REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 2, 2026
Agenda Number: ___________
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:
Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District Zone of Benefit 27B
RECOMMENDATION:
Staff recommends that the Council:
1. Adopt Resolution:
a. Approving the Final Map for the Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03).
b. Approving Agreement for the Vineyard Estates Phase III-B Subdivision (Agreement).
c. Authorizing staff to record the Final Map and Agreement. d. Accepting the Dedication of Land for Public Use.
2. Adopt Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 27B, to Review the Improvements and Assessments for Fiscal year 2027/28, and Setting a Public Hearing
SUMMARY:
On December 8, 2020, the City’s Planning Commission approved Tentative Subdivision Map No. TSM 2020-04 for the Vineyard Estates Phase III-B Subdivision (“Project”). The first Proposed Resolution relates to approval of the Final Map and the Subdivision Improvement Agreement (“Improvement Agreement”) for the Project. The second Proposed Resolution relates to initiation of proceedings for the annexation to the applicable Landscape and Lighting Assessment
B-5
District. Attachment 1 illustrates a Project Location Map.
DISCUSSION:
The Final Map for the Project has been checked and approved by the City Engineer. The Final Map substantially complies with the approved tentative map. Annexation of the Project into LMD Zone of Benefit 27B is one component of the project that must be approved prior to recordation of the Final Map.
Prior to recordation of the Final Map:
1. Annexation of the Project into LMD Zone of Benefit 27B shall be completed. A second meeting to complete this process will be scheduled as part of this action.
2. Annexation of the Project into the City’s Community Facilities District (CFD) shall be completed through a separate action to be presented to the Council
3. All taxes will be paid
4. Bonds and insurance requirements will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Improvement Agreement.
5. Plan Check & Inspection Fee will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Improvement Agreement.
The Subdivider, DMP Development Corporation, Inc., A California Corporation has signed a Petition (Including Consent and Waiver) Requesting Annexation into LMD Zone of Benefit 27B (Attachment 2).
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA.
FINANCIAL IMPACT:
Parcels within the subdivision will be responsible for participating in the cost of maintaining existing and proposed landscaping within the subject zone. As such, there are no financial impacts to the General Fund so long as assessments are adjusted promptly.
In addition to the LMD, the Subdivision will also be included in the City’s Community Facilities District (CFD) to offset any impacts to the City’s General Fund.
ALTERNATIVES:
Not approve one or more items associated with this Staff Report. If Council does not approve the Final Map, the execution of the Agreement and the annexation of the parcels into the existing LMD zone, it would result in the inability to record the Final Map and for the Subdivider to complete the project. Disapproval will require the Council to make certain findings that specific conditions have not been met.
ATTACHMENTS:
1. Project Location Map
2. Petition (Including Consent and Waiver) Requesting Annexation LMD Zone of Benefit 27B Exhibit A – Legal Description
3. Final Map
4. Resolution – Approving Final Map and Agreement
Exhibit A – Improvement Agreement
Exhibit A – Legal Description
Exhibit B – Development Impact Fees
Exhibit C – Engineer’s Estimate
5. Resolution – Initiation of Proceedings for Annexation into Zone of Benefit 27B Exhibit A – Zone of Benefit 27B Location Map
Exhibit B – Property to be Annexed into Zone of Benefit 27B Diagram Exhibit C – Assessment Amounts
Attachment 1
Project Location Map
LOCATION MAP
N
S
W E
Attachment 2
Petition (Including Consent and Waiver) Requesting
Annexation LMD Zone of Benefit 27B
Attachment 3
Final Map
Attachment 4
Resolution
Approving Final Map and Agreement
RESOLUTION NO. 26-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING THE FINAL MAP FOR THE VINEYARD ESTATES PHASE III-B SUBDIVISION (TRACT NO. 21-S-03) AND IMPROVEMENT
AGREEMENT (AGREEMENT) AND ACCEPTING DEDICATIONS FOR PUBLIC USE
WHEREAS, DMP Development Corporation, Inc., A California Corporation, (collectively “Subdivider”) has offered for approval a Final Map designated as Tract No. 21-S-03; and WHEREAS, the Planning Commission on December 8, 2020 adopted a negative declaration consistent with Section 15070(a) of the California Environmental Quality Act for the Vineyard Estates Phase III-B Subdivision as part of Tentative Subdivision TSM 2020-04; and WHEREAS, the Final Map for the Vineyard Estates Phase III-B Subdivision, prepared by Harbison International, Inc., for Subdivider has been certified by the City Engineer that all provisions of the law and of Chapter 2 of Title 10 of the Madera Municipal Code have been complied with and that said subdivision as shown is substantially the same as it appears on the tentative map thereof heretofore approved by the Planning Commission of the City of Madera on December 8, 2020; and
WHEREAS, prior to the delivery of said map and prior to its recordation, the Owner and Subdivider of said subdivision shall enter into and execute an agreement between the City and said Owner and Subdivider for said subdivision which is on file in the office of the City Clerk entitled, “Improvement Agreement Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03)”, wherein the Subdivider, in consideration of the approval of said map by the City and the acceptance by the City of the dedication of lands for public use therein contained, shall agree to construct and complete within the time specified in said Agreement all street and other improvements required of Subdivider under the provisions of Chapter 2 of Title 10 of the Madera Municipal Code relating to regulations and standards for the subdivision of lands in the City and the preparation of maps thereof, and such street or other improvements designated or mentioned in said Agreement and/or set forth in the plans and specifications for the improvements for the Vineyard Estates Phase III-B Subdivision is on file in the office of the City Engineer; and
WHEREAS, Subdivider shall, and as a condition precedent to the recordation of said Final Map, furnish to the City and file with the City Clerk a good and sufficient improvement security in a form to be approved by the City Attorney, securing the faithful performance by said Subdivider of all work and the construction of all improvements designated as required in the Improvement Agreement, and also security in form to be approved by the City Attorney securing the payment by said Subdivider of all bills for labor and materials incurred in the construction of any and all said improvements, and the doing of all other work therein agreed to be done by said Subdivider, within the time therein specified, the amount of said improvement securities are to be not less than One Million Nine Hundred Seventeen Thousand Seventy Seven Dollars and Zero Cents ($1,917,077.00), equivalent to that of the Performance Security, Payment Security and cash Deposit for Correction of Deficiencies combined; and WHEREAS, Subdivider shall, and as a condition precedent to the recordation of said Final Map, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance as required in the Improvement Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The Final Map for the Vineyard Estates Subdivision Phase III-B (Tract No. 21-S-03) is approved.
