LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JANUARY 3, 2024 - 6:00 PM
Live stream on YouTube at:
..................................................................... https://www.youtube.com/@losbanos406 ................................................................... .
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor flame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de /a junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. · ........................................................................................................................................................................................................................................................................................... · Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cualquier artfculo en este orden de/ dfa sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. · .......................................................................................................................................................................................................................................................................................... :
Please note: The Brown Act provides the public with an opportunity to make public Comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the.
City's website for public review. Agenda packets can be found on the City's website at the fqllowing link: https://losbanos.orq/category/city-council/ Los Banos City Council Agenda - January 3, 2024 Page 1 of 5 1 1. CALL TO ORDER - January 3, 2024 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4
__ Paul Llanez - Mayor
4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATIONS.
A. Certificates of Recognition:
1) Employee of the Year 2023 - Jesus Parras, Police Sergeant. 2) Employee of the Month for December 2023 - Javier Maganda, Maintenance Worker 11.
B. Proclamations Recognizing City Commissioners:
1) Kathy Ballard - Measure H Citizens' Oversight Committee 2) Deborah "DJ" Barcellos - Measure P Committee
3) Leonardo Cortez - Parks & Recreation Commission
4) John Spevak - Parks & Recreation Commission
C. Proclamation - Recognizing Reverend Dr. Martin Luther King, Jr. Day.
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #242283 - #242639 in the Amount of $2,658,535.58.
Recommendation: Approve the check register as submitted.
B. Minutes for the November 15, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
Los Banos City Council Agenda - January 3, 2024 Page 2 of 5 2 C. City Council Resolution No. 6718 - Authorizing the City Manager to Execute the First Amendment to the Agreement for Contract Services with SynagroWWT, Inc. for the Dredging, Dewatering, Transportation and End Use of Recirculation Channel Solids at the Wastewater Treatment Plant and Amend the 2023-2024 Fiscal Year Budget to Increase Expenditures in the Wastewater Fund 502-433-100-231 in the Amount of $1,497,724.52.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6719 - Authorizing the City Manager to Execute the Contract with Perfection Painting Corp for Exterior Painting of the Los Banos Community Center Project in the Amount of $46,000 and a Project Contingency of $6,900 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240- 205 in the Amount of $6,900.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6720 - Accepting Public Improvements for Southpointe at Regency Park, Phase 10 (Stonefield Home, Inc.).
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6721 - Adopting a Revised Budget for the 2023- 2024 Fiscal Year as it Pertains to Fire Department Overtime in the amount of $156,004.00.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a Conditional Use Permit #2023-09 and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 41 Alcohol License for the OnSale of Beer and Wine for a Bona-Fide Eating Place, Biggins Texas BBQ Located at 609 I Street, APN 025-231-019.
1) City Council Resolution No. 6717 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2023-09 to Allow for the On-Sale of Beer and Wine Under a Type 41 Alcohol License at 609 I Street, More Specifically Identified as APN 025-231-019.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6722 - APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE
Los Banos City Council Agenda - January 3, 2024 Page 3of5 3 RESIDENTIAL REAL PROPERTY OWNED BY THE CITY LOCATED AT 1329 FRANK STREET, DOS PALOS, APN 012-104-017.
Recommendation: Receive staff report and adopt the resolution as submitted.
10. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6723 - AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT WITH IMAGINE WAY MORE, LLC FOR SOCIAL MEDIA CONTENT SERVICES.
Recommendation: Receive staff report and adopt the resolution as submitted.
11. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6724 - TO COMMIT FUNDING TO RENOVATE AND EQUIP THE POLICE
DEPARTMENT MAIN BUILDING LOCATED AT 945 5m STREET AND THE POLICE ANNEX LOCATED AT 535 J STREET.
Recommendation: Receive staff report and adopt the resolution as submitted.
12. COUNCIL MEMBER REQUEST REGARDING AN UPDATE FOR THE HOMEKEY PROGRAM & MOTEL PURCHASE (Council Member Lewis).
Recommendation: Discussion and direction from the City Council on how to proceed.
13. COUNCIL MEMBER REQUEST REGARDING AN UPDATE FOR THE SCORING SYSTEM FOR AMERICAN RESCUE PLAN ACT (ARPA) FUNDING (Council Member Lewis).
Recommendation: Discussion and direction from the City Council on how to proceed.
14. ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.
15. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
16. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),
AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).
Recommendation: Informational item only, no action to be taken.
17. CITY COUNCIL MEMBER REPORTS.
A. Douglas Begonia, Jr. - District 2
B. Brett Jones - District 3
C. Deborah Lewis - District 4
Los Banos City Council Agenda - January 3, 2024 Page 4 ofS 4 D. Kenneth Lambert- District 1
E. Paul Llanez - Mayor
18. CLOSED SESSION - Conference with Labor Negotiators, Pursuant to Government Code Section 54957.6, Agency Designated Representatives: City Manager Pinheiro, City Attorney Vaughn, Human Resources Director Mallonee, Interim Finance Director Kuhn, Legal Counsel Tuffo; Employee Organizations: Los Banos Police Officers Association (LBPOA), Los Banos Police Sergeants Association (LBPSA), Los Banos Fire Fighters Association (LBFFA), Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA), Los Banos Public Employees Union (Public Works) Local 1/AFSCME and Unrepresented Miscellaneous Employees.
19. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing ~J-snda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
Lucille
Fu.~-f.
L. Mallonee,
~
City Clerk Dated this 29th day of December 2023
Los Banos City Council Agenda - January 3, 2024 Page 5 of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CERTIFICATE OF RECOGNITION
<Presented <To
JESUS PARRAS
Police Sergeant
In recognition of 6eing named
City of Los <Banos
2023 P,mpfoyee of tlie 'Year
<Pau( Lfanez, :Mayor
<Dated: January 3, 2024
~
LOs Banos
At the Crossroads o_t California
7 CERTIFICATE OF RECOGNITION
<Presented rto
JAVIER MAGANDA
MAINTENANCE WORKER II - PARKS & RECREATION
In recognition of your outstanding peiformance
and dedicated service to tfie City of Los <Banos and
for 6eing named "<Emp[oyee of tfie ?r1.ontfi"for(J)ecem6er 2023.
Pau{ £Canez, <M.ayor
<Dated: January 3, 2024
rOsBanos
At tl1e Cmssmmls of California
8 LOsBanos
At t1u: (.JOSltoads of califurnta
PROCLAMATION RECOGNIZING
KATHY BAUARD
MEASURE H ClTlZENSi OVERSIGHT COMMITTEE MEMBER
WHEREAS, Kathy Ballard was appointed to serve as a member of the Los Banos Measure H Citizens~ Oversight Committee on January 19> 2022; and WHEREAS, Kathy Ballard faithfully attended regular meetings of the Los Banos Measure H Citizens'- Oversight Committee; and
WIIER&S, Kathy Ballard was a dedicated member of the _Los Banos Measure H Citizens' Oversight Committee and continually provided her support to the goals and missions of the committee; and
. WHEREAS, Kathy Ballard fulfilled her term as a member of the Los Banos Measure H Citizens' Oversight Committee on December 31, 2023.
NOW, THERI£FORE, BE IT PROCLIUMED that the Mayor and City Council Members of the City of Los Banos do hereby recognize and commend Kathy Ballard for her dedicated service as a member of the Los Banos Measure H Citizens' Oversight Committee.
In witness whereof, I have hereunto set my
hand and caused to be affixed the seal of
the City of Los Banos, this Jrd day of
January 2024.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
9 LOsBanos , t lht: Cm5smads aJ Californw
PROCLA.MATION RECOGNIZING
DEBORAH «DJ" BARCELLOS
MEASURE P COM14ITTEE MEMBER
WHERMS, Deborah "Dr Barcellos was appointed to serve as a member of the Los Banos Measure P Committee on January 20> 2021; and
WHEREAS, Deborah "D.r Barcellos faithfully attended regular meetings of the Los Banos Measure P Committee; and
WHEREAS, Deborah "DJ" Barcellos was a dedicated member of the Los Banos Measure P Committee and continually provided her support to the goals and missions of the committee; and
WHEREAS, Deborah "DJ" Barcellos fulfilled her term as a member of the Los Banos Measure P Committee on December 31, 2023.
NOW, THEREFORE, BE IT PROCLAJMED that the Mayor and City Council Members of the City of Los Banos do hereby recognize and commend Deborah "DJ" Barcellos for her dedicated service as a member of the Los &nos Measure P Committee.
In witness whereof. I have hereunto set my
hand and caused to be affixed the seal of
the City of Los Banos, this Jrd day of
January 2024.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
10 LOsBanos
At tht' Crossmucls oj <..,,tlifornw
PROCLAMATION RECOGNIZING
LEONARDO CORTEZ
PARKS 8G RECREATION COMMISSION.MEMBER
WHEREAS, Leonardo Cortez was appointed to serve as a member of the Los Banos Parks & Recreation Commission on January 19> 2022; a.nd IVHEREAS, Leonardo Cortez faithfully attended regular meetings of the Los Banos Parks & Recreation Commission; and
WHEREAS, Leonardo Cortez was a dedic«ted member of the Los Banos Parks & Recreation Commission and continually provided his support to the goals and missions of the commission; and
WHEREAS, Leonardo Cortez fulfilled his term as a member of the Los Banos Parks & Recreation Commission on December 31,. 2023.
NOW, THEREFORE, BE IT PROCLA.11tlED that the Mayor and City Council Members of the City of Los Banos do hereby recognize and commend Leonardo Cortez for his dedicated service as a member of the Los Banos Parks & Recreation Commission.
In witness whereof; I have hereunto set my
hand and caused to be affixed the seal of
the. City of Los Banos, this 3rd day of
January 2024.
APPROVED:
Paul Llanez~ Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
11 LOsBanos
1 tltt Cms.sroads oj Clllifott1ia
PROCLAMATION RECOGNIZING
JOHNSPEVAK
PARKS & RECREATION COMMISSION MEMBER
WHEREAS, John Spevak was appointed to serve as a member of the Los Banos Parks & Recreation Commission on January 19, 2022; and
WHEREAS, John Spevak faithfully attended regular meetings of the Los Banos Parks & Recreation Commission; and
WHEREAS, John Spevak was ·a dedicated member of the Los Banos Parks & Recreation Commission and continually provided his support to the goals and missions of the commission; and
WHEREAS, John Spevak fulfilled his term as a member of the Los Banos Parks & Recreation Commission on December 31,. 2023.
NOW, THEREFORE, BE IT PROCLA.lMED that the Mayor and City Council Members ofthe City of Los Banos do hereby recognize and commend John Spevak/or his dedicated service as a member of the Los Banos Parks & Recreation Commission.
In witness whereat I have hereunto set my
hand and caused to be affixed the seal of
the City of Los Banos, this 3rd day of
January 2024.
APPROVED:
Paul Llanez, Mayor
A1TEST:
Lucille L. Mallonee, City Clerk
12 LOsBanos
,'\t tht CrourOllth of udifornlo
PROCIAMATION RECOGNJZlNG
REVEREND MARTIN LUTHER lCJNG JR .. DAY
WHER£4S, the Reverend Dr. Martin Luther King~ Jr. was born in Atlanta, Georgia on January 15, 19.29 and made a lasting impressfon as a key leader in the American Civil Rights Movement during the. 1950"s and J 960>s; and
WllERE4S, during speeches and mines in our Nation "s capital and throughout America, Reverend Dr. Marlin Luther King, Jr .. promoted his dream of a Nation where everyone is treated as equals and is judged "not by the color of their skin,_ but by the content of thciT character,,.; and
ll7B..E:R&tS, people throughout the world continue to look to Reverend Dr. Marlin Luther King . .Jr. "'s example as a model on human relations, and his. efforts in the daily struggle for civil human rights have continued since his assassination in 1968 and wm continue untt'I his d1ream of absolute freedom,. equality .. and justice for all is. .finally realized; and
IVIIEREAS, the City of Los Banos is proud to honor and celebrate the life of the Reverend Dr .. Mam» Luther King~ Jr .
.NOW, TBBREl'ORE, BE ff PROCIADfE.D, that the Mayor and City Council Members of the City of Los Banos do hereby recognize Monday, January 15, 2024 as Marlin Luther King Jr. Day in the City of Los &nos and encourage all citizens to celebrate and remember the many accomplishments of Reverend Dr. Martin Luther King~ Jr.
In witness whereof. I have hereunto set my hand
and caused to be affixed the seal of the City of
Los Banos~ this :Jrd day of January 2024.
APPROVED:
Paul Llanez,, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
13 THIS PAGE IS INTENTIONALLY LEFT BLANK
14 CK# 242283 - # 242639 01/03/2024 $2,658,535.58
Check Report I LOs Banos
Check by Date 4t r1a Cms5roads of California
Number Payment Date Vendor Name Payment Type Void Payment Amount 242295 12/01/2023 Ronny's Inc. Regular 16,905.59
242297 12/01/2023 Ronny's Inc. Regular 11 ,274.75
242298 12/01/2023 Ronny's Inc. Regular 47,695.08
242301 12/01/2023 AT&T Mobility Regular 5,073. 17
242302 12/01/2023 Sara Blevins Regular 89.00
242303 12/01/2023 Sara Blevins Regular 330.00
242304 12/01/2023 CalMatCo. Regular 21,501.92
242305 12/01/2023 Carollo Inc. Regular 7,074.42
242306 12/01/2023 Bradley Ellien Regular 1,528.00
242307 12/01/2023 Galvin Preservation Associates, Inc. Regular 44,763.59 242308 12/01/2023 GoTo Communications, Inc. Regular 3,527.94 242309 12/01/2023 Gouveia Engineering Inc. Regular 27,630.19 242310 12/01/2023 Laboratory Corporation of America Holdings Regular 434.70 242311 12/01/2023 Liebert Cassidy Whitmore Regular 8,451.00 242312 12/01/2023 Lucille L Mallonee Regular 99.74
242313 12/01/2023 Mark Thomas & company. Inc. Regular 61,625.64 242314 12/01/2023 Ivan Mendez Regular 459.00
242315 12/01/2023 Samuel Morales Regular 1,755.00
242316 12/01/2023 Gerald "Obie" O'Brien Regular 77.14
242317 12/01/2023 Oppenheimer Investigations Group LLP Regular 7,447.50 242318 12/01/2023 Gametime Regular 161,370.11
242319 12/01/2023 Pro Group Painting Regular 9,804.00
242320 12/01/2023 Provost and Pritchard Engineering, Inc. Regular 10,063.14 242321 I 2/01/2023 Juan Ramirez Regular 15.92
242322 12/01/2023 Ronny's Inc. Regular 56,837.47
242325 12/01/2023 SHI International Corp Regular 1,037.31 242326 12/01/2023 Mann Singh Regular 2,940.00
242327 12/01/2023 John P. Soares Regular 845.00
242328 12/01/2023 Jose Torres Regular 73.47
242329 12/01/2023 US Bank Corp Pyrnt System Regular 48,994.51 242330 12/01/2023 Paralee Gunsaullus Regular 86.88
242331 12/01/2023 Law Offices of William A Vaughn Regular 12,600.00 242332 12/01/2023 Kasey Alim Regular 45.00
242333 12/01/2023 Aramark Uniform Ser Inc Regular 523 .7 1 242334 12/01/2023 ArarnarkUniform & Career Apparel Group, Inc. Regular 170.69 242335 12/01/2023 Airgas, Inc. Regular 368.29
242336 12/01/2023 AT&T Regular 1,078.86
242337 )2/01/2023 Dorothy June Baker Regular 19.58
242338 12/01/2023 Barton Overhead Door Inc Regular 1,074.57 242339 12/01/2023 Beam Insurance Administrators LLC Regular 22,169.12 242340 12/01/2023 Boot Barn Regular 156.59
242341 12/01/2023 Bruce's Tire Inc Regular 1,323.18
242342 12/01/2023 BSK Associates Regular 672.00
242343 12/01/2023 Burton's Fire Inc. Regular 2,610.00
242344 12/01/2023 Callander Associates Landscape Architecture, Inc. Regular 575.31 242345 12/01/2023 A & E Industrial Cleaning Equipment Regular 281.62 242346 12/01 /2023 Carollo Inc. Regular 4,805.75
242347 12/01/2023 CDTFA California Dept. of Tax & Fee Regular 620.00 242348 12/01/2023 Central Valley Cardiovascular Group Inc. Regular 200.00 242349 12/01/2023 Coffee Break Service Inc. Regular 138.08 242350 12/01/2023 Comcast Regular 473.82
242351 12/01/2023 Cook's Communications Corp. Regular 1,526.70 242352 12/01/2023 CPS Regular 793.00
242353 12/01/2023 Creative Voice and Data Networks, Inc. Regular 3,274.03 242354 12/01/2023 CSG Consultants Inc. Regular 230.00
15 242355 12/13/2023 Carlos Alberto
Cabrera Regular -50
.00
242355 12
/01/2023 Carlos Alberto Cabrera Regular 50
.00
242356 12/01/2023 Central California Irrigation District Regular 671.64 242357 12
/01/2023 D & D Pest Control Regular 163.00
242358 12/01/2023 Dogteampro, Inc Regular 499
.00
242359 12/01/2023 Electric Drives lnc Regular 2,971.75
242360 12/01/2023 Environmental Systems Research Inst. Regular 4,400.00 242361 12/01/2023 Federal Express Corporation Regular 954.58 242362 12/01/2023 Ferrellgas, Inc. Regular 24.46
242363 12
/01/2023 Government Revenue Solutions Holdings I, LLC Regular 804.67 242364 12/01/2023 Gouveia Engineering lnc. Regular 9,078.95 242365 12
/01
/2023 Henley Pacific, LLC Regular 298
.45
242366 12
/01/2023 Hilario Izaguirre Regular 50
.00
242367 12
/01/2023 Killingsworth Gear Regular 321.00
242368 12
/01/2023 Language Line Services Regular 52.64
242369 12
/01/2023 Lanier Plans, lnc. Regular 3,610.28
242370 12/01/2023 Livingston Hardware, lnc. Regular 1,120.17 242371 12/01/2023 Los Banos Unified School District Regular 2,240 .00
242372 12/01/2023 Mark Thomas & company. lnc. Regular
2,451.00
242373 12/01/2023 Marfab Inc Regular 1,968.22
242374 12/01/2023 Matson Alarm Co Inc Regular 195.00
242375 12/01/2023 Merced Chevrolet Inc. Regular 1,263.33 242376 12/01/2023 Merced County Environmental Health Regular 6,047.00 242377 12
/01/2023 Merced Truck & Trailer Inc Regular 259
.51
242378 12
/01/2023 Monterey Auto Services Inc. Regular 240
.00
242379 12
/01/2023 Napa Auto Parts of Los Banos Regular 115.73
242380 12/01/2023 O'Dell Engineering Regular 6,415.00
242381 12/01/2023 OSE Regular
1,120.17
242382 12/01/2023 O'Reilly Auto Parts Regular
1,009.15
242383 12/01/2023 Owen Equipment Sales Regular 2,913.55 242384 12/01/2023 PG&E Company Regular 513.48
242385 12/01/2023 Pacific Water Resources Regular
1,134.22
242386 12
/01/2023 PAPE Machinery Inc. Regular
1,564.19
242387 12/01/2023 PlaceWorks, Inc. Regular 427.60
242388 12
/01/2023 Price Paige and Company CPA's llP Regular
1,942.00
242389 12/01/2023 Proforce I.aw Enforcement Regular
913.50
242390 12/01/2023 Purchase Power Inc Regular 19
.97
242391 12/01/2023 Provident Agency, Inc. Regular
2,921.00
242392 12/01/2023 RAT Incorporated Regular 265
.00
242393 12/01/2023 Razzari Dodge Chrysler Jeep Regular
1,720.78
242394 12/01/2023 Safe T Lite of Modesto, Inc. Regular
5,870.71
242395 12/01/2023 Save Mart Supermarkets Regular 127.37 242396 12
/01/2023 Sherwin Williams Co Regular 282.92
242397 12/01/2023 Robert & Susan Hansen Regular Void 829.46 242398 12
/01/2023 Sorensens True Value Regular
2,087.83
242401 12/01/2023 Sorensens True Value Regular 340.10
242402 12/01/2023 Stanley Access Technologies LLC Regular 2,611.22
242403 12
/01/2023 Technicon Engineering Services, Inc. Regular 459 .00
242404 12
/01/2023 The Gustine Police Department Regular
1,050.00
242405 12/01/2023 Samantha Alison Tova Regular 402
.50
242406 12/01/2023 Triangle Rock Products Regular 461.17 242407 12/01/2023 Tyler Technologies, Inc. Regular 870.00 242408 12/01/2023 Vellutini Corporat
ion Regular 1,536
.00
242409 12/01/2023 Verizon Wireless Regular 821.21
242410 12
/01/2023 VFW & American Legion Regular 990.00
242411 12/01/2023 West Publishing Corporation Regular 444.62 24241 2 12
/01/2023 Windecker Inc Regular 8,453
.02
242413 12
/01/2023 Young's Air Conditioning Regular
267.00
242418 12
/05/2023 Aflac-Customer Service Regular 270
.18
242419 12/05/2023 AFSCME District Council 57 Regular
1,676.82
242420 12/05/2023 Empower Annuity Ins. Co of America Regular 2,947.00
242421 12/05/2023 Empower Annuity Ins. Co of America Regular 1,449.02 242422 12/05/2023 Los Banos Police Assn Regular 1,085.00 242423 12/05/2023 Los Banos Police Assn. Regular 280.00 242424 12/05/2023 Merced County Sheriff Regular 200.00
16 242425 12/05/2023 MissionSquare Regular 441.65
242426 12/05/2023 Mission Square Regular 8,362.50
242427 12/05/2023 Nationwide Retirement Solutions Regular 4,615.33 242428 12/05/2023 Professional Fire Fighter of Los Banos Local 4 703 Regular 1,125.00 242429 12/05/2023 State Disbursement Unit Regular 1,350.00 242430 12/06/2023 Food 4 Less Regular 1,326.34
242431 12/08/2023 CSG Consultants Inc. Regular 7,637.50 242432 12/08/2023 Vincenzo Greco Regular 119.58
242433 12/08/2023 Holt of California Regular 22,940.06
242434 12/08/2023 Elizabeth Martinez Regular 215.00
242435 12/08/2023 Josh Pinheiro Regular 41.34
242436 12/08/2023 Gametirne Regular 160,026.34
242437 12/08/2023 Provost and Pritchard Engineering, Inc. Regular 34,852.08 242438 12/08/2023 Miriam Rivas Regular 172.00
242439 12/08/2023 Miriam Rivas Regular 131.04
242440 12/08/2023 Stantec Consulting Services, Inc. Regular 6,000.00 242441 12/08/2023 Superior Pool Products, LLC Regular 12,165.96 242442 12/08/2023 SWRCB Accounting Office Regular 17,666.00 242443 12/08/2023 W.M. Lyles Co. Regular 14,061.90
242444 12/08/2023 Always Rescue Plumbing Inc Regular 1,500.00 242445 12/08/2023 Amsoi!Inc. Regular 416.20
242446 12/08/2023 Animal Damage Management, Inc. Regular 4,550.00 242449 12/08/2023 Anthony Gomes Regular 1,503.72
242450 12/08/2023 Aramark Uniform Ser Inc Regular 711.23 242451 12/08/2023 AramarkUniform & Career Apparel Group, Inc. Regular 170.69 242452 12/08/2023 AT&T Regular 200.14
242453 12/08/2023 Dorothy June Baker Regular 7,870.23
242454 12/08/2023 BJ's Consumers Choice Pest Control Inc. Regular 238.00 242455 12/08/2023 Boot Barn Regular 371.06
242456 12/08/2023 Bovee Environmental Management, Inc. Regular 1,175.00 242457 12/08/2023 BSK Associates Regular 650.00
242458 12/08/2023 Clark Pest Control Inc Regular 108.00 242459 12/08/2023 Comcast Regular 118.16
242460 12/08/2023 Copy Shipping Solutions Regular 685.13 242461 12/08/2023 Martha Castillo Regular 350.00
242462 12/08/2023 Dos Palos Publishing Company Regular 130.00 242463 12/08/2023 Fun Express LLC Regular 3,298.77
242464 12/08/2023 Holt of California Regular 1,323.39
242465 12/08/2023 Indigo/Hammond & Playle Architects, LLP Regular 2,850.00 242466 12/08/2023 Ingraham Trophies Regular 227.85
242467 12/08/2023 Jerry Witt Regular 2,389.00
242468 12/08/2023 Los Banos Veterinary Services Regular 2,187.76 242469 12/08/2023 Lucas Business Systems Regular 386.51 242470 12/08/2023 Mark Thomas & company. Inc. Regular 3,414.88 242471 12/08/2023 Marfab Inc Regular 35.00
242472 12/08/2023 Merced Chevrolet Inc. Regular 430.73
242473 12/08/2023 Merced County Farm Bureau Regular 350.00 242474 12/08/2023 Merced Truck & Trailer Inc Regular 39.14 242475 12/08/2023 Monterey Auto Services Inc. Regular 50.00 242476 12/08/2023 O'Dell Engineering Regular 250.00
242477 12/08/2023 OSE Regular 75.48
242478 12/08/2023 O'Reilly Auto Parts Regular 26.37
242479 12/08/2023 PG&E Company Regular 258.21
242480 12/08/2023 Pacific Landscape Supply, Inc. Regular 2,442.00 242481 12/08/2023 PSG Fencing Corp. Regular 3,276.00
242482 12/08/2023 Provost and Pritchard Engineering, Inc. Regular 8,666.50 242483 12/08/2023 Protech Security & Electronics, Inc. Regular 132.00 242484 12/08/2023 Quad Knopf, Inc. Regular 2,421.00
242485 12/08/2023 Razzari Dodge Chrysler Jeep Regular 152.76 242486 12/08/2023 Sherwin Williams Co Regular 58.38
242487 12/08/2023 Sorensens True Value Regular 1,168.03 242488 12/08/2023 Sorensens True Value Regular 404.80
242489 12/08/2023 Specialty Distributors, Inc. Regular 260.78 242490 12/08/2023 SWRCB Accounting Office Regular 1,818.00 242491 12/08/2023 The Heil CO Regular 220.00
17 242492 12/08
/2023 Tractor Supply Credit Plan Regular 500.19
242493 12/08/2023 Triangle Rock Products Regular 209
.64
242494 12/08/2023 USA Blue Book Regular 148.03
242495 12/08/2023 Maria Velazquez Barboza Regular 200.00 242496 12/08/2023 Verity Sanitation Supply, LLC Regular 616.18 242497 12/08/2023 Windecker Inc Regular 6,356.13
242498 12/08/2023 Xerox Financial Services Regular 2,819.90 242499 12/08/2023 Carla Hope Regular 143.94
242500 12/08/2023 Kristina Price Regular 40.90
242501 12/08/2023 Maria Rangel Chonqui Regular 37.10
242502 12/14/2023 SU Holdings, Inc Regular 691.51
242503 12/18/2023 Ronny's Inc. Regular 82
,817.84
242504 12/19/2023 Alhambra Regular 101.89
242505 12/19/2023 AAA Business Supplies Regular 126.68
242506 12
/ 19/2023 Amerigas Propane, LP Regular 824.27
242507 12/19/2023 Apex Annex Health Center, Inc. Regular 1,005.00
242508 12/19/2023 Aramark Uniform Ser Inc Regular 2,272.93 242510 12/19/2023 AramarkUniform & Career Apparel Group, Inc. Regular 170.69 242511 12/19/2023 AT&T Mobility Regular 730.69
242512 12/19/2023 AT&T Regular 421.25
242513 12/19/2023 Backflow Apparatus & Valve Co. Regular 121.70 242514 12/19
/2023 Dorothy June Baker Regular 1,669.24
242515 12/19/2023 BJ's Consumers Choice Pest Control Inc. Regular 96.00 242516 12/19/2023 Brinks Inc. Regular 851.34
242517 12/19/2023 Bruce's Tire Inc Regular 340.73
242518 12
/19/2023 BSK Associates Regular 1,868.00
242519 12/19/2023 Mary Jayne Budd-Cintora Regular 350.00 242520 12/19/2023 Cal Traffic Regular 1,519.89
242521 12/19/2023 CEP America California Regular 792.00 242522 12/19/2023 Cintas Corporation No.2 Regular 411.95 242523 12/19/2023 City of Dos Palos Regular 115.00
242524 12
/19/2023 Manuel A Avila Regular 222.06
242525 12
/19/2023 Coffee Break Service Inc. Regular 966.94
242526 12
/ 19/2023 Covanta Holding Company Regular 477.92
242527 12/19/2023 CSG Consultants Inc. Regular 27,893.61 242528 12
/19/2023 LN Curtis & Sons Regular
3,699.20
242529 12/19/2023 Carlos Alberto Cabrera Regular 100.00 242530 12/19/2023 Loraine Castillo Regular 600.00
242531 12/19/2023 Dos Palos Publishing Company Regular 840.00 242532 12/19/2023 Dept of Transportation Regular 8,508.67 242533 12/19/2023 Ducks Unlimited Regular 500.00
242534 12/19/2023 Electric Drives Inc Regular 922.72
242535 12/19/2023 Employee Relations, Inc. Regular 50.00 242536 12
/19/2023 Farmer Brothers Coffee Regular 314
.18
242537 12/19/2023 Federal Express Corporation Regular 14.00 242538 12
/19/2023 Fehr&Peers Regular 3,855.00
242539 12/19/2023 Halcyon Creek Inc. Regular 14,472.00
242540 12
/19/2023 Henley Pacific, LLC Regular 196
.91
242541 12/19/2023 Hulberg &
Associates, Inc. Regular 1,881.00
242542 12/19/2023 Kone Inc. Regular 819.06
242543 12/19/2023 Language Line Services Regular 9.40
242544 12/19/2023 Lexipol LLC Regular 7,731.74
242545 12/19/2023 Lucas Business Systems Regular
1,555.93
242546 12/19/2023 Mark Thomas & company. Inc. Regular 2,402.31 242547 12/19/2023 Marfab Inc Regular 399.98
242548 12/19/2023 McCrometer Inc. Regular 416
.00
242549 12
/19/2023 Merced Chevrolet Inc. Regular
1,750.46
242550 12/19/2023 Merced County Regional Waste Management Authority Regular 8,230.56 242551 12/19/2023 Merced Truck & Trailer Inc Regular 366.38 242552 12/ 19/2023 Mid-Valley Disposal LLC Regular 280,662.62 242553 12/19/2023 Monterey Auto Services Inc. Regular
1,73 1.72
242554 12/19/2023 Normac Inc Regular 1,052.50
242555 12/19/2023 OSE Regular 72.61
242556 12/19/2023 David Oliveira Regular 1,147
.50
242563 12/19/2023 O'Reilly Auto Parts Regular 123.91
18 242564 12
/19/2023 Owen Equipment Sales Regular 4,293.29
242565 12/19/2023 PG&E Company
Regular 10,225
.19
242566 12/19/2023 Pace Supply Corp. Regular 128
.91
242567 12
/19/2023 PAPE Machinery Inc . Regular 24
.24
242568 12/19/2023 PSG Fencing Corp. Regular 7,900
.00
242569 12/19/2023 Pitney Bowes Inc Regular 697.94
242570 12/19/2023 Provost and Pritchard Engineering, Inc. Regular 21,717.83 242571 12/19/2023 Purchase Power Inc Regular
3,045.00
242572 12/19/2023 Protech Security & Electronics, Inc. Regular 366.00 242573 12
/19
/2023 RAT Incorporated Regular 265.00
242574 12/19/2023 Leticia Rodriguez Regular 525
.00
242575 12
/19
/2023 SNAPCD Regular
1,683.00
242576 12/19/2023 Save Mart Supermarkets Regular 23
.54
242577 12
/19/2023 Frank Silveria Regular 600.00
242578 12
/19/2023 Southern Tire Mart, LLC Regular 510.45
242579 12
/19/2023 Springbrook Software, Inc. Regular 2,141.00
242580 12/19/2023 Sorensens True Value Regular 1,311.53 242582 12/19/2023 Sorensens True Value Regular 20.01
242583 12/19/2023 Superior Pool Products, LLC Regular 6,291.45 242584 12/19/2023 SWRCB Accounting Office Regular 34
,277.00
242585 12/19
/2023 Laura Sanchez Regular 300.00
242586 12/19/2023 Shinnick & Ryan Regular 600.00
242587 12
/19/2023 Telstar Instruments Regular
6,621.74
242588 12/19
/2023 Technicon Engineering Services, Inc. Regular 2,841.50 242589 12/19
/2023 Triangle Rock Products Regular 95
.87
242590 12/19/2023 Tyler Technologies, Inc. Regular 36
,801.11
242591 12/19/2023 USA Blue Book Regular 600.87
242592 12/19/2023 Verizon Wireless Regular
1,122.05
242593 12/19/2023 Windecker Inc Regular 28,500.61
242594 12/19/2023 Young's Air
Conditioning Regular 198.00
242598 12/20/2023 Aflac-Custom
er Service Regular 235.68
242599 12
/20/2023 AFSCME District Council 57 Regular 1,611.63
242600 12
/20/2023 Empower Annuity Ins. Co of America Regular 2,947.00 242601 12
/20/2023 Empower Annuity Ins. Co of America Regular 1,449 .02
242602 12
/20/2023 Los Banos Fitness & Racquet Club Regular 265
.00
242603 12
/20/2023 Los Banos Police
Assn Regular
1,015.00
242604 12/20
/2023 Los Banos Police
Assn. Regular 245
.00
242605 12/20/2023 Merced
County Sheriff Regular 200
.00
242606 12/20/2023 MissionSquare Regular 441.65
242607 12/20/2023 MissionSquare Regular 6,600
.00
242608 12/20/2023 Nationwide Retirement Solutions Regular 4,215.33 242609 12/20/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 1,125.00 242610 12/20/2023 State Disbursement Unit Regular 1,350.00 242611 12
/20/2023 Westamerica Bank
- Cafeteria Plan Regular 88,609.87
242613 12
/20/2023 Apex Annex Health Center, Inc. Regular 200
.00
242614 12/20/2023 Aramark Uniform Ser Inc Regular 635
.77
242615 12/20/2023 AT&T Regular
3,982.06
242616 12
/20/2023 AT&T Regular 149
.80
242617 12
/20/2023 Dorothy June Baker Regular 130.45
242618 12/20/2023 BJ's Consumers Choice Pest Control Inc. Regular 137.00 242619 12/20/2023 Boot Barn Regular 181.06
242620 12/20/2023 Bovee Environmental Management, Inc. Regular 750.00 242621 12/20/2023 BSK Associates Regular
1,612.00
242622 12/20/2023 CENCAL Ma
chine & Fabrication Inc. Regular 39.20
242623 12/20/2023 Central Valley Cardiovascular Group Inc. Regular 400.00 242624 12
/20/2023 Clark Pest Control Inc Regular 108.00
242625 12
/20/2023 Craigo Investments Inc. Regular 283.18
242626 12/20/2023 Lamar
A. Cununings Regular 289.
70 242627 12/20/2023 Federal Express Corporation Regular 46.08 242628 12/20/2023 Food 4 Less Regular 313.00
242629 12/20/2023 Grainger Parts Operations Regular 223.92 242630 12/20/2023 Halcyon Creek Inc. Regular
2,164.72
242631 12/20/2023 Carissa Herrera Regular 600
.00
242632 12/20/2023 Brent Kuhn Regular 30,195.00
242633 12
/20/2023 Crystal Martinez Regular 12,900.00
19 242634 12/20/2023 NDN International LLC
242635 12/20/2023 Outfront Media Inc.
