Agenda packet — Lindsay City Council, March 25, 2025

City of Lindsay Page 1

LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA
March 25, 2025, 6:00 P.M.

City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on Tuesday, March 25, 2025 at 6:00 p.m. in person and live via YouTube.

City of Lindsay YouTube Channel: https://www.youtube.com/@CityofLindsay Se anima a los hispanohablantes a asistir a las próximas reuniones del Concejo Municipal de Lindsay. Para traducción al español, comuníquese con la oficina de la Secretaria Municipal por teléfono, (559) 562-7102 ext. 8034, o regístrese unos minutos antes en el momento de la reunión del Consejo.

Rules for Addressing the City Council:
• Members of the public may address the City Council on matters within the jurisdiction of the City of Lindsay.
• Persons wishing to address Council concerning an item on the agenda will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning issues not on the agenda will be invited to address Council during the Public Comment portion of the meeting.
• When invited by the Mayor to speak, please step up to the lectern, state your name and city of residence, and make your comments. Comments are limited to three minutes per speaker.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].

1. CALL TO ORDER

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL

5. APPROVAL OF AGENDA

6. PUBLIC COMMENT – The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time.

7. COUNCIL REPORT

8. STAFF UPDATES – City Services, Finance, Human Resources, Public Safety, Recreation Services

9. CITY MANAGER REPORT
Mayor
Misty Villarreal
Mayor Pro Tem
Yolanda Flores
Councilmembers
Adriana Nave
Rosaena Sanchez
Joe Soria
City of Lindsay Page 2

10. CONSENT CALENDAR – Routine items approved in one motion unless an item is pulled for discussion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

10.1 Waive the Reading of Ordinance and Approve by Title Only.

Action & Recommendation: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

Submitted by: Maegan Peton, City Clerk

10.2 Minutes of the Regular and/or Special Meeting of March 11, 2025 and March 17, 2025.

Action & Recommendation: Approve as submitted.

Submitted by: Maegan Peton, City Clerk

10.3 Warrant List for March 3, 2025 Through March 16, 2025.

Action & Recommendation: Accept the Warrant List for transactions dated March 3, 2025, through March 16, 2025.

Submitted by: Lacy Meneses, Director of Finance

10.4 Letter of Support for Spruce Road Safety Improvement & Congestion Relief Project.

Action & Recommendation: Approve the Letter of Support for the Spruce Road Safety Improvement & Congestion Relief Project.

Submitted by: Kuylor Crocker, Interim City Manager

11. ACTION ITEMS

11.1 Sale of Vacant City-Owned Properties.

Action & Recommendation: Authorize the sale of four vacant City-owned parcels of commercially zoned land, totaling approximately 46,132 square feet (1.05 acres), to Kristar Development LLC for a total purchase price of $390,000. The parcels are currently listed through brokers Jared Ennis and Kevin Land; and authorize the City Manager to execute all necessary documents to complete the transaction, including but not limited to purchase agreements, escrow instructions, and any required regulatory filings.

Submitted by: City Manager

12. PUBLIC HEARINGS

12.1 First reading of Ordinance 615 Approving a Development Agreement Between the City of Lindsay and Quest Equity LLC on behalf of Daley Enterprises for the Tentative Subdivision Map No. 24-01, known as Hidden Oaks Subdivision.

Action & Recommendation: First Reading of Ordinance 615, an Ordinance of the City Council of the City of Lindsay approving a Development Agreement between the City of Lindsay and Quest Equity LLC on behalf of Daley Enterprises (collectively “Developer”) & Tentative Subdivision Map No. 24-01, known as Hidden Oaks Subdivision.

Submitted by: Ryan Heinks, Acting Director of City Services and Planning

12.2 Zoning Ordinance Update No. 25-01.

Action & Recommendation: Approve a resolution of the City Council of the City of Lindsay adopting an Initial Study/Mitigated Negative Declaration (IS/MND) for Zoning Ordinance Update No. 25-01, and approving Zoning Ordinance Update No. 25-01, an update the Lindsay Zoning Ordinance (Title 18 of the Lindsay Municipal Code) and Lindsay Subdivision Ordinance (Title 17 of the Lindsay Municipal Code); and introduce the first reading of an Ordinance of the City of Lindsay approving Zoning Ordinance Update No. 25-01.

Submitted by: Kira Stowell, Contract City Planner

13. REQUEST FOR FUTURE ITEMS
City of Lindsay Page 3

14. EXECUTIVE (CLOSED) SESSION

14.1 Conference with Labor Negotiators (§ 54957.6)
Agency Designated Representative: Kuyler Crocker, Interim City Manager Employee Organization(s): LPOA; SEIU

14.2 Public Employment – Pursuant to § 54957
Title: City Manager

15. ADJOURNMENT – Lindsay City Council meetings are held in the City Council Chambers at 251 E.

Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. A complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the bulletin board at the front of City Hall, 251 E Honolulu St., as well as on the City of Linday’s website (www.lindsay.ca.us).

DATE & TIME POSTED: Friday, March 21, 2025 at 1:00 p.m.

Maegan Peton, City Clerk

LINDSAY CITY COUNCIL

REGULAR MEETING MINUTES
Lindsay Council Chambers Tuesday, March 11, 2025
251 E Honolulu St., Lindsay CA 93247 6:00 p.m. – Regular Meeting Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

STAFF PRESENT: City Manager Daymon Qualls, City Attorney Megan Crouch, City Clerk Maegan Peton, Director of Public Safety Rob Moore, Acting Human Resources Manager Lance Rowell, Director of Finance Lacy Meneses, Director of Recreation Services Armando da Silva, Acting City Services Director Ryan Heinks.
6:00 p.m. – REGULAR MEETING

1. CALL TO ORDER
Mayor Villarreal called to order the regular meeting of the Lindsay City Council at 6:00 p.m. in the Council Chamber located at 251 E. Honolulu St.

2. INVOCATION
The invocation was led by Chaplain Adam Perez.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Villarreal.

4. ROLL CALL
Council Present: Mayor Villarreal
Mayor Pro Tem Flores
Councilmember Nave
Councilmember Sanchez
Councilmember Soria

5. APPROVAL OF AGENDA
It was motioned by Councilmember Soria, seconded by Mayor Villarreal, and unanimously carried to approve the agenda

6. PUBLIC COMMENT
Lindsay High School representative Jessica Lemus provided updates on school activities.

Anita Gustuson asked for clarification on insurance requirements for item 11.4. She also commented on item 11.6, asking if the citizens could vote on the mural design.

Dennise Doanne provided updates on the Lindsay Chamber of Commerce.

Mercy Herrera encouraged Council, City staff, and the public to attend “Gaytino” at the Lindsay Community Theater.

Brenda Rivera provided comment concerning water leaks and potholes in the area of Hickory Street and Lafayette Avenue.

7. COUNCIL REPORT
Mayor Pro Tem Flores advised she had nothing to report.

Councilmember Sanchez advised she had nothing to report.

Councilmember Soria advised he attended the First Friday Coffee Talk and Read Across America. He also visited the Friday Night Market, the Lindsay Museum, and the Senior Center.

Councilmember Nave advised she attended the First Friday Coffee Talk and the Lindsay High School Soccer Semi-Finals.

Mayor Villarreal advised she attended Read Across America, a Lindsay High School softball game, and viewed the Varela Boxing match.

8. STAFF UPDATES
City staff provided updates for Council’s review. Director of Finance Lacy Meneses provided updates to Consent Calendar Item 11.4.

9. CITY MANAGER REPORT
The City Manager reported on recent events and items of interest.

10. RESOLUTION OF COMMENDATION – Varela Boxing Academy
Mayor Villarreal presented a Resolution of Commendation to Varela Boxing Academy.

11. CONSENT CALENDAR
Item 11.4 was removed from the Consent Calendar by Council.

It was motioned by Councilmember Nave, seconded by Mayor Villarreal and unanimously carried to approve the items on the Consent Calendar as presented, except for item 11.4.

11.1 Waive the Reading of Ordinance and Approve by Title Only.

Action & Recommendation: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

11.2 Minutes of the regular and/or special Meeting of February 25, 2025 and February 27, 2025.

Action & Recommendation: Approve as submitted.

Submitted by: Maegan Peton, City Clerk

11.3 Warrant List for February 17, 2025 through March 2, 2025.

Action & Recommendation: Accept the Warrant List for transaction dates of February 17, 2025 through March 2, 2025.

Submitted by: Lacy Meneses, Director of Finance

11.5 Fee Waiver Request – Lindsay Orange Blossom Festival.

Action & Recommendation: Approve the request from the Lindsay Orange Blossom Festival committee to waive all applicable City fees associated with the Lindsay Orange Blossom event, scheduled for Saturday, April 12th, 2025, in Lindsay, California.

Submitted by: Ryan Heinks, Acting Director of City Services

11.6 Letter of Support for the T-Mobile Grant Application for the American Spirit Mural Project.

Action & Recommendation: Authorize the City Manager to sign a letter of support for the T-Mobile Hometown Grant Application for the American Spirit Mural Project.

Submitted by: Armando da Silva, Director of Recreation Services

PULLED CONSENT CALENDAR ITEM(S)

11.4 February 2025 Treasurer’s Report.

Action & Recommendation: Accept the February 2025 Monthly Treasurer’s Report.

Submitted by: Lacy Meneses, Director of Finance
Council Action: Councilmember Soria pulled this item for clarification on the status of the City’s current budget. Director of Finance Lacy Meneses provided a response thereto. Following discussion, it was moved by Councilmember Soria, seconded by Councilmember Sanchez, and unanimously carried to accept the February 2025 Monthly Treasurer’s Report and to schedule a special study session to review the City’s budget.

12. ACTION ITEMS

12.1 Approval of Police Officer Recruit Position.

Action & Recommendation: Approve the establishment of a Police Officer Recruit position within our Public Safety Department designed to identify and develop promising individuals who, after successfully completing the California Basic Police Academy, will continue their careers within our department as a full time Public Safety Officer.

Submitted by: Chief Rob Moore, Director of Public Safety Public Comment: Anita Gustuson requested clarification on the total amount of full-time employees in the Public Safety Department.

Council Action: It was motioned by Councilmember Soria, seconded by Councilmember Nave, and unanimously carried to approve the item as presented.

12.2 Resolution Adopting Updated Design Guidelines and Public Improvement Standards.

Action & Recommendation: Adopt Resolution 25-06 updating the Design Guidelines and Public Improvement Standards as prepared by 4Creeks and reviewed and approved by the City Engineer.

Submitted by: Ryan Heinks, Director of Public Safety
Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Soria, seconded by Councilmember Nave, and unanimously carried to approve the item as presented.

12.3 Hazardous Materials Team Memorandum of Understanding.

Action & Recommendation: Authorize the City Manager to sign the proposed Memorandum of Understanding (MOU) for the Tulare-King’s County Interagency Hazardous Materials Team and provide direction regarding the City of Lindsay’s participation in the program.

Submitted by: Chief Rob Moore, Director of Public Safety Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Nave, seconded by Councilmember Soria, and unanimously carried to approve the item as presented.

13. REQUEST FOR FUTURE ITEMS
Councilmember Soria requested information on the cost for a mailer to be put in the utility bills with a City Calendar. Councilmember Soria also an update on how our sports complex is currently being utilized.

14. EXECUTIVE (CLOSED) SESSION
Council recessed to executive (closed) session at 7:33 p.m.

14.1 Conference with Real Property Negotiators (§ 54956.8) Property: 205-236-013; 205-236-014; 205-236-022; 205-236-020 Agency Negotiation: Daymon Qualls, City Manager and Central CA Commercial Negotiating Parties: Kristar Development, LLC and Central CA Commercial Under Negotiation: Price, terms of payment

14.2 Conference with Labor Negotiators (§ 54957.6)
Agency Designated Representative: Daymon Qualls, City Manager Employee Organization(s): LPOA; SEIU

14.3 Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to § 54956.9(b): 1 case Council reconvened from executive (closed) session at 8:33 p.m.

15. ADJOURNMENT
The regular meeting was adjourned at 8:34 p.m.

Approved by Council: March 25, 2025.
_________________________
Misty Villarreal, Mayor
ATTEST:
_________________________
Maegan Peton, City Clerk
The next Regular Meeting of the Lindsay City Council is scheduled to be held on March 25, 2025.

LINDSAY CITY COUNCIL

SPECIAL MEETING MINUTES
Lindsay Council Chambers Monday, March 17, 2025
251 E Honolulu St., Lindsay CA 93247 6:00 p.m. – Special Meeting Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

STAFF PRESENT: City Manager Daymon Qualls, City Attorney Megan Crouch, City Clerk Maegan Peton, Director of Finance Lacy Meneses, Director of Public Safety Rob Moore, Acting Human Resources Manager Lance Rowell, Director of Recreation Services Armando da Silva, Acting Director of City Services Ryan Heinks.
5:30 p.m. – SPECIAL MEETING

1. CALL TO ORDER
Mayor Villarreal called to order the special meeting of the Lindsay City Council at 6:00 p.m. in the Council Chamber located at 251 E. Honolulu St.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Villarreal.

3. ROLL CALL
Council Present: Mayor Villarreal
Mayor Pro Tem Flores
Councilmember Nave
Councilmember Sanchez
Councilmember Soria

4. APPROVAL OF AGENDA
It was motioned by Councilmember Soria, seconded by Councilmember Nave, and unanimously carried to approve the agenda.

5. PUBLIC COMMENT PERTAINING TO EXECUTIVE (CLOSED) SESSION ITEMS Mercy Herrera requested more staff and community input in the City Manager hiring process, requesting the panel to consist of two Council members, two staff members, one community person.

Henry Villanueva requested more inclusivity in the hiring process for the City Manager and to have the community more involved.

Eric Coyne reported that he wishes Daymon the best in his next steps and that he looks forward to working with the next City Manager.

Dennis Doanne offered his prayers and support in recruiting the next City Manager.

6. RECESS TO EXECUTIVE (CLOSED) SESSION
City Council recessed to closed session at 6:06 p.m.

6.1 Public Employment – Pursuant to § 54957
Title: City Manager

7. RECONVENE FROM CLOSED SESSION
City Council reconvened from closed session at 7:09 pm.

8. CLOSED SESSION REPORT
City Attorney Megan Crouch reported that the Council voted 5 to 0 to appoint Kuyler Crocker as interim City Manager.

9. ADJOURNMENT
The special meeting was adjourned at 7:10 p.m.

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: March 25, 2025
DEPARTMENT: Finance
FROM: Lacy Meneses, Finance Director
AGENDA TITLE: Warrant List for March 3, 2025, through March 16, 2025

ACTION & RECOMMENDATION
Accept the Warrant List for transactions dated March 3, 2025, through March 16, 2025.

BACKGROUND | ANALYSIS
The warrant list for March 3, 2025, through March 16, 2025, is submitted for Council review and acceptance.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS

1. Warrant List
Item #: 10.3
Consent
CITY OF LINDSAY | WARRANT LIST
TRANSACTION DATES: THROUGH 3/16/258
Check# Fund Date Vendor # Vendor Name Description Amount 027583 $0.00
779 - 00-HOME-0487 03/07/25 7303 AMERICAN MODERN PRO AMERICAN MODERN PRO 0 27558 $355.12
101 - GENERAL FUND 03/03/25 6500 CHARTER COMMUNICATI CHARTER COMMUNICATI 13.94 400 - WELLNESS CENTER 03/03/25 6500 CHARTER COMMUNICATI CHARTER COMMUNICATI 341.18 27559 $2,650.00
101 - GENERAL FUND 03/07/25 7071 A PLUS ROOFING COMP A PLUS ROOFING COMP 2650 27560 $193.59
552 - WATER 03/07/25 007 AG IRRIGATION SALES AG IRRIGATION SALES 151.28 552 - WATER 03/07/25 007 AG IRRIGATION SALES AG IRRIGATION SALES 42.31 27561 $650.00
101 - GENERAL FUND 03/07/25 7321 ALM GLOBAL LLC ALM GLOBAL LLC 650 27562 $9,644.46
460 - CA STATE PARKS 03/07/25 6630 AQUA-METRIC SALES, AQUA-METRIC SALES, 2350.8 552 - WATER 03/07/25 6630 AQUA-METRIC SALES, AQUA-METRIC SALES, 5225.69 552 - WATER 03/07/25 6630 AQUA-METRIC SALES, AQUA-METRIC SALES, 2067.97 27563 $692.00
101 - GENERAL FUND 03/07/25 7319 BERNARD HEALTH LLC BERNARD HEALTH LLC 692 27564 $500,000.00
101 - GENERAL FUND 03/07/25 7322 BRYANT WHITTEN LLP BRYANT WHITTEN LLP 500000 27565 $1,616.03
553 - SEWER 03/07/25 7313 CARDINAL BLUE SOLAR CARDINAL BLUE SOLAR 1616.03 27570 $2,330.38
101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.72 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.72 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 39.08 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.72 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.72 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 44.8 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 10.04 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 39.07 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 44.8 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 10.04 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 39.07 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 44.8 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 10.04 101 - GENERAL FUND 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 39.09 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 3/3/2025
552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 44.83 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 10.05 552 - WATER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 39.09 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 44.83 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 10.05 553 - SEWER 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 39.09 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 44.83 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 10.05 554 - REFUSE 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 39.09 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 3.71 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 44.83 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 10.05 556 - VITA-PAKT 03/07/25 5832 CINTAS CORPORATION CINTAS CORPORATION 32.03 27571 $850.00
101 - GENERAL FUND 03/07/25 6118 CVIN LLC CVIN LLC 15.5 101 - GENERAL FUND 03/07/25 6118 CVIN LLC CVIN LLC 14.53 101 - GENERAL FUND 03/07/25 6118 CVIN LLC CVIN LLC 46.83 101 - GENERAL FUND 03/07/25 6118 CVIN LLC CVIN LLC 307.44 101 - GENERAL FUND 03/07/25 6118 CVIN LLC CVIN LLC 47.25 101 - GENERAL FUND 03/07/25 6118 CVIN LLC CVIN LLC 29.71 101 - GENERAL FUND 03/07/25 6118 CVIN LLC CVIN LLC 43.46 261 - GAS TAX FUND 03/07/25 6118 CVIN LLC CVIN LLC 25.29 400 - WELLNESS CENTER 03/07/25 6118 CVIN LLC CVIN LLC 128.06 552 - WATER 03/07/25 6118 CVIN LLC CVIN LLC 84.56
553 - SEWER 03/07/25 6118 CVIN LLC CVIN LLC 75.35
554 - REFUSE 03/07/25 6118 CVIN LLC CVIN LLC 32.02
27572 $412.00
101 - GENERAL FUND 03/07/25 316 DEPT OF JUSTICE DEPT OF JUSTICE 412 27573 $5,175.00
101 - GENERAL FUND 03/07/25 4076 LIEBERT CASSIDY WHI LIEBERT CASSIDY WHI 1453.5 101 - GENERAL FUND 03/07/25 4076 LIEBERT CASSIDY WHI LIEBERT CASSIDY WHI 31.5 101 - GENERAL FUND 03/07/25 4076 LIEBERT CASSIDY WHI LIEBERT CASSIDY WHI 3690 27575 $15,451.20
101 - GENERAL FUND 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 254.94 101 - GENERAL FUND 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 239.49 101 - GENERAL FUND 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 777.2 101 - GENERAL FUND 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 5610.34 101 - GENERAL FUND 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 886.9 101 - GENERAL FUND 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 516.07 101 - GENERAL FUND 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 919.35 261 - GAS TAX FUND 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 369.28 263 - TRANSPORTATION 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 302.84 400 - WELLNESS CENTER 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 2127.63 552 - WATER 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 1416.88 553 - SEWER 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 1421.51 554 - REFUSE 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 559.33 556 - VITA-PAKT 03/07/25 6225 LIFTOFF LLC LIFTOFF LLC 49.44 27576 $50,886.48
460 - CA STATE PARKS 03/07/25 7307 MISSION BANK MISSION BANK 17036.33 460 - CA STATE PARKS 03/07/25 7307 MISSION BANK MISSION BANK 13728.6 460 - CA STATE PARKS 03/07/25 7307 MISSION BANK MISSION BANK 20121.55 27577 $6,500.00
552 - WATER 03/07/25 6095 RALPH GUTIERREZ WAT RALPH GUTIERREZ WAT 3250 553 - SEWER 03/07/25 6095 RALPH GUTIERREZ WAT RALPH GUTIERREZ WAT 3250 27578 $81,282.00
300 - MCDERMONT SALE PROCEEDS 03/07/25 1921 TELSTAR INSTRUMENTS TELSTAR INSTRUMENTS 80973 552 - WATER 03/07/25 1921 TELSTAR INSTRUMENTS TELSTAR INSTRUMENTS 309 27579 $70.00
101 - GENERAL FUND 03/07/25 6413 TRANS UNION LLC TRANS UNION LLC 70 27580 $584,533.48
460 - CA STATE PARKS 03/07/25 7300 UNIFIED FIELD SERVI UNIFIED FIELD SERVI 323690.27 460 - CA STATE PARKS 03/07/25 7300 UNIFIED FIELD SERVI UNIFIED FIELD SERVI 260843.21 27581 $8,447.36
552 - WATER 03/07/25 2960 UNITED STATES BUREA UNITED STATES BUREA 8447.36 27582 $501.20
261 - GAS TAX FUND 03/07/25 382 ZUMAR INDUSTRIES IN ZUMAR INDUSTRIES IN 139.44 261 - GAS TAX FUND 03/07/25 382 ZUMAR INDUSTRIES IN ZUMAR INDUSTRIES IN 361.76 27584 $953.00
779 - 00-HOME-0487 03/07/25 7303 AMERICAN MODERN PRO AMERICAN MODERN PRO 953 27586 $52.85
101 - GENERAL FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 0.79 101 - GENERAL FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 0.74 101 - GENERAL FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 5 101 - GENERAL FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 2.41 101 - GENERAL FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 17.37 101 - GENERAL FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 2.75 101 - GENERAL FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 1.6 101 - GENERAL FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 2.85 261 - GAS TAX FUND 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 1.14 263 - TRANSPORTATION 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 0.94 400 - WELLNESS CENTER 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 6.59 552 - WATER 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 4.39 553 - SEWER 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 4.4 554 - REFUSE 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 1.73 556 - VITA-PAKT 03/10/25 1565 OACYS TECHNOLOGY OACYS TECHNOLOGY 0.15 27587 $829.27
101 - GENERAL FUND 03/11/25 4660 CITY OF LINDSAY CITY OF LINDSAY 39.7 101 - GENERAL FUND 03/11/25 4660 CITY OF LINDSAY CITY OF LINDSAY 350 101 - GENERAL FUND 03/11/25 4660 CITY OF LINDSAY CITY OF LINDSAY 439.57 27588 $368.83
101 - GENERAL FUND 03/11/25 3192 SEIU LOCAL 521 SEIU LOCAL 521 2 101 - GENERAL FUND 03/11/25 3192 SEIU LOCAL 521 SEIU LOCAL 521 366.83 27589 $6,754.21
101 - GENERAL FUND 03/11/25 6452 GREAT-WEST TRUST GREAT-WEST TRUST 2142.17 101 - GENERAL FUND 03/11/25 6452 GREAT-WEST TRUST GREAT-WEST TRUST 1255.96 101 - GENERAL FUND 03/11/25 6452 GREAT-WEST TRUST GREAT-WEST TRUST 2935.05 101 - GENERAL FUND 03/11/25 6452 GREAT-WEST TRUST GREAT-WEST TRUST 421.03 27590 $204.20
101 - GENERAL FUND 03/11/25 7301 LINDSAY POLICE OFFI LINDSAY POLICE OFFI 204.2 27591 $73.82
101 - GENERAL FUND 03/11/25 6246 MCDERMONT VENTURE I MCDERMONT VENTURE I 73.82 27592 $62.76
101 - GENERAL FUND 03/11/25 3042 STATE DISBURSEMENT STATE DISBURSEMENT 62.76 27593 $439.65
101 - GENERAL FUND 03/11/25 1498 STATE OF CALIF FRAN STATE OF CALIF FRAN 439.65 27594 $482.68
101 - GENERAL FUND 03/14/25 3977 AFLAC AFLAC 482.68
27595 $1,482.11
101 - GENERAL FUND 03/14/25 4924 NAVIA BENEFIT SOLUT NAVIA BENEFIT SOLUT 652.1 101 - GENERAL FUND 03/14/25 4924 NAVIA BENEFIT SOLUT NAVIA BENEFIT SOLUT 181.52 101 - GENERAL FUND 03/14/25 4924 NAVIA BENEFIT SOLUT NAVIA BENEFIT SOLUT 200 101 - GENERAL FUND 03/14/25 4924 NAVIA BENEFIT SOLUT NAVIA BENEFIT SOLUT 200 101 - GENERAL FUND 03/14/25 4924 NAVIA BENEFIT SOLUT NAVIA BENEFIT SOLUT 248.49 27596 $614.57
101 - GENERAL FUND 03/14/25 4924 NAVIA BENEFIT SOLUT NAVIA BENEFIT SOLUT 614.57 27597 $9.95
101 - GENERAL FUND 03/14/25 5283 E-SMART PAYROLL ONL E-SMART PAYROLL ONL 9.95 27598 $61,599.53
101 - GENERAL FUND 03/14/25 2011 INTERNAL REVENUE SE INTERNAL REVENUE SE 11823.71 101 - GENERAL FUND 03/14/25 2011 INTERNAL REVENUE SE INTERNAL REVENUE SE 20223.5 101 - GENERAL FUND 03/14/25 2011 INTERNAL REVENUE SE INTERNAL REVENUE SE 10353 101 - GENERAL FUND 03/14/25 2011 INTERNAL REVENUE SE INTERNAL REVENUE SE 19199.32 27599 $233.24
101 - GENERAL FUND 03/14/25 6767 METLIFE METLIFE 233.24 27600 $61,635.91
101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 5727.47 101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 5751.42 101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 9132.38 101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 9142.31 101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 5710.39 101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 6693.93 101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 10223.04 101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 9124.97 101 - GENERAL FUND 03/14/25 457 PUBLIC EMPLOYEES RE PUBLIC EMPLOYEES RE 130 27601 $8,771.29
101 - GENERAL FUND 03/14/25 687 STATE OF CALIFORNIA STATE OF CALIFORNIA 4600.78 101 - GENERAL FUND 03/14/25 687 STATE OF CALIFORNIA STATE OF CALIFORNIA 4170.51 27603 $6,831.19
101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 150.81 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 515.95 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 1009.26 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 139.79 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 88.83 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 1275.59 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 22.18 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 65.24 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 196.55 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 88.83 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 98.1 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 228.57 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 86.4 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 194.95 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 1084.58 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 250 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 147.09 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 434.45 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 22.19 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 140.45 101 - GENERAL FUND 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 450.15 400 - WELLNESS CENTER 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 59.57 400 - WELLNESS CENTER 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 50 400 - WELLNESS CENTER 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 11.99 400 - WELLNESS CENTER 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 30 400 - WELLNESS CENTER 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S 79.67 554 - REFUSE 03/14/25 6326 CORPORATE PAYMENT S CORPORATE PAYMENT S -90 27604 $27,765.13
552 - WATER 03/14/25 2960 UNITED STATES BUREA UNITED STATES BUREA 8510.4 552 - WATER 03/14/25 2960 UNITED STATES BUREA UNITED STATES BUREA 11914.56 552 - WATER 03/14/25 2960 UNITED STATES BUREA UNITED STATES BUREA 7340.17 27605 $262.23
101 - GENERAL FUND 03/14/25 7302 WEX BANK WEX BANK 262.23 27606 $10,564.27
552 - WATER 03/14/25 051 BSK BSK 1396.25
552 - WATER 03/14/25 051 BSK BSK 1010
552 - WATER 03/14/25 051 BSK BSK 2147.56
552 - WATER 03/14/25 051 BSK BSK 2020
553 - SEWER 03/14/25 051 BSK BSK 1467.19
553 - SEWER 03/14/25 051 BSK BSK 977.19
556 - VITA-PAKT 03/14/25 051 BSK BSK 984.2
556 - VITA-PAKT 03/14/25 051 BSK BSK 561.88
27607 $10,932.24
552 - WATER 03/14/25 4555 THATCHER COMPANY IN THATCHER COMPANY IN -1500 552 - WATER 03/14/25 4555 THATCHER COMPANY IN THATCHER COMPANY IN 12432.24 27608 $856.16
101 - GENERAL FUND 03/14/25 1858 ALL PRO FIRE AND SA ALL PRO FIRE AND SA 856.16 27609 $150.00
400 - WELLNESS CENTER 03/14/25 6950 ANA CARRETERO ANA CARRETERO 150 27610 $63.00
101 - GENERAL FUND 03/14/25 5013 BUZZ KILL PEST CONT BUZZ KILL PEST CONT 30 552 - WATER 03/14/25 5013 BUZZ KILL PEST CONT BUZZ KILL PEST CONT 33 27611 $4,943.60
553 - SEWER 03/14/25 7313 CARDINAL BLUE SOLAR CARDINAL BLUE SOLAR 2243.99 553 - SEWER 03/14/25 7313 CARDINAL BLUE SOLAR CARDINAL BLUE SOLAR 2699.61 27612 $10,150.00
261 - GAS TAX FUND 03/14/25 1702 SCA OF CA, LLC SCA OF CA, LLC 5075 261 - GAS TAX FUND 03/14/25 1702 SCA OF CA, LLC SCA OF CA, LLC 5075 27613 $190.90
101 - GENERAL FUND 03/14/25 5832 CINTAS CORPORATION CINTAS CORPORATION 76.82 101 - GENERAL FUND 03/14/25 5832 CINTAS CORPORATION CINTAS CORPORATION 38.02 552 - WATER 03/14/25 5832 CINTAS CORPORATION CINTAS CORPORATION 38.03 553 - SEWER 03/14/25 5832 CINTAS CORPORATION CINTAS CORPORATION 38.03 27614 $72.79
101 - GENERAL FUND 03/14/25 6672 COLBY'S TIRE,TOWING COLBY'S TIRE,TOWING 72.79 27615 $850.03
101 - GENERAL FUND 03/14/25 6118 CVIN LLC CVIN LLC 14.96 101 - GENERAL FUND 03/14/25 6118 CVIN LLC CVIN LLC 14.03 101 - GENERAL FUND 03/14/25 6118 CVIN LLC CVIN LLC 45.48 101 - GENERAL FUND 03/14/25 6118 CVIN LLC CVIN LLC 26.95 101 - GENERAL FUND 03/14/25 6118 CVIN LLC CVIN LLC 298.01 101 - GENERAL FUND 03/14/25 6118 CVIN LLC CVIN LLC 45.9 101 - GENERAL FUND 03/14/25 6118 CVIN LLC CVIN LLC 28.9 101 - GENERAL FUND 03/14/25 6118 CVIN LLC CVIN LLC 41.57 261 - GAS TAX FUND 03/14/25 6118 CVIN LLC CVIN LLC 24.48 400 - WELLNESS CENTER 03/14/25 6118 CVIN LLC CVIN LLC 124.02 552 - WATER 03/14/25 6118 CVIN LLC CVIN LLC 81.86
553 - SEWER 03/14/25 6118 CVIN LLC CVIN LLC 72.93
554 - REFUSE 03/14/25 6118 CVIN LLC CVIN LLC 30.94
27616 $584.00
781 - CAL HOME RLF 03/14/25 2540 DEPT.OF HOUSING & C DEPT.OF HOUSING & C 584 27617 $1,781.49
700 - CDBG REVOLVING LN FUND 03/14/25 2540 DEPT.OF HOUSING & C DEPT.OF HOUSING & C 1781.49 27618 $9,318.92
720 - HOME REVOLVING LN FUND 03/14/25 2540 DEPT.OF HOUSING & C DEPT.OF HOUSING & C 9318.92 27619 $76.14
101 - GENERAL FUND 03/14/25 3218 FARMERS TRACTOR & E FARMERS TRACTOR & E 76.14 27620 $3,023.61
101 - GENERAL FUND 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 382.94 101 - GENERAL FUND 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 376.76 101 - GENERAL FUND 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 32.98 101 - GENERAL FUND 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 27.3 101 - GENERAL FUND 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 2.99 101 - GENERAL FUND 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 2.99 552 - WATER 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 432.32 552 - WATER 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 425.71 553 - SEWER 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 629.92 553 - SEWER 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 43.23 553 - SEWER 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 623.24 553 - SEWER 03/14/25 6010 FRONTIER COMMUNICAT FRONTIER COMMUNICAT 43.23 27621 $237.96
101 - GENERAL FUND 03/14/25 1925 FRUIT GROWERS SUPPL FRUIT GROWERS SUPPL 237.96 27622 $225.35
101 - GENERAL FUND 03/14/25 7200 INFOARMOR INC INFOARMOR INC 119.65 101 - GENERAL FUND 03/14/25 7200 INFOARMOR INC INFOARMOR INC 105.7 27623 $1,500.00
553 - SEWER 03/14/25 180 INGRAM EQUIPMENT CO INGRAM EQUIPMENT CO 1500 27624 $3,200.92
101 - GENERAL FUND 03/14/25 4067 LINCOLN NAT'L INSUR LINCOLN NAT'L INSUR 2034.19 101 - GENERAL FUND 03/14/25 4067 LINCOLN NAT'L INSUR LINCOLN NAT'L INSUR 1166.73 27625 $1,800.00
400 - WELLNESS CENTER 03/14/25 6260 LLEON SERVICES LLEON SERVICES 1800 27626 $225.00
887 - SWEETBRIER TOWNHOUSES 03/14/25 6550 MARIO SAGREDO ELECT MARIO SAGREDO ELECT 225 27627 $24,402.47
460 - CA STATE PARKS 03/14/25 7307 MISSION BANK MISSION BANK 2940.33 460 - CA STATE PARKS 03/14/25 7307 MISSION BANK MISSION BANK 21462.14 27628 $4,408.75
460 - CA STATE PARKS 03/14/25 6639 MOORE IACOFANO GOLT MOORE IACOFANO GOLT 4078.75 460 - CA STATE PARKS 03/14/25 6639 MOORE IACOFANO GOLT MOORE IACOFANO GOLT 330 27629 $678.83
101 - GENERAL FUND 03/14/25 7019 NUTRIEN AG SOLUTION NUTRIEN AG SOLUTION 169.7 101 - GENERAL FUND 03/14/25 7019 NUTRIEN AG SOLUTION NUTRIEN AG SOLUTION 169.71 552 - WATER 03/14/25 7019 NUTRIEN AG SOLUTION NUTRIEN AG SOLUTION 169.71 553 - SEWER 03/14/25 7019 NUTRIEN AG SOLUTION NUTRIEN AG SOLUTION 169.71 27630 $375.11
101 - GENERAL FUND 03/14/25 7242 ODP BUSINESS SOLUTI ODP BUSINESS SOLUTI 141.26 101 - GENERAL FUND 03/14/25 7242 ODP BUSINESS SOLUTI ODP BUSINESS SOLUTI 233.85 27631 $297.00
101 - GENERAL FUND 03/14/25 3260 PACIFIC EMPLOYERS PACIFIC EMPLOYERS 297 27632 $64.78
101 - GENERAL FUND 03/14/25 6991 PREMIER ACCESS INSU PREMIER ACCESS INSU 64.78 27633 $2,499.36
101 - GENERAL FUND 03/14/25 6991 PREMIER ACCESS INSU PREMIER ACCESS INSU 2499.36 27634 $2,650.41
101 - GENERAL FUND 03/14/25 6991 PREMIER ACCESS INSU PREMIER ACCESS INSU 2650.41 27635 $64.78
101 - GENERAL FUND 03/14/25 6991 PREMIER ACCESS INSU PREMIER ACCESS INSU 64.78 27636 $3,530.45
101 - GENERAL FUND 03/14/25 6991 PREMIER ACCESS INSU PREMIER ACCESS INSU 3530.45 27637 $64.78
101 - GENERAL FUND 03/14/25 6991 PREMIER ACCESS INSU PREMIER ACCESS INSU 64.78 27638 $114.17
261 - GAS TAX FUND 03/14/25 2869 PORTERVILLE SHELTER PORTERVILLE SHELTER 114.17 27639 $97.86
400 - WELLNESS CENTER 03/14/25 285 QUILL CORPORATION QUILL CORPORATION 97.86 27640 $284.50
552 - WATER 03/14/25 3016 QUINN COMPANY QUINN COMPANY 142.25 553 - SEWER 03/14/25 3016 QUINN COMPANY QUINN COMPANY 142.25 27641 $299.65
101 - GENERAL FUND 03/14/25 5624 SIERRA SANITATION, SIERRA SANITATION, 299.65 27642 $590.62
101 - GENERAL FUND 03/14/25 5625 SUPERIOR VISION SER SUPERIOR VISION SER 590.62 27643 $408.24
101 - GENERAL FUND 03/14/25 5625 SUPERIOR VISION SER SUPERIOR VISION SER 408.24 27644 $2,938.00
101 - GENERAL FUND 03/14/25 7318 TARGET SOLUTIONS LE TARGET SOLUTIONS LE 2938 27645 $4,661.08
101 - GENERAL FUND 03/14/25 5755 TELEPACIFIC COMMUNI TELEPACIFIC COMMUNI 68.49 101 - GENERAL FUND 03/14/25 5755 TELEPACIFIC COMMUNI TELEPACIFIC COMMUNI 561.68 101 - GENERAL FUND 03/14/25 5755 TELEPACIFIC COMMUNI TELEPACIFIC COMMUNI 801.32 101 - GENERAL FUND 03/14/25 5755 TELEPACIFIC COMMUNI TELEPACIFIC COMMUNI 1211.84 101 - GENERAL FUND 03/14/25 5755 TELEPACIFIC COMMUNI TELEPACIFIC COMMUNI 754.21 400 - WELLNESS CENTER 03/14/25 5755 TELEPACIFIC COMMUNI TELEPACIFIC COMMUNI 749.25 552 - WATER 03/14/25 5755 TELEPACIFIC COMMUNI TELEPACIFIC COMMUNI 130.23 553 - SEWER 03/14/25 5755 TELEPACIFIC COMMUNI TELEPACIFIC COMMUNI 384.06 27646 $301.35
101 - GENERAL FUND 03/14/25 5792 THOMSON REUTERS - W THOMSON REUTERS - W 301.35 27647 $301.35
101 - GENERAL FUND 03/14/25 5792 THOMSON REUTERS - W THOMSON REUTERS - W 301.35 27648 $1,134.00
400 - WELLNESS CENTER 03/14/25 2399 TULARE COUNTY ENVIR TULARE COUNTY ENVIR 1134 27649 $407,780.67
460 - CA STATE PARKS 03/14/25 7300 UNIFIED FIELD SERVI UNIFIED FIELD SERVI 1000 460 - CA STATE PARKS 03/14/25 7300 UNIFIED FIELD SERVI UNIFIED FIELD SERVI 406780.67 27650 $12.53
101 - GENERAL FUND 03/14/25 612 WEISENBERGERS ACE H WEISENBERGERS ACE H 12.53 SUMMARY BY FUNDING SOURCE $1,970,373.84
101 - GENERAL FUND 695,209.25
200 - STREET IMPROVEMENT FUND -
261 - GAS TAX FUND 11,185.56
263 - TRANSPORTATION 303.78
266 - LTF-ART 8 STREETS & ROADS -
300 - MCDERMONT SALE PROCEEDS 80,973.00
306 - COVID-19 ARPA FUND -
400 - WELLNESS CENTER 6,889.82
460 - CA STATE PARKS 1,074,362.65
471 - PARK IMPROVEMENTS -
552 - WATER 68,056.75
553 - SEWER 17,734.89
554 - REFUSE 867.04
556 - VITA-PAKT 1,928.69
600 - CAPITAL IMPROVEMENT -
660 - RDA OBLIGATION RETIREMENT -
700 - CDBG REVOLVING LN FUND 1,781.49
702 - CHFA-HELP LHBP -
720 - HOME REVOLVING LN FUND 9,318.92
779 - 00-HOME-0487 953.00
781 - CAL HOME RLF 584.00
883 - SIERRA VIEW ASSESSMENT -
884 - HERITAGE ASSESSMENT DIST -
886 - SAMOA -
887 - SWEETBRIER TOWNHOUSES 225.00
888 - PARKSIDE -
889 - SIERRA VISTA ASSESSMENT -
890 - MAPLE VALLEY ASSESSMENT -
891 - PELOUS RANCH -
TOTAL $1,970,373.84

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: March 25, 2025
DEPARTMENT: City Manager
FROM: Kuyler Crocker, Interim City Manager
AGENDA TITLE: Letter of Support for Spruce Road Safety Improvement & Congestion Relief Project

ACTION & RECOMMENDATION
Approve the Letter of Support for the Spruce Road Safety Improvement & Congestion Relief Project BACKGROUND | ANALYSIS
Tulare County is requesting funding to improve the safety of Spruce Road, which is a regional Farm to Market route along with being a main thoroughfare for many commuters throughout the County.