3. The agreement entitled “Improvement Agreement Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03)” for the construction of improvements for the Vineyard Estates Phase III-B Subdivision is approved and attached as Exhibit “A.” A copy of the Agreement shall be kept on file in the office of the City Clerk.
4. The Staff is authorized to record the Final Map and Agreement for the construction of improvements for the Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03) subject to receipt of the bonds and insurance required by the Agreement.
5. The dedication of lands for public use is accepted.
6. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
Improvement Agreement
RECORDING REQUESTED BY:
City of Madera
AFTER RECORDING RETURN TO:
City Clerk
City of Madera
205 W. 4th Street
Madera, CA 93637
_________________________________________________________________________ Fee Waived Per Section 27383 & 27388.1(a)(2)(D) of the Government Code
IMPROVEMENT AGREEMENT
VINEYARD ESTATES PHASE III-B SUBDIVISION
(TRACT NO. 21-S-03)
THIS IMPROVEMENT AGREEMENT (“Agreement”) is entered into this ___ day of _____, 2026, (the “Effective Date”) by and between the City of Madera, a municipal corporation of the State of California, hereinafter referred to as “City”; and DMP Development Corporation, Inc., A California Corporation, hereinafter referred to as “Subdivider” or “Owner” (individually a “Party” and collectively the “Parties”).
RECITALS
A. Owner has filed with City a certain subdivision map of a proposed division of land known as FINAL MAP OF TRACT NO. 21-S-03 VINEYARD ESTATES PHASE III-B Subdivision, recorded _________________, in Book ___, Pages ___ through ___, recorded as document no. __________ Madera County records, situated in the City of Madera, County of Madera, State of California (the “Subject Property”) owned by Owner, located within the corporate limits of the City, and more particularly described as set forth in Exhibit “A.” A copy of said Tentative Tract Map No. 2020-04 (“Tentative Map”) is on file with the City Clerk.
B. The City has conducted the appropriate environmental review of the proposed subdivision; the Planning Commission has determined the proposed subdivision is consistent with the City’s general plan in that the land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan; and the Planning Commission has recommended approval of the proposed Tentative Map as conditioned.
C. City requires as a condition precedent to the acceptance and approval of the Final Tract Map the dedications or deeds of such streets, highways, and public places for all areas delineated on said map for street and other public purposes as required under the Madera Municipal Code, this Agreement, and the Tentative Map.
D. Owner is required to construct certain street, utility, and public improvements within the boundaries of said Final Tract Map. Owner shall, at the Owner’s own cost and expense, construct all of the improvements, mentioned, all in accordance with and to the extent and as provided in those certain plans entitled, “Subdivision Map 2020-04 Vineyard West Phase III Subdivision Subdivision Improvement Plans,” as approved by the City Engineer and on file with the City Engineer of the City of Madera and the City of Madera Plans and Specifications, as amended. Said work shall include but shall not necessarily be limited to, all of the following: asphalt concrete paving, aggregate base, concrete curb and gutters, sidewalks, water and sewer mains, water and sewer services, storm drainage facilities, street lights, fire hydrants, gas, electric and communication lines, landscape district improvements, implementation of any and all Best Management Practices (BMP’s) as outlined in the City’s Storm Water Quality Management Program and Storm Water Pollution Prevention Plan on file in the office of the City Engineer, implementation of any and all BMP’s to prevent the infiltration of storm water into the City’s sanitary sewer collection system, and all other work, improvements or construction required by or mentioned in the above referenced plans and specifications and all appurtenances reasonably necessary to complete the aforementioned improvements. Except for streets not having direct residential access, installation of sidewalks may be deferred and constructed with residential development subsequent to the acceptance of the subdivision improvements so long as each and every house has an ADA accessible route to a collector or arterial adjacent to the subdivision prior to occupancy of any house.
E. Reference is made hereby to (a) that certain subdivision map entitled, “Subdivision No. 21- S-03 Vineyard Estates Phase III-B,” (b) improvement construction plans, (c) those certain specifications on file in the office of the City Engineer entitled, “City of Madera Standard Plans and Specifications,” and (d) “Madera Irrigation District Standards,” as may be applicable this project, for a more particular description of the work and improvements generally outlined in this Agreement. Said subdivision map, plans and specifications referred to in this paragraph are hereby incorporated herein and made a part of this Agreement by reference thereto.
F. Owner desires and agrees to complete the improvements and subdivide the Subject Property through the Subdivision Map Act process.
G. City Council approval of said Final Tract Map to divide the property and acceptance of the dedications therein offered are subject to and on the condition precedent that Owner first enter into and execute this Agreement with the City and provide the City with all other things as required herein and/or as required by the City.
H. Recordation of said Final Tract Map to divide the property therein offered are subject to and on the condition precedent that Owner first provide the City with such bonds, improvement securities, monies, insurance and Homeowners Association as required herein and/or as required by the City.
AGREEMENT
In consideration of the approval of the foregoing recitals which are made a substantive part of this Agreement and in consideration of the approval of the above-mentioned Final Tract Map by City for filing and recording as provided and required by law, Subdivider/Owner and City do hereby mutually agree as follows:
ARTICLE I. GENERAL PROVISIONS
A. AGREEMENT
This Agreement is entered into pursuant to California Government Code Section 66410 et seq. (“the Subdivision Map Act”), and Section 10-2.701 et seq. of Chapter 2 of Title X of the Madera Municipal Code. The provisions of this Agreement and the improvements to be constructed as required by the Subdivision Map Act and this Agreement are necessary and proper to safeguard and serve the public health, safety and welfare.
