Kerman City Council
August 13, 2025

JOINT MEETING OF THE KERMAN CITY COUNCIL

AND KERMAN PUBLIC FINANCE AUTHORITY

MEETING AGENDA
Wednesday, August 13, 2025 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $500 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.

1. OPENING CEREMONIES
A. Call to Order
B. Roll Call
C. Invocation
D. Flag Salute

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.

3. PRESENTATIONS/CEREMONIAL MATTERS
None.

4. PUBLIC FORUM (for matters not on agenda)
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any 1 action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.

5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes - July 23, 2025
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Payroll (JA)
07/06/2025 to 07/19/2025: $278,342.12; Retro Pay & Other: $7,547.07; Overtime: $9,328.21; Standby: $1,702.67; Comp Time Earned: 24.38
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Resolution concerning Local Transportation Purposes Funds (Measure C) (JA) RECOMMENDATION: Council by motion adopt resolution approving submittal of Local Transportation Purposes Certification and Claim for Fiscal Year 2025/2026 (Measure C).

D. SUBJECT: California for All Animals UC Davis Shelter Services Grant (SW) RECOMMENDATION: Council by motion adopt resolution accepting grant funds and approving Shelter Services Agreement with Regents of the University of California relating to statewide animal assistance program.

E. SUBJECT: Amendment to Agreement with Muniservices, LLC (JA) RECOMMENDATION: Council by motion adopt resolution approving Amendment No. 3 to Consultant Services Agreement with Muniservices, LLC and authorize the City Manager to sign.

F. SUBJECT: Amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (JA)
RECOMMENDATION: Council by motion adopt resolution approving amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority.

G. SUBJECT: City Council Designate Mayor Pacheco and Councilmember Herrera as Voting Delegates and Alternate at the California League of Cities Annual Conference and Expo (Cal Cities) on behalf of the City of Kerman (JC)
2 RECOMMENDATION: Council by motion approve the designation of Mayor Pacheco as a voting delegate and Councilmember Herrera as alternate on behalf of the City at the California League of Cities Annual Conference and Expo in Long Beach.

H. SUBJECT: Consideration of Resolution Approving Lease with Kerman Telephone Co., a California Corporation dba Sebastian for Equipment Installation on City-Owned Tower Located City Corporation Yard, Including Portions of APNs: 023-060-63u, 023-060-64, 023-060-65st, and 023- 060-69st Commonly Known as 15201 W. California Avenue, Kerman, CA (JAJ) RECOMMENDATION: Council by motion adopt resoltuion approving Lease with Kerman Telephone Co., a California corporation dba Sebastian for equipment installation on City-owned tower located City Corporation Yard, including portions of APN(s): 023-060-63u, 023-060-64, 023-060-65st, and 023-060-69st commonly known as 15201 W. California Avenue, Kerman, California 93630.

I. SUBJECT: Reimbursement of Capital Expenditures from Proceeds of Tax-Exempt Obligations (JA)
RECOMMENDATION: Council by motion adopt resolution declaring intention to reimburse expenditures from proceeds of tax-exempt obligations.

J. SUBJECT: Amendment to Joint Exercise of Powers Agreement for the Kerman Public Financing Authority (JA)
RECOMMENDATION: Council by motion authorize execution and delivery of first amendment to joint exercise of powers agreement.

6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.

A. SUBJECT: Resolution Confirming and Ordering Tract 6430 Annexation into Kerman Landscaping and Lighting District No. 1, Area 16, and Establishing a Levy of Assessments for the Annexed Territory (JG)
RECOMMENDATION: Council by motion adopt resolution confirming and ordering Tract 6430 annexation into Kerman Landscaping and Lighting District No. 1, Area 16, and establishing a Levy of Assessments for the annexed territory.

7. DEPARTMENT REPORTS
(ITEM 7.A REQUIRES PUBLIC FINANCE AUTHORITY ACTION)
A. SUBJECT: Establishing Regular Meetings of the Kerman Public Financing Authority (JA) 3 RECOMMENDATION: Board of directors of the Financing Authority by motion adopt resolution establishing regular meetings and approving related actions.

B. SUBJECT: Resolution Authorizing Assignment of Lease from City of Kerman to the Kerman Public Financing Authority for 942 South Madera Avenue (JAJ), (JA) RECOMMENDATION: Council by motion adopt resolution approving assignment of lease of 942 South Madera Avenue from the City of Kerman to the Kerman Public Financing Authority for the purpose of facilitating the capital projects funding program of the City.

C. SUBJECT: Resolution Approving Final Map, Subdivision Agreement, Right-to-Farm Covenant, Landscape and Lighting District Covenant, Temporary Storm Drainage Basin Covenant and Acccepting Dedication of Right-of-Way for Public Street and Utility Purposes for Tract No. 6430 (JG)
RECOMMENDATION: Council by motion adopt resolution pertaining to Tract No. 6430 as follows:

1. Approving Final Map and Subdivision Agreement

2. Approving Covenant Acknowledging Right To Farm Law

3. Approving Covenant Accepting Annexation into Landscape and Lighting District No. 1

4. Approving Covenant and Agreement for Temporary Storm Drainage Basin Use

5. Accepting Dedication of Right-of-Way for Public Street and Utility Purposes over a portion of APN 020-160-18S

6. Authorizing the Mayor and City Manager to sign the Subdivision Agreement and Covenants as appropriate.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of a Council Member, and (iv) to take action on matters initiated under this section of the agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.)

10. CLOSED SESSION
None.

11. ADJOURNMENT
4 NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 550-1414.

The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 550-1414 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

AGENDA POSTING CERTIFICATION
I, Josie Camacho, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

Date: August 8, 2025 /s/ Josie Camacho, City Clerk
5 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, July 23, 2025 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order - 6:01 p.m.

B. Roll Call - All present except Mayor Pro Tem Yep and Councilmember Herrera.

C. Invocation - Performed by Ken Boyd
D. Flag Salute – Performed.

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Councilmember Hall, Seconded by Councilmember Dhaliwal Ayes: Hall, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: Yep, Herrera
Motion passes 3-0-0-2

3. PRESENTATIONS/CEREMONIAL MATTERS
A. 2025 Kanammi Delegation Presentation (TJ) – Presented.

4. PUBLIC FORUM - Cherie Smith, Ken Boyd

5. CONSENT CALENDAR
Motion made to accept the Consent Calendar, excluding Item 5.G, which was pulled for discussion by Councilmember Hall, Seconded by Councilmember Dhaliwal Ayes: Hall, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: Yep, Herrera
Motion passes 3-0-0-2
A. SUBJECT: Minutes - July 9, 2025
RECOMMENDATION: Council approved minutes as presented
6 Section 5, Item A.

B. SUBJECT: Warrants (JA)

1. Nos. 32242-32354 $1,015,504.58 ACH $127,867.59.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
6/22/25 to 07/5/25: $268,549.90; Retro Pay & Other: $0.00; Overtime: $9,243.48; Holiday:
$2,476.66; Standby: $1,896.73; Comp Time Earned: 54
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Resolution Accepting the Goldenrod Avenue Rehabilitation – Kearney Boulevard to San Joaquin Valley Railroad, Federal Project No. STPL-5291(034) and Authorizing Filing of the Notice of Completion (JG)
RECOMMENDATION: Council by motion adopt the resolution accepting the Goldenrod Avenue Rehabilitation – Kearney Boulevard to San Joaquin Valley Railroad, Federal Project No. STPL5291(034) and authorizing the City Engineer to record the Notice of Completion. - Res. 25-50 F. SUBJECT: Reorganization of Positions in the Community Services Department (JJ), (AC), (TJ) RECOMMENDATION: Council by motion adopt resolution approving new position of Lead Supervisor in the Parks, Recreation, and Community Services Department and related job description and deleting position of Building and Facilities Supervisor position. - Res. 25-51 G. SUBJECT: Award of Contract for Street Sweeping Services (MB) RECOMMENDATION: Council by motion adopt resolution to:

1. Award contract for Street Sweeping to Mid-Valley Disposal, LLC in the amount of $155,904.00; and

2. Authorize the City Manager to sign the street sweeping contract on behalf of the City. - Res. 25-52
ITEM 5.G - Motion made to approve with the changes noted to the prevailing wages by Councilmember Hall, Seconded by Councilmember Dhaliwal.

Ayes: Hall, Dhaliwal, Pacheco
Noes: None
7 Section 5, Item A.

Abstain: None

Absent: Yep, Herrera
Motion passes 3-0-0-2

6. PUBLIC HEARINGS - Opened - 6:22 p.m.

A. SUBJECT: Public Hearing and Approval of Resolution Confirming Diagram and Assessments for the Annual Levy, 2025-2026, for Landscaping and Lighting District No. 1 (JG) RECOMMENDATION: Council conduct a public hearing, receive public testimony, and adopt resolution confirming the diagram and assessments for Landscaping and Lighting District No. 1 for the 2025-2026 annual levy in the amounts specified and authorize the City Clerk to record the diagram and assessment with the Fresno County Auditor-Controller. - Res. 25-53 Closed - 6:34 p.m.

Public Comment: Scott Bishop
Motion made by Councilmember Dhaliwal, Seconded by Councilmember Hall Ayes: Dhaliwal, Hall, Pacheco
Noes: None
Abstain: None

Absent: Yep, Herrera
Motion passes 3-0-0-2

7. DEPARTMENT REPORTS
A. SUBJECT: Ratification of Well No. 14 Emergency Water Well Repair (MB) RECOMMENDATION: Council by motion adopt resolution ratifying emergency repairs to Well No. 14 and the procurement of services for the repairs from Zim Industries, Inc. in the amount of $176,443.58. - Res. 25-54
Motion made by Councilmember Dhaliwal, Seconded by Councilmember Hall.

Ayes: Dhaliwal, Hall, Pacheco
Noes: None
Abstain: None

Absent: Yep, Herrera
Motion passes 3-0-0-2

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS

10. CLOSED SESSION - None
8 Section 5, Item A.

11. ADJOURNMENT - 6:57 p.m.

MINUTES CERTIFICATION
I, Josie Camacho, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at Kerman City Hall, 850 S. Madera Ave, Kerman, CA.

Date: July 24, 2025 /s/ Josie Camacho, City Clerk
9 Section 5, Item A.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 278,342.12 $ 7,547.07 189.87 $ 9,328.21 0.00 $ - 72.75 $ 1,702.67 $ 296,920.08 24.38 PAY PERIOD: July 06, 2025 - July 19, 2025
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

10 Section 5, Item B.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Resolution concerning Local Transportation Purposes Funds (Measure C) (JA) RECOMMENDATION: Council by motion adopt resolution approving submittal of Local Transportation Purposes Certification and Claim for Fiscal Year 2025/2026 (Measure C).

EXECUTIVE SUMMARY:

Each year, the Fresno County Transportation Authority (FCTA) provides the City of Kerman with information regarding Measure C funding allocations that will be made available to the City throughout the new fiscal year. The City is required to approve and claim these allocation amounts by way of resolution before such funds can be disbursed to the City.

DISCUSSION:

In November of 2006, the voters of Fresno County approved an extension of the one-half cent sales tax increase known as Measure C to fund regional and local transportation projects. The Fresno County Transportation Authority (FCTA) is the administering agency for these funds. The FCTA, on an annual basis, determines the allocation of Measure “C” funds to all cities and the County of Fresno based on population and road miles.

For Fiscal Year 2025/2026 the FCTA is projecting $38,362,528 in Measure C funds. The FCTA allocates these funds in the following categories:

Category Amount
Street Maintenance $16,963,777
ADA Compliance $593,732
Flexible Funding $16,950,102
Ped/Trails Urban $2,383,799
Ped/Trails Rural $587,213
Bicycle Facilities $883,905
Total $38,362,528
11 Section 5, Item C.

The allocations for the City of Kerman are:

Category Amount
Street Maintenance $283,838
ADA Compliance $9,934
Flexible Funding $347,972
Total $641,744
These allocations are based on Kerman’s 2025 population of 17,535 and 46.8 road miles. These revenues are a critical funding source to help the City maintain streets, sidewalks and infrastructure.

The City Council must adopt a resolution claiming Fiscal Year 2025/2026 Measure C funds and agreeing to spend the funds for local transportation related purposes, to separately account for the funds and to report prior fiscal years funding claims by August 15, 2025.

FISCAL IMPACT:

The City of Kerman will receive a total of $641,744 in Measure C funds in Fiscal Year 2025/2026, according to the Fresno County Transportation Authority.

ATTACHMENTS:

A. Resolution w/Exhibit
12 Section 5, Item C.

Attachment ‘A’
RESOLUTION NO. 25-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING

SUBMITTAL OF LOCAL TRANSPORTATION PURPOSES CERTIFICATION AND CLAIM FOR FISCAL YEAR 2025/2026 (MEASURE C)
WHEREAS, the City of Kerman is an eligible claimant of funds for Local Transportation Purposes pursuant to California Public Utilities Code Section 142257; and WHEREAS, the Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2025/2026 setting the City of Kerman’s percentage at 1.67% which shall be the proportionate share of local Transportation Purposes monies to which the City shall be entitled within the Fiscal Year.

NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:

The foregoing recitals are true and correct and incorporated by reference.

1. The City of Kerman hereby submits its Local Transportation Purposes Certification and Claim for Fiscal Year 2025/2026 attached as Exhibit ‘A’ and incorporated by reference.

2. The City of Kerman hereby requests the release of funds to the City on a monthly payment basis, consistent with the adopted apportionment and proportionate to the receipts.

3. The City Council of the City of Kerman certifies:
a. Local Transportation Purposes Funds will not be used to substitute for property tax funds which the City of Kerman had previously used for Local Transportation Purposes; and
b. City of Kerman has and will segregate property tax revenues from the City’s other general funds revenues used to support Local Transportation so that verification of non-substitution can be proved through audit; and c. City of Kerman shall separately account for Local Transportation Purposes Funds received, pursuant to California Public Utilities Code Section 142257.

The City shall maintain records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the Authority for inspection or audit at any time; and
13 Section 5, Item C.
d. City shall complete the prior fiscal years reporting requirements and claims forms no later than August 15, 2025. Reports not filed with the Authority by August 15, 2025 will result in a stoppage of allocations until a completed report is filed for each program and sub-program.

4. The City of Kerman understands that should a financial or compliance audit reveal that the City of Kerman violated any of the requirements set forth in paragraph 3 (a), (b), (c) or (d), the Fresno County Transportation Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures.

5. The City hereby requests the Authority to allocate all funds that become available from the Local Transportation Purpose Funds to the City for Fiscal Year 2025/2026, as identified in the attached claim forms and indicated below, in accordance with the adopted “Procedures for Administration of Funds for Local Transportation Purposes”:

Category Amount
Street Maintenance $283,838
ADA Compliance $9,934
Flexible Funding $347,972
Total $641,744

6. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 13th day of August 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
14 Section 5, Item C.

Exhibit ‘A’
15 Section 5, Item C.
16 Section 5, Item C.
17 Section 5, Item C.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Steve Wilkins, Chief of Police
SUBJECT: California for All Animals UC Davis Shelter Services Grant (SW) RECOMMENDATION: Council by motion adopt resolution accepting grant funds and approving Shelter Services Agreement with Regents of the University of California relating to statewide animal assistance program.

EXECUTIVE SUMMARY:

The City of Kerman continues to address the growing challenge of free-roaming and feral cat populations, which pose risks to public health, animal welfare, and the local ecosystem. In support of the State of California’s policy goal that no adoptable or treatable dog or cat should be euthanized, the City is committed to reducing the number of dogs and cats that are euthanized through progressive, humane strategies. Traditional methods such as euthanasia are being replaced with sustainable alternatives like Trap-Neuter-Return (TNR) and Shelter-Neuter-Return (SNR) programs. These initiatives are currently being implemented with support from local volunteers and funding from previous grants. The UC Davis Koret Shelter Medicine Program team of veterinary shelter medicine experts supports this work through a holistic approach to animal shelter assessments—evaluating community capacity, partnerships, local ordinances, and organizational culture, while identifying operational bottlenecks that, if resolved, can rapidly improve efficiency and lifesaving outcomes.

To further these efforts, Kerman Animal Control Services has been awarded a $40,000 grant from the California for All Animals program, administered by the UC Davis Koret Shelter Medicine Program. These funds will support spay/neuter services, vaccinations, essential supplies, and equipment, while also expanding community-based solutions to reduce pet surrenders, prevent abandonment, and improve access to veterinary care for both owned and impounded animals. The funding will also help create a fee-waiver program for impounded animals when owners agree to spay or neuter their pets upon reclaim, further enhancing the care provided to animals in custody and contributing to the State’s goal of reducing euthanasia of adoptable or treatable pets.

As part of the grant conditions, Kerman Animal Control Services will provide historical data from 2020 to 2024, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals program. The department is already collecting historical data for quarterly reports and will not require additional staffing to fulfill these reporting requirements. This grant reinforces the City’s commitment to innovative, humane, and effective animal services while advancing California’s broader policy goals in animal welfare.
18 Section 5, Item D.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution w/Exhibit
19 Section 5, Item D.

Attachment ‘A’
RESOLUTION NO. 25- __

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN ACCEPTING GRANT

FUNDS FROM UC DAVIS AND THE KORET SHELTER MEDICINE PROGRAM AND

APPROVING THE SHELTER SERVICES AGREEMENT WITH REGENTS OF THE UNIVERSITY

OF CALIFORNIA RELATING TO STATEWIDE ANIMAL ASSISTANCE PROGRAM WHEREAS, the City of Kerman provides Animal Control Services, which include the responsibility of providing care to impounded animals, and assisting with solutions in the field to avoid the surrender or abandonment of animals within the city limits of Kerman; and WHEREAS, the City continues to face the growing challenge of managing free-roaming and feral cat populations, which pose risks to public health, animal welfare, and the local ecosystem; and WHEREAS, the City supports the State of California’s policy goal that no adoptable or treatable dog or cat should be euthanized, and is committed to reducing the number of dogs and cats that are euthanized through progressive, humane strategies; and
WHEREAS, the City has implemented Trap-Neuter-Return (TNR) and Shelter-Neuter-Return (SNR) programs in partnership with community volunteers to address these challenges with nonlethal methods; and WHEREAS, the City of Kerman is eligible, and was awarded funding from California for All Animals UC Davis Grant in the amount of $40,000.00 to support spay/neuter services, vaccinations, essential supplies, and equipment, while also enabling community-based solutions to reduce pet surrenders, prevent animal abandonment, and improve access to veterinary care for both owned and impounded animals; and
WHEREAS, under the program, the City of Kerman will provide data to the Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program.

NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:

1. The foregoing recitals are true and correct.

2. The Council authorizes acceptance of the grant and approves the Services Agreement attached hereto as Exhibit ‘A’ and incorporated by reference.

3. The Council authorizes the City Manager, or his representative, to sign the Services Agreement.

4. This resolution is effective upon adoption.
20 Section 5, Item D.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting held on the 13th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby adopted.
_____________________
Maria Pacheco
Mayor
ATTEST:
_____________________
Josie Camacho
City Clerk
21 Section 5, Item D.

UCD #_______
1 of 4
UC Davis Agreement #_______

SHELTER SERVICES AGREEMENT
(City of Kerman)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and CITY OF KERMAN (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).

The parties agree as follows:

1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $40,000 upon final signature of this Agreement.

Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at email address [email protected].

3. Term. Services shall be rendered from July 15, 2025 through July 14, 2026.

4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.

Exhibit 'A'
22 Section 5, Item D.

UCD #______

7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.

9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.

12. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

UNIVERSITY (regarding contracts) SHELTER (regarding contracts) Steven Kobayashi Wil Barcoma
Business & Revenue Contracts Lieutenant-Operations Commander University of California, Davis City of Kerman
One Shields Ave. 850 S Madera Ave,
Davis, CA 95616 Kerman, CA 93630
E-mail: [email protected] E-mail: [email protected] UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]

13. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

14. Governing Law. This Agreement shall be construed pursuant to California law. 23 Section 5, Item D.

UCD #______

15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1). This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.

16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.

Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.

17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.

18. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.

AGREED:

CITY OF KERMAN THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA
By: By:
(authorized signature)

Print name:

UC Davis
Title:

Date: Date:
24 Section 5, Item D.

UCD #_______
4 of 4
Exhibit A
Scope of Work

1. Purpose of the work: City of Kerman will receive funding for their TNR program.

2. Roles and responsibilities of each party: City of Kerman will provide historical data from 2020 to 2024, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program. KSMP will support the shelter to comply with data requirements. No University equipment will be used.

3. Dates and times will the work be completed: Work will be completed during the contract period of July 15, 2025 through July 14, 2026.

4. Location where work will be performed: 850 S Madera Ave, Kerman, CA 93630

5. Required deliverables: One final report will be required upon completion of the program.

Additional touch points during the grant will be discussed with project officer.

6. Project milestones: Program pilot to be completed by July 14, 2026.

7. Total cost of the services: Total of services not to exceed $40,000. No construction costs will be funded through this grant.

Items
TNR Program $40,000
Total expenses: $40,000

8. Payment schedule: Payment will be upon execution of the agreement.

9. Anticipated additional work: Additional work is not anticipated at this time. 25 Section 5, Item D.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Amendment to Agreement with Muniservices, LLC (JA) RECOMMENDATION: Council by motion adopt resolution approving Amendment No. 3 to Consultant Services Agreement with Muniservices, LLC and authorize the City Manager to sign.

EXECUTIVE SUMMARY:

The City of Kerman (the City) signed an agreement with Muniservices, LLC in 1996, for consultant services for sales tax information and audit services (STARS). On January 2, 2019, the City entered Amendment No. 1 which included Measure M Sales Tax.

On September 27, 2023, Council approved a resolution approving Amendment No. 2 to the agreement which modified the annual price to $2,100 or $525 per quarter. The amendment also extended the term of the agreement through October 1, 2024 and the agreement would expire unless extended by both parties via a written agreement.

The City and Muniservices, LLC would like to extend the agreement for an additional three years through October 1, 2027 and add price adjustment language. The amended Section 5 will read as follows:

Consultant shall provide the Sales Tax Analysis and Reporting Service for Five Hundred Fifty-One Dollars and Twenty-Five Cents ($551.25) per quarter or for Two-Thousand Two Hundred and Five Dollars ($2,205.00) for the full year.

All other terms of the agreement remain the same.

FISCAL IMPACT:

Increase of $105 to Professional Services.