To improve traffic flow, ease congestion, and enhance traffic safety, Tulare County is proposing to place a stoplight at the intersection of Spruce Road and Avenue 256, which is just a few miles north of the City of Lindsay. As Tulare County has continued to grow, more and more drivers are utilizing Spruce Road for their travel needs.

Tulare County is requesting a letter of support for this vital project. The County is working with U.S. Senator Alex Padilla to secure federal funding. Lindsay residents will benefit from this project, as it is in close proximity to the City and many residents utilize Spruce Road regularly to travel.

Staff recommends supporting this effort to secure funding for a stoplight from our United States Senator Alex Padilla by approving the letter of support and authorizing the Mayor to sign.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS

1. Letter of Support to U.S. Senator Alex Padilla
Item #: 10.4
Consent

CITY OF LINDSAY
Misty Villarreal
Mayor
251 Honolulu Street | P.O. Box 369 | Lindsay, CA 93247
[email protected] | 559.562.7102 ext. 8034
March 25, 2025
The Honorable Alex Padilla, U.S. Senator
B03 Russell Senate Office Building
Washington, DC 20510

Re: Support of the Spruce Road Safety Improvement and Congestion Relief Project Dear Senator Padilla,
On behalf of the City of Lindsay, I write this letter in strong support of the Spruce Road Safety Improvement and Congestion Relief Project. The County of Tulare is requesting funding to install a stoplight at the intersection of Avenue 256 and Road 204 (Spruce Road).

The project location is north of the City of Lindsay in a rural, unincorporated region of Tulare County. It is currently an all-way stop intersection, two lanes north-south and two lanes east-west. Road 204 is a heavily traveled corridor and serves as an alternate route to State Route 65 which runs parallel approximately one mile to the west. Much of the traffic is commuters traveling to the neighboring City of Visalia for work, educational opportunities, or to access essential services not available in the surrounding rural communities.

Congestion and traffic collisions at the intersection has increased exponentially over the years, and there is a clear need to address the current issues promptly. This project includes the installation of stoplights to improve safety and improve the flow of traffic along the entire Spruce corridor. It is anticipated that there will be a reduction of collisions and less congestion along the roadway upon completion of this project.

The Lindsay City Council supports the Tulare County Board of Supervisors’ efforts in securing funding for this project and encourages funding this project through this Congress Directed Spending opportunity.

Sincerely,
Misty Villarreal
Mayor of the City of Lindsay

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: March 25, 2025
DEPARTMENT: City Manager
FROM: City Manager
AGENDA TITLE: Sale of Vacant City-Owned Properties

ACTION & RECOMMENDATION
Authorize the sale of four vacant City-owned parcels of commercially zoned land, totaling approximately 46,132 square feet (1.05 acres), to Kristar Development LLC for a total purchase price of $390,000. The parcels are currently listed through brokers Jared Ennis and Kevin Land; and authorize the City Manager to execute all necessary documents to complete the transaction, including but not limited to purchase agreements, escrow instructions, and any required regulatory filings.

BACKGROUND | ANALYSIS
The City of Lindsay owns four commercial parcels located at:
• 122 E. Honolulu (APN 205-236-013-000)
• 100 E. Honolulu (APN 205-236-014-000)
• 190 S. Elmwood (APN 205-236-020-000)
• 116 S. Elmwood (APN 205-236-022-000)
These parcels have been identified as surplus property suitable for sale to encourage economic development within the City. Kristar Development LLC has expressed interest in purchasing these parcels for commercial development purposes. The City has engaged brokers Jared Ennis and Kevin Land to facilitate the transaction.

The sale of these parcels aligns with the City’s objectives to promote economic growth and generate additional commercial development within Lindsay. The buyer, Kristar Development LLC, has a background in commercial development, and their acquisition of these properties is expected to lead to further economic activity in the downtown area.

The agreed-upon purchase price of $390,000 is considered fair market value based on the broker’s assessment and comparable sales in the area. The sale proceeds will provide the City with additional revenue, which may be allocated toward community development, infrastructure improvements, or other municipal priorities.

Legal review
The sale of City-owned property requires City Council approval and must comply with all applicable municipal codes and state laws governing public property sales. Legal counsel has reviewed the transaction to ensure compliance with these requirements, including the California Surplus Land Act.

FISCAL IMPACT
The sale will generate $390,000 in general fund revenue for the City of Lindsay. This revenue may be allocated for future economic development initiatives, capital improvements, or other City priorities as determined by the Council.

ATTACHMENTS:

1. Disclosure Regarding Real Estate Agency Relationship

2. Purchase Agreement
Item #: 11.1
Action Items
Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 Al RCR::;
contracts

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.

SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:

To the Seller: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.

To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:

To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salesperson and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.

In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller of the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.

In representing both Seller and Buyer, a dual agent may not, without the permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered.

SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.

Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE

ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE).
□ Buyer IX! Seller □ Lessor □ Lr.~,,~:!t=:;~~Y'Q_u_a_l_l_s ______ ----TG_m_S_ig_ne_kn_by_: ______ Date:---------- IX! Buyer O Seller O Lessor O L~ ~§>Jk~i & K::~4~~~:jannsong::Erngp~~v:-s~~ Date: _ 3 _
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u~ Real Estate Broker (Firm) 311212025
y: ___________________ DRE Lie. #01945284 Date: _________ _ 19CAA4EDF979,(.6.alesperson or Broker-Associate) Jared Ennis & Kevin Land THIS FORM HAS BEEN PREPARED BY AIR CRE. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF THIS FORM FOR ANY SPECIFIC TRANSACTION. PLEASE SEEK LEGAL COUNSEL,.,, TO THE APPROPRIATENESS OF THIS FORM. o ~INIE F PAGE 1 OF 3 J:>

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© 2019 AIR CRE. All Rights Reserved. AD-3.01, Revised 10-22-2020 Century 21 Jordan-Link & Company - Fresno, 7520 N Palm Fresno, CA 9371 I Phone: (559) 705-1000 Fax: 122 / IOO E Honolulu, Jared Ennis Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13. As used in Sections 2079. 7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) "Agent" means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and. includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes vendee or lessee of real property. (c) "Commercial real property" means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) "Dual agent" means an agent acting, either ·directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) "Listing agreement" means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) "Seller's agent" means a person who has obtained a listing of real property to act as an agent for compensation. (g) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. (h) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) "Offer to purchase" means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) "Real property" means any estate specified by subdivision (1) or (2) of Section.761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (31 commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131 .6 of the Business and Professions Code. (k) "Real property transaction" means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (I) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller" means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether "Seller" means the transferor in a real property transaction and includes an owner is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor of real property. (n) "Buyer's agent" means an agent who represents a buyer in a real property transaction.
2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows:
(a) The seller's agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer's agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer's agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.
2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller. (C) CONFIRMATION: The following agency relationships are confirmed for this transaction.

Seller's Brokerage Firm DO NOT COMPLETE, SAMPLE ONLY License Number ________ _ Is the broker of (check one): D the seller; or D both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE, SAMPLE ONLY License Number ________ _ Is (check one): D the Seller's Agent. (salesperson or broker associate); or D both the Buyer's Agent and the Seller's Agent. (dual agent) Buyer's Brokerage Firm DO NOT COMPLETE, SAMPLE ONLY License Number ________ _ Is the broker of (check one): D the buyer; or D both the buyer and seller. (dual agent) Buyer's Agent DO NOT COMPLETE, SAMPLE ONLY License Number ________ _ Is (check one): D the Buyer's Agent. (salesperson or broker associate); or D both the Buyer's Agent and the Seller's Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker.
2079.18 (Repealed pursuant to AB-1289, 2017-18 California Legislative session) PAGE2 OF 3

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© 2019 AIR CRE. All Rights Reserved. AD-3.01, Revised 10-22-2020 Produced with zipFonn® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zipLogix com 122/100 E Docusign Envelope ID: 1EF86154-E029-4F94-A387-2E16F6AB91B0 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) "Confidential information" means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price.
2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 (a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. (b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender's approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable.
2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.

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AIR CRE • https://www.aircre.com • 213-687-8777 • [email protected] NOTICE: No part of the works may be reproduced in any form without permission in writing.

PAGE3 OF 3 ~£"
© 2019 AIR CRE. All Rights Reserved. AD-3.01, Revised 10-22-2020 Produced with zipFonn® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zipLogix com 122/100 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 AIRCR:i~
contracts

STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS

FOR PURCHASE OF REAL ESTATE
(Vacant Land)

1. Buyer.

1.1 KriStar Development LLC , ("Buyer")
hereby offers to purchase the real property, hereinafter described, from the owner thereof ("Seller") (collectively, the "Parties" or individually, a "Party"), through an escrow ("Escrow") to close~ 30 days after the waiver or satisfaction of the Buyer's Contingencies, ("Expected Closing Date") to be held by Chicago Title (Sue Myer) ("Escrow Holder") whose address is 7330 N Palm Ave. Suite 101. Fresno. CA 93711
__________________ , Phone No. (559) 451-3700 , Facsimile No. (559) 431-8936 upon the terms and conditions set forth in this agreement ("Agreement"). Buyer shall have the right to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligations herein unless Seller expressly releases Buyer.

1.2 The term "Date of Agreement" as used herein shall be the date when by execution and delivery (as defined in paragraph 20.2) of this document or a subsequent counteroffer thereto, Buyer and Seller have reached agreement in writing whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both Parties.

2. Property.

2.1 The real property ("Property") that is the subject of this offer consists of (insert a brief physical description) Four ( 4) parcels of commercially zoned land totalling ±46.132 SF (±1.05 Acres) commonly known as A.P.N.s 205-236-013-000. 205-236-014-000. 205-236-020-000. 205-236-022-000. is located in the County of Tulare , is commonly known as (street address, City, state, zip) 122 / 100 E Honolulu. 190 / 116 S Elmwood Ave. Lindsay 93247 Lindsay CA 93247 and is legally described as: to be provided by title company (APN: _205-236-013-000, 205-236-014-000, 205-236-020-000, 205-236-022-000 £ .£ n me 1ega1 ae5cnpuon or me r-roper1y 15 noI comp1eie or 15 maccuraie, this Agreement shall not be invalid and the legal description shall be completed or corrected to meet the requirements of Chicago Title Company ("Title Company"), which shall issue the title policy hereinafter described.

2.3 The Property includes, at no additional cost to Buyer, the permanent improvements thereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property: =N~/=A~- -------------------------------------(collectively, the "Improvements").

2.4 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and all of which shall be removed by Seller prior to Closing.

3. Purchase Price.

3.1 The purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be: 00 $ 390. 000. 00 or D (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) $ _________ per unit.

The unit used to determine the Purchase Price shall be: D lot D acre D square foot D other _____________ _ prorating areas of less than a full unit. The number of units shall be based on a calculation of total area of the Property as certified to the Parties by a licensed surveyor in accordance with paragraph 9.1 (g). However, the following rights of way and other areas will be excluded from such calculation: ____________________________ . The Purchase Price shall be payable as follows:
(Strike if not applicable)
(a) Cash down payment, including the Deposit as defined in paragraph 4.3 (or if an all cash transaction, the Purchase Price): $ --~3=9~0~, o~o~o~. o~o~ ~19) iAil1HUII~ 11fil~l1111 le1111:11il 11111 lll11fi11111!1 ill IHlll!l'll(llli li.4 , ifllll). (a) R:,;scr sbaH talcs title to tho Rropod;r s::bjact ta and/or ass::ma tho kl'oJSriog existing daad(s) of PAGE 1 OF 11 GS: [kk"'

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© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Century 21 Jordan-Link & Company - Fresno, 7520 N Palm Fresno, CA 9371 I Phone: (559) 705-1000 Fax: Jared Ennis 122 / 100 E
Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zipLogix com Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91BO tn 1st (''Existing Peed{s) M Ir, est") sec, ,cic9 tbs evistio9 pcornissoqr nots,s) ("Existing Note{s)")· (i) ,a,,. i11i11liP'I!! ~111111 ("Fil'llt Hete") a ill! 111"1 1mp,11i!I p,PiP'leip,111 1!11!111"11111 1111 ef Ille eleeiP'I!! ef Said Fiest Note is pa11able at $
o:.foo u:.µaid bala:.oo is duo o:.
pee rnootb
Q( filar annWIIM wnlil filiii iani,ar Iha
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(jj) Ao Evistio9 Note ("Secord Note") ltritb ao 1topaid pcincipal balance as of tbs Closinc of annroxiroatelvSaid Second Note is ra,sable at $ per month in1lwiin9 inluul ii Iha Pill If Q( (IU annwM wnlil (I iii ~ani ,., Iha ectire 11cpaid balacce is d11e cc )
(d) a,,uer sba!I give Sense a deed of tn,st ("P11rcbase Honav Deed ct Insst") oa tbs pcopertu to of B,u,er to Sel'ec described in nacaarapb 6 ("P11ccbase Maner $

3.2 If Buyer is taking title to the Property subject to, or assuming, an Existing Deed of Trust and such deed of trust permits the beneficiary to demand payment of fees including, but not limited to, points, processing fees, and appraisal fees as a condition to the transfer of the Property, Buyer agrees to pay such fees up to a maximum of 1.5% of the unpaid principal balance of the applicable Existing Note.

4. Deposits.

4.1 D 81 •~rec bas delbseced to Broker a check io the s, ,co of $ ____________ , pa~1able to Escro>u Holder to be delbsered b)r Bmkec to Escmw Holdec witbio 2 m ~=-- business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, QI ~ within ~ 5 business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check in the sum of$ 10,000.00 . If said check is not received by Escrow Holder within said time period then Seller may elect to unilaterally terminate this transaction by giving written notice of such election to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check or funds shall, upon request by Buyer, be promptly returned to Buyer. 4 2 Additional deposits·
(a) \Ofitbin 5 bPsiness da~ss after the Pate of Agreement BP),'PC shall deposit ,uitb Escrmu Holder the additional SPSP of $ ____________ to be appiied to the e, ,ccbase Reise at the Closing (bl \OOtbin 5 b11siness daus after the continceocies disc,,ssed in paraoraob 91 (a) tbra,,oh (m) are approved or waived e,,ver sbal' .d ... e.pj,11ooi;is111it .. 1111tf11oit ... b .... F.s111c.c ... O11'0111'.H ... O111ldo11e .. c... tb .... e.a.dwi.d111it ... io1o1O ... a ... J.s,..,.,.,ro.,.,.O1o1tw$ .. _____________ to be app!ied to the e,,ccbase Price at the Closing. (c) If ac Additiocal Deposit is cot received h}f EscrrnO' Holder Hfithic the time period provided thee Se!ler rnair cotif}, e, 111er Escro>N Holder and Brokecs in ,uritiog that ,mises tbs Additional Deposit is receiued h)f Esccm01 Holder Mfitbin 2 hPsiness da11s follmeriog said notice tbs li&arc:n: &hill Ile iaa11Mci ICFIIMinalc&I :n:ilhcr 11 jrrf\hcr ncliac or in&lrrrlilian&. 4 3 Escr0Jt1 Holder shaH deposit the fiicds deposited Jtfith it h1r 8111sec p,,rs,,aat to paragraphs 4 1 aod 1 2 (collecti>rel11 the "Deposit") ic a State or EederaH11 chartered back ic ao ioterest beariog area, mt Mrhose tem is appropriate aod cocsistect >tfith the tirnicg req, ,irerneots of this t•ar&alilicr +be irlcrc&I lbmcficm &ball a&ornc lo Ibo bcrcfil ci i1111O•, :erbc bc•clly aolmc:erlc&lfiC& lbal lbc•c ma~r be pcraltic& c• irlcrc&I torteit, ,res if the applicable iostn ,rneot is redeemed prior to its specified mat, 1rit1r 8111rer's Federal Tax Identification bh ,rnher is ----------------------. ~Uil+lil iwah inlarnl IHFin9 HU uni Hnn,1111 111anai wnlil iw~•r<• Faia,al i:a11 li1nlifiHli1n D:!11rnbec is pca,dded
1 1 Noborithstanding tho foregoing, rorithin 5 da~m after Sscrotor Holder rcooi>ccs tho manics dcscribcd in paragraph 1 1 abo'fs 1 Sscrmor I laliu 1h1II ,., .... i4QQ If Hii 111111ni11 II i1llu H iAi fu iAil(IIAilnl 11n1iiuali111 fu i1llu'1' 111nuli1n 1fll!i1 09,1111111,nl iAi II!• 9,anlin9 of the contiogeos1r period to B11)rec as herein provided s,,ch iodspeodeot coosidecatioo is non refimdable to 8111,er b11t sbaH be credited to the 81,ccbase Price ic tbs evect that tbs p1,rcbase ottbe Propert11 is completed. 4 5 I lpoo Hf@iver of all of B1q1ec1s cootingeccies the Deposit shall become coc refi,odable b11t applicable to the 81,ccbase Price except ic the event of a Seller breach or in the event that the Escro'tt is tecrniaated p1 ,cs, ,ant to the provisiocs of Paragraph 9 1 (c) (Pesin ,ctioa Damage or bu11) u 0.4 (11) (P 4111,ui111I wh111n!!J11) .
i FiRilHiR!) CaRliR!)8Ra~ ~i)jij'ilil if Pili'I lil!i',il'ia11f;l'li'jl i 1 +hi& a#Qr i& ccnlinfjcnl llfilCn irr~rcr clllaininfj ,rcllM an in&rrranac ca11Mfi1in~1; financial in&lilrrlicn or alhcr lcn&lcr, a ac11M11Mil11Mcnl lo lcni to e, ,yes a s: ,rr sq: ,al ta at least SI at tho 811rchass Prisa, on tams acooptahlc ta R:,~rar Sosh loan ("t!cnr I oar") shaH be sem,red hr a first deed of tn,st or mortgage an tbs Rropert.)r !f this Agreement pra,cides for Se!ler ta casqr back jrrnior financing then Sel'er sbaH baue tbs right to appcmce tbs terms of tbs Nettt I can Safier shall batfe Z dC)fS £corr receipt of tbs corrrnitrneot setting forth tbs proposed terms of the NAHi I oao to approve or disapprove of s1,cb proposed terms If SeHer taHs to ootif}, Escco>tf Holder io >O'Citiog of the disapproval Hfitbio said 7 d?)(f it sbaU be conch ,ei>,el)r pres, ,med that Seifer bas appcn'fed the teems at the Neu, I can 5 2 It Buyer shall fail to o0titx its Broker, Escrow Holder apd seller, io wrjtjgg within days fgllowjgg the pate ot Aoceement that the New I oao bas ant been nhtaioed it shall be soosl11sixelx nces11med that R11ver bas either obtained said New I nan oc bas waived this New I nan continoencv
5 3 If e, 11rer shan ootif)r its Broker Escrrner Holder and SeHer io JtfEiticg "rithio the time specified io paragraph 5 2 hereof that e, 11sec has not obtained said Ne,u I oar, this Agreement sha!I be terminated; and e,,~sec shelf be entitled to the prompt cat,,rn of the Deposit, phis ?P)r interest earned tbeceon less onl)r Escra,er Holder and Iitie Compan),' canceHation fees aod costs urbicb 811)rer sbaU pa)r 5 Sallee Financing ,e, ,ccbase D4ooe11 Note) (Strike if oat @ppticab'a) i 1 If i'cllcr ifilfilrc::ca i11~1cr:a financiala !ace filirifirifilh i ij Iha 12:rrchaac Ucncr Mcie uhall filra::iic iar inlcrcul an rrnfilaii filrincifilil al tho rate of 06 par 20011m, roritb principal and interest paid as foflmrrs · PAGE 2 OF 11

