Clovis City Council
January 8, 2024

ORDER NO. : 1411025441

EXHIBIT A
The land referred to is situated in the unincorporated area of the County of Fresno, State of California, and is described as follows:

Parcel 4 of Parcel Map No. 1772, according to the Map thereof recorded in Book 11, Page 53 of Parcel Maps, Fresno County Records;
EXCEPTING THEREFROM an undivided on-half interest in and to all oil, gas and/or minerals therein and thereunder, together with the right at all times to enter on the above described lands and take all the usual, necessary or convenient means to bore wells, make excavations and to remove all the oil, gas and/or minerals therein reserved, and found thereon, as excepted and reserved in the Deed from Bank of America National Trust and Savings Association, to T.L.

Harper, dated February 6, 1936, recorded February 20, 1936 in Book 1473, Page 243 of Official Records, Document No. 4809;
EXCEPTING THEREFROM that portion granted to the Fresno Metropolitan Flood Control District by Order of Condemnation, Case Number 404831-0, Superior Court of California, County of Fresno, more particularly described as follows:

That portion of Parcel 1 of Parcel Map No. 3443, according to the Map thereof recorded in Book 26 at Page 88 of Parcel Maps, Fresno County Records, that portion of Parcel 1 of Parcel Map No. 3447, according to the Map thereof recorded in Book 26 at Page 87 of Parcel Maps, Fresno County Records, and that portion of Parcels 3 and 4 of Parcel Map No. 1772, according to the Map thereof recorded in Book 11 at Page 53 of Parcel Maps, Fresno County Records, in the Northeast Quarter of Section 20, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, particularly described as follows:

Beginning at the Northeast corner of the Northeast Quarter of said Section 20; thence South 0° 44’ 37” East along the East line of the Northeast Quarter of said Section 20 a distance of 2191.34 feet to the point of intersection thereof with a line which is parallel with and 455.92 feet North of, measured at right angles thereto, the South line of the Northeast Quarter of said Section 20; thence South 89° 21’ 07” West along said parallel line a distance of 2078.02 feet to the point of intersection thereof with the West line of Parcel 4 of Parcel Map No. 1772; thence North 0° 59’ 00” West along the West line of Parcel 4 of Parcel Map No. 1772 and the West line of Parcel 1 of said Parcel Map No. 3443 a distance of 1635.71 feet to the Northwest corner of Parcel 1 of said Parcel Map No. 3443; thence North 89° 20’ 30” East along the North line of Parcel 1 of said Parcel Map No. 3443 and the North line of Parcel 1 of said Parcel Map No. 3447 a distance of 1317.44 feet to the Northeast corner of Parcel 1 of said Parcel Map No. 3447, said corner also being a point on the West line of Parcel 3 of said Parcel Map No. 1772; thence North 0° 51’ 48” West along the West line of Parcel 3 of said Parcel Map No. 1772 and the Northerly prolongation of said West line a distance of 556.50 feet to the point of intersection thereof with the North line of the Northeast Quarter of said Section 20; thence North 89° 22’ 30 East along said North line a distance of 768.59 feet to the point of beginning. 153
AGENDA ITEM NO. 14.

EXCEPTING THEREFROM the remaining undivided one-half interest in and to all oil, gas, minerals, and other hydrocarbon substances lying below a depth of 500 feet beneath the surface of said land without the right of surface entry.

APN: 556-040-23
154
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached

ORT 3158-A (Rev. 08/07/08)
7451 North Remington Ave. #102
Fresno, CA 93711
(559) 440-9249 Fax: (559) 447-1643

PRELIMINARY REPORT

CITY OF CLOVIS
1033 FIFTH STREET
CLOVIS, CA 93612
Attention: RYAN BURNETT
Buyer:

CITY OF CLOVIS
Property Address:

Our Order Number 1411025441-GR
When Replying Please Contact:

Gaile Rock
(559) 440-9249
9385 North Sunnyside Avenue, Clovis, CA 93611
[Unincorporated area of Fresno County]
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY, as issuing Agent of Old Republic National Title Insurance Company, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit I attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the Homeowner’s Policy of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit I. Copies of the Policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit I of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

Dated as of March 29, 2022, at 8:00 AM
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AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025441-GR

ORT 3158-B
The form of policy of title insurance contemplated by this report is:

CLTA Standard Coverage Policy -1990; AND ALTA Loan Policy - 2006. A specific request should be made if another form or additional coverage is desired.

The estate or interest in the land hereinafter described or referred or covered by this Report is:

Fee
Title to said estate or interest at the date hereof is vested in:

Patrick Vincent Ricchiuti, as Trustee of the Patrick Vincent Ricchiuti Family Trust Dated May 17, 1985, a undivided 49.87% interest and Frances Ricchiuti, Successor Trustee of the Pat and Frances Ricchiuti Charitable Trust, dated April 5, 1995 as to an undivided 50.13% interest The land referred to in this Report is situated in the unincorporated area of the County of Fresno, State of California, and is described as follows:

Parcel 4 of Parcel Map No. 1772, according to the Map thereof recorded in Book 11, Page 53 of Parcel Maps, Fresno County Records;
EXCEPTING THEREFROM an undivided on-half interest in and to all oil, gas and/or minerals therein and thereunder, together with the right at all times to enter on the above described lands and take all the usual, necessary or convenient means to bore wells, make excavations and to remove all the oil, gas and/or minerals therein reserved, and found thereon, as excepted and reserved in the Deed from Bank of America National Trust and Savings Association, to T.L. Harper, dated February 6, 1936, recorded February 20, 1936 in Book 1473, Page 243 of Official Records, Document No. 4809;
EXCEPTING THEREFROM that portion granted to the Fresno Metropolitan Flood Control District by Order of Condemnation, Case Number 404831-0, Superior Court of California, County of Fresno, more particularly described as follows:

That portion of Parcel 1 of Parcel Map No. 3443, according to the Map thereof recorded in Book 26 at Page 88 of Parcel Maps, Fresno County Records, that portion of Parcel 1 of Parcel Map No. 3447, according to the Map thereof recorded in Book 26 at Page 87 of Parcel Maps, Fresno County Records, and that portion of Parcels 3 and 4 of Parcel Map No. 1772, according to the Map thereof recorded in Book 11 at Page 53 of Parcel Maps, Fresno County Records, in the Northeast Quarter of Section 20, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, particularly described as follows:

Beginning at the Northeast corner of the Northeast Quarter of said Section 20; thence South 0° 44’ 37” East along the East line of the Northeast Quarter of said Section 20 a distance of 2191.34 feet to the point of intersection thereof with a line which is parallel with and 455.92 feet North of, measured at right angles thereto, the South line of the Northeast Quarter of said Section 20; thence South 89° 21’ 07” West along said parallel line a distance of 2078.02 feet to the point of intersection thereof with the West line of Parcel 4 of Parcel Map No. 1772; thence North 0° 59’ 00” West along the West line of Parcel 4 of Parcel Map No. 1772 and the West line of Parcel 1 of said Parcel Map No. 3443 a distance of 1635.71 feet to the Northwest corner of Parcel 1 of said Parcel Map No. 3443; thence North 89° 20’ 30” East along the North line of Parcel 1 of said Parcel Map No. 3443 and the North line of Parcel 1 of said Parcel Map No. 3447 a distance of 1317.44 feet to the Northeast corner of Parcel 1 of said Parcel Map No. 3447, said corner also being a point on the West line of Parcel 3 of said Parcel Map No. 1772; thence North 0° 51’ 48” West along the West line of Parcel 3 of said 156
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025441-GR

ORT 3158-B
Parcel Map No. 1772 and the Northerly prolongation of said West line a distance of 556.50 feet to the point of intersection thereof with the North line of the Northeast Quarter of said Section 20; thence North 89° 22’ 30 East along said North line a distance of 768.59 feet to the point of beginning.

EXCEPTING THEREFROM the remaining undivided one-half interest in and to all oil, gas, minerals, and other hydrocarbon substances lying below a depth of 500 feet beneath the surface of said land without the right of surface entry.

APN: 556-040-23
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows:

1. Taxes and assessments, general and special, for the fiscal year 2022 - 2023, a lien, but not yet due or payable.

2. Taxes and assessments, general and special, for the fiscal year 2021 - 2022, as follows:

Assessor's Parcel No : 556-040-23-S
Code No. : 076-045
1st Installment : $17,859.53 Marked Paid
2nd Installment : $17,859.53 Marked Paid
Land Value : $2,946,640.00

3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California.

4. Assessment No. 6805 for Fresno Metropolitan Flood Control District payable with the real property taxes.

5. Said land lies within the Fresno Metropolitan Flood Control District and is subject to Drainage Fees and/or Requirements to Construct Planned Local Drainage Facilities, as disclosed by instrument:

Entitled : Resolution No. 1816 – The Board of Directors of the Fresno Metropolitan Flood Control District
By : The Board of Directors of the Fresno Metropolitan Flood Control District Recorded : July 31, 1995 as Series Number 95092128
Returned to
Address
: 5469 E. Olive Avenue, Fresno, CA 92727
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AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025441-GR

ORT 3158-B

6. Water rights, claims or title to water, whether or not shown by the public records.

An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the Patent, and/or acts authorizing the issuance thereof.

For : Ditches and Reservoirs

7. Affects : Not disclosed of record

8. Rights of the public, County and/or City, in and to that portion of said land lying within the lines of North Sunnyside Avenue.

9. Matters as contained or referred to in an instrument, Entitled : Agreement for Delivery and Acceptance of Fill Material and Grant of Exclusive Easement
Executed By : James Lawrence McKoane, III and Barbara Ann McKoane, Co- Trustees, et al
Dated : October 2, 2001
Recorded : October 23, 2001 in Official Records under Recorder's Serial Number 2001-0155458
Note: Reference is made to said instrument for full particulars.

10. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following
Instrument : Easement Deed
Granted To : Pacific Gas and Electric company, a California corporation For : Utilities
Dated : March 9, 2015
Recorded : May 22, 2015 in Official Records under Recorder's Serial Number 2015-0063358
Affects : The Easterly portion
Upon the terms and conditions contained therein.
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AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025441-GR

ORT 3158-B

11. Terms and conditions contained in the Ricchiuti Charitable Trust as disclosed by Grant Deed.

Dated : March 19, 2018
Recorded April 3, 2018 in Official Records under Recorder's Serial Number 2018-0038645
The requirement that:

A Certification of Trust be furnished in accordance with Probate Code Section 18100.5; and If the acting trustee is a successor trustee the additional requirement the Company is provided a complete copy of the trust, with all amendments and any intervening trustee is no longer acting in that capacity by providing copies of resignation letters, etc.

The Company reserves the right to make additional exceptions and/or requirements upon review of the above.

12. Terms and conditions contained in the Patrick Vincent Ricchiuti Family Trust as disclosed by Grant Deed.

Dated : November 12, 2019
Recorded December 5, 2019 in Official Records under Recorder's Serial Number 2019-0146843
The requirement that:

A Certification of Trust be furnished in accordance with Probate Code Section 18100.5; and If the acting trustee is a successor trustee the additional requirement the Company is provided a complete copy of the trust, with all amendments and any intervening trustee is no longer acting in that capacity by providing copies of resignation letters, etc.

The Company reserves the right to make additional exceptions and/or requirements upon review of the above.

13. Any unrecorded and subsisting leases.

14. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
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AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025441-GR

ORT 3158-B

15. The requirement that this Company be provided with an opportunity to inspect the land (the Company reserves the right to make additional exceptions and/or requirements upon completion of its inspection).

16. The requirement that this Company be provided with a suitable Owner's Declaration (form ORT 174). The Company reserves the right to make additional exceptions and/or requirements upon review of the Owner's Declaration.
-------------------- Informational Notes ------------------- A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears to be section(s) 1.1 and 2.1.

The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy:

NONE
NOTE: Our investigation has been completed and there is located on said land vacant land known as 9485 North Sunnyside Avenue, Clovis, CA 93619.

The ALTA loan policy, when issued, will contain the CLTA 100 Endorsement and 116 series Endorsement.

Unless shown elsewhere in the body of this report, there appear of record no transfers or agreements to transfer the land described herein within the last three years prior to the date hereof, except as follows:

B.

C. GRANT DEED executed by Alta Terreno, INC., a California Corporation to Patrick Vincent Ricchiuti, as Trustee of the Patrick Vincent Ricchiuti Family Trust Dated May 17, 1985 recorded December 5, 2019 in Official Records under Recorder's Serial Number 2019- 0146843.
160
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025441-GR

ORT 3158-B
Grant Deed executed by DG Investments LLC, a California Limited Liability Company to Frances Ricchiuti, Successor Trustee of the Pat and Frances Ricchiuti Charitable Trust, dated April 5, 1995 as to an undivided 50.13% interest and Alta Terreno, Inc. a California corporation as to an undivided 49.87% interest recorded April 3, 2018 in Official Records under Recorder's Serial Number 2018-0038645.

O.N.
161
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025441-GR

ORT 3158-B
NOTE:

The following statement is deemed attached as a coversheet to any declaration, governing document, or deed identified in the above exceptions:

If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a “Restrictive Covenant Modification” form, together with a copy of the attached document with the unlawful provision redacted to the county recorder’s office. The “Restrictive Covenant Modification” form can be obtained from the county recorder’s office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.

Information for processing a “Restrictive Covenant Modification” form:

1. Print a complete copy of the document in question. Strike out what you believe to be unlawful restrictive language in the document.

2. Print and complete the “Restrictive Covenant Modification” (“RCM”) form. Note that the signature on the form must be acknowledged by a notary public or other qualified officer.

3. Submit the completed RCM form and the document with your strike-outs to the County Clerk-Recorder’s Office for the county where the property is located. No fee is required for this service.

4. The County Clerk-Recorder’s Office will forward the RCM form and the document with your strike-outs to the Office of the County Counsel, who will determine whether the document contains any unlawful restrictions.

5. The Office of the County Counsel will return the RCM form and the document with your strike-outs to the County Clerk-Recorder’s Office along with its determination. If approved, a Deputy County Counsel will sign the RCM, and the County Clerk-Recorder’s Office will record, image and index it. If the Office of the County Counsel determines that the document does not contain an unlawful restriction, the County Clerk-Recorder’s Office will not record the RCM.

6. The approved RCM will be returned to the submitter by mail.

The “Restrictive Covenant Modification” form is linked below:

Restrictive Covenant Modification form
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AGENDA ITEM NO. 14.

Exhibit I
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 (11/09/18)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses which arise by reason of:

1. (a) Any law, ordinance, or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions, or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or
(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing-business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE

SCHEDULE B - PART I
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees, or expenses which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy. 163
AGENDA ITEM NO. 14.

Exhibit I
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE (06/17/06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE

SCHEDULE B - PART I
Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees, or expenses that arise by reason of:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy. 164
AGENDA ITEM NO. 14.

FACTS WHAT DOES OLD REPUBLIC TITLE
DO WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us t o tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
• Social Security number and employment information
• Mortgage rates and payments and account balances
• Checking account information and wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice.

How?
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the re asons Old Republic Title chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information
Does Old
Republic Title
share?
Can you limit this
sharing?
For our everyday business purposes — such as to process your transactions, maintain your account(s), or respond to court orders and legal investigations, or report to credit bureaus
Yes No
For our marketing purposes —
to offer our products and services to you No We don’t share For joint marketing with other financial companies No We don’t share For our affiliates’ everyday business purposes —
information about your transactions and experiences Yes No For our affiliates’ everyday business purposes —
information about your creditworthiness No We don’t share For our affiliates to market to you No We don’t share
For non-affiliates to market to you No We don’t share
Go to www.oldrepublictitle.com (Contact Us)
165
AGENDA ITEM NO. 14.