ATTACHMENTS:

A. Resolution w/Exhibit
26 Section 5, Item E.

Attachment ‘A’
RESOLUTION NO. 25-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF KERMAN AND MUNISERVICES, LLC
WHEREAS, the City of Kerman (the “City”) and Muniservices, LLC entered into a Consultant Services Agreement (“Agreement”) on October 2, 1996, to perform, among other things, Sales and Use Tax Audit Services; and
WHEREAS, on January 16, 2019, the City and Muniservices, LLC approved Amendment No. 1 to the Agreement which included Measure M Sales Tax; and WHEREAS, on September 27, 2023, the City and Muniservices, LLC approved Amendment No. 2 to the Agreement which modified the annual price to $2,100; and WHEREAS, the parties wish to make further amendments to the Agreement.

NOW THEREFORE, the City Council of the City of Kerman resolves as follows:

1. The foregoing recitals are true and correct and are incorporated by reference.

2. The City Council approves Amendment No. 3 to Consultant Services Agreement with Muniservices, LLC as set forth in Exhibit ‘A’ which is incorporated by reference.

3. The City Manager is authorized to sign Amendment No. 3.

4. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 13th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
27 Section 5, Item E.

The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
__________________
Josie Camacho
City Clerk
28 Section 5, Item E.

Exhibit ‘A’

CONSULTANT SERVICES AGREEMENT
AMENDMENT NO. 3
This Amendment to Consultant Services Agreement (“Amendment No. 3”) is made by and between Muniservices, LLC, a Delaware limited liability company (“CONSULTANT”), and the City of Kerman, a municipal corporation (“CITY”) collectively the Parties.

RECITALS
WHEREAS on or about October 1, 1996, CONSULTANT and CITY entered into a Consultant Services Agreement (“Agreement”) for Sales Tax Information & Audit Services (STARS); and WHEREAS, the Parties entered Amendment No. 1 to Agreement on January 2, 2019; and WHEREAS, an amendment and Novation Agreement substituting the Assigning Party (Avenu Insights & Analytics LLC) for the Assuming Party (MuniServices LLC) was entered effective June 23, 2021; and
WHEREAS, the Parties entered Amendment No. 2 to Agreement on October 2, 2023 which expired on October 1, 2024; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional three-year period through October 1, 2027; and
WHEREAS, Exhibit C, Section 5, Compensation, of the Agreement currently does not include annual Price Adjustment language to reflect the increased costs of goods and services; and
WHEREAS, the Parties now seek to amend the Terms and Conditions of the Agreement to add Price Adjustment language.

AGREEMENT
NOW, THEREFORE, CONSULTANT and CITY (each individually a “party” and collectively, the “parties”) agree as follows:

SECTION 1. The foregoing recitals are true and correct and are incorporated by this reference.

SECTION 2. This Amendment No. 3 is effective on October 2, 2024 (“Amendment Effective Date”).
29 Section 5, Item E.

SECTION 3. The Term of the Agreement is renewed for an additional three (3) years through October 1, 2027, and the Agreement will expire on that date unless extended by the parties by mutual written agreement.

SECTION 4. Exhibit C, Section 5, Compensation of the Agreement is amended to read as follows:

Consultant shall provide the Sales Tax Analysis and Reporting Service for Five Hundred Fifty-One Dollars and Twenty-Five Cents ($551.25) per quarter or for Two-Thousand Two Hundred and Five Dollars ($2,205.00) for the full year.

SECTION 5. All other terms and conditions of the Agreement, except as modified by this Amendment No. 3, shall remain in full force and effect.

CONSULTANT CITY
MuniServices, LLC, a Delaware limited
liability company
By: ________________________

Date: ______________________

CITY OF KERMAN,
a municipal corporation
By: ________________________
John Jansons, City Manager
Date: ______________________
ATTEST:
___________________________
Josie Camacho, City Clerk
APPROVED AS TO FORM:

MONTOY LAW CORPORATION
By: ________________________________
Hilda Cantu Montoy, City Attorney
Date: ______________________
30 Section 5, Item E.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (JA)
RECOMMENDATION: Council by motion adopt resolution approving amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority.

EXECUTIVE SUMMARY:

On July 1, 1994, the City of Kerman entered into a Joint Powers Agreement (JPA) with the Central San Joaquin Valley Risk Management Authority (CSJVRMA).

CSJVRMA notified the City that they are in the process of updating its Governing Documents and the JPA is the first document that needs to be updated. The Executive Committee now requires approval by the member cities’ City Councils.

The agreement has updated the following:
 Definitional terms have been defined more clearly.
 Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency.  An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA.

CSJVRMA provided a redline version of the JPA to identify the changes.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution w/Exhibit
31 Section 5, Item F.

Attachment ‘A’
RESOLUTION NO. 25-__

RESOLUTION OF THE CITY OF KERMAN APPROVING AMENDMENT TO JOINT POWERS

AGREEMENT OF THE CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY WHEREAS, the Central San Joaquin Valley Risk Management Authority (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage;
WHEREAS, the City of Kerman is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHEREAS, the City of Kerman is a member of the CSJVRMA; WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA; and
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein.

NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:

IT IS HEREBY RESOLVED that the City Council of the City of Kerman approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager is authorized and directed to execute such agreement.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 13th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
32 Section 5, Item F.

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
33 Section 5, Item F.

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025
Exhibit 'A'
34 Section 5, Item F.

TABLE OF CONTENTS

AMENDED AND RESTATED

JOINT POWERS AGREEMENT

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I – DEFINITIONS ................................................................................................................. 2 ARTICLE II – PURPOSES ................................................................................................................... 4 ARTICLE III – CREATION OF JOINT POWERS AUTHORITY ................................................................ 4 ARTICLE IV – PARTIES TO AGREEMENT ........................................................................................... 4 ARTICLE V – MEMBERSHIP .............................................................................................................. 5 ARTICLE VI – TERM OF AGREEMENT ............................................................................................... 5 ARTICLE VII – POWERS OF THE AUTHORITY ................................................................................... 5 ARTICLE VIII – BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX – BYLAWS AND REGULATIONS ...................................................................................... 7 ARTICLE X – EXECUTIVE COMMITTEE ............................................................................................. 7 ARTICLE XI – OFFICERS .................................................................................................................... 8 ARTICLE XII – JOINT PROTECTION PROGRAMS ............................................................................... 8 ARTICLE XIII – RESERVE FUNDS ....................................................................................................... 8 ARTICLE XIV – OPERATING FUND .................................................................................................... 9 ARTICLE XV – BUDGET ..................................................................................................................... 9 ARTICLE XVI – FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII – RESPONSIBILITIES OF AUTHORITY .......................................................................... 9 ARTICLE XVIII – RESPONSIBILITIES OF MEMBER CITIES ................................................................ 10 ARTICLE XIX - WITHDRAWAL ......................................................................................................... 10 ARTICLE XX – INVOLUNTARY TERMINATION ................................................................................ 11 ARTICLE XXI – CONTINUED LIABILITY ............................................................................................ 11 35 Section 5, Item F.

CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents

ARTICLE XXII – REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXIII – TERMINATION OF AUTHORITY............................................................................. 11 ARTICLE XXIV – AUDIT ................................................................................................................... 12 ARTICLE XXV - ARBITRATION ......................................................................................................... 12 ARTICLE XXVI – BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE .................................................................................................. 12 ARTICLE XXVII - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVIII - AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13 36 Section 5, Item F.

Joint Powers Agreement Page 1 Amended and Restated July 1, 2025

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and 37 Section 5, Item F.

Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
38 Section 5, Item F.

Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). 39 Section 5, Item F.

Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
40 Section 5, Item F.

Joint Powers Agreement Page 5 Amended and Restated July 1, 2025 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided.

This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:

1. Make and enter into contracts;
41 Section 5, Item F.

Joint Powers Agreement Page 6 Amended and Restated July 1, 2025

2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;

3. Assess Member Cities as deemed appropriate by the Executive Committee;

4. Acquire, hold, or dispose of real and personal property;

5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;

6. Sue and be sued in its own name;

7. Employ agents and employees;

8. Acquire, construct, manage, and maintain buildings;

9. Lease real or personal property, including property of a Member City; and

10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.

Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special 42 Section 5, Item F.

Joint Powers Agreement Page 7 Amended and Restated July 1, 2025 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business.

However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. Creation of any new Joint Protection Program;

3. Termination of any Joint Protection Program;

4. Expulsion of a Member City;

5. Adoption of an operating budget for the Authority;

6. Amendments to the Authority's Conflict of Interest Code; and

7. Authorization for the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
43 Section 5, Item F.

Joint Powers Agreement Page 8 Amended and Restated July 1, 2025

ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The functions of auditor/controller of the Authority shall be performed by the Authority’s officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws.

All other Joint Protection Programs shall be optional. The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.

Refunds shall be made in accordance with the Master Plan Document for each program. 44 Section 5, Item F.

Joint Powers Agreement Page 9 Amended and Restated July 1, 2025

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. Assist Member Cities in developing their risk management programs;

2. Participate in risk management advisory committees formed by Member Cities;

3. Provide loss prevention, safety, and security services;

4. Provide all program services as required by program Master Plan Documents;

5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. Conduct risk management audits to review the participation of each Member City in the program; and

7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
45 Section 5, Item F.

Joint Powers Agreement Page 10 Amended and Restated July 1, 2025

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:

1. Pay all financial obligations to the Authority within the time prescribed;

2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

7. Submit underwriting information requested by the Authority on a timely basis;

8. Provide accurate statistical data concerning the Member City to the Authority when requested;

9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

10. Cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

11. Comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
46 Section 5, Item F.

Joint Powers Agreement Page 11 Amended and Restated July 1, 2025

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. 47 Section 5, Item F.

Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
48 Section 5, Item F.

Joint Powers Agreement Page 13 Amended and Restated July 1, 2025

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES

Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated:

MEMBER CITY
BY:
49 Section 5, Item F.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Josie Camacho, City Clerk
SUBJECT: City Council Designate Mayor Pacheco and Councilmember Herrera as Voting Delegates and Alternate at the California League of Cities Annual Conference and Expo (Cal Cities) on behalf of the City of Kerman (JC)
RECOMMENDATION: Council by motion approve the designation of Mayor Pacheco as a voting delegate and Councilmember Herrera as alternate on behalf of the City at the California League of Cities Annual Conference and Expo in Long Beach.

EXECUTIVE SUMMARY:

The Annual Cal Cities Conference and Expo is scheduled for October 8-10, 2025 in Long Beach.

It is in the best interest of the City to have Councilmembers participate in Cal Cities classes, trainings and conferences, and networking to aid the City.

Mayor Pacheco and Councilmember Herrera have both been registered to attend the conference on behalf of the City. The approximate cost to register and travel expense is approximately $2,500 per person.

Among those Councilmembers in attendance, one needs to be identified as the City Voting Delegate for the purpose of voting on Cal Cities position Resolutions or By Law Changes being proposed. Attachment ‘A’ to this report details the Voting Delegate’s role and responsibilities.

FISCAL IMPACT:

The estimated cost per person is approximately $2,500 to attend the event.

ATTACHMENTS:

A. Delegate Packet
50 Section 5, Item G.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 24, 2025
Attachment 'A'
51 Section 5, Item G.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 52 Section 5, Item G.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
53 Section 5, Item G.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 54 Section 5, Item G.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: John Jansons, City Manager
SUBJECT: Consideration of Resolution Approving Lease with Kerman Telephone Co., a California Corporation dba Sebastian for Equipment Installation on City-Owned Tower Located City Corporation Yard, Including Portions of APNs: 023-060-63u, 023-060-64, 023- 060-65st, and 023-060-69st Commonly Known as 15201 W. California Avenue, Kerman, CA (JAJ)
RECOMMENDATION: Council by motion adopt resoltuion approving Lease with Kerman Telephone Co., a California corporation dba Sebastian for equipment installation on Cityowned tower located City Corporation Yard, including portions of APN(s): 023-060-63u, 023- 060-64, 023-060-65st, and 023-060-69st commonly known as 15201 W. California Avenue, Kerman, California 93630.

DISCUSSION:

The City of Kerman (City) owns a cellular telephone tower (tower) located at 15201 W.

California Avenue, Kerman, CA, commonly known as the City Corporation Yard.

The City was approached by the Kerman Telephone Co., a California corporation dba Sebastian (KTC/Sebastian), requesting to lease space on the tower for their equipment to broadcast communication transmissions for their systems. The City wishes to accommodate KTC/Sebastian’s request and has negotiated the attached Lease, Exhibit ‘A’ to the resolution.

The proposed Lease is for an initial term of 5 years and shall automatically renew for two successive terms of five years each. KTC/Sebastian shall have the right to not renew the Lease by providing ninety (90) days prior written notice to the City.

The rental rate is competitive with other cell tower leases held by the City at a rate of $3,000 per month with a 3.0% increase through year five and applicable to successive terms.

The Lease also provides for an Access Agreement Exhibit ‘D’ for KTC/Sebastian to enter the City Corporation Yard located at 15201 W. California Avenue for installation and maintenance purposes.
55 Section 5, Item H.

COORDINATION AND REVIEW:

The Lease and attached documents have been reviewed and approved of by the City Attorney and KTC/Sebastian and the access agreement has been approved by the Public Works Department.

FISCAL IMPACT:

The fiscal impact will result in new revenue to the City of $36,000 in year one with the remainder of the lease term revenue increasing by 3% per year.

ATTACHMENTS:

A. Resolution w/
Exhibit A – Lease
Exhibit B - Tower Site Plan and Depiction
Exhibit C - Schematic Drawing and Design Notes of Antenna Facilities Exhibit D - Tower Site Access Easement
56 Section 5, Item H.

Attachment ‘A’
RESOLUTION NO. 25-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING LEASE WITH KERMAN TELEPHONE CO., A CALIFORNIA CORPORATION DBA SEBASTIAN, FOR EQUIPMENT

INSTALLATION ON CITY-OWNED TOWER LOCATED AT CITY CORPORATION YARD, INCLUDING PORTIONS OF APNs: 023-060-63U, 023-060-64, 023-060-65ST, AND 023-060- 69ST COMMONLY KNOWN AS 15201 W. CALIFORNIA AVENUE, KERMAN, CA.

WHEREAS, the City of Kerman (the “City”) owns a communications tower located at the City Corporation Yard, on APNs: 023-060-63u, 023-060-64, 023-060-65st, and 023-060-69st commonly known as 15201 W. California Avenue, Kerman, CA.; and WHEREAS, the City wishes to lease space on that tower and portions of those properties to Kerman Telephone Co., a California Corporation dba Sebastian (“KTC/Sebastian”), (the “PARTIES”) for their communication equipment including access rights for installation and periodic maintenance; and
WHEREAS, the lease is of mutual benefit to the Parties by providing new revenue to the City and enhanced communication service to the community via KTC/ Sebastain’s services; and WHEREAS, City Council has determined that it is in interest of the City to lease space on the tower and grant access rights to City owned property to KTC/Sebastian.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kerman:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The City Council approves a Lease Exhibit ‘A’ including all exhibits to the Lease with Kerman Telephone Co., A California Corporation dba Sebastian, as presented in EXHIBIT A.

3. The City Council authorizes the Mayor to execute the Lease and subsequent Exhibit ‘D’, “Tower Site Access Easement” on behalf of the City.

4. The City Council directs the City Clerk to record the Lease with all exhibits, including Tower Site Access Easement, with the Fresno County Office of the Assessor-Recorder.

5. This resolution is effective upon adoption.
57 Section 5, Item H.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 13
th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
___________________________
Josie Camacho
City Clerk
58 Section 5, Item H.

Site Name: Kerman Public Works

LEASE AND EASEMENT AGREEMENT
This Lease and Easement Agreement (the “Agreement”) is effective _________, 2025 (the “Effective Date”) by and between City of Kerman, a political subdivision of the State of California (“Landlord”), and Kerman Telephone Co., a California corporation dba Sebastian (“Tenant”).

NOW, THEREFORE, in consideration of these premises and the mutual promises and conditions in this Agreement, the parties agree as follows:

1. Location. Landlord agrees to lease to Tenant a portion of the real property described in the attached Exhibit A and incorporated herein by this reference (the “Property”) to install and operate telecommunications equipment, including but not limited to, certain space on Landlord’s tower (“Tower”), including the cabinet affixed thereto (“Cabinet”) and space on the ground (the “Antenna Facilities”). The location and orientation of the Antenna Facilities on the Property, together with all necessary space and easements for access and utilities, is generally described and depicted in the attached Exhibit B and incorporated herein by this reference (the “Premises and Tower”). The Tower and Antenna Facilities shall be depicted in the schematic attached hereto as Exhibit C and incorporated herein by this reference.

2. Use.
a) The Premises may be used by Tenant solely for the transmission and reception of radio communication signals and for the installation, maintenance, repair, or replacement of the Antenna Facilities described and depicted in attached Exhibit B. Tenant shall, at Tenant’s expense, keep and maintain the Antenna Facilities on the Premises in commercially reasonable condition during the Term of this Agreement.
b) The Antenna Facilities shall be installed at Tenant’s sole cost and expense and Tenant shall have a right to upgrade and modify its facilities with Landlord’s consent, which consent shall not be unreasonably withheld, delayed, or conditioned, and shall not be subject to additional compensation unless the Premises are expanded beyond the scope of Exhibit B. Landlord consents to Tenant modifying Landlord’s Tower for Tenant’s use and Landlord agrees to cooperate with Tenant to complete any required modifications to Landlord’s Tower for Tenant’s use. Tenant agrees to provide Landlord design drawings and structural calculations for Landlord’s review and approval prior to making modifications to Landlord’s Tower. Any modifications to Landlord’s Tower for Tenant’s use shall be at Tenant’s sole cost and expense. c) Tenant shall have the exclusive right to use and occupy the Cabinet. Notwithstanding the foregoing, Landlord shall retain the right to maintain and access any existing utility lines and connections currently serving Landlord’s supervisory control and data acquisition (SCADA) system located within the Cabinet as of the Effective Date. Landlord shall not permit any third party to access or use the Cabinet without Tenant’s prior written consent which may be withheld in Tenant’s sole discretion. d) Upon termination of this Agreement, Tenant shall remove the Antenna Facilities from the Premises and restore the Premises to its original condition prior to this Agreement, normal wear and tear and casualty excepted. Notwithstanding the foregoing, if Tenant modifies Landlords Tower for Tenant’s use, Tenant shall not be required to return Landlord’s Tower to its original condition.

3. Term. The term of this Agreement shall commence upon the Effective Date (the “Commencement Date”). The initial term granted herein shall continue for a term of five (5) years (“Initial Term”). The Initial Term shall automatically renew for two (2) successive renewal terms of five (5) years each (each a “Renewal Period”). Provided, however, Tenant shall have the right to not renew this 59 Section 5, Item H.

Site Name: Kerman Public Works
Agreement by providing ninety (90) days prior written notice to the Landlord. The Initial Term, together with any Renewal Terms are referred to collectively as the “Term.” Any renewal after the Initial Term shall include the CPI increase referenced in Section 5 of this Agreement.

4. Lease Fee.
a) Upon the first day of the month at the start of construction or installation of Tenant’s modifications to the Landlord’s Tower described on Exhibit B (“Rent Commencement Date”), Tenant shall pay Landlord rent in the amount of Three Thousand and No/100 ($3,000.00) per month (the “Rent”). Tenant shall deliver Rent to Landlord at the address specified in the Notice section, or by electronic payment. The first Rent payment shall be due within thirty (30) days after the Rent Commencement Date. Subsequent Rent shall be payable, in advance, by the fifth day of each month. b) The Lease Fee at each anniversary of the Rent Commencement Date shall be increased by three percent (3.0%) of the Rent for the immediately preceding year. The Rent for the Initial Term shall be as follows:

Lease Year 1 $3,000.00 per month
Lease Year 2 $3,090.00 per month
Lease Year 3 $3,182.70 per month
Lease Year 4 $3,278.18 per month
Lease Year 5 $3,376.53 per month

5. Easement and Access. Tenant shall have unimpeded twenty-four-hour-a-day, seven-day-a-week access to the Premises at all times during the Term of this Agreement. Landlord agrees to permit access to Premises directly from the public right of way through the Landlord’s (the City of Kerman’s) Corporate Yard or Public Works Maintenance Facility. Landlord hereby grants to Tenant, its successors, assigns, employees, contractors, agents, and representatives, a non-exclusive, perpetual easement (the “Easement”) for the purpose of: (1) Vehicular and pedestrian access to and from the Premises; and (2) Installation, operation, maintenance, repair, replacement, and removal of the Antenna Facilities and other utilities, including but not limited to electrical power, fiber optic cable, telephone lines, and any related infrastructure. The Easement shall run from the public right-of-way located at the Western most drive approach of Fresno County APN 023-061-21 and shall be a twelve foot (12’) wide strip traversing the parcels, as depicted in Exhibit D, attached hereto and incorporated herein by this reference. Tenant may:
(1) Access the Premises 24 hours a day, 7 days a week; (2) Use the Easement for ingress and egress of vehicles, equipment, and personnel; and (3) Install and maintain underground or above-ground utility lines, conduit, poles, or cabinets, subject to applicable utility company standards and building codes. Tenant shall minimize disruption to Landlord’s use of the surrounding property and shall restore any disturbed areas upon completion of work. Landlord may, at its sole cost, relocate the Easement provided: (1) The new location provides equivalent access and utility functionality; (2) Tenant is given at least 60 days’ prior written notice; and (3) The relocation does not interrupt service or materially affect Tenant’s operations.

Landlord shall not erect any structure or place any obstruction within the Easement area that would interfere with Tenant’s access or utility rights. This Easement shall expire upon the expiration of this Agreement.

Upon the Effective Date, Landlord shall provide all applicable access key(s) and a defined and accessible location on the Property for Tenant to install a secure lockbox to store any such access key(s) necessary to allow for 24-hours-a-day, 7-days-a-week physical access to all of Tenant’s equipment or conduits.

Landlord shall not change the method(s) of access or access key(s), without providing Tenant prior written notice and an updated set of access keys or new access code(s). 60 Section 5, Item H.

Site Name: Kerman Public Works

6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in the Property prior in time to Tenant’s (subject to Tenant’s rights under this Agreement, including, without limitation, non-interference).

Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees, agents, or other third parties to use, any portion of the Property, including the Premises, Tower and Cabinet, in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, or under this Lease, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice.

7. Utility Services. Tenant shall have the right to connect to, maintain, repair, modify, upgrade, remove or replace existing utility-related equipment and/or construct and install new utility-related equipment and lines, including a generator, optical fiber facilities and alternative energy related equipment, to service its Antenna Facilities (collectively, the “Utility Facilities”). Tenant shall be solely responsible for the facilitation and cost of connecting to, and use of utility services through, the Utility Facilities.

