>
11/13/20192:03 PM
To: Carlos BeltranCe: Cc:[email protected]: Planning Save all attachments
City of Calexico - Street Concret... Marco Parking Fre Redline.pof 310.3 K8 7.15 MB
Good Afternoon Carlos!
attached you can see the latest set of corrections from engineering, I added a note about the scale in blue not to be included but for illustration, I believe the scale is 1"= 10" versus the 1"=30", aswell as the city of calexico standard for driveways, curb, and sidewalk, please make sure its compliant with the minimum required.
please download below the color set:
htms:/wwwadies
aswell as the fire code requirements sent by planning, they are requesting an additional fire hydrant within 300 of the new proposed hydrant on 67st, plus compliance with the cul de sac or any other shape from California code.

Ref. 26
Ivan A. Negrete
Engineering Technician Email, Dynamics and engineering
City of Calexico
25 EW: Marco Parking 4th Recline
Marco Madrigal Camarena [email protected]=
11/26/2019 10:15 AM
To: dbekran@ dreing pro
Save all anachment:

Marco Parking - Itemized Hours. Marca Parking 4th Bedline pdf Marco Parking Grading Permit ..

Download Failed Download Failed
Download Failed
Sent from Ine indows 12
From:

Sent: Tuesaay November 19, 2019/10:20 AN
To: Carlos Beltran:

Subject. FW. Marco Parking 4th Redline
Good notning.
good news, i spoke with the fire chief about the hydrant tuation, he's accepted your latest propesal for the hydrant. Bad newsis the scale is still off, other than that the plans look great for approval alter the fees are paid, see stached the invorce for the fees aswell thanks!
Ref. 27
Ivan A. Negrete
Engineering Technician Email, Dynamics and engineering
City of Calexico
26 City of Calexico CITY OF CALEXICO
608. Heber Avenue WORKS DEPARTMENT - ENGINEERING DEPARTMEN Calexico, CA 92231 EE/DEPOSIT PROJECT CALCULATION RECEIP www.calexico.ca.guv FY 2019-2020
760-768-2120
November 18. 2019
12/03/2019 03:57 PM
Receipt #: 00031481
Batch #: 00036 sked hours and Sita Inspection Daposit
Operator: agarcia
UA201 DR201
Name: 149M БН SI MARCO PARKING "Building permit No.

Address: GRADING PLANE REVIEW TRACKED H
Ke# AND SITE IMPACTION DEPOSIT Engineering Permit No. 10012019-9 Cash Payment: 11.300.u3
Check Payment: D.3
Credit Cord Pazeent: 0.00 cost estimate (1)
Chane De: 54:00
lotal Anount Paid: 11,24b.00
Totals
111-30-310 44115-000
PIAN CK FEES/ZONING 1,240.00 sit Fee
111-30 310-44115-000
Fee Type Fes Amount
ENG/INSPECTION FEE 10,000.00
Fee 1,246.00
Deposit 10,000.00
Thank you - Have a nice day!
Estimate
Enginearing
Account Units FoeUnit Amount
ENG-ENCRH Encroachment Permits/other 111 30-320 42120-000 ENG Sale of Maps/Public 111 30-320 48111-000
ENC-PIN Engineering Fees/Admin. Fees (plan chock) 111 30-320 44114-000 1,248.00 ENGINSP Engineening Fees/Admin. Foes (Inspection) 111 30-320 7TT5-000 10,000.00 ENGANSP Other 111 30-326 44115-000
Sub-Total Enginearing 11,246.00
Developmant Impact Fees
PL-IMPGNGV (Administraton Fesa (Impact Feo) 433 10-000 44125-000 PL-MPPE Polco Facilties (impact Fee) 20-210 44125-000
PL-IMPFO Fire facilities (Impact Fee) 438 20-250 74125-000 PL-IMPLB Library Facilitles (Impact Feo) 50-510 44125-000 PL-IMPPARKS Park and Recreaton Faciles (Impact feD) 50-520 44125-000 PL-IMPTRFC Traile Transportation Fecilides (impaci Fes) 40-413 44126-000 PL-IMPWW Sower facilites (Impact Foo 82-820 44125-000
PL-IMPWTR Water Feedites (Impact FeD) 81-810 44125-000
Sub-Total Impact Fres
Other Engineoring Fees
TArt in Pubile Place " 223 50-000 44125-010
Sub-Total Other Eig 11,248,00|
Total Collected 11,246.00
Propared/Issued By: IVAN NEGRETE
Ref. 28
Payment of $11,246. For plans and deposit.

MARCO PARKING Dynamic
Ref. 29

EX SITE PLAN & DEMOLITION PLAN
Plans approved and signed.
28 SOOTH PARKA PHASED
MARCO PARKING Dynamic
Ref. 30
GRADING AND IMPROVEMENT PLAN Plans approved and signed. 29 DITY TOPHE ORAT
MARCO PARKING Dynamic
Ref. 31

DETAILS
Plans approved and signed.
30 Citv of Callerieo
608 Heber Avenue • Calexico • Califomia • 92231 • Water Department • (760) 768-2162 Fax (760) 768-3661 Billing Ticket #
BILL. TO: Marco Madrigal JOB LOCATION: 8th St & Emerson Ave JOB DESCRIPTION: Fire Hydrant & 1" service
DATE: 1/22/2020
REQUESTED BY: POST REVENUES TO: 513-81-810-44103-000
PURCHASE ORDER NO:

DESCRIPTION UNIT QTY ГОТА

ITEM I COSTE MOUN
(Service truca 56.00 40.00 2,240.00
1 40.00 80.00 3,200.00
2 Badahoe

40.00 60.00 3,200.00
Dump trude
a00 150.00 1,200.00
4 Concrete saw

4.00 25.00 200.00
Mlact hammer
400 25.00 100.00
Air compressor

8.00 200:00 1,600.00
Compactor
Loader 16.00 00.00 1,280.00
100.00
Arrow boards

37.50 Water truch

56.00 140:00 9:50000
Labor
16:00 140.00 1120.00
Labor Patch
Badifill sand 12.00 375.00 (500.00
14 Closs 2 base (0.00 85.00 850.00
15 ton 20.00 125,00 1250.00
16 Asphalt
17 0.00 112.50
Sidewalh
e0 100 50.00 50.00
10 Safety equipment rental
ea 16.00 40.00 320.00
19 SERVICE TRUCH PATCH
ea 16.00 80.00 640.00
20 BACKHOE PATCH
PLATE COMPACTOR PATCH 16.00 ฿0.00 640.00
21 16.00 80.00 640.00
22 PAVEMENT ROLLER
100 5,095.00 5,895.00
23 Hydrant Clow 060 3 way with break off checi
LDO 480.00 400.00
24 Meter box- complete & 1' meter
100 560.00 560.00
25 Hydrant borni & spool
100 1,000.00 DOGeO
6* & 8" gate valve
112'by 8" tapping skeeve ea 1.00 2480.00 -
ea 2:90 65.00 260.00
100 125.00 125.00
ir corp & angle stop
co° C900 pipe ea 300.00 1.99 1,00640
ea 20.00 7.95 230.50
31 r TYPE K COOPER
32 ea 1,00 333.00 -
Bolt hits and gaskets ea 2.00 80.00 160.00
33 Sub-total 35,954.90
Tax 1,164.43
Depost.

Tetal Due 37.119.33

APPROVED BY
Ref. 32
Fire hydrant and 1" service
31 CITY OF CALEXICO * ENGINEERING/DEVELOPMENT SERVICES DEPARTMENT J8 HEBER AVENUE * CALEXICO, CA 92231 * TEL: (760) 768-2100 * FAX: (760) 357-7862

APPLICATIOM FOR ENCROACHMEMT PERMIT
Name of Business: Marco Parking Permit No:
431/202: -4
Applicant's Name: Marca Madridal
Telephone: (442) 283 651 Issued By: IVAN D. MEGRETE
Project Location: 149u) sixth st. /VAN A. NEGRETE
Approved By:

Inspected By:

INSPECTION LOG
Date
LPass/Fail
The applicant hereby applies for permission to excavate construct and/or otherwise encroach in pubic right-of way of the City of Calexico to perform the following work:

Endabus on perpedius a subg sit fur n Asphall Concede Kons İgnerig call ale bitell ne arboat and seller.
(Attach two copies of drawings)
The applicant agrees to do the work in accordance with the City of Calexico rules, regulations and their reference and Standard specifications. Work will be subject to inspection and approval by the City of Calexico. Please call 24 hours in advance to schedule an Inspection at (760) 768-21,00.

STATEMENT OF ACCEPTANCE OF THE CONDITIONS FOR ISSUANCE OF PERMIT:

I have read and understand each of the conditions set forth for the issuance of the Encroachment Permit on behalf of Bove Ene these Condi and being duly authorized to do so; I accept the encroachment permit subject to steven ivinese
Name of Applicant/Owner
Date
ENCROACHMENT PERMIT FEES (Check type RESIDENTIAL/ COMMERCIAL& INDUSTRIAL/ UTILITY $480.23 $1,627.52 $3,366.81
_ Concrete Work (Driveways, sidewalks, curb & gutter
_ Excavation (Trenches, sub-grade & grading) PAYMENT FROM Asphalt Paving

GRADING DEPOSIT
_ Other
IMPORTANT NOTICE: Section 4216/4217 of the Goverment Code required a Dig Alert identification Number to be issued before a "Permit to Excavate" will be valid. For your Dig alert I.D. Number Call Underground Service Alert TOLL FREE 1-800-422-4133 (Call two (2) working days before you dig). * HAVE A COPY OF THE PERMIT AT SITE *
Ref. 33
Eng Page 1 of 8
Encroachment Permit
ROVE Engineering-PROPOSAL
Rove Engineering Date Propared: 2/19/2020
ROVE
P.O. Box 2105
ENGINE GOING El Contro, CA 92021
Marco Parking Lot Marco Madrigal
Project Rams:

Rodres
gate: 2122/2021

CARLOS VILLARINO
titho CIVIL ENGINEER
E Mail estmates/@coxeengineering.com
Rove Engineering is a certifad OBE finn DBE 848352
Dascription: Gentsomen, our fine proposes to comptata the following it a of work in connection with the project referenced above, All work will be performed par tho scope and
recommandations provided by "HARCO PARKING" PARKING LOT RESURFACING plane daled on 06/30/2020 Unit Prica Comments
Description Oty. Unit Total Goat
Mobilization EA $1,200.00 1,200.00
Subgrads Preparation: Process moisturize and
recompact 1ft of native materias 5285 SOFT $1.15 6,077.75 285 THS 80200 6,292.00
Import class ll base
Place and Finiah 9° of class il base 5285 SOFT $0.70 3,699.50 22 THS $16.00 352.00
Import sand
94 LF $26.00 2,444.00
Curb and guttor
475 SOFT $5.75 $ 2,731.25
Sidewalk
EA $2,200:00 2200.00
16' Driveway
Handicap ramp EA $2,600.00 2,600.00
100 LF $7.15 715.00
matan pressure treated board
344° A.C. @ 3 thick 5285 $3.00 $ 15,855.00
traffic controt $750.00 $ 750.00
Discount LS $916.50 $ 916.50
Total 44,000.00
Inclusions: Exclusions:

Engineering.

