User Fee Study Report
April 2019
City of Lindsay, CA
User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
i Comprehensive User Fee Study
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................. i Executive Summary .............................................................................................................................. 1 User Fee Background ........................................................................................................................... 2 Background .................................................................................................................................................. 2 California User Fee History .......................................................................................................................... 2 Additional Policy Considerations ................................................................................................................. 3 Study Objective ................................................................................................................................... 4 Scope of the Study ....................................................................................................................................... 4 Aim of the Report......................................................................................................................................... 5 Project Approach and Methodology ..................................................................................................... 6 Conceptual Approach................................................................................................................................... 6 Fully Burdened Hourly Rates........................................................................................................................ 6 Summary Steps of the Study ........................................................................................................................ 7 Allowable Costs ............................................................................................................................................ 7 Methodology ................................................................................................................................................ 8 Quality Control/Quality Assurance .............................................................................................................. 8 Reasons for cost increases/decreases over current fees............................................................................. 9 City Staff Contributions ................................................................................................................................ 9 Lindsay User Fees ............................................................................................................................... 10 Cost Recovery............................................................................................................................................. 10 Subsidization .............................................................................................................................................. 10 Impact on Demand (Elasticity) ................................................................................................................... 11 Summary .................................................................................................................................................... 11 Admin – Finance ................................................................................................................................ 12 Analysis ...................................................................................................................................................... 12 Building ............................................................................................................................................. 13 Analysis ...................................................................................................................................................... 13 Planning ............................................................................................................................................ 13 Analysis ...................................................................................................................................................... 14 Public Safety ...................................................................................................................................... 15 December 13, 2022 Regular Meeting of the Lindsay City Council
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Analysis ...................................................................................................................................................... 15 Recreation – Wellness and Aquatic Center .......................................................................................... 16 Analysis ...................................................................................................................................................... 16 Appendix A – Total Allowable Cost to be Recovered ........................................................................... 17 Appendix B – Fully Burdened Hourly Rates ......................................................................................... 18 Appendix C – Cost Recovery Analysis .................................................................................................. 21 December 13, 2022 Regular Meeting of the Lindsay City Council
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Executive Summary
The City of Lindsay engaged Willdan Financial Services (Willdan) to determine the full costs incurred by the City to support the various activities for which the City charges user fees. Due to the complexity and the breadth of performing a comprehensive review of fees, Willdan employed three methodologies to identify the full costs of individual fee and program activities. This report and the appendices herein identify reasonable full cost recovery for City services.
The recommended fees identified herein are either at or less than full cost recovery as determined through discussion with departmental staff.
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User Fee Background
Background
Local governments adopt user fees to fund programs and services that provide a direct benefit to an individual or a group of individuals. Specifically, user fees may be adopted by local government agencies to fund programs and services that provide only a limited benefit or no direct benefit to the community as a whole. As cities struggle to maintain levels of service cities have implemented cost-recovery targets to continue to provide programs and services that have a limited impact to the community at large.
Unlike most revenue sources, cities have more control over the level of user fees they charge to recover costs, or the subsidies they institute. To the extent that governments use general tax monies to provide individuals with private benefits and not require them to pay the full cost of the service (and, therefore, receive a subsidy), the government is limiting funds that may otherwise be available to provide other community-wide benefits. In effect, the local government can decide to use community funds to pay for private benefits to certain individuals by electing to recover less than the full cost to provide these programs and services.
Fees in California are required to conform to the statutory requirements of the California Constitution, Proposition 218, Proposition 26, and the California Code of Regulations. The Code also requires that the City Council adopt fees by either ordinance or resolution, and that any fees in excess of the estimated total cost of rendering the related services must be approved by a popular vote of two-thirds of those electors voting because the charge would be considered a tax and not a fee. The recommended fees identified herein are either at or less than full cost recovery.
California User Fee History
Proposition 13 (1978) established the era of revenue limitation in California local government. In subsequent years, the state saw a series of additional limitations to local government revenues. Proposition 4 (1979) defined the difference between a tax and a fee: a fee can be no greater than the cost of providing the service; and Proposition 218 (1996) further limited the imposition of taxes for certain classes of fees.
As a result, cities were required to secure a supermajority vote in order to enact or increase taxes.
Compounding this limitation, the State of California took a series of actions in the 1990’s and 2000’s to improve the State’s fiscal situation—at the expense of local governments. As an example, in 2004-05, the Educational Revenue Augmentation Funds (“ERAF”) take-away of property taxes and the reduction of Vehicle License Fees have severely reduced local tax revenues.
In addition, on November 2, 2010, California voters approved Proposition 26, the “Stop Hidden Taxes Initiative”, which is aimed at defining “regulatory fees” as a special tax rather than a fee, thus requiring approval by two-thirds vote of local voters. These regulatory fees are typically intended to mitigate the societal and environmental impacts of a business or person’s activities. Proposition 26 contains seven categories of exceptions. The vast majority of fees that cities would seek to adopt as part of a user fee study will most likely fall into one or more of these exemptions.
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The historical trend toward revenue limitation for local governments has raised the need for cities to reduce potential subsidies provided by the General Fund and focus on recovering the cost of those programs and services providing primarily providing a limited private benefit to certain individuals from the individual fee payers benefiting from those programs and services.
Additional Policy Considerations
The recent trend for municipalities is to update their fee schedules to reflect the actual costs of certain public services primarily benefitting the users of those services. User Fees recover costs associated with the provision of specific services benefiting the user, thereby reducing the use of General Fund monies for such purposes.
In addition to collecting the direct cost of labor and materials associated with processing and administering user services, it is common for local governments to recover reasonable support costs. Support costs are those costs relating to a local government’s central service departments that are properly allocable to the local government’s operating departments. Central service support costs were incorporated using the resulting indirect overhead percentages determined through the Cost Allocation Plan. This plan was developed prior to the User Fee study to determine the burden placed upon central services by the operating departments in order to allocate a proportionate share of central service cost.
As labor effort and costs associated with the provision of services fluctuate over time, a significant element in the development of any fee schedule is that it has the flexibility to remain current. Therefore, it is recommended that the City include an inflationary factor in the resolution adopting the fee schedule to allow the City Council, by resolution, to annually increase or decrease the fees in instances where a fully updated comprehensive user fee study cannot be completed.
The City may employ many different inflationary factors. The most commonly used inflator is some form of the Consumer Price Index (CPI) as it is widely well known and accepted. A similar inflator is the implicit price deflator for GDP, which is much like the CPI except that while the CPI is based on the same “basket” of goods and services every year, the price deflators’ “basket” can change year to year. Since the primary factor for the cost of a City’s services is usually the costs of the personnel involved, tying an inflationary factor that connects more directly to the personnel costs can be suitable if there is a clear method, or current practice of obtaining said factor.
Each City should use an inflator that they believe works the best for their specific situation and needs. It is also recommended that the City perform this internal review annually with a comprehensive review of services and fees performed every three to five years, which would include adding or removing fees for any new or eliminated programs/services.
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Study Objective
As the City of Lindsay seeks to efficiently manage limited resources and adequately respond to increased service demands, it needs a variety of tools. These tools provide assurance that the City has the best information and the best resources available to make sound decisions, fairly and legitimately set fees, maintain compliance with state law and local policies, and meet the needs of the City administration and its constituency. Given the limitations on raising revenue in local government, the City recognizes that a User Fee Study is a very cost-effective way to understand the total cost of services and identify potential fee deficiencies. Essentially, a User Fee is a payment for a requested service provided by a local government that primarily benefits an individual or group.
The total cost of each service included in this analysis is based on the full cost of providing City services, including direct salaries and benefits of City staff, direct departmental costs, and indirect costs from central service support department. This study determines the full cost recovery fee for the City to provide each service; however, each fee is set at the City’s discretion, up to 100% of the total cost, as specified in this report.
The principal goal of the study was to help the City determine the full cost of the services that the City provides. In addition, Willdan established a series of additional objectives including:
Developing a rational basis for setting fees
Identifying subsidy amount, if applicable, of each fee in the model Ensuring compliance with State law
Developing an updatable and comprehensive list of fees Maintaining accordance with City policies and goals
The study results will help the City better understand its true costs of providing services and may serve as a basis for making informed policy decisions regarding the most appropriate fees, if any, to collect from individuals and organizations that require individualized services from the City.
Scope of the Study
The scope of this study encompasses a review and calculation of the user fees charged by the following Lindsay departments and fee groups:
Finance & Administration
Building
Planning
Public Safety
Recreation – Wellness and Aquatic Center
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The study involved the identification of existing and potential new fees, fee schedule restructuring, data collection and analysis, orientation and consultation, quality control, communication and presentations, and calculation of individual service costs (fees) or program cost recovery levels.
Aim of the Report
The User Fee Study focused on the cost of City services, as City staff currently provides them at existing, known, or reasonably anticipated service and staff levels. This report provides a summary of the study results, and a general description of the approach and methods Willdan and City staff used to determine the recommended fee schedule.
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Project Approach and Methodology
Conceptual Approach
The basic concept of a User Fee Study is to determine the “reasonable cost” of each service provided by the City for which it charges a user fee. The full cost of providing a service may not necessarily become the City’s fee, but it serves as the objective basis as to the maximum amount that may be collected.
The standard fee limitation established in California law for property-related (non-discretionary) fees is the “estimated, reasonable cost” principle. In order to maintain compliance with the letter and spirit of this standard, every component of the fee study process included a related review. The use of budget figures, time estimates, and improvement valuation indicates reliance upon estimates for some data.
Fully Burdened Hourly Rates
The total cost of each service included in this analysis is primarily based on the Fully Burdened Hourly Rates (FBHRs) that were determined for City personnel directly involved in providing services. The FBHRs include not only personnel salary and benefits, but also any costs that are reasonably ascribable to personnel. The cost elements that are included in the calculation of fully burdened rates are:
Salaries & benefits of personnel involved
Operating costs applicable to fee operations
Departmental support, supervision, and administration overhead Internal Service Costs charged to each department
Indirect City-wide overhead costs calculated through the Cost Allocation Plan An important factor in determining the fully burdened rate is in the calculation of productive hours for personnel. This calculation takes the available workable hours in a year of 2,080 and adjusts this figure to account for calculated or anticipated hours’ employees are involved in non-billable activities such as paid vacation, sick leave, emergency leave, holidays, and other considerations as necessary. Dividing the full cost by the number of productive hours provides the FBHR.
The FBHRs are then used in conjunction with time estimates, when appropriate, to calculate a fees' cost based on the personnel and the amount of their time that is involved in providing each service.
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Summary Steps of the Study
The methodology to evaluate most User Fee levels is straightforward and simple in concept. The following list provides a summary of the study process steps:
Allowable Costs
This report identifies three types of costs that, when combined, constitute the fully burdened cost of a service (Appendix A). Costs are defined as
direct labor, including salary and benefits,
departmental overhead costs, and the City’s
central services overhead, where
departmental and central service overhead
costs constitute support costs. These cost
types are defined as follows:
Direct Labor (Personnel Costs): The
costs related to staff salaries for
time spent directly on fee-related
services.
Departmental Overhead: A
proportional allocation of
departmental overhead costs,
including operation costs such as
supplies and materials that are necessary for the department to function. Central Services Overhead: These costs, detailed in the City’s Cost Allocation Plan, represent services provided by those Central Services Departments whose primary function is to support other City departments.
Data Analysis
Department Interviews
Time Estimates
Labor Costs
Cost Allocation Plan
Building Cost Layers
Direct Services
Indirect Services
Department Overhead
City-Wide Overhead
Set Fees
Define the Full Cost of
Services
Set Cost Recovery Policy
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Methodology
The three methods of analysis for calculating fees used in this report are the:
Case Study Method (Standard Unit Cost Build-Up Approach): This approach estimates the actual labor and material costs associated with providing a unit of service to a single user. This analysis is suitable when City staff time requirements do not vary dramatically for a service, or for special projects where the time and cost requirements are easy to identify at the project’s outset. Further, the method is effective in instances when a staff member from one department assists on an application, service or permit for another department on an as-needed basis. Costs are estimated based upon interviews with City staff regarding the time typically spent on tasks, a review of available records, and a time and materials analysis.
Programmatic Approach: In some instances, the underlying data is not available or varies widely, leaving a standard unit cost build-up approach impractical. In addition, market factors and policy concerns (as opposed to actual costs) tend to influence fee levels more than other types of services. Willdan employed a different methodology where appropriate to fit the programs’ needs and goals. Typical programmatic approach cases are facility use fees, penalties, and instances where a program cost is divided over the user base to obtain a per applicant cost for shared cost services.
Valuation Based Fees: This manner of collection is used when the valuation of the improvement can be used as a proxy for the amount of effort it would take for City staff to complete the service provided. More specifically, this approach is commonly used for certain User Fees in the Building Division. It is generally accepted that as a project’s size scales up, the cost of the project increases, and the amount of effort needed to review and inspect also increases. Using a valuation-based fee provides for a system that can adjust as project sizes scale. Land is not included in the valuation.
Quality Control/Quality Assurance
All study components are interrelated, thus flawed data at any step in the process will cause the ultimate results to be inconsistent and unsound. The elements of our Quality Control process for User Fee calculations include:
Involvement of knowledgeable City staff
Clear instructions and guidance to City staff
Reasonableness tests and validation
Normalcy/expectation ranges
FTE balancing
Internal and external reviews
Cross-checking
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Reasons for cost increases/decreases over current fees
Within the fee tables in Appendix C, the differences identified between the full costs calculated through the study and the fee levels currently in effect. The reasons for differences between the two can arise from a number of possible factors including:
Previous fee levels may have been set at levels less than full cost intentionally, based on policy decisions
Staffing levels and the positions that complete fee and service activity may vary from when the previous costs were calculated
Personnel and materials costs could have increased at levels that differed from any inflationary factors used to increase fees since the last study
Costs that this study has identified as part of the full cost of services may not have been accounted for in a previous study
o Departmental overhead and administration costs
o Indirect overhead from the Cost Allocation Plan
Changes in processes and procedures within a department, or the City as a whole City Staff Contributions
As part of the study process, Willdan received tremendous support and cooperation from City staff, which contributed and reviewed a variety of components to the study, including:
Budget and other cost data
Staffing structures
Fee and service structures, organization, and descriptions Direct and indirect work hours (billable/non-billable) Time estimates to complete work tasks
Frequency and current fee levels
Review of draft results and other documentation
A User Fee Study requires significant involvement of the managers and line staff from the departments— on top of their existing workloads and competing priorities. The contributions from City staff were critical to this study. We would like to express our appreciation to the City and its staff for their assistance, professionalism, positive attitudes, helpful suggestions, responsiveness, and overall cooperation.
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Lindsay User Fees
Cost Recovery
The cost recovery models, by department and or division fee type, are presented in detail in Appendix C.
Full cost recovery is determined by summing the estimated amount of time each position (in increments of minutes or hours) spends to render a service. Time estimates for each service rendered were predominately determined by Willdan and City Staff through a time and materials survey conducted for each department/division fee included in the study. The resulting cost recovery amount represents the total cost of providing each service. The City’s current fee being charged for each service, if applicable, is provided in this section, as well, for reference.
It is important to note that the time and materials survey used to determine the amount of time each employee spends assisting in the provision of the services listed on the fee schedule is essential in identifying the total cost of providing each service. Specifically, in providing services, a number of employees are often involved in various aspects of the process, spending anywhere from a few minutes to several hours on the service.
The principal goal of this study was to identify the cost of City services, to provide information to help the City make informed decisions regarding the actual fee levels and charges.
In setting the level of full cost recovery for each fee, one should consider whether the service solely benefits one end user or the general community. City staff assumes the responsibility to develop specific fee level recommendations to present to the City Council for their final review and ultimate approval. The City of Lindsay is under specific guidance to develop and present to Lindsay City Council a fee schedule that meets the recommendations of CA State Auditors Report 2020-805.
Subsidization
Recalling the definition of a user fee helps guide decisions regarding subsidization. The general standard is that individuals (or groups) whom receive a wholly private benefit should pay 100% of the full cost of the services. In contrast, services that are 100% public benefit should be funded entirely by the general fund’s tax dollars. Many services fall into the range between these two extremes.
Further complicating the decision, opponents of fees often assert that the activities subject to the fees provide economic, cultural, “quality of life,” or other community benefits that exceed the costs to the City.
It is recommended the City consider such factors during its deliberations regarding appropriate fee levels.
Of course, subsidization can be an effective public policy tool, since it can be used to reduce fees to encourage certain activities (such as compliance inspections to ensure public safety) or allow some people to be able to afford to receive services they otherwise could not at the full cost. In addition, subsidies can be an appropriate and justifiable action, such as to allow citizens to rightfully access services, without burdensome costs.
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Despite the intent, it is important for the City and public to understand that subsidies must be covered by another revenue source, and in most instances by the General Fund. In such instances therefore, funds provided by the general taxpayer may potentially be used to help fund and provide private benefits to an individual or group. Also in such instances, other City services may not receive those General funds that are otherwise spent to provide such subsidies.
Impact on Demand (Elasticity)
Economic principles of elasticity suggest that increased costs for services (higher fees) will eventually curtail the demand for the services; whereas lower fees may spark an incentive to utilize the services and encourage certain actions. Either of these conditions may be a desirable effect to the City. However, the level of the fees that would cause demand changes is largely unknown. The cost of service study did not attempt to evaluate the economic or behavioral impacts of higher or lower fees; nevertheless, the City should consider the potential impacts of these issues when deciding on fee levels.
Summary
If the City’s principal goal of this study were to maximize revenues from user fees, Willdan would recommend setting user fees at 100% of the full cost identified in this study. However, we understand that revenue enhancement is not the only goal of a cost of service study, and sometimes full-cost recovery is not needed, desired, or appropriate. Other City and departmental goals, City Council priorities, policy initiatives, past experience, implementation issues, and other internal and external factors may influence staff recommendations and City Council decisions. In this case, the proper identification of additional services (new or existing services) and creation of a consistent and comprehensive fee schedule was the primary objective of this study. City staff has reviewed the full costs and identified the “recommended fee levels” for consideration by City Council. The attached appendices exhibit these unit fees individually.
The preceding sections provide background for each department or division and the results of this study’s analysis of their fees. For the full list of each fee’s analysis, refer to Appendix C of this report.
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Finance & Administration
The Finance department is responsible for general ledger accounting, banking and investment, debt management, governmental accounting and reporting, accounts payable and accounts receivable, and utility billing.
Analysis
Willdan individually reviewed the services associated with the Finance Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of Finance services relied primarily upon a standard unit cost build-up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro-rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering costs associated with the requested service. The analysis found that a few of the current fees are set below the cost of service. The suggested fee amounts being recommended are detailed in Appendix C with some levels of subsidy suggested to remain. As a result, there would be:
An increase to 4 fees;
1 new Credit Card Convenience fee would be added, and; 11 fees would remain as currently set.
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Building
The City Services department manages the physical condition of the community and its environment. While some of the work City Services may do is out of sight because it deals with underground infrastructure or is done at the treatment plant, much of the work is either in plain view including street repair projects and can be experienced in the daily life of City residents for example through water taste and quality.
The City Services Department is comprised of the following sub departments: maintenance, streets, parks, building, code enforcement, planning, engineering, water, wastewater, storm drain utilities, refuse services, and special districts.
Analysis
Willdan individually reviewed the services associated with Building. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of Building Services relied primarily upon a standard unit cost build-up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. The analysis found that the current fees are subsidizing the cost of service. It is recommended that the City set Building fees at cost recovery levels as detailed in Appendix C for each specific fee, with many fees increasing to achieve full cost recovery. As a result, there would be:
an increase to 28 fees;
9 fees would decrease;
7 new fees would be added, including a General Plan Update fee; 8 fees would remain as currently set, and;
the average estimated fee increase for Building would be at around 20% for flat fee services.
In addition to the above referenced fees listed under Building, the Building Permit fees are also provided by this Department. For the Building Permit fees, valuation is used as a proxy for measuring the amount of effort needed to provide services on a case-by-case basis. This method is an industry standard widely used by other jurisdictions to evaluate the cost of providing service. It is generally understood that the larger and more complex a project is, more time and effort that is required to provide code compliance services.
Project valuation also follows that trend, and so by using a combination of either project valuation or historical revenue figures along with a multiplier or cost recovery analysis for historical and anticipated future trends, current cost recovery along with variability in charges due to project type and scale is determined. The result of the cost analysis completed for the Building Permit program found that the program is currently operating at 28% cost recovery. It is suggested that the fees be increased to raise cost recovery to 100%.
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Planning
The Lindsay Department of Planning and Economic Development is involved in almost every project as it follows City Council directives in supporting businesses, city services, parks, water, wastewater and curb and gutter; creating a better business community for the City; participating in the sorting of forms required to establish business in the community; encouraging interaction between the Chamber of Commerce; and highlighting all the City can offer to businesses.
Analysis
Willdan individually reviewed the services associated with the Planning Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of Planning Services relied primarily upon a standard unit cost build-up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services. The analysis found that the current fees are subsidizing the cost of most services. It is recommended that the City set Planning fees at cost recovery levels as detailed in Appendix C for each specific fee to achieve full cost recovery for services. As a result, there would be:
an increase to 32 fees;
1 fee would decrease;
9 new fees would be added, and;
the average estimated fee increase for existing Planning services would be at around 60%.
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Public Safety
Under the roof of the Lindsay Department of Public Safety you will find three separate but well-aligned components. Public Safety encompasses full-time police and fire personnel, along with animal control services. An entity that is closely tied to all three is the records unit, falling primarily under the police umbrella. To date our law enforcement personnel still act as firefighters, in the evening and weekend hours, when dedicated fire personnel are not on duty. The duties of police include identifying and solving problems throughout the City, maintaining a proactive approach on crime and ensuring the safety and quality of life of those that live, work, or worship in the community. The City’s law enforcement staff embraces a great working relationship with residents and the Lindsay Unified School District as well. The Public Safety Department prides itself on the small-town relationships established and take every effort to develop community-oriented policing networks.
Fire protection services include just that, responding to fire emergencies, along with assisting with medical aid responses. A proactive approach is also taken on weed abatement and other measures to prevent or at least minimize fire damage and maintain safety of our residents.
Animal control service responsibilities include patrolling the community for stray animals or municipal code violations related to animal control and educating animal owners. Those captured are provided with humane treatment and proper sheltering, until the owner can be located, or the animal can be adopted.
Analysis
Willdan individually reviewed the services associated with the Public Safety Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The services included in Public Safety are a mixture of fines and user fees. Fines are set to deter the listed activities, and the analysis of the user fees relied primarily upon a standard unit cost build-up approach, whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and the pro-rata share of departmental costs, including indirect costs for City Central Services.
The analysis found that the current fees are subsidizing the cost of most cost-based services. It is recommended that the City set Public Safety fees at cost recovery levels as detailed in Appendix C for each specific fee to achieve greater cost recovery. As a result, there would be:
an increase to 10 fees;
2 fees would decrease, and;
31 fees and penalties would remain as currently set.
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Recreation – Wellness and Aquatic Center
The Wellness Center offers a variety of services in the areas of aquatics, fitness, and recreation. The Wellness Center boasts a state-of-the-art eight-lane swimming pool and a sloped-entry kiddie pool area; it offers pool rental to the community and serves as the home of the Lindsay High School Swim Team as well as the Skimmers, a local competitive youth swim team. Various fitness and exercises classes are also offered, as well as a full gym with various exercise machines and a free weights area. The Wellness Center is also grateful to count Pro-PT Physical Therapy and OMNI Family Health as valued tenants providing additional health resources to the Lindsay community.
In addition to the offerings found at the Wellness Center, the Department of Recreation oversees other facilities around town such as the Olive Bowl, Harvard Park, and the Lindsay Sports Complex. Special community events include Summer Night Lights and the Annual Salute to Service Run/Walk.
Analysis
Willdan individually reviewed the services associated with the Recreation – Wellness and Aquatic Center Department. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.
The analysis of most Recreation programs encompassed facility rentals and other associated recreation services. The fee for use of government owned facilities and property can be set discretionally by the City per Proposition 26 based on market or policy factors. The cost of acquisition, maintenance, repair, and upgrade to the City and subsequently the community can be offset by rental or facility use fee revenue. As such fees should be set using the knowledge of activity use for the facilities, policy desires of the City, and market factors when desirable. It is generally accepted that some Recreation programs provide a measure of public benefit to the residents and City as a whole. In addition, cities generally want to ensure that their programs and services remain affordable to the community at large, and that the programs remain competitive with surrounding jurisdictions and private businesses.
An analysis of the City’s Recreation Services was done to determine the reasonable cost of each fee occurrence using direct service staff time to recover the direct cost of that staff using their full burdened hourly rates. A cost analysis was also completed for the Wellness Center which found that the program is currently operating at approximately a 70% cost recovery.
The suggested fee amounts that are being recommended are to achieve greater cost recovery and are detailed in Appendix C. As a result, there would be:
An increase to 29 fees;
A decrease to 1 fee;
8 new fees would be added, and;
6 fees would remain as currently set.
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Appendix A – Total Allowable Cost to be Recovered
Below are the total allowable costs that may be recovered through User Fees; however, only a percentage of the total cost is realized as staff doesn’t just work on services related to User Fees, but also works on an array of other City functions during the operational hours of the City. The amounts listed below will not reconcile to City budgets as costs that should not be included in overhead for personnel in the application of determining fully burdened hourly rates were excluded. Examples of these costs are capital, debt, monetary transfers, passthrough contract costs, and any other costs that is charged directly to the service requestor.
City of Lindsay - User Fee
Overhead Rate Calculations
Department
Salaries and
Benefits
Department
Operational
Costs
Direct
Overhead
%
Indirect
Allocation
%
101: CITY MANAGER 108,410 95,800 88% 0%
101: FINANCE 141,993 130,078 92% 0%
101: COM DEV 367,615 69,153 19% 11%
101: PUBLIC SAFETY 2,998,452 1,074,906 36% 10%
101: CITY SERVICES 345,350 145,072 42% 9%
101: STREETS 249,217 67,914 27% 11%
101: PARKS 161,891 77,351 48% 11%
400: WELLNESS CENTER 370,161 301,786 82% 10%
552: WATER 564,330 473,762 84% 9%
553: SEWER 381,726 275,218 72% 9%
554: REFUSE 234,659 58,064 25% 8%
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Appendix B – Fully Burdened Hourly Rates
Below are fully burdened hourly rates of staff positions that provide for the services detailed in Appendix C. The FBHRs were used to determine the full cost of each service. They include the salary and benefit costs for each position as well as all applicable overhead amounts for each position. For positions in central service departments, such as the City Clerk and Finance, what is shown is the salary and benefit rate only, as the overhead of central service departments is recovered through the cost allocation plan. When a central service department position works on a fee or project in the purview of an operating department, the overhead rates of the operating department (shown in Appendix A) will be applied to that central service positions’ salary and benefit rate for full cost recovery. For any user fee service request that is outside the scope of the fees detailed in Appendix C, or for services for which there is no fee currently set, the City can charge up to the full cost of the FBHR for personnel involved.
City of Lindsay - User Fee
Fully Burdened Hourly Rate Calculation
Department Position
Fully Burdened
Hourly Rate
Blended Rates
101: COM DEV $67.21
101: PARKS $73.16
101: PUBLIC SAFETY $90.32
101: PUBLIC SAFETY - Off., Sgt., Lt. $97.89
101: CITY SERVICES $87.05
101: STREETS $76.24
Full Time Position Rates
101: COM DEV CD-Administrative Secretary $58.95
101: COM DEV CD-Administrative Supervisor $76.36
101: COM DEV CD-Assistant City Planner $55.95
101: COM DEV CD-City Services Manager / Inspector $74.90 101: COM DEV CD-Code Enforcement (PREVIOUSLY WILLDAN) $37.16 101: COM DEV CD-Planning Manager $99.92
101: CITY MANAGER City M-Assistant to the City Manager / City Clerk $95.29 101: CITY MANAGER City M-City Manager $205.12
101: CITY MANAGER City M-Executive Assistant / Deputy City Clerk $64.35 101: CITY SERVICES City Serv.-Administrative Secretary $69.41 101: CITY SERVICES City Serv.-Administrative Supervisor $89.90 101: CITY SERVICES City Serv.-Assistant to the City Manager / City Clerk $78.30 December 13, 2022 Regular Meeting of the Lindsay City Council
19 Comprehensive User Fee Study
City of Lindsay - User Fee
Fully Burdened Hourly Rate Calculation
Department Position
Fully Burdened
Hourly Rate
Full Time Position Rates
101: CITY SERVICES City Serv.-City Services Assistant Director $96.14 101: CITY SERVICES City Serv.-City Services Manager / Inspector $88.19 101: CITY SERVICES City Serv.-Director Of City Services $153.26 101: CITY SERVICES City Serv.-Engineering Tech $59.25
101: CITY SERVICES City Serv.-Executive Assistant / Deputy City Clerk $52.88 101: CITY SERVICES City Serv.-Human Resources Manager $123.29 101: CITY SERVICES City Serv.-IT Manager $93.30
101: CITY SERVICES City Serv.-Maintenance $45.08
101: CITY SERVICES City Serv.-Planning Manager $117.64
101: CITY SERVICES City Serv.-Senior Maintenance 1 $45.33 101: CITY SERVICES City Serv.-Senior Maintenance 3 $106.71 101: FINANCE Fin.-Account Clerk 3 $89.32
101: FINANCE Fin.-Administrative Supervisor $140.65
101: FINANCE Fin.-Director Of Finance $143.38
101: PARKS Parks-Administrative Secretary $73.29
101: PARKS Parks-Administrative Supervisor $94.93
101: PARKS Parks-Engineering Tech $62.57
101: PARKS Parks-Maintenance $47.60
101: PARKS Parks-Senior Maintenance 1 $47.86
101: PARKS Parks-Senior Maintenance 3 $112.68
101: PUBLIC SAFETY Pub. Safety-Administrative Supervisor $93.52 101: PUBLIC SAFETY Pub. Safety-Animal Control Officer $49.00 101: PUBLIC SAFETY Pub. Safety-Director Of Public Safety $153.75 101: PUBLIC SAFETY Pub. Safety-Fire Apparatus Engineer $51.28 101: PUBLIC SAFETY Pub. Safety-Fire Lieutenant $73.79
101: PUBLIC SAFETY Pub. Safety-Public Safety Lieutenant $158.19 101: PUBLIC SAFETY Pub. Safety-Public Safety Officer $75.62 101: PUBLIC SAFETY Pub. Safety-Public Safety Officer (SRO II) $52.59 101: PUBLIC SAFETY Pub. Safety-Public Safety Sergeant $105.16 101: STREETS Streets-Administrative Secretary $63.22
101: STREETS Streets-Administrative Supervisor $81.89
101: STREETS Streets-City Services Assistant Director $87.57 101: STREETS Streets-City Services Manager / Inspector $80.33 101: STREETS Streets-Director Of City Services $139.61
101: STREETS Streets-Engineering Tech $53.97
101: STREETS Streets-Maintenance $41.06
December 13, 2022 Regular Meeting of the Lindsay City Council
20 Comprehensive User Fee Study
City of Lindsay - User Fee
Fully Burdened Hourly Rate Calculation
Department Position
Fully Burdened
Hourly Rate
Full Time Position Rates
101: STREETS Streets-Senior Maintenance 1 $41.29
101: STREETS Streets-Senior Maintenance 3 $97.20
263: TRANSPORTATION Transp.-Administrative Secretary $49.59 263: TRANSPORTATION Transp.-Administrative Supervisor $64.24 263: TRANSPORTATION Transp.-City Services Assistant Director $68.69 263: TRANSPORTATION Transp.-City Services Manager / Inspector $63.01 263: TRANSPORTATION Transp.-Director Of City Services $109.50 263: TRANSPORTATION Transp.-Engineering Tech $42.34
263: TRANSPORTATION Transp.-Maintenance $42.35
263: TRANSPORTATION Transp.-Senior Maintenance 1 $32.39 263: TRANSPORTATION Transp.-Senior Maintenance 3 $76.24 400: WELLNESS CENTER Well. Center-Administrative Secretary $59.86 400: WELLNESS CENTER Well. Center-Recreation 1 $51.74
400: WELLNESS CENTER Well. Center-Recreation Director $122.31 December 13, 2022 Regular Meeting of the Lindsay City Council
21 Comprehensive User Fee Study
Appendix C – Cost Recovery Analysis
The following tables provide the results of the analysis, resulting full cost recovery amount, and recommended fees. For fees in which the full cost, existing fee and suggested fee is listed as “NA”, the amount or percentage was not calculable based on cost data or variable fee structure. This is most common when either the current or the suggested fee includes a variable component that is not comparable on a one to one basis, a full cost was not calculated (for penalties and fines), or when there is not a current fee amount to compare against.