242636 12/20/2023 PG&E Company
242637 12/20/2023 Price Paige and Company CP A's LLP
242638 12/20/2023 Ronny's Inc.
242639 12/20/2023 Law Offices of William A Vaughn
Break in check sequence due to the following:
Check #242283 - #242294 (Payroll)
Check #242296 (Manual Void)
Check #242299 - #242300 (Manual Void)
Check #242323 - #242324 (Manual Void)
Check #242414 - #242417 (Payroll)
Check #242399 - #242400 (Manual Void)
Check #24244 7 - #242448 (Manual Void)
Check #242509 (Manual Void)
Check #242557 - #242562 (Manual Void)
Check #242581 (Manual Void)
Check #242595 - #242597 (Payroll)
Check #242612 (Payroll)
Regular
Regular
Regular
Regular
Regular
Regular
Payment Type
Regular Checks
Manual Checks
Voided Checks
321
0 320
1,730.04
6,000.00
186,557.96
21,283.00
170,984.62
26,484.47
Payment
2,659,365.04
0.00 829.46
2,658,535.58
20 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
November 15, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Chief Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert, Douglas Begonia, Jr., Brett Jones, Deborah Lewis and Mayor Paul Llanez.
STAFF MEMBERS PRESENT: City Manager Josh Pinheiro, City Attorney Vaughn, Police Chief Reyna, Fire Chief Tualla, Community & Economic Development Director Elms, Interim Finance Director Brent Kuhn, Interim Public Works Director/City Engineer Lemus, Interim Parks and Recreation Director Heim, Assistant City Clerk/HR Analyst Blevins.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the City Council Meeting agenda as submitted. The motion carried by the following roll call vote: AYES: Lambert, Begonia, Jones, Lewis, Llanez; NOES:
None; ABSENT: None.
PRESENTATIONS - CERTIFICATE OF RECOGNITION TO CITY OF LOS BANOS
FINANCE DEPARTMENT STAFF FOR RECEIVING THE GOVERNMENT FINANCE
OFFICERS ASSOCIATION'S CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR 2021-2022. Mayor Llanez spoke to the Department's achievement and presented staff with the certificate.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mike Hughes spoke regarding the Veterans Parade and how they have Patriotic Awards to present to the parade winners. The winners are: Elementary School - Mercey Springs Elementary School; Junior High School - Los Banos Junior High School; High School- Pacheco High School.
Awards were also presented to the VFW and American Legion for putting on the parade event; KA THY BALLARD, asked if she was able to speak now and later again during the actual items she has interest in. She spoke to the Imagine Way More contract, how they have only been in business since August and how their bid is very scarce. The other bids 21 were also not included in the staff reports. She would like to see students utilized for these skills and further questioned the $7,500 per month fee; BLANCHE, spoke to how she lives in downtown area District 4 and would like to congratulate the council/mayor on their upcoming anniversaries. She spoke to how they all should have received a booklet on conduct and structure when taking office and how there are trainings that some commissioners get sent to on various topics including how to treat employees. She feels it is important that City employees get treated fairly and that people abide by the advice given by the City Manager. There is too much fussing and fighting and she encouraged all to be kinder to one another; REPRESENTATIVE OF CONGRESSMAN DUARTE'S OFFICE, spoke to how he was happy to be a part of the Ribbon Cutting Ceremony for the new Police Department facility. The Congressman was happy to participate in Veterans Day here and around the area. He further spoke to various projects the congressman is currently working on and how they will benefit those who live in the valley; ANN MCAULEY stated that she is proud of new police station and how it is a phenomenal facility with its state-of-the-art equipment and is also happy to have a new Police Chief.
She spoke to how she used to work in the Bay Area and would have to take time off in order to attend council meetings. She doesn't feel the need to change council meeting times; JULIE CREIGHTON spoke to how the treatment of Council Member Lewis is unacceptable and that people should be focusing on the good things she does instead of putting her down. She has a lot of knowledge to share; MEMBER OF THE PUBLIC stated that he had an issue with Finance Department staff today and he wanted to speak to Council Member Lewis about the issue. He claims he's been harassed for 23 years; CAMMI AVELLAR spoke to the homeless issue on the rail trail and believes that claims of how they cannot be moved is inaccurate. They are damaging property in the area by cutting down trees. She told the City Manager that it is his responsibility to have an open dialogue with the public regarding the issue. She is requesting an open meeting with Code Enforcement and the homeless support staff. On another note, she spoke to how agenda items are being hidden in consent. She noted how Interim Finance Director Kuhn's contract references job responsibilities that are more aligned with a City Manager rather than a Finance Director. She spoke to how local gym owners are claiming that they were threatened and intimidated by a Council Member and how the City Manager needs to investigate who did that; MEMBER OF THE PUBLIC stated that Council acts like scarecrows and that they don't do anything anymore. She spoke to the ongoing homeless issues behind her house and how a wooden home has been built with a solar panel.
There are lies upon lies and some type of action is needed; GRACIANO RUBIO spoke to Brent Kuhn's contract and how he has travel costs that were paid by the city when they shouldn't have been. In addition, he has no proper insurance as stated in the contract.
He further spoke to how there has been discrimination during ARPA grant selections, noting the scoring system and how the City has not been upfront in providing scores for the small business grants as he has been requesting. He made an additional request for the scoring of the small business grants; REFUGIO LLAMAS spoke to the upcoming 80th commemoration event and provided a background of that day and how two families were heavily affected by the historical event. He further spoke to how agenda items continue to be pushed onto consent when they shouldn't be which is why Council Member Lewis continues to pull the items off of consent for discussion. He questioned what the City is getting out of the $1.8 million settlement. In regards to the intimidation of the local gym owner, that is corruption and he requested that the Mayor look into this situation; MARIBEL, Los Banos Downtown Association, stated the Winter Lighting Celebration will 22 be held on November 30 and will include story time, multiple vendors, a window decorating contest, and a lot of other activities; MEMBER OF THE PUBLIC said they wanted to second what people have been saying about what's been going on. Council Member Lewis has a lot to say and has many great points to make. They don't understand how things are fair for City residents and money is being spent in irresponsible ways. The things that are happening have been approved by the things the taxpayers asked for are not being done; GENE JOHNSON, President of the Merced County Republican Assembly wanted to introduce himself and invite others in the community to check out the organization; ROY TODD, Los Banos Chamber of Commerce, provided a brief update on members, what's been going on, and what is upcoming. He gave Joe Heim kudos on his Recreation Program Book, saying it was very impressive. He is also impressed and pleased with the new Police Station; KA THY UHLEY spoke to the Imagine Way More LLC item on the agenda, how the work looks good but the amount of money being spent could be put towards other services the City really needs, such as a low cost spay and neuter clinic. It would be great to see grant funds go towards other services such as that instead.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lambert, seconded by Jones to approve the consent agenda as follows: Check Register for #241668 - #242033 in the Amount of $2,288,086.79; City Council Resolution No. 6707 Authorizing the City Manager to Execute a Professional Service Agreement with Imagine VVay More, LLC for Social Media Content Services not to Exceed $7,500 per Month; City Council Resolution No. 6708 - Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 10 and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.); City Council Resolution No. 6709 - Ratifying the City Manager's Approval of the Employment Agreement with Parks and Recreation Director Joseph R. Heim. The motion carried by the following vote: AYES: Lambert, Begonia, Jones, Lewis, Llanez; NOES: None; ABSENT: None.
Council Member Lewis requested to pull Item B - City Council Resolution No. 6707 - Authorizing the City Manager to Execute a Professional Service Agreement with Imagine Way More, LLC for Social Media Content Services not to Exceed $7,500 per Month for discussion.
Mayor Llanez recused himself from discussions related to Item B but did not provide an explanation as to what the conflict was. He exited the room.
Community & Economic Development Director Elms presented Item B and provided information of how there was a Request for Proposal released, where it was advertised and why the services are needed.
Council Member Lewis presented some questions she had about the process, the term of the contract, the consultants, and why certain items were not included in the staff report.
She further noted that the consultant's lnstagram page has controversial slurs and obscenities on their page and she doesn't feel the City should be doing business with them. Council Member Jones stated that he doesn't feel comfortable moving forward with this item knowing what he knows now and he asked for the item to be pushed to a later date.
23 Motion by Jones seconded by Begonia to table Item Bon consent for future date. The motion carried by the following vote: AYES: Lambert, Begonia, Jones, Lewis; NOES:
Lewis; ABSENT: Llanez.
RECESS REQUESTED AT 7:21 PM AND MEETING RECONVENED AT 7:26 P.M.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
AN UPDATE TO THE LOS BANOS ZONING MAP IN ACCORDANCE WITH THE LOS BANOS GENERAL PLAN UPDATE 2042 THAT WAS ADOPATED OCTOBER 19, 2022. THE ZONING MAP UPDATE IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES $ECTON 15162, 15168, 151831 AND 15061 (8 )(3). THE PROPOSED
UPDATE IS ENTIRELY CONSISTENT WITH AND IMPLEMENTS THE GENERAL
PLAN LAND USES ESTABLISHED IN THE GENERAL PLAN, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH #2022010254) WAS PREPARED AND CERTIFIED. Community & Economic Development Director Elms spoke to the history of the item and asked that Council waive the second reading and adopt the ordinance as submitted.
Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Jones, seconded by Lambert to adopt Ordinance No. 1203 - Amending the official zoning map in accordance with the Los Banos General Plan Update 2042. The motion carried by the following vote: AYES: Lambert, Begonia, Jones, Lewis, Llanez; NOES: None; ABSENT: None.
No roll call vote was taken.
CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 6710 -
CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 FOR THE SUBMISSION TO THE QUALIFIED VOTERS
OF THE CITY A MEASURE TO CONVERT THE OFFICES OF CITY CLERK AND CITY
TREASURER FROM ELECTED TO APPOINTED OFFICES, AND REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF MERCED, CALIFORNIA, TO
PROVIDE FOR THE CONSOLIDATION OF THE SPECIAL BALLOT MEASURE
ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; AND
SETTING RULES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST SAID MEASURE. City Manager Pinheiro introduced the item then introduced Chris Skinell with Nielsen Merksamer Parrinello Gross & Leoni, LLP, who is assisting the City with the preparation of these measures. He presented the item and made himself available for questions from the public and staff.
Mayor Llanez opened the forum to allow members of the public an opportunity to speak on the item.
24 KA THY BALLARD spoke to how she believes the clerk/treasurer should be elected , not appointed, and also feels it is not necessary for the individual to be a City employee. She has a right to vote for whoever she wants in this official title and wants to keep it that way.
She questioned why cities are making the change and feels that Lucy, the current City Clerk, is doing a great job; MR. GONZALEZ stated that these hired attorneys endorse corruption. He claimed there is a nepotism issue as it relates to the - these attorneys endorse corruption - spoke to how there is nepotism issues as it relates to consent agenda item b- the social media contract. Mayor Llanez claimed there was no nepotism issue and that the public must stick to the current topic that is being discussed; PATRICIA MCCOY stated she does not want it to be an elected position; REFUGIO LLAMAS commented that just because other cities are doing it doesn't mean we should be doing it too. It is a consolidation of power and not the right time nor the right council; MIKE HUGHES spoke to how no one in their right mind would do this as an elected person; ROY TODD spoke to how he applied for the treasurer position and thinks the public should be able to vote on this and whatever happens, happens. No one else came forward to speak.
There was Council Member and staff discussion regarding how much this special election is going to cost, what the salary will be, and when it will take effect. Mayor Llanez encouraged members of the public to vote and let the vote decide.
Motion by Lambert, seconded Jones to approve City Council Resolution No. 6710 - Calling and giving notice of a special municipal election to be held on Tuesday, March 5, 2024 for the submission to the qualified voters of the city a measure to convert the offices of City Clerk and City Treasurer from elected to appointed offices, and requesting the Board of Supervisors of the County of Merced, California, to provide for the consolidation of the special ballot measure election with the statewide direct primary election to be held on March 5, 2024, pursuant to section 10403 of the Elections Code; and setting rules for arguments and rebuttals for and against said measure. The motion carried by the following vote: AYES: Lambert, Begonia, Jones, Llanez; NOES: Lewis; ABSENT: None.
CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 6711 -
CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 51 2024 FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY A MEASURE TO EXTEND THE TERM OF MAYOR FROM TWO (2) YEARS TO FOUR (4) YEARS, AND REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF MERCED, CALIFORNIA, TO PROVIDE FOR THE
CONSOLIDATION OF THE SPECIAL BALLOT MEASURE ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; AND SETTING RULES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST SAID MEASURE.
Mayor Llanez recused himself from the discussion of this item and left the room.
Chris Skinell with Nielsen Merksamer Parrinello Gross & Leoni, LLP, who is assisting the City with the preparation of these measures. He presented the item and made himself available for questions from the public and staff.
25 Mayor Pro Tern Lambert opened the forum to allow members of the public an opportunity to speak on the item.
KA THY BALLARD, asked Mr. Skinnell about the terms when council switched to districts and noted she would like to see terms for all officials changed from four years to two years; ROY TODD, knows this measure will pass. No one else came forward to speak.
Council Member Jones spoke to how it wouldn't be a good idea to have elected officials on two-year terms because things can't get done in that short amount of time. Chris Skinnell also stated that it isn't possible for council members to have a two-year term.
Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6711 - Calling and giving notice of a special municipal election to be held on Tuesday, March 5, 2024 for the submission to the qualified voters of the city a measure to extend the term of Mayor from two (2) years to four (4) years, and requesting the Board of Supervisors of the County of Merced, California, to provide for the consolidation of the special ballot measure election with the statewide direct primary election to be held on March 5, 2024, pursuant to section 10403 of the Elections Code; and setting rules for arguments and rebuttals for and against said measure. The motion carried by the following vote: A YES:
Lambert, Begonia, Jones, Llanez; NOES: Lewis; ABSENT: None.
CONSIDERATION OF CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 201 2023 DUE TO THE HOLIDAY SEASON.
Motion by Jones, seconded by Lamber to cancel the regular city council meeting scheduled for Wednesday, December 20, 2023 due to the holiday season. The motion carried by the following vote: AYES: Lambert, Begonia, Jones, Lewis, Llanez; NOES:
None; ABSENT: None.
ADVISEMENT OF PUBLIC NOTICES (No Report).
CITY MANAGER REPORT.
City Manager Pinheiro congratulated the Finance Department on their award. He also congratulated Joe Heim on his new appointment as the Parks and Recreation Director.
He spoke to how he attended the ribbon cutting event for the new police station and the swearing in ceremony for Police Chief Reyna. He reminded the public that Breakfast with Santa tickets are on sale and the Christmas Parade is coming up which includes the tree lighting ceremony. He noted that there is a new digital sign board at the community center, trees are being trimmed around town, new playgrounds are being installed and decorations are going up which is creating a festive atmosphere.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND SAN
JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS
BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBPBID).
26 There were no reports for the San Joaquin Valley Air Pollution Control District or MCAG.
Council Member Jones spoke regarding the Winter Celebration being held downtown on November 30 from 6 p.m. to 9 p.m.
DEBORAH LEWIS: Council Member Lewis congratulated Joe Heim and thanked him for his dedication. She also congratulated Police Chief Reyna on his appointment and thanked former Police Chief Gary Brizzee for all of his years of service to the City. She asked City Attorney Vaughn if the requests for the records relating to the ARPA funds have been responded to for which City Attorney Vaughn stated that records have been provided. She requested an update on the grant application for the Project Home Key.
LAMBERT: No report.
BEGONIA: Council Member Jones spoke to the great event at the new police station and how the Veterans Day Parade was also a nice event.
JONES: Council Member Jones congratulated Joe Heim on his new appointment. He spoke to how beautiful the new police station is and thanked the VFW and American Legion for their work on the Veterans Day Parade.
LLANEZ: Mayor Llanez thanked everyone for attending the new police station event and congratulated Joe Heim on his appointment. He spoke to the homeless issues going on in town and how there are a lot of moving pieces to the issue. There are some claims being put out there that are inaccurate and he wants the public to know that if staff is being attacked, he will defend them by any means necessary. He hopes everyone has an amazing Thanksgiving. There was a family from Pacheco High School that suffered a major loss this year and his heart goes out to them.
Motion by Lambert, seconded by Jones to adjourn the council meeting. The motion carried by the following vote: A YES: Lambert, Begonia, Jones, Lewis, Llanez; NOES:
None; ABSENT: None.
ADJOURNMENT. The meeting was adjourned at 8:30 PM.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 TO:
FROM:
DATE:
LOsBanos
I tht· Ilia
Agenda Staff Report
Mayor and City Council Members
Jose Lemus, P.E., Public Works Director/City Engineer.pZ--- January 3, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: First Amendment to the Agreement for Contract Services with SynagroWWT, Inc. for the Biosolid Removal at the Wastewater Treatment Plant and amend the 2023-2024 Fiscal Year Budget to increase expenditures in the Wastewater Fund Professional Services
Recommendation:
That the City Council adopt the Resolution to:
1. Amend the 2023-2024 Fiscal Year Budget to increase expenditures in the Wastewater Fund Professional Services Account 502-433-100-231 by $1,497,724.52; and
2. Authorize the City Manager to execute the First Amendment to the Agreement for Contract Services with Synagro-WWT, Inc. for the removal of additional biosolids in the circulation channels.
Background:
The existing distribution channels have been in place since the inception of the Wastewater Treatment Plant and has accumulated a considerable amount of biosolid. The current system lacks the hydraulic capacity to efficiently deliver waste water between all the treatment and storage ponds within the plant. Additionally, the biosolid is impacting the operation of our gates and valves to where some are inoperable.
This project is time sensitive and is critical to maintain the current operation at the Wastewater Treatment Plant. With a forecast of another wet year in early 2024, this project must be completed prior to the next irrigation season, and in time for potential emergency operation in the Winter and Spring of 2024.
29 Provost & Pritchard provided designs and input for a Request for Proposal (RFP) prepared by City staff for the cleaning of accumulated biosolids from the channels interconnecting the seven wastewater ponds at the City's Wastewater Treatment Plant (WVVf P). City staff set a budget amount of $2.1 million for this work and requested prospective firms to provide a scope of work to meet the assigned budget amount. On August 11, 2023, Public Works released the RFP for Emergency Biosolid Removal.
Synagro-WWT, Inc. was the only firm to respond and provided a scope of work that included removal and disposal of 1,900 dry tons of solids from the channels. In order to meet the assigned budget, it was decided to remove the top 2+/- feet of biosolid from the circulation channels, up to the agreed upon dry tonnage total. On October 4, 2023, City Council adopted a resolution entering into an Agreement for Contract Services with Synagro-WWT, Inc. for the Dredging, Dewatering, Transportation and End Use of Recirculation Channel Solids for $1,997,902.53.
Discussion:
After preliminary operations, it was determined that the impact from the removal of up to 1,900 dry tons would not adequately address the issues at the Wastewater Treatment Plant circulation channels. The dry tonnage that would be needed to improve operations would require a significant increase to the originally agreed upon amount.
After thorough discussions with City staff, City Consultant Provost and Pritchard, and Synagro-WWT, Inc. regarding the most cost-efficient solution to properly address the circulation channels, the determination was made to increase the removal of an additional amount of solids up to 1,760 dry tons. The revised amount is based on the maximum removal of biosolids that can be accessed by the submersible hydraulic dredging device.
The contract amendment, of $1,497,724.52, would increase the total contract to a not to exceed amount of $3,495,627.05. The City will only be charged based on actual work completed with a not to exceed amount as stated. By authorizing this contract amendment, and utilizing the current contractor and operations, the City would eliminate having to restart this project along with having to pay project commencement fees. This would include: project management, permitting, testing, mobilization, demobilization, site preparation and pipeline installation of close to $427,000.00.
Fiscal Impact:
There are sufficient reserves in Wastewater Fund to permit the additional scope of work, however fund appropriation is needed. Therefore, staff is recommending for City Council to amend the 2023-2024 Fiscal Year Budget to increase expenditures in the Wastewater Fund Professional Services Account 502-433-100-231 by $1,497,724.52.
Brent Kuhn, Interim Finance Director
30 Attachments:
Resolution
First Amendment
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FIRST
AMENDMENT TO THE AGREEMENT FOR
CONTRACT SERVICES WITH SYNAGRO-WWT,
INC. AND AMEND THE 2023-2024 FISCAL YEAR
BUDGET TO INCREASE EXPENDITURES IN THE
WASTEWATER FUND.
WHEREAS, on October 11, 2023 City and Contractor entered into the current Agreement for Contract Services for Biosolid Removal at the Los Banos Wastewater Treatment Plant Recirculation Channel System to wit: Agreement for Contract Services Between the City of Los Banos and Synagro-WWT, Inc., for the Dredging, Dewatering, Transportation and End Use of Recirculation Channel Solids; WHEREAS, after thorough discussions with City Staff, City Consultant Provost and Pritchard, and Contractor, City Staff has determined that the removal of an additional amount of solids up to 1,760 dry tons is the most cost-efficient solution to properly address the circulation channels; and
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2023-2024 budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed amendment would increase expenditures by $1,497,724.52 in the Wastewater Fund Professional Services Account 502-433-100-231.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Amend the 2023-2024 Fiscal Year Budget to increase expenditures in the Wastewater Fund Professional Services Account 502-433-100-231 by $1,497,724.52; and
2. Authorize the City Manager to execute First Amendment to the Agreement for Contract Services with Synagro-WWT, Inc. for the removal of additional biosolids in the circulation channels.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of January 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:
33 AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
34 FIRST AMENNDMENT TO
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF LOS BANOS AND SYNAGRO-WWT, INC., FOR
THE DREDGING, DEWATERING, TRANSPORTATION AND END USE OF
RECIRCULATION CHANNEL SOLIDS
[City of Los Banos Wastewater Treatment Plant Recirculation Channel System] THIS FIRST AMENDMENT to Agreement for Contract Services is made and entered into this day of January _, 2024, between CITY OF LOS BANOS, a California municipal corporation ("City") and SYNAGRO-WWT, INC. a Maryland corporation ("Contractor");
RECITALS
A. WHEREAS, on October 11, 2023 City and Contractor entered into the current Agreement for Contract Services for Biosolid Removal at the Los Banos Wastewater Treatment Plant Recirculation Channel System to wit: Agreement for Contract Services Between the City of Los Banos and Synagro-WWT, Inc., for the Dredging, Dewatering, Transportation and End Use of Recirculation Channel Solids ("Agreement");
B. WHEREAS, after preliminary operations, it has been determined that the impact from the removal of up to 1,900 dry tons of solids as set forth in the Agreement will not adequately address the issues at the wastewater treatment plant recirculation channel system; C. WHEREAS, after thorough discussions with City Staff, City Consultant Provost and Pritchard, and Contractor, City Staff has determined that the removal of an additional amount of solids up to 1,760 dry tons is the most cost-efficient solution to properly address the circulation channels; and
D. WHEREAS, City and Contractor desire to amend the Agreement to increase the removal of solids up to an additional 1,760 dry tons; and E. WHEREAS, City has requested and contractor has provided a proposal for the removal of solids up to an additional 1,760 dry tons.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree to amend the Agreement as follows:
1. Scope of Work. Exhibit A referred to in Section 1.01 of the Agreement shall be replaced in its entirety by a new Exhibit A attached hereto and incorporated herein by this reference.
2. Compensation. Exhibit B referred to in section 1.02 of the Agreement shall be replaced in its entirety by a new Exhibit B attached hereto and incorporated herein by this reference. Section 1.02 of the Agreement is amended to read as follows:
35 "1.02. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.01 above shall not exceed $3,495,627.05 in accordance with the proposal submitted by the Contractor dated December 20, 2023, new Exhibit B attached hereto and incorporated herein by this reference.
This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be mutually agreed upon by the parties in writing."
3. Time for Performance. Section 1.04 of the Agreement is amended to read as follows:
"1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed the week of March 17, 2024 in accordance with the "Los Banos Schedule" set forth in Exhibit C attached hereto and incorporated herein by this reference. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City."
4. Integration/Effective Date. Except as expressly amended, all other terms and conditions of the Agreement shall remain in full force and effect. This First Amendment shall be effective upon execution of the parties to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates set forth below.
Date: -- 2024 - ---~
Date: _____ ~ 2024
SYNAGRO-WWT, INC. a Maryland
corporation
by:
CITY OF LOS BANOS, a California
municipal corporation
by:
36 ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
37 THIS PAGE IS INTENTIONALLY LEFT BLANK
38 Project Name:
Exhibit A
YOUR PARTNER FOR A CLEANER,
GREENER WORLD
CITY OF LOS BANOS
Emergency Biosolids Removal
Organization and Approach
Synagro is pleased to provide the following work plan for the City of Los Banos (Los Banos). Based on our experience with projects of similar scope and objectives, Synagro is confident that we are well positioned to deliver a successful project that meets the overall goals and objectives of the project. Additionally, based on previous site evaluations, sampling events and previous proposals, we are confident that we have a thorough understanding of the characterizations of the in-place materials. We have conducted several "bench test" means and methods studies in effort to determine the most effective approach for removal, dewatering and disposal.
Based on these studies and several communications with Los Banos staff we are confident that the following work plan will be effective and efficient. Upon successfully negotiating an agreement and receipt of a Notice to Proceed we will begin the initial mobilization activities. The remainder of this document outlines our vision for this important project.
Purpose
The scope of the project is to reduce accumulated solids from the circulation channels, so that Los Banos can move wastewater between the seven (J) wastewater ponds. The project consists of Synagro dredging in 5 circulation channels, centrifuge dewatering the biosolids removed, transport and beneficial use of the resultant dewatered cake.
Proiect Management
Synagro possesses a seasoned staff, experienced in all aspects of the scope of this project.
Beginning with the Operations personnel dedicated to the project and supported by Synagro's unparalleled support staffs technical expertise and regulatory tracking and reporting systems.
The following five (5) individuals are currently scheduled to be dedicated to this project until completion. All individuals will be involved with each phase of the project from mobilization, performance and demobilization. While we cannot foresee every eventuality that may arise, Synagro has ample bench strength to replace any specific individual with another of similar experiences and expertise. Specific bios are provided in Section 2, Qualification and Experience.
Proposal for Emergency Biosolids Removal
39 Lead/Dredge Operator: Mario Mercado
Centrifuge Operator: Jesus Servin
Centrifuge Operator: Kelvin Polanco
YOUR PARTNER FOR A CLEANER, /'If::\
GREENER WORLD V
Equipment Operator/Shoreman: Christopher Bautista
Equipment Operator/Shoreman: Jerry Martinez
As outlined in his bio, Mr. Mercado has over 17 years' experience with Synagro in this industry. He has personally performed every scope and individual position this project requires. He will be Synagro's overall lead on the project and primary dredge operator. The dredge operator position is critical to the efficient performance of the dewatering system and the project as a whole. He will provide oversight and direction to the other project personnel. He is Synagro's main contact for day-to-day operations.
In addition to Mr. Mercado, Synagro staff will include two (2) centrifuge operators to run the three (3) centrifuges planned for the project. They will operate the polymer and dewatering systems to optimize performance for dry ton throughput, polymer consumption, dewatered cake solids and centrate water quality. The final two (2) equipment operator/ shore person positions will perform various support duties, such as assisting with moving the dredge within and between circulation channels, movement of polymer supplies on site, positioning of end dump trailers on site and pipe installation, modification, and removal.
On-site personnel will be supported by staff of Operations Management, Environmental Health & Safety, and technical experts unparalleled in the residuals management industry. A small fraction of which have been outlined in Section 2. They will ensure the project is consistently staffed, supplied, operated, and maintained to efficiently and successfully achieve the project goals.
Project Approach:
Permitting. Tes ting and Coordination
As previously stated, Synagro has already collected multiple samples and performed testing to establish key performance metrics and resultant cake biosolids acceptance at the proposed beneficial use locations and landfill. As a result ofloading transport trailers directly and delivering the dewatered cake primarily to compost facilities for beneficial use, with only a small portion of landfill backup, there is minimal coordination with the County and CVRWQCB. These sites are already covered by Water Board permits for accepting the solids from Los Banos.
Proposal for Emergency Biosolids Removal
40 Mobilization and Pipeline Installation
YOUR PARTNER FOR A CLEANER, ~ GREENER WORLD V
Synagro has already been in contact with materials suppliers for this project. Upon receiving appropriate authorization, Synagro will mobilize personnel, materials, supplies and equipment to the site. Mobilization includes initial dredge placement, dewatering system set up and testing and initial pipeline construction. We will provide five (5) employees during this phase. A third-party crane supplier will be utilized to lift the dredge off a transport trailer and into the initial circulation channel to be dredged. The crane will also be used to pick up the three (3) skid mount centrifuges off transport trailers and place them in the processing area. A certified crane operator will be supplied by the crane vendor. Synagro will place a dredge cable and anchor system and connect the dredge.
They will then connect the dredge via floating hose to the HDPE pipeline. Equipment and materials delivery, dredge and dewatering system setup and testing is anticipated to take approximately 5 operating days. Initial set up of approximately 7,000 linear feet of fused, HDPE pipe will take approximately 11 operating days, somewhat overlapping mobilization days.
Mobilization will be complete when the temporary piping, dredge and dewatering system have been completely installed, tested and Synagro has notified Los Banos the system is ready for operational use.
Dredge. Dewater. Transport and End Use
Upon completion of mobilization and set up, Synagro will commence removal and dewatering operations. The dredge will be used to slurry biosolids and pump to three (3) mixed frac tanks, which will keep the material in suspension, through the fused HDPE pipeline. Feed pumps on each of the three centrifuges will draw from the mix tanks. Polymer will be injected directly into the lines feeding the centrifuges for conditioning. Biosolids will be dewatered within the centrifuges and discharged directly into staged end dump trailers, supplied by a subcontractor (Jess Trucking). No materials will be placed on the ground. Centrifuges and mix tanks will be placed on secondary containment. All electrical equipment will be connected to three (3) generators, supplied by Synagro. Water for polymer dilution and periodic centrifuge wash out will be pumped from a nearby wastewater pond to the dewatering system. Centrate water removed from the biosolids slurry will be returned, via gravity to the adjacent wastewater pond.
The dredge will be held in place by cables anchored to concrete blocks and will traverse the circulation channel via its cable drive. The dredge will remove the maximum accessible sludge from the circulation channels, or as agreed with Los Banos staff, up to the agreed upon dry tonnage total.
Synagro operations will cooperate with Los Banos staff to maximize the removal benefit within the total cost limitations as amended by Los Banos. The dredge will be moved frequently along the circulation channel, with telehandlers moving the concrete blocks.
Transportation will be subcontracted through Jess Trucking. They will use semi road tractors to remove end dumps loaded with dewatered cake biosolids. Trailers will be covered with tarps and Proposal for Emergency Biosolids Removal
41 YOUR PARTNER FOR A CLEANER, /'/f::\
GREENER WORLD V
have sealed, water-tight end gates with turnbuckle locks. Synagro will send the dewatered cake to two compost sites, maximizing beneficial use of the residuals. A small portion of landfill disposal has also been included as a supplemental backup option that will be minimized as much as possible.
Based on capacity and ti.ming, Synagro will manage loads to beneficial use at CVC and Liberty compost sites, as well as Billy Wright Landfill for disposal. This is an important alternative to landfill disposal alone. We anticipate producing approximately 9.5 loads per day. We expect approximately 7.5 loads will go to the compost sites and two (2) will be sent to disposal.
On-site Relocation of Dredge
Upon completion of mobilization and set up, Synagro will commence removal and dewatering. On site dredge relocation will be accomplished through a third-party mobile crane service and their certified operator. In each case, Synagro staff will remove the cable connections and disconnect the dredge from floating pipe. The floating pipe, cables and anchor blocks will be transported with telehandlers to the next channel to be dredged. The dredge will be picked from the previous circulation channel and placed on a flatbed semi-trailer. It will be transported on site to the next circulation channel, where it will be pickup up off the trailer with the relocated crane and placed into the next channel. Synagro staff will connect it to the repositioned cables and attach floating dredge pipe to the bank. Each of these moves will be accomplished within one operating day.
On-site Pipe Break Down and Reassembly
Simultaneously with relocation of the dredge from channel to channel, Synagro personnel will disassemble necessary portions of the installed pipeline. The pipe will be cut apart using chainsaws, if necessary to change lengths, and/ or disconnecting joints and fittings. The pipe will be relocated via telehandlers to the next configuration and reconnected. If needed, a portable pipe fusion machine will be used to fuse pipe sections together. The new pipe configuration will be water tested prior to recommencing operations. The work of this phase will be accomplished with the same day the dredge is moved to the next circulation channel.