Testing
Survaying
stating, Penaits,
Fees of any kind (untoss caused by contractor)
Plastic for concrete slaba
Proposal assumes the site has enough mabrial and no allowanca for import or export has boon included
Dewataring or Propossing of saturatnd soita
Excavation and Disposal of any Debris not Specified Above Owner la Provide Nearty Construction Water for Any and All Porposse Over Excavation Beyond the Specified Depth Listed Above Encroachment Permit
Prevaiting wages
Export and import of materials no spacified above.
water meters
Demotition
excludes all backfill and concrets materials
Submitted This Date: 20222021 Rove Engineering inc
Stayen Eugenio
PROPOSAL VALID FOR 45 DAYS ROVE 700-790-7705
License # 1046101
Steven Eugenio Expiration-10/31/2020
ENGINEERING DBE & 48352
Principal
PO Box 2108
arcoMC Ref. 34
Street Improvement.
33 SIERRA MATERIAL TESTING & INSPECTION INVOICE
SIERRA DUSTY WAY Dete levoice
EL CENTIO, CA SZ213 4/7/2021 1503
Pbarte # (760) 337-2057
Fak B (841) 318-7846 Due Date
Bill To 4/7/2021
Marco Madrigal
Purchase Order Project e Praject
Sad Stract and Emonan, Celerica
Notes Hours / Each Bate Amount
hem Serviced

EIEINEERING TECHBEIIASI
4/3/2021 Paul Gastelum 88GD 10200
Testing and Oferrustions 88.00
Costrete Fide Up 8/2/2021 Paul Gastelum

LABORATORY TESTINE
185.00 27A00
Rossm Unit Weight 25.00
Compressive Strength
lease contact us if you have any questions Total USD 1,023.00 Make all checks payable to sierra Material Testing & Inspection, Int Appreciate your business!
Ref. 35
Inspections and Testing.
34 PYRAMID General Engineering Contractor
CONSTRUCTION Si Canion te No 8633
AND AGGREGATES, INC. DIR # 100638605
Date: November 20, 2020
From: Ryan Dickerson
To: Marco Parking
Re: 149 W Emerson Calexico, CA
Pyramid Construction and Aggregates, Inc. proposes the following on the above referenced project as follows:

Recycled Base FOB Heber Yard
Approximately 1,700 tons
$8.00 per ton plus tax $8.62 per ton
Add $6.00 per ton for delivery $6.00 perton
814.62 per ton
TOTAL: $24,854.00
Quote good for 30 days
Contingent on Availability
PO*._
Accepted by
Date
When purchase orders are issued for material sales, all materials are F.O.B. point of origin and the title to the materials shall pass directly from the seller to the buyer at the shipping point prior to shipment. Contingent on trucking availability. $1.66 per mir by time after 15 minutes. Ref. 36
Pyramid material: class Il base

Payment Receipt

SIERRA MATERIAL TESTING & INSPECTION
1003 INDUSTRY WAY

SUITE A
EL CENTRO, CA 92243
Received From:

Marco Madrigal:809 Sixth Street and...

Marco Madrigal
05/21/2020 Payment Amount USD 512.00
Date Received
Payment Method Cash
Check/Ref. No. cash
Invoices Paid
Date Number Amount Applied
05/21/2020 1356 USD -512.00
Ref. 37
Sierra materials and testing: receipt native

50 SIERRA material testing & Inspection
1003 Industry Way, Suite A
El Centro Ca 92243
SIERRA tel: (760) 337-2087 fax: (760) 337-1926

DAILY FIELD REPORT
Day: Weather. Page:

Job No: Client: Date:
[05-23-20 Saturday Sunny 1 of1
EC809 Marco Madrigal
General Contractor: Owner Arrived: 10:00 am
Job Name: [Eth Street and Emerson. Cix
Grading Contractor: Departed: p2:00 pm
Job Owner
Superintendent:

Source of fill: Native Hours 14.0
ontractor 1 - water truck Charged:
quipmen 1 - motor grader
1 - sheeps foot compactor
Paul Gastelum Travel Time Charged: Mileage Charged:

Field Rep:

Description of Work Performed:
farco Parking location described above to perform density test by nuclear gauge on native silty clay with traces and and gravel. Total of five (5) tests were taken to a depth of 8" at randomly selected areas by Sierr representative on site.

All tests taken were at or above 90% compaction and optimum moisture 2% above.

ITEMS WHICH NEED TO BE RE-OBSERVED OR TESTED DURING THE NEXT VISIT:

SIERRA Client
Rap. Rep.

Reviewed by:

Signature: Signature:

Nolice: The professional engineer is represented on sile solely to observe operations of the The presence and activities of the engineer's fiek Ref. 38 report those opinions to the client
requirements. The contractor retains sole responsibility for site safety and the method and sod Sierra materials testing: Native soil report.
3/

SIERRA MATERIAL TESTING & INSPECTION INVOICE
SIERRA S0 AUSTRY WAY Date Invoice a
wIteriat testing & inspection EL CENTRO, CA 92243 1/4/2028 1478 Phone # (760) 337-2067
Fax # (844) 318-7046 Due Date
Bill To 1/4/2021
Marco Madrigal
Purchase Order Project n Project
EC809 809 Sixth Stneet and Emerson, Calexico
Serviced Notes Hours / Enth Rate Amount
Item

ENGINEERING TECHNICIAN

88.00 352.00
Testing and Observations

LABORATORY TESTING
160.00 160.00
Max Density
Poreau
frui
lease contact us if you have any questlor Total USD 512.00 lake all checks payable to Sierra Material Testing & Inspection, In We appreclate your business! Ref. 39
Sierra materials testing: receipt for class lI
-
SIERRA material tesung & inspection
1003 Industry Way, Sulte A
El Centro Ca 92243
SIERRA tel: (780) 337-2087 fax: (760) 337-1926

DAILY FIELD REPORT
Date: Day: Weather: Pago:

Job No: Client:

Marco Madrigal 11205120] Saturday Sunny 11 of 1
EC809
ath Street and Emerson, Clx General Contractor: Owner Arrived: [11:00 am Job Name:

Grading Contractor: Departed: 03:00 pm
Superintentent Owner
Source of fill: import Class 1l Base Hours 4.0
1 - water truck Charged:

I - motorgrade
I - steel drum rolle
Field Rop: [Paul Gastelum Travel Time Charged: Mileage Charged:

Description of Work Performed:

Marco Parking, Calexico
Density test on 6" of aggregate base (recycled). Total of five (5) tests were taken by nuclear gauge at randomly selected locations by Sierra representative, Paul Gastelum. All tests taken were at or above 95% compaction of dent. Can sed me de, water, sheft vibrator compaction to uniformly blend and compact.

Import material to minimum 95% compaction.

ITEMS WHICH NEED TO BE RE-OBSERVED OR TESTED DURING THE NEXT VISIT:

SIERRA Client
Rep. Rep. Roviewed by:.

Signature: Signature:_
Notice: The professional enginees is represented on site solely to observe operations of the contractor report those opinions to the dient The presence and activities of the engineer's field representa Ref. 40 requirements. The contractor ratalina sole responaibility for site safety and the method and sequences of :

Sierra materials testing: Class II base report.

Paul Gastelum
(760) 562-4156
SIERRA [email protected]

COMPACTION TEST REPORT
Project Name: 6th Street and Emerson, Calexico CA Project #: EC809 ASTM Test Method: D6938 Project Location: Calexico, CA Paul Gastelum Report Date: 12/5/2020 Sierra materials testing: Class Il base report.

Technician:

LOCATION KEY ELEVATION KEY
1003 Industry Way NSG....Native Subgrade AB.....Augregate Base FAB...Ffinish Agg. Base BP...Building Pad I Teaching wall FG...Finith Grade FSG...Finish Subgrade BTM...Bottom TEST LOCATION PROBE DEPTH ELEV. *MOIST DRY DENSTY CURVE I *REL COMPACTION

FIELD SPECIFIED
20'N x 30'E of SW corner FG 72 120.1 Max 2 95.3% 95 Ref. 41 6D'W x 60'N of SE corner FG 7.8 121.8 Max 2 96.7%
40'S × 50°W of NE corner FG 8.9 119.7 Max 2 95.0%
50'S × 30'E of NW corner 8.0 123.8 Max 2 98.3%
30'W × 70'N of SW corner FG 7.7 122.8 Max 2 97.5% 95
4U
Lab Curve i Sol Typa/ Description Optimum Molsture (%) Max Dry Density (PCF) Max 2 Import Class Il Base (recycled) 3/4" 8.0 126.0
REMARKS: All tests taken met specified density requirements The Material Г Was Wasnot
Sampled and tested In accordance with the requirements of Signature the approved documents
12/5/2020
The Material Tested
- Did not meet
The requirements of the approved documents. Paul Gastelum/Senior Technician Print Name/ Title
3 wanstate message te: English | Never trandfate from Spanish Planning < [email protected]> Tru 6/17/2021 300 PM To: You
cc. karen sune
Hond Ahimoon
et se ir et es te o en rina es a se en las el partiredo ent unde 2, se - edited and con die litio ito lei centre lator contrad te se es de 2 de traide approved HCD Insignia.

