Agenda — Marina City Council, December 16, 2025 (part 1 of 3)

AGENDA

Tuesday, December 16, 2025 5:00 P.M. Closed Session
6:00-6:30 P.M. Reception
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK

SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR

AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA

JOINT POWERS FINANCING AUTHORITY

THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

Council Chambers
211 Hillcrest Avenue
Marina, California

AND

Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556

PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only.

The most effective method of communication with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record.

Council will have the option to modify their action on items based on comments received.

AGENDA MATERIALS
Agenda materials, staff reports and background information related to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting.

VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self -sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)

Agenda for City Council Meeting of Tuesday, December 16, 2025 Page 2

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built upon the traditional homelands and villages first inhabited by the Indigenous Peoples of this region - the Esselen and their ancestors and allies - and honors these members of the community, both past and present.

1. CALL TO ORDER

Jenny McAdams, Brian McCarthy, Kathy Biala, Mayor Pro-Tem/Vice Chair Liesbeth Visscher, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None

4. CLOSED SESSION:
a. Conference with Legal Counsel, City Council to consider initiation of litigation pursuant to Government Code § 54956.9(d)(4).
b. Public Employee Performance Evaluation, Unrepresented Employee (Govt.

Code Section 54957(b)) – City Manager
c. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Light & Motion, 711 Neeson Road, Marina, CA Negotiating Party: Daniel Emerson
Negotiator(s): City Manager
Terms: Price and Terms
ii. Property: Locke-Paddon Park, various parcels, APN Nos.: 033-121-004, 033-121-005-006, 033-132-003, 033-132-003, 033-121-101, 033- 121009, 033-121-002
Negotiating Party: Monterey Peninsula Regional Park District Negotiator(s): City Manager
Terms: Price and Terms

6:00-6:30 P.M. RECEPTION FOR VOLUNTEER COMMISSIONERS
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

Agenda for City Council Meeting of Tuesday, December 16, 2025 Page 3

6. SPECIAL PRESENTATIONS:
a. Commission Recognition Certificates

7. COUNCIL AND STAFF ANNOUNCEMENTS:

8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s jurisdiction that is not on the agenda. This is the appropriate place to comment on items on the Consent Agenda. Action will not be taken on items not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non -controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

Accounts Payable Successor Agency EFT Number 133, totaling $2,870.00 b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) December 6, 2025, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID:
(1) Adopting Resolution No. 2025-, awarding a construction contract for the Taxilane Rehabilitation Construction Phase to Granite Rock Company of San Jose, California, and accepting said bid as the lowest responsive and responsible bid for the Marina Municipal Airport Taxilane Rehabilitation Project; and a uthorizes the City Manager, or designee, to execute a construction contract with Granite Rock Company and to approve change orders up to the established project contingency.

Agenda for City Council Meeting of Tuesday, December 16, 2025 Page 4

e. CALL FOR BIDS:
(1) Adopting Resolution N o. 2025-, approving advertising and call for bids for the Sea Haven Community Park Project.
f. ADOPTION OF RESOLUTIONS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 202 5-, approving a request by the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc., to release a portion of the performance security for public improvements in the Sea Haven Phase 4B area in the amount of $ 1,104,300, and accepting a substitute performance bond security of $122,700 for the remaining punch list items. g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2025 -, authorizing the City Manager to execute a contract with the EMC Planning Group not to exceed $66,000 to provide contract planning services for the Marina Station Project ; and determine this action is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
(2) Adopting Resolution No. 2025 -, approving the agreement between the City and Denise Duffy and Associates for the interim land management of the Imjin Parkway Widening Project’s Habitat Management Lands. (3) Adopting Resolution N o. 2025 -, approving the Pavement Management Program update 2026 reimbursement agreement with the Transportation Agency for Monterey County ( TAMC) for the city’s pavement management program.
(4) Adopting Resolution No. 2025-, approving two agreements between the City of Marina and Bear Electric and between the City of Marina St.

Francis Electric for On -Call Traffic Signal and Streetlight Maintenance Services.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS:
(1) Adopting Resolution No. 2025 -, accepting the dedication of Public Improvements as shown on the approved Sea Haven Phase 3B Improvement Plans and Final Map ; and authorize the City Clerk to release bond securities, accept a warranty bond, and record acceptance with Monterey County Recorder’s Office.
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only and adopting Ordinance No. 2025 -19, amending Section 10.40.040 of Chapter 10.40 of Title 10 of the Marina Municipal Code to add subsection 10.40.040.K to implement parking restriction consistent with AB 413.

Agenda for City Council Meeting of Tuesday, December 16, 2025 Page 5

(2) Read by Title Only and adopting Ordinance No. 202 5-20, approving the third amendment to the Sea Haven Development Agreement to transfer the responsibility for the construction of Sea Haven Park from the developer (Trumark Companies, LLC) to the City of Marina and find the project is consistent with the Environmental Impact Report ( Sch No.2003021012) certified for the Marina Heights (Sea Haven) Specific Plan. m. APPROVE APPOINTMENTS: None

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes to speak on the matter.
a. Consider (1) the proposed refinancing of the acquisition cost of certain real property located in the City of Marina and the apartment complex located thereon commonly referred to as “Preston Park Apartments,” (the “Project”) with proceeds to be derived from the issuance and sale by the Marina Joint Powers Financing Authority (the “Authority”) of Multifamily Housing Revenue Bonds payable from loan payments to made by the Preston Park Sustainable Community Nonprofit Corporation (the “Corporation”) pursuant to a Financing Agreement between the Corporation and the Authority, and (2) to determine the significant public benefits to the City from the proposed financing, including demonstrable savings in effective interest rate to the Corporation and enablement of the Corporation to refinance the cost of acquiring the Project on a timely basis, and facilitating a more efficient delivery of public services to the community, specifically the provision of affordable housing in the City.
b. Adopting Urgency Ordinance No. 2025 -, extending the timeframe for 10 months and 15 days for Urgency Ordinance No. 2025 -17, adopted by the City Council on November 4, 2025 to temporarily prohibit the establishment and operation of new firearm and ammunition sales businesses pursuant to Government Code Section 65858(a); and determine that the adoption of the Urgency Ordinance is not subject to environmental review pursuant to the CEQA Guidelines Section 15061(b)(3) because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment.

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY : Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.

13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Receive an informational update and virtual tour of the City Park at The Dunes.

Agenda for City Council Meeting of Tuesday, December 16, 2025 Page 6

b. Adopting Resolution No. 2025 -, updating the Below Market Rate (BMR) Program Administrative Policies and Procedures.
c. Adopting Resolution No. 2025-, r eceive a presentation from the County Housing Program Manager regarding the Community Development Block Grant (CDBG) Program and to provide specific direction regarding the projects that will be funded within the City of Marina in the next three years; and direct the City Manager to execute all agreements, including necessary Subrecipient Agreements with the County of Monterey to implement said projects; and d etermine these actions are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
d. Receive a presentation on further information and research regarding potential ballot measures for the November 2026 general election.

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and conferences attended ( Gov’t Code Section 53232).

15. ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, December 12, 2025.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the formal approval of MINUTES.

City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items and staff reports are public record and are available for public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.

Agenda for City Council Meeting of Tuesday, December 16, 2025 Page 7

ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884 -1278 or e -mail:
[email protected]. Requests must be made at least 48 hours in advance of the meeting.

U p c o m i n g 202 5 M e e t i n g s o f t h e C i t y C o u n c i l , A i r p o r t C o m m i s s i o n , M a r i n a A b r a m s B N o n - P r o f i t C o r p o r a t i o n , P r e s t o n P a r k S u s t a i n a b l e C o m m u n i t y N o n p r o f i t C o r p o r a t i o n , S u c c e s s o r A g e n c y o f t h e F o r m e r R e d e v e l o p m e n t A g e n c y a n d M a r i n a G r o u n d w a t e r S u s t a i n a b i l i t y A g e n c y R e g u l a r M e e t i n g s : 5 : 0 0 p . m . C l o s e d S e s s i o n ; 6 : 3 0 p . m . R e g u l a r O p e n S e s s i o n s

C I T Y H A L L 202 5 H O L I D A Y S
(City Hall Closed)

Winter Break ------------ Wednesday, December 24, 2025-Wednesday, December 31, 2025

2025 COMMISSION DATES

U p c o m i n g 2025 M e e t i n g s o f P l a n n i n g C o m m i s s i o n 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.010 - Prof Svc Admin - Muni Code
10149 - Code Publishing Inc. - General
Code
GCI0018612 MMC Update Paid by Check
# 108259
10/31/2025 11/25/2025 11/25/2025 12/05/2025 1,089.00
10149 - Code Publishing Inc. - General
Code
GCI0018935 MMC WebUpdate Paid by Check
# 108259
11/27/2025 11/25/2025 11/25/2025 12/05/2025 122.50
Account 6300.010 - Prof Svc Admin - Muni Code Totals Invoice Transactions 2 $1,211.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $1,211.50 Division 000 - Non-Div Totals Invoice Transactions 2 $1,211.50 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 2 $1,211.50 Department 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.330 - Prof Svc IT - Information Tech Svc
10897 - TechRx Technology Services
Corporation
13364 IT Support - November
2025
Paid by EFT #
7015
12/01/2025 12/01/2025 12/01/2025 12/05/2025 11,400.00
10905 - Taygeta Scientific, Inc. 000708-R-0057 Barracuda Spam Firewall - December
2025
Paid by Check
# 108285
12/01/2025 11/25/2025 11/25/2025 12/05/2025 552.05
10905 - Taygeta Scientific, Inc. 000423-R-0084 Computer Network Defense - December
2025
Paid by Check
# 108285
12/01/2025 11/25/2025 11/25/2025 12/05/2025 2,833.33
Account 6300.330 - Prof Svc IT - Information Tech Svc Totals Invoice Transactions 3 $14,785.38 Account 6300.570 - Prof Svc Other
12350 - Baker & Hostetler LLP 51501653 Professional Services Other
Paid by Check
# 108252
11/13/2025 12/02/2025 12/02/2025 12/05/2025 2,795.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $2,795.00 Account 6360.342 - Maint & Repairs IT - System Annual Maint 10897 - TechRx Technology Services
Corporation
13328 Ninite Subscription
December 2025
Paid by EFT #
7015
12/01/2025 12/01/2025 12/01/2025 12/05/2025 216.00
10897 - TechRx Technology Services
Corporation
13329 Veeam Subscription -
December 2025
Paid by EFT #
7015
12/01/2025 12/01/2025 12/01/2025 12/05/2025 544.00
10897 - TechRx Technology Services
Corporation
13346 Veeam O365 Backup &
Glacier Storage -
December 2025
Paid by EFT #
7015
12/01/2025 12/01/2025 12/01/2025 12/05/2025 400.00
10897 - TechRx Technology Services
Corporation
13311 Zoom Charges -
November 2025
Paid by EFT #
7015
11/01/2025 12/01/2025 12/01/2025 12/05/2025 582.83
10897 - TechRx Technology Services
Corporation
13327 Amazon Glacier -
Subscription -
December 2025
Paid by EFT #
7015
12/01/2025 12/01/2025 12/01/2025 12/05/2025 475.00
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 5 $2,217.83 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 1 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
Agenda Item: 10a
1 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade 10897 - TechRx Technology Services
Corporation
13343 Citywide MS Office 365
- December 2025
Paid by EFT #
7015
12/01/2025 12/01/2025 12/01/2025 12/05/2025 2,813.00
Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade Totals Invoice Transactions 1 $2,813.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $22,611.21 Division 000 - Non-Div Totals Invoice Transactions 10 $22,611.21 Department 125 - I. T. Totals Invoice Transactions 10 $22,611.21 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6150.500 - Medical Vision
10607 - Vision Service Plan 12-01-.25 VSP Adjustment
(12.2025)
Paid by Check
# 108288
12/01/2025 12/01/2025 12/01/2025 12/05/2025 44.69
10607 - Vision Service Plan 12.-01-25 VSP COBRA (12.2025) Paid by Check # 108288
12/01/2025 12/01/2025 12/01/2025 12/05/2025 114.05
Account 6150.500 - Medical Vision Totals Invoice Transactions 2 $158.74 Account 6300.570 - Prof Svc Other
11250 - U.S. Bank 7940905 Account# 244667000 /
Custody Admin Fees
10/1/25-9/30/26
Paid by Check
# 108286
10/24/2025 11/25/2025 11/25/2025 12/05/2025 4,000.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $4,000.00 Account 6400.635 - Material & Suppl Postage Shipping
10509 - Reserve Account - Pitney Bowes 12-01-25 Postage Meter Refill Paid by Check # 108281
12/01/2025 11/25/2025 11/25/2025 12/05/2025 1,741.00
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 1 $1,741.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $5,899.74 Division 000 - Non-Div Totals Invoice Transactions 4 $5,899.74 Department 190 - Citywide Non-Dept Totals Invoice Transactions 4 $5,899.74 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11723 - Hardee Polygraph Services -
Heather Hardee
MPD25-04 Polygraph - Barabino,
Maximus
Paid by Check
# 108266
11/21/2025 11/24/2025 11/24/2025 12/05/2025 300.00
Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 2 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
2 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
12065 - Hasco Stations, LLC HCL-046784-25 Car Wash Paid by Check # 108267
11/30/2025 12/02/2025 12/02/2025 12/05/2025 42.50
12065 - Hasco Stations, LLC 214111 Call # 275338658 Paid by Check # 108267
11/25/2025 12/02/2025 12/02/2025 12/05/2025 550.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $892.50 Account 6360.050 - Maint & Repairs Building
10239 - First Alarm 920123 Service Call - Ticket #
249195
Paid by EFT #
7011
11/23/2025 11/24/2025 11/24/2025 12/05/2025 190.00
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 1 $190.00 Account 6360.342 - Maint & Repairs IT - System Annual Maint 12179 - Peregrine Technologies, Inc. INV-0382 Access to peregrine platform - Marina PD
11/22/25-11/21/2026
Paid by Check
# 108277
11/24/2025 11/24/2025 11/24/2025 12/05/2025 43,500.00
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 1 $43,500.00 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 229023 Janitorial Service
Police/Fire/Airport
October 2025
Paid by EFT #
7008
11/24/2025 11/24/2025 11/24/2025 12/05/2025 1,308.00
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $1,308.00 Account 6360.570 - Maint & Repairs Other Svc Agr
10493 - Pure H2O 26087 Water Cooler
Maintenance
Paid by Check
# 108279
12/01/2025 12/01/2025 12/01/2025 12/05/2025 88.55
12146 - MRC Smart Tech. Solutions/MR
COPY INC DBA:XBS-WEST
IN5122787 Meter Read Paid by Check
# 108275
11/25/2025 12/02/2025 12/02/2025 12/05/2025 141.12
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $229.67 Account 6370.010 - Shared Svc 911
10411 - Monterey County - Emergency
Communications
12-01-25 Monterey County
Emergency
Communication Quarter
3 Invoice 25/26
Paid by Check
# 108273
12/01/2025 12/01/2025 12/01/2025 12/05/2025 128,678.22
Account 6370.010 - Shared Svc 911 Totals Invoice Transactions 1 $128,678.22 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
12-01-25 Monterey County
Emergency
Communication Quarter
3 Invoice 25/26
Paid by Check
# 108273
12/01/2025 12/01/2025 12/01/2025 12/05/2025 9,955.00
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $9,955.00 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 3 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
3 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6128781489 PD Department Cell Phones 272493672-
0001
Paid by EFT #
7016
11/18/2025 12/02/2025 12/02/2025 12/05/2025 5,503.18
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $5,503.18 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000024390643 Acct # 9391023478 Paid by Check # 108251
11/15/2025 11/24/2025 11/24/2025 12/05/2025 63.19
10057 - Avaya, Inc. 2222041617 Acct # 100828859 Paid by EFT # 7007
11/28/2025 11/28/2025 11/24/2025 12/05/2025 10.30
10057 - Avaya, Inc. 2222038237 Acct # 100828859 Paid by EFT # 7007
11/03/2025 11/03/2025 11/24/2025 12/05/2025 2.19
10374 - Maynard Group Inc. IN2061756 Utilities - Phones / Acct #AC3746
Paid by EFT #
7014
12/01/2025 12/02/2025 12/02/2025 12/05/2025 676.84
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 4 $752.52 Account 6400.565 - Material & Suppl Office Supplies
10498 - Quill Corporation 46711987 Office Supplies Paid by Check # 108280
11/22/2025 11/24/2025 11/24/2025 12/05/2025 76.46
10498 - Quill Corporation 46743807 Office Supplies Paid by Check # 108280
11/25/2025 11/25/2025 11/24/2025 12/05/2025 205.31
10498 - Quill Corporation 46637090 Office Supplies Paid by Check # 108280
11/18/2025 11/24/2025 11/24/2025 12/05/2025 399.57
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 3 $681.34 Account 6400.635 - Material & Suppl Postage Shipping
10235 - FedEx 9-075-72874 Acct # 3995-9218-6 Paid by Check # 108265
11/21/2025 11/24/2025 11/24/2025 12/05/2025 108.91
10235 - FedEx 9-708-28643 Acct # 3995-9218-6 Paid by Check # 108265
11/28/2025 12/02/2025 12/02/2025 12/05/2025 4.99
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 2 $113.90 Account 6400.720 - Material & Suppl Safety Equip
10226 - Enterprise Holdings, Inc. / EAN
Services, LLC
40575433 Training - Cox SWAT
Commander Course
(San Diego, CA)
Paid by Check
# 108264
11/30/2025 12/02/2025 12/02/2025 12/05/2025 278.56
Account 6400.720 - Material & Suppl Safety Equip Totals Invoice Transactions 1 $278.56 Account 6500.620 - Training & Travel POST
12260 - Brodie Sievers - Employee 12-2-25 Per Diem - Sievers - Human Trafficking
Investigations
Paid by Check
# 108254
12/03/2025 12/03/2025 12/03/2025 12/05/2025 10.00
Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 4 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
4 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6500.620 - Training & Travel POST
12209 - Kaleb Smith - Employee 12-2-25 Per Diem - Smith - Human Trafficking
Investigations
Paid by Check
# 108270
12/03/2025 12/03/2025 12/03/2025 12/05/2025 10.00
Account 6500.620 - Training & Travel POST Totals Invoice Transactions 2 $20.00 Account 6600.780 - Other Charges Transcription Svc
10544 - SpeakWrite 7d205a30 Transcription Service;
Online Reporting
Paid by Check
# 108283
12/01/2025 12/02/2025 11/24/2025 12/05/2025 1,777.68
Account 6600.780 - Other Charges Transcription Svc Totals Invoice Transactions 1 $1,777.68 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 24 $193,880.57 Division 000 - Non-Div Totals Invoice Transactions 24 $193,880.57 Department 210 - Police Totals Invoice Transactions 24 $193,880.57 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 2025-V Apartments Inspection Paid by Check # 108292
10/25/2025 12/01/2025 12/01/2025 12/05/2025 3,225.00
10841 - Art Black / Carmel Fire Protection 125499 Residential Fire Sprinkler Inspection for
608 Carmel Avenue
Paid by Check
# 108292
11/18/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125500 Residential Fire Sprinkler Inspection for
610 Carmel Avenue
Paid by Check
# 108292
11/18/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125501 Fire Sprinkler Inspection for 612
Carmel Avenue
Paid by Check
# 108292
11/18/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125502 Residential Fire Sprinkler Inspection for
641 Santa Inez Way
Paid by Check
# 108292
11/18/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125503 Residential Fire Sprinkler Inspection for
622 Santa Lucia Way
Paid by Check
# 108292
11/18/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125394 Plan Review and Fire Inspection for 3190
Imjin Road
Paid by Check
# 108292
09/24/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125496 Fire Alarm System Transfer
Paid by Check
# 108292
11/13/2025 12/01/2025 12/01/2025 12/05/2025 100.00
10841 - Art Black / Carmel Fire Protection 125322 Marina Station Master Plan 2632
Paid by Check
# 108292
08/15/2025 12/01/2025 12/01/2025 12/05/2025 200.00
Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 5 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
5 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 125323 Marina Station Master Plan 2850
Paid by Check
# 108292
08/15/2025 12/01/2025 12/01/2025 12/05/2025 200.00
10841 - Art Black / Carmel Fire Protection 125324 Marina Station Master Plan 2941
Paid by Check
# 108292
08/15/2025 12/01/2025 12/01/2025 12/05/2025 200.00
10841 - Art Black / Carmel Fire Protection 125329 Residential Fire Sprinkler Inspection for
3085 Arroyo Drive
Paid by Check
# 108292
08/20/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125328 Residential Fire Sprinkler Inspection for
3087 Arroyo Drive
Paid by Check
# 108292
08/20/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125327 Residential Fire Sprinkler Inspection for
611 Santa Lucia Way
Paid by Check
# 108292
08/20/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125171 Residential Fire Sprinkler Inspection for
104 8th Street
Paid by Check
# 108292
05/02/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125337 Residential Fire Sprinkler Inspection for
2318 Bayside Avenue
Paid by Check
# 108292
09/04/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125336 Residential Fire Sprinkler Inspection for
2316 Bayside Avenue
Paid by Check
# 108292
09/04/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125335 Residential Fire Sprinkler Inspection for
2314 Bayside Avenue
Paid by Check
# 108292
09/04/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125334 Residential Fire Sprinkler Inspection for
2312 Bayside Avenue
Paid by Check
# 108292
09/04/2025 12/01/2025 12/01/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125346 Plan Review for 3521 Cortney Lane
Paid by Check
# 108292
09/05/2025 12/01/2025 12/01/2025 12/05/2025 200.00
10841 - Art Black / Carmel Fire Protection 125345 Plan Review for 219- 221 Hillcrest Avenue
Paid by Check
# 108292
09/05/2025 12/01/2025 12/01/2025 12/05/2025 200.00
10841 - Art Black / Carmel Fire Protection 125344 Hydrant System 3190 Imjin Road
Paid by Check
# 108292
09/05/2025 12/01/2025 12/01/2025 12/05/2025 200.00
10841 - Art Black / Carmel Fire Protection 125207 Plan Review and Fire Inspection for 98
General Stilwell Drive
Paid by Check
# 108292
06/04/2025 12/01/2025 12/01/2025 12/05/2025 215.00
10841 - Art Black / Carmel Fire Protection 125482 Residential Fire Sprinkler Inspection for
618 Carmel Avenue
Paid by Check
# 108292
10/31/2025 12/02/2025 12/02/2025 12/05/2025 230.00
Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 6 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
6 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 125483 Residential Fire Sprinkler Inspection for
620 Carmel Avenue
Paid by Check
# 108292
10/31/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125489 Plan Review for 266 Reservation Road
Paid by Check
# 108292
11/01/2025 12/02/2025 12/02/2025 12/05/2025 200.00
10841 - Art Black / Carmel Fire Protection 125488 Residential Fire Sprinkler Inspection for
3090 Arroyo Drive
Paid by Check
# 108292
11/01/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125487 Residential Fire Sprinkler Inspection for
3046 Arroyo Drive
Paid by Check
# 108292
11/01/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125486 Residential Fire Sprinkler Inspection for
3051 Capitan Drive
Paid by Check
# 108292
11/01/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125485 Residential Fire Sprinkler Inspection for
615 Santa Lucia Way
Paid by Check
# 108292
11/01/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125484 Residential Fire Sprinkler Inspection for
613 Santa Lucia Way
Paid by Check
# 108292
11/01/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125481 Residential Fire Sprinkler Inspection for
616 Carmel Avenue
Paid by Check
# 108292
10/31/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125480 Residential Fire Sprinkler Inspection for
614 Carmel Drive
Paid by Check
# 108292
10/31/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125438 Plan Review and Fire Alarm Inspection for
3190 Imjin Road
Paid by Check
# 108292
10/15/2025 12/02/2025 12/02/2025 12/05/2025 215.00
10841 - Art Black / Carmel Fire Protection 125370 Plan Review and Fire Alarm Inspection for 98
General Stilwell Dr
Paid by Check
# 108292
09/11/2025 12/02/2025 12/02/2025 12/05/2025 215.00
10841 - Art Black / Carmel Fire Protection 125402 Residential Fire Sprinkler Inspection for
2314 Osprey Avenue
Paid by Check
# 108292
09/26/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125401 Residential Fire Sprinkler Inspection for
2316 Osprey Avenue
Paid by Check
# 108292
09/26/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125400 Residential Fire Sprinkler Inspection for
2315 Osprey Avenue
Paid by Check
# 108292
09/26/2025 12/02/2025 12/02/2025 12/05/2025 230.00
Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 7 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
7 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 125399 Residential Fire Sprinkler Inspection for
2313 Osprey Avenue
Paid by Check
# 108292
09/26/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125379 Residential Fire Sprinkler Inspection for
3053 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125381 Residential Fire Sprinkler Inspection for
3049 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125382 Residential Fire Sprinkler Inspection for
3057 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 165383 Residential Fire Sprinkler Inspection for
3059 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125384 Residential Fire Sprinkler Inspection for
3061 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125385 Residential Fire Sprinkler Inspection for
3065 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125386 Residential Fire Sprinkler Inspection for
3067 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125387 Residential Fire Sprinkler Inspection for
3069 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125388 Residential Fire Sprinkler Inspection for
3071 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125389 Residential Fire Sprinkler Inspection for
3063 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125380 Residential Fire Sprinkler Inspection for
3051 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
10841 - Art Black / Carmel Fire Protection 125378 Residential Fire Sprinkler Inspection for
3055 Abrams Drive
Paid by Check
# 108292
09/16/2025 12/02/2025 12/02/2025 12/05/2025 230.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 51 $14,340.00 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 8 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
8 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.342 - Maint & Repairs IT - System Annual Maint 10623 - Xerox Financial Services 41234119 FD Monthly Copier Charges 11/03/25-
12/02/25
Paid by Check
# 108289
11/20/2025 12/01/2025 12/01/2025 12/05/2025 257.13
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 1 $257.13 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 229023 Janitorial Service
Police/Fire/Airport
October 2025
Paid by EFT #
7008
11/24/2025 11/24/2025 11/24/2025 12/05/2025 517.00
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $517.00 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4250788919 Shop Towel - Microfiber Towel
Paid by Check
# 108257
11/21/2025 11/24/2025 11/24/2025 12/05/2025 163.07
10323 - L.N. Curtis & Sons INV1014103 Annual Routine Service for Stallion Breathing
Air Compressor
Paid by EFT #
7013
11/26/2025 12/01/2025 12/01/2025 12/05/2025 1,355.09
10493 - Pure H2O 26087 Water Cooler
Maintenance
Paid by Check
# 108279
12/01/2025 12/01/2025 12/01/2025 12/05/2025 113.53
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 3 $1,631.69 Account 6370.010 - Shared Svc 911
10411 - Monterey County - Emergency
Communications
12-01-25 Monterey County
Emergency
Communication Quarter
3 Invoice 25/26
Paid by Check
# 108273
12/01/2025 12/01/2025 12/01/2025 12/05/2025 16,786.78
Account 6370.010 - Shared Svc 911 Totals Invoice Transactions 1 $16,786.78 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
12-01-25 Monterey County
Emergency
Communication Quarter
3 Invoice 25/26
Paid by Check
# 108273
12/01/2025 12/01/2025 12/01/2025 12/05/2025 6,183.00
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $6,183.00 Account 6400.740 - Material & Suppl Special Dept Suppl
10927 - Ace Hardware - Fire Dept. 092978 Cust #204 - Supplies for Station 1
Paid by Check
# 108249
11/21/2025 11/24/2025 11/24/2025 12/05/2025 56.71
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $56.71 Account 6400.800 - Material & Suppl Uniform
10219 - Emblem Authority 50323 Chief Gold Patches Paid by Check # 108262
11/18/2025 12/01/2025 12/01/2025 12/05/2025 608.00
Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 9 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
9 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.800 - Material & Suppl Uniform
10323 - L.N. Curtis & Sons INV1005634 Softshell Jacket and Quarter Zip Shirt -
Siegel
Paid by EFT #
7013
10/31/2025 12/01/2025 12/01/2025 12/05/2025 268.53
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 2 $876.53 Account 6500.700 - Training & Travel Training & Travel
10138 - City Of Monterey 110898 IEC Live Fire Training Paid by Check # 108258
11/10/2025 11/18/2025 11/18/2025 12/05/2025 3,000.00
Account 6500.700 - Training & Travel Training & Travel Totals Invoice Transactions 1 $3,000.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 62 $43,648.84 Division 000 - Non-Div Totals Invoice Transactions 62 $43,648.84 Department 250 - Fire Totals Invoice Transactions 62 $43,648.84 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works 092898 Facilities-Scout House PM
Paid by Check
# 108250
11/12/2025 11/30/2025 11/12/2025 12/05/2025 21.84
10728 - Ace Hardware-Public Works 092892 Facilities-Scout House PM supplies
Paid by Check
# 108250
11/12/2025 11/30/2025 11/12/2025 12/05/2025 22.92
10728 - Ace Hardware-Public Works 092860 Facilities- Council Chambers Lighting
Paid by Check
# 108250
11/07/2025 11/12/2025 11/12/2025 12/05/2025 7.63
10728 - Ace Hardware-Public Works 092862 Facilities- Council Chambers Lighting
Paid by Check
# 108250
11/07/2025 11/12/2025 11/12/2025 12/05/2025 1.63
10728 - Ace Hardware-Public Works 092834 Facilities- CH Flag pole Key
Paid by Check
# 108250
11/05/2025 11/30/2025 11/12/2025 12/05/2025 5.45
10728 - Ace Hardware-Public Works 092766 Facilities- Dolphin Molding Rack
Paid by Check
# 108250
10/29/2025 11/12/2025 11/12/2025 12/05/2025 93.89
10728 - Ace Hardware-Public Works 092831 Facilities- Fence Repair Paid by Check # 108250
11/04/2025 11/12/2025 11/12/2025 12/05/2025 13.09
10949 - Edges Electrical Group S6581644.001 Tork 365 Day signal light
Paid by Check
# 108261
11/14/2025 11/30/2025 11/18/2025 12/05/2025 931.51
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 8 $1,097.96 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
12-01-25 Monterey County
Emergency
Communication Quarter
3 Invoice 25/26
Paid by Check
# 108273
12/01/2025 12/01/2025 12/01/2025 12/05/2025 2,489.00
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $2,489.00 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 10 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
10 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Nov 2025 56
011
3254 Abdy Ave (56-
011)
Paid by Check
# 108272
11/05/2025 11/26/2025 11/25/2025 12/05/2025 295.25
10349 - Marina Coast Water District Nov 2025 56
014
3200 Del Monte Blvd
(56-014)
Paid by Check
# 108272
11/05/2025 11/26/2025 11/26/2025 12/05/2025 3,126.78
10349 - Marina Coast Water District Nov 2025 56
034
3240 De Forest Rd (56-
034)
Paid by Check
# 108272
11/05/2025 11/25/2025 11/25/2025 12/05/2025 814.24
10349 - Marina Coast Water District Nov 2025 56
098
3254 Abdy Ave (Tate
Park Bldg) 56-098
Paid by Check
# 108272
11/05/2025 11/25/2025 11/25/2025 12/05/2025 86.77
10349 - Marina Coast Water District Nov 2025 56
106
306 Reservation Rd (56
-106)
Paid by Check
# 108272
11/05/2025 11/25/2025 11/25/2025 12/05/2025 72.27
10349 - Marina Coast Water District Oct 2025 56
099
9th St West of 2nd Ave
(56 099)
Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 2,317.19
10349 - Marina Coast Water District Oct 2025 56
100
9th St Irrigation Parcels
L & M (56 100)
Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 2,277.04
10349 - Marina Coast Water District Oct 2025 56
102
9th St & 4th St (56
102)
Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 455.85
10349 - Marina Coast Water District Oct 2025 56
103
2840 Fifth Ave (56
103)
Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 129.21
10349 - Marina Coast Water District Oct 2025 56
107
9th St Irrigation (56
107)
Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 976.18
10349 - Marina Coast Water District Oct 2025 56
108
Imjin Pkwy & Marina
Heights (56 108)
Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 4,719.78
10349 - Marina Coast Water District Oct 2025 56
109
8th St Hilltop Park
Temp Irrigation (56
109)
Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 528.12
10349 - Marina Coast Water District Oct 2025 56
110
9th & 4th Ave (56 110) Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 1,395.36
10349 - Marina Coast Water District Oct 2025 56
112
NE Corner Imjin Pkwy
& E Abrams Dr (56
112)
Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 279.19
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 14 $17,473.23 Account 6400.737 - Material & Suppl Tools & Equip
10728 - Ace Hardware-Public Works 092866 Street Sweeper Supplies
Paid by Check
# 108250
11/07/2025 11/12/2025 11/12/2025 12/05/2025 24.01
10599 - Valley Saw & Garden Equipment 425062 Grounds Weed eater supplies
Paid by Check
# 108287
11/13/2025 11/30/2025 11/12/2025 12/05/2025 147.38
Account 6400.737 - Material & Suppl Tools & Equip Totals Invoice Transactions 2 $171.39 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 25 $21,231.58 Division 311 - Buildings & Grounds Totals Invoice Transactions 25 $21,231.58 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 11 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
11 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10528 - Salinas Valley Ford 65869 #591 Paid by Check
# 108282
10/24/2025 11/12/2025 11/12/2025 12/05/2025 85.56
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 1 $85.56 Account 6360.850 - Maint & Repairs Vehicle
10428 - HICKS & HOWELL / MONTEREY
TIRE SERVICE INC.
1-127300 22-01 Tires Paid by Check
# 108268
11/10/2025 12/09/2025 11/12/2025 12/05/2025 1,875.99
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 1 $1,875.99 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $1,961.55 Division 313 - Vehicle Maint Totals Invoice Transactions 2 $1,961.55 Department 310 - Public Works Totals Invoice Transactions 27 $23,193.13 Department 430 - Building Inspection
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.070 - Prof Svc Building Plan Check & Inspection 11138 - Bureau Veritas North America, Inc. RI 25053320 B25-000124 3190 Imjin Road
Paid by EFT #
7009
11/24/2025 12/24/2025 11/21/2025 12/05/2025 1,690.00
Account 6300.070 - Prof Svc Building Plan Check & Inspection Totals Invoice Transactions 1 $1,690.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $1,690.00 Division 000 - Non-Div Totals Invoice Transactions 1 $1,690.00 Department 430 - Building Inspection Totals Invoice Transactions 1 $1,690.00 Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11787 - Robert Hall Bob Hall & Associates 1039 Recruitment Services Paid by Check # 108253
11/13/2025 12/02/2025 12/02/2025 12/05/2025 7,525.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $7,525.00 Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 10897 - TechRx Technology Services
Corporation
13304 Desktop Paid by EFT #
7015
11/30/2025 12/02/2025 12/02/2025 12/05/2025 1,322.88
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades Totals Invoice Transactions 1 $1,322.88 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6128740449 542484588-00001 Paid by EFT # 7016
11/17/2025 12/02/2025 12/02/2025 12/05/2025 207.80
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $207.80 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $9,055.68 Division 100 - Admin Totals Invoice Transactions 3 $9,055.68 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 12 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
12 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 511 - Youth
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6128740449 542484588-00001 Paid by EFT # 7016
11/17/2025 12/02/2025 12/02/2025 12/05/2025 64.05
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $64.05 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $64.05 Division 511 - Youth Totals Invoice Transactions 1 $64.05 Division 512 - Teen
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6128740449 542484588-00001 Paid by EFT # 7016
11/17/2025 12/02/2025 12/02/2025 12/05/2025 51.95
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $51.95 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $51.95 Division 512 - Teen Totals Invoice Transactions 1 $51.95 Division 514 - Sports
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6128740449 542484588-00001 Paid by EFT # 7016
11/17/2025 12/02/2025 12/02/2025 12/05/2025 51.95
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $51.95 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $51.95 Division 514 - Sports Totals Invoice Transactions 1 $51.95 Department 510 - Recreation & Culture Totals Invoice Transactions 6 $9,223.63 Fund 100 - General Fund Totals Invoice Transactions 136 $301,358.62 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 13 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
13 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 110 - Vehicle and Equipment
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.450 - Other Charges Leases & Rents
11491 - Enterprise FM Trust - Fleet Lease
payments only
FBN5483375 Lease Payment
November 2025
Paid by EFT #
7010
11/05/2025 12/01/2025 12/01/2025 12/05/2025 32,756.43
Account 6600.450 - Other Charges Leases & Rents Totals Invoice Transactions 1 $32,756.43 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $32,756.43 Division 000 - Non-Div Totals Invoice Transactions 1 $32,756.43 Department 000 - Non-Dept Totals Invoice Transactions 1 $32,756.43 Fund 110 - Vehicle and Equipment Totals Invoice Transactions 1 $32,756.43 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 14 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
14 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Nov 2025 483-6 PG&E - 3982644483-6 Paid by Check # 108276
11/19/2025 12/01/2025 12/01/2025 12/05/2025 17,366.29
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $17,366.29 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Nov 2025 56
008
Reservation & Del
Monte (56-008)
Paid by Check
# 108272
11/05/2025 11/25/2025 11/25/2025 12/05/2025 50.75
10349 - Marina Coast Water District Nov 2025 56
030
Crescent Ave/Ramada
Inn (56-030)
Paid by Check
# 108272
11/05/2025 11/26/2025 11/25/2025 12/05/2025 78.07
10349 - Marina Coast Water District Nov 2025 56
032
Crescent Ave/Costa Del
Mar East (56-032)
Paid by Check
# 108272
11/05/2025 11/26/2025 11/25/2025 12/05/2025 146.41
10349 - Marina Coast Water District Nov 2025 56
084
Crescent/Shuler/Irrigati
on (56-084)
Paid by Check
# 108272
11/05/2025 11/25/2025 11/25/2025 12/05/2025 50.75
10349 - Marina Coast Water District Nov 2025 56
085
Crescent/Whitney
Irrigation (56-085)
Paid by Check
# 108272
11/05/2025 11/25/2025 11/25/2025 12/05/2025 50.75
10349 - Marina Coast Water District Nov 2025 56
086
Cresecnt Ave/Sirena del
Mar Irrigation (56 086)
Paid by Check
# 108272
11/05/2025 11/25/2025 11/25/2025 12/05/2025 56.03
10349 - Marina Coast Water District Nov 2025 56
087
Crescent Ave/ Costa
Del Mar Irrigation (56
087)
Paid by Check
# 108272
11/05/2025 11/25/2025 11/25/2025 12/05/2025 50.75
10349 - Marina Coast Water District Oct 2025 56
036
2nd Ave/Divarty &
Intergarrison (56 036)
Paid by Check
# 108272
10/27/2025 11/17/2025 11/25/2025 12/05/2025 253.48
10349 - Marina Coast Water District Oct 2025 56
037
2nd Ave (56-037) Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 245.45
10349 - Marina Coast Water District Oct 2025 56
095
2nd Ave (56-095) Paid by Check
# 108272
10/27/2025 11/25/2025 11/25/2025 12/05/2025 687.10
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 10 $1,669.54 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $19,035.83 Division 000 - Non-Div Totals Invoice Transactions 11 $19,035.83 Department 000 - Non-Dept Totals Invoice Transactions 11 $19,035.83 Fund 220 - Gas Tax Totals Invoice Transactions 11 $19,035.83 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 15 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
15 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 255 - Housing Assistance Fund
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.400 - Other Charges - Fees
12067 - Sterling Management / Sterling
Property Management
12-01-25 306 Reservation Road -
HOA Fee - December
2025
Paid by Check
# 108284
12/01/2025 11/25/2025 11/25/2025 12/05/2025 555.98
Account 6600.400 - Other Charges - Fees Totals Invoice Transactions 1 $555.98 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $555.98 Division 000 - Non-Div Totals Invoice Transactions 1 $555.98 Department 000 - Non-Dept Totals Invoice Transactions 1 $555.98 Fund 255 - Housing Assistance Fund Totals Invoice Transactions 1 $555.98 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 16 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
16 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
12171 - Butano Geotechnical Engineering,
Inc
9151 Glorya Jean Tate Park
Phase 2
Paid by Check
# 108255
11/13/2025 12/12/2025 11/12/2025 12/05/2025 930.40
11084 - EMC Planning Group 24-132-7 Locke Paddon Wetland Community Park& Pond
Mgmt Plan Oct 2025
Paid by Check
# 108263
10/31/2025 11/21/2025 11/21/2025 12/05/2025 660.59
12266 - Yamabe & Horn Engineering, Inc. 54591 Windy Hill Park Improvements
Paid by Check
# 108290
11/11/2025 12/10/2025 11/12/2025 12/05/2025 3,425.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $5,015.99 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $5,015.99 Division 000 - Non-Div Totals Invoice Transactions 3 $5,015.99 Department 000 - Non-Dept Totals Invoice Transactions 3 $5,015.99 Fund 462 - City Capital Projects Totals Invoice Transactions 3 $5,015.99 Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 17 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
17 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.030 - Prof Svc Airport Specific Plan
10316 - Kimley-Horn & Associates, Inc. 33105260 OAR Econ Impact Study
Paid by Check
# 108271
08/31/2025 11/21/2025 11/21/2025 12/05/2025 5,520.00
10316 - Kimley-Horn & Associates, Inc. 33762988 OAR Econ Impact Study
Paid by Check
# 108271
10/31/2025 11/30/2025 11/21/2025 12/05/2025 2,760.00
Account 6300.030 - Prof Svc Airport Specific Plan Totals Invoice Transactions 2 $8,280.00 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 229023 Janitorial Service
Police/Fire/Airport
October 2025
Paid by EFT #
7008
11/24/2025 11/24/2025 11/24/2025 12/05/2025 410.00
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $410.00 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000024275245 AWOS-Auto Weather
Service (9391023449)
Paid by Check
# 108251
10/28/2025 12/04/2025 11/07/2025 12/05/2025 33.38
10758 - AT & T CALNET3 000024275239 Fire Alarms Hangar 524 & 533 (9391023443)
Paid by Check
# 108251
10/28/2025 12/04/2025 11/07/2025 12/05/2025 61.27
10758 - AT & T CALNET3 000024275240 Fire Alarms Hangar 524 & 533 (9391023444)
Paid by Check
# 108251
10/28/2025 12/04/2025 11/07/2025 12/05/2025 61.27
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 3 $155.92 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Nov 2025 347-0 3263 Imji Rd Bldg 519 (6258961347-0)
Paid by Check
# 108276
11/06/2025 11/24/2025 11/21/2025 12/05/2025 818.02
10463 - Pacific Gas & Electric Nov 2025 288-5 781 Neeson Rd Bldg 520 (7175660288-5)
Paid by Check
# 108276
11/07/2025 11/24/2025 11/21/2025 12/05/2025 377.72
10463 - Pacific Gas & Electric Nov 2025 608-2 3260 Imjin Ave Bldg 514 (7383993608-2)
Paid by Check
# 108276
11/07/2025 11/24/2025 11/21/2025 12/05/2025 1,152.99
10463 - Pacific Gas & Electric Nov 2025 103-6 3200 Imjin Rd Bldg 507 (8030427103-6)
Paid by Check
# 108276
11/06/2025 11/24/2025 11/21/2025 12/05/2025 4,231.21
10463 - Pacific Gas & Electric Nov 2025 451-7 3271 Imjin Rd (8600650451-7)
Paid by Check
# 108276
11/06/2025 11/07/2025 11/21/2025 12/05/2025 375.32
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 5 $6,955.26 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Oct 2025 56-
051
721 Neeson Rd Bldg
533 (000056 051)
Paid by Check
# 108272
10/27/2025 11/17/2025 11/21/2025 12/05/2025 363.26
10349 - Marina Coast Water District Oct 2025 56-
096
3271 Imjin Rd (000056
096)
Paid by Check
# 108272
10/27/2025 11/17/2025 11/21/2025 12/05/2025 120.05
10349 - Marina Coast Water District Oct 2025 56-
097
3200 Imjin Rd (000056
097)
Paid by Check
# 108272
10/27/2025 11/17/2025 11/21/2025 12/05/2025 858.32
Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 18 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
18 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Oct 2025 56-
114
3261 Imjin Rd (000056
-114)
Paid by Check
# 108272
10/27/2025 11/17/2025 11/21/2025 12/05/2025 47.83
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 4 $1,389.46 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 15 $17,190.64 Division 000 - Non-Div Totals Invoice Transactions 15 $17,190.64 Department 000 - Non-Dept Totals Invoice Transactions 15 $17,190.64 Fund 555 - Marina Airport Totals Invoice Transactions 15 $17,190.64 Grand Totals Invoice Transactions 167 $375,913.49
Run by Melanie Hernandez on 12/04/2025 02:24:52 PM Page 19 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 12/05/25 - 12/05/25
19 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 110 - City Council
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6500.700 - Training & Travel Training & Travel
12182 - Community Housing Improvement
Systems/CHISPA, Inc.
010 2026 Annual
Celebration Ticket -
Kathy Y. Biala
Paid by Check
# 108298
12/09/2025 12/09/2025 12/09/2025 12/12/2025 150.00
12182 - Community Housing Improvement
Systems/CHISPA, Inc.
011 2026 Annual
Celebration Ticket -
Bruce C. Delgado
Paid by Check
# 108298
12/09/2025 12/09/2025 12/09/2025 12/12/2025 150.00
Account 6500.700 - Training & Travel Training & Travel Totals Invoice Transactions 2 $300.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $300.00 Division 000 - Non-Div Totals Invoice Transactions 2 $300.00 Department 110 - City Council Totals Invoice Transactions 2 $300.00 Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11618 - Tripepi, Smith & Associates, Inc. 16105 PR Support - November 2025
Paid by Check
# 108321
11/30/2025 12/04/2025 12/04/2025 12/12/2025 5,325.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $5,325.00 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 449866374001 Office Supplies Paid by Check # 108314
12/04/2025 12/05/2025 12/05/2025 12/12/2025 100.36
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $100.36 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $5,425.36 Division 000 - Non-Div Totals Invoice Transactions 2 $5,425.36 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 2 $5,425.36 Department 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
12351 - EPIQ EDISCOVERY SOLUTIONS