Demobilization and Final Breakdown of Pipeline(s)
Upon completion of processing the dry tons authorized by Los Banos, Synagro will dismantle all pipeline components and disconnect the dredging and dewatering equipment. A third part crane supplied will be utilized to pick up the disconnected dredge and place it on a transport trailer for removal from the site. Centrifuges will be disconnected and loaded onto transport trailers with a third-party crane and operator. All equipment will be removed from the site and returned to Synagro or a rental supplier as appropriate. The pipeline will be disconnected and dismantled at fittings. Fused pipe sections will be cut into manageable lengths with chainsaws. Pipe and fittings will be placed on transport trailers and removed from the site or be placed in an on-site location designated by Los Banos, if the purchase option is exercised. Movement of on-site pipe will be accomplished by Synagro personnel with telehandlers and potentially with transport trailers, depending on the location to be placed.
Proposal for Emergency Biosolids Removal
42 YOUR PARTNER FOR A CLEANER, ~ GREENER WORLD V
Key Personnel Resumes/Bios and Organizational Chart
Personnel Bios
Mario Mercado. Dredge/Lead Operator
Mario Mercado is responsible for operation of various projects for Synagro's West Region event dewatering business. In this position, he performs safety inspections, planning, mobilization, demobilization, operation of dewatering equipment (belt filter press and centrifuge, polymer systems, equalization of flow pumps and discharge pumps, conveyance and loading systems), coordination with subcontractors, trucking logistics for loading within plant, scaling of loaded vehicles for proper weights, maintenance and repair.Mr. Mercado has been with Synagro since 2006 and has served as the Lead Operator for mobile mechanical dewatering in Southern California, Northern California, Oregon, Montana and Washington. These project scopes included the removal and mechanical dewatering of biosolids from lagoons and digesters. (esus Servin. Lead/ Centrifuge Operator
Jesus Servin is responsible for operation of various projects for Synagro's West Region event dewatering business. In this position, he performs safety inspections, planning, mobilization, demobilization, operation of dewatering equipment (Belt filter press, centrifuge, polymer systems, equalization of flow pumps and discharge pumps, conveyance and loading systems), coordination with subcontractors, trucking logistics for loading within plant, scaling of loaded vehicles for proper weights, maintenance and repair.
Mr. Servin has worked for Synagro from 2017-2021, re-joined May, 2023 and has served as the Centrifuge Operator for mobile mechanical dewatering in Southern California, Northern California and Washington. These project scopes included the removal and mechanical dewatering of biosolids from lagoons and digesters.
Kelvin Polanco, Centrifuge Operator
Kelvin Polanco is responsible for operation of various projects for Synagro's West Region event dewatering business. In this position, he performs safety inspections, planning, mobilization, demobilization, operation of dewatering equipment ( centrifuge, polymer systems, equalization of flow pumps and discharge pumps, conveyance and loading systems). Apart from this, he is also responsible for maintainence and daily inspection of centrifuges.
Mr. Polanco has been with Synagro since 2020 and has served as the Centrifuge Operator for mobile mechanical dewatering in Southern California, Northern California and Washington. These project Proposal for Emergency Biosolids Removal
43 YOUR PARTNER FOR A CLEANER, /'If::\
GREENER WORLD V
scopes included the removal and mechanical dewatering of biosolids from lagoons.
Christopher Bautista. Equipment Operator
As an equipment operator, Christopher Bautista is responsible for operation of various projects for Synagro's West Region event dewatering business. In this position, he will run equipment such as centrifuges, telehandler, and other equipment that is necessary to run the lagoon dewatering project.
He is also responsible for performing other duties such as watching mix tank, mixing polymers etc.
Mr. Bautista has been with Synagro since 2021 and has served as the Centrifuge Operator as well as shoreman for mobile mechanical dewatering in Southern California, Northern California and Washington. These project scopes included the removal and mechanical dewatering of biosolids from lagoons.
Jerry Martinez, Equipment Operator
As an equipment operator, Jerry Martinez is responsible for operation of various projects for Synagro's West Region event dewatering business. In this position, he will run equipment such as centrifuges, telehandler, and other equipment that is necessary to run the lagoon dewatering project.
He is also responsible for performing other duties such as watching mix tank, mixing polymers etc.
Mr. Martinez has been with Synagro since 2022 and has served as the Centrifuge Operator as well as shoreman for mobile mechanical dewatering in Southern California, Northern California and Washington. These project scopes included the removal and mechanical dewatering of biosolids from lagoons.
Carlos Ibarra, Lead Operator
As Lead Operator, Carlos Ibarra is responsible for operation of various projects for Synagro's \Vest Region event dewatering business. In this position, he performs safety inspections, planning, mobilization, demobilization, operation of dewatering equipment (belt filter press and centrifuge, polymer systems, equalization of flow pumps and discharge pumps, conveyance and loading systems), coordination with subcontractors, trucking logistics for loading within plant, scaling of loaded vehicles for proper weights, maintenance and repair.
Mr. Ibarra has been with Synagro since 2001 and has served as the Lead Operator for mobile mechanical dewatering in Southern California, Northern California, Oregon, and Washington. These project scopes included the removal and mechanical dewatering of biosolids from lagoons and digesters.
Proposal for Emergency Biosolids Removal
44 Mark Miller. Director, Process Improvement
YOUR PARTNER FOR A CLEANER, ~ GREENER WORLD V
In his role as Director, Process Improvement, Mark is responsible for assisting Operations with program development, commissioning, and ongoing process improvements. He has responsibility for dredging, digester cleaning, and dewatering operations within Synagro's Central and Northeast Regions, reporting to the Director of Sales and Operations Planning. Mark is involved with project scoping, equipment selection, and process performance and improvement. Mark has 30 years' experience with Synagro in the beneficial use industry, managing water, wastewater, paper mill, and food residuals. His experience includes land application, composting, and thermal facilities. In addition to his over 20 years of management experience, culminating with leadership of Synagro's Services Division providing beneficial use services to hundreds of communities and industrial generators across 38 States, he has been personally responsible for initiating and growing multiple WTR beneficial use programs within Michigan and multiple other midwestern States. Mark holds a B.S. Degree in Crop and Soil Sciences from Michigan State University.
Mike Myers, Director-Sales & Operations Planning
Mike Myers is Synagro's director of Sales and Operation Planning. In this role, Mike has national responsibility for all dredging, digester cleaning and dewatering operations. He evaluates equipment and technology, reviews bids and proposals, trains special project teams, establishes corporate guidelines for special projects, and oversees construction of mobile dewatering units as well as installation of permanent, on-site dewatering facilities. His unique, industry-leading knowledge and presence at all startup operations is key to Synagro's excellence in consistently delivering great outcomes for our customers. Mike has had this leadership role at Synagro for 20 years. Prior to Synagro, Mike worked at Whiteford Environmental in their water and wastewater group, where he rose to become the manager of the Special Projects Department. In this role, he was responsible for site surveys, project assessments, bidding and fiscal responsibility for all Special Projects contracts.
Mike is a Nutrient Management Consultant, State of Maryland. He has a Confined Space Certification, Instructor Level, and he attended the Carnegie School of Management. He is a member of the Water Environment Federation.
Simadeet Singh, Technical Services Manager
As Synagro's Technical Services Manager, Simarjeet Singh oversees Synagro's biosolids land application operations in the West Region, primarily in California. He is also responsible for landfill profiling making sure any material Synagro plans to manage through disposal follows the analytical requirements for that landfill. Mr Singh is Synagro's contact for all growers and land owners who participate in Synagro's land application programs and ensures that all regulatory requirements provided by federal, state, and local agencies are followed.
Mr. Singh has a M.S. in Plant Science from the University of California, Fresno.
Proposal for Emergency Biosolids Removal
45 Tonah Kuntz, Safety
YOUR PARTNER FOR A CLEANER, ~ GREENER WORLD V
Jonah is an experienced safety professional dedicated to fostering a culture of safety excellence. With 15 years of proven expertise, he has successfully developed and implemented comprehensive safety programs that prioritize the well-being of employees and the integrity of operations. His strategic approach combines industry regulations with innovative practices, resulting in reduced incidents, increased employee engagement and enhanced operational efficiency. As an effective communicator, Jonah collaborates seamlessly across all levels of an organization, driving awareness and accountability for safety. His commitment to continuous improvement ensures a proactive and adaptive approach to evolving safety challenges. Jonah is a pivotal asset in maintaining a secure and compliant environment, making him an invaluable addition to any project.
Tamie Olivarez. Sr. Technical Services Manager
Jamie has combined work experience with Synagro for nearly five years. With Synagro,Jamie has performed in several roles including Environmental Compliance Manager and Senior Technical Services Manager. Jamie has held roles with other residual management companies including Senior Environmental Manager, Technical Services Manager/ Agronomist, and Regional Manager. Jamie has direct biosolids experience working in the Pacific Northwest as an environmental manager and as a Regional Biosolids Program Coordinator for the Washington State Department of Ecology.
Jamie has a Bachelor of Science degree in Environmental Science with an emphasis in environmental chemistry, with minors in chemistry and biological sciences. Jamie is a Certified Crop Advisor (CCA) through the American Society of Agronomy and holds the additional certificate for the Irrigation and Nitrogen Management Program issued by the CCA Western Region and California Department of Food and Agriculture.
Please See the Following Personnel Resumes:
Proposal for Emergency Biosolids Removal
46 YOUR PARTNER FOR A CLEANER, ~ GREENER WORLD V
Franl< Foster
EHS& T Manager
Synagro Technologies
EHS&T Manager, 2005 to Present
• Provide technical guidance for environmental, health, safety & transportation issues to managers located throughout twelve states.
• Establish, review &/or maintain various regulatory programs as required by OSHA, DOT, EPA, &/or Synagro company
policy.
• Provide training & support to all levels of management, operators, and/ or drivers as needed on various EHS&T topics. • Supervise & train EHS&T assistant in related topics as needed. • Perform internal safety-review audits on at risk locations and ensure compliant follow-up.
• Compile & maintain accident/injury data for all locations. • Prepare monthly training materials and coordinate regional training efforts with management officials.
• Identify employees &/ or areas at risk and develop action plans to ensure prompt improvement.
• Develop manager's supervisory skills to enable self-sufficiency in all areas ofEHS&T.
Allied Waste
Safety Manager/Southeast Region, 2000 to 2005
• Serve as technical resource to managers & supervisors at over 50 facilities (waste hauling, recycle facilities, landfills & transfer stations) covering 4 states (Mississippi, Louisiana, Florida, & Alabama).
Approximately 1,400 employees work from these locations. • Southeast Region ranked #1 in safety performance consistently over the past three years.
• Dotted line reporting from 10+ Safety Point of Contact persons located throughout assigned regional area.
• Provided monthly training to Divisional Safety Representatives on current ES&H issues.
• Participates in defensive driving training (i.e.: SMITH System for Safe Driving, Coaching the Refuse Truck Driver II, etc.)
• Conduct facility safety inspections, perform employee safety observation reports, and perform internal audits, conduct supervisory & employee safety compliance training.
Proposal for Emergency Biosolids Removal
MEMBERSHIP
&LICENSES
Adrnnccd Safety
Certificate (ASC)
National Safety
Council - Certified
Defensive DriYing
Instructor
1\Icmbcr of
National Safety
Council
47 YOUR PARTNER FOR A CLEANER, ~ GREENER WORLD U
• Provide HR guidance to facility managers with respect to hiring, corrective action, disciplinary action, training, etc. for their employees.
• Participate in OSHA and DOT audits, investigations & informal conferences and hearings as needed. • Maintain accident/injury data for all facilities and compare to established goals. • Create various spreadsheets, charts and other tools needed to illustrate & track accident data statistics. • Utilize various computer programs (MS Word, Excel, HRIS, CMS, RMS, etc.) to input, retrieve information.
• Travel extensively to various sites within geographical assigned area. • Established proactive employee safety incentive bonus systems. • Protect the company's interests with respect to regulatory compliance issues. • Assist facility management with applying for and maintaining regulatory permits and licenses. • Investigate insurance liability and employee injury claims for root cause, corrective and disciplinary actions needed and future preventability issues.
• Conduct DOT compliant vehicle inspections on company vehicles. • Establish and monitor employee-training programs.
• Prepare and maintain regulatory required programs (Lockout-Tagout, Hazard Communication, PPE, Confined Spaces, Respiratory Protection, etc.)
Lincare, Inc.
Service Representative, 1999 to 2000
• Operated a commercial motor vehicle to transport and deliver liquid & compressed oxygen, respiratory equipment, and other durable medical equipment to patients' homes, hospitals and nursing facilities. • Maintained class ''B" Commercial Driver's License w/Hazardous Material endorsement. • Prepared daily route assignments for other Service Representatives to ensure effective customer service. • Provided service to approximately 200 customers in southern Alabama & northwest Florida area. • Maintained Food & Drug Administration and Department of Transportation required recordkeeping as needed.
• Maintained inspections, manifests & maintenance files for company vehicles and supplies. • On-call 24-hours to answer technical questions and/or repair customers' breathing equipment.
Proposal for Emergency Biosolids Removal
48 YOUR PARTNER FOR A CLEANER, l'Jlf::.\
GREENER WORLD U
Simranpreet Kaur
Area Operations Director
Synagro Technologies, Inc.
Technical Services Manager- 2016-2022
Area Director 2022 to Present
Responsibilities include operations management of current projects an to provide strategic growth for the business by developing most costefficient planning and solutions; maintain strong relationships with current and future customers; prepare permit applications, nutrient management plan and maps for land-application sites; and understand needs of customers, farmers, regulators and sub-contractors on daily basis for successful operations of the projects, land application of biosolids and create best possible solutions.
University of Nebraska - Lincoln
Graduate Research Assistant, 2013 to 2015
Provided assistance with: planning and conducting research experimen in field and in greenhouse across various location in Nebraska inclu • preparing protocols for field layout, mixing and spraying pesticides, da collection, analysis and interpretation; developing Integrated Pest Management techniques to control glyphosate-resistant Giant Ragwee (Ambrosia Trifida) throughout the growing season; technical informa to farmers about latest developments in pesticide-industry; participati in Field Days organized by universities and private companies; researc presentation in professional meetings and conferences organized by North Central Weed Science Society of America; and supervising lab assistants and giving them directions on conducting experiments. •
Proposal for Emergency Biosolids Removal
EDUCATION
l'NI\'ERSITY OF
NEBRASK.-\ - LINCOLN
l\1.S. in .-\gronomy, 201:i
P.-\NJ:\B
.-\GRICTJTUUJ.
l'NI\'ERSITI' (India)
B.S. in Crop Science, 2012
ACCOMPLISHMEN
TS
• u 1s ll'l :'l rcsc:i re 1
paper~ 011 \IS research
in rcnmn1cd journals
• Permitted - 6UO acres in
Solano Counn· for land
application of biornlids
• Increased capacity by
impw,·ing P.-\1' rates
for crops ar Sih-a Ranch
b\· - :i0° " and al Solano
h,· 25""
• Increased profit by 10° o
and dollar amount bY
S236JJO0 by diYerting
East Ba\' l\ICD ro Silrn
Ranch from landfills
• Supported in preparing
Conditional Use Permit
(Cl"P) and Report of
YX"asre Discharge (R\XD)
for Silrn Ranch
49 YOUR PARTNER FOR A CLEANER, f7::\
GREENER WORLD V
Craig Geyer
REGIONAL VICE PRESIDENT
Synagro Technologies, Inc.
Regional Vice President, August 2021 to Present
Responsible for management of all operational aspects of the Southwest & West Regions for its scope of services which includes land application of liquid and cake biosolids, fixed facility and mobile dewatering, heat drying and pelletization, composting, lagoon and digester cleaning and the marketing of Class A biosolids products.
Area Plant Director, January 2010 to 2021
Responsible for management of Synagro's biosolids management service contract and compost facility operations in the southwestern United States to include daily haul, composting, event operations.
Senior Operations Manager, January 2005 - December 2009 Responsible for management of Synagro's Arizona operations to include operations at the Arizona Soils Compost Facility and California and Arizona daily haul operations.
Operations Manager, October 2002 to December 2004
Responsible for management of the day-to-day operations of Synagro's projects with the City of Phoenix, the City of Mesa, City of Avondale, Arizona City and City of Casa Grande in Southern Arizona.
Gilbert Pump
Construction Superintendent, 2001 to 2002
Supervised construction for water facilities.
Camp, Dresser and McKee
Construction Superintendent, 1999 to 2001
Supervised construction for water and wastewater treatment plants.
Latigo, Inc.
Manager, 1989 to 1999
Assisted with the management and operation of a family-owned business specializing in truck transportation and construction.
Proposal for Emergency Biosolids Removal
EDUCATION
50 435 Williams Court, Suite 100
Baltimore, MD 21220
www.synagrocom
December 20, 2023
Jose Lemus, P.E.
Public Works Director/ City Engineer
411 Madison Ave
Los Banos, CA 93635
ExhibitB
Re: Exhibit D- Fee Schedule RFP: Emergency Biosolids Removal Deaf Mr. Lemus:
SYNAGRO
Synagro-WWT, Inc. (Synagro) is pleased to provide as requested, the updated separate fee schedule for the RFP for Emergency Biosolids Removal.
Synagro appreciates this opportunity. Should you have any questions regarding our submittal please contact John Pugliaresi at (650) 219-6380 or [email protected] or Emil Kneis at (410) 688-4438 [email protected].
We look forward to hearing from you soon.
Warm regards,
Craig Geyer
Regional Vice President
CG/ek
YOUR PARTNER FORA CLEANER, GREENER WORLD
51 THIS PAGE IS INTENTIONALLY LEFT BLANK
52 EXHIBIT D - FEE SCHEDULE
Contractor shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.
Task
1 2
3 4
5 6
7 8
9 Description Unit Unit Price Estimated Total
Units
Project Management Lump $50,898.02 1 $ 50,898.02
Sum
Permitting, Testing
& Coordination Lump $5,766.27 1 $ 5,766.27 County & Sum
CVRWQCB
Mobilization & Site Lump 1 Preparation Sum $80,352.43 $ 80,352.43 Linear Pipeline Installation Feet $31.45 7000 $ 220,150.00 Dredge, Dewater,
Transport and End Dry Tons $758.00 1900 $1,440,200.00 Use of Recirculation (1) Channel Solids
On-site Relocation of
Dredge Each $14,143.16 4 $ 56,572.64
On-site Breakdown
& Reassembly of Each $10,479.10 4 $ 41,916.40
Pipelines
Demobilization &
Final Breakdown of Each $69,496.77 1 $ 69,496.77
Pipelines
City Purchase Cost
of Pipelines for Linear $4.65 7000 $ 32,550.00 Feet Future Use Total Not to Exceed
Price-Base Contract $1,997,902.53
(1) Dry tons are determined by multiplying the actual tonnage removed per scale tickets by the percent solids as determined by a Califoemia state certified laboratory hired by the Contractor. For example, if 100 tons are removed and the percent solids is 32%, the dry ton equivalent for measurement and payment would be 100 x 32% = 32 dry tons. 14 53
Task Description Unit Unit Price Estimated Total
Units
C0-1 Dredge, Dewater,
Transport and End Use of Dry
Recirculation Channel Solids Tons $823.00 1760 $1 ,448,480.00 in excess of base contract (1)
quantity of 1900 DT
C0-2 On-site Relocation of Dredge
(if required) Each $14,143.16 2 $ 28,286.32
C0-3 On-site Breakdown
& Reassembly of Each $10,479.10 2 $ 20,958.20
Pipelines(if required)
Total Not to Exceed PriceChange Order # 1 $1,497,724.52 Total Not to Exceed-including $3,495,627.05 Change Order # 1 Contractor Rate Schedule:
The rate for any authorized additional services is shown below:
Position Title Hourly Rate
Centrifuge Operator $173.29
Telehandler/Pump Operator $164.60
Dredge Operator $176.55
Shore Manager/ Dredge Assistant $159.81
Jockey Truck Operator $139.09
15 54
TO:
FROM:
DATE:
LOsBanos
I lh C, , n ad 01 lrfo, ni i
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Parks and Recreation Di;;;;p
January 3, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Award of Bid for Exterior Painting of the Los Banos Community Center to Perfection Painting Corp and amending the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the Recreation account in the amount of $6,900.00
Recommendation:
That the City Council adopts the Resolution awarding the Exterior Painting of the Los Banos Community Center, and authorize the City Manager to execute the contract agreement in the amount of $46,000.00 to Perfection Painting Corp and amending the Fiscal Year 2023-2024 Budget by increasing the appropriation amount in the Recreation account (100-451-240-205) in the amount of $6,900.00 to provide a total project budget of $52,900.00. The administration of this contract agreement is to be performed by the Public Works Director/City Engineer.
Background:
The Los Banos Community Center, located at 645 7th St., was constructed in 2009 and is one of the premier City-owned buildings. It includes four connecting buildings.
Observation of the buildings showed fading and discoloration of exterior paint throughout the facility. City staff intends to utilize the painting contract with Perfection Painting Corp to paint the exterior of the Los Banos Community Center.
The Public Works Department, released the bid documents for the Exterior Painting of the Los Banos Community Center on November 3, 2023. The bid opening occurred on December 1, 2023.
Discussion:
55 The Los Banos Community Center is a heavily used and visible building that hosts daily activities including youth sports and events. This improvement will provide an aesthetically pleasing investment for the City.
The project includes the painting of the downspouts, wood pillars, and gate entry points.
Pre-finished window frames and doors are not included. The color scheme will match the existing facility colors. Work includes pressure washing the facility, any required priming or scraping and minor repairs to siding and soffit.
The Public Works Department, through the office of the City Clerk, received eleven (11) timely bids. After a detailed review of the submitted bid documents from staff, staff determined that Perfection Painting Corp is the lowest responsive and responsible bidder.
Company:
Pro Group Painting
U.S. National Corp
Primal Paint, Inc.
Anchor Singh Painting, Inc.
Polychrome Construction, Inc.
Satellite Painting Inc.
Perfection Painting Corp
Downey & Son Painting
Color New Co.
Joaquin Painting, Inc.
NBR Painting & Coating, Inc.
Location:
Sacramento, CA
Pacoima, CA
San Jose, CA
Sacramento, CA
Northridge, CA
San Jose, CA
Palmdale, CA
Livingston, CA
Woodland Hills, CA
Modesto, CA
Hayward, CA
Bid Amount:
$83,333.00
$112,850.00
$75,700.00
$69,333.00
$128,600.00
$95,000.00
$46,000.00
$115,646.00
$112,000.00
$79,985.00
$136,130.00
Staff is recommending Perfection Painting Corp be awarded the contract for the Exterior Painting of the Community Center. Staff is recommending a contingency of fifteen percent (15%) in the amount of $6,900.00. The administration of this contract is to be performed by the Public Works Director/City Engineer.
Work is anticipated to begin in March 2024 due to weather concerns. A completion date of April 2024 is targeted.
Fiscal Impact:
Staff is requesting to amend the Fiscal Year 2023-2024 Budget to increase appropriations in the Recreation account, 100-451-240-205, by $6,900.00.The total project budget will be $52,900.00.
Josh Pi Finance Director
Attachments:
56 Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
57 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT WITH
PERFECTION PAINTING CORP FOR EXTERIOR
PAINTING OF THE LOS BANOS COMMUNITY
CENTER PROJECT IN THE AMOUNT OF
$46,000.00 AND A PROJECT CONTINGENCY OF
$6,900.00 AND AMEND THE FISCAL YEAR 2023-
2024 BUDGET BY INCREASING THE
APPROPRIATION AMOUNT IN THE
RECREATION ACCOUNT 100-451-240-205 IN
THE AMOUNT OF $6,900.00
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2023-2024 budget; and WHEREAS, The City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed amendment to the Fiscal Year 2023-2024 budget would increase expenditures by $6,900.00 in the Recreation account 100-451-240-205; and
WHEREAS, the City of Los Banos solicited bids for the Exterior Painting of the Los Banos Community Center, located at 645 7th St.; and WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Perfection Painting Corp provided the lowest responsive and responsible proposal in the amount of $46,000.00; and
WHEREAS, the proposed construction project includes a 15% contingency in the amount of $6,900.00; and
WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, The Public Works Department requests the City Council authorize the City Manager to execute the contract with Perfection Painting Corp for the Exterior Painting of the Los Banos Community Center.
59 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the contract with Perfection Painting Corp for the Exterior Painting of the Los Banos Community Center.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3th day of January 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
60 LOsBanos
At tl,r Crossroads of California
BID OPENING
Construction of Exterior Painting of the Community Center December 1, 2023 - 2:00 p.m.
1. Pro Group Painting
2. U.S. National Corp
3. Primal Paint, Inc.
4. Anchor Singh Painting, Inc.
5. Polychrome Construction, Inc.
6. Satellite Painting, Inc.
7. Perfection Painting Corp
8. Downey & Son Painting
9. Color New Co.
10. Joaquin Painting, Inc.
11 . NBR Painting & Coating, Inc.
Signed:
Sara
\~
Blevins, CMC
Assistant City Clerk/HR Analyst
Joe Heim
Interim Parks & Recreation Director
$ 83,333.00
$ 112,850.00
$ 75,700.00
$ 69,333.00
$ 128,600.00
$ 95,000.00
$ 46,000.00
$ 115,646.00
$112,000.00
$ 79,985.00
$136,130.00
Dated: November 20, 2023
61 THIS PAGE IS INTENTIONALLY LEFT BLANK
62 Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2023 by and between the City of Los Banos, a California municipal corporation ("Owner'') and Perfection Painting Corp. ("Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "Exterior Painting of the Community Center."
The work is generally described as follows: pressure washing, preparing the exterior surfaces of the Community Center, painting the exterior of the building and identification lettering. The time for completion is forty-five (45) calendar days.
Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Eight Hundred Dollars ($ 800.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
63 (D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by City of Los Banos (N) Drawings N/A
(0) Addenda
No. 1 dated November 22, 2023
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such 64 information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO
FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By: --------------- Authorized Representative of Owner
Title: ----------------
By: ------ - --------
Title:
Authorized Representative of
Contractor
----------------
(Attach Acknowledgement for Authorized Representative of Contractor) 65 THIS PAGE IS INTENTIONALLY LEFT BLANK
66 Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of Exterior Painting of The Community Center will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, December 1, 2023 and then at said office publicly opened and read aloud.
The major work consists of pressure washing, preparing the exterior surfaces of the Community Center, painting the exterior of the building and identification lettering.
The time for completion shall be forty-five (45) working days.
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A or C-33.
67 Prospective bidders are required to attend a mandatory pre-bid meeting on November 13, 2023.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 68 LOsBanos
I th alifi n1ia
Agenda Staff Report
TO:
FROM:
Mayor & City Council Members a ~
7 1 c:;:;:r t '2. / is -i,
Jose Lemus, P.E., Interim Public Works Director/City Engineer DATE: January 3, 2024
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southpointe at Regency Park, Phase 10 Recommendation:
That the City Council adopts the Resolution accepting Public Improvements for Southpointe at Regency Park, Phase 10.
Background:
The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In June 2022, the Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approval. The City Council adopted the Resolution No. 6708 approving the Final Map for Southpointe at Regency Park, Phase 10 with accompanying Subdivision Improvement Agreement on November 15, 2023. In December 2021, the developer contacted Public Works for the approval of Improvement Plans for Southpointe at Regency Park, Phase 10. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion the site was inspected and deemed substantially complete by the City's Consultant. In December 2023, the developer contacted Public Works Staff to request acceptance of Public Improvements for Southpointe at Regency Park, Phase 10. 69 Discussion:
The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Place Road to the west, Mission Estates and Verona Subdivisions to the south, and Ward Road to the east, more specifically identified as APN:
424-120-030. The applicant is Stonefield Home, Inc., a California Corporation. The map consists 79 single family lots on 15.83 .:!: acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.
Fiscal Impact:
All public improvements for Southpointe at Regency Park, Phase 10 have been completed by the Developer. A Maintenance Bond in the amount of $55,671.50 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Jo
Attachments:
Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Resolution No. 6708
Brent Kuhn, Interim Finance Director
70 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING PUBLIC
IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 10
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 10 that Public Improvements, for Southpointe at Regency Park, Phase 10 be accepted by the City of Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 10 as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of January 2024 by Council Member _ __ _ who moved its adoption, which motion was duly seconded by Council Member ___ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 73
THIS PAGE IS INTENTIONALLY LEFT BLANK
74 SOUTHPOINTE AT REGENCY PARK PHASE 10 - RECORDED FINAL MAP
OWNER'S STATEMENT
Wf. THE UNDERSIGN£'(). DO HEREBY mrc rHAT WE' ;.R£ TH€ OWNCRS OR HAIi£ SOME RIGHT, nnr. OR IHT(REST or RlCORO IN Tf/[ LANO SHOWN ON THIS MAP. ~ M€ CONSENT TO TN£ PRF:PN?ATIOH ANO RfCORIMTTON OF THIS MAP .• w£' ALSO H!R{IJY OfTC.R" NJ IRREVOCABI.£ D£{)(f'..ATION TO TH£ ·ary OF LOS 8'.NOS. AS O.SOl£NTS, FOR PUBLic 'ils£..tu. Pt.jQUC __ UTN.ITY EASEMtirrs"(PUE). tlf" Ji.so Dff[R AN ~£jJfOICAl10N TO TH£ CITY OF LOS fW.IOS, IN FE£. FOR PUBLIC USE, All STRED" f?IG/lfS OF WAY; W[ ALSO RfUNOUISH ALL ACCESS RJGHTS OF tars 11 • 7HROuGH 2rro AND FR0J.I PUC[ RQA/J; .ALL AS SHOWN ON THIS FINA'-:_ .t«P." -- • - - • 0WN£R: STON~~ ;r:c; .. ~. ciuf;~~ COSIPIJRATION ·.--..... . , BY: - ~ I --· DAT£·
GRcc~ ., -,. . .-.
TRU$Jf.i: rtdrllrr ~llOtfo.L mz.E COUPANY OF CALIFORNIA. A CALJFORN/A CORPORATION B)'I • ...,l4: -- ~ DA rt·
:·? 11,f/6 ,•:-/ /.{. • .:: __ , __ _
._...;.:.~ ·- ~ •)., .. . -., .. ;) e lf'lf.,t, u , , • .,_ . , Pjl(J(r. lffl/: I '•_r
NOTARY STATEMENT
A NOTARY PUBuC OR OTHER OfflCER COilPt..atHG ffflS CCRTlf!CATC VEWf!S ONlr rn£ IOENrlrY or 1HE" \~ w;1° SIGNED THC DDCUI-JENT TO WHICH THTS CERTYICArf IS ATTACHED. AND NOT THE TRI.JTHFUI.N£SS. ~Or? VALIDITY OF THAT OOCI.Nf.NT. - • • -· " · - COUN_TY o,?~ ( I j s 5'. - '
ON"' 1· '.J.. t .. --- , ZflX.._ , BEFORE ME, ' ,,..,_' { A NO'(AR'r'it18oc. PtRSku liPPEARED ...±•:::-:!•!_•.:.:·,_"~•±+-:'.: 14!_'.:l=:c.:'.;.·.;_·~--=:=:::;~~==.:
WHO PROl/£D TO 11£ ON TH£ BASIS OF SA77SFACTORY EVIDENCE TO Bf 1Hf PERSON(S) WHOSE NAUE(S} IS/AR£ SU8Sf;Rf8£!}_ ro TH£_ WlfHIN /NSTfUU£Nr. AND ACKNOWl£DG~P. TO U[}HAr_ljcfi._i-J_[/TfltY f.XE.fUTFD_rflE.SAME_ IN H{S,/Hcy/fHEIR ~U~lEO _C4PAC1rt(lq), ANQ THA[ f1'r'_ljlS/IICR/Tl'j£tR ~Nt,TURE:(~) ()N __ THE_jNSTRUUfN[ THf Plli$pf:l(S)._ ,OR TH£ ENnrt UPON (]£HALF OF WHIC!-1 me ~£~0N(S) ACrcp, £X£fll_TEQ_ TH~_{NSTfJU~NJ1 C[Rnf"Y 0 UNO£R "PENAi.rt OF PERJURY UNDER TH£ LAWS Or THE srAT[ Of ~UroRNIA "rHAT Tl-ft FOREGOING PA~ IS . T'RU£ NID CORREfT.
twrNCSS MY HA.ND
SICN,ITUR(, I., ,.._ ', , CW"'SSION NUM8£R:
PRINCIPAL- cr:Jl1lffY on,us1Nus<'-:-f'b:i...,-.,.~,--- MY COIJ/JISSJON f;rPfR~ ~ -r=-----
NOTARY STATEMENT
I
A NOT.AR. r PU8t.lC OR OTHER OFFICER COIJPLVINC THIS CERT/F/CATC V!RIR[S ONI...Y TH£ ID£NTlrY OF THE '."CCl.l~CY,
sr,ur
INDNiOUA(
oe e,t.r-SRN6il.
WHO
Otf_-Wf:tpm:
sitJ"1H/rrxJm
_ OF"_Tf!AT.~OOC=UccUS~N
~
~r. _· ___
I J)b d
·_-
Rl
-
.fH!ilf
------------
t i5 AltAOiW, ~
COUN!Y OF. /s.s.-
ON f""J T ,. -,.,._.;.2. , 20;,1. BfFORE ME. ---- ~ ------- A N(JW(r 'PUBI.IC, P£RS0!UJI'rAPP£AltED • ro. 4 •._ .;_..,r ... . . "'.:'•
lt1K) ~o TO 1,1£ &I THC BASlS ;. Si4.~2i-ACrORY &OEM:'£ •ia;;..· "'Bi'"' --'1Hl~--=rs~1 ~ ... ~=-~--1.:r~>;')r,s~:,~:.lil= SUBSCRIBED TO Tl-/£ WITHIN INSrRUl,/£NT, AND ACJ<rKJ't¥LEDGED 10 ;J[ rli.AT HE/SHt/THO' EX[CUTE0 TH£ SAi.iE
11.J. MS/1~flH£11? ~urnoii,ZCJ} .ciJ!AClrY(IESj1 AN!) rHAr ilf' HIS/ti(R/IHOR .SrGNAn.JRE:(~J <JN THE·_JNSf1MIENT THf PJRSPN(S), {JR rNE; [!J_TJ[Y _UPON ~F OF:_ Yt'HICH 111£ PfRSON(S} ACl'f0, EXE{:UTEO THE WSTRtN_EN[.