Thank you
Buenas tardes,
aur cumolan con el título 24 o ei titulo 25, si el remolque tene una intimis MCD aprobsda Gracias
Ref. 42
Contract Planner
Development Services Department Email Christopher Velasco Phone: 760 768.2105
Cell: 760 618 2007
FAx: 760.357.7862
mal: nomine 20003
Marco Parking Fri 6/16/2021 620 AM
To: Planning
=
eScannable Document on onJun...v
6 atteciunerts (15 MD) C Sartelto Credtive # Dorariaso es Buenos dias ( i te adjunto los documentos del estaclonamiento. Ref. 43 Email Christopher Velasco
Gracias
Marco me
41 Planning <[email protected] Tue 6/22/2021 1:10 PM To: You
Cc: Karen Osuna
a Piking Permit Aplication C.. vi B Uniform Application - City of.. " 2 atrachmerts (575 KB) O Save silla Oreüire # Domiked si Good Alteraon,
Plense complete a contractors building permit application and indude a site plan with the placement of the trailer. The trailer will have to be placed on a permanent foundation and inspected by the Sulding Oficial in order la de given approval.
23 d-ttute the caped traie sty be pisted ste semanaltacture entreottelsith sontos frustre di per 107130-ested and compos heterones el The ste dian del the d'agemensale arpered bul de piens for the traer are teaded tomany thit ares for ard toeamachaments you have sent me te mereses meses Mansing Dicen rato propias sande colefteesero ad prees y the Maring Doga Itherse been reysewed lf not alaskatthe farer ston m8:150012039
please complet: » Uniferm Application.

Please see the atoched Building Permit Application and Uniform Application for the parking lol.

Buenas tardes.

Complete una solicitud de permiso de construcción para contratistas e incluyo un plano del sitio con la ubicación del remolque El remolque deberá colocarse sobre una base permanente e inspeccionarse por el funcionario de la construcción para que se se de su aprboiki
Como se discutó, el remelque proguesto se puede colocar corno una estructura permanente en la parcels que se divide en zonas como IR-industral Rail por 1707.120 Usos permitidos y condicionsdos - Zonas I (7) (b) El plano del sitio qua describe la ubictoón del remoique en la fra edad y los planes de carateae, en del remolque son necesarios gara satee arandar ente aracita los aneros qua me ha enlodo indian que la Oisión de ingeniería ha aprobado el estacionamiento No hay registro de que la Olvisión de Paridcanas hava aprobado el oroyesta so toror envieme una copia de los dignes torcasdhi por de 9. sión de Planificación si han sido revisados. Si no es así, camplete una Sollertud undame Consulte le Solicitud de Bukling Permit Applicationt y la Uniform Application para el estacionamiento.

Best,
Ref. 44
Contract Planner
Development Services Department Email Christopher Velasco Phone: 760.768 2105
Cell: 760 618 2007
Fax: 760.357.7862
Email: antica camise.ca.c
Planning <[email protected]› Mon 6/28/2021 353 PM Tos You
Ce. Karen Osuna: ivan Negrete, Miguel Figueroa
3 Ua 2021-11 - Important Noti. v
Good Alteroon Mr. Madrigal.

Please see the ottached letter regarding the Uniform Aplication submitted todoy. Thank you.

Best,
Ref. 45
Contract Planner
Development Services Department
Phone: 760 768 2105
Cell: 760 618 2007 Email Christopher Velasco
Fox: 760 357 7862
5% Translale messaga to: Englin | Never translate from: Spana Marco Parking Mon 7/12/2321 779 AM
Yo: Planning
Cc Karen Osuna; ivan Negrete; Miguel Figueroa
Merco parting Sher403 pa Marco Parking sheet 0d pot A Combined Prelim poff a Maco Parting Sheeto pot Marco Parking Sheet 02 paf
a 1312519. Polted Easement pot v
A 7 atacrments (10 MD) O Sereanto Onellive de Comicadad Buenos dias ( Ref. 46
Te adjunto todos los documentos restantes del estacionamiento.

Email Christopher Velasco
Gracias,
Marco M. (
42 .....

Planning <[email protected]? Mon 7/12/2021 756 AM To: Youl
Cc: Karen Osuna Ivan Negrete; Miguel Figueroa
Good Morning.

Thank you for sending this over 1 will review the items todsy Best,
Ref. 47
Contract Planner
Derelopment Services Department
Phone: 760.768 2105 Email Christopher Velasco
Cell: 760.618 2007
Fax: 760 357.7862
Sh Translate message to: English | Never translate from: Spanish Marco Parking Ref. 48 Hed 7/28/2221 11:33 AM
To: Planning
Email Christopher Velasco
Buenos dias
Este es el documento que me dio Hega construction inc para la instalacion de la traila. Es la propuesta que me dio, me dijo que era algo aprobado por el estado de california.

Gracias.

Marco M.

Planning <[email protected]> Tru B/12/2021 411 PM To: You
Cc. Karen Osuna; Chuck Cortez
Buenas Tardes,
Gracias por proporcanar este documento Comuniquese con Chuck Certez, el funcionano de construccdn sobre este asunto ¿fia presentado un permiso de construcsión de contrausta? Best.

Contract Plenner
Develapment Seroces Department
Phone: 760.763 2105 Ref. 49
Cell. 760 518 2007
Far: 760.357.7862
Email Christopher Velasco
* Repty il es Repty all → Forward
43 = Filter
• Results
Received
From subject
Mon 12/12
ming everyone, I wanted to follow up with the email below. I have the appelic... 1-00 Mon 12/12 Treas Tue 12/6
Madingal these will be the next steps to contring the process or your Mac. hour. 9/20/2022
K00E 8/4/2022
5/18/2022
Could you please send me your cellphone number. i would like to give you a ca. iter 1/25/2022 -otx 1/5/2022
• Lisa Tylenda
11/15/2021
› • Lisa Tylenda
15/3/2021
* Lisa Totenda ew is available.

Ref. 50
Emails with Lisa Tylenda
44 Ref. 51
Fire inside my lot due to candles left by
sleeping drug addicts.

Ref. 52
Chain fence was forced to take a car from
the inside of the parking lot.

ATATE A

STATE OF CALIFORNIA
69015123015 CERTIFICATE OF TITLE• нтн»

AUTOMOBILE

VEHICLE ID NUMBER MOONE MAXE PLATE NUMBER
225003337 1965 VOLKS 5X0P201

UNLADEN REOISTRATOY

BODY TYPE MODEL AX WEIGHT FUEL TRANSFER DATE EXPIRAT
BU 109/14/13 10/08/2036

FOU PAT/TRUST MUMB ISSUE DATE
12/30/15

DOOMETER DATE ODOMETER READINO
MOTORCYGLE UNCHE MUMB US. VEHICLE PRUNE
20/03/1997
REGETERED OWNERS!
SIERRA LUIS ОСТ 0 5 2020
HOLD TO LIGHT TO VIEN 1154 CASSIDY ST -DEC 1:0.2026.

GARDENA CA 90248 PORt OF
ULS. CUSTOMS AND BARN U.S. CUSTOMS AS DaR

ADER PROTEC DR
ARK ( certify (or declare) under penalty of perjury under aws of th alato of Califomla thai THE SIGNATURE(S) BELOW RELEASES INTEREST IN THE VEHICLE.

RN 1a DRE OF REGISTEREO OWNER
Ш
fb NATURE OF REGISTERED OWNERO
WA Federal and State few regures that you stale the mileage upon transler of ownership, Fallure to complete or providing a Take statement may resuit in fines andror imposohmeni
BEAR The odoneler now readiL, (mo tenths), miles and to the bestof my knowledge rolects the actuat mileage unless one of the following statements is checked.

WARNING Opscolet mading not he actual misage Meage exconds the odometer mechanicat finite WITHOUT I certiy (or declare) under penalty of perjury under the laws of the State of Callfornia that the foregoing is true and correct VOID LF РОРЧА В ЄВОТИ

IMPORTANT READ CAREFULLY
(holdar of sacorty Interest) must be reported to the Department of Motor Vehicles within 2 X
Signature releases interest in vehicle. (Company
names must be countersigned)
Release Date
CA162847567
001698 RES 17,30RS (BEV 10/20)

KEEP IN A SAFE PLACE - VOID IF ALTERED S
Ref. 53
Title of car stolen, VW bus 1965.

MARCO PARKING

AUTI TRANSPORT
Ref. 54
Stolen VW Bus from Marco Parking.

Ref. 55
Stolen car from new location, thieves went
through the chain fence of the neighbor.
49 Ref. 56
Drug addict trespassing to my lot at 2:00 am.
50 MARCO PARKING

BURROWING OWL

MONITORING REPORT
149 W Sixth Street
Calexico CA. 92231
December, 2021
Prepared for:

Marcos Parking
Marco Madrigal
149W Sixth Street
Calexico CA. 92231
Prepared by:

Barrett's Biological Surveys
Certified as performed in accordance with
established biological practices by:
narie D. Larri
Marie S. Barrett, Biologist
2035 Forrester Road
El Centro, Ca 92243
760.352.4159
Ref. 57
Burrowing Owi Report.
51 CONTENTS
Monitoring Repo...... ....

Photograp:................ ......

Bioresource Map.. ......-
Qualifications. ...... 7
Ref. 58
Burrowing Owl Report.
2 52

PROJECT DESCRIPTION AND BIOLOGICAL REQUIREMENTS
Marco Parking, 149 W Sixth Street, Calexico CA. 92231 is cleaning their lot for future construction In the process, burrowing owls (BUOW) were observed sheltering in the concrete piles that were to be moved. Map attached.

SITE SURVEY
Ou December 7, 2021 a survey was conducted by Marie Barrett biologist. No BUOW or BUOW signs (whitewash, pellets, feathers, prey remnants) were observed in the oncrete pile. As BUOWs might be using concrete piles as a shelter area, biologi corumended that the removal area be monitore

CONSTRUCTION ACTIVITIES
n December 15, 2021, removal of the concrete piles was begun and monitored b iologist, Marie Barrett. Conditions on site: 46°F; clear skies and 4 mph win No BUOW were observed at 7 AM prios to start of concrete removal activities or during removal. Area was monitored until concrete piles were either removed or flattened so that the area was not attractive to BUOW.