INITIALS
r; 1=•kial
~ IAL~
© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Produced with zipFomi® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www ziploqix com 122 /100 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 TAi D11riAilli Uiniy Mili anil D11raAHi DlaH~1 i;;)uil af +·11al &Aill Iii an IAi a11rranl fiFFAll iiFAFAinl;i 11nil li;i 6nr2111 Holilm; aril lie j112i?F aril s, 1bocdicate ocl}< to the Existicg Mote(sl acd/or the Ne,,, I nae expressl}f caned tor h}f this Agreement. 6 2 Ibo R11ccbase D4onea, Note and/cc the R11ccbase D4oneas Deed of In,st sba!I cootain pca,cisions regarding the fo!ln'fring (see also pnagrapA 19 1 'li)j·
{a\ ereoavment Pciocioal max be cceoaid io whole or io oart at aox lime witha, ,t oeaaltx at the oo!ioo of the e, neer (h) I ate Cbacyc a late cbacge cf 6°4 shafl be payable ,eritb respect to an)r paarment of principal interest as athac charges oat made uritbin 1 A da)rs after it is di ,e
tr\ o,,e On Sate lo the event the e,n,ec sens or transfers litre to the Prooert}( or ao11 oortion thereat then the Seifer max at Sel'et's ipliin, Fil.II 1iri IAo onliri I inpiiil lialanio if oaiil ~lilo Ii Iii pniil in ft 111 ii If IA ii DlilFiiAiU UiiAiiS i;;)uil llf +Flillll ill Ill Iii 111111i11Filinilii Iii IIIAIIF finan11ing, 61111r11 I l11li111F iiAill1 ii i1,1~ IIF'II illpiiAU priipiFii anil record on SiaHar's hobo ff a seq: :act far noticc of data: :It and /or sale u1ith regard ta cash mortgage or deed of tr: :st to ,n:bich it u1i'f be s: :hcrdinatc 6 4 \OIORNING· COi IEAPNIA I AW DOES NOT Al I OW DEFICIENCY IIIPGEMENIS ON SCI I ER FINANCING IF BIIYEP. 1 lkilU OTlikM lilliFO I !!,,;ii Qtl ii Iii kQ • ti, iilikkliR'ii iiQkli RliU5lilM Iii iQ FQRli'.kQiili Qtl ii Iii PRQPliR.V. li.i G1llul1 1l!li1111li1n II !IFI iii liiPl11n1in11 ii 11nlin111nl w,i IA u1111;1 FHUn11l!l1 ll!l!IFI al If Y) 1;1 fin11n1i11I 11niili1n. Y) IP 11 pra,ride a c::rront financial ctatomart and copies of its Federal tax rot,:sns for tho last 3 ;mars to SeHer llrithin 10 da;m fo!lmlfiog the Dato of OgriiFAOAI iolliF Ai& 19 ili~IG fillo111ing Fi&iipl if GIIGA ilOGIIFAinlaliiA Ii Giliolil,1 il&ilf :rcilA FiQiFil Ii ill~liE'G finanoial GiAililiiA ril Ii Ailit,1 61111·11 I l11li111F Ill Ill AiilAIIF 115 Ail ilil~ IIF'II finan11ial nnilili11n ill HH1ililil11 If tlllliiF failll Iii Allli~ 61111·11 I l11lil11F1 in riling, llf IAII ilinppra ii llf IAii HAlingiAiy :r:ilAin Hill liFAi piFiiil1 ii IIAill Iii iiAil1111i::ily pSiillFAiil IAil ailliF Aili ippSilliil i'l~liFi fiAiAiiil iiAililiiA If ailliF ii Ail satisfied "fitb 8: 11cec's financial conditioo or it B: l}<AF tails to deliuec the ceq, :iced doc, ,rneotatioo thee Se!lec roaa, ootiQr Esera,,, Holder io ltffitiog that Se!ler Financing ,,,;n not he ?lfailablo1 and B::)scr shalt balfc tho option, tt'ithin 10 days of the recaipt of s::ch notica1 to either teminate this transaction or to pr :rcbaso tho Rropod)r tttitbo: :t Sa!lar financing If Br :res bile to notify Sscrmtt Halder :ntitbin said time period of its alaction ta tenrinate this transaction then Btr)sec sbaH be concf::siuel)s pces::med to baue elected to p::ccbase tbs Pcoped)s tesitbo::t Seller financinQ It Btr)sec olocts to terminate, R::vec:s Deposit sbaU be ref::nded less Title Compao)r and Escro:or Holder canceUation fees and costs: an of urbicb sbaU he Rtr)ser's obligation

7. Real Estate Brokers.
7 .1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, Confirms and consents to the following agency relationships in this transaction with the following real estate brokers ("Broker(s)") and/or their agents ("Agent(s)") Seller's Brokerage Firm -=C=2'-"l,___,C=o=mm==e=r=cC<i..,a=l=-------------------------------------- License No. 02032738 Is the broker of (check one): ~ the Seller; or D both the Buyer and Seller (dual agent).

Seller's Agent Jared Ennis & Kevin Land
License No. 01945284 & 01516541 Is (check one):~ the Seller's Agent (salesperson or broker associate); or D both the Buyer's Agent Agent and the Seller's Agent (dual agent).

Buyer's Brokerage Firm =C=2=l~C~o=mm==e=r~c=i=a=l~------------------------------------- License No. 01121565 Is the broker of (check one): ~ the Buyer; or D both the Buyer and Seller (dual agent).

Buyer's Agent Jared Ennis & Kevin Land
License No. 0222214 7 4 Is (check one):~ the Buyer's Agent (salesperson or broker associate); or D both the Buyer's Agent Agent and the Seller's Agent (dual agent).

The Parties acknowledge that other than the Brokers and Agents listed above, there are no other brokers and agents representing the Parties or due any fees and/or commissions under this Agreement. Buyer shall use the services of Buyer's Broker exclusively in connection with any and all negotiations and offers with respect to the Property for a period of 1 year from the date inserted for reference purposes at the top of page 1.

7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker, agent or finder in connection with the negotiation of this Agreement and/or the consummation of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, firm or entity, other than said Brokers and Agents is/are entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, agent, finder or other similar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party.

8. Escrow and Closing.

8.1 Upon acceptance hereof by Seller, this Agreement, including any counteroffers incorporated herein by the Parties, shall constitute not only the agreement of purchase and sale between Buyer and Seller, but also instructions to Escrow Holder for the consummation of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instructions restating or amending the Agreement unless specifically so instructed by the Parties or a Broker herein. Subject to the reasonable approval of the Parties, Escrow Holder may, however, include its standard general escrow provisions. In the event that there is any conflict between the provisions of the Agreement and the provisions of any additional escrow instructions the provisions of the Agreement shall prevail as to the Parties and the Escrow Holder.

8.2 As soon as practical after the receipt of this Agreement and any relevant counteroffers, Escrow Holder shall ascertain the Date of Agreement as defined in paragraphs 1.2 and 20.2 and advise the Parties and Brokers, in writing, of the date ascertained.

8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shall prevail.

PAGE 3 OF 11 G: [¥"

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoqix.com 122 / 100 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0

8.4 Subject to satisfaction of the contingencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documents required to be recorded, and by disbursing the funds and documents in accordance with this Agreement.

8.5 Buyer and Seller shall each pay one-half of the Escrow Holder's charges 11Ail aillir 1ih11II 11111y &hi 11011111 FliliiriliAS fiilio 11Ail IIA~r ceq, ,iced doc, Irnentaq1 tcaosfec taxes Seifer shall pa)r the pcernh ,rn foe a staodacd cnHeca9e oumeC:s cc joint pcotection pnlicir of title ins, ,canes (See also paragraph 11)

8.6 Escrow Holder shall verify that all of Buyer's contingencies have been satisfied or waived prior to Closing. The matters contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 9.5, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, matters of agreement between the Parties only and are not instructions to Escrow Holder.

8.7 If this transaction is terminated for non-satisfaction and non-waiver of a Buyer's Contingency, as defined in paragraph 9.2 or disapproval of any other matter subject to Buyer's approval, then neither of the Parties shall thereafter have any liability to the other under this Agreement, except to the extent of a breach of any affirmative covenant or warranty in this Agreement. In the event of such termination, Buyer shall, subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cancellation fees and costs, all of which shall be Buyer's obligation. If this transaction is terminated as a result of Seller's breach of this Agreement then Seller shall pay the Title Company and Escrow Holder cancellation fees and costs.

8.8 The Closing shall occur on the Expected Closing Date, or as soon thereafter as the Escrow is in condition for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instructions of the Parties, a Party not then in default under this Agreement may notify the other Party, Escrow Holder, and Brokers, in writing that, unless the Closing occurs within 5 business days following said notice, the Escrow shall be deemed terminated without further notice or instructions.

8.9 Except as otherwise provided herein, the termination of Escrow shall not relieve or release either Party from any obligation to pay Escrow Holder's fees and costs or constitute a waiver, release or discharge of any breach or default that has occurred in the performance of the obligations, agreements, covenants or warranties contained therein.

8.10 If this Escrow is termination for any reason other than Seller's breach or default, then as a condition to the return of Buyer's deposit, Buyer shall within 5 days after written request deliver to Seller, at no charge, copies of all surveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property.

9. Contingencies to Closing.

9.1 IF, BEFORE EXPIRATION OF THE APPLICABLE TIME, BUYER FAILS TO PROVIDE ESCROW HOLDER WRITTEN NOTICE

OF BUYER'S DISAPPROVAL OF ANY OF BUYER'S CONTINGENCIES OR ANY OTHER MATTER THAT IS SUBJECT TO BUYER'S

APPROVAL IN THIS AGREEMENT, THEN BUYER SHALL BE CONCLUSIVELY DEEMED TO HAVE SATISFIED SUCH BUYER'S CONTINGENCIES AND/OR APPROVED OF SUCH OTHER MATTERS. If a number of days is completed in any of the optional spaces in subparagraphs 9.1 (a) through (m), then such number shall apply and override the pre-printed number, even if the pre-printed number is not stricken. The Closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies:
(a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures required by law (See AIR CRE ("AIR") standard form entitled "Seller's Mandatory Disclosure Statement") and provide Buyer with a completed Property Information Sheet ("Property Information Sheet") concerning the Property, duly executed by or on behalf of Seller in the current form or equivalent to that published by the AIR within 10 or 1 o days following the Date of Agreement. Buyer has 10 days from the receipt of said disclosures to approve or disapprove the matters disclosed.
(b) Physical Inspection. Buyer has lJ2.,g,c,, 60 days following \ho ,1111i11\ 1f \h11 12Pl(III~ lnfuM1\i1n ih111\ u the Date of Agreement, whichever is later, to satisfy itself with regard to the physical aspects and size of the Property. (c) Hazardous Substance Conditions Report. Buyer has ~ __fill__ days following !be ceceio! at !be Pcooectx lotocroa!ioo Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the environmental aspects of the Property. Seller recommends that Buyer obtain a Hazardous Substance Conditions Report concerning the Property and relevant adjoining properties. Any such report shall be paid for by Buyer. A " Hazardous Substance" for purposes of this Agreement is defined as any substance whose nature and/or quantity of existence, use, manufacture, disposal or effect, render it subject to Federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare. A "Hazardous Substance Condition" for purposes of this Agreement is defined as the existence on, under or relevantly adjacent to the Property of a Hazardous Substance that would require remediation and/or removal under applicable Federal, state or local law.
(d) Soi/ Inspection. Buyer has~ 60 days following lhi Flililii(III if lhi 12Fli(lllifl~• IAfliFFAllliiA &Aili& or the Date of Agreement, whichever is later, to satisfy itself with regard to the condition of the soils on the Property. Seller recommends that Buyer obtain a soil test report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any soils report that Seller may have within 10 days of the Date of Agreement.
(e) Governmental Approvals. Buyer has~r __fill__ days following the Date of Agreement to satisfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdiction over the Property and which Buyer deems necessary or desirable in connection with its intended use of the Property, including, but not limited to, permits and approvals required with respect to zoning, planning, building and safety, fire, police, handicapped and Americans with Disabilities Act requirements, transportation and environmental matters.
(f) Conditions of Title. Escrow Holder shall cause a current commitment for title insurance ("Title Commitment") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Commitment ("Underlying Documents"), and a scaled and dimensioned plot showing the location of any easements to be delivered to Buyer within 1,,Q.ei;. ----1JL_ days following the Date of Agreement. Buyer has 10 days from the receipt of the Title Commitment, the Underlying Documents and the plot plan to satisfy itself with regard to the condition of title. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property after the Closing, shall not be considered a failure of this contingency, as Seller shall have the obligation, at Seller's expense, to satisfy and remove such disapproved monetary encumbrance at or before the Closing.

PAGE 4 OF 11

INITIALS
© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoqix.com 122 / I00 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 (g) Survey. Buyer has,lC..gr ___filL_ days following the receipt of the Title Commitment and Underlying Documents to satisfy itself with regard to any ALTA title supplement based upon a survey prepared to American Land Title Association ("ALTA") standards for an owner's policy by a licensed surveyor, showing the legal description and boundary lines of the Property, any easements of record, and any improvements, poles, structures and things located within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direction and expense. If Buyer has obtained a survey and approved the AL TA title supplement, Buyer may elect within the period allowed for Buyer's approval of a survey to have an ALTA extended coverage owner's form of title policy, in which event Buyer shall pay any additional premium attributable thereto.
(h) Existing Leases and Tenancy Statements. Seller shall within ~ ---1.Q__ days following the Date of Agreement provide both Buyer and Escrow Holder with legible copies of all leases, subleases or rental arrangements (collectively, "Existing Leases") affecting the Property, and with a tenancy statement ("Estoppel Certificate") in the latest form or equivalent to that published by the AIR, executed by Seller and/or each tenant and subtenant of the Property. Seller shall use its best efforts to have each tenant complete and execute an Estoppel Certificate. If any tenant fails or refuses to provide an Estoppel Certificate then Seller shall complete and execute an Estoppel Certificate for that tenancy. Buyer has 10 days from the receipt of said Existing Leases and Estoppel Certificates to satisfy itself with regard to the Existing Leases and any other tenancy issues.
(i) Owner's Association. Seller shall within 1..ll...l(. ---1.Q__ days following the Date of Agreement provide Buyer with a statement and transfer package from any owner's association servicing the Property. Such transfer package shall at a minimum include: copies of the association's bylaws, articles of incorporation, current budget and financial statement. Buyer has 10 days from the receipt of such documents to satisfy itself with regard to the association.
(j) Other Agreements. Seller shall within ~ ---1.Q__ days following the Date of Agreement provide Buyer with legible copies of all other agreements ("Other Agreements") known to Seller that will affect the Property after Closing. Buyer has 10 days from the receipt of said Other Agreements to satisfy itself with regard to such Agreements. (k) Financing. If paragraph 5 hereof dealing with a financing contingency has not been stricken, the satisfaction or waiver of such New Loan contingency.
(I) Existing Notes. If paragraph 3.1 (c) has not been stricken, Seller shall within ~ ---1.Q__ days following the Date of Agreement provide Buyer with legible copies of the Existing Notes, Existing Deeds of Trust and related agreements (collectively, "Loan Documents") to which the Property will remain subject after the Closing. Escrow Holder shall promptly request from the holders of the Existing Notes a beneficiary statement ("Beneficiary Statement") confirming: (1) the amount of the unpaid principal balance, the current interest rate, and the date to which interest is paid, and (2) the nature and amount of any impounds held by the beneficiary in connection with such loan. Buyer has J.ll..t¥ ---1.Q__ days following the receipt of the Loan Documents and Beneficiary Statements to satisfy itself with regard to such financing. Buyer's obligation to close is conditioned upon Buyer being able to purchase the Property without acceleration or change in the terms of any Existing Notes or charges to Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fee referred to in paragraph 3.2 hereof. Likewise if Seller is to carry back a Purchase Money Note then Seller shall within ~ ---1.Q__ days following the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 1ll.,g,r ---1.Q__ days from the receipt of such documents to satisfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has ~ ---1.Q__ days following the Date of Agreement to satisfy itself with regard to the title condition of such personal property. Seller recommends that Buyer obtain a UCC-1 report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any liens or encumbrances affecting such personal property that it is aware of within 1'9-eP ---1.Q__ days following the Date of Agreement. (n) Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing. (o) Material Change. Buyer shall have 10 days following receipt of written notice of a Material Change within which to satisfy itself with regard to such change. "Material Change" shall mean a substantial adverse change in the use, occupancy, tenants, title, or condition of the Property that occurs after the date of this offer and prior to the Closing. Unless otherwise notified in writing, Escrow Holder shall assume that no Material Change has occurred prior to the Closing.
(p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement. (q) Brokerage Fee. Payment at the Closing of such brokerage fee as is specified in this Agreement or later written instructions to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). It is agreed by the Parties and Escrow Holder that Brokers are a third party beneficiary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee specified in this Agreement, without the written consent of Brokers.

9.2 The contingencies specified in subparagraphs 9.1 (a) through (m) are for the benefit of, and may be waived by, Buyer, and are referred to collectively as "Buyer's Contingencies" and individually as a "Buyer's Contingency."

9.3 Buyer's timely and written disapproval or conditional approval of a Buyer's Contingency or any other matter that is subject to Buyer's approval in this Agreement shall constitute disapproval thereof ("Disapproved ltem(s)"). Concurrent with notice of a Disapproved Item, Buyer may make a request to Seller regarding such Disapproved Item ("Buyer's Request"). If Buyer fails to make a timely and written Buyer's Request, then this Agreement shall terminate due to the non-satisfaction and non-waiver of a contingency. Seller may respond to a Buyer's Request within 10 days following Seller's receipt thereof ("Seller's Response"). Seller's acceptance of a Buyer's Request shall amend this Agreement accordingly. If Seller fails to provide a timely and written Seller's Response, then Seller's Response shall be deemed to be a rejection of Buyer's Request. Buyer may, within 10 days following the earlier of Buyer's receipt of a Seller's Response (which is not an acceptance of Buyer's Request) or the date of Seller's deemed rejection of a Buyer's Request ("Buyer's Reply Period"), reply to a Seller's Response ("Bu er's .. DS lnotoal PAGE 5 OF 11

INITIALS TIA
© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoqix.com ] 22 / ] 00 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 Reply") and elect to (i) terminate this Agreement due to the non-satisfaction and non-waiver of the applicable contingency, (ii) accept the Seller's Response in which event this Agreement shall be amended accordingly, or (iii) withdraw Buyer's Request and waive the Disapproved Item in which event Buyer shall accept the Property subject to the Disapproved Item. If Buyer fails to provide a timely and written Buyer's Reply, then Buyer shall be deemed to have elected to terminate this Agreement as of the end of the Buyer's Reply Period. The date Buyer accepts a Seller's Response or withdraws a Buyer's Request and waives a Disapproved Item shall be the date of Buyer's approval of the Disapproved Item. A Party shall provide to Escrow Holder copy of all notices of a Disapproved Item, Buyer's Request, Seller's Response and Buyer's Reply and Escrow Holder shall promptly provide copies thereof to the other Party. Unless the Parties in writing agree otherwise, if the Expected Closing Date is a specific calendar date and a Buyer's Reply Period expires after such specific calendar date, then notwithstanding paragraph 1.1, the Expected Closing Date shall be extended to be 3 business days after the earlier of the date Buyer withdraws a Buyer's Request and waives the applicable Disapproved Item or Buyer accepts the applicable Seller's Response.

9.4 The Parties acknowledge that extensive local, state and Federal legislation establish broad liability upon owners and/or users of real property for the investigation and remediation of Hazardous Substances. The determination of the existence of a Hazardous Substance Condition and the evaluation of the impact of such a condition are highly technical and beyond the expertise of Brokers. The Parties acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardous Substances on the Property or adjoining properties, and Buyer and Seller are not relying upon any investigation by or statement of Brokers with respect thereto. The Parties hereby assume all responsibility for the impact of such Hazardous Substances upon their respective interests herein.