I "Cl'RllFY .,JN0£ff PfNALTY"dF PERJURY 00ND£R ,HE: LAWS Of THC. SfAT[ OF CALlf()RN(A THAT TH€ ForiECOINC P~GRAPH .. ~ TRl!f__AND CORRE(}T.
111/TNfSS JI'( HAND
SJ{;N).1/JR[: ~,.. . '' '.-:.
PRINCIPAL GWN/,<t» BOSIM-.,;,S:-=:=====::::
).
i .. 4 .. • .:.
CDUMISSION NUMBfR; -~ , __it::d
ur COUMISSIOtl CXPlfrE°S: 1,_ .. _._!_--· - - • .:_, __ _ Q4.T£.• 102J-10-l7 15:02 Flt.E: M:\100025\Surwy Drowin9s\PHAS£ 10\SPTO-SHfET 0l.dri19 TRACT NO. 2015-01
SOUTHPOINTE AT REGENCYPARK • PHASE 10
REX;ENCY
BEING A
PARK-7-.11,
~
FILED IN VOLUME 85 OF omc/AL PU.TS,.AT PACES.44 TO
49, MERCED COUNTY RECORDS, 1..YJNC .JN. rHE SOUTHEAST .QUARTER .OF SECllON. 12, TOWNSHIP. ID. SOU711. .RANGE 10 EAST, MOUNT. 0/ABLO BASE ..4ND MERIDIAN,
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA . JULY.2022
BENCHMARK ENGINEERING, INC.
"I i I
f
\,
OMITTED SIGNATURE STATEMENT
PROJ(C,
Slrt
.!ff_Nlrf UIU.fR A
PACHECO Bl.VO
~ -;,l
~
!
~
~
" ;
TYP£ OF INT!RE.Sr.- ANY RICW" OF "ENTRY AND &tS8l£NTS HEC!SSAFrr 'f'OR THC PROOUCOON, EXPLORATION. -OR sraw;c or OK.. DR IJIN£RALS
IN FAK>R OF: ·- · "1TO SPINA AND ROSAU£ SPWA0€£D R£F£RENCf.: 800K 806 OF _"(IFflC_tA~ __ RECORDS. PAC£ J48, ltl.C,R., RfCOROfO 4 JUNf. 1945.
PU.NNINC COMMISSION STATEMENT
. . - r. !i7i4G'r' &i;i1.,q, 9,1~ BIA&:CRi'Q Cf'Q WE GIA' QC ,H)& 8,U!Q& GQI t l.,'t I.!¥ 1•1z9 EG&'•!£ll /£ 9.[''[H)PftEW 9£PART1.l[ff!. . .P.0Jf..fR__£8Y ~.TAT; ~TI ~l,,f Ex,y.(INEO THIS .Ff~.M!'f. OF "'!f?ACT NO. 2015-::QI__SQf.LTHP0INTE AT RECENCr PARK - ~E 10'", AND THAT TH£ SLJeyDM_SJON IS SUBSTANTIA(LY TH[ SAlrff AS THAT SHOWN ON_ Tf!.[ TENTATM UAP APPROYfD BY THE CffY Pt.ANNING COMMISSION ON Tlf[ 11 a.-r OF MAY, 2016, ANO THAT THIS f'!"IAL ; fiJ:/£ c~,i~_o, SOU[HPOfNTE ,'.T _RE~NC~ f.-3/?K . ..: "PHASf 10· COMPLiEs WfTH. ~l _REDU/R[M[NTS OF DATfD n/1S ~ · (l,IY OF•:.\ 1 , 20..:_.
fj,y~~- <;!ii,p,V>ITr ANlJ ECONDUte OCVEl.OPuENT DtRCcTOii
RIGHT TO FARM STATEMENT
T'H[ P!IOPtRrr OESCR/8[0 'oN THf: HERfON SHOWN /,/AP IS IN TH[ WCJNITY OF I.AND UTN..IZED FOR AGRICUlnJRAJ...
PURPOSES AND RfSIDENTS OF THIS PROPERTY Uff 8£ SUBJECT TD INCONVENIENCE OR · DISCO/,,IF0RT ARISING FROI.I TH£ I.JS[" OF AGRICULTURAL CHEMICALS, _7NCWmf.JG, 'B_UT NOT " l!MlfcO lc:I, P!sTICIDES" AND ·,nmLl:trRS,. AND~FROU m[ PURSUIT ()F AGRJCULTVIW. OPEfiAT/()NS INCLUDING, BUT NOT liJJllED TO, PLOWING, SPRAYlNC, AND" BURNING.
WHIC~ ~~l~lLY ~r ~~Tf. DUsr,·-s~~- NOIS€->4ND_. ODOR:_· - · - --- • - THE"CoUf.lrr-af AIERCED H),s EST,,'.BLISHtD AGRICULTURE AS A" PRIORITY USE IN ,,'.GR/CULTURAL. ZONES WHICH AR[ DIJTSIP{. qr At' ESTA£1L!~D S~Cl[lf. UfJ?AN./JCvfl.CJ?UENT (SUD~) .~UlfQARY. RUfW- .fJE?JDfN~ r;EW[FJ. (RRq} 90UND4.RY., HIGHWAY INrfRCHANGE CENT.fR (fflC) BOUNDARY. OR ACRICULnJRAl S£1MCE CENTER_ (IISC) EJpUND,'.R'(, AND- REs,dENTS Of PROPERrr" 1trTHt Wc,N1TY OF SUCH AGRICiiLtu,w: 10Nts SHOULD 8l "PREPAR£D -TO NX£PT /NCOl'N[NIENCf OR OJSCOUF"0RT FROM Nom.lAL, N""ttt.SSARY Al;R/CUl.fuRAL 0P£RAnQNt~ • • • •
SURVEYOR'S STATEMENT
- - ~IS WP 1111& ~lr'tW 9¥ UE" Qlii' ~lt"ft' ill' f:J9"'11QI' '8 'S 815@ 1:,1091, A F/f£D SV1M"Y IN CONFORMANCE WfTH THf RCOUJHfllfNTS OF TH£ SU80/VIS/0U ~ ACT Af,/fJ Lc».l 0RDWWC£ AT THE:REOUf.ST-OF CMG fiJSf'r:TLEICIN .. • AUC0ST 2a2t. I HEREdr STATE ?'MT nus f/N.A£. MAP SI.JBSTlrNOOL"f' CONFORMS TD TN£ APPROVED OR CONDfTIO"NAL APP!KJ'v[o·trwO.Tfllt MAP, )hff-AU, UGNUIJCNTS AR! 0, n-1£ CJ1.4RACTER AND OCCUPY THE POSJTJQNS /NOICAT£/J, "OR TRAT" Tk£Y itil( 8! SET IN TWS£ POSITIONS oN·oR stroRf SAiD SI./OOMSION ~U£f'ITS AR£ ACCEPTED Br· THE CITY OF LOS Bii.NOS," AND ·11-IAt Tk[ lr/ONUJJENTS AR[' 0R"WfLL Bf SUFFIC/fNT TO EN.A.Bl£ TRE"S0RVE'f Ta· B£ RETRAC£0. -- • • • • • • • • ~TEO THIS~~ LMY OF-;:-..,......,.~. ~
. a , ..:;~--n~ :_
U/CHAE; HAL!£!le~"1
CITY SURV[YOR'S STATEMENT
I 67591' 6Jj4r£ 9,ff I SW£ :9'1 t '~ ]U5 IN .4£. :\t P 9 r GGJjDf,€5 M,RI ALL TH£ PROVISIONS OF CHAPTER 2 or THE CAUFORNIA SUBlJMSION ~p ACT, AS .. "A/!fNDC(!: .AND ~T nus F1f'AL ~ IS"TfCHN!CAI..Lr Cf!'!f!ECt • --- •• D.4TCD !HIS ~ - £Mr or _!Pf),/. ' ~
---~---·~~; . 'filo°'fR,5'.HOT,\ -~[j-~7/~.-------
REVTOflf:l!,CTTY ~
CITY ENGINEER'S STATEMENT
. . -- ' - - • •£7f0l'G7i1tf l'.Jq:1 ,,,,cc., r 'EO r•o .-..1'1. ,,a 1 B G1iTC,,,r 7it SUBDMSl()N SHOWN 1-/EREON IS SUBSTANTIALLY Tl-/£ SA/J[ AS 1r APPCARE0 ON THCTCiUATIVE i4AP, ANO Nff :.,PPR()'t£(J Al.TCRATION'S THEREOF, r,[,4r· ALL ·- PROWSIONS CF TH£ SOBiJMSJON ·uq, ACr ANO AIIY LOCAL OROINANC"£S or TH[_ ~~5tPTf:,.,T~ r:::~~,/''w/ri[ .TlME_(}f
DA;[O' THIS ·~-H~YOF·~- .• 1fl.1.!..
----:::-- -_ , ·:-- Jqfa•I. "«JJUS -Pe.,:c~t.e-
/ ' Ml01Ji L{,J f fRl,lhtflr
CITY CLERK'S STATEMENT
I, LUCJLLE L. W.UON£E, Clrt CLERK OF THE c,rr OF LOS BANOS, STAT[ OF CA.LIF0RNIA, DO HER£BY STAT[ THAT AT~ R(Gtll..AR 1,/EO,NC OF _THE CITY COUNCIL OF_ Tfl[ c,rr OF l0S BAl'IOS, STATE OF CALIFORNIA, HEW ON THIS ~ 004Y OF~ -~ ... ·2(f''·., -TH( ,1cCOMfAt-{1'1NG./~ MAP ot iRA.9T_ Nd, ,or~.:.(n SQt,JfHfO!NTE.
AT RECENCY fARK - PHI'S{ -10· WAS AP.fROVfQ: ACCfPTfD ·ON_ BEHALF OF THE PI./Bf.lC, FOR PUBLIC 1,)$£. TH{ _ Off'Ef!_ _OF .DEDICATION IN &§£MENT OF ALl PUBUC unwr E:AS[IJ.EtJ($ (Py_[) A!/D. TH(. OFfCR 0f_D€D~[ION l!J FEE OF ALl STREET RIGHTS-OF-WAY: ANO ACCEPTED THE REllNOU/SHUENT OF ACCESS RfCHTS OF wrs 11 '/HROUCH 22 TO ,'.NO FROM PlACE ROAD; ALL _AS SHOWN ON m,s_ ~~lflAf 4iA.f. • •• O,l,,T£D 7UIS ~ ~ °"y OF ~ , 20---=----
'-.!...:...= LUUiE ,L .. •~LlW.t£,•C,n- a£PK a _rr: _or lOS BNf!JS . --
RECORDER'S STATEMENT
IN VOl.lNE ;_~:, :'_ Of OFFICKt·F'tA~~T ~=·:_•:._'°::::•:;:-:;' •;:_•_:':_' ;;":=!~==---- AT me REO:~'F--a, STONEFIEW Hour, tNc .. A CALIFORNIA b1~PDRAT1r1,f:: •~ • ,. ~c ·c. ___ ..;.-..,,,:: .. --
FEE: .... --
M.C.R.
""'"'"" • • ~/ff'( RECORDfll BY.· ).~ t----~ · ·--- D£PUTr VOW/,/~£(~ PAC~-~.~ SHEET I OF 3
75 I Ir---,
TRACT NO. 99-02
REGENCY PARK ESTATES
UNIT NO. 7
69-0P-34
_) I ~ l
-GREENWICH DRIVE---·
I T
I
I
PARCEL MAP NO. 97-0J
83-PM-OJ ADJUSTED PARCEL 2
D.N. 2005-077193
M.C.R.
"" .. S89"06'J5""£ '
922.06'\ ...--::•~ IY..?o<?Q,
(M-CROUNO) \Q~ ........_-..... !!._'ff, .?'J_.;,,6.,2
O
,
~ ' -....... -....... (k-cROi,ND /, ' ------v ~- --~----"'::::__-~ - N25'2J'J2,V (B<SIS OF 8£MJNcs) - 7753.19• (AI-GRoUND) 7753.09 (CALC-CR/0)
\
\
\ -----~-----+----+--•- 589'58'01"£ 870.56'(M)(B) _\ _ _ ____ _ " __ · ~ ..... ,,.,.
/
/
- /
w~--
TRACT
1 NO.
f
OJ-OJ
-- ~ MISSION VILLAGE NORTH
UNIT NO. 3
68-0P-21
I- ---
JJ r-~
_/ "",
,a ' t 40• I 40•
"
-.
72 I
i I IJ
- -----··--
,, -·
~
QI ~ c§ Sl
Cl:: I ~ "
t3 l'-1·· - -
~I ~ ,. .:
I
-·--····
,,
- ~
:s I 18 ~
I
----·--, ~
,o· I ,o·
19 I~
2u
I 21
22 6 j
' J I
I
-~-~ - -
--·CASEY LANE
JJ J4 55
J2 JS 5' 57
7 r-·- I
JI J5 SJ 58
-- ---·•--. I --..,.
J/J
,, I I 52 59
- I
,. J,I 51 60
- SEESHEET3
28 J9 J.-. so 61
~
27 40 8
G, 49 52
__,
25 " [j
"" 48 6J
'2 •I 25 .. ~---
24 <J " 65 ,- -··-- ~ - ----
2J .. ., 55
2 56
~ Q:
Q
~
2 lg
c§
&i
15 78
_ -~s,:ra,~,w 70.56'(1.1}(8)
'l f s,s'09'22W 69.J2'(M)(8)
l--520·12';,1f 60.20'(1.1}{8)
?S J--Slfl5'581f 56.51'(A1}(8)
-- ··--·~ - l--sr0'2-07i¥ 1J.21'(M)(8)
14 /---sr11•421V fJ.21'(M)(8)
. . • ------:--Sf"S4'.281t' 16.81'(M)(B)
"
12 71
lO
\
~
~ "' ~
~ ----·· ,.;t;
~
69 ,-
" 68
67 LOT 5
85-0P-44
j ~""~
I I: J~------~ ---·------ ' N4J'48'02'lf>•- . N88''8'02W 771.00'(M)(B)
21.21'(u)(•J ~ _ __. _____ _ ---OVERLAND AVENUE -- ~ ~
~ - - - -----, - - - --- -- - -- -
TRACT NO. 2015-01
SOUTHPOINTE AT REGENCY PARK - PHASE 10
BEING A SUBDIVISION OF LOT 4 AS SHOWN ON THE MAP OF SOUTHPOINTE AT RECENCY PARK 7-17, FILED IN VOLUME 85 OF OFFICIAL PLATS, AT PACES 44 TO 49, MERCED COUNTY RECORDS, LYING IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 10 SOUTH, RANCE ID EAST. MOUNT DIABLO BASE AND MERIDIAN,
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA JULY 2022
~ BENCHMARK ENGINEERING, INC.
~ 915 17TH STREET, MODESTO, CALIFORNIA, 95354
LEGEND
NOTE: All PIP£ S/1£S ARE INSIDE DIAMETER
e FOUND J/4• x 2-1· {RON PIPE, WlrH PlASnc PLUG srAMPtD LS 8040, UNLESS NOTED om£RW/S£ ~ FOUND GPS MONUMENI, AS SHOWN QN Rff A.
0 SET J/4" i.- 24• IRON P!PE, WflH Pl.A'WC PLUG Sr.AMPED LS 8040 0 SEr J/4" x 24-· IRON PIP£. WITH PLASnc PLUG STAMPED LS 8040 IN MONUMENT wru..
J'WC
~
O sa J/-4. x 24" IRON PIP£, WITH PIAST/C PLUG STAMPED LS 8040 AT ALL R€AR LOT CORNERS. AND wr ANGLE POINTS, UNLESS NOTEO AS A WITNESS CORNER
:a: S£T BRASS TAC STAMPED LS 80,W IN CONCR~E: AT 1.00 FOOT PROJECTION OF ALL LOT UN[S INTO smEET AND AT ALL RIGHT-OF-WAY ANGLE N-1D CURVE. POINTS
LL.LL.LLL.URESTRICTEO ACCESS
D.N. DOCUMENT NUMBER
P.M. PARCEL MAP
O.P. OFFICIAL Pl.ATS
M ME:ASUR[O ON THIS SUR'tl£Y
(R) RADW.. BG.RING
PU£ PUBLIC unurr f.ASEMfNT
C42 CURVE TABLE REFERENCE
l99 UN£ TMlE RUERfNC[
5'wc 5' WITNESS CORNER
SUBDIVISION SUMMARY
79 LOTS
STRfflS
rDTAl
REFERENCES
12.2J ACR£S
J.60 ACRES
15,BJ ACRES
(A) GPS SLJ/?l,fl' CONTROL NEJWORK, VOlUAI[ 28 OF SURVE"l's. PAGES 9 TO 12, ~.C.R. (B) TRACT M:1. 2015-01, SOUTHPO!,WE AT R£CENCr' PARK 1-1,', H'X6WE 85 OF OFFIC/Al Pt.ATS, PAG:£5 44 TO 49, M.C.R.
BASIS OF BEARINGS
AN 08SERV£0 BEARING OF N26"2J'J2"W WAS MCASUREO FOR THE UN[ BETWEEN GPS/GIS t02f ANO GPS/GIS 1017 AS SHOWN ON THE CPS SUR\/8' CONTROl NDWORK FILED IN BOOK 28 OF SURVf'IS, AT PACES 9 ro 12, MERCED COUNTY RECORDS. AND IS TH£ 0,4S1S FOR ALL BEARINGS ON THIS WP.
NOTES
1. All BEARINGS ANO DtSTANC£S SHOWN HEREON ARE MCASIJR£0 UNLESS OTHERWISE NO'll:O.
2. All DISTANCES ANO DIMENSIONS SHOWN AR£ IN F£U NIO 0£CIMA.l PARTS THEREOF.
J. All RECORD INFORMATION SHOWN IS FROM MERCED COUNTY RECORDS, VOLUME ,, (:;.. PAGE _s•~. SHEET 2 OF J
76 11•m:>2lt'/8J, t sa9·se·o1'"£ B7o56'(u)(c) ____ N!1SXJJ11f'(BL. , .t , : , - ~------,----,=-...,,=.-=!9 ____ - ~---.- ---.] ~ ] ~ ~ 60.00· a,s6' 1 isa1:J99.,h~~ _9 uo_ 1 Ir
12.J.J6' ~- 7751' - - 6050' 6000 • 60.00 • • - <c, Q;J / f', '11->"lw'<>l .._ ~ Q -- :2 ~ ... - I J!B£Jl<U..J'JJl,J
"'~?'-!, i - ~ 8 :3 g § ~ §1 § ~ ~ 79 :!:
i,<?.;; 8,
6 ',25' ; ~ 5,o,7' Sc ~ 8 ~ ~ s~ i: 6,: s~ ~ ~oaf SF. ~ 6,0: SF ~ 6,00{ S,F. ; 6,o,i, S.F. ; 7,f2! S,F t' 26' 26' iJ/ 8,llO SF. ~ ~ o • s.0.14 s F. !fl 5,ao !fl • ~ • i-.. ""' .... NlI2t2.1.MB4 V o· s;,9:.s.1-sr ,.,.~ ,o· PU[\V, SZ8'1cz:z6Jf(BJ, ~ ~ ~ ~ ~ !==' ~,o· plJF-, l5 /\ f ~ (R) 1 as.o0•t
!
tl
~
""i-. --.--~--: , -c,2""- , c
73 ,s ~ ~ ~ ~- .- ~ .-, ~ .-{ .:'I •-\.1.c,: , / ~ .
/ c~.o~rn- 2a9s! ·sooo·-. -:- 6000' , -5000· , 6000_ , 60.00 : : 60.oo : : s.1.ss-::;:.or I " ~ 78 r 9 11 0/ •• r~ - : . . . U254 CASEY LANE ~ til.1'2ffJ.Zif(BL.,_ <} 01 6,876 S.F. It) •
126
SF. r/ ",' , '-.._ C14 _ ~ S89"57'04"£ 47.±_~' -----. ::· , , s;,,. , ..'; 9-~;_,,,,,:,J-,.t?!) 1¢" c, F ~ wc- . 147.69' - 7rir= 3268~' ~ / Ao,7,f!::,,!f5_f}'?;,,r, : I,,:, <G:-tt-, L---- Cl ' - , ~ 105,86' - ' ' - ',23023 ' -: , ·! ~1 ~ L : ,o, 5'wC.o --,Jfocr,, 89.72'-j , ' /~~ _10J1o°j-1- _127,IJ -, ~,., ,;;\ It~ ti 77. 'I • ~ 'f' 0 -.---c•L- -
7 i----<.J>'Q• o v Nl!B.D.Jlw.-. -o' tJ ~ j ,$../ - 16
•
14 10· PLJE I '11 /I' j ro' PIJE CJJjji' I 5,756 s.F.
:!i 12 (°1'· i-w ~ 34 ;,, ;.. 55 S 56 _ wmiaI//ll,,y''°''--J'Wc'po: s6a-,.,0,_. ff - 7,9J8 S.F. \~ ~ JJ ~ 7.567 S.F. "'! ~ 8,892 SF. 10,268 S.f. Ln., '--~, 2f ·~ fa. ::t 7,oo, s.r. , ill -o S/2:tlf25I/ll/.,_ '<h . /J --....::
ii.i'.XS.olf/11)\; --, / , , 1588'48'020 1os.oo' _ 581I'48'o2' 105,00·1 0 , / . 0J S8B'48'02T 11933' 0
-c:! SB1I'48'02T 119.33' ('
0 , / ,1
76 :;·
-,~ ''8'02< wE.' • \C;~· \ '!' > /1\ ,I_ '\' ,,-. I 10500' ~,- , 13366' , /. v• / , , "f S7,-:,,,, 6,663 S,F. " " ~ 13 -'I~ ~ 1.offsr. :;; g 6.JOO s.F. ~ ~ 6
'
300 sF. g l,SJ~~.h:,.f;'!(B),_/. -{_10· Pu~ Or:rf.
~ \C6 'o'/ ;, \,' 8 35 8 8 54 8 57 ', ~ ~ ;,,(R) ,_ ~ 40 , :3 6 .785 s.f: ~ I . •• • • , 1,.} SBB'4B'02"£ ro.5:00• I• , 0 , j sse·#J'o2·E 105 ~_:__ 0 SM,,.B'o2T 118.57' J\ { ,,j 7 1•
0 588°113'02"£ 105.00'' ~ O' ', ·1· / S8l!4802' 105.00 II \'\ 10' P(Jf--(1 • ,0. 'I' I I 8 I:
'1' " /!rl /J y 75 ~
~
%t, r /,25• 25• • I - ~ J6 ~ 26• 25• ~ s3 ~ 6
_
8 ~ s.F. a [J (j a,, s.,06 s.F. ..,,
1 ~ a 8 ~ J1 8 <.:, 6300 sr. ~ <Q s.Joo sr. <o S82'2JJ:18~ -~ 1 :rRJ ,1;0~ t ~ :ii 6_1x,4 SF :ii I ::l1 6,825 s.F. ::lj SBS',,,;'020 10s oo ' , 0• / ;o, 1
S88'48'020 .!.,0§.JifL_ 0 S8l!'48'02' 10, 15' ~ 1·1 '/ ~ 'f 5 o S88'48'on tos.oo' I 'o, ;]: I S88'48'on ,os.oo· ~\ 1 ,1, I ~ I / 126' , "' "'1 :;J ~v.., I 'I' /lg 8 8 8 59 1" 26 rJ/ 74 ::; lo • , , , - iii 37 ii " 52 " 402 &f R:! 6,953 S.F, I jll 8 15 8 8 30 el 6,300 S,F. '", 6,300 SF. 'O 6, '8}",ll)},2IW,_ 186'56'; w;y.; ;: ,iii 6 JOO ~F. ,iii ::l 6,825 S,F. ::l,} 588'48t20 105.00' 1,0, , 'o' I S88'48'02T 10~00· 0 S88'48'02T 105 16' /\,, 1-1-c 7,:(R) ID<.7J • ;; o--SBB'.,;'02T 10Ho' r O , ,
1 SBS48'02, 10s.oo' \II I 'I' ~ -'I' I I c2a-r%; ;wc'o' I 26 -1\ fl
'J• --r-,1, , ' ,
0 ,,, ;, ;., ~ ill b ;, 1 _ ~ ,o· PU[-( . - ,o· PUE: . g 38 ~ ~ ,1--1 l'2 ~ 51 ~ 60 ~ ' 111 I I '/' ~ 73 g -
8 8 8 ~ «:> 6,300 S.F. <o ~ ;8 .,-, <o 6,JOO S.F. «:> 6,J01 S,F. ~ ~ 6,477 5.F. <c, ,i 6,}J,, ,r. I :., .,,£9£,, 1iij 588''8'02·, 105,00' 1 P'. El ;o, /S88'48'02' 105,00' , o 588'48'02' 105,00' ;o, ;o: S88'48'02T 105.00' 0 0 SBB''8'02·, 1os.oo' 'cf ;,, 'cf 588''8'02'£ 10500· -~\ ,_, ~ 1· 1 .,_ I ,o· PUE~I ~ I ~ 'g i,," rfs /: ~ r...;:
~ io -'/-
~ 8 i '<:18
~.11~ <o 6,JOO 39 S.F. ,'&. ~ / <ol ~ 6,300 50 SF. ~2
<o~ 6,300 61 S.F. «:>
~ ~ ~ ~ ~ 7.JSO 12 S.F. ~ ~ 6 ~[ £F. r. /il ~ 2 ~ 1il 6 ,£8 5 r. t 1il I saa·won 105,00•: , , .__ ,
0,saa·<B'OYE 10s ~ ~-o SBB'<B'o2T 1os.oo· I
O i:? I , '. • , ' I Jo" • ~ 0
1-
0 - , ' , ' 1/) ', S884802"'£ 105.Q0 LOT 5 O• 588'48'02T 10500' , 0 , E ,
0 ,S88'48'02T 105oo',=_~\ , I ~ 1- t_ I I, I ~ ,0,, I 01 85-0P-44 ~ • .,,,,_ 1 'I' "' ,,, ' '"-'18 40 8 <., 8 49 ~8 62 ~ "' 8 8 u' °g g 'g 8~ 6.JOOS.F. ~ Cj ~ 6JOOSF. ~ 6,300S.F. ~ ~ g 71 /i:~ iii 18 c; ';,! " 2
7 r,, I 588''8'02T 105.0D'I,, ;:J 'I S88'48'02·, 10~00· 588'48'02T 105.00'I,, I I 6•300 S.F. ::- 6,JOO S.F. ,«:> :'.3 "'1 6,.JOO S.F. o ,0, ~ P:, 0 1 l' , ,. S88",,.8'02"( 105.00' '==! I 0 s.,-.,,·o,T 105.oo·i . , • , s, .. .,,·o,r ,os.oo· 11, 1 I l, 0• PU, 111 . ·1·, a ~
·.,,,,_ ,ol, t ,or, 1°18 8 8 8;,, '., - I i" - 1_ Ct: • • ~ 41 ij fJ 48 EJ ~ 63 :?! ._ ~ ~. . ~ , 8 19 8 0c 8 26 ~ 6,JOO SF. 6,JOO SF. -o 7135 S.I: -o ::J o; s; 8 70 8 '- I
40 ),l 6300 s.F: g °' 15 6300 5 ,. 150/ SBlI''8'02·, 10~00· 1., , 0, /SB1I'48'02' 10500· ~/ ', • ,
1 • :;: ~:,, :;: I</ 7,350 SF I<;:
o- fi,.,·::.•·•;·02, 1os.oo• : ;ol: j ;ol; /ss8'.,;'02•c 1osoo· :,lk ,~ 0 1' '/~' ~
0 1
\ S88'<eon ,os.oo ;_:
1 : fl§ ;ol;'--,,' /S=- 88'"' = 'o~2T-"' ios.oa· , .o,~ _ I • iii 42 _ iii , . :. 47 :;; 8 8 .: , , 8 20 8 8 25 ~ 6,300 S,f. I 26 26 I 5,JOO SF. ~ 64 ,e g 69 8
~ 6,JOO S.F. ~ ~ 6,JOO S.F. <od S88"4l1'02t 105.00' :o: ! :o: S88'48'02"/: (0500' b <o 6,825 S.F. 'l<Q ~ 6,JOO SF. ~ sBB•4s•o2'F 1os.oo' / , ,. , I S88·,,.a·o2"E: 105 oa· ti\ ,.1.J t1_ • {i} 58/J·#i·o2T 705·00 I o· j SBB"#J'02't 10s oo' o~J A ;o, • (°, 28.3211' :IJ I \IT28,86 46 ;sil\ '/'26' 26':o, , o • ~ t j r·' , ,~ 43 C41 ,o, • .P'<>cJ5 6,(04 S.F ~. 1 8 - 1- I 'I 2 I ~ 26 , 26 , ~ 24 el ~ 7,223 s,,· 'o I o' X-C36 , , \ ~ 65 8 g 68 ~ ~ 6300 Sf <.c «:> 6300 SF' -g ~,(,i\ /~•~ 8'#102 T B7.7o o<a 6825 S.F. ZJ ~ 6300 Sf «:> • • I ' • • I Gl ~-- ,.~, \ ~~ I , ' / I ' .. saq--,s·o2"£ 105 oo , ~ , , sas·48'02'"E 105.oo' l,..,-sBB•48'o2"c 8I• 68''o' "v'-1, .. ~9 '\.,.'>,2~Z'!i?.JIW IJ S88'4B'02C: 1os.oo· i , , , , S88'4B'02T 1os.oo· o:.,:.,, - -'==-fao, '°: ieJI Sl.!~L>1T/Blfl; ~~\i1 ~ I jo\ , A ,o:-,- 01 ~
8 2/ /2 - 8 2, 45 1-l- 66 s/ /2 - ,t8 22 :::? I ~ 23 ~ ~ 44 'i tf 8,068 S.F. ~ ~ 1237 S.F. tj ~ 67 ~ \. 7,125 Sf ~-j la) 7,238 SF. \"" 6,89:iJ~r«J:..':,,_ "r/~Do'_p111:P<:ia.J11'/(/ . " ' I 'o/ l,,, I 7,238 SF. " *.· -1500· -~"74foo· ,J,,,&:,•"<6,- -9000' 4a - ·12 1.00·- t ii~~'o~.:.,o -,21.00·- -· J- 90.00·- - 0 V/,,loo· /41do·~;- -9000·- -·.J _ ___ __ _ - ' ' ' ' ' ' ' ' N88'48'02'W 771,00'(M)(C) ' ' ' ' _______ _ _j___ _ ~ _ OVERlANO AVENU£ _____ _ \ _ ~ o= o= TRACT NO. 2015-01
SOUTHPOINTEATREGENCYPARK-PHASE10
BEING A SUBDIVISION OF LOT 4 AS SHOWN ON THE MAP OF SOUTHPOINTE AT R£GENCY PARK 7-11, FILED IN VOLUME 85 OF OFFICIAL PLATS, AT PAGES 44 TO 49, MERCED COUNTY RECORDS, LYING IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN,
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA JULY 2022
" BENCHMARK ENGINEERING, INC.
915 17TH STREIT, MODESTO, CALIFORNIA, 95354
CURVE DATA TABLE CURVE DATA TABLE CURVE DATA TABLE
cuRVE I DELTA I RADIUS I t.ENGTH 11 cuFM I DELTA I RAD,us I LENGTH 11 CURVE I DELTA I RA1J1us I LENGrn c, I 2z.J0'11" I Joo.oo· I 111.83' II c21 I r2D'o1· I 576.oo' I 15.7,,_' C41 I 46°J4'0J" I 29.00" [ 2.J.57' C2 l 1T#1'59~ , 650.00' I 2D2.12' '~ C22 ' 20·50'02· ] 624.00' I 226.90' , , C42 1 f6',,.1'J4· 1 274.00' l 79.BJ' CJ 1 ns'JZ- 550.00· 128.JO' c2J~ 4•J8'2s· 624.00' so.s-,· C4 s'JD~7" ·sso.dlr lJ.82' C24 r+2'42• 624.00' 83.99'
cs 2o•so'o2· I 550.00· I 2J6 . .J5' C25 o.JrJS· I 624.oo· I 12. 18· C6 J9'.J2·2i- 25.oo· 11.2s· c2e ,-51·,s· 624.oo· 20.19· Cl 158'4S'og" 9J.OO' 257.68' C27 20'50'02" 676.00' 245.81' CB n9•45• 9.J.00' 2. /5' C28 1"15'tXY 676.00' 14.75'
C9 54·43•05• 93,00' 88.82' C29 I 5·05'54-" j 676.00' I 60.15' CID J(J47'JO" 93.00' 49.98' CJD I 5'08'58" j 676.00' I 60.76' Cl I J(H7'JO" 9.J.00' ,,_9,98' CJ1 5·14•45'" 676.00' 61.B9' , C/2 J8'52'S8" 9J.oo· 6J,t1' CJ2 4"05'26" 676.00' 48.26' .
CtJ 2"f4't9· 9J.OO' J.6J' C3J r2rss· 624.oo· 14.88'
CH 32'55'58" 25.00' 14,37' CJ4 12s-1s•3s• s,.oo· , , ,.so· .
C15 2"J4'09. 326.00' 14.62' CJ5 46°.J4'0J" 29.00' 2J.57' , C 16 8'13'09· 62,,..00' 89.51' CJ6 14'J9'47" 51.00' 13.05' , Cll 75·49'02" 676.00' 198.42' C37 110'35'48" 51.00· 98,44' .