Landlord shall have the right to review and approve the equipment referenced herein, such approval not to be unreasonably withheld, conditioned or delayed. The Utility Facilities may be brought by Tenant to the Property and the Premises, and the charges for utility usage (the “Utility Fees”) shall be payable, by one of the following methods:
a) Separate Meter. Tenant shall install a separate meter as soon as possible after the Effective Date and will remit payment directly to the utility provider. The Landlord may also have the right to install a separate meter at any time during the Term of the Lease and may then require Tenant remit payment directly to the utility provider.
b) Smart Sub-meter. Tenant may install a submeter that can be remotely managed and read (“Smart Submeter”). The Smart Submeter will be read on a regular/ quarterly basis and Tenant will be directly invoiced for its Utility Fees, with a copy provided to Landlord’s email address. Tenant will remit payment to the Landlord within thirty (30) days of receipt of the invoice. c) Until Tenant installs a separate meter or submeter, Tenant shall pay Landlord Utility Fees in the amount of Three Hundred Dollars ($300.00) per month for its utility usage when usage commences.

8. Environmental Laws. Landlord and Tenant agree that it will conduct its activities on the Property in compliance with all applicable environmental laws. Landlord represents and agrees that, to the best of its knowledge, it has in the past and will in the future conduct its activities on the Property in compliance with all applicable environmental laws and that the Property is free of hazardous, toxic, or dangerous substances (collectively, the “Hazardous Substances”) as of the date of this Agreement. Tenant agrees to be responsible for all losses or damage caused by any Hazardous Substances that it may bring onto the Property and will indemnify Landlord for all such losses or damages. Landlord agrees to be responsible for all losses or damage caused by any Hazardous Substances on or entering the Property, except those brought onto the Property by Tenant, and will indemnify Tenant for all such losses or damages including the cost of any investigation or remediation, or other actions required to comply with applicable law.

9. Hold Harmless. Landlord and Tenant each agree to defend, indemnify, and hold harmless the other party from and against any and all claims, damages, cost and expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifying party, (b) any spill or other release of any 61 Section 5, Item H.

Site Name: Kerman Public Works
Hazardous Substances (as defined above) on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, or (c) a breach of any obligation of the indemnifying party under this Lease. The indemnifying party’s obligations under this subsection are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party and the indemnified party’s granting it the right to control the defense and settlement of the same. In no event shall either party be liable for any consequential, special, indirect, or punitive damages, or causes of loss, whether arising from breach of strict liability, contract, tort, or otherwise, and regardless of whether such party was advised of, or should have known, the possibility of such damages.

10. Insurance.
(a) During the Term, Tenant will provide Commercial General Liability insurance at least as broad as Insurance Services Office (ISO) form CG 00 01 in an amount not less than $1,000,000 per occurrence, $3,000,000 in the general aggregate, and $3,000,000 aggregate coverage for products and completed operations, and be endorsed to include Landlord as additional insureds on the policy or policies.

The policy shall contain a per project or per location general aggregate endorsement. Coverage shall contain a waiver of subrogation in favor of the Landlord. Tenant may satisfy this requirement by obtaining appropriate endorsement to any primary policy of liability insurance Tenant may maintain. (b) During the Term, Tenant shall provide Automobile Liability insurance coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of not less than $30,000 in bodily injury liability per person, $60,000 in bodily injury liability per accident, and $15,000 in property damage liability per accident. . The policy shall provide that the Landlord shall be included as additional insured. Coverage shall contain a waiver of subrogation in favor of the Landlord and its officers, officials, employees, and agents. (c) During the Term, Tenant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Tenant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $100,000 each accident, $500,000 by disease-policy limit, and $100,000 by disease-each employee. In the alternative, Tenant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
(d) Intentionally Omitted.
(e) Umbrella or Excess Liability; Self-Insurance: The limits of liability for Commercial General Liability and Automobile Liability may be provided through a combination of primary and umbrella or excess liability policies, or self-insurance program(s) provided each policy complies with the requirements set forth in this Agreement. Excess policies shall be follow-form to the underlying policies.

Umbrella or excess policies shall include the required parties as additional insured.

11. Notice. All notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if sent by electronic mail, personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. 62 Section 5, Item H.

Site Name: Kerman Public Works
If to Tenant:

Sebastian
Attn: Tim Hartstock
811 S. Madera Avenue
Kerman, CA 93630
Email: [email protected]
If to Landlord:

City of Kerman
Attn: City Manager
850 S. Madera Avenue
Kerman, CA 93630
Email:

12. Termination.
(a) Tenant may terminate this Agreement upon thirty (30) days prior written notice to Landlord, for any of the following reasons: (i) changes in local or state laws or regulations which adversely affect Tenant’s ability to operate; (ii) a California Public Utility Commission (“CPUC”) or Federal Communications Commission (“FCC”) ruling or regulation that is beyond the control of Tenant; (iii) in its sole discretion for technical, or economic reasons; or (iv) if Tenant is unable to obtain or maintain any Governmental Approval required for the construction or operation of Tenant’s Antenna Facilities.
(b) Upon two (2) year prior written notice to the other party, Landlord or Tenant may terminate this Agreement for any or no reason.
(c) If either party is in default under this Agreement for a period of thirty (30) days following receipt of written notice from the non-defaulting party, the non-defaulting party may pursue any remedies available to it against the defaulting party at law and in equity, including, but not limited to, the right to terminate this Agreement. If a non-monetary default cannot reasonably be cured within a 30-day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default.
(d) Upon mutual written consent by both parties.

13. Miscellaneous
(a) Amendment. This Agreement may not be modified, and no waiver is effective, except by written agreement signed by both parties. The Tenant acknowledges that Landlord employees have no authority to modify this Agreement except as expressly provided in this Agreement. (b) Non-Assignment. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant will have the right, without consent of Landlord, to sublease (or otherwise transfer or allow the use of) all or any portion of the Premises or assign its rights under this Agreement in whole or in part to: (a) any entity controlling, controlled by or under common control with Tenant; (b) any entity acquiring 63 Section 5, Item H.

Site Name: Kerman Public Works
substantially all of the assets of Tenant; or (c) any successor entity in a merger, acquisition or consolidation involving Tenant. Upon an assignment or transfer, Tenant shall be relieved of all liabilities and obligations, and Landlord shall look solely to the transferee for performance under this Lease.
(c) Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.
(d) Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. The parties’ consent to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.
(e) Construction. The final form of this Agreement is the result of the parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either party. (f) Days. Unless otherwise specified, “days” means calendar days. (g) Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement.
(h) Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the parties’ original intent. (i) Nondiscrimination. During the performance of this Agreement, the Landlord shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and federal statutes and regulation.
(j) No Waiver. Payment, waiver, or discharge by the Tenant of any liability or obligation of the Landlord under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the Landlord and does not prohibit enforcement by the Tenant of any obligation on any other occasion.
(k) Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the Landlord and the Tenant with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits. (l) No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the parties. (m) Authorized Signature. The Landlord represents and warrants to Tenant that Landlord is duly authorized and empowered to sign and perform its obligations under this Agreement. Tenant 64 Section 5, Item H.

Site Name: Kerman Public Works
represents and warrants to the Landlord that the individual signing this Agreement on behalf of the Tenant is duly authorized to do so and his or her signature on this Agreement legally binds the Tenant to the terms of this Agreement.
(n) Counterparts. This Agreement may be signed and delivered in counterparts, by digital signature and/or electronic reproduction of a handwritten signature, including but not limited to, DocuSign or Adobe Sign, each of which will be deemed an original, and all of which, taken together, constitute one and the same Agreement.
[Remainder of page is left blank]
[Signature page follows]
65 Section 5, Item H.

Site Name: Kerman Public Works
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed set forth below as of the Effective Date.

LANDLORD
City of Kerman,
a political subdivision of the State of California
By:

Name:

Its:

TENANT
Kerman Telephone Co.,
a California corporation dba Sebastian
By:

Name: William Barcus
Its: Chief Executive Officer
66 Section 5, Item H.

Site Name: Kerman Public Works
Exhibit ‘A’
Landlord hereby leases to Lessee the use of that portion of the Property (as defined below) designated by Fresno County Assessor's Parcel Numbers 023-060-63u, 023-060-64, 023-060-65st, and 023-060-69st with the common address of 15201 W. California Avenue, Kerman, California 93630.

LEGAL DESCRIPTION
Real property in the City of Kerman, County of Fresno, State of California, described as follows:

Parcel 1:

A 25-foot strip of land lying in section 13, township 14 south, range 17 east, mount diablo base and meridian, according to 11-ie official plat thereof, more particularly described as follows:
commencing at the north quarter corner of said section 13; thence south 000 33' 39" west along the west line of the northeast quarter of said section 13, a distance of 59.42 feet, to the true point of beginning, said point being on the north line of the union pacific railroad right of way, said point also being 50.00 feet north of the intersection of said west line and the centerline of the main union pacific tracks; hence north 890 59' 48" east, along a line parallel with and 50.00 feet northerly of the centerline of said main tracks, a distance of 2621.50 feet, to a point on the west right of way line of Madera avenue, said point being 40.00 feet west of the intersection of said north railroad right of way line and the east line of said section 13, said intersection being 89.47 feet south of the northeast corner of said section 13; thence south 00° 33' 55" west, along said west right of way, a distance of 25.00 feet, to a point 25.00 feet north of the centerline of said main tracks; thence south 89° 59' 48" west along a line parallel with and 25.00 feet northerly of the centerline of said main tracks, a distance of 2621.50 feet, to a point on the west line of the northeast quarter of said section 13, said point being 84.42 feet south of the north quarter corner of said section 13; thence nor11-f 00° 331 39" east along said west line distance of 25.00 feet to the true point of beginning. also excepting any portion thereof, lying in the northwest quarter of the northeast quarter of said section

13. also excepting therefrom all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the property, including, without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable, but without entering upon or using the surface of the property, and in such manner as not to damage the surface of the property, or to interfere with the use as reserved in Deed from Union Pacific Railroad Company to City of Kerman, recorded on July 31, 2003, as document no. 20030174661, official records.

APN: 023-060-63u
Parcel 2:
a portion of land lying in section 13, township 14 south, range 17 east, mount diablo base and meridian, according to the official plat thereof, more particularly described as follows: commencing at the north quarter corner of said section 13; thence south 00° 33' 39" west along the west line of the northeast quarter of said section 13, a distance of 134.42 feet, to the true point of beginning, said point being 25.00 feet south of the intersection of said west line and the center line of the main union pacific railroad tracks; thence north ago 59' 48" east, along a line parallel with and 25.00 feet southerly of the centerline of said main tracks, a distance of 1772.09 feet; thence easterly along the arc of a curve concave southerly with center point bearing south 00° 00” 12• east a radius of 759.21 feet, parallel with and 25.00 feet southerly 67 Section 5, Item H.

Site Name: Kerman Public Works
of the centerline of a southern spur from the main union pacific railroad tracks, through a central angle of 06° 21' 03" and arc length 84.15 feet; thence south 83° 39' 09" east, along a line parallel wm-1 and 25.00 feet southwesterly of the center line of said spur tracks, a distance of 312.70 feet, to a point 494.00 feet west of the east line of said section 13; thence south 00° 33' 55" west, along a line parallel with and 494.00 feet west of the east line of said section 13, a distance of 25.13 feet; thence north 83° 39' 09" west, along a line parallel with and 50.00 feet southwesterly of the centerline of said spur tracks, a distance of 315.24 feet; thence northwesterly along the arc of a curve concave southerly with center point bearing south 06° 20' 51" west a radius of 734.21 feet, parallel with and 50.00 feet southerly of the centerline of said spur tracks, through a central angle of 06° 21' 03• an arc length of 81.38 feet; thence south 89° 59' 48" west, along a line parallel with and 50.00 feet southerly of the centerline of said main tracks, a distance of 360.62 feet to point "a"; thence south 89° 59' -18" west, along a line parallel with and 50.00 feet southerly of the centerline of said main tracks, a distance of 1411.96 feet, to a point on the west line of the northeast quarter of said section 13, said point being 159.42 feet south of the north quarter corner of said section 13; thence north 000 33' 39" east, along said west line a distance of 25.00 feet to the true point of beginning.

Except therefrom the railroad trackage and track appurtenances thereto, located on said land, reserved by Union Pacific Railroad, a Delaware Corporation in the quitclaim deed recorded July 31, 2002 as instrument no. 2003'- 0174611 of official records.

Also excepting therefrom any portion thereof lying in the northwest quarter of the northeast quarter of said section 13. also excepting therefrom all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the property, including, without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable, but without entering upon or using the surface of the property, and in such manner as not to damage the surface of the property, or to interfere with the use as reserved in deed from Union Pacicif Railroad Company to City of Kerman, recorded on July 31, 2003, as document no. 20030174667, official records.

APN: 023-060-640
Parcel 3:

A portion of land lying in section 13, Township 14 south, range 17 east, mount diablo base and meridian, according to the official plat thereof, more particularly described~ follows:

Beginning at point “a" described above (parcel 2); thence north 89° 59' 48" east, along a line parallel with and 50.00 feet southerly of centerline of the main union pacific railroad tracks, a distance of 360.62 feet; thence easterly along the arc of a curve concave southerly with center point bearing south 00” 00” 12" east a radius of 734.21 feet, parallel with and 50.00 feet southerly of the centerline of a southern spur from the union pacific railroad tracks, through a central angle of 06° 21' 03" and arc length of 81.38 feet; thence south 83° 39' 09" east, along a line parallel with and 50.00 feet southerly of the centerline of said spur tracks, a distance of 315.24 feet, to a point 494.11 feet west of the east line of said section 13; thence south 00° 33' 55" west, along a line parallel with and 494.00 feet westerly of east line of said section 13, a distance of 130.63 feet to a point 220.00 feet south of centerline of said main tracks; thence south 89° 59' 48" west, along a line parallel with and 220.00 feet southerly of the centerline of said main tracks, a distance of 754.98 feet; thence north 00° 22' 48" east a distance of 170.00 feet to point "a", the true point of beginning.

Excepting therefrom all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the proper1y, including, without limiting the generality of the foregoing, oil and gas and rights thereto, together with 11-ie sole, exclusive and perpetual right to explore for, 68 Section 5, Item H.

Site Name: Kerman Public Works
remove and dispose of said minerals by any means or methods suitable, but without entering upon or using the surface of the proper1y, and in such manner as not to damage the surface of the property, or to interfere with the use as reserved in deed from Union Pacific Railroad Company to City of Kerman, recorded on July 31, 2003, as document no. 20030174661, official records.

APN: 023-060-65st
Parcel 4:

The west half of the following described property:

That portion of the southeast quarter of section 12 and the northeast quarter of section 13, all in township 14 souti-1, range 17 east, mount diablo base and meridian, according to the United States government survey, described as follows:

Beginning at the southwest of corner of block 1 of the City of Kerman, according to the map thereof recorded March 27, 1906 in book 3, page 31 of record of surveys in the office of the County Recorder of said county, thence southerly 60 feet along the westerly line of said block 1, produced southerly, to the south line of "a" street, said point being the true point of beginning; thence southerly along said westerly line of block 1 produced southerly 164.2 feet to the northerly right of way line of the Southern Pacific Railroad; thence easterly along the northerly line of said right of way to the westerly line of 3rd street produced southerly; thence northerly along said westerly line of 3rd street, produced southerly 157.75 feet to the southerly line of "a" street; thence westerly along the southerly line of "a" street to the true point of beginning,
excepting therefrom all gas, oil and other hydrocarbon substances in and under said land as reserved by Henry Kressmann, J. H Kennedy and title insurance and trust company, as trustees under the paragraph viii of the will of Louise E. Kerckhoff. Deceased, in Deed recorded April 6, 1950 in book 2834, page 492 of official records.

APN: 023-060-69st
END
69 Section 5, Item H.

Site Name: Kerman Public Works
Exhibit ‘B’
Tower Site Plan and Depiction
See attached.
70 Section 5, Item H.

Site Name: Kerman Public Works
Exhibit ‘C’
Schematic Drawing and Design Notes of Antenna Facilities See attached.
71 Section 5, Item H.

Site Name: Kerman Public Works
Exhibit ‘D’
Tower Site Access Easement
See attached.
72 Section 5, Item H.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Reimbursement of Capital Expenditures from Proceeds of Tax-Exempt Obligations (JA)
RECOMMENDATION: Council by motion adopt resolution declaring intention to reimburse expenditures from proceeds of tax-exempt obligations.

EXECUTIVE SUMMARY:

The City of Kerman (the City) is planning to finance public capital improvements, anticipated to consist of a new multi-generational community resiliency center and improvements to the City’s new police station. The financing will be undertaken via the issuance of long-term taxexempt bonds via a public offering.

For the bonds to be issued tax-exempt, the City needs to comply with certain Internal Revenue Code (Code) requirements. The Code allows a bond issuer to use the proceeds of its bond issuance to reimburse expenditures made prior to the time bonds are issued, but only so long as the issuer expresses an intent to do so prior to the actual issuance of the bonds.

A reimbursement resolution is the required expression of intent and is needed if the City wants to potentially reimburse itself for costs it actually pays prior to the issuance of bonds. More specifically, the City can use tax-exempt bond proceeds to reimburse itself for certain capital costs subject to certain limitations, the main one being: reimbursement (bond issuance) must occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date on which the project is placed in service, but in no event more than 3 years after the expenditure was paid. It is acceptable for the City to adopt a reimbursement resolution notwithstanding the fact that eventually it is determined one was not needed.

To reimburse from proceeds of the proposed tax-exempt bonds, the City has been advised by its bond counsel that the Council should adopt a resolution indicating the City’s intent to so reimburse.

The resolution recommended for approval meets the requirement of the Code enabling the reimbursement for certain prior expenditures. The reimbursement will be only from proceeds of the bonds and is not a general obligation of the City. 73 Section 5, Item I.

FISCAL IMPACT:

Adopting the resolution will allow the City flexibility to reimburse itself from the proceeds of future tax-exempt bonds. The amount of this reimbursement has not been quantified, but preserving this flexibility will only benefit the City. There is no cost to adopt the resolution.

Approval of the amount, timing and costs of any future bond financing will be presented to the Council at a future meeting.

ATTACHMENTS:

A. Resolution
74 Section 5, Item I.

Attachment ‘A’
RESOLUTION NO. 25-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN DECLARING INTENTION TO

REIMBURSE EXPENDITURES FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS WHEREAS, the City of Kerman (the “City”) proposes to undertake certain public capital improvement projects referenced below, and expects to issue, or cause the issuance of, a longterm tax-exempt payment obligation in one or more series for such projects and to use a portion of the proceeds of such obligation to reimburse expenditures made for the projects prior to the issuance of the obligation; and
WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such obligation unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditures; and
WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to reimburse the expenditures referenced herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:

1. The City intends to issue, or cause the issuance of, one or more series of obligations (the “Obligations”) for the purpose of financing construction costs for capital improvements consisting of a new multi-generational community resiliency center and improvements to the City’s new police station, as well as related and ancillary capital improvements supporting those improvements within the City, and incidental expenses related thereto (the “Projects”).

2. The City hereby declares that it reasonably expects (i) to pay certain costs of the Projects prior to the date of issuance of the Obligations and (ii) to use a portion of the proceeds of the Obligations for reimbursement of expenditures for the Projects that are paid before the date of issuance of the Obligations.

3. The principal amount of the Obligations is estimated to be approximately $22,000,000.

4. This resolution shall take effect upon its adoption. 75 Section 5, Item I.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on this 13th day of August, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
76 Section 5, Item I.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Amendment to Joint Exercise of Powers Agreement for the Kerman Public Financing Authority (JA)
RECOMMENDATION: Council by motion authorize execution and delivery of first amendment to joint exercise of powers agreement.

EXECUTIVE SUMMARY:

The City of Kerman (the City) is planning to finance public capital improvements, anticipated to consist of a new multi-generational community resiliency center and improvements to the City’s new police station. The financing will be undertaken via the issuance of long-term taxexempt bonds via a public offering.

It is anticipated that the bonds will be issued by the Kerman Public Financing Authority (Financing Authority) pursuant to Article 4 of the Joint Exercise of Powers Act (Government Code Section 6500 et seq.), which Act authorizes two or more public agencies to create a joint exercise of powers entity which has the power to exercise any powers common to its members and to exercise additional powers granted under the Act.

Pursuant to the Act, the City and the Kerman Redevelopment Agency previously entered into a Joint Exercise of Powers Agreement, dated as of August 15, 2007 (2007 Agreement), to establish the Financing Authority. In accordance with State law, the Kerman Redevelopment Agency was succeeded by the Successor Agency to the former Kerman Redevelopment Agency, which has now been completely dissolved.

A number of California cities, counties and special districts have entered into a joint exercise of powers agreement pursuant to which the California Statewide Communities Development Authority (CSCDA) was organized and CSCDA may, among other things, enter into a joint exercise of powers agreement with one or more public agencies pursuant to which such contracting parties may jointly exercise any power common to them and to exercise additional powers granted under the Act.

The City desires to amend the 2007 Agreement to add CSCDA as a member, in place of the Kerman Redevelopment Agency, and CSCDA has agreed to do so. It is anticipated that the governing body of CSCDA will adopt the amendment to become a member of the Financing Authority on August 7, 2025.
77 Section 5, Item J.

FISCAL IMPACT:

CSCDA charges a one-time fee of $10,000 to serve as a member of a joint exercise of powers agency. This fee is anticipated to be financed as part of the long-term tax-exempt bonds described above.

ATTACHMENTS:

A. Resolution
B. First Amendment to Joint Exercise of Powers Agreement (Kerman Public Financing Authority)
78 Section 5, Item J.

Attachment ‘A’
RESOLUTION NO. 25-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN AUTHORIZING EXECUTION

AND DELIVERY OF FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the Joint Exercise of Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with section 6500) of the California Government Code (the “Joint Exercise of Powers Act”), authorizes two or more public agencies to create a joint exercise of powers entity which has the power to exercise any powers common to its members and to exercise additional powers granted under the Joint Exercise of Powers Act; WHEREAS, pursuant to the Joint Exercise of Powers Act, the City of Kerman (the “City”) and the Kerman Redevelopment Agency (the “Agency”) entered into that certain Joint Exercise of Powers Agreement, dated as of August 15, 2007 (the “Agreement”) to establish the Kerman Public Financing Authority (the “Financing Authority”); WHEREAS, in accordance with section 34187 of the California Health and Safety Code and other applicable law, the Agency has been completely dissolved; WHEREAS, under the Joint Exercise of Powers Act, a number of California cities, counties and special districts have entered into a joint exercise of powers agreement pursuant to which the California Statewide Communities Development Authority (“CSCDA”) was organized and CSCDA may, among other things, enter into a joint exercise of powers agreement with one or more public agencies pursuant to which such contracting parties may jointly exercise any power common to them and to exercise additional powers granted under the Joint Exercise of Powers Act;
WHEREAS, Section 4.06 of the Agreement allows amendments to the Agreement by supplemental agreements, including to add new parties thereto; and WHEREAS, the City and CSCDA desire that CSCDA be added as a new member of the Financing Authority under the Agreement, in place of the Agency that was dissolved.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:

Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. The Agreement, as amended by the First Amendment, in substantially the form on file with the City Council, is hereby approved. The Mayor is hereby authorized and directed, for and on behalf of the City, to execute and deliver the First Amendment, in substantially said form, with such changes and insertions therein 79 Section 5, Item J.
as the officer executing the same, with the advice of counsel to the City, may approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 3. This resolution shall take effect from and after its adoption.