B. DEFINITIONS
Wherever used in the Agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning:
1. “Engineer” shall mean the City Engineer of the City of Madera, or duly authorized representative.
2. “Inspector” shall mean the City Engineer of the City of Madera, or his duly authorized representative.
3. “Standard Specifications” shall mean the City of Madera Standard Specifications, including attached details and amendments thereto.
4. “Division” shall mean and include the real property shown and described on the subdivision map as being divided into parcels, including street areas of adjacent existing public streets to the center lines thereof.
5. “Improvements” shall mean all work and improvements, including those depicted or required on the plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, concrete, paving, fencing, landscaping, irrigation, grading, and traffic signals.
C. DEVELOPMENT FEES
1. Development Impact Fees: Owner is obligated to pay all Development Impact Fees for sewer, wastewater treatment plant, water, storm drainage, parks, administrative, fire, general government, police, public works, streets, transportation and traffic signals in the amounts shown in the City’s Master Fee Schedule, section “Development Impact Fees” on Exhibit “B” attached hereto and incorporated by reference. The impact fees shall be paid at time of application for each individual building permit in accordance with the fees in place at the time of application.
2. Other Fees: In addition, Owner is obligated to pay plan check, improvement inspection, grading permit, building permit, encroachment permit, and similar miscellaneous fees as well as drainage and other utility fees required under the Madera Municipal Code and any resolution establishing fees and charges.
3. Fee Adjustments:
a) Development Impact Fees - In the event impact fees are updated as a result of recommendation included within any future Development Impact fee Study Report, Owner shall pay those adjusted fees with each building permit secured following adoption of said fees by the City Council. b) Other Fees - In the event the improvements are not completed as set forth in Article II, Section D of this Agreement and an extension is secured by Owner, the City reserves the right to adjust the fees to those prevailing at the time of construction.
D. INDEMNIFICATION
Indemnity for Professional Liability: When the law establishes a professional standard of care for Owner’s activities to the fullest extent permitted by law, Owner shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Owner (and its Subcontractors), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Owner (and its Subcontractors) and the City in the performance of professional activities under this agreement.
Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Owner shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Owner or by any individual or City for which Owner is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Owner, except when caused by the active negligence, sole negligence, or willful misconduct of City.
E. INSURANCE
Prior to the recordation of the Final Map, Owner or Owner’s contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company which meets with the approval of City insuring City and the City Engineer, their officers, agents and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. The minimum limits of such policy shall be in the amount of Five Million Dollars ($5,000,000.00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Owner or its contractors and City and the City Engineer, their officers, agents and employees shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. Any policy required by the Encroachment Permit shall include coverage for underground explosion and collapse. Said policy shall state by its terms and by an endorsement that said policy shall not be canceled until City shall have had at least thirty (30) days’ notice in writing of such cancellation.
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 a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
F. NOTICE OF COMPLETION
The offers of dedication made on the Subdivision Map shall remain open but will not be accepted by the City until the City Council accepts the Improvements and authorizes the recording of a Notice of Completion. The City may accept such offers in its sole discretion at any later date without further notice to Owner. Until such time as City formally accepts the Improvements and any lands, rights of way or easements, Owner shall be responsible to maintain such lands, rights of way, easements and improvements in a safe condition and good repair.
Owner agrees that the use of any or all streets and improvements specified in this Agreement shall be at all times, prior to the final acceptance of the subdivision by City, at the sole and exclusive risk of Owner, and the issuance of any occupancy permits by City for dwellings located within the subdivision shall not be construed in any manner to be an acceptance or approval of any or all of the streets and improvements in the subdivision, or that stage of development of the streets and improvements represented by their condition at the time of issuance of any occupancy permits, or any stage of their development reached during the period commencing with the issuance of any occupancy permit and terminating upon the final acceptance of the tract.
G. BONDS AND OTHER SECURITY
Prior to recording the Final Map, or unless otherwise indicated, Owner shall furnish to the City performance guarantees as provided herein. Bonds or other security instruments shall be maintained in full force and effect during the term of this Agreement and may be released, in whole or in part, only upon the written approval of the City Engineer whose actions shall be reasonable and consistent with the provisions of this Agreement. Owner shall provide the following as security as set forth by the engineer’s estimate in Exhibit “C”:
1. Performance Security. Owner shall provide to City performance security in an amount no less than One Million Nine Hundred and Seventeen Thousand and Seventy Seven Dollars and Zero Cents ($1,917,077.00) which amount is equal to one hundred percent (100%) of the total estimated cost of all required work to be completed as required in this Agreement. Said performance security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City’s attorney.
2. Payment Security. Owner shall provide to City payment security in an amount no less than Nine Hundred and Fifty Eight Thousand Five Hundred and thirty Eight Dollars and Fifty one cents ($ 958,538.51) which amount is equal to fifty percent (50%) of the estimated cost of all required work to secure payment to the contractor, his or her subcontractors, and persons renting equipment or furnishing labor or materials for such improvements. Said amount shall be determined by the City Engineer at the time such payment security is due when a successor in interest acquires fee simple interest in any portion of the property. Said payment security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City’s attorney.
3. Warranty Security. Owner shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one (1) year from the date of acceptance of the Improvements by the City. To ensure Owner complies with these obligations, on acceptance of the required work by the City Engineer, warranty security in the amount of the ten percent (10%) of the estimated cost of all required work shall be furnished to City in an amount no less than One Hundred Ninety One Thousand Seven Hundred and Seven Dollars and Seventy Cents ($ 191,707.70). The warranty security shall serve as a guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one (1) year after final acceptance of the Improvements required under this Agreement.
H. MATERIALS AND LABOR
Owner and its contractors and subcontractors shall pay for any materials, provisions and other supplies or items used in, upon, for or about the performance of the work contracted to be done, and for any work or labor thereon of any kind and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to section 3800 of the Labor Code a Certificate of Worker’s Compensation and shall maintain a valid policy of Worker’s Compensation Insurance for the duration of the period of construction or provide under penalty of perjury a satisfactory demonstration of exemption from coverage.