CIB s·u•o5• I 676.ao' I 6I.s1· c.JB 12s-1s'3s• s1.oo' 111.so·_ C/9 s·10'•2· I s16.oo' I 61.09• CJ9 93"27'36" 51.DD' BJ.19' C2D 5·os•14• I 676.oo' I 60.02' C40 J7"47'5tr SI.OD' 28.31' I / / 1-------- S0'02'56'W'\
9 95,21' \
/~o~C/3 B \
~1111~ ~ ,o----c;' rn/
I
\ IQ-4i<
\ lo'
'-- /
/ '\ -- - ,,___ ;;,,AIL-;
/ CY12\ '\ \ NOT TO SCALE
,---,cf~ \
L CB~,~'
\ S88''8'02T ,o~<' j 97,92' /
\ IJ C6
NOTES
INF0RMAnON
C4J I 12·os'2J. I Is.oo· I 18.89'
LINE DATA TABL[
UN£ BEARING DISTANCE
LI S4Y48'D2T 21.21' (M}(C)
L2 N89'58'0I-W 10.45'
LJ S4TJ7'281f! 20.2.J'
L4 I Nsn9•-1r£ l 1s.1r
LS I NJ4'JB'J1"W I U67'
L6 S4Y48'02·c. 21.21'
l7 N46'11'58•[ 21.21'
LB S45".J7'27"W 21.00'
L9 N44'22'JJ"W 2 HJ'
LID S1'11'58"W 10.99'
lit N1"11'58'"E 10.99'
l/2 S4Y,,.8'02T 21.21'
l/J N46"11'58"[ 21.21'
Ll4 N6"59'00't 94-.27' l<MXCJ
LIS NI.YO/ '2,,_"f 10.56' [(...-XC)
L/6 Nl8°09'2r£
l/7 N20"I2'4,,_'"£
UB N/4'I5'58"€
l/9 NT17'42"'E
L20 I N1rf24'J7"E
l21 N'f'54'28"£
L22 j N0'02'56"[
69.32' {J,()(C)
60.20' (M)(C)
56,61' (li}(C)
4J.21' (M}(C)
1 J.2 I' (NXCJ
16.81' (MXC)
77.11'
'-- --- - __... 1, SC£ SH££T 2 FOR LEGEND
DETAIL B NOT TO SCA/.£
VOLUME _r;,i., PAGE JC:,, SHEET J OF J
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 Recorded In Official Recortls, MERCED COUNTY
MATT H. MAY
Merced County Clerk - Recorder
City of Los Banos P Public
Aod When Rcconlcd Mail to: 0oot. 2023031264
i,'-:b"=~= I IIHHIIHll/11
12113/2023
09:1BAM
reOS
Titles: 1 Pages: 19
Fees NO FEE
-=Los = Banos =-==-CA=-::....:;9=363=' ---....&....::;j_:*_:S=---::__ ~ 0:....:.... 0 :_O ~~! 4 --~ ~--~-,-*--- ----- . --·- .- - . --·
SUBDIVISION IMPROVEMENT AGREEMENT
TI-IIS AGREEMENT made this 15'1' day of November 2023, between Stonefield Home, Inc., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF WS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "OTY".
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Soutbpointe at Regency Park, Phase 10. comprised 79 lots, a copy of which is on file at the CitY of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S) have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the S11111e may be recorded as n:quired by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements BS are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deans as n~ for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the worlcs and matters hereinafter in this AGREEMENT mentioned and set forth in delails, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Fimil Map by Resolution No. torc:>8 to be in substantial compliance with the designs and Conditions of Approval of Vesting Tenlalive Tract Map #2015-01
NOW, TiiEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording BS provided and required by Jaw, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:
SUBDMSION AGREEMENT
I. That the CITY bas fixed and does foe the time within which DEVELOPER(S) shall do and perfonn the work and improvements hereinafter specified and at such time during lhis paiod as 79 designated by the Public Works Director/City Engineer of the CI1Y, but no later than the 1511 day of November 2025 with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following descdbed work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Sbindards, including all costs of inspection, to-wit;
IMPROVEMENTS:
1. SITBPREPARATION
2. SEWER
3. STORM
4. WATER
5. PAVEMENT
6. CONCRETE
7. ELECTR.OLIERS
8. MISCELLANEOUS
TOTAL Cost of Construction and/or
Installation oflmprovements
CONTINGENCIES AT 10%
TOTAL
$ 68,869.90
$ 115,060.00
s 92,623.00
$ 132,)60.00
s 223,302.50
$ 290,912.S0
s 30,000.00
s 10,000.00
s 962,927.90
s 96,292.79
S ).Q~2~0.69
2. The DEVELOPER(S) has not completed the following portion of improvements:
STREET IMPROVEMENTS
CONCRETE
ELECrROLIERS
MISCELLANEOUS
REMAINING TOTAL
$
s
s
s
$
223,302.50
290,912.S0
30,000.00
12,000.00
~~§.7£~.oo
3. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated oost of the remaining improvements, agreed to by the CITY for Performance at 100%, $556,715.00 and Labor and Materials at 500/4, $278,357.50 and prior to the release of other security, for Wammty and Guarantee at 10% in the amount of $55,671.50. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for SU1Vey monuments, per §66496 of the Government Code.
Subdivision ImproVOU>CDt Agreemcnt 2 FM#201S-Ol
Sowhpoinle at Reaency Park. Phase Io
80 4. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid.
ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of.$962,927.90 $ 48,146.39 Less: Deposit for Plan Check (2%- Chcclc # 23554) 09/1412021 $ 19,258.56 Less: Payment (3%- Check #28643) 10/25i2023 $ 28,887.84 TOTAL $ 0.00
5. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $556,715.00 (attached as Exhtllit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.
6. The DEVELOPER(S) shall install improvi:menta in accordance with the requirements of the City of Los Bimo.s Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Ccmditions of Approval of Vesting Tentative Tract Map 201501 Southpointe at Regency Parle Phase 10. All public improvements and utilities must be iMtalled prior to occupancy of units.
7. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER{S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
8. Street lights shall be furnished and installed by the DBVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.
9. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right--0f-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure tbat mailboxes for use by the U.S.
Postal Service arc available for residents at the time of occupancy; illstallation to be per plans approved by the Postmaster and the CTIY.
10. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and baclcfill operations, stability of all finished Snbdivision Improvement Agreement 3 .FM #201S-01
Southpointe at R.cgODCy Pule, Phase J 0
81 slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that ell earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.
11. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inopc:nible, unsafe., or prohibits a part of the project from perl'orming satisfactorily in the opinion of the CITY, the plans shell be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be respoDSJble for all costs incurred in revising the plans and performing the work in accordance with the modified plans.
12. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.
13. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or coiporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
14. The DEVELOPER(S) hereby release and ~ to indemnify and bold the CITY harmless from end against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused aod whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upoo the premise3 adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DBVBLOPER(S}, the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.
15. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and ell of the improvements herein before specified, shall be at the sole and exclusive risk of the DBVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements. Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within Subdivision ImprovemeDt Agte=ent 4 PM#201,--0I
So111hpoi,,1e at Regency Pmtc, Pliase lO
82 said subdivision shall not be construed in any IJUIIlDet lo constitute an acceptance and approval of any or all of the improvements in said subdivision.
16. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of com:cted work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 4 of this AGREEMENT. Any damage to the sewer system, utilitie$, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Worlcs Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.
17. DEVELOPER(S} shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.
18. Without liniiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and woclcmaoship perfonned on said work for a period of one (l) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer. 19, Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing eacb of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CTIY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.
20. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.
21. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to illsuance of permits.
Subdiviaion Improvement Agreement s FM#201S.01
Soutbpoiala at Regency Parle, Phase 10
83 22. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map #2015-01, prior to acceptance of public improvements or final of any housing units.
23. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Colincil resolution; issuance of a Subdivision Improvements grading permit other than rough grading end site preparation; and payment of all required development f~-
24. All cosls for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.
25. H construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencenient of work the Public Works Director/City Engineer shall review the improvement plans and detemiine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Worlcs Director/City Engineer. The applicant shall be responsi11le [Qr any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.
26. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map #2015-01 and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision. 27, The teans of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance . f dopted environmental documents the compliance with which may be with mitigation measures o a • placed as a conditionofpemtlt issuance or occupancy. . . . . - . f thi. AGREEMENT. It is agreed that the provistons of this
18. Time JS of the essence o s • . . ecul admmistrators, successors, dev1sees, AGRBBMBN'T shall apply to and bmd the heU'S, ex ors, and assignees of the rcspective•parties hereto.
Ft,1#2015-0i
84 IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.
ATTEST:
PARTIES OF TiiE FIRST PART
CITY OF LOS BANOS
A Municipal Corporation
Paul Llanez
Mayor
City of Los Banos
PARTIESOFTHESECONDPAllT
~-/Ji. !$ilk
City Clerk
L. Mallonee
---R. ~
City ofLosBanos
• d. Si atures need to be notarize
A:1:h a 'Notlll'Y Admowledgement.
7 park, Phase 10 5oUtbpOinle at RegeDCY
85 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verffi~ only the identity of the individual who signed the document to which this certificate is
attached, ,and not the truthfulness, accuracy, or
validity of that document.
State of California ed
County of Mere
On October26,2023 before me, Regina A. Robles, Not.ary Public (insert name and title of the officer)
personally appeared _ G_r_eg_· _H_o_st_e_t_le_r ___________________ __, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacltyOes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument.
I certify under PENAL TY Of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
eeeeeotel
WITNESS my hand and official seal.
SVJnature ~ JL-¼= __
REGINA A. R081.ES
Notary Public • CaUfornla • Merced County !
Commission# 2345695
y Comm. Expires 1'9b 8, 2025
(Seal)
86 ACKNOWLEDGMENT
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
validitv of that document
State of California ced
County of . Mer
On December 1, 2023 before me, Sara Blevins, Notary Public (insert name and title of the officer)
personally appeared _ P_a_u_l U_an_ez ___________________ _. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their slgnature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
87 THIS PAGE IS INTENTIONALLY LEFT BLANK
88 EXHIBIT A
BEN RK CIVIL ENGINEERING & LAND SURVEYING
ITEM
A. SITE PREPARATION
1. GRADING
B. WATER
1. 10"WATER
2. 8"WATER
3. BLOW-OFF VALVE
4. 1" WATER SERVICE
DESCRIPTION
915 17th Street • Modesto, CA 95354 • 209.548.9300
ENGINEERS BOND ESTIMATE
FOR
SOUTHPOINTE AT REGENCY PARK
PHASE 10 - 79 LOTS
LOS BANOS, CA
UNIT QUAN. UNIT PRICE
SF 688,699 $0.10
SUB-TOTAL
LF 886 $30.00
LF 2,029 $20.00
EA 1 $1,300.00
EA 79 $500,00
5. FIRE HYDRANT WITH TEE, GATE VALVE & BURY EA 6 $3,500.00
6. CONNECT TO EXISTING 10" WAT.ER EA 1 $1,200.00
7. CONNECT TO EXISTING 8" WATER EA 2 $1,000.00
SUB-TOTAL
C. SEWER
1. 6" SEWER LF 2,648 $20.00
2. 4" SEWER SERVICE EA 79 $400.00
3. STANDARD MANHOLE EA 11 $2,500.00
4. CONNECT TO EXISTING SEWER EA 3 $1,000.00
SUB-TOTAL
D. STORM DRAIN
1. 12" STORM DRAIN LF 183 $25.00
2. 18" STORM DRAIN LF 1,689 $32.00
3. CATCH BASIN EA 8 $2,000.00
4. STANDARD MANHOLE EA 6 $2,500.00
5. CONNECT TO EXISTING 18" STORM DRAIN EA 3 $1,000.00
SUB-TOTAL
E. CONCRETE
1. 6" VERTICAL CURB & GUTTER LF 5,863 $13.00
2. HANDICAP RAMP (LABOR ONLY) EA 10 $500.00
3. SIDEWALK (INCLUDING RETURNS) SF 37,341 $3.50
4. RESIDENTIAL DRIVEWAY EA 79 $1,000.00
SUB-TOTAL
JOB #100025
8/30/2021
AMOUNT
$68,869.90
$68,869.90
$26,580.00
$40,580.00
$1,300.00
$39,500.00
$21,000.00
$1,200.00
$2,000.00
---------------------
$132,160.00
$52,960.00
$31,600.00
$27,500.00
$3,000.00
---------------------
$115,060.00
$4,575.00
$54,048.00
$16,000.00
$15,000.00
$3,000.00
---------------------
$92,623.00
$76,219.00
$5,000.00
$130,693.50
$79,000.00
---------------------
$290,912.50
89 ENGINEERS BOND ESTIMATE
SOUTHPOINTE AT REGENCY PARK
LOS BANOS, CA
JOB #100025
8/30/2021
PAGE2
ITEM DESCRIPTION
F. PAVEMENT
1. 0.21' AC/ 0.54' AB/ 0.50' ASB
2. MONUMENT WELL
G. ELECTROLIERS
1. 150W STREET LIGHTS
H. MISCELLANEOUS
1. STRIPING AND SIGNAGE
3. EROSION CONTROL
NOTE:
UNIT QUAN. UNIT PRICE AMOUNT
SF 88,481 $2.50 $221,202.50
EA 7 $300.00 $2,100.00
---------------------
SUB-TOTAL $223,302.50
EA 12 $2,500.00 $30,000.00
---------------------
SUB-TOTAL $30,000.00
LS 1 $3,000.00 $3,000.00
LS 1 $7,000.00 $7,000.00
---------------------
SUB-TOTAL $10,000.00
CONSTRUCTION SUB-TOT AL==-----••••-> $962,927.90
10% CONTINGENCY============> $96,292.79
CONSTRUCTION TOTAL------------> $1,059,220.69
1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.
FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL
CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.
PREPARED BY TG ------ REVIEWED BY
K: 100025\Estimates\Phase 9\ 2021-0B-05_Ph9 Bond Estimate 90 EXHIBIT 8
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2015-01 -
SOUTHPOINTE AT REGENCY PARK
General:
1. All development shall be consistent with the Final Development Plan, reflecting any conditions of approval or amendments approved by the Los Banos City Council, which includes: the Vesting Tentative Tract Map, the land use type, pedestrian and vehicular access, architectural design, parks, open space, and recreation, public facilities, services, and infrastructure, and phasing plan.
2. Building Master Plans shall be consistent with the Final Development Plan and approved by the Community and Economic Development Department and Building Department prior to issuance of a building permit.
Lighting:
3. All street lighting shall be LED. The streetlights shall meet the illumination standards in the City Street Light standards. After Public Works inspection and approval, all street light electrical boxes shall be slurried per Public Works direction.
Architecture and Physical Design:
4. This project shall be subject to P-D (Planned Development) Design Standards as presented in the Final Development Plan.
5. The monotony of straight building lines shall be alleviated by varying the size of individual buildings, staggering the front yard setbacks, varying exterior building materials and colors, articulating building facades, and utilizing extensive landscaping.
6. The variation in setbacks, unit placement, and materials and colors shall be implemented in a random fashion with no apparent pattern, to avoid monotony.
7. The minimum front yard setback for front-loading garages shall be 20' and side-loading garages shall be 15'. The minimum setback to living areas shall be 15' from the front yard property line. The minimum front yard setback to porches shall be 1 O' .
8. The minimum side-yard setback for interior lots shall be 5', standard corner lots shall be 1 O', and reverse corner-lots shall be 15' from the property line.
9. The minimum rear-yard setback shall be 10' for single story units, and 20' for multi-story units.
7 91
10. The rear yard setback may be reduced by 2' to provide for stagger.
11. The typical architecture and plot plans set forth in the Final Development Plan are conceptually approved with this application. Plans submitted for building permits shall be consistent with these elevations in terms of style, material, and character.
12.To protect privacy, building placement that offsets side-facing second-story bedroom windows at adjacent houses shall be required.
13. Residential dwelling units shall not exceed 30 feet in height.
14. The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity, substantially similar to that shown in the Final Development Plan.
15. If parking for model homes is to be provided in a temporary parking lot, such lot shall be approved by the Community and Economic Development Director as a commercial lot conforming with Los Banos Municipal Code section 9-
3.2009, and shall be removed within 60 days of the end of sales, if not intended to serve a permanent use.
Physical Amenities:
16. The developer shall provide decorative lighting as shown in the Final Development Plan.
17. Enhanced pedestrian treatments shall be used at the intersection of Overland Avenue and Place Road, such as, but not limited to stamped concrete as approved by the Community and Economic Development Director.
18. The developer shall install a six-foot high decorative masonry wall along Place Road and Ward Road within the non-access strip at the rear of private properties.
Parks and Landscaping:
19. Linear corridors shall be in conformance with the Final Development Plan, and in accordance with the designs shown therein.
20. Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings.
21. Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.
22. The developer shall comply with the current development standards for basins and drains, to include all landscaping and related irrigation systems.
The applicant shall comply with the landscaping and irrigation requirements imposed by the Public Works Department.
8 92
23. A palette of locally native plants should be specified for landscaping within the park basin area adjacent to the San Luis Canal. The landscape plan shall be subject to review and approval by the Central California Irrigation District to ensure that the provisions of the landscape plan do not conflict with the District's on-going weed abatement program. The buffer shall be designed to include appropriate locally-obtained native grass, herb, and shrub species, such as arroyo willow (Salix lasiolepis), blue elderberry (Sambucus mexicana), mule fat (Baccharis salicifolia), and native grasses, and shall not include plantings of non-native, invasive plant species, such as yellow star thistle (Centaurea solstitalis), brooms (Genista spp.), pampas grass (Cortaderia spp.), and tamarisk (Tamarix spp.). The buffer area shall provide native vegetation adjacent to the San Luis Canal and the recreational pathway and provide a vegetative barrier to discourage human and domestic animals from disturbing the canal or its banks.
24. Landscape plans for each residential front yard shall utilize drought tolerant plantings. The developer shall be required to follow local and State mandates regarding water conservation and water efficiency. Once the City adopts a new water efficient landscape ordinance, the developer shall be required to follow the new ordinance requirements. Landscaping shall be installed prior to Certificate of Occupancy.
25. The developer shall include the following utilities in the park basin facility:
electrical, sewer connections, storm drainage, and water service.
26. Off-street parking shall be provided at the detention basin for a minimum of 1 O vehicles as approved by the Public Works Director.
9 93
THIS PAGE IS INTENTIONALLY LEFT BLANK
94 RESOLUTION NO. 6708
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 10
AND ACCOMPANYING SUBDIVISION
IMPROVEMENT AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2015-01 Southpointe at Regency Park, Phase 10 and accompanying Subdivision Improvement Agreement: and
WHEREAS, the single-family residential subdivision consists of 79 single family lots on 15.83± acres; and
WHEREAS, the Acting Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2015-01 Southpointe at Regency Park Phase 10 for the real property described in Exhibit "A", shown in Exhibit "B" and authorize recording based upon the following findings:
1. Final Map is in substantial compliance with Tentative Tract Map No. 2015-01.
2. Financial Security as required by the Subdivision Improvement Agreement, Subdivision Map Act, and Los Banos Municipal Code has been deposited with the City.
3. All required processing, development, plan check, and inspection fees to date have been p~id.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of November, 2023, by Council Member Lambert who moved its adoption, which motion was duly seconded by Council Member Jones and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Council Members Begonia, Jones, Lambert, Lewis, Mayor Llanez None
None
APPROVED:
£L: ez£}
~ Lucille L. Mallonee, '7. ~ City Clerk
95 THIS PAGE IS INTENTIONALLY LEFT BLANK
96 LOsBanos
n a o C 1lif on1ia
Agenda Staff Report
TO:
FROM:
DATE:
Mayor & City Council Members
Paul Tualla, Fire Chief
January 3, 2024
SUBJECT: Budget Amendment - Fire Dept Overtime
TYPE OF REPORT: Consent Agenda
Recommendation:
Staff recommends that the City Council approve an amendment to the 2023-2024 fiscal year budget for the Fire Department in the amount of $156,004 for personnel overtime expenses.
Background:
The City Council may amend the budget by resolution adjusting the overall appropriation levels in each fund at any time during the fiscal year if there are available funds and council agrees with the request to adjust the budget.
Discussion:
At the beginning of the current budget year, the Fire Department estimated the Fire Department overtime expense to remain consistent from the prior years. This fiscal year, the Fire Department had a few events that affected the current overtime budget.
The Fire Department incurred additional overtime due to California OES statewide responses, new firefighter training academy and an increase in hours for the fire prevention and weed abatement activities.
97 The new budget allotted two additional firefighters to be hired. As we had four new personnel within the last 9 months, and in order to ensure consistency in training, the City's first Firefighter Academy was hosted. Initially, overtime for the academy and coverage for those attending the academy was estimated to be within budget but due to MOU requirements for shift coverage and an increased demand for training for the academy, additional overtime in the amount of $72,556 was expended for the academy to ensure its success.
Additionally, the department has been actively engaged in responding to incidents coordinated by the California Office of Emergency Services (OES). The Fire Department participates in statewide mutual aid where OES provides a fire engine for response and the department provides four ( 4) personnel. This fiscal year we responded to the Smith River Incident near the California- Oregon border for approximately 20 days. This contributed to the need for overtime hours for responding personnel and to backfill vacant positions at home. We received reimbursement in the amount of $83,448.
As of current $156,004 has been expended in overtime costs relating to the Academy and Strike Team activities for the current fiscal year. Labor and management have met and developed solutions to minimize overtime when feasible. As we look at the remainder of the fiscal year, we still have time off requests, mandatory trainings, workers comp coverages and other sick coverages. After accounting for the above activities and amending the budget for their impact, the city believes the remaining appropriations for the fire department personnel overtime will be adequate.
Fiscal Impact:
The impact would increase appropriations for overtime in the following funds:
• General Fund by $45,908 to account number 100-422-100-103 • Measure H Fund by $14,438 to account number 100-422-290-103 • Measure P Fund by $71,730 to account number 238-422-100-103 • CFO Fund by $23,928 to account number 291-422-100-103 Reviewed by:
Interim Finance Director
Attachments:
Resolution
Staff Report Budget Amendment FD Overtime (1-3-2024 ).doc 98 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS ADOPTING A
REVISED BUDGET FOR THE 2023-2024 FISCAL
YEAR AS IT PERTAINS TO EXPENDITURES
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2023-2024 Fiscal Year budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase is $156,004.00 in expenditures for the Fire Departments accounts as follows: General Fund by $45,908.00 to account number 100-422-100-103; Measure H Fund by $14,438.00 to account number 100-422-290- 103; Measure P Fund by $71,730.00 to account number 238-422-100-103; and CFO Fund by $23,928.00 to account number 291-422-100-103.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the budget increase for $156,004.00 in expenditures for the Fire Departments accounts as follows: General Fund by $45,908.00 to account number 100-422-100-103; Measure H Fund by $14,438.00 to account number 100-422- 290-103; Measure P Fund by $71,730.00 to account number 238-422-100-103; and CFO Fund by $23,928.00 to account number 291-422-100-103.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _ day of January 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
99 THIS PAGE IS INTENTIONALLY LEFT BLANK
100
TO:
FROM:
DATE:
LOsBanos
t tht ""
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ January 3. 2024
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2023-09 to Allow the On-Sale of Beer and Wine Under a Type 41 Alcohol License for Biggins Texas BBQ Located at 609 I Street
Recommendation:
That the City Council adopt a Resolution approving a CEQA Exemption and approve Conditional Use Permit #2023-09 to allow the on-sale of alcohol under a Type 41 alcohol license located at 609 I Street for Biggs Texas BBQ.
Background:
On November 8, 2023 the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2023-09 for the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with an eating establishment. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2023-09 to the Los Banos City Council.
Biggins Texas BBQ was previously located at 639 Ninth Street and operated with a Type 41 on-sale beer and wine alcohol license. Conditional Use Permits run with the land and are non-transferable from property to property; therefore, a new Conditional Use Permit is necessary to obtain a Type 41 alcohol license at the new location of 609 I Street. 1 101
Discussion:
The applicant, Kenneth Lamber, OBA: Biggins Texas BBQ, has requested a Conditional Use Permit to allow the on-sale of beer and wine subject to a Type 41 alcohol license in conjunction with a bona fide public eating place ( casual restaurant) located at 609 I Street.
The business operates Wednesday through Sunday from 11 :00 AM. until 8:00 P.M. The property is located within the Mixed-Use Zoning District (M-X). A restaurant is an allowed use and consistent with the Los Banos Municipal Code Title 9 Chapter 3 Article 9 MixedUse Zoning District and the Los Banos General Plan LOCATION AND ACCESS:
The project site is located at 609 I St., Assessor's Parcel Number: 025-231-019. The project site is located within the Mixed-Use Zoning District (M-X) and consists of various mixed-use uses. The project site can be accessed only from I St.
LAND USE:
Property
Project site
North
South
East
West
M-X = Mixed-Use
Land Use
Mixed-Use
Mixed-Use
Mixed-Use
Mixed-Use
Mixed-Use
2 Zone
M-X
M-X
M-X
M-X
M-X
General Plan
M-X
M-X
M-X
M-X
M-X
102
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301, Existing Facilities. The applicant's request for the on-sale of beer and wine involves the permitting and licensing of an existing private structure and does not include any expansion at 609 I Street.
USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision-making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:
General Use Permit Criteria:
1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.
Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;
3. That the proposal will not interfere with the movement of people along an important pedestrian street; and
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:
3 103
1. The primary use will be a restaurant (dine-in).
2. The surrounding area, adjacent uses, and function are primarily mixed-use in nature. A restaurant with the on-sale of beer and wine in this location is consistent with the Mixed-Use Zoning District.
3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the on-sale of beer and wine at this location.
4. The approval of the sale of beer and wine for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.
Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the sale of beer and wine and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.
5. The proposed use is located approximately within 510 feet of a place of worship and daycare facility. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have any adverse effect to the place of worship.
6. The project is located on I Street which is primarily occupied by mixed-use residential/commercial uses. Conditions of approval will regulate loitering and operational characteristics to ensure that the proposal will not interfere with the movement of people along the public right-of-way.
7. There are residential units within proximity of the project site. The project site is located in the Mixed-Use Zoning District and surrounded by existing commercial uses and will not directly impact the nearby residential uses. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
All sales of alcohol will be conducted within the restaurant and must be consumed on the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The restaurant, Biggins Texas BBQ, will also be subject to the Los Banos Municipal Code Noise Ordinance. 4 104
Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 41 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.
ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following :
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.
Census Tract
The project site is located in census tract 22.01
.., Rd
~I
Ir I
I
~Ar- ,!:•:y··:·····-~j"':·:··•
-:zl! -·-'~ I ~- •• i- · . Los Banos 44028
1, !i . .-1~ _,.,-- I /
.o~ . __ :··, __ L_ Crlsrwallolo
••••• : f·•
..
r
)
, I ... ,.• p >-"""-: ~ I - -
I I I I ! .:·•, ~•\ --t . _.,~;~ ·.,.__..ls ·-;,.:,,._.,. ~ I t .a;/ / _ '---- l'l,j~~Rcf .•·- _ ~- ~_<.;,::---.,. • __, l, .; 1 l i. -· .,. ,.., As of the date of this report, there are twelve (12) on-sale licenses for eating establishments active in this specific census tract. The nearest active on-sale alcohol license to the project site within census tract 22.01 is Las Delicia's Restaurant located at 650 I St., is approximately 224 feet away. The approval of the requested Conditional Use Permit will increase the active on-sale alcohol licenses if approved. 5 105
License
Type Business Name Address
41 Jesus's Restaurant 631 H St., Ste. A
41 Me N Ed's Pizzeria 846 W. Pacheco Blvd.
41 6th St. Diner 925 Sixth St.
41 Tacos El Grullense, Jal. 1024 E. Pacheco Blvd.
47 M & M Italian Restaurant 400 Pacheco Blvd.
41 Little Diamond's Pizza 933 Sixth St., Ste. B
41 La Pupusa Loca y Antojitos Mexicanos Restaurant 651 I St. 47 Wool Growers Restaurant 609 H St.
41 Delicia 's Las Palmas Taqueria y Mariscos 502 E. Pacheco Blvd. 41 Las Delicias Restaurant 650 I St.
41 Carnitas El Baiio 455 H St.
47 The Roundup Sports Bar 830 I St.
Type 41 license= on-sale beer and wine Type 47 license= on-sale general alcohol PUBLIC COMMENT:
A public hearing notice was published in the Westside Express and notices were provided to adjacent property owners within a 300-foot radius of the subject property on Wednesday, December 20, 2023. As of the date of this staff report, no comments have been received.
Reviewed by:
Attachments:
1. Resolution
Exhibit A - CEQA Findings
Exhibit B - Project Findings
Exhibit C - Conditions of Approval
2. Floor Plan
3. Site Photos
4. Public Hearing Notice - December 20, 2023
6 106
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS FINDING THE PROPOSED
PROJECT TO BE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15301,
EXISTING FACILITIES AND APPROVING
CONDITIONAL USE PERMIT #2023-09 TO ALLOW
FOR THE ON-SALE OF BEER AND WINE UNDER
A TYPE 41 ALCOHOL LICENSE AT 609 I STREET;
MORE SPECIFICALLY IDENTIFIED AS
ASSESSOR'S PARCEL NUMBER: 025-231-019
WHEREAS, the applicant, Kenneth Lambert, dba Biggins Texas BBQ, has requested that the City of Los Banos consider a Conditional Use Permit to allow the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with a bonafide public eating place located at 609 I Street, Assessor's Parcel Number: 025-231-019; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2023-09 for Biggins Texas BBQ was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 Existing Facilities as the project site is an existing facility and will not be expanding their existing floor print; and WHEREAS, the Los Banos Planning Commission held a public hearing on November 8, 2023, for the purpose of considering Conditional Use Permit #2023-09 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2023-09 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Westside Express on November 22, 2023, and notices were mailed to property owners within a 300-foot radius of the project site as required by the Los Banos Municipal Code and California Government Code Section 65091; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing on Wednesday, December 6, 2023, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in conformance with the Conditional Use Permit criteria established in Section 9-3.2322 of the Los Banos Municipal Code; and 107
WHEREAS, the request/proposed use satisfies the criteria of the Los Banos Municipal Code.
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the Planning Commission of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby affirm the determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities and approves Conditional Use Permit #2023-09 to allow the on-sale of beer and wine in conjunction with a bona-fide public eating place, Type 41, located at 609 I Street; more specifically identified as Assessor's Parcel Number: 025-231-019, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of January 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 108
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2023- 09 - BIGGINS TEXAS BBQ
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2023-09 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of beer & wine involves the permitting and licensing of an existing private structure and involves no expansion at 609 I Street.
2. Conditional Use Permit #2023-09 was adequately noticed on Wednesday, November 22, 2023, for consideration at a public meeting on Wednesday, December 6, 2023.
3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.
4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.
3 109
EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2023-09 - BIGGINS
TEXAS BBQ
The City of Los Banos City Council hereby finds as follows:
1. General Findings:
a. The project is consistent with the City of Los Banos General Plan. a. The General Plan land use designation for the project site is Mixed-Use, which is intended for mixed-use development in Downtown Los Banos, and allows for a mixture of commercial, office, institutional, public/semi public, and residential uses.
The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:
ECONOMIC DEVELOPMENT GOAL ED-2:
Seek and promote particular businesses or development projects that provide needed local goods, services, employment, or those that enhance the city's physical and social well-being and quality of life.
LAND USE GOAL LU-5:
Provide residents with excellent employment and shopping opportunities.
LAND USE GOAL LU-6:
Develop a vibrant, mixed-use Downtown that is the pride of the community.
Evidence/Analysis: Kenneth Lambert d.b.a. Biggins Texas BBQ will have the ability to provide a wider range of service for customers and allows the restaurant to compete with similar type businesses. The proposed use would continue a mixed-use use that is compatible with and complementary of existing mixed-use uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above.
b. The zoning designation for the project site is Mixed-Use (M-X). The purpose of this district is to allow shops on multiple levels, with the first floor primarily retail, with retail, office, residential and other non-retail uses permitted on upper levels. Uses are advocated which foster retail development, with associated residential thereby enhancing the district as a pedestrian oriented shopping area.
4 110
Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 9 as the use will be consistent with the surrounding area, adjacent uses, and function are primarily mixeduse in nature. A restaurant providing for the on-sale of beer & wine is permitted in this location.
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.
Evidence/Analysis: The on-sale of beer & wine will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence/Analysis: The proposed use will be conducted in the Mixed-Use Zoning District and will not result in significant operational changes to the existing mixeduse area. The area's function and character are Mixed-Use, which includes uses that sell alcohol for on-site consumption. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
2. Specific Findings
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.
Evidence/Analysis: The primary use in conjunction with the proposed selling of beer & wine for on-site consumption is a restaurant. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently twelve ( 12). This proposal will increase the amount of active on-sale licenses to thirteen (13). The census tract area and function are primarily mixed-use in nature, and is entirely consistent with a restaurant and the sale of beer & wine for on-site consumption.
The proposed on-sale of beer & wine is complementary to the restaurant use that is compatible with and complementary of existing mixed-use uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the selling of beer & wine for on-site consumption and 5 111
are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of beer & wine at this location.
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.
Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of beer & wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. The project is not located within the immediate vicinity of a place of worship conditions of approval have been incorporated into the project approval to mitigate any potential adverse effect.
3. That the proposal will not interfere with the movement of people along an important pedestrian street.
Evidence/Analysis: Alcohol will not be allowed to be consumed beyond the premises of the restaurant at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of beer & wine at this location will adversely affect any important pedestrian right of ways.
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Evidence/Analysis: There are residential uses within the proximity of the project site. The project site is located in an existing mixed-use development and surrounded by existing mixed-use uses. However, the project will not directly impact the existing residential uses as the project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer & wine for on-site consumption and are . intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences. 6 112
EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2023-09-
BIGGINS TEXAS BBQ
1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.
2. Conditional Use Permit #2023-09 is for Kenneth Lambert d.b.a. Biggins Texas BBQ located at 609 I St., Assessor's Parcel Number: 025-231-019, and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.