The foregoing resolution adopted by the City Council of the City of Kerman at a regular meeting held on this 13th day of August, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution has been approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
80 Section 5, Item J.

Attachment ‘B’

FIRST AMENDMENT TO

JOINT EXERCISE OF POWERS AGREEMENT
(KERMAN PUBLIC FINANCING AUTHORITY)
This FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT (this “First Amendment”) dated as of August 13, 2025, is between the CITY OF KERMAN, a municipal corporation duly organized and existing under the laws of the State of California (the “City”), and the California Statewide Communities Development Authority, a joint exercise of powers agency duly organized and existing under the laws of the State of California (“CSCDA”), is being executed and delivered to amend the hereinafter-defined Agreement.

BACKGROUND:

1. The Joint Exercise of Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with section 6500) of the California Government Code (the “Joint Exercise of Powers Act”), authorizes two or more public agencies to create a joint exercise of powers entity which has the power to exercise any powers common to its members and to exercise additional powers granted under the Joint Exercise of Powers Act.

2. Pursuant to the Joint Exercise of Powers Act, the City and the Kerman Redevelopment Agency (the “Agency”) entered into that certain Joint Exercise of Powers Agreement, dated as of August 15, 2007 (the “Agreement”) to establish the Kerman Public Financing Authority (the “Financing Authority”).

3. In accordance with section 34187 of the California Health and Safety Code and other applicable law, the Agency has been completely dissolved.

4. Under the Joint Exercise of Powers Act, a number of California cities, counties and special districts have entered into a joint exercise of powers agreement pursuant to which CSCDA was organized and CSCDA may, among other things, enter into a joint exercise of powers agreement with one or more public agencies pursuant to which such contracting parties may jointly exercise any power common to them and to exercise additional powers granted under the Joint Exercise of Powers Act.

5. Section 4.06 of the Agreement allows amendments to the Agreement by supplemental agreements, including to add new parties thereto.

6. The City and CSCDA desire that CSCDA be added as a new member of the Financing Authority under the Agreement, in place of the Agency that was dissolved. 81 Section 5, Item J.
- 2 -
AGREEMENT:

For and in consideration of the premises and the material covenants hereinafter contained, the parties hereto hereby formally covenant, agree and bind themselves as follows:

First, the following provision is added to the Agreement:

Section 4.10. Addition of CSCDA as Member. CSCDA is hereby added as a Member of the Authority, with the same powers, rights, and limitations of liability as apply to the other Members of the Authority and their respective officers, agents and employees. For clarity, as of the date of the addition of CSCDA as a Member, the Members shall consist solely of the City and CSCDA.

Second, Section 4.03 of the Agreement shall be amended and restated as follows:

Section 4.03. Notices. Notices to the City hereunder shall be sufficient if delivered to the City Manager, and notices to CSCDA hereunder shall be sufficient if delivered to CSCDA staff.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed and delivered by their proper officers thereunto duly authorized, to be effective as of the day and year first above written.

CITY OF KERMAN
By: ________________________________
Maria Pacheco
Mayor
Attest:
________________________________
Josie Camacho
City Clerk

CALIFORNIA STATEWIDE COMMUNITIES

DEVELOPMENT AUTHORITY
By: ________________________________
Authorized Signatory
82 Section 5, Item J.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Resolution Confirming and Ordering Tract 6430 Annexation into Kerman Landscaping and Lighting District No. 1, Area 16, and Establishing a Levy of Assessments for the Annexed Territory (JG)
RECOMMENDATION: Council by motion adopt resolution confirming and ordering Tract 6430 annexation into Kerman Landscaping and Lighting District No. 1, Area 16, and establishing a Levy of Assessments for the annexed territory.

EXECUTIVE SUMMARY:

The City of Kerman’s (the City) Landscaping and Lighting District (LLD) No. 1 maintains public landscaping in median islands and landscape strips along major streets. All new developments are annexed into the LLD and charged an annual assessment that is collected with property taxes. There are currently 15 sub-areas within the LLD.

The City Council initiated the process for annexation of Tract 6430 into LLD No. 1 on July 9, 2025. Approval of the proposed Resolution will conclude the process by annexing the lots of a new residential subdivision into LLD No. 1 being developed by WFK Holdings, LLC, a California limited liability company and The Boyd Trust dated December 23, 1999 (“Applicant”) and setting a levy at $187.14 for single-family lots 1 to 118 and $5,729.39 multi-family lot 119 .

The Applicant has undergone the final map review process for Tract 6430 which seeks to develop a 119-lot subdivision located at the southeast corner of the California and Modoc Avenues alignments intersection. Final map approval by the City Council will be considered as a separate Agenda item at today’s meeting. A condition of approval for Tract 6430 requires that Applicant request annexation to the City‘s LLD. Consistent with that requirement, the Applicant has submitted a petition and waiver to the City, requesting annexation into LLD No. 1 and agreeing to the initial assessment of $187.14 for single-family lots 1 to 118 and $5,729.39 for multi-family lot 119 for the fiscal year commencing July 1, 2026 and ending June 30, 2027.

Thereafter, the property would be subject to the annual levy amounts approved by Council for LLD No. 1 for each fiscal year.

The Applicant has also (i) waived certain resolutions, report, notices of hearing, and right of majority protest, and consented to a public hearing and adoption of a Resolution by the City Council ordering annexation and levy of the Property; and (ii) expressly waived any requirement to have a ballot and majority protest proceeding per Government Code Section 53753 or as 83 Section 6, Item A.
may be permitted by the Act. As a result of this waiver, the annexation process can be expedited as no report by the City Engineer is required to be prepared, nor is a ballot and majority protest required.

The attached resolution finds that there is no majority protest by the Applicant, annexes the property into Area 16, of LLD No. 1, and sets the levy at $187.14 for single-family lots 1 to 118 and $5,729.39 for multi-family lot 119 for the fiscal year commencing July 1, 2026 and ending June 30, 2027. Going forward, the annexed property will be subject to the annual levy approved by the City Council every year for all property within LLD No. 1, Area 16.

FISCAL IMPACT:

Each of the single-family lots 1 to 118 that is annexed will pay the assessment rate of $187.14 per lot and multi-family lot 119 will pay the assessment rate of $5,729.39.

Thereafter, the City Council will approve assessment amounts for Area 16 of the LLD No. 1, which may be adjusted to reflect increases based on the consumer price index.

ATTACHMENTS:

A. Resolution w/Exhibits
B. Waiver
84 Section 6, Item A.

Attachment ‘A’
RESOLUTION NO. 25-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN, CALIFORNIA CONFIRMING AND ORDERING TRACT 6430 ANNEXATION INTO LANDSCAPING AND LIGHTING DISTRICT NO. 1, AREA 16, AND ESTABLISHING A LEVY OF ASSESSMENTS FOR

THE ANNEXED TERRITORY
WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment District; and
WHEREAS, on September 7, 1993 the Kerman City Council established the “Kerman Landscape and Lighting District No. 1” (“LLD No. 1”) to levy and collect assessments to cover the cost of maintaining landscaping, irrigation systems and streetlights within the LLD No. 1 public right-of-way; and
WHEREAS, the City Council has determined that, to finance the installation, operation of landscaping, irrigation and lighting improvements which benefit the aforementioned tract and public lands, it should be annexed into the District; and WHEREAS, not only will annexing this new development into the existing district ensure that all benefitting parcels share equally in the costs to maintain the improvements, but consolidating the benefitting developments into a single assessment district will facilitate their management by the City; and
WHEREAS, the proceedings for the annexation of the aforementioned tract and public lands to the District are authorized by and are conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and
WHEREAS, pursuant to Streets and Highways Code section 22608, resolutions, reports, notices of hearing, and the right of majority protest may be waived with the written consent of all landowners of the territory to be annexed; and
WHEREAS, WFK Holdings, LLC, a California limited liability company and The Boyd Trust dated December 23, 1999, are the landowners of the property proposed for annexation and generally located at the southeast corner of the California and Modoc Avenues alignments intersection, and which is also known as Tract 6430 whose final map will be considered by the City Council as future separate item, as further described or depicted on Exhibit ‘A’ (“Subject Property”); and
85 Section 6, Item A.

WHEREAS, WFK Holdings, LLC, a California limited liability company and The Boyd Trust dated December 23, 1999, have provided a petition for annexation and written consent to waiver of resolutions, reports, notices of hearing, and the right of majority protest regarding the Subject Property, as well as consenting to the amount of the proposed levy for the fiscal year; and WHEREAS, as a result, no report by the City Engineer is required to be prepared and filed with the City Clerk which outlines the land to be annexed, etc.; and WHEREAS, on July 9, 2025, the City Council initiated the process for annexation of the Subject Property in Area 16 of LLD No. 1, and set a public hearing for consideration of the same for August 13, 2025; and
WHEREAS, after holding a public hearing, the City Council now desires to annex the territory of the landowner to existing LLD No. 1; designate the portion of the annexed territory into Area 16 of LLD No. 1 for the property, and set the levy and collection of assessments against the assessable lots and parcels of land for that portion of territory.

NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:

1. The above recitals are true and correct, and are hereby incorporated herein by this reference.

2. The City Council finds that the hearing on said annexation of territory and levy of assessment was held in accordance with law and all persons desiring to speak were heard, and that there was no majority protest by the property owners of the same.

3. The City Council orders the territory identified in Exhibit ‘A’ annexed into existing assessment district Kerman Landscaping and Lighting District No. 1, Area 16.

4. The hearing on said annual levy of assessment for the District was also held in accordance with law and all persons desiring to speak were heard.

5. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property identified on Exhibit ‘A’ within Area 16 of the existing assessment district designated “Kerman Landscaping and Lighting District No. 1” pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2026 and ending June 30, 2027, to pay for the costs and expenses of the improvements for at the assessment rate(s) set forth in Exhibit ‘B’. Levies may be adjusted annually for inflation by the City Council consistent with the formation documents for Kerman Landscaping and Lighting District No. 1 and the Act.
86 Section 6, Item A.

6. The City Council hereby determines that the territory within Area 16 of the District, whose boundaries are set forth in Exhibit ‘A’, will be the territory benefited by the and servicing of the improvements.

7. The City Council hereby orders the levy of the assessments described in said Exhibit ‘B’.

8. The City Council finds that the assessment diagram showing the property annexed into the District, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements for that portion of the District, which are identified in Exhibit ‘C’.

9. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Fresno County Auditor-Controller as required by law.

10. This Resolution shall be effective on August 13, 2025.

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Kerman held on August 13, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
87 Section 6, Item A.

Exhibit ‘A’
Boundaries to Kerman Landscaping & Lighting District No. 1, Area 16, City of Kerman, Fresno County, California

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF KERMAN, COUNTY OF FRESNO,STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

TRACT ONE:

Lot 17 of Block 11 of Fresno Irrigated Farms Co. Tract, in the unincorporated area of the County of Fresno, State of California according to the map thereof recorded June 24, 1912, in Book 8, Page 1 of Record of Surveys, in the office of the County Recorder of said County.

TOGETHER WITH, the Northerly 25.00 feet of that parcel of land granted to the Southern Pacific Railroad Company in the Deed recorded November 16, 1888, in Book 87,

of Section 14, Township 14 South, Range 17 East, Mount Diablo Base and Meridian according to the Official Plat thereof, and the Southerly extension of the West line of Lot 16 of said Fresno Irrigated Farms Co. Tract, being Parcel 2, in the Deed executed by Union Pacific Railroad Company, a Delaware corporation formerly known as Southern Pacific Transportation Company, a Delaware corporation, to Kenneth R. Boyd and Susan K. Boyd, as Trustees of the Boyd Trust dated December 23, 1999, said Deed recorded November 29, 2004, as Document No. 2004-0265622, of Official Records.

TOGETHER WITH, that portion of West California Avenue, as abandoned by Resolution No. 04-76, recorded July 11, 2006, as Document No. 2006-0144355, of Official Records, which would pass by operation of Law.

ALSO TOGETHER WITH, all that portion of said land conveyed in the Grant Deed recorded June 7, 2024, as Document No. 2024-0050304, of Official Records, the land therein being described as follows:

Being a portion of the Northeast quarter of Section 14, Township 14 South, Range 17 East, Mount Diablo Base and Meridian, in the unincorporated area of the County of Fresno, State of California according to the Official Plat thereof, lying Northerly of the North Right-of-Way line of that certain parcel of land granted to the Southern Pacific Railroad Company by deed recorded November 16, 1888 in Book 87 at Page 157 of Official Records of Fresno County, and being more particularly described as follows:

BEGINNING, at the North quarter corner of said Section 14; Thence, along the North line of the Northeast quarter of said Section 14, North 89°49'20" East, 1319.72 feet to the Southerly extension of the West line of Lot 16 of the Fresno Irrigated Farms Company Tract recorded in Book 8 of Record of Surveys at Page 1, Fresno County Records; 88 Section 6, Item A.

Thence, along said Southerly extension, South 00°45'28" West, 29.70 feet to the North line of said Southern Pacific Railroad Company Right-of-Way, also being the North line of that certain Quitclaim Deed between the Union Pacific Railroad Company and Kenneth R.

Boyd as recorded November 29, 2004 as Document No. 2004-0265622 of Official Records of Fresno County; Thence, along the North line of said Southern Pacific Railroad Company Right-of-Way, North 89°59'57" West, 1319.62 feet to the West line of the Northeast quarter of said Section 14; Thence, along said West line of the Northeast quarter of Section 14, North 00°38'13" East, 21.57 to the POINT OF BEGINNING.

EXCEPTING FROM, that portion lying within said Lot 17, all oil, gas and other hydrocarbon substances in and under said premise, TOGETHER WITH, the full right and privilege to the grantor, its successors and assigns, to develop and remove the same, as more particularly described therein and also subject to the terms and conditions set forth therein, all as reserved by G. Kerckhoff Company, a California corporation, in the Deed recorded June 13, 1947, in Volume 2533, Pages 185, 286 & 287 of Official Records, as Document No. 31682.

EXCEPTING FROM, that portion lying within the land conveyed by Union Pacific Railroad Company, a Delaware corporation formerly known as Southern Pacific Transportation Company, a Delaware corporation, in the Deed recorded November 29, 2004, as Document No. 2004-0265622, of Official Records, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including, without limiting the generality of the foregoing, oil and gas and rights thereto, TOGETHER WITH, the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface of the Property, or to interfere with the use thereof by Grantees the heirs, successors or assigns of said Trust. Except as may be otherwise provided in a written assignment or other written agreement between Grantor and Grantees, Grantor reserves all income (including, without limitation, rentals, license fees and royalties from any existing license and other existing rights to use the Property and renewals thereof) granted by Grantor or Grantor's predecessors in interest. Grantees agree that if Grantees receive any such income, Grantees will promptly forward the income to Grantor.

EXCEPTING FROM, those portions lying within the Northeast quarter of said Section 14, less the Southern Pacific Railroad right-of-way, all oil, gas and other hydrocarbon substances in and under said premises, TOGETHER WITH, the full right and privilege to the grantor, its successors and assigns, to develop and remove the same, as set forth in paragraphs (a), (b), (c) and (d), in said Deed, all as reserved by G. Kerckhoff Company, a California corporation, in the Deed recorded January 15, 1945, in Volume 2224, Page 109 of Official Records, as Document No. 2064.

APN: 020-041-45s and 020-041-47s and Portion of APN: 020-160-36s 89 Section 6, Item A.

TRACT TWO:

Lot 18 of Block 11 of Fresno Irrigated Farms Co. Tract, in the unincorporated area of the County of Fresno, State of California according to the map thereof recorded June 24, 1912, in Book 8, Page 1 of Record of Surveys, in the office of the County Recorder of said County.

EXCEPTING THEREFROM, the South 75 feet of the West 100 feet thereof, as described in the Deed recorded November 21, 1951, in Book 3091, Page 43 of Official Records, as Document No. 61176.

ALSO EXCEPTING THEREFROM, all oil, gas and other hydrocarbon substances in and under said premise, TOGETHER WITH, the full right and privilege to the grantor, its successors and assigns, to develop and remove the same, as more particularly described therein and also subject to the terms and conditions set forth therein, all as reserved by G. Kerckhoff Company, a California corporation, in the Deed recorded April 2, 1945, in Volume 2245, Pages 1 & 2 of Official Records, as Document No. 13312 APN: 020-160-36s (portion)
TRACT THREE:

The South 75 feet of the West 100 feet of Lot 18 of Block 11 of Fresno Irrigated Farms Co. Tract, in the unincorporated area of the County of Fresno, State of California according to the map thereof recorded June 24, 1912, in Book 8, Page 1 of Record of Surveys, in the office of the County Recorder of said County, as described in the Deed recorded November 21, 1951, in Book 3091, Page 43 of Official Records, as Document No. 61176.

EXCEPTING THEREFROM, all oil, gas and other hydrocarbon substances in and under said premise, TOGETHER WITH, the full right and privilege to the grantor, its successors and assigns, to develop and remove the same, as more particularly described therein and also subject to the terms and conditions set forth therein, all as reserved by G. Kerckhoff Company, a California corporation, in the Deed recorded April 2, 1945, in Volume 2245, Pages 1 & 2 of Official Records, as Document No. 13312 APN: 020-160-36s (Portion)
The property is subject to a pending map for Tract 6430, whose final map is being considered by the City Council. The boundaries of the annexation shall be comprised of lots 1-119, of the Tract 6430. The boundaries of Tract 6430 are depicted as set forth in Exhibit C.
90 Section 6, Item A.

Exhibit ‘B’
Lot Landowner Proposed Assessment
1 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
2 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
3 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
4 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
5 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
6 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
7 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
8 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
9 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
10 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
11 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
12 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
13 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
14 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
91 Section 6, Item A.

Lot Landowner Proposed Assessment
15 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
16 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
17 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
18 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
19 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
20 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
21 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
22 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
23 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
24 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
25 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
26 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
27 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
28 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
29 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
92 Section 6, Item A.

Lot Landowner Proposed Assessment
30 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
31 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
32 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
33 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
34 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
35 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
36 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
37 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
38 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
39 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
40 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
41 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
42 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
43 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
44 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
93 Section 6, Item A.

Lot Landowner Proposed Assessment
45 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
46 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
47 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
48 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
49 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
50 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
51 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
52 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
53 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
54 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
55 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
56 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
57 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
58 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
59 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
94 Section 6, Item A.

Lot Landowner Proposed Assessment
60 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
61 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
62 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
63 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
64 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
65 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
66 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
67 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
68 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
69 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
70 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
71 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
72 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
73 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
74 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
95 Section 6, Item A.

Lot Landowner Proposed Assessment
75 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
76 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
77 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
78 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
79 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
80 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
81 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
82 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
83 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
84 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
85 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
86 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
87 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
88 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
89 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
96 Section 6, Item A.

Lot Landowner Proposed Assessment
90 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
91 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
92 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
93 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
94 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
95 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
96 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
97 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
98 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
99 WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
100
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
101
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
102
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
103
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
104
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
97 Section 6, Item A.

Lot Landowner Proposed Assessment
105
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
106
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
107
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
108
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
109
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
110
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
111
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
112
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
113
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
114
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
115
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
116
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
117
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
118
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$187.14
119
WFK Holdings, LLC, a California limited liability
company and The Boyd Trust dated December 23,
1999
$5,729.39
98 Section 6, Item A.
99 Section 6, Item A.

Attachment 'B'
100
Section 6, Item A.
101
Section 6, Item A.
102
Section 6, Item A.
103
Section 6, Item A.
104
Section 6, Item A.
105
Section 6, Item A.
106
Section 6, Item A.
107
Section 6, Item A.

MADILYN AVENUE MADILYN AVENUE
W California Avenue W California Avenue
1 2
3 4
5 6
7 8
9 11
12 13
14 15
17 16
18 19
20 21
22 24 27 26
28 29 25
31 33
34 35
37 38
39 40
41 42
44 43
45 46
47 48
49 50
51 52
53 54
55 56
57 58
60 59
61 62
63 64
65 66
67 68
69 70
71 73 72
74 75
76 77
78 79
80 81
82 83
84 85
86 88 87
89 90
91 93 92
94 95
96 97
98 99
100 101 102
103
104
105
106
107
108 109
110 111
112
113
114
115
116
117
118
10 23
30 32
36 119 PAIGE AVENUE SETH AVENUE BRIDGET AVENUE MAX AVENUE

ROBIN AVENUE

EVIE AVENUE MICHAEL AVENUE CAMILLE AVENUE AMANDA AVENUE TRENT AVENUE

ROBIN AVENUE TRENT AVENUE

THE BORDER INDICATES THE LIMITS OF THE

SUBDIVISION

CENTERLINE

LOT LINE

PROPERTY LINE
LEGEND
Fresno Irrigated
Farms Company Tract
Bk. 8 RS Pg. 1 F.C.R. COUNTY OF FRESNO CITY OF KERMAN

COUNTY OF FRESNO

CITY OF KERMAN
LARS ANDERSEN & ASSOCIATES, INC.

CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
TRACT 6430

EXHIBIT C
108
Section 6, Item A.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Establishing Regular Meetings of the Kerman Public Financing Authority (JA) RECOMMENDATION: Board of directors of the Financing Authority by motion adopt resolution establishing regular meetings and approving related actions.

EXECUTIVE SUMMARY:

The City of Kerman (the City) is planning to finance public capital improvements, anticipated to consist of a new multi-generational community resiliency center and improvements to the City’s new police station. The financing will be undertaken via the issuance of long-term taxexempt bonds via a public offering.

It is anticipated that the bonds will be issued by the Kerman Public Financing Authority (Financing Authority) pursuant to Article 4 of the Joint Exercise of Powers Act (Government Code Section 6500 et seq.), which Act authorizes two or more public agencies to create a joint exercise of powers entity which has the power to exercise any powers common to its members and to exercise additional powers granted under the Act.

Pursuant to Article 4 of the Act, approval of bonds by the Financing Authority must be done at a regular meeting of the Board of Directors. Accordingly, it is important to clarify the regular meeting schedule of the Financing Authority.