Ref. 59
Burrowing Owl Report.
3 53

PHOTOGRAPHS

1. Burrow found on site; no BUOW or BUOW 2. Large raptor strike; not related to BUOW 12/7 signs observed. Not a BUOW burrow 12/7

3. Piles of concrete; area of concern. No BUOW si tri wite warring portor a euly removed signage observed 12/7
Ref. 60 Burrowing Owl Report.
54 6. Debris loaded into dumpster for disposal at

5. Removing debris 12/15 Pyramid Construction 12/15

8. Debris area flattened to remove attractive

7. Debris area flattened to remove attractive
BUOW perches/shelters 12/15
BUOW perches/shelters 12/25 5
Ref. 61
Burrowing Owl Report.
55 Marcos Parking
BUOW Mentoring Area
Concrete piles area
Cal American a
149W 6th St
Emerson Ave
Vel Facker FaintEele
Unin iles SoNicas
Auto Transcoul No Lines Resistra
Ref. 62
Burrowing Owi Report.
56 MARIE S. BARRETT 1035 Forester Rosd, El Cento. CA 92243(760) 3514159 [email protected] Burrowing Owl Sureyos (CDEG/USEW
SFW Desert Tortoise Egg Handling Desar Tortoise Council Sury Techniquss Workshop Certifica BCI Bat Consersation and Management Workshop (Acoustic) Certificate Southwestern Willow Flycatcher Workshop Keraville CA 2010 CA Scientific Collection Pennit 126 USFWS Salvare Permit MB52633B-1

CAREER HISTORY
Berrett's Biological Surveys. El Centro, California BIOLOGIST 3/95 -present Helped established protocol and perfor Vegetative Baseline Srudies and Biological Surveys for Mining Reclamition Plans in Imperin Coury. Ense performed unterous (oter 20,000 cres) surveys farolving saried wildlife including burrowing owl, nesting birds rod plant species and waiting reports and biological ssessments. Certified to perfon Flat Tailed Homed Lizard Surveys; completed Deser Tonoise workshop pprovad to handle desert tortoise (Amarican Girl Mina/BLM project, 12013). Work closely with gotemment aeancies suches such as Bureau of Land Mangement, Sute Office of Mining Recinmation, California Depanment of Fish and Gause. Wrinen over ten Environmental Assessments for BLA, El Centre oftice Over 150 days spent in beld moaitoring/sumeying for FIL; 98 days in field monitoring/surveying for desert tortoise and 32,000 acres surveyed for burrowing owl and nesting birds: 2 ID Barrowing owl surveys with AECOM (2011/12- 226 hrs). Wrote Imparial Impition District Arificial Burron: Installation Mantal (2009). Over 25 acate burrowing ow burross passivaly relocated and 50 aficil burrows installed. Volunteered for desert tortoise work (20 hrs) with Dr. Jeff Lovich Coachella Valley Projects: Torres-Martinez (Desart Calmalla Composting Facility Biological Resource Tecimical Report/Swveys 60 acres, SR 86/Ave 84, 2013-19, Augustine Tribe (Solar Farm Biological Resource Technical Report/Surveys 10 acres, La Quinta, CA, 2010); Benitez Family Trust Therapeutic Commity, Dillon and Cabazon Ronds, 10 scres, 2008): Chandri Group/Marks Architect various commercial projects 2006-present. Blythe Minutenergy Mt Signal Solar 5000 ecres Preconstruction surveys/construction monitoring and BUOW Post construction monitoring; Biological reports, Avian mortslity and post construction BUOW. 2010-present.

Black Mt. MetTower Installation: desert fortoise survey and moatoring approved by BLM, El Ceatre office Salton City Bunrec I andill FTHL monitoring/clearance 2010-2019 (42.5 hrs); Superior Redi Mix: FTHL suveys.

Out Pit Environmental Assessmeat for BLM, El Centro, 2009-20 (20 hours) SDG&E La Rosite Pole Replacement FTHL Monitoring 2012-2013(410 hrs); Imperial County Department of Public Works, surveys for various bridges, El Centro, 2008-20. All Anterican Aggregetes, FTHL surveys, Boyd Road Mine Entronniental Assessment, BLM EI Cestro, 2007. (95 hous) All American Aggregates, FTHL surveys, Wheeler Road Mine Envirombeatni Assessment, BLM, E1 Centro, 2006. (8.5 hours; VatRock, FTHL surveys, Ocotillo ByPas Rosd Entirenmental Assessment County of Imperial/BLM, E1 Centro, 2004. (7 bours), USFIS Authorized desert tortoise biologist. American Gul Mina and Mesquire Mine.

Citizens' Congressional Task Force on the New River, Brawley, C2 PROGRAM CODRDINATOR 1/98 - present Assisted with design, construction, plazing and moutoring of four constructed wetlands in Imperial County.

Responsible for coordinting activities relating to student and public outrasch education to promote the water quality opportunities of wetlands pouding systers on the New River.

Imperial Valley Collere, Imperial, California ENVIRONUENTAL MANAGEMENT PROJECT COORDINATOR 9/95- 12/99
Responsible for establishing an Environmentel Technology curriculum, preseuring public forums, short courses and certificate courses in hazardous materials and safety areas. In conjunction with Division Chairman, established a budget for 96-98 progmm and obrained funding of 5131,000 based on 95-96 program performance. Established shorr courses that trained over 700 people in hazardõas tanterials safery programs. Compiled a survey of employers, which provided direction for the program.

VOLUNTEER ORGANIZATIONS
that strncted over 300 birders.

Imperial Vallay College, Imperial, Califorgia dociane of Science Degree AGRICULTURE Ref. 63
Burrowing Owl Report.
57 608 Haber Are.

Tel 750 C021131-280
CITY CFCALICO RA 032-10-20

CALEXICO

PLANNING AND BUILDING SERVICES DEPARTMENT
Notice to Abate
and
Items to Correct for Conditional Use Permit Process
January 4, 2022
RE: Notice 10 Abate and Pending Items for Marco Parking Conditional Use Pennit Application Dear Mr. Madrigal,
Please take this as an official comment letter regarding your conditional use permit application process. During an onsite inspection conducted by the Chief Building Official and the Planning and Building Services Director in the month of November 2021 and December 2021, the following items There has been a tence taller than 6 feet installed without a permit and said fence is blocking 1 order to utilize the City of Calexico Right-of-Way, you must apply and undergo a bandonment procesy for the portion of 6h Street that is adjacent to your properties The trailer structure that is proposed to be utilized for a business office has been deemed by the Chief Building Official to be beyond repair.

The Canopy and tank structures must be removed.

The property needs to undergo underground storage tank monitoring or remediation. To begin this process, please contact the Imperial County Environmental Health Department.

Applicant must provide the City of Calexico with a report stating that the property has been cleared by the Imperial County Environmental Health Department and the Environmental Protection Agency (EPA) in regards to the underground tanks.

Ref. 64
Notice to abate and items to correct letter.
58 608 Heber Ava.

Coluxico, CA 92231-2040
Tel. 760 788.2110
CITY OF CALEXICO Fax. 760.357-7882
www.calexico.co.aas
plicant must obtain a Grading and Fen roach ment permi for the improprent done on meet. Or provide the City v
permitted.

Burrowing Owls were observed on the East portion of the propenty. The study conducted only identifies the west portion of the property. The City is pending acceptance of the study. Staff needs to meet with the biologist that conducted the study for clarification.

The undersigned acknowledges that the information above is part of a Notice to Abate and that if the conditions pending correction and abatement are found to be non-compliant, enforcement action will result as outlined within the City of Calexico's Municipal Code.

Maico 1/4/22
Représentative Name and Datc
Representative Signature and Date
Lisablenda 1422
City of Calexico Representative Name and Date
•
Ref. 65
Notice to abate and items to correct letter.

Vua Palerica!
59 Calexico Community ing Rpent Department
08 Heber Arenas, Calexico Califorain 8888
ww.mlexico.en.gc
Building Address: 149W 6TH ST
Permit #: 22-052
Owner's First Name: MARCO Owner' Last Name: MADRIGAL
Owner's Address: 149 W 6TH ST Owner's City: CALEXICO
Owner's State: CA Owner's Zip Code: 92231
Owner's Phone Number: 442-283 6511
Contractor's Name: OWNER Contractor's State License:

Date of Application 2/10/2022
Description of Permit: DEMOLITION
APN 058-431-002 Permit Cost: $45.50
Valuation: $0.00 Seismic Fee: $0.00
SB1473: $0.00
Plan Check Fees: $0.00
Elect Permit Cost: $0.00
Date Issued: 2/10/2022 Plumbing Permit Cost: $0.00
Mechanical Permit Cost: $0.00
Total Fees Due: $45.50
2/10/22
Property Owner's/ Licensed Contractor's Signature Date
Pursuant to the 2019 California Guiding Code Call (760) 768-7440 before 4:30 p.m. to schedule inspactions for tha follwing business day.

Enforcement) - Officers and agents of the City of
Calexico shall have the right to enter and
inspect private properties to sacure compliance This permit is valle for one year from date issue with the rules, regulations and development extends for 1f Ref. 66 standards of the Bermit.

Demolition Permit for old gas station.
60 APPROVAL DATE INSPECTOR NOTES

CITY OF CALEXICO

FOUNDATION
mination marings BUILDING PERMIT
Sebackr
Slah Rebar Development Services Department, Building Division Pim Fate 608 Heber Arenuc, Calexico CA 92231
Wall Relur SCHEDULE FOR INSPECTION BY 4:30 P.M. TO
Progenus
В on CanIn BE PLACED ON THE LIST FOR THE NEXT
STRUCTURE BUSINESS VIA:

Hand Hear Voicemail: (760) 768-7440
Shre Not
Kant Eaten
(hair Shrathing E-mail: [email protected]
Taux Rust
Te. Shea PLEASE PROVIDE YOUR PERMIT NUMBER, ADDRESS,
Susp Ceiling Coal AND TYPE OF INSPECTION REQUESTED
Insulation
Raist Taron
3r marlen
tw lashe
Date Permit Issued Permit Number
2-10-22 22-052

PLUMBING
Budding Madness: 149 W Gth st
Sower
Cia Reant Tea Owner: Marco Madrigal
Lonmater Ouner
at Bot Day
Description of Work: Demolition
HVAC
17-1 FINAL INSPECTON DATE APPROVED SIGNATURE
Tur
Ten Hom BUILDING DIVISION

RECYCLE RECEIPT
Abus -cing
Rrysen PLANSING DIVISION
Fue Dayyn

ENGINEERING DIVISION

ILTILITY SERVICES

PITLIC WORKS

ELECTRICAL

BRE DEPARTMENT
Reali

IL HEALTH
Open Termy
ner He When properly signed, this document is a
Texaska CERTIFICATE OF OCCUPANCY
COMMENTS The Building shall not be occupied until a final inspection been complered and signed below:

Ref. 67
Buikling Of Demolition Permit for old gas station.
61 D
2Y.