INC/EPIQ FINANCING RECIV
91105409 Professional Services
Other
Paid by Check
# 108303
12/08/2025 12/08/2025 12/04/2025 12/12/2025 4,818.84
10897 - TechRx Technology Services
Corporation
13229 Professional Services
Other
Paid by EFT #
7063
09/01/2025 12/03/2025 12/03/2025 12/12/2025 3,600.88
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $8,419.72 Account 6360.076 - Maint & Repairs Copier
10406 - Monterey Bay Systems 500690 City Hall Copier
Maintenance Contract -
Oct. 2025-Jan. 12,
2026
Paid by EFT #
7055
10/07/2025 12/04/2025 12/04/2025 12/12/2025 768.45
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 1 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
20 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.076 - Maint & Repairs Copier
10406 - Monterey Bay Systems 503637 New City Hall Copier Maint. Contract Dec.
2025-Feb 2026
Paid by EFT #
7055
12/05/2025 12/09/2025 12/09/2025 12/12/2025 622.92
10592 - U.S. Bank Equipment Finance-
USbancorp
569861883 CDD Copier Lease
Payment Plus Late Fee
Paid by Check
# 108323
11/29/2025 12/04/2025 12/04/2025 12/12/2025 245.66
Account 6360.076 - Maint & Repairs Copier Totals Invoice Transactions 3 $1,637.03 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $10,056.75 Division 000 - Non-Div Totals Invoice Transactions 5 $10,056.75 Department 125 - I. T. Totals Invoice Transactions 5 $10,056.75 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.210 - Prof Svc Fin - Actuarial
11232 - Avenu MuniServices INV06-022138 ACFR FY2024-2025 Paid by EFT # 7042
12/05/2025 12/11/2025 12/11/2025 12/12/2025 2,000.00
Account 6300.210 - Prof Svc Fin - Actuarial Totals Invoice Transactions 1 $2,000.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,000.00 Division 000 - Non-Div Totals Invoice Transactions 1 $2,000.00 Department 130 - Finance Totals Invoice Transactions 1 $2,000.00 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11964 - Shute Mihaly & Weinberger LLP 294316 City Attorney Services - October 2025
Paid by EFT #
7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 21,345.87
11964 - Shute Mihaly & Weinberger LLP 294318 Code Enforcement - October 2025
Paid by EFT #
7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 6,862.31
11964 - Shute Mihaly & Weinberger LLP 294319 City Manager - October 2025
Paid by EFT #
7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 2,711.41
11964 - Shute Mihaly & Weinberger LLP 294320 Human Resources and Risk - October 2025
Paid by EFT #
7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 1,892.80
11964 - Shute Mihaly & Weinberger LLP 294321 Finance - Octeober 2025
Paid by EFT #
7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 4,123.60
11964 - Shute Mihaly & Weinberger LLP 294322 Planning
Commission/Developm
ent - October 2025
Paid by EFT #
7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 24,139.38
11964 - Shute Mihaly & Weinberger LLP 294323 Parks - October 2025 Paid by EFT # 7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 1,926.60
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 2 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
21 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11964 - Shute Mihaly & Weinberger LLP 294324 Police Department - October 2025
Paid by EFT #
7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 2,399.80
11964 - Shute Mihaly & Weinberger LLP 294325 Public Works - October 2025
Paid by EFT #
7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 11,728.60
11964 - Shute Mihaly & Weinberger LLP 294326 Defend City in Handcar Lawsuit - October 2025
Paid by EFT #
7061
11/28/2025 11/25/2025 11/25/2025 12/12/2025 10,935.23
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 10 $88,065.60 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $88,065.60 Division 000 - Non-Div Totals Invoice Transactions 10 $88,065.60 Department 150 - City Attorney Totals Invoice Transactions 10 $88,065.60 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.217 - Prof Svc Fin - Business Lic Services 10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN056478 Oct 2025 BL Admin Fee Paid by EFT #
7050
10/31/2025 12/11/2025 12/11/2025 12/12/2025 3,031.78
Account 6300.217 - Prof Svc Fin - Business Lic Services Totals Invoice Transactions 1 $3,031.78 Account 6300.570 - Prof Svc Other
10181 - Dave's Repair Service 39731 Diesel Pump Service Paid by Check # 108300
12/04/2025 01/04/2026 12/08/2025 12/12/2025 180.00
10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN056479 Oct 2025 - HDL TOT Paid by EFT #
7050
10/31/2025 12/11/2025 12/11/2025 12/12/2025 2,571.05
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $2,751.05 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4252173432 Mat Service City Hall Paid by Check # 108297
12/05/2025 12/11/2025 12/11/2025 12/12/2025 73.73
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $73.73 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000024422434 CALNET3-9391023437 (384-0425)
Paid by Check
# 108294
11/28/2025 12/11/2025 12/11/2025 12/12/2025 63.65
10758 - AT & T CALNET3 000024422437 CALNET3-9391023440 (384-0860)
Paid by Check
# 108294
11/28/2025 12/11/2025 12/11/2025 12/12/2025 32.56
10758 - AT & T CALNET3 000024422467 CALNET3-9391023468 (384-9148)
Paid by Check
# 108294
11/28/2025 12/11/2025 12/11/2025 12/12/2025 32.56
10758 - AT & T CALNET3 000024422438 CALNET3-9391023441 (384-0888)
Paid by Check
# 108294
11/28/2025 12/11/2025 12/11/2025 12/12/2025 32.56
10758 - AT & T CALNET3 000024422462 CALNET3-9391023463 (384-7854)
Paid by Check
# 108294
11/28/2025 12/11/2025 12/11/2025 12/12/2025 32.56
10758 - AT & T CALNET3 000024422465 CALNET3-9391023466 (384-8477)
Paid by Check
# 108294
11/28/2025 12/11/2025 12/11/2025 12/12/2025 63.57
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 3 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
22 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000024420274 CALNET3-9391023477 (582-9803)
Paid by Check
# 108294
11/27/2025 12/11/2025 12/11/2025 12/12/2025 32.54
10758 - AT & T CALNET3 000024420268 CALNET3-9391023471 (582-0100)
Paid by Check
# 108294
11/27/2025 12/11/2025 12/11/2025 12/12/2025 67.55
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 8 $357.55 Account 6400.565 - Material & Suppl Office Supplies
10469 - Stordok 53550464 Document Shredding -
City Hall
Paid by EFT #
7062
12/05/2025 12/09/2025 12/09/2025 12/12/2025 70.00
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $70.00 Account 6600.740 - Other Charges Special Event
11618 - Tripepi, Smith & Associates, Inc. 16104 PR Support - 50th Anniversary -
November 2025
Paid by Check
# 108321
11/30/2025 12/04/2025 12/04/2025 12/12/2025 57.50
Account 6600.740 - Other Charges Special Event Totals Invoice Transactions 1 $57.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 14 $6,341.61 Division 000 - Non-Div Totals Invoice Transactions 14 $6,341.61 Department 190 - Citywide Non-Dept Totals Invoice Transactions 14 $6,341.61 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10107 - California Towing & Transport 213747 Towing Service: Call # 275338714
Paid by Check
# 108295
12/03/2025 12/03/2025 12/03/2025 12/12/2025 150.00
10334 - Lexis Nexis Risk Solutions 1100237171 November 2025 Minimum Commitment
Paid by Check
# 108309
11/30/2025 12/03/2025 12/03/2025 12/12/2025 150.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $300.00 Account 6360.342 - Maint & Repairs IT - System Annual Maint 11957 - Flock Group, Inc. / Flock Safety INV-71107 Flock Safety LPR, fka Falcon
Paid by EFT #
7049
08/04/2025 11/19/2025 11/19/2025 12/12/2025 10,000.00
11957 - Flock Group, Inc. / Flock Safety INV-70998 Flock Safety LPR, fka Falcon
Paid by EFT #
7049
08/04/2025 11/19/2025 11/19/2025 12/12/2025 10,000.00
11957 - Flock Group, Inc. / Flock Safety INV-70892 Flock Safety LPR and Enhanced LPR Upgrade
Paid by EFT #
7049
08/01/2025 11/19/2025 11/19/2025 12/12/2025 8,500.00
11957 - Flock Group, Inc. / Flock Safety INV-71109 Flock Safety LPR, fka Falcon
Paid by EFT #
7049
08/04/2025 11/19/2025 11/19/2025 12/12/2025 10,000.00
11957 - Flock Group, Inc. / Flock Safety INV-71108 Flock Safety LPR, fka Falcon
Paid by EFT #
7049
08/04/2025 11/19/2025 11/19/2025 12/12/2025 10,000.00
10167 - Critical Reach 4667 2026 APBnet Annual
Support Fee
Paid by Check
# 108299
12/04/2025 12/04/2025 12/03/2025 12/12/2025 440.00
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 4 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
23 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.342 - Maint & Repairs IT - System Annual Maint 10897 - TechRx Technology Services
Corporation
13141 replace MPD NVR
drives, UPS desktop
power, and installation
Paid by EFT #
7063
09/30/2025 12/03/2025 12/03/2025 12/12/2025 1,246.31
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 7 $50,186.31 Account 6400.565 - Material & Suppl Office Supplies
10498 - Quill Corporation 46779669 Office Supplies Paid by Check # 108317
12/01/2025 12/03/2025 12/03/2025 12/12/2025 168.12
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $168.12 Account 6600.625 - Other Charges Printing Svc
12091 - MP EXPRESS, INC. 80204 EPO-001 Emergency
Protective Order Form
Paid by Check
# 108312
12/04/2025 12/04/2025 12/03/2025 12/12/2025 409.24
Account 6600.625 - Other Charges Printing Svc Totals Invoice Transactions 1 $409.24 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $51,063.67 Division 000 - Non-Div Totals Invoice Transactions 11 $51,063.67 Department 210 - Police Totals Invoice Transactions 11 $51,063.67 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 125512 Plan Review and Fire Inspection for 98
General Stilwell Drive
Paid by EFT #
7040
12/01/2025 12/04/2025 12/04/2025 12/12/2025 215.00
10841 - Art Black / Carmel Fire Protection 125513 Plan Review for Cottages at Marina
Station
Paid by EFT #
7040
12/02/2025 12/04/2025 12/04/2025 12/12/2025 200.00
10841 - Art Black / Carmel Fire Protection 125320 Marina Station Master Plan 1907
Paid by EFT #
7040
08/15/2025 12/05/2025 12/05/2025 12/12/2025 200.00
10841 - Art Black / Carmel Fire Protection 125321 Marina Station Master Plan 2376
Paid by EFT #
7040
08/15/2025 12/05/2025 12/05/2025 12/12/2025 200.00
10841 - Art Black / Carmel Fire Protection 125454 Fire Sprinkler and Inspection for Lot 907
Paid by EFT #
7040
10/16/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125453 Fire Sprinkler Inspection for Lot 891
Paid by EFT #
7040
10/16/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125452 Fire Sprinkler Inspection for Lot 873
Paid by EFT #
7040
10/16/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125448 Fire Sprinkler Inspection for Lot 868
Paid by EFT #
7040
10/16/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125449 Fire Sprinkler Inspection for Lot 869
Paid by EFT #
7040
10/16/2025 12/08/2025 12/08/2025 12/12/2025 230.00
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 5 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
24 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 125445 Fire Sprinkler Inspection for Lot 865
Paid by EFT #
7040
10/16/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125446 Fire Sprinkler Inspection for Lot 866
Paid by EFT #
7040
10/16/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125447 Fire Sprinkler Inspection for Lot 867
Paid by EFT #
7040
10/16/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125457 Fire Sprinkler Inspection for Lot 905
Paid by EFT #
7040
10/22/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125427 Plan Review and Fire Inspection for 3001
Second Avenue
Paid by EFT #
7040
10/11/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125428 Plan Review and Fire Inspection for 3001
Second Avenue
Paid by EFT #
7040
10/11/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125416 Residential Fire Sprinkler Inspection for
2312 Osprey Avenue
Paid by EFT #
7040
10/08/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125415 Residential Fire Sprinkler Inspection for
2311 Second Ave
Paid by EFT #
7040
10/08/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125414 Residential Fire Sprinkler Inspection for
2309 Second Avenue
Paid by EFT #
7040
10/08/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125412 Residential Fire Sprinkler Inspection for
626 Carmel Avenue
Paid by EFT #
7040
10/08/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125411 Residential Fire Sprinkler Inspection for
624 Carmel Avenue
Paid by EFT #
7040
10/08/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125410 Residential Fire Sprinkler Inspection for
622 Carmel Avenue
Paid by EFT #
7040
10/08/2025 12/08/2025 12/08/2025 12/12/2025 230.00
10841 - Art Black / Carmel Fire Protection 125461 Plan Reviews for Marina station
Townhomes
Paid by EFT #
7040
10/23/2025 12/09/2025 12/09/2025 12/12/2025 200.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 22 $4,925.00 Account 6360.570 - Maint & Repairs Other Svc Agr
11649 - ESO Solutions, Inc. ESO-184398 ESO Applications Paid by EFT # 7047
12/02/2025 12/10/2025 12/10/2025 12/12/2025 3,976.79
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 6 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
25 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.570 - Maint & Repairs Other Svc Agr
10239 - First Alarm 922987 3260 Imjin Road - Fire
Station 2
Paid by EFT #
7048
12/15/2025 12/10/2025 12/10/2025 12/12/2025 146.16
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $4,122.95 Account 6360.850 - Maint & Repairs Vehicle
10323 - L.N. Curtis & Sons INV1017249 Rigid Female Rocker Lug to Male Adapter
Paid by EFT #
7052
12/08/2025 12/09/2025 12/09/2025 12/12/2025 355.61
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 1 $355.61 Account 6380.300 - Utilities Gas & Electric
10603 - Verizon Wireless 6129409607 371782403-00002 FD Mobile Oct 26 - Nov 25
Paid by EFT #
7065
11/25/2025 12/05/2025 12/05/2025 12/12/2025 532.40
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $532.40 Account 6400.740 - Material & Suppl Special Dept Suppl
11393 - Carmel Roasters, Inc. 73892 FD Coffee - 3 Boxes Paid by Check # 108296
12/10/2025 12/10/2025 12/10/2025 12/12/2025 306.77
11720 - Chotinan Glass/Helping Hand
Health Education, LLC
4858 CPR/AED Card Paid by EFT #
7045
07/07/2025 12/04/2025 12/04/2025 12/12/2025 30.00
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 2 $336.77 Account 6400.800 - Material & Suppl Uniform
10323 - L.N. Curtis & Sons INV1015834 Classic Firefighter Pants - Siegel
Paid by EFT #
7052
12/03/2025 12/04/2025 12/04/2025 12/12/2025 324.19
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $324.19 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 29 $10,596.92 Division 000 - Non-Div Totals Invoice Transactions 29 $10,596.92 Department 250 - Fire Totals Invoice Transactions 29 $10,596.92 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works 092920 Community Cntr Playground
Paid by Check
# 108293
11/14/2025 12/02/2025 12/02/2025 12/12/2025 1.96
10728 - Ace Hardware-Public Works 092921 Community Cntr Playground
Paid by Check
# 108293
11/14/2025 12/02/2025 12/02/2025 12/12/2025 2.72
10080 - Branch's Janitorial 229020 Custodial Service for November 2025
Paid by EFT #
7044
11/24/2025 12/22/2025 11/24/2025 12/12/2025 2,886.35
10181 - Dave's Repair Service 39688 Site Inspections as Designated Operator
Paid by Check
# 108300
12/05/2025 01/05/2026 12/08/2025 12/12/2025 145.00
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 7 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
26 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10181 - Dave's Repair Service 39731 Diesel Pump Service Paid by Check # 108300
12/04/2025 01/04/2026 12/08/2025 12/12/2025 19.80
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 5 $3,055.83 Account 6360.070 - Maint & Repairs Bdg Public Safety
10187 - Della Mora Heating, Inc. 16832 Service labor for PD Paid by Check # 108301
11/19/2025 12/18/2025 11/21/2025 12/12/2025 205.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $205.00 Account 6360.440 - Maint & Repairs Landscape General
12277 - Rentokil North America, Inc/Target
Specialty Produ
INVP502033492 Burrow RX used for
grounds
Paid by Check
# 108318
12/03/2025 01/02/2026 12/08/2025 12/12/2025 4,349.53
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $4,349.53 Account 6400.737 - Material & Suppl Tools & Equip
10728 - Ace Hardware-Public Works 092845 Supplies Paid by Check # 108293
11/06/2025 12/02/2025 12/02/2025 12/12/2025 18.56
10728 - Ace Hardware-Public Works 092900 Community Cntr Playground
Paid by Check
# 108293
11/12/2025 12/02/2025 12/02/2025 12/12/2025 36.02
10728 - Ace Hardware-Public Works 092972 Windy Hill Swing install Paid by Check # 108293
11/21/2025 12/02/2025 12/02/2025 12/12/2025 27.30
Account 6400.737 - Material & Suppl Tools & Equip Totals Invoice Transactions 3 $81.88 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $7,692.24 Division 311 - Buildings & Grounds Totals Invoice Transactions 10 $7,692.24 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.850 - Maint & Repairs Vehicle
10428 - HICKS & HOWELL / MONTEREY
TIRE SERVICE INC.
1-127473 Tires for Unit 555 Paid by Check
# 108306
11/10/2025 12/02/2025 12/02/2025 12/12/2025 805.05
10403 - NAPA Auto Parts - former Monterey
Auto Supply
168376 Engine Oil for PD Paid by Check
# 108313
11/20/2025 12/02/2025 12/02/2025 12/12/2025 94.13
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 2 $899.18 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $899.18 Division 313 - Vehicle Maint Totals Invoice Transactions 2 $899.18 Department 310 - Public Works Totals Invoice Transactions 12 $8,591.42 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.610 - Prof Svc Planning - Consultant
10508 - Regional Government Services 20160 Special Event Permit Ordinance Aug 2025
Paid by EFT #
7059
08/31/2025 12/04/2025 12/04/2025 12/12/2025 1,337.00
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 8 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
27 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.610 - Prof Svc Planning - Consultant
10508 - Regional Government Services 20355 Special Event Permit Ordinance Aug 2025
Paid by EFT #
7059
09/30/2025 12/04/2025 12/04/2025 12/12/2025 1,241.50
10508 - Regional Government Services 20411 Planning Services Oct 2025
Paid by EFT #
7059
10/31/2025 12/04/2025 12/04/2025 12/12/2025 2,292.00
10508 - Regional Government Services 20415 Special Event Permit Ordinance Oct 2025
Paid by EFT #
7059
10/31/2025 12/04/2025 12/04/2025 12/12/2025 859.50
Account 6300.610 - Prof Svc Planning - Consultant Totals Invoice Transactions 4 $5,730.00 Account 6330.100 - Fee Agr Costs - Planning
10508 - Regional Government Services 20157 Harvey Gas Station Planning Svcs Aug
2025
Paid by EFT #
7059
08/31/2025 12/04/2025 12/04/2025 12/12/2025 668.50
10508 - Regional Government Services 20158 Harvey Hotel Planning Svcs Aug 2025
Paid by EFT #
7059
08/31/2025 12/04/2025 12/04/2025 12/12/2025 95.50
10508 - Regional Government Services 20354 Harvey Gas Station Planning Svcs Sept
2025
Paid by EFT #
7059
09/30/2025 12/04/2025 12/04/2025 12/12/2025 2,960.50
10508 - Regional Government Services 20413 Harvey Gas Station Planning Svcs Oct 2025
Paid by EFT #
7059
10/31/2025 12/04/2025 12/04/2025 12/12/2025 573.00
10508 - Regional Government Services 20414 Harvey Hotel Planning Svcs Oct 2025
Paid by EFT #
7059
10/31/2025 12/04/2025 12/04/2025 12/12/2025 573.00
Account 6330.100 - Fee Agr Costs - Planning Totals Invoice Transactions 5 $4,870.50 Account 6400.565 - Material & Suppl Office Supplies
11790 - Quality Print & Copy 24446 Business cards Code Manager, Sr Planner
Paid by EFT #
7057
11/25/2025 12/04/2025 12/04/2025 12/12/2025 151.56
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $151.56 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $10,752.06 Division 000 - Non-Div Totals Invoice Transactions 10 $10,752.06 Department 410 - Planning Totals Invoice Transactions 10 $10,752.06 Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.565 - Material & Suppl Office Supplies
10734 - Office Depot-Public Works Dept. 444431013002 Annex Paid by Check # 108315
11/03/2025 12/02/2025 12/02/2025 12/12/2025 17.25
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 9 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
28 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.565 - Material & Suppl Office Supplies
10734 - Office Depot-Public Works Dept. 445208062001 Corp Yard/Annex Paid by Check # 108315
11/06/2025 12/02/2025 12/02/2025 12/12/2025 71.94
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $89.19 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $89.19 Division 000 - Non-Div Totals Invoice Transactions 2 $89.19 Department 420 - Engineering Totals Invoice Transactions 2 $89.19 Fund 100 - General Fund Totals Invoice Transactions 98 $193,282.58 Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 10 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
29 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Nov 2025 56
113
Vista del Camino &
Reservation Rd 56 113
Paid by Check
# 108310
11/05/2025 12/02/2025 12/02/2025 12/12/2025 102.17
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $102.17 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $102.17 Division 000 - Non-Div Totals Invoice Transactions 1 $102.17 Department 000 - Non-Dept Totals Invoice Transactions 1 $102.17 Fund 220 - Gas Tax Totals Invoice Transactions 1 $102.17 Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 11 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
30 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 422 - Capital Projects - Measure X
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11847 - BKF Engineers 25111145 Slurry Seal and
Microsurfacing Street
Paid by EFT #
7043
11/21/2025 12/21/2025 12/01/2025 12/12/2025 26,822.25
11847 - BKF Engineers 25111144 Reconstruction and
Cape Seal Streets
Paid by EFT #
7043
11/21/2025 12/22/2025 12/01/2025 12/12/2025 57,391.25
11847 - BKF Engineers 25111143 Marina Pavement
Management Program
Paid by EFT #
7043
11/21/2025 12/02/2025 12/02/2025 12/12/2025 3,217.25
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $87,430.75 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $87,430.75 Division 000 - Non-Div Totals Invoice Transactions 3 $87,430.75 Department 000 - Non-Dept Totals Invoice Transactions 3 $87,430.75 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 3 $87,430.75 Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 12 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
31 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10425 - Monterey Peninsula Engineering 25-10-12 29 Imjin Parkway Widening Project
Paid by Check
# 108311
11/20/2025 12/04/2025 12/04/2025 12/12/2025 2,196,888.49 10425 - Monterey Peninsula Engineering 25-10-13 Glorya Jean Tate Park Phase 2
Paid by Check
# 108311
10/15/2025 12/12/2025 12/08/2025 12/12/2025 468,760.97
11084 - EMC Planning Group 24-074-12 24-074 Fort Ord Dunes State Park
Improvements -
November2025
Paid by Check
# 108302
11/30/2025 12/05/2025 12/05/2025 12/12/2025 3,213.40
11489 - Wallace Group, Inc. 66542 Sea Haven City Park Paid by Check # 108325
12/01/2025 01/01/2026 12/04/2025 12/12/2025 3,851.25
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 4 $2,672,714.11 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $2,672,714.11 Division 000 - Non-Div Totals Invoice Transactions 4 $2,672,714.11 Department 000 - Non-Dept Totals Invoice Transactions 4 $2,672,714.11 Fund 462 - City Capital Projects Totals Invoice Transactions 4 $2,672,714.11 Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 13 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
32 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11964 - Shute Mihaly & Weinberger LLP 294317 Airport - October 2025 Paid by EFT # 7061
11/24/2025 11/25/2025 11/25/2025 12/12/2025 3,399.84
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $3,399.84 Account 6300.570 - Prof Svc Other
10878 - Green Waste Recovery, Inc. 0008288779 Airport 30 yd roll off Paid by Check # 108305
08/01/2025 12/01/2025 12/01/2025 12/12/2025 939.23
11489 - Wallace Group, Inc. 66588 Airport Project
Management
Paid by Check
# 108325
12/01/2025 01/01/2026 12/01/2025 12/12/2025 968.75
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $1,907.98 Account 6360.050 - Maint & Repairs Building
10728 - Ace Hardware-Public Works 093071 Airport Key List materials
Paid by Check
# 108293
12/08/2025 12/30/2025 12/08/2025 12/12/2025 125.15
10035 - Ruth Maria Milla-Leon/Andersen's
Lock & Safe, Inc.

C46721 Airport Key Copies Paid by EFT #
7060
12/09/2025 12/09/2025 12/09/2025 12/12/2025 41.46
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 2 $166.61 Account 6360.280 - Maint & Repairs Habitat Management Svc 10250 - Gavilan Pest Control 0173958 Bldg 520 Squirrels Paid by Check # 108304
11/19/2025 12/09/2025 12/09/2025 12/12/2025 1,150.00
Account 6360.280 - Maint & Repairs Habitat Management Svc Totals Invoice Transactions 1 $1,150.00 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000024422446 AWOS-Auto Weather
Service (9391023449)
Paid by Check
# 108294
11/28/2025 01/05/2026 12/09/2025 12/12/2025 34.56
10758 - AT & T CALNET3 000024422440 Fire Alarms Hangar 524 & 533 (9391023443)
Paid by Check
# 108294
11/28/2025 01/05/2026 12/09/2025 12/12/2025 63.57
10758 - AT & T CALNET3 000024422441 Fire Alarms Hangar 524 & 533 (9391023444)
Paid by Check
# 108294
11/28/2025 12/09/2025 12/09/2025 12/12/2025 63.57
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 3 $161.70 Account 6400.231 - Material & Suppl Fuel - Aviation 100LL 12099 - Ascent Aviation Group Inc 1163348 100LL fuel Paid by EFT # 7041
12/02/2025 01/02/2026 12/09/2025 12/12/2025 32,150.88
Account 6400.231 - Material & Suppl Fuel - Aviation 100LL Totals Invoice Transactions 1 $32,150.88 Account 6400.232 - Material & Suppl Fuel - Aviation Jet A 12099 - Ascent Aviation Group Inc 1165756 Jet A Fuel Paid by EFT # 7041
12/05/2025 01/04/2026 12/09/2025 12/12/2025 23,117.76
Account 6400.232 - Material & Suppl Fuel - Aviation Jet A Totals Invoice Transactions 1 $23,117.76 Account 6400.800 - Material & Suppl Uniform
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110807712 Dave's Uniform and
First Aid
Paid by Check
# 108324
11/28/2025 12/10/2025 12/01/2025 12/12/2025 28.77
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $28.77 Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 14 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
33 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $62,083.54 Division 000 - Non-Div Totals Invoice Transactions 12 $62,083.54 Department 000 - Non-Dept Totals Invoice Transactions 12 $62,083.54 Fund 555 - Marina Airport Totals Invoice Transactions 12 $62,083.54 Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 15 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
34 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 557 - Abrams B NonProfit Corp
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.226 - Prof Svc Fin - Fees - Trustee
11250 - U.S. Bank 6711797700 Admin Fee-Abrams B
Apts Fin Series 2006
11/1/25-10/31/26
Paid by Check
# 108322
11/25/2025 12/11/2025 12/11/2025 12/12/2025 2,000.00
Account 6300.226 - Prof Svc Fin - Fees - Trustee Totals Invoice Transactions 1 $2,000.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,000.00 Division 000 - Non-Div Totals Invoice Transactions 1 $2,000.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $2,000.00 Fund 557 - Abrams B NonProfit Corp Totals Invoice Transactions 1 $2,000.00 Grand Totals Invoice Transactions 119 $3,017,613.15
Run by Melanie Hernandez on 12/11/2025 01:10:10 PM Page 16 of 16 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
35 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 758 - Successor Agency Oblig Retiremt
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6650.010 - ROPS #10-Financial, RE Advisory Svc
10315 - Keyser Marston Associates 0040319 Prof Srvcs (SA)- ROPS, staff report, oversight
board reso
Paid by EFT #
133
12/10/2025 12/11/2025 12/11/2025 12/12/2025 2,870.00
Account 6650.010 - ROPS #10-Financial, RE Advisory Svc Totals Invoice Transactions 1 $2,870.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,870.00 Division 000 - Non-Div Totals Invoice Transactions 1 $2,870.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $2,870.00 Fund 758 - Successor Agency Oblig Retiremt Totals Invoice Transactions 1 $2,870.00 Grand Totals Invoice Transactions 1 $2,870.00
Run by Melanie Hernandez on 12/11/2025 01:12:02 PM Page 1 of 1 Accounts Payable by G/L Distribution Report
Payment Date Range 12/12/25 - 12/12/25
36 Agenda Item: 10b(2)
City Council Meeting of
December 16, 2025

ACTION

MINUTES
Tuesday, December 2, 2025 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK

SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR

AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA

GROUNDWATER SUSTAINABILITY AGENCY
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

Council Chambers
211 Hillcrest Avenue
Marina, California
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) MEMBERS PRESENT: Jenny McAdams, Brian McCarthy, Kathy Biala, Mayor Pro- Tem/Vice Chair Liesbeth Visscher, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None

4. CLOSED SESSION:
a. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Light & Motion, 711 Neeson Road, Marina, CA Negotiating Party: Daniel Emerson
Negotiator(s): City Manager
Terms: Price and Terms
ii. Property: Locke-Paddon Park, various parcels, APN Nos.: 033-121-004, 033-121-005-006, 033-132-003, 033-132-003, 033-121-101, 033-121- 009, 033-121-002
Negotiating Party: Monterey Peninsula Regional Park District Negotiator(s): City Manager
Terms: Price and Terms
1 MINUTES for City Council Meeting of Tuesday, December 2, 2025 Page 2

6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION
City Attorney reported out Closed Session: Council provided direction, and with respect to item 4a(ii) voted to form a subcommittee, ad hoc subcommittee with respect to Loch Padden Park. that will consist of the Mayor and Councilmember McCarthy.