3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.
4. The applicant/operator shall obtain and maintain an active Type 47 on-sale of beer & wine in conjunction with a bona-fide eating place license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.
5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.
6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building. All deliveries shall be made from the rear of the building.
7. The Planning Commission reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.
7 113
8. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence.
9. The exterior of the premises, including parking lot area, shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.
10. The premises shall be operated primarily as a restaurant as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement. 11 . The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.
12. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.
13. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
8 114
14. Consumption of alcohol shall only be allowed on the premises of the restaurant.
Outdoor patio consumption of alcohol shall only be permitted with a barrier between the public right -of-way and restaurant patrons to be approved by the Community & Economic Development Director.
15. No loud amplification of music or voice shall be allowed outside.
16. The applicant/operator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.
17. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.
18. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.
19. The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.
20. This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 9 115
~
t.
:>
d 4
'-.I
d
J
~ ~ '-' ~
ct
~
0 "Uo
'-1
0 0 0 0 f)
0 0
(
0 V 0 0 0 0
~
00 O
CJ
~;;.._-------,
l3vr--
0 0
116
117
118
119
120
121
THIS PAGE IS INTENTIONALLY LEFT BLANK
122
LOs Banos
At the l.rossroads of California
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
D~e: December22,2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-09 - Type 41 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider Conditional Use Permit #2023-09 and a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of Beer & Wine for a bona-fide eating place, Biggins Texas BBQ, located at 609 I St., more specifically identified as Assessor's Parcel Number 025-231-019.
The Los Banos Planning Commission held a public hearing on Wednesday, November 8, 2023, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2023-09 to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, January 3, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 48 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Op.~~
Stacy Souza Elms
Community and Economic Development Director
123
THIS PAGE IS INTENTIONALLY LEFT BLANK
124
TO:
FROM:
DATE:
LOsBanos
t ti, ( 10. n ad if , liforri"a
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director 1£- January 3, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: Sale of Residential Real Property Located at 1329 Frank Street, Dos Palos Recommendation:
Adopt a Resolution approving the purchase and sale agreement for the residential real property owned by the City of Los Banos located at 1329 Frank Street, Dos Palos, CA; Assessor's Parcel Number: 012-104-017.
Background:
In 2009 the City of Los Banos took possession of 1329 Frank Street, Dos Palos, CA related to the Mary Ann Jones embezzlement case. It was determined at that time that the City would be better served to lease out the residential property until such time the property value recovered from the Great Recession.
On March 2, 2022, the Los Banos City Council adopted Resolution No. 6467 declaring 1329 Frank Street surplus land as defined by California Government Code Section 54221.
The City delivered a Notice of Availability to all entities requesting to be notified of the availability of sites for lease or purchase. The deadline for interested entities to respond was August 5, 2022, and the City did not receive any notices of interest. The City provided a Notice of Compliance to the Department of Housing and Community Development (HCD) on August 28, 2023. •
1 125
Discussion:
On June 2, 2023, 1329 Frank Street, Dos Palos, CA was listed on the MLS for sale. An appraisal was prepared for the property, which indicated the real property is worth approximately $340,000. The property has been on the market for 6 months and most recently the City received an offer for $315,000. Staff desires to accept the offer from the proposed buyer for $315,000.
The property will be subject to a Restrictive Covenant under the Surplus Land Act that if ten (10) or more residential units are developed on the property, then not less than 15% of the total number of residential units developed on the property shall be sold or rented at affordable housing cost.
Fiscal Impact:
The City of Los Banos will net approximately $283,863.38 from the transaction less cost/ expenses from the sale of the property.
Reviewed by:
Josh Pi Brent Kuhn, Interim Finance Director
Attachments:
1. Resolution
2. Purchase Agreement
2 126
RESOLUTION NO. ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS,
CALIFORNIA, APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE RESIDENTIAL REAL PROPERTY OWNED BY THE CITY LOCATED AT 1329 FRANK STREET, DOS PALOS, (APN: 012-104-017)
WHEREAS, the City of Los Banos is the owner of certain real property located at 1329 Frank Street, Dos Palos (APN: 012-104-017);
WHEREAS, on March 2, 2022, the City Council adopted Resolution No. 6467 finding and declaring that the Real Property located at 1329 Frank Street, Dos Palos (APN: 012-104- 017), is no longer necessary for the City' s use and is therefore surplus land as defined in California Government Code section 54221;
WHEREAS, Pursuant to Resolution 6467 any proposed agreement for the sale of the Property shall be subject to the approval of the City Council.
WHEREAS, on June 6, 2022, the City pursuant to the provisions of Government Code section 54220 et seq. (the "Surplus Land Act"), delivered a Notice of Availability ("NOA") to those entities designated in Section 54222 of the Surplus Land Act, notifying them of the availability for lease or purchase of the Site;
WHEREAS, the deadline for entities to respond to the NOA with a Notice of Interest ("NOI") was, pursuant to Section 54222(e) of the Surplus Land Act, sixty (60) days after issuance of the NOA, or August 5, 2022;
WHEREAS, in response to the NOA, the City received no notice of interest to acquire the subject Real Property within the 60-day noticing period, which expired on August 5, 2022; WHEREAS, on or about August 12, 2019, the City obtained a preliminary property appraisal for the Site, which appraisal indicated that the Real Property is worth approximately $340,000.00.
WHEREAS, on or about June 2, 2023, the City listed the real property for sale; WHEREAS, on August 28, 2023 in accordance with Government Code 54230.S(b)(l) the City provided the California Department of Housing and Community Development ("HCD") with the following information: (1) Resolution declaring the land surplus; (2) a copy of the Notice of Availability (NOA); (3) a copy of the draft affordability covenant; (4) proof of NOA delivery to all required entities (Distribution List and email transmission); and (5) a description of any negotiations that have taken place;
WHEREAS, in response to the City's notice in accordance with Government Code 54230.5(b)(l) HCD has not provided a letter of determination to the City finding that the City had complied with the procedures of the Surplus Land Act nor has HCD made findings of a violation of the Act.
WHEREAS, on December 12, 2023, Buyer(s) provided an offer to the City to purchase the Real Property for $315,000.00;
. WHEREAS, the City desires to accept the offer from Buyer, as described in the Purchase and Sale Agreement, presented to the City council as part of the staff report; (the "PSA"); 127
WHEREAS, approval of the PSA shall be subject to the Restrictive Covenant, which is attached hereto and incorporated herein by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. All of the above recitals are true and correct and incorporated herein by reference.
SECTION 2. Surplus Land Findings and Declaration. The City Council hereby confirms that the Real Property is not necessary for the City's use and is surplus land, as defined in Government Code section 54221, based on the true and correct written findings found in Resolution No.6467, which shall be incorporated herein by reference.
SECTION 2. Approval. The City Council hereby approves sale of the Real Property to Buyer for valuable consideration and approves the related PSA as presented. The City Council hereby finds that the sale of the Property to Buyer(s) is in the best interest of the City.
SECTION 3. Signature Authority. The City Manager is authorized to take any and all actions necessary to facilitate the purposes of this Resolution including, without limitation, execution of the PSA and any documents required for recording in the Recorder's office for the County of Merced.
SECTION 4. CEQA. The City Council finds that the approval of this Resolution is not subject to the California Environmental Quality Act ("CEQA") under Title 14 of the California Code of Regulations, Section 15312 (Class 12, sale of surplus properties). Further, pursuant to Sections 15060( c )(2), the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 5. Effective Date. This Resolution shall take effect upon adoption by the City Council.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _ day of January 2024, by City Council Member ___ _ __,, who moved its adoption, which motion was duly seconded by City Council Member _ ___ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
128
Lucille L. Mallonee, City Clerk
129
THIS PAGE IS INTENTIONALLY LEFT BLANK
130
FORM OF AFFORDABLE HOUSING RESTRICTION
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Los Banos
520 J Street
Los Banos, CA 93635
Attention: City Clerk
APN(s): 012-104-017
[SPACE ABOVE FOR RECORDER'S USE ONLY]
This document is exempt from Recording Fees pursuant
to California Government Code Section 6103 & 27383
AFFORDABLE HOUSING RESTRICTION REGARDING
FUTURE RESIDENTIAL DEVELOPMENT
(CALIFORNIA GOVERNMENT CODE SECTION 54233)
If ten (10) or more residential units are developed on the real property described on Exhibit "A" attached hereto, then not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code.
These requirements shall be restrictions running with the land and shall be enforceable against any owner who violates such restrictions and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
CITY OF LOS BANOS, a municipal corporation
Date: _ __________ _ By: _ ______ ___ _ _ _
Name: ___ _________ _
Title: _ _ __________ _
EXHIBIT ONLY -DO NOT SIGN
INSERT EXHIBIT "A" (LEGAL DESCRIPTION OF LAND)
INSERT APPLICABLE ACKNOWLEDGEMENTS
-1-
131
... DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7 A3F527D6 ,, ~~~~~~~~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT
•• ~ Of RE_-\LTORS~ ANO JOINT ESCROW INSTRUCTIONS ~ (C.A.R. FORM RPA, Revised 12/22) Date Prepared: December 12, 2023
1. OFFER:
A. THIS IS AN OFFER FROM CAROLINA MOSQUEDA-MURILLO, JESUS&PETRA MURILLO DE MOSQUEDA ("Buyer").
B. THE PROPERTY to be acquired is 1329 Frank Ave. , situated in Dos Palos (City), MERCED (County), California, _ _ 9_3_62_0 __ (Zip Code), Assessor's Parcel No(s). 012-104-017 ("Property").
(Postal/Mailing address may be different from city jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES.
D. Buyer and Seller are referred to herein as the "Parties." Brokers and Agents are not Parties to this Agreement.
2. AGENCY:
A. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R.
Form AD) if represented by a real estate licensee. Buyer's Agent is not legally required to give to Seller's Agent the AD form Signed by Buyer. Seller's Agent is not legally obligated to give to Buyer's Agent the AD form Signed by Seller.
B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction.
Seller's Brokerage Firm CENTURY 21 SELECT REAL ESTATE License Number - --=-0~19~1=2~7~4~1 _ _ Is the broker of (check one): liJ the Seller; or LJ both the Buyer and Seller (Dual Agent).
Seller's Agent GENEVA BRETT License Number 01223541
Is (check one): iij the Seller's Agent. (Salesperson or broker associate); or LJ both the Buyer's and Seller's Agent (Dual Agent).
Buyer's Brokerage Firm FIRST 1ST CHOICE REAL TY GROUP License Number 01377995 Is the broker of (check one): Ii] the Buyer; or LJ both the Buyer and Seller (Dual Agent).
Buyer's Agent DAVID MACLACHLAN JR. License Number 02203907 Is (check one): [il the Buyer's Agent. (Salesperson or broker associate); or LJ both the Buyer's and Seller's Agent (Dual Agent).
C. D More than one Brokerage represents D Seller, D Buyer. See, Additional Broker Acknowledgement (C.A.R. Form ABA).
D. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a ~ "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS).
3. TERMS OF PURCHASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms of the Agreement.
R f d h e erence oara JraoI s orov1 'd e f h I urt er exo ana r 10n. Th' IS f orm IS • 16 oaaes. Th e a P rt· 1es are a d vise • d d to rea a 1116 oaaes.
Paragraph Paragraph Title or Contract Terms and Conditions Acldftlonal Terms ,. Term
A 5, SB (cash) Purchase Price $ 315000.00 All Cash
B Close of Escrow (COE) [xi 30 Days after Acceptance oRoriTI (date) C 32A Expiration of Offer 3 calendar days after all Buyer Signature(s) or (date),
at 5PM or __ LJ AM/ LJ PM
D(1) 5A(1) Initial Deposit Amount $ 1,000.00 (__Q,R_% of purchase price) within 3 (or __ ) business days (% number above is for calculation purposes after Acceptance by wire transfer and is not a contractual term) OR □
0(2) 5A(2) D Increased Deposit $ L__% of purchase price) Upon removal of all contingencies (Money placed into escrow after (% number above is for calculation purposes OR □ (date) the initial deposit. Use form DID at and is not a contractual term) time increased deposit is made.) OR □
E(1) 5C(1) Loan Amount(s): First $ 303,975.00 ( 96.50 % of purchase price) Conventional or, if checked, Interest Rate Fixed rate or O Initial adjustable rate
~ FHA (Forms FVAC/HID attached) • not to exceed % VA (Form FVAC attached) Points • Buyer to pay up to _ points to obtain the Seller Financing rate above Other:
If FHA or VA checked, Deliver list of 17 (or ___J Days after Acceptance lender required repairs
E(2) 5C(2) Additional Financed Amount $ L__% of purchase price) Conventional or, if checked, Interest Rate Fixed rate or D Initial adjustable rate 8 Seller Financing • not to exceed % Other:
Points • Buyer to pay up to _ points to obtain
rate above
E(3) 7A Occupancy Type Primary, or if checked, D Secondary D Investment F SD Balance of Down Payment $ 10 025.00
PURCHASE PRICE TOTAL $ 315 000.00
© 2022, California Association of REAL TORS®, Inc.
B,y,e, loiUals~
,~if{ Q,t>/1 ~ ~ G) RPA REVISED 12/22 (PAGE 1 OF 16) ·tials tl)UAl ttOUHG CP!"Olffl.NTY
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS RPA PAGE 1 OF 16 FIRST !ST CHOICE REALTY GROUP, 3191 MST STE A MERCED CA 95348 Phone: (209)723-5627 Fax: 1329 Frank Ave.
David Maclachlan Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 132
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7 A3F527D6 r-rooen: , Aaaress: 1.S;.!:I ~,anK AVe. uos l"BIOS liB Y.SO;.tU D ate: D ecember 12 202 3 Paragraph Paragraph Title or Contract Tenns and Conditions Additional Tenn• • Term
G(1) SE Seller Credit, if any, to Buyer !xi $ 11,500.00 ~ % of purchase price) Seller credit to be applied to closing (% number above is for calculation purposes costs ORD Other:
and is not a contractual term)
G(2) ADDITIONAL FINANCE TERMS: SELLER TO CREDIT $11,500 TOWARDS BUYERS RECURRING AND NON RECURRING CLOSING COSTS.
G(3) 18 D Seller agrees to pay the obligation of Buyer to compensate Buyer's Broker under a separate agreement (C.A.R.
Form SPBB attached}. Seller's Broker's offer, if any, to compensate Buyer's Broker is unaffected unless Otherwise Agreed.
H(1) SB Verification of All Cash (sufficient Attached to the offer orO 3 (or __ ) Days funds) after Acceptance
H(2) 6A Verification of Down Payment and Attached to the offer orO 3 (or_) Days Closing Costs after Acceptance
H(3) 6B Verification of Loan Application Attached to the offer orD 3 (or __ ) Days RPrequalification D Preapproval after Acceptance Fully underwritten preapproval
I Intentionally Left Blank
J 16 Final Verification of Condition 5 (or_) Days prior to COE K 23 Assignment Request 17 (or __ ) Days after Acceptance L 8 CONTINGENCIES TIME TO REMOVE CONTINGENCIES CONTINGENCY REMOVED L(1) 8A Loan(s) 17 (or __ ) Days after Acceptance D No loan contingency L(2) 8B Appraisal: Appraisal contingency 17 (or __ ) Days after Acceptance D No appraisal contingency based upon appraised value at a Removal of appraisal contingency minimum of purchase price or does not eliminate appraisal 0$ cancellation rights in FVAC.
L(3) 8C, 12 Investigation of Property 17 (or __ ) Days after Acceptance Informational Access to Property 17 (or __ ) Days after Acceptance REMOVAL OR WAIVER OF Buyer's right to access the Property for informational purposes is NOT a contingency, CONTINGENCY:
does NOT create cancellation rights, and applies even if contingencies are removed. Any contingency in L(1 )-L(7) may be L(4) 8D, 14A Review of Seller Documents 17 (or __ ) Days after Acceptance, or 5 Days removed or waived by checking the after Delivery, whichever is later applicable box above or attaching a L(5) 8E, 13A Preliminary (''Title") Report 17 (or __ ) Days after Acceptance, or 5 Days Contingency Removal (C.A.R. Form after Delivery, whichever is later CR-8) and checking the applicable box therein. Removal or Waiver at
L(6) 8F, 11 L Common Interest Disclosures 17 (or __ ) Days after Acceptance, or 5 Days time of offer is against Agent advice. required by Civil Code § 4525 or this after Delivery, whichever is later See paragraph SH. Agreement L(7) 8G, 9B(6) Review of leased or liened items 17 (or_) Days after Acceptance, or 5 Days 0 CR-B attached (Such as for solar panels or propane after Delivery, whichever is later tanks or PACE or HERO liens)
L(8) 8J Sale of Buyer's Property Sale of Buyer's property is not a contingency, UNLESS checked here: D C.A.R. Form COP attached M Poueaslon T1me for Performance Additional Terma
M(1) Time of Possession Upon notice of recordation, ORD 6 PM or _ 2_ 0 AM/ !xi PM on date specified, as
applicable, in 3M(2) or attached TOPA.
M(2) 7C Seller Occupied or Vacant units COE date or, if checked below, C.A.R. Form SIP attached if 29 or B
-- days after COE (29 or fewer days) fewer days. C.A.R. Form RLAS __ days after COE (30 or more days) attached if 30 or more days.
M(3) 4A, 7A Occupied units by tenants or D Tenant Occupied Property Addendum Seller shall disclose to Buyer if anyone other than the Seller (C.A.R. Form TOPA) attached occupied by tenants or persons other than the Seller, and attach
TOPA in a counter offer if not part
of Buyer's offer.
N Documents/Fees/Compliance Time for Performance
N(1) 14A Seller Delivery of Documents 7 (or_) Days after Acceptance N(2) 19B Sign and return Escrow Holder 5 (or_) Days after Delivery Provisions and Instructions
N(3) 11L(2) Time to pay fees for ordering HOA 3 (or_) Days after Acceptance Documents
N(4) 10B(1) Install smoke alarm(s), CO 7 (or __ ) Days after Acceptance detector(s), water heater bracing
N(5) 28 Evidence of representative authority 3 Da)twl~r A ~ce,....-os. -- Buyer's Initials I (fa_ ) '_J // W:..AA I
RPA REVISED 12/22 (PAGE 2 OF 16) I i ials --
JP I ~ ~HCUSlhl:l
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 2 OF 16)= Produced wi1h Lone Wolf Transactions (zipForm Edi1ion) 717 N Harwood S1, Suite 2200, Dallas, TX 75201 www !wolf com 1329 Frank Ave. 133
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7 A3F527D6 rrVt-"'"'Y /"\UU(t,;:,;:, IJ.C:t rn:11111 MVti' ., I.IU::i r,11u::. \,cf :tJU.CV I Date· December 12 2023 ' 0 Intentionally Left Blank p Items Included and Excluded
P(1) 9 Items Included - All items specified in Paragraph 9B are included and the following, if checked:
Ix! Stove(s), oven(s), stove/oven
D
Video doorbell(s);
~ Above-ground pool(s) / D spa(s);
combo(s); Security camera equipment; Bathroom mirrors, unless ~ Refrigerator( s ); Security system(s)/alarm(s), other than excluded below; Wine Refrigerator(s); separate video doorbell and camera D Electric car charging systems Washer(s); equipment; and stations;
Dryer(s); B Smart home control devices; D Potted trees/shrubs; Dishwasher( s ); Wall mounted brackets for video or audio Microwave(s); equipment;
Additional Items Included: □ . □
□ □ □
P(2) Excluded Items:
□ □ □
Q Allocation of Costs
Paragraph Item Description Who Pays (if Both is checked, cost to be Addltlonaf Terms • split equaly unless Othefwlse Agreed)
Q(1) 10A, 11A Natural Hazard Zone Disclosure D Buyer Ix! Seller D Both ~ Environmental
Report, including tax information Other
0 Provided by: SELLERS CHOICE
Q(2) 10A D Buyer D Seller D Both
Provided by:
Q(3) Report D Buyer D Seller D Both
Q(4) 108(1) Smoke alarms, CO detectors, water
heater bracing
D Buyer Ix! Seller D Both
Q(S) 10A Government Required Point of Sale D Buyer D Seller D Both 108(2) inspections, reports
Q(6) 108(2) Government Required Point of Sale D Buyer D Seller D Both corrective/remedial actions
Q(7) 19B Escrow Fee 0 Buyer O Seller Ix! Both HALF EACH. D Each to pay their own fees Escrow Holder: TRANSCOUNTY TITLE/LOS BANOS/GABBY M.
Q(S) 13 Owner's title insurance policy 0 Buyer O Seller Ix! Both HALF EACH.
Title Co. (If different from Escrow Holder): TRANSCOUNTY TITLE/LOS BANOS/GABBY Q(9) Buyer's Lender title insurance policy Buyer Unless Otherwise Agreed, Buyer shall purchase any title insurance
policy insuring Buyer's lender.
Q(10) County transfer tax, fees 0 Buyer Ix! Seller O Both IF ANY Q(11) City transfer tax, fees 0 Buyer Ix! Seller O Both IF ANY.
Q(12) 11 L(2) HOA fee for preparing disclosures Seller
Q(13) HOA certification fee Buyer
Q(14) HOA transfer fees D Buyer D Seller O Both Unless Otherwise Agreed, Seller shall pay for separate HOA moveout fee and Buyer shall pay for separate move-in fee. Applies if
separately billed or itemized with
cost in transfer fee.
0(15) Private transfer fees Seller, or if checked, D Buyer D Both Q(16) TC FEE $399.99 fees or costs Ix! Buyer O Seller D Both Q(17) fees or costs D Buyer D Seller D Both
0(18) 10C Home warranty plan chosen by Buyer. D Buyer Ix! Seller D Both If Seller or Both checked, Seller's Coverage includes, but is not limited to: cost not to exceed $ 825.00 Issued by: FIDELITY HOME WARRANTY
D Buyer waives home warranty plan
R OTHER TERMS:
Buyer's lnitiaJ {k l 1? /41LfJ,J)t\ I DS
RPA REVISED 12/22 (PAGE 3 OF 16) ~ •~itials Ci- JP I ~ EQUAL HOIJSIHG CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 3 OF 16) Produced with Lone Wolf Transactions (zipform Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 WflW lwolf com 1329 Frank Ave. 134
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 r-1upt::11y J-\UU(t:,:,:,. fJ,C'/1 rnu,r. MVl:i!., LIU:i ra,u:;, "'" 'IIJO,CU
4. PROPERTY ADDENDA AND ADVISORIES: (check all that apply) Date: December 12, 2023
A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
D Tenant Occupied Property Addendum (C.A.R. Form TOPA) (Should be checked whether current tenants will remain or not.) D Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) D Manufactured Home Purchase Addendum (C.A.R. Form MH-PA) D Tenancy in Common Purchase Addendum (C.A.R. Form TIC-PA) D Stock Cooperative Purchase Addendum (C.A.R. Form COOP-PA) D Mixed Use Purchase Addendum (C.A.R. Form MU-PA) D Other ___________ ________ _ B. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
0 Addendum # _ _____ (C.A.R. Form ADM) 0 Short Sale Addendum (C.A.R. Form SSA) D Back Up Offer Addendum (C.A.R. Form BUO) D Court Confirmation Addendum (C.A.R. Form CCA) D Septic, Well, Property Monument and Propane Addendum (C.A.R. Form SWPI) B Buyer Intent to Exchange Addendum (C.A.R. Form BXA) D Seller Intent to Exchange Addendum (C.A.R. Form SXA) Other ________________ D Other _ __ :-:----:--::---:--- -----=---.,....--- C. BUYER AND SELLER ADVISORIES: (Note: All Advisories below are provided for reference purposes only and are not intended to be incorporated into this Agreement.)
~ Buyer's Investigation Advisory (C.A.R. Form BIA)
~ Wire Fraud Advisory (C.A.R. Form WFA)
jj Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) jj Cal. Consumer Privacy Act Advisory (C.A.R. Form CCPA) (Parties may also receive a privacy disclosure from their own Agent.) § Wildfire Disaster Advisory (C.A.R. Form WFDA) D Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) Trust Advisory (C.A.R. Form TA) D Short Sale Information and Advisory (C.A.R. Form SSIA) REO Advisory (C.A.R. Form REO) 0 Probate Advisory (C.A.R. Form PA) D Other _______________ D Other ________________ _ _
5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE: Buyer represents that funds will be good when deposited with Escrow Holder.
A. DEPOSIT:
(1) INITIAL DEPOSIT: Buyer shall deliver deposit directly to Escrow Holder. If a method other than wire transfer is specified in paragraph 3D(1) and such method is unacceptable to Escrow Holder, then upon notice from Escrow Holder, delivery shall be by wire transfer.
(2) INCREASED DEPOSIT: Increased deposit specified in paragraph 30(2) is to be delivered to Escrow Holder in the same manner as the Initial Deposit. If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount by signing a new liquidated damages clause (C.A.R. Form DID) at the time the increased deposit is delivered to Escrow Holder. (3) RETENTION OF DEPOSIT: Paragraph 29, if initialed by all Parties or otherwise incorporated into this Agreement, specifies a remedy for Buyer's default. Buyer and Seller are advised to consult with a qualified California real estate attorney: (i) Before adding any other clause specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase. Any such clause shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in. the Civil Code; and (ii) Regarding possible liability and remedies if Buyer fails to deliver the deposit.
B. ALL CASH OFFER: If an all cash offer is specified in paragraph 3A, no loan is needed to purchase the Property. This Agreement is NOT contingent on Buyer obtaining a loan. Buyer shall, within the time specified in paragraph 3H(1), Deliver written verification of funds sufficient for the purchase price and closing costs.
C. LOAN(S):
(1) FIRST LOAN: This loan will provide for conventional financing UNLESS FHA, VA, Seller Financing (C.A.R. Form SFA), or Other is checked in paragraph 3E(1).
(2) ADDITIONAL FINANCED AMOUNT: If an additional financed amount is specified in paragraph 3E(2), that amount will provide for conventional financing UNLESS Seller Financing (C.A.R. Form SFA), or Other is checked in paragraph 3E(2). (3) BUYER'S LOAN STATUS: Buyer authorizes Seller and Seller's Authorized Agent to contact Buyer's lender(s) to determine the status of any Buyer's loan specified in paragraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. If the contact information for Buyer's lender(s) is different from that provided under the terms of paragraph 6B, Buyer shall Deliver the updated contact information within 1 Day of Seller's request. (4) FHANA: If FHA or VA is checked in paragraph 3E(1), a FHA/VA amendatory clause (C.A.R. Form FVAC) shall be incorporated and Signed by all Parties. Buyer shall, within the time specified in paragraph 3E(1), Deliver to Seller written notice (C.A.R. Form RR or AEA) (i) of any lender requirements that Buyer requests Seller to pay for or otherwise correct or (ii) that there are no lender requirements. Notwithstanding Seller's agreement that Buyer may obtain FHA or VA financing, Seller has no obligation to pay or satisfy any or all lender requirements unless agreed in writing.
D. BALANCE OF PURCHASE PRICE (DOWN PAYMENT, paragraph 3F) (including all-cash funds) to be deposited with Escrow Holder pursuant to Escrow Holder instructions.
E. LIMITS ON CREDITS TO BUYER: Any credit to Buyer as specified in paragraph 3G(1) or Otherwise Agreed, from any source, for closing or other costs that is agreed to by the Parties ("Contractual Credit") shall be disclosed to Buyer's lender, if any, and made at Close Of Escrow. If the total credit allowed by Buyer's lender ("Lender Allowable Credit") is less than the Contractual Credit, then (i) the Contractual Credit from Seller shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.
6. ADDITIONAL FINANCING TERMS:
A. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Written verification of Buyer's down payment and closing costs, within the time specified in paragraph 3H(2) may be made by Buyer or Buyer's lender or loan broker pursuant to paragraph 6B.
B. VERIFICATION OF LOAN APPLICATIONS: Buyer shall Deliver to Seller, within the time specified in paragraph 3H(3) a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specifi~ in para raph 3E. If any loan specified in paragraph 3E is an adj"stable rate loan, the preqoalfficalion or preappco~r ' e b ,-g~-·-"• Ing r•r zh• initial loan rate.(=) RPA REVISED 12/22 (PAGE 4 OF 16) Buyer's Initials ==-~~=~~~:::::::i~[gCO!litials I ___ ~o.=' CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 4 OF 16) Produced with Lone WolfTransactions {zipForm Edition} 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwojf com 1329 Frank Ave. 135
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 nui.J<::1,y Muu,1::::,::,. 1J1.:1 rn11111 MVtl. uu:. r1:11u:., 1.,1:1 :1Jo1.11 Date: December 12, 2023 C. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing spec1f1ed (including, but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price, and to sell to Buyer in reliance on Buyer's specified financing. Buyer shall pursue the financing specified in this Agreement, even if Buyer also elects to pursue an alternative form of financing. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in this Agreement but shall not interfere with closing at the purchase price on the COE date (paragraph 3B) even if based upon alternate financing. Buyer's inability to obtain alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement.
7. CLOSING AND POSSESSION:
A. OCCUPANCY: If Buyer intends to occupy as a primary or secondary residence (see paragraph 3E(3)), and unless Otherwise Agreed, such as in C.A.R. Form TOPA: (i) the unit Buyer intends to occupy shall be vacant at the time possession is delivered to Buyer, and (ii) if the Property contains more than one unit, within 3 Days after Acceptance Buyer shall give Seller written notice of which unit Buyer intends to occupy. Occupancy may impact available financing. Seller shall disclose to Buyer if occupied by tenants or persons other than Seller, and attach C.A.R. Form TOPA in a counter offer if not part of Buyer's offer.
B. CONDITION OF PROPERTY ON CLOSING:
(1) Unless Otherwise Agreed : (i) the Property shall be delivered "As-ls" in its PRESENT physical condition as of the date of Acceptance; (ii) the Property, including pool, spa, landscaping and grounds, is lo be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, after first Delivering to Seller written notice to remove the items within 3 Days, may pay to have such items removed or disposed of and may bring legal action, as per this Agreement, to receive reasonable costs from Seller. (2) Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller and Agents may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had all required permits issued and/or finalized.
C. SELLER REMAINING IN POSSESSION AFTER CLOSE OF ESCROW: If Seller has the right to remain in possession after Close Of Escrow pursuant to paragraph 3M(2} or as Otherwise Agreed: The Parties are advised to (i} consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (ii) consult with a qualified California real estate attorney where the Property is located to determine the ongoing rights and responsibilities of both Buyer and Seller with regard to each other, including possible tenant rights, and what type of written agreement to use to document the relationship between the Parties. Buyer is advised to consult with Buyer's lender about the impact of Seller's occupancy on Buyer's loan.
D. At Close Of Escrow: (i) Seller assigns to Buyer any assignable warranty rights for items included in the sale; and (ii) Seller shall Deliver to Buyer available Copies of any such warranties. Agents cannot and will not determine the assignability of any warranties.
E. Seller shall, on Close Of Escrow unless Otherwise Agreed and even if Seller remains in possession, provide keys, passwords, codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems, intranet and Internet-connected devices included in the purchase price, garage door openers, and all items included in either paragraph 3P or paragraph 9. If the Property is a condominium or located in a common interest development, Seller shall be responsible for securing or providing any such items for Association amenities, facilities, and access. Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 8. CONTINGENCIES AND REMOVAL OF CONTINGENCIES:
A. LOAN(S}:
(1) This Agreement is, unless otherwise specified in paragraph 3L{1) or an attached CR-B form, contingent upon Buyer obtaining the loan(s) specified. If contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s). If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lender's non-appraisal conditions for closing the loan.
(2) Buyer is advised to investigate the insurability of the Property as early as possible, as this may be a requirement for lending. Buyer's ability to obtain insurance for the Property, including fire insurance, is part of Buyer's Investigation of Property contingency. Failure of Buyer to obtain insurance may justify cancellation based on the Investigation contingency but not the loan contingency.
(3) Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement, unless Otherwise Agreed.
(4) If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (5) NO LOAN CONTINGENCY: If "No loan contingency" is checked in paragraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. If Buyer does not obtain the loan specified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies.
B. APPRAISAL:
(1) This Agreement is, unless otherwise specified in paragraph 3L{2) or an attached CR-B form, contingent upon a written appraisal of the Property by a licensed or certified appraiser at no Jess than the amount specified in paragraph 3L{2), without requiring repairs or improvements to the Property. Appraisals are often a reliable source to verify square footage of the subject Property. However, the ability to cancel based on the measurements provided in an appraisal falls within the Investigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal. For any cancellation based upon this appraisal contingency, Buyer shall Deliver a Copy of the written appraisal to Seller, upon request by Seller.
(2) NO APPRAISAL CONTINGENCY: If "No appraisal contingency" is checked in paragraph 3L(2), then Buyer may not use the loan contingency specified in paragraph 3L(1) to cancel this Agreement if the sole reason for not obtaining the loan is that the appraisal relied upon by Buyer's lender values the property at an amount less than that specified in paragraph 3L{2}. If Buyer is unable to obtain the loan specified solely for this reason , Seller may be entitled to Buyer's deposit or other legal remedies.
(3) ~ Fair Appraisal Act: The Parties acknowledge receipt of the attached Fair Appraisal Act Addendum (C.A.R. Form FAAA).
C. INVESTIGATION OF PROPERTY: This Agreement is, as specified in paragraph 3L{3), contingent upon Buyer's acceptance of the condition of, and any other matter affecting, the Property. See paragraph 12.