I. LIGHTING AND LANDSCAPING DISTRICT
The Owner agrees to complete annexation to or establishment of a Lighting and Landscaping District Zone of Benefit 27B pursuant to California Streets and Highway Code section 22500, et. seq., and to maintain lighting and publicly landscaped areas until the City formally accepts the Improvements which are the subject of this Agreement. Prior to release and recordation of the Final Map, Owner shall, at Owner’s sole cost and expense, submit to City all engineering reports, assessment data, and updated maps necessary to cause the Subject Property, to be annexed into Zone of Benefit 27B of the City-Wide Landscape and Lighting Assessment District. The annexation of the property into Zone of Benefit 27B shall be considered for recording concurrently with the City Council’s consideration and approval of the Final Map. If annexation into Zone of Benefit 27B is not possible for any reason, the Owner shall cooperate with the City in forming a new Zone of Benefit or identification of another existing zone into which this subdivision can be annexed.
J. EASEMENTS
Owner shall grant City an easement for maintenance, repair or reconstruction of any water main or sewer main or other City-operated improvement which is constructed outside a dedicated public street.
K. FAILURE OF PERFORMANCE; ATTORNEY’S FEES
In addition to any other remedies provided in this Agreement or by law, in the event Owner fails to perform one or more of the covenants or conditions of this Agreement, City shall have recourse to the security given to guarantee the performance of such acts. City may do, or cause to be done, those acts required of Owner, and shall have recourse against so much of the security as is necessary to discharge the responsibility of Owner. In the event City seeks recourse against a security, City shall also have recourse against Owner for any and all amounts necessary to complete the obligations of Owner in the event the security is insufficient to pay such amounts.
All administrative costs, including reasonable attorney’s fees pursuant to Gov. Code, § 66499.4 incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and Owner.
In the event it becomes necessary for either party to bring an action with respect to enforcement of the provisions of this Agreement, or the security therefor, the prevailing party in such action shall be awarded reasonable costs and attorney’s fees as may be determined by the Court.
L. TIME OF THE ESSENCE
Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.
M. SUCCESSORS AND ASSIGNS; COVENANT RUNNING WITH LAND
This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. It shall be recorded in the Official Records of the County of Madera concurrently with final map of the Subdivision and shall constitute a covenant running with the land and an equitable servitude upon the real property in the Subdivision.
N. INTEGRATION; INCORPORATION OF EXHIBITS
This Agreement is an integrated agreement, and includes the documents referenced herein and its Exhibits, which are included herewith and made a part of this Agreement. The Final Map has been recorded separately, and a copy is on file with the City Clerk. This Agreement supersedes all prior negotiations, representation, or agreements, whether written or oral.
O. CONDITIONS OF APPROVAL
Owner shall comply with all conditions of approval set forth in TSM 2020-04 approving the Tract Map as adopted on December 8, 2020 by the Planning Commission, including the requirements and conditions of the City Engineer, and all specifications or requirements set forth on the Final Map, all of which are on file with the City Clerk.
P. COMPLIANCE WITH LAW
In performing obligations set forth in this Agreement, Owner shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Owner shall comply with the codes or ordinances of the City including the Madera Municipal Code and Building Codes.
Q. PREVAILING WAGES
Owner shall be required to comply with California Labor Code prevailing wage requirements for work required under this Agreement. Owner shall: (i) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of those specific Improvements for which Owner receives credits or reimbursements, if any, and those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a); and (ii) comply with any applicable provisions of California Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Owner shall or shall cause its contractor and subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as may be required by law. During the construction of the Improvements, if any, Owner shall, or shall cause its contractor to, post at the Subject Property the applicable prevailing rates of per diem wages. As required by Section D of this Agreement, Owner shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Owner, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of any Improvements, if any, that are public improvements.
R. ENFORCEMENT OF OBLIGATIONS
City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.
S. LIMITATIONS OF LEGAL ACTS
Except as provided by the following subsection entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Owner’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
T. ATTORNEY’S FEES AND LEGAL EXPENSES
If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.
U. OBLIGATION RUNNING WITH LAND
This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City which shall be binding upon the successors, transferees, and heirs of Owner. Owner consents to the recordation of this Agreement with the Madera County Recorder.
V. WAIVER
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
W. SUBORDINATION
Owner hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this Agreement and all such instruments of subordination, if any, are attached hereto and made a part of this Agreement.
X. NO ASSIGNMENT
No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Owner without the written consent of City.
Y. CAPTIONS
Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.
Z. AMBIGUITIES OR UNCERTAINTIES
Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.
AA. SEVERABLE PROVISIONS
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.
BB. RELEASE OF CONDITIONS
The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Madera County Recorder.
CC. PIPES AND MONUMENTS
All pipes and monuments shown on the final subdivision map hereinafter referred to which are destroyed or displaced during construction operations shall be replaced by Subdivider at the time of the final inspection of the Improvements hereunder by City.
DD. OWNERSHIP OF IMPROVEMENTS
It is agreed that title and ownership of any public improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such Improvements by City.
EE. RELEASE OF BONDS AND SECURITIES
The release of bonds and securities called for herein shall not occur until: (1) the work provided for in this agreement and more specifically described in the plans and specifications herein referred to, is approved and accepted by the City Engineer; and (2), work not in conformance with said plans and specifications is removed from the project site to the satisfaction of the City Engineer.
FF. SUBDIVIDER NOT A CITY AGENT OR EMPLOYEE
It is mutually understood and agreed that neither Owner nor any of Owner’s agents, contractors, or subcontractors are or shall be considered to be agents or employees of the City of Madera in connection with the performance of Owner’s obligations under this Agreement.