APR i 3 2022
City of Calexico
20000
Development Services Department - Planning DiscRees oner

UNIFORM APPLICATION
608 Heber Avenue, Calexico, CA 9223l
- Phone: (760) 768-2118 • Fax: (760) 357-7862 • Email: [email protected] www.calexico.ca.gov
Application Types (Please indicate all of the planning applications you wish to apply for:

Lot Line Adjustment (4 lots or less) Conditional Use Permit (CUP) [Non-Cannabis] Subdivision (4 lots or less) Variance Request
7 Tentative Parcel Map Project (TPM) Other Development Application Type List Project Type: Street Abandonment
PROJECT INFORMATION:

Project Address/Location: - 11900 sixth st.

Assessor Parcel Number (s) 058411-001200, 058-4il=010-000, 058-431-001-000, 058-431-002-000
Proposed Project Description (a detailed project description must be included as a separate attachment/letter) Current General Plan Designation:

Current Zoning: IB
Proposed General Plan Designation:-
Proposed Zoning:

APPLICANT INFORMATION:

Name:_. Marca A Madrida l
Address:. 149 c0 sixth st-
Phone Number:_ (442) 2936511 Emal: [email protected] I hereby authorize this application and certify that all filling requirements have been satisfied for my application.

I also acknowledge that any missing items may delay the processing of my application. 4/13/22
Date
AUTHORIZED REPRESENTATIVE:

Name:

Phone Number: Email:.

CHICIAL USE ONLY
Uniform Application No.
•
Ref. 68
Uniform application: street abandonment
62 RE VEL
APR 13
EXHIBIT "A" 10:00AN
TIME

RIGHT OF WAY ARANDONMES CITY OF CALEXICO

FF OMENT SEES DEPREMENT

LEGAL DESCEIPTION
A PORTION OF 6TH STREET, TOVINSITE OF CALEXICO, IN THE CITY OF CALEXICO, COUNTY OF IMPERIAL, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 911, ON FILE IN BOX 1, PAGE 14 OF OFFICIAL MAPS

IN THE OFFICE OF THE COUMTY RECORDER OF SAN DIEGO, A COPY OF SAID MAP BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF BLOCK 32 OF SAID MAP NO. 911, WHICH IS THE

IRUE POINT OF BEGINNING GROB)
HENCE WEST 257.00 FEET ALONG THE NORTH LINE OF SAID BLOCK 32 TO THE EASTERLY LINE OF TH OUTHERN PACIFIC COMPANY'S RIGHT OF WAY AS SHOWN ON SAID MAP NO. 911

HENCE EXTENDING NORTHWESTERLY ALONG THE EASTERLY UNE OF SAID SOUTHERN PACIFI •OMPANY'S RIGHT OF WAY, $1.50 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF LOT 1 OF BLOCK 20 OF SAID MAP NO. 911;
HENCE EAST 285.00 FEET ALONG THE SOUTH LINE OF SAID BLOCK 20 TO THE SOUTHEASTERL' ORNER OF LOT 10 OF BLOCK 20 OF SAID MAP NO. 911
HENCE SOUTH 80.00 FEET ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 10 OF BLOC OF SAID MAP NO. 911 TO THE THE TRUE PONT OF REGINNIM
THE ABOVE LAND DESCRIBED AREA CONTAINS 21,712 SQ. FT. (0.50 AC.), MORE OR LESS.

SUBJECT TO ALL COVENANTS, EASEMENTS, AND AGREEMENTS OF RECORDS.

SHOWN ON EXHIBIT "E ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF.

Ref. 69
PAGE 1 OF 1 Street abandonment documentation.
63 EXHIBIT "B"
ABANDONMENT OF A PORTION OF 6th STREET
13 6 2 . 15.
21 (15) AVENUE

36.79 BIK
11 123ĐỢ B/N 16 17
PER 0M1-14
50' 50% 50 J
6th 80' R/I & PER 041-178
257.00 / ГРОВ
107.60 50° 50 50 50° 50° 50
SCALE: 1"=100
57397 EMERSON 31 , 15 14
_56.8
10 • 15 17
140-
LEGEND:
- RIGHT OF MAY LINE

LOT LIVE

EXXXXXX AEA TO BE AMMONIENT
RIGHT OF WAY WADTH PER MAP NO. 911. ON FILE IN

THE OFFICE OF COUNTY RECORDER OF MAPERI
COLANTY (OM 1-14).

NOTE:

AREA TO BE ALADONMENT = 21,712 S.F. (A50 MC.) MORE OR LESS PAGE 1 OF Ref. 70
Street abandonment documentation.
64 EXHIBIT "A"
• LOT MERGER

LEGAL DESCRIPTION
N BOOK 1, PAGE 14 OF OFFICIAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO,

COPY OF SAID MAP BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNT SENT BE SOONER OF LOT 1 OF BLOCK 20 OF SAID MAP NO. 91. WHICH I THE HENCE WEST 150.00 FEET ALONG THE SOUTH LINE OF LOTS 3, 4 AND 5 ALL OF BLOCK 32 TO TH SOUTHWEST CORNER OF SAID LOT 5 OF BLOCK 3
THENCE SOUTH 10.00 FEET ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT 5 TO THE CENTER LINE OF THE ALLEY IN SAID BLOCK 32;
THENCE WEST 56.80 FEET ALONG SAID ALLEY CENTER LINE TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHERN PACIFIC COMPANY RIGHT OF WAY; THENCE NORTH 18°4B41* WEST 401.36 FEET TO THE SOUTHWESTERLY CORNER OF A CERTAIN PARCEL OF LAND CONVEYED BY PETER BARNES AND WIFE TO IMPERIAL VALLEY OIL AND COTTON CO. A CORPORATION, BY DEED RECORDED IN BOOK 61, PAGE 333 OF DEEDS, RECORDS OF IMPERIAL COUNTY.

CALIFORNIA;
HENCE EXTENDING EAST 86.19 FEET ALONG THE SOUTH LINE OF THE PROPERTY SO CONVEYED T THE EAST LINE OF LOT 15 OF BLOCK 20
THENCE SOUTH 10,00 FEET ALONG SAID EAST LINE OF LOT 15; HENCE EAST 285.00 FEET ALONG THE NORTH LINE OF LOTS 14,7.89, AND 10 ALL OF BLOCK 20 TO THE NORTHEAST CORNER OF LOT 10 OF BLOCK 20, ALSO BEING IHE TRUE POINT OF BEGINNING LIPOE THE ABOVE LAND DESGRIBED AREA CONTAINS 98,132 SQ. FT. (2.28 AC.), MORE OR LESS.

SUBJECT TO ALL COVENANTS, EASEMENTS, AND AGREEMENTS OF RECORDS.

SHOWN ON EXHIBIT *B" ATTACHED HERETO, AND BY THIS REFERENCE MADE APART HEREOF.

OAT BE TR
No. 8452
Ex: 12/1/22
PAGE 1 OF 1
Ref. 71
Street abandonment documentation.
65 EXHIBIT "B"
LOT MERGER NO.
50 3 - 15
EA,T 86 19 -202:1002- AVENUE
EAST 263:36
BLK
152 (1D)
50'
300.

KIr.9N2IN LM PARCEL "A" SOUTH
6th STREET
228 ACRES
2 107 50

EMERSON
WEST 150.00

18.-
56 9
10 : 16
BIK
LEGEND: 27

RICHT GF WAY LINE

LOT INE
- OF LOVE TO BE ARANDONED

ARE TO DE MERSE
RIGHT OF WAY WITH PER MAP NO. 911, ON FILE I
THE OFFICE OF COUNTY RECORDER OF IMPERA!
COUNTY (OM :-14;
NOTE Ref. 72
AREA ID ME MENSE 23:12 SF (223 AS SEE 38 CE
Street abandonment documentation.

P.
66 d08 Heber Ave
alexico, CA 92231-2840
Tel: 760.788.2100
CITY OF CALEXICO Fax: 780.357-8872
[email protected]
CALEXICO Public Works Department
Engineering Division
December 20,2022
Attn : Marco Madrigal
via email: [email protected]
RE: Marco Parking Status
Mr. Madrigal
The present letter from the City of Calexico, Engineering Department is issuing a status review on your grading pennit.
per the previous inspections on your site and the satisfactory compliance with the approved plans all that is pending for review is:
- Trees per landscape requirements
Upon installation of the trees you project is good to go on the engineering side Should you have any questions on the above matter, Please do not hesitate to contact the office at (760) 678-2160
Ivan A Negrete
Engineering Technician
Engineering Department
City of Calexico
549 Pierce Ave 92231
0(760) 768-2160
Ref. 73
Engineering department Letter.
67 Imperial County Air Pollution Control District Rule 800 RULE 800 GENERAL REQUIREMENTS FOR CONTROL OF FINE PARTICULATE MATTER (PM-10)
1620120/10184; Revsed 117258: Revsed 108/205; Revsed
A. General Description
B. Applicability
Control District.

C. Definitlons
For the purpose of this Regulation, the following terms are defined:

C.1 ACTIVE OPERATION: Activities capable of generating Fugitive Dust (PM- 10), İncluding but not limited to, Earthmoving Activities, Construction activitles, Unpaved Roads, Track-Out/Carry-Out, Bulk Material storage and transport, Unpaved Haul/Access Roads.
2 AGGREGATE MATERIALS: Consists of sand, Gravel, quarried. sto d/or rock fragments that are typically used in Construction. Aggregat may be natural, artificial or recycled.

C.3 ANEMOMETRS: Are devices used to measure wind speed and direction in accordance with manufacturer's performance standards, maintenance and callbration criteria.

C.4 ANNUAL AVERAGE DAILY VEHICLE TRIPS: annual average 24-hour total of all vehicles counted on a road.

Ref. 74
ICAPCD: Rule 800
800-1
68 Imperial County Air Pollution Control District Rule 800 exceeds, or is expected to exceed, the number of average daily vehicle trips per day as specified in sections F.5.c.1 and F.5.c.2 of this rule, except where measures are demonstraled by owner/operator to be prohibited by federal or state laws, regulations, approved concerning wilderness
preservation and species management and recovery.

F.5.c.1 On each day of an Off-Road Event and/or Competition that 50 average vehicle daily trips per day will occur on an unpaved road segment, the owner/operator shai
limit VDE to 20% opacity and comply with th
requirements of a stabilized unpaved road by
applicalion and/or re-application/maintenance of at
least one of the following control measures:

F.5.c.1.1 Watering:

F.5.c.1.2 Uniform layer of washed gravel;
F.5.c.1.3 Paving;
F.5.c.1.4 Restrict access;
F.5.c.1.5 Restrict speed limit at or below 15 mph;
F.5.c.1.6 Chemical/organic dust suppressants;
F.5.c.1.7 Roadmix;
F.5.c.1.8 Any other methods) that can
demonstrated that effectively limits VDE to
20% opacity and meets the conditions of a
stabilized unpaved road.