The Board of Directors will conduct regular meetings on the same date and at the same time as the meetings of the City Council of the City, in the same location as the City Council meetings are held, or such other date, time and/or location as notified to the public in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.). No regular meetings need be held and such meetings shall be deemed automatically cancelled should the Chair of the Financing Authority determine that no business is required to be conducted by the Board at such meeting and therefore no items of the Financing Authority appear on an agenda otherwise notified to the public in accordance with the Ralph M. Brown Act.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution
109
Section 7, Item A.
‘Attachment A’
RESOLUTION NO. PFA 25-___

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE KERMAN PUBLIC

FINANCING AUTHORITY ESTABLISHING REGULAR MEETINGS AND APPROVING RELATED

ACTIONS
WHEREAS, the Kerman Public Financing Authority (the “Authority”) has been established pursuant to a Joint Exercise of Powers Agreement, dated as of August 15, 2007 (the “JPA Agreement”), between the City of Kerman (the “City”) and the Kerman Redevelopment Agency (which was succeeded by the Successor Agency to the former Kerman Redevelopment Agency) (the “Agency”); and
WHEREAS, Section 1.03(d) of the JPA Agreement specifies that the Board of Directors of the Authority (the “Board”) will hold regular meetings at the time and place as provided by resolution of the Board; and
WHEREAS, the Board wishes at this time to establish the date, hour and place of regular meetings and approve related actions;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Directors of the Kerman Public Financing Authority as follows:

1. Establishment of Regular Meetings. The Board shall conduct regular meetings on the same date and at the same time as the meetings of the City Council of the City, in the same location as the City Council meetings are held, or such other date, time and/or location as notified to the public in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.). Notwithstanding the foregoing, no regular meetings need be held and such meetings shall be deemed automatically cancelled should the Chair determine that no business is required to be conducted by the Board at such meeting and therefore no items of the Authority appear on an agenda otherwise notified to the public in accordance with the Ralph M. Brown Act.

2. Repealer. Any prior resolutions of the Board setting any other regular meeting schedule for the Authority are hereby repealed.

3. Official Actions. The Chair, Executive Director, Chief Financial Officer and Secretary of the Authority are each authorized and directed on behalf of the Authority to execute any documents and make any filings, which they or any of them deem necessary or appropriate in order to reflect the current regular meeting schedule, membership of the Board and officers of the Authority, including without limitation the filing of updates with the California Secretary of State related thereto.

4. Effective Date. This resolution shall take effect upon its adoption. 110
Section 7, Item A.

The foregoing resolution was adopted by the Board of Directors of the Kerman Public Financing Authority this 13th day of August, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Josie Camacho
City Clerk
111
Section 7, Item A.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: John Jansons, City Manager
Josefina Alvarez, Finance Director
SUBJECT: Resolution Authorizing Assignment of Lease from City of Kerman to the Kerman Public Financing Authority for 942 South Madera Avenue (JAJ), (JA) RECOMMENDATION: Council by motion adopt resolution approving assignment of lease of 942 South Madera Avenue from the City of Kerman to the Kerman Public Financing Authority for the purpose of facilitating the capital projects funding program of the City.

EXECUTIVE SUMMARY:

The City of Kerman (City) owns real property located at 942 South Madera Avenue and currently leases that property to Valley Health Team for dental and medical offices.

The current capital financing project underway by the City requires certain City assets be pledged as security for the financing issuance. The City property at 942 South Madera is included in that program and the current lease with Valley Health Team is recommended to be assigned to the Kerman Public Financing Authority (Authority) to secure the financing.

The Resolution (Attachment ‘A’) and Assignment of Lease (Exhibit ‘1’) will authorize the City Manager to assign the lease on behalf of the City and to accept the assignment as Executive Director of the Authority for the real property leasehold interest of 942 South Madera Avenue.

COORDINATION AND REVIEW:

The recommendation has been coordinated with Bond Counsel and has been approved by the City Attorney.

FISCAL IMPACT:

The recommended action is necessary to secure project financing and poses no negative fiscal impact to the City or Authority.

ATTACHMENTS:

A. Resolution w/Exhibit
112
Section 7, Item B.

Attachment ‘A’
RESOLUTION NO. 25-___

A RESOLUTION OF THE CITY OF KERMAN AND THE KERMAN PUBLIC FINANCING AUTHORITY APPROVING ASSIGNMENT OF LEASE OF 942 SOUTH MADERA AVENUE TO FACILITATE

CAPITAL PROJECTS FINANCING STRATEGY
WHEREAS, the City of Kerman (the “City”) and the Kerman Public Financing Authority (the “Authority”), are a joint exercise of powers authority organized and existing under the laws of the State of California; and
WHEREAS, the Authority has authorized the issuance of the Bonds under an Indenture of Trust dated as of October 1, 2025 (the “Indenture”), between the Authority and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”), for the purpose of providing funds to enable the Authority to pay a lease payment to the City in accordance with a Site Lease; and WHEREAS, in order to provide revenues sufficient to enable the Authority to pay debt service on the Bonds, the Authority has agreed to lease property that is the subject of the Site Lease, which includes the Leased Property, back to the City under a Lease Agreement dated as of October 1, 2025 (the “Leaseback Agreement”) under which the City agrees to make semiannual Lease Payments as rent for certain parcels of real property, which includes the Leased Property; and
WHEREAS, the office building portion of the Leased Property is currently subject to a Lease Agreement dated as of October 1, 2010 (the “VHT Lease”), by and between the City, as lessor, and Valley Health Team, Inc., as tenant; and
WHEREAS, the Authority has requested the City to enter into this Assignment for the purpose of assigning certain of its rights under the VHT Lease, including any amendments or extensions thereto entered into so long as the Bonds are outstanding, to the Authority, for the benefit of the Bond owners, and to facilitate the financing structure.

NOW, THEREFORE, the City Council of the City of Kerman and the Kerman Public Financing Authority does hereby resolve as follows:

Section 1: The foregoing recitals are true and correct and incorporated herein by reference.

Section 2: The City hereby assigns to the Authority, for the benefit of the owners of the Bonds, all of the City’s rights under the VHT Lease, including but not limited to:
(a) the right to receive and collect all of the lease payments from the VHT under the VHT Lease, and
113
Section 7, Item B.
(b) the right to receive and collect any proceeds of any insurance maintained thereunder with respect to the Leased Property, or any eminent domain award (or proceeds of sale under threat of eminent domain) paid with respect to the Leased Property, and
(c) the right to exercise such rights and remedies conferred on the Authority under the VHT Lease as may be necessary or convenient (i) to enforce payments due under the VHT Lease.

Section 3: The Authority and the City acknowledge and agree that, as contemplated by the Leaseback Agreement, the City shall continue to administer the VHT Lease and shall have the right to make any amendments or extensions thereto, which administration, amendments and extensions, if any, shall all be for the benefit of the Authority and not adverse to the owners of the Bonds, so long as the Bonds are outstanding.

Section 4: The Authority may at any time assign its rights under this Assignment to the Trustee to enable the Trustee to administer all of the rights assigned to it by the Authority in accordance with the provisions of the Indenture and an assignment by the Authority to the Trustee of the Leaseback Agreement, for the benefit of the owners of Bonds. Such assignment to the Trustee, if and when made, shall be irrevocable so long as the Bonds are outstanding.

Section 5: The Authority hereby accepts the assignments made herein for the purpose of securing the payments due on the Bonds.

Section 6: This Assignment may be executed in any number of counterparts, each of which is an original and all together constitute one and the same agreement.

Section 7. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman and the Kerman Public Financing Authority at a regular meeting held on the 13th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
114
Section 7, Item B.

The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
_______________________
Josie Camacho
City Clerk
115
Section 7, Item B.
-1-
Exhibit ‘1’

ASSIGNMENT OF LEASE
This ASSIGNMENT OF LEASE (this “Assignment”), dated for convenience as of October 1, 2025, is between the CITY OF KERMAN (the “City) and the KERMAN PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the “Authority”).

The City is proceeding to finance public capital improvements through the issuance by the Authority of 2025 Lease Revenue Bonds (the “Bonds”), which requires the City to lease its real property in the City known as 942 S Madera Avenue (the “Leased Property”) to the Authority under a Site Lease dated as of October 1, 2025 (the “Site Lease”).

The Authority has authorized the issuance of the Bonds under an Indenture of Trust dated as of October 1, 2025 (the “Indenture”), between the Authority and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”) for the purpose of providing the funds to enable the Authority to pay a lease payment to the City in accordance with a Site Lease.

In order to provide revenues which are sufficient to enable the Authority to pay debt service on the Bonds, the Authority has agreed to lease property which is the subject of the Site Lease, which includes the Leased Property, back to the City under a Lease Agreement dated as of October 1, 2025 (the “Leaseback Agreement”) under which the City agrees to pay semiannual Lease Payments as the rental for the certain parcels of real property, which includes the Leased Property.

The office building portion of the Leased Property is currently subject to a Lease Agreement dated as of October 1, 2010 (the “VHT Lease”) by and between the City, as lessor, and Valley Health Team, Inc., as tenant.

The Authority has requested the City to enter into this Assignment for the purpose of assigning certain of its rights under the VHT Lease, including any amendments or extensions thereto entered into so long as the Bonds are outstanding, to the Authority for the benefit of the Bond owners, to facilitate the financing structure.

In consideration of the material agreements contained in the Site Lease, Leaseback Agreement and Indenture and this Assignment, the parties hereto hereby formally covenant, agree and bind themselves as follows:

1. The City hereby assigns to the Authority, for the benefit of the owners of the Bonds, all of the City’s rights under the VHT Lease, including but not limited to:
(a) the right to receive and collect all of the lease payments from the VHT under the VHT Lease,
(b) the right to receive and collect any proceeds of any insurance maintained thereunder with respect to the Leased Property, or any eminent domain award (or proceeds of sale under threat of eminent domain) paid with respect to the Leased Property, and
116
Section 7, Item B.
-2-
(c) the right to exercise such rights and remedies conferred on the Authority under the VHT Lease as may be necessary or convenient (i) to enforce payments due under the VHT Lease.

2. The Authority and the City acknowledge and agree that, as contemplated by the Leaseback Agreement, the City shall continue to administer the VHT Lease and shall have the right to make any amendments or extensions thereto, which administration, amendments and extensions, if any, shall all be for the benefit of the Authority and not adverse to the owners of the Bonds, so long as the Bonds are outstanding.

3. The Authority may at any time assign its rights under this Assignment to the Trustee to enable the Trustee to administer all of the rights assigned to it by the Authority in accordance with the provisions of the Indenture and an assignment by the Authority to the Trustee of the Leaseback Agreement, for the benefit of the owners of Bonds. Such assignment to the Trustee, if and when made, shall be irrevocable so long as the Bonds are outstanding.

4. The Authority hereby accepts the assignments made herein for the purpose of securing the payments due on the Bonds.

5. This Assignment may be executed in any number of counterparts, each of which is an original and all together constitute one and the same agreement.

IN WITNESS WHEREOF, the parties have executed this Assignment by their duly authorized officers as of the day and year first written above.

KERMAN PUBLIC FINANCING AUTHORITY
By:

John Jansons
Executive Director

CITY OF KERMAN
By:

John Jansons
City Manager
APPROVED AS TO FORM:
___________________________________________
Hilda Cantu Montoy, CITY / AUTHORITY ATTORNEY
117
Section 7, Item B.

STAFF REPORT
MEETING DATE: August 13, 2025
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Resolution Approving Final Map, Subdivision Agreement, Right-to-Farm Covenant, Landscape and Lighting District Covenant, Temporary Storm Drainage Basin Covenant and Acccepting Dedication of Right-of-Way for Public Street and Utility Purposes for Tract No. 6430 (JG)
RECOMMENDATION: Council by motion adopt resolution pertaining to Tract No. 6430 as follows:

1. Approving Final Map and Subdivision Agreement

2. Approving Covenant Acknowledging Right To Farm Law

3. Approving Covenant Accepting Annexation into Landscape and Lighting District No. 1

4. Approving Covenant and Agreement for Temporary Storm Drainage Basin Use

5. Accepting Dedication of Right-of-Way for Public Street and Utility Purposes over a portion of APN 020-160-18S

6. Authorizing the Mayor and City Manager to sign the Subdivision Agreement and Covenants as appropriate.

EXECUTIVE SUMMARY:

WFK Holdings, LLC (WFK), submitted Tentative Subdivision Map No. 2023-01 (TSM 2023-01), proposing to subdivide approximately 21.89 acres located at the southeast corner of the California and Modoc Avenues alignments intersection. TSM 2023-01 consists of one hundred and eighteen (118) single-family residential lots and one (1) lot for future development of fiftyfour multi-family residential units. TSM 2023-01 was approved by the Planning Commission on July 15, 2024, and City Council on September 25, 2024.

In the time since approval of TSM 2023-01, WFK has submitted Final Map No. 6430 (FM 6430) improvement plans, and required supplemental technical documents for the subdivision as well as undergone the Fresno Local Agency Formation Commission’s annexation process for expanding the City of Kerman’s (the City) limits to encompass the subdivision. The final map and plans have been reviewed and deemed technically correct by City Staff. Staff recommends Council approve the final map and accept its dedications for public use.

In order for the FM 6430 to be approved and subsequently recorded, WFK is required to enter into a subdivision agreement with the City. The subdivision agreement requires WFK to post improvement and warranty securities in favor of the City, as required by Government Code Section 66462, to ensure completion of the improvements. The basis for these securities is the 118
Section 7, Item C.
total estimated cost for all public improvements required to be completed by the developer to satisfy the conditions of approval for TSM 2023-01. In addition, the subdivision agreement specifies the development impact fees to be paid by WFK and the timing of collection by the City. Substantial completion (i.e. all utilities completed and tested, streets paved, street lighting installed, and any other improvements necessary to protect public health, safety, and welfare) of the improvements is required by December 31, 2026. No certificates of occupancy for homes within the subdivision will be granted until the improvements are deemed substantially complete by the City Engineer.

A policy of the City of Kerman is to preserve, protect and encourage development of its agricultural land and industries. Consistent with its policy, FM 6430 is subject to a condition of approval for recordation of a Right-to-Farm covenant. The covenant ensures FM 6430 is not developed, used, or maintained in such a way as to adversely affect adjoining properties.

Additionally, it serves as disclosure to future buyers of inconveniences and discomforts resulting from normal farming activities affecting properties adjoining FM 6430. Approval of the covenant will result in its recordation for running parallel with FM 6430.

FM 6430 is subject to conditions of approval for installation of streetlights, landscaping and irrigation (improvements) in the California Avenue landscape strip and street median islands right-of-way. The City’s Landscaping and Lighting District (LLD) No. 1 maintains said improvements and pays for electrical costs related to their operations. As such, the conditions of approval also require WFK to annex the subdivision into LLD No. 1. The LLD annexation underwent an initiation process, approved by Council on July 9, 2025, for establishing improvements maintenance costs to each lot within FM 6430. The next LLD annexation step is for Council, by way of a separate agenda item, to confirm the costs and order FM 6430 annexation into LLD No. 1. FM 6430 is subject to a condition of approval for recordation of a LLD covenant. The covenant ensures FM 6430 is annexed into LLD No. 1 per the LLD annexation process, and serves as disclosure to future buyers of said requirements. Approval of the covenant will result in its recordation for running parallel with FM 6430.

Currently, there is no master-planned storm drainage basin or pipeline (drainage facilities) to serve FM 6430. As such, the conditions of approval require WFK to construct a temporary storm drainage basin (temporary basin) for storage of its run-off. When future development constructs drainage facilities, FM 6430 storm drain pipelines will connect to said facilities.

When this occurs, the temporary basin will no longer be necessary. To ensure that the temporary basin is backfilled at that time, and maintained in the interim, WFK is required to enter into a basin covenant and agreement with the City. Lum Family Enterprises (Lum) is an additional party to the basin covenant and agreement as the owner of the APN 020-160-18S portion of land over which the temporary basin will be situated. Approval of the covenant will result in its recordation for running parallel with FM 6430.

The subdivision’s location at the southwest corner of the city limits requires it be solely served from the east by California Avenue until future development of Modoc Avenue. As such, the conditions of approval require WFK to construct California Avenue to city collector street standards. The improvements will exclude sidewalk, ADA ramps, landscape, irrigation, and block wall behind the California Avenue northside curb alignment. The required improvements 119
Section 7, Item C.
extend beyond the limits of FM 6430 and therefore necessitate additional right-of-way dedication. WFK has coordinated with Lum and obtained agreement on dedication of a 33.28 foot-wide portion of APN 020-160-18S, adjacent to and spanning the northern limits of FM 6430. Acceptance of the right-of-way dedication will allow for construction of necessary California Avenue improvements and future maintenance by the City upon taking ownership once final acceptance is issued to WFK.

FISCAL IMPACT:

Permit fees will be collected prior to issuance of grading permit. Development impact fees due for each residential unit constructed will be collected at the date of certificate of occupancy issuance for each unit. TSM 2023-01 was approved as a Tentative Subdivision Map, not a Vesting Map. For that reason FM 6430 development impact fees may be adjusted and will be paid at the rate in effect at the time of collection. All other fees will be paid prior to recordation of the Final Map.

ATTACHMENTS:

A. Final Map No. 6430
B. Resolution
120
Section 7, Item C.

Attachment ‘A’
RESOLUTION NO. 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN, CALIFORNIA,

APPROVING FINAL MAP, SUBDIVISION AGREEMENT, RIGHT-TO-FARM COVENANT,

LANDSCAPE AND LIGHTING DISTRICT COVENANT, TEMPORARY STORM DRAINAGE BASIN

COVENANT AND ACCCEPTING DEDICATION OF RIGHT-OF-WAY FOR PUBLIC STREET AND UTILITY PURPOSES FOR TRACT NO. 6430
WHEREAS, Tentative Subdivision Map No. 2023-01, was approved by the Planning Commission on July 15, 2024, and the City Council on September 25, 2024; and WHEREAS, WFK Holdings, LLC (“Owner”) has submitted an application for a Final Map for Tract No. 6430; and
WHEREAS, all the certificates which appear on the map (except the approval certificate of the City Council of the City of Kerman and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged; and WHEREAS, the City Council has considered the application for Final Map for Tract No. 6430 under the Subdivision Map Act, Subdivision Ordinance of the City of Kerman, and proofs and evidence offered including the recommendations of the City Engineer, the City Surveyor, the Community Development Director, and the City Planning Commission; and WHEREAS, the City Council has found that the proposed subdivision together with provisions for its design and improvement, is consistent with the General Plan of the City of Kerman and that none of the grounds for denial set forth in subdivisions (a) through (g) of Section 66474 of the Government Code exist with respect to said subdivision; and WHEREAS, Owner whose signatures appear on the map have offered for dedication certain streets and public utility easements as shown and delineated on said map; and WHEREAS, a Subdivision Agreement is necessary for assurance of improvements construction completion and collection of applicable development impact fees; and WHEREAS, a Right-to-Farm covenant is necessary for assurance development use and maintenance does not adversely affect adjoining properties and serving as disclosure to future buyers of inconveniences and discomforts resulting from normal farming activities affecting properties adjoining the development; and
WHEREAS, a landscaping and lighting district (LLD) covenant is necessary for annexing the development into LLD No. 1 and carrying with it requirements of the annexation process and serving as disclosure future buyers of said requirements; and 121
Section 7, Item C.

WHEREAS, a temporary storm drainage covenant is necessary for imposing requirements onto the covenantors for maintenance and future abandonment of said basin; and WHEREAS, acceptance of Lum Family Enterprises right-of-way dedication over a portion of APN 020-160-18S is necessary for construction and future maintenance of California Avenue improvements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:

1. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council.

2. The Final Map for Tract No. 6430, consisting of nine (9) sheets, a copy of which is on file with the City Clerk, is hereby approved and the City Clerk is authorized and directed to provide for the recording of said Final Map subject to requirements set forth in the Subdivision Agreement for Final Map of Tract 6430 (“Subdivision Agreement”).

3. The offers of dedication of easements for public use made on the Final Map for Tract No. 6430 are hereby accepted on behalf of the public unless it is stated on the Final Map that said dedications are subject to acceptance of Owner installed public improvements, subject to complete compliance with Government Code Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation.

4. The Subdivision Agreement between the City of Kerman and WFK Holdings, LLC , and The Boyd Trust dated December 23, 1999, a copy of which is attached hereto as Exhibit ‘1’, is hereby approved and the Mayor is authorized to sign said Agreement. As to the Impact Fees referenced in the Subdivision Agreement as Exhibit ‘B’ thereof, TSM 2023-01 was approved as a Tentative Subdivision Map and not as a Vesting Map. For that reason, the fees to be paid will be those in effect at the time of collection.

5. The Right-to-Farm covenant between the City of Kerman and WFK Holdings, LLC and The Boyd Trust dated December 23, 1999,, a copy of which is attached hereto as Exhibit ‘2’, is hereby approved and the City Manager is authorized to sign said Agreement.

6. The landscaping and lighting district covenant between the City of Kerman and WFK Holdings, LLC and The Boyd Trust dated December 23, 1999,, a copy of which is attached hereto as Exhibit ‘3’, is hereby approved and the City Manager is authorized to sign said Agreement.

7. The temporary storm drainage covenant between the City of Kerman and WFK Holdings, LLC , The Boyd Trust dated December 23, 1999,and Lum Family Enterprises, a copy of which is attached hereto as Exhibit ‘4’, is hereby approved and the Mayor is authorized to sign said Agreement.
122
Section 7, Item C.

8. The Lum Family Enterprises’ offers of dedication of easements for public use, made by separate instrument, a copy of which is attached hereto as Exhibit ‘5’, is hereby accepted on behalf of the public.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of Kerman held on the 13th day of August, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
123
Section 7, Item C.

RIGHT-TO-FARM STATEMENT

THIS MAF' PROVIDES NOTICE TO EACH PURCHASER THAT THERE ARE PRE-EXISTING AGRICUL TUR.AL OPERATIONS ON ADJACENT OR NEIGHBORING PARCELS, AND THAT THESE

AGRICULTURAL OPERATIONS MAY EMIT NOISE, DUST, ODOR, AND MAY OCCASIONALLY USE

FERTILIZERS, PESTICIDES AND HERBICIDES IN THE NORMAL PURSUIT OF AGRICULTURAL OPERATIONS. PURCHASERS OR RESIDENTS OF THIS SUBDIVISION SHALL NOT HAVE THE RIGHT

TO LODGE COMPLAINTS FOR DUST, NOISE, ODOR, OR OTHER DESCRIPTIONS ASSOCIATED WITH THE TRADITIONAL AGRICUL TUR.AL OPERATIONS SO LONG AS THOSE OPERATIONS ARE

CONDUCTED IN ACCORDANCE WITH THE REGULATIONS, RULES AND GUIDELINES OF THE CITY

OF KERMAN, COUNTY OF FRESNO, STATE OF CALIFORNIA, ANO THE UNITED STATES OF

AMERICA

CITY ENGINEER'S STATEMENT

I, JESUS GONZALEZ, CITY ENGINEER OF THE CITY OF KERMAN, DO HEREBY STATE THAT I HAVE

CAREFULLY EXAMINED THIS MAP, THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE

SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP ANO ANY APPROVED ALTERATIONS

THEREOF, ANO THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH.