GG. DEPOSIT FOR CORRECTION OF DEFICIENCIES
In addition to the improvement security hereinabove referred to, Subdivider shall concurrently deposit with the City not less than 1% of engineer’s estimate in an amount no less than Nineteen Thousand One Hundred and Seventy Dollars and Seventy-Seven Cents ($19,170.77), which may be used at the discretion of the City to correct deficiencies and conditions caused by Subdivider or Subdivider’s contractors during or after construction of the subdivision. Any unexpended amount thereof will be returned to Subdivider when all other bonds or improvement securities are released.
HH. REIMBURSEMENTS/FAIR SHARE CONTRIBUTIONS DUE FROM SUBDIVIDER The Subdivider hereby agrees to the following reimbursements or fair share contributions to be paid prior to the recordation of the final map for Vineyard Estates Phase III-B Subdivision Tract No. 21-S-03 as noted herein below:
1. There are no reimbursements/fair share contributions due from Subdivider II. REIMBURSEMENTS TO BE PROVIDED TO SUBDIVIDER
In consideration of public improvements constructed through plans prepared by Harbison International, Inc., for Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03), the City agrees to reimburse the Owner reasonable costs for construction of the following public improvements:
1. Riverview Drive
(i) Sewer Main Construction – The oversize component of approximately 751 linear feet of a 10-inch sewer main
(difference in cost between 10-inch pipe and 8-inch pipe) of the construction of this line is considered reimbursable through the City’s Development Impact Fee Program,
subject to the availability of funds. Half of the 8-inch component adjacent to the river is also reimbursable.
(ii) Water Main Construction – The oversize component of approximately 750 linear feet of a 12-inch water main
(difference in cost between 12-inch pipe and 8-inch pipe) of the construction of this line is considered reimbursable through the City’s Development Impact Fee Program,
subject to the availability of funds. Half of the 8-inch component adjacent to the river is also reimbursable.
(iii) Storm Drain Pipe Construction – Construction of
approximately 521 linear feet of a 18-inch storm drain pipe is considered reimbursable through the City’s Development Impact Fee Program, subject to the availability of funds.
JJ. TERMS OF REIMBURSEMENTS TO BE PROVIDED TO OWNER
The following terms shall apply to any and all reimbursements to be provided to Owner.
I. City agrees to reimburse Owner the City’s proportionate share of the cost of improvements as determined by the City Engineer at his sole discretion and whose decision shall be final and as set forth below. At the discretion of the City Engineer any reimbursements shall be in the form of credits toward storm drainage, water main, water well, and street impact fees or from the collection of storm drainage, water main, water well and street impact fees or connection fees as applicable from other developments using said facilities as said fees are collected or a combination thereof. City shall not reimburse any expenses beyond the actual and reasonable cost of installing the improvements. All reimbursements are subject to the conditions precedent that the Owner shall have submitted a financial statement within ninety (90) days of the City’s acceptance of the improvements, showing evidence of the actual cost of the improvements described in this agreement. Evidence shall be provided in the form of receipted bills, canceled checks and/or construction contracts. Failure to timely submit evidence shall void the reimbursement agreement as to any items not timely submitted or not supported by such evidence. Any cost to be reimbursed for administration or overhead shall not exceed the usual and customary cost for such expenses in the industry, and in no event shall they exceed fifteen percent (15%). Such cost shall be determined in the sole discretion of the City Engineer.
City agrees to reimburse Owner for the cost of interest in accordance with Government Code Section 66485. The interest begins to accrue at the time of City’s acceptance of the improvements. The interest rate to be paid is the interest rate that the City pays at the time of the City’s acceptance of the improvements when the City borrows money in accordance with Madera Municipal Code section 10-8.12(C).
II. City does not guarantee reimbursement, where reimbursements are made from impact fees or connection fees as those fees are collected. The City shall have no responsibility for the delivery of the funds collected hereunder to Owner and only agrees to hold said funds collected and to make payment as directed by Owner upon contact by City. City will contact Owner within ninety (90) days of collection of funds at the address as specified in this agreement or as may thereafter be provided in writing to the City Clerk of the City. City shall have no obligation to locate or determine the true address of Owner other than the addresses provided under this Agreement. If no contact has been made at the address provided under this Agreement, City shall hold such funds collected hereunder for a period of one (1) year.
Undistributed funds shall then be paid into the appropriate Impact or Connection Fee fund and all responsibilities and liabilities of City shall terminate. City cannot and does not pledge itself in advance that such charges will be collected or that they are valid or that there will be proceeds for reimbursement, but only that pursuant to this agreement City will, as a condition precedent to the issuance of permits for the development of such properties, levy such charges. Owner acknowledges that impact fees may be used to reimburse other developers based on a first in time payment process and additionally, may be pledged for the payment or repayment of other improvements to be constructed by or for City in advance of reimbursement to Owner. In no event shall reimbursement exceed the Subdivider’s cost of construction as adjusted by the Engineering News Record Construction Cost Index (CCI) as determined by the City Engineer based upon duly verified records submitted to the city within 90 days from the completion of such facilities and approved by the City Engineer.
For the purpose of determining the adjustment in the CCI, the time begins upon acceptance of improvements by City Council after execution of the Agreement.
KK. ASSIGNABILITY OF AGREEMENT
This Agreement shall not be assignable by Owner without the express written consent of City. Subject to the limitations on assignment, this Agreement shall inure to the interest of the Parties hereto.
LL. VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.
MM.ACKNOWLEDGEMENT OF CONTENT
Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Owner.
ARTICLE II. CONSTRUCTION REQUIREMENTS
A. STANDARD SPECIFICATIONS
All of the work and improvements and materials shall be performed, installed and provided in strict accordance with the City of Madera Standard Specifications incorporated herein by this reference, as though set forth in full. All of said work and improvements shall also comply with the requirements of the Madera Municipal Code. In case there are not any Standard specifications of the City for any said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Department of Transportation. All of said work and improvements and materials shall be done, performed and installed under the supervision of the City Engineer, under whose direction the work shall be inspected as it progresses.
Any work required under this Agreement shall also be performed, installed and provided in accordance with the standards of the State Water Resources Control Board, State Regional Water Quality Control Board, San Joaquin Unified Air Pollution Control District and those of other agencies identified in the Tentative Map Conditions of Approval insofar as they apply.