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

6. SPECIAL PRESENTATIONS:
a. Alyson Hunter Proclamation
b. Phil Angelo-Senior Planner-Introduction

7. COUNCIL AND STAFF ANNOUNCEMENTS:
• City Manager Long announced the Marina Tree Lighting this Friday at Vince DiMaggio Park starting at 6:00PM.
• Mayor Delgado announced there will be a community Winterfest and holiday meal on Sunday, December 21, 2025, from 1:00 -4:00pm at the Rocky Han Community Center .

Announced on Monday, December 8 th at 5:30 pm there will be a virtual community meeting on Zoom regarding MST Project construction impacting the California Coastal Trail. Zoom meeting ID: 972 710 54526.
• Fire Chief McCoun announced this Saturday the Marina Police Department is going to escort Santa Claus around the town in our fire engine, so listen for the sirens. • Councilmember McCarthy announced yesterday was World Aids Day, a day where we remember lives lost to HIV and AIDS.
• Mayor Pro Tem Visscher announced Marina Police Department is still collecting toys for the toy drive. Until December 8th, Monday through Friday, 8am till 4pm Toys can be dropped off here at the police department to 211 Hillcrest Ave. • Councilmember McAdams made comments on the Thanksgiving Meal and thanked Kona Jerry and the Shake family for the donations and the DJ for each event he shows up to.

Noted if you wanted a map of where Santa is going , you can find it on the Marina Foundation website or their Facebook page.

• Denise Turley commented on agenda item 10g(2) regarding the extension of Greystar’s management contract. Still lacking several things to make the partnership between the city Greystar and the Tenants Association palatable. Need to figure out how to communicate more effectively.
• Linda commented on agenda item 10g(2) and the need for annual performance audits. Spoke about her units remodel being substandard and there is lots of room for improvements in the management of the units out here.

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGE NCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non -controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

10. CONSENT AGENDA: These items are considered to be routine and non-controversial. All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 108151-108247, totaling $2,455,549.15. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) November 18, 2025, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 202 5-130, approving regular City Council meeting schedule for 2026 Calendar Year.
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2025-131, adopting an MOU between the City and the Marina Police Officers Association (POA); authorizing the City Manager to execute the MOU; and authorizing the amendments to the City salary schedule for Fiscal Years 2025-26 and 2026-27. (2) Adopting Resolution No. 2025 - and Resolution No. 2025 - (NPC), approving Amendment No. 7 to the Amended Management Agreement Between City of Marina, City of Marina Abrams B Non -Profit Corporation, and Greystar California, Inc. for Abrams B Housing Area; 3 MINUTES for City Council Meeting of Tuesday, December 2, 2025 Page 4

and a dopting Resolution No. 2025 -133 and Resolution No. 2025 -04 (PPSC-NPC), approving Amendment No. 7 to the Amended
Management Agreement Between City of Marina, City of Marina Preston Park Sustainable Community Non -Profit Corporation, and Greystar California, Inc. for Preston Park Housing Area . Pulled by Mayor Pro Tem, becomes agenda item 13c
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Adopting Resolution No. 2025 -132, receiving and filing the fiscal year 2024-2025 annual report on the collection and use of mitigation fees for new development impacts.
(2) Adopting Resolution No. 2025 -133, receiving and filing the 2025 Information Report on the adjustment of mitigation fees for new development.
(3) Consider adopting and issuing this report on the measures taken following adoption of Interim Urgency Ordinance No. 2025 -17 establishing a temporary, 45 -day moratorium to prohibit the establishment and operation of new firearm and ammunition sales businesses.
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS:
(1) Adopting Resolution No. 2025 -, approving Mayor’s 2026 recommendation for Mayor Pro Tem and City Council member assignments to various Committees/Commissions/Boards. Pulled by Councilmember McAdams, becomes agenda item 13d
Councilmember McAdams commented on agenda item 10g(1) and 10g(2) and requested to pull 10m(1)
Mayor Pro Tem requested to pull agenda item 10g(2) for discussion Mayor Delgado has a small question for agenda time 10f(1). Asked if the dates for September were correct in the resolution.

Staff noted that there was an error in the resolution for agenda item 10f(1) and line #7 should be stricken from the resolution.

DELGADO/MCADAMS: TO APPROVE THE CONSENT AGENDA MINUS 10g(2) AND 10m(1) AND TO STRIKE LINE #7FROM THE RESOLUTION IN 10f(1) . 5-0-0-0 Motion Passes.

a. Adopting Resolution No. 2025 -134, accepting and agreeing to the modifications made by the California Coastal Commission ( CCC) at its November 7, 2025, meeting to the City’s Coastal Hazards and Sea Level Rise Local Coastal Program ( LCP) amendment approved by the City Council on January 22, 2025. The proposed amendment is not subject to environmental review per Public Resources Code (PRC), Division 13, § 21080.9 and § 15251 of the CEQA Guidelines.

Presented by Alyson Hunter
Public Comments: None received.

Discussion on whether Monterey Peninsula Water Supply Project (MPWSP) is considered coastal dependent. Spoke on the three existing and or permitted facilities listed in the staff report.

When does the city start the monitoring process for triggers and exhausting other armoring options, is that specifically in writing.

BIALA/VISSCHER: TO ADOPT RESOLUTION NO. 2025 -134, ACCEPTING AND

AGREEING TO THE MODIFICATIONS MADE BY THE CALIFORNIA COASTAL COMMISSION (CCC) AT ITS NOVEMBER 7, 2025, MEETING TO THE CITY’S

COASTAL HAZARDS AND SEA LEVEL RISE LOCAL COASTAL PROGRAM (LCP) AMENDMENT APPROVED BY THE CITY COUNCIL ON JANUARY 22, 2025. THE

PROPOSED AMENDMENT IS NOT SUBJECT TO ENVIRONMENTAL REVIEW PER PUBLIC RESOURCES CODE (PRC), DIVISION 13, § 21080.9 AND § 15251 OF THE CEQA GUIDELINES. 5-0-0-0 Motion Passes

b. Opening a public hearing and r eading by title only Ordinance 2025 -19, amending Section 10.40.040 of Chapter 10.40 of Title 10 of the Marina Municipal Code to add subsection 10.40.040.K to implement parking restriction consistent with AB 413; and consider a dopting Resolution No. 2025-135, amending the City parking schedule pursuant to California Vehicle Code Section 40203.5(a) ; and f ind these actions are exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines.

Presented by Commander Cox
Public Comments: None received.

MCADAMS/MCCARTHY: TO APPROVE READING BY TITLE ONLY ORDINANCE 2025-19, AMENDING SECTION 10.40.040 OF CHAPTER 10.40 OF TITLE 10 OF THE MARINA MUNICIPAL CODE TO ADD SUBSECTION 10.40.040.K TO IMPLEMENT PARKING RESTRICTION CONSISTENT WITH AB 413; AND CONSIDER ADOPTING RESOLUTION NO. 2025 -135, AMENDING THE CITY PARKING SCHEDULE PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 40203.5(A);

AND F IND THESE ACTIONS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15061(B)(3) OF THE CEQA GUIDELINES ; AND POLICE DEPARTMENT TO IDENTIFY AREAS THAT

ARE FREQUENTLY VIOLATED AND PROVIDE THAT INFORMATION TO PUBLIC WORKS FOR PUBLIC WORKS TO IDENTIFY THOSE THAT CAN BE PAINTED. 5-0- 0-0 Motion Passes by Roll Call Vote
5 MINUTES for City Council Meeting of Tuesday, December 2, 2025 Page 6

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Ordinance No. 2025 -20, approving the third amendment to the Sea Haven Development Agreement to transfer the responsibility for the construction of Sea Haven Park from the developer (Trumark Companies, LLC) to the City of Marina and find the project is consistent with the Environmental Impact Report (Sch No.2003021012) certified for the Marina Heights (Sea Haven) Specific Plan.”
Presented by Ismael Hernandez
Public Comments:
• Denise Turley spoke about a common confusion about the parks and who they are open to.

This park will be open to all public, it is not exclusive to Sea Haven.

DELGADO/BIALA: TO APPROVE ORDINANCE NO. 2025 -20, APPROVING THE

THIRD AMENDMENT TO THE SEA HAVEN DEVELOPMENT AGREEMENT TO

TRANSFER THE RESPONSIBILITY FOR THE CONSTRUCTION OF SEA HAVEN

PARK FROM THE DEVELOPER (TRUMARK COMPANIES, LLC) TO THE CITY OF

MARINA AND FIND THE PROJECT IS CONSISTENT WITH THE
ENVIRONMENTAL IMPACT REPORT (SCH NO.2003021012) CERTIFIED FOR THE MARINA HEIGHTS (SEA HAVEN) SPECIFIC PLAN.” . 5 -0-0-0 Motion Passes by Roll Call Vote

b. Adopting Resolution No. 2025 -136, d esignating City Hall (211 Hillcrest) and Permit Center (209 Cypress) as “No Parking Areas” between the hours of 1 am and 6 am and placing appropriate signs approved by the City Engineer as authorized by Marina Municipal Code Section 10.40.150; and f inding these actions are exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines.

Presented by Guido Persicone
Public Comments: None received
DELGADO/MCCARTHY: TO APPROVE RESOLUTION NO. 2025 -136,
DESIGNATING CITY HALL (211 HILLCREST) AND PERMIT CENTER (209 CYPRESS) AS “NO PARKING AREAS” BETWEEN THE HOURS OF 1 AM AND 6 AM

AND PLACING APPROPRIATE SIGNS APPROVED BY THE CITY ENGINEER AS AUTHORIZED BY MARINA MUNICIPAL CODE SECTION 10.40.150; AND F INDING

THESE ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15061(B)(3) OF THE CEQA GUIDELINES. 5-0- 0-0 Motion Passes
6 MINUTES for City Council Meeting of Tuesday, December 2, 2025 Page 7

c. Adopting Resolution No. 2025 -137, approving Mayor’s 2026 recommendation for Mayor Pro Tem and City Council member assignments to various Committees/Commissions/Boards. Pulled by Mayor Delgado, was agenda item 10m(1)
Mayor Delgado made the following changes to the 2026 Council Assignment:

Mosquito Abatement District: Jenny McAdams
Association of Monterey Bay Area Government: Brian McCarthy as Member and Jenny McAdams as Alternate
Transportation Agency of Monterey County: Liesbeth Visscher as 1 st Alternate and Jenny McAdams as 2nd Alternate
Monterey County Convention and Visitors Bureau: Kathy Biala as Alternate and to change name to “See Monterey”
DELGADO/BIALA: TO APPROVE RESOLUTION NO. 2025 -137, APPROVING MAYOR’S 2026 RECOMMENDATION FOR MAYOR PRO TEM AND CITY COUNCIL

MEMBER ASSIGNMENTS TO VARIOUS COMMITTEES/COMMISSIONS/BOARDS WITH THE NOTED AMENDMENTS LISTED. 5-0-0-0 Motion Passes

d. Adopting Resolution No. 2025 -138 and Resolution No. 2025 -03 (NPC), approving Amendment No. 7 to the Amended Management Agreement Between City of Marina, City of Marina Abrams B Non -Profit Corporation, and Greystar California, Inc. for Abrams B Housing Area; and adopting Resolution No. 2025- 139 and Resolution No. 2025 -04 (PPSC-NPC), approving Amendment No. 7 to the Amended Management Agreement Between City of Marina, City of Marina Preston Park Sustainable Community Non -Profit Corporation, and Greystar California, Inc. for Preston Park Housing Area . Pulled by Mayor Pro Tem, was agenda item 10g(2)
Presented by Tori Hannah
VISSCHER/MCCARTHY: TO APPROVE RESOLUTION NO. 2025 -138 AND RESOLUTION NO. 2025 -03 (NPC), APPROVING AMENDMENT NO. 7 TO THE

AMENDED MANAGEMENT AGREEMENT BETWEEN CITY OF MARINA, CITY OF

MARINA ABRAMS B NON -PROFIT CORPORATION, AND GREYSTAR
CALIFORNIA, INC. FOR ABRAMS B HOUSING AREA; AND ADOPTING RESOLUTION NO. 2025 -139 AND RESOLUTION NO. 2025 -04 (PPSC -NPC), APPROVING AMENDMENT NO. 7 TO THE AMENDED MANAGEMENT

AGREEMENT BETWEEN CITY OF MARINA, CITY OF MARINA PRESTON PARK

SUSTAINABLE COMMUNITY NON -PROFIT CORPORATION, AND GREYSTAR CALIFORNIA, INC. FOR PRESTON PARK HOUSING AREA. 5-0-0-0 Motion Passes

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado]

Mayor Delgado announced that the Mayor Association meeting was held at The Brass Tap, discussion by Assistant Administrative officer on county cut out from the budget all unoccupied, all vacant positions.
7 MINUTES for City Council Meeting of Tuesday, December 2, 2025 Page 8

b. Council reports on meetings and conferences attended ( Gov’t Code Section 53232).

Mayor announced that he and Mayor Pro Tem attended a tour of the MST Surf Project construction site. Will be biggest bus station in the county. MST plans to install a Krail-type concrete barrier permanently alongside the bike path, the recreation trail that goes under the freeway, the underpass, and goes out to the beach . Suggested putting murals on the K -rails and MST indicated the Caltrans specs are tight. Made contact with John Laird and Don Addis regarding this and email were sent immediately to Caltrans.

15. ADJOURNMENT: The meeting adjourned at 9:43 P.M.

Anita Sharp, Deputy City Clerk
ATTEST:

Bruce C. Delgado, Mayor
8 November 19, 2025 Item No. 10d(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 16, 2025

CITY COUNCIL C ONSIDER ADOPTING RESOLUTION NO. 2025-,

AWARDING A CONSTRUCTION CONTRACT FOR THE MARINA

MUNICIPAL AIRPORT CAPITAL IMPROVEMENT PROJECT TAXI LANE

REHABILITATION - CONSTRUCTION PHASE PROJECT TO GRANITE

ROCK COMPANY FOR THE GRAND TOTAL BID IN THE AMOUNT OF
$570,00.00; AUTH ORIZING THE CITY MANAGER TO EXECUTE

CONTRACT DOCUMENTS SUBJECT TO FINAL REVIEW AND
APPROVAL BY THE CITY ATTORNEY; AUTHORIZING AN ADDITIONAL 10% OF THE CONTRACT AMOUNT FOR CONSTRUCTION

CONTINGENCIES AND AUTHORIZING CITY MANAGER TO EXECUTE

ALL CONSTRUCTION CHANGE ORDERS ON BEHALF OF THE MARINA
MUNICIPAL AIRPORT; AND AUTH ORIZING THE FINANCE DIRECTOR

TO MAKE NECESSARY ACCOUNTING AND BUGETARY ENTRIES

REQUEST:

It is requested that the City Council consider adopting Resolution No. 2025- :

1. Awarding a construction contract for the Marina Municipal Airport Capital Improvement project- Taxi Lane Rehabilitation - Construction Phase to Granite Rock Company for the grand total bid in the amount of $570,00.00;

2. Authorizing the City Manager to execute contract documents, EXHIBIT A, subject to final review and approval by the City Attorney;

3. Authorizing the City Manager or designee to expend up to an additional 10% of the contract amount for potential construction contingencies and to execute all construction change orders on behalf of the City; and

4. Authorizing the Finance Director to make necessary accounting and budgetary entries.

BACKGROUND:

The Marina Municipal Airport Taxilane Rehabilitation Project has been a long -standing priority within the City’s airport planning and pavement management programs. Since acquiring the airport in 1995, the City has systematically rehabilitated major airfield pavements as funding became available. The south taxilane extending from Taxiway A remains the last original airfield pavement section that has not yet received any rehabilitation treatment. This taxilane is a critical access route serving two major airport tenants—CIRPAS and Joby Aviation—and its deterioration over time has made rehabilitation both essential and time-sensitive.

In accordance with the Airport Pavement Management Plan, the project was placed on the Airport Capital Improvement Plan (ACIP) more than five years ago. It has remained continuously listed as a priority for FAA Airport Improvement Program (AIP) funding. Staff prepared and submitted a revised five-year ACIP in early 2024, which the City Council formally accepted through Resolution No. 2024 -10 on April 6, 2024. This action reaffirmed the taxilane rehabilitation as the next scheduled ACIP project.
1 Following ACIP approval, the Federal Aviation Administration awarded the City an AIP design grant in 2023 to fund preliminary engineering for the project. The City subsequently entered into a design agreement and issued a service order to Tartaglia Engineering, the Airport’s on -call engineering consultant. The consultant completed environmental compliance, topographic surveying, civil design plans, specifications, engineer’s cost estimates, and the Engineer’s Design Report. Upon completing the design phase, staff returned to Council for authorization to proceed with the public bidding process.

On June 25, 2025, three sealed bids were received and publicly opened for the construction phase of the Taxilane Rehabilitation Project. Granite Rock Construction Company submitted the lowest responsible and responsive bid in the amount of $570,000, consistent with the approved engineers’ estimate and project scope.

To support construction, the Marina Municipal Airport has been awarded Federal Airport Improvement Program (AIP) Grant No. 3 -06-0367-021-2025 in the amount of $721,525. The construction cost of $570,000 is fully reimbursable under this grant and will be funded through Airport Enterprise Fund Project Number EDR2613.

With the completion of design, competitive bidding, and award of federal construction funding, the project is now ready to advance to the construction phase pending City Council approval of the construction contract with Granite Rock Construction Company.

ANALYSIS:

On June 25, 2025, three (3) sealed bids were received, opened, and publicly read in person for the project. Following is the tabulation of bids received:

Name of Company and
Address

Base Bid

Grand Total Bid
Granite Rock Co.

San Jose, CA

$570,000.00

$570,000.00
Monterey Peninsula
Engineering
Marina, CA

$828,160.00

$828,160.00
Coastal Paving &
Excavating

$613,790.00

The Engineer’s Opinion of Probable Construction Cost for this project is$ 693,140.00 for the base bid.

The submitted bids were reviewed and all three were determined to be responsive. The lowest responsive bidder, Granite Rock Company, is based in San Jose, California. This project will be the Airport’s first time contracting with this firm.

Project Overview
The project consists of rehabilitating approximately 1,700 feet of taxilane south of Taxiway B.

Work includes pavement grinding, construction of a variable-thickness asphalt pavement overlay, and installation of new pavement markings.

Major Work Elements

1. Compliance with all airfield safety and security requirements.

2. Implementation of construction site environmental compliance measures. 2 3. Variable- and uniform-thickness pavement grinding.

4. Placement of a variable-thickness hot-mix asphalt overlay (average thickness of 2 inches).

5. Application of required pavement markings.

FISCAL IMPACT:

The total cost of the Taxi Lane Rehabilitation construction phase is $570,000, based on the lowest responsive and responsible bid submitted by Granite Rock Construction Company.

The Marina Municipal Airport has been awarded a Federal Airport Improvement Program (AIP) Grant (AIP Grant No. 3 -06-0367-021-2025) in the amount of $721,525. Th e project cost of $570,000 is reimbursable and will be funded through Airport Enterprise Fund Project Number EDR2613.

The project will be reimbursed as follows:
• Federal FAA AIP Grant (95%) – approximately $541,000
• State Match Grant (5%) – approximately $27,075
• City of Marina Match (0.25%), funded by the Airport Fund – approximately $1,425

EXHIBITS

Exhibit A- Draft Agreement

Respectfully submitted,

_______________________
Adarian “AJ” Lawson
Airport Services Manager
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne Long
City Manager
City of Marina

3 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AWARDING A

CONSTRUCTION CONTRACT FOR THE MARINA MUNICIPAL AIRPORT CAPITAL

IMPROVEMENT PROJECT TAXILANE REHABILITATION - CONSTRUCTION

PHASE PROJECT TO GRANITE ROCK COMPANY FOR THE GRAND TOTAL BID IN THE AMOUNT OF $570,00.00; AND AUTHRIZING THE CITY MANAGER TO

EXECUTE CONTRACT DOCUMENTS SUBJECT TO FINAL REVIEW AND
APPROVAL BY THE CITY ATTORNEY; AND AN ADDITIONAL 10% OF THE

CONTRACT AMOUNT FOR CONSTRUCTION CONTINGENCIES AND TOL

EXECUTE ALL CONSTRCUTION CHANGE ORDERS ON BEHALF OF THE MARINA MUNICIPAL AIRPORT; AND AUTHRIZING THE FINANCE DIRECTOR TO MAKE

NECESSARY ACCOUNTING AND BUGETARY ENTRIES

WHEREAS, staff has prepared a revised five (5) year Airport Capital Improvement Plan (ACIP) for Federal Aviation Administration (FAA) grant -funded airport improvement projects, attached hereto as Exhibit “A”; and

WHEREAS, the taxilane rehabilitation project identified in the 2023 and 2024 ACIP represents the only remaining airfield pavement that has not received any rehabilitation since the City acquired the airport in 1995; and

WHEREAS, rehabilitation of the taxilane is essential to ensure the safe, long-term use and functionality of this airfield element; and

WHEREAS, rehabilitation of the taxilane at this time is consistent with the Airport Pavement Management Plan; and

WHEREAS, the taxilane rehabilitation has been included in the Airport Capital Improvement Plan for the past five years and is scheduled to be accomplished at this time; and

WHEREAS, the existing taxilane extending south from the parallel Taxiway A, shown on Exhibit “B”, provides critical airfield access to two major airport tenants—CIRPAS and Joby Aviation; and

WHEREAS, staff will return to the City Council seeking acceptance of construction documents and authorization to proceed with the public bidding process for the construction of the Taxilane Rehabilitation Project at the appropriate time; and

WHEREAS, directing staff to proceed with design of the taxilane improvements signifies the City’s commitment to undertake the larger, grant -funded construction effort in accordance with the FAA grant program and upon completion of design; and

WHEREAS, the City of Marina has received an FAA Airport Improvement Program (AIP) grant offer in the amount of $133,200 for the design phase of the project; and

WHEREAS, Tartaglia Engineering, previously selected as the Airport’s on -call engineering services consultant, will be engaged through a service order in the amount of $134,000 to provide environmental review, topographic survey, civil design, construction contract documents, technical specifications, an engineer’s estimate, and an Engineer’s Design Report; and

WHEREAS, the total project design cost is $148,000, consisting of $134,000 for consultant -provided design services and $14,000 for City staff management, with anticipated funding sources including the FAA grant ($133,200; 90%), a Caltrans match grant of up to $6,660 (5% of the FAA amount), and City/Airport participation of $8,140, with a maximum potential City/Airport obligation of $14,800 if Caltrans match funds are not fully awarded; and
4 Resolution No. 2025-
Page Two

WHEREAS, on April 6, 2024, the City Council adopted Resolution No. 2024 -10, accepting and authorizing submission of the revised 5-year ACIP for FAA-funded airport improvement projects; and

WHEREAS, the City Council subsequently approved the FAA grant agreement for the AIP 2023 designated project, “Rehabilitate Taxilane – Design Only,” in the amount of $133,200, and authorized staff to proceed with the public bidding process for the Marina Municipal Airport Taxilane Rehabilitation Project; and

WHEREAS, on June 25, 2025, three (3) sealed bids were received, opened, and publicly read for construction of the project, with the following results:
• Granite Rock Company, San Jose, CA – $570,000.00 (Base and Grand Total Bid) • Monterey Peninsula Engineering, Marina, CA – $828,160.00 (Base and Grand Total Bid) • Coastal Paving & Excavating, Monterey, CA – $613,790.00 (Base and Grand Total Bid);

WHEREAS, the Marina Municipal Airport has been awarded a Federal Airport Improvement Program (AIP) Grant (AIP Grant No. 3-06-0367-021-2025) in the amount of $721,525, and the project construction cost of $570,000 is fully reimbursable through this grant and will be funded through Airport Enterprise Fund Project Number EDR2613; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby approve:

1. Awarding a construction contract for the Taxilane Rehabilitation Construction Phase to Granite Rock Company of San Jose, California, for the grand total bid amount of $570,000.00, and accepting said bid as the lowest responsive and responsible bid for the Marina Municipal Airport Taxilane Rehabilitation Project.

2. Authorizes the City Manager, or designee, to execute a construction contract with Granite Rock Company in the amount of $570,000.00, and to approve change orders up to the established project contingency; and

3. Authorizes staff to proceed with construction administration, grant compliance, and all actions necessary to complete the project in coordination with the Federal Aviation Administration and Caltrans Division of Aeronautics.

4. Authorize the Finance Director to undertake all accounting and budgetary adjustments necessary to carry out the intent of this resolution

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 2nd day of December 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

______________________________
Bruce C. Delgado, Mayor
ATTEST:

______________________________
Anita Sharp, Deputy City Clerk
5 TAXILANE REHABILITATION

Page 1 of 8 ends

CITY OF MARINA

CALIFORNIA

AGREEMENT
THIS AGREEMENT, made and entered into this ________ day of _______________, 2025, by and between Marina, a municipal corporation of the State of California, hereinafter called "City," and Granite Rock Company of San Jose, California, hereinafter called "Contractor," W I T N E S S E T H:

TAXILANE REHABILITATION
FIRST: Contractor hereby covenants and agrees to furnish and provide all labor, materials, tools, appliances, equipment, plant and transportation, and all other things required or necessary to be furnished, provided or done, and build, erect, construct and complete the work at the time and in the manner provided, and in strict accordance with the plans and specifications therefore, for the TAXILANE REHABILITATION PROJECT, AT THE MARINA MUNICIPAL AIRPORT adopted by the Council of the City of Marina on __ ________________________________, 2025 and identified by the signature of Contractor the signature of the Mayor of the City of Marina.

SECOND: It is expressly understood and agreed that this contract consists of the following documents, all of which are incorporated into this agreement and made a part hereof as fully and completely as if set forth herein verbatim, to wit:

A. Notice Inviting Sealed Proposals;
B. Information to Bidders;
C. The contents of the project specification booklet including Technical Specifications and Appendix A through C;
D. Signed and executed Bid and Proposal of Contractor, as accepted by City; E. Project Plans: a 13-sheet set of drawings, prepared by Tartaglia Engineering, April, 2025; F. Advisory Circular 150/5370-2G, Operational Safety on Airports During Construction; G. The General Wage Decision - Davis Bacon Wage Rate Requirements; H. FAA General Provisions;
I. FAA Contract Provisions;
J. Addendum 1;
K. And this Agreement.

THIRD: That said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work embraced and contemplated in this Agreement and as set forth in the Proposal adopted by the City of Marin a, a true copy thereof hereto attached, also, for all loss or damage arising out of the nature of said work, or from the action of the elements or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until the acceptance thereof by the City of Marina and for all risk connected with the work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the said Plans and Specifications and the provisions of this Agreement, and the requirements of the Engineer under them, to wit: The prices as set forth in the Proposal of said Contractor for the work to be constructed and completed under this Agreement, which prices shall be considered as though repeated herein.

EXHIBIT A
6 TAXILANE REHABILITATION

Page 2 of 8 ends

The undersigned Contractor further agrees to so plan the work and to prosecute it with such diligence that said work, and all of it, shall be completed on or before the expiration of the time specified in the Specifications after execution of the contract on behalf of the City of Marina and the receipt from the City of Marina of a notice to proceed with the work.

FOURTH: The City of Marina hereby promises and agrees with said Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Specifications; and the said parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to t he full performance of the covenants herein contained.

FIFTH: No interest in this agreement shall be transferred by the Contractor to any other party, and any such transfer shall cause the annulment of this contract, so far as the City of Marina is concerned. All rights of action, however, for any breach of this contract are reserved to City.

SIXTH: Contractor shall keep harmless and indemnify the City of Marina, its officers and employees and agents, from all loss, damage, cost or expense that arises or is set up for infringement of patent rights of anyone for use by the City of Marina, its officers, employees or agents, of articles supplied by the Contractor under this contract, of which he is not entitled to use or sell. Contractor agrees to, at his own cost and expense, defend in court the City, its officers, agents and employees, in any action which may be commenced or maintained against them or any of them, on account of any claimed infringement of patent rights, arising out of this agreement.

SEVENTH: The Contractor agrees to immediately repair and replace all defective material and workmanship discovered within one year after acceptance of final payment by Contractor and to indemnify said City of Marina against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Provided, however, that if such failure of the Contractor to perform should not, by reasonable diligence, be discoverable or discovered within said one year, then the obligation of the Contractor to repair and replace said defective material or workmanship shall continue until one year after the actual discovery thereof.

EIGHTH: The Contractor agrees at all times during the progress of the work to carry with insurance carriers approved by the City of Marina full coverage workmen's compensation and public liability insurance in the form and to the extent called for in Section 7-1.12 of the Standard Specifications, State of California, as last revised. Such insurance policy shall contain an endorsement that the same shall not be canceled nor the amount of coverage be reduced until at least 30 days after receipt by the City of Marina by certified or registered mail of a written notice of such cancellation or reduction in coverage.

NINTH: Contractor agrees to comply with all applicable federal, state and municipal laws and regulations, including but not limited to California Labor Code Division 2, Part 7, Chapter 1.

TENTH: Award of contract amount = $570,000.00. Scope of work in award include s one Bid Schedule.

EXHIBIT A
7 TAXILANE REHABILITATION

Page 3 of 8 ends

IN WITNESS WHEREOF, City has caused this instrument to be executed and its corporate name and seal to be hereunto attached by its Mayor, pursuant to resolution theretofore duly adopted by the Council of the City of Marina, and Contractor has caused this instrument to be executed, the day and year first herein above written.

MARINA, a municipal corporation

BY ____________________________
City Manager
ATTEST:

_______________________________
City Clerk

_______________________________

_______________________________
Contractor

I hereby approve the form of the foregoing contract this ________ day of ____________________, 2025.

_______________________________
Attorney for the City of Marina

Checked by the City Engineer on ________________

_________________________________
City Engineer

EXHIBIT A
8 TAXILANE REHABILITATION

Page 4 of 8 ends

ATTACHMENT 1

During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:

1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter,"DOT") Title 49, Code of Federal Regulations, Part 21,as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equi pment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by t he sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.

Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or
b. cancellation, termination, or suspension of the contract, in whole or in part.

6. Incorporation of Provisions: The Contractor shall include the provisions of Paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take suc h action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interested of the United States.

EXHIBIT A
9 TAXILANE REHABILITATION

Page 5 of 8 ends

LABOR AND MATERIAL BOND

KNOW ALL MEN BE THESE PRESENTS; THAT, WHEREAS, the City Council of the City of Marina, Monterey County, State of California, on this _____________ day of ______________ 2025, has awarded to Granite Rock Company, hereinafter designated as the "Principal," a contract for

TAXILANE REHABILITAITON

WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, provendor or other supplies or teams used i n, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth;

NOW, THEREFORE, WE, the Principal and ______________________________________ as Surety, are held and firmly bound unto the City of Marina, Monterey County, California, in the penal sum of _____________________________________________ ($__________________) Dollars, lawful money of the United States, being not less than one hundred (100) percent of the estimated contract cost of the work, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors or administrators, successors or assigns, shall fail to pay for any materials, provisions, provendor, or other supplies or teams used in, upon, for or about the p erformance of the work contracted to be done, or for any work or labor thereon of any respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I, of the Government Code of the State of California, and provided that the persons, companies or other supplies, teams, appliances or power used in, upon, for or about the performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring teams or implements or machinery or po wer for or contributing to said work to be done, or any person who performs work or labor upon same, or any person who supplies both work and materials therefore, shall have compiled with the provisions of said Government Code, then said Surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay in exceeding the amount herein above set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court, awarded and taxed as in the above-mentioned Code provided.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said Government Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shell in any wise affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

EXHIBIT A
10 TAXILANE REHABILITATION

Page 6 of 8 ends

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this _________________ day of ___________, 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

________________________________________

(Corp Seal) ________________________________________

________________________________________

________________________________________
Principal

By______________________________________

(Corp Seal) ________________________________________

________________________________________

________________________________________
Surety

By______________________________________

EXHIBIT A
11 TAXILANE REHABILITATION

Page 7 of 8 ends

BOND OF FAITHFUL PERFORMANCE

KNOW ALL MEN BE THESE PRESENTS; THAT, WHEREAS, the City Council of the City of Marina, Monterey County, State of California, on this ________day of____________________ 2025, has awarded to Granite Rock Company, hereinafter designated as the "Principal," a contract for constructing

TAXILANE REHABILITAITON

WHEREAS, said Principal is required under the terms of said contract to furnish a Bond for the faithful performance of said contract;

Now, therefore, We, the Principal and _____________________________________________ __________________________________________________________________________ as Surety, are held and firmly bound unto the City of Marina, Monterey County, California, in the penal sum of _________________________________($_______________) Dollars, lawful money of the United States, being not less than the estimated contract cost of the work, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, a nd shall indemnify and save harmless the City of Marina its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of the said contract the above obligation in the amount of not less than ten (10) percent of the estimated contract cost, shall hold good for a period of one (1) year after the completion and acc eptance of the said work, during which time if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns shall fail to make full complete and satisfactory repair and replacements or totally protect the said City of Mar ina from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the amount of not less than ten (10) percent of the estimated contract cost shall be void.

However, nothing in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any oblig ation of the Principal remains. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration and addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

EXHIBIT A
12 TAXILANE REHABILITATION

Page 8 of 8 ends

IN WITNESS WHEREOF the above bounden parties have executed this instrument under their seals this __________ day of __________ 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

________________________________

(Corp Seal) ________________________________

________________________________

________________________________
Principal

BY______________________________

(Corp Seal) ________________________________

________________________________

________________________________
Surety

BY______________________________

EXHIBIT A
13 December 9, 2025 Item No. 10e(1)
Honorable Mayor and Members City Council Meeting of
of the Marina City Council December 16, 2025
RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO. 20 25-,

APPROVING ADVERTISING AND CALL FOR BIDS FOR THE SEA HAVEN

COMMUNITY PARK PROJECT
RECOMMENDATION: It is recommended that the City Council consider:

1. Adopting Resolution No. 2025-, approving advertising and call for bids for the Sea Haven Community Park Project.

BACKGROUND:

On December 8, 2021, an on-site Marina community engagement workshop was held to ask local youth what they want to see in new playground equipment. Marina Youth and Teen Center members, as well as members of the Youth Commission, participated. Participant feedback trended toward taller and faster slides, multiple swing options, climbers, use of natural materials, and more inclusive play options.

On February 27, 2023, another on-site Marina community engagement workshop was held to receive input on future playground options. There were 36 participants between the ages of 5-12.

Feedback from this workshop was congruent with the previous workshop. Feedback trended toward taller structures, faster slides, swing options, and climbing options. This group also requested spinners and music options.

At the regular meeting of June 18, 2024,
the City Council adopted Resolution No. 2024-72,
approving the Sea Haven Community Park Playground Design as presented at that meeting.

At the regular meeting of August 7, 2024, the City Council adopted Resolution No. 2024-93, authorizing the City Manager to enter into an agreement with Kompan California, Inc. for the purchase and installation of playground equipment and surface materials for Sea Haven Park.

At the regular meeting of February 4, 2025, the City Council adopted Resolution No. 2025-11, receiving an update on the Park Design and costs as well as allocating an additional $1.8 million of Public Facility Impact Fees.

Initially, the Sea Haven developer was required to build the playground with the developer contributing $2.1 million and the city would fund the remainder of the park. On November 18, 2025, City Council approved the city taking over responsibility to construct the park.

ANALYSIS:

The final bid documents for the design approved by Council is now completed. The project will include all elements as proposed in the final
design to the base bid excluding 4 of the 8 pickleball
courts. The remaining 4 courts will be included in the project bid documents as an optional additive bid item.
1 FISCAL IMPACT:

There is no fiscal impact to calling for bids. The current budget for this project is approximately $6.2 million. The project’s budget is funded through Parks Impact Fees and Developer contributions of $2.1 million.