Who we are
Who is providing this notice? Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates.

What we do
How does Old Republic Title
protect my personal
information?
To protect your personal information from unauthorized access and use, we use se curity measures that comply with federal law. These measures include computer safeguards and secured files and buildings. For more information, visit https://www.oldrepublictitle.com/privacy-policy
How does Old Republic Title
collect my personal information?
We collect your personal information, for example, when you:
• Give us your contact information or show your driver’slicense • Show your government-issued ID or provide your mortgage information • Make a wire transfer
We also collect your personal informati on from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing? Federal law gives you the right to limit only:
• Sharingfor affiliates’everydaybusinesspurposes- information aboutyour creditworthiness
• Affiliates from using your information to market toyou • Sharing for non-affiliates to market toyou
State laws and individual companies may give you additional rights to limit sharing. See the State Privacy Rights section location at https://www.oldrepublictitle.com/privacy- policy for your rights under state law.

Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
• Our affiliates in clude companies with an Old Republic Title name, and financial companies such as Attorneys’ Title Fund Services, LLC, Lex Terrae National Title Services, Inc., Mississippi Valley Title Services Company, and The Title Company of North Carolina.

Non-affiliates Companies not related by common ownership or control. They can be financial and non - financial companies.
• Old Republic Title does not share with non-affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you.
• Old Republic Title doesn’t jointlymarket.
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AGENDA ITEM NO. 14.

Affiliates Who May be Delivering This Notice
American First Title
& Trust Company
American Guaranty
Title Insurance
Company
Attorneys' Title Fund
Services, LLC
Compass Abstract, Inc. eRecording Partners
Network, LLC
Genesis Abstract, LLC Guardian Consumer
Services, Inc.
iMarc, Inc. Kansas City
Management Group,
LLC
L.T. Service Corp.

Lenders Inspection
Company
Lex Terrae National
Title Services, Inc.

Lex Terrae, Ltd. Mississippi Valley Title
Services Company
National Title Agent's
Services Company
Old Republic Branch
Information Services,
Inc.

Old Republic
Diversified Services,
Inc.

Old Republic Escrow
of Vancouver, Inc.

Old Republic Exchange
Company
Old Republic National
Ancillary Services, Inc.

Old Republic
National Commercial
Title Services, Inc.

Old Republic Title
and Escrow of
Hawaii, Ltd.

Old Republic National
Title Insurance
Company
Old Republic Title
Company
Old Republic Title
Companies, Inc.

Old Republic Title
Company of Conroe
Old Republic Title
Company of Indiana
Old Republic Title
Company of Nevada
Old Republic Title
Company of Oklahoma
Old Republic Title
Company of Oregon
Old Republic Title
Company of St. Louis
Old Republic Title
Company of
Tennessee
Old Republic Title
Information Concepts
Old Republic Title
Insurance Agency, Inc.

Old Republic Title, Ltd.

RamQuest Software,
Inc.

Republic Abstract &
Settlement, LLC
Sentry Abstract
Company
Surety Title Agency,
Inc.

The Title Company of
North Carolina
Trident Land Transfer
Company, LLC
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AGENDA ITEM NO. 14.
2 Updated: January 1, 2021
Privacy Notice for California Consumers
This Privacy Notice for California Consumers supplements the information contained in the Master Privacy Notice for Old Republic Title and applies to consumers that reside in the State of California.

The terms used in this Privacy Notice have the same meaning as the terms defined in the California Consumer Privacy Act (“CCPA”).

What Personal Information We Collect
In accordance with the CCPA, personal information is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include:

Information outside the scope of the CCPA such as:
• Health or medical information covered by the Health Insurance Portability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA). • Personal Information covered by the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994,
• Publicly available information that is available from federal, state, or local government records, and
• De-identified or aggregated consumer information.

Please see the chart below to learn what categories of personal information we may have collected about California consumers within the preceding twelve months, the sources of and business purposes for that collection and the third parties with whom the information is shared, if any.

Category Examples Collected Sources Business Purpose for Collection
Categories of
Third Parties
with Whom
Information
is Shared
Identifiers Real name, alias,
postal address,
unique personal
identifier, online
identifier, Internet
protocol address,
email address,
account name, social
security number,
driver’s license
number, passport
number or other
similar identifiers
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints,
detecting security
incidents,
protecting against
malicious,
Service
providers
associated
with the
transaction for
a business
purpose
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AGENDA ITEM NO. 14.
2 deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Personal
information
described in
California
Customer
Records
statute (Cal.

Civ. Code §
1798.80(e))
Name, signature,
social security
number, physical
characteristics or
description, address,
telephone number,
passport number,
driver’s license or
state identification
card number,
insurance policy
number, education,
employment,
employment history,
bank account
number, credit card
number, debit card
number, or any other
financial information,
medical information,
or health insurance
information.
“Personal
information” does
not include publicly
available information
that is lawfully made
available to the
general public from
federal, state, or local
government records.

Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints,
detecting security
incidents,
protecting against
malicious,
deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Service
providers
associated
with the
transaction for
a business
purpose
Characteristics
of protected
classifications
under
California or
federal law
Age (40 years or
older), race, color,
ancestry, national
origin, citizenship,
religions or creed,
marital status,
medical condition,
physical or mental
disability, sex
(including gender,
gender identity,
gender expression,
pregnancy or
childbirth and related
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints. Other
audit or
operational
purposes.

Service
providers
associated
with the
transaction for
a business
purpose
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2 medical conditions),
sexual orientation,
veteran or military
status, or genetic
information
(including familial
genetic information).

Internet or
other
electronic
network
activity
Browsing history,
search history,
information about a
consumer’s
interaction with a
website, application,
or advertisement.

Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
To provide access
to certain online
services. To
understand the
interests of visitors
to our online
services, to
support certain
features of our
site, for navigation
and to display
certain features
more effectively.

Detecting security
incidents,
protecting against
malicious,
deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Not Disclosed
Geolocation
data
Geographic tracking
data, physical
location and
movements
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
To provide access
to certain online
services. To
understand the
interests of visitors
to our online
services, to
support certain
features of our
site, for navigation
and to display
certain features
more effectively.

Other audit or
operational
purposes.

Not Disclosed
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2 What Personal Information We Share and Why We Share It The CCPA requires us to tell you what categories of personal information we “sell” or “disclose.” We do not sell and will not sell your personal information as that term is commonly understood. We also do not sell and will not sell your personal information, including the personal information of persons under 16 years of age, as that term is defined by the CCPA. When it is necessary for a business purpose, we share or disclose your personal information with a service provider, and we enter a contract with the service provider that limits how the information may be used and requires the service provider to protect the confidentiality of the information.

In the preceding twelve months, we have disclosed the following categories of personal information for the following business purposes. Where the personal information is shared with third parties, as that term is defined in the CCPA, the category of the third party is indicated.

Category Examples Business Purpose for
Disclosure
Categories of
Third Parties
with Whom
Information is
Shared
Identifiers Real name, alias, postal address,
unique personal identifier, online
identifier, internet protocol address,
email address, account name, social
security number, driver’s license
number, passport number or other
similar identifiers
Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints, detecting
security incidents, protecting
against malicious, deceptive,
fraudulent, or illegal activity.

Other audit or operational
purposes.

Service
providers
associated with
the transaction
for a business
purpose
Personal
information
described in
California
Customer
Records
statute (Cal.

Civ. Code §
1798.80(e))
Name, signature, social security
number, physical characteristics or
description, address, telephone
number, passport number, driver’s
license or state identification card
number, insurance policy number,
education, employment, employment
history, bank account number, credit
card number, debit card number, or
any other financial information,
medical information, or health
insurance information. “Personal
information” does not include publicly
available information that is lawfully
made available to the general public
from federal, state, or local
government records.

Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints, detecting
security incidents, protecting
against malicious, deceptive,
fraudulent, or illegal activity.

Other audit or operational
purposes.

Service
providers
associated with
the transaction
for a business
purpose
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2 Characteristics
of protected
classifications
under
California or
federal law
Age (40 years or older), race, color,
ancestry, national origin, citizenship,
religions or creed, marital status,
medical condition, physical or mental
disability, sex (including gender,
gender identity, gender expression,
pregnancy or childbirth and related
medical conditions), sexual
orientation, veteran or military status,
or genetic information (including
familial genetic information).

Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints. Other
audit or operational purposes.

Service
providers
associated with
the transaction
for a business
purpose
Internet or
other
electronic
network
activity
Browsing history, search history,
information about a consumer’s
interaction with a website, application,
or advertisement.

To provide access to certain
online services. To understand
the interests of visitors to our
online services, to support
certain features of our site, for
navigation and to display certain
features more effectively.

Detecting security incidents,
protecting against malicious,
deceptive, fraudulent, or illegal
activity. Other audit or
operational purposes.

Not Disclosed
Geolocation
data
Geographic tracking data, physical
location and movements
To provide access to certain
online services. To understand
the interests of visitors to our
online services, to support
certain features of our site, for
navigation and to display certain
features more effectively. Other
audit or operational purposes.

Not Disclosed
We may also transfer to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business.

Your Rights and Choices
The CCPA provides California consumers with certain rights regarding their personal information. This chart describes those rights and certain limitations to those rights.

Right What This Means
Notice At or before the time your personal information is collected, you will be given written notice of the categories of personal information to be collected and the purposes for which the categories of personal information will be used.

Access At your verifiable request, but no more than twice in a twelve month period, we shall disclose to you: 1) the categories of personal information we have collected about you, 2) the 172 AGENDA ITEM NO. 14.
2 categories of sources for the personal information we collected about you, 3) our business and commercial purpose for collecting or selling your personal information, 4) the categories of third parties with whom we share your personal information, 5) The specific pieces of information we have collected about you, 6) the categories of personal information disclosed for a business purpose, and
7) If we sold personal information, the categories of personal information sold and the categories of third parties to whom it was sold.

Deletion You have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies. We may deny your request if retention of the information is necessary for us or our service providers to:
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. • Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et seq.)
• Engage in public or peer reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• Or if it is the type of personal information that falls outside the scope of the CCPA, (HIPAA, CIMA, GLBA, or publicly available information)
Opt-Out of Sale
Opt-In to Sale
With some limitations, you may direct a business that sells personal information to third parties not to sell the personal information to these third parties.

A business may not sell the personal information of persons less than sixteen years of age without their affirmative consent, and in the case of those less than thirteen years of age, the consent must come from a parent.

Non-Discrimination We will not discriminate against you for exercising your rights under the CCPA. Unless otherwise permitted by the CCPA we will not:
• Deny you goods or service
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
• Provide a different level or quality of goods or services • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services
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AGENDA ITEM NO. 14.
2 To Exercise Your Rights
To Opt-out of the Sale of Your Personal Information
The CCPA gives consumers the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information. We do not sell and will not sell your personal information as that term is commonly understood. We also do not sell and will not sell your personal information, as that term is defined by the CCPA.

To Request Access to or Deletion of Your Personal Information To exercise your access or deletion rights described above, please submit a verifiable consumer request to us by either: Calling us at 1-855-557-8437 or contacting us through our website CCPA Consumer Request.

Only you or your representative that you authorize to act on your behalf (Authorized Agent) can make a verifiable consumer request for your personal information. You may also make a request for your minor child. The verifiable request must provide enough information that allows us to reasonably verify you are the person about whom we collected personal information. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and to confirm the personal information relates to you.

We work to respond to a verifiable consumer request within 45 days of its receipt. If we require additional time, we will inform you of the extension period (up to an additional 45 days), and the reason for the extension in writing. If you have an account with us, we will deliver our response to that account. If you do not have an account with us, we will deliver our response by mail or electronically, depending on your preference. The response we provide will also explain any reasons why we cannot comply with a request.

You may only make a consumer request for access twice within a twelve-month period.

Any disclosures we provide will apply to the twelve-month period preceding the consumer request’s receipt.

Contact Us
If you have any questions regarding our Privacy Notice or practices, please contact us via phone at 1- 855-557-8437 or send your written request to: [email protected], or Old Republic Title c/o CCPA Consumer Request Group, 275 Battery Street, Suite1500, San Francisco, CA 94111-3334. 174
AGENDA ITEM NO. 14.
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REAL PROPERTYPURCHASEAND SALE AGREEMENT AND

JOINT ESCROW INSTRUCTIONS
This Real Property Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is entered into·as of __________ _, 2024 ("Effective Date") by and between the City of Clovis, a California municipal corporation ("Buyer") and P.R. Farms, Incorporated, A California Corporation ("Seller") pursuant to the following recitals:

RECITALS:

A. Seller owns certain real property located at APN: 556-010-39, within the City of Clovis, County of Fresno, State of California.

B. Buyer desires to acquire 75,714 square foot portion of the real property, more particularly identified below, for right-of-way purposes and related uses in connection with street improvements along Herndon Avenue (the ''Project"); and C. Seller is willing to sell a 75,714 square foot portion of the real property to Buyer under the terms and conditions of this Agreement; and
D. Buyer and Seller have agreed to Buyer's purchase of the 75,714 square foot portion of the real property by means of this Agreement and the recordation of a grant deed.

NOW THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer agree as follows:

AGREEMENT:

1. The Property. Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase;arid acquire from Seller, subject to the terms and conditions set forth herein, that certain real property consisting of a 75,714 square foot portion of the real property located in Fresno County, in the City of Clovis, California, Fresno County Assessor's Parcel No. 556-010-39 as more particularly described and depicted in Exhibit "A" and "B" attached hereto and incorporated herein, along with all improvements thereon, all easements, licenses, and interests appurtenant thereto, and all entitlements, owned or held by Seller in connection therewith (collectively, the "Property'').

2. Purchase Price. The total purchase price to be paid by Buyer to Seller for the Property shall be Five Hundred and Eight Thousand and Two Hundred Dollars ($508,200.00) ("Purchase Price''). This sum includes compensation for the value of the Property ($500,500.00), Trees - 36 ($7 2200) !!!!! Irrigation Lines ($500). As provided herein, Buyer shall pay the Purchase Price by depositing funds into the escrow in time to meet the Title Company's requirements for immediately available funds at close of escrow. Note: Final purchase price is a rounded figure. Individual line items will not add up to listed purchase price.

3. Acquisition of Property under Threat of Eminent Domain. Seller acknowledges that Buyer has the power, subject to various legal requirements, to acquire the Property by eminent domain. Seller and Buyer stipulate and agree that the Compensation includes the fair market value of the Property and is just compensation for the Property to which Seller would be entitled under Chapter 9 of the California Eminent Domain Law (Code of Civil Procedure§ 1263.010, et seq.) or otherwise connected with or arising out of I
Purchase Agreement - Site 10
Attachment D
Attachment 4
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AGENDA ITEM NO. 14.
mail, postage prepaid, and addressed to the relevant party at the address set forth below.

To Seller: To Buyer:

P.R. Fanns, Incorporated, A California
Corporation
Attn: Patrick Ricchiuti
2917 E. Shepherd Ave.

Clovis, CA 93619
City of Clovis
Planning and Development Services
Department
Attn: City Engineer
1033 Fifth Street
Clovis, CA 936 I 2
9 .3 Entire Agreement. This Agreement is the entire agreement between Seller and Buyer regarding the purchase and sale of the Property, and supersedes all prior discussions, negotiations, commitments or understandings, written or oral. Each Exhibit referred.to in this Agreement is by that reference incorporated into and made a part of this Agreement.

9.4 Amendment or Termination. This Agreement may only be amended or terminated by mutual written consent of the Seller and Buyer, unless otherwise expressly provided herein.

9.5 Successors and Assigns. This Agreement is binding upon and shall inure to the benefi't of each party, and each party's heirs, successors, assigns, transferees, agents, employee�. or representatives. The Buyer may assign this agreement and its rights hereunder. •.