December 13, 2022 Regular Meeting of the Lindsay City Council
FINANCE & ADMINISTRATION FEES
# Description
Current Fee/Charge Notes Full Cost
Subsidy % Suggested Fee Fee Δ
1 Application Fee $30.00 One Time Fee $73.12 0% $73.00 $43 2 CASP FEE $4.00 Renewal NA NA $4.00 $03 Classification A $10 minimum - $30 maximum Gross Receipts/Quarterly NA NA $10 minimum - $30 maximum $0 4 Classification B $10 minimum - $50 maximum Gross Receipts/Quarterly NA NA $10 minimum - $50 maximum $05 Classification C $10 minimum - $217 maximum Gross Receipts/Quarterly NA NA $10 minimum - $217 maximum $0 6 Classification D $10 minimum - $124 maximum Gross Receipts/Quarterly NA NA $10 minimum - $124 maximum $07 Farmers Market $30.00 Annual NA NA $30.00 $08 Vehicles with no fixed Location $15.00 Semi-Annual NA NA $15.00 $09 Contractors $50.00 Semi-Annual NA NA $50.00 $0 10 Sub-Contractors $30.00 Semi-Annual NA NA $30.00 $011 ONE Day $7.00 Special Events NA NA $7.00 $012 Department Inspection Fee New Business, Applicant & Location requires Fire & Building inspection fee13 Fire $100.00 $151.71 1% $150.00 $50 14 Building $100.00 $148.43 0% $148.00 $48
15 Credit Card Convenience Fee New NA NA $2.95 NA16 General Copy Fee $0.10 $0.25 60% $0.10 $017 Yard Sale $5.00 $16.43 3% $16.00 $11 City of Lindsay 22 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 209
BUILDING FEES
# Description
Current Fee/Charge Unit Notes Full Cost
Subsidy % Suggested Fee Fee Δ
1 FLAT RATES MISCELLANEOUS2 HVAC unit $435.00 $479.90 0% $479.00 $443 Building sewer $320.00 $349.33 0% $349.00 $294 Demolition $295.00 $305.80 0% $305.00 $105 Electrical Service (<200 amp) $295.00 $305.80 0% $305.00 $106 Evaporative cooler $230.00 $262.28 0% $262.00 $327 Excavation/Encroachment of Right of Way (Includes 2 inspections) $380.00 $392.85 0% $392.00 $128 Utility Company Annual Encroachment of Right of Way $1,060.00 $1,089.23 0% $1,089.00 $29 9 Septic tank abandonment $260.00 $305.80 0% $305.00 $4510 Signs (No Electrical) $410.00 $460.06 0% $460.00 $50 11 Signs (Electrical) $535.00 $590.63 0% $590.00 $5512 Above-ground swimming pool $535.00 $697.52 0% $697.00 $16213 Temporary power service $310.00 $305.80 0% $305.00 -$514 Tub/Shower $360.00 $349.33 0% $349.00 -$1115 Wall furnace $360.00 $349.33 0% $349.00 -$1116 Water heater $360.00 $349.33 0% $349.00 -$11 17 Patio and carport $485.00 $590.63 0% $590.00 $10518 Reroof single family residential $385.00 $392.85 0% $392.00 $7 19 Reroof multifamily/commercial (per building) $585.00 $610.47 0% $610.00 $2520 Water Softener New $349.33 0% $349.00 NA21 Residential window replacement New $329.49 0% $329.00 NA22 Residential wood fence install/replacement New $175.23 0% $175.00 NA23 Temporary Storage POD Encroachment Permit (30 Days max) New $333.33 0% $333.00 NA24 OTHER INSPECTION FEES25 Special inspections (Compliance) $105 per hour minimum 2 hour $210.00 $354.83 0% $354.00 $14426 Re-inspection fees $105.00 $130.57 0% $130.00 $2527 ELECTRICAL PERMIT FEES Work without Permit 2x Permit Fees each applicable category 28 Permit fee See Attachment A NA NA See Attachment A NA 29 Residential Rooms w/ receptacles/outlets New per room $43.52 1% $43.00 NA 30 Commercial Rooms w/receptables/outlets New per room $87.05 0% $87.00 NA 31 Electric meter up to 200 amp $250.00 $305.80 0% $305.00 $5532 Photovoltaic System Set by Assembly Bill AB1414 & Shall remain in effect until 1-1-25) 33 Residential 1-15 Kilowatts $500.00 each NA NA $450.00 -$50 34 Residential for each kilowatt above 15 kw $15.00 per kw NA NA $15.00 $0 35 Commercial 1-50 Kilowatts $1,000.00 each NA NA $1,000.00 $0 36 Commercial for each kilowatt between 51 kw and 250 kw $7.00 per kw NA NA $7.00 $037 Commercial for each kilowatt above 250 kw $5.00 per kw NA NA $5.00 $0 City of Lindsay 23 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 210
BUILDING FEES
# Description
Current Fee/Charge Unit Notes Full Cost
Subsidy % Suggested Fee Fee Δ
38 PLUMBING PERMIT FEES39 Permit fee See Attachment A NA NA See Attachment A NA 40 Water heater and/or vent $125.00 $131.71 1% $131.00 $641 Gas piping one to five outlets $125.00 $131.71 1% $131.00 $642 Each additional gas piping, per outlet $40.00 $43.52 1% $43.00 $343 Water piping $30.00 $87.05 0% $87.00 $5744 Building sewer and each trailer park sewer $60.00 $43.52 1% $43.00 -$1745 Room w/fixtures $30.00 $43.52 1% $43.00 $1346 Grease trap $125.00 $130.57 0% $130.00 $547 Landscape sprinkler system. New MWELO (<2,500 sq. ft Landscape Area) $250.00 $305.80 0% $305.00 $5548 Landscape sprinkler system. New MWELO (>2,500 sq. ft Landscape Area) $500.00 $392.85 0% $392.00 -$10849 Fire & Hood Suppression/Alarm System/Detection System 50 Residential Fire Sprinkler System $300.00 $218.75 0% $218.00 -$8251 Commercial Fire Sprinkler System New $479.90 0% $479.00 NA52 Protection Devices53 Residential Backflow Preventer or Vacuum Breakers $175.00 $175.23 0% $175.00 $054 Commercial Backflow Preventer or Vacuum Breakers $285.00 $175.23 0% $175.00 -$11055 MECHANICAL PERMIT FEES56 Permit fee See Attachment A NA NA See Attachment A NA 57 Wall furnace/HVAC $125.00 $130.57 0% $130.00 $558 Fan ventilation $30.00 $43.52 1% $43.00 $1359 Duct system $30.00 $43.52 1% $43.00 $1360 Hood (including duct) $30.00 $43.52 1% $43.00 $13 City of Lindsay 24 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 211 Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee 1 500 80.00 1 500 285.77 0.00
501 600 83.99 501 600 300.03 0.00
601 700 87.99 601 700 314.29 0.00
701 800 91.98 701 800 328.56 0.00
801 900 95.97 801 900 342.82 0.00
901 1,000 99.96 901 1,000 357.08 0.00
1,001 1,100 103.96 67.57 1,001 1,100 371.34 241.37
1,101 1,200 107.95 70.16 1,101 1,200 385.60 250.63
1,201 1,300 111.94 72.76 1,201 1,300 399.87 259.90
1,301 1,400 115.93 75.35 1,301 1,400 414.13 269.16
1,401 1,500 119.93 77.94 1,401 1,500 428.39 278.42
1,501 1,600 123.92 80.54 1,501 1,600 442.65 287.69
1,601 1,700 127.91 83.13 1,601 1,700 456.91 296.95
1,701 1,800 131.90 85.72 1,701 1,800 471.17 306.21
1,801 1,900 135.90 88.32 1,801 1,900 485.44 315.47
1,901 2,000 139.89 90.91 1,901 2,000 499.70 324.74
2,001 3,000 143.88 93.50 2,001 3,000 513.96 334.00
3,001 4,000 147.87 96.09 3,001 4,000 528.22 343.26
4,001 5,000 151.87 98.69 4,001 5,000 542.48 352.53
5,001 6,000 155.86 101.28 5,001 6,000 556.74 361.79
6,001 7,000 159.85 103.87 6,001 7,000 571.01 371.05
7,001 8,000 163.84 106.47 7,001 8,000 585.27 380.31
8,001 9,000 167.84 109.06 8,001 9,000 599.53 389.58
9,001 10,000 171.83 111.65 9,001 10,000 613.79 398.84
10,001 11,000 175.82 114.25 10,001 11,000 628.05 408.10 11,001 12,000 179.81 116.84 11,001 12,000 642.32 417.37 12,001 13,000 183.81 119.43 12,001 13,000 656.58 426.63 13,001 14,000 187.80 122.03 13,001 14,000 670.84 435.89 14,001 15,000 191.79 124.62 14,001 15,000 685.10 445.15 15,001 16,000 195.78 127.21 15,001 16,000 699.36 454.42 16,001 17,000 199.78 129.80 16,001 17,000 713.62 463.68 17,001 18,000 203.77 132.40 17,001 18,000 727.89 472.94 18,001 19,000 207.76 134.99 18,001 19,000 742.15 482.21 19,001 20,000 211.75 137.58 19,001 20,000 756.41 491.47 20,001 21,000 215.75 140.18 20,001 21,000 770.67 500.73 21,001 22,000 219.74 142.77 21,001 22,000 784.93 509.99 22,001 23,000 223.73 145.36 22,001 23,000 799.20 519.26 23,001 24,000 227.72 147.96 23,001 24,000 813.46 528.52 24,001 25,000 231.72 150.55 24,001 25,000 827.72 537.78 25,001 26,000 235.71 153.14 25,001 26,000 841.98 547.05 26,001 27,000 239.70 155.74 26,001 27,000 856.24 556.31 27,001 28,000 243.69 158.33 27,001 28,000 870.50 565.57 28,001 29,000 247.69 160.92 28,001 29,000 884.77 574.83 29,001 30,000 251.68 163.51 29,001 30,000 899.03 584.10 30,001 31,000 255.67 166.11 30,001 31,000 913.29 593.36 31,001 32,000 259.66 168.70 31,001 32,000 927.55 602.62 32,001 33,000 263.66 171.29 32,001 33,000 941.81 611.88 33,001 34,000 267.65 173.89 33,001 34,000 956.08 621.15 34,001 35,000 271.64 176.48 34,001 35,000 970.34 630.41 35,001 36,000 275.63 179.07 35,001 36,000 984.60 639.67 36,001 37,000 279.63 181.67 36,001 37,000 998.86 648.94 37,001 38,000 283.62 184.26 37,001 38,000 1,013.12 658.20 38,001 39,000 287.61 186.85 38,001 39,000 1,027.38 667.46 39,001 40,000 291.60 189.45 39,001 40,000 1,041.65 676.72 40,001 41,000 295.60 192.04 40,001 41,000 1,055.91 685.99 41,001 42,000 299.59 194.63 41,001 42,000 1,070.17 695.25 42,001 43,000 303.58 197.22 42,001 43,000 1,084.43 704.51 43,001 44,000 307.57 199.82 43,001 44,000 1,098.69 713.78 44,001 45,000 311.57 202.41 44,001 45,000 1,112.96 723.04 45,001 46,000 315.56 205.00 45,001 46,000 1,127.22 732.30 46,001 47,000 319.55 207.60 46,001 47,000 1,141.48 741.56 47,001 48,000 323.54 210.19 47,001 48,000 1,155.74 750.83 48,001 49,000 327.54 212.78 48,001 49,000 1,170.00 760.09 49,001 50,000 331.53 215.38 49,001 50,000 1,184.26 769.35 50,001 51,000 335.52 217.97 50,001 51,000 1,198.53 778.62 51,001 52,000 339.51 220.56 51,001 52,000 1,212.79 787.88 52,001 53,000 343.51 223.16 52,001 53,000 1,227.05 797.14 53,001 54,000 347.50 225.75 53,001 54,000 1,241.31 806.40 54,001 55,000 351.49 228.34 54,001 55,000 1,255.57 815.67 55,001 56,000 355.48 230.93 55,001 56,000 1,269.84 824.93 56,001 57,000 359.48 233.53 56,001 57,000 1,284.10 834.19 57,001 58,000 363.47 236.12 57,001 58,000 1,298.36 843.46 58,001 59,000 367.46 238.71 58,001 59,000 1,312.62 852.72 59,001 60,000 371.45 241.31 59,001 60,000 1,326.88 861.98 60,001 61,000 375.45 243.90 60,001 61,000 1,341.14 871.24 61,001 62,000 379.44 246.49 61,001 62,000 1,355.41 880.51 62,001 63,000 383.43 249.09 62,001 63,000 1,369.67 889.77 63,001 64,000 387.42 251.68 63,001 64,000 1,383.93 899.03 64,001 65,000 391.42 254.27 64,001 65,000 1,398.19 908.30 65,001 66,000 395.41 256.87 65,001 66,000 1,412.45 917.56 66,001 67,000 399.40 259.46 66,001 67,000 1,426.72 926.82 67,001 68,000 403.39 262.05 67,001 68,000 1,440.98 936.08 68,001 69,000 407.39 264.64 68,001 69,000 1,455.24 945.35 69,001 70,000 411.38 267.24 69,001 70,000 1,469.50 954.61 70,001 71,000 415.37 269.83 70,001 71,000 1,483.76 963.87 71,001 72,000 419.36 272.42 71,001 72,000 1,498.02 973.14 72,001 73,000 423.36 275.02 72,001 73,000 1,512.29 982.40 73,001 74,000 427.35 277.61 73,001 74,000 1,526.55 991.66 Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
City of Lindsay 25 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
74,001 75,000 431.34 280.20 74,001 75,000 1,540.81 1,000.92 75,001 76,000 435.33 282.80 75,001 76,000 1,555.07 1,010.19 76,001 77,000 439.33 285.39 76,001 77,000 1,569.33 1,019.45 77,001 78,000 443.32 287.98 77,001 78,000 1,583.60 1,028.71 78,001 79,000 447.31 290.58 78,001 79,000 1,597.86 1,037.97 79,001 80,000 451.30 293.17 79,001 80,000 1,612.12 1,047.24 80,001 81,000 455.30 295.76 80,001 81,000 1,626.38 1,056.50 81,001 82,000 459.29 298.35 81,001 82,000 1,640.64 1,065.76 82,001 83,000 463.28 300.95 82,001 83,000 1,654.90 1,075.03 83,001 84,000 467.27 303.54 83,001 84,000 1,669.17 1,084.29 84,001 85,000 471.27 306.13 84,001 85,000 1,683.43 1,093.55 85,001 86,000 475.26 308.73 85,001 86,000 1,697.69 1,102.81 86,001 87,000 479.25 311.32 86,001 87,000 1,711.95 1,112.08 87,001 88,000 483.24 313.91 87,001 88,000 1,726.21 1,121.34 88,001 89,000 487.24 316.51 88,001 89,000 1,740.47 1,130.60 89,001 90,000 491.23 319.10 89,001 90,000 1,754.74 1,139.87 90,001 91,000 495.22 321.69 90,001 91,000 1,769.00 1,149.13 91,001 92,000 499.21 324.29 91,001 92,000 1,783.26 1,158.39 92,001 93,000 503.21 326.88 92,001 93,000 1,797.52 1,167.65 93,001 94,000 507.20 329.47 93,001 94,000 1,811.78 1,176.92 94,001 95,000 511.19 332.06 94,001 95,000 1,826.05 1,186.18 95,001 96,000 515.18 334.66 95,001 96,000 1,840.31 1,195.44 96,001 97,000 519.18 337.25 96,001 97,000 1,854.57 1,204.71 97,001 98,000 523.17 339.84 97,001 98,000 1,868.83 1,213.97 98,001 99,000 527.16 342.44 98,001 99,000 1,883.09 1,223.23 99,001 100,000 531.15 345.03 99,001 100,000 1,897.35 1,232.49 100,001 101,000 535.15 347.62 100,001 101,000 1,911.62 1,241.76 101,001 102,000 539.14 350.22 101,001 102,000 1,925.88 1,251.02 102,001 103,000 543.13 352.81 102,001 103,000 1,940.14 1,260.28 103,001 104,000 547.12 355.40 103,001 104,000 1,954.40 1,269.55 104,001 105,000 551.12 358.00 104,001 105,000 1,968.66 1,278.81 105,001 106,000 555.11 360.59 105,001 106,000 1,982.93 1,288.07 106,001 107,000 559.10 363.18 106,001 107,000 1,997.19 1,297.33 107,001 108,000 563.09 365.78 107,001 108,000 2,011.45 1,306.60 108,001 109,000 567.09 368.37 108,001 109,000 2,025.71 1,315.86 109,001 110,000 571.08 370.96 109,001 110,000 2,039.97 1,325.12 110,001 111,000 575.07 373.55 110,001 111,000 2,054.23 1,334.39 111,001 112,000 579.07 376.15 111,001 112,000 2,068.50 1,343.65 112,001 113,000 583.06 378.74 112,001 113,000 2,082.76 1,352.91 113,001 114,000 587.05 381.33 113,001 114,000 2,097.02 1,362.17 114,001 115,000 591.04 383.93 114,001 115,000 2,111.28 1,371.44 115,001 116,000 595.04 386.52 115,001 116,000 2,125.54 1,380.70 116,001 117,000 599.03 389.11 116,001 117,000 2,139.81 1,389.96 117,001 118,000 603.02 391.71 117,001 118,000 2,154.07 1,399.22 118,001 119,000 607.01 394.30 118,001 119,000 2,168.33 1,408.49 119,001 120,000 611.01 396.89 119,001 120,000 2,182.59 1,417.75 120,001 121,000 615.00 399.49 120,001 121,000 2,196.85 1,427.01 121,001 122,000 618.99 402.08 121,001 122,000 2,211.11 1,436.28 122,001 123,000 622.98 404.67 122,001 123,000 2,225.38 1,445.54 123,001 124,000 626.98 407.26 123,001 124,000 2,239.64 1,454.80 124,001 125,000 630.97 409.86 124,001 125,000 2,253.90 1,464.06 125,001 126,000 634.96 412.45 125,001 126,000 2,268.16 1,473.33 126,001 127,000 638.95 415.04 126,001 127,000 2,282.42 1,482.59 127,001 128,000 642.95 417.64 127,001 128,000 2,296.69 1,491.85 128,001 129,000 646.94 420.23 128,001 129,000 2,310.95 1,501.12 129,001 130,000 650.93 422.82 129,001 130,000 2,325.21 1,510.38 130,001 131,000 654.92 425.42 130,001 131,000 2,339.47 1,519.64 131,001 132,000 658.92 428.01 131,001 132,000 2,353.73 1,528.90 132,001 133,000 662.91 430.60 132,001 133,000 2,367.99 1,538.17 133,001 134,000 666.90 433.20 133,001 134,000 2,382.26 1,547.43 134,001 135,000 670.89 435.79 134,001 135,000 2,396.52 1,556.69 135,001 136,000 674.89 438.38 135,001 136,000 2,410.78 1,565.96 136,001 137,000 678.88 440.97 136,001 137,000 2,425.04 1,575.22 137,001 138,000 682.87 443.57 137,001 138,000 2,439.30 1,584.48 138,001 139,000 686.86 446.16 138,001 139,000 2,453.57 1,593.74 139,001 140,000 690.86 448.75 139,001 140,000 2,467.83 1,603.01 140,001 141,000 694.85 451.35 140,001 141,000 2,482.09 1,612.27 141,001 142,000 698.84 453.94 141,001 142,000 2,496.35 1,621.53 142,001 143,000 702.83 456.53 142,001 143,000 2,510.61 1,630.80 143,001 144,000 706.83 459.13 143,001 144,000 2,524.87 1,640.06 144,001 145,000 710.82 461.72 144,001 145,000 2,539.14 1,649.32 145,001 146,000 714.81 464.31 145,001 146,000 2,553.40 1,658.58 146,001 147,000 718.80 466.91 146,001 147,000 2,567.66 1,667.85 147,001 148,000 722.80 469.50 147,001 148,000 2,581.92 1,677.11 148,001 149,000 726.79 472.09 148,001 149,000 2,596.18 1,686.37 149,001 150,000 730.78 474.68 149,001 150,000 2,610.45 1,695.64 150,001 151,000 734.77 477.28 150,001 151,000 2,624.71 1,704.90 151,001 152,000 738.77 479.87 151,001 152,000 2,638.97 1,714.16 152,001 153,000 742.76 482.46 152,001 153,000 2,653.23 1,723.42 153,001 154,000 746.75 485.06 153,001 154,000 2,667.49 1,732.69 154,001 155,000 750.74 487.65 154,001 155,000 2,681.75 1,741.95 155,001 156,000 754.74 490.24 155,001 156,000 2,696.02 1,751.21 156,001 157,000 758.73 492.84 156,001 157,000 2,710.28 1,760.48 157,001 158,000 762.72 495.43 157,001 158,000 2,724.54 1,769.74 158,001 159,000 766.71 498.02 158,001 159,000 2,738.80 1,779.00 159,001 160,000 770.71 500.62 159,001 160,000 2,753.06 1,788.26 160,001 161,000 774.70 503.21 160,001 161,000 2,767.33 1,797.53 161,001 162,000 778.69 505.80 161,001 162,000 2,781.59 1,806.79 City of Lindsay 26 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
162,001 163,000 782.68 508.39 162,001 163,000 2,795.85 1,816.05 163,001 164,000 786.68 510.99 163,001 164,000 2,810.11 1,825.31 164,001 165,000 790.67 513.58 164,001 165,000 2,824.37 1,834.58 165,001 166,000 794.66 516.17 165,001 166,000 2,838.63 1,843.84 166,001 167,000 798.65 518.77 166,001 167,000 2,852.90 1,853.10 167,001 168,000 802.65 521.36 167,001 168,000 2,867.16 1,862.37 168,001 169,000 806.64 523.95 168,001 169,000 2,881.42 1,871.63 169,001 170,000 810.63 526.55 169,001 170,000 2,895.68 1,880.89 170,001 171,000 814.62 529.14 170,001 171,000 2,909.94 1,890.15 171,001 172,000 818.62 531.73 171,001 172,000 2,924.21 1,899.42 172,001 173,000 822.61 534.33 172,001 173,000 2,938.47 1,908.68 173,001 174,000 826.60 536.92 173,001 174,000 2,952.73 1,917.94 174,001 175,000 830.59 539.51 174,001 175,000 2,966.99 1,927.21 175,001 176,000 834.59 542.10 175,001 176,000 2,981.25 1,936.47 176,001 177,000 838.58 544.70 176,001 177,000 2,995.51 1,945.73 177,001 178,000 842.57 547.29 177,001 178,000 3,009.78 1,954.99 178,001 179,000 846.56 549.88 178,001 179,000 3,024.04 1,964.26 179,001 180,000 850.56 552.48 179,001 180,000 3,038.30 1,973.52 180,001 181,000 854.55 555.07 180,001 181,000 3,052.56 1,982.78 181,001 182,000 858.54 557.66 181,001 182,000 3,066.82 1,992.05 182,001 183,000 862.53 560.26 182,001 183,000 3,081.08 2,001.31 183,001 184,000 866.53 562.85 183,001 184,000 3,095.35 2,010.57 184,001 185,000 870.52 565.44 184,001 185,000 3,109.61 2,019.83 185,001 186,000 874.51 568.04 185,001 186,000 3,123.87 2,029.10 186,001 187,000 878.50 570.63 186,001 187,000 3,138.13 2,038.36 187,001 188,000 882.50 573.22 187,001 188,000 3,152.39 2,047.62 188,001 189,000 886.49 575.81 188,001 189,000 3,166.66 2,056.89 189,001 190,000 890.48 578.41 189,001 190,000 3,180.92 2,066.15 190,001 191,000 894.47 581.00 190,001 191,000 3,195.18 2,075.41 191,001 192,000 898.47 583.59 191,001 192,000 3,209.44 2,084.67 192,001 193,000 902.46 586.19 192,001 193,000 3,223.70 2,093.94 193,001 194,000 906.45 588.78 193,001 194,000 3,237.96 2,103.20 194,001 195,000 910.44 591.37 194,001 195,000 3,252.23 2,112.46 195,001 196,000 914.44 593.97 195,001 196,000 3,266.49 2,121.73 196,001 197,000 918.43 596.56 196,001 197,000 3,280.75 2,130.99 197,001 198,000 922.42 599.15 197,001 198,000 3,295.01 2,140.25 198,001 199,000 926.41 601.75 198,001 199,000 3,309.27 2,149.51 199,001 200,000 930.41 604.34 199,001 200,000 3,323.54 2,158.78 200,001 201,000 934.40 606.93 200,001 201,000 3,337.80 2,168.04 201,001 202,000 938.39 609.52 201,001 202,000 3,352.06 2,177.30 202,001 203,000 942.38 612.12 202,001 203,000 3,366.32 2,186.56 203,001 204,000 946.38 614.71 203,001 204,000 3,380.58 2,195.83 204,001 205,000 950.37 617.30 204,001 205,000 3,394.84 2,205.09 205,001 206,000 954.36 619.90 205,001 206,000 3,409.11 2,214.35 206,001 207,000 958.35 622.49 206,001 207,000 3,423.37 2,223.62 207,001 208,000 962.35 625.08 207,001 208,000 3,437.63 2,232.88 208,001 209,000 966.34 627.68 208,001 209,000 3,451.89 2,242.14 209,001 210,000 970.33 630.27 209,001 210,000 3,466.15 2,251.40 210,001 211,000 974.32 632.86 210,001 211,000 3,480.42 2,260.67 211,001 212,000 978.32 635.46 211,001 212,000 3,494.68 2,269.93 212,001 213,000 982.31 638.05 212,001 213,000 3,508.94 2,279.19 213,001 214,000 986.30 640.64 213,001 214,000 3,523.20 2,288.46 214,001 215,000 990.29 643.23 214,001 215,000 3,537.46 2,297.72 215,001 216,000 994.29 645.83 215,001 216,000 3,551.72 2,306.98 216,001 217,000 998.28 648.42 216,001 217,000 3,565.99 2,316.24 217,001 218,000 1,002.27 651.01 217,001 218,000 3,580.25 2,325.51 218,001 219,000 1,006.26 653.61 218,001 219,000 3,594.51 2,334.77 219,001 220,000 1,010.26 656.20 219,001 220,000 3,608.77 2,344.03 220,001 221,000 1,014.25 658.79 220,001 221,000 3,623.03 2,353.30 221,001 222,000 1,018.24 661.39 221,001 222,000 3,637.30 2,362.56 222,001 223,000 1,022.23 663.98 222,001 223,000 3,651.56 2,371.82 223,001 224,000 1,026.23 666.57 223,001 224,000 3,665.82 2,381.08 224,001 225,000 1,030.22 669.17 224,001 225,000 3,680.08 2,390.35 225,001 226,000 1,034.21 671.76 225,001 226,000 3,694.34 2,399.61 226,001 227,000 1,038.20 674.35 226,001 227,000 3,708.60 2,408.87 227,001 228,000 1,042.20 676.94 227,001 228,000 3,722.87 2,418.14 228,001 229,000 1,046.19 679.54 228,001 229,000 3,737.13 2,427.40 229,001 230,000 1,050.18 682.13 229,001 230,000 3,751.39 2,436.66 230,001 231,000 1,054.17 684.72 230,001 231,000 3,765.65 2,445.92 231,001 232,000 1,058.17 687.32 231,001 232,000 3,779.91 2,455.19 232,001 233,000 1,062.16 689.91 232,001 233,000 3,794.18 2,464.45 233,001 234,000 1,066.15 692.50 233,001 234,000 3,808.44 2,473.71 234,001 235,000 1,070.14 695.10 234,001 235,000 3,822.70 2,482.98 235,001 236,000 1,074.14 697.69 235,001 236,000 3,836.96 2,492.24 236,001 237,000 1,078.13 700.28 236,001 237,000 3,851.22 2,501.50 237,001 238,000 1,082.12 702.88 237,001 238,000 3,865.48 2,510.76 238,001 239,000 1,086.12 705.47 238,001 239,000 3,879.75 2,520.03 239,001 240,000 1,090.11 708.06 239,001 240,000 3,894.01 2,529.29 240,001 241,000 1,094.10 710.65 240,001 241,000 3,908.27 2,538.55 241,001 242,000 1,098.09 713.25 241,001 242,000 3,922.53 2,547.82 242,001 243,000 1,102.09 715.84 242,001 243,000 3,936.79 2,557.08 243,001 244,000 1,106.08 718.43 243,001 244,000 3,951.06 2,566.34 244,001 245,000 1,110.07 721.03 244,001 245,000 3,965.32 2,575.60 245,001 246,000 1,114.06 723.62 245,001 246,000 3,979.58 2,584.87 246,001 247,000 1,118.06 726.21 246,001 247,000 3,993.84 2,594.13 247,001 248,000 1,122.05 728.81 247,001 248,000 4,008.10 2,603.39 248,001 249,000 1,126.04 731.40 248,001 249,000 4,022.36 2,612.65 249,001 250,000 1,130.03 733.99 249,001 250,000 4,036.63 2,621.92 City of Lindsay 27 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