F.5.c.2 On each day of an Off-Road Event and/or Competition F.5.c.2.1 Watering:

F.5.c.2.2 Uniform layer of washed gravel;
F.5.c.2.3 Paving
F-Bc24 Restic speed isi at or below 15 mph;
F.5.c.2.6 Chemical/organic dust suppressants;
F.5c28 demonstrated that elect ly fints VDE to
20% opacity and meets the conditions of a
Ref. 75
ICAPCD: Rule 800
800-11
69 Imperial County Air Pollution Control District Rule 805 RULE 805 PAVED AND UNPAVED ROADS
(Adopted 11/0B/2005; Revised 10/16/2012)
A. Purpose
The purpose of this regulation is to reduce the amount of fine Particulate Matter (PM-10) entrained in the ambient air as a result of emissions generated from new or existing public or private Paved or Unpaved Road, road construction project, o emis modification project by requiring actions to prevent, reduce, or mitigate PMl,10 B. Applicability
This rule applies to any new or existing public or private Paved or Unpaved Road oad construction project, or road modification project
C. Definitions
The definition of terms found in Rule 800 (General Requirements for Control of Fine Particulate Matter (PM-10) shall apply to this rule.

D. Exemptions
In addition to the exemptions listed in Rule 800, Section E, the following exemptions are established for this Rule:

D.1 Paved and unpaved driveways serving one single family residential dwelling.
).2 Agricultural Operation Sites subject to Rule 806, Conservatio Management Practices
D.3 Recreational OHV Use Areas on public lands subject to Rule 800, General Requirements for Control of Fine Particulate Matter (PM-10).

Requirements
E.1 Unpaved Haul/Access Roads: No Person shall cause, suffer or allow the operation, use, or maintenance of any unpaved Haul/Access Road without omplying with one or more of the requirements of Section F.1 so as to limi /DE to 20% opacity.

Unpaved Roads: On any Unpaved Road segment with 50 or more Average Ref. 76
805-1 ICAPCD: Rule 805
70 Imperial County Air Pollution Control District Rule 805 measures implemented or that will be implemented at each Unpaved Road segment with 50 or more Average Vehicle Trips per Day. The E.7.c By July 31 of each year, 2007 through 2016, the County Pubi Norks Department shall submit to the APCD the total number o Unpaved Road miles which were mitigated during the previous fisca year, a list of the specific mitigated roads, and the percentage oi cumulative miles relative to the schedule provided pursuant to Section E.7.b. Once stabilized pursuant to Section E.7, Public Roads must comply with the requirements of a Stabilized Unpaved Road by or section Findlor maintenance of at least one of the requirements F. Best Available Control Measures for Fugitive Dust (PM-10) F.1 UNPAVED ROADS, INCLUDING UNPAVED HAUL AND ACCESS
ROADS:

F.1.a Pave.

F. 1.b Apply Chemical Stabilization as directed by product manufacturer to control dust on Unpaved Roads.
.1.c Apply and maintain Gravel, recrushed/recycled asphalt or othe material of low Silt (<5%) content to a depth of three or more inche F.1.d Wetting. Apply water one or more times daily
F.1.e Permanent road closure
F.1.f Restrict unauthorized vehicle access.

F.1.g Any other method that effectively limits VDE to 20% opacity and meets the conditions of a Stabilized Unpaved Road.

F.2 CANAL ROADS:

F.2.b Installation of remote control delivery gates to eliminate manual gate operation by maintenance personnel in vehicles along Canal Banks.

Ref. 77
805-3 ICAPCD: Rule 805
•
CLAIM

AGAINST THE

CITY OF CALEXICO
VENDOR# 11329
BUSINESS LIC# 9 2022

CHECKE RECO DEC
AMOUNTS 57,356.48
DATE: 12/08/22
PAYEE: MARCO MADRIGAL RE: REIMBURSEMENT
ADDRESS: 500 CESAR CHAVEZ BLVD. FOR ENGINEERING FEES/ADMIN CALEXICO. CA 92231 FEES (INSPECTION) PROJECT
ADDRESS: 149W. W.6TH STREET..

CALEXICO. CA 92231

EXPENSE DISTRIBUTION
ACCOUNT # AMOUNTS
10,000.00
111-30-310-44115-000 (1,016.00)
111-30-310-44115-000 (1,627.52)
111-30-310-44415-000
TOTAL 7,356.48
PLEASE PROCESS CLAIM BY 12/23/2022
APPROVED:

LILLIANA FALOMIR, PUBLIC WORKS MANAGER
PREPARED BY:

ESPERANZA COLO WARREN, CITY MANISER

SANDRA FONSECA, INTERIM FINANCE DIRECTOR
Ref. 78
(Revised: 06/2012) Reimbursement from deposit.
72 CITY OF CALEXICO
Pubita Work Department engineering Otiston

FEEDEROST FROJICT CALCULATON RECEIPT
FY 2022-2023
Septamier 20, 2022
Namo: Marco Perking
Profact Address:

PLAN CHECK FEE
Hourty Rato Houre
Departmeril Director $175.00 50.00
Plaming Manager 2141.00 50.00
8113.00 $0,00
Senior Planner
$00,00 50.00
Associne Planner
$174,00 $0.00
Paring Contract Constant Service
8127 00 $1.014.00
Associate Engeser
$103,00 $0.00
Prolact Inspector (Engincorng)
$158.00 8000
City Enginear Conrect Consultant Senices
Total $1.016.00
Encroschmant $1,827.52
BALANCE 57,385.48
Ref. 79
Reimbursement from deposit.

Prupared/asund By: IAN NEGRETE Septonber 29, 2022
73 11329
City of Calexico
Public Worke Depertment
Enginering Divirion
REQUEST & REVIEW APPLICATION FORM 6OB HEber AYELU
Calexico, CA 92231
Tel: 760.768.2100
Fax: 760.768.0854
CALEXICO [email protected]
Nase oco Madhya)
Addrss:

Adducss:

B-Mat: M)arco.n. @.ahemal.com EMa: marco purking @hakmal com CIVIL. RNGINEERING COMPANY: SOIS ENGINKERING COMPANY:

Neme
Name
Corpuay:

Compony: Addrea:

Add-ets:

City/Stene/Zip Cicy/Sute/Zip:

Terphonn: L
Telephone ( Far Number: !
Fax Number C.

E-mail:

E-Mait Stute Reprossion Number.

Srane Registeation Nouler,
& Plaue rach thür bee i/ on sme milin, o rcai shagf ropar nia umwil uf tbi bax i ner rbsstad, de nporr sill ked te red nir US Mlnd Phare check ell that apply. D Lot Menger DEPOSIT FÉE FOR DOCUMENT REVIEW O Aacson Mug D Fasl Mip
• Parcel mep • Serca/Ale (ROW) Vuitac
O Ske P'an D ReTenion to Antrap: Map
D Improvement & Grading Phin • Record of Survey $ 250.00 D Tarpoxciot: - Improvemant & Geding Plans O Let tone Adasasent D Other PROTECT TILE: Marca Parking
GENERAL LOCATION OF PROJECT / ADRESS: 1.49 ca Gth sl.

LOT Nº.(82
ASSESSOR'S FARCEL NUMBER:_.

SUNDIVISION:

BLOCK(S):

PROTECT INFORMATION:

Number of Buildinga / Urata il Applicable,
Pe to geel dl Maco Packing is a paking lot besiess. that AFFINAVIT: I dorsty intify soet aos informaies furnirhr ofare ir ancunate, iree, and sirnt to the hed af ary temsentags or betrf.

Date _
Appěcan: y Signature,
Type / Print Nemc:

Dac._.

Property Owner' e Sagnatuse:

Type / Mint Nerne:.
-Hy guing ide stow, ower rourals to the prscaing of the adou regeet by the offanent. A fither of rashurigaan fron the mour eny he sneid in su of ade erpoy ausa's egaatore. .sies foi eps ondoe soros Deperson et eposse tai aderd r i Cospo ordnesr tea, Sgper22, 209t

FOR OFFICE USC ONLY
DatE.

Rectived By: _
CRA Numbe _ Projpe the
Dere Ref. 80
Uaifoma Application Na:

Reimbursement from deposit.

ENs Ne CLX ED GA01 - Reaised 3/16
74 CITY OF CALEXICO

PUBLIC WORSE DEPARTIEIT - HIGINSES KRPARTHERT

FEDSPORT PROSED CALCULATION RECEIPT
1°Y 2019-2020
November 18, 2018
Meanes
Profest Address: T00ASI
Doscretion of Work: Grading Plens Revie Tracked hours and grag Inspectin Depost BAZOI 08201
"Bunting para na
Enginseing Permit No. 10012918-8
Beginears Construallen contestimate (1)
Oir-Sta Inorwvements
Enninesca Ahlaton Deposit Fee
(Pae Amount
Flen chock Foc Fod 1,348.00
Depostl 18,010.00
Inspector Foo
Other Enginessing Foo
(1) Engineers Construction cent Enals Pet Approved Engissare Finthunte Enclosing
tra Amount
Mamo of Frettgpas Ascount
ENO-ENCRA 117 30540 242180-000
ENd Send temperates 48111-000
30-330 43114-000 1,2407001
Engineing Feed/Admin. Poss (pan chack 10,000.00
3055
20030 44918-000
ENG-EVSP Овог
71F14500
Develosmant Impact Fens
ELIMPONGY Admiralien Foes impact feel 455 18.060 6455000 Polos Foallues (mpact eD) 736 20-210 1412-000
Fire licios (ampact FOs) -KI: 20230 44128-000
Library Facils (ampact Fen) 450 C080 44126-000
Park and Rosestos ecipins (tapact, (eo) 431 80-520
(LIM PARKS
438 40-413 44125-000

FLAMPIRCI
Saur tacles Capact Pan 31G 32125-600
Water Faalites (rapact Pes) 518 81-8f 45123-000
FEPWIR
But-Tatal Ireneet Fros
Other Reginatna Foe
223 80-000 44125-020
11245,60
Total Gollected 11,200,00
Ref. 81 1з 7049
DEL
Reimbursement from deposit.

Proper
Dovald solution No. 0%-17
*Dope arvestly I amount reaches 20%, the Director shall rec 75 ...

