CITY OF FAIRFIELD
CITY COUNCIL
MEETING AGENDA
Tuesday, January 21, 2025, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428-7400.
For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number: (707) 399-4010.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live. The public may join the meeting via Zoom at:
https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 638-0968, Webinar ID: 890 6021 3840, Passcode: 7074287400 Pages
A. CALL TO ORDER 6:00 PM
B. ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Manveer Sandhu
Councilmember Scott Tonnesen
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
C. INVOCATION - PASTOR CHRISTIAN BRAVO - LIBERTY CHURCH D. PLEDGE OF ALLEGIANCE
E. COUNCIL REPORTS
F. CITY MANAGER REPORT
G. CITY ATTORNEY REPORT
H. CITY CLERK REPORT
I. PRESENTATIONS
I.1 Proclamation Declaring Martin Luther King Jr. Day Presented by Councilmember K. Patrice Williams
I.2 Proclamation Declaring Lunar New Year Presented by Councilmember Manveer Sandhu
I.3 Proclamation Declaring National Slavery & Human Trafficking Awareness Month Presented by Mayor Catherine "Cat" Moy
J. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back To the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.
K. CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
Recommended Action:
To approve the consent calendar.
K.1 Approval of Meeting Minutes for December 2024 8
Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
Recommended Action:
Approve the meeting minutes.
K.2 Resolution 2025-01 CD Purchase and Sale Agreement 2250/2256 N. Texas Street
23 Approving and Authorizing the Execution of the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Fairfield and Patrick M. Lively for the Property Located at 2250 and 2256 N Texas Street Located in Solano County, California and Authorizing an Update to the Fiscal Year 2024-2025 Budget
Funding Source: $1,800,000 ($1,300,000, AB1600; $500,000, Intergovernmental Services Fund)
Contact: Jennifer Rice, (707) 428-7727
Recommended Action:
Adopt resolution.
K.3 Resolution 2025-02 CD Purchase and Sale Agreement for Mankas Corner Holdings
44 Approving and Authorizing the Execution of the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Fairfield and Mankas Corner Holdings, LLC for the Approximately 3,612 square foot portion of the Property Commonly Known as 3305 Cherry Hills Court Property Located in Solano County, California Property Located in Solano County, California Funding Source: N/A
Contact: Jennifer Rice, (707) 428-7727
Recommended Action:
Adopt resolution.
K.4 Resolution 2025-03 CD Amending Budget for Intergovernmental Services Fund 65 Amending the Budget for the Intergovernmental Services Fund Funding Source: $194,948; Intergovernmental Services Fund Contact: David Zellers, (707) 428-7436
Recommended Action:
Adopt resolution.
K.5 Resolution 2025-04 PD Edward Byrne Memorial Justice Assistance Grant Program
68
Authorizing the City Manager to Execute the Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation Funding Source: $132,778; Special Programs Fund
Contact: Dan Marshall, (707) 428-7374
Recommended Action:
Adopt resolution.
K.6 Resolution 2025-05 PW Purchase and Install Cellular Routers and Automatic Vehicle Announcement System Equipment
75 Authorizing the City Manager to Purchase and Install Wireless Devices and Automatic Vehicle Announcement System Equipment for Transit Buses Funding Source: $270,087; Public Works Transportation Enterprise Fund Contact: Ron Bremer, (707) 434-3823
Recommended Action:
Adopt resolution.
K.7 Resolution 2025-06 PW West Texas Street Gateway Improvements Acceptance 103 Accepting the West Texas Street Gateway Improvements Project as Complete Funding Source: N/A
Contact: Roger Dunham, (707) 428-7478
Recommended Action:
Adopt resolution.
K.8 Resolution 2025-07 PW Fairfield-Vacaville Hannigan Train Station Parking Lot Contract
106
Approving the Plans and Specifications and Awarding a Contract to Mountain Cascade Inc. for the Fairfield -Vacaville Hannigan Train Station Parking Lot Project and Authorizing an Update to the Fiscal Year 2024-2025 Budget Funding Source: $2,335,000 ($2,300,000 Capital Streets Fund; $35,000 SB 1) Contact: Phil Layoso, (707) 428-7505
Recommended Action:
Adopt resolution.
K.9 Resolution 2025-08 PW Suisun City Fire Maintenance Memorandum of Understanding
112
Authorizing the City Manager to Execute a Memorandum of Understanding with Suisun City to Provide Fire Vehicle Maintenance and Repairs Funding Source: N/A
Contact: David Renschler, (707) 428-7414
Recommended Action:
Adopt resolution.
K.10 Resolution 2025-09 PW Community Facilities District 2012-2 Annexation 70 131 Declaring its Intention to Annex Territory (StoragePRO RV Parking) to Community Facilities District No. 2012-2 and Authorizing the Levy of Special Taxes Therein for Annexation No. 70
Funding Source: N/A
Contact: Valerie Standfill, (707) 428-7055
Recommended Action:
Adopt resolution.
K.11 Resolution 2025-10 FN Fiscal Year 2023-24 Comprehensive Financial Report 149 Approving the City’s Fiscal Year 2023-24 Annual Comprehensive Financial Report and the Draft Schedule of Expenditures for Federal Awards Report Funding Source: N/A
Contact: John Furtado, (707) 428-7629
Recommended Action:
Adopt resolution.
K.12 CM Fairfield-Suisun Sewer District Appointments 228 Minute Action Approving Mayor’s Appointment for the Fairfield-Suisun Sewer District
Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
L. NEW BUSINESS
L.1 CM Poet Laureate Appointment 230
Minute Action Approving Mayor’s Appointment for the Poet Laureate Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
Recommended Action:
Approve appointment. Perform oath of office.
L.2 Resolution 2025-11 CD City Sponsored Special Events Calendar 232 Adopt City-Sponsored Special Events for the 2025 Calendar Year Funding Source: N/A
Contact: Yee-Lynn Wong, (707) 428-7449
Recommended Action:
Adopt resolution.
L.3 Resolution 2025-12 Retired Annuitant City Manager's Office 236 Allowing the City of Fairfield to Hire Whitney Skillman as a Communications Supervisor Retired Annuitant Without a Six-Month Break in Service Funding Source: $67,718; General Plan
Contact: Farbod Pirouzmand, (707) 428-7397
Recommended Action:
Adopt resolution.
L.4 Resolution 2025-13 HR Retired Annuitant Public Works 241 Allowing the City of Fairfield to Hire Diane Feinstein as a Transportation Manager Retired Annuitant Without a Six-Month Break in Service Funding Source: $84,586; Transportation Enterprise Fund Contact: Farbod Pirouzmand, (707) 428-7397
Recommended Action:
Adopt resolution.
M. PUBLIC HEARINGS
M.1 Resolution 2025-14 HD Danco Homes, LLC Allocation of Local Housing Trust Funds and Resolution 2025-15 First Amendment Community Development Block Grant
245
Approving the Allocation of Local Housing Trust Funds to Danco Homes, LLC. for the Acquisition and Redevelopment of Permanent Supportive Housing in the City of Fairfield
and Approving the First Amendment to the Fiscal Year 2024-2025 Community Development Block Grant Annual Action Plan and the Fiscal Year 2023-2022 Consolidated Annual Progress Evaluation Report
Funding Source: $249,866; Community Development Block Grant Fund and $1,000,000; Local Housing Trust Fund
Contact: LaTanya Terrones, (707) 428-745
Recommended Action:
Hold public hearing and adopt resolutions.
N. ADJOURN
ADJOURN TO TUESDAY, FEBRUARY 4, 2025, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.
PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, January 15, 2025.
Agenda Item No: K.1
AGENDA REPORT
DATE: January 21, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Approval of Meeting Minutes for December 2024
Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
RECOMMENDED ACTION
Approve the meeting minutes.
STATEMENT OF ISSUE
Minutes need approval by the City Council.
DISCUSSION
The City Council Minutes for December 2024 have been approved by the city attorney and need council approval.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes which will result in bringing this item back at a future date.
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]
ATTACHMENTS
Attachment 2: 2024-12-03 Closed Session Minutes
Attachment 3: 2024-12-03 City Council Minutes
Attachment 4: 2024-12-12 Closed Session Minutes
Attachment 5: 2024-12-17 City Council Minutes
CITY OF FAIRFIELD
CLOSED SESSION MEETING
SPECIAL MEETING
TUESDAY, DECEMBER 3, 2024; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM
MINUTES
CALL TO ORDER
Vice Mayor Pam Bertani called the meeting to order at 5:02 p.m. City Attorney David Lim called roll.
Present in person were Councilmembers Doug Carr, Doriss Panduro (arrived 5:06 PM), Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, and Mayor Cat Moy (arrived 5:09 PM). Vice Mayor Pam Bertani was absent.
No persons wished to speak in person or via Zoom at public comment.
The City Council went into closed session on Item #1:
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code section 54956.9) Workers Compensation Claim by Brent Pucci
Claim Nos. FFL1900048 and FFL1700015
Present were City Manager David Gassaway, City Attorney David Lim, City Staff members Angela Broaddus and Farbod Pirouzmand, Police Captain Brad Collins, Police Chief Dan Marshall (Zoom), and Attorney Shannon Ripple (Zoom).
The City Council went into closed session on Item #2:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) Property: 2250 and 2256 North Texas Street (PAL Building) (City of Fairfield) – APN’s: 0034-144-140 & 0034-130-010
Agency negotiator(s): Jennifer Rice, David Gassaway, Brad Collins, and Dan Marshall Negotiating parties: Patrick Lively
Under negotiation: Price and Terms of Payment
Present were City Manager David Gassaway, City Attorney David Lim, City Staff members David Zellers and Jennifer Rice (Zoom), Police Captain Brad Collins, and Police Chief Dan Marshall (Zoom).
The City Council came out of closed session.
Vice Mayor Bertani adjourned the meeting at 5:34 p.m.
______________________________
City Attorney
________________________________
Vice Mayor
CITY OF FAIRFIELD
CITY COUNCIL
MEETING AGENDA
Tuesday, December 3, 2024, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
A. CALL TO ORDER by Mayor Catherine “Cat” Moy at 6:04 p.m.
B. ROLL CALL
Councilmembers Doug Carr, Councilmember Doriss Panduro, Councilmember Scott Tonnesen, Councilmember Rick Vaccaro, Councilmember K. Patrice Williams, and Mayor Catherine "Cat" Moy. Vice Mayor Pam Bertani was absent.
C. INVOCATION – Pastor Jeff Hood of First Baptist Church
D. PLEDGE OF ALLEGIANCE – led by Eagle Scout Lucas Pace
E. COUNCIL REPORTS
Councilmember Williams spoke about her father dying on Thanksgiving of 2013 and her son Isaiah, who died in a motorcycle accident at age 26 four years ago. She talked about her grief and the importance of mental health and self-care.
Councilmember Tonnesen had nothing to report.
Councilmember Vaccaro shared that during the holiday season, he always thinks of those in the underserved community who need clothing and food, especially at-risk kids. He said he hopes people will donate to charities that help th ose in need . He reported that he attended a reception for newly elected California State Senator (District 3) Christopher Cabaldon, who won the election and will fill the seat of retired State Senator Bill Dodds.
Councilmember Panduro reported that she participated in the 16th Annual Solano Turkey Trot on Thanksgiving last week, which was a beautiful day in Suisun Valley. The proceeds from the race benefit the Suisun Kroc Center and Meals on Wheels. She said it’s a fun charity event and that it’s nice to exercise before indulging in a turkey dinner!
Councilmember Carr shared that he would miss Councilmember Vaccaro very much and thanke d him for his leadership and wise advice. He invited the community to attend the Tree Lighting in Downtown Fairfield on December 6 at 6 p.m.
Mayor Moy recognized Eagle Scout Lucas Pace and the entire Pace family, who have been very involved in local Scouting for the past ten years. The Pace family has another son and a daughter, who have also earned the Eagle Scout rank. Lucas spoke about his project, building a shade structure for animals at the local SPCA.
F. CITY MANAGER REPORT – David Gassaway reported that the City is using a new agenda management system, eScribe, as the former system is phasing out support. He noted that the numbering system is different in the new agenda management system – a combination of letters A-Z and numbers (not just numbers). He stated there were no changes to the agenda. He thanked the Information Technology Department and City Clerk’s Office for their excellent work in getting it up and running so quickly.
G. CITY ATTORNEY REPORT – David Lim had nothing to report
H. CITY CLERK REPORT – Karen Rees reported that the Registrar of Voters Office had certified the November 5, 2024, General Election Results and that the following individuals were elected:
City Council – Scott Tonnesen for District 2; Pam Bertani for District 4, and Manveer Sandhu for District 6. Arvinda Krishnan was re-elected as City Treasurer, and she was re-elected as City Clerk (they both ran unopposed, as did Councilmember Tonnesen. The new elected officials will be sworn in at the next Council meeting on December 17, 2024.
I. PRESENTATIONS
I.1 Recognition of Sister City Exchange Students visiting from Nirasaki, Japan by Anna Guiles, Assistant to the City Manager. The six students, along with two chaperones, introduced themselves and thanked everyone for their kindness.
J. PUBLIC COMMENTS
Bryan Lynch spoke about Fairfield ambassadors.
Nadeen Roach spoke about the problematic feral cat population on her street, Baltic Court.
Ron Turner offered his services as a Black Santa, now that he is retired!
K. CONSENT CALENDAR
K.1 Resolution 2024-272 PW Purchase of Specialized Valves Suspending Competitive Bidding and Authorizing the City Manager to Purchase Specialized Valves for the Waterman Water Treatment Plant from Frank Olsen Company
K.2 Resolution 2024-273 PW Heart of Fairfield Phase 2 Design Agreement Gates + Associates Authorizing the City Manager to Execute a Professional Services Agreement with Gates + Associates Landscape Architects to Provide Design Services for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 2
K.3 Resolution 2024-274 PW Heart of Fairfield Streetscape Contract Ghilotti Bros.