9.6 Time of the Essence. Time is of the essence of each term in this Agreement.

9. 7 Governing Law. This Agreement and the legal relations between the parties shaU - be governed by and construed according to California law.

9.8 Authority. Each person executing this Agreement on behalf of any party does hereby personally represent and warrant that he or she has the authority to execute this Agreement on behalf of and fully bind such party.

9.9 Waiver. Any party's waiver of a breach of any provision herein will not be a continuing waiver or a waiver of any subsequent breach of that or any other provision of this Agreement.

9.10 Severability. The provisions of this Agreement are severable. The invalidity,. or unenforceabi1ity of any provision in this Agreement will not affect the other provisions. 9 .11 Inter.pretation. This Agreement is the result of the combined efforts of the parties. If any provision of this Agreement is found ambiguous, the ambiguity will not be resolved by construing this Agreement in favor or against any party, but by construing the terms according to their generally accepted meaning.

9. 12 Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures of the parties may appear on separate signature pages. Facsimile or photocopy signatures shall be deemed original signatures for all purposes. f
,.
·.•
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AGENDA ITEM NO. 14.
.. '
WHEREFORE, Buyer and Seller, by their signatures below, enter into this Agreement effective on the Effective Date set forth above.

BUYER:

City of Clovis
By: __________ _
John Holt, City Manager
Date: --------
SELLER:

P.R. Farms, Incorporated, A California
Corporation
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AGENDA ITEM NO. 14.

ORDER NO. : 1411025442

EXHIBIT A
The land referred to is situated in the unincorporated area of the County of Fresno, State of California, and is described as follows:

The Northwest quarter of the Northwest quarter of Section 19, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, according to the United States Township Plats; EXCEPTING THEREFROM that portion of the Northwest quarter of said Section 19, lying within the following described Parcel:

Beginning at a point 1366.5 feet South 01° 05' 23" East of the Northwest corner of the Northwest quarter of said Section 19, and running North 88° 30' 47" East, a distance of 1414.73 feet to the middle of the Northwest quarter of said Section 19, thence North 01° 06' 58" West, along the middle North and South line of the Northwest quarter of said Section 19, a distance of 133.30 feet, thence; South 88° 30' 47" West to the West line of said Section 19; thence South 01° 05' 23" East along the West line of Section 19, a distance of 133.30 feet to the point of beginning;
ALSO EXCEPTING THEREFROM that portion of the Northwest quarter of Section 19, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof, pursuant to Certificate of Waiver of Parcel Map No. 04-05 recorded as Instrument No. 0641568, and being more particularly described as follows:

Beginning at the Northwest corner of said Section 19, thence South 01° 05' 17" West, along the West line of said Section 19, a distance of 616.10 feet; thence North 90° 00' 00" East, parallel with the North line of said Section 19, a distance of 1414.60 feet to the middle North & South line of the Northwest quarter of said Section 19; thence North 01° 06' 55" West, along the middle North & South line of the Northwest quarter of said Section 19, a distance of 616.10 feet to the North line of said Section 19; thence North 90° 00' 00" West, along the North line of said Section 19, a distance of 1414.31 feet to the point of beginning.

Also Excepting Therefrom that portion of land lying within the property described above and conveyed to the City of Clovis, a California municipal corporation for public street and utility purposes as described in the Grant Deed recorded July 2, 2019 in Official Records under Recorder's Serial Number 2019-0072571, and more particularly described as follows:

That portion of the Northwest Quarter of the Northwest Quarter of Section 19, Township 12 South, Range 21 East, Mount Diablo Basa and Meridian according tothe official plat thereof described as follows:

BEGINNING at the Northwest Corner of said Section 1.9; thence South 88°39'32" East along the North Line of the Northwest Quarter of Section 19, a distance of 140.77 feet; thence South 1°20'28" West, a distance of 30.00 feet to a point lying 30.00 feet south of said North Line; thence South 45°43'44" West, a distance of 38.48 feet to a point lying:5.7.50 feet south of said North Line; thence North 88°39'32" West and parallel with said North Line, a distance of12.36 feet; thence South 45°43'44" West, a distance of 37.70 feet to a point lying 73.50 feet East of the West Line of said Section 19; thence South 0°15'05" 187
AGENDA ITEM NO. 14.

West and parallel with said West Line, a distance of 143.44 feet; thence South 7°21'10" West, a distance of 56.62 feet to a point lying 66.50 feet East of said West Line; thence. South 0°15'05" West and parallel with said West Line, a distance of 99.53 feet; thence South 1°02'21" West, a distance of 327,30 feet to 4 point lying 62.00. feet East of said West Line; thence South 0°15'05" West and parallel with said West Line, a distance of 520.48 feet to a point on the North Line of the property described as Parcel B in the
Grant Deed to Helen Esther Steinhauer recorded March 5, 1997 as Document No. 97030707, Official Records Fresno County; thence South 89°51'12" West along said North Line, a distance of 62.00 feet to a point on the West Line of said Section 19; thence North 0°15'05" East along said West Line, a distance of 123320 feet to thePoint of Beginning.

APN: 556-010-39
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AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached

ORT 3158-A (Rev. 08/07/08)
7451 North Remington Ave. #102
Fresno, CA 93711
(559) 440-9249 Fax: (559) 447-1643

PRELIMINARY REPORT

CITY OF CLOVIS
, CA
Buyer:

City of Clovis
Property Address:

Our Order Number 1411025442-GR
When Replying Please Contact:

Gaile Rock
(559) 440-9249
9788 North Willow Avenue, Clovis, CA 93611
[Unincorporated area of Fresno County]
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY, as issuing Agent of Old Republic National Title Insurance Company, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit I attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the Homeowner’s Policy of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit I. Copies of the Policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit I of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

Dated as of April 1, 2022, at 8:00 AM
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OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B
The form of policy of title insurance contemplated by this report is:

CLTA Standard Coverage Policy - 1990. A specific request should be made if another form or additional coverage is desired.

The estate or interest in the land hereinafter described or referred or covered by this Report is:

Fee
Title to said estate or interest at the date hereof is vested in:

P.R. Farms, Incorporated, a California Corporation
The land referred to in this Report is situated in the unincorporated area of the County of Fresno, State of California, and is described as follows:

The Northwest quarter of the Northwest quarter of Section 19, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, according to the United States Township Plats; EXCEPTING THEREFROM that portion of the Northwest quarter of said Section 19, lying within the following described Parcel:

Beginning at a point 1366.5 feet South 01° 05' 23" East of the Northwest corner of the Northwest quarter of said Section 19, and running North 88° 30' 47" East, a distance of 1414.73 feet to the middle of the Northwest quarter of said Section 19, thence North 01° 06' 58" West, along the middle North and South line of the Northwest quarter of said Section 19, a distance of 133.30 feet, thence; South 88° 30' 47" West to the West line of said Section 19; thence South 01° 05' 23" East along the West line of Section 19, a distance of 133.30 feet to the point of beginning;
ALSO EXCEPTING THEREFROM that portion of the Northwest quarter of Section 19, Township 12 South, Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the Official Plat thereof, pursuant to Certificate of Waiver of Parcel Map No. 04-05 recorded as Instrument No. 06- 41568, and being more particularly described as follows:

Beginning at the Northwest corner of said Section 19, thence South 01° 05' 17" West, along the West line of said Section 19, a distance of 616.10 feet; thence North 90° 00' 00" East, parallel with the North line of said Section 19, a distance of 1414.60 feet to the middle North & South line of the Northwest quarter of said Section 19; thence North 01° 06' 55" West, along the middle North & South line of the Northwest quarter of said Section 19, a distance of 616.10 feet to the North line of said Section 19; thence North 90° 00' 00" West, along the North line of said Section 19, a distance of 1414.31 feet to the point of beginning.

Also Excepting Therefrom that portion of land lying within the property described above and conveyed to the City of Clovis, a California municipal corporation for public street and utility purposes as described in the Grant Deed recorded July 2, 2019 in Official Records under Recorder's Serial Number 2019-0072571, and more particularly described as follows:

That portion of the Northwest Quarter of the Northwest Quarter of Section 19, Township 12 South, Range 21 East, Mount Diablo Basa and Meridian according to the official plat thereof described as follows:

BEGINNING at the Northwest Corner of said Section 1.9; thence South 88°39'32" East along the North Line of the Northwest Quarter of Section 19, a distance of 140.77 feet; thence South 1°20'28" West, a distance of 30.00 feet to a 190
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B
point lying 30.00 feet south of said North Line; thence South 45°43'44" West, a distance of 38.48 feet to a point lying:5.7.50 feet south of said North Line; thence North 88°39'32" West and parallel with said North Line, a distance of

12.36 feet; thence South 45°43'44" West, a distance of 37.70 feet to a point lying 73.50 feet East of the West Line of said Section 19; thence South 0°15'05" West and parallel with said West Line, a distance of 143.44 feet; thence South 7°21'10" West, a distance of 56.62 feet to a point lying 66.50 feet East of said West Line; thence. South 0°15'05" West and parallel with said West Line, a distance of 99.53 feet; thence South 1°02'21" West, a distance of 327,30 feet to 4 point lying 62.00. feet East of said West Line; thence South 0°15'05" West and parallel with said West Line, a distance of 520.48 feet to a point on the North Line of the property described as Parcel B in the Grant Deed to Helen Esther Steinhauer recorded March 5, 1997 as Document No. 97030707, Official Records Fresno County; thence South 89°51'12" West along said North Line, a distance of 62.00 feet to a point on the West Line of said Section 19; thence North 0°15'05" East along said West Line, a distance of 123320 feet to thePoint of Beginning.

APN: 556-010-39
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows:

1. Taxes and assessments, general and special, for the fiscal year 2022 - 2023, a lien, but not yet due or payable.

2. Taxes and assessments, general and special, for the fiscal year 2021 - 2022, as follows:

Assessor's Parcel No : 556-010-39
Code No. : 076-052
1st Installment : $13,547.47 Marked Paid
2nd Installment : $13,547.47 Delinquent
Penalty : $1,364.73
Land Value : $2,041,777.00
Imp. Value : $78,500.00
NOTE: Owing to the volume of payments received by the County Tax Collector at this time, the taxes may have been paid, but do not show as paid on the tax roll.

3. Supplemental taxes, general and special, for the fiscal year 2020 - 2021 as follows:

Assessor's Parcel No. : 556-010-39
1st Installment : $42.74 Marked Paid
All Due & Payable on : December 9, 2021
2nd Installment : $42.74 Marked Paid
All Due & Payable on : December 9, 2021
191
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B

4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California.

5. Said land lies within the Fresno Metropolitan Flood Control District and is subject to Drainage Fees and/or Requirements to Construct Planned Local Drainage Facilities, as disclosed by instrument:

Entitled : Resolution No. 1816 – The Board of Directors of the Fresno Metropolitan Flood Control District
By : The Board of Directors of the Fresno Metropolitan Flood Control District Recorded : July 31, 1995 as Series Number 95092128
Returned to
Address
: 5469 E. Olive Avenue, Fresno, CA 92727

6. Assessment No. 6805 for Fresno Metropolitan Flood Control District payable with the real property taxes.

7. Regulations, levies, liens, and assessments, if any, of Fresno Irrigation District.

8. Water rights, claims or title to water, whether or not shown by the public records.

9. Rights of the public, County and/or City, in and to that portion of said land lying within the lines of North Willow Avenue.

10. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following
Instrument : Easement
Granted To : County of Fresno
For : Public road and incidental purposes
Recorded : January 5, 1881 in Book T of Deeds, Page 560 Affects : As described therein

11. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following
Instrument : Easement
For : roads and water ditches and incidental purposes
Recorded : October 10, 1899 in Book 229 of Deeds, Page 475 Affects : Exact location cannot be determined
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AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B
And recorded October 15, 1902 in Book 273 of Deeds, Page 376 .

The present ownership of said easement and other matters affecting the interests thereto, if any, are not shown herein.

12. The fact that a portion of said property lies within the precise plan lines, which affect the Record of Surveys for Chestnut-Willow and Friant Road as provided in Serial No. 37 of Ordinance No. 3807 (Master Plan Ordinance) of the City of Fresno, California, recorded April 11, 1962 in Book 22, Pages 17 to 50, of Record of Surveys.

13. Williamson Act – Land Conservation contract, as follows:

City/County : County of Fresno
Landowner : The Testamentary Trust of Oscar Steinhauer, Deceased Recorded : February 26, 1970 in Book 5764 of Official Records, Page 215 under Recorder's Serial Number 13570
Contract/File No : Not shown
NOTE: In connection therewith, a document as follows:

Entitled : Notice of Non-Renewal
By : Fresno County
Recorded : August 15, 2013 in Official Records under Recorder's Serial Number 2013-0116361
Offer of Dedication in an instrument,
Entitled : Irrevocable Offer of Conveyance (Easement)
To : The County of Fresno
For : A future Public Road

14. Recorded : February 21, 2006 in Official Records under Recorder's Serial Number 2006-0036625
193
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B

15. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof,
Amount : $10,705,000.00
Trustor/Borrower : P.R. Farms, Incorporated, a California Corporation, as to Parcels 1, 11, and 12
Trustee : Central Valley Community Bank, a California Corporation Beneficiary/Lender : Central Valley Community Bank, a California Corporation Dated : June 8, 2016
Recorded : June 24, 2016 in Official Records under Recorder's Serial Number 2016-0081788-00
And as modified by instrument, recorded July 22, 2016 in Official Records under Recorder's Serial Number 2016-0094992
And as modified by instrument, recorded August 22, 2016 in Official Records under Recorder's Serial Number 2016-0110139
And as modified by instrument, recorded April 7, 2017 in Official Records under Recorder's Serial Number 2017-0043620-00
NOTE: In connection therewith, the following:

Document
Entitled : Partial Reconveyance
Recorded : January 31, 2019 in Official Records under Recorder's Serial Number 2019-0010299
Upon receipt of evidence satisfactory to this Company that the indebtedness and/or obligations secured by said Deed of Trust have been satisfied, or that the property in question is no longer to be security for said indebtedness or obligations, we will supplement our report accordingly.

NOTE: Partial Reconveyance(s) recorded as follows:

Recorded : July 2, 2019 in Official Records under Recorder's Serial Number 2019-0072569
Affecting : A portion of APN: 556-010-39 and other property 194
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B

16. Matters as contained or referred to in an instrument, Entitled : Hazardous Substances Certificate and Indemnity Agreement Recorded : June 24, 2016 in Official Records under Recorder's Serial Number 2016-0081790-00
Affects this and other property.

17. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof,
Amount : $10,000,000.00
Trustor/Borrower : P.R. Farms, Incorporated, a California Corporation, as to Parcels 1, 11, and 12
Trustee : Central Valley Community Bank, a California Corporation Beneficiary/Lender : Central Valley Community Bank, a California Corporation Dated : June 8, 2016
Recorded : June 24, 2016 in Official Records under Recorder's Serial Number 2016-0081789-00
Affects this and other property.

And as modified by instrument, recorded April 7, 2017 in Official Records under Recorder's Serial Number 2017-0043621-00
NOTE: Said Deed of Trust appears to secure a Revolving Line or Equity Line of Credit. If this loan is to be paid off and reconveyed through this transaction, the Company will require a written statement from the Beneficiary/Lender that a freeze is in effect on the account, and that the demand for payoff from the Beneficiary/Lender states that a reconveyance will be issued upon payment of the amounts shown therein.