250,001 251,000 1,134.03 736.59 250,001 251,000 4,050.89 2,631.18 251,001 252,000 1,138.02 739.18 251,001 252,000 4,065.15 2,640.44 252,001 253,000 1,142.01 741.77 252,001 253,000 4,079.41 2,649.71 253,001 254,000 1,146.00 744.36 253,001 254,000 4,093.67 2,658.97 254,001 255,000 1,150.00 746.96 254,001 255,000 4,107.94 2,668.23 255,001 256,000 1,153.99 749.55 255,001 256,000 4,122.20 2,677.49 256,001 257,000 1,157.98 752.14 256,001 257,000 4,136.46 2,686.76 257,001 258,000 1,161.97 754.74 257,001 258,000 4,150.72 2,696.02 258,001 259,000 1,165.97 757.33 258,001 259,000 4,164.98 2,705.28 259,001 260,000 1,169.96 759.92 259,001 260,000 4,179.24 2,714.55 260,001 261,000 1,173.95 762.52 260,001 261,000 4,193.51 2,723.81 261,001 262,000 1,177.94 765.11 261,001 262,000 4,207.77 2,733.07 262,001 263,000 1,181.94 767.70 262,001 263,000 4,222.03 2,742.33 263,001 264,000 1,185.93 770.30 263,001 264,000 4,236.29 2,751.60 264,001 265,000 1,189.92 772.89 264,001 265,000 4,250.55 2,760.86 265,001 266,000 1,193.91 775.48 265,001 266,000 4,264.82 2,770.12 266,001 267,000 1,197.91 778.07 266,001 267,000 4,279.08 2,779.39 267,001 268,000 1,201.90 780.67 267,001 268,000 4,293.34 2,788.65 268,001 269,000 1,205.89 783.26 268,001 269,000 4,307.60 2,797.91 269,001 270,000 1,209.88 785.85 269,001 270,000 4,321.86 2,807.17 270,001 271,000 1,213.88 788.45 270,001 271,000 4,336.12 2,816.44 271,001 272,000 1,217.87 791.04 271,001 272,000 4,350.39 2,825.70 272,001 273,000 1,221.86 793.63 272,001 273,000 4,364.65 2,834.96 273,001 274,000 1,225.85 796.23 273,001 274,000 4,378.91 2,844.23 274,001 275,000 1,229.85 798.82 274,001 275,000 4,393.17 2,853.49 275,001 276,000 1,233.84 801.41 275,001 276,000 4,407.43 2,862.75 276,001 277,000 1,237.83 804.01 276,001 277,000 4,421.69 2,872.01 277,001 278,000 1,241.82 806.60 277,001 278,000 4,435.96 2,881.28 278,001 279,000 1,245.82 809.19 278,001 279,000 4,450.22 2,890.54 279,001 280,000 1,249.81 811.78 279,001 280,000 4,464.48 2,899.80 280,001 281,000 1,253.80 814.38 280,001 281,000 4,478.74 2,909.07 281,001 282,000 1,257.79 816.97 281,001 282,000 4,493.00 2,918.33 282,001 283,000 1,261.79 819.56 282,001 283,000 4,507.27 2,927.59 283,001 284,000 1,265.78 822.16 283,001 284,000 4,521.53 2,936.85 284,001 285,000 1,269.77 824.75 284,001 285,000 4,535.79 2,946.12 285,001 286,000 1,273.76 827.34 285,001 286,000 4,550.05 2,955.38 286,001 287,000 1,277.76 829.94 286,001 287,000 4,564.31 2,964.64 287,001 288,000 1,281.75 832.53 287,001 288,000 4,578.57 2,973.90 288,001 289,000 1,285.74 835.12 288,001 289,000 4,592.84 2,983.17 289,001 290,000 1,289.73 837.72 289,001 290,000 4,607.10 2,992.43 290,001 291,000 1,293.73 840.31 290,001 291,000 4,621.36 3,001.69 291,001 292,000 1,297.72 842.90 291,001 292,000 4,635.62 3,010.96 292,001 293,000 1,301.71 845.49 292,001 293,000 4,649.88 3,020.22 293,001 294,000 1,305.70 848.09 293,001 294,000 4,664.15 3,029.48 294,001 295,000 1,309.70 850.68 294,001 295,000 4,678.41 3,038.74 295,001 296,000 1,313.69 853.27 295,001 296,000 4,692.67 3,048.01 296,001 297,000 1,317.68 855.87 296,001 297,000 4,706.93 3,057.27 297,001 298,000 1,321.67 858.46 297,001 298,000 4,721.19 3,066.53 298,001 299,000 1,325.67 861.05 298,001 299,000 4,735.45 3,075.80 299,001 300,000 1,329.66 863.65 299,001 300,000 4,749.72 3,085.06 300,001 301,000 1,333.65 866.24 300,001 301,000 4,763.98 3,094.32 301,001 302,000 1,337.64 868.83 301,001 302,000 4,778.24 3,103.58 302,001 303,000 1,341.64 871.43 302,001 303,000 4,792.50 3,112.85 303,001 304,000 1,345.63 874.02 303,001 304,000 4,806.76 3,122.11 304,001 305,000 1,349.62 876.61 304,001 305,000 4,821.03 3,131.37 305,001 306,000 1,353.61 879.20 305,001 306,000 4,835.29 3,140.64 306,001 307,000 1,357.61 881.80 306,001 307,000 4,849.55 3,149.90 307,001 308,000 1,361.60 884.39 307,001 308,000 4,863.81 3,159.16 308,001 309,000 1,365.59 886.98 308,001 309,000 4,878.07 3,168.42 309,001 310,000 1,369.58 889.58 309,001 310,000 4,892.33 3,177.69 310,001 311,000 1,373.58 892.17 310,001 311,000 4,906.60 3,186.95 311,001 312,000 1,377.57 894.76 311,001 312,000 4,920.86 3,196.21 312,001 313,000 1,381.56 897.36 312,001 313,000 4,935.12 3,205.48 313,001 314,000 1,385.55 899.95 313,001 314,000 4,949.38 3,214.74 314,001 315,000 1,389.55 902.54 314,001 315,000 4,963.64 3,224.00 315,001 316,000 1,393.54 905.14 315,001 316,000 4,977.91 3,233.26 316,001 317,000 1,397.53 907.73 316,001 317,000 4,992.17 3,242.53 317,001 318,000 1,401.52 910.32 317,001 318,000 5,006.43 3,251.79 318,001 319,000 1,405.52 912.91 318,001 319,000 5,020.69 3,261.05 319,001 320,000 1,409.51 915.51 319,001 320,000 5,034.95 3,270.32 320,001 321,000 1,413.50 918.10 320,001 321,000 5,049.21 3,279.58 321,001 322,000 1,417.49 920.69 321,001 322,000 5,063.48 3,288.84 322,001 323,000 1,421.49 923.29 322,001 323,000 5,077.74 3,298.10 323,001 324,000 1,425.48 925.88 323,001 324,000 5,092.00 3,307.37 324,001 325,000 1,429.47 928.47 324,001 325,000 5,106.26 3,316.63 325,001 326,000 1,433.46 931.07 325,001 326,000 5,120.52 3,325.89 326,001 327,000 1,437.46 933.66 326,001 327,000 5,134.79 3,335.16 327,001 328,000 1,441.45 936.25 327,001 328,000 5,149.05 3,344.42 328,001 329,000 1,445.44 938.85 328,001 329,000 5,163.31 3,353.68 329,001 330,000 1,449.43 941.44 329,001 330,000 5,177.57 3,362.94 330,001 331,000 1,453.43 944.03 330,001 331,000 5,191.83 3,372.21 331,001 332,000 1,457.42 946.62 331,001 332,000 5,206.09 3,381.47 332,001 333,000 1,461.41 949.22 332,001 333,000 5,220.36 3,390.73 333,001 334,000 1,465.40 951.81 333,001 334,000 5,234.62 3,399.99 334,001 335,000 1,469.40 954.40 334,001 335,000 5,248.88 3,409.26 335,001 336,000 1,473.39 957.00 335,001 336,000 5,263.14 3,418.52 336,001 337,000 1,477.38 959.59 336,001 337,000 5,277.40 3,427.78 337,001 338,000 1,481.37 962.18 337,001 338,000 5,291.67 3,437.05 City of Lindsay 28 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
338,001 339,000 1,485.37 964.78 338,001 339,000 5,305.93 3,446.31 339,001 340,000 1,489.36 967.37 339,001 340,000 5,320.19 3,455.57 340,001 341,000 1,493.35 969.96 340,001 341,000 5,334.45 3,464.83 341,001 342,000 1,497.34 972.56 341,001 342,000 5,348.71 3,474.10 342,001 343,000 1,501.34 975.15 342,001 343,000 5,362.97 3,483.36 343,001 344,000 1,505.33 977.74 343,001 344,000 5,377.24 3,492.62 344,001 345,000 1,509.32 980.33 344,001 345,000 5,391.50 3,501.89 345,001 346,000 1,513.31 982.93 345,001 346,000 5,405.76 3,511.15 346,001 347,000 1,517.31 985.52 346,001 347,000 5,420.02 3,520.41 347,001 348,000 1,521.30 988.11 347,001 348,000 5,434.28 3,529.67 348,001 349,000 1,525.29 990.71 348,001 349,000 5,448.55 3,538.94 349,001 350,000 1,529.28 993.30 349,001 350,000 5,462.81 3,548.20 350,001 351,000 1,533.28 995.89 350,001 351,000 5,477.07 3,557.46 351,001 352,000 1,537.27 998.49 351,001 352,000 5,491.33 3,566.73 352,001 353,000 1,541.26 1,001.08 352,001 353,000 5,505.59 3,575.99 353,001 354,000 1,545.25 1,003.67 353,001 354,000 5,519.85 3,585.25 354,001 355,000 1,549.25 1,006.27 354,001 355,000 5,534.12 3,594.51 355,001 356,000 1,553.24 1,008.86 355,001 356,000 5,548.38 3,603.78 356,001 357,000 1,557.23 1,011.45 356,001 357,000 5,562.64 3,613.04 357,001 358,000 1,561.22 1,014.05 357,001 358,000 5,576.90 3,622.30 358,001 359,000 1,565.22 1,016.64 358,001 359,000 5,591.16 3,631.57 359,001 360,000 1,569.21 1,019.23 359,001 360,000 5,605.43 3,640.83 360,001 361,000 1,573.20 1,021.82 360,001 361,000 5,619.69 3,650.09 361,001 362,000 1,577.20 1,024.42 361,001 362,000 5,633.95 3,659.35 362,001 363,000 1,581.19 1,027.01 362,001 363,000 5,648.21 3,668.62 363,001 364,000 1,585.18 1,029.60 363,001 364,000 5,662.47 3,677.88 364,001 365,000 1,589.17 1,032.20 364,001 365,000 5,676.73 3,687.14 365,001 366,000 1,593.17 1,034.79 365,001 366,000 5,691.00 3,696.41 366,001 367,000 1,597.16 1,037.38 366,001 367,000 5,705.26 3,705.67 367,001 368,000 1,601.15 1,039.98 367,001 368,000 5,719.52 3,714.93 368,001 369,000 1,605.14 1,042.57 368,001 369,000 5,733.78 3,724.19 369,001 370,000 1,609.14 1,045.16 369,001 370,000 5,748.04 3,733.46 370,001 371,000 1,613.13 1,047.76 370,001 371,000 5,762.30 3,742.72 371,001 372,000 1,617.12 1,050.35 371,001 372,000 5,776.57 3,751.98 372,001 373,000 1,621.11 1,052.94 372,001 373,000 5,790.83 3,761.24 373,001 374,000 1,625.11 1,055.53 373,001 374,000 5,805.09 3,770.51 374,001 375,000 1,629.10 1,058.13 374,001 375,000 5,819.35 3,779.77 375,001 376,000 1,633.09 1,060.72 375,001 376,000 5,833.61 3,789.03 376,001 377,000 1,637.08 1,063.31 376,001 377,000 5,847.88 3,798.30 377,001 378,000 1,641.08 1,065.91 377,001 378,000 5,862.14 3,807.56 378,001 379,000 1,645.07 1,068.50 378,001 379,000 5,876.40 3,816.82 379,001 380,000 1,649.06 1,071.09 379,001 380,000 5,890.66 3,826.08 380,001 381,000 1,653.05 1,073.69 380,001 381,000 5,904.92 3,835.35 381,001 382,000 1,657.05 1,076.28 381,001 382,000 5,919.18 3,844.61 382,001 383,000 1,661.04 1,078.87 382,001 383,000 5,933.45 3,853.87 383,001 384,000 1,665.03 1,081.47 383,001 384,000 5,947.71 3,863.14 384,001 385,000 1,669.02 1,084.06 384,001 385,000 5,961.97 3,872.40 385,001 386,000 1,673.02 1,086.65 385,001 386,000 5,976.23 3,881.66 386,001 387,000 1,677.01 1,089.24 386,001 387,000 5,990.49 3,890.92 387,001 388,000 1,681.00 1,091.84 387,001 388,000 6,004.76 3,900.19 388,001 389,000 1,684.99 1,094.43 388,001 389,000 6,019.02 3,909.45 389,001 390,000 1,688.99 1,097.02 389,001 390,000 6,033.28 3,918.71 390,001 391,000 1,692.98 1,099.62 390,001 391,000 6,047.54 3,927.98 391,001 392,000 1,696.97 1,102.21 391,001 392,000 6,061.80 3,937.24 392,001 393,000 1,700.96 1,104.80 392,001 393,000 6,076.06 3,946.50 393,001 394,000 1,704.96 1,107.40 393,001 394,000 6,090.33 3,955.76 394,001 395,000 1,708.95 1,109.99 394,001 395,000 6,104.59 3,965.03 395,001 396,000 1,712.94 1,112.58 395,001 396,000 6,118.85 3,974.29 396,001 397,000 1,716.93 1,115.18 396,001 397,000 6,133.11 3,983.55 397,001 398,000 1,720.93 1,117.77 397,001 398,000 6,147.37 3,992.82 398,001 399,000 1,724.92 1,120.36 398,001 399,000 6,161.64 4,002.08 399,001 400,000 1,728.91 1,122.95 399,001 400,000 6,175.90 4,011.34 400,001 401,000 1,732.90 1,125.55 400,001 401,000 6,190.16 4,020.60 401,001 402,000 1,736.90 1,128.14 401,001 402,000 6,204.42 4,029.87 402,001 403,000 1,740.89 1,130.73 402,001 403,000 6,218.68 4,039.13 403,001 404,000 1,744.88 1,133.33 403,001 404,000 6,232.94 4,048.39 404,001 405,000 1,748.87 1,135.92 404,001 405,000 6,247.21 4,057.66 405,001 406,000 1,752.87 1,138.51 405,001 406,000 6,261.47 4,066.92 406,001 407,000 1,756.86 1,141.11 406,001 407,000 6,275.73 4,076.18 407,001 408,000 1,760.85 1,143.70 407,001 408,000 6,289.99 4,085.44 408,001 409,000 1,764.84 1,146.29 408,001 409,000 6,304.25 4,094.71 409,001 410,000 1,768.84 1,148.89 409,001 410,000 6,318.52 4,103.97 410,001 411,000 1,772.83 1,151.48 410,001 411,000 6,332.78 4,113.23 411,001 412,000 1,776.82 1,154.07 411,001 412,000 6,347.04 4,122.50 412,001 413,000 1,780.81 1,156.66 412,001 413,000 6,361.30 4,131.76 413,001 414,000 1,784.81 1,159.26 413,001 414,000 6,375.56 4,141.02 414,001 415,000 1,788.80 1,161.85 414,001 415,000 6,389.82 4,150.28 415,001 416,000 1,792.79 1,164.44 415,001 416,000 6,404.09 4,159.55 416,001 417,000 1,796.78 1,167.04 416,001 417,000 6,418.35 4,168.81 417,001 418,000 1,800.78 1,169.63 417,001 418,000 6,432.61 4,178.07 418,001 419,000 1,804.77 1,172.22 418,001 419,000 6,446.87 4,187.33 419,001 420,000 1,808.76 1,174.82 419,001 420,000 6,461.13 4,196.60 420,001 421,000 1,812.75 1,177.41 420,001 421,000 6,475.40 4,205.86 421,001 422,000 1,816.75 1,180.00 421,001 422,000 6,489.66 4,215.12 422,001 423,000 1,820.74 1,182.60 422,001 423,000 6,503.92 4,224.39 423,001 424,000 1,824.73 1,185.19 423,001 424,000 6,518.18 4,233.65 424,001 425,000 1,828.72 1,187.78 424,001 425,000 6,532.44 4,242.91 425,001 426,000 1,832.72 1,190.37 425,001 426,000 6,546.70 4,252.17 City of Lindsay 29 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
426,001 427,000 1,836.71 1,192.97 426,001 427,000 6,560.97 4,261.44 427,001 428,000 1,840.70 1,195.56 427,001 428,000 6,575.23 4,270.70 428,001 429,000 1,844.69 1,198.15 428,001 429,000 6,589.49 4,279.96 429,001 430,000 1,848.69 1,200.75 429,001 430,000 6,603.75 4,289.23 430,001 431,000 1,852.68 1,203.34 430,001 431,000 6,618.01 4,298.49 431,001 432,000 1,856.67 1,205.93 431,001 432,000 6,632.28 4,307.75 432,001 433,000 1,860.66 1,208.53 432,001 433,000 6,646.54 4,317.01 433,001 434,000 1,864.66 1,211.12 433,001 434,000 6,660.80 4,326.28 434,001 435,000 1,868.65 1,213.71 434,001 435,000 6,675.06 4,335.54 435,001 436,000 1,872.64 1,216.31 435,001 436,000 6,689.32 4,344.80 436,001 437,000 1,876.63 1,218.90 436,001 437,000 6,703.58 4,354.07 437,001 438,000 1,880.63 1,221.49 437,001 438,000 6,717.85 4,363.33 438,001 439,000 1,884.62 1,224.08 438,001 439,000 6,732.11 4,372.59 439,001 440,000 1,888.61 1,226.68 439,001 440,000 6,746.37 4,381.85 440,001 441,000 1,892.60 1,229.27 440,001 441,000 6,760.63 4,391.12 441,001 442,000 1,896.60 1,231.86 441,001 442,000 6,774.89 4,400.38 442,001 443,000 1,900.59 1,234.46 442,001 443,000 6,789.16 4,409.64 443,001 444,000 1,904.58 1,237.05 443,001 444,000 6,803.42 4,418.91 444,001 445,000 1,908.57 1,239.64 444,001 445,000 6,817.68 4,428.17 445,001 446,000 1,912.57 1,242.24 445,001 446,000 6,831.94 4,437.43 446,001 447,000 1,916.56 1,244.83 446,001 447,000 6,846.20 4,446.69 447,001 448,000 1,920.55 1,247.42 447,001 448,000 6,860.46 4,455.96 448,001 449,000 1,924.54 1,250.02 448,001 449,000 6,874.73 4,465.22 449,001 450,000 1,928.54 1,252.61 449,001 450,000 6,888.99 4,474.48 450,001 451,000 1,932.53 1,255.20 450,001 451,000 6,903.25 4,483.75 451,001 452,000 1,936.52 1,257.79 451,001 452,000 6,917.51 4,493.01 452,001 453,000 1,940.51 1,260.39 452,001 453,000 6,931.77 4,502.27 453,001 454,000 1,944.51 1,262.98 453,001 454,000 6,946.03 4,511.53 454,001 455,000 1,948.50 1,265.57 454,001 455,000 6,960.30 4,520.80 455,001 456,000 1,952.49 1,268.17 455,001 456,000 6,974.56 4,530.06 456,001 457,000 1,956.48 1,270.76 456,001 457,000 6,988.82 4,539.32 457,001 458,000 1,960.48 1,273.35 457,001 458,000 7,003.08 4,548.59 458,001 459,000 1,964.47 1,275.95 458,001 459,000 7,017.34 4,557.85 459,001 460,000 1,968.46 1,278.54 459,001 460,000 7,031.61 4,567.11 460,001 461,000 1,972.45 1,281.13 460,001 461,000 7,045.87 4,576.37 461,001 462,000 1,976.45 1,283.73 461,001 462,000 7,060.13 4,585.64 462,001 463,000 1,980.44 1,286.32 462,001 463,000 7,074.39 4,594.90 463,001 464,000 1,984.43 1,288.91 463,001 464,000 7,088.65 4,604.16 464,001 465,000 1,988.42 1,291.50 464,001 465,000 7,102.91 4,613.42 465,001 466,000 1,992.42 1,294.10 465,001 466,000 7,117.18 4,622.69 466,001 467,000 1,996.41 1,296.69 466,001 467,000 7,131.44 4,631.95 467,001 468,000 2,000.40 1,299.28 467,001 468,000 7,145.70 4,641.21 468,001 469,000 2,004.39 1,301.88 468,001 469,000 7,159.96 4,650.48 469,001 470,000 2,008.39 1,304.47 469,001 470,000 7,174.22 4,659.74 470,001 471,000 2,012.38 1,307.06 470,001 471,000 7,188.49 4,669.00 471,001 472,000 2,016.37 1,309.66 471,001 472,000 7,202.75 4,678.26 472,001 473,000 2,020.36 1,312.25 472,001 473,000 7,217.01 4,687.53 473,001 474,000 2,024.36 1,314.84 473,001 474,000 7,231.27 4,696.79 474,001 475,000 2,028.35 1,317.44 474,001 475,000 7,245.53 4,706.05 475,001 476,000 2,032.34 1,320.03 475,001 476,000 7,259.79 4,715.32 476,001 477,000 2,036.33 1,322.62 476,001 477,000 7,274.06 4,724.58 477,001 478,000 2,040.33 1,325.21 477,001 478,000 7,288.32 4,733.84 478,001 479,000 2,044.32 1,327.81 478,001 479,000 7,302.58 4,743.10 479,001 480,000 2,048.31 1,330.40 479,001 480,000 7,316.84 4,752.37 480,001 481,000 2,052.30 1,332.99 480,001 481,000 7,331.10 4,761.63 481,001 482,000 2,056.30 1,335.59 481,001 482,000 7,345.37 4,770.89 482,001 483,000 2,060.29 1,338.18 482,001 483,000 7,359.63 4,780.16 483,001 484,000 2,064.28 1,340.77 483,001 484,000 7,373.89 4,789.42 484,001 485,000 2,068.27 1,343.37 484,001 485,000 7,388.15 4,798.68 485,001 486,000 2,072.27 1,345.96 485,001 486,000 7,402.41 4,807.94 486,001 487,000 2,076.26 1,348.55 486,001 487,000 7,416.67 4,817.21 487,001 488,000 2,080.25 1,351.15 487,001 488,000 7,430.94 4,826.47 488,001 489,000 2,084.25 1,353.74 488,001 489,000 7,445.20 4,835.73 489,001 490,000 2,088.24 1,356.33 489,001 490,000 7,459.46 4,845.00 490,001 491,000 2,092.23 1,358.92 490,001 491,000 7,473.72 4,854.26 491,001 492,000 2,096.22 1,361.52 491,001 492,000 7,487.98 4,863.52 492,001 493,000 2,100.22 1,364.11 492,001 493,000 7,502.25 4,872.78 493,001 494,000 2,104.21 1,366.70 493,001 494,000 7,516.51 4,882.05 494,001 495,000 2,108.20 1,369.30 494,001 495,000 7,530.77 4,891.31 495,001 496,000 2,112.19 1,371.89 495,001 496,000 7,545.03 4,900.57 496,001 497,000 2,116.19 1,374.48 496,001 497,000 7,559.29 4,909.84 497,001 498,000 2,120.18 1,377.08 497,001 498,000 7,573.55 4,919.10 498,001 499,000 2,124.17 1,379.67 498,001 499,000 7,587.82 4,928.36 499,001 500,000 2,128.16 1,382.26 499,001 500,000 7,602.08 4,937.62 500,001 501,000 2,131.52 1,385.49 500,001 501,000 7,614.06 4,949.14 501,001 502,000 2,134.87 1,387.67 501,001 502,000 7,626.04 4,956.93 502,001 503,000 2,138.23 1,389.85 502,001 503,000 7,638.03 4,964.72 503,001 504,000 2,141.58 1,392.03 503,001 504,000 7,650.01 4,972.51 504,001 505,000 2,144.94 1,394.21 504,001 505,000 7,661.99 4,980.30 505,001 506,000 2,148.29 1,396.39 505,001 506,000 7,673.98 4,988.08 506,001 507,000 2,151.64 1,398.57 506,001 507,000 7,685.96 4,995.87 507,001 508,000 2,155.00 1,400.75 507,001 508,000 7,697.94 5,003.66 508,001 509,000 2,158.35 1,402.93 508,001 509,000 7,709.92 5,011.45 509,001 510,000 2,161.71 1,405.11 509,001 510,000 7,721.91 5,019.24 510,001 511,000 2,165.06 1,407.29 510,001 511,000 7,733.89 5,027.03 511,001 512,000 2,168.42 1,409.47 511,001 512,000 7,745.87 5,034.82 512,001 513,000 2,171.77 1,411.65 512,001 513,000 7,757.86 5,042.61 513,001 514,000 2,175.13 1,413.83 513,001 514,000 7,769.84 5,050.39 City of Lindsay 30 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
514,001 515,000 2,178.48 1,416.01 514,001 515,000 7,781.82 5,058.18 515,001 516,000 2,181.84 1,418.19 515,001 516,000 7,793.80 5,065.97 516,001 517,000 2,185.19 1,420.37 516,001 517,000 7,805.79 5,073.76 517,001 518,000 2,188.54 1,422.55 517,001 518,000 7,817.77 5,081.55 518,001 519,000 2,191.90 1,424.73 518,001 519,000 7,829.75 5,089.34 519,001 520,000 2,195.25 1,426.91 519,001 520,000 7,841.74 5,097.13 520,001 521,000 2,198.61 1,429.10 520,001 521,000 7,853.72 5,104.92 521,001 522,000 2,201.96 1,431.28 521,001 522,000 7,865.70 5,112.71 522,001 523,000 2,205.32 1,433.46 522,001 523,000 7,877.68 5,120.49 523,001 524,000 2,208.67 1,435.64 523,001 524,000 7,889.67 5,128.28 524,001 525,000 2,212.03 1,437.82 524,001 525,000 7,901.65 5,136.07 525,001 526,000 2,215.38 1,440.00 525,001 526,000 7,913.63 5,143.86 526,001 527,000 2,218.74 1,442.18 526,001 527,000 7,925.62 5,151.65 527,001 528,000 2,222.09 1,444.36 527,001 528,000 7,937.60 5,159.44 528,001 529,000 2,225.44 1,446.54 528,001 529,000 7,949.58 5,167.23 529,001 530,000 2,228.80 1,448.72 529,001 530,000 7,961.56 5,175.02 530,001 531,000 2,232.15 1,450.90 530,001 531,000 7,973.55 5,182.81 531,001 532,000 2,235.51 1,453.08 531,001 532,000 7,985.53 5,190.59 532,001 533,000 2,238.86 1,455.26 532,001 533,000 7,997.51 5,198.38 533,001 534,000 2,242.22 1,457.44 533,001 534,000 8,009.50 5,206.17 534,001 535,000 2,245.57 1,459.62 534,001 535,000 8,021.48 5,213.96 535,001 536,000 2,248.93 1,461.80 535,001 536,000 8,033.46 5,221.75 536,001 537,000 2,252.28 1,463.98 536,001 537,000 8,045.44 5,229.54 537,001 538,000 2,255.64 1,466.16 537,001 538,000 8,057.43 5,237.33 538,001 539,000 2,258.99 1,468.34 538,001 539,000 8,069.41 5,245.12 539,001 540,000 2,262.34 1,470.52 539,001 540,000 8,081.39 5,252.91 540,001 541,000 2,265.70 1,472.70 540,001 541,000 8,093.38 5,260.69 541,001 542,000 2,269.05 1,474.88 541,001 542,000 8,105.36 5,268.48 542,001 543,000 2,272.41 1,477.07 542,001 543,000 8,117.34 5,276.27 543,001 544,000 2,275.76 1,479.25 543,001 544,000 8,129.32 5,284.06 544,001 545,000 2,279.12 1,481.43 544,001 545,000 8,141.31 5,291.85 545,001 546,000 2,282.47 1,483.61 545,001 546,000 8,153.29 5,299.64 546,001 547,000 2,285.83 1,485.79 546,001 547,000 8,165.27 5,307.43 547,001 548,000 2,289.18 1,487.97 547,001 548,000 8,177.26 5,315.22 548,001 549,000 2,292.54 1,490.15 548,001 549,000 8,189.24 5,323.00 549,001 550,000 2,295.89 1,492.33 549,001 550,000 8,201.22 5,330.79 550,001 551,000 2,299.24 1,494.51 550,001 551,000 8,213.20 5,338.58 551,001 552,000 2,302.60 1,496.69 551,001 552,000 8,225.19 5,346.37 552,001 553,000 2,305.95 1,498.87 552,001 553,000 8,237.17 5,354.16 553,001 554,000 2,309.31 1,501.05 553,001 554,000 8,249.15 5,361.95 554,001 555,000 2,312.66 1,503.23 554,001 555,000 8,261.14 5,369.74 555,001 556,000 2,316.02 1,505.41 555,001 556,000 8,273.12 5,377.53 556,001 557,000 2,319.37 1,507.59 556,001 557,000 8,285.10 5,385.32 557,001 558,000 2,322.73 1,509.77 557,001 558,000 8,297.08 5,393.10 558,001 559,000 2,326.08 1,511.95 558,001 559,000 8,309.07 5,400.89 559,001 560,000 2,329.44 1,514.13 559,001 560,000 8,321.05 5,408.68 560,001 561,000 2,332.79 1,516.31 560,001 561,000 8,333.03 5,416.47 561,001 562,000 2,336.14 1,518.49 561,001 562,000 8,345.02 5,424.26 562,001 563,000 2,339.50 1,520.67 562,001 563,000 8,357.00 5,432.05 563,001 564,000 2,342.85 1,522.85 563,001 564,000 8,368.98 5,439.84 564,001 565,000 2,346.21 1,525.04 564,001 565,000 8,380.96 5,447.63 565,001 566,000 2,349.56 1,527.22 565,001 566,000 8,392.95 5,455.42 566,001 567,000 2,352.92 1,529.40 566,001 567,000 8,404.93 5,463.20 567,001 568,000 2,356.27 1,531.58 567,001 568,000 8,416.91 5,470.99 568,001 569,000 2,359.63 1,533.76 568,001 569,000 8,428.90 5,478.78 569,001 570,000 2,362.98 1,535.94 569,001 570,000 8,440.88 5,486.57 570,001 571,000 2,366.34 1,538.12 570,001 571,000 8,452.86 5,494.36 571,001 572,000 2,369.69 1,540.30 571,001 572,000 8,464.84 5,502.15 572,001 573,000 2,373.04 1,542.48 572,001 573,000 8,476.83 5,509.94 573,001 574,000 2,376.40 1,544.66 573,001 574,000 8,488.81 5,517.73 574,001 575,000 2,379.75 1,546.84 574,001 575,000 8,500.79 5,525.52 575,001 576,000 2,383.11 1,549.02 575,001 576,000 8,512.78 5,533.30 576,001 577,000 2,386.46 1,551.20 576,001 577,000 8,524.76 5,541.09 577,001 578,000 2,389.82 1,553.38 577,001 578,000 8,536.74 5,548.88 578,001 579,000 2,393.17 1,555.56 578,001 579,000 8,548.72 5,556.67 579,001 580,000 2,396.53 1,557.74 579,001 580,000 8,560.71 5,564.46 580,001 581,000 2,399.88 1,559.92 580,001 581,000 8,572.69 5,572.25 581,001 582,000 2,403.24 1,562.10 581,001 582,000 8,584.67 5,580.04 582,001 583,000 2,406.59 1,564.28 582,001 583,000 8,596.66 5,587.83 583,001 584,000 2,409.94 1,566.46 583,001 584,000 8,608.64 5,595.61 584,001 585,000 2,413.30 1,568.64 584,001 585,000 8,620.62 5,603.40 585,001 586,000 2,416.65 1,570.82 585,001 586,000 8,632.60 5,611.19 586,001 587,000 2,420.01 1,573.01 586,001 587,000 8,644.59 5,618.98 587,001 588,000 2,423.36 1,575.19 587,001 588,000 8,656.57 5,626.77 588,001 589,000 2,426.72 1,577.37 588,001 589,000 8,668.55 5,634.56 589,001 590,000 2,430.07 1,579.55 589,001 590,000 8,680.54 5,642.35 590,001 591,000 2,433.43 1,581.73 590,001 591,000 8,692.52 5,650.14 591,001 592,000 2,436.78 1,583.91 591,001 592,000 8,704.50 5,657.93 592,001 593,000 2,440.13 1,586.09 592,001 593,000 8,716.48 5,665.71 593,001 594,000 2,443.49 1,588.27 593,001 594,000 8,728.47 5,673.50 594,001 595,000 2,446.84 1,590.45 594,001 595,000 8,740.45 5,681.29 595,001 596,000 2,450.20 1,592.63 595,001 596,000 8,752.43 5,689.08 596,001 597,000 2,453.55 1,594.81 596,001 597,000 8,764.42 5,696.87 597,001 598,000 2,456.91 1,596.99 597,001 598,000 8,776.40 5,704.66 598,001 599,000 2,460.26 1,599.17 598,001 599,000 8,788.38 5,712.45 599,001 600,000 2,463.62 1,601.35 599,001 600,000 8,800.36 5,720.24 600,001 601,000 2,466.97 1,603.53 600,001 601,000 8,812.35 5,728.03 601,001 602,000 2,470.33 1,605.71 601,001 602,000 8,824.33 5,735.81 City of Lindsay 31 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