Approving Plans and Specifications and Awarding a Contract to Ghilotti Bros. Inc., For the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements
K.4 Resolution 2024-275 PW Hale Ranch Water Main Replacement Amendment Carollo Engineers Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement Between the City of Fairfield and Carollo Engineers Inc. for Professional Engineering Services for On -Call Design Services to Provide Design Services for the Hale Ranch Road Transmission Main Replacement Project and Authorizing an Update to the Fiscal Year 2024-2025 Budget
K.5 Resolution 2024-276 PW Neighborhood J-K2 Subdivision Improvement Agreement Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Canon Station Planning Area 5 – Neighborhood J & K-2 Subdivision
K.6 Ordinance 2024-10 CD 6th Amendment Train Station Specific Plan Second Reading and Adoption of Ordinance 2024 -10 Approving the Sixth Amendment to the Amended and Restated Development Agreement Between the City of Fairfield and Canon Partners LLC Regarding Land in the Train Station Specific Plan Area
K.7 Resolution 2024-277 CM City Council Handbook Adopting Updates to the 2024 City Council Handbook Funding Source: N/A
Consent Calendar – Moved by: Tonnesen
Seconded by: Vaccaro - Unanimous (6-0)
L. NEW BUSINESS
L.1 Unsheltered Street Outreach and Tenancy Support Services Presentation and Direction
Homeless Services Manager Samantha Burrows gave a presentation, along with Executive Director of Change and New Beginnings (CAN -B), Kari Rader, and Program Director - Resource Connect Solano (which is a subset of Caminar) De Andre Richard.
Council received the report and directed staff to move forward with the recommended provider selections. The contract for Unsheltered Outreach Services will be brought to December 17, 2024, council meeting for approval, and Tenancy Support Services contract estimated to be brought to council for final approval in January 2025.
L.2 Resolution 2024-278 HR Deferred Compensation Committee Charter Approving the Charter of the City of Fairfield Defined Contribution Retirement Plan Committee and Delegating Duties and Responsibilities over City-Sponsored Retirement Benefit Plans
Human Resources Director Farbod Pirouzmand presented the item. There were no requests to speak.
Moved: Tonnesen
Seconded: Vaccaro (6-0) Unanimous
M. PUBLIC HEARINGS
M.1 Resolution 2024-279 PW Energy Performance Contract Willdan Energy Solution Making Findings Required Under Government Code Section 4217.10 to 4217.18; Authorizing the City Manager to Enter into an Energy Savings Performance Contract with Willdan Energy Solutions for Efficiency and Infrastructure Improvement Projects; Authorizing Staff to Negotiate a Financing Plan Not -to-Exceed $23,000,000; Updating the 5-Year Capital Improvement Plan to Include the Energy Conservation Project – Phase 1; and Authorizing an Update to the Fiscal Year 2024-2025 Budget
Public Works Senior Management Analyst Marisa Cumpian recommended to Council that it open the public hearing and approve Resolution 2024-279.
Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.
Moved by: Vaccaro
Seconded by: Panduro - Unanimous (6-0)
M.2 Resolution 2024-280 CD Cannabis Retail Business Permit Rescinding Approving Issuance of a Commercial Cannabis Retail Business Permit to Authentic Fairfield LLC
Director of Economic and Community Development Dave Zellers, Director of Economic and Community Development recommended to Council that it open the public hearing and hear the item.
Mayor Moy opened the public hearing. Joshua Lewis, Tak Sato, Glenn Loveall, Cyrus Pai, Ron Turner, and Authentic Fairfield Attorney Nicole Phillips spoke on the item. Mayor Moy closed the public hearing.
City Attorney David Lim made a statement that he felt it was his duty to inform the Council that Ms. Phillips has made a threat of litigation and that the City Council has the right to seek legal counsel in a closed session. He was not prepared to give an analysis that evening but could do so in a closed session. Mayor Moy agreed with Mr. Lim’s recommendation.
Mayor Moy made a motion to receive more information from counsel before voting on this item. There was no second, so the motion died.
Councilmember Williams made a motion to continue the public hearing and to receive legal counsel in a closed session. The motion was seconded by Councilmember Carr. Motion carried 4-2 with Councilmembers Tonnesen and Vaccaro voting no.
Attorney Lim recommended that the closed session be held on January 21, 2025, with the continued hearing to be held in February 2025. Attorney Phillips and Mayor Moy concurred, with Attorney Phillips agreeing on the record that the continuance of this matter to February satisfied any due process concerns by Authentic regarding notice of the hearing.
M.3 Resolution 2024-281 CD General Plan Update
Certifying a Final Environmental Impact Report (ER2024 -043); Adopting Findings, a Statement of Overriding Considerations, and Mitigation Monitoring Program Related to the Final Environmental Impact Report; and Adopting the Fairfield Forward 2050 project, Consisting of Repealing Certain Elements of the General Plan, Adoption of Certain Elements of the General Plan, and Adopting of a Climate Action Plan
Associate Planner Jesse Hernandez recommended to Council that it open the public hearing and approve Resolution 2024.281.
Mayor Moy opened the public hearing. Solano County Supervisor Monica Brown, Bob Karn, and Jeann McDougald spoke on the item. Mayor Moy closed the public hearing.
Moved by: Vaccaro
Seconded by: Carr – Unanimous (6-0)
N. ADJOURNED AT 9:07 P.M. TO TUESDAY, DECEMBER 17, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
_______________________________________
City Clerk
________________________________
Mayor
CITY OF FAIRFIELD
CLOSED SESSION MEETING
SPECIAL MEETING
TUESDAY, DECEMBER 12, 2024; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM
MINUTES
CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 5:02 p.m. City Manager David Gassaway called roll.
Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams (who arrived at 5:10 p.m.), Vice Mayor Pam Bertani (via Zoom), and Mayor Cat Moy were present in person.
No persons wished to speak in person or via Zoom at public comment.
The City Council went into closed session on Item #1:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager David Gassaway
Present was City Manager David Gassaway and Ms. Janette Williams.
The City Council came out of closed session.
Mayor Moy adjourned the meeting at 6:29 p.m.
______________________________
City Attorney
________________________________
Mayor
1 CITY OF FAIRFIELD
CITY COUNCIL MINUTES
December 17, 2024, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
_____________________________________________________________________ A. CALL TO ORDER
Mayor Catherine "Cat" Moy called the meeting to order at 6:00 pm.
B. ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, and K. Patrice Williams; Vice Mayor Pam Bertani, and Mayor Moy.
C. INVOCATION
The invocation was given by Pastor Anthony Gilmore of Bethel Community Church.
D. PLEDGE OF ALLEGIANCE
The Pledge was led by Councilmember Vaccaro.
E. PRESENTATIONS
E.1 A Proclamation thanking Councilmember Vaccaro for his dedicated s ervice to Fairfield was presented by Mayor Moy.
E.2 Deputy Chief of Staff Debbi Gibbs of Congressman John Garamendi’s Office presented a Congressional Commendation to Councilmember Vaccaro.
Raymond Courtemanche spoke on behalf of himself and his wife, Teresa Courtemanche (who was stuck in traffic) to thank Councilmember Vaccaro for stepping up in 2008 to fill the council seat of their late son, Matt Garcia, after he was tragically murdered on September 1 of that year.
F. COUNCIL REPORTS
Each councilmember spoke fondly of Councilmember Vaccaro and thanked him for being a voice of calm and reason and for his leadership on the Council for the past 16 years. They shared how much he would be missed and wished him well in his retirement.
Councilmember Vaccaro thanked everyone for their positive comments and thanked his family, wife Sue, son Nick, daughter Francesca, and her husband, Luke, and their three children Mason,
2 Ella, and Mia. Rick said how much he looked forward to having more time with his family, especially his grandkids.
G. CONSENT CALENDAR
G.1 Resolution 2024-282 CM Declaring the Results of the November 5, 2024, General Election
Moved by: Tonnesen
Seconded by: Bertani – 7-0 (unanimous)
No requests to speak.
H. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Pastor Gilmore administered the Oath of Office to Councilmember Pam Bertani.
Police Lt. Jausiah Jacobsen administered the Oath of Office to Councilmember Scott Tonnesen.
California Senator Christopher Cabaldon administered the Oath of Office to Councilmem ber Manveer Sandhu.
Deputy City Clerk Esther Beavers administer ed the Oath of Office to City Clerk Karen Rees and City Treasurer Arvinda Krishnan.
I. ADJOURNED THE MEETING AT 6:55 PM.
J. RECONVENED THE MEETING OF THE CITY COUNCIL AT 7:05 PM.
K. ROLL CALL - NEWLY ELECTED COUNCILMEMBERS
On roll call were Councilmembers Doug Carr, Doriss Panduro, Manveer Sandhu, Scott Tonnesen, and K. Patrice Williams; Vice Mayor Pam Bertani, and Mayor Moy.
L. SELECTION OF VICE MAYOR
Mayor Moy made a motion to continue to have Pam Bertani serve as Vice Mayor. Councilmember Williams seconded the motion. (7-0) Unanimous
M. COUNCIL REPORTS
Councilmember Williams thanked staff for coordinating another successful Operation Santa in various neighborhoods throughout Fairfie ld. She committed that she and her colleagues would help spread the word next year so that even more children could be served. La stly, s he congratulated new Councilmember Sandhu and said he was a welcome addition to the City Council. She looks forward to working with him.
Councilmember Tonnesen enjoyed the Christmas Tree Lighting event and shared that it was the best-attended event in years. He also participated in the Coat and Toy Giveaway at Bethel Community Church on December 14 and thanked everyone who donated and helped.
3 Councilmember Carr shared that he also enjoyed the Christmas Tree Lighting event and he welcomed Councilmember Sandhu.
Councilmember Panduro thanked Police Lt. Kresha, who helped create Operation Santa, and the staff who are involved each year in delivering coats, toys, and joy to various neighborhoods. She said she was happy to see they had a Spanish-speaking Santa again this year. She thanked Dutch Bros., who generously donated hot chocolate for each stop . She wished outgoing Fairfie ld Poet Laureate Suzanne Bruce well and said she enjoyed translating and reading her poems in Spanish at the various events over the past two-and-a-half years.
Vice Mayor Bertani wished everyone Happy Holidays and said to take care of your health, as there are many viruses and germs circulating in the community.
Councilmember Sandhu stated he was looking forward to attending the 2025 NorCal Mayors and Councilmembers Academy with City Manager David Gassaway and others in late January 2025.
Mayor Moy thanked Public Works staff for their hard work and efforts during the recent rainstorms that caused local flooding . She attended the Kiwanis Holiday Breakfast with Santa event at Applebee’s for foster children , and the LOGIC Ministries toy and coat giveaway even t held at the mall in a vacant store (due to the rain). Lastly, she and several colleagues attended the Nirasaki Sister City farewell party for the exchange students who visited from Japan.
N. CITY MANAGER REPORT
City Manager Gassaway shared that he enjoyed the Nirasaki and all the logistics associated with their arrival and departure. He invited the community to attend the Menorah Lighting in downtown on December 26 at 5:30 p.m.
O. CITY ATTORNEY REPORT
City Attorney David Lim reported that in closed session on December 3, 2024, Council approved a Settlement and Compromise and Release in a Workers Compensation Appeals Board matter for Brent Pucci on December 13, 2024, Case No. ADJ10582477 and Case No. ADJ12277238, which is accessible on the Workers Compensation and Appeals Board website for the State of California.
P. CITY CLERK REPORT – no report
Q. PUBLIC COMMENTS – none
R. CONVENED JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY AT 7:30 PM.
City Clerk Rees read the following statement: The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.
S. HOUSING AUTHORITY - PUBLIC HEARING
S.1 Resolution HA2024-05 HD Administrative Plan Update
4 Approving the Update of the Administrative Plan for the Fairfield Housing Choice Voucher Program for the Calendar Year 2025
Tanya Tran, Housing Division Manager, gave a presentation.
Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.
Moved by: Panduro
Seconded by: Bertani (7-0, unanimous)
T. RECONVENED MEETING OF THE CITY COUNCIL AT 7:33 PM
U. CONSENT CALENDAR
Item U.2 was pulled by Monica Brown and considered separately.
U.2 Resolution 2024-283 CM Unsheltered Street Outreach Services Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Fairfield and Change and New Beginnings to Provide Unsheltered Street Outreach Services.
Monica Brown spoke on Item U.2.
Moved by: Tonnesen
Seconded by: Carr (7-0, unanimous)
The City Council considered the remainder of the Consent Calendar U.1 Approval of Meeting Minutes for November 2024
U.3 Resolution 2024-284 PR Parks, Recreation, Open Space Master Plan U.4 Resolution 2024-285 IT Renewal Agreement Environmental Systems Research Institute
U.5 Resolution 2024-286 PW Transit Automated Vehicle Agreement Swiftly U.6 Resolution 2024-287 PW Energy Block Grant Voucher Program U.7 Resolution 2024-288 PW Landscape Maintenance - Community Parks Contract New Image
U.8 Resolution 2024-289 PW Landscape Maintenance - Landscape Lighting Maintenance Districts 8,3,6 Contract New Image
U.9 Resolution 2024-290 PW Landscape Maintenance - Landscape Lighting Maintenance District 12 Contract New Image
U.10 Resolution 2024-291 PW Linear Park Node 4A Award
U.11 Resolution 2024-292 PW Traffic Signal Improvements Clay Bank & Gulf Acceptance
5 U.12 Resolution 2024-293 PW North Bay Regional Water Treatment Expansion Program
U.13 Resolution 2024-294 PW Cordelia Library Maintenance Fund Budget Adjustment
U.14 Resolution 2024-295 PW Comprehensive Operational Analysis Amendment Innovate Mobility
Consent calendar was Moved by: Bertani, excluding Item U.2.