CONCLUSION:

This request is submitted for City Council consideration and possible action.

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

____________________________
Ismael Hernandez
Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2025-

ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING ADVERTISING AND CALL FOR BIDS FOR THE

SEA HAVEN COMMUNITY PARK PROJECT

WHEREAS, on December 8, 2021, an on-site Marina community engagement workshop was held to ask local youth what they want to see in new playground equipment. Marina Youth and Teen Center members, as well as members of the Youth Commission participated. Participant feedback trended toward taller and faster slides, multiple swing options, climbers, use of natural materials, and more inclusive play options.

WHEREAS, on February 27, 2023, another on -site Marina community engagement workshop was held to receive input on future playground options. There were 36 participants between the ages of 5 -12.

WHEREAS, at the regular meeting of June 18, 2024, the City Council adopted Resolution No. 2024 -72, approving the Sea Haven Community Park Playground Design as presented at that meeting.

WHEREAS, at the regular meeting of August 7, 2024, the City Council adopted Resolution No. 2024-93, authorizing the City Manager to enter into an agreement with Kompan California, Inc. for the purchase and installation of playground equipment and surface materials for Sea Haven Park.

WHEREAS, at the regular meeting of February 4, 2025, the City Council adopted Resolution No. 2025 - 11, receiving an update on the Park Design and costs as well as allocating an additional $1.8 million of Public Facility Impact Fees.

WHEREAS, the final bid documents for the design approved by Council is now completed. The project will include all elements as proposed in the final design to the base bid excluding 4 of the 8 pickleball courts. The remaining 4 courts will be included in the project bid documents as an optional additive bid item.

WHEREAS, there is no fiscal impact to calling for bids. The current budget for this project is approximately $6.2 million. The project’s budget is funded through Parks Impact Fees and Developer contributions.

WHEREAS, the project is ready for advertisement.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby approve advertising and call for bids for the Sea Haven Community Park Project.

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Marina, duly held on the 16th day of December 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

____________________________
Anita Sharp, Deputy City Clerk
3 EXHIBIT A TO STAFF REPORT
4 December 3, 2025 Item No: 10f(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 16, 2025

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2025-, APPROVING A REQUEST BY THE CONTRACTING PARTIES OF 104 INVESTMENTS, LLC,

LOCANS INVESTMENTS, LLC, WATHEN CASTANOS PETERSON HOMES, INC., WATHEN CASTANOS PETERSON COASTAL, LP, AND MARINA
DEVELOPERS, INC., TO RELEASE A PORTION OF THE PERFORMANCE SECURITY FOR PUBLIC IMPROVEMENTS IN THE SEA HAVEN PHASE 4B AREA IN THE AMOUNT OF $1,104,300, ACCEPTING A SUBSTITUTE PERFORMANCE BOND SECURITY OF $122,700 FOR REMAINING PUNCH LIST

ITEMS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

RELEASE AGREEMENT S ON BEHALF OF THE CITY SUBJECT TO FINAL

REVIEW AND APPROVAL BY THE CITY ATTORNEY

REQUEST:

It is requested that the City Council consider adopting Resolution No. 2025-:

1. Approving a request by the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc., to release a portion of the performance security for public improvements in the Sea Haven Phase 4B area in the amount of $1,104,300, and

2. Accepting a substitute performance bond security of $122,700 for the remaining punch list items; and

3. Authorizing the City Manager to execute the release agreement s on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

At the regular meeting of December 5, 2023, the City Council adopted Resolutions No. 2023-127, approving a Public Improvement Agreement between City of Marina (City) and the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc. (Developer), to construct public improvements in the Sea Haven Phase 4B Residential Subdivision . The Contracting Parties , as required by the Public Improvement Agreement, filed with the City Clerk a performance bond in the amount of $1,227,000 to guarantee completion of public improvements within Phases 4B as described in the Agreement (“EXHIBIT A”).

ANALYSIS:

On September 25, 2025 , City staff received a written request from the Developer to reduce the performance bond by 90% and accept a substitute performance bond of 10% of the original bond amount for remaining punch list items. The Agreement with the Developer do not require acceptance prior to 100% completion . Government Code §66499.7 permits the Developer to seek a partial release of its performance bond following verified satisfactory completion of at least 80% of the work. A partial release of performance security does not operate as an acceptance of the completed improvements and the risk of loss and responsibility for maintenance remains with the Developer until acceptance.
1 The Public Improvement Agreement with the Developer provide for security in the form of a performance bond in the total amount of the contract price (for t his agreements, the total price is $1,227,000). There is a one-year warranty period following acceptance for which the performance bond may serve as security or, alternatively, the developer may substitute a warranty bond in the amount of 10% of the total contract price.

Staff has confirmed that a substantial portion representing 90% of the public improvements has been completed in accordance with documentation submitted by the Developer and in conformance with the approved Improvement Plans (see “EXHIBIT B”). The remaining punch list items include minor concrete improvements, and staff is assured that these improvements will be completed for final acceptance of all improvements.

The Developer shall provide substitute security in the amount of $122,700 in place of the original $1,227,000 in performance security. The Developer has provided an updated Title Report that shows that the bonds to be released are unencumbered by mechanical lien claims.

FISCAL IMPACT:

There is no fiscal impact as City inspections have shown approximately $1,104,300 in improvements has been completed per approved plans and any failure to complete the public improvements is covered by the substitute security in the amount of $122,700.

CONCLUSION:

This request is submitted for City Council consideration and possible action.

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

__________________________
Ismael Hernandez
Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING THE REQUEST BY THE CONTRACTING PARTIES OF 104 INVESTMENTS, LLC, LOCANS INVESTMENTS, LLC, WATHEN CASTANOS PETERSON HOMES, INC.,

WATHEN CASTANOS PETERSON COASTAL, LP, AND MARINA DEVELOPERS, INC., TO RELEASE A PORTION OF THE PERFORMANCE SECURITY FOR PUBLIC IMPROVEMENTS IN THE SEA HAVEN PHASE 4B AREA IN THE AMOUNT OF $1,104,300, ACCEPTING A SUBSTITUTE PERFORMANCE BOND SECURITY OF $122,700 FOR THE REMAINING PUNCH LIST ITEMS, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE RELEASE AGREEMENTS ON BEHALF OF THE

CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

WHEREAS, at the regular meeting of December 5, 2023, the City Council adopted Resolutions No. 2023-127, approving a Public Improvement Agreement between City of Marina (City) and the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc. (Developer), to construct public improvements in the Sea Haven Phase 4B Residential Subdivision. The Contracting Parties, as required by the Public Improvement Agreement, filed with the City Clerk a performance bond in the amount of $1,227,000 to guarantee completion of public improvements within Phases 4B as described in the Agreement (“EXHIBIT A”), and;

WHEREAS, on September 25, 2025, City staff received a written request from the Developer to reduce the performance bond by 90% and accept a substitute performance bond of 10% of the original bond amount for remaining punch list items . The Agreement with the Developer do not require acceptance prior to 100% completion. Government Code §66499.7 permits the Developer to seek a partial release of its performance bond following verified satisfactory completion of at least 80% of the work. A partial release of performance security does not operate as an acceptance of the completed improvements and the risk of loss and responsibility for maintenance remains with the Developer until acceptance, and;

WHEREAS, the Public Improvement Agreement with the Developer provide for security in the form of a performance bond in the total amount of the contract price (for this agreements, the total price is $1,227,000). There is a one-year warranty period following acceptance for which the performance bond may serve as security or, alternatively, the developer may substitute a warranty bond in the amount of 10% of the total contract price, and;

WHEREAS, staff has confirmed that a substantial portion representing 90% of the public improvements has been completed in accordance with documentation submitted by the Developer and in conformance with the approved Improvement Plans (see “EXHIBIT B”). The remaining punch list items include minor concrete improvements, and staff is assured that these improvements will be completed for final acceptance of all improvements, and;

WHEREAS, the Developer shall provide substitute security in the amount of $122,700 in place of the original $1,227,000 in performance security. The Developer has provided an updated Title Report that shows that the bonds to be released are unencumbered by mechanical lien claims, and;

WHEREAS, there is no fiscal impact as City inspections have shown approximately $1,104,300 in improvements has been completed per approved plans and any failure to complete the public improvements is covered by the substitute security in the amount of $122,700.

3 Resolution No. 2025-

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:

1. Approve the request by the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc., to release a portion of the performance security for public improvements in the Sea Haven Phase 4B area in the amount of $1,104,300,

2. Accept a substitute performance bond security of $122,700 for the remaining punch list items, and;

3. Authorize the City Manager to execute the release agreement on behalf of the City subject to final review and approval by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th day of December 2025, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

____________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk

4 EXHIBIT A
5 EXHIBIT A
6 EXHIBIT A
7 EXHIBIT A
8 EXHIBIT A
9 EXHIBIT A
10 EXHIBIT A
11 EXHIBIT A
12 EXHIBIT A
13 EXHIBIT A
14 EXHIBIT A
15 EXHIBIT A
16 EXHIBIT A
17 EXHIBIT A
18 EXHIBIT A
19 EXHIBIT A
20 EXHIBIT A
21 EXHIBIT A
22 EXHIBIT A
23 EXHIBIT A
24 EXHIBIT A
25 EXHIBIT A
26 EXHIBIT A
27 EXHIBIT A
28 EXHIBIT A
29 EXHIBIT A
30 t:\monterey projects\4007 - sea haven\docs\cooresp\letters\4007 4b wch_04.docx Dana Gillespie September 25, 2025
TRUMARK CONSTRUCTION SERVICES, INC.
735 Tank Farm Rd Suite 100
San Luis Obispo, CA 93401
Via email: [email protected]
Re: Sea Haven Phase 4B
Project Completeness Summary
Dear Ms. Gillespie:

Per your request, a site visit was performed at Sea Haven Phase 4B on 9/19/2025 to evaluate the status of subdivision improvements in relation to the Revision 7 Sea Haven Phase 4 Improvement Plans by Whitson Engineers, dated 8/24/2023. We found that the Phase 4B subdivision improvements to be substantially complete and understand that only minor City Punchlist items remain.

The current Phase 4A performance bond amount is $1,227,000 and we concur that a 90% performance bond reduction would provide ample remaining security to complete the phase ($122,700).

Sincerely,
Whitson Engineers
Andrew Hunter PE | Principal
RCE 67730

EXHIBIT B
31 December 10, 2025, Item No: 10g(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council December 16, 2025
THE CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 5-,

APPROVING AN AGREEMENT WITH EMC PLANNING NOT TO EXCEED $66,000 TO PROVIDE CONTRACT PLANNING SERVICES TO THE CITY OF

MARINA FOR THE MARINA STATION PROJECT , AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT, AND AUTHORIZING

THE FINANCE DIRECTOR TO MAKE APPROPRIATE ACCOUNTING AND BUDGETARY ENTRIES . THIS ACTION IS EXEMPT FROM CEQA PER SECTION 150161(B)(3) OF THE CEQA GUIDELINES.

REQUEST:

It is requested that City Council consider adopting Resolution No. 2025:

1. Authorizing an agreement with the EMC Planning Group not to exceed $66,000 to provide contract planning services for the Marina Station Project;

2. Authorizing the City Manager to execute the agreement.

3. Determining this action is exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines; and

4. Authorizing Finance Director to make appropriate accounting and budgetary entries.

BACKGROUND:

With the recent retirement of the Planning Services Manager, it is imperative for the Marina Station Project to maintain project continuity by retaining EMC Planning Group to provide temporary contract planning services to ensure development-related permits are processed in a timely manner. The term of the contract will be for limited duration, until June 17, 2026, providing adequate time for the City to recruit and “on board” the new Planning Manager. The Planning Manager recruitment is currently underway, but a new employee will likely not start until February or March of 2026 during a critical period for the project as Phase I is currently breaking ground and progress is being made on the implementation of the City’s Affordable Housing Agreement with Third Millenium Partners (3MP).

ANALYSIS:

EMC Planning Group is an interdisciplinary land use planning and environmental compliance firm located in Monterey, California. Over a span of 48 years, the firm has gained a wealth of knowledge and experience in services pertaining to land use and community planning, development and entitlement services, and environmental planning and compliance. The firm translates that experience into concrete, focused results in a timely and cost -effective manner to an extensive list of public and private sector clients in communities of varying scales throughout California. EMC Planning has a long history with Marina including providing support for the Marina Station Specific Plan, the Marina Local Coastal Program Amendments, and the Marina Coastal Trail.

FISCAL IMPACT:

The City currently has a reimbursement agreement with Third Millenium Partners ( 3MP) so the EMC Planning Group contract will not have a negative fiscal impact upon the City, as the developer will cover the cost of this contract.
1 ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) per section 15061(b)(3) of the CEQA Guidelines because approving a contract does not have an environmental impact under the commonsense exemption of the CEQA Guidelines.

CONCLUSION:

Adopting Resolution No. 2025-, will authorize the City Manager to execute a contract with EMC Planning Group not to exceed $ 66,000 to provide contract planning services for the Marina Station project.

Respectfully submitted,

______________________
Guido F. Persicone
Community Development Director
City of Marina

REVIEWED/CONCUR:

___________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AUTHORIZING AN AGREEMENT WITH EMC PLANNING NOT TO EXCEED $66,000 TO PROVIDE CONTRACT PLANNING SERVICES TO THE CITY OF

MARINA FOR THE MARINA STATION PROJECT, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT, AND AUTHORIZING THE

FINANCE DIRECTOR TO MAKE APPROPRIATE ACCOUNTING AND
BUDGETARY ENTRIES. THIS ACTION IS EXEMPT FROM CEQA PER SECTION 150161(B)(3) OF THE CEQA GUIDELINES.

WHEREAS, At the regular meeting of March 4, 2008, the City Council adopted Resolution No. 2008-45, approving the Vesting Tentative Map for the Marina Station Project Subdivision, located at northern property boundary of the City; and

WHEREAS, At the regular meeting of March 4, 2008, the City Council adopted Resolution 2008-41, approving and c ertifying the Marina Station Specific Plan Environmental Impact Report; and

WHEREAS, Creek bridge Homes, LLC and the City previously entered into that certain Development Agreement dated as of March 4, 2008 (the "Development Agreement"), pursuant to which the City and Creek bridge Homes, LLC agreed to certain matters with respect to the development of a mixed use community with residential, commercial, office, industrial, public, cultural, recreation, and park land uses (the "Project") as more specifically provided for in the Marina Station Specific Plan adopted by the City of Marina; and

WHEREAS, the city approved the assignment of the Development Agreement to Third Millennium Partners (“Developer”) in 2022; and

WHEREAS, the Phases 1 and 2 final map and improvement plans are for 240 residential units in the Marina Station Project. The Phases 1 and 2 final map and improvement plans include the specific neighborhood improvements such as parks and open space that support 240 residential units including 79 below market rate (BMR) single family residential units; and

WHEREAS, the applicant (Third Millenium Partners) has made significant progress on implementing Phase 1 and 2 of the development project; and

WHEREAS, City desires to partner with EMC Planning Group to ensure the project permits are approved in a timely manner in the interim period;

WHEREAS, the EMC Planning Group contract will be 100% cost recovery under the existing Reimbursement Agreement the City of Marina has with Third Millenium Partners

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby

1. Authorize an agreement with the EMC Planning Group not to exceed $66,000 to provide contract planning services for the Marina Station Project.

2. Authorize the City Manager to execute the agreement.

3. Determine this action is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines; and

4. Authorize Finance Director to make appropriate accounting and budgetary entries.

3 PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th Day of December 2025, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

___________________________
Anita Sharp, Deputy City Clerk
4 1

CITY OF MARINA

AGREEMENT FOR CONTRACT PLANNING SERVICES
THIS AGREEMENT is made and entered into on , 2025, by
and between the City of Marina, a California charter city, hereinafter referred to as the "City," and EMC Planning Group, Inc., hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.

Recitals
A. City desires to retain Contractor to provide planning staff support for the Marina Station project (Project) only, on a part-time basis and for a limited term. The contract planner shall provide planning services up to ten (10) hours per week for a six (6) month term until such time as full-time City staff can be hired and trained.

The Project consists of a large and complex, fully entitled Master Plan community that has begun construction of the first of eight (8) phases. The cost of the services to be provided by this support planner will be borne by the developer, Third Millennium Partners (TMP), through an existing Reimbursement Agreement with the City of Marina.

B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services as set forth herein.

C. City and TMP recognize that time is of the essence. For this reason, the City seeks to hire the Contractor to provide these specialized services.

Terms and Conditions
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:

1. Scope of Work
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.
(b) Contractor shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this

EXHIBIT A
5 2

Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred.

(c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.

(d) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.

(e) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work outlined in Exhibit “A." Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.

2. Term of Agreement & Commencement of Work.

(a) Unless otherwise provided, the term of this Agreement shall begin on December 17, 2025, and shall expire on June 17, 2026 , unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:

(i) This Agreement has been approved by the City's Council or by the board, officer or employee authorized to give such approval; and

(ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form; and

(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto; and.

(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.

(b) Contractor shall commence work on the Project on or by December 17, 2025. This Agreement may be extended upon written agreement of both parties.

Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.

EXHIBIT A
6 3

3. Compensation

(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in an amount not to exceed Sixty-Six Thousand Dollars ($66,000.00) in accordance with the provisions of this Section.

(b) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptions or disputed items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.

(c) Contractor will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis. Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour's notice for a period of four years from the date of final payment under this Agreement.

(d) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

(e) Expenses not otherwise addressed in the Scope of Services or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)), be charged at cost and reimbursed to Contractor.

(f) There shall be no charge for transportation within Monterey, Santa Cruz and San Benito Counties required for the performance of the services under this Agreement; travel to other locations must be approved in writing and in advance by the City, mileage will be charged at the then current standard rate for business travel as set by the U.S.

Internal Revenue Service for such approved travel.

4. Termination or Suspension

(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.

(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed

EXHIBIT A
7 4

for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.

(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.

(d) If termination for default is effected by the Contractor or if termination for convenience is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.

5. Project Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Administrator Guido Persicone, AICP, Community Development Director, who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.

(b) Contractor designates Michael Groves or his/her designee, as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term.

(c) Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City.

Contractor has represented to City that certain key personnel will perform and coordinate the work under this Agreement. Should one or more such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

6. Delegation of Work

(a) If Contractor utilizes any subcontractors, consultants, persons, employees or firms having applicable expertise to assist Contractor in performing the services under this Agreement, Contractor shall obtain City's prior written approval to such employment.

Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully

EXHIBIT A
8 5

responsible and liable for payment for, administration, completion, presentation, and quality of all work performed. If such persons are utilized, they shall be charged at cost.

City reserves its right to employ other contractors in connection with this Project.

(b) If the work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees. The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.

(c) The City is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City.

7. Skill of Employees Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.

8. Confidential and Proprietary Information In the course of performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should Contractor undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Work, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.

9. Ownership of Data Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software.

Contractor makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application

EXHIBIT A
9 6

to circumstances not contemplated by the Scope of Work and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.

10. Conflict of Interest

(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. Contractor shall represent the interest of the City in any discussion or negotiation.

(b) City understands and acknowledges that Contractor may be, as of the date of commencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects.

Any future position of the City on such projects may result in a conflict of interest for purposes of this section.

11. Disclosure Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.

12. Non-Discrimination

(a) During the performance of this Agreement the Contractor and its subcontractors shall comply with the applicable laws of the United States of America, the State of California and the City prohibiting discrimination and harassment. In performing this Agreement, Contractor shall not discriminate, harass, or allow harassment, against any employee or applicant for employment because of gender, gender expression, gender identity, genetic characteristics, sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), mental disability, age, marital status, denial of family and medical care leave and denial of pregnancy disability leave, sexual orientation, military/veteran status and any other characteristics protected by state or federal law. Contractor shall give written notice of its obligations under this clause to labor organizations with which it has a collective bargaining or other agreement.
(b) Contractor shall include the provisions of this Section 12(a) in all subcontracts related to this Agreement.

13. Indemnification

EXHIBIT A
10 7

(a) Other than in the performance of design professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall indemnify, immediately defend (with independent counsel reasonably acceptable to the City) and hold harmless the City, its Council, boards, commissions, employees, officials and agents (collectively "Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, expert witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where same arise out of the performance of this Agreement by Contractor, its officers, employees, agents and sub -contractors. The duty to defend is a separate and distinct obligation from the Contractor’s duty to indemnify and Contractor shall be obligated to defend in all legal, equitable, administrative or special proceedings upon tender to the Contractor of any claim in any form or at any stage of an action or proceeding, whether or not liability is established and the obligation extends through final judgment including exhaustion of any appeals .. The Contractor’s obligation to indemnify applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally determined that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined by said section 2782.8(c)(2) (“Design Professional”) Design Professional shall indemnify, protect and hold harmless any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional, or such acts or omissions of an officer, employee, agent or subcontractor of the Design Professional. Design Professional shall not have an immediate duty to defend an Indemnified Party, however, Design Professional’s obligation to indemnify (including reimbursing the cost to defend) and hold the Indemnified Parties harmless applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally determined that liability was caused by the comparative active negligence or willful misconduct of an Indemnified Party the Design Professional’s indemnification obligation shall be reduced in direct proportion to the indemnified party’s proportionate percentage of fault. Within 30 days following Design Professional’s receipt of a properly presented written invoice Design Profession al shall satisfy its indemnification obligations and reimburse the Indemnified Party for the cost of reasonable attorney’s fees and defense costs incurred by the Indemnified Party to the same extent of Design Professional’s indemnity obligation herein. In no event shall the cost to defend charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault.

EXHIBIT A
11 8

professional services does not relieve Contractor from its separate and distinct obligation to defend City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to provide an immediate defense to any Indemnified Party, as provided above, Contractor, upon notice from the City, shall defend the Indemnified Party at Contractor's expense by independent counsel reasonably acceptable to the City. Unless otherwise provided above, an Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended. Contractor may submit a claim to the City for reasonable defense costs (including attorney’s and expert fees) incurred in providing a defense of any Indemnified Party to the extent such defense costs arise under principals of comparative fault from the Indemnified Party’s active negligence, recklessness or willful misconduct.

(e) This obligation to indemnify and defend, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.

14. Insurance

(a) As a condition precedent to the effectiveness of this Agreement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, executed by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content. Specifically, such insurance shall:
(1) be endorsed to protect City as an additional insured for commercial general and business auto liability; (2) provide City prior notice of cancellation; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.

(b) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required herein by giving Contractor ninety days advance written notice of such change. If such change should result in substantial additional cost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.

(c) All required insurance must be submitted and approved the City Attorney and Risk Manager prior to the inception of any operations by Contractor.

EXHIBIT A
12 9

(d) The required coverage and limits are subject to availability on the open market at reasonable cost as determined by the City. Non availability or non affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.

(e) By signing this Agreement, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.

15. Independent Contractor The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.

This Agreement shall not constitute, and it is not intended to constitute, either party as an employer, employee, agent, partner or legal representative of the other party for any purpose, or give either party any right to supervise or direct the functions of the other party. Except as specifically provided herein, neither party shall have authority to act for or obligate the other party in any way or to extend any representation on behalf of the other party. Each party agrees to perform under this Agreement solely as an independent contractor and neither party shall have any right, power, or authority, nor shall they represent themselves as having any authority to assume, create, or incur any expense, liability or obligation, express or implied, on behalf of the other party for any purpose. Each party agrees not to permit its employees or agents to do anything that might be construed or interpreted as acts of the other party.

16. Claims for Labor and Materials Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.

17. Discounts Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.

EXHIBIT A
13 10

18. Cooperation; Further Acts The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

19. Dispute Resolution If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties. The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.

20. Compliance with Laws

(a) Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor must be in good standing and registered with the California Department of Industrial Relations in accordance with California labor Code section 1725.5 and shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.

(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work.

(c) Contractor represents that it has obtained and presently holds all permits and licenses necessary for performance hereunder, including a Business License required by the City's Business License Ordinance (Title 5 of the Marina Municipal Code) for which a business license tax is prescribed and assessed at the rate of two-tenths percent of gross receipts, in accordance with the provisions therein. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.

21. Assignment or Transfer This Agreement or any interest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

EXHIBIT A
14 11

22. Notices All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:

To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, CA 93933
Ph. (831) 884-1278

To Contractor: Michael Groves, AICP, President
EMC Planning Group, Inc.
601 Abrego Street
Monterey, CA 93940
Ph. (831) 649-1799

The parties my agree in writing to receive notice by email. Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.

23. Amendments, Changes or Modifications This Agreement is not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.

24. Force Majeure Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement if such failure shall be due to causes beyond Contractor's or the City's control except that an economic downturn of any type shall not be a justifiable cause for the failure to meet their respective obligations under this Agreement. Such causes include but are not limited to: strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.

25. Attorney's Fees In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

26. Successors and Assigns All of the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment

27. Authority to Enter Agreement Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party.

EXHIBIT A
15 12

28. Waiver A waiver of a default of any term of this Agreement shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.

29. Severability Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.

30. Construction, References, Captions Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.

31. Advice of Counsel The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.

32. Counterparts This Agreement may be signed in counterparts, each of which shall constitute an original.

33. Time Time is of the essence in this contract.

34. Entire Agreement This Agreement contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid.

EXHIBIT A
16 13

IN WITNESS WHEREOF, Contractor and the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Marina, California.

CITY OF MARINA CONTRACTOR

By: By:

Name: Name: ___ ____________ Its: Its: ___________________ Date: _______________________ Date: ___________________

Attest: (Pursuant to Reso: 2025 - _____)

By:

City Clerk

Approved as to form:

By:

City Attorney

EXHIBIT A
17 EXHIBIT A

Section 1. Scope of Work

(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth herein and by this reference made a part thereof. With prior written notices to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion:

1. Provide Principal level staff services in support of implementing mitigation measures, conditions of approval, requirements for the recordation of final maps, coordination between City departments and stakeholders, substantial conformance review, building permit review, and general project management activities directly related to the construction of the Marina Station project, as approved by the City Council;

2. The Contractor shall assign staffing as agreed to by the City of Marina for the Marina Station and provide no additional services unless agreed to in advance through amendment to this Agreement.

EXHIBIT A
18 EXHIBIT B - INSURANCE

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)

4. Professional Liability (Errors and Omissions): Insurance appropriates to Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

EXHIBIT A
19 Primary Coverage
For any claims related to this contract, Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City.

Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the City. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

EXHIBIT A
20 Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

2002606.1

EXHIBIT A
21 December 2, 2025 Item No. 10g(2)

Honorable Mayor and Members City Council Meeting of
of the Marina City Council December 16, 2025

RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO. 20 25-,

APPROVING THE AGREEMENT BETWEEN THE CITY AND DENISE DUFFY

AND ASSOCIATES FOR THE INTERIM LAND MANAGEMENT OF THE
IMJIN PARKWAY WIDENING PROJECT’S HABITAT MANAGEMENT

LANDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL

DOCUMENTATION ON BEHALF OF THE CITY COUNCIL SUBJECT TO

FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

RECOMMENDATION:

It is requested that the City Council consider:

1. Adopting Resolution No. 20 25-, approving the agreement between the City and Denise Duffy and Associates for the interim land management of the Imjin Parkway Widening Project’s Habitat Management Lands, and;

2. Authorizing the City Manager to execute all documentation on behalf of the City Council subject to final review and approval by the City Attorney.

BACKGROUND:

At the regular meeting of February 5, 2019, the City Council adopted Resolution No. 201 9-11, accepting the Initial Study/Mitigated Negative Declaration for the Imjin Parkway Widening Project (“Project”) completing the California Environmental Quality Act (CEQA) process.

On March 4, 2019, Caltrans determined that the project is a Categorical Exclusion under the National Environmental Protection Act (NEPA).

Within the approximately 29.6 acres of soil disturbance due to the project are areas of potential sand gilia habitat. Sand gilia is a protected species under California law and is subject to permitting to ensure that any take of sand gilia is mitigated. Any sand gilia observed during the gilia flowering seasons was documented and the information was included in permit applications. The City applied for an Incidental Take Permit (ITP) f rom the California Department of Fish and Wildlife (CDFW) in February of 2019.

On December 21, 2022, CDFW issued to the City the California Endangered Species Act Incidental Take Permit No. 2081-2019-007-04 for the Project.

At the regular meeting of July 5, 2023, the City Council adopted Resolution No. 2023 -70, approving the recording of a Conservation Easement to mitigate impacts of the Imjin Pkwy Widening Project pursuant to the ITP.

1 ANALYSIS:

As part of the ITP issued by CDFW, the City has identified the three entities to support Habitat Management Lands (HML) for the mitigation of the sand gilia take. Per Government Code §§ 65965-65968, a separate Land Manager, mitigation funding Endowment Holder, and conservation Easement Grantee. The City as landowner is proposed to serve as the Land Manager with Denise Duffy & Associates as the certified biologist to oversee management under contract.

The scope of work for management of the HML has already been established in the ITP as a long term management plan (LMP) which includes an interim 3 -year establishment period. The oversight, management and inspection services of this establishment period are outlined in DD&A’s proposal (Exhibit A).

Funding for the establishment period as well as perpetual maintenance were generated in the Property Analysis Record (PAR), where an endowment amount was set aside for the continual maintenance of the HML. The National Fish and Wildlife Foundation (NFWF) serves as the Endowment Holder on the Project through a Recipient Agreement for the funding of the LMP.

FISCAL IMPACT:

All funding associated with this action are available in the endowment held by NFWF and will be reimbursed to the City once invoices are collected.

CONCLUSION:

This request is submitted for City Council consideration and possible action.

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

____________________________
Ismael Hernandez
Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING THE AGREEMENT BETWEEN THE CITY AND DENISE DUFFY

AND ASSOCIATES FOR THE INTERIM LAND MANAGEMENT OF THE IMJIN PARKWAY WIDENING PROJECT’S HABITAT MANAGEMENT LANDS, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL

DOCUMENTATION ON BEHALF OF THE CITY COUNCIL SUBJECT TO

FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

WHEREAS, at the regular meeting of February 5, 2019, the City Council adopted Resolution No. 2019-11, accepting the Initial Study/Mitigated Negative Declaration for the Imjin Parkway Widening Project (“Project”) completing the California Environmental Quality Act (CEQA) process, and;

WHEREAS, on March 4, 2019, Caltrans determined that the project is a Categorical Exclusion under the National Environmental Protection Act (NEPA), and;

WHEREAS, within the approximately 29.6 acres of soil disturbance due to the project are areas of potential sand gilia habitat. Sand gilia is a protected species under California law and is subject to permitting to ensure that any take of sand gilia is mitigated. Any sand gilia observed during the gilia flowering seasons was documented and the information was included in permit applications.

The City applied for an Incidental Take Permit (ITP) from the California Department of Fish and Wildlife (CDFW) in February of 2019, and;

WHEREAS, on December 21, 2022, CDFW issued to the City the California Endangered Species Act Incidental Take Permit No. 2081-2019-007-04 for the Project, and;

WHEREAS, at the regular meeting of July 5, 2023, the City Council adopted Resolution No. 2023- 70, approving the recording of a Conservation Easement to mitigate impacts of the Imjin Pkwy Widening Project pursuant to the ITP, and;

WHEREAS, as part of the ITP issued by CDFW, the City has identified the three entities to support Habitat Management Lands (HML) for the mitigation of the sand gilia take. Per Government Code §§ 65965 -65968, a separate Land Manager , mitigation funding Endowment Holder , and conservation Easement Grantee. The City as landowner is proposed to serve as the Land Manager with Denise Duffy & Associates as the certified biologist to oversee management under contract, and;

WHEREAS, the scope of work for management of the HML has already been established in the ITP as a long term management plan (LMP) which includes an interim 3 -year establishment period. The oversight, management and inspection services of this establishment period ar e outlined in DD&A’s proposal (Exhibit A), and;

WHEREAS, funding for the establishment period as well as perpetual maintenance were generated in the Property Analysis Record (PAR), where an endowment amount was set aside for the continual maintenance of the HML. The National Fish and Wildlife Foundation (NFWF) serves as the Endowment Holder on the Project through a Recipient Agreement for the funding of the LMP, and;

3 Resolution No. 2025-
Page Two

WHEREAS, all funding associated with this action are available in the endowment held by NFWF and will be reimbursed to the City once invoices are collected.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:

1. Approve the agreement between the City and Denise Duffy and Associates for the interim land management of the Imjin Parkway Widening Project’s Habitat Management Lands, and;

2. Authorizing the City Manager to execute all documentation on behalf of the City Council subject to final review and approval by the City Attorney.

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Marina, duly held on the 16th day of December, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce C. Delgado, Mayor
ATTEST:

____________________________
Anita Sharp, Deputy City Clerk

4 Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING
Deni
se Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341 April 3
0, 2025
Edrie De Los Santos, P.E.

Consulting Senior Engineer
CSG Consultants for City of Marina
211 Hillcrest Avenue
Marina, California 93933
Subject
: Proposal for Interim Land Manager Tasks for the Imjin Parkway Improvement s Project Habitat Management Lands
Dear Edr
ie,
Per y
our request, Denise Duffy & Associates, Inc. (DD&A) is submitting the enclosed proposal to conduct three years of interim land manager tasks (2025 through 2027) required by the Habitat Management Lands (HML) Long-Term Management Plan (LTMP) for the Imjin Parkway Improvement s Project (project). The attached scope and budget identify these tasks. Please note that DD&A has already completed Year 1 of Task 9 (Annual Reporting) out of scope and this proposal is retroactive for Year 1 of this task. Please also note that biological monitoring of HML fencing and signage, as required by Monitoring Actions 6.1.1 through 6.1.4 of the LTMP, was included as part of the project’s construction contract and is not included in this proposal, and landscaper contractor costs are not included in this proposal.

If you
have any questions concerning the enclosed information, please do not hesitate to contact me at [email protected] or (831) 373 -4341 x19. We appreciate this opportunity to continue providing land management services to the City of Marina.

Sincerely,
Erin
Harwayne, AICP
Senior Project Manager
DENISE DUFFY & ASSOCIATES, INC.

EXHIBIT A TO

STAFF REPORT
5 Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING

Denise Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341

SCOPE OF WORK
Task 1. Monterey Gilia Surveys
In accordance with Monitoring Task 1.1.1 from the LTMP, DD&A will conduct a survey for Monterey gilia within the HML annually in spring (approximately April) to document Monterey gilia populations within the HML. Data from the surveys will be documented in annual reports (see Task 9) and will be used to inform the adjusted baseline (see Task 10).

Task 2. Invasive Species and Habitat Surveys
In accordance with Monitoring Tasks 1.2.3, 2.2.1, and 3.1.1, from the LTMP, DD&A will conduct surveys annually in spring (approximately May/June) to document French broom, Torrey pine, non-native grasses, and other invasive species (excluding iceplant) and to verify boundaries of successional habitats collected by the aerial drone survey (see Task 3). Data from the surveys will be documented in annual reports (see Task 9).

Task 3. Drone Surveys
In accordance with Monitoring Tasks 1.2.1 and 3.1.1 from the LTMP, DD&A will conduct an aerial drone survey of the HML annually in the fall (approximately October) to document iceplant and successional habitats.

Data from the surveys will be documented in annual reports (see Task 9).

Task 4. Trash and Habitat Health Monitoring
In accordance with Monitoring Tasks 4.1.1 and 8.1.1 from the LTMP, DD&A will conduct biannual site inspections (once in spring concurrent with Task 2 and once in fall concurrent with Task 3) to document trash, habitat health, and any factors potentially impacting the HML. DD&A will take photographs at photo points established in the Baseline Assessment for the HML. Data and photos from the inspections will be documented in annual reports (see Task 9).

Task 5. Equestrian Outreach
As required by Management Action 7.1.1 from the LTMP, DD&A will prepare and distribute equestrian education pamphlets identifying presence of sensitive biological resources within the HML and directing equestrians to use trails and roads outside the HML. DD&A will distribute pamphlets twice per year.

Task 6. Invasive Plant Removal Monitoring and Coordination As required by Management Task 1.2.1 from the LTMP, and in conjunction with the City’s landscaping contractor, DD&A will conduct an employee education program for the landscaping crew prior to each bout of invasive species removal and will monitor and direct invasive species removal. DD&A will als o coordinate with the City and landscaper, as needed. This budget assumes up to 48 hours of monitoring would be required per year.
6 Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING

Denise Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341

Task 7. Vertical Mulching Monitoring and Coordination
As required by Management Task 5.1.1 from the LTMP, and in conjunction with the City’s landscaping contractor, DD&A will monitor and direct installation of vertical mulching. DD&A will also coordinate with the City and landscaper, as needed. This budget assumes up to eight (8) hours of monitoring would be required per year.

Task 8. Trash Removal Monitoring and Coordination
As required by Management Task 8.2.1 from the LTMP, and in conjunction with the City’s landscaping contractor, DD&A will monitor and direct installation trash removal. DD&A will also coordinate with the City and landscaper, as needed. This budget assumes up to four (4) hours of monitoring would be required per year.