The Beneficiary/Lender may be assisted in freezing this account by receiving a creditline freeze authorization letter signed by the Trustor/Borrower/Seller with the request for payoff demand. A sample copy of a typical such letter is available from the Company upon request.
195
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B
NOTE: Partial Reconveyance(s) recorded as follows:

Recorded : July 2, 2019 in Official Records under Recorder's Serial Number 2019-0072570
Affecting : A Portion of APN: 556-010-39 and other property

18. Matters as contained or referred to in an instrument, Entitled : Hazardous Substances Certificate and Indemnity Agreement Recorded : June 24, 2016 in Official Records under Recorder's Serial Number 2016-0081791-00
Affects this and other property.

19. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

20. Any unrecorded and subsisting leases.

21. The requirement that the Company be provided with a copy of the "rent roll" and “tenant estoppel certificates” for its review.

The Company may have different and/or additional requirements after its review.

22. The requirement that this Company be provided with an opportunity to inspect the land (the Company reserves the right to make additional exceptions and/or requirements upon completion of its inspection).

23. The requirement that this Company be provided with a suitable Owner's Declaration (form ORT 174). The Company reserves the right to make additional exceptions and/or requirements upon review of the Owner's Declaration.
196
AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B
Satisfactory evidence furnished to this Company:
(a) as to the due formation and continued existence of P.R. Farms, Incorporated, a California Corporation as a legal entity under the laws of California; and

24. (b) documents from its board of directors authorizing this transaction and specifying the officers to execute on behalf of the corporation.
-------------------- Informational Notes ------------------- A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears to be section(s) 1.1 & 2.1.

The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy:

NONE
NOTE: Our investigation has been completed and said land is unimproved. Said vacant land is known as: 9788 North Willow Avenue Clovis, CA 93611 The ALTA loan policy, when issued, will contain the CLTA Modified 100 (TIM-52) and Modified 116 (TIM-58) endorsements. The referenced modifications to both endorsements delete only non-applicable coverage relating to improvements located upon said land.

B.

Unless shown elsewhere in the body of this report, there appears of record no transfers or agreements to transfer the land described herein within the last three years prior to the date hereof, except as follows:

NOTE: The last recorded transfer or agreement to transfer the land described herein is as follows:

Instrument
Entitled : Grant Deed
By/From : Donna Fontaine
To : P.R. Farms, Incorporated, a California corporation C.

Recorded : August 7, 2015 in Official Records under Recorder's Serial Number 2015-0101434
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AGENDA ITEM NO. 14.

OLD REPUBLIC TITLE COMPANY
ORDER NO. 1411025442-GR

ORT 3158-B
NOTE:

The following statement is deemed attached as a coversheet to any declaration, governing document, or deed identified in the above exceptions:

If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a “Restrictive Covenant Modification” form, together with a copy of the attached document with the unlawful provision redacted to the county recorder’s office. The “Restrictive Covenant Modification” form can be obtained from the county recorder’s office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.

Information for processing a “Restrictive Covenant Modification” form:

1. Print a complete copy of the document in question. Strike out what you believe to be unlawful restrictive language in the document.

2. Print and complete the “Restrictive Covenant Modification” (“RCM”) form. Note that the signature on the form must be acknowledged by a notary public or other qualified officer.

3. Submit the completed RCM form and the document with your strike-outs to the County Clerk-Recorder’s Office for the county where the property is located. No fee is required for this service.

4. The County Clerk-Recorder’s Office will forward the RCM form and the document with your strike-outs to the Office of the County Counsel, who will determine whether the document contains any unlawful restrictions.

5. The Office of the County Counsel will return the RCM form and the document with your strike-outs to the County Clerk-Recorder’s Office along with its determination. If approved, a Deputy County Counsel will sign the RCM, and the County Clerk-Recorder’s Office will record, image and index it. If the Office of the County Counsel determines that the document does not contain an unlawful restriction, the County Clerk-Recorder’s Office will not record the RCM.

6. The approved RCM will be returned to the submitter by mail.

The “Restrictive Covenant Modification” form is linked below:

Restrictive Covenant Modification form
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AGENDA ITEM NO. 14.

Exhibit I
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 (11/09/18)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses which arise by reason of:

1. (a) Any law, ordinance, or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions, or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or
(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing-business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE

SCHEDULE B - PART I
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees, or expenses which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy. 199
AGENDA ITEM NO. 14.

FACTS WHAT DOES OLD REPUBLIC TITLE
DO WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us t o tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
• Social Security number and employment information
• Mortgage rates and payments and account balances
• Checking account information and wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice.

How?
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the re asons Old Republic Title chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information
Does Old
Republic Title
share?
Can you limit this
sharing?
For our everyday business purposes — such as to process your transactions, maintain your account(s), or respond to court orders and legal investigations, or report to credit bureaus
Yes No
For our marketing purposes —
to offer our products and services to you No We don’t share For joint marketing with other financial companies No We don’t share For our affiliates’ everyday business purposes —
information about your transactions and experiences Yes No For our affiliates’ everyday business purposes —
information about your creditworthiness No We don’t share For our affiliates to market to you No We don’t share
For non-affiliates to market to you No We don’t share
Go to www.oldrepublictitle.com (Contact Us)
200
AGENDA ITEM NO. 14.

Who we are
Who is providing this notice? Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates.

What we do
How does Old Republic Title
protect my personal
information?
To protect your personal information from unauthorized access and use, we use se curity measures that comply with federal law. These measures include computer safeguards and secured files and buildings. For more information, visit https://www.oldrepublictitle.com/privacy-policy
How does Old Republic Title
collect my personal information?
We collect your personal information, for example, when you:
• Give us your contact information or show your driver’slicense • Show your government-issued ID or provide your mortgage information • Make a wire transfer
We also collect your personal informati on from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing? Federal law gives you the right to limit only:
• Sharingfor affiliates’everydaybusinesspurposes- information aboutyour creditworthiness
• Affiliates from using your information to market toyou • Sharing for non-affiliates to market toyou
State laws and individual companies may give you additional rights to limit sharing. See the State Privacy Rights section location at https://www.oldrepublictitle.com/privacy- policy for your rights under state law.

Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
• Our affiliates in clude companies with an Old Republic Title name, and financial companies such as Attorneys’ Title Fund Services, LLC, Lex Terrae National Title Services, Inc., Mississippi Valley Title Services Company, and The Title Company of North Carolina.

Non-affiliates Companies not related by common ownership or control. They can be financial and non - financial companies.
• Old Republic Title does not share with non-affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you.
• Old Republic Title doesn’t jointlymarket.
201
AGENDA ITEM NO. 14.

Affiliates Who May be Delivering This Notice
American First Title
& Trust Company
American Guaranty
Title Insurance
Company
Attorneys' Title Fund
Services, LLC
Compass Abstract, Inc. eRecording Partners
Network, LLC
Genesis Abstract, LLC Guardian Consumer
Services, Inc.
iMarc, Inc. Kansas City
Management Group,
LLC
L.T. Service Corp.

Lenders Inspection
Company
Lex Terrae National
Title Services, Inc.

Lex Terrae, Ltd. Mississippi Valley Title
Services Company
National Title Agent's
Services Company
Old Republic Branch
Information Services,
Inc.

Old Republic
Diversified Services,
Inc.

Old Republic Escrow
of Vancouver, Inc.

Old Republic Exchange
Company
Old Republic National
Ancillary Services, Inc.

Old Republic
National Commercial
Title Services, Inc.

Old Republic Title
and Escrow of
Hawaii, Ltd.

Old Republic National
Title Insurance
Company
Old Republic Title
Company
Old Republic Title
Companies, Inc.

Old Republic Title
Company of Conroe
Old Republic Title
Company of Indiana
Old Republic Title
Company of Nevada
Old Republic Title
Company of Oklahoma
Old Republic Title
Company of Oregon
Old Republic Title
Company of St. Louis
Old Republic Title
Company of
Tennessee
Old Republic Title
Information Concepts
Old Republic Title
Insurance Agency, Inc.

Old Republic Title, Ltd.

RamQuest Software,
Inc.

Republic Abstract &
Settlement, LLC
Sentry Abstract
Company
Surety Title Agency,
Inc.

The Title Company of
North Carolina
Trident Land Transfer
Company, LLC
202
AGENDA ITEM NO. 14.
2 Updated: January 1, 2021
Privacy Notice for California Consumers
This Privacy Notice for California Consumers supplements the information contained in the Master Privacy Notice for Old Republic Title and applies to consumers that reside in the State of California.

The terms used in this Privacy Notice have the same meaning as the terms defined in the California Consumer Privacy Act (“CCPA”).

What Personal Information We Collect
In accordance with the CCPA, personal information is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include:

Information outside the scope of the CCPA such as:
• Health or medical information covered by the Health Insurance Portability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA). • Personal Information covered by the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994,
• Publicly available information that is available from federal, state, or local government records, and
• De-identified or aggregated consumer information.

Please see the chart below to learn what categories of personal information we may have collected about California consumers within the preceding twelve months, the sources of and business purposes for that collection and the third parties with whom the information is shared, if any.

Category Examples Collected Sources Business Purpose for Collection
Categories of
Third Parties
with Whom
Information
is Shared
Identifiers Real name, alias,
postal address,
unique personal
identifier, online
identifier, Internet
protocol address,
email address,
account name, social
security number,
driver’s license
number, passport
number or other
similar identifiers
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints,
detecting security
incidents,
protecting against
malicious,
Service
providers
associated
with the
transaction for
a business
purpose
203
AGENDA ITEM NO. 14.
2 deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Personal
information
described in
California
Customer
Records
statute (Cal.

Civ. Code §
1798.80(e))
Name, signature,
social security
number, physical
characteristics or
description, address,
telephone number,
passport number,
driver’s license or
state identification
card number,
insurance policy
number, education,
employment,
employment history,
bank account
number, credit card
number, debit card
number, or any other
financial information,
medical information,
or health insurance
information.
“Personal
information” does
not include publicly
available information
that is lawfully made
available to the
general public from
federal, state, or local
government records.

Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints,
detecting security
incidents,
protecting against
malicious,
deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Service
providers
associated
with the
transaction for
a business
purpose
Characteristics
of protected
classifications
under
California or
federal law
Age (40 years or
older), race, color,
ancestry, national
origin, citizenship,
religions or creed,
marital status,
medical condition,
physical or mental
disability, sex
(including gender,
gender identity,
gender expression,
pregnancy or
childbirth and related
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
Underwriting or
providing other
products or
services,
responding to
policyholder/consu
mer claims,
inquiries or
complaints. Other
audit or
operational
purposes.

Service
providers
associated
with the
transaction for
a business
purpose
204
AGENDA ITEM NO. 14.
2 medical conditions),
sexual orientation,
veteran or military
status, or genetic
information
(including familial
genetic information).

Internet or
other
electronic
network
activity
Browsing history,
search history,
information about a
consumer’s
interaction with a
website, application,
or advertisement.

Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
To provide access
to certain online
services. To
understand the
interests of visitors
to our online
services, to
support certain
features of our
site, for navigation
and to display
certain features
more effectively.

Detecting security
incidents,
protecting against
malicious,
deceptive,
fraudulent, or
illegal activity.

Other audit or
operational
purposes.

Not Disclosed
Geolocation
data
Geographic tracking
data, physical
location and
movements
Yes Consumers,
Lenders,
Brokers,
Attorneys,
Real Estate
Agents, and
Title Agents
associated
with the
transaction
To provide access
to certain online
services. To
understand the
interests of visitors
to our online
services, to
support certain
features of our
site, for navigation
and to display
certain features
more effectively.

Other audit or
operational
purposes.

Not Disclosed
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2 What Personal Information We Share and Why We Share It The CCPA requires us to tell you what categories of personal information we “sell” or “disclose.” We do not sell and will not sell your personal information as that term is commonly understood. We also do not sell and will not sell your personal information, including the personal information of persons under 16 years of age, as that term is defined by the CCPA. When it is necessary for a business purpose, we share or disclose your personal information with a service provider, and we enter a contract with the service provider that limits how the information may be used and requires the service provider to protect the confidentiality of the information.

In the preceding twelve months, we have disclosed the following categories of personal information for the following business purposes. Where the personal information is shared with third parties, as that term is defined in the CCPA, the category of the third party is indicated.

Category Examples Business Purpose for
Disclosure
Categories of
Third Parties
with Whom
Information is
Shared
Identifiers Real name, alias, postal address,
unique personal identifier, online
identifier, internet protocol address,
email address, account name, social
security number, driver’s license
number, passport number or other
similar identifiers
Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints, detecting
security incidents, protecting
against malicious, deceptive,
fraudulent, or illegal activity.

Other audit or operational
purposes.

Service
providers
associated with
the transaction
for a business
purpose
Personal
information
described in
California
Customer
Records
statute (Cal.

Civ. Code §
1798.80(e))
Name, signature, social security
number, physical characteristics or
description, address, telephone
number, passport number, driver’s
license or state identification card
number, insurance policy number,
education, employment, employment
history, bank account number, credit
card number, debit card number, or
any other financial information,
medical information, or health
insurance information. “Personal
information” does not include publicly
available information that is lawfully
made available to the general public
from federal, state, or local
government records.

Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints, detecting
security incidents, protecting
against malicious, deceptive,
fraudulent, or illegal activity.

Other audit or operational
purposes.

Service
providers
associated with
the transaction
for a business
purpose
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2 Characteristics
of protected
classifications
under
California or
federal law
Age (40 years or older), race, color,
ancestry, national origin, citizenship,
religions or creed, marital status,
medical condition, physical or mental
disability, sex (including gender,
gender identity, gender expression,
pregnancy or childbirth and related
medical conditions), sexual
orientation, veteran or military status,
or genetic information (including
familial genetic information).

Underwriting or providing other
products or services, responding
to policyholder/consumer claims,
inquiries or complaints. Other
audit or operational purposes.

Service
providers
associated with
the transaction
for a business
purpose
Internet or
other
electronic
network
activity
Browsing history, search history,
information about a consumer’s
interaction with a website, application,
or advertisement.

To provide access to certain
online services. To understand
the interests of visitors to our
online services, to support
certain features of our site, for
navigation and to display certain
features more effectively.

Detecting security incidents,
protecting against malicious,
deceptive, fraudulent, or illegal
activity. Other audit or
operational purposes.

Not Disclosed
Geolocation
data
Geographic tracking data, physical
location and movements
To provide access to certain
online services. To understand
the interests of visitors to our
online services, to support
certain features of our site, for
navigation and to display certain
features more effectively. Other
audit or operational purposes.

Not Disclosed
We may also transfer to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business.

Your Rights and Choices
The CCPA provides California consumers with certain rights regarding their personal information. This chart describes those rights and certain limitations to those rights.

Right What This Means
Notice At or before the time your personal information is collected, you will be given written notice of the categories of personal information to be collected and the purposes for which the categories of personal information will be used.

Access At your verifiable request, but no more than twice in a twelve month period, we shall disclose to you: 1) the categories of personal information we have collected about you, 2) the 207 AGENDA ITEM NO. 14.
2 categories of sources for the personal information we collected about you, 3) our business and commercial purpose for collecting or selling your personal information, 4) the categories of third parties with whom we share your personal information, 5) The specific pieces of information we have collected about you, 6) the categories of personal information disclosed for a business purpose, and
7) If we sold personal information, the categories of personal information sold and the categories of third parties to whom it was sold.

Deletion You have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies. We may deny your request if retention of the information is necessary for us or our service providers to:
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. • Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et seq.)
• Engage in public or peer reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• Or if it is the type of personal information that falls outside the scope of the CCPA, (HIPAA, CIMA, GLBA, or publicly available information)
Opt-Out of Sale
Opt-In to Sale
With some limitations, you may direct a business that sells personal information to third parties not to sell the personal information to these third parties.

A business may not sell the personal information of persons less than sixteen years of age without their affirmative consent, and in the case of those less than thirteen years of age, the consent must come from a parent.