Seconded: Carr (7-0, unanimous)
V. NEW BUSINESS
V.1 Resolution 2024-296 FD Ambulance Services Tentative Agreement Medic Ambulance
Approving a Tentative Agreement with Medic Ambulance Services, Inc. to Become the City of Fairfield’s Subcontractor for Advanced Life Support Ambulance Transport Services in Response to Solano County’s Request for Proposal for Exclusive Operating Area Rights for Medical Transport Services
Fire Battalion Chief Donny Biro gave a presentation. There were no requests to speak.
Moved by: Tonnesen
Seconded by: Bertani (7-0, unanimous)
City Manager Gassaway asked if Councilmembers would agree that if any agency does not wish to join the Joint Exercise of Powers Agreement (JEPA), staff could prepare the Request for Proposal (RFP) modifying it to exclude such agency or agencies. Every Councilmember agreed that yes, staff should move forward with the process.
W. PUBLIC HEARINGS
W.1 Resolution 2024-297 PW Rockville Entrance Fee Increase Approving an Increase and Establishing New Fees for the Rockville Hills Regional Park Entrance Fee Schedule
David Gassaway gave a presentation.
Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.
Moved by: Tonnesen
Seconded by: Carr (7-0, unanimous)
X. ADJOURNED MEETING AT 7:50 PM TO JANUARY 17, 2025, AT THE HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
6 Mayor City Clerk
Agenda Item No: K.2
AGENDA REPORT
DATE: January 21, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-01 CD Purchase and Sale Agreement 2250/2256 N. Texas Street
Approving and Authorizing the Execution of the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Fairfield and Patrick M. Lively for the Property Located at 2250 and 2256 N Texas Street Located in Solano County, California and Authorizing an Update to the Fiscal Year 2024-2025 Budget
Funding Source: $1,800,000 ($1,300,000, AB1600; $500,000, Intergovernmental Services Fund)
Contact: Jennifer Rice, (707) 428-7727
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Patrick M. Lively owns the parcels located at 2250 and 2256 N Texas Street (APNs 0034-144-140 and 0034-130-010) (collectively “the Property”) and the City is requesting approval to enter into a purchase and sale agreement with Patrick M. Lively for the sale of the Property.
DISCUSSION
The City currently leases the Property from Patrick M. Lively to operate the PAL Youth Center.
The City now wishes to purchase the Property for the continued use of the PAL Youth Center, and Patrick M. Lively wishes to sell the Property to the City.
City staff drafted the proposed Purchase and Sale Agreement and Joint Escrow Instructions (Purchase Agreement) for Patrick M. Lively to review and approval. Patrick M. Lively completed his review and executed the Purchase and Sale Agreement.
Both the City and Patrick M. Lively would now like to enter into the Purchase Agreement for the transfer of the Property.
FINANCIAL IMPACT
The property would require an increase in appropriations of $1,800,000 to the Capital Building Fund (Fund 254). The purchase will be utilizing AB1600 Government Facilities Funds (Fund 262) in the amount of $1,300,000 and Intergovernmental Services Funds (Fund 551) in the amount of $500,000 totaling the Purchase Price of $1,800,000.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The city council may choose to modify the proposed Purchase and Sale Agreement.
COORDINATED WITH
City Attorney’s Office, Finance, Police Department
STAFF CONTACT
Jennifer Rice, Real Estate Specialist II
(707) 428-7727
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
CITY OF FAIRFIELD
RESOLUTION NO. 2025-01
APPROVING AND AUTHORIZING THE EXECUTION OF THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY AND PATRICK M. LIVELY FOR THE PROPERTY LOCATED AT 2250 & 2256 N TEXAS STREET LOCATED IN SOLANO COUNTY, CALIFORNIA AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET
WHEREAS, Patrick M. Lively is the owner of the parcels located at 2250 & 2256 N Texas Street, APNs 0034-144-140 and 0034-130-010 (collectively “the Property”); and
WHEREAS, the City wishes to purchase the Property for the continued use of the PAL Youth Center; and
WHEREAS, the City and Patrick M. Lively wish to enter into a Purchase and Sale Agreement and Joint Escrow Instructions (Purchase and Sale Agreement) to transfer the Property; and
WHEREAS, Patrick M. Lively reviewed, approved, and executed the Purchase and Sale Agreement; and
WHEREAS, funding was not allocated for this project in the City’s approved Fiscal Year (FY) 2024- 2025 Budget, thus requiring a budget adjustment of $1,800,000 to Capital Building Fund (Fund 254) to be funded from the AB1600 Government Facilities Fund (Fund 262) in the amount of $1,300,000 and the Intergovernmental Services Fund (Fund 551) in the amount of $500,000; and
WHEREAS, the revised appropriation constitutes an update to the FY 2024 -2025 Budget approved pursuant to Resolution No. 2023-149.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council hereby approves the Purchase and Sale Agreement by and between the City of Fairfield and Patrick M. Lively for the Property, as attached hereto, with minor or clarifying revisions as may be approved by the city attorney.
Section 2. The city manager or designee is hereby authorized to do all things necessary and proper to implement the above -mentioned transaction including executing any documents needed to manage and maintain the Property.
Section 3. The council hereby approves a budget amendment of $1,800,000 to increase appropriations to the Capital Building Fund (Fund 254) to be funded from the AB1600 Government Facilities Fund (Fund 262) in the amount of $1,300,000 and the Intergovernmental Services Fund (Fund 551) in the amount of $500,000.
RES. NO. 2025-01
PASSED AND ADOPTED this 21st day of January 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (the "Agreement") is datcd as of2025 ("Effective yer") and Patrick M. Dlte"), and is entcred into by and bctween thc CITY OF FAIRFIELD ("Bu Lively ("Seller").
RECITALS
A. Seller is the owner of the properties dcscribed on Exhibit "A" attached hereto (collectively "the Property"),
B. Buyer wishes to acquire the Property. and Sellcr is willing to sell the Property to Buyer, upon and subject to the terms and conditions hereinafter set forth.
NOW, THEREF'ORE, thc parties hereto agrtc as follows:
ARTICLE I. DEFTNITIONS
Thc following capitalizcd terms as uscd in this Agrccmcnt shall havc thc rcspective meanings set forth below:
Section l.l Approvat Noticc means the writtcn notice provided by the Buyer to Escrow Holdcr stating that Buycrapprovcs any documcnts providcd by Seller to Buycr pcrtaining to thc property, and ttre Property's physical condition, zoning and suitability for development.
Scction 1.2 Escrow Holder shall mcan Placer Titlc Company locatcd at 1300 Olivcr Road, suite 120, Fairfield, cA 94534.
Section 1.3 Grant Decd shall mean a grant deed in the form attached hereto as Exhibit .Btt.
Seclion 1.4 tnvestigation Period means a period of ten (10) days afterthe date lrereof for the Buyer to conduct an investigation of thc Propcrty's physical condition and suitability for devclopment as provided in Section 2.8.
Secrion 1.5 Title Compan)'shall mcan PlacerTitle Company located at 1300 Oliver Road, suitc 120, Fairficld, cA 94534.
ARTICLE 2. PURCHASE AND SALE OF PROPERTY;PURCHASE PRICE.
Scction 2.1 Purchasc Pricc.' Tho Sctlcr hcrcby agrces to scll thc Propert!'io nuycr. ana Buyer hereby agrecs to buy the Property, for the sum of ONE MILLION EICHT HUNDRED THOUSAND OOf-lnRS and No/100 cents ($1,800,000.00) (the "Purchese PrlcC'), it being undcrstood that such pricc rcprcscnts thc agrccd upon pricc bctwccn Buycr and Scllcr'
Section 2.2 Escrow.
Section 2.2.1 Opening of Escrow. Within five (5) business days after the llffecfive Date. the Buyer and the Seller shall deliver a copy of this executed Agreemcnt to Escrow Holdcr a1d wiil open an escrow (the "Escrow") with the Escrow Holder lbr the transfer of the Property to the Buyer.
Section 2.2.2 Close ol'Escrow. "Close of Escrow" or "Closing" means the date Escrow Holder causes the Grant Deecl to be rccorded in thc Official Records of the County of Solano. Close of llscrow shall occur on or beforc the date that is thirty (30) after the lnvestigatiop period (the "Outside l)ate"). If for any rcason other than a delbult by the Seller or Buyer the Closing does not occur on or before the Outside Date. this Agreement shall aulomatically terminate, unless extended in writing by both parties (thc "Parties";. atrd all documents and nronies previously deposited into the Escrow shall be promptly returncd to the appropriate Party and eich Party shall pay one-half (l/2) of any Escrow charges and fees in "onneition
with such termination. If the Closing docs not occur due to a default by a Party, that Party shall pay all escrow and title cancellation changes.
Section 2.3 Conditions of Buyer's Oblieations. The following are conditions precedent (collectively, "Buyertr Contingencies") to the Close of Escrow and Buyer's obligation to purchase thl Property. which conlingencies may be waived in writing in whole or in part by Buyer, at or prior to the time prescribed herein for approval or disapproval. as the case may be :
(i) At the closing, the issuance of the 'title Policy (defined in Section Section 2.4\ to Buyer, which will insure Buyer's fee simple interest in the Property in the amount of the purchase price and in form and substance and with endorsements reasonably required and satisfactory to the BuYer;
(ii) As of the closing, the absence of a default by Seller hereunder.
Section 2.4 Title. Within ren (10) days after the Effective Date, Seller shall obtain and deliver to Buyer u .uo*t preliminary title report for the Property from the Title Cornpany with hyperlinks to (or copies of) all documents listed as title exceptions therein. Buyer shall then have ttrirty (30) days to review the same. If Buyer objects to any title matters, Buyer may terminate this Agrcement by written notice to Seller given within thirty (30) days after receipt of said title report' iriwtrictr .u.nt all rights, obligations ana tiuUitities of Seller and Buyer under and pursuant to this Agreement shall teniinate (except forobligations or liabilities under this Agreement that expressly survive the termination of this Agreement).
Escrow Holder shall provide Buyer with a Standard Coverage Policy of Title Insurance (or, at the election and cost ;f Buyer, extended coverage) in the amount of the Purchase Price, issued by the Title Company, showing the title to the Property vested in Buye1, subject only to the applicable title exceptions approved by Buyer in accordance with this Section and the Deed of Trust (the ..Tialc poiicy";. Nbtwithstanding the above, title to the Property shall be free of liens at the Close of Escrow Lxcept for the lien of ad valorem real property taxes and general and special assessments not yet due and payable, and any lien created by Buyer. -2-
Section 2.5 Deposit of Documents and Funds ln Escrow. Seller and Buyer, as applicable, hereby.ouen.uttt *d ugree to deliver at teast one (l) day prior to the Close of Escrow ttre fottowing instiuments. documents, and funds, the delivcry of each of which shall be a condition of thc applicable Close of Escrow.
Section 2.5.1 Seller shall deliver to Escrow:
(i) an original of the Grant Deed. duly executed by Seller and acknowledged;
(ii) such lbnds as are required to pay tbr costs and expenses payable by Scller hereunder;
(iii) a FIRPTA affidavit and a Calilbrnia fornr 593 (confirnring no withholding is required): and
(iv) such proof of Seller's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy, including Title Company's standard owner's affidavit.
Section 2.5.2 Buyer shall deliver to Escrow:
(i) a Certificate of Acceptance in the form attached to the form of Grant Deed (Exhibit "8"), executed and acknowledged;
(ii) any additional funds that are required to pay tbr costs and expenses payable by Buyer hereunder;
(iii) such proof of Buyer's authority and authorization to enter into this transaction as the Title Company may reasonably require to issue the Title Policy.
Section 2.6 Authorization to Record Documents and Disburse Fuds. Escrow Holder shallrecordtheGrantp-..a(*nnc''tir'.ateofAcceptance),anddisbursethefundsanddistribute the documenrs called for hereunder upon the Close of Escrow provided each of the following conditions has then been fulfilled:
Section 2.6.1 The Title Company is irrevocably committed to issue in favor of Buyer the Title policy, with a liability amount equal to the Purchase Price, showing fee simple title to ihe property vested in Buyer. subject only to the applicable title exceptions approved by Buyer in accordance with Section 2.4;
Section 2.6.2 Escrow Holder shall have received Seller's and Buyer's authorization to close upon the terms and conditions hercin, which authorization shall not be unreasonably withheld, conditioned or delayed; and
Section 2.6.3 Seller and Buyer shall have deposited in Escrow the documents and funds required to be deposited in Escrow pursuant to Section Section 2.6.t and Section 2.6.2. 3
Unless otherwise instnrcted in writing, Escrow Holder is authorized to record at the Close ol' Escrow any inslrument delivered to Escrow l{older if necessary or proper lbr the issuancc of the Title Policy.
Section 2.7llscrow Charees and Prorations.
Scction 2.7.1 Each party shall pay for filiy percent (50%) of the escrow lbes, recording fees. and transfer taxes.
Scction 2.7.2 Assessments shall be apportioned with respect to the Property as of l2:01 a.m.. on thc day on which thc Close of Escrow occurs, as if Buyer were vested with title during the entire clay upolt which the Close of Escrow occurs. The parties acknowledge that Buyer is exinpt from property taxes and no property taxes shall be allocated to Buyer. Seller shall pay all property taxes for rhe six rnonth proflerty tax billing period in which the Close of llscrow occurs' *d nuy.ishall cooperate with setteiin good faith in connection with Seller's application lbr a rcfund ol'such prop..ty taxes allocable to Buyer's period of ownership after the Close of Escrow.