Task 9. Annual Reporting
Task 9a. Annual Reporting – CDFW
As required by the LTMP, DD&A will prepare a CDFW Annual Report each January to document existing conditions within the HML. The Annual Report will consist of data gathered during the monitoring period (January through December of the previous year) as part of Tasks 1 through 4 above; documentation of habitat management activities completed during monitoring period; documentation of any take of Monterey gilia that occurred during the monitoring period; funding expenditures, balance, and accrual during the monitoring period; documentation of any changed circumstances and how they were addressed during the monitoring period; and documentation of any amendments to the LTMP during the monitoring period. DD&A will submit a draft report to the City and will incorporate one round of comments before submitting a final report to the California Department of Fish and Wildlife (CDFW) and Big Sur Land Trust (the Easement Holder).

Task 9b. Annual Reporting – NFWF
As required by the LTMP and the National Fish and Wildlife Foundation (NFWF) Management Funding Recipient Agreement, DD&A will prepare a NFWF Annual Report each January to document funding expenditures, balance, and accrual. DD&A will submit a draft report to the City and will incorporate one round of comments before submitting a final report to NFWF (the Endowment Holder) and Big Sur Land Trust (the Easement Holder).

Task 10. Adjusted Baseline Report
As required by the LTMP, DD&A will prepare an Adjusted Baseline Report in Year 3 of interim management (2027) to document the adjusted Monterey gilia baseline. The adjusted baseline will consist of an average of the baseline Monterey gilia data, and all data collected during the interim management period. DD&A will submit a draft report to the City and will incorporate one round of comments before submitting a final report to the California Department of Fish and Wildlife (CDFW) and Big Sur Land Trust (the Easement Holder). 7 Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING

Denise Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341

Task 11. Travel, Operations, and Management
This task covers mileage, equipment rental, and miscellaneous project management. This task does not include any proposed amendments to the project’s incidental take permit to include seaside bird’s beak (Cordylanthus rigidus ssp. littoralis) or modify the project limits.

SCHEDULE
The tasks identified above will be completed in the timeframes required to comply with the LTMP.

BUDGET
The cost per task to complete the tasks above is based on the PAR Equivalent Interim Management Costs for the LTMP and is detailed in the attached spreadsheets. The project will be billed on a time and materials basis by task with a not-to-exceed amount of $141,526.75, consisting of $43,462.25 in Year 1, $43,462.25 in Year 2, and $54,602.25 in Year 3. Please note that this cost excludes all contractor costs.

8 PAR Equivalent - Interim Costs Year 1
(Excludes Contractor Costs)
Management/
Monitoring Action Item/Activity Description Position # of Units Cost per Unit # of Years Task Total Senior Scientist 16 hrs $167 /hour 1 $ 2,672.00 Associate Scientist 24 hrs $125 /hour 1 $ 3,000.00 Senior Scientist 8 hrs $167 /hour 1 $ 1,336.00 Associate Scientist 12 hrs $125 /hour 1 $ 1,500.00 Senior Scientist 8 hrs $167 /hour 1 $ 1,336.00 Associate Scientist 12 hrs $125 /hour 1 $ 1,500.00 Senior Scientist 4 hrs $167 /hour 1 $ 668.00 Associate Scientist 6 hrs $125 /hour 1 $ 750.00 Conduct drone aerial imaging flight to map iceplant, large Torrey pines, and successional habitat. Includes data processing and drive time. Drone Operator 12 hrs $148 /hour 1 $ 1,776.00 Monitor drone survey if conducted during avian breeding season. Includes drive time. Associate Scientist 4 hrs $125 /hour 1 $ 500.00 Senior Scientist 12 hrs $167 /hour 1 $ 2,004.00 Associate Scientist 16 hrs $125 /hour 1 $ 2,000.00

8.1.1 Trash Monitoring Inspect HML for any trash present. Includes drive time. Associate Scientist 8 hrs $125 /hour 1 $ 1,000.00 Distribute education materials to local equestrian facilities. Includes drive time Associate Scientist 8 hrs $125 /hour 1 $ 1,000.00 Printing (COLOR 8.5 x 11, single sided) N/A 200 units $1 /unit 1 $ 200.00 Removal and disposal of ice plant, French broom, and Torrey pine. Contracted - - - - Biological monitoring and education during invasive species removal. Includes drive time. Associate Scientist 48 hrs $125 /hour 1 $ 6,000.00 Coordination with Land Manager and contractor. Senior Project Manager 8 hrs $182 /hour 1 $ 1,456.00 Disposal Fee. N/A - - - -
Maintenance of vertical mulching along existing equestrian trails, as needed. Includes mulch materials. Contracted - - - - Monitoring of trails and coordination and monitoring of vertical mulching installation. Associate Scientist 8 hrs $125 /hour 1 $ 1,000.00 Coordination with Land Manager and contractor. Senior Project Manager 2 hrs $182 /hour 1 $ 364.00 Trash cleanup. Contracted - - - -
Biological monitoring of trash cleanup. Includes drive time. Associate Scientist 4 hrs $125 /hour 1 $ 500.00 Coordination with Land Manager and contractor. Senior Project Manager 2 hrs $182 /hour 1 $ 364.00 Disposal Fee. N/A - - - -
Annual Report preparation including post-processing of GIS and photo data, figure preparation, and analysis of results. Associate Scientist 32 hrs $125 /hour 1 $ 4,000.00 Annual Report review and revision. Senior Project Manager 8 hrs $182 /hour 1 $ 1,456.00 Prepare National Fish and Wildlife Foundation-specific annual report for land manager activities and expenses. Senior Project Manager 2 hrs $182 /hour 1 $ 364.00 Management of the National Fish and Wildlife Foundation accounting. Administrative Manager 8 hrs $90 /hour 1 $ 720.00 Adjusted Baseline Report, including data analysis of Monterey gilia, invasive plants, and successional habitat data collected during and prior to the interim management period. Associate Scientist 60 hrs $125 /hour 0 $ - Adjusted Baseline Report review and revision. Senior Project Manager 20 hrs $182 /hour 0 $ - Mileage Approximately 35 roundtrips, 30 miles each. Assumes some tasks are combined. 1050 miles $0.625 /mile 1 $ 656.25 Drone Rental Drone rental for invasive plant and successional habitat mapping. N/A 1 day $300 /day 1 $ 300.00 Sub-meter GPS Equipment Rental Sub-meter GPS equipment rental for mapping efforts. N/A 7 day $200 /day 1 $ 1,400.00 Project Management Miscellaneous project management. Senior Project Manager 20 hrs $182 /hour 1 $ 3,640.00 $43,462.25

8.2.1 Trash Cleanup and Disposal
Task 5 - Equestrian Outreach

2.2.1 Invasive Species and Non-Native Grass Documentation

1.2.3 Invasive Species Cover Ground Survey

5.1.1 Vertical Mulching Maintenance

7.1.1 Equestrian Education Materials
Task 7 - Vertical Mulching Monitoring and Coordination
Task 10 - Adjusted Baseline
Task 1 - Monterey Gilia Surveys
Task 4 - Trash and Habitat Health Monitoring
Task 11 - Travel, Operations, and Management
Task 9 - Annual Reporting
Task 8 - Trash Removal Monitoring and Coordination

1.1.1 Monterey Gilia Documentation Map Monterey gilia population within HML and estimate population count. Includes monitoring for peak bloom, drive time, and data processing.

Adjusted Baseline Reporting

1.2.1 Invasive Species Removal and Disposal

1.2.2, 3.1.1 Invasive Species and Successional Habitat Cover Drone Survey Task 3 - Drone Surveys
Task 2 - Invasive Species and Habitat Surveys
Task 6 - Invasive Plant Removal Monitoring and Coordination Conduct survey to map French broom and small Torrey pines. Assumes conducted concurrently with other surveys (2.2.1,

3.1.1, and 4.1.1). Includes drive time and data processing.

TOTAL COST
Annual NFWF Funding Report
Annual Management and Monitoring ReportTask 9a
Task 9b
Document other invasive species and non-native grasses. Includes drive time and data processing. Assumes conducted concurrently with other surveys (1.2.3, 3.1.1, and 4.1.1).

3.1.1 Successional Habitat Documentation Map other successional habitats if present. Includes drive time and data processing. Assumes conducted concurrently with other surveys (1.2.3, 2.2.1, and 4.1.1).

4.1.1 Maritime Chaparral Habitat Health Documentation Twice per year, conduct an inspection to determine if native plants are thriving and if there are any natural processes (e.g., erosion, drought, herbivory) affecting the overall health of the habitat. Take photos at established photo points. Includes drive time and data processing. Assumes conducted concurrently with other surveys (1.2.3, 2.2.1, and 3.1.1). 9 PAR Equivalent - Interim Costs Year 2
(Excludes Contractor Costs)
Management/
Monitoring Action Item/Activity Description Position # of Units Cost per Unit # of Years Task Total Senior Scientist 16 hrs $167 /hour 1 $ 2,672.00 Associate Scientist 24 hrs $125 /hour 1 $ 3,000.00 Senior Scientist 8 hrs $167 /hour 1 $ 1,336.00 Associate Scientist 12 hrs $125 /hour 1 $ 1,500.00 Senior Scientist 8 hrs $167 /hour 1 $ 1,336.00 Associate Scientist 12 hrs $125 /hour 1 $ 1,500.00 Senior Scientist 4 hrs $167 /hour 1 $ 668.00 Associate Scientist 6 hrs $125 /hour 1 $ 750.00 Conduct drone aerial imaging flight to map iceplant, large Torrey pines, and successional habitat. Includes data processing and drive time. Drone Operator 12 hrs $148 /hour 1 $ 1,776.00 Monitor drone survey if conducted during avian breeding season. Includes drive time. Associate Scientist 4 hrs $125 /hour 1 $ 500.00 Senior Scientist 12 hrs $167 /hour 1 $ 2,004.00 Associate Scientist 16 hrs $125 /hour 1 $ 2,000.00

1.2.3 Invasive Species Cover Ground Survey Conduct survey to map French broom and small Torrey pines. Assumes conducted concurrently with other surveys (2.2.1,

3.1.1, and 4.1.1). Includes drive time and data processing.

Task 1 - Monterey Gilia Surveys

1.1.1 Monterey Gilia Documentation Map Monterey gilia population within HML and estimate population count. Includes monitoring for peak bloom, drive time, and data processing.

Task 2 - Invasive Species and Habitat Surveys

2.2.1 Invasive Species and Non-Native Grass Documentation Document other invasive species and non-native grasses. Includes drive time and data processing. Assumes conducted concurrently with other surveys (1.2.3, 3.1.1, and 4.1.1).

Task 3 - Drone Surveys

1.2.2, 3.1.1 Invasive Species and Successional Habitat Cover Drone Survey Task 4 - Trash and Habitat Health Monitoring

Task 5 - Equestrian Outreach

7.1.1 Equestrian Education Materials
Task 6 - Invasive Plant Removal Monitoring and Coordination

1.2.1 Invasive Species Removal and Disposal
Task 7 - Vertical Mulching Monitoring and Coordination

5.1.1 Vertical Mulching Maintenance
Task 8 - Trash Removal Monitoring and Coordination

8.2.1 Trash Cleanup and Disposal
Adjusted Baseline Reporting
Task 11 - Travel, Operations, and Management

TOTAL COST
Task 9 - Annual Reporting
Task 9a Annual Management and Monitoring Report
Task 9b Annual NFWF Funding Report
Task 10 - Adjusted Baseline
10 PAR Equivalent - Interim Costs Year 3
(Excludes Contractor Costs)
Management/
Monitoring Action Item/Activity Description Position # of Units Cost per Unit # of Years Task Total Senior Scientist 16 hrs $167 /hour 1 $ 2,672.00 Associate Scientist 24 hrs $125 /hour 1 $ 3,000.00 Senior Scientist 8 hrs $167 /hour 1 $ 1,336.00 Associate Scientist 12 hrs $125 /hour 1 $ 1,500.00 Senior Scientist 8 hrs $167 /hour 1 $ 1,336.00 Associate Scientist 12 hrs $125 /hour 1 $ 1,500.00 Senior Scientist 4 hrs $167 /hour 1 $ 668.00 Associate Scientist 6 hrs $125 /hour 1 $ 750.00 Conduct drone aerial imaging flight to map iceplant, large Torrey pines, and successional habitat. Includes data processing and drive time. Drone Operator 12 hrs $148 /hour 1 $ 1,776.00 Monitor drone survey if conducted during avian breeding season. Includes drive time. Associate Scientist 4 hrs $125 /hour 1 $ 500.00 Senior Scientist 12 hrs $167 /hour 1 $ 2,004.00 Associate Scientist 16 hrs $125 /hour 1 $ 2,000.00

8.1.1 Trash Monitoring Inspect HML for any trash present. Includes drive time. Associate Scientist 8 hrs $125 /hour 1 $ 1,000.00 Distribute education materials to local equestrian facilities. Includes drive time Associate Scientist 8 hrs $125 /hour 1 $ 1,000.00 Printing (COLOR 8.5 x 11, single sided) N/A 200 units $1 /unit 1 $ 200.00 Removal and disposal of ice plant, French broom, and Torrey pine. Contracted - - - - Biological monitoring and education during invasive species removal. Includes drive time. Associate Scientist 48 hrs $125 /hour 1 $ 6,000.00 Coordination with Land Manager and contractor. Senior Project Manager 8 hrs $182 /hour 1 $ 1,456.00 Disposal Fee. N/A - - - -
Maintenance of vertical mulching along existing equestrian trails, as needed. Includes mulch materials. Contracted - - - - Monitoring of trails and coordination and monitoring of vertical mulching installation. Associate Scientist 8 hrs $125 /hour 1 $ 1,000.00 Coordination with Land Manager and contractor. Senior Project Manager 2 hrs $182 /hour 1 $ 364.00 Trash cleanup. Contracted - - - -
Biological monitoring of trash cleanup. Includes drive time. Associate Scientist 4 hrs $125 /hour 1 $ 500.00 Coordination with Land Manager and contractor. Senior Project Manager 2 hrs $182 /hour 1 $ 364.00 Disposal Fee. N/A - - - -
Annual Report preparation including post-processing of GIS and photo data, figure preparation, and analysis of results. Associate Scientist 32 hrs $125 /hour 1 $ 4,000.00 Annual Report review and revision. Senior Project Manager 8 hrs $182 /hour 1 $ 1,456.00 Prepare National Fish and Wildlife Foundation-specific annual report for land manager activities and expenses. Senior Project Manager 2 hrs $182 /hour 1 $ 364.00 Management of the National Fish and Wildlife Foundation accounting. Administrative Manager 8 hrs $90 /hour 1 $ 720.00 Adjusted Baseline Report, including data analysis of Monterey gilia, invasive plants, and successional habitat data collected during and prior to the interim management period. Associate Scientist 60 hrs $125 /hour 1 $ 7,500.00 Adjusted Baseline Report review and revision. Senior Project Manager 20 hrs $182 /hour 1 $ 3,640.00 Mileage Approximately 35 roundtrips, 30 miles each. Assumes some tasks are combined. 1050 miles $0.625 /mile 1 $ 656.25 Drone Rental Drone rental for invasive plant and successional habitat mapping. N/A 1 day $300 /day 1 $ 300.00 Sub-meter GPS Equipment Rental Sub-meter GPS equipment rental for mapping efforts. N/A 7 day $200 /day 1 $ 1,400.00 Project Management Miscellaneous project management. Senior Project Manager 20 hrs $182 /hour 1 $ 3,640.00 $54,602.25

1.2.3 Invasive Species Cover Ground Survey Conduct survey to map French broom and small Torrey pines. Assumes conducted concurrently with other surveys (2.2.1,

3.1.1, and 4.1.1). Includes drive time and data processing.

Task 1 - Monterey Gilia Surveys

1.1.1 Monterey Gilia Documentation Map Monterey gilia population within HML and estimate population count. Includes monitoring for peak bloom, drive time, and data processing.

Task 2 - Invasive Species and Habitat Surveys

Task 3 - Drone Surveys

1.2.2, 3.1.1 Invasive Species and Successional Habitat Cover Drone Survey Task 4 - Trash and Habitat Health Monitoring

Task 5 - Equestrian Outreach

7.1.1 Equestrian Education Materials
Task 6 - Invasive Plant Removal Monitoring and Coordination

1.2.1 Invasive Species Removal and Disposal
Task 7 - Vertical Mulching Monitoring and Coordination

5.1.1 Vertical Mulching Maintenance
Task 8 - Trash Removal Monitoring and Coordination

8.2.1 Trash Cleanup and Disposal
Adjusted Baseline Reporting
Task 11 - Travel, Operations, and Management

TOTAL COST
Task 9 - Annual Reporting
Task 9a Annual Management and Monitoring Report
Task 9b Annual NFWF Funding Report
Task 10 - Adjusted Baseline
11 December 11, 2025 Item No. 10g(3)

Honorable Mayor and Members City Council Meeting of
of the Marina City Council December 16, 2025

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 25-,

APPROVING THE PAVEMENT MANAGEMENT PROGRAM UPDATE
2025 REIMBURSEMENT AGREEMENT WITH THE TRANSPORTATION
AGENCY FOR MONTEREY COUNTY (TAMC) FOR THE CITY’S
PAVEMENT MANAGEMENT PROGRAM , AND; TO AUTHORIZE THE

CITY MANAGER TO EXECUTE THE A GREEMENT ON BEHALF OF

THE CITY COUNCIL SUBJECT TO FINAL REVIEW AND APPROVAL

BY THE CITY ATTORNEY

REQUEST:

It is recommended that the City Council:

1. Consider adopting Resolution No. 2025-, approving the Pavement Management Program Update 2025 Reimbursement Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program, and; (“EXHIBIT A”)

2. Authorize the City Manage r to execute the Agreement on behalf of the City Council subject to final review and approval by the City Attorney.

BACKGROUND:

At the regular meeting of July 5 , 2017, the City Counci l adopted Resolution No. 2017 -66, approving the Master Programs Funding Agreement with the Transportation Agency for Monterey County (TAMC) for local allocation and expenditure of Measure X Transportation and Safety Investment Plan funds.

At the regular meeting of November 21, 2017, the City Council adopted Resolution No. 2017-104, approving the Regional Pavement Management Program Funding Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program. This agreement funded the initial pavement network analysis and established the City’s pavement condition index baseline.

At the regular meeting of April 6, 2021, the City Council adopted Resolution No. 2021 -24, approving Amendment No. 1 to the Regional Pavement Management Program Funding Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program. This amendment provided the discounted license agreement for the use of the Streetsaver Pavement Management Program software.

At the regular meeting of February 15, 2022, the City Council adopted Resolution No. 202 2-18, approving the Pavement Management Program Update 2022 Funding Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program. This agreement provided TAMC the confirmation of the City’s interest in the regional program with the understanding that TAMC would provide final program costs prior to executing the reimbursement agreement.

1 At the regular meeting of June 7, 2022 , the City Council adopted Resolution No. 202 2-69, approving the Pavement Management Program Update 2022 Reimbursement Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program. This agreement confirms the City’s participation in the regional program and will help the City prioritize the pavement network for rehabilitation and resurfacing projects.

ANALYSIS:

On October 22, 2025, the TAMC Board of Directors approved a contract with Nichols Consulting Engineers (NCE) to provide Pavement Management consulting services for the regional program.

Under the Pavement Management Program (PMP) Reimbursement Agreement, the City agrees to reimburse TAMC for all consultant costs associated with services rendered to the City’s PMP .

These services include: updating the City’s database with new streets, providing inspection assessments of collector and arterial roadways, updating the City’s geographic information system (GIS) database, creating presentation and reports for City Council, and provid ing training opportunities for City staff on the Streetsaver Pavement Management software.

TAMC will be responsible for overseeing the consultant services for the PMP Update. Executing the reimbursement agreement (“EXHIBIT A”) confirms the City’s participation in the regional program and will help the City prioritize the pavement network for rehabilitation and resurfacing projects.

FISCAL IMPACT:

The City’s cost share of the regional program is $45,000. A cost share summary for each City can be found in “EXHIBIT B”. Should the City Council approve this request, adequate funding is available from the Measure X sales tax funds provided to the City for its Pavement Management Program costs.

CONCLUSION:

This request is submitted for City Council consideration and possible action.

____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

_________________________
Ismael Hernandez
Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING THE PAVEMENT MANAGEMENT PROGRAM UPDATE 202 5 REIMBURSEMENT

AGREEMENT WITH THE TRANSPORTATION AGENCY FOR MONTEREY
COUNTY (TAMC) FOR THE CITY’S PAVEMENT MANAGEMENT PROGRAM, AND; TO AUTHORIZE THE FINANCE DIRECTOR TO MAKE THE NECESSARY ACCOUNTING AND BUDGETERY ENTRIES, AND; TO AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY

COUNCIL SUBJECT TO FINAL REVIEW AND APPROVAL BY CITY ATTORNEY

WHEREAS, at the regular meeting of July 5, 2017, the City Council adopted Resolution No. 2017 - 66, approving the Master Programs Funding Agreement with the Transportation Agency for Monterey County (TAMC) for local allocation and expenditure of Measure X Transportation and Safety Investment Plan funds, and;

WHEREAS, at the regular meeting of November 21, 2017, the City Council adopted Resolution No. 2017-104, approving the Regional Pavement Management Program Funding Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program.

This agreement funded the initial pavement network analysis and established the City’s pavement condition index baseline, and;

WHEREAS, at the regular meeting of April 6, 2021, the City Council adopted Resolution No. 2021 - 24, approving Amendment No. 1 to the Regional Pavement Management Program Funding Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program. This amendment provided the discounted license agreement for the use of the Streetsaver Pavement Management Program software, and;

WHEREAS, at the regular meeting of February 15, 2022, the City Council adopted Resolution No. 2022-18, approving the Pavement Management Program Update 2022 Funding Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program.

This agreement provided TAMC the confirmation of the City shows interest in the regional program with the understanding that TAMC would provide final program costs prior to executing the reimbursement agreement, and;

WHEREAS, at the regular meeting of June 7, 2022, the City Council adopted Resolution No. 202 2- 69, approving the Pavement Management Program Update 2022 Reimbursement Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program.

This agreement confirms the City’s participation in the regional program and will help the City prioritize the pavement network for rehabilitation and resurfacing projects, and;

WHEREAS, on October 22, 2025, the TAMC Board of Directors approved a contract with Nichols Consulting Engineers (NCE) to provide Pavement Management consulting services for the regional program. Under the Pavement Management Program (PMP) Reimbursement Agreement, the City agrees to reimburse TAMC for all consultant costs associated with services rendered to the City’s PMP. These services include: updating the City’s database with new streets, providing inspection assessments of collector and arterial roadwa ys, updating the City’s geographic information system (GIS) database, creating presentation and reports for City Council, and providing training opportunities for City staff on the Streetsaver Pavement Management software, and;

3 Resolution No. 2025-

Page 2 ends

WHEREAS, TAMC will be responsible for overseeing the consultant services for the PMP Update.

Executing the reimbursement agreement (“Exhibit A”) confirms the City’s participation in the regional program and will help the City prioritize the pavement network for rehabilitation and resurfacing projects, and;

WHEREAS, the City’s cost share of the regional program is $45,000. A cost share summary for each City can be found in “Exhibit B”. Should the City Council approve this request, adequate funding is available from the Measure X sales tax funds provided to the City for its Pavement Management Program costs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:

1. Approving the Pavement Management Program Update 2025 Reimbursement Agreement with the Transportation Agency for Monterey County (TAMC) for the City’s Pavement Management Program, and;

2. Authorize the City Manager to execute the Agreement on behalf of the City Council subject to final review and approval by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th day of December 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

__________________________
Anita Sharp, Deputy City Clerk

4 EXHIBIT A TO STAFF REPORT
PMP Update 2025 Reimbursement Agmt Page 1 of 7
[ AGENCY ]

MEASURE X
PAVEMENT MANAGEMENT PROGRAM UPDATE 2025 REIMBURSEMENT AGREEMENT between the

TRANSPORTATION AGENCY FOR MONTEREY COUNTY
and the
___________________

This Pavement Management Program Update 2025 Reimbursement Agreement (“AGREEMENT”) is effective as of the last date opposite the respective signatures below and is entered into by and between the Transportation Agency for Monterey County (“TAMC”) and the _____________ (“AGENCY”), collectively referred to as “PARTIES”.

RECITALS

1. WHEREAS, On November 8, 2016, the voters of Monterey County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (the “Act”), approved Measure X (TAMC Ordinance No. 2016-01) on the Monterey County Ballot, thereby authorizing TAMC to impose and administer the proceeds from a three-eighths cent transaction and use tax (“Measure X”);

2. WHEREAS, On [ Date ], AGENCY entered into a Master Programs Funding Agreement (“Master Agreement”) setting forth the mutual obligations and rights of TAMC and AGENCY with respect to the allocation of Measure X funds;

3. WHEREAS, One of AGENCYS obligations under the Master Agreement is to reinspect pavement conditions every three years for arterials and collectors and every six years for residential streets and local/rural roads unless otherwise approved by TAMC;

4. WHEREAS, TAMC is coordinating a joint procurement to assist agencies in meeting these requirements and to provide additional pavement management services as requested;

5. WHEREAS, TAMC issued a Request for Proposals (RFP) for pavement management services and Nichols Consulting Engineers was selected as the most qualified firm to perform the required services; and

6. WHEREAS, the AGENCY desires to enter into an agreement with the Agency to reimburse its proportionate share of the costs associated with the consultant services for the Pavement Management Program Update;

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:
5 EXHIBIT A TO STAFF REPORT
PMP Update 2025 Reimbursement Agmt Page 2 of 7
[ AGENCY ]

1. Scope of Services: TAMC shall procure and oversee consultant services provided by Nichols Consulting Engineers for the Pavement Management Program Update, including pavement condition re-inspections and any additional services requested by the AGENCY within the scope of work of TAMC’s agreement with Nichols Consulting Engineering.

2. Cost Sharing and Reimbursement: The AGENCY agrees to reimburse TAMC for its proportionate share of the total consultant costs, as outlined in Exhibit A (Cost Breakdown). Payment shall be made within 30 days of invoice receipt from TAMC.

3. Reporting and Coordination: TAMC shall provide regular updates to the AGENCY regarding project progress, deliverables, and expenditures. The AGENCY shall cooperate with TAMC and the consultant to facilitate timely completion of services.

4. Term: This AGREEMENT shall be effective upon execution and shall remain in effect until December 31, 2026, unless terminated earlier in accordance with Section II, Paragraph 2, Termination.

5. Termination: Either Party may terminate this Agreement with 30 days’ written notice.

In the event of termination, the AGENCY shall reimburse TAMC for any costs incurred up to the termination date.

6. Indemnification: Each Party shall indemnify, defend, and hold harmless the other Party from any claims, liabilities, or damages arising from its own acts or omissions in connection with this Agreement.

7. Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.

8. Integration: This Agreement represents the entire agreement of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein.

9. Applicable Law: This Agreement shall be governed by, and constructed and enforced in accordance with, the laws of the State of California.

10. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto. Any attempt at oral modification of this Agreement shall be void and of no effect.

6 EXHIBIT A TO STAFF REPORT
PMP Update 2025 Reimbursement Agmt Page 3 of 7
[ AGENCY ]

11. Notices: Notice required under this AGREEMENT shall be delivered personally by facsimile, or by first-class postage pre-paid mail to AGENCY and TAMC at the addresses listed below. Notice shall be deemed effective upon personal delivery or facsimile transmission, or on the third day after deposit with the U.S. Postal Service. AGENCY and TAMC shall give prompt notice of any change of address, including contact name and title. Unless otherwise changed according to these notice provisions, notices shall be addressed as follows:

FOR AGENCY: FOR TAMC:

Name Laurie Williamson
Title Senior Engineer
Address 55 B Plaza Circle
Address Salinas, CA 93901
Telephone 831.775.4415
Email address [email protected]

12. Waiver: Any waiver of any terms of this AGREEMENT shall be in writing signed by both parties hereto. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this AGREEMENT.

13. Non-Assignment: Neither party hereto may assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of the other party.

14. No Rights in Third Parties: Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party o any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement.

15. Headings: The headings in this AGREEMENT are for convenience only and shall not be used to interpret the terms of this AGREEMENT.

16. Construction of Agreement: The parties hereto agree that each party has fully participated in the review and revision of this AGREEMENT and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this AGREEMENT or any amendment to this AGREEMENT.

In Witness Whereof, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.

7 EXHIBIT A TO STAFF REPORT
PMP Update 2025 Reimbursement Agmt Page 4 of 7
[ AGENCY ]
[ Name of AGENCY ] (AGENCY) Transportation Agency for
Monterey County (TAMC)

By: By:

Name Todd A. Muck
Title Executive Director

Dated: Dated:

Approved as to Form and Legality:

By: By:

Name Shane Ebon Strong
Title TAMC Counsel

Dated: Dated:

8 EXHIBIT A TO STAFF REPORT
PMP Update 2025 Reimbursement Agmt Page 5 of 7
[ AGENCY ]

EXHIBIT A

FAIR SHARE COSTS OF THE _______________________ FOR
PAVEMENT MANAGEMENT PROGRAM UPDATE 2025 CONSULTING SERVICES

TASK DESCRIPTION COST
1 Project Management $
2 Database Review and Update $

3.1 Pavement Condition Surveys of
Residential and Local Roadways $

3.2 Pavement Condition Surveys of
Arterial and Collector Roadways $
4 Update Maintenance and
Rehabilitation
Strategies and Decision Tree
$
5 Budget Analysis and Funding Scenarios $

6.1 Final Reports $

6.2 Council Presentations $
7 Training and Technical Support $
8 GIS Linkage and Mapping $
9 Traffic Sign Inventory $
TOTAL ANTICIPATED COST $
NOT TO EXCEED AMOUNT $

9 EXHIBIT A TO STAFF REPORT
PMP Update 2025 Reimbursement Agmt Page 6 of 7
[ AGENCY ]

EXHIBIT B

PAVEMENT MANAGEMENT PROGRAM REQUIREMENTS

The approved ordinance for the Transportation Safety & Investment Plan (Measure X) outlines the requirements for the use of local road maintenance, pothole repair and safety funds . It includes a requirement for each jurisdiction to have a pavement management program . "Each city and the County of Monterey shall develop, or participate in the development of by TAMC, a pavement management program . They shall submit regular reports on the conditions of their streets, to ensure timely repairs and keep the pub lic informed. Development of the pavement management program by TAMC is eligible to be funded out of this program prior to distribution of funds to the cities and the County."

SYSTEM REQUIREMENTS: In order to receive Measure X funds, the cities and the County shall utilize a pavement management program (PMP) and submit regular reports on the conditions of their streets, to ensure timely repairs and keep the public informed. The pavement management program should utilize an approved software-based tool for analyzing pavement conditions and reports findings on rehabilitation/maintenance strategies based on funding levels. The pavement management program used by the jurisdiction must contain, at a minimum, the following features:

• Store the inventory all roadways within a jurisdiction (in a compatible database with other jurisdictions).

• Assess the condition of the roadways (based on seven distresses and three severity levels).

• Provide the current Pavement Condition Index (PCI) for the roadways (as per ASTM D6433).

• Identify all pavement sections needing maintenance, rehabilitation, or replacement.

• Calculate budget needs for maintenance, rehabilitation or replacement of deficient pavement sections (for the current year and the next three years at various overall condition levels).

• Develop maintenance strategies for the most cost-effective level of maintenance or repair appropriate at the time of the inspection.

• Generate pavement management program reports (in various formats).

10 EXHIBIT A TO STAFF REPORT
PMP Update 2025 Reimbursement Agmt Page 7 of 7
[ AGENCY ]

All jurisdictions must implement and maintain an approved Pavement Management Program (“StreetSaver” or equivalent). The “StreetSaver” Pavement Management Program developed by Metropolitan Transportation Commission (MTC) is the most utilized program in the Bay Area and would be an excellent program for this region as well. The use of the “StreetSaver” Pavement Management Program is recommended (but not required) since it would allow good compatibility between local jurisdictions and also provide regional benefits.

Jurisdictions may elect to use an alternative pavement management program provided it meets the above listed minimum requirements and receives written approval from TAMC.

The Agency will assist with the development of an overall pavement management implementation plan for this region with the participation and coordination of all the cities and the county. The Agency recommends the development of a regional system to benefit from a coordinated system. The regional system would be developed collaboratively between local jurisdictions. In order to have a regional database, it is recommended that all agencies utilize a common pavement management program. This would allow compilation of information on a regional basis. It would also create opportunities for interagency coordination and to guide regional transportation investments and planning.

UPDATE REQUIREMENTS: The jurisdictions must complete the following updates:

• Review and update the pavement information for all roads every two years.

• Pavement conditions must be re-inspected every three years for arterials and collectors.

• Pavement conditions must be re -inspected every six years for residential streets and local/rural roads, unless otherwise approved by TAMC. Pavement condition surveys may be done by either automated or manual inspections and may be done either individually or in conjunction with another agency . A percentage of the network can be scheduled each year so that the entire network is updated on a regular cycle.

REPORT REQUIREMENTS: All jurisdictions shall submit an annual Pavement Management Program Report Letter to TAMC no later than December 31 of each year the Measure X tax is in effect using the approved report letter format. It shall include all the highlighted information and shall be on local agency letterhead (see attached template).

All jurisdictions shall also participate in the biennial pavement needs survey conducted for the California Statewide Local Streets and Roads Needs Assessment and provide the requested roadway data for their jurisdiction.
11 NCE] - Standard Agreement
Approved by TAMC Board on October 22, 2025

DIRECT LABOR COSTS
TASK 1 TASK2

PROJECT DATABASE REVIEW HOURLY PROJECT STAFF ROLE MANAGEMENT AND UPDATE RATE

HRS COST HRS COST
S Misaghi, PE Project Manager $ 82.73 16 $1,324.00 8 $ 662.00 Marissa Bacig Deputy Proj Mgr $ 52.19 16 $ 835.00 10 $ 522.00 Vijay Pulijal, PE Principal $ 85.00 4 $ 340.00
J Signore, PhD, PE QC Manager $ 85.00
S Kedarisetty, PhD Project Engineer II $ 46.22 36 $1,664.00 18 $ 832.00 Saint Yoojaroen, Ell Project Engineer $ 42.79 33 $1,412.00 Paul Muse Asset Mgmt Aalyst $ 46.50
J Rajnowski/K Foxcroft Technician $ 29.52
L Alderete/T Buckinghan Administrative $ 25.54
SUBTOTAL, DIRECT LABOR COSTS 72 $4,163.00 69 $3,428.00

INDIRECT COSTS
OH RATE+ FRINGE BENEFITS (218.86% OF DIRECT LABOR) $9,111.00 $7,503.00 SUBTOTAL, DIRECT LABOR+ INDIRECT COSTS $13,274.00 $10,931.00 FIXED FEE (10% OF SUBTOTAL, DIRECT+ INDIRECT) $1,327.00 $1,093.00

OTHER DIRECT COSTS

MTC STREETSAVER

SUBCONSULTANT

TRAVLE / MILEAGE
REPRODUCTION / SUPPLIES $ 489.00 $ 71.00
SUBTOTAL, OTHER DIRECT COSTS $ 489.00 $ 71.00
TOTAL, DIRECT LABOR, INDIRECT, FIXED FEE & OTHER DIRECT $15,090.00 $12,095.00 Notes:

1. Principal and QC Manager hourly rates are discounted.

2. All jurisdictions participate in Tasks 1, 3 and 6.1.

PAVEMENT MANAGEMENT PROGRAM UPDATE 2025

COST BREAKDOWN BY TASK
TASK3 TASK4 TASKS TASK 6.1

PAVEMENT UPDATE M&R BUDGET ANALYSIS FINAL

CONDITION SURVEY DECISION TREE & FUNDING REPORT SCENARIOS

HRS COST HRS COST HRS COST HRS COST
8 $ 662.00 8 $ 662.00 40 $3,309.00
32 $1,670.00 12 $ 626.00 24 $1,253.00
4 $ 340.00 16 $1,360.00
42 $1,941.00 12 $ 555.00
48 $2,054.00 96 $4,108.00 320 $13,693.00
90 $4,185.00
648 $19,129.00
26 $ 664.00
822 $27,378.00 78 $4,589.00 128 $6,023.00 398 $18,221.00 $ S9,919.00 $10,043.00 $13,182.00 $39,878.00
$87,297.00 $14,632.00 $19,ZOS.00 $58,099.00
$8,730.00 $1,463.00 $1,921.00 $ S,810.00
$ 115,100.00
$30,609.00
$1,036.00 $ 259.00 $ 300.00 $1,800.00
$ 146,745.00 $ 259.00 $ 300.00 $1,800.00
$ 242,772.00 $16,354.00 $21,426.00 $65,709.00
TASK 6.2

COUNCIL

PRESENTATIONS

HRS COST
28 $2,316.00
100 $8,500.00
50 $2,140.00
8 $ 204.00
186 $13,160.00
$28,802.00
$41,962.00
$4,196.00
$1,225.00
$ 689.00
$1,914.00
$48,072.00

3. It is assumed that Task 3 will be completed before Summer 2026. Any changes to the schedule should account for the higher cost of lodging during the summer months.

4. Task 7 - The on-site field training portion of Task 7 will be conducted at no additional cost.

5. It is assumed that one (1) maintenance and rehabilitation decision tree meeting will be held for Task 4.

6. Automated inspections will be performed for the City of Soledad and Monterey County. Walking inspections will be performed for all other participating agencies.