10. Documents Required at or Before Closing:

10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and provide copies thereof to each of the Parties.

10.2 Seller shall deliver to Escrow Holder in time for delivery to Buyer at the Closing:
(a) Grant or general warranty deed, duly executed and in recordable form, conveying fee title to the Property to Buyer. (b) If applicable, the Beneficiary Statements concerning Existing Note(s). (c) If applicable, the Existing Leases and Other Agreements together with duly executed assignments thereof by Seller and Buyer.

The assignment of Existing Leases shall be on the most recent Assignment and Assumption of Lessor's Interest in Lease form published by the AIR or its equivalent.
(d) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code Section 1445 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Internal Revenue Service such sum as is required by applicable Federal law with respect to purchases from foreign sellers. (e) If the Property is located in California, an affidavit executed by Seller to the effect that Seller is not a "nonresident" within the meaning of California Revenue and Tax Code Section 18662 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (f) If applicable, a bill of sale, duly executed, conveying title to any included personal property to Buyer. (g) If the Seller is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the sale of the Property.

10.3 Buyer shall deliver to Seller through Escrow:
(a) The cash portion of the Purchase Price and such additional sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P.M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the time set for the deposit of such monies Seller is in default or has indicated that it will not perform any of its obligations hereunder. Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of fire insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of notice of the status of payment of real property taxes during the life of the Purchase Money Note.

Buyer.
(c) The Assignment and Assumption of Lessor's Interest in Lease form specified in paragraph 10.2(c) above, duly executed by (d) Assumptions duly executed by Buyer of the obligations of Seller that accrue after Closing under any Other Agreements. (e) If applicable, a written assumption duly executed by Buyer of the loan documents with respect to Existing Notes. (f) If the Buyer is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the purchase of the Property.

10.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or AL TA extended, if elected pursuant to 9.1 (g)) owner's form policy of title insurance effective as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring title to the Property vested in Buyer, subject only to the exceptions approved by Buyer. In the event there is a Purchase Money Deed of Trust in this transaction, the policy of title insurance shall be a joint protection policy insuring both Buyer and Seller.

IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN

CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING. 11 . Prorations and Adjustments.
11 .1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The Parties agree to prorate as of the Closing any taxes assessed against the Property by

INITIALS
PAGE 6 OF 11 G ~NITlf]LS lktial
© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoqix.com 122 / 100 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 supplemental bill levied by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill.
11 .2 Insurance. WARNING: Any insurance which Seller may have maintained will terminate on the Closing. Buyer is advised to obtain appropriate insurance to cover the Property.
11 .3 Rentals, Interest and Expenses. Scheduled rentals, interest on Existing Notes, utilities, and operating expenses shall be prorated as of the date of Closing. The Parties agree to promptly adjust between themselves outside of Escrow any rents received after the Closing.

11.4 Security Deposit. Security Deposits held by Seller shall be given to Buyer as a credit to the cash required of Buyer at the Closing. 11 .5 Post Closing Matters. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined. 11 .6 Variations in Existing Note Balances. In the event that Buyer is purchasing the Property subject to an Existing Deed of Trust(s), and in the event that a Beneficiary Statement as to the applicable Existing Note(s) discloses that the unpaid principal balance of such Existing Note(s) at the closing will be more or less than the amount set forth in paragraph 3.1 (c) hereof ("Existing Note Variation"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such Existing Note Variation. If there is to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1 (a) shall be reduced or increased by the amount of such Existing Note Variation. 11 . 7 Variations in New Loan Balance. In the event Buyer is obtaining a New Loan and the amount ultimately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note, if any, shall be reduced by the amount of such excess. 11 .8 Owner's Association Fees. Escrow Holder shall: (i) bring Seller's account with the association current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the association from Buyer's funds.

12. Representations and Warranties of Seller and Disclaimers.

12.1 Seller's warranties and representations shall survive the Closing and delivery of the deed for a period of 3 years, and any lawsuit or action based upon them must be commenced within such time period. Seller's warranties and representations are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranties and representations to Buyer and Brokers:
(a) Authority of Seller. Seller is the owner of the Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligations hereunder. (b) Maintenance During Escrow and Equipment Condition At Closing. Except as otherwise provided in paragraph 9.1 (n) hereof, Seller shall maintain the Property until the Closing in its present condition, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in writing, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank.
(d) Compliance. Except as otherwise disclosed in writing, Seller has no knowledge of any aspect or condition of the Property which violates applicable laws, rules, regulations, codes or covenants, conditions or restrictions, or of improvements or alterations made to the Property without a permit where one was required, or of any unfulfilled order or directive of any applicable governmental agency or casualty insurance company requiring any investigation, remediation, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any Existing Lease or Other Agreement, or create any new leases or other agreements affecting the Property, without Buyer's written approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in writing to Buyer. (g) Mechanics' Liens. There are no unsatisfied mechanics' or materialmens' lien rights concerning the Property. (h) Actions, Suits or Proceedings. Seller has no knowledge of any actions, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would affect the Property or the right to occupy or utilize same. (i) Notice of Changes. Seller will promptly notify Buyer and Brokers in writing of any Material Change (see paragraph 9.1 (o)) affecting the Property that becomes known to Seller prior to the Closing.

G) No Tenant Bankruptcy Proceedings. Seller has no notice or knowledge that any tenant of the Property is the subject of a bankruptcy or insolvency proceeding.
(k) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. (I) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property included in the Purchase Price nor knowledge of any liens or encumbrances affecting such personal property, except as disclosed by this Agreement or otherwise in writing to Buyer.

12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its existing condition and will, by the time called for herein, make or have waived all inspections of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The Parties acknowledge that, except as otherwise stated in this Agreement, no representations, inducements, promises, agreements, assurances, oral or written, concerning the Property, or any aspect of the occupational safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upon by either Party hereto.

12.3 In the event that Buyer learns that a Seller representation or warranty might be untrue prior to the Closing, and Buyer elects to purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an action or proceeding against Seller or Brokers regarding said representation or warranty.

12.4 Any environmental reports, soils reports, surveys, feasibility studies, and other similar documents which were prepared by third party consultants and provided to Buyer by Seller or Seller's representatives, have been delivered as an accommodation to Buyer and without any representation or warranty as to the sufficiency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and investigate the Property.

PAGE 7 OF 11

INITIALS
© 2019 AIR CRE. All Rights Reserved.

IA~ tial
~~ OFAL-15.30, Revised 10-13-2022
Produced with zipForrn® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www ziplogix com 122/100 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0

13. Possession.

Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under Existing Leases.

14. Buyer's Entry.

At any time during the Escrow period, Buyer, and its agents and representatives, shall have the right at reasonable times and subject to rights of tenants, to enter upon the Property for the purpose of making inspections and tests specified in this Agreement. No destructive testing shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work, including the recompaction or removal of any disrupted soil or material as Seller may reasonably direct. All such inspections and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabilities, losses, expenses (including reasonable attorneys' fees), damages, including those for injury to person or property, arising out of or relating to any such work or materials or the acts or omissions of Buyer, its agents or employees in connection therewith.

15. Further Documents and Assurances.

The Parties shall each, diligently and in good faith, undertake all actions and procedures reasonably required to place the Escrow in condition for Closing as and when required by this Agreement. The Parties agree to provide all further information, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company.

16. Attorneys' Fees.

If any Party or Broker brings an action or proceeding (including arbitration) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees and costs. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred.

17. Prior Agreements/Amendments.

17.1 This Agreement supersedes any and all prior agreements between Seller and Buyer regarding the Property. 17 .2 Amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller.

18. Broker's Rights.

18.1 If this sale is not consummated due to the default of either the Buyer or Seller, the defaulting Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer is the defaulting party, payment of said Brokerage Fee is in addition to any obligation with respect to liquidated or other damages.

18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transaction.

19. Notices.

19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any notice, demand, request, approval, disapproval or other communication, each such communication shall be in writing and shall be delivered personally, by messenger or by mail, postage prepaid, to the address set forth in this Agreement or ._l' tacsirnile tcaosrnissior, electronic signature, digital signature, or email.

19.2 Service of any such communication shall be deemed made on the date of actual receipt if personally delivered, or transmitted by tacsirnile tcaosrnissioo electronic signature, digital signature, or email. Any such communication sent by regular mail shall be deemed given 48 hours after the same is mailed. Communications sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours after delivery of the same to the Postal Service or courier. If such communication is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

19.3 Any Party or Broker hereto may from time to time, by notice in writing, designate a different address to which, or a different person or additional persons to whom, all communications are thereafter to be made.

20. Duration of Offer.

20.1 If this offer is not accepted by Seller on or before 5:00 P.M. according to the time standard applicable to the city of ____________ .,,,L,.,,i"'n.,,d,,s<.,a,,_yl-L-. _CA=------------ on the date of March 7. 2025 it shall be deemed automatically revoked.

20.2 The acceptance of this offer, or of any subsequent counteroffer hereto, that creates an agreement between the Parties as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed writing unconditionally accepting the last outstanding offer or counteroffer.

21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if initialed by both Parties).

THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS

AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER OF ALL CONTINGENCIES PROVIDED FOR THE

BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF $10. 000. 00 . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, 0 aIc O ti¥ iiGlil:ITecrrn~tl j;iii O tlD n,i.i GOHP O al¥ GMO lil:Gii .... 0 Iola lili PO ID Iii¥ iilalaiR. ~ ~ Seller Initials

22. ARBITRATION OF DISPUTES. (This Arbitration of Disputes paragraph is applicable only if initialed by both Parties.)

22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETURN OF THE DEPOSIT SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY o ~JUI;" PAGE 8 OF 11 J;)

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Produced with zipForrn® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www ziplogix com 122/100 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 ARBITRATION & MEDIATION SERVICES, INC. ("JAMS") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES ("COMMERCIAL RULES"). ARBITRATION HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED. SUCH

CONTROVERSY SHALL BE ARBITRATED BY A SINGLE ARBITRATOR, APPOINTED UNDER THE COMMERCIAL RULES WHO HAS HAD AT LEAST 5 YEARS OF EXPERIENCE IN THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT. THE

ARBITRATOR SHALL HEAR AND DETERMINE SAID CONTROVERSY IN ACCORDANCE WITH APPLICABLE LAW OF THE JURISDICTION

WHERE THE PROPERTY IS LOCATED, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION HEARING. PRE-ARBITRATION DISCOVERY

SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL RENDER AN AWARD WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, WHICH MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER PARAGRAPH 16 HEREOF AND SHALL BE ACCOMPANIED BY A REASONED OPINION. THE FAILURE OR REFUSAL OF A PARTY TO PAY SUCH PARTY'S REQUIRED SHARE OF

THE DEPOSITS FOR ARBITRATOR COMPENSATION OR ADMINISTRATIVE CHARGES SHALL CONSTITUTE A WAIVER BY SUCH PARTY

TO PRESENT EVIDENCE OR CROSS-EXAMINE WITNESSES, BUT SUCH WAIVER SHALL NOT ALLOW FOR A DEFAULT JUDGMENT

AGAINST THE NON-PA YING PARTY IN THE ABSENCE OF EVIDENCE AND LEGAL ARGUMENT AS THE ARBITRATOR MAY REQUIRE FOR MAKING AN AWARD. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF A PARTY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT.

22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEEDINGS SHALL NOT BAR SUIT IN A COURT OF

COMPETENT JURISDICTION BY THE BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE

ARBITRATION RESULTS IN AN AWARD TO THE SELLER OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT AS A BAR AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE.

22.3 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY

CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT

TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND TH
IN THE "ARBITRATION OF DISPUTES" P

23. Miscellaneous.
~GOI 1~p AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED Ob!UTRAL ARBITRATION.

Seller Initials

23.1 Binding Effect. Buyer and Seller both acknowledge that they have carefully read and reviewed this Agreement and each term and provision contained herein. In addition, this Agreement shall be binding on the Parties without regard to whether or not paragraphs 21 and 22 are initialed by both of the Parties. Paragraphs 21 and 22 are each incorporated into this Agreement only if initialed by both Parties at the time that the Agreement is executed. Signatures to this Agreement accomplished by means of electronic signature or similar technology shall be legal and binding.

23.2 Applicable Law. This Agreement shall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property is located. Any litigation or arbitration between the Parties hereto concerning this Agreement shall be initiated in the county in which the Property is located.

23.3 Time of Essence. Time is of the essence of this Agreement.

23.4 Counterparts. This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Escrow Holder, after verifying that the counterparts are identical except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts, which shall then constitute the Agreement.

23.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT.

23.6 Conflict. Any conflict between the printed provisions of this Agreement and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. Seller and Buyer must initial any and all handwritten provisions.

23.7 1031 Exchange. Both Seller and Buyer agree to cooperate with each other in the event that either or both wish to participate in a 1031 exchange. Any party initiating an exchange shall bear all costs of such exchange. The cooperating Party shall not have any liability (special or otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange.

23.8 Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days.

24. Disclosures Regarding The Nature of a Real Estate Agency Relationship.

24.1 The Parties and Brokers agree that their relationship(s) shall be governed by the principles set forth in the applicable sections of the California Civil Code, as summarized in paragraph 24.2.

24.2 When entering into a discussion with a real estate agent regarding a real estate transaction, a Buyer or Seller should from the outset understand what type of agency relationship or representation it has with the agent or agents in the transaction. Buyer and Seller acknowledge being advised by the Brokers in this transaction, as follows:
(a) Seller's Agent. A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent has the following affirmative obligations: (1) To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any '°""''"''' '"'°""''•" oblai"ed from the othe, Party which does "ot ia,ol'"' the affi,mati'"' d,ties set forth abo,e. [l~ CF'"' PAGE9OF 11 t!-

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zjplogjx com 122 / 100 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 (b) Buyer's Agent. A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations. (1) To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (c) Agent Representing Both Seller and Buyer. A real estate agent, either acting directly or through one or more associate licenses, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. (1) In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: a. A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. b. Other duties to the Seller and the Buyer as stated above in their respective sections (a) or (b) of this paragraph 24.2. (2) In representing both Seller and Buyer, the agent may not, without the express permission of the respective Party, disclose to the other Party confidential information, including, but not limited to, facts relating to either Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including Seller's willingness to accept a price less than the listing price or Buyer's willingness to pay a price greater than the price offered. (3) The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all agreements to assure that they adequately express their understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal advice is desired, consult a competent professional. Buyer has the duty to exercise reasonably care to protect Buyer, including as to those facts about the Property which are known to Buyer or within Buyer's diligent attention and observation. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
(d) Further Disclosures. Throughout this transaction Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisting in the transaction. Buyer and Seller should each read its contents each time it is presented, considering the relationship between them and the real estate agent in this transaction and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document. Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties that may be of interest to this Buyer. Brokers have no responsibility with respect to any default or breach hereof by either Party. The Parties agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relating to this transaction may be brought against Broker more than one year after the Date of Agreement and that the liability (including court costs and attorneys' fees), of any Broker with respect to any breach of duty, error or omission relating to this Agreement shall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitation on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker.

24.3 Confidential Information: Buyer and Seller agree to identify to Brokers as "Confidential" any communication or information given Brokers that is considered by such Party to be confidential.

25. Construction of Agreement. In construing this Agreement, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

26. Additional Provisions:

Additional provisions of this offer, if any, are as follows or are attached hereto by an addendum or addenda consisting of paragraphs ____ _ through ______ . (If there are no additional provisions write "NONE".) ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:

1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT.

2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE

ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE.

WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED. - os - nitial PAGE 10 OF 11 l JS" I k.k.

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. OFAL-15.30, Revised 10-13-2022 Produced with zipFomi® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www ziploqix com 122 / 100 E Docusign Envelope ID: 1EF86154-E029-4F94-A3B7-2E16F6AB91B0 NOTE:

1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY.

2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORA TE OFFICERS.

The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated and acknowledges receipt of a copy hereof.

Date: ______________________ _

BROKER BUYER
C21 Commercial KriStar Development LLC
=~ia Limited Liability Company
Att: Jared Ennis & Kevin Land y:b-:i.s_ kvi~tt~.SS~IA,
Title: l!E~~~rts Kristjannson
3/14/2025
Address: 7520 N Palm Ave #102 Title: Managing Member
Fresno CA 93711 Phone: ______________________ _
Phone: (559) 302-8698 Fax: _____________________ _
Fax: ~~&[email protected]
Email: Jared@ / [email protected] lA, rL.~/1-, Federal ID No.: ~~~~I~IMI~---1-+-------------------- •
Broker DRE Lice_n_s_e_#_: 0-2-0-32_7_3_8____________ ,pfffl:tW:7~ Startz 3/14/2025
Agent DRE License#: 01945284 & 01516541 Title: Managing Member Phone: (818) 877-0377
Fax: _______________________ _
Email: j on@j onstartz. com
Address: _____________________ _
Federal ID No.: ___________________ _

27. Acceptance.

27.1 Seller accepts the foregoing offer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein specified.

27.2 In consideration of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to 6. 000 % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker 6. 000 % and Buyer's Broker _____ %. This Agreement shall serve as an irrevocable instruction to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing.

27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer.

NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT.

BROKER
C21 Commercial
Att:Jared Ennis & Kevin Land
Title: _____________________ _
Address: 7520 N Palm Ave #102
Fresno CA 93711
Phone: (559) 302-8698
Fax: _______________________ _
Email: Jared@ / [email protected]
Federal ID No.: __________________ _
Broker DRE License#: .,,_0=2.,,_0=3=2~7=3=8~----------- Agent's DRE License#: 01945284 & 01516541
Date: ______________________ _
SELLER
City of Lindsay
a California municipal corporation
By:--------------------
Name Printed: Daymon Qualls
Title: City Manager
Phone: (559) 562-7102 X8010
Fax: _______________________ _
Email: [email protected]. us
By:--------------------
Name Printed: ___________________ _
Title: _____________________ _
Phone: ______________________ _
Fax: _______________________ _
Email: ______________________ _
Address: 251 E Honolulu St
Lindsay, CA 93247
Federal ID No.: __________________ _
AIR CRE * https://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in writing. IA~tial ©

INITIALS
2019 AIR CRE. All Rights Reserved.

PAGE 11 OF 11
OFAL-15.30, Revised 10-13-2022
~
Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www ziploqix com 122 / 100 E

ADDENDUM
TO

AIR CRE STANDARD OFFER, AGREEMENT AND ESCROW

INSTRUCTIONS FOR PURCHASE OF REAL ESTATE
(VACANT LAND)

THIS ADDENDUM TO AIR CRE STANDARD OFFER, AGREEMENT AND

ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE (VACANT LAND) DATED FEBUARY 26, 2025 ( ADDENDUM de and entered into as of the 26th day of February, 2025 ADDENDUM Date by and between CITY OF LINDSAY, a California municipal corporation Seller , and KRISTAR DEVELOPMENT, LLC, a California limited liability company Buyer . Seller and Buyer are sometimes individually referred to herein as a Party Parties

R E C I T A L S
WHEREAS, Buyer and Seller are Parties to that certain AIR CRE Standard Offer, Agreement And Escrow Instructions For Purchase Of Real Estate with an effective date, otherwise known as the Date of Agreement, of _____________ ( Agreement . WHEREAS, Seller acknowledges that Buyer desires seek approval from the planning department of the City Of Lindsay of site plans
WHEREAS, Buyer shall hire an architect/engineer to draft an initial conceptual site plan within 7-days of the Date of Agreement.

WHEREAS, Buyer shall submit to Seller department the initial conceptual site plan within 30-days of the Date of Agreement.

WHEREAS, Buyer shall submit to Seller (i.) to-scale site plans and (ii.) all Due Diligence materials within 45-days of the Date of Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, the terms and conditions set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows:

1. Defined Terms. Unless otherwise defined herein, capitalized terms used in this ADDENDUM shall have the meanings ascribed to such terms in the Original Agreement. On and after the ADDENDUM Date Agreement shall be deemed as a reference to the Agreement as modified by the ADDENDUM.