Section 2.8 Documents and Physical Condition. The Seller shall promptly provide to Buyer copies of all rtruterial documents. repons. and correspondence in the Seller's possession or control that relatc to the Property. From the EfTective Date until the date that is ninety (90) days thereafter, Buyer may inspeit such documenls and the physical condition of the Property. Buyer shall have the right to terminate this Agreement at any tirne prior to the end of said ninety (90) day period by deliveiing to Seller written notice of Buyer's election to terminate this Agreement based on the cbndition of the property. Buyer shall indemniff, defend and hold Seller harmless from and against any claims, tiabilities, costs and expenses resulting l'rom Buyer's entry upon or conduiting of any tests of the Property. If this Agreement is terminated or if escrow fails to close for any ,Juron other than a default by Seller, Buyer shall promptly restore the Property to substantially the same condition as existed prior to Buyer's undertaking of any testing thereon' All studies and reports prepared in connection with Buyer's inspection of the Property are to be done at the expense of
-nuyer,
but if the closing faits to occur through no fault of Seller. Buyer shall provide Seller with a copy of all of the reporls without cost (and without representation or *urrunty). Buyer's obligations and duties hereunder shall survive and remain upon the cornpletion of the closing or upon the termination of this Agreement for any reason.
Section 2.9 "AS-IS" Condition of the Prooerty. Buyer agr€es that it will purchase the property in its..AS-lS".ondition us of the date of the Close of Escrow, with all faults, and without representation or warranty, express or implied'
Section 2.10 Brokers' Commissions. Buyer represents and wanants to Seller that Buyer has used no broker, ug"ttt, frdo o*th.t p"rson in connection with the transaction contemplated hereby to whom a brJkerage or other commission or fee may be payable. Seller rcpresents and *urrunt, to Buyer that excelt flor lnam Khan with Premier Commercial ("Seller's Broker"), Seller has used no broker, agent, finder or other person in connection with the transaction contemplated hereby to whom a bro-kerage or other commission or fee may be payable._ Seller shall pay all fees and commission that are piyable to Seller's Broker. Each party indemnifies and agrees to defend and hold rhe other narmfess from any claims, liabilities. costs, expenses and damages resulting -4-
llom any breach by the indemnitying party ol'the warranties, representalions and covenants in this Section.
ARTICLE 3.GENERAL PROVISIONS
Section3.l Construction. The parties agree that each party and its counsel have reviewed and revised rhir Ag..r"nt and thit any rule of construction to the effect that ambiguities are to be resolved against thi drafting party shall not apply in the interpretation of this Agreement or any amendments or cxhibits hereto.
Section 3.2 lntemretation. ln this Agreement the ncuter gender includes thc ferninine and mascutine. and ritrgulu. ^rtnf.r
includes the plural. and the words "person" and "party" include corporation. partnenhip. lirm, trust, or association where the context so requires.
Section J.3 'fime of the Essence. Timc is of the essence of this Agreement and all Parties' obligations hereunder.
Section 3.4 Notices. Notices, demands and communications between the Seller and the Buyer shall be deemed *fft.iently given if addresses as set forth below and (i) sent by certified ma-il. postage prepaid, return ,."iip requested. or (ii) sent by nationally-recognized reputable overnight aetivery service. Such written notices, demands and communications may be sent in the same manner to such other addrcsses or to such other address as any Party may from time to time designate by mail as provided in this Section, and shall be deemed received upon delivery or refuial of dilivery, u, iho*n on the return receipt, if mailed, or one (l ) business day after deposit of same with a nationally recognized reputable ovemight delivery service for ovemight delivery if sent by such a delivery service.
To the Seller: Patrick M. LivelY
PO Box 2138
Fairfield, CA 94533-02 I 3
To Buyer: CitY of Fairfield
lodo webster St.,2nd Ftoor
Fairfield, California 94533
Attn: Real Estate SPecialist
Section 3.5 Attomeys' Fees. If any Party brings an action to enforce the terms hereof or declare its rights t"*"na.r, tt" prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court' Section 3.6 Authority of Citv Manager. The City Manager of Buyer is authorized to give all consents una uppronult und rign ull documents contemplated hereunder on behalf of Seller firovided they are in wriiing, and may extend deadlines such as but not limited to the Outside Date' i'or up to sixty (60) daysJand may enter into other non-substantive amendment provided the extensions and amendments are express and in writing.
Section 3.7 Venue. ln the event of any litigation hereunder, all such actions shall be instituted in the Sup"rior C*rt of the County of Solano, State of California, or in an appropriate 5
municipal court in the County of Solano. State of Calilbrnia or an appropriate District Court in the Northenr District of California.
Section 3.8 Applicable Law. l'he taws of the State of California shall govern the intcrpretation and enforcement of this Agreement.
Section 3.9 No Risht to Assign. Neither parry nray assign this Agreernent without the prior written consent of the other.
Section 3.10 Successors ancl Assiqns. Subject to the restrictions on transfers set fbrth in this Agreement, the pr*irio*r tr.r"otrhutfU. binding upon. and shall inure to the benefit of, the Seller and the Buyer and their successors and assigns.
Section 3.1I No Joint Venture. Nothing contained herein shall be construed to rettder the Scller in any *uy or fo-uny pr'rrposi a panner. joint venture, or associated in any relationship with the Buyer. no. rhull this Agrcement be construed to authorize either party to act as agent for the other.
Section 3.12 Waiver. The waiver by the Seller or the Buyer of any breach by the other party of any term..ouilii-t, or condition herlin contained shall not be decmed to be a waiver ol iuch term, covenant. or condition or any subsequent breach of the same or any other term' covenant, or condition herein contained. Either party's acceptance of any performance by the other party after the due date of such performance shall not be deemed to be a waiver by either party of any preceding breach by the other party of any term. covenant, or condition of this ngr;ment,' regardless- of such party's knowledge of such preceding breach at the time of acceptance of such Performance.
Section 3.13 Entire Agreernent. Waivers and Amendments. This Agreement together with all attachmentr *d e*hibits h.reto and all documents to be executed and delivertd pursuant to this Agreement. constitutes the entire understanding and agreement of the Parties hereto. This Agreemelnt integrates all of the terms and conditions mentioned herein or incidental hereto, and srftersedes all negotiations or previous agreements between the partie_s with respect to all or any part of the subject matter hereof. Any waiver, amendment, or modification of any provision of ihir Agr."tnent must be in writing and signed by both parties.
Section 3.14 Execution in Counterparts. This Agreement may be executed in two or more counterparts,.u.E of *hirh rhull b. an original, but all of which shall constitute one and the same instrument.
Section 3.15 Severability. Each and every provision of this Agreement is, and shall be construed to be, u ,.puEiGffilependent covenant and agreement. If any lerm or provision of this Agreement or thi application thireof shall to any extent be held to be invalid or unenforceable' the reirainder of this Agreement, or the application of such term or provision to circumsl,ances other than those to which it is invalid or uninforceable, shall not be affected hereby. and each term and provision of this Agrcement shall be valid and shall be enforced to the exlent permitted by law.
-6-
IN MTNESS WHEREOR thc parties lrereto have cntcred into thk Agrecment ar of the day ard ycar firet above writtc'n.
BTIYER:
CITY OF FAIRFIELD
EEITJEBI
Patick M. Lively
a
By:
David Gassaway
City Mansg€r
Patick M. Lively
Owncr
ATTEST:
By:
Karcn Rms,
ciry cle*
APPROVED AS TO FORM:
By:
City Attorncy
Exhibit "A"
Exhibit "B"
Lcgal Descriptiort of PnrPcr-tY
Form of Grant Dced
List of Exhibits
-8-
LEGAL DESCRIPTION OF THE PROPERTY
Thosc portions of Lot 23 as designated on the map entitled: "Locke-Paddon's Second Addition to Fairheld". which map was Rtea ln the OfTice of the Recorder ol'the Clounty ol'Solano' State ol California, on April 7. l9l3 in Book 4 ol'Maps at page 21. described as tbllows:
EXHIBIT *A'
ParcelOne:
Beginning on the centerline ol'North'lexas Strcet (shown on said Map as "Private Road 60 leet wije"). aitlre Southwcst corner ol'said lot 23; thence from said point of beginning North 0o 30' East along said centerlinc. 62.2 feet; thence South 89" l0' East parallel with the South line of said l,ot il, qzO.+ feet to the East line of said lot 23; thence South 0" 30' West along said East line,62.2 fect to the South line of said lot 23; thence 89o l0' West along said south line' 420.4 feet to the Point of Beginning.
Prrcel Two:
Beginning on the centerline of North'l'exas Street (shown on said Map as "Private Road 60 lbet wiJe"), distant thereon North 0o 30' East along said centerline, 62.2 feet from the Southwest comer of said Lot 23; thence from said point of beginning North 0" 30' East continuing along said centerline,62.2 feet; thence South 89" l0' East, parallel with the South line of said Lot 23, 420.4 feet to the East line of said Lot 23; thence South 0o 30' West along said East line,62.2 feet to a point that bears South 89" l0' East from the point of beginning; thence North 89" l0' West, 420.4 feet to the Point of Beginning.
Parcel Three:
Beginning on the centerline of North Texas Street (shown on said Map as "Private Road 60 feet wiJe"), di-stant thereon North 0o 30' East, along said centerline 124.4 feet from the Southwest corner of said Lot 23; thence from said point of beginning North 0o 30' East, continuing along said centerline, 62.2 feet; thence South 89o l0' East, parallel with the South line of said Lot 23. 420.4 feet to the East tine of said Lot 23; thence South 0o 30' West, along said East line. 62.2 feet to a point that bears South 89o l0' East from the point of beginning; thence North 89o l0' West, 420.4 feet to the Point of Beginning.
Excepling Therefrom that portion, described rs follows:
Beginnin;'on the centerline of Norttr Texas Street (shown on said Map as "Private Road 60 feet wii'e"), dlstant thereon North 0o 30' East, along said centerline 124.4 feet from the Southwest corner of said Lot 23; thence from said point of beginning, North 0o 30' East continuing along said centerline 62.2 feet; thence South 89o l0' East, parallel with the South line of said Lot 23, 200.0 feet; thence South 0o 30' West. 62.2 feet to a point that bears South 89o l0' East from the point of Beginning; thence North 89o l0' West, 200.0 feet to the Point of Beginning.
APNS: 0034- 144-l 40 and 0034- I 30-01 0
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EXHIBIT *B'
FORM OF GRANT DEED
(WITH FORM OF CERTIFICATE OF ACCEPTAI\CE ATTACHEDI
(Atlached.)
I Page 37 of 300
RECORD]NG REQUESTED BY, AND WHEN
RECORDED MAIL TO AND MAIL ASSESSMENT
STATEMENTS TO:
City of Fairfteld
1000 Webster Street,
Fairfreld, CA 9453 3-4 EE3
Attn: City Clerk
APN: 0034-144-140 & 0034-130-010
TIEOORDER
This document is exempt fnompsymenl of a recording fee pursuanl loGovemment Codc $6103.
Documentary Transfer Tax: Exempt; conveyan@ to a public entity. The Proper$ is in the City of Fairfreld, County of Solano.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Patrick M. Lively (" Grantor"), hercby GRANTS to the CITY OF FAIRFIELD, a California municipal corporation ("Grantee"), that certain reat property locatlf il S" City of Fairfield' Counry of Solano, State of Califomia, more particularly described on H!!i!-"A", attached hereto and incorporated hercin by this reference including all improvements thercon (the "Property").
IN WTTNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below.
GRANTOR:
Patrick M. Lively
-t2- Page 38 of 300
A notary public or other offtcer completing this
certifrcate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, aocuracy, or validity of that document.
Srate of California
County of Solano)
Onbefore mc,
(inrcrt name and titlc of lhe offrctr)
penonally appeartd
who proved to me onthe basis of satisfactory evidence to be the penon(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hdshe/they exccutd the same hiVher/their authorized capacity(ies), and that by his/her/their signature(s) on the instntmcnt the pcruon(s), or the entity upon behalf of which the penon(s) acted, executcd the instrrument.
I certiff under PENALTY OF PERIURY under the laws of the State of Califomia that thc foregoing paragraph is true and conect.
WITNESS my hand and offrcial seal.
Signature(Scal)
tn
-t 3-
Exhibit A To Grant Deed
Lesal Description
-fhose portions of Lot 23 as designated on the map entitled: "Locke-l'addon's Second Addition ro Fairfield". which map was nteO in ttre Officc of the Recorder of the County of Solano. State of California. on April 7, l9l3 in Book 4 of Maps at page 2l . described as follows:
ParcelOne:
Beginning on the centerline of North Texas Street (shown on said Map as "Private Road 60 feet wiJe"). or th* SoutSwest corncr of said lot 23: thence l'rom said point of beginning North 0'10' East alolg said centerline.62.2 tbet; tlrence Soutlr 89" l0' East parallel with the South line of said Lot i3, qZO.q feet to the East line of said lot 23; thence South 0" 30' West along said East line, 62.2 feet to the South line ot'said lot 23; thence 89" l0' West along said south line. 420'4 feet to the Point ol'Beginning.
Parcel Two:
Beginning on thc centerline of North Texas Street (shown on saicl Map as "Private Road 60 feet wi[e"), distant thercon North 0o 30' East along said centerline, 62.2 feet from the Southwest corner of said l.ot 23; thence llom said point of beginning North 0o 30' East continuing along said centerline.62.2 feet; thence South 89o l0' East, parallel with the South line of said Lot 23. 420.4feet to the East linc of said Lot23;thence South 0o 30' West along said East line,62.2 feet to a point that bears South 89" l0' East from the point of beginning; thence North 89o l0' West, 420.4 feet to the Point ol'Beginning.
Parcel Thrce:
Beginning on the centerline of North'fexas Street (shown on said Map as "Private Road 60 feet wiie"), di-stant thereon North 0o 30' East, along said centerline 124.4 feet from the Southwest corner of said Lot 23; thence from said point of beginning North 0o 30' East. continuing along said centerline.62.2 feet; thence South 89o l0' East, parallel with the South line of said Lot 23, 420.4 feet to the East line of said Lot 23; thence South 0" 30' West, along said East line. 62'2 feet to a point that bears South 89o l0' East from the point of beginning: thence North 89o l0' West, 420.4 feet to the Point of Beginning.