CITY ENGINEER OF THE CITY OF KERMAN
BY: -,=es-u=s=Go=NZA=c=ez=------R.-C-.E -. ,-,,..­

CITY ENGINEER
DATE: ____________ _

COMMUNITY DEVELOPMENT DIRECTOR STATEMENT

I HEREBY CERTIFY THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE MAP AS CONDITIONALLY APPROVED BY THE PL.ANNING COMMISSION ON JULY 15,2024.

JERRY JONES �

COMMUNITY DEVELOPMENT DIRECTOR

CITY CLERK'S CERTIFICATE
I HEREBY CERTIFY THAT lliE COUNCIL OF lliE CITY OF KERMAN BY THE RESOLUTION ADOPTED °"========' 2025, APPROVED THE WITHIN MAP AND ACCEPTED, ON

BEHALF OF THE PUBLIC, ALL PARCELS OF LAND AND EASEMENTS OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH lliE TERMS OF THE OFFER OF DEDICATION, AND ABANDONED lliE RIGHT OF WAY FOR MODOC AVENUE.

BY: -,=os=,e�c=MtA=c=H=o-- c=rr=v=c,�e=RK ____ _
DATE: ___________ _

RECORDER'S CERTIFICATE
DOCUMENT NO. ________ _
FILED THIS DAY OF=====-
�=- 2025, AT __ _ .M. IN
VOLUME ====,,_OF PLATS AT PAGES_ THROUGH_, INCLUSIVE , FRESNO COUNTY RECORDS, AT THE REQUEST OF LARS ANDERSEN AND ASSOCIATES INC.

FEE:$ ___ _ PAUL DICTOS

FRESNO COUNTY RECORDER
BY:-o.=P-uTY=c=ou-N=TY-RE=c. o=RO-ER ___ _
LARS ANDERSEN AND ASSOCIATES, INC.

CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
4630 WEST JACQUELYN AVENUE SUITE 119 FRESNO, CA 93722
559 276-2790 FAX 559 276-0850 EMAIL LARSANOERSEN.COM
FINAL MAP NO. 6430

WHISPERING FALLS

A PLANNED DEVELOPMENT

IN THE CITY OF KERMAN, COUNTY OF FRESNO, STATE OF CALIFORNIA IN THE SOUTHEAST QUARTER OF SECTION 11 AND NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 17 EAST, M.D.B. ft M.

CONSISTING OF NINE SHEETS

OWNER'S STATEMENT
SHEET 1 OF 9 SHEffi
THE UNDERSIGNED BEING ALL PARTIES HAVING ANY RECORD TITlE INTEREST IN THE LAND

WITHIN THIS SUBDIVISION, HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF

THIS MAP AND OFFER FOR DEDICATION FOR PUBLIC USE THE PARCELS OF LAND AND

EASEMENTS SPECIFIED ON SAID MAP AS INTENDED FOR PUBLIC USE FOR THE PURPOSES SPECIFIED THEREIN.

KENNETH ROBERT BOYD AND SUSAN KAY BOYD,
AS TRUSTEES OF THE BOYD TRUST DATED DECEMBER 23, 1999.

BY·c..KE-NNE_TI<__R
_O_BERT-BO _ =
Y-D _____
TRU_STE-E _
BY·c..__ ____________ _

SUSAN KAY BOYD TRUSTEE

WFK HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY:�
KE_N_B
_OYD __________ MAN
_AG_E__
R

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION ANO IS BASED UPON A FIELD SURVEY IN CONFORMANCE Willi THE REQUIREMENTS OF THE SUBDIVISION MAP ACT ANO LOCAL ORDINANCES AT THE REQUEST OF WHISPERING FALLS DEVELOPMENT LLC, ON JULY 09, 2024. I HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN lliOSE POSITIONS BEFORE DECEMBER 31, 2025, AND lliAT lliE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY

TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

DATED llilS __
DAY OF

DAN ZOLDAK
EXP.09/30126
L.S.9279
2025
DATE

CITY LAND SURVEYOR'S STATEMENT
I, HEREBY STATE THAT I HAVE EXAMINED llilS MAP ANO THAT I AM SATISFIED lliAT lliE MAP IS TECHNICALLY CORRECT.

DATE.D THIS_DAY OF ___ , 2025
DAVID C. HORN L.S. 8204

LEGAL DESCRIPTION
The land referred to herein is situated in the state of Cslifomia, County of Fresno Unincorporated Area and described as follows:

TRACT ONE:

Lot 17 of Bloc:K 11 of Fresno lnigated Farms Co. Trad, in the unincorporated area of the County of Fresno, State of California acoordlng to the map thereof recorded June 24, 1912, in Book 8, Page 1 of Record of Surveys, in the office of the County Recorder of said County.
recorcled
TOGETHER Willi, the Northerly 25.00 feel of that parcel of land granted to the Southern Pacific Railroad Company in the Deed November 16, 1888, In Book 87, Page 157 of Deeds of Fresno County, lying between the Wes1 line of the Northeast quarter of Section 14, Township 14 South, Range 17 East, Mount Dlablo Base and Meridian according to the Official Plat thereof, and the Southerly extension of the West line of Lot 18 of said Fresno Irrigated Fanns Co. Tract, being Parcel 2, in the Deed executed by Union Pacific corporation, Railroad Company, a Delaware COl'p0ration formerly known as Southern Pacific Transportation Company, a Delaware to Kenneth R. Boyd and Susan K. Boyd, as Trustees of the Boyd Trust dated December 23, 1999, said Deed recorded November 29, 2004, as Document No. 2004-0265622, of Official Records.

TOGETHER Willi, that portion of Wast Cslifomla Avenue, as abandoned by Resolution No. 04-76, reoorded July 11, 2006. as Document No. 2006-0144355, of Official Records, Which would pass by operation of Law.

ALSO TOGETHER WITH, all that portion of said land conveyed in the Grant Deed reoorded June 7, 2024, as Document No. 2024-0050304, of Official Records, the land therein being described as follows:

Being e portion of the Northeast quarter of Section 14, Township 14 South, Range 17 East, Mount Dleblo Basa and Meridian, in the unincorporated area of the County of Fresno, State of California according to the Official Plat thereof, l�ng Northerly of the North Right-of-Way line of that certain parcel of land granted to the Southam Pacific Railroad Company by deed recgrded November 16, 1888 in Book 87 at Page 157 of Official Records of Fresno County, and being more particularly desa'ibed as follows:

BEGINNING, at the North quarter comer of said Section 14; Thence, along the North line of the Northeast quarter of said Section 14, North recorcled 89.49'20" East. 1319.72 feet to the Southerly extension of the West line of Lot 16 of the Fresno Irrigated Farms Company Tract in Book 8 of Record of Surveys at Page 1, Fresno County Records; Thence, along said Southerly extension, South 00•45'28" West, 29.70 feet to the North line of said Southern Pacific Railroad Company Right.of-Way, also being the North line of that certain Quitclaim Deed betwnn the Union Pacific Railroad Company and Kenneth R. Boyd as recorded November 29, 2004 as Document No. 2004-0265622 of Offlclal Records of Fresno County: Thence, along the North line of said Southern Pacific Railroad Company Right-of-Way, North g9•59•57• West, 1319.62 feet to the West line of the Northeast quarter of said Section 14; Thence, along said West line of the Northeast quarter of Section 14, North oo•38'13" East, 21.57 lo the POINT OF BEGINNING.

EXCEPTING FROM, that portion tying within said Lot 17, all oil, gas and other hydrocafbon substances In and under said pramlse, TOGETHER WITH, the full right and privilege to the granter, its successors and assigns, to develop and remove the same, as more particulany desaibed therein and also subject to the terms and conditions set forth therein, all as rese!'lled by G. Kerckhoff Company, a California corporation, in the Deed recorded June 13, 1947, in Volume 2533, Pages 185,286 &287 of Official Records, as Document No. 31682.

EXCEPTING FROM, that portion l�ng within the land conveyed by Union Pacific Railroad Company. a Delaware corporation formerly known as Southam Pacific Transportation Company, a Delaware corporation. In the Deed recorded November 29, 2004, as Document No. 2004-0285822, of Official Recon:ls, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including, without limiting the generality of the foregoing, oil and gas and rights thereto, TOGETHER Willi, the sole, exduslve and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to Granter, Its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface of the Property, or to interfere with the use thereof by Grantees the heirs, successors or assigns of said Trust. Except as may be otherwise provided in a written assignment or other written agreement between Granter and Grantees, Granter reserves all Income (including, 'hithout limitation, rentals, IIC91'lse fees and royalties from any existing license and other existing rights to use the Property and renewals thereof) granted by Granter or Grantor's predecessors in interest. Grantees agree that if Grantees receive any such income, Grantees will promptly forward the income to Granter.

EXCEPTING FROM, those portions lying within the Northeast querterof said Section 14, less the Southern Peclflc Railroad right-of-way, all oll, gas and other hydrocarbon substances In and under said premises, TOGETHER WITH, the full right and privilege to the granter, its successors and assigns, to develop and remove the same, as set forth in paragraphs (a), (b), (c) and (d), in said Deed, all as reserved by G. KerckhoffCompany, a California COl'pOnltion, in the Deed recorded January 15, 1945, in Volume 2224, Page 109 of Official Records, as Document No. 2064.

TRACT TWO:

Lot 18 of Block 11 of Fresno Irrigated Farms Co. Trad, in the unincorporated area of the County of Fresno, State of C&lifomia according to the map thereof recorded June 24, 1912, In Book 8, Page 1 of Record of Surveys, In the office of the County Recon::lerof said County.

EXCE.PTING THEREFROM, the South 75 feet of the West 100 feet thereof, as described in the Deed recorded November 21, 1951, in Book 3091, Page 43 of Official Records, as Document No. 61176.

ALSO EXCEPTING THEREFROM, all oil, gas and other hydrocarbon substances In and under salcl premise, TOGETHER WITH, the full right and privilege to the granter, Its successors and assigns, to develop and remove the same, as more particularly described therein and also subject to the terms and conditions set forth therein, all as reserved by G. Kerckhoff Company, a California corporation,in the Deed recorded April 2, 1945, in Volume 2245, Pages 1 &2 of Official Recon:ls, as Document No. 13312.

TRACT THREE:

The South 75 feet of the West 100 feet of Lot 18 of Block 11 of Fresno Irrigated Farms Co. Trad, in the unincorporated area of the County of Fresno, State of California according to the map thereof recorded June 24, 1912, In Book 8, Page 1 of Recon::I of Surveys, in the office of the County Reoorder of said County, as desaibed in the Deed recorded November 21, 1951, in Book 3091, Page 43 of Official Reoords, as Document No. 61176.

EXCEPTING THEREFROM, all oll, gas and other hydrocarbon substancas In and under said premise, TOGETHER WITH, the full right and privilege to the granter, its successors and assigns, to develop and remove the same, as more particularly described therein and recorcled
also subject to the terms and conditions set forth therein, all as resa!'lled by G. Kerckhoff Company. a Cslifomla corporation, In the DHd April 2, 1945, In Volume 2245, Pages 1 &2 of Offlclal Records, es Document No. 13312.

SOILS REPORT CERTIFICATE
A SOILS REPORT PREPARED FOR THIS TRACT BY SALEM ENGINEERING GROUP, INC., SIGNED BY R. SAMMY SALEM. RCE 52762/RGE 2549. DATED JULY 11, 2022 AS REPORT NO. 1-222-0579 HAS BEEN PLACED ON FILE WITH THE CITY OF KERMAN.

SUBDIVISION AGREEMENT NOTE

A MEMORANDUM OF SUBDIVISION AGREEMENT IS RECORDED AS DOCUMENT NO. _____ _ OF OFFICIAL RECORDS OF FRESNO COUNTY.

Attachment 'B'
124
Section 7, Item C.
125
Section 7, Item C.
126
Section 7, Item C.
127
Section 7, Item C.
128
Section 7, Item C.
129
Section 7, Item C.
130
Section 7, Item C.
131
Section 7, Item C.
132
Section 7, Item C.
1 RECORDING REQUESTED BY AND

WHEN RECORDED MAIL
DOCUMENT TO:

CITY OF KERMAN
Attn: Josie Camacho, City Clerk
850 S. Madera Avenue
Kerman, CA 93630
NO FEE – Government Code Sections 6103 and 27383
n Space Above This Line for Recorder’s Use Only

CITY OF KERMAN

SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 6430
133
Section 7, Item C.
2 TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS
A. Definitions.......................................................................................................5 B. Legal Foundation of Agreement .....................................................................6 C. Development Impact Fees...............................................................................6 D. Indemnification ...............................................................................................7 E. Insurance .........................................................................................................8 F. Recording of Final Map and Notice of Completion of Improvements; Installation of Sidewalks and Driveway Approaches ...................................10 G. Bonds and Other Security .............................................................................11 H. Materials and Labor ......................................................................................12 I. Lighting and Landscaping District ...............................................................13 J. Easements .....................................................................................................13 K. Failure of Performance .................................................................................13 L. Time of the Essence ......................................................................................13 M. Covenant Running with Land; Successors and Assigns ...............................13 N. Integration; Incorporation of Documents and Exhibits ................................14 O. Conditions of Approval.................................................................................14 P. Applicable Law and Venue ...........................................................................14 Q. Prevailing Wages ..........................................................................................15 R. Enforcement of Obligations ..........................................................................15 S. Limitations of Legal Acts .............................................................................15 T. Attorneys' Fees and Legal Expenses .............................................................15 U. Waiver ...........................................................................................................16 V. Subordination ................................................................................................16 W. Captions ........................................................................................................16 X. Ambiguities or Uncertainties ........................................................................16 Y. Severability of Provisions .............................................................................16 ARTICLE II. CONSTRUCTION REQUIREMENTS
A. Standard Specifications .................................................................................16 B. Scope of Improvements ................................................................................17 C. Approved Plans .............................................................................................17 D. Time of Performance and Schedule ..............................................................17 E. Compaction and Materials Testing ...............................................................18 F. Codes and Permits.........................................................................................18 G. Coordination of Contractors .........................................................................18 H. Inspection ......................................................................................................18 I. Repair of Damaged Improvements ...............................................................18 J. Dust Control ..................................................................................................19 K. Undergrounding of Utilities; Street Surfacing ..............................................19 L. Street Sweeping ............................................................................................19 M. Preconstruction Meeting ...............................................................................20 N. Building Materials Recycling .......................................................................20 134
Section 7, Item C.
3 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY
EXHIBIT "B" DEVELOPMENT IMPACT FEES

135
Section 7, Item C.
4 CITY OF KERMAN

SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 6430
THIS SUBDIVISION AGREEMENT (the "Agreement") is entered into on this _____ day of _____________ 2025, (the "Effective Date") by and between CITY OF KERMAN, a municipal corporation, hereinafter referred to as "CITY," and WFK Holdings, LLC, a California limited liability company and The Boyd Trust dated December 23, 1999 and hereinafter referred to as "OWNER," without regard for number or gender (individually a "Party," and collectively, the "Parties").

RECITALS
A. OWNER has filed with CITY the Final Map of Tract No. 6430 constituting a proposed division of land (the "Property") owned by OWNER and located within the corporate limits of CITY, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. A copy of said Final Map is on file with the City Clerk.

B. Pursuant to Chapter 16.28 and other applicable provisions of the Kerman Municipal Code, CITY has conducted the appropriate environmental review of the proposed subdivision, the Planning Commission of CITY has determined that the proposed subdivision is consistent with CITY'S General Plan in that the proposed land use is compatible with the objectives, policies, land uses, and programs specified in the General Plan. The City Council of CITY, on September 25, 2024, with the adoption of Resolution No. 24-76, approved Tentative Subdivision Map No. 2023-

01. C. Pursuant to Section 16.36.010 of the Kerman Municipal Code, after approval or conditional approval of the tentative map, the subdivider may cause a final map to be prepared in accordance with a completed survey of the division of land and in substantial compliance with the approved tentative map, and in full compliance with the Subdivision Map Act and Title 16 of the Kerman Municipal Code. The final map shall meet the requirements and specifications set forth in Title 16 and Government Code Sections 66433 to 66450 of the Subdivision Map Act.

D. As a condition precedent to the acceptance and approval of the Final Map, CITY requires the dedication of all areas delineated on the Final Map of Tract No. 6430 for public street and other public purposes consistent with provisions of the Kerman Municipal Code, this Agreement, and Tentative Subdivision Map No. 2023-01.

E. OWNER is required to enter this Agreement with City whereby OWNER agrees to do, perform, and complete the work and matters required as Conditions of Approval for Tentative Subdivision Map No. 2023-01 in accordance with Kerman Municipal Code 16.04.020 and Government Code Sections 66462 and 66462.5 of the Subdivision Map Act within the time specified in this Agreement.

F. OWNER is required to construct and install Improvements (defined below), including sewer; water; storm drainage; concrete curbs, gutters, sidewalks and driveway 136
Section 7, Item C.
5 approaches; street lighting; street paving; walls and fences; landscaping; irrigation; traffic signals; and other improvements; and perform grading; all as shown on the Improvement Plans for Tract No. 6430, prepared by Lars Andersen & Associates, the engineer of record for Tract No. 6430, and approved by CITY, which Improvement Plans are on file with the City Engineer.

G. OWNER desires to develop the Property by constructing and installing the Improvements and performing said work consistent with the Improvement Plans.

AGREEMENT
In consideration of the foregoing Recitals, which are made a substantive part of this Agreement, and for other good and valuable consideration, including approval of the Final Map of Tract No. 6430 by CITY, and the recording thereof as provided by law, the receipt and adequacy of which are hereby acknowledged, OWNER and CITY do hereby mutually agree as follows:

ARTICLE I. GENERAL PROVISIONS
A. DEFINITIONS
Wherever hereinafter used in this Agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning:

1. "City Clerk" shall mean the City Clerk of CITY, or his or her duly authorized representative.

2. "City Council" shall mean the City Council of the CITY.

3. "City Engineer" shall mean the City Engineer of CITY, or his or her duly authorized representative.

4. “Inspector” shall mean the City Engineer of CITY, or his or her duly authorized representative.

5. "Development Impact Fees" shall mean the development impact fees set forth in Exhibit "B" of this Agreement.

6. "Final Acceptance of Improvements" shall mean acceptance of the Improvements (defined below), with the exceptions provided in Section F.3, by CITY.

7. "Final Map" shall mean the Final Map of Tract No. 6430 as being divided into parcels, including street areas of adjacent existing public streets to the center lines thereof.

8. "Improvements" shall mean all works of improvement, including those depicted on or required by the Improvement Plans (defined below) and the provisions of this Agreement, and may include, but not necessarily be limited to, sewer, water, street pavement, storm drainage, street lighting, concrete, fence, landscape, irrigation, grading, and traffic signal improvements.
137
Section 7, Item C.
6 9. "Improvement Plans" shall mean the Improvement Plans for the Final Map approved by CITY and on file with the City Engineer.

10. "Planning Commission" shall mean the Planning Commission of CITY.

11. "Standard Specifications" shall mean CITY'S Standard Specifications, including attached details and amendments thereto.

12. "Subdivision" shall mean the Final Map and/or the land described by the Final Map.

13. “Tentative Subdivision Map No. 2023-01" shall mean the Tentative Subdivsion Map of Tract No. 6430 approved by the City Council, with its adoption of Resolution No. 24-76, on September 25, 2024.

B. LEGAL FOUNDATION OF AGREEMENT
This Agreement is entered into pursuant to California Government Code Section 66410 et seq. (the "Subdivision Map Act") and Title 16, Subdivisions, of the Kerman Municipal Code. The provisions of this Agreement and the Improvements to be constructed and installed pursuant to the requirements of the Subdivision Map Act, the Kerman Municipal Code, and this Agreement are necessary and proper to safeguard and serve the public health, safety and welfare.

C. DEVELOPMENT IMPACT FEES

1. Impact Fees. OWNER and CITY hereby agree that OWNER is obligated to pay Development Impact Fees for sewer and water, storm drainage, parks, and other public facilities as shown in Exhibit "B" attached hereto and incorporated herein by reference. In addition, OWNER agrees that OWNER is obligated to pay plan check, inspection, grading permit, building permit, encroachment permit, and similar fees as required under the Kerman Municipal Code, CITY resolutions, and other applicable law.

The fees set out in Exhibit "B" are based upon the development of the number of residential units presently proposed by OWNER. If a different number of residential units is developed, CITY reserves the right to adjust the amount of the fees to correspond to the number of residential units actually developed by OWNER, and OWNER agrees that OWNER shall be obligated to pay fees corresponding to the number of residential units OWNER, or its successors, actually develops.

Fees set forth in Exhibit "B," Part I, shall be due and payable for each residential unit on the date of final inspection or the date certificate of occupancy is issued, whichever is issued first, for each residential unit unless otherwise agreed by Owner and CITY. If said fees are not paid in full at the time of the issuance of a building permit, OWNER shall enter into a covenant consistent with Government Code section 66007(c), and in a form acceptable to the CITY, to pay said fees. Such covenant shall be recorded against the property for which the building permit is being issued, and shall constitute a lien on the property for the unpaid fee. Owner shall be 138
Section 7, Item C.
7 responsible for the costs of the same, including reimbursing CITY for its actual costs of processing, and subsequently releasing, the covenant. If OWNER instead elects to pay said fees at the time of issuance of a building permit, then no covenant will be required.

OWNER agrees that the fee amounts set forth in Exhibit "B" are based upon the best information available upon the Effective Date of this Agreement, and that the final fee amounts may be greater or less than the amounts set forth in Exhibit "B" due to adjustments in construction costs, testing and inspection, or other unforeseen events. Final fee amounts, regarding each residential unit, will be determined by CITY prior to issuance of an occupancy permit for each residential unit.

2. Impact Fee Adjustments. CITY agrees to the fee adjustments set forth in Exhibit "B," Part II, provided that OWNER constructs and installs the Improvements described in Exhibit "B," Part II. In the event OWNER fails to construct any of the Improvements described in Exhibit "B," Part II, on or before the "Completion of all Improvements" date, as set forth in Article II, Section D, of this Agreement, or any agreed extension of such date, CITY, in its sole discretion, and in addition to any other remedy provided in this Agreement or by law, may enter the Subdivision and construct or complete construction of the Improvements. In such event, CITY shall determine whether OWNER shall pay the construction cost or fee prevailing at the time of construction, and CITY will pursue reimbursement from OWNER, or from securities held to secure the performance of this Agreement. In addition, OWNER hereby consents to the recordation of a lien or liens against the Subdivision in an amount to secure reimbursement to CITY for amounts expended to enforce this Agreement, including, but not limited to, the costs incurred to construct the Improvements designated in this Agreement.