602,001 603,000 2,473.68 1,607.89 602,001 603,000 8,836.31 5,743.60 603,001 604,000 2,477.03 1,610.07 603,001 604,000 8,848.30 5,751.39 604,001 605,000 2,480.39 1,612.25 604,001 605,000 8,860.28 5,759.18 605,001 606,000 2,483.74 1,614.43 605,001 606,000 8,872.26 5,766.97 606,001 607,000 2,487.10 1,616.61 606,001 607,000 8,884.24 5,774.76 607,001 608,000 2,490.45 1,618.79 607,001 608,000 8,896.23 5,782.55 608,001 609,000 2,493.81 1,620.97 608,001 609,000 8,908.21 5,790.34 609,001 610,000 2,497.16 1,623.16 609,001 610,000 8,920.19 5,798.13 610,001 611,000 2,500.52 1,625.34 610,001 611,000 8,932.18 5,805.91 611,001 612,000 2,503.87 1,627.52 611,001 612,000 8,944.16 5,813.70 612,001 613,000 2,507.23 1,629.70 612,001 613,000 8,956.14 5,821.49 613,001 614,000 2,510.58 1,631.88 613,001 614,000 8,968.12 5,829.28 614,001 615,000 2,513.93 1,634.06 614,001 615,000 8,980.11 5,837.07 615,001 616,000 2,517.29 1,636.24 615,001 616,000 8,992.09 5,844.86 616,001 617,000 2,520.64 1,638.42 616,001 617,000 9,004.07 5,852.65 617,001 618,000 2,524.00 1,640.60 617,001 618,000 9,016.06 5,860.44 618,001 619,000 2,527.35 1,642.78 618,001 619,000 9,028.04 5,868.22 619,001 620,000 2,530.71 1,644.96 619,001 620,000 9,040.02 5,876.01 620,001 621,000 2,534.06 1,647.14 620,001 621,000 9,052.00 5,883.80 621,001 622,000 2,537.42 1,649.32 621,001 622,000 9,063.99 5,891.59 622,001 623,000 2,540.77 1,651.50 622,001 623,000 9,075.97 5,899.38 623,001 624,000 2,544.13 1,653.68 623,001 624,000 9,087.95 5,907.17 624,001 625,000 2,547.48 1,655.86 624,001 625,000 9,099.94 5,914.96 625,001 626,000 2,550.83 1,658.04 625,001 626,000 9,111.92 5,922.75 626,001 627,000 2,554.19 1,660.22 626,001 627,000 9,123.90 5,930.54 627,001 628,000 2,557.54 1,662.40 627,001 628,000 9,135.88 5,938.32 628,001 629,000 2,560.90 1,664.58 628,001 629,000 9,147.87 5,946.11 629,001 630,000 2,564.25 1,666.76 629,001 630,000 9,159.85 5,953.90 630,001 631,000 2,567.61 1,668.94 630,001 631,000 9,171.83 5,961.69 631,001 632,000 2,570.96 1,671.13 631,001 632,000 9,183.82 5,969.48 632,001 633,000 2,574.32 1,673.31 632,001 633,000 9,195.80 5,977.27 633,001 634,000 2,577.67 1,675.49 633,001 634,000 9,207.78 5,985.06 634,001 635,000 2,581.03 1,677.67 634,001 635,000 9,219.76 5,992.85 635,001 636,000 2,584.38 1,679.85 635,001 636,000 9,231.75 6,000.64 636,001 637,000 2,587.73 1,682.03 636,001 637,000 9,243.73 6,008.42 637,001 638,000 2,591.09 1,684.21 637,001 638,000 9,255.71 6,016.21 638,001 639,000 2,594.44 1,686.39 638,001 639,000 9,267.70 6,024.00 639,001 640,000 2,597.80 1,688.57 639,001 640,000 9,279.68 6,031.79 640,001 641,000 2,601.15 1,690.75 640,001 641,000 9,291.66 6,039.58 641,001 642,000 2,604.51 1,692.93 641,001 642,000 9,303.64 6,047.37 642,001 643,000 2,607.86 1,695.11 642,001 643,000 9,315.63 6,055.16 643,001 644,000 2,611.22 1,697.29 643,001 644,000 9,327.61 6,062.95 644,001 645,000 2,614.57 1,699.47 644,001 645,000 9,339.59 6,070.74 645,001 646,000 2,617.93 1,701.65 645,001 646,000 9,351.58 6,078.52 646,001 647,000 2,621.28 1,703.83 646,001 647,000 9,363.56 6,086.31 647,001 648,000 2,624.63 1,706.01 647,001 648,000 9,375.54 6,094.10 648,001 649,000 2,627.99 1,708.19 648,001 649,000 9,387.52 6,101.89 649,001 650,000 2,631.34 1,710.37 649,001 650,000 9,399.51 6,109.68 650,001 651,000 2,634.70 1,712.55 650,001 651,000 9,411.49 6,117.47 651,001 652,000 2,638.05 1,714.73 651,001 652,000 9,423.47 6,125.26 652,001 653,000 2,641.41 1,716.91 652,001 653,000 9,435.46 6,133.05 653,001 654,000 2,644.76 1,719.10 653,001 654,000 9,447.44 6,140.84 654,001 655,000 2,648.12 1,721.28 654,001 655,000 9,459.42 6,148.62 655,001 656,000 2,651.47 1,723.46 655,001 656,000 9,471.40 6,156.41 656,001 657,000 2,654.83 1,725.64 656,001 657,000 9,483.39 6,164.20 657,001 658,000 2,658.18 1,727.82 657,001 658,000 9,495.37 6,171.99 658,001 659,000 2,661.53 1,730.00 658,001 659,000 9,507.35 6,179.78 659,001 660,000 2,664.89 1,732.18 659,001 660,000 9,519.34 6,187.57 660,001 661,000 2,668.24 1,734.36 660,001 661,000 9,531.32 6,195.36 661,001 662,000 2,671.60 1,736.54 661,001 662,000 9,543.30 6,203.15 662,001 663,000 2,674.95 1,738.72 662,001 663,000 9,555.28 6,210.93 663,001 664,000 2,678.31 1,740.90 663,001 664,000 9,567.27 6,218.72 664,001 665,000 2,681.66 1,743.08 664,001 665,000 9,579.25 6,226.51 665,001 666,000 2,685.02 1,745.26 665,001 666,000 9,591.23 6,234.30 666,001 667,000 2,688.37 1,747.44 666,001 667,000 9,603.22 6,242.09 667,001 668,000 2,691.73 1,749.62 667,001 668,000 9,615.20 6,249.88 668,001 669,000 2,695.08 1,751.80 668,001 669,000 9,627.18 6,257.67 669,001 670,000 2,698.43 1,753.98 669,001 670,000 9,639.16 6,265.46 670,001 671,000 2,701.79 1,756.16 670,001 671,000 9,651.15 6,273.25 671,001 672,000 2,705.14 1,758.34 671,001 672,000 9,663.13 6,281.03 672,001 673,000 2,708.50 1,760.52 672,001 673,000 9,675.11 6,288.82 673,001 674,000 2,711.85 1,762.70 673,001 674,000 9,687.10 6,296.61 674,001 675,000 2,715.21 1,764.88 674,001 675,000 9,699.08 6,304.40 675,001 676,000 2,718.56 1,767.07 675,001 676,000 9,711.06 6,312.19 676,001 677,000 2,721.92 1,769.25 676,001 677,000 9,723.04 6,319.98 677,001 678,000 2,725.27 1,771.43 677,001 678,000 9,735.03 6,327.77 678,001 679,000 2,728.63 1,773.61 678,001 679,000 9,747.01 6,335.56 679,001 680,000 2,731.98 1,775.79 679,001 680,000 9,758.99 6,343.35 680,001 681,000 2,735.33 1,777.97 680,001 681,000 9,770.98 6,351.13 681,001 682,000 2,738.69 1,780.15 681,001 682,000 9,782.96 6,358.92 682,001 683,000 2,742.04 1,782.33 682,001 683,000 9,794.94 6,366.71 683,001 684,000 2,745.40 1,784.51 683,001 684,000 9,806.92 6,374.50 684,001 685,000 2,748.75 1,786.69 684,001 685,000 9,818.91 6,382.29 685,001 686,000 2,752.11 1,788.87 685,001 686,000 9,830.89 6,390.08 686,001 687,000 2,755.46 1,791.05 686,001 687,000 9,842.87 6,397.87 687,001 688,000 2,758.82 1,793.23 687,001 688,000 9,854.86 6,405.66 688,001 689,000 2,762.17 1,795.41 688,001 689,000 9,866.84 6,413.45 689,001 690,000 2,765.53 1,797.59 689,001 690,000 9,878.82 6,421.23 City of Lindsay 32 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
690,001 691,000 2,768.88 1,799.77 690,001 691,000 9,890.80 6,429.02 691,001 692,000 2,772.23 1,801.95 691,001 692,000 9,902.79 6,436.81 692,001 693,000 2,775.59 1,804.13 692,001 693,000 9,914.77 6,444.60 693,001 694,000 2,778.94 1,806.31 693,001 694,000 9,926.75 6,452.39 694,001 695,000 2,782.30 1,808.49 694,001 695,000 9,938.74 6,460.18 695,001 696,000 2,785.65 1,810.67 695,001 696,000 9,950.72 6,467.97 696,001 697,000 2,789.01 1,812.85 696,001 697,000 9,962.70 6,475.76 697,001 698,000 2,792.36 1,815.04 697,001 698,000 9,974.68 6,483.54 698,001 699,000 2,795.72 1,817.22 698,001 699,000 9,986.67 6,491.33 699,001 700,000 2,799.07 1,819.40 699,001 700,000 9,998.65 6,499.12 700,001 701,000 2,802.43 1,821.58 700,001 701,000 10,010.63 6,506.91 701,001 702,000 2,805.78 1,823.76 701,001 702,000 10,022.62 6,514.70 702,001 703,000 2,809.13 1,825.94 702,001 703,000 10,034.60 6,522.49 703,001 704,000 2,812.49 1,828.12 703,001 704,000 10,046.58 6,530.28 704,001 705,000 2,815.84 1,830.30 704,001 705,000 10,058.56 6,538.07 705,001 706,000 2,819.20 1,832.48 705,001 706,000 10,070.55 6,545.86 706,001 707,000 2,822.55 1,834.66 706,001 707,000 10,082.53 6,553.64 707,001 708,000 2,825.91 1,836.84 707,001 708,000 10,094.51 6,561.43 708,001 709,000 2,829.26 1,839.02 708,001 709,000 10,106.50 6,569.22 709,001 710,000 2,832.62 1,841.20 709,001 710,000 10,118.48 6,577.01 710,001 711,000 2,835.97 1,843.38 710,001 711,000 10,130.46 6,584.80 711,001 712,000 2,839.33 1,845.56 711,001 712,000 10,142.44 6,592.59 712,001 713,000 2,842.68 1,847.74 712,001 713,000 10,154.43 6,600.38 713,001 714,000 2,846.03 1,849.92 713,001 714,000 10,166.41 6,608.17 714,001 715,000 2,849.39 1,852.10 714,001 715,000 10,178.39 6,615.96 715,001 716,000 2,852.74 1,854.28 715,001 716,000 10,190.38 6,623.74 716,001 717,000 2,856.10 1,856.46 716,001 717,000 10,202.36 6,631.53 717,001 718,000 2,859.45 1,858.64 717,001 718,000 10,214.34 6,639.32 718,001 719,000 2,862.81 1,860.82 718,001 719,000 10,226.32 6,647.11 719,001 720,000 2,866.16 1,863.01 719,001 720,000 10,238.31 6,654.90 720,001 721,000 2,869.52 1,865.19 720,001 721,000 10,250.29 6,662.69 721,001 722,000 2,872.87 1,867.37 721,001 722,000 10,262.27 6,670.48 722,001 723,000 2,876.23 1,869.55 722,001 723,000 10,274.26 6,678.27 723,001 724,000 2,879.58 1,871.73 723,001 724,000 10,286.24 6,686.06 724,001 725,000 2,882.93 1,873.91 724,001 725,000 10,298.22 6,693.84 725,001 726,000 2,886.29 1,876.09 725,001 726,000 10,310.20 6,701.63 726,001 727,000 2,889.64 1,878.27 726,001 727,000 10,322.19 6,709.42 727,001 728,000 2,893.00 1,880.45 727,001 728,000 10,334.17 6,717.21 728,001 729,000 2,896.35 1,882.63 728,001 729,000 10,346.15 6,725.00 729,001 730,000 2,899.71 1,884.81 729,001 730,000 10,358.14 6,732.79 730,001 731,000 2,903.06 1,886.99 730,001 731,000 10,370.12 6,740.58 731,001 732,000 2,906.42 1,889.17 731,001 732,000 10,382.10 6,748.37 732,001 733,000 2,909.77 1,891.35 732,001 733,000 10,394.08 6,756.15 733,001 734,000 2,913.13 1,893.53 733,001 734,000 10,406.07 6,763.94 734,001 735,000 2,916.48 1,895.71 734,001 735,000 10,418.05 6,771.73 735,001 736,000 2,919.83 1,897.89 735,001 736,000 10,430.03 6,779.52 736,001 737,000 2,923.19 1,900.07 736,001 737,000 10,442.02 6,787.31 737,001 738,000 2,926.54 1,902.25 737,001 738,000 10,454.00 6,795.10 738,001 739,000 2,929.90 1,904.43 738,001 739,000 10,465.98 6,802.89 739,001 740,000 2,933.25 1,906.61 739,001 740,000 10,477.96 6,810.68 740,001 741,000 2,936.61 1,908.79 740,001 741,000 10,489.95 6,818.47 741,001 742,000 2,939.96 1,910.97 741,001 742,000 10,501.93 6,826.25 742,001 743,000 2,943.32 1,913.16 742,001 743,000 10,513.91 6,834.04 743,001 744,000 2,946.67 1,915.34 743,001 744,000 10,525.90 6,841.83 744,001 745,000 2,950.03 1,917.52 744,001 745,000 10,537.88 6,849.62 745,001 746,000 2,953.38 1,919.70 745,001 746,000 10,549.86 6,857.41 746,001 747,000 2,956.73 1,921.88 746,001 747,000 10,561.84 6,865.20 747,001 748,000 2,960.09 1,924.06 747,001 748,000 10,573.83 6,872.99 748,001 749,000 2,963.44 1,926.24 748,001 749,000 10,585.81 6,880.78 749,001 750,000 2,966.80 1,928.42 749,001 750,000 10,597.79 6,888.57 750,001 751,000 2,970.15 1,930.60 750,001 751,000 10,609.78 6,896.35 751,001 752,000 2,973.51 1,932.78 751,001 752,000 10,621.76 6,904.14 752,001 753,000 2,976.86 1,934.96 752,001 753,000 10,633.74 6,911.93 753,001 754,000 2,980.22 1,937.14 753,001 754,000 10,645.72 6,919.72 754,001 755,000 2,983.57 1,939.32 754,001 755,000 10,657.71 6,927.51 755,001 756,000 2,986.92 1,941.50 755,001 756,000 10,669.69 6,935.30 756,001 757,000 2,990.28 1,943.68 756,001 757,000 10,681.67 6,943.09 757,001 758,000 2,993.63 1,945.86 757,001 758,000 10,693.66 6,950.88 758,001 759,000 2,996.99 1,948.04 758,001 759,000 10,705.64 6,958.67 759,001 760,000 3,000.34 1,950.22 759,001 760,000 10,717.62 6,966.45 760,001 761,000 3,003.70 1,952.40 760,001 761,000 10,729.60 6,974.24 761,001 762,000 3,007.05 1,954.58 761,001 762,000 10,741.59 6,982.03 762,001 763,000 3,010.41 1,956.76 762,001 763,000 10,753.57 6,989.82 763,001 764,000 3,013.76 1,958.94 763,001 764,000 10,765.55 6,997.61 764,001 765,000 3,017.12 1,961.13 764,001 765,000 10,777.54 7,005.40 765,001 766,000 3,020.47 1,963.31 765,001 766,000 10,789.52 7,013.19 766,001 767,000 3,023.82 1,965.49 766,001 767,000 10,801.50 7,020.98 767,001 768,000 3,027.18 1,967.67 767,001 768,000 10,813.48 7,028.76 768,001 769,000 3,030.53 1,969.85 768,001 769,000 10,825.47 7,036.55 769,001 770,000 3,033.89 1,972.03 769,001 770,000 10,837.45 7,044.34 770,001 771,000 3,037.24 1,974.21 770,001 771,000 10,849.43 7,052.13 771,001 772,000 3,040.60 1,976.39 771,001 772,000 10,861.42 7,059.92 772,001 773,000 3,043.95 1,978.57 772,001 773,000 10,873.40 7,067.71 773,001 774,000 3,047.31 1,980.75 773,001 774,000 10,885.38 7,075.50 774,001 775,000 3,050.66 1,982.93 774,001 775,000 10,897.36 7,083.29 775,001 776,000 3,054.02 1,985.11 775,001 776,000 10,909.35 7,091.08 776,001 777,000 3,057.37 1,987.29 776,001 777,000 10,921.33 7,098.86 777,001 778,000 3,060.72 1,989.47 777,001 778,000 10,933.31 7,106.65 City of Lindsay 33 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
778,001 779,000 3,064.08 1,991.65 778,001 779,000 10,945.30 7,114.44 779,001 780,000 3,067.43 1,993.83 779,001 780,000 10,957.28 7,122.23 780,001 781,000 3,070.79 1,996.01 780,001 781,000 10,969.26 7,130.02 781,001 782,000 3,074.14 1,998.19 781,001 782,000 10,981.24 7,137.81 782,001 783,000 3,077.50 2,000.37 782,001 783,000 10,993.23 7,145.60 783,001 784,000 3,080.85 2,002.55 783,001 784,000 11,005.21 7,153.39 784,001 785,000 3,084.21 2,004.73 784,001 785,000 11,017.19 7,161.18 785,001 786,000 3,087.56 2,006.91 785,001 786,000 11,029.18 7,168.96 786,001 787,000 3,090.92 2,009.10 786,001 787,000 11,041.16 7,176.75 787,001 788,000 3,094.27 2,011.28 787,001 788,000 11,053.14 7,184.54 788,001 789,000 3,097.62 2,013.46 788,001 789,000 11,065.12 7,192.33 789,001 790,000 3,100.98 2,015.64 789,001 790,000 11,077.11 7,200.12 790,001 791,000 3,104.33 2,017.82 790,001 791,000 11,089.09 7,207.91 791,001 792,000 3,107.69 2,020.00 791,001 792,000 11,101.07 7,215.70 792,001 793,000 3,111.04 2,022.18 792,001 793,000 11,113.06 7,223.49 793,001 794,000 3,114.40 2,024.36 793,001 794,000 11,125.04 7,231.28 794,001 795,000 3,117.75 2,026.54 794,001 795,000 11,137.02 7,239.06 795,001 796,000 3,121.11 2,028.72 795,001 796,000 11,149.00 7,246.85 796,001 797,000 3,124.46 2,030.90 796,001 797,000 11,160.99 7,254.64 797,001 798,000 3,127.82 2,033.08 797,001 798,000 11,172.97 7,262.43 798,001 799,000 3,131.17 2,035.26 798,001 799,000 11,184.95 7,270.22 799,001 800,000 3,134.52 2,037.44 799,001 800,000 11,196.94 7,278.01 800,001 801,000 3,137.88 2,039.62 800,001 801,000 11,208.92 7,285.80 801,001 802,000 3,141.23 2,041.80 801,001 802,000 11,220.90 7,293.59 802,001 803,000 3,144.59 2,043.98 802,001 803,000 11,232.88 7,301.37 803,001 804,000 3,147.94 2,046.16 803,001 804,000 11,244.87 7,309.16 804,001 805,000 3,151.30 2,048.34 804,001 805,000 11,256.85 7,316.95 805,001 806,000 3,154.65 2,050.52 805,001 806,000 11,268.83 7,324.74 806,001 807,000 3,158.01 2,052.70 806,001 807,000 11,280.82 7,332.53 807,001 808,000 3,161.36 2,054.88 807,001 808,000 11,292.80 7,340.32 808,001 809,000 3,164.72 2,057.07 808,001 809,000 11,304.78 7,348.11 809,001 810,000 3,168.07 2,059.25 809,001 810,000 11,316.76 7,355.90 810,001 811,000 3,171.42 2,061.43 810,001 811,000 11,328.75 7,363.69 811,001 812,000 3,174.78 2,063.61 811,001 812,000 11,340.73 7,371.47 812,001 813,000 3,178.13 2,065.79 812,001 813,000 11,352.71 7,379.26 813,001 814,000 3,181.49 2,067.97 813,001 814,000 11,364.70 7,387.05 814,001 815,000 3,184.84 2,070.15 814,001 815,000 11,376.68 7,394.84 815,001 816,000 3,188.20 2,072.33 815,001 816,000 11,388.66 7,402.63 816,001 817,000 3,191.55 2,074.51 816,001 817,000 11,400.64 7,410.42 817,001 818,000 3,194.91 2,076.69 817,001 818,000 11,412.63 7,418.21 818,001 819,000 3,198.26 2,078.87 818,001 819,000 11,424.61 7,426.00 819,001 820,000 3,201.62 2,081.05 819,001 820,000 11,436.59 7,433.79 820,001 821,000 3,204.97 2,083.23 820,001 821,000 11,448.58 7,441.57 821,001 822,000 3,208.32 2,085.41 821,001 822,000 11,460.56 7,449.36 822,001 823,000 3,211.68 2,087.59 822,001 823,000 11,472.54 7,457.15 823,001 824,000 3,215.03 2,089.77 823,001 824,000 11,484.52 7,464.94 824,001 825,000 3,218.39 2,091.95 824,001 825,000 11,496.51 7,472.73 825,001 826,000 3,221.74 2,094.13 825,001 826,000 11,508.49 7,480.52 826,001 827,000 3,225.10 2,096.31 826,001 827,000 11,520.47 7,488.31 827,001 828,000 3,228.45 2,098.49 827,001 828,000 11,532.46 7,496.10 828,001 829,000 3,231.81 2,100.67 828,001 829,000 11,544.44 7,503.89 829,001 830,000 3,235.16 2,102.85 829,001 830,000 11,556.42 7,511.67 830,001 831,000 3,238.52 2,105.04 830,001 831,000 11,568.40 7,519.46 831,001 832,000 3,241.87 2,107.22 831,001 832,000 11,580.39 7,527.25 832,001 833,000 3,245.22 2,109.40 832,001 833,000 11,592.37 7,535.04 833,001 834,000 3,248.58 2,111.58 833,001 834,000 11,604.35 7,542.83 834,001 835,000 3,251.93 2,113.76 834,001 835,000 11,616.34 7,550.62 835,001 836,000 3,255.29 2,115.94 835,001 836,000 11,628.32 7,558.41 836,001 837,000 3,258.64 2,118.12 836,001 837,000 11,640.30 7,566.20 837,001 838,000 3,262.00 2,120.30 837,001 838,000 11,652.28 7,573.99 838,001 839,000 3,265.35 2,122.48 838,001 839,000 11,664.27 7,581.77 839,001 840,000 3,268.71 2,124.66 839,001 840,000 11,676.25 7,589.56 840,001 841,000 3,272.06 2,126.84 840,001 841,000 11,688.23 7,597.35 841,001 842,000 3,275.42 2,129.02 841,001 842,000 11,700.22 7,605.14 842,001 843,000 3,278.77 2,131.20 842,001 843,000 11,712.20 7,612.93 843,001 844,000 3,282.12 2,133.38 843,001 844,000 11,724.18 7,620.72 844,001 845,000 3,285.48 2,135.56 844,001 845,000 11,736.16 7,628.51 845,001 846,000 3,288.83 2,137.74 845,001 846,000 11,748.15 7,636.30 846,001 847,000 3,292.19 2,139.92 846,001 847,000 11,760.13 7,644.08 847,001 848,000 3,295.54 2,142.10 847,001 848,000 11,772.11 7,651.87 848,001 849,000 3,298.90 2,144.28 848,001 849,000 11,784.10 7,659.66 849,001 850,000 3,302.25 2,146.46 849,001 850,000 11,796.08 7,667.45 850,001 851,000 3,305.61 2,148.64 850,001 851,000 11,808.06 7,675.24 851,001 852,000 3,308.96 2,150.82 851,001 852,000 11,820.04 7,683.03 852,001 853,000 3,312.32 2,153.00 852,001 853,000 11,832.03 7,690.82 853,001 854,000 3,315.67 2,155.19 853,001 854,000 11,844.01 7,698.61 854,001 855,000 3,319.02 2,157.37 854,001 855,000 11,855.99 7,706.40 855,001 856,000 3,322.38 2,159.55 855,001 856,000 11,867.98 7,714.18 856,001 857,000 3,325.73 2,161.73 856,001 857,000 11,879.96 7,721.97 857,001 858,000 3,329.09 2,163.91 857,001 858,000 11,891.94 7,729.76 858,001 859,000 3,332.44 2,166.09 858,001 859,000 11,903.92 7,737.55 859,001 860,000 3,335.80 2,168.27 859,001 860,000 11,915.91 7,745.34 860,001 861,000 3,339.15 2,170.45 860,001 861,000 11,927.89 7,753.13 861,001 862,000 3,342.51 2,172.63 861,001 862,000 11,939.87 7,760.92 862,001 863,000 3,345.86 2,174.81 862,001 863,000 11,951.86 7,768.71 863,001 864,000 3,349.22 2,176.99 863,001 864,000 11,963.84 7,776.50 864,001 865,000 3,352.57 2,179.17 864,001 865,000 11,975.82 7,784.28 865,001 866,000 3,355.92 2,181.35 865,001 866,000 11,987.80 7,792.07 City of Lindsay 34 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
866,001 867,000 3,359.28 2,183.53 866,001 867,000 11,999.79 7,799.86 867,001 868,000 3,362.63 2,185.71 867,001 868,000 12,011.77 7,807.65 868,001 869,000 3,365.99 2,187.89 868,001 869,000 12,023.75 7,815.44 869,001 870,000 3,369.34 2,190.07 869,001 870,000 12,035.74 7,823.23 870,001 871,000 3,372.70 2,192.25 870,001 871,000 12,047.72 7,831.02 871,001 872,000 3,376.05 2,194.43 871,001 872,000 12,059.70 7,838.81 872,001 873,000 3,379.41 2,196.61 872,001 873,000 12,071.68 7,846.60 873,001 874,000 3,382.76 2,198.79 873,001 874,000 12,083.67 7,854.38 874,001 875,000 3,386.12 2,200.97 874,001 875,000 12,095.65 7,862.17 875,001 876,000 3,389.47 2,203.16 875,001 876,000 12,107.63 7,869.96 876,001 877,000 3,392.82 2,205.34 876,001 877,000 12,119.62 7,877.75 877,001 878,000 3,396.18 2,207.52 877,001 878,000 12,131.60 7,885.54 878,001 879,000 3,399.53 2,209.70 878,001 879,000 12,143.58 7,893.33 879,001 880,000 3,402.89 2,211.88 879,001 880,000 12,155.56 7,901.12 880,001 881,000 3,406.24 2,214.06 880,001 881,000 12,167.55 7,908.91 881,001 882,000 3,409.60 2,216.24 881,001 882,000 12,179.53 7,916.69 882,001 883,000 3,412.95 2,218.42 882,001 883,000 12,191.51 7,924.48 883,001 884,000 3,416.31 2,220.60 883,001 884,000 12,203.50 7,932.27 884,001 885,000 3,419.66 2,222.78 884,001 885,000 12,215.48 7,940.06 885,001 886,000 3,423.02 2,224.96 885,001 886,000 12,227.46 7,947.85 886,001 887,000 3,426.37 2,227.14 886,001 887,000 12,239.44 7,955.64 887,001 888,000 3,429.72 2,229.32 887,001 888,000 12,251.43 7,963.43 888,001 889,000 3,433.08 2,231.50 888,001 889,000 12,263.41 7,971.22 889,001 890,000 3,436.43 2,233.68 889,001 890,000 12,275.39 7,979.01 890,001 891,000 3,439.79 2,235.86 890,001 891,000 12,287.38 7,986.79 891,001 892,000 3,443.14 2,238.04 891,001 892,000 12,299.36 7,994.58 892,001 893,000 3,446.50 2,240.22 892,001 893,000 12,311.34 8,002.37 893,001 894,000 3,449.85 2,242.40 893,001 894,000 12,323.32 8,010.16 894,001 895,000 3,453.21 2,244.58 894,001 895,000 12,335.31 8,017.95 895,001 896,000 3,456.56 2,246.76 895,001 896,000 12,347.29 8,025.74 896,001 897,000 3,459.92 2,248.94 896,001 897,000 12,359.27 8,033.53 897,001 898,000 3,463.27 2,251.13 897,001 898,000 12,371.26 8,041.32 898,001 899,000 3,466.62 2,253.31 898,001 899,000 12,383.24 8,049.11 899,001 900,000 3,469.98 2,255.49 899,001 900,000 12,395.22 8,056.89 900,001 901,000 3,473.33 2,257.67 900,001 901,000 12,407.20 8,064.68 901,001 902,000 3,476.69 2,259.85 901,001 902,000 12,419.19 8,072.47 902,001 903,000 3,480.04 2,262.03 902,001 903,000 12,431.17 8,080.26 903,001 904,000 3,483.40 2,264.21 903,001 904,000 12,443.15 8,088.05 904,001 905,000 3,486.75 2,266.39 904,001 905,000 12,455.14 8,095.84 905,001 906,000 3,490.11 2,268.57 905,001 906,000 12,467.12 8,103.63 906,001 907,000 3,493.46 2,270.75 906,001 907,000 12,479.10 8,111.42 907,001 908,000 3,496.82 2,272.93 907,001 908,000 12,491.08 8,119.21 908,001 909,000 3,500.17 2,275.11 908,001 909,000 12,503.07 8,126.99 909,001 910,000 3,503.52 2,277.29 909,001 910,000 12,515.05 8,134.78 910,001 911,000 3,506.88 2,279.47 910,001 911,000 12,527.03 8,142.57 911,001 912,000 3,510.23 2,281.65 911,001 912,000 12,539.02 8,150.36 912,001 913,000 3,513.59 2,283.83 912,001 913,000 12,551.00 8,158.15 913,001 914,000 3,516.94 2,286.01 913,001 914,000 12,562.98 8,165.94 914,001 915,000 3,520.30 2,288.19 914,001 915,000 12,574.96 8,173.73 915,001 916,000 3,523.65 2,290.37 915,001 916,000 12,586.95 8,181.52 916,001 917,000 3,527.01 2,292.55 916,001 917,000 12,598.93 8,189.30 917,001 918,000 3,530.36 2,294.73 917,001 918,000 12,610.91 8,197.09 918,001 919,000 3,533.72 2,296.91 918,001 919,000 12,622.90 8,204.88 919,001 920,000 3,537.07 2,299.10 919,001 920,000 12,634.88 8,212.67 920,001 921,000 3,540.42 2,301.28 920,001 921,000 12,646.86 8,220.46 921,001 922,000 3,543.78 2,303.46 921,001 922,000 12,658.84 8,228.25 922,001 923,000 3,547.13 2,305.64 922,001 923,000 12,670.83 8,236.04 923,001 924,000 3,550.49 2,307.82 923,001 924,000 12,682.81 8,243.83 924,001 925,000 3,553.84 2,310.00 924,001 925,000 12,694.79 8,251.62 925,001 926,000 3,557.20 2,312.18 925,001 926,000 12,706.78 8,259.40 926,001 927,000 3,560.55 2,314.36 926,001 927,000 12,718.76 8,267.19 927,001 928,000 3,563.91 2,316.54 927,001 928,000 12,730.74 8,274.98 928,001 929,000 3,567.26 2,318.72 928,001 929,000 12,742.72 8,282.77 929,001 930,000 3,570.61 2,320.90 929,001 930,000 12,754.71 8,290.56 930,001 931,000 3,573.97 2,323.08 930,001 931,000 12,766.69 8,298.35 931,001 932,000 3,577.32 2,325.26 931,001 932,000 12,778.67 8,306.14 932,001 933,000 3,580.68 2,327.44 932,001 933,000 12,790.66 8,313.93 933,001 934,000 3,584.03 2,329.62 933,001 934,000 12,802.64 8,321.72 934,001 935,000 3,587.39 2,331.80 934,001 935,000 12,814.62 8,329.50 935,001 936,000 3,590.74 2,333.98 935,001 936,000 12,826.60 8,337.29 936,001 937,000 3,594.10 2,336.16 936,001 937,000 12,838.59 8,345.08 937,001 938,000 3,597.45 2,338.34 937,001 938,000 12,850.57 8,352.87 938,001 939,000 3,600.81 2,340.52 938,001 939,000 12,862.55 8,360.66 939,001 940,000 3,604.16 2,342.70 939,001 940,000 12,874.54 8,368.45 940,001 941,000 3,607.51 2,344.88 940,001 941,000 12,886.52 8,376.24 941,001 942,000 3,610.87 2,347.07 941,001 942,000 12,898.50 8,384.03 942,001 943,000 3,614.22 2,349.25 942,001 943,000 12,910.48 8,391.82 943,001 944,000 3,617.58 2,351.43 943,001 944,000 12,922.47 8,399.60 944,001 945,000 3,620.93 2,353.61 944,001 945,000 12,934.45 8,407.39 945,001 946,000 3,624.29 2,355.79 945,001 946,000 12,946.43 8,415.18 946,001 947,000 3,627.64 2,357.97 946,001 947,000 12,958.42 8,422.97 947,001 948,000 3,631.00 2,360.15 947,001 948,000 12,970.40 8,430.76 948,001 949,000 3,634.35 2,362.33 948,001 949,000 12,982.38 8,438.55 949,001 950,000 3,637.71 2,364.51 949,001 950,000 12,994.36 8,446.34 950,001 951,000 3,641.06 2,366.69 950,001 951,000 13,006.35 8,454.13 951,001 952,000 3,644.41 2,368.87 951,001 952,000 13,018.33 8,461.91 952,001 953,000 3,647.77 2,371.05 952,001 953,000 13,030.31 8,469.70 953,001 954,000 3,651.12 2,373.23 953,001 954,000 13,042.30 8,477.49 City of Lindsay 35 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