Excepting Therefrom that portion, described as follows:
Beginninf on the centerline ot't torttr Texas Street (shown on said Map as "Private Road 60 feet wii'e"), distant thereon North 0" 30' East, along said centerline 124,4 feet from the Southwest comer of said Lot 23; thence from said point of beginning, North 0o 30' East continuing along said centerline 62.2 feet; thence South tigo l0' East. parallel with the South line of said Lot 23' 200.0 feet; thence South 0o 30' West, 62.2 feetto a point that bears South 89o l0' East from the point of Beginning; thence North 89o l0' West, 200.0 feet to the Point of Beginning.
APNS: 0034-144- I 40 and 0034-l 30-0 I 0
-14- Page 40 of 300
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CERTIFICATE OF ACCEPTANCS
(California Govemment Code Section 27281)
This is to certis that the intercst in real property conveyed by that certain Grant Deed dated as of-, 2025 executed Uy natrick M. Lively, as grantor, to the cITYoFFAlRFIE-D,*g'*tee,isherebyacceptedbytheundersignedofficeronbehalf of the City of Fairfield puriuant to the authority conferred by the City Council of the City ofFairfreldatameetingon , 2025 and the grantee consents to the recordation thereof by its duly authorized ofticer.
Dated as of: ,2025
David Gassaway,
City Manager
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A notary public or other oflicer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, aecuracy, or validity of that document.
State of California
County of Solano)
(hbefore me,
(inscrt num md titlc of Oc ollioer)
personally appeared
, who proved to me on the basis of satisfactory evidence to be the pe$on(s) whosename(s) is/are subscribod to the within instrument and acknowledged to me that he/she/they executed the same in his/trerAheir authorized capacity(ies), and that by his/trer/their signature(s) on the instrument the penon(s), or the entity upon behalf of which the penon(s) acted, executed the insEument.
I certify under PENALTY OF PERIURY under the laws of the State of Califomia that the foregoing paragraph is uue and conoct.
WITNESS my hand and official seal.
(Seal)
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Agenda Item No: K.3
AGENDA REPORT
DATE: January 21, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-02 CD Purchase and Sale Agreement for Mankas Corner Holdings
Approving and Authorizing the Execution of the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Fairfield and Mankas Corner Holdings, LLC for the Approximately 3,612 square foot portion of the Property Commonly Known as 3305 Cherry Hills Court Property Located in Solano County, California Property Located in Solano County, California
Funding Source: N/A
Contact: Jennifer Rice, (707) 428-7727
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The City of Fairfield is the owner of the 3.38 acre parcel known as 3305 Cherry Hills Court (APN 0151-880-140) (the City Parcel) and is requesting approval to enter into a purchase and sale agreement between the City of Fairfield (the City) and Mankas Corner Holdings, LLC for the sale of a 3,612 square foot portion of the City Parcel.
DISCUSSION
The City is the owner of the City Parcel located at 3305 Cherry Hills Court. It has been determined that a 3,612 square foot portion (the Property) of the City Parcel is set outside of the city limits and the City has no need for the Property.
The City Council declared the Property exempt surplus land during their September 17, 2024, meeting and the Department of Housing and Community Development approved the Property qualified as exempt surplus land in their approval letter dated December 6, 2024.
Mankas Corner Holdings, LLC is the adjacent property owner and wishes to purchase the Property from the City.
City staff drafted the proposed Purchase and Sale Agreement and Joint Escrow Instructions (Purchase Agreement) for Man kas Corner Holdings, review and approval. Mankas Corner Holdings, LLC reviewed, approved, and executed the Purchase and Sale Agreement.
Both the City and Mankas Corner Holdings, LLC, would now like to enter into the Purchase Agreement for the transfer of the Property.
FINANCIAL IMPACT
The City will receive $1,500 as the Purchase Price , which will be deposited in the General Fund (account code 011-99-000-7301).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the proposed Purchase and Sale Agreement.
COORDINATED WITH
Public Works
STAFF CONTACT
Jennifer Rice, Real Estate Specialist II
(707) 428-7727
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
CITY OF FAIRFIELD
RESOLUTION NO. 2025-02
APPROVING AND AUTHORIZING THE EXECUTION OF THE PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF FAIRFIELD AND MANKAS CORNER HOLDINGS, LLC FOR THE APPROXIMATELY 3,612 SQUARE FOOT PORTION OF THE PROPERTY COMMONLY KNOWN AS 3305 CHERRY HILLS COURT PROPERTY LOCATED IN SOLANO
COUNTY, CALIFORNIA
WHEREAS, the City of Fairfield is the owner of the 3.38-acre land known as 3305 Cherry Hills Court, APN 0151-880-140 (City Parcel); and
WHEREAS, the City wishes to sell a 3,612 square-foot portion of the City Parcel (the Property) ; and
WHEREAS, the City Council declared the property exempt surplus land on September 17, 2024 ; and
WHEREAS, the Department of Housing and Community Development (HCD) approved the Property qualified as exempt surplus land on December 6, 2024; and
WHEREAS, the City, and Mankas Corner Holdings, LLC wish to enter into a Purchase and Sale Agreement and Joint Escrow Instructions (the “Purchase and Sale Agreement ”) to transfer the Property; and
WHEREAS, Mankas Corner Holdings, LLC has reviewed, approved, and executed the Purchase and Sale Agreement.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council hereby approves the Purchase and Sale Agreement by and between the City of Fairfield and Mankas Corner Holdings, LLC for the Property, as attached hereto, with minor or clarifying revisions as may be approved by the city attorney.
Section 2. The city manager or designee is hereby authorized to do all things necessary and proper to implement the above -mentioned transaction including executing any documents needed to manage and maintain the Property.
RES. NO. 2025-02
PASSED AND ADOPTED this 21st day of January 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (the "Agreement"), is dated as of , 202 _ ("Effective Date"), and is entered into by and between the CITY OF FAIRFIELD, a municipal corporation ("Seller") and _MANK.AS CORNER HOLDINGS, LLC, a Texas limited liability company ("Buyer").
RECITALS
A. Seller is the owner of the land located on 3305 Cherry Hills Court; APN 0151-880-140 and as described on Exhibit "A" attached hereto (the "City Parcel").
B. Buyer wishes to acquire a portion of the Property, and Seller is willing to convey a 3,612 square foot portion of the Property as described on Exhibit "B" attached hereto (the "Property")
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
The following capitalized terms as used in this Agreement shall have the respective meanings set forth below:
Section 1.1 Approval Notice means the written notice provided by the Buyer to Escrow Holder stating that Buyer approves any documents provided by Seller to Buyer pertaining to the property, and the Property's physical condition and zoning.
Section 1.2 Escrow Holder shall mean Placer Title Company at 1300 Oliver Road, Suite 120, Fairfield, CA 94534, Attn: Kelly Guglielmo.
Section 1.3 Grant Deed shall mean a grant deed in the form attached hereto as Exhibit Section 1.4 Hazardous Materials shall include, but not be limited to, substances defined as "hazardous substances," "hazardous materials," "pollutant or contaminant," "imminently hazardous chemical substance or mixture," "hazardous air pollutant," "toxic pollutant," "hazardous waste," "extremely hazardous waste" or "toxic substances" in any of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; The Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.; and those substances defined as "hazardous substances" in §25316 of the California Health & Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws (collectively, "Hazardous Materials Laws").
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Section 1.5 Investigation Period means the due diligence period for the Buyer to conduct an investigation of the Property's physical condition as provided in Section 2.10.
Section 1.6 Title Company shall mean the Escrow Holder.
ARTICLE 2. PURCHASE AND SALE OF PROPERTY.
Section 2.1 Sale of the Property by the Seller to the Buyer. The Seller hereby agrees to sell the Property to Buyer, and Buyer hereby agrees to buy the Property, for the sum of One Thousand Five Hundred Dollars ($1,500.00) (the "Purchase Price").
Section 2.2 Escrow.
Section 2.2.1 Opening of Escrow. Within five (5) days after the Effective Date, Buyer and Seller shall deliver a copy of this executed Agreement to Escrow Holder and shall open an escrow (the "Escrow") with the Escrow Holder for the conveyance of the Property to the Buyer.
Section 2.2.2 Close of Escrow. "Close of Escrow" or "Closing" means the date Escrow Holder causes the Grant Deed to be recorded in the Official Records of the County of Solano. Close of Escrow shall occur within ten ( 10) days following the expiration of the later to occur of (a) Seller's cure of the exceptions to which Buyer provided before the expiration of the Objection Deadline (as defined in Section 2.5) and to which Seller agreed to cure per Section
2.6, or (b) the Investigation Period (as defined in Section 2.10 below) (the "Closing Deadline").
If for any reason other than a default by the Seller or Buyer the Closing does not occur on or before the Closing Deadline, this Agreement shall automatically terminate, unless extended in writing by both parties (the "Parties"), and all documents and monies previously deposited into the Escrow shall be promptly returned to the appropriate Party and each Party shall pay one-half (l/2) of any Escrow charges and fees in connection with such termination.
If the Closing does not occur due to a default by a Party, the Agreement shall be automatically terminated, and that defaulting Party shall pay all escrow and title cancellation changes.
Section 2.3 Conditions to Buyer's Obligations. The following are conditions precedent (collectively, "Buyer's Contingencies") to the Close of Escrow and Buyer's obligation to acquire the Property, which contingencies may be waived in writing in whole or in part by Buyer, at or prior to the time prescribed herein for approval or disapproval, as the case may be:
(i) Prior to the expiration of the Investigation Period (as provided in Section 2.10) below, Buyer's delivery of the Approval Notice; (ii) At the closing, the absence of an Event of Default by Seller hereunder.
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Section 2.4 Conditions to Seller's Obligations. The absence of an Event of Default by Buyer hereunder is a condition precedent ("Seller's Contingencies") to the Close of Escrow and Seller's obligation to sell the Property, which may be waived in writing by Seller.
Section 2.5 Title. Seller shall promptly deliver to Buyer (by email to [email protected] and [email protected]) a current preliminary report for the Property from the Title Company with hyperlinks to the documents listed as title exceptions therein. Buyer shall have ten (10) days after its receipt of same to object to such exceptions to title by written notice to Seller and Escrow Holder (the "Objection Deadline").
Section 2.6 If Buyer does not object in writing to any other exception by said Objection Deadline, Buyer shall be deemed to have approved such exception. If Buyer timely objects in writing to the Seller regarding any exception, Seller shall notify Buyer whether Seller is willing to remove any such exception by written notice given within five (5) days after receipt of Buyer's written notice, and if Seller is willing to remove any such exception, Seller shall attempt in good faith to remove such exception prior to Close of Escrow, but if Seller is unable to remove the exception prior to the Close of Escrow, then Buyer may terminate this Agreement, in which event all rights, obligations and liabilities of Seller and Buyer under and pursuant to this Agreement shall terminate ( except for obligations and liabilities under this Agreement that expressly survive the termination of this Agreement) and all documents and monies previously deposited into the Escrow shall be promptly returned to the appropriate Party and each Party shall pay one-half (l/2) of any Escrow charges and fees in connection with such termination. In no event shall Seller be obligated to expend any material sum or sums attempting to remove any title exception.
Section 2.7 Deposit of Documents and Funds In Escrow. Seller and Buyer, as applicable, hereby covenant and agree to deliver at least one (I) day prior to the Close of Escrow the following instruments, documents, and funds, the delivery of each of which shall be a condition of the applicable Close of Escrow.
Section 2.7.1 Seller shall deliver to Escrow:
(i) an original of the Grant Deed, duly executed by
Seller and acknowledged (which includes the post-closing requests described in Article 6 below);
(ii) such funds as are required to pay for costs and
expenses payable by Seller hereunder;
(iii) such proof of Seller's authority and authorization to enter into this transaction, and such other documents, as the Title Company may reasonably require in order to issue the Title Policy (including Title Company's standard owner's affidavit) or close this transaction.
Section 2.7.2 Buyer shall deliver to Escrow:
(i) any funds that are required to pay for costs and
expenses payable by Buyer hereunder; and
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(ii) such proof of Buyer's authority and authorization
to enter into this transaction, and such other documents, as the Title Company may reasonably required to issue the Title Policy or close this transaction.
Section 2.8 Authorization to Record Documents and Disburse Funds. Escrow Holder shall record the Grant Deed and apply additional funds to costs as shown in the Preliminary Settlement prepared by Escrow Holder and approved by Buyer and Seller provided each of the following conditions has then been fulfilled:
Section 2.8.1 Escrow Holder shall have received Seller's and Buyer's authorization to close upon the terms and conditions herein, which authorization shall not be unreasonably withheld, conditioned or delayed; and
Section 2.8.2 Seller and Buyer shall have deposited in Escrow the documents and funds required to be deposited in Escrow pursuant to Section 2.7.
Section 2.9 Costs Charges and Prorations.
Section 2.9.1 Assessments shall be apportioned with respect to the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with title during the entire day upon which the Close of Escrow occurs. (The parties acknowledge that Seller is exempt from property taxes and no property taxes shall be allocated to Seller, nor Buyer for the period prior to its ownership of the Property.)
Section 2.9.2 Escrow Holder shall prepare a Preliminary Settlement Statement describing all costs to be paid by Buyer and Seller respectively, for approval by Buyer and Seller prior to the Close of Escrow.
Section 2.10 Investigation Period; Documents and Physical Condition. It is understood and agreed upon and between the parties hereto that Buyer's acquisition of the Property is subject to and conditioned upon its inspection of the Property. The Seller shall provide to Buyer within five (5) days after the Effective Date copies of all material documents, reports, and correspondence in the Seller's possession or control that relate to the Property. The Investigation Period shall expire at 5 p.m. on the earlier of: (i) the date on which the Buyer delivers the Approval Notice, or (ii) the date that is fifteen (15) days after the Effective Date of this Agreement (the "Investigation Period").