D. REVIEW OF SELLER DOCUMENTS: This Agreem~ R~ as fie • . lllaraaraoh 3L(4), conti!ljlent upon Buyer's review and approval of Seller's documents required in parag a~4 . J'J /J.. .pi:-,.. [i__ Gr RPA REVISED 12/22 (PAGE 5 OF 16) Buyer's Initial ==-~.J-.=~;;;;;~ :::..-:~ii.esCbitials Jf I ___ """"""""" _,,.,
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 5 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 WWN lwolt com 1329 Frank Ave. 136
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 r--ropeny Aoaress: 1.s~:1 r-ranK Ave., uos ~a10s1 1,;a ::,.so~u Date: December 12, 2023 E. TITLE:
(1) This Agreement is, as specified in paragraph 3L(5), contingent upon Buyer's ability to obtain the title policy provided for in paragraph 13G and on Buyer's review of a current Preliminary Report and items that are disclosed or observable even if not on record or not specified in the Preliminary Report, and satisfying Buyer regarding the current status of title. Buyer is advised to review all underlying documents and other matters affecting title, including, but not limited to, any documents or deeds referenced in the Preliminary Report and any plotted easements. (2) Buyer has 5 Days after receipt to review a revised Preliminary Report, if any, furnished by the Title Company and cancel the transaction if the revised Preliminary Report reveals material or substantial deviations from a previously provided Preliminary Report.
F. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES (IF APPLICABLE): This Agreement is, as specified in paragraph 3L(6), contingent upon Buyer's review and approval of Common Interest Disclosures required by Civil Code § 4525 and under paragraph 11 L ("Cl Disclosures").
G. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCY: Buyer's review of and ability and willingness to assume any lease, maintenance agreement or other ongoing financial obligation, or to accept the Property subject to any lien, disclosed pursuant to paragraph 96(6), is, as specified in paragraph 3L(7), a contingency of this Agreement. Any assumption of the lease shall not require any financial obligation or contribution by Seller. Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement if Buyer, by the time specified in paragraph 3L(7), refuses to enter into any necessary written agreements to accept responsibility for all obligations of Seller-disclosed leased or liened items.
H. REMOVAL OR WAIVER OF CONTINGENCIES WITH OFFER: Buyer shall have no obligation to remove a contractual contingency unless Seller has provided all required documents, reports, disclosures, and information pertaining to that contingency. If Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency. If Buyer removes or waives any contingencies without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Agent.
I. REMOVAL OF CONTINGENCY OR CANCELLATION:
(1) For any contingency specified in paragraph 3L, 8, or elsewhere, Buyer shall, within the applicable period specified, remove the contingency or cancel this Agreement. (2) For the contingencies for review of Seller Documents, Preliminary Report, and Condominium/Planned Development Disclosures, Buyer shall, within the time specified in paragraph 3L or 5 Days after Delivery of Seller Documents or Cl Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement. (3) If Buyer does not remove a contingency within the time specified, Seller, after first giving Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), shall have the right to cancel this Agreement.
J. SALE OF BUYER'S PROPERTY: This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer unless the Sale of Buyer's Property (C.A.R. Form COP) is checked as a contingency of this Agreement in paragraph 3L(8).
9. ITEMS INCLUDED IN AND EXCLUDED FROM SALE:
A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the Multiple Listing Service (MLS), flyers, marketing materials, or disclosures are NOT included in the purchase price or excluded from the sale unless specified in this paragraph or paragraph 3P or as Otherwise Agreed. Any items included herein are components of the home and are not intended to affect the price. All items are transferred without Seller warranty.
B. ITEMS INCLUDED IN SALE:
(1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances and appliances for which special openings or encasements have been made (whether or not checked in paragraph 3P), window and door screens, awnings, shutters, window coverings (which includes blinds, curtains, drapery, shutters or any other materials that cover any portion of the window) and any associated hardware and rods, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment (including, but not limited to, any cleaning equipment such as motorized/automatic pool cleaners, pool heaters, pool nets, pool covers), garage door openers/remote controls, mailbox, in-ground landscaping, water features and fountains, water softeners, water purifiers, light bulbs (including smart bulbs) and all items specified as included in paragraph 3P, if currently existing at the time of Acceptance.
Note: If Seller does not intend to include any item specified as being included above because it is not owned by Seller, whether placed on the Property by Agent, stager or other third party, the item should be listed as being excluded in paragraph 3P or excluded by Seller in a counter offer.
(3) Security System includes any devices, hardware, software, or control units used to monitor and secure the Property, including but not limited to, any motion detectors, door or window alarms, and any other equipment utilized for such purpose. If checked in paragraph 3P, all such items are included in the sale, whether hard wired or not. (4) Home Automation (Smart Home Features) includes any electronic devices and features including, but not limited to, thermostat controls, kitchen appliances not otherwise excluded, and lighting systems, that are connected (hard wired or wirelessly) to a control unit, computer, tablet, phone, or other "smart" device. Any Smart Home devices and features that are physically affixed to the real property, and also existing light bulbs, are included in the sale. Buyer is advised to use paragraph 3P(1) or an addendum to address more directly specific items to be included. Seller is advised to use a counter offer to address more directly any items to be excluded. (5) Non-Dedicated Devices: If checked in paragraph 3P, all smart home and security system control devices are included in the sale, except for any non-dedicated personal computer, tablet, or phone used to control such features. Buyer acknowledges that a separate device and access to wifi or Internet may be required to operate some smart home features and Buyer may have to obtain such device after Close Of Escrow. Seller shall de-list any devices from any personal accounts and shall cooperate with any transfer of services to Buyer. Buyer is advised to change all passwords and ensure the security of any smart home features.
(6) LEASED OR LIENED ITEMS AND SYSTEMS: Seller, within the time specified in paragraph 3N(1), shall (i) disclose to Buyer if any item or system specified in paragraph 3P or 9B or otherwise included in the sale is leased, or not owned by Seller, or is subject to any maintenance or other ongoing financial obligation, or specifically subject to a lien or other encumbrance or loan, and(;;) Del;ve, to Buye, all w,;tten mate,;a'IC:: a }'J , rJ';;;dng, etc.) con°;,'";ng any such ;re@ RPA REVISED 12/22 (PAGE 6 OF 16) Buyer's Initial - • itials Gr" I --- ~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTl~ RPA PAGE 6 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood S1, Suite 2200, Dallas, TX 75201 www twotf com 1329 Frank Ave. 137
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 nopercy Aaaress: 1.u::, ~ranK Ave., uos YaI0s1 "a 1:1.so:tu Date: December 12, 2023 (7) Seller represents that all items included In the purchase price, unless Otherwise Agreed, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to paragraph 98(6}, and (ii) are transferred without Seller warranty regardless of value. Seller shall cooperate with the identification of any software or applications and Buyer's efforts to transfer any services needed to operate any Smart Home Features or other items included in this Agreement, including, but not limited to, utilities or security systems.
C. ITEMS EXCLUDED FROM SALE: Unless Otherwise Agreed, the following items are excluded from sale: (i) All items specified in paragraph 3P(2); (ii) audio and video components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (iii) furniture and other items secured to the Property for earthquake or safety purposes. Unless otherwise specified in paragraph 3P(1 ), brackets attached to walls, floors or ceilings for any such component, furniture or item will be removed and holes or other damage shall be repaired, but not painted.
10. ALLOCATION OF COSTS:
A. INSPECTIONS, REPORTS, TESTS AND CERTIFICATES: Paragraphs 3Q(1), (2), (3), and (5) only determines who is to pay for the inspection, report, test, certificate or service mentioned; it does not determine who is to pay for any work recommended or identified in any such document. Agreements for payment of required work should be specified elsewhere in paragraph 3Q, or 3R, or in a separate agreement (such as C.A.R. Forms RR, RRRR, ADM or AEA). Any reports in these paragraphs shall be Delivered in the time specified in paragraph 3N(1 ).
B. GOVERNMENT REQUIREMENTS AND CORRECTIVE OR REMEDIAL ACTIONS:
(1) LEGALLY REQUIRED INSTALLATIONS AND PROPERTY IMPROVEMENTS: Any required installation of smoke alarm or carbon monoxide device(s) or securing of water heater shall be completed within the time specified in paragraph 3N(4) and paid by the Party specified in paragraph 3Q(4). If Buyer is to pay for these items, Buyer, as instructed by Escrow Holder, shall deposit funds into escrow or directly to the vendor completing the repair or installation. Prior to Close Of Escrow, Seller shall Deliver to Buyer written statement(s) of compliance in accordance with any Law, unless Seller is exempt. If Seller is to pay for these items and does not fulfill Seller's obligation in the time specified, and Buyer incurs costs to comply with lender requirements concerning those items, Seller shall be responsible for Buyer's costs. (2) POINT OF SALE REQUIREMENTS:
(A) Point of sale inspections, reports and repairs refer to any such actions required to be completed before or after Close Of Escrow that are required in order to close under any Law and paid by Party specified in paragraphs 3Q(5) and 3Q(6). Unless Parties Otherwise Agree to another time period, any such repair, shall be completed prior to final verification of Property. If Buyer agrees to pay for any portion of such repair, Buyer, shall (i) directly pay to the vendor completing the repair or (ii) provide an invoice to Escrow Holder, deposit funds into escrow sufficient to pay for Buyer's portion of such repair and request Escrow Holder pay the vendor completing the repair. (B) Buyer shall be provided, within the time specified in paragraph 3N(1), unless Parties Otherwise Agree to another time period, a Copy of any required government-conducted or point-of-sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property. (3) REINSPECTION FEES: If any repair in paragraph 108(1) is not completed within the time specified and the lender requires an additional inspection to be made, Seller shall be responsible for any corresponding reinspection fee. If Buyer incurs costs to comply with lender requirements concerning those items, Seller shall be responsible for those costs. (4) INFORMATION AND ADVICE ON REQUIREMENTS: Buyer and Seller are advised to seek information from a knowledgeable source regarding local and State mandates and whether they are point of sale requirements or requirements of ownership. Agents do not have expertise in this area and cannot ascertain all of the requirements or costs of compliance.
C. HOME WARRANTY:
(1) Buyer shall choose the home warranty plan and any optional coverages. Buyer shall pay any cost of that plan, chosen by Buyer, that exceeds the amount allocated to Seller in paragraph 3Q(18). Buyer is informed that home warranty plans have many optional coverages, including but not limited to, coverages for Air Conditioner and Pool/Spa. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer and their cost. (2) If Buyer waives the purchase of a home warranty plan in paragraph 3Q(18), Buyer may still purchase a home warranty plan, at Buyer's expense, prior to Close Of Escrow.
11. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS:
A. TDS, NHD, AND OTHER STATUTORY AND SUPPLEMENTAL DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer: unless exempt, fully completed disclosures or notices required by §§ 1102 et. seq. and 1103 et. seq. of the Civil Code ("Statutory Disclosures"). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement (C.A.R. Form TDS), Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or ESD), and, if the Property is in a high or very high fire hazard severity area, the information, notices, documentation, and agreements required by§§ 1102.6(f) and 1102.19 of the Civil Code (C.A.R. Form FHDS). (2) The Real Estate Transfer Disclosure Statement required by this paragraph is considered fully completed if Seller has completed the section titled Coordination with Other Disclosure Forms by checking a box (Section I), and Seller has completed and answered all questions and Signed the Seller's Information section (Section 11) and the Seller's Agent, if any, has completed and Signed the Seller's Agent's section (Section Ill), or, if applicable, an Agent Visual Inspection Disclosure (C.A.R. Form AVID). Section V acknowledgment of receipt of a Copy of the TDS shall be Signed after all previous sections, if applicable, have been completed. Nothing stated herein relieves a Buyer's Agent, if any, from the obligation to (i) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (ii) complete any sections on all disclosures required to be completed by Buyer's Agent. (3) Seller shall, within the time specified in paragraph 3N(1), provide "Supplemental Disclosures" as follows: (I) unless exempt from the obligation to provide a TDS, complete a Seller Property Questionnaire (C.A.R. Form SPQ) by answering all questions and Signing and Delivering a Copy to Buyer; (ii) if exempt from the obligation to provide a TDS, complete an Exempt Seller Disclosure (C.A.R. Form ESD) by ~ in } ~e Q ~ninn and Deliv~~ng a Copy to Buyer. = RPA REVISED 12/22 (PAGE 7 OF 16) Buyer's Initials • 'tials ~ --- ~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 7 OF 16) Produced with Lone Wolf Transactions {zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwo!f com 1329 Frank Avt!. 138
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 noperry Aaaress: 1.sit.1:1 t-ranK Ave., uos ,-.a,os, <ia 1:1.StJit.fJ Date: December 12, 2023 (4) In the event Seller or Seller's Agent, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer under this paragraph, Seller shall, in writing, promptly provide a subsequent or amended TDS, Seller Property Questionnaire or other document, in writing, covering those items. Any such document shall be deemed an amendment to the TDS or SPQ.
However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or which are discovered by Buyer or disclosed in reports or documents provided to or ordered and paid for by Buyer.
B. LEAD DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1 ), for any residential property built before January 1, 1978, unless exempted by Law, Deliver to Buyer a fully completed Federal Lead-Based Paint Disclosures (C.A.R. Form LPD) and pamphlet ("Lead Disclosures"}.
(2) Buyer shall, within the time specified in paragraph 3L(3), have the opportunity to conduct a risk assessment or to inspect for the presence of lead-based paint hazards.
C. HOME FIRE HARDENING DISCLOSURE AND ADVISORY: For any transaction where a TDS is required, the property is located in a high or very high fire hazard severity zone, and the home was constructed before January 1, 2010 , Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer: (i) a home hardening disclosure required by law; and (ii) a statement of features of which the Seller is aware that may make the hame vulnerable to wildfire and flying embers; and (iii) a final inspection report regarding compliance with defensible space requirements if one was prepared pursuant to Government Code§ 51182 (C.A.R. Form FHDS}. D. DEFENSIBLE SPACE DISCLOSURE AND ADDENDUM: For any transaction in which a TDS is required and the property is located in a high or very high fire hazard severity zone, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer (i) a disclosure of whether the Property is in compliance with any applicable defensible space laws designed to protect a structure on the Property from fire; and (ii) an addendum allocating responsibility for compliance with any such defensible space law (C.A.R. Form FHDS).
E. WAIVER PROHIBITED: Waiver of Statutory, Lead, and other Disclosures in paragraphs 11A(1 }, 11 B, 11 C, and 11 D are prohibited by Law.
F. RETURN OF SIGNED COPIES: Buyer shall, within the time specified in paragraph 3L(4) OR 5 Days after Delivery of any disclosures specified in paragraphs 11 A, B, C or D, and defensible space addendum in paragraph 11 D, whichever is later, return Signed Copies of the disclosures, and if applicable, addendum, to Seller.
G. TERMINATION RIGHTS:
(1) Statutory and Other Disclosures: If any disclosure specified in paragraphs 11A, B, C, or D, or subsequent or amended disclosure to those just specified, is Delivered to Buyer after the offer is Signed, Buyer shall have the right to terminate this Agreement within 3 Days after Delivery in person, or 5 Days after Delivery by deposit in the mail, or by an electronic record or email satisfying the Uniform Electronic Transactions Act (UETA), by giving written notice of rescission to Seller or Seller's Authorized Agent. If Buyer does not rescind within this time period, Buyer has been deemed to have approved the disclosure and shall not have the right to cancel.
(2) Defensible Space Compliance: If, by the time specified in paragraph 11F, Buyer does not agree to the terms regarding defensible space compliance Delivered by Seller, as indicated by mutual signatures on the FHDS, then Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement.
H. WITHHOLDING TAXES: Buyer and Seller hereby instruct Escrow Holder to withhold the applicable required amounts to comply with federal and California withholding Laws and forward such amounts to the Internal Revenue Service and Franchise Tax Board, respectively. However, no federal withholding is required if, prior to Close Of Escrow, Seller Delivers (i) to Buyer and Escrow Holder a fully completed affidavit (C.A.R. Form AS} sufficient to avoid withholding pursuant to federal withholding Law (FIRPTA); OR (ii) to a qualified substitute (usually a title company or an independent escrow company) a fully completed affidavit (C.A.R. Form AS} sufficient to avoid withholding pursuant to federal withholding Law AND the qualified substitute Delivers to Buyer and Escrow Holder an affidavit signed under penalty of perjury (C.A.R. Form QS) that the qualified substitute has received the fully completed Seller's affidavit and the Seller states that no federal withholding is required; OR (iii) to Buyer other documentation satisfying the requirements under Internal Revenue Code § 1445 (FIRPTA). No withholding is required under California Law if, prior to Close Of Escrow, Escrow Holder has received sufficient documentation from Seller that no withholding is required, and Buyer has been informed by Escrow Holder.
I. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to § 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) J. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Website. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) K. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 3N(1), if required by Law:
(i) Deliver to Buyer the earthquake guide and environmental hazards booklet, and for all residential property with 1-4 units and any manufactured or mobile home built before January 1, 1960, fully complete and Deliver the Residential Earthquake Risk Disclosure Statement; and (ii) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. L. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer whether the Property is a condominium or is located in a planned development, other common interest development, or otherwise subject to covenants, conditions, aod cestriolioos (CAR. Fo,m SPQ 01 ESD). ru:. (p 1t" pl).. 0 , ~ RPA REVISED 12122 (PAGE 8 OF 16) Boye(s loitial ~ - ililJ iti,ls ~ ___ "::':'"~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 8 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Haiwood St, Suite 2200, Dallas, TX 75201 www !wolf com 1329 Frank Ave. 139
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 t'ropercy Aoaress: 1.s~~ ~ranK Ave., uos t'atos, lia ~.so~u Date: December 12, 2023 (2) If the Property is a condominium or is located in a planned development or other common interest development with a HOA, Seller shall, within the time specified in paragraph 3N(3), order from, and pay any required fee as specified in paragraph 3Q(12) for the following items to the HOA (C.A.R. Form HOA-IR): (i) Copies of any documents required by Law (C.A.R. Form HOA-RS); (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; (v) the names and contact information of all HOAs governing the Property; (vi) pet restrictions; and (vii) smoking restrictions ("Cl Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seller's possession. Seller shall, as directed by Escrow Holder, deposit funds into escrow or direct to HOA or management company to pay for any of the above.
M. SOLAR POWER SYSTEMS: For properties with any solar panels or solar power systems, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer all known information about the solar panels or solar power system. Seller may use the Solar Advisory and Questionnaire (C.A.R. Form SOLAR).
N. KNOWN MATERIAL FACTS: Seller shall, within the time specified in paragraph 3N(1), DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including, but not limited to, known insurance claims within the past five years, or provide Buyer with permission to contact insurer to get such information (C.A.R. Form ARC), and make any and all other disclosures required by Law.
12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyer shall, within the time specified in paragraph 3L(3), have the right, at Buyer's expense unless Otherwise Agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations").
B. Buyer Investigations include, but are not limited to:
(1) Inspections regarding any physical attributes of the Property or items connected to the Property, such as:
(A) A general home inspection.
(B) An inspection for lead-based paint and other lead-based paint hazards. (C) An inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report ("Pest Control Report") showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2). (D) Any other specific inspections of the physical condition of the land and improvements. (2) Investigation of any other matter affecting the Property, other than those that are specified as separate contingencies.
Buyer Investigations include, but are not limited to, an investigation of the availability and cost of general homeowner's insurance, flood insurance and fire insurance. See, Buyer's Investigation Advisory (C.A.R. Form BIA) for more.
C. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling through stucco or similar material; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law.
D. Seller shall make the Property available for all Buyer Investigations. Seller is not obligated to move any existing personal property.
Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is delivered to Buyer. Buyer shall, (i) by the time specified in paragraph 3L{3), complete Buyer Investigations and satisfy themselves as to the condition of the Property, and either remove the contingency or cancel this Agreement, and (ii) by the time specified in paragraph 3L(3) or 3 Days after receipt of any Investigation report, whichever is later, give Seller at no cost, complete Copies of all such reports obtained by Buyer, which obligation shall survive the termination of this Agreement. This Delivery of Investigation reports shall not include any appraisal, except an appraisal received in connection with an FHA or VA loan.
E. Buyer indemnity and Seller protection for entry upon the Property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non-Responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement.
13. TITLE AND VESTING:
A. Buyer shall, within the time specified in paragraph 3N(1), be provided a current Preliminary Report by the person responsible for paying for the title report in paragraph 3Q(8). If Buyer is responsible for paying, Buyer shall act diligently and in good faith to obtain such Preliminary Report within the time specified. The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities.
B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter.
C. Seller shall within 7 Days after request, give Escrow Holder necessary information to clear title.
D. Seller shall, within the time specified in paragraph 3N(1 ), disclose to Buyer all matters known to Seller affecting title, whether of record or not.
E. If Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, U.S. Department of the Treasury, requires title companies to collect and report certain information about the Buyer, depend;ng on whera the Pmpe.-ty ;, locate<l. B,ye, ago;: c r!ite • ;J";. com any's effo,:. to comply wdh the G:O.
RPA REVISED 12/22 (PAGE 9 OF 16) Buyer's Initials - • itials ~ --- ~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 9 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www twolf com 1329 Frank Ave. 140
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7 A3F527D6 t"'roperiy Aaaress: 1.s:.t.11 ~ranK Ave .. uos ,..a,os, lia 11.so:.tu Date: December 12, 2023 F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's vesting instructions. The recording document shall contain Buyer's post-closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.
G. Buyer shall receive a "ALT A/CL TA Homeowner's Policy of Title Insurance" or equivalent policy of title insurance, if applicable to the type of property and buyer. Escrow Holder shall request this policy. If a ALTA/CLTA Homeowner's Policy of Title Insurance is not offered, Buyer shall receive a CL TA Standard Coverage policy unless Buyer has chosen another policy and instructed Escrow Holder in writing of the policy chosen and agreed to pay any increase in cost. Buyer should consult with the Title Company about the availability, and difference in coverage, and cost, if any, between a AL TA/CL TA Homeowner's Policy and a CL TA Standard Coverage policy and other title policies and endorsements. Buyer should receive notice from the Title Company on its Preliminary (Title) Report of the type of coverage offered. If Buyer is not notified on the Preliminary (Title) Report or is not satisfied with the policy offered, and Buyer nonetheless removes the contingency for Review of the Preliminary Report, Buyer will receive the policy as specified in this paragraph.
14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR-B or CC).
A. SELLER DELIVERY OF DOCUMENTS: Seller shall, within the lime specified in paragraph 3N(1), Deliver to Buyer all reports, disclosures and information ("Reports") for which Seller is responsible as specified in paragraphs 7 A, 98(6), 10, 11A, 11 B, 11C, 11D, 11H, 11K, 11L, 11M, 11N, 13A, 13C, and 28.
B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATION (1) Buyer has the time specified in paragraph 3 to: (i) perform Buyer Investigations; review all disclosures, Reports, lease documents to be assumed by Buyer pursuant to paragraph 98(6), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Other Disclosures Delivered by Seller in accordance with paragraph 11. (2) Buyer may, within the time specified in paragraph 3L(3), request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests (C.A.R.
Form RR or RRRR). If Seller does not agree or does not respond, Buyer is not contractually entitled to have the repairs or other requests made and may only cancel based on contingencies in this Agreement. (3) Buyer shall, by the end of the times specified in paragraph 3L (or as Otherwise Agreed), Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement (C.A.R. Form CR-B or CC). However, if any report, disclosure, or information for which Seller is responsible, other than those in paragraph 11A or 11B, is not Delivered within the time specified in paragraph 3N(1 ), then Buyer has 5 Days after Delivery of any such items, or the times specified in paragraph 3L, whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. If Delivery of any Report occurs after a contractual contingency pertaining to that Report has already been waived or removed, the Delivery of the Report does not revive the contingency but there may be a right to terminate for a subsequent or amended disclosure under paragraph 11 G.
(4) Continuation of Contingency: Even after the end of the time specified in paragraph 3L and before Seller cancels, if at all, pursuant to paragraph 14C, Buyer retains the right, in writing , to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of contingency is Delivered to Seller before Seller cancels, Seller may not cancel this Agreement based on that contingency pursuant to paragraph 14C(1).
C. SELLER RIGHT TO CANCEL:
(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) SELLER RIGHT TO CANCEL; BUYER CONTRACT OBLIGATIONS: Seller, after first Delivering to Buyer a Notice to Buyer to Perform, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s):
(i) Deposit funds as required by paragraph 30(1) or 30(2) or if the funds deposited pursuant to paragraph 3D(1) or 30(2) are not good when deposited; (ii) Deliver updated contact information for Buyer's lender(s) as required by paragraph 5C(3); (iii) Deliver a notice of FHA or VA costs or terms, if any, as specified by paragraph 5C(4) (C.A.R. Form RR); (iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 5B or 6A; (v) Deliver a letter as required by paragraph 6B; (vi) In writing assume or accept leases or liens specified in paragraph 8G; (vii) Return Statutory and Other Disclosures as required by paragraph 11 F; (viii) Cooperate with the title company's effort to comply with the GTO as required by paragraph 13E; (ix) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 5A(2) and 29; (x) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 28; or (xi) Perform any additional Buyer contractual obligation(s) included in this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer and other expenses already paid by Escrow Holder pursuant to this Agreement prior to Seller's cancellation. (3) SELLER RIGHT TO CANCEL; SELLER CONTINGENCIES: Seller may cancel this Agreement by good faith exercise of any Seller contingency included in this Agreement, or otherwise Agreed, so long as that contingency has not already been removed or waived in writing.
D. BUYER RIGHT TO CANCEL:
(1) BUYER RIGHT TO CANCEL; SELLER CONTINGENCIES: If, by the time specified in this Agreement, Seller does not Deliver to Buyer a removal of the applicable contingency or cancellation of this Agreement, then Buyer, after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer and other expenses already paid by Escrow Holder pursuant to this Agreement prior to Buyer's cancellation. (2) BUYER RIGHT TO CANCEL; SELLER CONTRACT OBLIGATIONS: If, by the time specified, Seller has not Delivered any item specified in paragraph 3N(1) or Seller has not performed any Seller contractual obligation included in this Agreement by the time specified, Buyer, after first Delivering to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES: Buyer may cancel this Agreement by good faith exercise of any Buyer contingency included in paragraph 8, or ~therwis&Agr 5so long as that contingency has not already been removed in writing. ["ui.t } '] r::s 1'.=)
RPA REVISED 12/22 (PAGE 10 OF 16) Buyer's Initial ~=-~ -d-=~;;;;;,..:=i~ lefi~itials ~ ___ ~=~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 10 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Haiwood St, Suite 2200. Dallas, TX 75201 www lwolf com 1329 Frank Ave. 141
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7 A3F527D6 i--ropercy Aaaress: 1.s:.t:, ,-ranK Ave. uos ,-,a,os L"a i,.so:.tu Date: December 12, 2023 E. NOTICE to BUYER OR SELLER TO PERFORM: The Notice to Buyer to Perform or Notice to Seller to Perform shall: (i) be In writing; (ii) be Signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 Days after Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform or Notice to Seller to Perform may not be Delivered any earlier than 2 Days prior to the Scheduled Performance Day to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 14, whether or not the Scheduled Performance Day falls on a Saturday, Sunday or legal holiday. If a Notice to Buyer to Perform or Notice to Seller to Perform is incorrectly Delivered or specifies a time less than the agreed time, the notice shall be deemed invalid and void, and Seller or Buyer shall be required to Deliver a new Notice to Buyer to Perform or Notice to Seller to Perform with the specified timeframe.
F. EFFECT OF REMOVAL OF CONTINGENCIES:
(1) REMOVAL OF BUYER CONTINGENCIES: If Buyer removes any contingency or cancellation rights, unless Otherwise Agreed, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of Reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for the non-delivery of any Reports, disclosures or information outside of Seller's control and for any Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. (2) REMOVAL OF SELLER CONTINGENCIES: If Seller removes any contingency or cancellation rights, unless Otherwise Agreed, Seller shall conclusively be deemed to have: (i) satisfied themselves regarding such contingency, (ii) elected to proceed with the transaction; and (iii) given up any right to cancel this Agreement based on such contingency.
G. DEMAND TO CLOSE ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a Demand to Close Escrow (C.A.R.
Form DCE). The DCE shall: (i) be Signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 Days after Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days prior to the Scheduled Performance Day for the Close Of Escrow. If a DCE is incorrectly Delivered or specifies a time less than the above timeframe, the DCE shall be deemed invalid and void, and Seller or Buyer shall be required to Deliver a new DCE.
H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the sale and escrow and release deposits, if any, to the Party entitled to the funds, less (i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and (ii) any escrow fee charged to that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. A release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. A Party may be subject to a civil penalty of up to $1,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code § 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faith or which Party is entitled to the deposited funds. Buyer and Seller are advised to seek the advice of a qualified California real estate attorney regarding this matter.
15. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. Buyer acknowledges that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition.
16. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property condition within the time specified in paragraph 3J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7B; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP).
17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless Otherwise Agreed, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, Seller rental payments, to third parties, HOA regular assessments due prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. Seller shall pay any HOA special or emergency assessments due prior to Close Of Escrow. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special or emergency assessments that are due after Close Of Escrow. Property will be reassessed upon change of ownership. Any supplemental tax bills delivered to Escrow Holder prior to closing shall be prorated and paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). Seller agrees all service fees, maintenance costs and utility bills will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month.
18. BROKERS AND AGENTS:
A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. If Seller agrees to pay Buyer's Broker (see paragraph 3G(3)), Seller shall be entitled to a copy of the written portion of the compensation agreement between Buyer and Buyer's Broker identifying the compensation to be paid. See C.A.R. Form SPBB for further information.
B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Agent: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Agent; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, e~n iBXpe • iie_requ.ired to perform re9.Lestate licensed activity.
Buy.er and Seller agree to seek legal, tax, insurance, itltl[d ttipe re {J ~ m appr~ ~~ professionals. (=)' RPA REVISED 12/22 (PAGE 11 OF 16) Buyer's Initial - • itials iL.._t ___ '=~'= CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 11 OF 16) Produced with Lone WolfTransaclions (zipForm Edition) 717 N Harwood Sl, Suite 2200, Dallas, TX 75201 www !wolf.com 1329 Frank Ave. 142
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7 A3F527D6 t"'ropercy Aaaress: 1.s;;e::, t-ranK Ave., uos ,-,a,os. t;a ::,.so;;eu Date: December 12, 2023
19. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3R, 4A, 4B, 5A(1-2) SD, SE, 10B(2)(A), 108(3), 10C, 11H, 11L(2), 13 (except 13D), 14H, 17, 18A, 19, 23, 25, 27, 28, 32, 33, and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in paragraph 18A or paragraph 3 of the Real Estate Brokers Section is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).
The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned.
B. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller shall Sign and return Escrow Holder's general provisions or supplemental instructions within the time specified in paragraph 3N(2). Buyer and Seller shall execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 3, 8, 10, 11, or elsewhere in this Agreement.
C. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days after Acceptance. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title Company when received from Seller, if a separate company is providing title insurance. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 11H, Escrow Holder shall deliver to Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. If Escrow Holder's Qualified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts under paragraph 11H.
D. Agents are not a party to the escrow, except for Brokers for the sole purpose of compensation pursuant to paragraph 18A and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in either of those paragraphs is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement.
E. Buyer and Seller acknowledge that Escrow Holder may require invoices for expenses under this Agreement. Buyer and Seller, upon request by Escrow Holder, within 3 Days or within a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder.
F. Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer's deposit of funds pursuant to paragraphs 5A(1) and 5A(2). Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify each Agent: (i) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.
G. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment.
20. SELECTION OF SERVICE PROVIDERS: Agents do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Agent or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.
21. MULTIPLE LISTING SERVICE ("MLS"): Agents are authorized to report to the MLS that an offer has been accepted and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer acknowledges that: (i) any pictures, videos, floor plans (collectively, "Images") or other information about the Property that has been or will be inputted into the MLS or internet portals, or both, at the instruction of Seller or in compliance with MLS rules, will not be removed after Close Of Escrow; (ii) California Civil Code § 1088(c} requires the MLS to maintain such Images and information for at least three years and as a result they may be displayed or circulated on the Internet, which cannot be controlled or removed by Seller or Agents; and (iii) Seller, Seller's Agent, Buyer's Agent, and MLS have no obligation or ability to remove such Images or information from the Internet.
22. ATTORNEY FEES AND COSTS: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 30A.
23. ASSIGNMENT/NOMINATION: Buyer shall have the right to assign all of Buyer's interest in this Agreement to Buyer's own trust or to any wholly owned entity of Buyer that is in existence at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Prior to any assignment, Buyer shall disclose to Seller the name of the assignee and the amount of any monetary consideration between Buyer and assignee. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is a wholly owned entity or trust of Buyer, that assignee does not need to re-sign or initial all documents provided. Whether or not an assignment requires seller's consent, at the time of assignment, assignee shall deliver a letter from assignee's lender that assignee is prequalified or preapproved as specified in paragraph 6B. Should assignee fail to deliver such a letter, Seller, after first giving Assignee an Notice to Buyer to Perform, shall have the right to terminate the assignment. Buyer shall, within the time specified in paragraph 3K, Deliver any request to assign this Agreement for Seller's consent. If Buyer fails to provide the required information within this time frame, Seller's withholding of consent shall be deemed reasonable. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless Otherwise Agreed by Seller (C.A.R. Form AOAA). Parties shall provide any assignment agreement to Escrow Holder within 1 Day after the assignment. Any nomination by Buyer shall be subject to the same procedures, requirements, and terms as an assignment as specified in this paragraph.
24. EQUAL HOUSING OPPORTUNITY: The Property is sold~' p • wit eral, state and local anti-discrimination Laws. (fa, j:J ••• • • r-::s €,, RPA REVISED 12/22 (PAGE 12 OF 16) Buyer's Initial = =-~ ~ =~~~=::ialiiet!crriitials ~ --- ~~;::;:::- CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 12 OF 16) Produced with Lone WolfTransactions (zipForm EdiLion) 717 N Harwood St, Suite 2200, Dallas , TX 75201 www !wolf com 1329 Frank Ave. 143
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 i--ropercy Aaaress: 1.s~11 t-ranK Ave., uos ,-,a,os, (;a 11.st>~IJ Date: December 12, 2023
25. DEFINITIONS and INSTRUCTIONS: The following words are defined terms In this Agreement, shall be 1nd1cated by initial capital letters throughout this Agreement, and have the following meaning whenever used:
A. "Acceptance" means the time the offer or final counter offer is fully executed, in writing, by the recipient Party and is Delivered to the offering Party or that Party's Authorized Agent.