954,001 955,000 3,654.48 2,375.41 954,001 955,000 13,054.28 8,485.28 955,001 956,000 3,657.83 2,377.59 955,001 956,000 13,066.26 8,493.07 956,001 957,000 3,661.19 2,379.77 956,001 957,000 13,078.24 8,500.86 957,001 958,000 3,664.54 2,381.95 957,001 958,000 13,090.23 8,508.65 958,001 959,000 3,667.90 2,384.13 958,001 959,000 13,102.21 8,516.44 959,001 960,000 3,671.25 2,386.31 959,001 960,000 13,114.19 8,524.23 960,001 961,000 3,674.61 2,388.49 960,001 961,000 13,126.18 8,532.01 961,001 962,000 3,677.96 2,390.67 961,001 962,000 13,138.16 8,539.80 962,001 963,000 3,681.31 2,392.85 962,001 963,000 13,150.14 8,547.59 963,001 964,000 3,684.67 2,395.04 963,001 964,000 13,162.12 8,555.38 964,001 965,000 3,688.02 2,397.22 964,001 965,000 13,174.11 8,563.17 965,001 966,000 3,691.38 2,399.40 965,001 966,000 13,186.09 8,570.96 966,001 967,000 3,694.73 2,401.58 966,001 967,000 13,198.07 8,578.75 967,001 968,000 3,698.09 2,403.76 967,001 968,000 13,210.06 8,586.54 968,001 969,000 3,701.44 2,405.94 968,001 969,000 13,222.04 8,594.33 969,001 970,000 3,704.80 2,408.12 969,001 970,000 13,234.02 8,602.11 970,001 971,000 3,708.15 2,410.30 970,001 971,000 13,246.00 8,609.90 971,001 972,000 3,711.51 2,412.48 971,001 972,000 13,257.99 8,617.69 972,001 973,000 3,714.86 2,414.66 972,001 973,000 13,269.97 8,625.48 973,001 974,000 3,718.21 2,416.84 973,001 974,000 13,281.95 8,633.27 974,001 975,000 3,721.57 2,419.02 974,001 975,000 13,293.94 8,641.06 975,001 976,000 3,724.92 2,421.20 975,001 976,000 13,305.92 8,648.85 976,001 977,000 3,728.28 2,423.38 976,001 977,000 13,317.90 8,656.64 977,001 978,000 3,731.63 2,425.56 977,001 978,000 13,329.89 8,664.43 978,001 979,000 3,734.99 2,427.74 978,001 979,000 13,341.87 8,672.21 979,001 980,000 3,738.34 2,429.92 979,001 980,000 13,353.85 8,680.00 980,001 981,000 3,741.70 2,432.10 980,001 981,000 13,365.83 8,687.79 981,001 982,000 3,745.05 2,434.28 981,001 982,000 13,377.82 8,695.58 982,001 983,000 3,748.41 2,436.46 982,001 983,000 13,389.80 8,703.37 983,001 984,000 3,751.76 2,438.64 983,001 984,000 13,401.78 8,711.16 984,001 985,000 3,755.11 2,440.82 984,001 985,000 13,413.77 8,718.95 985,001 986,000 3,758.47 2,443.00 985,001 986,000 13,425.75 8,726.74 986,001 987,000 3,761.82 2,445.19 986,001 987,000 13,437.73 8,734.52 987,001 988,000 3,765.18 2,447.37 987,001 988,000 13,449.71 8,742.31 988,001 989,000 3,768.53 2,449.55 988,001 989,000 13,461.70 8,750.10 989,001 990,000 3,771.89 2,451.73 989,001 990,000 13,473.68 8,757.89 990,001 991,000 3,775.24 2,453.91 990,001 991,000 13,485.66 8,765.68 991,001 992,000 3,778.60 2,456.09 991,001 992,000 13,497.65 8,773.47 992,001 993,000 3,781.95 2,458.27 992,001 993,000 13,509.63 8,781.26 993,001 994,000 3,785.31 2,460.45 993,001 994,000 13,521.61 8,789.05 994,001 995,000 3,788.66 2,462.63 994,001 995,000 13,533.59 8,796.84 995,001 996,000 3,792.01 2,464.81 995,001 996,000 13,545.58 8,804.62 996,001 997,000 3,795.37 2,466.99 996,001 997,000 13,557.56 8,812.41 997,001 998,000 3,798.72 2,469.17 997,001 998,000 13,569.54 8,820.20 998,001 999,000 3,802.08 2,471.35 998,001 999,000 13,581.53 8,827.99 999,001 1,000,000 3,805.43 2,473.53 999,001 1,000,000 13,593.51 8,835.78 1,000,001 1,001,000 3,808.79 2,475.71 1,000,001 1,001,000 13,605.49 8,843.57 1,001,001 1,002,000 3,812.14 2,477.89 1,001,001 1,002,000 13,617.47 8,851.36 1,002,001 1,003,000 3,815.50 2,480.07 1,002,001 1,003,000 13,629.46 8,859.15 1,003,001 1,004,000 3,818.85 2,482.25 1,003,001 1,004,000 13,641.44 8,866.94 1,004,001 1,005,000 3,822.21 2,484.43 1,004,001 1,005,000 13,653.42 8,874.72 1,005,001 1,006,000 3,825.56 2,486.61 1,005,001 1,006,000 13,665.41 8,882.51 1,006,001 1,007,000 3,828.91 2,488.79 1,006,001 1,007,000 13,677.39 8,890.30 1,007,001 1,008,000 3,832.27 2,490.97 1,007,001 1,008,000 13,689.37 8,898.09 1,008,001 1,009,000 3,835.62 2,493.16 1,008,001 1,009,000 13,701.35 8,905.88 1,009,001 1,010,000 3,838.98 2,495.34 1,009,001 1,010,000 13,713.34 8,913.67 1,010,001 1,011,000 3,842.33 2,497.52 1,010,001 1,011,000 13,725.32 8,921.46 1,011,001 1,012,000 3,845.69 2,499.70 1,011,001 1,012,000 13,737.30 8,929.25 1,012,001 1,013,000 3,849.04 2,501.88 1,012,001 1,013,000 13,749.29 8,937.04 1,013,001 1,014,000 3,852.40 2,504.06 1,013,001 1,014,000 13,761.27 8,944.82 1,014,001 1,015,000 3,855.75 2,506.24 1,014,001 1,015,000 13,773.25 8,952.61 1,015,001 1,016,000 3,859.11 2,508.42 1,015,001 1,016,000 13,785.23 8,960.40 1,016,001 1,017,000 3,862.46 2,510.60 1,016,001 1,017,000 13,797.22 8,968.19 1,017,001 1,018,000 3,865.81 2,512.78 1,017,001 1,018,000 13,809.20 8,975.98 1,018,001 1,019,000 3,869.17 2,514.96 1,018,001 1,019,000 13,821.18 8,983.77 1,019,001 1,020,000 3,872.52 2,517.14 1,019,001 1,020,000 13,833.17 8,991.56 1,020,001 1,021,000 3,875.88 2,519.32 1,020,001 1,021,000 13,845.15 8,999.35 1,021,001 1,022,000 3,879.23 2,521.50 1,021,001 1,022,000 13,857.13 9,007.14 1,022,001 1,023,000 3,882.59 2,523.68 1,022,001 1,023,000 13,869.11 9,014.92 1,023,001 1,024,000 3,885.94 2,525.86 1,023,001 1,024,000 13,881.10 9,022.71 1,024,001 1,025,000 3,889.30 2,528.04 1,024,001 1,025,000 13,893.08 9,030.50 1,025,001 1,026,000 3,892.65 2,530.22 1,025,001 1,026,000 13,905.06 9,038.29 1,026,001 1,027,000 3,896.01 2,532.40 1,026,001 1,027,000 13,917.05 9,046.08 1,027,001 1,028,000 3,899.36 2,534.58 1,027,001 1,028,000 13,929.03 9,053.87 1,028,001 1,029,000 3,902.71 2,536.76 1,028,001 1,029,000 13,941.01 9,061.66 1,029,001 1,030,000 3,906.07 2,538.94 1,029,001 1,030,000 13,952.99 9,069.45 1,030,001 1,031,000 3,909.42 2,541.13 1,030,001 1,031,000 13,964.98 9,077.23 1,031,001 1,032,000 3,912.78 2,543.31 1,031,001 1,032,000 13,976.96 9,085.02 1,032,001 1,033,000 3,916.13 2,545.49 1,032,001 1,033,000 13,988.94 9,092.81 1,033,001 1,034,000 3,919.49 2,547.67 1,033,001 1,034,000 14,000.93 9,100.60 1,034,001 1,035,000 3,922.84 2,549.85 1,034,001 1,035,000 14,012.91 9,108.39 1,035,001 1,036,000 3,926.20 2,552.03 1,035,001 1,036,000 14,024.89 9,116.18 1,036,001 1,037,000 3,929.55 2,554.21 1,036,001 1,037,000 14,036.87 9,123.97 1,037,001 1,038,000 3,932.91 2,556.39 1,037,001 1,038,000 14,048.86 9,131.76 1,038,001 1,039,000 3,936.26 2,558.57 1,038,001 1,039,000 14,060.84 9,139.55 1,039,001 1,040,000 3,939.61 2,560.75 1,039,001 1,040,000 14,072.82 9,147.33 1,040,001 1,041,000 3,942.97 2,562.93 1,040,001 1,041,000 14,084.81 9,155.12 1,041,001 1,042,000 3,946.32 2,565.11 1,041,001 1,042,000 14,096.79 9,162.91 City of Lindsay 36 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
Building Permit Fee Plan Check Fee Building Permit Fee Plan Check Fee Building Permit Fees - Current
Total Valuation
Building Permit Fees - Suggested
Total Valuation
1,042,001 1,043,000 3,949.68 2,567.29 1,042,001 1,043,000 14,108.77 9,170.70 1,043,001 1,044,000 3,953.03 2,569.47 1,043,001 1,044,000 14,120.75 9,178.49 1,044,001 1,045,000 3,956.39 2,571.65 1,044,001 1,045,000 14,132.74 9,186.28 1,045,001 1,046,000 3,959.74 2,573.83 1,045,001 1,046,000 14,144.72 9,194.07 1,046,001 1,047,000 3,963.10 2,576.01 1,046,001 1,047,000 14,156.70 9,201.86 1,047,001 1,048,000 3,966.45 2,578.19 1,047,001 1,048,000 14,168.69 9,209.65 1,048,001 1,049,000 3,969.81 2,580.37 1,048,001 1,049,000 14,180.67 9,217.43 1,049,001 1,050,000 3,973.16 2,582.55 1,049,001 1,050,000 14,192.65 9,225.22 1,050,001 1,051,000 3,976.51 2,584.73 1,050,001 1,051,000 14,204.63 9,233.01 1,051,001 1,052,000 3,979.87 2,586.91 1,051,001 1,052,000 14,216.62 9,240.80 1,052,001 1,053,000 3,983.22 2,589.10 1,052,001 1,053,000 14,228.60 9,248.59 1,053,001 1,054,000 3,986.58 2,591.28 1,053,001 1,054,000 14,240.58 9,256.38 1,054,001 1,055,000 3,989.93 2,593.46 1,054,001 1,055,000 14,252.57 9,264.17 1,055,001 1,056,000 3,993.29 2,595.64 1,055,001 1,056,000 14,264.55 9,271.96 1,056,001 1,057,000 3,996.64 2,597.82 1,056,001 1,057,000 14,276.53 9,279.75 1,057,001 1,058,000 4,000.00 2,600.00 1,057,001 1,058,000 14,288.51 9,287.53 1,058,001 1,059,000 4,003.35 2,602.18 1,058,001 1,059,000 14,300.50 9,295.32 1,059,001 1,060,000 4,006.71 2,604.36 1,059,001 1,060,000 14,312.48 9,303.11 1,060,001 1,061,000 4,010.06 2,606.54 1,060,001 1,061,000 14,324.46 9,310.90 1,061,001 1,062,000 4,013.41 2,608.72 1,061,001 1,062,000 14,336.45 9,318.69 1,062,001 1,063,000 4,016.77 2,610.90 1,062,001 1,063,000 14,348.43 9,326.48 1,063,001 1,064,000 4,020.12 2,613.08 1,063,001 1,064,000 14,360.41 9,334.27 1,064,001 1,065,000 4,023.48 2,615.26 1,064,001 1,065,000 14,372.39 9,342.06 1,065,001 1,066,000 4,026.83 2,617.44 1,065,001 1,066,000 14,384.38 9,349.84 1,066,001 1,067,000 4,030.19 2,619.62 1,066,001 1,067,000 14,396.36 9,357.63 1,067,001 1,068,000 4,033.54 2,621.80 1,067,001 1,068,000 14,408.34 9,365.42 1,068,001 1,069,000 4,036.90 2,623.98 1,068,001 1,069,000 14,420.33 9,373.21 1,069,001 1,070,000 4,040.25 2,626.16 1,069,001 1,070,000 14,432.31 9,381.00 1,070,001 1,071,000 4,043.61 2,628.34 1,070,001 1,071,000 14,444.29 9,388.79 1,071,001 1,072,000 4,046.96 2,630.52 1,071,001 1,072,000 14,456.27 9,396.58
BUILDING PERMIT
BUILDING PERMIT
$500,001 to $1,000,000
Plan Check Fee is 65% x Building Permit Fees
Plan Check Fee is 65% x Building Permit Fees
2.90% increase based on CPI increase
$1,000,001 and up
TOTAL VALUATION
$2,128.16 for the first $500,000 plus $3.35 for each additional $1,000.00 or fraction thereof to and including $1,000,000.00
TOTAL VALUATION
$13593.5 for the first $1,000,000 plus $11.98 for each
additional $1,000.00 or fraction thereof to and including $1,000,000
For every $1,000 increase in the valuation the Building Permit increases by $3.99 and the Plan Check Fee increases by
$2.59 up to $500,000. For valuation above $500,000 please see the formulas below;
$1,000,001 and up $3,805.43 for the first $1,000,000 plus $2.20 for each additional $1,000.00 or fraction thereof to and including $1,000,000.00
City of Lindsay 37 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
PLANNING FEES
# Description
Current
Fee/Charge Unit Notes Full Cost
Subsidy
% Suggested Fee Fee Δ
1 Preliminary Plan Review $250.00 $1,004.71 0% $1,004.00 $7542 Site Plan Review $1,800.00 $2,906.94 0% $2,906.00 $1,1063 Variance Review $2,000.00 $2,425.88 0% $2,425.00 $4254 Conditional Use Review $2,000.00 $2,425.88 0% $2,425.00 $4255 Home Occupation Permit $150.00 $117.27 0% $117.00 -$336 Sign Review $150.00 $155.59 0% $155.00 $57 Zoning Text Amendment Request $3,500.00 $4,549.90 0% $4,549.00 $1,0498 Zone Change $3,900.00 $5,331.93 0% $5,331.00 $1,4319 General Plan Amendment $3,900.00 $5,331.93 0% $5,331.00 $1,43110 Planned Unit Development $2,400.00 $3,001.70 0% $3,001.00 $60111 Lot Line Adjustment $1,800.00 Deposit $2,835.15 0% $2,835.00 $1,03512 Tentative Parcel Map $3,800.00 Deposit $5,239.84 0% $5,239.00 $1,43913 Tentative Subdivision Map $5,700.00 Deposit $8,148.65 0% $8,148.00 $2,44814 Final Parcel Map Check $1,600.00 Deposit $2,658.91 0% $2,658.00 $1,05815 Subdivision Map Check $3,300.00 Deposit $4,247.91 0% $4,247.00 $94716 Annexation Processing $1,360.00 Deposit $6,192.44 0% $6,192.00 $4,83217 Development Extension Review $110.00 $217.19 0% $217.00 $10718 Planning Appeal Processing $170.00 $769.50 0% $769.00 $59919 Environmental Impact Review - Deposit $530.00 Deposit $2,597.03 0% $2,597.00 $2,06720 Grading Plan Check $400.00 Deposit $726.59 0% $726.00 $32621 Grading Inspection $100.00 Minimum Fee - 1-4 residential units $193.73 0% $193.00 $9328 Compliance Review $80.00 $117.27 0% $117.00 $37 29 R.O.W. Encroachment Plan Check/Review $100.00 $105.54 1% $105.00 $530 Zoning Code Enforcement31 Infraction $100.00 $203.25 0% $203.00 $10332 Misdemeanor $340.00 $414.24 0% $414.00 $7433 New Fees Added34 General Plan Update Fee New % of Building Permit Fee 13% 40% 8% NA 35 Conditional Use Permit (CUP) Amendment New $1,794.88 0% $1,794.00 NA 36 Development Agreement New $8,338.36 0% $8,338.00 NA
37 Environmental-Categorical Exemption New $408.80 0% $408.00 NA 38 Environmental-Negative Declaration or Mitigated ND New $6,226.53 0% $6,226.00 NA39 Extension Request New $941.94 0% $941.00 NA 40 Will Serve Analysis Fee New Variable NA $5,000 Deposit NA City of Lindsay 38 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 225
PLANNING FEES
# Description
Current
Fee/Charge Unit Notes Full Cost
Subsidy
% Suggested Fee Fee Δ
41 Special Event Permit42 Category I; Temporary Signs, Grand Opening Banners/ Balloons $30.00 $251.89 1% $250.00 $22043 Category II; Temporary Uses of 3 days or Less (Valentine's Day flower sales, firework sales) $50.00 $356.04 2% $350.00 $300 44 Category III; Events with less than 100 attendees $85.00 $457.65 2% $450.00 $36545 Category IV; Events with 100-499 attendees $125.00 Variable NA $800 Deposit NA46 Category V; Events with greater than 500 attendees; Events involving the sale of alcohol. $175.00 Variable NA $1,500 Deposit NA47 Low Impact Road Closure $100.00 $351.76 0% $351.00 $25148 High Impact Road Closure $250.00 $686.18 0% $686.00 $43649 Mobile Vending Permit $150.00 $370.45 0% $370.00 $22050 Sidewalk Vending Permit New $370.45 0% $370.00 NA 51 Engineering Development/Public Improvement Plan Check and Inspection, percent by value New Charge 4% of project valuation NA NA 4.00% NA City of Lindsay 39 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 226
PUBLIC SAFETY FEES
# Description
Current
Fee/Charge Unit Authority Full Cost Subsidy % Suggested Fee Fee Δ 1 Manual Fingerprints $25.00 Council $32.30 1% $32.00 $7 2 Live Scan Fingerprints $25.00 Council $32.30 1% $32.00 $7 3 Records Check/Clearance Letter $20.00 Council $19.06 0% $19.00 -$1 4 Vehicle Equipment Correction- Our Cite $20.00 Council $40.79 2% $40.00 $20 5 Vehicle Equipment Correction- Other Agency's Cite $20.00 Council $40.79 2% $40.00 $20 6 VIN Verification $20.00 Council $48.94 2% $48.00 $28
7 Crime Report $1.00 per page 6253(b)GC $12.70 92% $1.00 per page $0 8 Crime Report- DV Victim Copy N/C 6228 FC NA NA N/C $0 9 Fire Report $1.00 per page Council $6.35 84% $1 per page $0 10 Photos/CD $20.00 All Digital Media 6253(b)GC $18.38 2% $18.00 -$2 11 Traffic Accident Report $25.00 20012 VC $37.18 0% $37.00 $12 12 General Duplication (8.5"x11" STD) .10 per page 6253(b)GC $0.25 60% .10 per page $0 13 Vehicle Release $125.00 Council $221.19 0% $221.00 $96 14 Animal Surrender (Self-Transport) $50 per animal/ $100 per litter Council $64.47 1% $64.00 $14/-$36 15 Animal Surrender (Officer Transport) $75 per animal/ $125 per litter Council $113.42 0% $113.00 $38/-$12 16 LMC Violations (1st Offense) $100.00 1.16.010 LMC NA NA $100.00 $0 17 LMC Violations (2nd Offense) $500.00 1.16.010 LMC NA NA $500.00 $0 18 LMC Violations (3rd & Subsequent Offense) $1,000.00 1.16.010 LMC NA NA $1,000.00 $0 19 LMC Violations- Parking (Street, Etc.) $50.00 14.03.160 LMC NA NA $50.00 $0 20 Second Violation $100.00 14.03.160 LMC NA NA $100.00 $0 21 Third Violation $250.00 14.03.160 LMC NA NA $250.00 $0 22 LMC Violations- Parking (City Property) 1st offense $50.00 10.04.190 LMC NA NA $50.00 $0 23 LMC Violations- Parking (City Property) 2nd offense $100.00 10.04.190 LMC NA NA $100.00 $0 24 LMC Violations- Parking (City Property) 3rd & subsequent offense $250.00 10.04.190 LMC NA NA $250.00 $0 25 LMC Violation- Handicapped Parking $250.00 10.04.120(M) LMC NA NA $250.00 $0 26 Administrative Citation (Misdemeanor) $1,000.00 1.18.040(A) LMC NA NA $1,000.00 $0 27 Administrative Citation (Infraction, 1st Offense) $100.00 1.18.040(B)(1) LMC NA NA $100.00 $0 28 Administrative Citation (2nd Offense) $200.00 1.18.040(B)(2) LMC NA NA $200.00 $0 29 Administrative Citation (3rd and subsequent) $500.00 1.18.040(B)(3) LMC NA NA $500.00 $0 30 Fireworks Citation (First Offense) $1,000.00 53069.4GC, 12557 HS NA NA $1,000.00 $031 Fireworks Citation (Second Offense) $2,000.00 53069.4GC, 12557 HS NA NA $2,000.00 $0 32 Fireworks Citation (Third & Subsequent Offense) $3,000.00 53069.4GC, 12557 HS NA NA $3,000.00 $0 33 Statutory Registrants $25.00 Council $32.30 1% $32.00 $7 34 False Alarm Response (1st & 2nd Response Calendar Year) FREE Council NA NA FREE $0 35 False Alarm Response (3rd Response Calendar Year) FREE Council NA NA FREE $0 36 False Alarm Response (4th Response Calendar Year) $50.00 Council NA NA $50.00 $037 False Alarm Response (5th Response Calendar Year) $100.00 Council NA NA $100.00 $0 City of Lindsay 40 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 227
PUBLIC SAFETY FEES
# Description
Current
Fee/Charge Unit Authority Full Cost Subsidy % Suggested Fee Fee Δ 38 False Alarm Response (6th & Subsequent Response Calendar Year) $250.00 Council NA NA $250.00 $039 Booking Fees Pass Through Costs 29550.1GC NA NA Pass Through Costs $0 40 Emergency Response Fee Actual Costs 53150 et Seq. NA NA Actual Costs $041 DUI Response Fees Actual Costs 10.09.010 et. Seq., 53150 GC et Seq. NA NA Actual Costs $042 Fire Engine Hours $81.10 FEMA Rates NA NA per FEMA rates NA43 Fire Truck Hours $140.00 FEMA Rates NA NA per FEMA rates NA 44 Brush Truck Hours $126.50 FEMA Rates NA NA per FEMA rates NA 45 Water Utility Cost Utility Cost NA NA Utility Cost $046 Police Vehicle $16.05 FEMA Rates NA NA per FEMA rates NA47 Staff Time Actual Cost Council NA NA Actual Cost $0 City of Lindsay 41 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 228
PARKS & REC FEES
# Description
Current Fee/Charge Unit Notes
Direct Staff Cost Suggested Fee Fee Δ
1 PARK RESERVATIONS2 Arbor Size3 8x10 $50.00 plus $75 Deposit $57.97 $57.00 $74 10x10 $50.00 plus $75 Deposit $76.26 $76.00 $265 20x40 $70.00 plus $100 Deposit $94.55 $94.00 $246 Stage $50.00 plus $75 Deposit $112.84 $112.00 $627 Bounce House(s) $25.00 per Bounce House $76.26 $76.00 $518 SWEET BRIER PLAZA RENTAL FEE9 Stage10 2 hours minimum rental $65.00 HR $76.26 $76.00 $1111 Market from 4 pm to 10 pm (6 hours) $50.00 HR $76.26 $76.00 $2612 Arbor13 2 hours minimum rental $150.00 HR $112.84 $112.00 -$3814 Market from 4 pm to 10 pm (6 hours) $100.00 HR $112.84 $112.00 $1215 SENIOR CENTER RENTAL FEE16 Individual/Private Party $250.00 plus $250 Deposit Individual or a private party conducting a private activity is $250.00 with a $250.00 deposit paid at the time of reservation. Deposit will be returned within three working days of the event following a favorable facility inspection. The capacity of the space is 111 persons. $332.30 $330.00 $80
17 SKATE PARK RENTAL FEE18 Individual/Private Party New per hour plus $250 Deposit NA $159.00 NA19 WELLNESS & AQUATIC CENTER20 Facility Hour Rental *Allow extra hour for set-up/clean up (Add extra hourly rate) 21 Great Room $100.00 per hour $159.74 $159.00 $59
22 Facility All Day Rental (12 Hours Only) Anything after midnight is an extra $45 per hour 23 Security $30.00 per hour/3 hr minimum per security guard NA Actual Cost plus 10% Admin NA 24 Projectors $50.00 extra $71.70 $70.00 $2025 Pool Rental Rental includes: Tables and Chairs up to 75 people with minimum of 3 hours Saturday parties will have to be after 4:30 PM (Between June 13 & August 15) Sunday parties will be either (11:00 AM to 3:00 PM) or (4:00 PM till rental time)
26 Swim Teams & Meets $20.00 per hour $28.68 $28.00 $8
27 0-25 Guests $100.00 per hour $143.39 $143.00 $43
28 51-75 Guests $150.00 per hour $215.09 $215.00 $65
City of Lindsay 42 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 229
PARKS & REC FEES
# Description
Current Fee/Charge Unit Notes
Direct Staff Cost Suggested Fee Fee Δ
29 101-125 Guests $200.00 per hour $286.79 $286.00 $86
30 151-175 Guests $250.00 per hour $358.48 $358.00 $108 31 26-50 Guests $125.00 per hour $179.24 $179.00 $54
32 76-100 Guests $175.00 per hour $250.94 $250.00 $75
33 126-150 Guests $225.00 per hour $322.63 $322.00 $97
34 175-200 Guests $275.00 per hour $394.33 $394.00 $119 35 200-300 Guests $300.00 per hour $430.18 $430.00 $130 36 Deposit Anything after midnight is an extra $45 per hour 37 Deposit New NA $100.00 NA38 Swim Lessons
39 Group 8 days lesson $45.00 Per Session $64.53 $64.00 $1940 Advertising & Sponsorship Agreement41 Package 1 New per month NA $75.00 NA42 Package 2 New per month NA $150.00 NA43 Customized Banner Option: Package 1 New NA $75.00 NA44 Customized Banner Option: Package 2 New NA $125.00 NA45 Membership46 1 Year Contract $20.00 Per Month NA $23.00 $3 47 Month 2 Month $30.00 Per Month NA $30.00 $0
48 1 Year Medicare $15.00 Per Month NA $20.00 $5
49 M 2 M Medicare $25.00 Per Month NA $25.00 $0
50 3 Month Swim $55.00 Fee NA $55.00 $0
51 Day Pass $5.00 Fee NA $5.00 $0
52 Enrollment Fee $25.00 Fee *City Manager will at times reduce member fees or enrollment fee based on marketing promotions $39.27 $39.00 $1453 Early Cancellation Fee - if less than 1 year New No cancellation fee if greater than 1 year. NA $23.00 NA54 COL Employee $10.00 Per Month *Deducted from payroll $13.40 $13.00 $355 SPORTS COMPLEX56 Soccer Field $15.00 per field & per game NA $30.00 $15 57 Baseball Fields $30.00 per field & per game NA $50.00 $20 58 Softball Fields $30.00 per field & per game NA $40.00 $10 59 Volleyball Courts New per field & per game NA $10.00 NA60 Light towers $48.00 per tower NA $48.00 $0 City of Lindsay 43 Comprehensive User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council Page 230
27368 Via Industria, Suite 200
Temecula, CA 92590
800.755.6864 | Fax: 888.326.6864
951.587.3500 | Fax: 951.587.3510
December 13, 2022 Regular Meeting of the Lindsay City Council www.willdan.com
City of Lindsay
User Fee Study
December 13, 2022 Regular Meeting of the Lindsay City Council
2 What are User Fees?
Provide private benefit with limited or no
community benefit
State law requires that 1) individual use of the
service must be voluntary, and 2) fees must
reasonably relate to the services provided
Fee levels & cost recovery determined through
City Council fee adoption
Does not include development impact fees,
utility rates, taxes, etc.