Commencing on the Effective Date, Buyer and its agents, employees, consultants and representatives may enter upon the Property: (i) after providing evidence of reasonable insurance coverage meeting the Seller's standard requirements, and (ii) upon twenty-four (24) hour prior written notice sent to the Seller, in order to investigate, conduct and carry out any and all inspections, tests and studies as Buyer deems appropriate or Buyer's lender requires regarding the physical condition of the entire Property; provided, however, that Seller's agent may request to be present during such inspections, and Buyer shall reasonably accommodate Seller in arranging a mutually convenient inspection time so that Seller or Seller's agents may be present. -4-
Buyer shall have the right to terminate this Agreement at any time prior to the expiration of the Investigation Period by delivering to Seller written notice of Buyer's election to terminate this Agreement, describing the condition disapproved by Buyer.
Buyer shall indemnify, defend and hold Seller harmless from and against any claims, losses, liabilities, costs, damages, injuries and expenses arising from or related to the activities of Buyer and Buyer's consultants/contractors on or about the Property during the Investigation Period.
If this Agreement is terminated or if escrow fails to close for any reason, Buyer shall promptly restore the Property to substantially the same condition as existed prior to Buyer's undertaking of any invasive testing thereon. All studies and reports prepared in connection with Buyer's inspection of the Property are to be done at the expense of Buyer; provided, that Buyer shall provide Seller with a copy of all the reports without cost (and without representation or warranty). Buyer's obligations hereunder shall survive the closing and the termination of this Agreement for any reason.
Section 2.11 "AS-IS" Condition of the Property. Other than as expressly set forth in this Agreement, Buyer agrees that it is purchasing the Property in its "AS-IS" condition as of the date of the Close of Escrow, with all faults, and without representation or warranty, express or implied.
Section 2.12 Brokers' Commissions. Each party represents and warrants to the other that it has not used any broker, agent, finder or other person in connection with this transaction contemplated hereby to whom a brokerage or other commission or fee may be payable.
ARTICLE 3. HAZARDOUS MATERIALS
AS OF THE CLOSING, THE BUYER, ON BEHALF OF ITSELF AND ITS
SUCCESSORS, HEREBY FULLY AND ENTIRELY RELEASES AND DISCHARGES THE
SELLER (INCLUDING, BUT NOT LIMITED TO, THE SELLER'S OFFICERS, EMPLOYEES,
AGENTS, REPRESENTATIVES, SUCCESSORS, ADMINISTRATORS, ASSIGNS, AND ATTORNEYS (COLLECTIVELY, "RELEASED PARTIES") AND OF EACH OF THEM, OF
AND FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, LIABILITIES,
DAMAGES, AND LOSSES, OF WHATEVER NATURE, ANTICIPATED OR
UNANTICIPATED, KNOWN OR UNKNOWN, ON ACCOUNT OF THE PHYSICAL
CONDITION OF THE PROPERTY, THE SUITABILITY OF THE PROPERTY FOR THE
PURPOSES FOR WHICH IT IS ACQUIRED BY THE BUYER, OR THE PRESENCE OF ANY
HAZARDOUS MATERIALS IN, ON, UNDER, OR ABOUT THE PROPERTY OR IN CONNECTION WITH, OR IN ANY WAY RELATED TO THE PROPERTY.
THIS RELEASE CONSTITUTES AN EXPLICIT W AIYER BY THE BUYER, AND ITS
SUCCESSORS AND ASSIGNS, OF EACH AND ALL OF THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HA VE
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MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.''
ARTICLE 4. INDEMNITY
Section 4.1 From and after the Effective Date, Buyer hereby agrees to indemnify, defend, protect, and hold harmless the Seller and any and all officials, agents, employees and representatives of the Seller ("Indemnified Parties"), from and against all losses, liabilities, claims, damages, penalties, fines, forfeitures, costs and expenses (including all reasonable out-of pocket litigation costs and reasonable attorney and expert fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with:
(i) any breach or default by Buyer under this Agreement; (ii) any of Buyer's activities on the Property (or the activities of Buyer's agents, employees, lessees, representatives. licensees, guests. invitees, contractors, subcontractors, or independent contractors on the Property), including without limitation, construction and operation of improvements on the Property; and
(iii) any other acts, occurrences, omissions or other matters that take place or exist on the Property after the Close or Escrow,
in each case. regardless or whether such losses, liabilities, claims, damages, penalties, fines. forfeitures. costs, expenses and demands shall accrue or are discovered before or after termination or expiration of thi Agreement. The Seller may in its discretion, and at its own cost, participate in the defense of any such legal action. The provisions of this Section shall survive the Close or Escrow or the termination of this Agreement as applicable.
ARTICLE 5. EVENTS OF DEFAULT AND REMEDIES
Section 5.1 Events of Default. Any breach of this Agreement which is not cured within thirty (30) clays after written notice from the non-defaulting party setting forth the nature of the default and the actions. ii' any. required to cure such default, shall constitute an "Event of Default" by the party in default.
Section 5.2 Buyer's Remedies. If any Event of Default by Seller occurs, then the Buyer shall be entitled to all remedies available at law or in equity. including, without limitation, specific performance, it being acknowledged by Seller with respect to a specific performance action that the Property is unique and that monetary damages wi II not adequately compensate Buyer for its loss of the Property.
Section 5.3 Seller's Remedies. If any Event ofD efault by Buyer occurs under the terms of this Agreement, Buyer shall be responsible for all cancellation charges required to be paid to Title Company.
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ARTICLE 6. GENERAL PROVISIONS
Section 6.1 Construction. The parties agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits hereto.
Section 6.2 Time of the Essence. Time is of the essence of this Agreement and all Parties' obligations hereunder.
Section 6.3 Notices. Notices, demands and communications between the Seller and the Buyer shall be deemed sufficiently given if addressed as set forth below and: (i) sent by certified mail, postage prepaid, return receipt requested, or (ii) sent by nationally recognized reputable overnight delivery service. Such written notices, demands and communications may be sent in the same manner to such other addresses or to such other address as any Party may from time to time designate by mail as provided in this Section, and shall be deemed received upon delivery or refusal of delivery, as shown on the return receipt, if mailed, or one (1) business day after deposit of same with a nationally recognized reputable overnight delivery service for overnight delivery if sent by such a delivery service.
To Buyer:
To Seller:
Mankas Comer Holdings, LLC
2875 Mankas Corner Road
Fairfield, CA 94534
Attn: Steve Van Dewark
City of Fairfield
1000 Webster St., 2nd Floor
Fairfield, California 94533
Attn: Jennifer Rice
Section 6.4 Authority of City Manager. The City Manager of Seller is authorized to give all consents and approvals and sign all documents contemplated hereunder on behalf of the Seller provided they are in writing, and may extend deadlines such as but not limited to the Closing Deadline, for up to sixty ( 60) days, and may enter into other non-substantive amendments provided the extensions and amendments are express and in writing.
Section 6.5 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
Section 6.6 Waiver. The waiver by the Seller or the Buyer of any breach by the other party of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. Either party's acceptance of any performance by the other party after the due date of such performance shall not be deemed to be a waiver by either party of any preceding breach by the other party of any term, covenant, or condition of this Agreement, regardless of such party's knowledge of such preceding breach at the time of acceptance of such performance. Any waiver must be express, in writing and executed by the party making the waiver.
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Section 6. 7 Entire Agreement. This Agreement, together with all attachments and exhibits hereto and all documents to be executed and delivered pursuant to this Agreement, constitutes the entire understanding and agreement of the Parties hereto. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.
Section 6.8 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.
Section 6.9 Severability. · Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written.
SELLER:
CITY OF FAIRFIELD,
A municipal corporation
By: _
Print Name: - - - - - - - - - - - - Title: City Manager ATTEST
BUYER:
MANKAS CORNER HOLDINGS, LLC,
a Texas limited liability company
. Jayson Adair
By: _
_ _ _ _ _ _ _ _ _ , City Clerk
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Exhibit "A"
Exhibit "B"
Exhibit 'C"
List of Exhibits
Legal Description of City Parcel
Legal Description of Property
Form of Grant Deed
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EXHIBIT "A"
LEGAL DESCRIPTION OF CITY PARCEL
ALL THAT REAL PROPERTY LOCATED IN THE UNINCORPORATED LANDS OF
SOLANO COUNTY, AND WITHIN THE CITY LIMITS OF THE CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE "DESIGNATED REMAINDER" PARCEL AS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP 8. GALE WILSON SCHOOL ADDITIONAL PARKING LOT", RECORDED OCTOBER 71999 IN BOOK41 OF PARCEL MAPS, AT PAGE 55, SOLANO COUNTY RECORDS, ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID DESIGNATED REMAINDER PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00°01 '46" WEST, 60.19 FEET TO A POINT BEING ON THE WESTERLY PROLONGATION OF THE SOUTH LINE OF THE LANDS DESCRIBED IN THE DEED TO THE FAIRFIELD SUISUN UNIFIED SCHOOL DISTRICT RECORDED IN BOOK 1989 OF OFFICIAL RECORDS SERIES NUMBER 9007, SOLANO COUNTY RECORDS; THENCE ALONG
SAID SOUTH LINE AND THE WESTERLY PROLONGATION THEREOF SOUTH 86°16'42" EAST, 104.04 FEET; THENCE CONTINUING ALONG THE EXTERIOR
BOUNDARY OF SAID DESIGNATED REMAINDER PARCEL THE FOLLOWING EIGHTEEN (18) COURSES:
1. SOUTH 76°55'18" EAST, 266.10 FEET;
2. THENCE SOUTH 82°33'44" EAST, 191.58 FEET;
3. THENCE NORTH 14°22'46" EAST, 268.81 FEET;
4. THENCE SOUTH 75°54'04" EAST, 74.80 FEET;
5. THENCE ALONG A TANGENT CURVE TO THE LEFT CONCAVE TO THE NORTH HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 46°03'36", AN ARC LENGTH OF 80.39 FEET TO A POINT OF NON TANGENCY;
6. THENCE NORTH 81°36'31" EAST, 10.74 FEET;
7. THENCE SOUTH 65°02'38" EAST, 183.35 FEET;
8. THENCE SOUTH 50°17'40" EAST, 14.11 FEET;
9. THENCE ALONG A NON TANGENT CURVE, CONCAVE TO THE SOUTH EAST, FROM WHICH POINT THE CENTER BEARS SOUTH 74°14'36" EAST, HAVING A RADIUS OF 2065.00 FEET, THROUGH A CENTRAL ANGLE OF 2°05'40", AN ARC LENGTH OF 75.49 FEET, TO A POINT OF REVERSE CURVATURE;
10. THENCE ALONG A TANGENT CURVE TO THE RIGHT, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 1go34•2a•, AN ARC LENGTH OF 34.16 FEET TO A POINT OF
REVERSE CURVATURE, FROM WHICH POINT THE CENTER BEARS NORTH 54°40'09" WEST;
11. THENCE ALONG SAID REVERSE CURVE, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 21°24'35", AN ARC LENGTH OF 33.63 FEET TO A POINT OF TANGENCY;
12. THENCE SOUTH 13°55'16" WEST, 126.00 FEET;
13. THENCE ALONG A TANGENT CURVE TO THE RIGHT, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 82°49'52", AN ARC LENGTH OF 57.83 FEET TO A POINT OF TANGENCY;
14. THENCE NORTH 83°14'52" WEST, 118.41 FEET;
15. THENCE NORTH 76°55'18" WEST, 207.00 FEET;
16. THENCE NORTH 82°33'44" WEST, 162.80 FEET;
17. THENCE NORTH 76°55'18~ WEST, 264.15 FEET;
18. THENCE NORTH 86°16'42'' WEST, 95.27 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.38 ACRES, MORE OR LESS.
-2-
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
FOULK CIVIL ENGINEERING, INC.
CIVIL ENGINEERING - LAND SURVEYING
4777 MANGELS BOULEVARD
FAIRFIELD, CA 94534
OFFICE (707) 864-0784
FAX (707) 864-0793
Oct. 7, 2024
23-024
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY TO BE GRANTED TO THE
MANKAS CORNER HOLDINGS, LLC
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF SOLANO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE LANDS OF THE CITY OF FAIRFIELD AS DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 2004 AS DOCUMENT NUMBER 2004-00188713, SOLANO COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THE LANDS OF THE
CITY OF FAIRFIELD AS DECRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 2004 AS DOCUMENT NUMBER 2004-00188713, SOLANO COUNTY RECORDS, SAID POINT BEING ALONG THE NORTHERLY LINE OF MANKAS CORNER ROAD;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LANDS OF THE CITY OF FAIRFIELD, N 0°01'46" W 60.15 FEET TO THE NORTHWESTERLY CORNER OF SAID LANDS OF THE CITY OF FAIRFIELD; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LANDS OF THE CITY OF FAIRFIELD, S 86°16'42" E 60.i 3 FEET; THENCE LEAVING SAID NORTHERLY LINE, S 0°01 '46" E 60.25 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LANDS
OF THE CITY OF FAIRFIELD, SAID POINT BEING ON SAID NORTHERLY LINE OF MANKAS CORNER ROAD; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF
THE CITY OF FAIRFIELD AND SAID NORTHERLY LINE OF MANKAS CORNER ROAD, N 86°10'42" W 60.14 FEET TO THE POINT OF BEGINNING.
Containing 3,612 Square Feet, more or less ~ \,AND~
~$> ~ '( D. i~~
fflt 0
tt~ ~ ~ Y.* '
~ No. 7071 ,£:;-v:! ~ <::' 0~ 7 Ot:cAL\'<- ~ BRAD D. OULK, PLS 7071 EXPIRES: 12/31/2024
SHEET I OF I
t IIANKAS CORNER HOI.DINGS, LLC.