2. First Due Diligence Extension. Upon completion and submission of the terms and conditions set forth above, should the Buyer require additional time for due diligence beyond the Initial Due Diligence Period to conduct its due diligence, then the Buyer shall have the right to extend the due diligence for a period of sixty (6
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to exercise the First Due Diligence Extension, the Buyer shall provide written notice to Seller, and shall deposit on or before the expiration of the Initial Due Diligence Period an additional deposit The First Due Diligence Extension Deposit shall be non-refundable to the Buyer and payable to the Seller in the event that escrow does not close (except in the event of Seller default in which case all deposits are refundable to the Buyer) but shall remain applicable to the purchase price at closing.

3. Second Due Diligence Extension. Should the Buyer require additional time for due diligence beyond the Initial Due Diligence Period and the First Due Diligence Extension to conduct its due diligence, then the Buyer shall have the right to extend the due diligence for another period of sixty (6
Due Diligence Extension, the Buyer shall provide written notice to Seller, and shall deposit on or before the expiration of the First Due Diligence Extension Period an additional deposit of ten Second Due Diligence Extension Deposit shall be non-refundable to the Buyer and payable to the Seller in the event that escrow does not close (except in the event of Seller default in which case all deposits are refundable to the Buyer) but shall remain applicable to the purchase price at closing.

4. Cumulative Non-Refundable Deposits. Upon full execution of this First Amendment the cumulative non-refundable Buyer deposits payable to the Seller if escrow fails to close (except in the case of Seller default) becomes Thirty Thousand dollars and no/100 ($30,000.00). All Buyer deposits shall be applied to the purchase price at closing.

5. Closing Costs. The Buyer shall pay the usual recording fees and any required documentary transfer taxes. Buyer shall pay the premium for a standard coverage owner's or joint protection policy of title insurance.

6. Close of Escrow. The close of escrow shall be no later than Friday, October 31, 2025.

7. Controlling Terms. In the event of a conflict between the terms set forth in this ADDENDUM and the Original Agreement, the terms of this ADDENDUM shall control.

8. Full Force and Effect. All of the other terms and conditions of the Agreement that are not specifically amended herein shall remain in full force and effect.

9. Counterparts and Electronic or Facsimile Signatures. This ADDENDUM may be executed in counterparts. Each counterpart taken together shall constitute one and the same agreement. It is agreed that an electronic or facsimile signature shall evidence and constitute valid execution of this ADDENDUM
receipt of evidence of full execution. At the request of either party, the Parties will confirm electronically transmitted signatures by signing an original document.

10. Ambiguity. All provisions of this ADDENDUM have been negotiated by both ADDENDUM. This
ADDENDUM shall not be construed for or against either party by reason of the authorship or alleged authorship of any provision hereof.

11. Authority. Seller and Buyer warrant to each other that each of the Parties is fully authorized to enter into this ADDENDUM in the capacity indicated by its signature.

Docusign Envelope ID: 1EF86154-E029-4F94-A387-2E16F6AB91B0 of ten thousand dollars and no/100 ($10,000.00), (the "First Due Diligence Extension Deposit"). 0) days, ("Second Due Diligence Extension"). In order to exercise the Second thousand dollars and no/100 ($10,000.00), (the "Second Due Diligence Extension Deposit"). The and shall be binding on the signing party upon the signing party's Parties at ann's length and neither Party shall be deemed the scrivener of this ~s l,l;itial
L::_~

12. Incorporation of Recitals. The Recitals portion of this ADDENDUM set forth above are hereby acknowledged and agreed to.

13. Survival. The provisions of this ADDENDUM shall survive the Close of Escrow and delivery and recordation of the Grant Deed.

IN WITNESS WHEREOF, the Parties hereto have executed this ADDENDUM as of the date and year hereinabove written.

SELLER CITY OF LINDSAY, a California municipal corporation By: _____________________________________
Daymon Qualls
Date:____________________________________
BUYER KRISTAR DEVELOPMENT, LLC, a California limited
liability company
By: _______________________________
Kris Kristjannson
Date:______________________________
Docusign Envelope ID: 1EF86154-E029-4F94-A387-2E16F6AB91B0 " "
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3/14/2025
~ DocuSigned by:
~ ~5I~:1D Jon Startz
3/14/2025
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STAFF REPORT
TO: Lindsay City Council
MEETING DATE: March 25, 2025
DEPARTMENT: City Services
FROM: Ryan Heinks, Acting Director of City Services and Planning AGENDA TITLE: First Reading of Ordinance 615 approving a Development Agreement between the City of Lindsay and Quest Equity LLC on behalf of Daley Enterprises for the Tentative Subdivision Map No 24-01, known as Hidden Oaks Subdivision.

ACTION & RECOMMENDATION
First Reading of Ordinance 615, an Ordinance of the City Council of the City of Lindsay approving a Development Agreement between the City of Lindsay and Quest Equity LLC on behalf of Daley Enterprises (collectively “Developer”) & Tentative Subdivision Map No. 24-01, known as Hidden Oaks Subdivision.

BACKGROUND | ANALYSIS
This staff report provides a recommendation for the approval of a Development Agreement for the Hidden Oaks Subdivision, a 50-lot single-family residential subdivision proposed by Quest Equity LLC on behalf of Daley Enterprises.

Development agreements are essential tools that establish a structured process between the City and developers to ensure projects align with community needs, regulations, and long-term planning goals. The Hidden Oaks Subdivision has been under review and is consistent with the City’s Comprehensive Plan and zoning regulations.

The proposed project will support the City's housing development objectives by increasing the availability of single-family homes, addressing growing residential demands, and integrating modern infrastructure improvements. The Developer has committed to meeting all city, state, and federal requirements, including zoning, environmental, and building codes.

As part of the Development Agreement, the Developer will be responsible for infrastructure improvements and community benefits, ensuring that the project contributes positively to Lindsay’s long-term growth.

FISCAL IMPACT
The developer is responsible for paying a Development Agreement Fee of $8,338.00.

ATTACHMENTS:

1. Development Agreement

2. Ordnance 615
Item #: 12.1
Public Hearing
Hidden Oaks | PAGE 1 OF 19

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
(Space Above This Line Reserved For Recorder's Use)

DEVELOPMENTAGREEMENT
NO. 25-01 BY AND BETWEEN

CITY OF LINDSAY
AND

DALEY ENTERPRISES INC
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of , 2025 by and between Daley Enterprises Inc. , (“Developer”), and the City of Lindsay, (“City”), pursuant to California Government Code § 65864, et seq. There are no other parties to this Agreement

RECITALS
A. Statutory Authority. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California has enacted California Government Code§ 65864, et seq. (the “Development Agreement Statute”), which authorizes the City to enter into an agreement with any persons and entities having a legal or equitable interest in real property regarding the development of such property, to provide for the development of such property and establish certain development rights therein.

B. Pursuant to the Development Agreement Statute, the City Council has adopted rules and regulations for considering and processing development agreements that are set forth in City Resolution 23-18. This Agreement has been processed, considered and executed in accordance with the procedures and requirements as set forth in the Development Agreement Statute and City Resolution 23-18.

C. Developer represents that, as of the recordation of this Agreement, it will have the legal or equitable interest to land consisting of approximately 8 97/100 (8.97) gross acres, as shown on the attached map attached hereto as Exhibit A, and legally described in Exhibit B (the “Property”).

D. In addition to this Agreement and consolidated conditions of approval attached and incorporated hereto as Exhibit C (“Conditions of Approval”) the Property is subject to subject to the following land use plans and entitlements (“Project Approvals”)
Hidden Oaks | PAGE 2 OF 19

1. On September 10, 2024 the City Council adopted Resolution No. 24-01, approving Tentative Subdivision Map Hidden Oaks and Planned Unit Development No. 2024-01 and related conditions of approval, which set forth the infrastructure obligation and conditions related to the development and build out of 50 residential lots on 8.97 acres.

2. On September 10, 2024, the City Council adopted Resolution No. 24-34, approved an Initial Study/Mitigated Negative Declaration in connection with the approval of the Tentative Subdivision Map Hidden Oaks and Planned Unit Development No. 24-01.

E. Developer proposes to develop the Property into fifty (50) residential lots and related public improvements, including streets, sidewalks, street lights and utilities, see Exhibit A and B. The final subdivision map will provide dedications for all public improvements in conformance with the provisions of this Agreement, Conditions of Approval, Project Approvals, and Subsequent approvals (defined below).

F. Subject to the approval of this Agreement, City and Developer understand that additional land use approvals, entitlement and permits may be necessary to implement the Project. The Subsequent Approvals will include, but may not be limited to, a Subdivision Improvement Agreement and a Reimbursement Agreement.

G. In addition to the improvements required to facilitate the Project, Developer also agrees to contribute to the costs of the City Water Facilities in accordance with the terms of this Agreement.

H. The City finds that the development of the Project in accordance with this Agreement, the Project Approvals, and Subsequent Approvals will provide for orderly growth within the City consistent with the goals, policies and provision of the General Plan.

I. In exchange for these benefits to the City, together with the public benefits that will result from the development of the Project pursuant to the Conditions of Approval, Project Approvals and Subsequent Approvals, Developer seeks assurance that it may procced with the Development of the Project in accordance with the terms and conditions of this Agreement.

J. Vesting of rights in exchange for the benefits to City described in the preceding Recitals, together with the other public benefits that will result from the development of the Project, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with all applicable laws, and may in the future apply for and obtain subsequent approvals consistent with this Agreement, and therefore desires to enter into this Agreement. The Project is vested with the right to develop the Property consistently with the General Plan and Zoning Code at the time of Project Approval. Per Section 6.B. of the City Resolution 23-18, regulations governing permitted uses of land, density, design, improvement and construction standards and specifications applicable to development of the Property are the regulations in force at the time of the execution of this Agreement. This Agreement shall not, however, prevent the City from applying new rules, regulations, and policies which do not conflict with the terms of this Agreement, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, or policies. Also, in accordance with Section 6.C. of City Resolution 23-18, if changes in federal or state laws or regulations, which are enacted after execution of this Agreement, prevent or preclude compliance with one (1) or more provisions of this Agreement, such provisions shall be modified or suspended as necessary to comply with such federal or state laws or regulations.

K. Consistency with General Plan and Zoning Code. The City after conducting all duly noticed public hearings, has found that this Agreement is consistent with the General Plan and Zoning Code.

Hidden Oaks | PAGE 3 OF 19

AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEFINITIONS
Section 1.01. “Agreement” means this Development Agreement entered into by and between the City and Developer related to the development know as Hidden Oaks Tentative Subdivision.

Section 1.02 “City” shall mean the City of Lindsay, a California municipal corporation.

Section 1.03 “City Council” shall mean the City Council of the City of Lindsay.

Section 1.04 “City Code” shall mean the Lindsay Municipal Code.

Section 1.05. “City Manager” shall mean the City Manager of the City of Lindsay.

Section 1.06. “Conditions of Approval” shall mean the consolidated conditions of approval for the Project, attached and incorporated hereto as Exhibit __ in connection with Resolution No. 24.34.

Section 1.07. “Project Approvals” shall mean the Tentative Subdivision Map approval, the Planned Unit Development approval, and the Final Map Approval.

Section 1.08. “Subsequent Approvals” shall mean all future entitlements sought by Developer, or their successors/transferees in interest that are required for the Project’s development.

Section 1.09. Other Miscellaneous Terms. For the purposes of this Agreement, the singular shall include the plural; the masculine gender shall include the feminine; “shall” or “will” are mandatory; “may” is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several.

ARTICLE 2. EFFECTIVE DATE
Section 2.01. Effective Date. This Agreement shall become effective as of __________, 2025 (“Effective Date”) and shall expire on ___________, 2035.

ARTICLE 3. OBLIGATIONS OF DEVELOPER
Section 3.01. Obligations of Developer Generally. In consideration of the City entering into this Agreement, Developer agrees that it will comply with this Agreement and with all Project Approvals and Subsequent Approvals related to the Project. An express condition to City’s issuance of any permits to or for the benefit of the Project shall be the construction of those public infrastructure improvements that are required through this Agreement, Conditions of Approval, Project Approvals, or Subsequent Approvals. The parties acknowledge and agree that City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long-term covenants and obligations, as set forth herein.

Section 3.02. Water Facility Payment. Developer shall pay to City one thousand five hundred dollars ($1,500) per lot, payable at the time of the Final Map recordation for each phase to be based on the number of lots contained in the Final Map for such phase. Payment for all lots within a phase will be due in full at the time of Final Map.

Hidden Oaks | PAGE 4 OF 19
Section 3.03 Impact Fees. Developer agrees to pay development fees for Water Acreage, Sewer Acreage, Storm Drain Acreage, and Parkland, as shown in the attached fee schedule Exhibit D at the time of Final Map recordation, based on the number of lots or acreage contained in the Final Map.

Section 3.04. Indemnification.

A. Indemnity.
(1) Except to the extent caused by the intentional misconduct or negligent acts, errors or omissions of City or one or more of City’s officials, employees, agents, attorneys, or contractors (collectively “City Affiliated Parties”) Developer shall indemnify, defend, and hold harmless City and its elected or appointed officials, officers, employees, agents, representatives, and independent contractors (collectively “Indemnified Parties”) from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which the Indemnified Parties, or any of them, may sustain or incur as a consequence of or in any way related to Developer’s negligence, recklessness, or willful misconduct or its failure to perform or comply with any of its obligations or responsibilities contained in this Agreement, including, without limitation, the design and construction of infrastructure improvements required pursuant to this Agreement, Conditional of Approval, the Project Approvals, or Subsequent Approvals.
(2) Developer’s obligation to indemnify, defend, and hold harmless shall survive expiration or termination of this Agreement.
(3) Nothing in this section shall be construed to mean that Developer shall defend, indemnify, release or hold harmless the Indemnified Parties from any claims of personal injury, death or property damage arising from, or alleged to arise from: (i) maintenance or repair by Indemnified Parties of the infrastructure improvements for which City is responsible; or (ii) the Indemnified Parties’ negligence or willful misconduct.
(4) Following the execution of an Assignment and Assumption Agreement in connection with a transfer concerning less than the entire Property, owners of the resulting portions of the Property shall be severally, but not jointly, liable for Developer’s obligations under this section only to the extent that such obligations relate to their respective portions of the Property.

B. Attack of Proceedings. To the fullest extent permitted by law, Developer shall defend, indemnify, and hold harmless the Indemnified Parties, and each of them, from any claim, action, or proceeding against the Indemnified Parties, or any of them, to attack, set aside, void, or annul an approval of City of this Agreement, Project Approvals, Subsequent Approvals, or any other approval required for development of the Project.

C. Effect of Insurance. Developer's obligation to defend, indemnify and hold the Indemnified Parties, and each of them, harmless under the provisions of this section is not limited to or restricted by any requirement in this Agreement for Developer to procure and maintain insurance coverage.

D. Defense of Claim. If any such claim, action, or proceeding is brought against the Indemnified Parties, or any of them, Developer shall, at City’s election, defend City at Developer’s sole expense by counsel satisfactory to City or, upon demand, pay any and all of City’s legal fees should City elect to utilize its own legal counsel.

Hidden Oaks | PAGE 5 OF 19
E. Notice of Claim. City shall promptly notify Developer of any claim, action, or proceeding against the Indemnified Parties, or any of them, relating to the performance, or omission to perform, any term or condition of this Agreement. The Indemnified Parties shall cooperate fully in the defense of such claim, action, or proceeding.

ARTICLE 4. OBLIGATIONS OF CITY
Section 4.01. Obligations of the City Generally. For consideration of Developer entering into this Agreement, City agrees that it will comply with the terms and conditions of this Agreement. The parties acknowledge and agree that Developer’s agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer’s decision to process the siting of the Project in the City, is a material consideration for the City’s agreement to perform and abide by the long term covenants and obligations of the City, as set forth herein.

Section 4.02 Water Availability.

The City anticipates that, based on planned water system improvements, it will have sufficient water supply to serve the Project. Accordingly, upon execution of the Development Agreement, the City agrees to issue a Water Will Serve letter for the entirety of the subdivision, subject to the continued availability of water resources and compliance with all applicable regulations. However, if significant unforeseen circumstances arise that materially impact the City’s water supply or infrastructure, including but not limited to regulatory changes, drought conditions, or system failures, the City reserves the right to take necessary action, including the imposition of an emergency moratorium on new development, as permitted under California state law. The City will make reasonable efforts to mitigate such circumstances and provide timely updates to the Developer should any potential impacts arise.

Section 4.03. Protection of Vested Rights. To the maximum extent permitted by law, City observe the vested rights provided by this Agreement to Developer over the term of this Agreement.

ARTICLE 5. COOPERATION - IMPLEMENTATION
Section 5.01. Processing Application for Subsequent Approvals. By entering into this Agreement, City has made a final policy decision that the Project and the contributions to public improvements is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its discretionary authority in considering any application for a Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project; provided however, City shall not be prevented from adhering to the provisions of Section 6.B. and 6.C. of City Resolution 23-

18. ARTICLE 6. AMENDMENT
Section 6.01. Amendment of This Agreement. This Agreement may be amended from time to time by mutual written consent of the parties hereto or their successors in interest in accordance with Government Code Sections 65865.1, 65867, 65867.5 and 65868.

ARTICLE 7. ASSIGNMENT, TRANSFER AND NOTICE
Section 7.01.

A. Developer shall have the right under this Agreement to assign its rights, interests, and obligations hereunder, and they may be transferred, sold, or assigned in conjunction with the transfer, sale, or assignment of all or a portion of the Property at any time during the term of this Agreement. However, no Hidden Oaks | PAGE 6 OF 19
transfer, sale, or assignment of all or any portion of the rights, interests or obligations hereunder shall occur without the prior written notice to City and approval by the City Council, which approval shall not be unreasonably withheld or delayed. The City Council shall consider and decide the matter after written notice is provided to the City Manager by Developer, and receipt by the City Council of all necessary documents, certifications, and any other information reasonably required by the City Council to decide the matter.

Approval by the City Council shall be for the purposes of: (i) providing written notice to City; (ii) assuring that all obligations of Developer are allocated as between Developer and the proposed purchaser, transferee, or assignee if any obligations are being retained by Developer; (iii) assuring City that the proposed purchaser, transferee, or assignee is capable of satisfactorily performing the obligations hereunder; and (iv) assuring City that if only a portion of the rights, interests, and obligations hereunder are being transferred, sold, or assigned, said transfer, sale, or assignment will not interfere with the orderly development of the Project as established herein.

B. If Developer seeks to transfer, sell, or assign all or a portion of the rights, interests, and obligations of Developer hereunder, Developer’s assignee shall execute a document (“Assignment and Assumption Agreement”) reasonably satisfactory to City through which Developer and assignee acknowledge allocation of responsibilities hereunder. Upon the City Council’s approval of an Assignment and Assumption Agreement, Developer shall, except as otherwise provided herein and/or except for obligations expressly retained by Developer, be released from its obligations under this Agreement with respect to the portion of the Property being transferred, sold, or assigned. Developer will remain responsible under this Agreement to the extent that Developer’s responsibilities are not assigned to and assumed by an assignee or successor-in-interest of Developer.

C. The conditions and covenants set forth in this Agreement and incorporated herein shall run with the land, and the benefits and burdens shall, except as otherwise provided herein, bind and inure to the benefit of all successors-in-interest to the parties in accordance with the provisions of Section 65868.5 of the California Government Code. Each and every purchaser, assignee, or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary hereof and a party hereto, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all duties and obligations of Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned, or transferred to it.

ARTICLE 8. DEFAULT; REMEDIES; TERMINATION
Section 8.01. Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (unless such period is extended by mutual written consent), shall constitute a default (“Default”) under this Agreement. Any notice given pursuant to the preceding sentence (“Default Notice”) shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. A party will not, however, be deemed in Default, if the nature of the failure to perform is non-monetary in nature and is such that it cannot reasonably be cured within such thirty (30) day period, and the non-performing party commences to cure the breach within such time period and diligently pursues such efforts through completion. Upon the occurrence of a Default under this Agreement, the nondefaulting party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a Default, terminate this Agreement. If the breach is cured, then no Default shall exist and the noticing party shall take no further action.