Non-Discrimination We will not discriminate against you for exercising your rights under the CCPA. Unless otherwise permitted by the CCPA we will not:
• Deny you goods or service
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
• Provide a different level or quality of goods or services • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services
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2 To Exercise Your Rights
To Opt-out of the Sale of Your Personal Information
The CCPA gives consumers the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information. We do not sell and will not sell your personal information as that term is commonly understood. We also do not sell and will not sell your personal information, as that term is defined by the CCPA.

To Request Access to or Deletion of Your Personal Information To exercise your access or deletion rights described above, please submit a verifiable consumer request to us by either: Calling us at 1-855-557-8437 or contacting us through our website CCPA Consumer Request.

Only you or your representative that you authorize to act on your behalf (Authorized Agent) can make a verifiable consumer request for your personal information. You may also make a request for your minor child. The verifiable request must provide enough information that allows us to reasonably verify you are the person about whom we collected personal information. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and to confirm the personal information relates to you.

We work to respond to a verifiable consumer request within 45 days of its receipt. If we require additional time, we will inform you of the extension period (up to an additional 45 days), and the reason for the extension in writing. If you have an account with us, we will deliver our response to that account. If you do not have an account with us, we will deliver our response by mail or electronically, depending on your preference. The response we provide will also explain any reasons why we cannot comply with a request.

You may only make a consumer request for access twice within a twelve-month period.

Any disclosures we provide will apply to the twelve-month period preceding the consumer request’s receipt.

Contact Us
If you have any questions regarding our Privacy Notice or practices, please contact us via phone at 1- 855-557-8437 or send your written request to: [email protected], or Old Republic Title c/o CCPA Consumer Request Group, 275 Battery Street, Suite1500, San Francisco, CA 94111-3334. 209
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TO: Mayor and City Council
FROM: Administration
DATE: January 8, 2024
SUBJECT: Consider Adoption – Ord. 23-12, an Ordinance of the City Council of the City of Clovis Amending Sections 5.22.02 and 5.22.05 of Chapter 5.22, of Title 5 of the Clovis Municipal Code Pertaining to Definitions and Regulations for Deliveries of Medical Marijuana within the City. (Vote: 4- 0-1 with Councilmember Basgall absent.)

Staff: Karey Cha, City Clerk
Recommendation: Adopt

ATTACHMENTS: None.

This item is on the regular agenda because at introduction it was approved with a less than unanimous vote.

Please direct questions to the City Manager’s office at 559-324-2060. 211
AGENDA ITEM NO. 15.

TO: Mayor and City Council
FROM: Administration
DATE: January 8, 2024
SUBJECT: Consider Approval – Request for Street Closure by Hot Rods Fresno to Hold a Car Show on April 13, 2024.

Staff: Shawn Miller, Business Development Manager
Recommendation: Approve

ATTACHMENTS: 1. Letter to Old Town Merchants

2. Summary of Old Town Special Events Ordinance

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
That the City Council consider approval of the request for street closure by Hot Rods Fresno to hold a car show on April 13, 2024.

EXECUTIVE SUMMARY
Staff requests street closure simultaneously, and in advance, to allow for proper event planning as described in Ordinance 00-03, adopted January 10, 2000. (Attachment 2)

As part of the process leading up to the request for City Council’s approval, notification of all 2024 street closure requests was distributed to business owners, property owners, and residents located in the PBIA. This notification was sent on November 6, 2023, (Attachment 1) and asked that any questions or concerns be directed to staff by November 20, 2023. No such questions or concerns were received prior to December 11, 2023.

On December 11, 20 23, City Council reviewed all requests for Old Town street closures proposed for calendar year 2024. During this meeting, a member of the public , Business Organization of Old Town (BOOT) President Cora Shipley, requested that City Council deny the request by Hot Rods Fresno to hold a car show on April 13, 2024.

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Except for this specific event, all other requests were approved by Council. In addition, Council directed staff to address potential parking issues associated with this request by removing public parking lots from the request and to work with Old Town Merchants and Hot Rods Fresno to determine whether a different day/date could be chosen for this event.

Following the December 11, 2023, Council meeting, staff met with merchants and members of Hot Rods Fresno. Based on these proceedings, Hot Rods Fresno requests the City Council consider approval of the original request for April 13, 2024, with a few minor modifications.

BACKGROUND
The Old Town Special Events Ordinance was adopted by Council on Ja nuary 10, 2000, and provides guidelines for the operation of Old Town Special Events. A summary of the Old Town Special Events Ordinance is attached (Attachment 2).

A letter was sent to Old Town merchants and property owners on November 6, 2023 (Attachment 1), soliciting comments/concerns regarding the 2024 street closures. Staff received no comments or concerns on these events.

On December 11, 202 3, all requests were presented to City Council for consideration of approval. During this Council meeting, a n Old Town merchant , BOOT President Cora Shipley, addressed members of City Council with concerns about the Hot Rods Fresno Car Show proposed for April 13, 2024. Stated concerns included:

1. Too many events on Saturdays during the month of April.

2. Of the businesses located on Pollasky Avenue between Third Street and Bullard Avenue that are open on Saturday, a majority do not want another event to be held on a Saturday, and regular customers do not visit Old Town during events.

Following discussion with public and staff, Council approved all requests for street closure with the exception of the Hot Rods Fresno Car Show. Council directed staff to meet with all parties to address parking and consider changing the requested day and/or date of the event. Staff was also directed to bring the item back to Council on January 8, 2024.

Immediately following the meeting, staff briefly met with members of Hot Rod Fresno, Fresno Hot Rod Coalition, and the BOOT. During that meeting, names were provided of three specific business owners who they believed were opposed to this request.

On Tuesday, December 12 , staff contacted the three business owners identified. All three business owners stated that they were not opposed to this event being held on April 13, 2024.

On Wednesday, December 13, staff met with members of Hot Rods Fresno and BOOT. During the meeting, it was stated that BOOT had spoken with fourteen business owners who were opposed to this event. No letters of complaint were provided to staff from the afo rementioned business owners. An agreed upon solution could not be reached during this meeting due to the need for direction and a board vote by Hot Rods Fresno.

On Monday, December 18, members of Hobot Rods Fresno contacted staff and asked that their original request date be presented to council again on January 8, 2024. Two changes would be 213
AGENDA ITEM NO. 16.
made to this request: the parking lots would not be included and the end time for the event would be moved from 5:00 P.M. to 3:00 P.M.

Since the requested date for street closure as presented in the December 11, 2023, meeting did not change, staff was not required to restart the process, as described in the Old Town Special Events Ordinance. However, in order to provide Old Town merchants an additional opportunity to ask questions and/or share concerns with staff related to the requested street closure, staff delivered by hand a notification of the changes to the proposed event (Attachment 1).

During the distribution of notifications, staff concentrated on the impacted area located on Pollasky between Third Street and Bullard Avenue and took the opportunity to discuss the process and status of this request with business owners. Out of 37 direct contacts, two merchants were opposed to holding any events on Saturdays unless the event(s) would only be held south of Fifth Street. To date, no other comments have been received.

FISCAL IMPACT
The City of Clovis is positively impacted by the proposed events. Local businesses benefit from large numbers of visitors and t he City of Clovis benefits from the increased tax revenue. Hot Rods Fresno will bear the responsibility for all costs associated with this event.

REASON FOR RECOMMENDATION
Staff is recommending approval of the request by Hot Rods Fresno to hold a car show on April 13, 2024, due to the positive economic impact to the City of Clovis. Staff does note that two of the 37 direct contacts did not support the event, but staff is rec ommending approval based on the majority contacted not being in opposition.

ACTIONS FOLLOWING APPROVAL

1. Staff will notify BOOT and Hot Rods Fresno of Council’s decision.

2. Staff will continue to work with Old Town Merchants, BOOT, and Hot Rods Fresno to move forward based on Council’s final decision.

Prepared by: Shawn Miller, Business Manager

Reviewed by: City Manager JH
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AGENDA ITEM NO. 16.

TO: Mayor and City Council
FROM: Administration
DATE: January 8, 2024
SUBJECT: Receive and File - Results of the Kosmont Companies Analysis of the City of Clovis Development Impact Fee Program.

Staff: Andrew Haussler, Assistant City Manager
Recommendation: Receive and File

ATTACHMENTS: 1. Kosmont Study – Clovis Development Impact Fee Analysis

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
Receive and File - Results of the Kosmont Companies Analysis of the City of Clovis Development Impact Fee Program.

EXECUTIVE SUMMARY
The Kosmont Companies completed the report (attached) on their analysis of how the City of Clovis calculates Development Impact Fees, how those fees are funded and provided a review of best practice financing mechanisms utilized elsewhere . In comparison to other high -growth communities in the State of Californi a, Clovis is comparable regarding the amount of Development Impact Fees charged for all development types but does not use some typical financing methods that other communities do. The Kosmont Companies will be presenting their findings in the presentation.

BACKGROUND
At the June 5, 2023, City Council Meeting Council directed staff to review and analyze the City’s Development Impact Fee Program. Staff developed a scope and sought bids and selected the Kosmont Companies to conduct the analysis on September 5, 2023. In summary, the consultant was tasked with:

218
AGENDA ITEM NO. 17.
- Review how the City of Clovis calculates Development Impact Fees and how those fees are funded and financing mechanisms available. - Provide an overview of industry best means to calculate fees and how they are funded elsewhere.
- Conduct staff, industry, and Council workshops on the findings.

Kosmont interviewed City staff and reviewed the calculations of Development Impact Fees for the major infrastructure categories shown below that account for 80-90% of the total City fees:

1. Major Water Facilities (excludes water supply)

2. Major Sewer Facilities / Recycled Water (excludes oversizing and frontage fees)

3. Roads / Traffic Signals / Bridges

4. Park Acquisition and Development

5. Public Facilities (Police and Fire)

The Kosmont Companies compl eted the report (attached) on their review of how the City of Clovis calculates Development Impact Fees, how those fees are funded and provided a review of best practice financing mechanisms utilized elsewhere. In summary:

Current Fee Structure
Kosmont’s review of DIF found Clovis to be relatively unique in the reliance upon City resources to build major infrastructure. Relying on DIF puts the City at potential significant financial risk as long-term investments must be made to serve the rapidly growing community, with limited protection from cost inflation, economic recession, and builder delays in completing construction.

Fee Structures in Similar Jurisdictions
Kosmont’s analysis found that Clovis has a comprehensive approach to determine level of fees needed to meet future uncertainty. The methodology is sound but conservative. The relatively high level of fees is due to a combination of factors, including a high level of amenities desired by the City. Unlike Clovis, many cities do not grow fast enough to warrant major new facilities, instead relying on surplus capacity, or developers to directly fund incremental streets/signals, water, fire, police, and park facilities.

Development Feasibility
Kosmont’s analysis indicates that Development Impact Fees (DIF) have a modest impact on development feasibility, as Clovis’ higher home prices than the local market offset much of the DIF. The DIF does depress land values, reduce developer profitability, and thus can slow development.

Alternative Financing Options
Financing major infrastructure is often authorized by cities using Mello -Roos CFD bonds secured by property owner special taxes.

In comparison to other high-growth communities in the State of California, Clovis is comparable regarding the amount of DIFs charged for all development types. However, it is unusual that Clovis does not allow developers to utilize Community Facility District financing. 219
AGENDA ITEM NO. 17.

The Kosmont Companies recommend the City consider developing a policy allowing developers to utilize Community Facility District (CFD) financing to directly fund improvements or pay DIFs to the City, allowing for the acceleration of cash flow to the City. This is a common practice in other California cities but has not been in Clovis in many years.

Kosmont conducted a workshop for City staff in late November 2023 and on December 1 4, 2023, City staff hosted a workshop for the development community where Kosmont presented with the findings. The meeting ha d 34 attendees with 25 from the development community .

Kosmont is completing their final task by presenting the report to City Council.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Receive and file the report per the contract with Kosmont.

ACTIONS FOLLOWING APPROVAL
Provost and Prichard Engineering has been contracted to review the 2017 Water Master Plan for water infrastructure and supply and the associated DIFs to provide adequate funding for the infrastructure required for growth. This assessment will be completed and presented to Council in the spring of 2024. This study was driven by Council’s direction to not increase water rates by 60% in June 2023 as recommended by staff.

In addition, staff believes it is prudent to begin researching the policies needed to allow for alternative financing to ols as presented by Kosmont. These tools and the steps needed to implement them can be discussed and considered in future meetings regarding DIFs.

Prepared by: Andrew Haussler, Assistant City Manager

Reviewed by: City Manager JH
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2301 Rosecrans Ave., Suite 4140
El Segundo, CA 90245
TEL: 424-297-1070 | URL: www.kosmont.com

CITY OF CLOVIS
DEVELOPMENT IMPACT FEE ANALYSIS – CITY

COUNCIL SUMMARY
JANUARY 8, 2024
ATTACHMENT 1
221
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KOSMONT COMPANIES | 2
INTRODUCTIONKosmont Companies ("Kosmont"), areal estate & economics advisory firm serving hundreds of cities and local governments for over 37 years, has been retained by the City of Clovis ("City") to evaluate City’s Development Impact Fees (“DIF”) that fund master infrastructure needed to facilitate growth and to identify how the DIF compare to other communities.§Kosmont's expertise covers a full range of economics & real estate advisory services including:ØMarket and Feasibility AnalysesØFiscal Impact & Economic Benefit StudiesØEconomic Development Strategies & ImplementationØBusiness/Retailer & Developer RecruitmentØIdentification of Funding Sources & Financing StrategiesØPublic-Private Transaction Structuring & NegotiationDisclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Actual results are difficult to predict as a function of market conditions, natural disasters, pandemics, legislation and administrative actions. 222
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KOSMONT COMPANIES | 3
KOSMONT SCOPE OF WORKKosmont Tasks are summarized below:Task 1: Review of Current Fee Structure and Due DiligenceKosmont to review the City’s existing policy relating to DIF and the Master Development Fee Schedule, and interview City staff to understand how fees are computed, collected, and infrastructure investments are made.Task2: Review of Fee Structures in Similar JurisdictionsKosmont togather home prices and land values and reviewed the methodology used bysimilar jurisdictions’ fee structures in high growth areas within the Central Valley, Inland Empire and the San Joaquin Valley.Task3: Alternative Financing OptionsFinancing of major infrastructure improvements faces significant challenges including, but not limited to: theneed for sizeable front-end investment, impact of inflation and supply chain deficiencies on costs, and private sector market demand and pricing uncertainty. Kosmont to provide overview of how other communities fund infrastructure improvements and financing tools that can be available to fill the potential gap between DIF and actual costs of infrastructure.

Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 223
AGENDA ITEM NO. 17.

KOSMONT COMPANIES | 4
BACKGROUNDKosmont reviewed DIF for a wide range of Central Valley towns. We focused on a high-level review of the DIF calculations (police, fire, parks, library, water, sewer, roads) for larger Fresno area cities and unincorporated areas, as well as jurisdictions in high growth semi-rural areas including the following:¡Fresno¡Visalia¡Merced¡Roseville (Placer County)¡Menifee (in SE Riverside County)¡Mountain House (Community Services District in San Joaquin County)¡Madera County (Riverstone and Tesoro Viejo)Fees charged by small communities in the region, such as Fowler and Sanger, were not considered comparable as they do not experience the significant growth that occurs in Clovis.

Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 224
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KOSMONT COMPANIES | 5
LOCAL HOME PRICE TRENDSDevelopment Impact Fees affect developer profitability by imposing additional costs. As a result, DIF negatively affect residual land values that builders can afford to pay.In general, they do not directly affect home prices because home prices are primarily driven by market demand. If market demand slows and construction costs/fees are too high, then development will slow.Comparison of recent Clovis and Fresno median home sales prices are $455,000 vs $365,000, respectively. Over the past decade, the graph demonstrates that Clovis median home prices have stayed approx. 20% to 30% higher than Fresno. Clovis homes have somewhat larger square footage (SF) than Fresno, but analysis shows Clovis’ home values per SF is 10%-15% higher.$0$100,000$200,000$300,000$400,000$500,000$600,000 Sep-13Sep-14Sep-15Sep-16Sep-17Sep-18Sep-19Sep-20Sep-21Sep-22Sep-23 Median Home Sale Price12-Mo Rolling Average
ClovisFresno CityDisclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 225
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KOSMONT COMPANIES | 6
EXECUTIVE SUMMARY California cities charge fees and special taxes to fund new infrastructure and service costs associated with new development and include the following categories:¡Water Supply (Kosmont did not evaluate water supply costs fees as City is negotiating purchase of new water supplies)¡Wastewater Treatment/Recycling¡Stormwater / Drainage (Fresno Flood Control maintains this for Clovis)¡Roads, Bridges and Traffic Signals¡Parks¡Other Public Facilities (Police / Fire / Library / Other)The City has used DIF charged at Certificate of Occupancy / COE to fund new infrastructure for decades. Kosmont suggests the City adopt policy allowing developers to utilize Community Facility District (“CFD”) financing to directly fund improvements improving cash flow for the City.

Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 226
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KOSMONT COMPANIES | 7
EXECUTIVE SUMMARYKosmont interviewed City staff and reviewed the excel worksheets used to calculate the DIF for the major infrastructure categories shown below that account for 80-90% of the total City fees:1.Major Water Facilities (excludes water supply)2.Major Sewer Facilities / Recycled Water (excludes oversizing and frontage fees)3.Roads / Traffic Signals / Bridges4.Park Acquisition and Development5.Public Facilities (Police and Fire)In comparing City DIF with other communities, Kosmont found an extremely wide range of fee categories and methodologies for funding infrastructure improvements. More stable cities with limited growth have lower fees as major facilities are typically not planned. If unexpected growth in greenfield areas, or a major annexation is contemplated, then Development Agreements are often used to identify developer’s responsibilities, among other things.

Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 227
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KOSMONT COMPANIES | 8
EXECUTIVE SUMMARY- DIF METHODOLOGY & ASSUMPTIONSMethodology for calculating fees for new roads, water and sewer facility costs uses engineering estimates done for the recent City Master Plan by geographic areas. The City uses a 30% contingency andan 18% add-on for administration/engineering and 30 years of debt service at 5% interest rate to estimate total capital costs in today’s dollars.For each land use type, engineers estimate road, water and sewer usage using SF Home as the standard EDU with the percentage change in use for other types shown as a fraction of EDU. Tot al costs are divided by tot al EDU to derive the annual fee per EDU.Contingency is important to cover the uncertainty of right of way (“ROW”) acquisition and construction cost increases likely to occur over 10-20 year build out of major systems. These have historically exceeded CCI index that measure non union-labor cost changes in LA/SF . Because each area has different road system infrastructure needs, City has used the planning areas to determine road, traffic signals and bridge needs for each Area (as shown on following page) Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 228
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KOSMONT COMPANIES | 9

DIF PLANNING AREAS
Clovis has identified 5 geographic areas that have different infrastructure needsAreas 2 & 3 are established areas with major infrastructure in placeAreas 1, 4 & 5 are seeing significant growth and the need for new infrastructure Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 229
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KOSMONT COMPANIES | 10

CLOVIS FEES BY LAND USE AND GEO AREA CLOVIS DEVELOPMENT IMPACT FEES

SINGLE FAMILY MULTI FAMILY RETAILOFFICEINDUST
ALL AREAS Per Unit/SF 4.0 7.5 14.5 7.5 14.5 20 10,000 12,000 20,000 Major Water 8,580$ 5,455$ 4,114$ 5,455$ 4,114$ 3,518$ 4.29$ 4.29$ 1.16$ Sewer 9,584$ 9,584$ 9,584$ 7,763$ 7,763$ 7,763$ 5.75$ 4.89$ 2.68$ Parks 5,662$ 5,662$ 5,662$ 5,662$ 5,662$ 5,662$ 0.69$ 1.50$ 0.49$ Refuse 509$ 509$ 509$ 412$ 412$ 412$ Police 1,457$ 1,457$ 1,457$ 1,457$ 1,457$ 1,457$ Fire 2,075$ 2,075$ 2,075$ 2,075$ 2,075$ 2,075$ Library 760$ 760$ 760$ 621$ 621$ 621$ ALL AREAS Per Acre
Police 6,557$ 6,557$ 6,557$
Fire 9,338$ 9,338$ 9,338$
AREA 1
Street Fees 10,968$ 10,967$ 6,581$ 6,581$ 6,581$ 6,581$ 17.31$ 7.89$ 2.12$ Total Per Acre 158,380$ 273,518$ 445,759$ 225,195$ 415,933$ 561,780$ 296,295$ 238,735$ 144,895$ Per unit / 1,000 SF 39,595$ 36,469$ 30,742$ 30,026$ 28,685$ 28,089$ 29,629$ 19,895$ 7,245$ AREA 4
Street Fees 10,787$ 10,787$ 6,472$ 6,472$ 6,472$ 6,472$ 17.03$ 7.76$ 2.09$ Total Per Acre 157,656$ 272,168$ 444,179$ 224,378$ 414,352$ 559,600$ 296,295$ 238,735$ 144,895$ Per unit / 1,000 SF 39,414$ 36,289$ 30,633$ 29,917$ 28,576$ 27,980$ 29,629$ 19,895$ 7,245$ AREA 5
Street Fees 5,622$ 5,622$ 3,374$ 3,374$ 3,374$ 3,374$ 8.87$ 4.05$ 1.09$ Total Per Acre 136,996$ 233,430$ 399,258$ 201,143$ 369,431$ 497,640$ 211,895$ 192,655$ 124,295$ Per unit / 1,000 SF 34,249$ 31,124$ 27,535$ 26,819$ 25,478$ 24,882$ 21,189$ 16,055$ 6,215$ Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 230
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DIF METHODOLOGY - WATERMajor Water FacilitiesWater MF fees are calculated based on the engineering cost estimate for the City Water Master Plan divided by the new 57,500 Equivalent Dwelling Units (“EDU”) expected per the General Plan. Baseline EDU for water use is a SF home in a development with a density of 5.5 units per acre. The most recent Water Master Plan capital cost estimate prepared by Provost & Pritchard Consulting Group in Dec. 2022 showed a total cost increase to $556 million (from $340 million per the last cost analysis done pre-pandemic). The City decided to leave the Major Water fee unchanged pending further cost analysis.For FY 2022-23 the average EDU fee was $5,987. Because water use varies by lot size and home size, the City established a different per unit fee that decreases from $8,580 for low density to $3,518 for very high-density multi-family development.

Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 231
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DIF METHODOLOGY - ROADS / BRIDGES / SIGNALIZATION
Notes: *8,977 units needed for Clovis per RHNA
Roads/Traffic Signals/BridgesUtilizing the Street master plan, the City analyzes the five different planning areas to identify specific needs and standards for arterial and collector roads and bridges. Separate worksheets are prepared to allocate areawide costs by equivalent dwelling unit for outside lane costs, center lane costs, traffic signals and bridges. Cost estimates for ROW acquisition, excavation, aggregate base, concrete and asphalt, street lights, landscaping etc. are determined to estimate the areawide capital costs for major roads, bridges, and traffic signals. Important to remember that subdivision level roads are responsibility of the builders. While Area 2 and 3 arterial road network is substantially completed, the other areas have a wide range of new facility needs. Area 5 is the least developed area and has the greatest need for a new arterial road network, however Area 5 road network has less frequent arterial roads per linear mile, as compared to Areas 1 & 4. Thus, the City DIF for roads are approximately 50% lower in Area 5. Kosmont’s research found a wide traffic impact fee range, based on geographic location and specific subcategories of office, retail and industrial for other cities.

Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 232
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DIF METHODOLOGY - SEWER/WASTEWATERWastewater Collection / Treatment (includes Recycled Water system)The City worksheet Kosmont reviewed has three main sewer cost components to be recovered from new EDU development post 2017:1.Project costs for new facilities of $300 million2.Debt payment on existing revenue bonds of $147 million3.Debt repayment to Fresno of $20.2 millionNew facility project costs are derived from engineering estimates done for the Phase 2 and Phase 3 STWRF expansion + various conveyance systems to provide service throughout the City. The total amount is $467 million, which will serve the new development with 48,800 sewage adjusted EDU’s expected per 2017 master plan – for a singe family unit fee of $9,584 and multi-family fee of $7,763.Other cities fund sewer in a variety of ways, per DU and per 1,000 SF and also including $ per Front Foot.

Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 233
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ParksThe City prepared a Parks Master Plan in 2022 that identified facilities for acquisition. Cost estimates were made for landscaping and equipment totaling $157 million. Hourly park usage was estimated for the new residents and commercial/industrial employees. Based on full buildout, and density of 2.6 people per household the total allocated capital cost for resident’s usage was estimated at $5,662 per unit. Commercial and industrial employee usage resulted in an allocated cost of $0.69 psf for retail; $1.50 psf for office and $0.49 psf for industrial buildings. Kosmont’s statewide research found a very wide range from $1,000 per EDU to over $20,000 with many in the range of $5,000 to $15,000 per new unit. This is due to varying policy objectives and higher land acquisition costs in larger cities.Public Facilities – Fire / PoliceThe City estimated the land, site improvement, building, equipment and financing cost of ~$18 million for a new Fire station to serve 20,000 residents. This yielded an allocated impact fee of $2,347 per residential unit in 2022-23, plus $9,338 per acre for commercial/industrial development. The City decided to reduce the fee to $2,075 per unit for 2023-24. New Police officers are needed for each 1,000 new residents. Facility and equipment costs were estimated at $500,000 for each new officer, with a fee of $1,457 per residential unit, plus $6,557 per acre for commercial/industrial development. Kosmont’s research found a similar range for other cities.

DIF METHODOLOGY PARKS / PUBLIC FACILITIES
Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Notes: *8,977 units needed for Clovis per RHNA 234
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DIFFEES/CHARGES COMPARISON-OVERVIEWIn comparing City DIF with other communities, Kosmont found an extremely wide range of fee categories and methodologies for funding infrastructure improvements. More stable cities with limited growth have lower fees as major facilities are typically not planned. If unexpected growth in greenfield areas, or a major annexation is contemplated, then Development Agreements are often used to identify developer’s responsibilities. Kosmont has prepared tables showing how Clovis fees compare with a half dozen other cities on a per unit basis for single family and multi-family development. Kosmont also compares Clovis commercial/industrial fees on a per acre basis at typical density of 0.25 for retail to 0.45 for industrial. The analysis shows that Clovis fees are much higher than nearby cities, but it compares favorably with a similar high growth community of Mountain House in San Joaquin County that has had to finance major water, sewer, traffic infrastructure similar to Clovis. Most cities use CCI to adjust fees on annual basis, with major updates done every 5 to 10 years. It is important to note that recent Development Fee studies have resulted in large percentage increases, beyond CCI adjustments. Most cities do not use DIF to fund the water and sewer facility capital facilities, rather using CFD special taxes that add to home owners property tax bill or in rare circumstances, capital facility charges that add to the monthly water and sewer bill. A monthly water or sewer fee of $50 per month, is the financial equivalent of a $10,000 upfront impact fee.Developers’ / builders’ concern with DIF is due to the need for developers / builders to pay the fees at completion of construction, while special taxes and monthly fees are 100% borne by property owners.Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 235
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DIF COMPARISON - RESIDENTIALKosmont’s review of DIF and other fees charged to builders shows that Clovis DIF are higher, due to Major Water and Major Sewer fees of $15,000 to $20,000 per unit. Mountain House PFC fees are converted to DIF equivalent.Clovis Fresno Merced Visalia Menifee RosevilleMadera CountyMountainHouse Single Family Per DU
Major Water $4,100 - $8,500 $5,800 $10,073 NA NA $7,177 - $11,959$7,328 $9,500 - $12,700 Major Sewer $9,584 $4,000 $7,400 $6,000 - $10,500 NA $10,308 $13,217 $8,300 - $9,500 Streets $6,500 - $11,000$5,500 - $10,300$3,349 $7,156 $10,100$8,770 - $11,360NA $18,900 Parks $5,662 $5,200 $5,177 $4,400 $1,720 $3,800 - $8,700 NA $15,369 Police and Fire $3,530 $3,300 $3,085 $740 /2 $1,570 $3,983 NA $3,233 Total $31,000 - $40,000$24,000 - $29,600$29,084 $18,000 - $22,500$13,390$33,000 - $46,000NA /3$55,000 - $60,000 Multi Family per DU
Major Water $3,500 - $5,450$1,200 /1 $3,300 /1 NA NA $4,783 $3,808 $3,700 Major Sewer $7,763 NA /1 $6,200 $2,200 /2 NA $10,308 $8,855 $6,200 Streets $3,400 - $6,500$4,200 - $5,700 $1,894 $5,025 $6,580 $5,400 - $7,000 NA $8,300 - $9,600 Parks $5,662 $3,900 $4,109 $3,900 $1,348 $3,000 - $7,000 NA $9,715 Police and Fire $3,530 $2,500 $2,449 $570 /2 $1,230 $2,656 NA $2,044 Total $25,000 - $30,000$11,800 - $13,300$17,952 $11,700 $9,158 $26,200 - $31,800NA /3$30,000 - $31,300 /1 Fees are based on meter size and other factors not converted to per unit (Merced water fees are more than double Fresno's) /2 Visalia Public Safety Fees are per acre - Kosmont converted to per unit using avg. density factors /3 Madera County (Riverstone /Tesoro Viejo) use independent water/sewer companies and CFD to fund infrastructure - CFD's can't be converted to DIF equivalent Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 236
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DIF COMPARISON – COMMERCIAL/INDUSTRIALA comparison of Commercial and Industrial fees/PFCs shows a wide range, with some communities charging nothing as summarized below: Fresno & Roseville water fees are based on meter size and other factors not convertible into per unit $.Clovis Fresno Merced Visalia Menifee RosevilleMadera CountyMountainHouse Industrial Per 1000 SF
Major Water $1,160 NA /1 NA /1 NA NA TBD TBD $3,200
Major Sewer $2,680 NA /1 $3,800 $600 /2 NA $1,700 - $3,400$1,300 - $2,600$5,200 Streets $1,090 - $2,120$1,140 - $1,400 $2,530 $1,100 - $2,200$1,860 $2,000 - $7,000NA $9,500 - $14,500 Parks $690 - $1,790 - - - NA -
Police and Fire $800 $780 $1,070 $130 /2 $500 $280 - $440 NA $850 Total $6,200 - $7,200$1,900 - $2,200 $9,190 $1,900 - $2,900$2,360 $4,000 - $10,800NA /3$18,000 - $23,000 Commercial Per 1000 SF
Major Water $4,290 NA /1 NA /1 NA NA TBD $3,800 $1,400
Major Sewer $5,750 NA /1 $3,460 - $5,560 $1,900 /2 NA $2,900 - $5,800$6,600 - $13,200$2,200 Streets $8,870 - $17,300$8,500 - $26,000$5,040 - $7,540$8,000 - $19,000$7,720$10,000 - $30,000NA $16,000 - $37,000 Parks $490 - $4,000 - $4,600 - - - NA -
Police and Fire $1,600 $1,515 $2,400 - $2,750 $550-$1,200 /2$1,320 $670 - $880 NA $1,230 Total $21,200 - $29,600$10,000 - $27,000$14,500 - $20,000$10,500 - $22,000$9,040$13,600 - $36,700NA /3$21,000 - $42,000 /1 Fees are based on meter size and other factors not converted to per unit (Merced water fees are double Fresno's) /2 Visalia Public Safety Fees are per acre - Sewer Fees are per Front Foot -Kosmont converted to per unit using avg. density factors /3 Madera County (Riverstone /Tesoro Viejo) use independent water/sewer companies and CFD to fund infrastructure - CFD's can't be converted to DIF equivalent Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 237
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EXECUTIVE SUMMARYCurrent Fee StructureKosmont’s review of DIF found Clovis to be relatively unique in the reliance upon City resources to build major infrastructure. Relying on DIF puts the City at potential significant financial risk as long-term investments must be made to serve the rapidly growing community, with limited protection from cost inflation, economic recession and builder delays in completing construction.Fee Structures in Similar JurisdictionsKosmont’s analysis found that Clovis has a comprehensive approach to determine level of fees needed to meet future uncertainty. The methodology is sound but conservative. The relatively high level of fees is due to a combination of factors, including a high level of amenities desired by the City. Unlike Clovis, many cities do not grow fast enough to warrant major new facilities, instead relying on surplus capacity, or developers to directly fund incremental streets/signals, water, fire, police and park facilities.Development FeasibilityKosmont’s analysis indicates that DIF has a modest impact on development feasibility (5-8% of home value), as Clovis’ higher home prices offset much of the DIF. The DIF does depress land values, reduce developer profitability and thus can slow development.Alternative Financing OptionsFinancing major infrastructure is often authorized by cities using Mello-Roos CFD bonds secured by property owner special taxes, or in special cases not available to Clovis - utility pledged facilities charges (PFC’s) to pay debt service for upfront investment needs.Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 238
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INFRASTRUCTURE FINANCING TOOLS2301 Rosecrans Ave., Suite 4140El Segundo, CA 90245TEL: 424-297-1070 | URL: www.kosmont.com 239
AGENDA ITEM NO. 17.