(2024-00029585)
APN 151- 150-22
--- ---- -
IIAN KAS CORNER ROAD
( COUN T'fROADNO, g g J
I
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I
I
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1:1
ii~ S8676'.#2t: 1
n ~ /?;6i::a:--:1J'::-r/ "'7'/~ - - - - ----
/ / , / / --- -- I ,... / / / / / /
t:: / / / / / / /~ - - - :-.'lt, / / / / / / J· - -, - ·; ci' / / / / / /· ~ - 3/ / / / / / /~ !if QTY OF FAIRFIELD '° / / / / / / / ~ (2004-0018811JJ I ·0.<9 / / / / / / / / APN 151-880-14 . / , / / / / N8670'.#2"W/ / I r -..;.;.;:-=.:Ba~.1:.z;;.,,~ :...J _ - - --- - - - I --- --- --~t---
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APN 151-880-16
--- --- -- - --- --- ----- --- -- -- -- -- --- ---j...___ BRADLEY D. FOULK PLS 7071
EXPIRES 12- 31- 24
F CE FOULK CML BNGINBERING, INC.
CIYII lfnlloeerl,.. Load Surrey/,.. PIOllllUJI
4777 IIU11olo Boulevard , r a.1rt1old, CA IUll34
{707/804 - 0784 tu {707/884- 0793 •-mall: foullro••lfDl•ll.oom EXHIBIT '8' P<RTION OF THE LANDS OF
THE QTY OF FAIRFIELD TO BE GRANTED TO i-c= --"'- ~ ~ - -i IIANJ<AS CORNER HOI.DINGS, LLC. 0/WI/N 8~ A.JI
sa.ANO COUNTY, CAJ..JFORNIA C11ECK£O Bf. OJ
CITY
SCAL£: ,•.40•
OATf: 10 7)7 '24
OIIC: 2J-024
.KJIJ NO: 2J-024
EXHIBIT "C"
FORM OF GRANT DEED
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
Mankas Corner Holdings, LLC
2875 Mankas Comer Road
Fairfield, CA 94534
Attn: Steve Van Dewark
APN: A portion of APN 0151-880-140
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF FAIRFIELD, a municipal corporation ("Grantor"), hereby GRANTS to the MANKAS CORNER HOLDINGS, LLC, a Texas limited liability corporation ("Grantee"), that certain real property located in the City of Fairfield, County of Solano, State of California, more particularly described on Exhibit "A" attached hereto, including all improvements thereon (the "Property"), SUBJECT TO all matters of public record and all matters apparent from a diligent inspection of the Property,
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below.
GRANTOR:
CITY OF FAIRFIELD
By: _
Print Name: ----------- Title: City Manager
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
'--- - ~ '"== = = = = = = = = =='--- ' before me, _
)
)
(insert name and title of the officer)
Notary Public, personally appeared _
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ (Seal)
Exhibit A To Grant Deed
Legal Description
FOULK CIVIL ENGINEERING, INC.
CIVIL ENGINEERING - LAND SURVEYING
4777 MANGELS BOULEVARD
FAIRFIELD, CA 94534
OFFICE (707) 864-0784
FAX (707) 864-0793
Oct. 7, 2024
23-024
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY TO BE GRANTED TO THE
MANKAS CORNER HOLDINGS, LLC
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF SOLANO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE LANDS OF THE CITY OF FAIRFIELD AS DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 2004 AS DOCUMENT NUMBER 2004-00188713, SOLANO COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THE LANDS OF THE
CITY OF FAIRFIELD AS DECRIBED IN THE DOCUMENT RECORDED DECEMBER 30, 2004 AS DOCUMENT NUMBER 2004-00188713, SOLANO COUNTY RECORDS, SAID POINT BEING ALONG THE NORTHERLY LINE OF MANKAS CORNER ROAD;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LANDS OF THE CITY OF FAIRFIELD, N 0°01'46" W 60.15 FEET TO THE NORTHWESTERLY CORNER OF SAID LANDS OF THE CITY OF FAIRFIELD; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LANDS OF THE CITY OF FAIRFIELD, S 86°16'42" E 60.i3 FEET; THENCE LEAVING SAID NORTHERLY LINE, S 0°01'46" E 60.25 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LANDS
OF THE CITY OF FAIRFIELD, SAID POINT BEING ON SAID NORTHERLY LINE OF MANKAS CORNER ROAD; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF
THE CITY OF FAIRFIELD AND SAID NORTHERLY LINE OF MANKAS CORNER ROAD, N 86°10'42" W 60.14 FEET TO THE POINT OF BEGINNING.
Containing 3,612 Square Feet, more or less &:? \.AND~
f.'_£) # " D. ~ '9~
fflt 0
\~t ~ ~ Y,* '
~ =- -'---.P..:."""---- - - ___:_l~..'...!/;..s::.1,!1./'k.!,'..1-~- - ~ x No. 7071 r?-~:I BRADD. OULK, PLS 7071 ~~~OFcA\ . .\''<-O-P' EXPIRES: 12/31/2024 _ :,::;---
SHEET I OF I
MANKA$ CORNER HatJINGS, LLC.
(2024-00029565}
APN 151- 150-22
TRANSFER PARCEL
:fJ,612 SF
S8676~2"F:
--- --- -- 60.14'
MANKAS COR NE R ROAD
( COll N T YR OAON 0 . 9 9 )
APN 151-880-16
----- ------- I
----- ------- 1----- arr OF FAIRFIELD
(2004-00188713)
APN 151-880-14
----- - - ---- - - ----
--- --- --- --- --- ------ - ---- -
BRADLEY D. FOULK PLS 7071
EXPIRES 12- 31- 24
I
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----- ---r---
I
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I ----- ----- - - ---- - - ---- - - -j..__ -
F CE FOULK CIVIL BNGINEBRING, INC.
Cl-.11 1rn1ineerlD41 t. nd llun •P lllt Plonnllllt
4777 II UJlf' I• Boulevard, FalrlJ eld, CA 846:U ·
(101}8/U- 010< tu (101}8/U- 01113 o- m•U: foullroeep aU.oam EXHIBIT '8' PORTION OF THE LANDS OF
THE arr OF FAIRFIELD TO BE GRANTED TO
MANKA$ CORNER HatJINGS, LLC. t-'OH.cc-~C".'.'.IIN:"-8::::r.- A':'":.Jl::-- - -""j sa.ANO COIJNTY, CAJ.JFrJRNIA IJl((J([/} Br. OJ
CITY
SCAlE: ,•.,w· OATf: ,o '07 '24
011{;: 2J-024
JOB NO: 2J-024
Agenda Item No: K.4
AGENDA REPORT
DATE: January 21, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-03 CD Amending Budget for Intergovernmental Services Fund
Amending the Budget for the Intergovernmental Services Fund
Funding Source: $194,948; Intergovernmental Services Fund
Contact: Dave Zellers, (707) 428-7436
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Amend the Intergovernmental Services Fund (IGS) budget to incorporate an additional $194,948 in revenue and corresponding expenses.
DISCUSSION
The City of Fairfield was awarded $194,948 from a class-action ruling in favor of several cities in California (City of San Diego, et al. v Invitation Homes). These funds are unanticipated reven ue; the funds were received by the City via wire transfer in October 2024. The city manager directed these funds to be placed in the IGS for use by the Community Development Department. The Community Development Department has immediate and long -term ope rational needs that these funds can be used for in the current fiscal year as well as in future fiscal years in conjunction with other ongoing City projects. The planned use of these specific funds will include improvements to the 2nd floor of City Hall, the completion of an economic development marketing video to be aired nationwide, a comprehensive building fee methodology study, an analysis of the City’s development processes and procedures, and , if any funds remain , an analysis to catalog property blight on Texas Street and/or North Texas Street.
FINANCIAL IMPACT
These are one -time funds that will be utilized for expenses of the Community Development Department.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
No public input has been sought. However, should the resolution be approved, there would be engagement of external stakeholders and outside experts as part of the planned studies and analysis to be funded by these dollars.
ALTERNATIVE ACTION
The Council may choose not to approve the resolution.
COORDINATED WITH
City Attorney’s Office, City Manager’s Office, Finance
STAFF CONTACT
Dave Zellers, Director of Community and Economic Development (707) (707) 428-7436
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
CITY OF FAIRFIELD
RESOLUTION NO. 2025-03
AMENDING THE BUDGET FOR THE INTERGOVERNMENTAL SERVICES FUND
WHEREAS, on June 4, 2024, City Council approved Resolution 2024-133 approving the “Mid Cycle Update to FY 2024 -2024 and 2024 -2025” which includes the Intergovernmental Services Fund; and
WHEREAS, Fairfield is the recipient of $194,947.72 as proceeds from a class-action legal decision in favor of several cities in California; and
WHEREAS, the City received these funds via a wire transfer in October 2024; and
WHEREAS, the Community Development Department is able to utilize these funds immediately for facility, operational, and strategic investments to support the residents and businesses in the city.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council amends the budget for the Intergovernmental Services Fund to include an additional $194,947.72 in revenue for use by the Community Development Department.
PASSED AND ADOPTED this 21st day of January 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
Agenda Item No: K.5
AGENDA REPORT
DATE: January 21, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-04 PD Edward Byrne Memorial Justice Assistance Grant Program
Authorizing the City Manager to Execute the Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation
Funding Source: $132,778; Special Programs Fund
Contact: Dan Marshall, (707) 428-7374
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Police Department would like to apply for funding by award from the fiscal year (FY) 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
DISCUSSION
The United States Department of Justice provides annual grant awards through the JAG Program.
The Fairfield Police Department in partnership with the Vallejo Police Department and Vacaville Police Department have applied for funding each year for the past ten consecutive years. Solano County will also be participating in the partnership application for the FY 2024 JAG Program, however they will not be requesting funds this year. Collectively, the FY 2024 JAG Program allocation would focus on three prioritie s: 1) strengthening community safety, 2) improving officer capabilities, and 3) preventing and interrupting violent crime through innovative policing.
A Memorandum of Understanding (MOU) has been drawn between the City of Vacaville, the City of Vallejo, and Solano County where the Fairfield Police Department has been designated to act as the Fiscal Agent for the FY 2024 grant period.
The Fairfield Police Department agrees to re -allocate Cities JAG Program funds of $132,778 as follows:
To the City of Vallejo: $ 75,302
To the City of Fairfield: $ 39,222 (includes $3,983/administrative costs) To the City of Vacaville: $ 18,254
To the County of Solano $0 (No 2024 JAG allocation from the BJA)
FINANCIAL IMPACT
With the acceptance of the grant, the police dep artment will receive $132,778. The City of Fairfield portion of the grant will be used to strengthen community safety and enhance officer capabilities through innovative policing strategies by establishing a Real-Time Information Center (RTIC). A special programs fund will be used for the grant (Fund 155, Division, Responsibility code 50199, and Project code 10612).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to accept the grant funding.
COORDINATED WITH
N/A
STAFF CONTACT
Brad Collins, Captain
(707) 428-7343
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Memorandum of Understanding
CITY OF FAIRFIELD
RESOLUTION NO. 2025-04
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FISCAL YEAR 2024 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM LOCAL SOLICITATION
WHEREAS, the County of Solano, hereafter referred to as COUNTY, and the Cities of Vacaville, Fairfield, and Vallejo, hereafter referred to as CITIES, are jointly eligible for a Federal allocation of funds from the fiscal year (FY) 202 4 Edward Byrne Memorial Justice Assistance (JAG); and
WHEREAS, the grant requires one agency to serve as the Fiscal Agent for the funds and administer the financial and programmatic requirements and the COUNTY and CITIES, through a Memorandum of Understanding (MOU), designated the City of Fairfield to serve as the Fiscal Agent; and
WHEREAS, the COUNTY and the CITIES agreed to re -distribute the grant funds as outlined in the MOU, including to allocate up to 10% of the award to the City of Fairfield for administrative costs associated with the grant; and
WHEREAS, the City of Fairfiel d will receive $35,239 of grant funding to strengthen community safety and enhance officer capabilities through innovative policing strategies by establishing a Real-Time Information Center (RTIC) ; and
WHEREAS, the City Council of the City of Fairfield recognizes the need and benefit to the COUNTY and CITIES of participating in the JAG program .
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized to apply for a FY 2024 Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice’s Bureau of Justice Assistance in the amount of $132,778.
Section 2. The city manager is authorized to accept on behalf of the City FY 202 4 Edward Byrne Memorial Justice Assistance Grant award, and the mayor is authorized to execute a grant agreement with the United States of America acting through its Department of Justice.
Section 3. The city manager is authorized to execute the MOU with the City of Vacaville, the City of Vallejo, and Solano County fo r the distribution of FY 202 4 Edward Byrne Memorial Justice Assistance Grant funds. The city manager may execute amendments to the MOU with City of Vacaville, the City of Vallejo, and Solano County.
RES. NO. 2025-04
Section 4. The city manager is authorized to provide suc h information and assurances as are required for FY 2024 Edward Byrne Memorial Justice Assistance Grant application.
Section 5. The Fairfield Police Department Financial Services Unit is authorized to perform all administrative matters related to FY 202 4 Edward Byrne Memorial Justice Assistance Grant application, grant agreement, amendments, and reimbursement requests, and to submit required online grant documents on the city manager’s behalf.
PASSED AND ADOPTED this 21st day of January 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
JAG 2024 Award#:
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SOLANO AND THE CITIES OF
FAIRFIELD, VACAVILLE AND VALLEJO
ANNUAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Memorandum of Understanding (“MOU”) is made and entered into this day of , 2025, by and between the County of Solano, acting by and through the County Sheriff, hereinafter referred to as COUNTY, and the Cities of Fairfield, Vacaville and Vallejo, acting by and through their respective Chiefs of Police, hereinafter referred to as CITIES. CITIES and COUNTY may be referred to from time to time individually as “party” or collectively as “parties.”