Section 8.02. Force Majeure and Excusable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in Default where delays in Hidden Oaks | PAGE 7 OF 19
performance or failures to perform non-monetary obligations are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations), enactment of conflicting state or federal laws or regulations, judicial decisions, or similar basis for excusable performance which is not within the reasonable control of the party to be excused (collectively “Force Majeure”). Litigation attacking the validity of this Agreement, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Project pursuant to this Agreement, shall also be deemed to create an excusable delay as to Developer (collectively “Excusable Delay”). In the event of Force Majeure or Excusable Delay, the parties shall memorialize in writing the extension of time for the performance of any obligation whose performance has been so prevented or delayed. The term of any such extension shall be equal to the period of the Excusable Delay or Force Majeure or such other period as may be mutually agreed upon by both parties.

ARTICLE 9. NO AGENCY, JOINT VENTURE OR PARTNERSHIP
It is specifically understood and agreed to by and between the parties hereto that: (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement and any the Project Approvals and applicable law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer.

ARTICLE 10. MISCELLANEOUS
Section 10.01. Enforceability. City and Developer agree that, unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall, except as otherwise provided herein, be enforceable by any party hereto, notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by California Government Code Section 65866.

Section 10.02. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party.

Section 10.03. Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals and Subsequent Approvals and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

Hidden Oaks | PAGE 8 OF 19
Section 10.04. Construction. The Parties have been represented by counsel throughout the negotiation of the Project and creation of this agreement. Counsel for both Parties have contributed to this Agreement and approved it in its final form. Therefore both sides can be considered the drafting party, and neither party is subject to the presumption that ambiguities shall be construed against the drafting party in the interpretation or enforcement of this Agreement.

Section 10.05. Periodic Review of Compliance with Agreement. As required by Government Code Section 65865.1, the City shall conduct reviews at least once per year, as well as whenever the City deems that such a review is necessary to ensure that the Project and Developer remain in good faith compliance with this Agreement. This Agreement may be modified or cancelled if the City deems that Developer or the Project have not complied in good faith with any terms or conditions of this Agreement.

Section 10.06. Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S.

Mail) by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party's facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

City of Lindsay
251 E. Honolulu Street
Lindsay, CA 93247
Attention: Kuyler Crocker, City Manager
Daley Enterprises Inc.
1356 E. Tulare
Tulare CA 93274
Section 10.07. Entire Agreement, Counterparts and Exhibits. This Agreement is executed in duplicate, each of which is deemed to be an original. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.

Section 10.08. Waiver. Any waivers of the provisions of this Agreement or any breach of covenants or Hidden Oaks | PAGE 9 OF 19
conditions contained in this Agreement shall be effective only if in writing and signed by the appropriate authorities of City and Developer. A waiver of one (1) provision or breach shall not be considered as a continuing waiver, shall not constitute a waiver of any other conditions or covenants and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant.

Section 10.09. Recordation of Development Agreement. Pursuant to California Government Code § 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of Tulare County.

Section 10.10. No Third-Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City and Developer any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Section 10.11. Titles of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of this Agreement's provisions.

Section 10.12. Discretion of City. Except for the obligations under this Agreement, City's execution of this Agreement in no way limits the discretion of City in the permit or approval process in connection with any site plan approvals, subsequent entitlements, land use decisions, construction or improvements which are within City's jurisdiction.

Section 10.13. Representations of Authority. Each person signing this Agreement on behalf of a non-person entity hereby represents and warrants to the other party they have authorization to sign this Agreement and bind the entity on whose behalf they are signing the Agreement.

Section 10.14. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any action shall be in Tulare County, California.

Section 10.15. Attorneys’ Fees. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, but not limited to, taxable costs and reasonable attorneys’ fees. Seller and Buyer agree that any such action shall be venued in Tulare County, California or in the Federal District Court in Fresno, California.

Section 10.16. Conflict with Other Documents. Nothing in this Agreement is intended to supersede, terminate, modify or otherwise affect any provision of the Project Approvals or Subsequent Approvals. In the event of a conflict between this Agreement and the Project Approvals or Subsequent Approvals, the Project Approvals and Subsequent Approvals shall govern. The execution of this Agreement by the parties hereto shall in no way otherwise affect the validity of any or all of the provisions of the Project Approvals or Subsequent Approvals.

Hidden Oaks | PAGE 10 OF 19
IN WITNESS WHEREOF, the City of Lindsay, a municipal corporation, has authorized the execution of this Development Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Ordinance No. ___ adopted by the City Council of the City of Lindsay on __________, , 2025, and executed in duplicate.

CITY OF LINDSAY
By: By: _____________________________
City Manager
Date: Name: ___________________________
Title: ___________________________
Date: ___________________________
ATTEST:

By:

City Clerk (SEAL)
Approved as to Form:

By:

City Counsel
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.

Hidden Oaks | PAGE 11 OF 19

STATE OF CALIFORNIA )
) SS

COUNTY OF TULARE )
On ______________, 2025, before me, _________________________________, 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 authorized capacity, and that by his/her signature on the instrument the persons, 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
Hidden Oaks | PAGE 12 OF 19

STATE OF CALIFORNIA )
) SS

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
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.

Hidden Oaks | PAGE 13 OF 19

STATE OF CALIFORNIA )
) SS

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)
________________________________

Hidden Oaks | PAGE 14 OF 19
EXHIBIT "A"

TENTATIVE SUBDIVISION HIDDEN OAKS
Hidden Oaks | PAGE 15 OF 19
Exhibit B
Real property in the City of Lindsay, County of Tulare, State of California, described as follows:

PARCEL NO. 1 OF PARCEL MAP NO. 3128, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 32, PAGE 29 OF PARCEL MAPS, TULARE COUNTY RECORDS.

APN: 199-050-055-000
Hidden Oaks | PAGE 16 OF 19
Exhibit C

CONDITIONS OF APPROVAL
Hidden Oaks | PAGE 17 OF 19
Exhibit D

CITY IMPACT FEES
Hidden Oaks | PAGE 18 OF 19
ORDINANCE NO. 615

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY APPROVING A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LINDSAY AND QUEST EQUITY LLC ON BEHALF OF DALEY ENTERPRISES (COLLECTIVELY “DEVELOPER”), TENTATIVE SUBDIVISION MAP NO. 24-01, KNOWN AS HIDDEN OAKS SUBDIVISION.

The City Council of the City of Lindsay does ordain as follows:

Section 1:

That certain Development Agreement (the "Hidden Oaks Development Agreement") by and between the City of Lindsay and Quest Equity LLC on behalf of Daley Enterprises, pertaining to that certain residential housing development ("Hidden Oaks Subdivision") located within the City of Lindsay, which property is more particularly described in said Hidden Oaks Development Agreement, is attached hereto as Attachment "1" and is hereby incorporated by reference.

Section 2:

The City Council of the City of Lindsay certified an Initial Study Environmental Review for the Hidden Oaks Subdivision, made related findings pursuant to the provisions of the California Environmental Quality Act ("CEQA''), and determined that the project is consistent with all environmental regulations and city planning requirements.

Section 3:

The City Council hereby finds that the Hidden Oaks Development Agreement is consistent with the Lindsay General Plan and the Planned Unit Development No. 25-01 & Tentative Subdivision Map No. 24-01, and that the City Council, after a public hearing on March 25th, 2025, determined that the Hidden Oaks Development Agreement:

1. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;

2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3. Is in conformity with the public convenience, general welfare, and good land use practices;

4. Will not be detrimental to the public health, safety, and general welfare;

5. Will not adversely affect the orderly development of property or the preservation of property values;

6. Will provide sufficient benefit to the City to justify entering into the development agreement; and

7. That the Hidden Oaks Development Agreement ensures compliance with all applicable environmental regulations.

Section 4:

The Mayor and the City Clerk are authorized and directed to execute the Hidden Oaks Development Agreement on behalf of the City of Lindsay after the effective date of this ordinance. Pursuant to Government Code Section 65868.5, the Clerk of the City Council shall record a copy of the Hidden Oaks Development Agreement with the Office of the County Recorder no later than ten (10) days after this ordinance takes effect.

Section 5: EFFECTIVE DATE
The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof.

Prior to the expiration of fifteen (15) days from the enactment hereof, a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code Section 36933(c)(1), and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the ____ day of __________________ 2025.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the ____ day of __________________, 2025.

CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Misty Villarreal, Mayor
ATTEST:
____________________________________
Maegan Peton, City Clerk

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: March 25, 2025
DEPARTMENT: City Services
FROM: Kira Stowell, Contract City Planner
AGENDA TITLE: Zoning Ordinance Update No. 25-01

ACTION & RECOMMENDATION
Approve a resolution of the City Council of the City of Lindsay adopting an Initial Study/Mitigated Negative Declaration (IS/MND) for Zoning Ordinance Update No. 25-01, and approving Zoning Ordinance Update No. 25-01, an update the Lindsay Zoning Ordinance (Title 18 of the Lindsay Municipal Code) and Lindsay Subdivision Ordinance (Title 17 of the Lindsay Municipal Code); and introduce the first reading of an Ordinance of the City of Lindsay approving Zoning Ordinance Update No. 25-01.

BACKGROUND | ANALYSIS
The City is initiating an update to the Lindsay Zoning Ordinance (Title 18 of the Lindsay Municipal Code) and Lindsay Subdivision Ordinance (Title 17 of the Lindsay Municipal Code) to be in compliance with new state laws and codes and to be consistent with the 2025 Housing Element and current General Plan.

Zoning Ordinance Section 18.22.050 A. provides criteria for review of zone changes:
“At the public hearing, the City Council shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the Zoning Ordinance prescribed in Section 18.01.020, and how or why the proposed change is consistent with the General Plan and the stated purposes and application intended for the zone classification proposed.” The current Zoning Ordinance is not in compliance with state laws and the goals and policies of the General Plan. The City has also submitted an updated Housing Element that is currently under review by the California Department of Housing and Community Development (HCD). The new Housing Element lists changes that are necessary to the City’s Municipal Code in order to encourage the development of new homes in the City.

Updates to the Zoning Ordinance and Subdivision Ordinance proposed with this amendment are intended to bring the City’s Municipal Code into compliance with state laws and the new Housing Element.

A summary of the proposed changes is attached for more information.

Based on the findings and subject to the conditions of approval within this report, staff recommends that Council approve Resolution 25-07 and Ordinance 616.

ENVIRONMENTAL REVIEW
As Lead Agency under the California Environmental Quality Act (CEQA), the City staff reviewed the project to determine whether it could have a significant effect on the environment because of its development. In accordance with CEQA Guidelines Section 15382, “[s]ignificant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A Mitigated Negative Declaration (MND) has been prepared and is available for review.

Item #: 12.2
Public Hearing
Findings
Amendments to the Zoning Code may be approved by the Council if the proposed amendment is necessary to achieve the objectives of the Zoning Code described in Chapter 18.01 and if the amendment would be consistent with the goals and policies of the General Plan.

1. The project has been reviewed for compliance with the Municipal Code and the Subdivision Map Act and was found to be in compliance with the incorporation of the recommended Conditions of Approval.

2. The amendment is consistent with the goals and policies of the General Plan and the purposes and applications intended for the zoning district classification proposed.

Public Outreach
A public hearing notice was posted in the Porterville Recorder.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS

1. Summary of Code Updates

CITY OF LINDSAY
H o u s i n g - R e l a t e d
Code Updates
September 2023
Prepared By:
4Creeks
324 S Santa Fe St
Visalia, CA 93292
Tulare County RMA
5961 S Mooney Blvd, Visalia,
CA 93277
City of Lindsay
251 E. Honolulu St.

Lindsay, CA 93247
Prepared For:
2 CITY OF LINDSAY ZONING CODE UPDATE
1 Background
3 Zoning Ordinance Update
2 Subdivision Ordinance Update

3.1 Accessory Dwelling Units

3.2 Emergency Shelters

3.3 Manufactured Housing

3.4 Group Homes

3.5 Housing For Agricultural Employees

3.6 Housing For Persons With Disabilities

3.7 Single Room Occupancy Units

3.8 Supportive Housing

Page 3 ends

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TABLE OF CONTENTS
City Hall - City of Lindsay
CITY OF LINDSAY ZONING CODE UPDATE 3
The City of Lindsay Zoning Code Update incorporates new State requirements and changes by the City’s Planning Division to bring the Title 17 Subdivision Ordinance and Title 18 Zoning Ordinance into compliance with the 2019 Housing Element and General Plan.

The Title 17 Subdivision Ordinance Update will include the following:
• Updating the Ordinance to remove ambiguity and unpredictability • Incorporate recent changes to the Subdivision Map Act • Update the current Ordinance to allow for a more streamlined process with the Planning development review process and shorten time it takes to approve housing projects
The Title 18 Zoning Ordinance Update will include the following:
• Updates to meet current State Housing standards and streamline the approval of housing development affordable to owner and renter households at all income levels
• Promote development consistent with the State Planning priorities • Create options for ADU’s within the City and ensure development and design standards enhances the area in terms of building scale, placement, design, and is sensitive to impacts on the neighborhood
• Address SB 35: Streamlined ministerial review process • Updates to the following sections:
• Emergency Shelters
• Factor Built Housing
• Group Homes
• Housing for Agriculture employees
• Housing for persons with disabilities
• Single Room Occupancy Units
• Supportive Housing
• Provide development standards and procedures to guide development that is equitable and feasible while leading applicants through procedures that are transparent and easy to follow
1 BACKGROUND
4 CITY OF LINDSAY ZONING CODE UPDATE
The City of Lindsay Subdivision Ordinance includes guidance and procedures for various types of land divisions, consistent with the State of California Subdivision Map Act with adjustments that are specific to the local jurisdiction. The Subdivision Ordinance’s goal is to promote coordinated and efficient development that is consistent with the most recent General Plan and Zoning Regulations.

A subdivision is a map which shows a property divided into multiple lots or units for individual sale. There are a range of subdivision types, as it could divide one parcel into two lots or be a large tract of land divided into many lots. Conversions are a form of subdivision where existing rental units in buildings are converted into for-sale units.
• Remove ambiguity and unpredictability within the ordinance text to improve consistency and accuracy in processing subdivision cases and clarifying applicable processes for different types of maps.
• Update the ordinance to be legally consistent with, and incorporate recent changes to, the Subdivision Map Act (Government Code Sections 66410 through 66499.38).
• Provide consistency with the General Plan, including the updated Housing Element, Safety Element, and Environmental Justice Element. • Update the current Ordinance to allow for a more streamlined process with the Planning development review process and shorten time it takes to approve housing projects.
2 TITLE 17 SUBDIVISION ORDINANCE UPDATE
WHAT IS THE SUBDIVISION ORDINANCE?
WHAT IS A SUBDIVISION?

PURPOSE OF THE UPDATE
CITY OF LINDSAY ZONING CODE UPDATE 5
The City of Lindsay Zoning Ordinance includes local regulations that control the use and development of land. This ordinance designates various zoning districts in order to separate incompatible uses and promote cohesive city planning. • Meet current State Housing standards and streamline the approval of housing development affordable to owner and renter households at all income levels • The City of Lindsay updated its Housing Element in 2019. The proposed update will make sure that the Zoning Ordinance is in compliance with all goals and policies set forth in the Housing Element.
• Remove ambiguity and unpredictability within the ordinance text to improve consistency and make the ordinance more user-friendly by including tables to display important development standards
The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”), as required by and in compliance with Government Code Sections 65852.2 and 65852.22, as either may be amended from time to time. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.
3 TITLE 18 ZONING ORDINANCE UPDATE
WHAT IS THE ZONING ORDINANCE?

PURPOSE OF THE UPDATE

3.1 ACCESSORY DWELLING UNITS
City of Lindsay 2015 Housing Element
City of Lindsay
2019 Housing Element Adopted by the Lindsay City Council, December 10, 2019 City of Lindsay
P.O. Box 369
Lindsay, CA 93247
www.lindsay.ca.us
6 CITY OF LINDSAY ZONING CODE UPDATE
Accessory Dwelling Unit
An additional dwelling unit no more than twelve hundred (1200) square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet) in size that has separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a primary dwelling on a residential lot in the UR, RA, R, RM, MXU, CN, CC and PO districts.

Junior Accessory Dwelling Unit
A dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence that includes a separate entrance from the main entrance to the single-family residence, separate sanitation facilities, and an efficiency kitchen consisting of a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the size of the unit.

A permit must be obtained for the construction or installation of an ADU or JADU. An application, together with the required fee in compliance with the City’s fee schedule, shall be filed with the Department and accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for ADU/JADU applications. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to determine compliance with this section and ministerially approve a compliant application.

The California Department of Housing and
Community Development (HCD) has updated their
Accessory Dwelling Unit Handbook to reflect all
recent ADU legislation changes. The 2022 HCD ADU
Handbook has provided guidance for updates to the
City of Lindsay Zoning Ordinance.

3.1 ACCESSORY DWELLING UNITS
CITY OF LINDSAY ZONING CODE UPDATE 7

3.1 ACCESSORY DWELLING UNITS
An accessory dwelling unit may be established by the conversion of an attic, basement, garage (if alternative parking area is provided for the principal dwelling unit), or other portion of a principal dwelling unit. A detached accessory dwelling unit may be established by the conversion of an accessory structure or may be new construction. Accessory dwelling units may be mobile homes, provided that such units are subject to all applicable standards of Section

18.14.030, governing the placement of mobile homes on single-family lots. All applications for accessory dwelling units, whether processed as a permitted use or an exception, must comply with the following standards:
• Accessory dwelling units shall only be permitted in the UR, RA, R, RM, MXU, and PO districts and conditionally permitted in the CN and CC districts. • A setback of four (4) feet from the side and rear lot lines is required • Not exceed a single story and sixteen feet (16’) in height • Second dwelling units may only be constructed on lots or parcels that are at least five thousand (5,000) square feet in area
• Architecturally compatible with the primary dwelling, having similar materials, colors, and style of construction
• Attached ADUs and JADUs shall be compatible with and made structurally a part of the primary dwelling
• Adequate parking area must be available on the streets adjacent to the accessory dwelling unit
Example detached ADU with
applicable setback and height
requirements
Example attached ADU with
applicable setback and height
requirements

DEVELOPMENT STANDARDS
8 CITY OF LINDSAY ZONING CODE UPDATE
While homelessness is not a significant policy issue in the City of Lindsay, recent state law changes (AB 101) now require Low Barrier Navigation Centers (LBNC) to be enumerated as a permitted use by right in areas zoned for mixed use, and nonresidential districts permitting multi-family uses, if they meet specified requirements. A LBNC is defined as a “Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy.

The City of Lindsay Zoning Code already contains an Emergency Shelters section that contains relevant development standards. However, additional information on Low Barrier Navigation Centers (LBNC) is required to align with state law and meet specified requirements.

3.2 EMERGENCY SHELTERS

BACKGROUND
The requirements of this section apply only to emergency shelters in mixeduse and nonresidential districts permitting multi-family uses which may be established without a discretionary permit. In order to implement the provisions of state law, including Government Code Sections 65583 and 65589.5, emergency shelters shall be permitted by right in the mixed-use and and nonresidential districts permitting multi-family uses, subject to nondiscretionary site plan review procedures and the following standards.

Division Circle Navigation Center in San Francisco, CA

PURPOSE
CITY OF LINDSAY ZONING CODE UPDATE 9

3.2 EMERGENCY SHELTERS

8. Facility entrances, parking areas, and outdoor gathering areas shall be lighted in accordance with a security lighting plan approved by the public safety director and city planner. This review shall be limited to ensure that the security lighting plan: a) provides for the secure illumination of facility entrances, parking areas, and outdoor gathering areas; and b) includes adequate shielding to prevent glare impacts on adjacent properties and public rights-of-way.

9. There shall be at least one private security officer present on site at times during facility operation. This security officer shall be a separate person from onsite facility management personnel.

10. Low Barrier Navigation Centers (LBNC) shall be enumerated as permitted use by right in areas zoned for mixed use, and nonresidential districts permitting multifamily uses, if they meet specified requirements.

11. Common barriers preventing individuals from entering emergency shelters should be reduced to the greatest extent, such as allowing partners, pets, storage of personal items, and privacy.

DEVELOPMENT STANDARDS

1. Emergency shelters shall be defined by Section 18.24.030 of this chapter.

2. The facility shall not serve more than twelve persons on any night.

3. The facility shall provide at least one off-street parking space for every two beds and one parking space per employee. Driveways and parking areas shall be subject to the standards of Section 18.13.030 for off-street parking facilities. Parking areas shall be located to the rear and/or side of the structure.