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INFRASTRUCTURE FUNDING METHODS - FEES & CHARGESIt is difficult to necessarily compare impact fees because cities funds infrastructure needs / calculate development fees using a wide range of methodologies:Fees¡Per Residential Unit that varies by density per acre / avg home size / population / geographic area¡Per commercial SF that varies by type (e.g., office, neighborhood retail, regional retail, industrial warehouse, manufacturing, business park) and geographic area (e.g., north of Main, south of Main)¡Per acre of land for various uses - adjusted by geographic areaService ChargesMany cities fund sewer and water improvements through monthly service charges to users, which is not exactly fair if existing residents had already paid impact fees.Some cities require master developers to fund major infrastructure through use of Mello-Roos CFD financing using special district taxes that are added to property owners annual property tax bill. This method can allow Clovis to raise funds for needed improvements without impacting existing residents and businesses.Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 240
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INFRASTRUCTURE FUNDING METHODS - BONDSMost cities cannot afford to pay for large-scale capital investments with DIF as they run into timing andfunding limitations, if the city wants to install additional infrastructure for operational efficiency.Land-Secured BondsMany projects throughout California have financed public infrastructure using land-secured bonds. Special Assessment District bonds (“ADs”) or Mello Roos CFDs backed by special taxes imposed on the underlying property in the District.ADs and CFDs are considered “conduit debt”. These bonds are issued by the city/agency on behalf of property owners, but the city has no financial obligation to repay the bonds.The city has administrative oversight responsibilities, which can be primarily assigned over to a third-party special tax consultant. As the issuer of the bonds, the city is required to list each issue in its annual report and submit annual reports to CDIAC and the SEC.

Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 241
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LAND SECURED BONDSCFDs vs ADsBoth CFDs and ADs require a special tax upon themselves to finance public infrastructure costs. ¡ADs require an engineer to develop an assessment report, which allocates the cost for each parcel within the District boundaries. The methodology for allocating costs must be based on a “benefit nexus”. For example, an assessment district that undergrounds utilities might be based on the lengths of the sidewalks of each property owner. AD formation is approved, as long as there is not a majority protest (i.e., 50% voter approval). ¡CFDs are more flexible, and allow for the financing of a larger variety of public improvements than ADs. ¡CFDs do not require an engineer report with a “benefit nexus”, but rather a special tax consultant develops a Rate & Method of Apportionment (RMA), which outlines the special tax that each parcel/property owner pays. ¡CFDs require a 2/3 voter approval. If less than 12 registered voters, it then becomes a landowner election. In most cases, CFDs are formed on undeveloped land (i.e., developer owns 100% of the land/votes).¡Developers prefer the greater flexibility that CFDs offer, and hence are used on the majority of new development.Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 242
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CFD ADVANTAGESAdvantages of CFDsThere are numerous advantages to issuing CFDs that help to promote development. We have outlined the advantages to each party below. It is important to note that during the 1990’s recession, many CFDs went bankrupt in rural communities such as Moreno Valley and Palmdale as housing demand collapsed and new construction stopped and bold holders were able to take title to the land.Developers / Private Sector•Non-Recourse Financing - CFDs foreclose on property, no recourse to developer/owners•Tax-Exempt Interest Rates - lower than comparable taxable bank loans. Most (new development) CFDs are sold as non-rated bonds. •Capitalized Interest During Construction Period - Up to 3 years significantly reduces costs during construction•No Acceleration Provision - Bank loans typically foreclose on entire projects; CFD foreclosure limited to parcels with “delinquent” taxes.Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 243
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CFD ADVANTAGESCity/Agency•“New Growth funds Growth” - CFDs are designed to ensure that new development projects pay for themselves without burdening existing residents •“Off Balance Sheet” Financing - CFDs are conduit debt, city not responsible for making debt payments •Accelerates Construction - CFDs can fund infrastructure in advance of growth•Faster than Impact Fees - Impact fees arrive after construction has taken place Homeowners•Reduce O&M Costs (HOA) - CFD special taxes on property tax bill; HOA dues are not tax deductible Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 244
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CFD PROGRAM OPTIONSCity CFD Program or Third-Party Conduit/JPA If the City decides that CFDs provide a flexible financing mechanism that helps to fund and accelerate the construction of public infrastructure, then it must make a policy decision whether it wants to develop an internal CFD program or encourage developers to use a third-party conduit / Joint Powers Authority (JP A) to issue CFDs. To form a CFD program, the City must draft its Local Goals and Policies. If using a conduit, then implementation can occur within 3 months. If City wants self managed program, then 6-9 months will likely be required to hire necessary advisors and assign staff.City CFD Program Many cities/agencies have an established an internal CFD program (e.g., Roseville, Irvine, Eastern Municipal Water District). The City of Clovis would need to assemble a financing team (municipal advisor, underwriter, bond counsel, disclosure counsel, special tax consultant, and trustee). City staff will be responsible for managing the bond issuance process, for which it can be reimbursed for staff time through the costs of issuance. Staff can also assign its CFD administration responsibilities to third parties. The primary benefit of an internal program is control. Disclaimer: The analyses, projections, assumptions, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. 245
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CITY OF CLOVISDEVELOPMENT IMPACT FEE ANALYSISTHE ANALYSES, PROJECTIONS, ASSUMPTIONS AND ANY EXAMPLES PRESENTED HEREIN ARE FOR ILLUSTRATIVE PURPOSES AND ARE NOT A GUARANTEE OF ACTUAL AND/OR FUTURE RESULTS. ACTUAL RESULTS MAY DIFFER FROM THOSE EXPRESSED IN THIS ANALYSIS, AS RESULTS ARE DIFFICULT TO PREDICT AS A FUNCTION OF MARKET CONDITIONS, NATURAL DISASTERS, PANDEMICS, SIGNIFICANT ECONOMIC IMPACTS, LEGISLATION AND ADMINISTRATIVE ACTIONS. 2301 Rosecrans Ave., Suite 4140El Segundo, CA 90245TEL: 424-297-1070 | URL: www.kosmont.com 246
AGENDA ITEM NO. 17.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: January 8, 2024
SUBJECT: Consider – A request from the General Partners, Loma Vista Marketplace located at the southwest corner of Shaw and Leonard Avenues regarding access to the shopping center during the construction work on Shaw Avenue.

Staff: Thad Avery, City Engineer / David Merchen, City Planner Recommendation: Consider request and provide policy direction

ATTACHMENTS: 1. Letter from General Partners, Loma Vista Marketplace requesting an agenda item at the next City of Clovis Council meeting

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
Staff recommends that the City Council consider options regarding street closure alternatives during the construction of Shaw Avenue between DeWolf and Leonard Avenues and approve staff’s recommendation to continue with a full closure of Shaw Avenue as planned du ring construction.

EXECUTIVE SUMMARY
The General Partners, Loma Vista Marketplace , are developing the Loma Vista Marketplace shopping center located on the southwest corner of Shaw and Leonard Avenues. The General Partners have requested a discussion with City Council on the closure of Shaw Avenue between DeWolf and Leonard during the City project that will construct that portion of Shaw. The current plan during the construction of Shaw is for a full closure of Shaw. Loma Vista Marketplace would like the City to modify the plan to maintain full access on Shaw to their property during the entirety of the street project. City staff has identified an option that would allow access to the Marketplace to be maintained (eliminating the Shaw closure). However, there are financial, right of way, and extended construction timeline implications associated with this alternative. 247
AGENDA ITEM NO. 18.

BACKGROUND
Loma Vista Community Centers North and South Master Plan

The Loma Vista Marketplace shopping center is located within the Loma Vista Community Centers North and South Master Plan, adopted by the City Council through a rezoning approval in April of 2009. The Master Plan is a required sub-component of the 2003 Loma Vista Specific Plan and encompasses nearly 275 acres generally bound by Leonard Avenue on the east, DeWolf Avenue and the Jefferson Canal on the west, Barstow Avenue on the north, and Gettysburg Avenue on the south. Properties north of Shaw Avenue are within Community Center North and properties south of Shaw are within Co mmunity Center South. The Master Plan includes various design elements including public open space, circulation, landscaping, architecture, housing products, and land use development standards. Land uses include high and very high residential densities, mi xed use community center uses, commercial, and public facilities. The overall maximum residential density of the Master Plan is approximately 15 dwelling units per acre.

The Community Centers North and South are envisioned to be dynamic pedestrian -oriented districts with a complimentary mix of uses. The design and orientation of development focuses on pedestrians, with amenities such as outdoor dining, public art, and enhanced sidewalks. Key features include ample open space in the form of community parks, pocket parks, plazas, paseos, and trails. The street pattern is designed to calm traffic to allow for convenient and safe pedestrian linkages.

Sanders Avenue “Main Street” and the Shaw Avenue Undercrossing

A designated mixed -use “Main Street” is planned along the Sanders Avenue alignment containing residential, retail, restaurants, and office space. The Sanders-Main Street alignment forms the westerly boundary of the L oma Vista Marketplace shopping center. The north end of Sanders-Main Street will be connected
to the south end by a grade -separated
crossing under Shaw Avenue. Vehicles
traveling on Shaw will not be able to
able to turn directly onto Sanders -Main
Street be cause Sanders will be below
grade at the intersection. Therefore,
drivers will make use of the local streets
east and west of Sanders, which also
line up with the access points to the
planned commercial areas on both
sides of Shaw Avenue, including the
Loma Vista Marketplace.

The Sanders-Main Street undercrossing is a key visual and functional feature of the Community Centers Master Plan. The undercrossing is designed to f acilitate mixed -use residential and commercial development along the alignment, as well as to encourage pedestrian connectivity 248
AGENDA ITEM NO. 18.
by locating trails parallel to the street. The Loma Vista Village Green will anchor the south end of Main Street, while another planned community park will anchor the north end. Commercial uses with outdoor seat ing areas are envisioned along and overlooking the edges of the overcrossing.

Property owners along the Sanders alignment have occasionally inquired about eliminating the undercrossing feature to facilitate more traditional access to Shaw Avenue. Staff ha s consistently recommended that this feature be maintained as a unique design and functional element of the Community Centers Master Plan. Elimination of the undercrossing would require a comprehensive amendment to the Master Plan, as the Main Street concept and the associated Shaw Avenue undercrossing are embedded throughout the Plan.

Shaw Avenue Widening Project

In December of 2013, the City entered into a cooperative agreement with the Fresno County Transportation Authority for funding of the Shaw Wide ning project from DeWolf to McCall Avenues, pursuant to the Measure “C” Strategic Implementation Plan and the Fresno County Measure “C” Expenditure Plan, which was approved by the voters of Fresno County in November of 2006. Included in the scope for the funding is to construct the undercrossing located midway between DeWolf and Leonard Avenues

Since the agreement was signed, staff has been coordinating with multiple agencies, utility companies, and over 50 property owners involving the design, environment al, right of way and construction for the project. The project was split into two phases for ease of construction: The section from DeWolf to Leonard Avenues and the section from Leonard to McCall Avenues.

Difficulties obtaining a few properties in the westerly section pushed the City to start construction on the easterly section first. The first phase is near completion of construction and the second phase is still in the process of obtaining right of way through the eminent domain process with a couple remaining properties. Construction of the second phase (between DeWolf and Leonard) cannot start until all right of way has been acquired. Staff and the City Attorney have been working through the eminent domain process with the remaining property owners, th at right of way is needed from, for the past two years. The acquisition of the remaining properties could take until the beginning of 2025 if we end up in court, so we cannot establish a start date for the project at this point. When all right of way is ac quired, we can tell PG&E to start relocating the overhead utilities outside of the new road alignment of which they already have a design for. It is estimated that it will take PG&E 6 to 9 months to complete this work once scheduled, but because we have s een many delays by utilities in the past few years, we are assuming 12 months. When the overhead utilities have been relocated, we can start the construction on the street and underground utilities. We estimate the actual construction of this part of work to take 8 months, but because of possible weather and utility company delays we are assuming 12 months for project completion. Between the PG&E work and the actual construction, total time to complete is between 18 and 24 months with the later 12 month s requiring Shaw Avenue to be closed. As mentioned, acquisition of the remaining properties could take until the beginning of 2025, that coupled with the 18 – 24 months means completion could be in 2026.

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AGENDA ITEM NO. 18.

The intent of the design for construction of Shaw between DeWolf and Leonard is to have a full closure of this section of Shaw with a detour of traffic south to Gettysburg to get around the closure for the duration of street and underground utilities construction. This closure is similar to the Shaw closure we had between Leonard and Highland Avenues during the first six months of construction of Shaw between Leonard and McCall Avenues. When deciding to use a full closure during construction, staff takes ma ny components into consideration. Those components are mainly comprised of public safety, public convenience, and cost. The following is the rational e for a full closure for the duration of the Shaw construction between DeWolf and Leonard Avenues:

 Can traffic flow through the site during construction of the undercrossing? Construction of the undercrossing involves excavation over 20 feet deep across the entire width of the right of way. An option to construct the undercrossing in phases within the Shaw Avenue right of way and allow traffic through the construction site is not plausible while maintaining a safe condition for the public.

 Can we shorten the full closure by phasing the road and utility work with traffic on Shaw before a full closure for the undercrossing? If we have a full road closure, we estimate the project construction to take 8 to 12 months. If we phase the work we can shorten the full closure to approximately 4 months, however the project cost would increase by an estimated $1 million, and the total length of the project would increase to 14 months.

The conclusion was that a full closure is needed for public safety for the construction of the undercrossing. A full closure for the entirety of the project keeps the project within budget and it is more convenient to the public to finish the project 6 months earlier and not have multiple modifications to the traffic patterns that can cause confusion for the public.