Until final acceptance of the Improvements, Owner shall give prominent and adequate warning to the public of each and every dangerous condition that may exist in the Subdivision and shall take all reasonable actions to protect the public from any such dangerous condition.
B. SCOPE OF IMPROVEMENTS
The work and Improvements, including those depicted or required on the plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signals, etc., as well as those required by Conditions of Approval (herein collectively referred to as “Improvements”) are incorporated by reference and made a part of this Agreement.
C. APPROVED PLANS
Notwithstanding the fact that Owner’s plans and specifications have been approved by the City, and that completion of the work and other acts are subject to approval of the City, it is understood and agreed that any approval by the City hereof shall in no way relieve Owner of satisfactorily performing said work or its obligations hereunder.
Owner agrees to perform and construct all work and improvements shown on the approved plans on file in the office of the City Engineer. Owner agrees it shall comply with Madera Municipal Code section 10-2.707(C), which gives the City the right to modify plans and specifications.
D. SCHEDULE
Owner shall perform the work and improvements hereinafter specified to the satisfaction of the City Engineer. Owner understands and agrees that the following schedule of work is intended to provide a guideline as to diligent prosecution of the work under this Agreement.
The Owner agrees to complete the improvements within 24 months from the recording of the Final Map as required by Madera Municipal Code Section 10-2.711.1 or from the time in which any permit is secured from City that allows commencement of construction activities, whichever is earlier, unless Owner requests an extension and is granted an extension by the City Council. Owner is responsible for following the extension request process under Madera Municipal Code Section 10-2.711.3.
If the construction of the Improvements shall be delayed without the fault of Owner, the time for completion thereof may be extended by the City in writing signed by the City Engineer for such period of time as City may deem reasonable. However, City reserves the right to not issue Certificates of Occupancies for any structures constructed within this tract until improvements are constructed to the satisfaction of the City Engineer. Without limitation of the foregoing sentence, it is agreed that City shall have right to determine whether to issue or withhold Certificates of Occupancy if there is then existing a breach or failure to properly perform the obligations of this agreement, or if issuance would not serve the public health, safety or welfare.
Concrete curbs and gutters, the sanitary sewer system and house connections, storm drainage pipeline and structures, together with water mains, gas mains and their respective service connection and all other underground services or facilities, shall be completed before starting the street surfacing.
E. COMPACTION AND MATERIALS TESTING
Compaction and soil tests shall be paid for by Owner and Owner shall contract with the soils lab directly. Street and utility trench tests shall be taken in varying locations, depths, and frequencies as required and directed by the City Engineer. Compaction shall meet all City requirements.
F. CODES AND PERMITS
Owner shall comply with Street, Plumbing, Building, Electrical and Zoning Codes and any other Codes of the City and Owner shall secure an Encroachment Permit from City and the necessary insurance policies required under said permit before working on any City right-of-way or property.
Owner shall install all street improvements in accordance with City of Madera Standard Specifications, applicable sections of the State Standard Specifications, and the construction plans.
G. COORDINATION OF CONTRACTORS
It shall be the responsibility of Owner to coordinate all work done by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Owner. It shall further be the responsibility of Owner to give the Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of Owner to notify the City Engineer may cause delay for which Owner shall be solely responsible.
H. INSPECTION
Whenever Owner varies the period during which work is carried on each day, Owner shall give due notice to the City Engineer so that proper inspection may be provided. Any work done in the absence of the City Engineer will be subject to rejection. The inspection of the work shall not relieve Owner of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good and unsuitable materials will be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or Inspector and accepted.
I. REPAIR OF DAMAGED IMPROVEMENTS
Any damage to the water or sewer systems, concrete work or street paving, or other facilities and improvements constructed in connection with the Agreement that occurs after installation and prior to Final Acceptance shall be repaired to the satisfaction of the City Engineer by Owner before release of bond or final acceptance of completed work. City may, at its sole option, perform such repair or replacement if Owner has failed to commence such repair within 20 days after City has mailed written notice of the need for repairs or replacement to Owner and to Owner’s surety. In such event, Owner agrees to pay the cost of such repair and replacement by City, and City may at its option recover such cost as a lien against the Subdivision or the lands therein.
If City determines that public safety requires repairs or replacements to be made before Owner or surety can be notified, City may complete such repairs or replacements and recover the costs thereof as provided above.
J. DUST CONTROL
Adequate dust and mud control shall be maintained by Owner on all streets within and without the subdivision until the paving of the streets is completed. “Adequate dust control” as used herein shall mean the sprinkling of the streets with water with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to Owner to comply with the provision of the paragraph forthwith. Such notice may be personally served upon Owner or, if Owner is not an individual, upon any person who has signed this Agreement on behalf of Owner or a superintendent or foreman of Owner’s or Owner’s subcontractor at the subdivision or, at the election of the Engineer, such notice may be mailed to Owner at his address on file with the City Engineer. If within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided, Owner shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and City may deduct the cost thereof from any deposits which the Owner has placed with the City. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations.
K. STREET SURFACING AND UNDERGROUNDING OF UTILITIES
Owner agrees all existing overhead utilities within the boundaries of this subdivision, and on adjacent streets and/or alleys to the centerlines thereof shall be relocated into underground installations except for transformers consistent with the Construction Plans for Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03). All new utilities shall be undergrounded, and all work shall be completed before installation of street surfacing, if any.
L. STREET SWEEPING
Owner shall pay for sweeping of streets within this tract following installation of paving and prior to acceptance of the Improvements by the City. City may provide such street sweeping services at its sole discretion and convenience. Owner shall keep streets and gutters free of any mud, debris or materials. If Owner fails to maintain streets in such condition which allows sweeping, City may remove any debris and deduct the cost thereof from any deposits which the Owner has placed with the City.
M. WARRANTY
Owner warrants that construction will not adversely affect any portion of adjacent properties.
N. PRECONSTRUCTION MEETING
Owner agrees to meet with the City at a preconstruction meeting upon request of the City.