December 13, 2022 Regular Meeting of the Lindsay City Council
3 Why Update User Fees
Subsidies in services impact the General Fund
Private & specific benefit services are subsidized by unobligated funding sources
Reduces ability to fund general & community benefits
Decreased department funding typically results in
understaffing and reduces service quality
Cost recovery knowledge and planning
Provides clarity of pressures on City resources
State requirements for reasonable cost-based fees
State 2020-804 Audit Compliance
December 13, 2022 Regular Meeting of the Lindsay City Council
4 User Fee Objectives & Steps
Determine full cost of providing services or programs Review fee schedules based on service delivery
Identify potential new fees (not currently collected) Using fully-burdened rates, calculate full cost recovery Update fees for services based on cost analysis
Incorporate or establish cost recovery goals
Subsidies allow access to services and facilitate compliance Identify appropriate fee levels that:
Enhance reasonability and applicability
Maintain consistency with local policies and objectives Maintain legal compliance with state law
December 13, 2022 Regular Meeting of the Lindsay City Council
5 Scope of the Study
Review and calculate cost of providing services and
related fees charged by the following departments and
divisions:
• Finance & Administration
• Building
• Planning
• Public Safety
• Parks & Recreation
December 13, 2022 Regular Meeting of the Lindsay City Council
6 Data & City Staff Participation
Primary types of data used:
Expenditure data
Staffing structures
Central service/Indirect overhead
Productive/billable hours
Time estimates to complete tasks
City/Department input, feedback and policies
Staff support throughout process essential to ensure
analysis fidelity
December 13, 2022 Regular Meeting of the Lindsay City Council
7 Cost Allocation Plan (CAP)
• Tool that determines a fair & equitable methodology
to identify and allocate central or indirect costs to
direct cost programs.
• Allocations reasonably represent how direct cost
programs use and benefit from indirect cost
programs.
• Used in the formation of personnel rates, budgeting
and cost reimbursement.
December 13, 2022 Regular Meeting of the Lindsay City Council
8 Indirect Cost Functions Allocated
• City Attorney
• City Council
• City Manager
• Finance
• Non-Departmental (Pooled Support Costs)
December 13, 2022 Regular Meeting of the Lindsay City Council
Summary of
Cost
Allocation –
Full Plan
Allocated Cost Summary Fiscal Year 2022-2023
Direct Cost Base
Operating Department / Division / Fund Total Allocation Modified Total Direct
Cost
Indirect Cost
Rate
$974,783 $10,237,532 10%
Operating Department
101: ASSET FORFEITURE $760 $10,000 8%
101: CITY SERVICES $60,926 $677,393 9%
101: COM DEV $44,471 $417,560 11%
101: HCD AGREEMENT SEPT 2020 $0 $0
101: LFA 2012 REVNU BOND-MCD $0 $0
101: LIBRARY LANDSCAPE DEBT $0 $0
101: PARKS $24,707 $233,169 11%
101: PUBLIC SAFETY $353,765 $3,600,999 10%
101: STREETS $31,078 $287,854 11%
200: STREET IMPROVEMENT FUND $0 $0
260: SB1 ROAD MAINTENANCE & REHAB $0 $0
261: GAS TAX FUND $28,998 $312,303 9%
263: TRANSPORTATION $16,965 $160,238 11%
266: LTF-ART 8 STREETS & ROADS $0 $0
306: - COVID-19 ARPA FUND $9,628 $86,629 11%
400: WELLNESS CENTER $91,730 $896,182 10%
460: STATE PARKS $1,900 $25,000 8%
552: WATER $140,462 $1,618,723 9%
553: SEWER $79,233 $857,729 9%
554: REFUSE $75,403 $888,523 8%
556: VITA-PAKT $4,823 $47,879 10%
660: RDA OBLIGATION RETIREMENT $0 $0
700: CDBG REVOLVING LN FUND $2,807 $30,250 9%
720: HOME REVOLVING LN FUND $3,263 $36,250 9%
781: CAL HOME RLF $190 $2,500 8%
883: SIERRA VIEW ASSESSMENT $1,193 $15,700 8%
884: HERITAGE ASSESSMENT DIST $289 $3,800 8%
886: SAMOA $190 $2,500 8%
887: SWEETBRIER TOWNHOUSES $517 $6,796 8%
888: PARKSIDE $234 $3,077 8%
889: SIERRA VISTA ASSESSMENT $182 $2,395 8%
890: MAPLE VALLEY ASSESSMENT $205 $2,700 8%
891: PELOUS RANCH $865 $11,384 8%
December 13, 2022 Regular Meeting of the Lindsay City Council
10 Summary Steps of the Study
Model
Development
Data collection
Build fee
model
Overhead and
FBHR
Calculation
Cost Analysis
Staff meetings
Update fee
schedules
Staffing and
time data
Full cost for
services
Set Cost
Recovery
Current cost
recovery
Target cost
recovery
Comparisons
User Fee
Report
Create draft
report
Staff report
review
Finalize report
Updated Fee
Adoption
Public Hearing
December 13, 2022 Regular Meeting of the Lindsay City Council
11 Finance & Administration
Time based analysis using fully burdened
hourly rates and the time it reasonably takes
to provide service.
Suggested fee notes:
• An increase to 4 fees;
• 1 new Credit Card Convenience fee would be added, and; • 11 fees would remain as currently set.
December 13, 2022 Regular Meeting of the Lindsay City Council
12 Building
Primarily time-based analysis
Suggested fee notes:
• An increase to 28 fees;
• 9 fees would decrease;
• 7 new fees would be added, including a General Plan Update fee; • 8 fees would remain as currently set, and;
• Average estimated fee increase would be at around 21% for flat fee services. The cost analysis for the Building Permit Program determined current cost recovery is at 28%
It is suggested that fees be increased to 100% cost recovery rates.
December 13, 2022 Regular Meeting of the Lindsay City Council
13 Planning
Primarily time-based and full recovery fees.
Current fees are heavily subsidizing the cost of
service.
Suggested fee notes:
• An increase to 32 fees;
• The Home Occupation Permit fee would decrease;
• 9 new fees would be added, and;
• The average estimated fee increase for existing Planning services would be at around 60%.
December 13, 2022 Regular Meeting of the Lindsay City Council
14 Public Safety
Services include a mixture of fines and user
fees.
Time based analysis.
Suggested fee notes:
• An increase to 10 fees;
• 2 fees would decrease, and;
• 31 fees and penalties would remain as currently set,
with some set at actual cost of providing service.
December 13, 2022 Regular Meeting of the Lindsay City Council
15 Parks & Recreation
Analysis of Recreation Services to determine the reasonable cost of each fee occurrence using direct service staff time to recover the direct cost of that stuff, using fully burdened hourly rates. The cost analysis for the Wellness Center found that the program is currently operating at approximately 70% cost recovery.
Suggested fee notes:
• An increase to 27 fees;
• A decrease to 2 fees;
• 8 new fees would be added, and;
• 6 fees would remain as currently set.
December 13, 2022 Regular Meeting of the Lindsay City Council
16 Policy Considerations
General standard: individuals or groups who receive private benefit from service should pay 100% of cost
There are tradeoffs to subsidization and full cost recovery • Full cost recovery promotes general fund and operational health
• Subsidization most often utilized where there are general benefits recognized
• Subsidies are funded by unobligated general fund dollars Recommend inflation factor to annually adjust fees
Comprehensive fee study every 3-5 years
December 13, 2022 Regular Meeting of the Lindsay City Council
Questions
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-65
NUMBER 22-65
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
ADOPTING A NEW CITYWIDE FEE SCHEDULE AS A PART OF THE
USER FEE STUDY AND COST ALLOCATION PLAN REPORTS,
ESTABLISHING AND AMENDING MUNICIPAL FEES AND CHARGES
FOR VARIOUS MUNICIPAL SERVICES, AND REPEALING ALL
OTHER RESOLUTIONS RELATIVE TO MUNICIPAL FEES AND
CHARGES THERETO
At a regularly scheduled meeting of the City of Lindsay City Council held on December 13, 2022, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City is authorized to adopt and impose user and regulatory fees and charges for the municipal services and activities, it provides (collectively hereinafter “User Fees”); and WHEREAS, Article XIIIC of the California Constitution generally states that such User Fees may not exceed the reasonable costs of providing the service or performing the activity; and WHEREAS, the City must periodically review User Fees to ensure the revenues produced by said fees are sufficient to defray the cost of providing such services and do not exceed the estimated reasonable cost of providing such services; and
WHEREAS, On August 26, 2021, the State Auditor issued Report 2020-804 regarding the City of Lindsay which was conducted as part of the high-risk local government agency audit program. In Report 2020-804, the State Auditor issued a number of findings and required the City of Lindsay to submit a Corrective Action Plan by November 2021. On November 09, 2021, the Lindsay City Council adopted the City of Lindsay Corrective Action Plan via Resolution 21-48. The User Fee Study and Cost Allocation Plan were conducted directly in response to State Auditor Report 2020- 804; and
WHEREAS, the City Council retained Willdan Financial Services (“Willdan”) to conduct a comprehensive analysis and study of its activities and services, the costs of providing those services and activities, the beneficiaries of those services, and the revenues produced by those paying fees and charges for such services and activities to ensure that existing fees did not exceed the costs of service and to provide an opportunity for the City Council to re-align User Fees with current cost recovery goals; and
WHEREAS, the results and findings of said analysis and cost allocation study are detailed in the final reports issued by Willdan, titled: City of Lindsay, CA User Fee Study (the “User Fee Study”) December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-65
attached hereto as Exhibit A and City of Lindsay, CA Cost Allocation Plan (the “Cost Allocation Plan”), attached hereto as Exhibit B; and
WHEREAS, pursuant to Government Code Sections 66016 and 66018, notice of the proposed adoption of the User Fee Study Report and Cost Allocation Plan was provided in the form of a notice mailed to interested parties at least fourteen days prior to the public hearing, and public hearing notices published at least ten (10) days prior to the public hearing, in the Porterville Recorder; and
WHEREAS, the User Fee Study Report was made available for public review in the City Clerk’s office and on the City’s website at least ten (10) days prior to the public hearing; and WHEREAS, Willdan developed a fee schedule based upon the User Fee Study and Cost Allocation Plan which contains all proposed updates to User Fees recommended for adoption by the City Council, attached hereto to the User Fee Study Report; Exhibit A; and WHEREAS, the City Council conducted a duly noticed public hearing regarding the proposed adoption of the User Fee Study and Cost Allocation Plan at its regularly scheduled meeting on December 13, 2022, during which it heard public testimony and comment; and WHEREAS, adoption of the proposed fee schedule is intended to improve the City’s recovery of the costs incurred to provide individual services, and represents the costs reasonably borne by the City in providing direct services to individuals or groups rather than to the general populace of the City; and
WHEREAS, based upon the data and findings provided in the User Fee Study and Cost Allocation Plan, the proposed fee schedule within the User Fee Study Report represent the reasonable costs incurred by the City in providing the listed services and activities and therefore do not exceed the City’s cost of providing the same.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference together with any definitions and findings set forth therein.
SECTION 2. The City Council has reviewed and hereby approves and adopts the User Fee Study attached hereto as Exhibit A, as well as the Cost Allocation Plan attached hereto as Exhibit B. Adoption of the fee schedule within the User Fee Study Report authorizes implementation of updated User Fees to be charged for City services and activities effective sixty (60) days post public hearing adoption. Annually or periodically thereafter, the User Fees will be reviewed, and where applicable, may be adjusted provided that: 1) no fee or charge exceeds the reasonable costs associated with providing the service; and 2) such adjustments are duly adopted by the City Council, following an appropriately noticed public hearing.
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-65
SECTION 3. The City Council hereby affirms, based on the findings of the User Fee Study and Cost Allocation Plan, that the fees contained within the User Fee Study Report, attached hereto as Exhibit A, represent no more than the reasonable costs incurred by the City in providing the listed services and activities and do not exceed the City’s cost of providing the same.
SECTION 4. Effective as of December 13, 2022, any other resolutions or administrative actions by the City Council, or parts thereof that are inconsistent with any provisions of this Resolution are hereby superseded, but only to the extent of such inconsistency.
SECTION 5. The City Council finds that the setting or revising of fees pursuant to this Resolution is exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to Public Resources Code Section 21080(b)(8) and Section 15272 of the CEQA Guidelines, which provide an exemption for the establishment or modification of charges by public agencies that the public agency finds are for the purpose of meeting operating expenses.
SECTION 6. This Resolution shall take effect immediately upon its adoption. However, the User Fees set forth in the fee schedule within the User Fee Study in the attached Exhibit A shall not be in force or effective until sixty (60) days post public hearing adoption.
SECTION 7. Immediately following the implementation of new fees, the City Council hereby authorizes the City Manager to administratively set fees for certain services lower than indicated on the fee schedule. However, any increase in fees will be subject to State Law and City Council approval.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE December 13, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-65
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
FRANCESCA QUINTANA
CITY CLERK MAYOR
December 13, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 13.1
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Consider the Approval of Second Amendment to Professional Services Agreement to Provide Professional Consulting and Related Services by and between Retail Strategies, LLC and the City of Lindsay and Authorize City Manager to Execute Any Documents Thereto.
Staff recommends that the City Council approve the contract amendment with Retail Strategies, LLC (“Consultant”) for professional retail requirement services.
BACKGROUND | ANALYSIS
At the November 08, 2022, regular meeting of the Lindsay City Council, the Council approved termination of the contract with Retail Strategies, LLC. As a result of the termination, Retail Strategies has agreed to continue the retail requirement portion of the contract at no cost to the City (“Client”).
The Consultant has agreed to revise its services and focus solely on retail recruitment in year two (2) of the Agreement, and the Client shall have the option to extend the Agreement for year three (3) for retail recruitment services. If the Client chooses to extend the Agreement for year three (3), the provisions are set forth within the attached amendment.
FISCAL IMPACT
There is no fiscal impact to amend the contract for 2023. If the City elects to continue services for year three (3), the cost to the City is $40,000.
ATTACHMENTS
• Second Amendment to Professional Services Agreement
December 13, 2022 Regular Meeting of the Lindsay City Council
Execution Copy
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING & RELATED SERVICES
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING & RELATED SERVICES (this “Amendment”) is entered into as of the ____ day of ________ 2022 (the “Effective Date”), by and between RETAIL STRATEGIES, LLC, an Alabama limited liability company (the “Consultant”), and The City of Lindsay, CA (the “Client”). Any capitalized terms used herein for which a definition is not provided herein shall have the meanings assigned to such terms in that certain Professional Services Agreement to Provide Professional Consulting and Related Services, with an Execution Date as of November 29, 2021 (the “Original Agreement”), as amended by that certain Frist Amendment to Professional Services Agreement to Provide Professional Consulting & Related Services, with an Execution Date as of January 14, 2022 (the “First Amendment”) (together with the Original Agreement, the “Agreement”).
W I T N E S S E T H:
WHEREAS, the signatories hereto desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the foregoing, of the mutual promises set forth herein, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree to continue and amend the Agreement as follows:
1. CONSULTING SERVICES. The Consultant agrees to provide the following professional services to the Client (the “Services”):
The Consultant agrees to revise its Services and focus solely on retail recruitment in Year 2 of the Agreement, and the Client shall have the option to extend the Agreement for Year 3 for retail recruitment services, if Client chooses to extend the Agreement for Year 3 (as set forth below).
2. TERM. The Consultant’s engagement and this Agreement will terminate automatically on the second anniversary of the Execution Date (the “Term”) unless earlier terminated as provided in Section 6 of the Agreement; provided, however, the Client may elect to extend the Term for a third year (“Year 3”) by delivering written notice to the Consultant of its intent to extend the Agreement for Year 3 no later than four (4) months prior to the termination of Year 2. Thereafter, at the end of the Term, the Client, acting by and through the Client Representative, may extend the Term at its option for successive one-year periods on such terms and conditions as the Client Representative, acting for and on behalf of the Client, and the Consultant may agree upon in writing.
3. CONSULTING FEE. In consideration for providing the Services, the Client agrees to pay the Consultant a consulting fee (the “Consulting Fee”) in an amount equal to $150,000. The Consulting Fee will be paid in installments of immediately available funds as December 13, 2022 Regular Meeting of the Lindsay City Council
follows:
Contract Period Payment Date Payment Amount
Year One January 14, 2022 $110,000
Year Two
On or before the 1st
anniversary of the First
Amendment
No Charge ($0.00)
Year Three On or before 12/15/2023 $40,000
Consultant will invoice Client upon completion of each item referenced above, and Client shall remit payment to Consultant within thirty (30) days of receipt of an invoice.
4. Except as amended by the provisions hereof, the Agreement, shall remain in full force and effect in accordance with its terms and is hereby ratified, confirmed and reaffirmed by the undersigned for all purposes and in all respects.
5. This Second Amendment shall be binding upon and shall inure to the benefit of the parties hereto, their respective legal representatives, successors and assigns.
6. This Second Amendment may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or the same counterpart.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date first written above.
CONSULTANT:
RETAIL STRATEGIES, LLC
By: __________________________
Name: Robert R. Jolly, Jr.
Title: CEO/Principal
Date: _________________________
CLIENT:
City of Lindsay, CA
By: __________________________
Name: Joseph Tanner
Title: City Manager
Date:_________________________
December 13, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 13.2
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Consider the Approval of Resolution 22-67, A Resolution of the City Council of the City of Lindsay, County of Tulare, State of California, Authorizing the Purchase and Sale Agreement, Deed of Trust, and Covenant Agreement for the Property Located at 365 Sweetbriar Avenue, Lindsay, CA 93247 (APN’s 205-293-011 and 205-293-015) Commonly Referred to as McDermont Field House, Finding that the Acquisition is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15312 of the CEQA Guidelines, and Authorizing City Manager to Execute Any Documents Thereto.
Staff recommends that the City Council approve the Purchase and Sale Agreement (“P&S”), Deed of Trust, and Covenant Agreement for the property located at 365 Sweetbriar Avenue, Assessor’s Parcel Number’s 205-293-011, and 205-293-015.
BACKGROUND | ANALYSIS
Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller the Property, at the price and pursuant to the provisions and conditions of the attached Agreement. The total price payable to Seller for the Property shall Nine Hundred Thousand Dollars and No Cents ($900,000.00), payable in all cash at the Close of Escrow. (“Purchase Price”) Seller shall credit Buyer $100,001 already paid to Seller. Buyer, furthermore, covenants that, upon the closing, Buyer shall continue to operate the regional recreational center located at the Property, such as Buyer has been operating, in the manner described in the Covenant Agreement until January 1, 2028, and Buyer shall maintain ownership of the Property until January 1, 2028.
This transaction is exempt from the Surplus Land Act if it closes before January 01, 2023.
The P&S includes all fixtures and equipment that are already in use at the existing building.
FISCAL IMPACT
Per the settlement agreement with the California State Housing and Community Development Department (CDBG), the sale proceeds are restricted and may not be recycled back into the community.
However, HCD has agreed to waive that provision if the proceeds go towards a Community Development Block Grant type project. CDBG projects may include parks, water, sewer, or other capital improvement projects that benefit low-income residents. Staff will come back to the City Council with an identified water project after escrow closes.
December 13, 2022 Regular Meeting of the Lindsay City Council
ATTACHMENTS
• Purchase and Sale Agreement
• Deed of Trust
• Covenant Agreement
• Letter from Housing and Community Development (HCD)
• Resolution 22-67
December 13, 2022 Regular Meeting of the Lindsay City Council
AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY AND BUSINESS ASSETS (McDermont Fieldhouse – 365 N Sweetbriar Ave, Lindsay, CA 93247)
THIS AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY AND BUSINESS ASSETS (“Agreement”) is entered as of the date of the last signature of the parties on the signature page hereto (the “Effective Date”) between the City of Lindsay, a California municipal corporation (“Seller”), and McDermont Venture, LLC, a California limited liability company, or its nominee or assignee (“Buyer”).
Recitals
A. Seller is the owner of that certain real property consisting of a recreation center colloquially known as McDermont Fieldhouse located at 365 N Sweetbriar Avenue, Lindsay, California 93247, Tulare County Assessor Parcel Numbers 205-293-011, and 205-293-015, in total all land consisting of approximately 2.5 gross acres and more fully described by legal description attached hereto as Exhibit “A” (“Land”) as well as all the following items:
i. All buildings, improvements and structures situated on the Land, the, all other personal property including but not limited to fixtures, equipment and appliances, if any, now located upon the Land, owned by Seller, and used or useful in connection with and for the occupancy, management and/or operation of the Land, buildings and improvements; and (b) all accessions, rights, privileges, appurtenances and all of the estate and rights of Seller, if any, in and to the foregoing or otherwise appertaining to any of the Land, buildings, improvements, and structures described herein (collectively, the “Improvements”).
ii. Seller's interest in and to all: (i) assignable service contracts related solely to the Property (the "Service Contracts"); (ii) assignable warranties and guaranties issued to or inuring to the benefit of Seller solely in connection with the Property and its structures, improvements, or related personal property (the "Warranties"), (iii) assignable licenses and permits held by Seller at the time of Closing relating solely to the Property (the "Permits"); and all tangible personal property, furnishings, fixtures, equipment, machinery, parts, accessories, and inventory belonging to Seller and located at the Land (the “Business Property").
The Land, and Improvements, Service Contracts, Warranties, Permits, and Business Property, together with all rights described in A.(i) - (ii) above are hereinafter collectively referred to as the “Property.”
B. Buyer and Seller entered into that certain Service Agreement to Operate McDermont Field House dated December 30, 2017 (“Lease”) wherein Buyer agreed with Seller the terms of operation of the Property and granted Buyer an option to purchase the Property.
C. Buyer has operated a sports complex with the use of the Property which Buyer now wishes to Purchase since 2018.
D. The Seller is a municipal corporation in Tulare County, State of California.
December 13, 2022 Regular Meeting of the Lindsay City Council
E. Buyer has operated the recreation center since 2017.
F. Buyer desires to purchase from Seller and Seller desires to sell to Buyer the Property at the price and upon terms and conditions provided for in this Agreement.
G. Buyer and Seller understand that the purchase and sale of the Property are conditioned on the approval from the Lindsay City Council, and the State of California Housing and Community Development Department’s approval of the Seller’s use of escrow proceeds of approximately Eight Hundred Thousand Dollars and No Cents ($800,000.00) for community development purposes.
H. The parties both agree that primary and dominant use of the building will remain a recreational facility until at least January 1, 2028.
I. The property is exempt from the Surplus Land Act (“SLA”) as long as escrow closes on or before December 31, 2022; if escrow fails to close by that date, the exemption shall automatically expire and SLA’s requirements must be satisfied.
J. The transfer of the property is exempt from the CEQA process.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows:
Section 1. Definitions
Defined terms are provided in the text of this Agreement. Additionally, as used in this Agreement, the following terms are defined:
“Business Day” means a calendar day on which the County Recorder’s office of the County of Tulare, State of California is open to transact business. “Environmental Laws” means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”) [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (“RCRA”) [42 U.S.C.A. §§ 6901 et seq.]; the Clean Water Act also known as the Federal Water Pollution Control Act (“FWPCA”) [33 U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act (“TSCA”) [15 U.S.C.A. §§ 2601 et seq.]; the Hazardous Materials Transportation Act (“HMTA”) [49 U.S.C.A. §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 U.S.C.A. §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 U.S.C.A. §§ 9601 et seq.]; the Clean Air Act [42 U.S.C.A. §§ 7401 et seq.]; the Safe Drinking Water Act [42 U.S.C.A. §§ 300f et seq.]; the Solid Waste Disposal Act [42 U.S.C.A. §§ December 13, 2022 Regular Meeting of the Lindsay City Council
6901 et seq.]; the Surface Mining Control and Reclamation Act [30 U.S.C.A. §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 U.S.C.A. §§ 11001 et seq.]; the Occupational Safety and Health Act [29 U.S.C.A. §§ 655, 657]; the California Underground Storage of Hazardous Substances Act [Health & Saf. Code, §§ 25280 et seq.]; the California Hazardous Substances Account Act [Health & Saf. Code, §§ 25300 et seq.]; the California Hazardous Waste Control Act [Health & Saf. Code, §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [Health & Saf. Code, §§ 25249.5 et seq.]; the PorterCologne Water Quality Act [Wat. Code, §§ 13000 et seq.], together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted which pertains. to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.
“Hazardous Substances” includes without limitation:
(a) Those substances included within the definitions of “hazardous substance,” “hazardous waste,” “hazardous material,” “toxic substance,” “solid waste,” or “pollutant or contaminant” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”) [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (“RCRA”) [42 U.S.C.A. §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (“FWPCA”) [33 U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act (“TSCA”) [15 U.S.C.A. §§ 2601 et seq.]; the Hazardous Materials Transportation Act (“HMTA”) [49 U.S.C.A. §§ 1801 et seq.] or under any other Environmental Law;
(b) Those substances listed in the United States Department of Transportation (DOT) Table [49 C.F.R. § 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 C.F.R. Part 302]; (c) Other substances, materials, and wastes which are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (d) Any material, waste, or substance which is (i) a petroleum or refined petroleum product, (ii) asbestos, (iii) polychlorinated biphenyl, (iv) designated as a hazardous substance pursuant to 33 U.S.C.A. § 1321 or listed pursuant to 33 U.S.C.A. § 1317, (v) a flammable explosive, or (vi) a radioactive material.
Section 2. Purchase and Sale.
Seller agrees to sell and Buyer agrees to purchase the Property on the terms and conditions in this Agreement.
2.3. Permitted Liens.
Seller shall convey title to the Assets to Buyer free and clear of all liens, security interests, and encumbrances of any kind or nature, other than a purchase money deed of trust securing payment of approximately Eight Hundred Thousand Dollars and No Cents ($800,000) in favor December 13, 2022 Regular Meeting of the Lindsay City Council
of Buyer’s lender, who shall have first position, the Covenant Agreement (defined below), which shall be recorded in second position, and the Deed of Trust (defined below), which shall be recorded in third position(the “Permitted Liens”). The deed of trust shall contain the form substantially contained in Exhibit B hereto (“Seller Deed of Trust”) and the Covenant Agreement shall be substantially in the form contained at Exhibit C hereto (“Covenant Agreement”).
2.4. Risk of Loss.
Seller assumes all risk of loss or damage to the Property prior to the Close of Escrow. In the event there is any material loss or damage to all or any portion of the Property prior to the Close of Escrow, Buyer may either terminate this Agreement, or negotiate with Seller for a proportionate reduction in the Purchase Price to reflect the loss or damage. For the purposes of this provision, the term “material loss or damage” shall mean any loss or damage to the Property with an aggregate cost of $10,000.00. However, because the Buyer is currently in possession of the Property, Buyer will assume the risk of any loss that occurs due to intentional or negligent acts of the Buyer while operating its business at the Property.
Section 3. Purchase Price
3.1 Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller the Property, at the price and pursuant to the provisions and conditions of this Agreement. The total price payable to Seller for the Property shall Nine Hundred Thousand Dollars and No Cents ($900,000.00), payable in all cash at the Close of Escrow. (“Purchase Price”) Seller shall credit Buyer $100,001 already paid to Seller. Buyer, furthermore, covenants that, upon the closing, Buyer shall continue to operate the regional recreational center located at the Property, such as Buyer has been operating, in the manner described in the Covenant Agreement until January 1, 2028 and Buyer shall maintain ownership of the Property until January 1, 2028. Buyer acknowledges that the covenants described in this section are material forms of non-monetary consideration that influenced Seller’s agreement to the Purchase Price amount identified herein and that Seller and Seller’s residents will suffer damages if either of the covenants is breached. Buyer shall have the right to reasonably allocate the total amount of the purchase price between following categories:
1. Real Property
2. Personal Property
3. Contracts
4. Intangible Property
5. Other
The purchase shall not consider the Lease nor any Tenant improvements in terms of its valuation. The parties agree to abide by the allocation of the Purchase Price specified by Buyer, and agree to report the transaction as so allocated for tax reporting purposes.
The Purchase Price of the Property shall be payable as follows:
3.1.1 Buyer shall be credited with One Hundred Thousand, One Dollars and No Cents ($100,001) that Seller acknowledges Buyer has already paid directly to Seller on January 28, 2022; and
December 13, 2022 Regular Meeting of the Lindsay City Council
3.1.2 Seven Hundred Ninety-Nine, Nine Hundred Ninety-Nine Thousand Dollars ($799,999) all cash payable to Seller at the Close of Escrow.
3.1.3 Buyer agrees to deposit with Escrow Holder (defined below) on or before the Close of Escrow the remainder of the Purchase Price by official bank cashier’s check or, at Seller’s request, by wiring immediately available federal funds to a bank account designated by Seller (“Cash Payment”).
3.1.4 Buyer agrees also to subject the Land to a deed of trust (“Deed of Trust”), which shall be subordinate to its purchase money deed of trust, and the Covenant Agreement, both of which will be recorded against the Land at closing. The Covenant Agreement shall set forth the covenants described in Section 3.1. and shall state that, if the Property ceases to be used as a regional recreation center or the Land’s ownership changes prior to January 1, 2028, Buyer shall pay liquidated damages to Seller in the amount of One Million, One Hundred Thousand Dollars ($1,100,000), which amount shall be secured by the Deed of Trust. The Deed of Trust shall be reconveyed by Seller and Seller’s rights under the Covenant Agreement will be quitclaimed to Buyer promptly Buyer satisfies the covenants through January 1, 2028.