RECITALS
WHEREAS, COUNTY and CITIES find this MOU to be in the best interests of all parties, that the undertaking will benefit the public, and that the division of funding fairly compensates each party for the services or functions under this MOU; and
WHEREAS, COUNTY and CITIES, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and
WHEREAS, CITIES are jointly eligible for a Federal allocation of funds from the FY 2024 Edward Byrne Memorial Justice Assistance (JAG) Program (“JAG Program”) in the amount of $132,778; and
WHEREAS, the grant requires that one agency serve as the Fiscal Agent for the funds and administer the financial and programmatic requirements; and
WHEREAS, the City of Fairfield Police Department will serve in the capacity of Fiscal Agent for the JAG Program, and as such will file a JAG Program award application on behalf of CITIES; and
WHEREAS, CITIES believe it to be in their best interests to reallocate the $132,778 in JAG funding as provided in this MOU.
NOW THEREFORE, COUNTY AND CITIES agree as follows:
Section 1 - Re-Allocation of Funds
COUNTY and CITIES collectively agree to re-allocate CITIES JAG Program funds of $132,778 as follows:
To the City of Fairfield: $39,222 (includes $3,983/administrative costs) To the City of Vallejo: $75,302
To the City of Vacaville: $18,254
To the County of Solano: $0 (No 2024 JAG allocation from the BJA)
Section 2 – Grant Administration
The Fairfield Police Department will be the Fiscal Agent and Grant Administrator for the agencies in Solano County, California, participating in the FY 2024 JAG Program.
JAG 2024 Award#:
A. CITIES shall be responsible for submitting information regarding their JAG Program funded project(s), including project description, project objectives, implementation timeline, and budgetary information, to the Fairfield Police Department. The Fairfield Police Department will prepare a joint JAG Program award application on behalf of CITIES and shall submit the application to the Office of Justice Programs, BJA.
B. Upon receipt of the JAG Program funds, the Fairfield Police Department will deposit the entire award amount into an interest-bearing trust fund. The Fairfield Police Department will disburse funds to CITIES on a quarterly basis. Funds will be disbursed to individual CITIES after CITIES submission and approval of quarterly reports.
C. Upon request by the Fairfield Police Department, CITIES shall provide financial and program data from their JAG Program-funded project(s) for preparation of the appropriate quarterly and annual reports and any other reports required under the grant.
D. The Fairfield Police Department, as the Fiscal Agent, will prepare and submit the required financial and programmatic reports to the BJA.
E. CITIES agree to reallocate 3% of the total JAG Program funds, i.e. $3,983 to the Fairfield Police Department for the costs of administering the grant.
1. CITIES agree to expend the JAG Program funds within two years from the date of receipt of funds by the Fairfield Police Department.
2. If any of the CITIES do not expend their allocation of JAG Program funds within such 2 years, the Fairfield Police Department reserves the right to retain additional funds from that agency’s allocation to cover the additional administrative costs associated with continuing beyond two years. In accordance with BJA policies, the total administrative costs allocated to the Fairfield Police Department shall not exceed 10% of the total award, or $13,277.80, whichever is less.
3. When CITIES have expended their allocations, the Fairfield Police Department will reallocate any unexpended administrative funds and any trust fund interest to an existing or new Fairfield JAG Program project area, with BJA approval.
Section 3 – Records
CITIES shall retain sufficient records demonstrating their compliance with the terms of this MOU and the terms and requirements of the JAG Program. CITIES shall allow access to their records concerning this MOU and the JAG Program grant to the Fairfield Police Department, its employees and agents, for the purposes of administering the grant and ensuring compliance with all grant requirements.
Section 4 – Liability and Indemnification
All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation, and other benefits which apply to the activity of officers, agents or employees of any party when performing their respective functions within their territorial limits, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this MOU. Page 73 of 300
JAG 2024 Award#:
Each party shall indemnify, defend and hold harmless each other party and their respective officers, officials, employees, agents and volunteers from and against any and all liabilities, losses, damages, claims, expenses, and costs of every nature arising out of or in connection with its performance, failure to perform or failure to comply with any obligations contained in this MOU. No party shall be required to indemnify another party for liability caused by the negligence or willful misconduct of the other party or parties.
Section 5 – Third Parties
The parties do not intend for any third party to obtain a right by virtue of this MOU.
Section 6 – Obligations and Rights
By entering into this MOU, the parties do not intend to create any obligations expressed or implied other than those set out herein; further, this MOU shall not create any rights for any party not a signatory hereto. This MOU may only be amended by a writing signed by all of the parties.
County of Solano: Date:
County Administrator
City of Fairfield: Date:
City Manager
City of Vacaville Date:
City Manager
City of Vallejo: Date:
City Manager
Agenda Item No: K.6
AGENDA REPORT
DATE: January 21, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-05 PW Purchase and Install Cellular Routers and Automatic Vehicle Announcement System Equipment
Authorizing the City Manager to Purchase and Install Wireless Devices and Automatic Vehicle Announcement System Equipment for Transit Buses
Funding Source: $270,087; Public Works Transportation Enterprise Fund
Contact: Ron Bremer, (707) 434-3823
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
After a successful pilot program integrating automatic vehicle location (AVL) and automatic vehicle annunciation (AVA) systems, the City’s transit system, FAST, wishes to expand wireless functionality to the entire fleet by purchasing 29 wireless devices.
FAST also plans to utilize 15 spare interior LCD monitors to display important notices. For fleetwide consistency, 14 additional LCD monitors will need to be purchased. These interior display monitors will allow FAST transit vehicles to display up -to-date information through the wireless connection that the wireless devices make possible.
DISCUSSION
In May 2023, City Council approved Resolution 2023 -102 authorizing a pilot program between FAST, Swiftly, Inc. (Swiftly) and Hanover Displays, Inc. (Hanover). This innovative two -bus pilot program allowed connectivity to the Hanover signage and rider notification system.
The initial pilot program was successful and was expanded to include the three new battery - electric buses (BEBs). All five vehicles th at were part of the test program proved successful. To maintain equipment consistency across the FAST fixed route fleet, FAST staff recommends that the council authorize the purchase and installation of wireless devices and antennas on the remainder of FAST’s fixed route fleet.
FAST staff plans to reuse 15 existing LCD screens that were removed from previously owned FAST buses and purchase an additional 14 LCD screens for fleetwide consistency. Staff has obtained pricing and included a contingency reserve with the proposed action in case it is necessary to replace any of the 15 existing screens that no longer function.
Updating the Hanover LCD monitor system will ensure:
The current Hanover system control device will be replaced with a wireless device; and A combination of new and repurposed display screens will be mounted behind the driver seat to more easily display important notices.
Staff obtained quotes from three different vendors to purchase the wireless devices. RCN Technologies provided the lowest bid. In addition, FAST staff recommends using Hanover’s AVA system to maintain continuity of equipment throughout FAST’s fleet. Hanover would also install all new or repurposed wireless devices. The updated Hanover AVA system would save FAST money by having FAST staff complete updates versus continuing to have to pay Hanover to perform this work.
FINANCIAL IMPACT
The cost of purchasing the wireless devices with RCN, including five-year support, for 29 buses is $104,342.82 plus an additional 10% contingency of $10,434.82 for a total amount not to exceed $114,777.10.
The cost of purchasing the Hanover equipment and installing all the equipment is $123,435 plus an additional contingency amount of $31,875 to cover the potential cost of damages to t he 15 spare display screens for a total amount not to exceed $155,310.
The maximum cost of this project is $270,087.10 ($227,777.82 for the purchase and installation of the wireless devices with RCN and equipment with Hanover + $42,309.28 contingency for the wireless devices and the Hanover equipment and installation). The funds are budgeted in the Public Works Transportation Enterprise Fund (45160503).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may reject these purchases. However, this action is not recommended, as the City would still incur costs to pay the contractor for updating the AVA system, and it would reduce riders’ ease of access to important notices.
COORDINATED WITH
Information Technology (IT)
STAFF CONTACT
Ron Bremer, Transportation Technician
(707) 434-3823
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
Attachment 4: Proposed Quote
CITY OF FAIRFIELD
RESOLUTION NO. 2025-05
AUTHORIZING THE CITY MANAGER TO PURCHASE AND INSTALL WIRELESS DEVICES AND
AUTOMATIC VEHICLE ANNOUNCEMENT SYSTEM EQUIPMENT FOR TRANSIT BUSES
WHEREAS, the City of Fairfield entered into a pilot program with Swiftly, Inc. (Swiftly) and Hanover Displays, Inc. (Hanover) in 2023, as approved by Resolution 2023-102; and
WHEREAS, the City wishes to expand that pilot program to the entire fleet of transit veh icles in revenue service; and
WHEREAS, the City of Fairfield solicited quotes for the purchase of 29 wireless devices for its transit buses; and
WHEREAS, RCN Technologies (RCN) submitted a responsive quote to the solicitation; and
WHEREAS, RCN was determined to have the capability to manage this purchase agreement for 29 wireless devices; and
WHEREAS, the contract contains an information security record that would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of the City of Fairfield (Government Code 7929.210); and
WHEREAS, the City i dentified destination signs and the automatic vehicle annunciation (AVA) system provided by Hanover as the uniform standard in Fairfield’s transit vehicles , as approved by Resolution 2019-196; and
WHEREAS, the City wishes to enter into an agreement with Hanover to install all new or repurposed wireless devices and purchase and install Hanover AVA equipment.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute a purchase order with RCN for a total amount of $104,342.82.
Section 2. The city manager is hereby authorized to execute and administer amendments with RCN in the amount of 10% ($10,434.28) of the $104,342.82 purchase amount for a total not-to- exceed amount of $114,777.10.
RES. NO. 2025-05
Section 3. The city manager is hereby authorized to execute a contractor services agreement with Hanover for the purchase and installation of new AVA system equipment for a total amount of $123,435.
Section 4. The city manager is hereby authorized to execute and administer amendments with Hanover in the amount of $31,875 if it becomes necessary to purchase replacement display screens for a total not-to-exceed amount of $155,310.
PASSED AND ADOPTED this 21st day of January 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
1 Rev. 06/28/2024
CONTRACTOR SERVICES AGREEMENT
WIRELESS TECHN
OLOGY UPGRADE FOR FAST’S TRANSIT VEHICLES
THIS AGREEMENT is made at Fairfield, California, as of ______ 20___, by and between the City of Fairfield, a municipal corporation (“CITY") and Hanover Displays, Inc. ("CONTRACTOR"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONTRACTOR. CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.”
3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control.
6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department,
Fairfield City Hall, 1000 Webster
Street, Fairfield, CA 94533‐4883, (707‐428‐7509) and online at www.fairfield.ca.gov/biz 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect until the project is complet e and accepted by the CITY.
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9) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work /programs/advanced-clean-
fleets
EXEC
UTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By:
City Manager
CONTRA
CTOR
By:
9 Rev. 06/28/2024
EXHIBIT “B”
PAYMENT
1) The t
otal contract price for services rendered by CONTRACTOR under this Agreement shall be based on the written proposal submitted by CONTRACTOR and approved by the CITY. 2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice.
Final invoice to be submitted on completion of scope of work set forth in Exhibit “A”. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONTRACTOR and shall be billed on a time and materials basis to the City of Fairfield. Unauthorized work shall be at the CONTRACTOR’s expense.
10 Rev. 06/28/2024
EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CON
TRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONTRACTOR NOT AN AGENT. Exc
ept as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONT
RACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONT
RACTOR shall perform all services required pursuant to
this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.
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8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under th is Agreement
shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CON TRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra- hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.
It is understood that the duty of CONTRACTOR to indemnify and hold harmless includes the duty to defe
nd as set forth in Section 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONTRACTOR from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages. 11) PROHIBITED INTERESTS. N
o employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.
12) LOCAL EMPLOYMENT POLICY . The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor,
consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.
13) CONTRACTOR NOT A PUB LIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR conducts research and arrives at his or her
12 Rev. 06/28/2024
conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS . Whe n the CITY
executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited
liability partnership, corporation, limited liability corporation, non -profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR’s federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. Attenti
on is directed to Section 1777.5 of the Labor
Code as it applies to Apprenticeship Standards.
The g
eneral prevailing wage rates for each craft, classification, or type of workman shall be determined by the Director of Industrial Relations (available online at http://www.dir.ca.gov/dlsr/PWD/index.html - select the appropriate wage decision and then collect the wage decisions for Statewide, Northern California and Solano County). A copy of these wage rate determination are kept on file are available for review at the Office of the City Engineer located at 1000 Webster Street.
In acc
ordance with the provisions of Section 1860 of the California labor Code, attention is directed to the requirement that in accordance with the provisions of Section 3700 of the California Labor Code, every contactor will be required to secure the payment of compensation of his or her employees.
Attentio
n is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.
13 Rev. 06/28/2024
16) CONTRACT BONDS (required for projects above $25k). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the prote
ction of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
The Ci
ty Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds.
15 Rev. 06/28/2024
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.
Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Ins
urance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CON SULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].
All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB -CONTRACTORS. C O
NSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
17 Rev. 06/28/2024
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. City is the principal beneficiary of this bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument shall for all purposes be deemed an original hereof, have been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Contractor” “Surety”
By: By:
Title Title
By: By:
Title Title
(Seal) (Seal)
Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
[81 Check this box if section does not apply City Initial _re. Contractor Initial
PAYMENT BOND
(LABOR AND MATERIALS)
(include if project is over $25k}
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Fairfield ("City") has awarded to _______ ________ _ (Name and address of Contractor)
("Contractor"), a contract (the "Contract") for the work described as follows:
Wireless Technology Upgrade for FAST's transit vehicles WHEREAS, Contractor is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Contractor, as Principal, and ___________ _ (Name ond address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of _____________________ _ Dollars($ ______________ ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Contractor, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil 18 Rev. 06/28/2024
19 Rev. 06/28/2024
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court.
FURTH
ER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.
IN WITNESS WHEREOF this instrument shall for all purposes be deemed an original hereof, have been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Contractor” “Surety”
By: By:
Title Title
By: By:
Title Title
(Seal) (Seal)
Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any
21 Rev. 06/28/2024
Signer’s Name: ________________________