4. Client waiting, intake, and visiting areas shall be located indoors.

5. Facility management personnel shall be present at the facility when clients are at the facility.

6. There shall be a minimum distance separation of at least 250 feet between emergency shelters. This distance separation shall be measured from the closest property lines of such facilities.

7. Clients shall not occupy the facility for more than six consecutive or cumulative months. The facility operator shall keep accurate records of client names and dates of occupancy, and shall make such records available for city inspection in order to verify compliance with this subsection.
*Additions to City of Lindsay Municipal Code in blue, deletions in red strikeout* 10 CITY OF LINDSAY ZONING CODE UPDATE

3.3 MANUFACTURED HOUSING
Manufactured Housing is a residential building, dwelling unit, individual dwelling room, or combination of rooms, or building components, assembly, or system manufactured so that all concealed parts or processes of manufacturing cannot be inspected before installation. This type of housing provides California residents with reduced housing costs through mass production techniques resulting from a factory production environment.

In the City of Lindsay manufactured homes are permitted subject to administrative approval within all residential districts. The administrative approval process determines project compliance with development standards applicable to such uses, including permanent foundations, roof overhangs, and covered parking. There are no other specific City zoning or development control provisions that uniquely apply to or potentially constrain this housing type.

BACKGROUND
• Manufactured homes provide an
alternative type of housing for
persons desiring an alternative to
conventional housing types.
• This housing type also assists in
providing a diversity of housing in
the community, regarding housing
choices, types and prices.
• The standards and regulations
included in this section help ensure
the compatibility of such dwellings
with surrounding uses and properties
and to avoid any impacts associated
with such dwelling units.

Example of Manufactured Housing

PROPOSED CODE

1. Application. The provisions of this section shall apply to all singlefamily dwellings and mobile homes on permanent foundations listed as permitted uses within all residential districts (R, RA, RM).

PURPOSE
CITY OF LINDSAY ZONING CODE UPDATE 11
Example of Manufactured Housing

DEVELOPMENT STANDARDS

3.3 MANUFACTURED HOUSING

2. Developmental/Architectural Standards. All manufactured housing must comply with local ordinances including use zone requirements, wind pressure requirements, fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements.

All single-family dwellings and mobile homes on permanent foundations shall meet the following developmental/architectural standards:
• Garages or Carports. A garage or carport shall be provided for every dwelling located on a lot which is not a part of a mobile home subdivision. • Minimum Floor Area. The minimum floor area for every dwelling located which is not a part of a mobile home subdivision, shall be eight hundred square feet, excluding the area of the garage or carport. •
Roof Overhang. All main buildings shall have a pitched roof with a minimum twelve-inch roof overhang on each of the dwelling’s perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.
• Roofing Material. All main buildings, and all detached garages and carports located on the front half of the lot shall have a roof constituted of either wood shakes, asphalt, composition or wood shingles, clay, tile, concrete or metal tile, slate or built-up asphalted-gravel materials. 12 CITY OF LINDSAY ZONING CODE UPDATE

3.3 MANUFACTURED HOUSING
• Siding Material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, concrete, stucco, Masonite or metal lap.

The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation. • Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/ or the provisions of Section 18551 of the California Health and Safety Code, such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units. • Utility Connections. All manufactured home utility connections pertaining to electrical, gas, water, mechanical and sewer shall be installed in a permanent manner applicable to a permanent singlefamily residential structure in the existing district. Location of water meters and gas meters shall conform to adopted standards of the city. • Minimum Width. The minimum width of a dwelling located on a lot outside of a mobile home subdivision shall be twenty feet. • Surrender of Registration. Subsequent to applying for a building permit, and prior to occupancy of a mobile home on a permanent foundation, the owner shall request a certification of occupancy be issued by the building official pursuant to Section 18557(a)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership and certificate of registration issued by a state agency is to be surrendered to the issuing state agency.

Any mobile home on a permanent foundation must bear a California insignia or Federal label pursuant to Section 18550(b) of the California Health and Safety Code.
• Deviations. The community development director may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

The determination of the director may be appealed to the city council in accordance with the provisions of Section 18.16.050 of this code. • Residential Use. All manufactured homes shall be occupied only as a single-family residential unit.

DEVELOPMENT STANDARDS
CITY OF LINDSAY ZONING CODE UPDATE 13

3.3 MANUFACTURED HOUSING
• Zone Requirements. All manufactured homes shall meet
all requirements for the zone in which they are located. • Modifications. No modifications shall be granted to a manufactured home unless approved by the Department of Housing and Community Development and the building official for the city.
• Siding Material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, concrete, stucco, Masonite or metal lap.

Any mobile home on a permanent foundation must bear a California insignia or Federal label pursuant to Section 18550(b) of the California Health and Safety Code.

DEVELOPMENT STANDARDS
14 CITY OF LINDSAY ZONING CODE UPDATE

3.4 GROUP HOMES
In recent years, some local governments have amended their zoning ordinances to add new regulations for group homes, particularly for recovery residences—group homes that provide housing for persons recovering from alcoholism or drug addiction. These amendments have raised concerns that local governments are not complying with their affirmative obligations under state planning and zoning laws to promote more inclusive communities and affirmatively further fair housing (AFFH).

These amendments have also generated disputes and confusion over whether local governments are violating fair housing laws by discriminating against persons with disabilities or other protected characteristics.

Among other concerns, local land use policies and practices can block new group homes from opening, force existing ones to close, and impose costs, legal fees, and administrative burdens that make it difficult for group homes to operate. These concerns arise in the context of a shortage of adequate housing for persons with disabilities, which is a particularly acute problem within California’s broader housing crisis.

BACKGROUND

PURPOSE
Group homes are an especially
important type of housing for persons
with disabilities. By supporting their
residents’ individualized needs while
providing flexible and affordable housing
options, group homes help persons with
disabilities live in deinstitutionalized
settings that facilitate their integration
into local communities.

CITY OF LINDSAY HOUSING ELEMENT (2019)
• The City shall promote the development of housing choices for special needs groups, including the disabled, farmworkers, large families, and senior citizens.
• The City affirms a policy of promoting equal housing opportunities, including housing for developmentally disabled, other supportive housing groups, and extremely low-income households. This policy shall guide City planning and development review actions. This policy is expected to encourage the development of one or more housing opportunities for these groups during the planning period.

CITY OF LINDSAY ZONING CODE UPDATE 15

EXISTING CODE

3.4 GROUP HOMES
• Single-Family Residential Permitted Uses: A state-authorized, certified or licensed family care home, foster home or group home serving six or fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children
• Multi-Family Residential Permitted Uses: A small family day care home, an alcoholic recovery facility or a state-authorized, certified or licensed family care home, foster home or group home as provided in Section

18.07.020. low-income households. This policy shall guide City planning and development review actions. This policy is expected to encourage the development of one or more housing opportunities for these groups during the planning period.

Purpose. Group care homes are an especially important type of housing for persons with disabilities. By supporting their residents’ individualized needs while providing flexible and affordable housing options, group homes help persons with disabilities live in deinstitutionalized settings that facilitate their integration into local communities.

Group care homes shall be allowed as follows:

1. Six (6) or fewer persons with a State license permitted in any residential zone district. Site plan review and approval is required for all residential zone districts except single-family.

2. A residential group home that serves six or fewer persons shall comply with the development standards for single-family or multiple family dwellings, as applicable, located within the same zone.

3. A residential group home that serves six or fewer persons shall comply with all applicable federal, state and local laws, and all applicable federal, state and local health and safety regulations including, but not limited to, Fire and Building Code regulations.

4. Seven (7) or more persons and non-State licensed, permitted in the RM-3 or RM-MH8 Residential Districts with a conditional use permit.

5. A residential group home facility that serves seven or more persons shall conform to the development standards for the zoning classification in which it is located.

PROPOSED CODE
16 CITY OF LINDSAY ZONING CODE UPDATE

3.5 HOUSING FOR AGRICULTURAL EMPLOYEES
The Employee Housing Act supports the construction, maintenance, and occupancy of any privately-owned or -operated employee housing facility that provides five or more employees with housing. A city or county can assume responsibility for the enforcement of the Employee Housing Act to assure the health, safety, and general well-being of individual residing employee housing is upheld.

BACKGROUND
Agriculture employees are traditionally defined as people whose primary incomes are earned through permanent or seasonal agricultural labor.

Because of their limited income and the unstable nature of their employment, agriculture employees are believed to have unique housing requirements.

Additionally, agriculture employee households typically experience high levels of poverty, reside in housing that is often in the poorest condition, suffer from significant overcrowding, and have low rates of homeownership.

PURPOSE

PROPOSED CODE
Purpose. Agriculture employee housing is an accommodation developed for and offered to agriculture employees and consist of any living quarters, dwelling unit, boarding house, tent, barracks, bunkhouse, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodation continued in one or more buildings and on one or more sites. Types of agriculture employee housing include:

Applicability. This section provides standards for agriculture employee housing which shall be permitted on agricultural land uses.

Permits. Application for a permit to operate agriculture employee housing shall be made to the enforcement agency at least 45 days prior to the date of initial occupancy and shall be on the forms supplied by the enforcement agency and shall contain at least the following information:

1. The name and address and telephone numbers of the camp owner and operator.

2. The location of the camp.

3. Approximate number of occupants to be housed.

4. A description of the facilities comprising the camp.

5. Approximate dates of occupancy.

CITY OF LINDSAY ZONING CODE UPDATE 17

3.5 HOUSING FOR AGRICULTURAL EMPLOYEES
Lot Requirements. The premises shall be free from depressions in which water can stand. Areas such as irrigation drain ditches, etc., containing water not subject to such drainage or filling shall be treated to prevent the breeding of mosquitoes, vermin or vectors as approved by the local health department or other authorized agency.

Structures, mobile homes, travel trailers, camp cars, coaches, and other housing accommodations shall be maintained so as to provide shelter to the occupants against the elements and to exclude dampness and shall be kept clean and free from vermin, vectors and other matter of an infectious or contagious nature. The entire grounds within the area of a labor camp subject to this subchapter shall be kept clean and free from accumulation of debris, filth, garbage and deleterious matter.

Location. Structures, mobile homes, travel trailers, camp cars, tents, commercial coaches and other housing accommodations shall be maintained a significant distance from barns, pens or similar quarters of livestock or poultry.

Development Standards. The rooms or areas used for sleeping purposes for more than one person shall be maintained with a floor area of not less than fifty (50) square feet for each occupant and a minimum average ceiling height of not less than seven feet.

Community Kitchen. Where occupants are permitted or required to cook for themselves, other than in a dwelling unit, mobile home, or recreational vehicle with a separate kitchen, a separate room shall be maintained and equipped for use as a community kitchen.

Toilet and Bathing Facilities. An employee site shall provide toilet and bathing facilities for occupants, not to exceed ten occupants for each toilet and each bathing facility.
18 CITY OF LINDSAY ZONING CODE UPDATE

3.6 HOUSING FOR PERSONS WITH DISABILITIES
The City of Lindsay shall promote the development of housing choices for special needs groups, including the disabled, farmworkers, large families, and senior citizens. Moreover, the City affirms a policy of promoting equal housing opportunities, including housing for developmentally disabled, other supportive housing groups, and extremely low-income households.

This policy shall guide City planning and development review actions. This policy is expected to encourage the development of one or more housing opportunities for these groups during the planning period.

BACKGROUND
Individuals with disabilities often have a restricted, fixed income that poses a challenge for them to afford suitable housing. For those with mental, physical, or developmental disabilities, it is crucial to have access to affordable housing that is conveniently located and designed to address accessibility issues.

Such housing should also include on- or off-site support services, including inpatient/outpatient day-treatment programs. Adaptations may need to be made to the housing to ensure it is accessible and accommodating for the individuals.

PURPOSE

PROPOSED CODE

18.21.120 Reasonable Accommodation

1. Purpose. The purpose of reasonable accommodation procedures is to provide an administrative exception process for zoning standards, where necessary to make housing available and/or accessible to persons with disabilities protected under Fair Housing laws. This section is intended to eliminate barriers to housing opportunities for individuals with disabilities.

2. Requests for Reasonable Accommodations.

1. Request. Requests for reasonable accommodations may be made by a person with a disability, their representative, or a developer providing housing for individuals with disabilities. This request may include a modification or exception to a development that would eliminate regulatory barriers that do not provide disabled individuals with equal housing opportunities. Reasonable accommodations cannot waive a requirement for a minor use permit or a conditional use permit.

2. Assistance. If an applicant needs assistance making a reasonable accommodations request, the planning division will provide the necessary support to ensure the process is available to the applicant.

CITY OF LINDSAY ZONING CODE UPDATE 19

2.6 HOUSING FOR PERSONS WITH DISABILITIES

3. Required Application. Persons seeking reasonable accommodation shall make written application to the city and provide the following minimum information:

1. Name and contact information of the applicant seeking reasonable accommodation.

2. Address of the property where reasonable accommodation is being sought.

3. A description of the reasonable accommodation being sought, including the specific proposed deviation from physical development standards.

A plan drawn to scale which visually depicts the proposed reasonable accommodation.

4. A description of the applicant’s disability, consistent with the definition of “person with a disability” consistent with Section 18.24.030.

5. Written evidence of the applicant’s disability from a physician, surgeon, psychiatrist, or psychologist licensed by the State of California.

6. Written evidence demonstrating that the requested accommodation is necessary, and that there is a clearly identifiable relationship, or nexus, between the requested accommodation and the individual’s disability. The reason(s) why the accommodation is reasonable and required for meeting the needs of the individuals’ disability.

4. Scope of Authority.

1. Approval. The city manager or designer shall administratively review and approve written applications for reasonable
accommodation that are consistent with the provisions of this section, within thirty days of receipt of a complete application

2. Denial. The city manager or designer shall deny applications for reasonable accommodation that are incomplete or inconsistent with the provisions of this section.

PROPOSED CODE CONT.
20 CITY OF LINDSAY ZONING CODE UPDATE

2.6 HOUSING FOR PERSONS WITH DISABILITIES

3. Applicability. Reasonable accommodation may be made to any of the following physical development standards for residential land uses:

1. Fences and walls;

2. Site area;

3. Frontage, width, or depth of site;

4. Coverage;

5. Yard requirements;

6. Distance between structures;

7. Building height;

8. Signs;

9. Off-street parking and off-street loading.

4. Inapplicability. Reasonable accommodation shall not apply to any of the following:

1. Zoning district designation;

2. Permitted or conditionally permitted land uses in a specific zoning district;

3. Encroachment into public right-of-way.

5. Appeal Process. The applicant may appeal against the decision of the director, in writing, to the city council within ten business days of the decision. If an appeal is not filed within ten business days of the decision, the decision shall be final and unappealable.

6. Environmental Review. The reasonable accommodation process shall be considered non-discretionary and ministerial for the purposes of the California Environmental Quality Act.

PROPOSED CODE CONT.

CITY OF LINDSAY ZONING CODE UPDATE 21

3.7 SINGLE ROOM OCCUPANCY UNITS
SROs or single-room occupancy units are housing units that consist of a single room and provide lower-income individuals with housing opportunities. This housing type is restricted to occupancy by no more than two persons. Singleroom occupancy units are not specifically enumerated land use in the zoning ordinance. SROs that include a kitchen would meet the definition of a multifamily dwelling and would be permitted in RM zoning districts. There are 59 acres of undeveloped/underdeveloped land in this zoning district, with a likely development potential of 540 dwelling units.

Single-room occupancy units (SRO) aim to offer housing options in specific residential, commercial, or mixed-use areas for low-income households of one or two individuals who may not be able to afford conventional apartments.

Their development standards prioritize affordability while addressing concerns around neighborhood compatibility and facility management.

BACKGROUND
Single-room occupancy units shall be permitted as follows:

1. A “small SRO” (four or fewer units) is a permitted use in RM-1.5, RM-3, and RM-MH8 multi-family residential zones and would be subject to the same district requirements applicable to multi-family residential or apartment uses in that zoning district.

2. A “large SRO” (five or more units) may be permitted with a conditional use permit in in RM-1.5, RM-3, RM-MH8, CC, and MXU zoning districts.

All single-room occupancy units shall meet the following standards:

All SRO Facilities
• Each SRO is occupied by no more than two persons.
• Minimum unit size of 150 square feet for single person occupancy and 220 square feet for two-person occupancy.
• Laundry facilities are required to be on-site, unless there are public facilities located nearby.
• Adequate parking and storage must be provided for residents. • Requires a kitchen and a full bathroom.

PURPOSE

PROPOSED CODE

DEVELOPMENT STANDARDS
22 CITY OF LINDSAY ZONING CODE UPDATE
Small SRO Facilities (four or fewer units)
• Maximum unit size: 400 square feet
• Bathrooms and kitchens may be individual or shared.

Large SRO Facilities (five or more units)
• Maximum unit size: 300 square feet
• Private bathroom facilities are required, but shower or bathtub facilities may be shared.
• The kitchen space in individual rooms is limited to 50 percent.

3.7 SINGLE ROOM OCCUPANCY UNITS
Example of Single Room Occupancy Unit (SRO)
CITY OF LINDSAY ZONING CODE UPDATE 23
In 2007, SB 2 revised housing element law requiring that transitional and supportive housing be permitted as residential use, subject only to restrictions that apply to other residential dwellings of the same type in the same district. • SB 2 also encourages and facilitates emergency shelters and limits the denial of emergency shelters and transitional and supportive housing under the Housing Accountability Act.
• In addition, SB 2 clarifies that the definition of a housing development project includes transitional or supportive housing.

Supportive housing is defined as housing that has no restrictions on the length of stay and is occupied by individuals from the target population. It is linked to onsite or offsite services that assist the residents in maintaining their housing, improving their health, and maximizing their ability to live and work in the community. Supportive housing is considered a residential use of property and is subject only to the same restrictions as other residential dwellings of the same type in the same zone. It is a permitted use in all zoning districts that permit residential units.

Supportive housing shall be permitted as follows:

1. Permitted in any residential zone district subject to the same permit requirements of other residential uses of the same type in the same zone district. Permitted uses in single-family zone districts shall not change the residential character of the single-family zone district.

1. Supportive housing facilities that provide lodging for up to six (6) individuals will be considered a single-family structure with a residential land use designation.

2. Supportive housing facilities providing accommodations for six (6) or fewer individuals are allowed in all residential zoning districts, in the CC (central commercial), CN (neighborhood commercial), CH (highway commercial) zoning districts as part of a mixed-use developments, and in the MXU (mixed-use) zoning district as a permitted use without a conditional use or other discretionary permit.

3. Supportive housing facilities providing accommodations for six (6) or more individuals are allowed in the RM (multi-family residential) zoning districts, in the CC (central commercial), CN (neighborhood commercial), CH (highway commercial) zoning districts as part of a mixed-use developments, and in the MXU (mixed-use) zoning district as a permitted use without a conditional use or other discretionary permit.

3.8 SUPPORTIVE HOUSING

PURPOSE

BACKGROUND
24 CITY OF LINDSAY ZONING CODE UPDATE

1. Length of Stay: There is no limit on how long residents can stay at the transitional housing facility.

2. Living Areas: The facility must provide sufficient living space, including shower and toilet facilities, laundry facilities with washers and dryers, and secure storage areas for residents. The facility should make every effort to house family members together, regardless of age or gender. If there is no space for children to play or engage in activities within the family sleeping or living area, a separate day, play, or activity room must be provided that is separate from any common area used by other residents.

Support Services: Supportive services provided by the facility should include a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. The facility must offer at least the following minimum support services:

1. If the program includes drug or alcohol abuse counseling, it must have appropriate state and/or federal licensing.

2. The program must provide transportation options for clients to access social services, housing, and employment opportunities.

3. The program must have specific mechanisms in place for residents to contact social services.

4. The program must provide clear and acceptable arrangements for facility residents regarding meal preparations or food provision and disbursement.

5. The program, if applicable, must offer childcare services and ensure school-age children are enrolled in school during their stay at the facility.

3.8 SUPPORTIVE HOUSING

DEVELOPMENT AND OPERATIONAL STANDARDS

Lindsay City CouncilMarch 25, 2025

Lindsay City Council
March 25, 2025