3. Impact Fee Reimbursements. Where OWNER has constructed facilities, or paid CITY for the construction of facilities that are over-sized, or that are constructed as masterplanned facilities that are not primarily for the benefit of OWNER or the Subdivision, OWNER shall be eligible to receive reimbursement as indicated in Exhibit "B," Part II, from development impact fee funds, subject to availability of such funds. The source of the reimbursement shall be selected by CITY, but in no event shall CITY be responsible for reimbursement from any source or sources other than the source or sources identified in this paragraph.

D. INDEMNIFICATION
To the greatest extent permitted by law, OWNER shall indemnify, hold harmless, and defend CITY and its officers, officials, agents, employees, consultants and volunteers from any and all claims, demands, costs, losses, damages, or liability whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage incurred by CITY, OWNER, or any other person, and from any and all claims, demands and actions in law or equity (including attorneys' fees, litigation, and legal expenses incurred by CITY or held to be the liability of CITY, including plaintiff's or petitioner's attorneys' fees if awarded in connection with CITY'S defense of its actions in any proceeding) arising or alleged to have arisen directly or indirectly from (a) the performance of, or in any way connected with, this Agreement; (b) the performance or installation of the work or Improvements by OWNER and its principals, officers, employees, agents, contractors and subcontractors; (c) the design, installation, operation, removal or maintenance of the work and Improvements; or (d) CITY'S approval of the design, 139
Section 7, Item C.
8 installation, operation, removal or maintenance of the work and Improvements, save and except for the sole negligence of CITY. Pursuant to Government Code Section 66474.9, OWNER shall defend, indemnify, and hold harmless CITY and its officers, officials, agents, employees, consultants and volunteers from any claim, action or proceeding against CITY and its officers, officials, agents, employees, consultants and volunteers to attack, set aside, void, or annul, an approval of CITY, the Planning Commission, or the City Council concerning the Subdivision or this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. The Parties intend that this indemnity provision shall be broadly construed to the greatest extent permitted by law.

E. INSURANCE
Throughout the life of this Agreement, OWNER shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by CITY’s Risk Manager. The following policies of insurance are required:

1. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than $3,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $3,000,000 aggregate for products and completed operations, and $5,000,000 general aggregate.

2. COMMERCIAL AUTOMOBILE LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Section 1, subsection A.1 entitled “Any Auto”), with combined single limits of liability of not less than $3,000,000 per accident for bodily injury and property damage.

3. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to the respective person's profession (applicable only to those subcontractors who are providing Professional Services to OWNER), with limits of liability of not less than $1,000,000 per claim/occurrence and $2,000,000 policy aggregate.

4. WORKERS' COMPENSATION insurance as required under the California Labor Code.

5. EMPLOYERS’ LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. 140
Section 7, Item C.
9 OWNER shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and OWNER shall also be responsible for payment of any self-insured retentions.

The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of CITY of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, OWNER shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, OWNER shall file with CITY a new certificate and all applicable endorsements for such policy(ies).

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name CITY, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so OWNER’s insurance shall be primary and no contribution shall be required of CITY. In the event claims-made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement.

Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers.

OWNER shall have furnished CITY with the certificate(s) and applicable endorsements for ALL required insurance prior to CITY's execution of the Agreement.

OWNER shall furnish CITY with copies of the actual policies upon the request of CITY Attorney or the CITY Clerk at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

The fact that insurance is obtained by OWNER or his/her/its subcontractors shall not be deemed to release or diminish the liability of OWNER or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by OWNER or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of OWNER, its principals, officers, agents, employees, persons under the supervision of OWNER, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them.

If at any time during the life of the Agreement or any extension, OWNER fails to maintain the required insurance in full force and effect, the CITY may order that OWNER, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to OWNER shall be withheld until notice is received by CITY 141
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10 that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement.

If OWNER should subcontract all or any portion of the services to be performed under this Agreement, OWNER shall require each subcontractor to provide insurance protection in favor of CITY, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with OWNER and CITY prior to the commencement of any work by the subcontractor.

F. RECORDING OF FINAL MAP AND NOTICE OF COMPLETION OF
IMPROVEMENTS; INSTALLATION OF SIDEWALKS AND DRIVEWAY

APPROACHES

1. Final Map. The offers of dedication of lands, rights-of-way, or easements made on the Final Map shall remain open and will not be accepted by CITY until the City Council accepts the Improvements and authorizes the recording of the Notice of Completion with the Fresno County Recorder. CITY may accept such offers in its sole discretion at any later date without further notice to OWNER.

2. Notice of Completion of Improvements. The conditions and obligations of this Agreement shall remain in full force and effect until such time as the CITY issues a written release finding that the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Fresno County Recorder. Until Final Acceptance of Improvements, and acceptance of any lands, rights of way, and easements, OWNER shall be responsible to maintain the Improvements in a safe condition and good repair. OWNER agrees that the use of any or all Improvements specified in this Agreement shall be, at all times prior to Final Acceptance of Improvements, at the sole and exclusive risk of OWNER, and the issuance of any occupancy permit by CITY for any dwelling unit completed on a Subdivision lot shall not be construed in any manner to constitute Final Acceptance of Improvements. Upon Final Acceptance of Improvements, CITY shall cause a Notice of Completion of the Improvements to be recorded in the Official Records of the County of Fresno.

3. Installation of Sidewalks, Driveway Approaches, and Street Trees.

OWNER agrees to construct and install concrete sidewalks and driveway approaches and install street trees incrementally, excepting sidewalks and street trees along boundary streets and nonresidential lots, upon the completion of each dwelling unit on each Subdivision lot. Sidewalks and street trees along boundary streets and non-residential lots shall be installed prior to Final Acceptance of Improvements. The City Engineer shall determine which segments of sidewalk and street trees shall be installed prior to Final Acceptance of Improvements. CITY agrees to Final Acceptance of Improvements and a Notice of Completion of Improvements, absent concrete sidewalks and driveway approaches. OWNER and CITY agree that CITY may withhold the certificate of occupancy for a dwelling unit constructed on a Subdivision lot until the concrete sidewalk and driveway approach associated with the lot are completed by OWNER to the satisfaction of the City Engineer.
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11 G. BONDS AND OTHER SECURITY
Prior to the City Council's approval of the Final Map, or unless otherwise indicated, OWNER shall furnish to CITY performance guarantees as provided herein. Bonds or other security instruments shall be maintained in full force and effect during the term of this Agreement and may be released, in whole or in part, only upon the written approval of the CITY, whose actions shall be reasonable and consistent with the provisions of this Agreement. OWNER shall provide the following as security:

1. Performance Security. OWNER shall provide to CITY performance security in the amount of Three Million One Hundred and Sixty-Four Thousand Nine Hundred and Forty-Eight dollars ($3,164,948), which amount is equal to one hundred percent (100%) of the estimated total cost of the Improvements, as approved by the City Engineer. Said performance security shall be in the form of (a) a bond, issued by a surety authorized to conduct business in the State of California; (b) an irrevocable letter of credit issued by a bank authorized to conduct business in the State of California and insured by the Federal Deposit Insurance Corporation; (c) cash; or (d) other security acceptable to CITY. All required securities must be in a form approved by CITY'S attorney.

2. Payment Security. OWNER shall provide to CITY payment security in the amount of One Million Five Hundred and Eighty-Two Thousand Four Hundred and Seventy-Four dollars ($1,582,474), which amount is equal to fifty percent (50%) of the estimated total cost of the Improvements, as approved by the City Engineer. Said payment security shall be in the form of (a) a bond, issued by a surety authorized to conduct business in the State of California; (b) an irrevocable letter of credit issued by a bank authorized to conduct business in the State of California and insured by the Federal Deposit Insurance Corporation; (c) cash; or (d) other security acceptable to CITY. All required securities must be in a form approved by CITY'S attorney.

3. Warranty Security. OWNER shall remedy any defective work, labor or materials related to the Improvements, and shall pay CITY for any damage to the Improvements resulting therefrom, which occurs within a period of one (1) year from the date of Final Acceptance of Improvements. To insure OWNER complies with its obligations hereunder, upon Final Acceptance of Improvements, OWNER shall provide to CITY warranty security in the amount of Three Hundred and Sixteen Thousand Four Hundred and Ninety-Five dollars ($316,495), twenty percent (20%) of which shall be in the form of cash deposited with CITY prior to final inspection of the Improvements by the City Engineer and Final Acceptance of the Subdivision by CITY. The balance of the warranty security shall be in the form of (a) a bond, issued by a surety authorized to conduct business in the State of California; (b) an irrevocable letter of credit issued by a bank authorized to conduct business in the State of California and insured by the Federal Deposit Insurance Corporation; (c) cash; or (d) other security acceptable to CITY. All required securities must be in a form approved by CITY'S attorney. The warranty security shall be released to OWNER, less any amount required to be used for fulfillment of the warranty, one (1) year after Final Acceptance of Improvements.

4. Cash Deposit to Secure Durable Monuments. OWNER shall deposit with CITY the amount of Two Thousand Dollars ($2,000.00) in cash as security for placing all durable 143
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12 monuments as specified by Kerman Municipal Code Sections 16.36.090 and 16.52.010. CITY shall release such cash deposit to OWNER upon determination by the City Engineer that OWNER has satisfied the provisions of Kerman Municipal Code Sections 16.36.090 and 16.52.010.

5. Cash Deposit to Secure Penalties. OWNER shall deposit with CITY the amount of Five Thousand Dollars ($5,000.00) in cash to be drawn against by CITY for recovering costs resulting from any failure, as described below, on the part of OWNER. Upon determination by the City Engineer that OWNER has satisfactorily completed and/or complied with the matters described below, CITY shall release such cash deposit, or any portion thereof remaining, to OWNER.
a. Failure by OWNER to obtain an encroachment permit prior to beginning construction within CITY right-of-way shall cause CITY to draw a penalty of One Hundred Fifty Dollars ($150.00).
b. Failure by OWNER to comply with any of the completion dates set forth in this Agreement shall cause CITY to draw a penalty of One Hundred Fifty Dollars ($150.00) for every day OWNER is not in compliance with a completion date; provided, however, that CITY has not granted an extension in writing of the relevant completion date. c. OWNER shall meet with CITY at a preconstruction meeting, at which time OWNER shall receive a list of required inspections. OWNER or its authorized representative or agent shall contact CITY and request an inspection twenty-four (24) hours in advance thereof. OWNER'S failure to do so shall cause CITY to draw a penalty of One Hundred Fifty Dollars ($150.00) for each occurrence. Said penalty shall not release OWNER from responsibility to obtain inspection and approval of any work by CITY. d. In the event CITY is required to re-inspect work that failed a CITY inspection or that was not ready for inspection when an inspection was called for by OWNER or its authorized representative or agent, CITY shall draw a penalty of One Hundred Fifty Dollars ($150.00) for the first time the same work must be re-inspected, and an additional One Hundred Dollars ($100.00) for each additional re-inspection thereafter of the same work. e. Failure by OWNER to provide street sweeping services as set forth in this Agreement shall cause CITY to draw a penalty equal to the actual cost incurred by the CITY to remedy non-compliance by Owner.
f. Failure by OWNER to provide dust control as set forth in this Agreement shall cause CITY to draw a penalty equal to the actual cost incurred by the CITY to remedy non-compliance by OWNER.

H. MATERIALS AND LABOR
OWNER and its contractors and subcontractors shall pay for any materials, provisions and other supplies or items used in, upon, for or about the performance of the work contracted to be done pursuant to this Agreement, and for any work or labor thereon of any kind and for amounts due under the California Unemployment Insurance Code (Stats. 1953, Ch. 308) with respect to 144
Section 7, Item C.
13 such work or labor, and shall file with CITY, pursuant to California Labor Code Section 3800, a valid workers' compensation insurance certificate, and shall maintain a valid policy of workers' compensation insurance for the duration of the period of construction, or provide under penalty of perjury a satisfactory demonstration of exemption from coverage.

I. LIGHTING AND LANDSCAPING DISTRICT
OWNER agrees to complete annexation to or establishment of a landscaping and lighting district pursuant to the Landscaping and Lighting Act of 1972, as amended (California Streets and Highways Code Section 22500 et seq.), and to maintain lighting and publicly landscaped areas until the Final Acceptance of Improvements.

J. EASEMENTS
OWNER shall grant CITY an easement for maintenance, repair or reconstruction of any water main or sewer main or other CITY-operated improvement which is constructed outside a dedicated public street.

K. FAILURE OF PERFORMANCE
In addition to any other remedies provided in this Agreement or by law, in the event OWNER fails to perform one or more of the covenants or conditions of this Agreement, CITY shall have recourse to the security given to guarantee the performance of such acts. CITY may do, or cause to be done, those acts required of OWNER, and shall have recourse against so much of the security as is necessary to discharge the responsibility of OWNER. In the event CITY seeks recourse against a security, CITY shall also have recourse against OWNER for any and all amounts necessary to complete the obligations of OWNER in the event the security is insufficient to pay such amounts. All administrative costs, including reasonable attorneys' fees pursuant to Government Code Section 66499.4 incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and OWNER.

L. TIME OF THE ESSENCE
The work and improvements required under this Agreement shall be performed on or before completion date set forth in Article II, Section D. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the Parties hereto, their successors and assigns.

M. COVENANT RUNNING WITH LAND; SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective Parties. This Agreement shall be recorded in the Official Records of the County of Fresno concurrent with the recording of the Final Map, and shall constitute a covenant running with the land and an equitable servitude upon the Subdivision. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and OWNER.

No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by OWNER without the written consent of CITY. Successors in Interest to any portion of the Subject Property shall comply with all terms and conditions of this Agreement. In particular, they shall provide all required insurance, bonds, and security to the City for that portion of any remaining Improvements which may yet to be completed at time of transfer. 145
Section 7, Item C.
14 Said insurance, bonds, and security must be provided to the City within 30 days of obtaining a fee interest in a portion of the Subject Property.

Additionally, the following covenants affect development of Subject Property: 1) right to farm 2) temporary stormwater detention basin 3) lighting and landscape district no. 1.

N. INTEGRATION; INCORPORATION OF DOCUMENTS AND EXHIBITS Each Party acknowledges that it has read and fully understands the contents of this Agreement. This Agreement represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral, and includes all documents referenced herein, including Exhibit "A," Legal Description of Property, and Exhibit "B," Development Impact Fees. The Final Map has been recorded separately, and a copy thereof is on file with the City Clerk.

O. CONDITIONS OF APPROVAL
OWNER shall comply with all conditions of approval set forth in Resolution No. 24-76, adopted by the City Council on September 25, 2024, the Standard Specifications, and the notes and requirements set forth on the Final Map, all of which are on file with the City Clerk.

OWNER has requested to defer submittals of landscape improvement plans and sewer lift station plans to a future date, following recordation of the final map. OWNER shall obtain City Engineer approval of stated plans prior to City issuance of any building permits.

OWNER is responsible for vacation of an existing 30-foot wide PG&E easement across proposed lots 8, 9, 23 to 28, 103 to 111 and 119 of the approved tentative map. OWNER shall provide documentation of easement vacation, to the satisfaction of the City, prior to issuance of any building permits.

P. APPLICABLE LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. In performing the obligations set forth in this Agreement, OWNER shall comply with applicable laws, regulations, and rules of all local, State and federal governmental agencies having jurisdiction, including, without limitation, applicable federal and State labor standards and environmental laws and regulations. OWNER shall comply with the codes and ordinances of CITY including the Kerman Municipal Code and CITY'S building codes, as well as all regulations of the North Central Fire Protection District. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 146
Section 7, Item C.
15 Q. PREVAILING WAGES
OWNER shall:

1. Pay, and cause its contractors and subcontractors to pay, prevailing wages for the construction of those specific Improvements for which OWNER receives credits or reimbursements, if any, identified in Exhibit "B," and those Improvements, if any, that are "public works" under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a)

2. Comply with any applicable provisions of California Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. OWNER shall, and shall cause its contractors and subcontractors to, keep and retain such records as are necessary to determine that prevailing wages have been paid as may be required by law. During the construction of the Improvements, if any, that are public works, OWNER shall, and shall cause its contractors to, post at the Property the applicable prevailing rates of per diem wages. As required by Article I, Section D of this Agreement, OWNER shall indemnify, hold harmless and defend (with counsel reasonably acceptable to CITY) CITY against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including OWNER, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of Improvements, if any, that are public works.

R. ENFORCEMENT OF OBLIGATIONS
CITY may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.

S. LIMITATIONS OF LEGAL ACTS
Except as provided in Article I, Section T of this Agreement, in no event shall CITY, or its officers, officials, agents, employees, consultants and volunteers, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed OWNER'S sole legal remedy for breach or violation of this Agreement by CITY shall be a legal action in mandamus, specific performance, or other injunctive or declaratory relief to enforce the provisions of this Agreement.

T. ATTORNEYS' FEES AND LEGAL EXPENSES
In the event either Party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing Party in such proceeding or action shall be entitled to recover from the other Party its reasonable attorneys' fees and legal expenses.

For purposes of this Agreement, "attorneys' fees" and "legal expenses" include, without limitation, paralegal fees and expenses, attorney and consultant fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing Party's attorneys in the course of the representation of the prevailing Party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees.
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16 U. WAIVER
The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provision of this Agreement may be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

V. SUBORDINATION
OWNER hereby warrants that any and all Parties having record title interest in the Final Map which may ripen into a fee have subordinated to this Agreement and all such instruments of subordination, if any, are attached hereto and made a part of this Agreement.

W. CAPTIONS
Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of this Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.

X. AMBIGUITIES OR UNCERTAINTIES
Any ambiguity or uncertainty herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of this Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code Section1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.

Y. SEVERABILITY OF PROVISIONS
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.

ARTICLE II. CONSTRUCTION REQUIREMENTS
A. STANDARD SPECIFICATIONS
All of the Improvements and work and materials shall be performed, installed and provided in strict accordance with the Standard Specifications, which are incorporated herein by this reference as though set forth in full . All of said work and improvements shall also comply with the requirements of the Kerman Municipal Code. In the event there is not a Standard Specification applicable to the Improvements or work or materials, or any portion thereof, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Department of Transportation. All of the Improvements 148
Section 7, Item C.
17 and work and materials shall be done, performed and installed under the supervision of the City Engineer, under whose directions the work shall be inspected as it progresses. Until Final Acceptance of Improvements, OWNER shall give prominent and adequate warning to the public of each and every dangerous condition that may exist in the Subdivision, and shall take all reasonable actions to protect the public from any such dangerous condition.

B. SCOPE OF IMPROVEMENTS
The work and Improvements, including those depicted on or required by the Improvement Plans, which may include sewer, water, street, storm drainage, street lighting, landscape, irrigation, grading, and traffic signal plans, as well as plans required by the Conditions of Approval, are incorporated herein by reference and made a part of this Agreement.

C. APPROVED PLANS
Notwithstanding CITY'S approval of the Improvement Plans, and that completion of the work and other acts are subject to approval of CITY, it is understood and agreed that any approval hereof by CITY shall in no way relieve OWNER of satisfactorily performing said work or its obligations hereunder. OWNER agrees to perform and construct all work and improvements shown on the approved plans on file in the office of the City Engineer.

D. TIME FOR PERFORMANCE AND SCHEDULE
The work and improvements required by the Conditions of Approval shall be performed on or before the Date of Completion set forth below. OWNER shall perform the work and Improvements to the satisfaction of the City Engineer. OWNER understands and agrees that the following schedule of work is intended to provide a guideline as to diligent prosecution of the work under this Agreement. OWNER agrees to the following construction schedule:

Date of Completion

1. Grading ............................................................. 1/30/26

2. Sewer Facilities ................................................. 3/30/26

3. Water Facilities ................................................. 5/30/26

4. Street Improvements ......................................... 6/30/26

5. Completion of all Improvements ......................... 12/31/26 If the construction of the Improvements shall be delayed without the fault of OWNER, the time for completion thereof may be extended by CITY, in writing signed by the City Manager of CITY, for such period of time as CITY may deem reasonable. However, CITY reserves the right to withhold issuance of a certificate of occupancy for any dwelling unit constructed within the Subdivision prior to Final Acceptance of Improvements. Without limitation of the foregoing sentence, it is agreed that CITY shall have the right to determine whether to issue or withhold a certificate of occupancy if there is then existing a breach or failure to properly perform the obligations of this Agreement, or if issuance of a certificate of occupancy would not serve the public health, safety or welfare. Concrete curbs and gutters, the sanitary sewer system and house connections, storm drainage pipeline and structures, together with water mains, gas mains and their respective service connections and all other underground services or facilities, shall be completed before starting the street surfacing.
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18 E. COMPACTION AND MATERIALS TESTING
Compaction and soils tests shall be paid for by OWNER, and OWNER shall contract with the soils laboratory directly. Street and utility trench tests shall be taken in varying locations, depths, and frequencies as required and directed by the City Engineer. Compaction of soils shall meet all CITY requirements.

F. CODES AND PERMITS
OWNER shall comply with all ordinances and codes of CITY, and shall secure an encroachment permit from CITY and submit to CITY evidence of insurance required by the encroachment permit before commencing work within any CITY right-of-way or property.

OWNER shall install the Improvements in accordance with Kerman Municipal Code Chapter

16.40, Improvement Standards; the Standard Specifications; applicable standards and specifications of the State of California, Department of Transportation; and the Improvement Plans.

G. COORDINATION OF CONTRACTORS
It shall be the responsibility of OWNER to coordinate all work done by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall CITY be placed in the position of making decisions that are the responsibility of OWNER. It shall further be the responsibility of OWNER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of OWNER to timely notify the City Engineer may cause delay for which OWNER shall be solely responsible.

H. INSPECTION
Whenever OWNER varies the period during which work is carried on each day, OWNER shall give due notice to the Inspector so that proper inspection may be provided. Any work done in the absence of the Inspector will be subject to rejection. The inspection of the work shall not relieve OWNER of its obligations to satisfy this Agreement. Defective work shall be made good, and unsuitable materials will be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Inspector and accepted by CITY.