7. Soledad will receive traffic sign inventory, which will run concurrently with condition surveys.

PMP Update 2025
TASK7

TRAINING

HRS COST
16 $1,324.00
258 $11,040.00
8 $ 204.00
282 $12,568.00
$27,506.00
$40,074.00
$4,007.00
$1,200.00
$ 245.00
$1,000.00
$2,445.00
$46,526.00
Small differences may exist in totals due to rounding issues TASKS

GIS LINKAGE

AND UPDATE

HRS COST
8 $418.00
160 $7,395.00
168 $7,813.00
$17,100.00
$24,913.00
$2,491.00
$496.00
$496.00
$27,900.00
TASK9

TRAFFIC SIGN TOTALS

INVENTORY
HRS
8 40
48 COST HRS CSOT
124 $10,259.00
$418.00 110 $5,742.00
104 $8,840.00
20 $1,700.00
268 $12,387.00
805 $34,447.00
$1,860.00 130 $6,045.00
648 $19,129.00
42 $1,072.00
$2,278.00 2,251 $99,621.00
$4,986.00 $ 218,030.00
$7,264.00 $ 317,651.00
$726.00 $31,764.00
$1,200.00
$4,960.00 $ 120,060.00
$32,079.00
$6,140.00
$4,960.00 $ 159,479.00
$12,950.00 $ 508,894.00
Not to Exceed Amount $ 509,000.00

Page 33 of 38 ends

EXHIBIT B TO THE STAFF REPORT
12 EXHIBIT B TO STAFF REPORT
13 December 2, 2025 Item No. 10g(4)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 16, 2025

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 25-

XXX, APPROVING TWO AGREEMENTS BETWEEN THE CITY OF
MARINA AND BEAR ELECTRIC AND CITY OF MARINA AND ST.

FRANCIS ELECTRIC FOR ON-CALL TRAFFIC SIGNAL AND

STREETLIGHT MAITENANCE SERVICES, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF

THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE
CITY ATTORNEY.

REQUEST:

It is requested that the City Council adopt Resolution No. 2025-:

1. Approving two agreements between the City of Marina and Bear Electric and between the City of Marina St. Francis Electric for On -Call Traffic Signal and Streetlight Maintenance Services, and;

2. Authorizing the City Manager to execute the agreements on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

The City regularly enters into various professional services contracts to support maintenance of city facilities and delivery of capital improvements. Examples of professional services that have been used in the past are design and testing services to support the delivery of projects within the capital improvement program and construction contractors to maintain city facilities. This process has been effectively used over the past several years to provide the various professional and maintenance services required for City business.

On September 3, 2025, the City Council approved the recommendation to solicit proposals for on- call traffic signal and streetlight maintenance services to streamline the contracting process and to respond to traffic signal and streetlight outages in a timelier fashion, as well as to develop a robust maintenance program.

On September 11, 2025, staff issued a Request for Proposals (RFP) for on-call traffic signal and streetlight maintenance services from five (5) qualified contractors. On October 28, 2025, the City received 3 proposals in response to the RFP. Two (2) of the contractors indicated they were unable to provide maintenance services due to the City’s distance from their facilities.

City staff from the Public Works Department reviewed the 3 proposals. One of the proposals was found non-responsive due to lack of required information. To have a sufficient pool of contractors to cover the city’s maintenance needs, staff selected both Bear Electric and St. Francis Electric to recommend for agreements. Staff selected the contractors based on their local familiarity, example projects, expertise, and proposal.

1 ANALYSIS:

The use of on -call services has been effectively used to streamline maintenance of city facilities and delivery of capital improvement projects. Many of the maintenance and professional service agreements the City enters into are under $25,000 and involve seeking proposals from contractors and firms specializing within their respective fields of service. This results in a repetitive process to qualify contractors and firms for maintenance and professional service agreements with the City.

Use of on-call service contracts reduces the staff time needed to contract for services.

The total amount of maintenance work to be requested and performed during each fiscal year term for each contractor cannot be well defined at the outset. However, the contractors and consultants will work on an on-call basis as defined by the City on a project-by-project basis. Accordingly, all work performed under the agreements will be pursuant to individual service orders that will have a specifically defined scope and schedule that will be negotiated on a project -by-project basis.

Further, the individual agreements will acknowledge that the individual service orders will dictate the work done under each agreement, up to the not to exceed amount.

Staff recommends that the contract terms be set to expire on June 30, 2028, with the option to extend for one additional year. The contract limit would be $500,000 per fiscal year, per contractor agreement, although the limit is not anticipated to be reached for either of the agreements.

EXHIBIT A is a copy of the draft consultant services agreement for the selected contractors.

FISCAL IMPACT:

This action only addresses the contracting process. The work to be performed under these on-call agreements has been budgeted for various projects in the Capital Improvement Program , as well as in Department of Public Work’s Operating Fund . There is no City obligation to expend any funds under these agreements. Staff will expend funds under these agreements to the extent authorized via City Council approved budget appropriations.

EXHIBITS:

Exhibit A: Draft Master Maintenance Agreement

Respectfully submitted

Ismael Hernandez
Public Works Director
City of Marina

REVIEWED/CONCUR:

Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING

TWO AGREEMENTS BETWEEN THE CITY OF MARINA AND BEAR ELECTRIC AND ST. FRANCIS ELECTRIC FOR ON -CALL TRAFFIC SIGNAL AND STREETLIGHT

MAITENANCE SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENTS ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

WHEREAS, the City has a need to contract with contractors for maintenance and professional services to support maintenance of city facilities and the delivery of capital improvement projects; and

WHEREAS, the selection process for maintenance and professional services can be efficiently accomplished by establishing a number of on-call services contracts with various contractors and consulting firms; and

WHEREAS, on September 3, 2025, the City Council approved the recommendation to solicit proposals for on-call traffic signal and streetlight maintenance services to streamline the contracting process and to respond to traffic signal and streetlight outages in a timel ier fashion, as well as to develop a robust maintenance program; and

WHEREAS, on September 11, 2025, staff issued a Request for Proposals (RFP) for on -call traffic signal and streetlight maintenance services from five (5) qualified contractors; and

WHEREAS, on October 28, 2025, the City received 3 proposals in response to the RFP. Two (2) of the contractors indicated they were unable to provide maintenance services due to the City’s distance from their facilities; and

WHEREAS, City staff from the Public Works Department reviewed the 3 proposals. One of the proposals was found non-responsive due to lack of required information. To have a sufficient pool of contractors to cover the city’s maintenance needs, staff selected both Be ar Electric and St. Francis Electric to recommend for agreements. Staff selected the contractors based on their local familiarity, example projects, expertise, and proposal; and

WHEREAS, each consultant contract will be set to expire on June 30, 2028 with the option to extend the period of the contract by one year, and the contract limit for each consultant agreement will be $ 500,000 per fiscal year.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Marina hereby:

1. Approves agreements between the City of Marina and Bear Electric and St. Francis Electric for on-call traffic signal and streetlight maintenance services; and

2. Authorizes the City Manager to execute the agreements with Bear Electric and St. Francis Electric on behalf of the City, subject to final review and approval by the City’s Attorney.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th day of December 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor

ATTEST:
___________________________
Anita Sharp, Deputy City ClerK
3 1

CITY OF MARINA

AGREEMENT FOR ON-CALL TRAFFIC AND STREETLIGHT MAINTENANCE SERVI
CES
THIS AGREEMENT is made and entered into on____________ _____, 2025, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and _____________________, a California Corporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.

Recitals
A. City desires to retain Contractor for on-call Traffic Signal and Streetlight Maintenance services associated with various City projects described generally by Exhibit A – Contractor shall provide services pertaining to City projects and shall perform standby and support services for City as determined by the City Engineer.

B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services in accordance with the terms of individual service orders as set forth herein.

C. City desires to retain Contractor to provide such services.

Terms and Conditions
For of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:

1. Scope of Work.
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. The Contractor shall be available to perform services under this Agreement as needed during the term of the Agreement.

With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.
(b) All work performed under this Agreement shall be authorized in advance and in writing by a specific Service Order prior to the commencement of services. Each Service Order given by the City shall describe the nature of the specific task or service to be performed by the Contractor, the time limit or estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Contractor shall perform, the geographic limits, if any, the type and scope of task or services to be performed, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Contractor shall not perform any task or service unless authorized by a fully executed Service Order. Contractor shall advise the Project Administrator in writing immediately of any anticipated change in any task or service, fee or time schedule, and shall obtain the Project Administrator’s prior written consent to the change prior to making any changes. In no event shall the Project Administrator’s consent be construed to

EXHIBIT A
4 2
relieve the Contractor from its duty to render all services or perform all tasks in accordance with app
licable law and accepted industry standards.

(c) Contractor shall begin work under the Service Order only after receipt of the Service Order bearing the approval signature of the City Engineer. Each authorized Service Order issued under this Agreement by City shall be incorporated by reference as an integral part of Exhibit A and into the terms and conditions of this Agreement.

(d) The City’s Project Administrator may, without invalidating this Agreement, order changes in any tasks or service to be performed pursuant to a Service Order by altering, adding to or deducting from the task or services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such change causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any of the tasks or services, the Contractor shall so notify the Project Administrator. If appropriate an equitable adjustment to the Contractor’s compensation may be made, provided that any adjustment must be pre-approved by the parties in writing; with the City’s approval coming from the Project Administrator.

(e) Contractor shall perform all such work with skill and diligence and pursuant to ge
nerally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred.

(f) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(c)(1-4), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.

(g) Contractor is responsible for making an independent evaluation and judgment of all re
levant conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.

(h) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work described in Exhibit “A" and the executed Service Orders. Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.

2. Term of Agreement & Commencement of Work.

EXHIBIT A
5 3
(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its fu
ll execution and shall expire on June 30, 2028, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:

(i) This Agreement has been approved by the City's Council or by the officer or employee authorized to give such approval, and;

(ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form, and;

(iii) This Agreement has been signed on behalf of Contractor by the person or pe
rsons authorized to bind the Contractor hereto, and;

(b) This Agreement may be extended up to one (1) year upon written agreement of both pa
rties. Contractor may be required to prepare a written schedule for the work to be performed under any Service Order, which schedule shall be approved by the City’s Project Administrator and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.

3. Compensation.

(a) City liability for compensation to Contractor under this Agreement shall only be to
the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in accordance with the provisions of this Section and the hourly rates attached hereto as Exhibit B and incorporated herein by this reference.

The total annual compensation under this agreement shall be limited to $100,000 per fiscal year, which runs from July 1 to June 30, and the remainder of the first fiscal year of the Agreement.

(b) The City will pay the Contractor under Service Orders on a time and ma
terials/reimbursable expenses (T&M) basis. The hourly rate and reimbursable schedule in Exhibit B applies to all Service Orders.

(c) This Agreement is for Contractor to perform “on call” services or tasks and as such it is a standby Agreement to assign work to the Contractor from time-to-time as needed and as appropriate. There is no minimum compensation for this engagement or for any work assigned pursuant to this On-Call Agreement and no guarantee that any work will be assigned to Contractor during its term.

(d) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) not more frequently than once during every month and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptions or disputed items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.

EXHIBIT A
6 4
(e) Contractor will maintain clearly identifiable, complete and accurate records with re
spect to all costs incurred under this Agreement on an industry recognized accounting basis.

Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour's notice for a period of four years from the date of final payment under this Agreement.

(f) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of a Service Order but which is not included within the Service Order and which the parties did not reasonably anticipate would be necessary at the execution of the Service Order.

(f) Expenses not otherwise addressed in the Service Order or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)) and reimbursed to Contractor.

4. Termination or Suspension.

(a) This Agreement may be terminated in whole or in part in writing by either party in the ev
ent of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.

(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of the Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.

(c) The City may terminate or suspend this Agreement at any time for its convenience up
on not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.

(d) If termination for default is affected by the Contractor or if termination for co
nvenience is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.

5. Project Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Administrator the Public Works Director/City Engineer, Br
ian McMinn, who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.

EXHIBIT A
7 5

(b) Contractor designates , as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term as designated in Service Orders.

(c) Contractor warrants that it will continuously furnish the necessary personnel to complete each Service Order on a timely basis as contemplated by this Agreement. The contractor, at the sole discretion of City, shall remove from the task or service any of its personnel assigned to the performance of services upon written request of City. The contractor may be required to represent to City that certain key personnel will perform and coordinate the work under a Service Order. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City Administrator. In the event that City Administrator and Project Manager cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

6. Delegation of Work.

(a) If Contractor utilizes any subcontractors, Contractors, persons, employees, or firms ha
ving applicable expertise to assist Contractor in performing tasks or services under this Agreement, Contractor shall obtain City's prior written approval to such employment.

Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. The contractor will be fully responsible and liable for the administration, completion, presentation, and quality of all work performed. City reserves its right to employ other contractors in connection with this Project.

(b) If work hereunder is performed by a design professional, the design professional shall be directly involved with performing the work or shall work through his, her or its employees.

The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts, errors, or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.

(c) The City is an intended beneficiary of any work performed by a subcontractor for the purpose of establishing a duty of care between the subcontractor and the City.

7. Skill of Employees . Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training, and experience to properly perform such services.

8. Confidential and Proprietary Information . While performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should Contractor undertake the work on behalf of other agencies, entities, firms, or persons relating to the matters described in any Service Order, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.

EXHIBIT A
8 6

9. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. The contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. The contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the city at the commencement of this Agreement. The contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and the applicable Service Order, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and the applicable Service Order and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. All liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.

10. Conflict of Interest.

(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall ac
quire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. The contractor shall represent the interest of the City in any discussion or negotiation.

(b) City understands and acknowledges that Contractor may be, as of the date of co
mmencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. The contractor is unaware of any stated position of the city relative to such projects. Any future position of the city on such projects may result in a conflict of interest for the purposes of this section.

(c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or approving this Agreement, during the term of his or her tenure or service with City and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising there from.

EXHIBIT A
9 7

11. Disclosure. Th e contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.

12. Non-Discrimination.

(a) The Contractor’s signature affixed herein and dated shall constitute a certification un
der penalty of perjury under the laws of the State of California that the Contractor has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

(b) During the performance of this Agreement, Contractor and its sub-contractors shall no
t deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractors and sub-contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

(c) Contractor and sub-contractors shall comply with the provisions of the Fair Em
ployment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

(d) Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require ascertaining compliance with this clause.

(e Contractor and its sub-contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

(f) Contractor shall include the nondiscrimination and compliance provisions of this Section in all subcontracts.

13. Indemnification & Hold Harmless.

(a) Other than in the performance of professional services by a design professional, which sha
ll be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall indemnify, immediately defend (with independent counsel reasonably acceptable to the City) and hold harmless the City, its Council, boards, commissions, employees, officials

EXHIBIT A
10 8
and agents (collectively "Indemnified Parties" or in the singular "Indemnified Party") from and aga
inst any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, expert witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where same arise out of the performance of this Agreement by Contractor, its officers, employees, agents and sub-contractors. The duty to defend is a separate and distinct obligation from the Contractor’s duty to indemnify and Contractor shall be obligated to defend in all legal, equitable, administrative or special proceedings upon tender to the Contractor of any claim in any form or at any stage of an action or proceeding, whether or not liability is established and the obligation extends through final judgment including exhaustion of any appeals. The Contractor’s obligation to indemnify applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally determined that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined by said section 2782.8(c)(2) (“Design Professional”) Design Professional shall indemnify, protect and hold harmless any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional, or such acts or omissions of an officer, employee, agent or subcontractor of the Design Professional. Design Professional shall not have an immediate duty to defend an Indemnified Party, however, Design Professional’s obligation to indemnify (including reimbursing the cost to defend) and hold the Indemnified Parties harmless applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally determined that liability was caused by the comparative active negligence or willful misconduct of an Indemnified Party the Design Professional’s indemnification obligation shall be reduced in proportion to the established comparative liability. Within 30 days following Design Professional’s receipt of a properly presented written invoice Design Profession shall reimburse the Indemnified Party for the cost of reasonable attorney’s fees and defense costs incurred by the Indemnified Party to the same extent of Design Professional’s indemnity obligation herein. In no event shall the cost to defend charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault.

(c) The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees, and officials. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

EXHIBIT A
11 9
Indemnified Party at Contractor's expense by independent counsel reasonably acceptable to the Cit
y. Unless otherwise provided above, an Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended. If it is finally adjudicated that liability for which Contractor has provided an immediate defense was caused by the sole active negligence or sole willful misconduct of an Indemnified Party, Contractor may submit a claim to the City for reimbursement of reasonable attorney’s fees and defense costs.

(e) This obligation to indemnify and defend, as set forth herein, is binding on the successors, assigns, or heirs of the Contractor and shall survive the termination of this Agreement or this Section.

14. Insurance.

(a) As a condition precedent to the effectiveness of this Agreement and without limiting Co
ntractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attached hereto and made a part hereof and as may be required for any Service Order. The contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the city before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content. Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) provide City at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program. The contractor’s insurance is not expected to respond to claims that may arise from the acts or omissions of the City.

(b) City reserves the right at any time during the term of this Agreement to change the am
ounts and types of insurance required for any Service Order issued as provided herein by giving Contractor ten days advance written notice of such change.

(c) All required insurance must be submitted and approved to the City Attorney and Risk Manager prior to the inception of any operations by Contractor.

(d) The required coverage and limits are subject to availability on the open market at a reasonable cost as determined by the City. Non-availability or non-affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.

EXHIBIT A
12 10
apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a wai
ver of subrogation in favor of the city is required.

15. Independent Contractor. The parties agree that Contractor, its officers, employees, and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.

16. Claims for Labor and Materials . Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.

17. Discounts. Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein and apply such discounts to payment made under this Agreement which meet the discount terms.

18. Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement, including, without affecting Contractor’s cost or compensation, advancing their mutual commitment to and recognition of the value of diversity and inclusion in the workforce.

19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties.

The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. The venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.

20. Compliance with Laws.

(a) Each party's performance hereunder shall comply with all applicable laws of the Un
ited States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced, and interpreted under the laws of the State of California. Contractor shall comply with new, amended, or revised laws, regulations or procedures that apply to the performance of this Agreement. , those dealing with prevailing wages, apprentices, certified payrolls and hours of work.

EXHIBIT A
13 11
(b) Contractor shall c onduct all work in strict accordance with applicable regulations and
guidelines adopted by the California Department of Public Health (CDPH) and the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health, Safety for the prevention of COVID-19 and the regulations and guidelines for the prevention of COVID - 19 adopted by the County of Monterey and by the City.

(c) Contractor represents that it has obtained and presently holds all permits and licenses ne
cessary for performance hereunder, including a Business License required by the City's Business License Ordinance. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.

(d) This Agreement is not intended and shall not be utilized for a public work as that te
rm is used in California Labor Code Section 1720 et seq.

21. Assignment or Transfer . This Agreement or any interest herein may not be assigned, hypothecated, or transferred, either directly or by operation of law, without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.

22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:

To City: Cit y Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148

To Contractor:

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if
mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.

23. Amendments, Changes or Modifications . This Agreement and any Service Order are not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.

24. Force Majeure . Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement and any Service Order if such failure shall be due to causes beyond Contractor's or the City's control. Such causes include but are not limited to: strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.

EXHIBIT A
14 12

25. Attorney's Fees . In the event of any controversy, claim or dispute relating to this Agreement, any Service Order, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

26. Successors and Assigns. All the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.

27. Authority to Enter Agreement . The contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement and any Service Order.

Each party warrants that the individuals who have signed this Agreement and shall sign Service Orders have the legal power, right and authority to make this Agreement and bind each respective party.

28. Waiver. A waiver of a default of any term of this Agreement or the terms and conditions of any Service Order shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.

29. Severability. Should any portion of this Agreement or any Service Order be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.

30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays.

The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content, or intent of this Agreement.

31. Advice of Counsel. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.

32. Counterparts.

This Agreement and any Service Order may be signed in counterparts, each of which shall constitute an original.

33. Time. Time is of the essence in this contract.

34. Entire Agreement . This Agreement together with the Service Orders to be issued hereunder contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid. . The exhibits attached hereto and the Service Orders to be attached as part of Exhibit A are incorporated into this Agreement. In the event of a conflict between the terms of this Agreement and any exhibit of Service Order, the terms of this Agreement shall control.

EXHIBIT A
15 13
IN WITNESS WHEREOF , t he Contractor and the City, by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Marina, California.

CITY OF MARINA CON TRACTOR

By: By:

Layne P. Long Name:

City Manager Its:

Date: Date:

Attest:

Per Resolution 2024 - ___

By:

Anita Shepherd-Sharp
Deputy City Clerk

Approved as to form:

By:

City Attorney

EXHIBIT A
16 EXHIBITS A & B

GENERAL DESCRIPTION OF SERVICES

EXHIBIT A
17 C-1
Exhibit C - Insurance

The contractor agrees to provide insurance in accordance with the requirements set forth herein.

If
Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement, or endorse the existing coverage to do so. The contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the city before any work commences. The City reserves its right to require complete, certified copies of all required insurance policies at any time. The following coverage will be provided by the Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.

Commercial General Liability (primary). Commercial general liability insurance covering Contractor's operations (and products where applicable) is required whenever the City is at risk of third- p a r t y claims which may arise out of Contractor's work or presence on City premises.

Contractual liability coverage is a required inclusion in this insurance.

Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total limits shall be no less than one million dollars ($1,000,000) combined single limit per occurrence for all coverages. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate limit shall be two million dollars ($2,000,000). The contractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate. If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacement insurance protection to the satisfaction of the City Attorney and Risk Manager.

City, its Council, boards and commissions, officers, employees, agents, and volunteers shall be added as additional insureds using ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omissions of the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement.

There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.

Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, contractual liability and completed operations at a minimum, and shall be in an amount of not less than two mission dollars ($2,000,000) and include a “drop down” provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage.

EXHIBIT A
18 C-2
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to pol
icy limits. There shall be no cross- l i a b il it y exclusion and no contractor's limitation endorsement. Policies limits shall be not less than one million dollars ($1,000,000) per occurrence and in the aggregate, above any limits required in the underlying policies shall have starting and ending dates concurrent with the underlying coverage.

Business Auto. Aut omobile liability insurance is required where vehicles are used in performing the work under this Agreement or where vehicles are driven off-road on City premises, it is not required for simple commuting unless City is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.

If automobile insurance is required for work under this Agreement, primary coverage shall be wri
tten on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or on an ISO or ACORD form providing coverage at least as broad as CA 00 01 10 01 approved by the City Attorney and Risk Manager. Coverage shall be endorsed to stated that the City, its Council, boards and commissions, officers, employees, agents, and volunteers shall be added as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the commercial general liability policy described above is acceptable.

Workers’ Compensation/Employers’ Liability. Wor
kers' Compensation and Employer's
Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the State's Consent to Self-Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing workers’ compensation statutory benefits as required by law.

Employers’ liability limits shall be no less than one million dollars ($1,000,000) per accident or disease and shall be scheduled under any umbrella policy described above. Unless otherwise agreed, policy(s) shall be endorsed to waive any right of subrogation as respects the City, its Council, boards and commissions, officers, employees, agents and volunteers.

Property Insurance. Pro
perty insurance, in a form and amount approved by the City Attorney and Risk Manager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee As Its Interest May Appear in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.

Errors and Omissions/Professional Liability. Errors and Omissions or professional liability coverage appropriate to Contractor's profession, in a form and amount approved by the City Attorney and Risk Manager, will be specified on a Service Order-specific basis if Contractor is working as a licensed professional. The contractor shall maintain such insurance for a period of five years following completion of work or services. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Contractor shall maintain such insurance in place for a period of five years following completion of work or services provided under this Agreement. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than commencement of the work or services under this Agreement.

EXHIBIT A
19 C-3

Contractor and City further agree as follows:

a) Th
is Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

b) Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.

c) All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

d) Requirements of specific coverage features or limits contained in this Exhibit are not in
tended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

e) For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement.

f) All general or auto liability insurance coverage provided pursuant to this Agreement, or an
y other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, Contractor’s employees, or agents from waiving the right of subrogation prior to a loss. The contractor hereby waives all rights of subrogation against the City.

g) Unless otherwise approved by City, Contractor’s insurance shall be written by insurers au
thorized and admitted doing business in the State of California with a minimum “Best’s” Insurance Guide Rating of “A: VII.” Self-insurance will not be considered to comply with these insurance specifications.

h) In the event any policy of insurance required under this Agreement does not comply wi
th these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor.

i) Contractor agrees to provide evidence of the insurance required herein, satisfactory to City Attorney and Risk Manager, consisting of certificate(s) of insurance evidencing all the coverages required and an additional endorsement to Contractor’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete

EXHIBIT A
20 C-4
the word “endeavor” with regard to any notice provisions. Contractor agrees to provide complete cop
ies of policies to City within ten days of City's request for said copies.

j) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverage.

k) Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.

l) The contractor agrees to require all subcontractors or other parties hired for this Project to provide workers' compensation insurance as required herein and general liability insurance naming as additional insureds all parties to this Agreement. The contractor agrees to obtain certificates evidencing such coverage and makes reasonable efforts to ensure that such coverage is provided as required here. The contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City, will be submitted to City for review. The contractor acknowledges that such contracts or agreements may require modification if the insurance requirements do not reflect the requirements herein. Failure of City to request copies of such agreements will not impose any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.

m) If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

n) The contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. The city assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.

o) Coverage will not be limited to the specific location or individual entity designated as the address of the Project. The contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which the Contractor conducts operations of any type on behalf of City. Contractor warrants that these limits will not be reduced or exhausted except for losses attributable to those specific locations and not by losses attributable to any other operations of Contractor.

p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions, officers, employees, agents, and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes.

r) Contractor agrees to ensure that coverage provided to meet these requirements is ap
plicable separately to each insured and that there will be no cross- l i a b i l i t y exclusions that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City and any party associated with City or its employees.

EXHIBIT A
21 s) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella li
ability insurance, with a limit of not less than two million dollars ($2,000,000) each occurrence for at least three years following substantial completion of the work.

u) City reserves the right to modify the insurance requirements set forth herein in accordance with the terms of any specific Service Order issued as provided by the Agreement.

EXHIBIT A
22 December 2, 2025 Item No. 10h(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 16, 2025

RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO.
2025-, ACCEPTING THE DEDICATION OF P UBLIC IMPROVEMENTS AS SHOWN ON THE APPROVED SEA HAVEN PHASE 3B

IMPROVEMENT PLANS AND FINAL MAP, AND AUTHORIZING THE

CITY CLERK TO RELEASE BOND SECURITIES , ACCEPT A

WARRANTY BOND, AND RECORD ACCEPTANCE WITH THE
MONTEREY COUNTY RECORDER’S OFFICE

RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 20 25-, accepting the dedication of Public Improvements as shown on the approved Sea Haven Phase 3B Improvement Plans and Final Map, and;

2. Authorize the City Clerk to release bond securities, accept a warranty bond, and record acceptance with Monterey County Recorder’s Office.

BACKGROUND:

At the regular meeting of March 16, 2021 , the City Council adopted Resolution No. 2021-18, approving a Public Improvement Agreement for Sea Haven Phase 3B between the City of Marina and the Contracting Parties associated with the Sea Haven Residential Development (Developer).

At the same meeting , City Council adopted Resolution No. 2021-19, approving the Phase 3B Final Map for the Sea Haven Development Project Subdivision (formerly Marina Heights).

The Final Map of Tract No. 1549, recorded in the Monterey County Recorders Office in Volume 24 of Cities and Towns, at page 72 specifies the dedications for public use as part of the Owner’s Statement (“ EXHIBIT A ”). Streets dedicated to the City on this map include Arroyo Drive, Bonte Court, Lassen Way, Pinnacles Way, Russell Way and Shasta Way.

The Developer has filed with the City Clerk a Faithful Performance bond and a Labor and Materials bond each in the amount of $2,184,358.88.

ANALYSIS:

The Improvements required by the improvement plans entitled “ Improvement Plans for Preserve & Residences Sea Haven Phase 3B” (“ Improvement Plans ”), and approved by the City Engineer on December 14, 2021 , were completed by the Developer in substantial conformance with the approved Improvement Plans for the project.

The Public Improvement Agreement states that a Guarantee and Warranty period will remain for one year after acceptance of the Improvements by the City Council.

1 Therefore, a request is being made by the Developer to release all of the Faithful Performance Bond & Labor and Materials bond. A new bond of 10% of the original Performance bond ($218,435.89) for public improvements will remain with the City Clerk as the Guarantee and Warranty Security for one (1) year after acceptance. Any repairs required during the Guarantee and Warranty period will be made by the Developer, or the costs w ill be recovered from said bond. After the Warranty period, maintenance responsibilities for pavement improvements will be covered by the City and financed through the City’s Pavement Management Program.

FISCAL IMPACT:

The fiscal impacts for maintenance of these improvements after the warranty period shall be incorporated into the City’s existing street maintenance budget.

CONCLUSION:

This request is submitted for City Council consideration and possible action.

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

____________________________
Ismael Hernandez
Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

ACCEPTING THE DEDICATION OF PUBLIC IMPROVEMENTS AS SHOWN ON THE APPROVED SEA HAVEN PHASE 3B IMPROVEMENT PLANS AND FINAL

MAP, AND AUTHORIZING THE CITY CLERK TO RELEASE BOND SECURITIES,

ACCEPT A WARRANTY BOND, AND RECORD ACCEPTANCE WITH THE
MONTEREY COUNTY RECORDER’S OFFICE

WHEREAS, at the regular meeting of March 16, 2021, the City Council adopted Resolution No. 2021-18, approving a Public Improvement Agreement for Sea Haven Phase 3B between the City of Marina and the Contracting Parties associated with the Sea Haven Residential Development (Developer). At the same meeting, City Council adopted Resolution No. 2021 -19, approving the Phase 3B Final Map for the Sea Haven Development Project Subdivision (formerly Marina Heights), and;

WHEREAS, the Final Map of Tract No. 1549, recorded in the Monterey County Recorders Office in Volume 24 of Cities and Towns, at page 72 specifies the dedications for public use as part of the Owner’s Statement (“EXHIBIT A”). Streets dedicated to the City on this map include Arroyo Drive, Bonte Court, Lassen Way, Pinnacles Way, Russell Way and Shasta Way, and;

WHEREAS, the Developer has filed with the City Clerk a Faithful Performance bond and a Labor and Materials bond each in the amount of $2,184,358.88, and;

WHEREAS, the Improvements required by the improvement plans entitled “Improvement Plans for Preserve & Residences Sea Haven Phase 3B” (“ Improvement Plans”), and approved by the City Engineer on December 14, 2021, were completed by the Developer in substantial conformance with the approved Improvement Plans for the project, and;

WHEREAS, the Public Improvement Agreement states that a Guarantee and Warranty period will remain for one year after acceptance of the Improvements by the City Council, and;]

WHEREAS, therefore, a request is being made by the Developer to release all of the Faithful Performance Bond & Labor and Materials bond. A new bond of 10% of the original Performance bond ($218,435.89) for public improvements will remain with the City Clerk as the Guarantee and Warranty Security for one (1) year after acceptance. Any repairs required during the Guarantee and Warranty period will be made by the Developer, or the costs will be recovered from said bond. After the Warranty period, maintenance responsibilities for pavement improvements will be covered by the City and financed through the City’s Pavement Management Program, and;

WHEREAS, the fiscal impacts for maintenance of these improvements after the warranty period shall be incorporated into the City’s existing street maintenance budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:

1. Accept the dedication of Public Improvements as shown on the approved Sea Haven Phase 3B Improvement Plans and Final Map

2. Authorize the City Clerk to release Performance, and Labor and Materials bond securities;

3 Resolution No. 2025-,
Page Two

3. Authorize the City Clerk to accept a warranty bond, and;

4. Authorize the City Clerk to record acceptance with Monterey County Recorder’s Office.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th day of December 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_______________________
Bruce Delgado, Mayor
ATTEST:

_________________________
Anita Sharp, Deputy City Clerk

4 EXHIBIT A TO STAFF REPORT
5 6
7 8
9 10
11 12

EXHIBIT B TO

STAFF REPORT
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 Agenda Item: 10L(1)
December 18, 2025
ORDINANCE NO. 2025-19

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE MARINA MUNICIPAL CODE
WHEREAS, as of January 1, 2025, Section 22500(n) of the California Vehicle Code makes it illegal in California to park within twenty (20) feet of the approach of any marked or unmarked crosswalk, even if the approach does not have painted red curbs, pursuant to Assembly Bill 413 (AB 413); and WHEREAS, the City desires to amend Marina Municipal Code (MMC) to implement parking restrictions per AB 413 (CVC Section 22500(n)); and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES ORDAIN AS FOLLOWS:

Section 1. Findings.

The City Council finds and determines the recitals set forth above to be true and correct and by this reference, incorporates the same herein as findings.

Section 2. The City of Marina does hereby amend Title 10 (Vehicles and Traffic) of the Marina Municipal Code to add subsection 10.40.040.K to Section 10.40.040 (No Parking Areas), Chapter

10.40 of Title 10 as follows:

10.44.040.K. Vehicles are prohibited from stopping, standing, or parking within 20 feet of the vehicle approaching side of any unmarked or marked crosswalk or 15 feet of any crosswalk where a curb extension is present.

Section 3. California Environmental Act (CEQA).

Approval of this ordinance is not a project subject to the California Environmental Quality Act pursuant to the commonsense exemption found in section 15061(b)(3) of the CEQA Guidelines.

Section 4. Severability.

It is the intent of the City Council of the City to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, par agraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, para graph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.

Section 5. Effective Date.

This ordinance shall be in full force and effect thirty (30) days following its passage and adoption, as certified by the City Clerk.
1 Ordinance No. 2025-19
Page Two

This ordinance was introduced and read on the 2nd day of December 2025 and was finally adopted on the 16th day of December 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_______________________________
Bruce Delgado, Mayor
ATTEST:

_______________________________
Anita Sharp, Deputy City Clerk

2 ORDINANCE NO. 2025-20

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING A THIRD AMENDMENT TO DEVELOPMENT

AGREEMENT WITH TRUMARK COMPANIES, LLC FOR THE SEA

HAVEN PROJECT (FORMERLY MARINA HEIGHTS)

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development Agreement Statute") which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of Marina (the "City") has enacted Chapter 4.04 of the Marina Municipal Code (the "Development Agreement Regulations") to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute; and WHERAS, the Marina Heights/Sea Haven project and Development Agreement was approved by the Marina City Council in 2004. As market, environmental, and construction challenges have arisen, the City and Developer(s) have needed to amend the original Development Agreement which it has done twice (“Amended Development Agreement”); and WHEREAS, the Third Amendment to the DA seeks to transfer the responsibility for the construction of the 18 -acre Sea Haven Park (Park) from the current developer (Trumark Companies, LLC or “Trumark” or “Developer”) to the City of Marina; and

WHEREAS, this transfer of the Park construction obligation to the City is in the City’s best interest as explained in the City staff’s report, which is incorporated by reference as if fully set forth herein; and
WHEREAS, the City has the funds to complete the Park construction such that it does not need an additional Developer contribution of $900,000, which it would simply need to reimburse Developer on per unit basis at such time as Developer was issued a building permit after completion of the Park; and
WHEREAS, City is finalizing the plans for the Park, scheduling to open the bidding process in December 2025, and have a contractor on-board to begin construction in spring 2026; and
WHEREAS, the City and Developer have negotiated the terms of the Third Amendment to the Development Agreement (the "Third Amendment") amending the terms of the Amended Development Agreement; and
WHEREAS, on November 25, 2003, the City Council of the City of Marina certified the final environmental impact report for the Sea Haven Project (State Clearing House Number 2003021012) and on March 3, 2004, the City Council approved a supplement to the final EIR ("EIR"). The EIR served as the environmental review for the Project and the project approvals and entitlements as well as for the approval of the Development Agreement. In summary , Section 15162 of the CEQA Guidelines states that if an EIR or negative declaration has been adopted for a project, no subsequent EIR is to be prepared unless there have been substantial changes to the project which would involve new significant environmental impacts or a Agenda Item: 10L(2)
December 16, 2025
1 substantial increase in the severity of previously identified environmental impacts, substantial changes with respect to the circumstances under which the project is undertaken which would involve new significant environmental impacts or a substantial increase in the severity of previously identified environmental impacts, or new information of substantial im portance shows that the project would have significant effects not discussed in the EIR, or mitigation measure or alternatives are identified that woul d substantially reduce significant effects of the project, but the project proponents decline to adopt them. Since certification of the EIR, none of these conditions have occurred; and
WHEREAS, pursuant to Section 65867 of the Government Code, the Planning Commission held a duly noticed public hearing on November 13, 2025, on amending the Development Agreement consistent with the terms of the Third Amendment to the Development Agreement during which public hearing the Planning Commission received comments from the Developer, City staff, and members of the general public; and WHEREAS, following said public hearing, the Planning Commission, recommended approval of the Third Amendment to the Development Agreement to the City Council; and WHEREAS, pursuant to Section 65867 of the Government Code, the City Council, on December 2, 2025, held a duly noticed public hearing on the Second Amendment to the Development Agreement during which public hearings, the City Council received comments from the Developer, project consultants, City staff, and members of the general public;

THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Amended Development Agreement and the Third Amendment to the Development Agreement as shown in EXHIBIT A and substantially in the form on file with the City Clerk as of the date of passage of this Ordinance, subject to the provisions of Section 5 hereof.