Section 4. Deposit and Opening of Escrow. Buyer shall, upon the parties’ execution of this Agreement, deposit Ten Thousand Dollars and No Cents ($10,000.00) (“Deposit”) with Escrow Holder (defined below) to open escrow. Escrow Holder The Deposit shall be applied to the Purchase Price upon the Close of Escrow. If Escrow does not close because Buyer fails to perform all obligations under this Agreement and Seller is not otherwise in default, Escrow Holder shall deliver, upon Seller’s demand, the Deposit and all interest to Seller as liquidated damages pursuant to Section 5. If Escrow does not close because Seller fails to perform any obligations under this Agreement or because of the failure of any of Seller’s representations or warranties in this Agreement, Escrow Holder shall deliver the Deposit and interest, without demand, deduction, or offset, to Buyer following Escrow Holder’s receipt of Buyer’s Termination Notice. This Agreement shall constitute the instructions for the Escrow upon acceptance by Escrow Holder. Upon execution of this Agreement by the Parties, a true and correct copy of this Agreement shall be deposited with Escrow Holder. The Parties shall also execute such additional escrow instructions as may be required by the Escrow Holder, but the same shall be consistent with this Agreement and not modify the terms hereof unless specifically approved by the Parties, such approval to be given or withheld in their sole discretion. If any of the general provisions conflict with the provisions of this Agreement, the provisions of this Agreement shall control.
Section 5. LIQUIDATED DAMAGES UPON BUYER’S DEFAULT. IF ESCROW FAILS TO CLOSE BY THE SCHEDULED CLOSING DATE IDENTIFIED HEREIN AS A RESULT OF BUYER’S
DEFAULT IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, THE December 13, 2022 Regular Meeting of the Lindsay City Council
DEPOSIT AND INTEREST ACCRUED THEREON SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES AND AS SELLER’S EXCLUSIVE REMEDY AGAINST BUYER, AT LAW OR IN EQUITY OR OTHERWISE. RETENTION OF SUCH FUNDS BY SELLER AS LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE. BECAUSE OF THE SPECIAL NATURE OF THE NEGOTIATIONS THAT PRECEDED ACCEPTANCE BY SELLER OF BUYER’S OFFER TO ACQUIRE
THE REAL PROPERTY, THE PARTIES ACKNOWLEDGE THAT THE ACTUAL DAMAGE THAT
WOULD RESULT TO SELLER AS A RESULT OF SUCH FAILURE WOULD BE EXTREMELY DIFFICULT TO ESTABLISH. IN ADDITION, BUYER DESIRES TO LIMIT ITS POTENTIAL LIABILITY TO SELLER IN THE EVENT THAT THIS TRANSACTION SHALL FAIL TO CLOSE. BY SEPARATELY
INITIALING BELOW, THE PARTIES HEREBY ACKNOWLEDGE THEIR AGREEMENT CONCERNING LIQUIDATED DAMAGES:
____________ ____________
Buyer Initials Seller Initials
Section 6. Conditions Precedent
6.1 Conditions Precedent to Closing. Buyer’s obligation to purchase the Property from Seller is subject to the following conditions precedent (“Conditions Precedent”), which are for Buyer’s benefit only:
Buyer shall evidence approval or disapproval by delivering written notice to Seller and to Escrow Holder of Buyer’s approval or disapproval of the Preliminary Report or any of the Exceptions. Buyer’s failure to give Seller and Escrow Holder written notice of Buyer’s approval of the Preliminary Report and all Exceptions within the specified time period shall be deemed disapproval of the Preliminary Report. If Buyer notifies Seller and Escrow Holder of one or more objectionable Exceptions, Seller shall have three (3) Days from receipt of such written notice to (i) remove the objectionable Exception(s), or (ii) refuse to remove the objectionable Exception(s), in which case Buyer may elect to waive its objection(s) and consummate this transaction, or terminate this Agreement and receive a refund of the Deposit and accrued interest, whereupon neither Party shall have any further obligation to sell or purchase the Property. If Buyer notifies Seller and Title Company of Buyer’s disapproval of the Condition of Title, Seller shall have three (3) Days from the date of the notification to correct the Condition of Title to the satisfaction of Buyer. From and after the effective date of the Preliminary Report, Seller shall not alter the Condition of Title without the express written consent of Buyer.
Notwithstanding Buyer’s failure to disapprove of any Exceptions, Seller shall cause the removal of all monetary liens and encumbrances affecting title to the Property by the Close of Escrow.
6.1.2 Title Policies. On or before the Close of Escrow, Buyer shall have received evidence that Escrow Holder is ready, willing, and able to issue, upon payment of Escrow Holder’s regularly December 13, 2022 Regular Meeting of the Lindsay City Council
scheduled premium, (A) an American Land Title Association (ALTA) extended owner’s policy of title insurance (“Owner’s Policy”) in the face amount of the Purchase Price, and (B) an American Land Title Association (ALTA) lender’s policy of title insurance (“Lender’s Policy” and together with the Owner’s Policy, “Title Policies”) in the original principal amount of the purchase money loan. each with the endorsements Buyer and Lender may respectively require (“Endorsements”), showing title to the Property vested in Buyer subject only to the Condition of Title, the lien of real property taxes for the current fiscal year not yet due or payable, the lien of the purchase money loan documents, and the standard preprinted exceptions and stipulations of the Title Policies.
6.1.3 Physical Condition of the Property.
6.1.3.1 Buyer has been in possession of the Property since the parties’ execution of the Lease and is aware of the Property’s current condition.
6.1.3.2 Buyer expressly acknowledges that Buyer is buying the Property in an “AS IS AND WHERE AS” condition, and that it has not relied on any warranties, promises, understandings or representations, express or implied, of Seller or any employee, agent or representative of Seller, or any document relating to the Property, except as are specifically set forth in this Agreement. Buyer acknowledges that any and all environmental assessments, engineering studies and other information of any type that Buyer has received or may receive from Seller or its agents are furnished on the express condition that Buyer shall make an independent verification of the accuracy of any and all such information, all such information being furnished without any warranty whatsoever
6.1.3.3 Buyer acknowledges and agrees that neither Seller nor any employee, agent or representative of Seller has made any representation or warranty to Buyer concerning the Property, including, without limitation, the suitability of the Property for Buyer’s intended use or its compliance with any statutes, ordinances, rules or regulations. Buyer shall perform and rely solely upon its own independent investigation concerning the Property and the Property’s compliance with any applicable law. Buyer acknowledges that it is acquiring the Property subject to all existing laws, ordinances, rules and regulations, and that neither Seller nor any of Seller’s representatives, agents or employees have made any warranties, representations or statements regarding any laws, ordinances, rules and regulations of any governmental or quasi-governmental body, entity, district or agency having authority with respect to the use, condition or occupancy of the Property.
6.1.3.4 Buyer shall perform and rely solely upon its own investigation concerning Buyer’s intended use of the Property, the Property’s fitness therefore, and the permissibility of such intended use under applicable statutes, ordinances, rules and regulations.
6.1.3.5 Except as expressly set forth in this Agreement, Buyer will indemnify, defend, and will hold Seller harmless and hereby waives, releases, remises, acquits and forever discharges Seller of and from any and all suits, causes of action, legal, equitable or administrative proceedings, claims, demands, actual damages, punitive damages, losses, costs, liabilities, interest, attorneys’ fees and expenses of whatever kind and nature, in law or in equity, known December 13, 2022 Regular Meeting of the Lindsay City Council
or unknown, arising on the date of closing or thereafter, and arising out of or in any way connected with, directly or indirectly, or based upon or arising out of the physical or environmental condition, status, quality, nature, or state of the Real Property; provided however, such duty to indemnify, defend, and hold Seller harmless shall not apply with respect to Seller’s gross negligence or intentional misconduct. It is the intention of this Agreement that, except for Seller’s gross negligence and intentional misconduct and except as otherwise expressly set forth herein, any and all responsibilities and obligations of Seller to Buyer, and any and all rights or claims of Buyer, its successors and assigns and affiliated entities, with respect to, or as against Seller arising by virtue of, the physical or environmental condition of the Property are by this release provision declared to be, from and after closing, null and void and of no present or future effect as to such parties. With respect to the matters released by Buyer pursuant to this Section 6.1.3, Buyer waives the benefits of Section 1542 of the Civil Code of the State of California, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” _______________
Buyer Initials
6.1.3.6 Seller shall not cause the physical condition of the Property to deteriorate or change after the date of the inspection, normal wear and tear excepted, without the prior written consent of Buyer.
6.1.4 Property Documents. Within ten (10) Business Days of this Agreement, Seller shall deliver to Buyer copies of all of the following documents in Seller’s possession relating to the Property: permits, soils reports, licenses, maintenance contracts, utility contracts, operating contracts, management contracts, service contracts, and other contracts pertaining to the Property, together with any amendments or modifications (collectively, “Property Documents”); ; a copy of the plans and specifications for the Improvements (collectively, “Plans”) if Seller is able to obtain the consent of the professional who prepared such Plans. Within ten (10) Business Days after receipt of each Property Document, and Plans from Seller, Buyer shall review and approve or disapprove each such document. On or before the Close of Escrow, Seller shall assign to Buyer all of Seller’s rights and remedies under these documents, to the extent assignable, pursuant to an assignment of contracts, warranties, guarantees, and other intangible property (“Assignment of Contracts”) in form and substance reasonably satisfactory to Buyer. At Buyer’s request, the Assignment of Contracts shall exclude Seller’s rights under any Property Documents designated by Buyer. At Buyer’s request, Seller shall obtain the consent to assignment of any other parties to the Property Documents that Buyer specifies.
6.1.5 Warranty Bill of Sale. On or before the Close of Escrow, Seller shall deliver to Buyer a warranty bill of sale (“Warranty Bill of Sale”), by which Seller shall transfer to Buyer Business Property including that listed in Schedule 1 hereto (“Personal Property”) in form and substance December 13, 2022 Regular Meeting of the Lindsay City Council
satisfactory to Buyer and free of all encumbrances.
6.1.7 UCC-3 Search. Within two (2) Business Days after the date of this Agreement, Seller shall cause Escrow Holder to commence a UCC-3 Search with regard to the Personal Property. Seller shall have caused the removal of all liens from the Personal Property by the Close of Escrow; provided however, Seller shall not be responsible for the removal of any liens that were created by Buyer, at Buyer’s direction, or with Buyer’s consent.
6.1.8 Assignment of Trade Name. On or before the Close of Escrow, Seller shall assign to Buyer all of Seller’s rights to McDermont Field House pursuant to an assignment of trade name (“Assignment of Trade Name”) in form and substance satisfactory to Buyer. Such assignment shall also specifically include any necessary abandonment of the name McDermont Field House in favor of Buyer’s registration under the same name. Such assignment of rights shall not, however, include the use of Seller’s name, emblem, or logo.
6.1.9 Seller’s Obligations. The performance by Seller of every covenant, condition, agreement, and promise to be performed by Seller pursuant to this Agreement and the related documents executed or to be executed by Seller.
6.1.10 Seller’s Representations. The truth and accuracy of all Seller’s representations and warranties in this Agreement and the related documents executed or to be executed by Seller.
6.1.11 No action, suit, or proceeding before any court or any governmental body or authority that would in any way affect the Assets or the ability of the parties to consummate the transactions contemplated by this Agreement shall have been instituted or threatened on or before the Closing Date.
6.1.12 The Assets shall be in substantially the same condition on the Closing Date as on the Effective Date, and there shall be no loss or damage to the Property prior to the Closing that was specifically caused by Seller.6.1.13 Seller shall have obtained all necessary agreements and consents of any parties required to consummate the transactions contemplated by this Agreement including the Seller’s City Council.
6.1.14 Reserved.
6.1.15 Other conditions precedent set forth in the recitals above or other sections of this Agreement are incorporated into this Section 6.1.
6.2 Failure of Conditions Precedent. Subject to Buyer’s rights in Section 11 hereof, if any of the Conditions Precedent have not been fulfilled within the applicable time periods or if Buyer disapproves, pursuant to Section 6 hereof, matters for which Buyer’s approval is required, Buyer may:
(i) Waive and Close. Waive the condition or disapproval and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; December 13, 2022 Regular Meeting of the Lindsay City Council
(ii) Cure and Close: Cure the failure of condition or representation and reduce the Purchase Price by an amount equal to the cost of cure; or
(iii) Terminate. Unilaterally Terminate this Agreement by written notice to Seller and to Escrow Holder (“Buyer’s Termination Notice”); or
(iv) Extend. Buyer may unilaterally elect to extend the Closing Deadline to allow Seller more time to perform.
Section 7. Seller’s Representations and Warranties. Seller represents and warrants to Buyer that as of the date of this Agreement and as of the Close of Escrow:
(a) Disclosure. Seller has disclosed to Buyer all information concerning the Property to which Seller has access, and all information concerning the Property which Seller has provided to Buyer is complete and correct in all respects.
(b) Special Assessments or Condemnation. There are not presently pending (i) any special assessments, except those shown as Exceptions, or (ii) condemnation actions against the Property or any part. Moreover, Seller has not received notice of any special assessments or condemnation actions being contemplated. There are no existing, proposed, or contemplated eminent domain proceedings that would affect the Property. Moreover, Seller has not received any notice of existing, proposed, or contemplated eminent domain proceedings that would affect the Property.
(c) Title.
(i) Ownership. Seller is the legal and equitable owner of the Property, with full right to convey. Seller has not granted any options or rights of first refusal or rights of first offer to third parties to purchase or otherwise acquire an interest in the Property. (ii) Encumbrances. To the best of Seller’s actual knowledge, the Property is free and clear of all liens, encumbrances, claims, rights, demands, easements, leases, agreements, covenants, conditions, and restrictions of any kind, except for the Exceptions. (iii) Encroachments. To the best of Seller’s actual knowledge, there are no encroachments on the Property from adjoining property, and the Property does not encroach on adjoining property, easements, or streets.
(iv) Streets. There are no existing, proposed, or contemplated plans to widen, modify, or realign any street or highway which affects the contemplated size of, use of, or set-backs on the Property and the Improvements; provided however, such representation does not limit Seller’s right to engage in such activity in the future. (v) Legal Title. Legal title to the Property shall not transfer until the entire purchase price has been paid by Buyer to Seller.
December 13, 2022 Regular Meeting of the Lindsay City Council
(d) Compliance with Laws. To the best of Seller’s actual knowledge, all laws, ordinances, rules, and regulations of any government or agency, body, or subdivision thereof, bearing on the construction, operation, ownership, or use of the Property, have been complied with by Seller.
After close of escrow, Buyer does not need any additional discretionary approval to operate the Property as a recreational facility. However, Buyer may need additional ministerial or discretionary approval for new uses, improvements, or for special events held at the Property. (e) Utilities. To the best of Seller’s actual knowledge, all water, sewer, electric, telephone, and drainage facilities, and all other utilities required by law or for the normal operation of the Property are installed to the property lines of the Property, have been connected to the buildings upon the Property, are connected with valid permits, are in good working order, are adequate to service the Property.
(f) Permits. Seller makes no representations or warranties as to whether Seller has obtained all appropriate licenses, permits, easements, and rights of way, including proofs of dedication, which are required to use and operate the Property. Buyer does not currently need to obtain any additional conditional use permit or zoning approval to operate the Property as a recreational facility.
(g) State of Facts. To the best of Seller’s actual knowledge, Seller is not in default of Seller’s obligations or liabilities pertaining to the Property; nor are there facts, circumstances, conditions, or events which, after notice or lapse of time, would constitute default. Seller has not received notice or information that any party to any of the Property Documents considers a breach or default to have occurred; nor has Seller any reason to believe that there is likely to be a default under any of the documents.
(h) Consents and Releases. Seller has obtained all required consents, releases, and permissions to convey good and marketable title to Buyer. (i) Litigation. Seller is not involved in or aware of pending or threatened litigation which could affect the Property. Furthermore, there are no proceedings pending or threatened against Seller before any court or administrative agency relating to the Property which may adversely affect the Property now or in the future, or which may adversely affect Seller’s ability to fulfill all obligations under this Agreement and the related documents. (j) Authority. This Agreement and all other documents delivered prior to or at the Close of Escrow (i) have been duly authorized, executed, and delivered by Seller; (ii) are binding obligations of Seller; (iii) are collectively sufficient to transfer all of Seller’s rights to the Property; and (iv) do not violate the provisions of any agreement to which Seller is a party or which affects the Property; subject, however, to applicable bankruptcy, insolvency, and other similar laws affecting the enforcement of creditors’ rights generally, and to principles of equitable remedies. Seller further represents that it is a municipal corporation organized and existing under the laws of the State of California with its principal place of business in County Tulare, State of California. (k) Bankruptcy. No filing or petition under the United States Bankruptcy Law or any insolvency laws, or any laws for composition of indebtedness or for the reorganization of debtors has been December 13, 2022 Regular Meeting of the Lindsay City Council
filed with regard to Seller.
(l) Certificates of Occupancy. Seller makes no representations or warranties as to whether any Certificates of Occupancy have been obtained for the Improvements. Seller will work in good faith with Buyer to obtain all necessary certificates of occupancy. Seller understands that any improvements may take time to finance and complete and Seller will make reasonable accommodations for Buyer to make any necessary improvements and/or repairs. Buyer agrees that any items that involve the public’s safety will be given priority for any improvements. (m) Foreign Investment Real Property Tax Act. Seller is not a “foreign person” within the meaning of 26 U.S.C.A. § 1445(f)(3).
Section 8. Indemnification. Seller shall indemnify, defend, and hold Buyer harmless from all liability, loss, or claim for damages, including costs and attorney’s fees, arising from (a) breach of Seller’s covenants under this agreement and any other related documents or (b) Seller’s false representations in this Agreement or in any other related documents. Section 8 shall survive the Close of Escrow.
Section 9. Seller’s Covenants. Seller agrees as follows:
(a) Payment of All Obligations. Seller shall have discharged all mechanics’ and materialmen’s liens arising from labor and materials furnished prior to the Close of Escrow; provided however, such obligation will not apply to any liens that were created by Buyer, at Buyer’s direction, or with Buyer’s consent. Seller will discharge all of seller’s obligations and liabilities under the Property Documents arising prior to the Close of Escrow. (b) Brokers. Seller shall indemnify, defend, and hold Buyer harmless from loss, cost, or expense, including but not limited to attorney’s fees and court costs, resulting from any fee or commission claim by a broker or finder claiming through Seller. Each party shall be responsible for any fees or commission payable to the party’s broker or agent. (c) Tenant Leases. Seller shall not enter into any new lease concerning the Property between the Effective Date and the Close of Escrow.
(d) Litigation. Seller shall immediately notify Buyer of any lawsuits, condemnation proceedings, rezoning, or other governmental order or action, or any threat thereof, known to Seller which might affect the Property or any interest of Buyer.
Section 10. Buyer’s Representations, Warranties, and Covenants.
10.1 Buyer hereby makes the following covenants, representations, and warranties:
(a) Buyer has the authority to enter into this Agreement, purchase the Property, and to otherwise perform as set forth herein. The person executing this Agreement on behalf of Buyer December 13, 2022 Regular Meeting of the Lindsay City Council
has the full legal authority and is duly authorized to sign this Agreement on behalf of Buyer and to bind Buyer to all of the terms and conditions of this Agreement. (b) Buyer’s execution of this Agreement and performance of its obligations hereunder will not violate any agreement, option, covenant, condition, obligation or undertaking of Buyer. (c) There are no actions, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of Buyer’s actual knowledge, threatened against Buyer, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality seeking to challenge Buyer’s ability to purchase the Property.
(d) Future use of the Property shall remain subject to all applicable laws and regulations, including, without limitation, the City of Lindsay Municipal Code. Seller's sale of the Property to Buyer does not constitute Seller’s ministerial or discretionary approval that may be required with respect to the Property and Buyer’s use thereof.
10.2 Seller’s obligation to perform as set forth herein is hereby expressly conditioned on satisfaction of each and every of the following conditions precedent:
(a) Buyer shall have timely performed each of the acts to be performed by it hereunder.
(b) Each of Buyer’s representations and warranties set forth herein shall be true at Closing as if affirmatively made at that time.
(c) Buyer shall not have timely exercised any right set forth in this Agreement to cancel the Escrow or terminate this Agreement.
Section 11. Escrow
Upon execution of this Agreement, Seller and Buyer shall establish an escrow for the close of the sale of the Property (“Escrow”) at the office of Chicago Title or any other reputable Escrow Holder selected by Buyer located in Tulare, Fresno, or Kern County (“Escrow Holder”). The Grant Deed shall be recorded and the Property transferred from Seller to Buyer (“Close of Escrow”) after Buyer has either approved or waived each Condition Precedent, and then, on the earlier of (a) three (3) Days after the Lender delivers written notice to Buyer of Lender’s readiness to fund the Loan, or (b) one-hundred eighty days from the Opening of Escrow (“Closing Deadline”).
Unless the Close of Escrow is extended by written agreement of the parties, Escrow shall close no later than the Closing Deadline.
Section 12. Closing Deposits. On or before Close of Escrow, Seller and Buyer shall deposit with Escrow Holder the following documents and funds and shall close Escrow as follows:
(a) Seller’s Deposits.
Seller shall deposit with Escrow Holder the following:
December 13, 2022 Regular Meeting of the Lindsay City Council
(i) Deed. The original executed and acknowledged Grant Deed conveying the Property to Buyer (“Grant Deed”);
(ii) Assignment of Trade Name. The original Assignment of Trade Name executed by Seller, if required by Buyer;
(iii) Nonforeign Affidavit. The original Nonforeign Affidavit executed by Seller; (iv) Property Documents. The originals of all Property Documents in Seller’s possession, custody, or control;
(v) Plans. The original Plans in Seller’s possession, custody, or control, if Seller is able to obtain the consent of the professional who prepared the Plans; (vi) Assignment of Contracts. The original Assignment of Contracts for all contracts that Buyer elects to assume at the Close of Escrow;
(vii) Assignment of Leases. The original Assignment of Leases, if any; (viii) Warranty Bill of Sale. The original Warranty Bill of Sale for all items Buyer elects to purchase at the Close of Escrow;
(ix) Reserved.
(x) Certificates of Occupancy. The original certificates of occupancy, if any; (xi) Seller’s Certificate. A certificate (“Seller’s Certificate”), in the form agreeable to Buyer, executed by Seller providing that all conditions to the Close of Escrow that Buyer was to satisfy or perform have been satisfied and performed, and that Seller’s representations, covenants, and warranties made in or pursuant to this Agreement are, to the best of Seller’s actual knowledge, correct as of the Close of Escrow;
(xii) Intentionally Omitted;
(xiii) Escrow Instructions. The Escrow Instructions executed by Seller; (xiv) Assignment of Intangible Property. A duly executed assignment of intangible property (the “Assignment of Intangible Property”) in a form reasonably acceptable to Buyer, assigning all of Seller’s right, title, and interest in the Intangible Property to Buyer. (xv) Additional Documents. All other deeds, bills of sale, warranty deeds, assignments, endorsements, licenses, and other good and sufficient instruments and documents of conveyance and transfer as shall be necessary and effective to transfer, convey, and assign to Buyer at the Closing all of Seller’s right, title, and interest in and to the Assets, free and clear of any liens or encumbrances other than the Permitted Liens, as required by the terms of this December 13, 2022 Regular Meeting of the Lindsay City Council
Agreement.
(b) Buyer’s Deposits. On or before the Close of Escrow, Buyer shall deposit with Escrow Holder the following:
(i) Cash Payment. Cash in the amount of the Cash Payment; (ii) Closing Costs. Additional cash in the amount necessary to pay Buyer’s share of closing costs, as set forth in Section 13 hereof;
(iii) Reserved.
(iv) Escrow Instructions. The Escrow Instructions executed by Buyer; and (v) Additional Documents. Any other documents or funds required of Buyer to close Escrow in accordance with this Agreement.
Section 13. Closing Costs
(a) Seller’s Costs. Seller shall pay the title insurance premium for a California Land Title Association standard owner’s policy of title insurance; one-half (1/2) of Escrow Holder’s escrow fees; and any sales, use, and ad valorem taxes connected with the Close of Escrow. (b) Buyer’s Costs. Buyer shall pay one-half (1/2) of Escrow Holder’s Escrow fees; the title insurance premium for the Lender’s Policy, including any endorsements; the additional cost of the title insurance premium for an American Land Title Association extended owner’s policy of title insurance, and any endorsements; and the costs of recording the Grant Deed, including all of the real property transfer taxes and documentary transfer taxes payable upon recordation of the Deed.
(c) Loan Costs. Buyer shall pay all costs for obtaining any the loan commitment and any loan to purchase the Property, including without limitation, all fees, costs, and points.
Section 14. Prorations. The following are to be prorated on the Close of Escrow as follows:
Section 15. Investigations. Prior to the Close of Escrow, Buyer shall have the right to conduct any investigations of the Property as Buyer desires, including without limitation, soils conditions, engineering, and accessibility. Buyer shall indemnify, defend, and hold Seller harmless from all liabilities, costs, and expenses resulting directly from Buyer’s investigations of the Property. If Buyer alters the physical condition of the Property and Escrow does not close due to Buyer’s default, Buyer shall restore the Property to the condition existing prior to Buyer’s investigations.
Section 16. Further Assurances. Whenever requested by the other party, each party shall execute, acknowledge, and deliver any further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, December 13, 2022 Regular Meeting of the Lindsay City Council
consents, and any other instruments and documents as may be necessary, expedient, or proper, to complete any conveyance, transfer, sale, or assignment contemplated by this Agreement, and to do any other acts and to execute, acknowledge, and deliver any requested document to carry out the intent and purpose of this Agreement. This covenant of further assurances shall survive closing.
Section 17. Assignment
(a) Seller’s Right to Assign. Seller shall not have the right, power, or authority to assign or mortgage this Agreement or any portion of this Agreement, or to delegate any duties or obligations arising under this Agreement, voluntarily, involuntarily, or by operation of law, without Buyer’s prior written consent.
(b) Buyer may assign its rights hereunder to an Affiliate of Buyer as long as such successor-ininterest confirms in writing that it shall be bound by the terms of this Agreement. The term “Affiliate” means any person or entity directly or indirectly Controlling, Controlled by or under common Control with the person or entity to which such term applies. “Control,” as applied to any person or entity, means the possession, directly or indirectly, of the power to direct or cause the direction of the management, policies and decision-making of such person or entity, whether through the ownership of voting interests or by contract or otherwise, including, without limitation, the possession of direct or indirect equity or beneficial interests in at least ten percent (10%) of any entity, or voting control of any entity.
.
Section 18. Successors and Assigns. Without waiver of the provisions of Section 17 hereof, all of the rights, benefits, duties, liabilities, and obligations of the parties shall inure to the benefit of, and be binding upon, their respective successors and assigns.
Section 19. Notices. All notices to be given under this Agreement shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the address indicated below or at other places designated by Buyer or Seller in a written notice given to the other. Notices shall be deemed served four (4) days after the date of mailing or upon personal delivery.
Seller: City of Lindsay
251 E. Honolulu St.
Lindsay, CA 93247
Attn: Joseph Tanner, City Manager
Email: [email protected]
With copy to: Griswold, LaSalle, Cobb, Dowd & Gin LLP
111 E 7th St
Hanford, CA 93230
Attn: Megan Dodd
Email: [email protected]
December 13, 2022 Regular Meeting of the Lindsay City Council
Buyer: McDermont Venture, LLC
365 N Sweetbriar Avenure
Lindsay, CA 93247
Attn: Clint Ashcraft
Email: [email protected]
With copy to: Krase, Bailey, Reed-Krase, LLP
132 E Morton Ave
Porterville, CA 93257
Attn: Allan Bailey
Email: [email protected]
Escrow Holder: Chicago Title Company
7730 N Palm Ave, Ste 101
Fresno, CA 93711
Attention: Sue Meyer
Telephone: (559) 451-3736
Email: [email protected]
Section 20. Possession. Subject to Buyer’s rights as the current occupant of the Property, right to possession of the Property shall transfer to Buyer at the Close of Escrow, subject to Buyer’s rights of early entry and investigation, and the rights of tenants-in- possession, if any.
Section 21. Attorney’s Fees; Litigation Costs. If any legal action or other proceeding, including arbitration or an action for declaratory relief, is brought to enforce this Agreement or because of a dispute, breach, default, or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs, in addition to any other proper relief. “Prevailing party” includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law.
Section 22. Time of the Essence. Time is of the essence in this Agreement and every provision contained in this Agreement.
Section 23. Construction. The title and headings of the Sections in this Agreement are intended solely for reference and do not modify, explain, or construe any provision of this Agreement. All references to sections, recitals, and the preamble shall, unless otherwise stated, refer to the Sections, Recitals, and Preamble of this Agreement. In construing this Agreement, the singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared the agreement.
Section 24. Integration. This Agreement, all attached exhibits, and all related documents referred to in this Agreement, constitute the entire agreement between the parties. There are no oral or parol agreements which are not expressly set forth in this Agreement and the related documents being executed in connection with this Agreement. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by the party to be December 13, 2022 Regular Meeting of the Lindsay City Council
charged.
Section 25. Third-Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties and their respective successors and assigns, any rights or remedies.
Section 26. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected.
Section 27. Waivers. No waiver or breach of any provision shall be deemed a waiver of any other provision, and no waiver shall be valid unless it is in writing and executed by the waiving party. No extension of time for performance of any obligation or act shall be deemed an extension of time for any other obligation or act.
Section 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. The execution of this Agreement shall be deemed to have occurred, and this Agreement shall be enforceable and effective, only upon the complete execution of this Agreement by Seller and Buyer.
Section 29. Survival. Seller’s representations and warranties in Section 7 hereof, Seller’s indemnity in Section 8 hereof, and Buyer’s representations, warranties, and covenants in Section, 6.1, 10, and 34 hereof, shall survive the close of Escrow and the delivery and recordation of the Deed.
Section 30. Incorporation of Schedules and Exhibits. All attached schedules and exhibits are incorporated in this Agreement by reference.
Section 31. Offer and Acceptance. In entering the Lease Seller has offered to sell the Property to Buyer or its assignee on the terms set forth herein. This offer may only be revoked upon the expiration of Buyer’s option under the Lease. Buyer need only deliver a copy of this agreement signed by Buyer or its assignee to be deemed an acceptance of Seller’s offer.
Section 32. Authority of Parties. All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party. Seller specifically covenants that it has obtained the requisite authority from the City Council of Seller.
Section 33. Timely Delivery of Documents. Seller agrees to deliver to Buyer each document, record, instrument, or material of any kind required to be delivered by Seller to Buyer pursuant to Section 6(a) hereof in a timely manner and in accordance with the time limitations in Section 6(a) hereof.
Section 34. [RESERVED]
Section 35. Governing Law. This Agreement shall be governed by and construed in accordance with California law.
Section 36. Compliance with Bulk Sales Law. Buyer shall give notice, in compliance with December 13, 2022 Regular Meeting of the Lindsay City Council
Division 6 of the California Uniform Commercial Code, of the bulk sale contemplated by this Agreement. Seller shall furnish Buyer with all information necessary for Buyer to prepare the notice, including all names and business addresses used by Seller within the past 3 years and the location of all the assets to be transferred to Buyer under this Agreement.