I. REPAIR OF DAMAGED IMPROVEMENTS
Any damage to the water or sewer systems, concrete work, street paving, or other facilities and improvements constructed in connection with this Agreement that occurs after installation and prior to Final Acceptance of Improvements shall be repaired by OWNER to the satisfaction of the City Engineer before Final Acceptance of Improvements and release of security. CITY may, at its sole option, perform such repair or replacement if OWNER has failed to commence such repair within twenty (20) days after CITY has mailed to OWNER and OWNER'S surety written notice of the need for repairs or replacement. In such event, OWNER agrees to pay the cost of such repair and replacement by CITY, and CITY may recover such cost as a lien against the Subdivision. If CITY determines that public safety requires repairs or replacements to be made 150
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19 before OWNER or surety can be notified, CITY may complete such repairs or replacements and recover the costs thereof as provided above.

J. DUST CONTROL
Adequate dust and mud control shall be maintained by OWNER on all streets within and without the Subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the Subdivision. Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall forthwith give notice to OWNER to comply with the provision of this paragraph. Such notice may be personally served upon OWNER or, if OWNER is not an individual, upon any person who has signed this Agreement on behalf of OWNER or a superintendent or foreman of OWNER'S or OWNER'S contractor or subcontractor at the Subdivision, or, at the election of the City Engineer, such notice may be mailed to OWNER at OWNER'S address on file with the City Engineer. If, within twenty-four (24) hours after such personal service of such notice, or within forty-eight (48) hours after the mailing thereof as herein provided, OWNER shall not have commenced work to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled, as he may deem advisable, to eliminate the scattering of dust, by equipment and personnel of CITY or by contract as the City Engineer shall determine, and CITY may deduct the cost thereof from any deposits which OWNER has placed with CITY. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion of work, and adequate dust control shall be maintained during these operations.

K. UNDERGROUNDING OF UTILITIES; STREET SURFACING
OWNER agrees that all existing overhead utilities within the boundaries of the Subdivision, and on adjacent streets to the centerlines thereof, shall be replaced or relocated in underground installations. All new utilities shall be underground and all work shall be completed before installation of street surfacing.

L. STREET SWEEPING
OWNER shall pay for sweeping of streets within the Subdivision following installation of street paving, and all boundary streets throughout the course of construction of Improvements, prior to Final Acceptance of Improvements. CITY may provide such street sweeping services at its sole discretion and convenience. OWNER shall keep streets and gutters free of any mud, debris or materials. If OWNER fails to maintain streets in such condition which allows sweeping, CITY may remove any debris and deduct the cost thereof from any deposits which OWNER has placed with CITY.
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20 M. PRECONSTRUCTION MEETING
OWNER agrees to meet with CITY at a preconstruction meeting. OWNER'S contractors and subcontractors for public improvements shall be required to attend the preconstruction meeting. Failure to do so shall draw a penalty of $150.00 per contractor and sub-contractor, and stoppage of work until a preconstruction meeting is held.

N. BUILDING MATERIALS RECYCLING
OWNER agrees to participate in any building materials recycling program as directed by CITY. Participation shall also be required by all of OWNER'S contractors and sub-contractors for both public improvements and home construction, to fullest extent possible. (Signatures on Next Page)

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Section 7, Item C.
21 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement on the day and year first above written.

CITY: OWNER:

CITY OF KERMAN, WFK Holdings, LLC, a California limited liability company
By: By:

Maria Pacheco Ken Boyd, Manager
Mayor
The Boyd Trust dated December 23, 1999
Attest:

By:

Kenneth Robert Boyd, Trustee for the
Boyd Trust dated December 23, 1999

Josie Camacho By:

City Clerk Susan Kay Boyd, Trustee for the Boyd
Trust dated December 23, 1999
Approved as to Form: (Attach Notary Acknowledgements)

Hilda Cantú Montoy
City Attorney
Approved as to Engineering Content:

Jesus A. Gonzalez
City Engineer
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Section 7, Item C.
22 EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
Tract No. 6430
TRACT ONE:

Lot 17 of Block 11 of Fresno Irrigated Farms Co. Tract, in the unincorporated area of the County of Fresno, State of California according to the map thereof recorded June 24, 1912, in Book 8, Page 1 of Record of Surveys, in the office of the County Recorder of said County.

TOGETHER WITH, the Northerly 25.00 feet of that parcel of land granted to the Southern Pacific Railroad Company in the Deed recorded November 16, 1888, in Book 87, Page 157 of Deeds of Fresno County, lying between the West line of the Northeast quarter of Section 14, Township 14 South, Range 17 East, Mount Diablo Base and Meridian according to the Official Plat thereof, and the Southerly extension of the West line of Lot 16 of said Fresno Irrigated Farms Co. Tract, being Parcel 2, in the Deed executed by Union Pacific Railroad Company, a Delaware corporation formerly known as Southern Pacific Transportation Company, a Delaware corporation, to Kenneth R.

Boyd and Susan K. Boyd, as Trustees of the Boyd Trust dated December 23, 1999, said Deed recorded November 29, 2004, as Document No. 2004-0265622, of Official Records.

TOGETHER WITH, that portion of West California Avenue, as abandoned by Resolution No. 04-76, recorded July 11, 2006, as Document No. 2006-0144355, of Official Records, which would pass by operation of Law.

ALSO TOGETHER WITH, all that portion of said land conveyed in the Grant Deed recorded June 7, 2024, as Document No. 2024-0050304, of Official Records, the land therein being described as follows:

Being a portion of the Northeast quarter of Section 14, Township 14 South, Range 17 East, Mount Diablo Base and Meridian, in the unincorporated area of the County of Fresno, State of California according to the Official Plat thereof, lying Northerly of the North Right-of-Way line of that certain parcel of land granted to the Southern Pacific Railroad Company by deed recorded November 16, 1888 in Book 87 at Page 157 of Official Records of Fresno County, and being more particularly described as follows:

BEGINNING, at the North quarter corner of said Section 14; Thence, along the North line of the Northeast quarter of said Section 14, North 89°49'20" East, 1319.72 feet to the Southerly extension of the West line of Lot 16 of the Fresno Irrigated Farms Company Tract recorded in Book 8 of Record of Surveys at Page 1, Fresno County Records; Thence, along said Southerly extension, South 00°45'28" West, 29.70 feet to the North 154
Section 7, Item C.
23 line of said Southern Pacific Railroad Company Right-of-Way, also being the North line of that certain Quitclaim Deed between the Union Pacific Railroad Company and Kenneth R. Boyd as recorded November 29, 2004 as Document No. 2004-0265622 of Official Records of Fresno County; Thence, along the North line of said Southern Pacific Railroad Company Right-of-Way, North 89°59'57" West, 1319.62 feet to the West line of the Northeast quarter of said Section 14; Thence, along said West line of the Northeast quarter of Section 14, North 00°38'13" East, 21.57 to the POINT OF BEGINNING.

EXCEPTING FROM, that portion lying within said Lot 17, all oil, gas and other hydrocarbon substances in and under said premise, TOGETHER WITH, the full right and privilege to the grantor, its successors and assigns, to develop and remove the same, as more particularly described therein and also subject to the terms and conditions set forth therein, all as reserved by G. Kerckhoff Company, a California corporation, in the Deed recorded June 13, 1947, in Volume 2533, Pages 185, 286 & 287 of Official Records, as Document No. 31682.

EXCEPTING FROM, that portion lying within the land conveyed by Union Pacific Railroad Company, a Delaware corporation formerly known as Southern Pacific Transportation Company, a Delaware corporation, in the Deed recorded November 29, 2004, as Document No. 2004-0265622, of Official Records, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including, without limiting the generality of the foregoing, oil and gas and rights thereto, TOGETHER WITH, the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface of the Property, or to interfere with the use thereof by Grantees the heirs, successors or assigns of said Trust. Except as may be otherwise provided in a written assignment or other written agreement between Grantor and Grantees, Grantor reserves all income (including, without limitation, rentals, license fees and royalties from any existing license and other existing rights to use the Property and renewals thereof) granted by Grantor or Grantor's predecessors in interest. Grantees agree that if Grantees receive any such income, Grantees will promptly forward the income to Grantor.

EXCEPTING FROM, those portions lying within the Northeast quarter of said Section 14, less the Southern Pacific Railroad right-of-way, all oil, gas and other hydrocarbon substances in and under said premises, TOGETHER WITH, the full right and privilege to the grantor, its successors and assigns, to develop and remove the same, as set forth in paragraphs (a), (b), (c) and (d), in said Deed, all as reserved by G. Kerckhoff Company, a California corporation, in the Deed recorded January 15, 1945, in Volume 2224, Page 109 of Official Records, as Document No. 2064.

APN: 020-041-45s and 020-041-47s and Portion of APN: 020-160-36s TRACT TWO:
155
Section 7, Item C.
24 Lot 18 of Block 11 of Fresno Irrigated Farms Co. Tract, in the unincorporated area of the County of Fresno, State of California according to the map thereof recorded June 24, 1912, in Book 8, Page 1 of Record of Surveys, in the office of the County Recorder of said County.

EXCEPTING THEREFROM, the South 75 feet of the West 100 feet thereof, as described in the Deed recorded November 21, 1951, in Book 3091, Page 43 of Official Records, as Document No. 61176.

ALSO EXCEPTING THEREFROM, all oil, gas and other hydrocarbon substances in and under said premise, TOGETHER WITH, the full right and privilege to the grantor, its successors and assigns, to develop and remove the same, as more particularly described therein and also subject to the terms and conditions set forth therein, all as reserved by G.

Kerckhoff Company, a California corporation, in the Deed recorded April 2, 1945, in Volume 2245, Pages 1 & 2 of Official Records, as Document No. 13312 APN: 020-160-36s (portion)
TRACT THREE:

The South 75 feet of the West 100 feet of Lot 18 of Block 11 of Fresno Irrigated Farms Co. Tract, in the unincorporated area of the County of Fresno, State of California according to the map thereof recorded June 24, 1912, in Book 8, Page 1 of Record of Surveys, in the office of the County Recorder of said County, as described in the Deed recorded November 21, 1951, in Book 3091, Page 43 of Official Records, as Document No. 61176.

EXCEPTING THEREFROM, all oil, gas and other hydrocarbon substances in and under said premise, TOGETHER WITH, the full right and privilege to the grantor, its successors and assigns, to develop and remove the same, as more particularly described therein and also subject to the terms and conditions set forth therein, all as reserved by G.

Kerckhoff Company, a California corporation, in the Deed recorded April 2, 1945, in Volume 2245, Pages 1 & 2 of Official Records, as Document No. 13312 APN: 020-160-36s (Portion)
156
Section 7, Item C.
25 EXHIBIT "B"

DEVELOPMENT IMPACT FEES
Tract No. 6430
157
Section 7, Item C.

TRACT NO. 6430 TM Appproved:

Tentative Map No. 2023-01 Impact Fee Schedule:

Owner: WFK Holdings, LLC # Lots:

Fee Description Quantity Rate Extension Adjusted Fee (1) Fee Per Lot Administrative Fee 118 UN $ 500.00 $ 59,000 $ 59,000 $ 500.00 Public Building Facilities & Equipment 118 UN $ 1,324.00 $ 156,232 $ 156,232 $ 1,324.00 General Plan 118 UN $ 296.00 $ 34,928 $ 34,928 $ 296.00 Fire Station & Equipment 118 UN $ 730.00 $ 86,140 $ 86,140 $ 730.00 Storm Drain Basin Acquisition 118 UN $ 252.00 $ 29,736 $ 29,736 $ 252.00 Storm Drain Facilities 118 UN $ 1,043.00 $ 123,074 $ - $ - Water Front Footage 0 LF $ 15.00 $ - $ - $ -
Water Oversize 118 UN $ 304.00 $ 35,872 $ - $ -
Water Major Facilities 118 UN $ 2,126.00 $ 250,868 $ 250,868 $ 2,126.00 Sewer Front Footage 0 LF $ 16.00 $ - $ - $ -
Sewer Oversize 118 UN $ 554.00 $ 65,372 $ 19,542 $ 165.61 Sewer Major Facilities 118 UN $ 2,349.00 $ 277,182 $ 68,958 $ 584.39 Parks - Development 118 UN $ 2,706.00 $ 319,308 $ 319,308 $ 2,706.00 Parks - Quimby 118 UN $ 759.00 $ 89,562 $ 89,562 $ 759.00 Major Streets 118 UN $ 1,545.00 $ 182,310 $ 1,278 $ 10.83 Street Signals 118 UN $ 159.00 $ 18,762 $ 18,762 $ 159.00 Railroad Crossings 118 UN $ 263.00 $ 31,034 $ 31,034 $ 263.00 Outside Travel Lane 118 UN $ 310.00 $ 36,580 $ 36,580 $ 310.00 TOTAL $ 1,795,960 $ 1,201,928 $ 10,185.83
118
EXHIBIT "B"

DEVELOPMENT IMPACT FEES - SINGLE-FAMILY RESIDENTIAL
PART I: DEVELOPMENT IMPACT FEES DUE AT FINAL INSPECTION OR CERTIFICATE OF OCCUPANCY September 25, 2024
2014 SFR
Notes:
1) Refer to Part II - Development Impact Fees - Single-Family Residential for fee adjustments. 158
Section 7, Item C.

TRACT NO. 6430 TM Appproved:

Tentative Map No. 2023-01 Impact Fee Schedule:

Owner: WFK Holdings, LLC # Lots:

Administrative Fee $ - $ - $ - $ 59,000 $ 59,000 $ -
Public Building Facilities & Equipment $ - $ - $ - $ 156,232 $ 156,232 $ - General Plan $ - $ - $ - $ 34,928 $ 34,928 $ -
Fire Station & Equipment $ - $ - $ - $ 86,140 $ 86,140 $ - Storm Drain Basin Acquisition $ - $ - $ - $ 29,736 $ 29,736 $ - Storm Drain Facilities $ - $ 125,502 $ 125,502 $ 123,074 $ - $ 2,428 Water Front Footage $ - $ - $ - $ - $ - $ -
Water Oversize $ - $ 47,080 $ 47,080 $ 35,872 $ - $ 11,208 Water Major Facilities $ - $ - $ 250,868 $ 250,868 $ -
Sewer Front Footage $ - $ - $ - $ - $ - $ -
Sewer Oversize $ - $ 45,830 $ 45,830 $ 65,372 $ 19,542 $ - Sewer Major Facilities $ - $ 208,224 $ 208,224 $ 277,182 $ 68,958 $ - Parks - Development $ - $ - $ - $ 319,308 $ 319,308 $ - Parks - Quimby $ - $ - $ - $ 89,562 $ 89,562 $ -
Major Streets $ - $ 181,032 $ 181,032 $ 182,310 $ 1,278 $ - Street Signals $ - $ - $ - $ 18,762 $ 18,762 $ -
Railroad Crossings $ - $ - $ - $ 31,034 $ 31,034 $ -
Outside Travel Lane $ - $ - $ - $ 36,580 $ 36,580 $ -
TOTAL $ - $ 607,668 $ 607,668 $ 1,795,960 $ 1,201,928 $ 13,636 Fee Description Previous Credit Credit Potential Reimbursement (1) Total Credit Original Fee
Obligation
Adjusted
Obligation
2014 SFR
118
PART II: DEVELOPMENT IMPACT FEE ADJUSTMENTS/REIMBURSEMENTS EXHIBIT "B"

DEVELOPMENT IMPACT FEES - SINGLE-FAMILY RESIDENTIAL
September 25, 2024
Notes:
1) Refer to Part III for construction credit calculations. The amount of each credit is an estimate and will be updated as appropriate based on documented construction costs submitted to the City for review at final acceptance. The credit is calculated by applying the ratio of the fees for the single-family residential portion of the development relative to the total fees (single-family and multi-family combined) towards the total credit listed for each fee in Part III. 159
Section 7, Item C.

TRACT NO. 6430 TM Appproved:

Tentative Map No. 2023-01 Impact Fee Schedule:

Owner: WFK Holdings, LLC # Units:

Fee Description Quantity Rate Extension Adjusted Fee (2) Fee Per Unit Administrative Fee 54 UN $ 475.00 $ 25,650 $ 25,650 $ 475.00 Public Building Facilities & Equipment 54 UN $ 629.00 $ 33,966 $ 33,966 $ 629.00 General Plan 54 UN $ 296.00 $ 15,984 $ 15,984 $ 296.00
Fire Station & Equipment 54 UN $ 442.00 $ 23,868 $ 23,868 $ 442.00 Storm Drain Basin Acquisition 54 UN $ 154.00 $ 8,316 $ 8,316 $ 154.00 Storm Drain Facilities 54 UN $ 637.00 $ 34,398 $ - $ -
Water Front Footage 0 LF $ 15.00 $ - $ - $ -
Water Oversize 54 UN $ 288.00 $ 15,552 $ - $ -
Water Major Facilities 54 UN $ 2,020.00 $ 109,080 $ 109,080 $ 2,020.00 Sewer Front Footage 0 LF $ 16.00 $ - $ - $ -
Sewer Oversize 54 UN $ 526.00 $ 28,404 $ 10,846 $ 200.84 Sewer Major Facilities 54 UN $ 2,349.00 $ 126,846 $ 47,070 $ 871.67 Parks - Development 54 UN $ 2,706.00 $ 146,124 $ 146,124 $ 2,706.00 Parks - Quimby 54 UN $ 759.00 $ 40,986 $ 40,986 $ 759.00 Major Streets 54 UN $ 1,049.00 $ 56,646 $ - $ -
Street Signals 54 UN $ 76.00 $ 4,104 $ 4,104 $ 76.00
Railroad Crossings 54 UN $ 125.00 $ 6,750 $ 6,750 $ 125.00 Outside Travel Lane 54 UN $ 211.00 $ 11,394 $ 11,394 $ 211.00 TOTAL $ 688,068 $ 484,138 $ 8,965.51
PART I: DEVELOPMENT IMPACT FEES DUE AT FINAL INSPECTION OR CERTIFICATE OF OCCUPANCY EXHIBIT "B"

DEVELOPMENT IMPACT FEES - MULTI-FAMILY RESIDENTIAL
September 25, 2024
2014 MFR
54 Notes:
1) Refer to Part II - Development Impact Fees - Multi-Family Residential for fee adjustments. 160
Section 7, Item C.

TRACT NO. 6430 TM Appproved:

Tentative Map No. 2023-01 Impact Fee Schedule:

Owner: WFK Holdings, LLC # Lots:

Administrative Fee $ - $ - $ - $ 25,650 $ 25,650 $ -
Public Building Facilities & Equipment $ - $ - $ - $ 33,966 $ 33,966 $ - General Plan $ - $ - $ - $ 15,984 $ 15,984 $ -
Fire Station & Equipment $ - $ - $ - $ 23,868 $ 23,868 $ - Storm Drain Basin Acquisition $ - $ - $ - $ 8,316 $ 8,316 $ - Storm Drain Facilities $ - $ 48,083 $ 48,083 $ 34,398 $ - $ 13,685 Water Front Footage $ - $ - $ - $ - $ - $ -
Water Oversize $ - $ 18,038 $ 18,038 $ 15,552 $ - $ 2,486 Water Major Facilities $ - $ - $ 109,080 $ 109,080 $ -
Sewer Front Footage $ - $ - $ - $ - $ - $ -
Sewer Oversize $ - $ 17,558 $ 17,558 $ 28,404 $ 10,846 $ - Sewer Major Facilities $ - $ 79,776 $ 79,776 $ 126,846 $ 47,070 $ - Parks - Development $ - $ - $ - $ 146,124 $ 146,124 $ - Parks - Quimby $ - $ - $ - $ 40,986 $ 40,986 $ -
Major Streets $ - $ 69,358 $ 69,358 $ 56,646 $ - $ 12,712 Street Signals $ - $ - $ - $ 4,104 $ 4,104 $ -
Railroad Crossings $ - $ - $ - $ 6,750 $ 6,750 $ -
Outside Travel Lane $ - $ - $ - $ 11,394 $ 11,394 $ -
TOTAL $ - $ 232,814 $ 232,814 $ 688,068 $ 484,138 $ 28,883 Fee Description Previous Credit Credit Potential Reimbursement (1) Total Credit Original Fee
Obligation
Adjusted
Obligation
PART II: DEVELOPMENT IMPACT FEE ADJUSTMENTS/REIMBURSEMENTS EXHIBIT "B"

DEVELOPMENT IMPACT FEES - MULTI-FAMILY RESIDENTIAL
September 25, 2024
2014 SFR
118
Notes:
1) Refer to Part III for construction credit calculations. The amount of each credit is an estimate and will be updated as appropriate based on documented construction costs submitted to the City for review at final acceptance. The credit is calculated by applying the ratio of the fees for the multi-family residential portion of the development relative to the total fees (single-family and multi-family combined) towards the total credit listed for each fee in Part III. 161
Section 7, Item C.

TRACT NO. 6430
Tentative Map No. 2023-01
Owner: WFK Holdings, LLC
Item Description Quantity Unit Unit Cost Extension
Storm Drain Facilities - California Avenue
24" RCP 1,039.00 LF $ 124.00 $ 128,836.00
Manholes 3.00 EA $ 6,750.00 $ 20,250.00
Inlets 4.00 EA $ 6,125.00 $ 24,500.00
$ 173,586.00
Water Oversize - California Avenue
12" Water Main 1,379.00 LF $ 42.00 $ 57,918.00
12" Valves 18.00 EA $ 400.00 $ 7,200.00
$ 65,118.00
Sewer Oversize - California Avenue
15" Sewer Main 1,378.00 LF $ 46.00 $ 63,388.00
Sewer Major Facilities - California Avenue
Lift Station 1.00 EA $ 288,000.00 $ 288,000.00
Major Streets - California Avenue
Median Curb 2,070.00 LF $ 15.00 $ 31,050.00
Inside Lane AC Pavement 753.00 Tons $ 117.00 $ 88,101.00 Inside Lane Base Rock 1,109.00 Tons $ 47.00 $ 52,123.00 Subgrade Preparation 50,221.00 SF $ 0.32 $ 16,070.72
Fog Seal 4,753.00 SY $ 1.50 $ 7,129.50
Striping 1.00 LS $ 6,366.00 $ 6,366.00
Median landscaping and irrigation 1.00 LS $ 49,550.00 $ 49,550.00 $ 250,390.22
Total Credit = $ 840,482.22
PART III: CONSTRUCTION CREDIT CALCULATIONS
EXHIBIT "B"

DEVELOPMENT IMPACT FEES
Notes:
162
Section 7, Item C.

WHEN RECORDED MAIL TO:

City Clerk
City of Kerman
850 S. Madera Ave.

Kerman, CA 93630
NO FEE - Government Code 6103 & 27383

STATEMENT OF COVENANTS AFFECTING LAND

DEVELOPMENT ACKNOWLEDGING RIGHT-TO-FARM
LAW FOR THE FINAL MAP OF TRACT NO. 6430
163
Section 7, Item C.

Statement of Covenants Affecting Land Development
Acknowledging Right-to-Farm Law
Tract No. 6430