It is practice with all capital projects to maintain an access to all businesses and residents that are affected by construction. When the design of Shaw first started , there was no proposed development on the southwest corner of Shaw and Leonard, so no consideration was needed for access. When the City first found out about the Loma Vista Marketplace development coming in, staff assumed we would have Shaw complete before the development. When it became a possibility that the development might be complete first, staff looked to make sure the development had access on Leonard that could be maintained, and they do. Since access to the site could be maintained, staff felt we had met the accommodations needed. Staff was first made aware in August of 2022 that the Loma Vista Marketplace assumed they would have access on Shaw during construction, and it was clarified then that they would not. In August of 2022, a McDonalds representative contacted staff about access to Shaw during the Shaw project. Staff let the representative know that the businesses along Shaw between DeWolf and Leonard would not have access to Shaw during construction as Shaw would be closed. This led to Rachel Orlando of General Partners contacting staff to confirm the information at which time staff confirmed that Shaw Avenue would be closed during the Shaw Widening project.

The question has been asked by Loma Vista Marketplace as to why we need a road closure to build the undercrossing when it has been done in other locations without a closure. To explain this, it is necessary to understand that there are two types of grade-separated designs. The first 250
AGENDA ITEM NO. 18.
is when you are constructing an overcrossing, or a structure that is going over the travel lanes you wish to keep open. In this case, temporary form work is built over the lanes of travel to allow the construction of the overcrossing to occur without closing traffic. Building the formwork can usually take place with only lane shifts or lane reductions for traffic. The second design is when you are constructing an undercrossing, which is a structure that is going und er the travel lanes you wish to keep open. In this case, if you have enough room, you can build the undercrossing in segments by narrowing the existing road to one side of the right of way, building a portion of the undercrossing then relocating the road o ver the completed portion and completing the structure. Another option for this case is to relocate the entire road temporarily around the site of the undercrossing, the structure is then built, and the road is relocated back over the structure.

Our design for Shaw is the second case, an undercrossing, as we are building a structure under the lanes we wish to keep open. As previously explained, we do not have enough room to construct the structure in segments and maintain public safety, so the other option would be building a temporary road to the south of the structure.

Alternative to Full Closure if Desired by Council

Instead of a full closure of Shaw, a second option for the Shaw construction between DeWolf and Leonard would include building a temporary road south of the undercrossing and parallel to Shaw for approximately one quarter mile. This option would allow through traffic on Shaw for the duration of the project and fulfills the goal requested, but it has some drawbacks. This option would cost an additional $1.5 million to construct, not including any additional right of way cost for the property to the west of
the Loma Vista Marketplace
needed to install the
temporary road. This option
would affect the developer’s
future phases on site and take
approximately 15 months for
construction. It must also be
pointed out that the Loma
Vista Marketplace access to
Shaw would still be prevented
for about 3 months to allow
the construction of the
frontage improvements
including utilities. The only
way to avoi d this is if the
developer installs the utilities
and constructs the easterly
portion of Shaw prior to the
development wanting Shaw
access.

Other options that have been
suggested is for the developer
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to work with the property owners to the west and constr uct Duncan Avenue or Loma Vista Parkway to connect the Marketplace to DeWolf with a local road.

To reconfirm, staff is bringing two options of moving forward with Shaw Construction due to the request by Loma Vista Marketplace to consider options to keep S haw open to traffic. The following options are:

1. Full closure of Shaw between DeWolf and Leonard Avenue for the construction of Shaw Avenue Improvements as currently planned.

2. Pursue a new design with a temporary road to maintain through traffic on Shaw during construction of the Shaw Avenue Improvements. If this alternative is selected a funding source for the additional cost will need to be provided for by the developer and the developer will need to agree to facilitate the right of way needed for the temporary road.

Staff is recommending Option 1, a full closure of Shaw as currently planned during construction of Shaw Avenue.

FISCAL IMPACT
The Shaw Widening project is funded by Regional Measure C. The $21 million in Measure C funding for the Shaw Aven ue construction between DeWolf and McCall has helped lower the cost of development fees for developers. The project is currently using all the Measure C funding with the project estimate that includes a full street closure during the construction of Shaw Avenue between DeWolf and Leonard Avenues. Since Measure C funding is supplanting development fees, any cost above the funding would need to be supported by developer funding.

REASON FOR RECOMMENDATION
Loma Vista Marketplace has requested that the City maintain full access of Shaw Avenue during construction of Shaw between DeWolf and Leonard Avenues. Staff has given options with the financial and schedule impacts and needs Council direction.

ACTIONS FOLLOWING APPROVAL
Staff will move forward with imple menting design and construction of Shaw Avenue to follow through with the intent of Council direction.

Prepared by: Thad Avery, City Engineer
David Merchen, City Planner

Reviewed by: City Manager JH
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AGENDA ITEM NO. 18.

Loma Vista Marketplace, L.P.

To: Council Members, City of Clovis
From: General Partners, Loma Vista Marketplace
Subject: Request for Agenda Item at next City of Clovis Council Meeting Agenda Request: We are asking that the City of Clovis keep Shaw Avenue open. We request the time to provide the background of the Loma Vista Marketplace development, review the impact of a full Shaw Avenue closure, and offer an alternative to Council that may not require a full closure of Shaw Avenue.

We are requesting that the Shaw expansion, when it occurs, be conducted in a way that would not require the closure of Shaw between DeWolf and Leonard. The Clovis Planning and Development Department notified us recently that Shaw will be closed for at least one year during the expansion of Shaw and construction of the tunnel for the Sanders Avenue undercrossing. The project start date is unknown and estimated duration is at least 2 years.

The closure of Shaw would be detrimental to the small business owners who have leased space to operate in the Loma Vista Center, the businesses that have leased space in Loma Vista Marketplace, and the Loma Vista Marketplace partners who have risked their own funds to build the Loma Vista Marketplace. It would delay or possibly shut down retail services for the 25,000+ residents who have recently moved into this area with the expectation of amenities following them and will be tremendously disappointing for the multitude of families who have long waited for more commercial services within the surrounding areas. The long- term closure of Shaw will impact economic development in the Loma Vista Center as developers and businesses lose trust in Clovis’ commitment to support economic development. Finally, it will reduce the additional revenues that will accrue to the City of Clovis as a result of the impact to the current development of Loma Vista Marketplace and the curtailment of planned developments within the Loma Vista Center. Because of these potentially devastating impacts, we respectfully request this item be added to the Agenda.

Background on Loma Vista Marketplace: The families who contributed their land into the Loma Vista Marketplace partnership owned this land long before Clovis’ master plan for the Loma Vista Center. We welcomed the City of Clovis’ vision for the Loma Vista Center – however the specific design with the umbrella curved roads and multiple land uses within 20- acre parcels made it impossible to sell or develop this land. The Clovis Planning and Development Department and the landowners had numerous conversations starting in the ATTACHMENT 1
Attachment 1
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AGENDA ITEM NO. 18.

2 early 2000s to improve the usability of the land so that the vision could be realized. Our primary concern was the umbrella curved roads which were made straight with an amendment to the master plan in 2017. Our other concern was the underground crossing intended to connect the two parks north and south of Shaw. However, we were not overly concerned about this as we, with good cause, assumed Shaw would remain open during construction and that this project would be completed before the center was open for business. We recommended that the Shaw expansion be phased with construction beginning from DeWolf and proceeding east – and the Planning and Development Department agreed with this recommendation.

Communications regarding Shaw Expansion: We formally began work with the City of Clovis on the Loma Vista Marketplace in 2018. We met with the Planning and Development Department numerous times from 2018 onwards as we worked on the site plans, building designs, construction scheduling, and leasing of the pads. We would often ask about the timing of the fire station, the park, and the Shaw expansion. The fire station is now complete, and the park is almost complete – both beautiful additions to Clovis. Staff would indicate that the Shaw expansion was progressing despite delays in securing eminent domain. There was never a mention of any closure of Shaw except perhaps that it might be closed for two to four weeks. We asked about access to the Loma Vista Marketplace center since this affects leasing, financing, and ultimately the success of tenants’ businesses. We first heard from the City regarding possible access issues around Loma Vista Marketplace on October 17, 2023.

We then learned in a meeting with the Planning and Development Department that 1) there was no specific date when the project would start due to continued issues with eminent domain, 2) the project would require at least one year to relocate utilities (assumably due to the scope of the tunnel project), and 3) the construction in Year 2 would shut down Shaw for at least one year. We were shocked! The Planning and Development Department confirmed this terrible news in an email on December 13, 2023.

Update on Loma Vista Marketplace: The Loma Vista Marketplace includes 20 acres at the Southwest corner of Leonard and Shaw. Phase I of the center includes 33,500 sf and this is completely leased. Businesses are working on their tenant improvements with many ready to open for business in early 2024. These businesses include Me-N-Eds, Dutch Bros., McDonalds, Panda, and more. Phase II has 121,000 sf with anchor tenants including Ross, Alta, and more. It may also include Tractor Supply Company. The City Planning and Development Department has been very collaborative and responsive on the Phase II Site Plan which should be complete in early January.

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AGENDA ITEM NO. 18.

3 Negative Impacts of Shaw Closure:

1. Impact to 25,000+ recent residents and surrounding families: reduced access to retail services for which these families have waited years and/or expected when they moved into these neighborhoods.

2. Impact to jobs created by the retail businesses moving into the Loma Vista Marketplace and the surrounding commercial developments.

3. Impact to small businesses: the small businesses that invested their life savings to start a business in these commercial centers would have impacted revenues that might jeopardize their business.

4. Impact to the realization of a vibrant Center: the closure of Shaw would delay by years the development of additional retail as commercial developers look to invest elsewhere (Planning and Development Departments’ current estimate would have the Shaw expansion completed in 2-5 years).

5. Reduced revenues to City of Clovis: Expected tax revenues from the Loma Vista Marketplace tenants would be $500,000 annually based upon $50,000,000 in sales.

Expected tax revenues from nearby commercial property owners would also be in jeopardy as land development would be delayed if Clovis plans to close Shaw.

Purported Cause for Shaw Closure: The Planning and Development Department suggests that the year-long closure of Shaw is due to the deep tunnel construction that doesn’t allow for lanes to remain open or lanes to be available at the side of the road. There are numerous examples of undercrossings built in Fresno and Clovis where the road remained open for traffic (such as construction of the State Route 168, State Route 41, and the BNSF grade separation at Shaw and Marks avenues).

Possible Solutions: First, there are ways to construct a tunnel in ways that the roads remain open. Clovis is known for its can-do abilities. We understand that a two to four week closure might be required. However, the design and construction planning should never have allowed for a complete year-long closure. Second, there are alternative designs like at-grade crossings that would cost the City less long term and would better fit the vision of the community crossing.

Respectfully,

Will Dyck, President
Philip Neufeld, General Partner
Loma Vista Marketplace
255
AGENDA ITEM NO. 18.

TO: Mayor and City Council
FROM: Administration
DATE: January 8, 2024
SUBJECT: Consider Approval - Res. 24-___, Awarding of Permanent Local Housing Allocation (PLHA) Affordable Housing Funds to the successful applicant, Central California Housing Corporation (dba Affordable Housing Development Corporation (AHDC)), and Better Opportunities Building, Inc. (B.O.B.), in the amount of up to $1,481,281, for the development o f affordable senior rental housing units.

Staff: Claudia Cazares, Management Analyst
Recommendation: Approve

ATTACHMENTS: 1. Resolution

2. Site Plan

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
Consider approving a resolution awarding of Permanent Local Housing Allocation (PLHA) Affordable Housing Funds to Central California Housing Corporation (dba Affordable Housing Development Corporation (AHDC)), and Better Opportunities Building, Inc. (B.O.B.), in the amount of up to $1,481,281, for the development of affordable senior rental housing units.

EXECUTIVE SUMMARY
The City of Clovis is the recipient of $1,559,243 in Permanent Local Housing Allocation (PLHA) entitlement funds from the State of California. City staff published a Request for Proposals in October 2023 for the allocation of PLHA funds and received two proposals. City staff proposes to award $1,481,281 of the allocated PLHA funds to the developer partnership between AHDC and BOB (Housing Authority’s development arm) for the development of 51 units of affordable senior rental housing at 135 Osmun (Osmun and Barron).

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AGENDA ITEM NO. 19.

BACKGROUND
The Building Homes and Jobs Act of 2017 (SB 2) was established to provide for a permanent, on-going source of funding to local governments for housing related projects and programs that assist in addressing unmet housing needs in local communities. The Act established a $75 recording fee on real estate documents to increase the supply of affordable housing in California.

The funds are allocated annually by the state of California , and the $1.5M in PLHA funds represents three years’ worth of PLHA entitlement allocation for Clovis, as follows.

Allocation
Years
PLHA Award
Amount
Year 1 $ 365,609.00
Year 2 $ 568,270.00
Year 3 $ 625,364.00
TOTAL $ 1,559,243.00

A total of $77,962 of the allocated PLHA funds (5% of the total) is available to help pay for City administrative expenses. The balance of $1,481,281 is available for award to an afforda ble housing development.

City staff published a Request for Proposals on September 27, 2023, for the allocation of PLHA funds. Two proposals were received. City staff is recommending an award of $1,481,281 in PLHA funds to the 135 Osmun development as pro posed by Affordable Housing Development Corporation (AHDC) and Better Opportunities Builder Inc. (BOB).

The development proposes construction of 51 units of affordable housing units restricted to those 62 years of age and over, to be located at 135 Osmun (see Attachment 2 – Site Plan).

If PLHA funds are approved for award, City staff will return at a subsequent Council meeting date for Council approval of the Development Agreement for the use of PLHA funds at the 135 Osmun development.

FISCAL IMPACT
A total of $1,559,243 in PLHA funds are available in the 2023-2024 Budget.

REASON FOR RECOMMENDATION
Timely award and expenditure of PLHA funds are required by the State of California. The recommended action will help the City meet HCD’s requirements for fun ding allocation and expenses.

ACTIONS FOLLOWING APPROVAL
Staff will propose City Council approve a Development Agreement for PLHA funds for the 135 Osmun Avenue development at either the January 16 or February 5, 2024, City Council Meeting.

Prepared by: Claudia Cazares, Management Analyst

Reviewed by: City Manager JH
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AGENDA ITEM NO. 19.

Attachment 1
RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS AWARDING

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM FUNDS FOR THE 135 OSMUN SENIOR HOUSING DEVELOPMENT PROJECT

WHEREAS, the City of Clovis is an entitlement city for the purpose of receiving Permanent Local Housing Allocation (PLHA) Program funds from the State of California as funding through the Building Homes and Jobs Act of 2017 (SB2); and

WHEREAS, the City has received a total of $1,559,243 of PLHA funds in the 2019, 2020 and 2022 allocation years, of which $77,962 will be allocated by the City for City administrative expenses, and $1,481,281 of which is available to be awarded by the City to an eligible development project; and

WHEREAS, on September 27, 2023 , the City of Clovis issued a duly noticed Request for Proposals for the use of PLHA Development Project funds.

NOW, THEREFORE, BE IT RESOLVED that the City of Clovis approves the awarding of the PLHA Program Funds to Central California Housing Corporation (dba Affordable Housing Development Corporation (AHDC)), and Better Opportunities Building, Inc. (B.O.B.), in the amount of up to $1,481,281, for the development of affordable senior rental housing units at 135 Osmun; and

BE IT FURTHER RESOLVED, a separate but related Development Agreement will be brought forth to City Council at a subsequent Council meeting for review and approval in regard to the use of PLHA Program funds.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held January 8, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: January 8, 2024

_______________________________ _____________________________ Mayor City Clerk

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MB
17' 17'
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BARON AVE

PHILLIP AVE
DW
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OFFICE
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/Volumes/CADD COMMON/JOBS/223031 ArchiCAD - Osmun St-Clovis/223031 PLN/223031 - Osmun St - Clovis.pln- Printed: Wednesday, November 22, 2023; 10:58 AM 1135 Osmun Avenue, Clovis
Site Plan 11/22/23
Attachment 2
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