City of calexico
doe Hebar Avenua
Calexico, CA 90231
wn.palexico.ca.gov
760-768-2120
12/03/2019 03:56 P9
• Receipt #: 000314B1
Batch #: 00036
Operator: garcia
Naxes: 1494 GTH ST MARCO PARKING
Address: GRADING PLANS REVIEN TRACKED H
ReFN AND SITE INPECTION DEPOSIT
Cash Payment: 11,300.00
Check Payment: 0,00
Credit Card Payment: 0.00
Charpa Due: 54.00
Total Aasunt Pati: 11,246:00
111-30-310-44115-000
PLAN CK FEES/20NING 1.246.00
111-30-310-44115-000
ENG/INSPECTION FEE 10,000.00
Thank you - Have a nice day!
Ref. 82
Reimbursement from deposit.
76 " *

CIY OR CALESICO
Putite Work Departaenl-tagincortng Dinlaton
Minekito FEEDEPOST FROJICT CALCULATI! RECEPY
FY 5018-2019
Ocdobst 1, 2019
Hms MAtro Aidigr
Prajact Address: 140m ith st.

Dascaiption of Vilanh: Bayurs and fentu of Craltin Plame UA20M DF201
Bulding permit No.

Enginnaring Pentli Ma, 10012018-5
Motsc
EngIngerd Coastrucilon cont ostimsto (1)
On-eka Insproucuosnts
off-Steimprovamanis
Ottar logrado Of Ello ingusumenta
Tatals
Englosar Wulston Dopostt Feo
Fosien Pen Amount
3%
Plan chock Fes
3%
Inupaçtoy Fes DEPOSI
Otrer Enginearing Foo
(1) Engaera Consguciion cost Estinato Fer Ansoved Enginser's Estimata Englueering, Unila Ferricit Amcans
Asaaunt
Namo of Pos Darcat 11 20-310 42120-000
ENG-ENCHAI (Ercracimar: Pauntsloiar 20310 48511-000
Bale af Matt/Pubtc 1111 280.00
30k310 44114000
Ergheeron Fess/Admin, Fees (lenchack) $11
111 20-310 44516-000
HIG-INSP Epihtonng Famalkamin. Fees (aspecion) 30310 44115-03D 111 260.00
ENG-NGP Dinerl Sub-Tatal Engseering
Developm: ach Feos
433 10-000 44126-C00
PARPONGV Hominitason Fees (mnpaciPeo) 44126-000
235 20700
PLIMPPD Polke Fecisas (npael Fee) 73128-000
20200
Pea lacines ant pact rea 24126-000
230 60-810)
PLAPLE Library Facinles (krecack Paa) 60-520 44116-000 09/en 10/12/00/00 PL-MPPARKS Park and Rocranion -ec. Toa (noach se) 21
Toilto Trancoa/lstori Facilten (rpacl Feo) 231 40-493 2125-000 FLEMPIRFC 82-820 44128-000
LAPAN Sevtrcitiee dipic Fut) 44125-600
315 61-810
Waler Faditas (ronta Ece).
gab-Totol Impaci Pesa
во-беб 26325-010
ArG oic Plneo -
"Sab- álacoiner Engn
150.00
Tohai Collacted PAID
Orieneni irasal Feca Praiai a drama t o Aci sal ios Punain a renens N Tai ag 0 l Ruasi Mo 3gi .s CIT OF CRC-SKD/ Dibiaut Bocuen
Ref. 83
Reimbursement from deposit.
77 CITY OF CALEXICO

DEVELOPMENT SERVICES DEPARTMENT

FEE/DEPOSIT COLLECTION SCHEDULE
FY 2021-2022 CALEXICO
Torontointi
Name: MARCO A MADRIGAL January 3, 2023
Project Address: 149W 6TH ST
Description: STREET ABANDONMENT
Cost Center No. CRS: DR-2018 Bidg Permit No.:

Bullding
Coda Name of Fee/Deposit Fund Dapt Div Object
BD-BLDG Bulding Permits 111 30-330 42113-000
BD-DEPO Plan Check Fee/Inspections 111 30-330 44114-000 enemien BD-DEPO Plan Check Fee/Deposit 111 30-330 44114-000
BD-ELEC Electrical Permits 111 30-330 42117-000
BD-PLUM Plumbing Permits 111 30-330 42115-000 $
BD-MECH Mechanical Permits 111 30-330 42114-000
BD-FEE Registratfon Fee Abandoned Propertes 111 30-330 42116-000 3D-OTHCONST TIn Lue of Parking 111 30-330 42119-000
BO-SEIS : Seismic Fees 111 00-000 22710-200 $
BD-CODE Infractions - Code Enforcement 111 30-330 45117-000 BD-FIRE Fire Prevention Fee 111 20-250 44221-000
BO-MISC Misc. Income Fees- Copies 111 30-330 42113-000
BD-1A7a Building Penit SB 1473 17 00-000 22710-100
BD-CALLBACK After Hour/Weekend Inspection 111 30-330 51011-000 BD-REFUND DEPOSITS PAYABLE/BUILDING PERMITS 111 00-000 22710-006 (Sub-rotal
PL-ANNEX Annexation Fees 111 30-310 44116-000
BD-ZONE Planning/ Zoning Fees 44114-000 CA 69 13,772.28 111 30-310
BD-MAP Sale of Maps/Public 111 30-310 48111-000
Sub-Total 6067
PL.-IMPGNGV Administration Foes (Impact Foe) 433 10-000 44125-000 PL-ENCRH Encroachment Permits 111 30-330 42120-000
BD-DEPO Plan Check Fee/inspection 111 30-330 44114-000
PL-IMPLB Library Impact Fees 430 50-510 44125-000
PL-IMPPARKS Park & Recreation Impact Fees 431 50-520 44125-000 PL-IMPGOV Public Impact Fees 433 10-000 44125-000 60/61 PL-IMPTRFC Traffic Impact Fees 434 40-413 44125-000
Police Impact Faes 435 20-210 44125.000
Fire Impact Fees 436 20-250 44125-000
PL-IMPWW Wastewater Impact Fees 546 82-820 44125-000
PL-IMPWTR Water Impact Fees 515 81-810 44125-000
WT-WATER 513 81-810 43108-000
Arts in Public Places 223 50-000 44125-010
Other Permits/ Community Developmer 111 30-310 42119-000 [sub-Total
Total Collected 13,772.28
ELOPEZ January 3, 2023
Staff
PAID Date
Ref. 84 JAN 0 4 2023
Street abandonment payment. CITY OF CALENICO Custorer Service 10 CITY OF CALEXIC -

PLANNING COMMISSION

SPECIAL MEETING AGENDA
May 30, 2023
6:30 P.M.

Calexico City Hall
'ernando "Nene" Torres Council Chamber
608 Heber Avenue • •
• Calexico, CA 92231
Planning Commissioners
Jose HinoJosa, Vice Chairmar
se Alejos, Secreta:
arcos Dylan Castillo, Commissior City Manager
James Beaver, Commissioner Esperanza Colio Warren
AGENDA •

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA
PUBLIC COMMENTS - NON AGENDIZED ITEMS:
(Not to Exceed 3 Minutes) This is the time for the public to address the Planning Commission on Special Agenda Items only. 20005

CONSENT AGENDA

1. Approval of Planning Commission Meeting Minutes for December 19, 2022.

PUBLIC HEARINGS

2. UA 2022-25: Consider a Zone Chunge (Commercial Neighboxhood) to RA (Residential Apartments), General Plan Amendment HDR (High Density Residential) to High Density Residential, and Variance Request 523 E Cole Boulevard, Calexico, CA 92231.
a. Staff Report by: Jeorge Galvan, AICP, Contract Planner b. Open Public Hearing
c Close Public Hearing Ref. 85
•
Planning Comission Agenda.

Attachment E - Exclusive Negotiation Agreement
CITY DRAFT: SUBJECT TO REVISION

EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION. AGREEMENT (this "Agreement") is entered into on _ 2024, by and between the City of Calexico, a California Municipal Corporation ("City") and Marco Antonio Madrigal Camarena, Jr. (the "Developer"), on the terms and provisions set forth below. This Agreement supersedes any prior agreement between the parties relating to the sale and development of the "Site" (as such term is defined below).

CITY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS:

I. (8100] NEGOTIATIONS
A. [§101] Good Faith Negotiations
City and the Developer, acknowledging that time is of the essence, agree for the Negotiation Period set forth below to negotiate diligently and in good faith:

The terms and conditions pursuant to which City will dispose of and the Developer will acquire and develop a certain +/- 0.50-acre portion of real property (the "Site"). The Site is more. particularly described in Exhibit A, "Description of Site," attached hereto and incorporated herein by reference, which legal description will be reconfirmed as part of the "DDA" (as defined below), and is shown on the "Map of the Site" attached hereto as Exhibit B and incorporated herein by reference. Except as provided below, City agrees, for the period set forth below, not to negotiate with any other person or entity regarding the purchase and development of the Site or any portion thereof.

Among the issues to be addressed during the Negotiation Period, as defined in §102 are:
(1) the terms and conditions of conveyance of the Site to Developer, (2) sale price for the Site; (3) design and aesthetic considerations of the development of the Site, including but not limited to contiguration of the development, site density, site circulation and access to surrounding properties; (4) all planning and land entitlement processes and requirements; (5) all permitting and environmental reviews and processes.

B. [§1021 Duration of this Agreement; Effective Date
This Agreement shall expire on November 12, 2024 (the "Negotiation Period"), unless earlier terminated by the Developer or City pursuant to its express rights hereunder.

The City Manager may, in their sole discretion, agree to extend the Negotiation Period in their discretion for up to sixty (60) days to allow additional time to reach agreement on the issues described in §101, as well as any other relevant issues (the "Extension Period").

In the event the Developer has not continued to negotiate diligently and in good faith, City shall give written notice thereof to the Developer who shall then have ten (10) -1-
CITY DRAFT: SUBJECT TO REVISION
working days to commence negotiating in good faith. Following the receipt of such notice and the failure of the Developer to thereafter commence negotiating in good faith within such ten (10) working days, this Agreement may be terminated by City.

This Agreement may be superseded upon mutual approval and execution of a disposition and development agreement with respect to the Site (the "DDA").

C. [$103] Deposit
None
II. [$200] DEVELOPMENT CONCEPT
[S201] Scope of Development
The negotiations hereunder shall be based on a development concept that shall include the development on the Site for various uses.