SECTION 2 . This Ordinance is adopted under the authority of Government Code Section 65864 et seq., and pursuant to Chapter 4.04 of the Municipal Code of the City of Marina, which was added by City Ordinance No. 2003-04, establishing procedures and requirements for consideration of development agreements pursuant to Government Code Section 65864 et seq. (the "Development Agreement Regulations").

SECTION 3. In accordance with Section 4.04.090 of the Municipal Code of the City of Marina, the City Council hereby finds and determines, as follows:
(a) The Third Amendment to the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the Specific Plan and the General Plan, as amended;
(b) The Third Amendment to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the Property which is subject to the Development Agreement is located; (c) The Third Amendment to the Development Agreement is in conformity with public convenience, general welfare and good land use practice; (d) The Third Amendment to the Development Agreement will not be detrimental to the public health, safety and general welfare;
2 (e) The Third Amendment to the Development Agreement will not adversely affect the orderly development of property or the preservation of property values; and (f) The Third Amendment to the Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5. (g) Based on the information provided that no new environmental review for the project is required pursuant to CEQA Guidelines Section 15162 and that the Final EIR shall serve as the environmental review for the approval of the Second Amendment to the Development Agreement.

SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct; (b) The Final EIR;
(c) The City's General Plan;
(d) The Marina Zoning Map;
(e) All City staff reports (and all other public reports and documents) prepared for the Planning Commission, City Council, or others relating to the Final EIR, the Specific Plan, the General Plan Amendments, the Development Agreement, the First Amendment and the Second Amendment and other actions relating to the Property;
(f) All documentary and oral evidence received at public hearing or submitted to the Planning Commission or City during the comment period relating to the First Amendment, the Second Amendment, and Third Amendment; and (g) All other matters of common knowledge to the City Council, including, but not limited to the City's fiscal and financial status; City policies and regulations; reports, projections and correspondence related to development within and surrounding the City; State laws and regulations and publications.

SECTION 5 . The City Council hereby approves the Third Amendment to the Development Agreement, substantially in the form on file with the City Clerk subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager prior to execution thereof, including but not limited to completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, as amended and as approved by the City Council.

SECTION 6. Upon the effective date of this Ordinance as provided in Section 9 hereof, the City Manager and City Clerk are hereby authorized and directed to execute and records the Third Amendment to the Development Agreement on behalf of the City of Marina.

SECTION 7. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Third Amendment to the Development Agreement and the Amended Development Agreement pursuant to the terms of the Amended Development Agreement as amended by the Third Amendment, including but not limited to provisions for certain administrative amendments and transfers and assignments as authorized therein.
3 SECTION 8 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

SECTION 9. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption, as certified by the City Clerk.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Marina City Council on the 2nd day of December 2025 and was passed and adopted at a regular meeting of the Marina City Council on the 16th day of December 2025.

AYES, COUNCIL MEMEBRS:

NOES, COUNCIL MEMBERS
ABSTAIN, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk

4 661\03\4060573.1
This Third Amendment to Development Agreement (the “Amendment”) is made and entered into as of “Effective Date ” (defined herein), by and between the City of Marina , a California municipal corporation (the “City”), on the one hand, and Trumark Companies, LLC, a Delaware limited liability company (“Developer”), on the other hand, with the consent of MRP HTMB, LLC, a Delaware limited liability company (“Owner”). The City and Developer are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
A. The City and Cypress Marina Heights, LLC ( “Cypress”) entered into that certain Final Development Agreement dated March 3, 2004, amended by that certain Implementation Agreement dated October 11, 2007, subsequently amended by that certain Implementation Agreement dated October 11, 2007 (collectively, the “Development Agreement”), under which the City and Cypress agreed to certain matters regarding the development of approximately 1,050 homes and other improvements (the “Project”) on certain real property consisting of approximately two hundred forty-eight (248) acres, located between Imjin Road, Abrams Drive and 12th Street in the City of Marina (the “Project Site”), which is more particularly described in the Development Agreement.

B. The Development Agreement obligated the developer to not only pay Park Development Fees (“Park Development Fee s”) but also contribute $1,500,000 ( “Sea Haven Park Fee ”) for improvements to the 18-acre City park immediately adjacent to the Project (“Sea Haven Park”).

C. Cypress partially assigned the Development Agreement to Wathen Castanos Peterson Homes, Inc., (WCPH”) pursuant to that Partial Assignment and Assumption Agreement dated April 12, 2018, and WCPH assumed certain obligations under the Development Agreement.

D. On July 3, 2018, in consideration of the City agreeing to WCPH’s request to extend the term of the Development Agreement, City and WCPH entered into the First Amendment to Development Agreement (the “First Amendment”), which, among other things, amended Section 2.8.2 wherein WCPH agreed to (i) adjust the Sea Haven Park Fee to $2,100,000 to account for inflation , (ii) construct Sea Haven Park; and (iii) provide an additional $900,000 to be applied toward the construction of Sea Haven Park for a total of $3,000,000 to be applied to the construction of Sea Haven Park (“Adjusted City Park Fee ”), subject to a $900,000 credit against the Park Development Fees (“Park Fee Credit”).

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Attn: City Manager

NO FEE FOR RECORDING PURSUANT TO
GOVERNMENT CODE SECTION 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE

THIRD AMENDMENT TO DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF MARINA
AND

TRUMARK COMPANIES, LLC

FOR THE SEA HAVEN PROJECT

EXHIBIT A
5 661\03\4060573.1
E. On May 2, 2023, the City and WCPH entered into that certain Second Amendment wherein the parties amended Section 2.8.2(i) acknowledging the final design of Sea Haven Park and Park Budget; and added Section 2.8.2(v) assuring WCPH of a process wherein WCPH would receive the Park Fee Credit.

F. On February 14, 2025, Developer acquired all assets held by WCPH, including all right title, obligations and interest in and to those portions of the Project Site not previously sold to third party end users, including but not limited to all obligations under the Development Agreement, as amended by the First and Second Amendments, pursuant to that certain Partial Assignment of Development Agreement recorded on February 14, 2025 as Recorder’s Series Number 202505040.

G. On March 30, 2025, MRP California LLC, a Delaware limited liability company, doing business in California as Millrose California Holdings, LLC, ( “MRP California ”) in a land banking arrangement, acquired all right, title, obligations and interest in and to that portion of the Project Site not previously sold to third party end users, including but not limited to the obligations under the Development Agreement as amended by the First and Second Amendments. H. On May 9, 2025, MRP California, changed its name to MRP HTMB, LLC, a Delaware limited liability company, doing business in California as Millrose California Holdings, LLC (heretofore described as “Owner”).

H. The City has determined that construction of Sea Haven Park by the City is in the best interest of the City and the residents of the City.

I. The City and the Developer now desire to amend the Development Agreement pursuant to the terms of this Amendment .

NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Defined Terms. All terms defined in the Development Agreement when used herein shall have their respective meanings as set forth in the Development Agreement unless expressly superseded by the terms of this Amendment. All references in this Amendment to an “Article” or a “Section” shall refer to the applicable Article or Section of the Development Agreement, unless otherwise specifically provided.

2. Construction of Sea Haven Park. Notwithstanding anything set forth in the Development Agreement, as amended by the First and Second Amendments with regard to the construction of Sea Haven Park, the City shall be responsible for construction of Sea Haven Park in accordance with the plans and specifications prepared by the Developer and the Developer hereby agrees to assign to the City the plans and specifications in accordance with the assignment agreement attached hereto as Exhibit A . For avoidance of doubt, neither Developer nor Owner shall be obligated or required to complete, construct or install the Sea Haven Park after Developer delivers to the City the fully executed assignment agreement attached hereto as Exhibit A and pay the City the Sea Haven Park Fee in accordance with Section 3 below.

3. Sea Haven Park Fee. Notwithstanding anything set forth in the Development Agreement, as amended by the First and Second Amendments, in consideration of City assuming the construction of Sea Haven Park, Developer shall pay to the City, within 30 days of the Effective Date of this Amendment, the Adjusted Park Fee of $ 3,000,000, less the Park Fee Credit and the Park Design Expense Credit (hereinafter defined) for a total amount of $1,952,622, which shall be utilized by the City in the construction and development of Sea Haven Park.

4. Sea Haven Park Expense Credit . City and Developer acknowledge that Developer, pursuant to the terms of the First and Second Amendments, expended $147,378 to accomplish the Final

EXHIBIT A
6 661\03\4060573.1
Park Design (“Park Design Expense Credit”). Developer shall provide documentation in support of the Park Design Expense Credit for City review and concurrence.

5. Park Fee Credit. Section 2.8.2 (v) of the Development Agreement, as amended by the First and Second Amendments, is hereby deleted , as is all references in the Development Agreement, as amended, to a Park Fee Credit. For avoidance of doubt, neither Developer nor Owner shall be entitled to the Park Fee Credit as provided in Section 2.8.2 (v).

6. Sea Haven Park Maintenance. The obligations imposed by Section 2.8.2 (vi) regarding contributions to the cost of maintaining Sea Haven Park remain in full force and effect.

7. Conflict and Effectiveness. In the event of a conflict between terms and conditions of this Amendment and the terms and conditions of the Development Agreement, as amended, the terms and conditions of this Amendment shall control.

8. No Further Modification . Except as set forth in this Amendment, all other terms and provisions of the Development Agreement, as amended, shall be and remain unmodified and in full force.

9. Counterparts. This Amendment may be executed in any number of counterparts, each of which counterparts shall be deemed to be an original, and all of which counterparts, when taken together, shall be deemed to constitute one and the same instrument.

10. Recordation. Upon mutual execution , this Amendment shall be recorded by the City against the real property described in Exhibit “B” attached hereto.

11. Effective Date . The Effective Date shall be the date the last Party executes this Amendment, as evidenced by the accompanying notary acknowledgment.

IN WITNESS WHEREOF, the Parties have entered into this Amendment as of the day and year first above written.

“DEVELOPER”:

Trumark Companies, LLC,
a Delaware limited liability company

By: ______________________________
Joshua E. Peterson, Authorized Agent

“CITY”: City of Marina
a California municipal corporation

By: __________________________________
Layne Long, City Manager

ATTEST:

By: _____________________
Name: __________________
Title: ___________________

EXHIBIT A
7 661\03\4060573.1
APROVED AS TO FORM:

By: ____________________
Rene Ortega, City Attorney

CONSENT OF OWNER

MRP HTMB, LLC, a Delaware limited liability company doing business in California as, the current owner of the real property described herein, consents to the recordation of this Third Amendment to Development Agreement against the real property described in Exhibit “B” attached hereto.

MRP HTMB, LLC
a Delaware limited liability company

By: __________________________
[Name] _______________________
Authorized Agent

EXHIBIT A
8 661\03\4060573.1
Exhibit A
Assignment of Plans and Specifications

ASSIGNMENT OF PLANS AND SPECIFICATIONS
(Sea Haven Park)

This Assignment is made pursuant to the terms of that certain Third Amendment to Development Agreement entered into by and between the City of Marina, a California municipal corporation (“City”) and Trumark Companies, LLC, a Delaware limited liability company, dated ____________, 2025, (“Trumark”) wherein City assumed the obligation to construct Sea Haven Park, an 18-acre City park (“Sea Haven Park”) immediately adjacent to Sea Haven, a two hundred forty-eight (248) acre residential project located general ly between Imjin Road, Abrams Drive and 12th Street in the City of Marina (“Sea Haven”) and Trumark agreed to assign to City all of Trumark’s rights, title and interest in and to the plans and specifications in accordance with the assignment agreement attached

Now therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, Trumark hereby assigns and transfers to the City all of its right, title and interest in and to:

All plans and specifications, including, but not limited to all shop drawings, working drawings, and similar work product of the party preparing such plans and specifications heretofore or hereafter prepared by any Contractor (as defined below) related to Sea Haven Park (collectively “Plans and Specifications”).

For purposes of this Assignment, the term “Contractor” means any consultant, architect, construction contractor, engineer or other person or entity entering into Agreements with the Developer and/or preparing Plans and Specifications for the Developer with respect to Sea Haven.

This Assignment is made to allow the City to undertake the construction of Sea Haven Park pursuant to the Plan and Specifications.

This Assignment shall be governed by the laws of the State of California, except to the extent that Federal laws preempt the laws of the State of California, and the Developer consents to the jurisdiction of any Federal or State Court within the State of California having proper venue for the filing and maintenance of any action arising hereunder and agrees that the prevailing party in any such action shall be entitled, in addition to any other recovery, to reasonable attorneys' fees and costs.

This Assignment shall be binding upon and inure to the benefit of the heirs, legal representatives, assigns, and successors -in-interest of the Developer and the City; provided, however, this shall not be construed and is not intended to waive the restrict ions on assignment, sale, transfer, mortgage, pledge, hypothecation or encumbrance by the Developer contained in the Development Agreement.

EXHIBIT A
9 661\03\4060573.1
Executed by the Developer on _______, 2025.

DEVELOPER:

TRUMARK COMPANIES, LLC, a Delaware
limited liability company

By: ________________________________
Its: _________________________________

EXHIBIT A
10 661\03\4060573.1

ARCHITECT'S/ENGINEER'S CONSENT

The undersigned architect and/or engineer (collectively referred to as “Architect”) hereby consents to the foregoing Assignment of Plans and Specifications, (“Assignment”), of which this Architect's Consent (“Consent”) is a part, and acknowledges that there presently exists no unpaid claims presently due to the Architect except as disclosed to the City arising out of the preparation and delivery of the Plans and Specification to the Developer and/or the performance of the Architect's obligations under any agreement between Developer and Architect relating to the Plans and Specification, as the term “Plans and Specification” is defined in the Assignment.

Architect agrees that the City may, at its option, use and rely on the Plans and Specifications for the purposes for which they were prepared.

Executed by the Architect on _____________, 2025.

Address of City:

Address of Architect:

City of Marina
211 Hillcrest
Marina, CA
Attn: City Manager
Architect:

By: _______________________________

Its: _________________________

EXHIBIT A
11 661\03\4060573.1
Exhibit B
Legal Description
The land referred to is situated in the County of Monterey, City of Marina, State of California, and is described as follows:
“Parcel 1 Remainder” shown on the map entitled “Marina Heights Phase 5a—Tract No. 1540, filed for record September 26, 2019 in Volume 24 of Cities and Towns, at Page 62, filed in the Office of the County Recorder, County of Monterey, State of California.

Excepting the mineral rights reserved in the Quitclaim Deed from the United States of America acting by and through the Secretary of the Army to the Fort Ord Reuse Authority recorded October 17, 2002 under Recorder's Series Number 2002097674, Monterey County Records together with the right of surface entry in a manner that does not unreasonably interfere with the development and quiet enjoyment of the surface of the property, and as modified by that certain “Deed Amendment No.1 for City of Marina” recorded March 9, 2011 as Document No. 2011013752, Monterey County Records.

APN: 031-271-019
1966611.7

EXHIBIT A
12 December 12, 2025 Item No. 11a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 16, 2025

Chair and Board Members of Corporation Board Meeting
Preston Park Sustainable Community Nonprofit Corporation of December 16, 2025

Chair and Board Members of Authority Board Meeting
Marina Joint Powers Financing Authority of December 16, 2025

AUTHORIZE AND APPROVE THE ISSUANCE OF MARINA JOINT POWERS

FINANCING AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS
(FANNIE MAE MBS -SECURED) SERIES 2026 (PRESTON PARK

APARTMENTS), AUTHORIZE THE EXECUTION AND DELIVERY OF

VARIOUS AGREEMENTS AND THE DISTRIBUTION OF AN OFFICIAL

STATEMENT IN CONNECTION WITH THE OFFERING , SALE, AND

ISSUANCE OF SUCH BONDS , AUTHORIZING THE EXECUTION OF

NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS ,

AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH ,
AUTHORIZE A BUDGET AMENDMENT TO AMEND THE FISCAL YEAR 2025- 26 PRESTON PARK FUND BUDGET , AND AUTHORIZE THE FINANCE

DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY
ENTRIES.

REQUEST:

It is requested that the City Council:

1. Hold a public hearing regarding the proposed issuance of Bonds by the Marina Joint Powers Financing Authority to assist in the refinancing of the Preston Park Loan.

2. Adopt a Resolution of the City Council of the City of Marina approving the issuance by the Marina Joint Powers Financing Authority of Multifamily Housing Revenue Bonds to refinance the cost of acquisition of the Preston Park Apartments project, authorizing the issuance of such Bonds in an aggregate principal amount of not to exceed $ 33,500,000, authorizing the execution of necessary documents and certificates and related actions, amending the Fiscal Year 2025 -26 Preston Park Fund Budget, authorizing the Finance Director to make the necessary accounting and budgetary entries, and making certain findings in connection therewith.

3. Authorize the City Manager, Finance Director, and their designees, to take all actions necessary to implement the purpose of such Resolution.

4. Amend the Fiscal Year 2025 -26 Preston Park Fund budget by appropriating $6.5 million to pay down a portion of the existing loan principal and pay costs of issuance.

5. Authorize the Finance Director to make necessary accounting and budgetary entries.

It is requested that the Preston Park Sustainable Community Nonprofit Corporation Board of Directors:

1. Adopt a Resolution of the Board of Directors of the Preston Park Sustainable Community Nonprofit Corporation authorizing the execution and delivery by the Preston Park Sustainable Community Nonprofit Corporation of a Financing Agreement, Regulatory Agreement, Multifamily Loan and Security Agreement, Promissory Note, Deed of Trust, 1 Environmental Indemnity Agreement, and Bond Purchase Agreement in connection with the issuance by the Marina Joint Powers Financing Authority of Multifamily Housing Revenue Bonds to refinance the cost of acquisition of the Preston Park Apartments project, approving the issuance of such Bonds in an aggregate principal amount of not to exceed $33,500,000, authorizing the distribution of an Official Statement in connection with the offering and sale of such Bonds, amending the Fiscal Year 2025 -26 Preston Park Fund Budget, authorizing the Chief Financial Officer to make the necessary account ing and budgetary entries, and authorizing the execution and delivery of necessary documents and certificates and related actions.

2. Authorize the Executive Director and Chief Financial Officer of the Corporation, and their designees, to take all actions necessary to implement the purpose of such Resolution.

3. Amend the Fiscal Year 2025 -26 Preston Park Fund budget by appropriating $6.5 million to partially pay down the existing loan balance and pay costs of issuance.

4. Authorize the Chief Financial Officer to make necessary accounting and budgetary entries.

It is requested that the Marina Joint Powers Financing Authority Governing Board:

1. Adopt a Resolution of the Governing Board of the Marina Joint Powers Financing Authority authorizing the execution and delivery by the Authority of an Indenture, Financing Agreement, and Bond Purchase Agreement in connection with the issuance of Marina Joint Power s Financing Authority Multifamily Housing Revenue Bonds to refinance the cost of acquisition of the Preston Park Apartments project, authorizing the issuance of such Bonds in an aggregate principal amount of not to exceed $ 33,500,000, authorizing the distr ibution of an Official Statement in connection with the offering and sale of such Bonds, and authorizing the execution and delivery of necessary documents and certificates and related actions.

2. Authorize the Executive Director and Treasurer of the Authority, and their designees, to take all actions necessary to implement the purpose of such Resolution.

BACKGROUND:

The City of Marina (the “City”) acquired the Preston Park Apartments development in 2015 pursuant to a settlement agreement with the Fort Ord Reuse Authority, which acquired the property from the U.S. Army. The Preston Park Apartments consists of 354 residential units, 352 of which are rented, one of which is used as rental office and one of which is used as a community center.

The City formed the Preston Park Sustainable Community Nonprofit Corporation (the “Corporation”) as an affiliated but separate entity from the City to lease the Preston Park Apartments property from the City and to operate the property. The lease requires the Corporation to pay to the City all of the available cashflow from the Preston Park Apartments property after payment of operating costs, debt service and reserves.

At the October 21, 2025 meeting, the City Council, serving as the Corporation Board of Directors, directed staff to proceed with refinancing the existing Preston Park loan (the “Existing Loan”) , which is set to mature on February 1, 2026. The Existing Loan is structured as a ten-year interest only loan and is currently outstanding in the principal amount of $35.95 million. The City Council directed staff to pursue a refinancing using a ten -year loan structure (with payments amortized over 30 years) and to contribute $6.5 million from the existing Preston Park Fund reserves to pay down the Preston Park loan and pay costs of issuance.

2 ANALYSIS:

Preston Park Loan Refinancing
Since the October 21, 2025 meeting, staff and the City’s finance team have selected Berkadia Commercial Mortgage LLC (the “Lender”) as the mortgage lender for the new Preston Park loan.

The Preston Park refinancing transaction will be structured as publicly-sold Multifamily Housing Revenue Bonds (the “Bonds”) issued by the Marina Joint Powers Financing Authority (the “Authority”), pursuant to a Trust Indenture between the Authority and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”), which Bonds will be payable from and secured by payments to be made by the Corporation under a Financing Agreement among the Corporation, the Authority, and the Trustee. The Bonds wi ll be further secured by a Fannie Mae mortgage backed security credit enhancement (the “Fannie Mae MBS”), which requires a mortgage loan to be provided by the Lender to the Corporation (the “Mortgage Loan”).

Financing Documents:

The following documents are being presented for approval:

Authorizing Resolutions: Resolutions of the City, the Corporation, and the Authority approving the issuance of the Bonds in a principal amount not to exceed $33,500,000 to refund the Existing Loan and authorize City, Corporation, and Authority staff to execute the legal documents for the Bonds, the Mortgage Loan, and the Fannie Mae MBS and direct staff to take other actions necessary to complete financing. (EXHIBITS A, B, C)
Trust Indenture: Provides for issuance of the Bonds and lays out the covenants and specifics of the Bonds, as well as the Trustee’s duties, repayment mechanisms, default and remedies provisions, and Bondholder’s associated rights and remedies (EXHIBIT D).

Financing Agreement: Agreement among the Authority, the Corporation, and the Trustee , under which the Corporation agrees to make certain payments to the Authority, which payments are directed to payment of principal and interest on the Bonds when due. The Corporation’s payments under the Financing Agreement are secured by and payable from the rental income of the Preston Park Apartments project. Other than certain “recourse obligations” specified in the Guaranty (described below), the City’s General Fund is not at risk for payments under the Financing Agreement or the Bonds (EXHIBIT E).

Regulatory Agreement: Agreement between the Corporation and the City, which requires that 20% of the housing units at the Preston Park Apartments project be rented to households with an income that does not exceed 80% of the area median income for Monterey County in order to satisfy Fannie Mae requirements (EXHIBIT F).

Bond Purchase Agreement: Pursuant to the Bond Purchase Agreement (the “BPA”) among Stifel, Nicolaus, & Company, Incorporated (the “Underwriter”), the Authority, and the Corporation, the Underwriter will agree to buy the Bonds at specified prices and interest rates, subject to satisfaction of certain requirements, such as the Authority’s execution and delivery of the Indenture, the Corporation’s execution and delivery of the Financing Agreement and the Regulatory Agreement and the Mortgage Loan documents, and delivery of various closing certificates and opinions. The final BPA will be signed by the Authority and Corporation on the pricing date after the Underwriter has completed the offering to the investors and the pricing of the Bonds (EXHIBIT G).

Mortgage Loan Documents: The Lender and the Corporation will enter into a Multifamily Loan and Security Agreement (the “Mortgage Loan Agreement”) to provide for the Mortgage Loan from the Lender to the Corporation. In connection with the Mortgage Loan, the Corporation will execute and deliver various other security documents including a Promissory Note, a Deed of Trust, and an Environmental Indemnity Agreement.
3 In addition to the Corporation’s Mortgage Loan documents, the City will be required to execute and deliver a Guaranty of certain “recourse obligations” of the Corporation (such as certain specified indemnification obligations and the obligations under the Environmental Indemnity Agreement) and a Joinder to the Deed of Trust, which will allow the Deed of Trust to encumber the City’s fee interest in the Preston Park Apartments project (as is currently the case with the deed of trust securing the Existing Loan).

Preliminary Official Statement : Underwriter’s Counsel has prepared a Preliminary Official Statement with input from City staff (acting on behalf of the Corporation and the Authority) and the financing team including information relating to the Preston Park Apartments project . The Preliminary Official Statement is the “offering document” for the Bonds. Under federal securities laws, the City Council, acting on behalf of the Authority and the Corporation, has an obligation to ensure that the Preliminary Official Statement includes all information that would be material to a prospective investor’s decision whether to purchase the Bonds. Following City Council authorization, the Preliminary Official Statement will be distributed by the Underwriter and used as the primary marketing document to prospective Bond purchasers. The agenda packet includes a draft of the Preliminary Official Statement. A final Official Statement will be made available shortly after the Bonds are sold; it will be identical to the Preliminary Official Statement except that it will reflect the final bond sale pricing information. The Preliminary Official Statement and the Official Statement constitute securities disclosures for the benefit of the buyers of the Bonds and are governed by federal securities laws (EXHIBIT H).

Continuing Disclosure Agreement : Pursuant to the Continuing Disclosure Agreement, the Corporation will agree to provide annual reports relating to the finances and operations of the Preston Park Apartments project and notice of the occurrence of specified future events, such as bond calls, defaults, rating changes, and changes to the security for the Bonds (EXHIBIT G).

Next Steps
The Existing Loan is set to mature on February 1, 2026. The timeline below highlights the key steps to refinance the Existing Loan prior to that date.

Date Description
Dec. 16, 2025 Council/Board meetings to consider Resolutions and related documents to move forward with the refinancing
Mid-Dec. 2025 Secure a commitment from Fannie Mae
Early Jan. 2026 Price Bonds
Late Jan. 2026 Close Refinancing/pay off existing loan

FISCAL IMPACT:

If $6.5 million will be applied from the Preston Park enterprise fund to the refinancing , and assuming a 10-year loan structure with payments amortized over 30 years, the estimated average annual payments will be $1.6 9 million in years 1 through 9. The final payment in year 10 is estimated at $26.63 million, based on market conditions as of December 9, 2025. The estimated sources and uses table and payment schedule are provided below.

4 These assumptions do not include any potential changes in loan assumptions, unanticipated costs, or additional changes.

At the end of the 10 -year term, the Council will need to decide whether to pay off the remaining $25.295 million balance with any available reserves or refinance the loan.

To proceed with this financing, a budget amendment is needed to appropriate $6.5 million from the Preston Park Fund reserve balance. There are sufficient funds available to support this transaction.

Sources Total
Par Amount 30,825,000$
City Equity Contribution 6,500,000$
Total 37,325,000$
Uses Total
Existing 2015 Loan Payoff 35,950,000$
Financing Issuance Expenses 1,164,000$
Required Indenture Deposit 211,000$
Total 37,325,000$
Estimated Sources and Uses
Year
Payment
Date Principal Interest
Total
Semi-Annual
Payment
Total
Annual
Payment
9/1/2026 $245,000 $698,871 $943,871
1 3/1/2027 240,000 588,665 828,665 $1,772,536
9/1/2027 245,000 584,045 829,045
2 3/1/2028 250,000 579,329 829,329 1,658,374
9/1/2028 260,000 574,516 834,516
3 3/1/2029 260,000 569,511 829,511 1,664,028
9/1/2029 270,000 564,506 834,506
4 3/1/2030 275,000 559,309 834,309 1,668,815
9/1/2030 285,000 554,015 839,015
5 3/1/2031 285,000 548,529 833,529 1,672,544
9/1/2031 295,000 543,043 838,043
6 3/1/2032 300,000 537,364 837,364 1,675,406
9/1/2032 310,000 531,589 841,589
7 3/1/2033 315,000 525,621 840,621 1,682,210
9/1/2033 325,000 519,558 844,558
8 3/1/2034 330,000 513,301 843,301 1,687,859
9/1/2034 340,000 506,949 846,949
9 3/1/2035 345,000 500,404 845,404 1,692,353
9/1/2035 355,000 493,763 848,763
10 3/1/2036 25,295,000 486,929 25,781,929 26,630,691 Total $30,825,000 $10,979,815 $41,804,815 $41,804,815
Estimated Payment Schedule
5 CONCLUSION:

This report is submitted for consideration and action by the City Council, Corporation Board, and Authority Board.

__________________________
Tori Hannah
Finance Director
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne P. Long
City Manager
City of Marina
6 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING THE

ISSUANCE BY THE MARINA JOINT POWERS FINANCING AUTHORITY OF

MULTIFAMILY HOUSING REVENUE BONDS TO REFINANCE THE COST OF

ACQUISITION OF THE PRESTON PARK APARTMENTS PROJECT, AUTHORIZING THE

ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $33,500,000, AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS, AMENDING THE FISCAL YEAR 2025- 26 PRESTON PARK FUND BUDGET, AUTHORIZING THE FINANCE DIRECTOR TO

MAKE THE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES, AND MAKING

CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City of Marina, California (the “City”) is a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California; and
WHEREAS, the Marina Joint Powers Financing Authority (the “Authority”) is a joint exercise of powers authority duly organized and existing pursuant to the laws of the State of California and a Joint Exercise of Powers Agreement between the City of Marina and the Successor Agency to the Marina Redevelopment Agency (the “Joint Powers Agreement”); and WHEREAS, pursuant to the Joint Powers Agreement and Section 6588(k) of the Marks - Roos Local Bond Pooling Act of 1985, commencing with Section 6584 of the California Government Code (the “Act”), the Authority has the legal authority to make loans to finance and refinance the acquisition of public capital improvements and to issue bonds, notes or other evidence of indebtedness from time to time for such purposes; and WHEREAS, the City is the owner of certain real property located in the City , which is improved with an operating multifamily residential housing development commonly known as “Preston Park Apartments” (the “Project”); and
WHEREAS, pursuant to that certain Lease Agreement between the City and the Preston Park Sustainable Community Nonprofit Corporation (the “Corporation”), dated September 15, 2015 (as amended, the “Lease Agreement”), the City leased the Project to the Corporation and the Corporation agreed to operate the Project in accordance with the Lease Agreement; and WHEREAS, the Corporation financed the purchase price of the Project by obtaining a loan in the principal amount of $35,950,000 (the “Prior Loan”) from Newmark (as successor to Berkeley Point Capital LLC, the “Prior Lender”), pursuant to that certain Loan Agreement dated January 7, 2016, between the Corporation and the Prior Lender; and WHEREAS, the Prior Loan is struct ured with interest -only payments for ten (10) years, and matures, with all principal and accrued interest coming due, on February 1, 2026; and WHEREAS, the Corporation, the City, and the Authority desire to refinance the Prior Loan; and
WHEREAS, the City desires to amend the Fiscal Year 2025-26 Preston Park Fund Budget to appropriate $6.5 million to apply to the principal of the Prior Loan and costs of issuance; and

EXHIBIT A
7 WHEREAS, the City is a member of the Authority and the Project is located within the boundaries of the City; and
WHEREAS, the City has, prior to the consideration of this Resolution, held a public hearing on the refinancing of the acquisition cost of the Project in accordance with Section 6586.5 of the Act, which hearing was held at 211 Hillcrest Avenue , Marina, California 93933 on December 16, 2025, and adopted its resolution approving the financing and making a finding of significant public benefit in accordance with the Act; and WHEREAS, in accordance with Section 6586.5 of the Act, notice of such hearing was published once at least five days prior to the hearing in The Monterey County Herald , an adjudicated local newspaper of general circulation in the City; and WHEREAS, the Authority, the Corporation, and the City have determined that it would be in the best interests of the Authority, the Corporation, the City , and residents of the City to authorize the preparation, sale and delivery of the “Marina Joint Powers Financing Authority Multifamily Housing Revenue Bonds (Fannie Mae MBS -Secured) Series 2026 (Preston Park Apartments)” (the “Bonds”) for the purpose of (i ) refinancing the Prior Loan , (ii) purchasing a credit enhancement for the Prior Loan from Fannie Mae, and (iii) paying costs of issuance of the Bonds; and
WHEREAS, the Authority will issue the Bonds pursuant to the Act; and WHEREAS, the Bonds will be issued pursuant to an Indenture of Trust (the “Indenture”) by and between the Authority and U.S. Bank Trust Company, National Association (the “Trustee”), pursuant to which the Authority will assign certain of its rights and obligations to the Trustee, including its right to receive payments from the Corporation pursuant to a Financing Agreement between the Authority and the Corporation (the “Financing Agreement”); and WHEREAS, in order to refinance the Prior Loan, the Corporation will obtain a loan from Berkadia Commercial Mortgage LLC (the “Lender”) in an original principal amount not to exceed $33,500,000 (the “Mortgage Loan”), pursuant to the terms of a Multifamily Loan and Security Agreement (the “Mortgage Loan Agreement”); and
WHEREAS, the Mortgage Loan provided by the Lender will further be evidenced by a promissory note and secured by (a) a deed of trust to be recorded against the Corporation’s leasehold interest in the Project, along with a joinder to be executed by the City to make the City’s fee interest in the Project site subject to the deed of trust (the “Deed of Trust Joinder”) and (b) a guaranty by the City of the Corporation’s recourse obligations under the Mortgage Loan Agreement (the “Guaranty”); and
WHEREAS, to satisfy certain requirements of Fannie Mae in connection with the Fannie Mae credit enhancement, the City and Corporation propose to enter into a Regulatory Agreement (the “Regulatory Agreement”) to require that not fewer than 20% of the housing units at the Project be rented to households earning not less than 80% of the area median income for Monterey County at an affordable rent; and
WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of such financing authorized hereby do exist, have happened and hav e been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided.

EXHIBIT A
8 NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Marina as follows:

SECTION 1. Each of the above recitals is true and correct. Following a duly noticed public hearing, the City Council hereby approves the refinancing of the Prior Loan as described in this Resolution and further finds and determines that there are significant public benefits to the citizens of the City through the issuance of the Bonds and execution and delivery of the Financing Agreement pursuant to the Act and otherwise hereunder within the meaning of Section 6586(a) through (d), inclusive, of the Act, in that the d elivery of the Bonds and related transactions will result in demonstrable savings in effective interest rate to the Corporation and enable the Corporation to refinance the cost acquiring the Project on a timely basis, and provide a more efficient delivery of public services to the community , specifically the provision of affordable housing in the City.

SECTION 2. The form of the Regulatory Agreement on file with the City Clerk, is hereby approved, and the Mayor, the Mayor Pro Tem, the City Manager, the City Treasurer and Finance Director, and the City Clerk , and each of their authorized designees (the “Authorized Officers”), are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Regulatory Agreement in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof.

SECTION 3. The Finance Director is hereby authorized to amend the Fiscal Year 2025 - 26 Preston Park Fund Budget by appropriating $6.5 million to apply to the principal of the Prior Loan and costs of issuance.

SECTION 4. The issuance of not to exceed $ 33,500,000 aggregate principal amount of the Bonds, in the principal amounts, bearing interest at the rates and maturing on the dates as specified in the Indenture as finally executed, is hereby authorized and approved.

SECTION 5. Stradling Yocca Carlson & Rauth LLP, is hereby approved and appointed as Bond Counsel, Fieldman, Rolapp & Associates, Inc. , is hereby approved and appointed as Municipal Advisor, and U.S. Bank Trust Company, National Association is hereby appointed as Trustee, each to provide such services to the City and any other related services as may be required to issue the Bonds.

SECTION 6. The officers, employees and agents of the City are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry o ut, give effect to and comply with the terms and intent of this Resolution, including without limitation execution of such instruments, certifications, and agreements as may be required by Fannie Mae or the Lender in connection with the Fannie Mae credit e nhancement and/or the Mortgage Loan, including execution and delivery of the Deed of Trust Joinder and the Guaranty, and taking such other actions and executing such other instruments as may be necessary or appropriate to deliver or perfect the security for the Bonds and/or the Mortgage Loan as provided in the Indenture, the Financing Agreement, and the Mortgage Loan Agreement . All actions heretofore taken by the Authorized Officers and the officers, employees and agents of the City with respect to the transactions set forth above are hereby approved, confirmed and ratified.

SECTION 7. The City Council hereby approves the execution and delivery of any and all agreements, documents, certificates and instruments referred to herein with electronic signatures

EXHIBIT A
9 as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the Government Code using DocuSign.