Subcontractors for public improvements shall be required to attend. Failure to do so may result in a stoppage of work until a preconstruction meeting is held.
O. BUILDING MATERIALS RECYCLING
Owner agrees to participate in any building materials recycling program as directed by the City. Participation shall also be required by all sub-contractors for both public improvements and home construction, to fullest extent possible.
ARTICLE III. SPECIAL PROVISIONS
A. SUCCESSORS IN INTEREST: Successors in interest to any portion of the Subject Property shall comply with all terms and conditions of this Agreement. In particular, they shall provide all required insurance, bonds, and security to the City for that portion of any remaining Improvements which may yet to be completed at the time of transfer. Said insurance, bonds, and security must be provided to the City within 30 days of obtaining a fee interest in a portion of the Subject Property.
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.
CITY OF MADERA:
By: ______________________
Cecelia Gallegos, Mayor
APPROVED AS TO FORM:
By: ______________________
Shannon L. Chaffin, City Attorney
APPROVED:
By: _____________________
Keith Helmuth, P.E., City Engineer
ATTEST:
By: _____________________
Alicia Gonzales, City Clerk
SUBDIVIDER/OWNER:
DMP Development Corporation, Inc., A
California Corporation
By: ________________________
Michael A. Pistoresi, President
ATTACH NOTARY ACKNOWLEDGEMENTS FOR
OWNERS/APPLICANTS
EXHIBIT “A”
Legal Description
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF MADERA, CITY OF MADERA, DESCRIBED AS FOLLOWS:
PARCEL 4 OF PARCEL MAP NO. 02-P-03, ACCORDING TO THE MAP THEREOF RECORDED NOVEMBER 4, 2002 IN BOOK 50 OF MAPS, AT PAGES 115 AND 116, MADERA COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE SUBMITTED PORTION SHOWN ON MAP OF SUBDIVISION NO. 21-S-02, RECORDED IN BOOK 68 OF MAPS, AT PAGES 129 THROUGH 132, RECORDS OF MADERA COUNTY EXHIBIT “B”
Development Impact Fees
EXHIBIT “C”
Engineer’s Estimate
Attachment 5
Resolution
Initiation of Proceedings for Annexation into Zone of Benefit 27B RESOLUTION NO. 26-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA INITIATING PROCEEDINGS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION
OF PROPERTY INTO CITY OF MADERA LANDSCAPE MAINTENANCE
DISTRICT ZONE OF BENEFIT 27B, TO REVIEW THE IMPROVEMENTS AND ASSESSMENTS FOR FISCAL YEAR 2027-2028, AND SETTING A
PUBLIC HEARING
WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment District; and
WHEREAS, the City of Madera Landscape Maintenance District (District) was formed by Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the “Act” to levy and collect assessments to cover the cost of maintaining all landscaping, and irrigation systems within the District public right-of-way; and WHEREAS, not only will annexing this new development into the existing district ensure that all benefitting parcels share equally in the costs to maintain the improvements, but consolidating the benefitting developments into a single assessment district will facilitate their management by the City; and WHEREAS, the proceedings for the annexation of the aforementioned tracts and public lands to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, pursuant to Streets and Highways Code section 22608, resolutions, reports, notices of hearing, and the right of majority protest may be waived with the written consent of all landowners of the territory to be annexed; and WHEREAS, DMP Development Corporation, Inc., A California Corporation is the landowner of the property proposed for annexation and generally located at the Northeast of the intersection of Sunset Avenue and Road 23, and which is also known as Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03), whose final map is being concurrently considered by the City Council, as further described or depicted on Exhibit A (“Subject Property”) and diagrammed in Exhibit B.; and
WHEREAS, DMP Development Corporation, Inc., A California Corporation, has provided a petition for annexation and written consent to waiver of resolutions, reports, notices of hearing, and the right of majority protest regarding the Subject Property, as well as consenting to the amount of the proposed levy for the current fiscal year; and WHEREAS, as a result, no report by the City Engineer is required to be prepared and filed with the City Clerk which outlines the land to be annexed, etc.; and WHEREAS, this City Council now desires to proceed to adopt this Resolution of Intention to declare its intent to annex the Subject Property into LMD Zone of Benefit 27B, and to set and specify the levy and collection of assessments, and to set a time and place for a public hearing relating to the annexation of the subject property into LMD Zone of Benefit 27B.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY, finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The City Council proposes to annex the property into LMD Zone of Benefit 27B of City of Madera City-Wide Landscape Maintenance District formed by the City Council for the City of Madera per Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code and pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highways Code). The property proposed to be annexed is identified on Exhibit “A.” and diagrammed in Exhibit B.
3. The property proposed to be annexed and to be specifically charged for the improvements shall include all of the land identified on Exhibit “A” and shall be designated part of LMD Zone of Benefit 27B
4. The improvements which are provided for the properties within City of Madera Landscape Maintenance District, and which shall be provided for the property within LMD Zone of Benefit 27B by and through the assessments levied annually thereon shall include the following:
a. The installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; and
b. The installation or construction of irrigation systems; and c. The maintenance and servicing of any of the foregoing.
5. The City Engineer of the City of Madera is hereby designated the engineer for the annexation proceedings. The City Council finds that the landowner has presented a written consent, and that the engineer is not required to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, consistent with the Landscaping and Lighting Act of 1972.
6. The City Engineer is hereby directed to review, and modify the assessments levied against parcels previously within LMD Zone of Benefit 27B district boundaries in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, as required by Chapter 2 of Part 2 of Division 15 of the Landscaping and Lighting Act of 1972. The proposed assessments upon the lots and parcels of land are set forth in Exhibit “C.”
7. Notice is given that on the 21st day of October, 2026, at the hour of 6:00 p.m., in the regular meeting place of the City Council being the Council Chambers located at 205 W. Fourth Street, Madera, California 93657, a public hearing will be held where this City Council will consider the authorization for the annexation of the Subject Property into City of Madera City-Wide Landscape Maintenance District Zone of Benefit 27B , the proposed method and apportionment of the levy with the Subject Property and all other matters as set forth in this Resolution of Intention. Pursuant to the petition, all of the landowner(s) within the Subject Property have waived all applicable resolutions, reports, notices of hearing, and the right of majority protest.