Not later than October 14, 2024, the Developer shall do the following:
- Perform its own due diligence on the Site
- Perform a Site appraisal.

B. [8202] Developer's Findings, Determinations Studies and Reports Upon reasonable notice, as from time-to-time requested by City, the Developer agrees to make oral (by telephone) and written progress reports advising City on all third party investigations being made by the Developer in connection the acquisition and development of the Site, but expressly excluding any attorney-client work product. In the event City and Developer do not enter into a DDA, with the exception of attorney-client work product, City may request that the Developer submit to City copies of all third party studies and reports prepared for the Developer with respect to the proposed development of the Site to the extent the Developer is legally and contractually permitted to do so and the Developer isn't required to incur any additional cost in connection with such delivery. The studies and reports delivered to City pursuant to the foregoing will be provided without representation or warranty of any kind and without any right of City to use or rely upon the same; provided, however, City may request from the preparers of any such reports or studies, at City's sole cost and expense, the right to the use and benefit from all such studies and reports.

Ill. [§300] SALE OF THE SITE
The sale price and/or other consideration to be paid by the Developer for the Site under the DDA will be determined based on the appraised fair market value of the Site. Once the appraisal is completed, City and Developer will agree on a final price and terms and discuss the approval process and timing, including reimbursement of City costs of the approvals related to the Site and -2-
CITY DRAFT: SUBJECT TO REVISION
related transactional documents, which will be reflected in the DDA, City application, City Cost Reimbursement Agreement and the adopted policies and fee schedule of the City.

Upon agreement on a purchase price, City will negotiate, in good faith, the DDA binding the parties and identifying the conditions precedent to the close of escrow, which DDA will address approval of all discretionary entitlements, all planning and building administrative approvals, project financing commitments and construction contracts for development of the Site.

In order to enter into a binding commitment, all required CEQA compliance, will need to be completed for the proposed project entitlements and transactional documents at the Developer's expense.

IV. [$400] THE DEVELOPER
A. [$401] Office of the Developer
The principal office of the Developer is:
149W6th. St. Calexico. CA 92231.

B. 18402] Partners of the Developer
The general partner of the Developer is:

None
The limited partners of the Developer are:

None
[8403] Full Disclosure
The Developer has made disclosure to City of its general partner and limited partners. The Developer shall notify City Manager of any significant change (i.e., a transfer of more than 10% directly or indirectly) in ownership of the Developer. In the event of a significant change in the ownership of Developer, City may elect to terminate this Agreement by delivering written notice of such election to the Developer no later than 5 days following receipt of notice from the Developer of a significant ownership change. Notwithstanding the foregoing, the Developer reserves the right, at its discretion, to join and associate with other entities, joint ventures, partnerships or otherwise for the purpose of developing the Site, provided that the Developer retains management and control over the project and remains fully responsible to City hereunder.

V. [$500] FINANCING
A. [8501] Full Disclosure
-3-
CITY DRAFT: SUBJECT TO REVISION
The Developer will be required to make and maintain full disclosure to City of its methods of financing to be used in the acquisition and development of the Site.

VI. [§600] CITY'S RESPONSIBILITIES
A. [8601] City Assistance and Cooperation
City shall cooperate fully in providing the Developer with appropriate information and assistance for development of the Site, including, but not limited to the following:
- Provide copy of existing relevant documents
- City to provide Developer right of access to property for due diligence investigations as set forth in Exhibit C attached hereto an incorporated herein by reference
Without limitation on the foregoing, until the earlier of the termination of this Agreement and the end of the Negotiation Period, the Developer and its consultants may enter the Property at any time to perform customary due diligence investigations including preparing an ALTA survey, conducting Phase I environmental investigations, preparing soils study, etc.; provided, however, any access to the existing improvements or the conducting of intrusive physical testing will be coordinated with City in advance and subject to a Right of Entry Agreement.

B. [§602] City and City Council's Public Hearing
A DDA resulting from the negotiations hereunder shall become effective only after and if the DDA has been considered and approved by City at public hearings called for such purpose.

VII. [§700] REAL ESTATE COMMISSIONS
Subject to the following, City shall not be liable for any real estate commissions or brokerage fees which may arise herefrom. City represents to the Developer that City has not engaged any broker, salesman or finder (collectively, a "broker") in connection with the transactions contemplated by this Agreement and agrees to indemnify, save, defend and hold Tenant harmless for, from and against any claim for compensation by a broker employed, engaged or claiming to have been employed or engaged by City.

VIlI. I$800] LIMITATIONS OF THIS AGREEMENT
By its execution of this Agreement, City is not committing itself to or agreeing to undertake: (1) sale of land; or (2) any other acts or activities requiring the subsequent independent exercise of discretion by City or any department thereof.

This Agreement does not constitute a disposition of property or exercise of control over property by City. Execution of this Agreement by City is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and -4-
CITY DRAFT: SUBJECT TO REVISION
approval by City as to any Disposition and Development Agreement and all land decisions in connection therewith.
[signatures continue on next page]
-5-
CITY DRAFT: SUBJECT TO REVISION
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the Execution Date.
"CITY" CITY OF CALEXICO, CA
a California Municipal Corporation
By:

Name:

Title: City Manager
Attest:

By:

Name:

Title: City Clerk
Approved as to Form:

BEST BEST & KRIEGER
By:

Name: Carlos Campos
Title City Attorney
"DEVELOPER"
Name: Marco Antonio Madrigal Camarena Jr.

Title: Owner
-6-

EXHIBIT A

DESCRIPTION OF THE SITE
A PORTION OF 6TH STREET, TOWNSITE OF CALEXICO, IN THE CITY OF CALEXICO, COUNTY OF IMPERIAL, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 911, ON FILE IN BOOK 1, PAGE 14 OF OFFICIAL MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAN DIEGO, A COPY OF SAID MAP BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF BLOCK 32 OF SAID MAP NO. 911, WHICH IS THE TRUE POINT OF BEGINNING (POB);
THENCE WEST 257.80 FEET ALONG THE NORTH LINE OF SAID BLOCK 32 TO THE

EASTERLY LINE OF THE SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY AS SHOWN ON SAID MAP NO. 911;

THENCE EXTENDING NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY, 84.50 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF LOT 15 OF BLOCK 20 OF SAID MAP NO. 911; THENCE EAST 285.00 FEET ALONG THE SOUTH LINE OF SAID BLOCK 20 TO THE SOUTHEASTERLY CORNER OF LOT 10 OF BLOCK 20 OF SAID MAP NO. 911; THENCE SOUTH 80.00 FEET ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 10 OF BLOCK 20 OF SAID MAP NO. 911 TO THE TRUE POINT OF BEGINNING.

THE ABOVE LAND DESCRIBED AREA CONTAINS 21,712 SQ. FT. (0.50 AC.), MORE OR LESS.

SUBJECT TO ALL COVENANTS, EASEMENTS, AND AGREEMENTS OF RECORDS.

SHOWN ON EXHIBIT "B" ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF.
65242.00001\42562797.1

EXHIBIT B

MAP OF THE SITE
EXHIBIT "B"
ABANDONMENT OF A PORTION OF 6th STREET
5 2 1115
AVENUE
BIK
123 B0' RAY 16 17
(10) 11 •PER 041. 17
50 30* L30'
205.00
6th FER CU7-7E
Г ТРОН
257.00
50 50 5D 50"*
107,00
ISCALE 1=100
EMERSON 14
568"
10 : 16 17
LEGEND:

RIGHT OF WAY LINE
- LOT LINE
IGHT OF WAY WADTH PER AMP NO. 911, ON FILE

HE DEFICE OF COUNTY RECORDER OF IMPERIA
COUNTY (OM 1-14).

NOTE:

AREA TO BE ABANDONMENT: 21,712 S.F. (0.50 AG.), MORE OR LESS.

PAGE 1 OF 1
65242.00001142562797.1

EXHIBIT C

RIGHT OF ENTRY
From and after the date of the Agreement, Developer may enter upon the Site until the termination of this Agreement to conduct any investigation, test, study or analysis related to the development thereof. Devcloper shall exercise due care, follow best commercial practices in connection with such entry and testing, and shall comply with all laws, ordinances, rules, regulations, orders and the like in connection with any entry onto or testing of the Site.

Prior to any entry onto the Site, Developer shall obtain and maintain, and shall require that policy of comprehensive liability insurance, including Site damage, which will insure City, City and their respective officers, members, employees and agents against liability for injury to persons, damage to Site, and death of any person arising in connection with Developer or its Agents entry upon the Site and/or conducting of tests or studies thereon. The policy shall be approved as to form and insurance (including approval of the insurance company by the City, and shall be in an amount not less than One Million Dollars ($1,000,000).

Developer shall provide City with a certificate for any insurance policy required hereunder, including an endorsement, if reasonably available, that states that the policy will not be cancelled except after thirty (30) days' notice in writing to City and names the additional insureds as required herein. Developer shall provide City with evidence of such insurance coverage prior to any entry onto the Site by Developer or its Agents.

Following any such tests or studies, Developer shall leave the Site in substantially similar condition as of the date of this Agreement, and Developer shall indemnify, defend and hold harmless City and their respective officers, members, employees and agents from and against any liabilities, claims, damages (including injury or damage to person or Site), losses, costs, expenses and fees (including reasonable attorneys' and experts' fees and costs) to the extent resulting from the entry, inspections and studies conducted by Developer and its Agents on, under, or about the Site, except that Developer shall have no liability, and no obligation to remedy, any liabilities, claims, damages, costs, expenses, fees, conditions or defects on or under the Site to the extent (i) not caused by Developer or its Agents, (ii) resulting from any conditions or defects discovered during Developer's investigations and inspections, including the discovery of any Hazardous Materials and the results or findings of any tests, or (iii) to the extent resulting from the acts or omissions of City, or City's agents, engineers, contractors, consultants and representatives.

Without limiting the foregoing, Developer shall have no liability for any diminution in the value of the Site resulting from the activities excluded in (ii) above, provided in the event Developer or its Agents discover any toxic or Hazardous Materials on or under the Site, Developer and its Agents shall cease any further investigation in that area of the Site, notify City by phone and email within twenty forty-cight (48) hours of that discovery, exercise reasonable due care so as not to exacerbate that condition and properly dispose of any soils samples which contain such toxic or Hazardous Materials. The foregoing indemnity shall survive beyond the Closing, or, if the sale is not consummated, beyond the termination of this Agreement. 65242 00001\42562797.1