Section 37. Continuation of Occupancy of Property. After the Close of Escrow, the Lease will become null and void. However, pending the Close of Escrow, McDermont Venture, LLC and McDermont Venture, Inc. shall be entitled to the continued occupancy of the Property for the purpose of operation of the recreational center as it has since 2018. Should escrow be terminated by the Buyer, Buyer will entitled to the property under the current terms of Lease Agreement and pay an additional five thousand ($5,000) per month beginning on March 1st, 2023 until a new lease or purchase agreement is approved by both parties. That amount shall be credited towards the Purchase Price, should Buyer and Seller negotiate another purchase and sale agreement within one (1) year from the date escrow is terminated. Should the Seller terminate escrow McDermont, LLC and McDermont Venture, Inc. shall be entitled to the continued occupancy under the current terms of the lease. Additionally, Buyer and Seller shall work in good faith to negotiate a new Lease, subject to approval of the Lindsay City Council.
Section 38. No Supplanting of Current Occupancy Agreement Unless Closing. This Agreement shall replace the Lease only upon the Close of Escrow. If this Agreement shall be canceled prior to the Close of Escrow, then the Lease shall remain without any merger and this Agreement shall not serve as any novation, accord and satisfaction, waiver of the rights of the parties thereto.
Section 39. Incorporation of Recitals. The recitals above are agreed to by the parties hereto as factually true and incorporated into this Agreement by reference.
Section 40. Affordability Covenant. Only if the Close of Escrow occurs after December 31, 2022 shall this section 40 apply. In accordance with Government Code Section 54233, a Covenant will be recorded against the Real Property at Closing stating that, if ten (10) or more residential units are developed on the Real Property, not less than fifteen percent (15%) of the total number of residential units developed shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code and that Rental units shall remain affordable to, and occupied by, lower income households for a period of at least fifty-five (55) years for rental housing and forty-five (45) years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Government Code Section 65915.
December 13, 2022 Regular Meeting of the Lindsay City Council
IN WITNESS WHEREOF, Buyer and Seller have executed this Purchase and Sale Agreement as of the day and year set forth by their respective signatures. “SELLER”
CITY OF LINDSAY
Dated:
By: Joseph Tanner
Its: City Manager
“BUYER”
McDermont Venture, LLC
Dated:
By: Deici Avila
Its: Manager
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT A
EXHIBIT A
Legal Description of the Land
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LINDSAY, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN 205-293-015-000
BEGINNING AT THE SOUTHWESTERLY CORNER OF BLOCK 28 OF THE TOWN OF LINDSAY PER MAP RECORDED IN VOLUME 2, PAGE 91 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF TULARE, STATE OF CALIFORNIA:
THENCE, SOUTH 67°41'39" WEST, 25.00 FEET ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID BLOCK 28 TO A POINT BEING 25.00
FEET, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF THE UNION PACIFIC RAILROAD MAIN TRACK;
THENCE, NORTH 22°19'20" WEST, 880.09 FEET PARALLEL WITH THE CENTERLINE OF
SAID MAIN TRACK TO A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE NORTH LINE OF BLOCK 29 OF SAID TOWN OF LINDSAY:
THENCE, NORTH 67°40'03" EAST, 25.00 FEET TO THE NORTHWESTERLY CORNER OF SAID BLOCK 29;
THENCE, SOUTH 22°19'20" EAST, 160.13 FEET TO THE NORTHWESTERLY CORNER OF THE SOUTH 240.00 FEET OF SAID BLOCK 29;
THENCE, NORTH 67°42'48" EAST, 99.94 FEET TO THE NORTHEASTERLY CORNER OF THE SOUTH 240 FEET OF SAID BLOCK 29;
THENCE SOUTH 22°19'26" EAST, 719.94 FEET ALONG THE EAST LINE OF SAID BLOCK 29, THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID BLOCK 29 AND THE EAST LINE OF SAID BLOCK 28 TO THE SOUTHEASTERLY CORNER OF SAID BLOCK 28; THENCE, SOUTH 67°41'39" WEST, 99.96 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL MINERALS AND ALL MINERAL RIGHTS OF EVERY KIND
AND CHARACTER NOW KNOWN TO EXIT 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/OR 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
GRANTEE, ITS SUCCESSORS AND/OR ASSIGNS, AS RESERVED IN THE DEED RECORDED SEPTEMBER 27, 2006, AS FILE NO. 2006-0099744 OF OFFICIAL RECORDS.
PARCEL 2: APN 205-293-011-000
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT A
BLOCK 29 OF THE CITY OF LINDSAY, IN THE CITY OF LINDSAY, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 57 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTH 240 FEET.
PARCEL 3: APN 205-293-011-000
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 29 OF THE CITY OF LINDSAY, IN
THE CITY OF LINDSAY, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17 PAGE 57 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 29, EXTENDED FROM THE WEST, A DISTANCE OF 12.15 FEET TO A POINT IN THE WESTERN LINE OF SWEET BRIER AVENUE, EXTENDED FROM THE NORTH; THENCE SOUTHWESTERLY ALONG SAID EXTENSION OF SWEET BRIAR, A DISTANCE OF 31.75 FEET TO A POINT IN THE EASTERLY LINE OF BLOCK 29, A DISTANCE OF 29.33 FEET FROM THE NORTHEAST CORNER OF SAID BLOCK 29; THENCE NORTH ALONG THE EAST LINE OF BLOCK 29, A DISTANCE OF 29.33 FEET TO THE POINT OF BEGINNING.
APN: 205-293-011-000 and 205-293-015-000
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT B
EXHIBIT B
Deed of Trust
December 13, 2022 Regular Meeting of the Lindsay City Council
RECORDING REQUESTED BY & )
WHEN RECORDED RETURN TO: )
)
)
MEGAN N. Dodd )
Griswold, LaSalle, Cobb, )
Dowd & Gin LLP )
111 E. Seventh Street )
Hanford, CA 93230 )
)
)
)
)
DEED OF TRUST
A.P.N. 205-293-011, and 205-293-015
THIS DEED OF TRUST, made this ____ day of ________________, 202__ between MCDERMONT VENTURE, LLC, a California limited liability company herein called TRUSTOR, whose address is 365 N Sweetbriar Avenue, Lindsay, California 93247 and CITY OF LINDSAY, herein called TRUSTEE and BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the City of Lindsay, Tulare County, California, described as:
PARCEL 1: APN 205-293-015-000
BEGINNING AT THE SOUTHWESTERLY CORNER OF BLOCK 28
OF THE TOWN OF LINDSAY PER MAP RECORDED IN VOLUME 2,
PAGE 91 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF TULARE, STATE OF CALIFORNIA:
THENCE, SOUTH 67°41'39" WEST, 25.00 FEET ALONG THE
SOUTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE
OF SAID BLOCK 28 TO A POINT BEING 25.00 FEET, MEASURED
AT RIGHT ANGLES, OF THE CENTERLINE OF THE UNION
PACIFIC RAILROAD MAIN TRACK;
THENCE, NORTH 22°19'20" WEST, 880.09 FEET PARALLEL WITH
THE CENTERLINE OF SAID MAIN TRACK TO A POINT IN THE
SOUTHWESTERLY PROLONGATION OF THE NORTH LINE OF
BLOCK 29 OF SAID TOWN OF LINDSAY:
THENCE, NORTH 67°40'03" EAST, 25.00 FEET TO THE
NORTHWESTERLY CORNER OF SAID BLOCK 29;
THENCE, SOUTH 22°19'20" EAST, 160.13 FEET TO THE
December 13, 2022 Regular Meeting of the Lindsay City Council
NORTHWESTERLY CORNER OF THE SOUTH 240.00 FEET OF SAID
BLOCK 29;
THENCE, NORTH 67°42'48" EAST, 99.94 FEET TO THE
NORTHEASTERLY CORNER OF THE SOUTH 240 FEET OF SAID
BLOCK 29;
THENCE SOUTH 22°19'26" EAST, 719.94 FEET ALONG THE EAST LINE OF SAID BLOCK 29, THE SOUTHERLY PROLONGATION OF
THE EAST LINE OF SAID BLOCK 29 AND THE EAST LINE OF SAID BLOCK 28 TO THE SOUTHEASTERLY CORNER OF SAID BLOCK
28;
THENCE, SOUTH 67°41'39" WEST, 99.96 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL MINERALS AND ALL MINERAL
RIGHTS OF EVERY KIND AND CHARACTER NOW KNOWN TO
EXIT 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/OR 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
GRANTEE, ITS SUCCESSORS AND/OR ASSIGNS, AS RESERVED
IN THE DEED RECORDED SEPTEMBER 27, 2006, AS FILE NO. 2006- 0099744 OF OFFICIAL RECORDS.
PARCEL 2: APN 205-293-011-000
BLOCK 29 OF THE CITY OF LINDSAY, IN THE CITY OF LINDSAY,
COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 17, PAGE 57 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTH 240 FEET.
PARCEL 3: APN 205-293-011-000
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 29 OF THE
CITY OF LINDSAY, IN THE CITY OF LINDSAY, COUNTY OF
TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 17 PAGE 57 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG THE
NORTH LINE OF BLOCK 29, EXTENDED FROM THE WEST, A
DISTANCE OF 12.15 FEET TO A POINT IN THE WESTERN LINE OF SWEET BRIER AVENUE, EXTENDED FROM THE NORTH;
THENCE SOUTHWESTERLY ALONG SAID EXTENSION OF
SWEET BRIAR, A DISTANCE OF 31.75 FEET TO A POINT IN THE December 13, 2022 Regular Meeting of the Lindsay City Council
EASTERLY LINE OF BLOCK 29, A DISTANCE OF 29.33 FEET FROM THE NORTHEAST CORNER OF SAID BLOCK 29; THENCE NORTH
ALONG THE EAST LINE OF BLOCK 29, A DISTANCE OF 29.33
FEET TO THE POINT OF BEGINNING.
APN: 205-293-011-000 and 205-293-015-000
For the Purpose of Securing:
1. Performance of each agreement of Trustor incorporated by reference or contained herein.
2. Trustor’s performance of that certain Covenant Agreement of even date herewith by and between Trustor and the City of Lindsay.
2. Payment of liquidated damages that may attach because of Trustor’s non-performance of the Covenant Agreement in the amount of $1,100,000.00.
3. Payment of such further sums as the then record owner of said property may owe to Beneficiary, when evidenced by a note (or notes) or other documents reciting it is so secured.
To Protect the Security of This Deed of Trust, Trustor Agrees:
By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county recorder where said property is located, noted below opposite the name of such county, viz:
County Book Page County Book Page
County Book Page
Alameda 435 684
Alpine 1 250
Amador 104 348
Butte 1145 1
Calaveras 145 152
Colusa 296 617
Contra Costa 3978 47
Del Norte 78 414
El Dorado 568 456
Fresno 4626 572
Glenn 422 184
Humboldt 657 527
Imperial 1091 501
Inyo 147 598
Kern 3427 60
Kings 792 833
Lake 362 39
Lassen 171 471
Los Angeles T2055 899
Madera 810 170
Marin 1508 339
Mariposa 77 292
Mendocino 579 530
Merced 1547 538
Modoc 184 851
Mono 52 429
Monterey 2194 538
Napa 639 86
Nevada 305 320
Orange 5889 611
Placer 895 301
Plumas 151 5
Riverside 3005 523
Sacramento 4331 62
San Benito 271 383
San Bernardino 5567 61
San Francisco A332 905
San Joaquin 2470 311
San Luis Obispo 1151 12
San Mateo 4078 420
Santa Barbara 1878 860
Santa Cruz 1431 494
Shasta 684 528
San Diego Series 2 Book 1961, Page 183887
Santa Clara 5336 341
Sierra 29 335
Siskiyou468 181
Solano 1105 182
Sonoma 1851 689
Stanislaus 1715 456
Sutter 572 297
Tehama 401 289
Trinity 93 366
Tulare 2294 275
Tuolumne 135 47
Ventura 2062 386
Yolo 653 245
Yuba 334 486
which provisions, identical in all counties, (printed on the attached unrecorded pages) are hereby are adopted and incorporated herein and made a part hereof as though fully set forth herein at length; that Trustor will observe and perform said provisions; and that the references to property, obligations and parties in said provisions shall be construed to refer to the property, obligations and parties set forth in this Deed of Trust.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to it at its address hereinbefore set forth.
December 13, 2022 Regular Meeting of the Lindsay City Council
Dated: ___________________________, 202__
McDermont Venture, LLC
By:___________________________________________________
Deici Avila
Manager
December 13, 2022 Regular Meeting of the Lindsay City Council
A Notary Public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
)ss
COUNTY OF TULARE )
On ________________________, 202___, before me,
_______________________________________, a notary public, personally appeared ____________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
____________________________________
Notary Public
December 13, 2022 Regular Meeting of the Lindsay City Council
DO NOT RECORD
The following is a copy of Subdivision A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
A. To protect the security of Deed of Trust, Trustor agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay, at least ten days before delinquency all taxes and assessments, affecting said property, including assessments on appurtenant water stock; when due, all incumbrances, charges and liens, with interest on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee but without obligation so to do and without notice to or demand upon Trust and without releasing Trustor from any obligation hereof, may; make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the same rate set forth in the Note secured by this Deed of Trust, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded.
B. it is mutually agreed:
(1) That any award of damages in connection with an condemnation for public use or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to December 13, 2022 Regular Meeting of the Lindsay City Council
pay.
(3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may; reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto".
(5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record, Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law. Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and December 13, 2022 Regular Meeting of the Lindsay City Council
Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee.
(8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein,. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
(9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.
REQUEST FOR FULL RECONVEYANCE
___________________________________ TRUSTEE:
The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same.
DATED: ________________
____________________________________
__________________________________________
Please mail Deed of Trust, Note and Reconveyance to:
____________________________________________________________________________________ ____________
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made.
December 13, 2022 Regular Meeting of the Lindsay City Council
A Notary Public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
)ss
COUNTY OF )
On _____________________, before me, _______________________________________, a notary public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
____________________________________
Notary Public
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT C
EXHIBIT C
Covenant Agreement
December 13, 2022 Regular Meeting of the Lindsay City Council
Recording requested and when recorded )
return to: )
)
)
Joseph Tanner )
CITY OF LINDSAY )
251 E. Honolulu )
Lindsay, CA 93247 )
)
)
COVENANT AGREEMENT
December 13, 2022 Regular Meeting of the Lindsay City Council
COVENANT AGREEMENT
This Covenant Agreement (“Agreement”) is made by and between MCDERMONT VENTURE, LLC (“Promisor”) and the CITY OF LINDSAY, a municipal corporation (“Promisee”), effective the ____ day of ______________, 202___ (“Effective Date”).
Recitals
WHEREAS, Promisor and Promisee are parties to that Service Agreement to Operate McDermont Field House (“Service Agreement”) dated December 30, 2017; and WHEREAS, Promisor was granted an option to purchase the property (“Property”) described in the attached Exhibit “1,” which is incorporated herein by reference; and WHEREAS, Promisor exercised its option rights and acquired the Property from Promisee under that Agreement of Purchase and Sale of Real Property and Business Assets (“Purchase Agreement”), the terms of which are incorporated herein by reference; and WHEREAS, Promisee’s sale of the Property to Promisor is induced by: (i) Promisor’s covenant to continued operation at the Property as a regional recreational facility that is open to the public (“Facility”) through January 1, 2028; and (ii) Promisor’s covenant to continued ownership of the Property through January 1, 2028.
NOW, THEREFORE, Promisor and Promisee agree as follows:
1. Promisor shall, through January 1, 2028, cause the continued operation of the Property as a regional recreational facility in the manner that the Facility has been operated under the Service Agreement since 2018 (“Operating Covenant”).
Promisor shall be deemed to have violated the Operating Covenant if: (i) the Facility is closed to the public for 14 consecutive calendar days; or (ii) the Facility is closed to the public for a total of 21 calendar days during any thirty (30) calendar day period. The Facility shall be deemed closed to the public on any day during which the Facility is not open to the public for at least eight (8) hours.
2. Promisor shall not sell, transfer, convey, or encumber the Property before January 1, 2028 (“Ownership Covenant”).
3. Promisor shall be deemed to be in breach of this Agreement if any of following occurs:
(i) Promisor becomes insolvent or offers settlement to any creditor; (ii) Promisor files a petition in bankruptcy, voluntarily or involuntarily; Promisor institutes any proceeding under any bankruptcy or insolvency laws relating to relief of debtors;
December 13, 2022 Regular Meeting of the Lindsay City Council
4. LIQUIDATED DAMAGES UPON BUYER’S DEFAULT. IF PROMISOR
BREACHES THE TERMS OF THIS AGREEMENT, PROMISOR SHALL
PAY ONE MILLION, ONE HUNDRED THOUSAND DOLLARS
($1,100,000.00) TO PROMISEE AS LIQUIDATED DAMAGES. PAYMENT
OF SUCH FUNDS BY SELLER AS LIQUIDATED DAMAGES IS NOT
INTENDED AS A PENALTY WITHIN THE MEANING OF CALIFORNIA
CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO PROMISEE. BECAUSE OF
THE SPECIAL NATURE OF THE NEGOTIATIONS BETWEEN
PROMISOR AND PROMISEE REGARDING THE PURCHASE
AGREEMENT, THE PARTIES ACKNOWLEDGE THAT THE ACTUAL
DAMAGE THAT WOULD RESULT TO PROMISEE AS A RESULT OF
PROMISOR’S FAILURE TO FULFILL THE TERMS DESCRIBED
HEREIN WOULD BE EXTREMELY DIFFICULT TO ESTABLISH. IN
ADDITION, PROMISOR DESIRES TO LIMIT ITS POTENTIAL
LIABILITY TO PROMISEE IN THE EVENT THAT PROMISOR FAILS
TO PERFORM. BY SEPARATELY INITIALING BELOW, THE PARTIES
HEREBY ACKNOWLEDGE THEIR AGREEMENT CONCERNING
LIQUIDATED DAMAGES:
____________ ____________
Promisor Initials Promisee Initials
5. This Agreement is executed pursuant to Purchase Agreement and Promisor’s payment of liquidated damages hereunder is secured by that Deed of Trust (“Deed of Trust”) of even date herewith.
6. Notwithstanding the Operating Covenant, such covenant shall be abated in the instances, circumstances, or conditions beyond the reasonable control of Promisor, including strikes, labor disputes, acts of God, the elements, governmental restrictions, regulations or controls, pandemic, enemy action, civil commotion, fire, casualty, accidents, mechanical breakdowns or shortages of, or inability to obtain, labor, utilities or materials, or which causes delay (“Force Majeure”); provided, however, that (a) neither any lack of funds nor any illiquidity or disruption affecting capital markets or other general economic conditions, shall be deemed to be a condition beyond the control of Promisor, (b) Promisor notifies Promisee of the existence of such event, circumstance or condition within five (5) Business Days from the date that Promisor becomes aware that such event, circumstance or condition could result in Force Majeure, and (c) the delay that could result from such Force Majeure shall not cause or result in a default or violation by Promisor under any material contracts or licenses and permits affecting the Property.
7. Insurance.
a. Promisor will, during the term of this Agreement, maintain insurance December 13, 2022 Regular Meeting of the Lindsay City Council
coverage which shall be at least as broad as:
(1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001 1207 covering CGL on an " occurrence" basis, including products-completed operations, personal and advertising injury, with limits no less than TWO MILLION AND NO/100 DOLLARS
($2,000,000) per occurrence and FOUR MILLION ($4,000,000) aggregate.
(2) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer ' s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease.
(3) Fire and extended coverage insurance, with vandalism and malicious mischief endorsements, on all improvements located Property for their full replacement value.
(4) Property insurance on Promisor’s personal property located at the Property for the full replacement value of such property.
If Promisor maintains higher limits than the minimums shown above, Promisee requires and shall be entitled to coverage for the higher limits maintained by Promisor.
b. Promisor’s deductible amounts must be approved by Promisee. c. Promisor’s insurance policies are to contain, or be endorsed to contain, the following provisions:
(1) Promisee and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy. General liability coverage can be provided in the form of an endorsement to Promisor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to Promisee and its officers, officials, employees or volunteers.
(2) For any claims related to this Agreement, Promisor’s insurance coverage shall be the primary insurance as to Promisee and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Promisee and/or its officers, officials, employees, or volunteers shall be in excess of Promisor’s insurance and shall be non-contributory.
December 13, 2022 Regular Meeting of the Lindsay City Council
(3) Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to Promisee.
(4) Promisee shall be named as loss payee on Promisor’s fire and extended coverage for the Property.
d. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII.
e. Promisor shall, upon its execution of this Agreement at renewal of each policy, furnish Promisee with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required herein.
Promisee reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time during the term of this Agreement.
f. Promisor hereby grants to Promisee and its officers, officials, employees, and volunteers a waiver of any right to subrogation, which any insurer of Promisor may acquire against Promisee and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Promisor shall obtain endorsements necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Promisee has received a waiver of subrogation endorsement from the insurer.
8. During the term of this Agreement, Promisor shall maintain, repair, and improve the Property so the Property remains in good order and repair. Such duty shall include, without limitation, Promisor’s payment of any repair, restoration, and improvement costs not covered by Promisor’s insurance policies. Should the Property be damaged, repairs shall be completed within thirty (30) calendar days of the date on which such damage is identified; provided however, if it is infeasible to complete the required repairs during such period, Promisor shall commence the necessary efforts during the thirty (30) calendar day period and will cause the work to be diligently pursued through completion.
9. If Promisor performs the covenants of this Agreement and is not in breach as of January 1, 2028, this Agreement shall terminate, and Promisee will quitclaim its rights hereunder to Promisor and will cause the reconveyance of the Deed of Trust on or before January 31, 2028.
10. In the event of a default of any provision of this Agreement, the Purchase Agreement, or the Deed of Trust, Promisor agrees to pay Promisee’s costs of enforcement and collection, including without limitation, reasonable attorneys’ fees and costs incurred, whether or not litigation is commenced as part of the collection process.
11. No renewal or extension of this Agreement, delay in enforcing any right of Promisee under this Agreement, the Purchase Agreement, or the Deed of Trust, or assignment of this Agreement by Promisee shall affect the liability of Promisor. All rights and December 13, 2022 Regular Meeting of the Lindsay City Council
remedies of the Promisee under this Covenant Agreement are cumulative and may be exercised concurrently or consecutively at Promisee’s option.
12. The provisions of this Agreement shall run with the land, and this Agreement shall be recorded by Promisee against the Property.
13. If one (1) or more of the provisions of this Covenant Agreement are determined by a court to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operational and enforceable.
14. If one (1) or more of the provisions of this Covenant Agreement are determined by a court to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operational and enforceable.
15. Modification of this Agreement shall be effective only if in writing executed by Promisor and Promisee.
16. If one (1) or more of the provisions of this Agreement are determined by a court to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operational and enforceable.
PROMISOR
MCDERMONT VENTURE, LLC
____________________________
Deici Avila
Manager
PROMISEE
CITY OF LINDSAY
By: ______________________________
Joseph Tanner
City Manager
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT “A”
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LINDSAY,
IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN 205-293-015-000
BEGINNING AT THE SOUTHWESTERLY CORNER OF BLOCK 28 OF THE TOWN OF LINDSAY PER MAP RECORDED IN VOLUME 2, PAGE 91 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF TULARE, STATE OF CALIFORNIA:
THENCE, SOUTH 67°41'39" WEST, 25.00 FEET ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID BLOCK 28 TO A POINT BEING
25.00 FEET, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF THE UNION PACIFIC RAILROAD MAIN TRACK;
THENCE, NORTH 22°19'20" WEST, 880.09 FEET PARALLEL WITH THE CENTERLINE
OF SAID MAIN TRACK TO A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE NORTH LINE OF BLOCK 29 OF SAID TOWN OF LINDSAY:
THENCE, NORTH 67°40'03" EAST, 25.00 FEET TO THE NORTHWESTERLY CORNER OF SAID BLOCK 29;
THENCE, SOUTH 22°19'20" EAST, 160.13 FEET TO THE NORTHWESTERLY CORNER OF THE SOUTH 240.00 FEET OF SAID BLOCK 29;
THENCE, NORTH 67°42'48" EAST, 99.94 FEET TO THE NORTHEASTERLY CORNER OF THE SOUTH 240 FEET OF SAID BLOCK 29;
THENCE SOUTH 22°19'26" EAST, 719.94 FEET ALONG THE EAST LINE OF SAID BLOCK 29, THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID BLOCK 29 AND THE EAST LINE OF SAID BLOCK 28 TO THE SOUTHEASTERLY CORNER OF SAID BLOCK 28;
THENCE, SOUTH 67°41'39" WEST, 99.96 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL MINERALS AND ALL MINERAL RIGHTS OF EVERY
KIND AND CHARACTER NOW KNOWN TO EXIT 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/OR 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 GRANTEE, ITS SUCCESSORS AND/OR ASSIGNS, AS RESERVED IN December 13, 2022 Regular Meeting of the Lindsay City Council
THE DEED RECORDED SEPTEMBER 27, 2006, AS FILE NO. 2006-0099744 OF OFFICIAL RECORDS.
PARCEL 2: APN 205-293-011-000
BLOCK 29 OF THE CITY OF LINDSAY, IN THE CITY OF LINDSAY, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 57 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTH 240 FEET.
PARCEL 3: APN 205-293-011-000
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 29 OF THE CITY OF
LINDSAY, IN THE CITY OF LINDSAY, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17 PAGE 57 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 29, EXTENDED FROM THE WEST, A DISTANCE OF 12.15 FEET TO
A POINT IN THE WESTERN LINE OF SWEET BRIER AVENUE, EXTENDED FROM THE NORTH; THENCE SOUTHWESTERLY ALONG SAID EXTENSION OF SWEET BRIAR, A DISTANCE OF 31.75 FEET TO A POINT IN THE EASTERLY LINE OF BLOCK 29, A DISTANCE OF 29.33 FEET FROM THE NORTHEAST CORNER OF SAID BLOCK 29; THENCE NORTH ALONG THE EAST LINE OF BLOCK 29, A DISTANCE OF 29.33 FEET TO THE POINT OF BEGINNING.
APN: 205-293-011-000 and 205-293-015-000
December 13, 2022 Regular Meeting of the Lindsay City Council
A Notary Public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
)ss
COUNTY OF TULARE )
On ________________________, 202___, before me,
_______________________________________, a notary public, personally appeared ____________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
____________________________________
Notary Public
December 13, 2022 Regular Meeting of the Lindsay City Council
A Notary Public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
)ss
COUNTY OF TULARE )
On ________________________, 202___, before me,
_______________________________________, a notary public, personally appeared ____________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
____________________________________
Notary Public
December 13, 2022 Regular Meeting of the Lindsay City Council
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
June 30, 2022
Joseph Tanner, City Manager
City of Lindsay
251 E. Honolulu St.
P.O. Box 369
Lindsay, CA 93247
Dear Joseph Tanner:
RE: HCD’s Review of the Lease Between the City of Lindsay and McDermont Ventures, Inc. for the McDermont Field House Sports Complex.
Thank you for contacting the California Department of Housing and Community Development (HCD) regarding the City of Lindsay’s (City) McDermont Field House Sports Complex (Property). You asked that HCD provide guidance on whether the disposition of the Property is subject to the Surplus Land Act or not.
HCD reviewed the service agreement (Lease) between the City and McDermont Ventures, Inc. (Operator) for the operation of the Property. As explained below, HCD finds that the Property is subject to the Surplus Land Act (SLA) as it existed on December 31, 2019, because the Property qualifies for the “grandfathering exemption” under Government Code section 54234, subdivision (a)(1).
According to Government Code section 54234, subdivision (a)(1), the disposition of real property by a local agency is subject to the SLA as it existed on December 31, 2019, provided the disposition of the surplus land meets the following requirements:
(i). The local agency entered into an exclusive negotiating agreement (ENA) or legally binding agreement to dispose of the Property prior to September 30, 2019.
(ii). The disposition of the Property to the party that had entered into the ENA or legally binding agreement (or its successors or assigns) is completed by December 31, 2022.
Based on the documentation provided, HCD finds that the City and Operator entered into the Lease on December 30, 2017. The Lease has an “Option to Purchase” clause, which allows the Operator to purchase the Property, if the Operator meets certain conditions specified in Section 4 of the Lease.
December 13, 2022 Regular Meeting of the Lindsay City Council
Joseph Tanner, City Manager
After reviewing the documentation provided, HCD concludes that, because the City and Operator entered into a legally binding agreement prior to September 30, 2019, and the agreement provides the Operator an option to purchase the Property, the Property qualifies for the “grandfathering exemption” under Government Code section 54234, subdivision (a)(1). Therefore, the disposition of the Property is subject to the SLA as it existed on December 31, 2019, provided the disposition of the property to the Operator is completed by December 31, 2022. After the City has completed the disposition of the Property, it must provide HCD documentation demonstrating that the disposition was completed by December 31, 2022, for HCD’s records.
If you have any questions or need additional technical assistance, please contact Public Lands at [email protected].
Sincerely,
Jillian Burgos
Public Lands Manager
Housing Policy Development
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-67
NUMBER 22-67
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY ,
COUNTY OF TULARE, STATE OF CALIFORNIA, AUTHORIZING THE
PURCHASE AND SALE AGREEMENT, DEED OF TRUST, AND
COVENANT AGREEMENT FOR THE PROPERTY LOCATED AT 365
SWEETBRIAR AVENUE, LINDSAY, CA 93247 (APN’s 205-293-011 AND 205-293-015) COMMONLY REFERRED TO AS MCDERMONT
FIELD HOUSE, FINDING THAT THE ACQUISITION IS EXEMPT FROM
REVIE UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTION 15312 OF THE CEQA GUIDELINES,
AND AUTHORIZING CITY MANAGER TO EXECUTE ANY
DOCUMENTS THERETO
At a regularly scheduled meeting of the City of Lindsay City Council held on December 13, 2022 at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay owns land at 365 Sweetbriar Avenue, Lindsay, CA 93247 (APN’s 205-293-011 and 205-293-015) (the “Property”); and WHEREAS, McDermont Ventures, LLC wishes to purchase the Property pursuant to the Purchase and Sale Agreement, Deed of Trust, and Covenant Agreement attached to this Resolution and the terms of which are incorporated herein by reference; and WHEREAS, the sale of the Property is exempt from the California Surplus Land Act, based on the existing Lease Agreement between the City and the current operators of McDermont Field House.
WHEREAS, the sale of the Property is exempt from CEQA pursuant to section 15312 of the CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Lindsay agrees to sale the Property to McDermont Ventures, LLC for the terms incorporated herein by reference in the Purchase and Sale Agreement, Deed of Trust, and Covenant Agreement.
SECTION 2. The sale of the Property has been determined to be exempt from the Surplus Land Act based upon an existing legally binding agreement between the City of Lindsay and the current operators of McDermont Field House December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-67
SECTION 3.
SECTION 4.
The sale of the Property is exempt from CEQA based upon section 15312 of the CEQA Guidelines. The Clerk of the City of Lindsay is hereby directed to file said exemption.
The City Manager is hereby directed to execute all documents associated with the sale of the Property.
SECTION 5. This Resolution shall become immediately effective upon adoption and shall remain in effect until specifically repealed.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE December 13, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
FRANCESCA QUINTANA
CITY CLERK MAYOR
December 13, 2022 Regular Meeting of the Lindsay City Council