At such public hearing, the testimony or protest of all interested persons for or against the annexation of the Subject Property or the imposition of levy of assessments within the Subject Property will be heard.
8. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Zone of Benefit 27B Location Map
CITY OF MADERA MADERA LANDSCAPE MAINTENANCE DISTRICT ZONE LOCATION MAP COUNTY OF MADERA STATE OF CALIFORNIA REV. MAY 2022 FAIR GROUNDS NTS Exhibit B
Property to be Annexed into Zone of Benefit 27B Diagram ASSESSMENT DIAGRAM INTO MADERA LANDSCAPE MAINTENANCE DISTRICT - ZONE 27B CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA CITY OF MADERA REV. MAY 2022 INCLUSION OF VINEYARD ESTATES PHASE III-B SUBDIVISION Exhibit C
Assessment Amounts (Sheet 1 of 3)
Lot Owner Assessment Amount
(FY 2027/2028)
1 DMP Development Corporation, Inc., A California Corporation $ 48.89 2 DMP Development Corporation, Inc., A California Corporation $ 48.89 3 DMP Development Corporation, Inc., A California Corporation $ 48.89 4 DMP Development Corporation, Inc., A California Corporation $ 48.89 5 DMP Development Corporation, Inc., A California Corporation $ 48.89 6 DMP Development Corporation, Inc., A California Corporation $ 48.89 7 DMP Development Corporation, Inc., A California Corporation $ 48.89 8 DMP Development Corporation, Inc., A California Corporation $ 48.89 9 DMP Development Corporation, Inc., A California Corporation $ 48.89 10 DMP Development Corporation, Inc., A California Corporation $ 48.89 11 DMP Development Corporation, Inc., A California Corporation $ 48.89 12 DMP Development Corporation, Inc., A California Corporation $ 48.89 13 DMP Development Corporation, Inc., A California Corporation $ 48.89 14 DMP Development Corporation, Inc., A California Corporation $ 48.89 15 DMP Development Corporation, Inc., A California Corporation $ 48.89 16 DMP Development Corporation, Inc., A California Corporation $ 48.89 17 DMP Development Corporation, Inc., A California Corporation $ 48.89 18 DMP Development Corporation, Inc., A California Corporation $ 48.89 19 DMP Development Corporation, Inc., A California Corporation $ 48.89 20 DMP Development Corporation, Inc., A California Corporation $ 48.89 21 DMP Development Corporation, Inc., A California Corporation $ 48.89 22 DMP Development Corporation, Inc., A California Corporation $ 48.89 Exhibit C
Assessment Amounts (Sheet 2 of 3)
Lot Owner Assessment Amount
(FY 2027/2028)
23 DMP Development Corporation, Inc., A California Corporation $ 48.89 24 DMP Development Corporation, Inc., A California Corporation $ 48.89 25 DMP Development Corporation, Inc., A California Corporation $ 48.89 26 DMP Development Corporation, Inc., A California Corporation $ 48.89 27 DMP Development Corporation, Inc., A California Corporation $ 48.89 28 DMP Development Corporation, Inc., A California Corporation $ 48.89 29 DMP Development Corporation, Inc., A California Corporation $ 48.89 30 DMP Development Corporation, Inc., A California Corporation $ 48.89 31 DMP Development Corporation, Inc., A California Corporation $ 48.89 32 DMP Development Corporation, Inc., A California Corporation $ 48.89 33 DMP Development Corporation, Inc., A California Corporation $ 48.89 34 DMP Development Corporation, Inc., A California Corporation $ 48.89 35 DMP Development Corporation, Inc., A California Corporation $ 48.89 36 DMP Development Corporation, Inc., A California Corporation $ 48.89 37 DMP Development Corporation, Inc., A California Corporation $ 48.89 38 DMP Development Corporation, Inc., A California Corporation $ 48.89 39 DMP Development Corporation, Inc., A California Corporation $ 48.89 40 DMP Development Corporation, Inc., A California Corporation $ 48.89 41 DMP Development Corporation, Inc., A California Corporation $ 48.89 42 DMP Development Corporation, Inc., A California Corporation $ 48.89 43 DMP Development Corporation, Inc., A California Corporation $ 48.89 Exhibit C
Assessment Amounts (Sheet 3 of 3)
Lot Owner Assessment Amount
(FY 2027/2028)
44 DMP Development Corporation, Inc., A California Corporation $ 48.89 45 DMP Development Corporation, Inc., A California Corporation $ 48.89 46 DMP Development Corporation, Inc., A California Corporation $ 48.89 47 DMP Development Corporation, Inc., A California Corporation $ 48.89 48 DMP Development Corporation, Inc., A California Corporation $ 48.89 49 DMP Development Corporation, Inc., A California Corporation $ 48.89 50 DMP Development Corporation, Inc., A California Corporation $ 48.89 51 DMP Development Corporation, Inc., A California Corporation $ 48.89 52 DMP Development Corporation, Inc., A California Corporation $ 48.89 53 DMP Development Corporation, Inc., A California Corporation $ 48.89 54 DMP Development Corporation, Inc., A California Corporation $ 48.89 55 DMP Development Corporation, Inc., A California Corporation $ 48.89 56 DMP Development Corporation, Inc., A California Corporation $ 48.89 57 DMP Development Corporation, Inc., A California Corporation $ 48.89 58 DMP Development Corporation, Inc., A California Corporation $ 48.89 59 DMP Development Corporation, Inc., A California Corporation $ 48.89 60 DMP Development Corporation, Inc., A California Corporation $ 48.89 61 DMP Development Corporation, Inc., A California Corporation $ 48.89 62 DMP Development Corporation, Inc., A California Corporation $ 48.89 63 DMP Development Corporation, Inc., A California Corporation $ 48.89 64 DMP Development Corporation, Inc., A California Corporation $ 48.89