B. "Agent" means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm identified in paragraph 2B.
C. "Agreement" means this document and any counter offers and any incorporated addenda or amendments, collectively forming the binding agreement between the Parties. Addenda and amendments are incorporated only when Signed and Delivered by all Parties.
D. "As-ls" condition: Seller shall disclose known material facts and defects as specified in this Agreement. Buyer has the right to inspect the Property and, within the time specified, request that Seller make repairs or take other corrective action, or exercise any contingency cancellation rights in this Agreement. Seller is only required to make repairs specified in this Agreement or as Otherwise Agreed.
E. "Authorized Agent" means an individual real estate licensee specified in the Real Estate Broker Section.
F. "C.A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the Parties.
G. "Close Of Escrow", including "COE", means the date the grant deed, or other evidence of transfer of title, is recorded for any real property, or the date of Delivery of a document evidencing the transfer of title for any non-real property transaction.
H. "Copy" means copy by any means including photocopy, facsimile and electronic.
I. Counting Days is done as follows unless Otherwise Agreed: (1) The first Day after an event is the first full calendar date following the event, and ending at 11 :59 pm. For example, if a Notice to Buyer to Perform (C.A.R. form NBP) is Delivered at 3 pm on the 7th calendar day of the month, or Acceptance of a counter offer is personally received at 12 noon on the 7th calendar day of the month, then the 7th is Day "O" for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. (2) All calendar days are counted in establishing the first Day after an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11 :59 pm on the last day for performance ("Scheduled Performance Day"). (4) After Acceptance, if the Scheduled Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or Legal Holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or Legal Holiday ("Allowable Performance Day"), and ending at 11 :59 pm. "Legal Holiday" shall mean any holiday or optional bank holiday under Civil Code §§ 7 and 7 .1, any holiday under Government Code § 6700. (5) For the purposes of COE, any day that the Recorder's office in the County where the Property is located is closed or any day that the lender or Escrow Holder under this Agreement is closed, the COE shall occur on the next day the Recorder's office in that County, the lender, and the Escrow Holder is open. (6) COE is considered Day O for purposes of counting days Seller is allowed to remain in possession, if permitted by this Agreement.
J. "Day" or "Days" means calendar day or days. However, delivery of deposit to escrow is based on business days.
K. "Deliver", "Delivered" or "Delivery" of documents, unless Otherwise Agreed, means and shall be effective upon personal receipt of the document by Buyer or Seller or their Authorized Agent. Personal receipt means (i) a Copy of the document, or as applicable, link to the document, is in the possession of the Party or Authorized Agent, regardless of the Delivery method used (i.e. e-mail, text, other), or (ii) an Electronic Copy of the document, or as applicable, link to the document, has been sent to any of the designated electronic delivery addresses specified in the Real Estate Broker Section on page 16. After Acceptance, Agent may change the designated electronic delivery address for that Agent by, in writing, Delivering notice of the change in designated electronic delivery address to the other Party. Links could be, for example, to DropBox or GoogleDrive or other functionally equivalent program. If the recipient of a link is unable or unwilling to open the link or download the documents or otherwise prefers Delivery of the documents directly, Recipient of a link shall notify the sender in writing, within 3 Days after Delivery of the link (CAR. Form RFR). In such case, Delivery shall be effective upon Delivery of the documents and not the link. Failure to notify sender within the time specified above shall be deemed consent to receive, and Buyer opening, the document by link.
L. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Unless Otherwise Agreed, Buyer and Seller agree to the use of Electronic Signatures. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party.
M. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency.
N. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified in paragraph 32 or paragraph 33.
0. "Otherwise Agreed" means an agreement in writing, signed by both Parties and Delivered to each.
P. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement.
Q. "Sign" or "Signed" means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.
26. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The individual Liquidated Damages and Arbitration of Disputes paragraphs are incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a Counter Offer or addendum. If at least one but not all Parties initial, a Counter Offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance and to market the Property for backup offers after Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. By signing this offer or any document in the transaction, the Party Signing the document is deemed to have read the document in its entirety.
27. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as Otherwise Agreed, this Agreement shall be interpreted, and disputes shall be resolved in accordance with the Laws of the State of California. Neither this greement nor any provision in it may be extended, amended, modified, alte,ed o, ohanged, exoept ;n w,"t'gc:'n B •·Q:;::z;:-- r;:• @), RPA REVISED 12/22 (PAGE 13 OF 16) Buyer's Initials --~=1-~~~~~.=--E.elh!lffl-lflilials ~ ___ ~,,:~ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 13 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwojf com 1329 Frank A vc. 144
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7 A3F527D6 t"'ropercy Aaaress: 1.u~ r-ranK Ave., uos ,-,a,os, lia ~.so~u Date: December 12, 2023
28. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraph 32 or 33 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer (i) represents that the entity for which that person is acting already exists and is in good standing to do business in California and (ii) shall Deliver to the other Party and Escrow Holder, within the time specified in paragraph 3N(5), evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code§ 18100.5), letters testamentary, court order, power of attorney, corporate resolution , or formation documents of the business entity).
29. LIQUIDATED DAMAGES (By initialing in the space below, you are agreeing to Liquidated Damages):
If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEP~ ID O DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DA Vtr fPA. g_ ,/;lA os
Buyer's Initial Seller's Initials
30. MEDIATION:
A. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. The mediation shall be conducted through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties.
The Parties also agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 31B; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 31C; and (iii) Agent's rights and obligations are further specified in paragraph 31 D. These terms apply even if the Arbitration of Disputes paragraph is not initialed.
31. ARBITRATION OF DISPUTES:
A. The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the Parties mutually agree to a different arbitrator. Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.
B. EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) Any matter that is within the jurisdiction of a probate, small claims or bankruptcy court; (ii) an unlawful detainer action; and (iii) a judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code§ 2985.
C. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, provided the filing party concurrent with, or immediately after such filing makes a request to the court for a stay of litigation pending any applicable mediation or arbitration proceeding; or (iii) the filing of a mechanic's lien.
D. AGENTS: Agents shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing.
Any Agents(s) participating in mediation or arbitration shall not be deemed a party to this Agreement.
E. "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 THOSE 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 THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING ARBITRATION." (fa_ J'J t;)_,/,¥J... OUT OF THE MATTERS~ ttN ii, 'ARB. ITRATION OF DISPUTE~ ~OVISION TO NEUTRAL Buyer's Initial Seller's Initials jf I
Produced with Lone Wolf Transactions (zipFonn Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwott corn 1329 Frank Ave. 145
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 i--ropen:y Aaaress: 1.s:.e~ r-ranK Ave., uos Ya10s. \;a ~.so:.eu Date: December 12, 2023
32. BUYER'S OFFER
A. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless by the date and time specified in paragraph 3C , the offer is Signed by Seller and a Copy of the Signed offer is Delivered to Buyer or Buyer's Authorized Agent. Seller has no obligation to respond to an offer made.
B. 0 ENTITY BUYERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Buyers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 28 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: _____________________ _ (4) If a trust, identify Buyer as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
C. The RPA has 16 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up t
D. BUYERS!
12/12/2023
(Signature) By, ..__~;ftlftlr:,ttt~--------------------------Date: _ _____ _ Printed name of BUYER: CAROLINA MOSQUEDA-
□ Printed N ---+-I .u--. _______ Title, if applicable,_,.....,.._,........,,...,...,_.., _ _ 12712/2023 (Signature) By, ...l...!=i;;.;;;;;;;;;;;...~----------lc-.L....:= ,,,.,,.,._.~----------Date: _ ___ __ _ Printed name of BUYER~ JESUS&PETRA MURILL rJrPlA
0 Printed Name of Legally Authorized Signer: _ ____ __________ Title, if applicable, ______ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
33. ACCEPTANCE
A. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement and authorizes Agent to Deliver a Signed Copy to Buyer.
Seller's acceptance is subject to the attached Counter Offer or Back-Up Offer Addendum, or both, checked below.
Seller shall return and include the entire agreement with any response. 0 Seller Counter Offer (C.A.R. Form SCO or SMCO)
0 Back-Up Offer Addendum (C.A.R. Form BUO)
B. D Entity Sellers: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure form (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Sellers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 28 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: _____________________ _ (4) If a trust, identify Seller as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
C. The RPA has 16 pages . Seller acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
I p· I • 12/ 13/ 2023
D. SELLER Sl~!tSJ'Y'
(Signature) By, $(.(, lw.u...tV'6 Date: _____ _
Printed nam--~c-e,w -=.e.,N=E=R'---'--"O=F_,R'--"E=C=O-=--' R=D'---------------- ----- ----- - lx] Printed Name of Legally Authorized Signer: Josh Pinheiro Title, if applicable, City Manager (Signature) By, _______________________________ Date: ______ _ Printed name of SELLER:----------------------------------- 0 Printed Name of Legally Authorized Signer: _______________ Title, if applicable, ______ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
OFFER NOT ACCEPTED: ___ / ___ No Counter Offer is being made. This offer was not accepted by Seller ____ (date) Seller's Initials
RPA REVISED 12/22 (PAGE 15 OF 16) G)
EQl,IAL..011:IRNG ""°'"""""
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 15 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Haiwood St, Suite 2200, Dallas, TX 75201 ww« !wolf com 1329 Frank Ave. 146
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 t"'ropercy Aaaress: 1.s~~ t-ranK Ave., uos f#aI0s, va ~.1o~u Date: December 12, 2023 REAL ESTATE BROKERS SECTION:
1. Real Estate Agents are not parties to the Agreement between Buyer and Seller.
2. Agency relationships are confirmed as stated in paragraph 2.
3. Cooperating Broker Compensation: Seller's Broker agrees to pay Buyer's Broker and Buyer's Broker agrees to accept, out of Seller's Broker's proceeds in escrow, the amount specified in the MLS, provided Buyer's Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Seller's Broker and Buyer's Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DL T) may be used to document that tax reporting will be required or that an exemption exists.
4. Presentation of Offer: Pursuant to the National Association of REAL TORS® Standard of Practice 1-7, if Buyer's Agent makes a written request, Seller's Agent shall confirm in writing that this offer has been presented to Seller.
5. Agents' Signatures and designated electronic delivery address:
A. Buyer's Brokerage Firm FIRST 1ST CHOICE REAL TY GROUP Lie. # -=- 0-'-13=7'-"'7-=-9-=-- 95=-------- By , =•~"'""" DAVID MACLACHLAN JR. Lie.# 02203907 Date 12/12/2023 By I IJ~J.. 11' • 1 ·'1
•
1 • Jr. Lie.# _ ________ Date _______ _
Address 3191 MST. STE. A City MERCED State CA Zip -=-- 95=3:...:4=8 __ _ Email [email protected] Phone # -"(2=0'--'9"-J,_76=-1,....--=- 6=02=6c.__ _____ _ D More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.
D More than one brokerage firm represents Buyer. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es) (Check all that apply):
D Email above; D Text to Phone# above; D Alternate: ______________________ _ B. Se,re7~
0 r:fP6~&~~'a'~ Firm CENTURY 21 SELECT REAL ESTATE Lie.# 0191274112/B/202 3 Byl ~"" 1$,,,ar GENEVA BRETT Lie.# ""0""' 12=2=3=5-'-4-'- 1 ____ Date ______ _ By'---r11F9D34469F496... Lie.# Date --------- --------- Addressll55 E Pacheco Blvd
Email Geneva. B rett@c2 lse l ectg roup. com
City LOS Banos State~Zip 93635
Phone# 209-587-0573
D More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.
D More than one brokerage firm represents Seller. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es) (To be filled out by Seller's Agent) (Check all that apply):
~ Email above; [J Text to Phone# above; D Alternate: _______ _______________ _ ESCROW HOLDER ACKNOWLEDGMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, D a deposit in the amount of$ _____ __,, Counter Offer numbers _______________ and _ __________ , and agrees to act as Escrow Holder subject to paragraph 19 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions.
Escrow Holder is advised by ___ ____________ that the date of Acceptance of the Agreement is _____ _ Escrow Holder ___ ___________________________ Escrow# ___________ _ By _ ___________________________ __________ Date ________ _ Address ----- ---------------------- --------------------- Phone/Fax/ E -ma i I _ ________________ _______________________ _ Escrow Holder has the following license number# _ _____ _ _ _ D Department of Financial Protection and Innovation, D Department of Insurance, D Department of Real Estate.
PRESENTATION OF OFFER: -t---- '----Seller's Brokerage Firm presented this offer to Seller on ______ (date). r Seller Initials
Buyer's Initials
© 2022, California Associa1ion of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of 1his form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals 1hrough an agreement with or purchase from the California Association of REAL TORS®. It is no1 intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics.
I] Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® . 525 South Virgil Avenue, Los Angeles, California 90020 RPA REVISED 12/22 (PAGE 16 OF 16)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 16 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 1329 Frank Ave. 147
. DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 4-~ _ tsu Y t:.K"~ INVESTIGATION ADVISORY
A ~;~~~i~~~ (C.A.R. Form BIA, Revised 12/21)
~ nr RE.-1.L TOR • •
~ Property Address 1329 Frank Ave., Dos Palos, Ca 93620
1. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations.
2. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as those listed below. If Broker gives you referrals to professionals, Broker does not guarantee their performance.
3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE FOLLOWING. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
A. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof (condition, age, leaks, useful life), plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa (cracks, leaks, operation), other structural and non-structural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property.
8. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other barriers or markers do not necessarily identify true Property boundaries.
C. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms.
D. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage.
E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS; WASTE DISPOSAL: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees.
F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, leadbased paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants).
G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood.
H. FIRE, HAZARD, AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary.
The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies.
I. BUILDING PERMITS, ZONING, GOVERNMENTAL REQUIREMENTS, AND ADDRESS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. Postal/mailing address and zip code may not accurately reflect the city which has jurisdiction over the property.
J. RENTAL PROPERTY RESTRICTIONS: The State, some counties, and some cities impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements.
K. SECURITY ANO SAFETY: State and local Law may require the installation of barriers, access alarms, selflatching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property.
© 2021, California Association of REAL TORS®, Inc.
BIA REVISED 12/21 (PAGE 1 OF 2)
BUYER'S INVESTIGATION ADVISORY BIA PAGE 1 OF 2
FIRST !ST CHOICE REALTY GROUP, 3191 MST STE A MERCED CA 95348 Phone: (209)723-5627 Fax: 1329 Frank Ave.
David Maclachlan Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 148
DocuSign Envelope ID: E9BAD735-6AD4-4060-95DC-B3F7A3F527D6 L. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, law enforcement, crime statistics, registered felons or offenders, fire protection, other government services, availability, adequacy and cost of internet connections or other technology services and installations, commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer.
By signing below, Buyers acknowledge that they have read, understand, accept and have received a Copy of this Adviso ¥.&rdi.ar~ encouraged to read it carefully.
Buyer ct)_Jv~ db :
12/12/2023
CAROLINA MOSQUEDA-MURILLO Date _____ _
Buyer JESUS&PETRA MURILLO DE MOSQUEDA Date _ 1
_
2 _
1 _
12 _
1 _
2 _
0 _
2 3
__
© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. II is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REAL TORS® _ 525 South Virgil Avenue, Los Angeles, California 90020 BIA REVISED 12/21 (PAGE 2 OF 2)
BUYER'S INVESTIGATION ADVISORY (BIA PAGE 2 OF 2) Produced with Lone Wolf Transacijons (zipForm Edition) 717 N Haiwood St, Suite 2200, Dallas, TX 75201 www.lwolf com 1329 Fraak Ave. 149
THIS PAGE IS INTENTIONALLY LEFT BLANK
150
TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ January 3, 2024
TYPE OF REPORT: Agenda
SUBJECT: Professional Services Agreement for Social Media Content Services with Imagine Way More, LLC
Recommendation:
That the City Council approve a Resolution authorizing the City Manager to sign a Professional Services Agreement with Imagine Way More, LLC for Social Media Content Services.
Discussion:
The Community and Economic Development Department prepared a Request for Proposal (RFP) from qualified agencies to provide social media content services to maximize Los Banos' online presence through diverse, engaging, and tailored content.
The scope of services includes the creation of social media content for Facebook, lnstagram, and TikTok with customized captions for each content piece to ensure peak engagement. The deliverables include video reels, talking head videos, online gallery, social media management, content calendar, and monthly strategy calls.
1 151
The RFP was published in the Merced Sun Star and published on the City's website. In addition, staff emailed local firms with existing business licenses to solicit proposals.
In response to the RFP, the City received four (4) responsive proposals from qualified firms. After reviewing and evaluating all proposals, staff recommends the City Council authorize the City Manager to execute a Professional Service Agreement with Imagine Way More, LLC for social media content services to not exceed $7,500 per month for one (1) year.
Fiscal Impact:
The contract amount for social media content services has been included in the adopted 2023-2024 Fiscal Budget under Economic Development Projects account 100-419-100- 269.
Reviewed by:
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Professional Service Agreement
2 152
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT WITH IMAGINE WAY
MORE, LLC FOR SOCIAL MEDIA CONTENT
SERVICES
WHEREAS, A Request for Proposals for social media content services was issued on October 30, 2023; and
WHEREAS, the funds are available in the Assigned General Fund Balance and has been authorized by the City Council;
WHEREAS, the proposed Professional Service Agreement has been reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:
1. That the proposal by Imagine Way More, LLC, for social media content services, is hereby accepted, and the City Manager be and is hereby authorized and directed to execute an agreement in the form presented herewith for and on behalf of the City.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of January 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
1 153
THIS PAGE IS INTENTIONALLY LEFT BLANK
154
PROFESSIONAL SERVICES AGREEMENT
FOR SOCIAL MEDIA CONTENT SERVICES
[Imagine Way More, LLC]
THIS Professional Services Agreement ("Agreement") is made and entered into as of the _ day of January 2024, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and IMAGINE WAY MORE, LLC, a California Limited Liability Company (herein referred to as "Contractor") collectively ('Parties").
RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, City desires to contract out for creation of social media content; C. WHEREAS, Contractor IMAGINE WAY MORE, LLC, submitted a proposal in response to a Request for Proposals prepared by the City for creation of social media content; D. WHEREAS, City has 'determined that Contractor is qualified by experience and ability to render such services; and
E. WHEREAS, City and Contractor desire to contract for specific services in connection with the creation of social media content for the City and desire to set forth their rights, duties and obligations in connection with the services to be performed.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall commence on January 4, 2024 and shall terminate on the 5th day of January 2025, unless terminated earlier as set forth herein. The Agreement may be extended on the same terms and conditions set forth herein for two additional one- year periods upon written notice by City to Contractor thirty days prior to the expiration of the original term or extended term.
2. Scope of Services. Contractor shall diligently perform all the services and deliverables described in Exhibit A attached hereto and incorporated herein by reference.
Notwithstanding services described above, the City may request and Contractor may agree to perform other services. The scope of such other services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.
2.1. All professional services shall be performed by Contractor or under Contractor's supervision. All professional services to be provided by Contractor pursuant to this Agreement 1 155
shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Social Media Content Providers in accordance with sound professional practices.
2.2 Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4. Compensation. City shall pay Contractor at the rate of $7,500 per month for the professional services including travel time, payable on or before the 10th day of each month.
Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub consultant fees, shall not exceed $7,500 per month without additional authorization from City.
4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding period. Contractor's invoices shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed.
4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in advance by City.
4.3 Contractor shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
5. Contract Administration. 1be City Manager shall have the authority to act for City under this Agreement. The City Manager or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement.
Gabriel 0. Ortiz Lepe shall have the authority to act for Contractor under this Agreement.
6. Project Managers. City shalJ designate a Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager to work directly with the City in the performance of this Agreement. This Project Manager sha1l 2 156
be available • to City at all reasonable times during the Agreement term. Contractor has designated Gabriel 0. Ortiz Lepe to be its Project Manager. Consultant sha11 not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld.
7. Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's Services, under this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.
8. Insurance. Without limiting Contractor's indemnification of City, and upon execution of this Agreement~ Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates o( Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. Proof of Workers' Compensation is not required if Contractor provides written verification that Contractor has no employees. 3 157
ii. General Liability Coveral.!.e. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodi]y injury, personal injury, and property damage, including without ]imitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 IO to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance .only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officiaJs, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or vqlunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
4 158
8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
8.2 Contractor shall not allow any subcontractors to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name the City as an additional insured using ISO form CG 20 3 8 04 13 or an endorsement providing the exact same coverage. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.
9. Nondiscrimination. In the performing of this Agreement, Contractor shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.
10. Independent Contractor. It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in tlus Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in comp1iance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services.
10 .1 The Contractor shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Contractor or any other person performing services under this Agreement.
Contractor and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.
11. Ownership of Content. All content, and materials of any and every type prepared by the Contractor pursuant to this Agreement shall be the property of the City. Such content shall include but not be limited to all, electronic media furnished or prepared or accumulated by the Contractor in performing work under this Agreement, whether completed or in process.
5 159
12. ConfidentiaJih,. All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
13. Access to Records. Contractor shall maintain all records, relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection. Contractor shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.
14. Conflict of Interest. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materialJy affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financial1y affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.
Contractor represents that neither Contractor, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.
15. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense.
16. Compliance with Laws, Rules, Regulations. Contractor shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' 6 160
compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement.
17. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
18. Severabilio ·. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
19. WaiverNalidin·. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
20. Jurisdiction. City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
21. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Josh Pinheiro
To Contractor:
Imagine Way More, LLC
Los Banos, California 93635
Attn: Gabriel 0. Ortiz Lepe
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
7 161
22. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Contractor.
Jn the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Contractor sha11 be entitled to compensation for all services rendered and work performed for City to the date of such termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: ______ , 2023
Date: _____ _, 2023
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
8 IMAGINE WAY MORE, LLC
by: Gabriel 0. Ortiz Lepe
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro,
City Manager
162
EXHlBIT A
9 163
THIS PAGE IS INTENTIONALLY LEFT BLANK
164
IMAGINE WAY MORE LLC
SOCIAL MEDIA MARKETING AGENCY
Purpose
Imagine Way More LLC is thrilled to present this enhanced $7500 proposal that aligns seamlessly with Client's evolving vision. The commitment is to maximize Los Banos' online presence and showcase its journey towards success through diverse, engaging, and tailored content.
Scope of Work
Provider shall create captivating social media content for Facebook, Instagram, and TikTok. The scope includes:
• Content Creation: Three content creation days (4-8 hours each) per month with on-call availability. • Customized Captions: Custom optimized captions for each content piece to ensure peak engagement.
Monthly Deliverables
• Video Reels: Minimum 35 engaging vertical video reels for Instagram and TikTok, showcasing a dynamic mix of topics, from city initiatives to community stories. • Thlking Head Video: Optional 2-3 minute talking head update video for Facebook, offering insights into city progress and engagement.
• Online Gallery: A curated gallery of captivating images tailored to each department's unique offerings. • Social Media Management: Comprehensive management, including SEO optimization and data analysis, ensuring an impactful digital presence.
• Content Calendar: A well-structured calendar for Client's approval, allowing timely content distribution. • Monthly Strategy Calls: Regular calls to align strategies, fostering consistent growth.
Gabriel Omar Ortiz Lepe
Imagine Way More. LLC
CEO I Creative Director I Market Strategist
JMAGJNE WAY MORE I iruaginewa¥rume@gmail cam I (209) 587-9063 165
THIS PAGE IS INTENTIONALLY LEFT BLANK
166
LOsBanos
TO:
FROM:
DATE:
t th
Agenda Staff Report
Mayor Llanez and City Council Members
Brent Kuhn, Interim Finance Director
January 3, 2024
I c,,l~fornia
SUBJECT: Commitment of Fund Balance for the General Fund TYPE OF REPORT: Non-Consent Agenda
Recommendation:
Staff recommends the City Council adopt a resolution committing General Fund Balance for the Police Annex and Old PD Facilities project.
Background:
The Police Department recently moved out of the two facilities. The main facility located at 945 5th Street and the Police Annex Building, an old bank building approximately half a block away from the main facility. These facilities are outdated and the City needs to assure that funding is in place to address the costs associated with the future renovation needs of these properties.
This staff report outlines the commitment of General Fund Balance for this project.
Discussion:
Under GASS 54, financial statements for governmental funds report up to five components of fund balance: nonspendable, restricted, committed, assigned and unassigned.
The committed fund balance under GASS 54 is defined as the portion of spendable fund balance that reflects constraints the city has imposed upon itself by a formal action of the city council. The proposed resolution imposes that restraint for the old PD and Annex project financing.
Fiscal Impact:
Staff is requesting that the following funds be formally committed to the following individual projects.as illustrated below:
Police Annex Renovation
Old PD
$7,000,000
$1,000,000
167
The commitment of these funds will not adversely impact the the city's fund balance policy that requires thirty percent (30%) of unassigned fund balance be maintained for fiscal stability.
Attachments:
Resolution
Fund Balance Policy
168
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS TO COMMIT FUNDING TO RENOVATE
AND EQUIP THE POLICE DEPARTMENT MAIN
BUILDING AT 945 5TH STREET AND THE POLICE ANNEX
LOCATED AT 535 J STREET
WHEREAS, upon completion of the new Los Banos Police Facility, the Police Department has completely vacated the Police Department Main Building at 945 5th Street and the Police Annex located at 535 J Street;
WHEREAS, the City Council of the City of Los Banos finds that is in the best interest of the City to renovate the facilities vacated by the Police Department.
WHEREAS, pursuant to City Council Resolution 5334 the City's Fund Balance Policy, "fund balances" are classified as "non-spendable", "spendable", "restricted", "committed", "assigned", or "unrestricted", and
WHEREAS, the Fund Balance Policy requires formal action of the City Council to commit fund balances for specific uses; and
WHEREAS, an analysis of the unaudited financial statements, staff has determined that there will be fund balance as of June 30, 2023; and
WHEREAS, the City Council seeks to reserve the fund balances in the Committed Fund Balance account to renovate and equip the Police Department Main Building at 945 5th Street and the Police Annex located at 535 J Street, as further provided in Exhibit A, attached hereto.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does commit fund balances as described in Exhibit A attached hereto and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of January 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
169
THIS PAGE IS INTENTIONALLY LEFT BLANK
170
RESOLUTION NO. 5334
A RESOLUTION OF THE CITY OF LOS BANOS
CLASSIFYING THE VARIOUS COMPONENTS OF
FUND BALANCE AS DEFINED IN
GOVERNMENTAL ACCOUNTING STANDARDS
BOARD STATEMENT NO. 54 AND ADOPT A
FUND BALANCE POLICY
WHEREAS, the Governmental Accounting Standards Board {GASB) has issued its Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions with the intent of improving financial reporting by providing fund balance categories that will be more easily understood; and
WHEREAS, the City Council of the City of Los Banos desires to classify the various components of fund balance reported by the City as defined in Governmental Accounting Standards Board Statement No. 54; and
WHEREAS, the City Council of the City of Los Banos approves and defines the various components of fund balance as reported by the City as presented in Exhibit A - Fund Balance Policy attached to this resolution; and
WHEREAS, the classification and reporting of fund balance components as required by Governmental Accounting Standards Board Statement No. 54 will become effective beginning the 2010-2011 Fiscal Year; and
WHEREAS, the City Council of the City of Los Banos designates the City Manager as the City official to determine and define the amounts of those components offund balance that are classified as "Assigned Fund Balance." NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Los Banos adopts the Fund Balance Policy attached as Exhibit A The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held of the 15th day of June 2011, by Council Member Faria who moved for its adoption, which motion was duly seconded by Council Member Silveira, and the Resolution was adopted by the following vote.
AYES: Council Members Faria, Silveira, Sousa, Stone, Mayor Villalta NOES: None
ABSENT: None
APPROVED:
ATTEST:
Lucille L. Mallonee,
~-~ City Clerk
171
THIS PAGE IS INTENTIONALLY LEFT BLANK
172
ExhibitA
Fund Balance Policy
To provide a stable financial environment for the City of Los Banos' operationsthat allows the .
Cityto provide quality services to its·residents in a.fiscally responsible manner designed to keep services ruid taxes as consistent aspossible over time. This. fund balance policy is meant to . . . ' . . . . . serve as the framework upon whid;i consistent operations may be built and sustained.
Fund Balance ·Definitions & Poli,cies
Fund Balance ~ Fund Balance is the difference between assets arid liabilities in governmental •. funds (i.e'. general fund, special revenue funds~ capital project funds, debt service funds and • • · permanent funds).
. . .
1. . N on.;.spendable Fund Balance -· Describes the amount of a fqnd balance that.cannot be • spent because it is either not in spendable form or there is alegal or contractual . . . . . requirement for the funds to be remaining intact. Policy.:. At the end of each fiscal year; . . . . . ( . . . . . . . . . . . . the City will report the portion of the fund balance that isuot in.spendable form as Non- • spendable Fund Balance on the·finaricial statements.
2. • Spendable Fund Balance - Describes the amount of fund balance that is available for • appropriation based on the constraints that control how specific amounts can be spent.
Typically,: a significant portion of a government1
s spendable resources can be spent oniy
• for specified purposes. The following categories define the revenue source and the level of force of the constraint on spending. Categories should be supported by actual plans . . . . . . . ·.·approved by·either the governing body, an appropriate officer, grant providers or en,abling legislationi • .
3. Restricted Fund Balance -The restricted fund balance category includes the portion of· • the spendable fund balance that reflects constraints .on spending because of legal . • restrictions stipulated by outside parties (e.g., encumbrances for goods or services with outside parties-creditors, grantors outstanding at the· end of the year), Also, any legal . ..restrictions based onstate statutes or grant requirements: placed on the use for specific . purposes~ Policy - At th.e end of each fiscal year, the City wiH report "restricted" fund •. balance for amounts that have applicable legal restrictions per Governmental Accounting • • •• Standards Board (GASB) Statement No: 54. In ·addition, encumbrances or funds restricted by enabling legislation will be reported.as "restricted" .. • 4. Committed Fund Balance ~ The committed fund balance classification includes the . portion of the spendable fund balance that reflects constraints· that the city has. fmpqsed upon itselfby aformal action of the city council (for example, an ordinance or resolution • passed by acity council). This constraintmust be imposed prior toyea:r end but the arriount can be determined at a later date; Policy '" Prior. to the. end of each fiscal year, the 173
City willreport "coinmitted" fund balance for long~term loan receivables such as • advances to other funds and siniilat accounts ..
. 5. • Assigned Fund Balance .c The assigned fun,d balance is the portion of the spendablefund balance that reflects funds intended to be used by the governmentfor specific purposes . ·assigned by more informal.operatiomtl pians (e.g. capitaLgoods replacement -the . constraint on use is nodmpo~ed by exten;1al parties or by formal councH action). In .. . governmental funds other than the general fund (special revenue funds, capital project funds, debt service funds and permanent funds), assigned fund balance represents the • amount that is not restricted orHmited. The authority to "assign;' fund balance is . . delegated to the City Manager. Policy ~ Atthe end of each fiscal year, . The City will •. •. maintain Spendable - Assigned portion of the fund balance fbr special. revenue funds cash flow in a range equal to 20 ~ 40% of the subsequent year's budgeted revenues. And the City will assign capital improvement based on capital need. . . . . . . : .
6. Unassigned Fund Balance .,. Thkis the residual classification for the government's General Fund and includes all speIJ.dable RTT1ounts not contained in.the other classifications and, therefore, notsubject to any constraints. Unassigned amounts are . a,vailable for any purpose. These are the current resources available for which there are . no government self-imposed limitations or set spending plan. Although there is generally ·no set spending plan for the undesignated portion, there is a need to maintain a certain fundiilg ·level. Undesignated fund balance is conunonly used for emergency expenditures·· not previously considered. In addition, the· resources classified as undesignated can be · used to cover expenditures for revenues not yet received. Policy ~ At the end of each fiscal year, the City will maintain SpeI).dable - Unassigned portions of the fund balance for CashFlow equal to 30% of the General F'und operating expenditures'. • In addition to .cash flow needs.this accommodates.emergency contingency concerns. In the event that .. amounts designated for cash flow fall above or below the desired range, the. City ..
Manager shall report such amounts to the City Council as soon as practical after the end . of the fiscai year. • Should the actual amount desigrtated for Cash Flow fall below the . desired range, the City shall create a plan to restore the appropriate levels, Should the . actual amount designated for cash flow rise above the desired range, any excess funds • will remain undesignated pending the Council's final decision concerning transfer to another fund. It is the policy of the City that such excess funds will be, by council action,· to be reported in the spendable limited category.of this policy. 174
LOsBanos
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 29, 2023
Re: Notice of Public Hearing
Proposal: Site Plan Review #2023-01 & Final Development Plan #2023-01- Seventh St. Apartments
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15332 (In-fill Development Projects), Site Plan Review #2023-01, and Final Development Plan #2023-01 for Seventh St.
Apartments. The project consists four (4) multi-family residential structures totaling 18 units. The project site is located southwest quadrant of Seventh St. and Willmott Ave. intersection; more specifically identified as Assessor's Parcel Numbers: 082-420-047.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, January 10, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
tffl\
175
LOsBanos
A, tlu ( rm,sroads of< ... alifo111w
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 29, 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-12 - Place of Worship NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2023- 12 to allow a place of worship for Los Banos Victory Outreach within the General Industrial Zoning District. The subject property is located at 80 W. G St., Stes.
C&D, more specifically identified as Assessor's Parcel Number: 081-110- 008,009.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, January 10, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing.
Associate Planner
176
,LOsBanos
I th,· ( rossroa,ls oj C alifo, nia
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 29, 2023
Regarding: Notice of Public Hearing
Proposal: Site Plan Review #2023-09, and an Addendum to Negative Declaration (SCH#2017121060)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider an addendum to Negative Declaration (SCH#201712060) and a Site Plan Review #2023-09 for Paradise Tomato Kitchen Warehouse Expansion. The proposed project consists of a 234,054 square foot expansion for their current warehouse. The project site is located at 149 W. G St.; more specifically identified as Assessor's Parcel Number: 081-110-056.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, January 10, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827- 7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing Rudy Luquin
Associate Planner
177