SECTION 8. This Resolution will take effect from and after its date of adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on this 16th day of December 2025 by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST

Anita Sharp, Deputy City Clerk

EXHIBIT A
10 RESOLUTION NO. 2025-__(PPSC-NPC)

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PRESTON PARK

SUSTAINABLE COMMUNITY NONPROFIT CORPORATION AUTHORIZING THE

EXECUTION AND DELIVERY BY THE PRESTON PARK SUSTAINABLE COMMUNITY

NONPROFIT CORPORATION OF A FINANCING AGREEMENT, REGULATORY

AGREEMENT, MULTIFAMILY LOAN AND SECURITY AGREEMENT, PROMISSORY

NOTE, DEED OF TRUST, ENVIRONMENTAL INDEMNITY AGREEMENT, AND BOND

PURCHASE AGREEMENT IN CONNECTION WITH THE ISSUANCE BY THE MARINA

JOINT POWERS FINANCING AUTHORITY OF MULTIFAMILY HOUSING REVENUE

BONDS TO REFINANCE THE COST OF ACQUISITION OF THE PRESTON PARK

APARTMENTS PROJECT, APPROVING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $33,500,000, AUTHORIZING

THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS, AMENDING THE FISCAL YEAR 2025-26

PRESTON PARK FUND BUDGET, AUTHORIZING THE CHIEF FINANCIAL OFFICER TO

MAKE THE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES, AND

AUTHORIZING THE EXECUTION AND DELIVERY OF NECESSARY DOCUMENTS

AND CERTIFICATES AND RELATED ACTIONS
WHEREAS, the Preston Park Sustainable Community Nonprofit Corporation (the “Corporation”) is a California nonprofit, public benefit corporation organized and existing under the laws of the State of California; and
WHEREAS, the Marina Joint Powers Financing Authority (the “Authority”) is a joint exercise of powers authority duly organized and existing pursuant to the laws of the State of California and a Joint Exercise of Powers Agreement between the City of Marina and the Successor Agency to the Marina Redevelopment Agency (the “Joint Powers Agreement”); and WHEREAS, pursuant to the Joint Powers Agreement and Section 6588(k) of the Marks - Roos Local Bond Pooling Act of 1985, commencing with Section 6584 of the California Government Code (the “Act”), the Authority has the legal authority to make loans to finance and refinance the acquisition of public capital improvements and to issue bonds, notes or other evidence of indebtedness from time to time for such purposes; and WHEREAS, the City is the owner of certain real property located in the City, which is improved with an operating multifamily residential housing development commonly known as “Preston Park Apartments” (the “Project”); and
WHEREAS, pursuant to that certain Lease Agreement between the City and the Corporation dated September 15, 2015 (as amended, the “Lease Agreement”), the City leased the Project to the Corporation and the Corporation agreed to operate the Project in accorda nce with the Lease Agreement; and
WHEREAS, the Corporation financed the purchase price of the Project by obtaining a loan in the principal amount of $35,950,000 (the “Prior Loan”) from Newmark (as successor to Berkeley Point Capital LLC, the “Prior Lender”), pursuant to that certain Loan Agreement dated January 7, 2016, between the Corporation and the Prior Lender; and

EXHIBIT B
11 WHEREAS, the Prior Loan is structured with interest-only payments for ten (10) years, and matures, with all principal and accrued interest coming due, on February 1, 2026; and WHEREAS, the Corporation, the City, and the Authority desire to refinance the Prior Loan; and
WHEREAS, the Board of Directors of the Preston Park Sustainable Community Nonprofit Corporation desires to amend the Fiscal Year 2025 -26 Preston Park Fund Budget to appropriate $6.5 million to apply to the principal of the Prior Loan and costs of issuance; and WHEREAS, the Authority, the Corporation, and the City have determined that it would be in the best interests of the Authority, the Corporation, the City, and residents of the City to authorize the preparation, sale and delivery of the “Marina Joint Powers Financing Authority Multifamily Housing Revenue Bonds (Fannie Mae MBS -Secured) Series 2026 (Preston Park Apartments)” (the “Bonds”) for the purpose of (i) refinancing the Prior Loan, (ii) purchasing a credit enhancement for the Bonds from Fannie Mae, and (iii) paying costs of issuance of the Bonds; and
WHEREAS, the Authority will issue the Bonds pursuant to the Act; and WHEREAS, the Bonds will be issued pursuant to an Indenture of Trust (the “Indenture”) by and between the Authority and U.S. Bank Trust Company, National Association (the “Trustee”), pursuant to which the Authority will assign certain of its rights and obli gations to the Trustee, including its right to receive payments from the Corporation pursuant to a Financing Agreement between the Authority and the Corporation (the “Financing Agreement”); and WHEREAS, in order to refinance the Prior Loan, the Corporation will obtain a loan from Berkadia Commercial Mortgage LLC (the “Lender”) in an original principal amount not to exceed $33,500,000 (the “Mortgage Loan”), pursuant to the terms of a Multifamily Loan and Security Agreement (the “Mortgage Loan Agreement”); and
WHEREAS, the Mortgage Loan provided by the Lender will further be evidenced by a promissory note and secured by a deed of trust to be recorded against the Corporation’s leasehold interest in the Project, and as a condition to the Lender’s obligations to make the Mortgage Loan to the Corporation , the Corporation will execute and deliver an environmental indemnity agreement to and for the benefit of the Lender; and
WHEREAS, to satisfy certain requirements of Fannie Mae in connection with the Fannie Mae credit enhancement, the City and Corporation propose to enter into a Regulatory Agreement (the “Regulatory Agreement”) to require that not fewer than 20% of the housing units at the Project be rented to households earning not less than 80% of the area median income for Monterey County at an affordable rent; and
WHEREAS, the City Council of the City previously adopted a Debt Management Policy that complies with Government Code Section 8855(i) (the “Debt Management Policy”), which Debt Management Policy is by this Resolution hereby adopted by the Corporation, and the sale and issuance of the Bonds as contemplated by this Resolution complies with the Debt Management Policy; and
WHEREAS, the Corporation and the Authority desire to provide for a public sale of the Bonds; and

EXHIBIT B
12 WHEREAS, the Corporation and the Authority have selected Stifel, Nicolaus & Company, Incorporated, to act as underwriter (the “Underwriter”) and to purchase the Bonds from the Authority pursuant to a Bond Purchase Agreement (the “Bond Purchase Agreement”); and WHEREAS, a form of the Preliminary Official Statement for the Bonds (the “Preliminary Official Statement”) has been prepared; and
WHEREAS, good faith estimates of certain information relating to the Bonds are disclosed and set forth in Exhibit A attached to this Resolution as required by California Government Code Section 5852.1; such estimates were provided by Fieldman, Rolapp & Ass ociates, Inc. (the “Municipal Advisor”), based on preliminary bond pricing information provided by the Underwriter; and
WHEREAS, the Board of Directors of the Corporation (the “Board of Directors”) has been presented with the form of the Indenture, Financing Agreement, Bond Purchase Agreement, and Preliminary Official Statement, and the Board of Directors has examined and approved each document and desires to authorize and direct the execution of suc h documents and the consummation of such financing; and
WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of such financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the Corporation is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Preston Park Sustainable Community Nonprofit Corporation as follows:

SECTION 1. Each of the above recitals is true and correct. Following a duly noticed public hearing, the Board of Directors hereby approves the issuance of the Bonds and the refinancing the Prior Loan as described in this Resolution.

SECTION 2 . The form of the Financing Agreement on file with the Secretary of the Corporation is hereby approved, and the Chair, Vice Chair, Executive Director, Chief Financial Officer, and Secretary of the Corporation, and each of their authorized designees (the “Authorized Officers”), are each hereby authorized and directed, for and in the name and on behalf of the Corporation, to execute and deliver the Financing Agreement, in substantially said form, with such changes, insertions and omissions therein a s the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the principal amount of the Mortgage Loan shall not exceed $33,500,000 and the true interest cost applicable to the interest components of the payments under the Mortgage Loan shall not exceed 6.00% per annum.

SECTION 3. The Chief Financial Officer is hereby authorized to amend the Fiscal Year 2025-26 Preston Park Fund Budget by appropriating $6.5 million to apply to the principal of the Prior Loan and costs of issuance.

SECTION 4. The Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the Corporation, to negotiate, execute and deliver the Mortgage Loan Agreement; provided, however, that the aggregate principal amount of the Mortgage Loan shall not exceed $33,500,000, the final maturity date of the Mortgage Loan shall be no later than

EXHIBIT B
13 March 1, 2037 and the true interest cost applicable to the Mortgage Loan shall not exceed 6.00% per annum, and, provided, further, that such changes, insertions and omissions shall be consistent with the terms of the Bonds established at negotiated sale pursuant to the Bond Purchase Agreement. The Authorized Officers are further authorized and directed, each acting alone, to execute and deliver a promissory note evidencing the Mortgage Loan, a deed of trust securing the Mortgage Loan, an environmental indemnity agreement and such other certificates, agreements, and other instruments as may be necessary or appropriate to effectuate the purposes of this Resolution.

SECTION 5. The form of the Bond Purchase Agreement on file with the Secretary of the Corporation is hereby approved , and the Authorized Officers are each hereby authorized and directed, for and in the name of the Authority to execute and deliver the Bond Purchase Agreement in substantially said form, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Bond Purchase Agreement by suc h Authorized Officer; provided, however, that such changes, insertions and omissions shall not result in an aggregate underwriter’s discount (not including any original issue discount paid by the Underwriter) from the principal amount of the Bonds in exces s of 0.75% of the aggregate principal amount of the Bonds plus $5,000.00.

SECTION 6. The form of the Regulatory Agreement on file with the Secretary of the Board, is hereby approved, and the Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the Corporation, to execute and deliver the Regulatory Agreement in substantially said form, with such changes, insertions and o missions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof.

SECTION 7. The issuance by the Authority of not to exceed $33,500,000 aggregate principal amount of the Bonds, in the principal amounts, bearing interest at the rates and maturing on the dates as specified in the Indenture as finally executed, is hereby approved.

SECTION 8. The form of Preliminary Official Statement on file with the Secretary of the Corporation is hereby approved, with such changes, insertions and omissions therein as may be approved by an Authorized Officer, and the use of the Preliminary Official Statement in connection with the offering and sale of the Bonds is hereby authorized and approved. The Authorized Officers are each hereby authorized to certify on behalf of the Corporation that the Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (except for the omission of certain final pricing, rating and related information as permitted by such Rule).

The Authorized Officers are each hereby authorized and directed to furnish, or cause to be furnished, to prospective bidders for the Bonds a reasonable number of copies of the Preliminary Official Statement.

SECTION 9. The preparation and delivery of an Official Statement, and its use in connection with the offering and sale of the Bonds, is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement wi th such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. The Authorized Officers are each hereby authorized and directed, for and i n the name of and on behalf of the Corporation, to execute the final Official Statement and any amendment or supplement thereto for and in the name and on behalf of the Corporation.

EXHIBIT B
14 SECTION 10. The form of Continuing Disclosure Agreement, on file with the Secretary of the Corporation , is hereby approved, and the Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the Corporation, to execute and deliver the Continuing Disclosure Agreement in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

SECTION 11. Stradling Yocca Carlson & Rauth LLP, is hereby approved and appointed as Bond Counsel, Fieldman, Rolapp & Associates, Inc. , is hereby approved and appointed as Municipal Advisor, and U.S. Bank Trust Company, National Association is hereby appointed as Trustee, each to provide such services to the Corporation and any other related services as may be required to issue the Bonds.

SECTION 12. With the passage of this Resolution, the Corporation hereby adopts the City’s Debt Management Policy and certifies that such Debt Management Policy complies with Government Code Section 8855(i), and that the Corporation’s financing described in this Resolution and its obligations under the Indenture as contemplated by this Resolution is in compliance with the Debt Management Policy, and to the extent the sale and issuance of the Bonds is not in compliance with the Debt Management Policy, such noncompliance is waived in accordance with the terms of the Debt Management Policy . The Corporation hereby instructs Stradling Yocca Carlson & Rauth LLP, as Bond Counsel, on behalf of the Authority, with respect to the Bonds described in this Resolution : (a) to cause notices of the proposed sale and final sale of the Bonds to be filed in a timely manner with the California Debt and Investment Advisory Commission pursuant to Government Code Section 8855, and (b) to check, on behalf of the Corporation, the “Yes” box relat ing to such certifications in the notice of proposed sale filed pursuant to Government Code Section 8855.

SECTION 13. The officers, employees and agents of the Corporation are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, including without limitation execution of such instruments, certifications, and agreements as may be required by Fannie Mae or the Lender in connection with the Fannie Mae credit enhancement and/or the Mortgage Loan, and taking such other actions and executing such other instruments as may be necessary or appropriate to deliver or perfect the security for the Bonds and/or the Mortgage Loan as provided in the Indenture, the Financing Agreement, and the Mortgage Loa n Agreement. All actions heretofore taken by the Authorized Officers and the officers, employees and agents of the Corporation with respect to the transactions set forth above are hereby approved, confir med and ratified.

SECTION 14. The Board of Directors hereby approves the execution and delivery of any and all agreements, documents, certificates and instruments referred to herein with electronic signatures as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the Government Code using DocuSign.

SECTION 15. This Resolution will take effect from and after its date of adoption.

EXHIBIT B
15 PASSED AND ADOPTED by the Board of the Preston Park Sustainable Community Non-Profit Corporation at a regular meeting duly held on the 16th day of December 2025, by the following vote:

AYES, BOARD MEMBERS:

NOES, BOARD MEMBERS:

ABSENT, BOARD MEMBERS:

ABSTAIN, BOARD MEMBERS:

Bruce C. Delgado, Board Chair

ATTEST:

Anita Sharp, Board Secretary

EXHIBIT B
16 EXHIBIT A

GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Bonds in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the Corporation by its Municipal Advisor, Fieldman, Rolapp & Associates, Inc., in consultation with Stifel, Nicolaus & Company, Incorporated, the Underwriter of the Bonds, as of December 9, 2025.

Principal Amount. The Municipal Advisor has informed the Corporation that, based on the Corporation’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Bonds to be issued and sold is $30,825,000 (the “Estimated Principal Amount”).

True Interest Cost of the Bonds. The Municipal Advisor has informed the Corporation that, assuming that the Estimated Principal Amount of the Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Bonds, is 4.67%.

Finance Charge of the Bonds. The Municipal Advisor has informed the Corporation that, assuming that the Estimated Principal Amount of the Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate its good faith estimate of the finance charge for the Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Bonds), is $1,164,000.

Amount of Proceeds to be Received. The Municipal Advisor has informed the Corporation that, assuming that the Estimated Principal Amount of the Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the Corporation for sale of the Bonds, less the finance charge of the Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Bonds, is $30,825,000.

Total Payment Amount . The Municipal Advisor has informed the Corporation that, assuming that the Estimated Principal Amount of the Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the Corporation will make to pay debt service on the Bonds, plus the finance charge for the Bonds, as described above, not paid with the proceeds of the Bonds, calculated to the final maturity of the Bonds, is $41,804,815, which excludes any reserves or capitalized interest paid or funded with proceeds of the Bonds (which may offset such total payment amount) and further excludes future administrative costs such as trustee and continuing disclosure costs.

The foregoing estimates constitute good faith estimates only and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of the Bonds issued and sold, the true interest cost thereof, the finance c harges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Bonds issued and sold being different from the Estimated Principal Amount, (c) the actual amortization of the Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual

EXHIBIT B
17 market interest rates at the time of sale of the Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, (f) alterations to the Corporation’s financing plan, or a combination of such factors.

EXHIBIT B
18 MARINA JOINT POWERS FINANCING AUTHORITY
RESOLUTION NO. 2025-__ (JPFA)

RESOLUTION OF THE GOVERNING BOARD OF THE MARINA JOINT POWERS

FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY BY THE

AUTHORITY OF AN INDENTURE, FINANCING AGREEMENT, AND BOND PURCHASE

AGREEMENT IN CONNECTION WITH THE ISSUANCE OF MARINA JOINT POWERS

FINANCING AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS TO

REFINANCE THE COST OF ACQUISITION OF THE PRESTON PARK APARTMENTS

PROJECT, AUTHORIZING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $33,500,000, AUTHORIZING THE

DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE

OFFERING AND SALE OF SUCH BONDS, AND AUTHORIZING THE EXECUTION AND

DELIVERY OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED

ACTIONS
WHEREAS, the Marina Joint Powers Financing Authority (the “Authority”) is a joint exercise of powers authority duly organized and existing pursuant to the laws of the State of California and a Joint Exercise of Powers Agreement between the City of Marina and the Successor Agency to the Marina Redevelopment Agency (the “Joint Powers Agreement”); and WHEREAS, pursuant to the Joint Powers Agreement and Section 6588(k) of the Marks - Roos Local Bond Pooling Act of 1985, commencing with Section 6584 of the California Government Code (the “Act”), the Authority has the legal authority to make loans to finance and refinance the acquisition of public capital improvements and to issue bonds, notes or other evidence of indebtedness from time to time for such purposes; and WHEREAS, the City is the owner of certain real property located in the City , which is improved with an operating multifamily residential housing development commonly known as “Preston Park Apartments” (the “Project”); and
WHEREAS, pursuant to that certain Lease Agreement between the City and the Preston Park Sustainable Community Nonprofit Corporation (the “Corporation”), dated September 15, 2015 (as amended, the “Lease Agreement”), the City leased the Project to the Corporation and the Corporation agreed to operate the Project in accordance with the Lease Agreement; and WHEREAS, the Corporation financed the purchase price of the Project by obtaining a loan in the principal amount of $35,950,000 (the “Prior Loan”) from Newmark (as successor to Berkeley Point Capital LLC, the “Prior Lender”), pursuant to that certain Loan Agreement dated January 7, 2016, between the Corporation and the Prior Lender; and WHEREAS, the Prior Loan is struct ured with interest -only payments for ten (10) years, and matures, with all principal and accrued interest coming due, on February 1, 2026; and WHEREAS, the Corporation, the City, and the Authority desire to refinance the Prior Loan; and
WHEREAS, the City is a member of the Authority and the Project is located within the boundaries of the City; and
WHEREAS, the City has, prior to the consideration of this Resolution, held a public hearing on the refinancing of the acquisition cost of the Project in accordance with Section 6586.5

EXHIBIT C
19 of the Act, which hearing was held at 211 Hillcrest Avenue , Marina, California 93933 on December 16, 2025, and adopted its resolution approving the financing and making a finding of significant public benefit in accordance with the Act; and WHEREAS, in accordance with Section 6586.5 of the Act, notice of such hearing was published once at least five days prior to the hearing in The Monterey County Herald , a n adjudicated local newspaper of general circulation in the City; and WHEREAS, the Authority, the Corporation, and the City have determined that it would be in the best interests of the Authority, the Corporation, the City , and residents of the City to authorize the preparation, sale and delivery of the “ Marina Joint Powers Financing Authority Multifamily Housing Revenue Bonds (Fannie Mae MBS -Secured) Series 2026 (Preston Park Apartments)” (the “Bonds”) for the purpose of (i) refinancing the Prior Loan , (ii) purchasing a credit enhancement for the Prior Loan from Fannie Mae, and (iii) paying costs of issuance of th e Bonds; and
WHEREAS, the Authority will issue the Bonds pursuant to the Act; and WHEREAS, the Bonds will be issued pursuant to an Indenture of Trust (the “Indenture”) by and between the Authority and U.S. Bank Trust Company, National Association (the “Trustee”), pursuant to which the Authority will assign certain of its rights and obligations to the Trustee, including its right to receive payments from the Corporation pursuant to a Financing Agreement between the Authority and the Corporation (the “Financing Agreement”); and WHEREAS, in order to refinance the Prior Loan, the Corporation will obtain a loan from Berkadia Commercial Mortgage LLC (the “Lender”) in an original principal amount not to exceed $33,500,000 (the “Mortgage Loan”), pursuant to the terms of a Multifamily Loan and Security Agreement (the “Mortgage Loan Agreement”); and
WHEREAS, the Mortgage Loan provided by the Lender will further be evidenced by a promissory note and secured by a deed of trust to be recorded against the Corporation’s leasehold interest in the Project; and
WHEREAS, the City Council of the City previously adopted a Debt Management Policy that complies with Government Code Section 8855(i) (the “Debt Management Policy”), which Debt Management Policy is by this Resolution hereby adopted by the Authority, and the sale and issuance of the Bonds as contemplated by this Resolution complies with the Debt Management Policy; and
WHEREAS, the Corporation and the Authority desire to provide for a public sale of the Bonds; and
WHEREAS, the Corporation and the Authority have selected Stifel, Nicolaus & Company, Incorporated, to act as underwriter (the “Underwriter”) and to purchase the Bonds from the Authority pursuant to a Bond Purchase Agreement (the “Bond Purchase Agreement”); and WHEREAS, a form of the Preliminary Official Statement for the Bonds (the “Preliminary Official Statement”) has been prepared; and
WHEREAS, good faith estimates of certain information relating to the Bonds are disclosed and set forth in Exhibit A attached to this Resolution as required by California Government Code Section 5852.1; such estimates were provided by Fieldman, Rolapp & Associates, Inc. (the

EXHIBIT C
20 “Municipal Advisor ”), based on preliminary bond pricing information provided by the Underwriter; and
WHEREAS, the Governing Board of the Authority (the “Board of Directors”) has been presented with the form of the Indenture, Financing Agreement, Bond Purchase Agreement, and Preliminary Official Statement , and the Board of Directors has examined and approved each document and desires to authorize and direct the execution of such documents and the consummation of such financing; and
WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of such financing authorized hereby do exist, have happened and hav e been performed in regular and due time, form and manner as required by law, and the Authority is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Marina Joint Powers Financing Authority as follows:

SECTION 1. All of the recitals herein contained are true and correct and the Board of Directors so finds. The Board of Directors of the Authority has determined and hereby finds that the Authority’s assistance in refinancing the Prior Loan by the issuance of the Bonds and related transactions will result in significant public benefits of the type described in Section 6586(a) through (d), inclusive, of the Act.

SECTION 2 . The form of the Financing Agreement on file with the Secretary of the Authority is hereby approved, and the President, Vice President, Executive Director, Treasurer, and Secretary of the Authority, and each of their authorized designees (the “Authorized Officers”), are each hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the Financing Agreement, in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the principal amount of the Mortgage Loan shall not exceed $33,500,000 and the true interest cost applicable to the interest components of the payments under the Mortgage Loan shall not exceed 6.00% per annum.

SECTION 3. The form of Indenture on file with the Secretary of the Authority is hereby approved, and the Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the Indenture in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the aggregate principal amount of the Bonds shall not exceed $33,500,000, the final maturity date of the Bonds shall be no later than March 1, 2037, and the true interest cost applicable to the Bonds shall not exceed 6.00% per annum and, provided, further, that such changes, insertions and omissions shall be consistent with the terms of the Bonds established at negotiated sale pursuant to the Bond Purchase Agreement.

SECTION 4. The issuance of not to exceed $33,500,000 aggregate principal amount of the Bonds, in the principal amounts, bearing interest at the rates and maturing on the dates as specified in the Indenture as finally executed, is hereby authorized and approved.

EXHIBIT C
21 SECTION 5. The form of Bond Purchase Agreement on file with the Secretary of the Authority is hereby approved, and the Authorized Officers are each hereby authorized and directed, for and in the name of the Authority to execute and deliver the Bond Purchase Agreement in substantially said form, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Bond Purchase Agreem ent by such Authorized Officer; provided, however, that such changes, insertions and omissions shall not result in an aggregate underwriter’s discount (not including any original issue discount paid by the Underwriter) from the principal amount of the Bond s in excess of 0.75% of the aggregate principal amount of the Bonds plus $5,000.00.

SECTION 6. The form of Preliminary Official Statement on file with the Secretary of the Authority is hereby approved, with such changes, insertions and omissions therein as may be approved by an Authorized Officer, and the use of the Preliminary Official Statement in connection with the offering and sale of the Bonds is hereby authorized and approved. The Authorized Officers are each hereby authorized to certify on behalf of the Authority that the Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (except for the omission of certain final pricing, rating and related information as permitted by such Rule).

SECTION 7. The preparation and delivery of an Official Statement, and its use in connection with the offering and sale of the Bonds, is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement wi th such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. The Authorized Officers are each hereby authorized and directed, for and in the name o f and on behalf of the Authority, to execute the final Official Statement and any amendment or supplement thereto for and in the name and on behalf of the Authority.

SECTION 8. Stradling Yocca Carlson & Rauth LLP, is hereby approved and appointed as Bond Counsel , Fieldman, Rolapp & Associates, Inc. , is hereby approved and appointed as Municipal Advisor, and U.S. Bank Trust Company, National Association is hereby appointed as Trustee, each to provide such services to the Authority and any other related services as may be required to issue the Bonds.

SECTION 9. With the passage of this Resolution, the Authority hereby adopts the City’s Debt Management Policy and certifies that such Debt Management Policy complies with Government Code Section 8855(i), and that the Authority’s financing described in this Resolution and its obligations under the Indenture as contemplated by this Resolution is in compliance with the Debt Management Policy, and to the extent the sale and issuance of the Bonds is no t in compliance with the Debt Management Policy, such noncompliance is waived in accordance with the terms of the Debt Management Policy. The Authority hereby instructs Stradling Yocca Carlson & Rauth LLP, as Bond Counsel, on behalf of the Authority, with respect to the Bonds described in this Resolution: (a) to cause notices of the proposed sale and final sale of the Bonds to be filed in a timely manner with the California Debt and Investment Advisory Commission pursuant to Government Code Section 8855, and (b) to check, on behalf of the Authority, the “Yes” box relating to such certifications in the notice of proposed sale filed pursuant to Governme nt Code Section 8855.

EXHIBIT C
22 SECTION 10. The officers and agents of the Authority are hereby authorized and directed, jointly and severally, to prepare, execute, and deliver certificates, agreements, and other instruments and to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, including without limitation execution of such instruments, certifications, and agreemen ts as may be required by Fannie Mae or the Lender in connection with the Fannie Mae credit enhancement and/or the Mortgage Loan to be provided by the Lender, and taking such other actions and executing such other instruments as may be necessary or appropriate to deliver or perfect the security for the Bonds and/or the Mortgage Loan as provided in the Indenture, the Financing Agreement, and the Mortgage Loan Agreement . All actions heretofore taken by the Authorized Officers and the officers and agents of the Authority with respect to the transactions set forth above are hereby approved, confirmed and ratified. The Board of Directors hereby appoints the City Manager of the City to serve as the Executive Director of the Authority, the City Clerk of the City to serve as the Secretary of the Authority, and the Finance Director of the City to serve as the Treasurer of the Authority.

SECTION 11. The Board of Directors hereby approves the execution and delivery of any and all agreements, documents, certificates and instruments referred to herein with electronic signatures as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the Government Code using DocuSign.

SECTION 12. This Resolution shall take effect from and after its date of adoption.

PASSED AND ADOPTED by the Board of the Marina Joint Powers Finance Authority at a regular meeting duly held on this 16th day of December 2025 by the following vote:

AYES, BOARD MEMBERS:

NOES, BOARD MEMBERS:

ABSTAIN, BOARD MEMBERS:

ABSENT, BOARD MEMBERS:

Bruce, C. Delgado, President of the
Marina Joint Powers Financing Authority
ATTEST:

Anita Sharp, Secretary of the
Marina Joint Powers Financing Authority

EXHIBIT C
23 EXHIBIT A

GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Bonds in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the Authority by the Authority’s Municipal Advisor, Fieldman, Rolapp & Associates, Inc., in consultation with Stifel, Nicolaus & Company, Incorporated, the Underwriter of the Bonds, as of December 9, 2025.

Principal Amount. The Municipal Advisor has informed the Authority that, based on the Authority’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Bonds to be issued and sold is $30,825,000 (the “Estimated Principal Amount”).

True Interest Cost of the Bonds . The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Bonds, is 4.67%.

Finance Charge of the Bonds . The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Bonds), is $1,164,000.

Amount of Proceeds to be Received . The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the Authority for sale of the Bonds, less the finance charge of the Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Bonds, is $30,825,000.

Total Payment Amount. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the Authority will make to pay debt service on the Bonds, plus the finance charge for the Bonds, as described above, not paid with the proceeds of the Bonds, calculated to the final maturity of the Bonds, is $41,804,815, which excludes any reserves or capitalized interest paid or funded with proceeds of the Bonds (which may offset such total payment amount) and further excludes future administrative costs such as trustee and continuing disclosure costs.

EXHIBIT C
24 4919-5136-6009v6/202027-0004
of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Bonds issued and sold being different from the Estimated Principal Amount, (c) the actual amortization of the Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at th e time of sale of the Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, (f) alterations to the Authority’s financing plan, or a combination of such factors.

EXHIBIT C
25 4924-4254-1687v3/202027-0004

INDENTURE OF TRUST
Between

MARINA JOINT POWERS FINANCING AUTHORITY,
As Issuer
and
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
As Trustee
Dated as of [January 1, 2026]
Securing
$[Par Amount]

MARINA JOINT POWERS FINANCING AUTHORITY

MULTIFAMILY HOUSING REVENUE BONDS
(FANNIE MAE MBS-SECURED) SERIES 2026
(PRESTON PARK APARTMENTS)

EXHIBIT D
26 TABLE OF CONTENTS
Page
i
4924-4254-1687v3/202027-0004

ARTICLE I

DEFINITIONS AND INTERPRETATION
Section 1.01 Definitions ............................................................................................................ 3 Section 1.02 Rules of Construction ........................................................................................ 12

ARTICLE II

THE BONDS
Section 2.01 Authorization of Bonds ...................................................................................... 13 Section 2.02 Terms of Bonds .................................................................................................. 13 Section 2.03 Execution; Limited Obligation........................................................................... 14 Section 2.04 Authentication .................................................................................................... 15 Section 2.05 Form of Bonds ................................................................................................... 15 Section 2.06 Delivery of Bonds .............................................................................................. 15 Section 2.07 Bonds Mutilated, Lost, Destroyed or Stolen ...................................................... 16 Section 2.08 Registration, Transfer and Exchange of Bonds; Persons Treated as Owners .... 16 Section 2.09 Cancellation of Bonds ........................................................................................ 17 Section 2.10 Pledge Effected by Indenture ............................................................................. 17 Section 2.11 Book-Entry System; Limited Obligation ........................................................... 17 Section 2.12 Representation Letter ......................................................................................... 19 Section 2.13 Transfers Outside Book-Entry System ............................................................... 19 Section 2.14 Payments and Notices to the Nominee .............................................................. 20 Section 2.15 Initial Depository and Nominee ......................................................................... 20

ARTICLE III

REDEMPTION OF BONDS
Section 3.01 Terms of Redemption ......................................................................................... 20 Section 3.02 Notice of Redemption ........................................................................................ 22 Section 3.03 Payment of Redemption Price ........................................................................... 22 Section 3.04 Extension of MBS Delivery Date Deadline ....................................................... 23 Section 3.05 Cancellation ....................................................................................................... 23

ARTICLE IV

DELIVERY OF MBS
Section 4.01 Delivery of MBS ................................................................................................ 23

ARTICLE V

TRUST ESTATE AND FUNDS
Section 5.01 Pledge of Trust Estate ........................................................................................ 24 Section 5.02 Establishment of Funds ...................................................................................... 24 Section 5.03 Application of Funds on [MBS Delivery Date and Prior Loan Payment Date] . 24 Section 5.04 Initial Deposits ................................................................................................... 25 Section 5.05 Revenue Fund .................................................................................................... 25 Section 5.06 Rebate Fund ....................................................................................................... 26 Section 5.07 Costs of Issuance Fund ...................................................................................... 26 Section 5.08 Bond Proceeds Fund .......................................................................................... 26 Section 5.09 [Prior Loan Payment Fund ................................................................................. 27 Section 5.10 Accounting Records ........................................................................................... 27 Section 5.11 Amounts Remaining in Funds ........................................................................... 27

EXHIBIT D
27 TABLE OF CONTENTS
(Continued)
Page
ii
4924-4254-1687v3/202027-0004
Section 5.12 Investment of Funds ........................................................................................... 27 Section 5.13 Moneys Held for Particular Bonds..................................................................... 28 Section 5.14 Funds Held in Trust ............................................................................................ 28 Section 5.15 Reports From the Trustee ................................................................................... 28 Section 5.16 Covenants Respecting Arbitrage and Rebate ..................................................... 28

ARTICLE VI

COVENANTS OF ISSUER
Section 6.01 Payment of Bonds .............................................................................................. 28 Section 6.02 Performance of Covenants by Issuer ................................................................. 29 Section 6.03 Tax Covenants .................................................................................................... 30 Section 6.04 Compliance with Conditions Precedent ............................................................. 30 Section 6.05 Extension of Payment of Bonds ......................................................................... 30 Section 6.06 Further Assurances ............................................................................................. 31 Section 6.07 Powers as to Bonds and Pledge ......................................................................... 31 Section 6.08 Preservation of MBS Revenues; Amendment of Agreements ........................... 31 Section 6.09 Assignment ........................................................................................................ 32 Section 6.10 Request and Indemnification ............................................................................. 32 Section 6.11 Limitations on Liability ..................................................................................... 32

ARTICLE VII

DISCHARGE OF INDENTURE
Section 7.01 Defeasance ......................................................................................................... 32 Section 7.02 Unclaimed Moneys ............................................................................................ 33 Section 7.03 No Release of MBS ........................................................................................... 33 Section 7.04 Transfer of MBS ................................................................................................ 34 Section 7.05 Issuance of Additional Obligations .................................................................... 34

ARTICLE VIII

DEFAULT PROVISIONS AND REMEDIES

OF TRUSTEE AND BONDHOLDERS
Section 8.01 Events of Default ............................................................................................... 34 Section 8.02 Acceleration; Rescission of Acceleration .......................................................... 34 Section 8.03 Other Remedies; Rights of Bondholders ........................................................... 35 Section 8.04 Representation of Bondholders by Trustee ........................................................ 36 Section 8.05 Action by Trustee ............................................................................................... 37 Section 8.06 Accounting and Examination of Records After Default .................................... 37 Section 8.07 Restriction on Bondholder Action ..................................................................... 37 Section 8.08 Application of Moneys After Default ................................................................ 38 Section 8.09 Control of Proceedings ...................................................................................... 39 Section 8.10 Waivers of Events of Default ............................................................................. 39 Section 8.11 Subordination ..................................................................................................... 39 Section 8.12 Termination of Proceedings ............................................................................... 39 Section 8.13 No Interference or Impairment of MBS ............................................................. 40

ARTICLE IX

THE TRUSTEE
Section 9.01 Acceptance of the Trusts .................................................................................... 40

EXHIBIT D
28 TABLE OF CONTENTS
(Continued)
Page
iii
4924-4254-1687v3/202027-0004
Section 9.02 Fees, Charges and Expenses of Trustee ............................................................. 43 Section 9.03 Intervention by Trustee ...................................................................................... 44 Section 9.04 Merger or Consolidation of Trustee ................................................................... 44 Section 9.05 Resignation by Trustee ....................................................................................... 44 Section 9.06 Removal of Trustee ............................................................................................ 44 Section 9.07 Appointment of Successor Trustee .................................................................... 44 Section 9.08 Transfer of Rights and Property to Successor Trustee ....................................... 45 Section 9.09 Successor Trustee as Bond Registrar, Custodian of Funds and Paying Agent ... 45 Section 9.10 Collection of MBS Payments ............................................................................. 45 Section 9.11 Requests from Rating Agency ........................................................................... 46 Section 9.12 Arbitrage Covenants .......................................................................................... 46

ARTICLE X

SUPPLEMENTAL INDENTURES
Section 10.01 Supplemental Indentures Effective Upon Acceptance ....................................... 47 Section 10.02 Supplemental Indentures Requiring Consent of Bondholders ........................... 48 Section 10.03 Consent of Bondholders ..................................................................................... 48 Section 10.04 Modification by Unanimous Consent ................................................................ 49 Section 10.05 Exclusion of Bonds ............................................................................................ 49 Section 10.06 Notation on Bonds ............................................................................................. 50 Section 10.07 Additional Contracts or Indentures .................................................................... 50 Section 10.08 Opinion of Bond Counsel Concerning Supplemental Indentures ...................... 50

ARTICLE XI

MISCELLANEOUS
Section 11.01 Evidence of Signatures of Bondholders and Ownership of Bonds .................... 50 Section 11.02 Details of Documents Delivered to Trustee ....................................................... 51 Section 11.03 Preservation and Inspection of Documents ........................................................ 51 Section 11.04 No Recourse on Bonds ....................................................................................... 51 Section 11.05 Severability ........................................................................................................ 51 Section 11.06 Notices ............................................................................................................... 51 Section 11.07 Notification of Issuer of Amount of Outstanding Bonds ................................... 54 Section 11.08 Certain Notices to be Provided to the Rating Agency ....................................... 54 Section 11.09 Action Required to be Taken on a Non-Business Day ....................................... 54 Section 11.10 Parties Interested Herein .................................................................................... 54 Section 11.11 Counterparts ....................................................................................................... 54 Section 11.12 Tax Certificate .................................................................................................... 55 Section 11.13 Applicable Provisions of Law; Venue ................................................................ 55 Section 11.14 Patriot Act Notice ............................................................................................... 55 Section 11.15 Reserved ............................................................................................................. 55 Section 11.16 Reserved ............................................................................................................. 55 Section 11.17 Electronic Transactions; Electronic Signatures .................................................. 55

EXHIBIT A FORM OF BOND ............................................................................................ A-1 EXHIBIT B RESERVED ..................................................................................................... B-1

EXHIBIT D
29 4924-4254-1687v3/202027-0004

INDENTURE OF TRUST
This INDENTURE OF TRUST, made and entered into as of [Date] (this “Indenture”), by and between the MARINA JOINT POWERS FINANCING AUTHORITY (together with its successors and assigns, the “Issuer”), a public instrumentality and political subdivision of the State of California (the “State”) created pursuant to Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State (the “Act”) and that certain Joint Exercise of Powers Agreement dated as of July 1, 1990, by and between the City of Marina and the Successor Agency to the Marina Redevelopment Agency (as successor to the Marina Redevelopment Agency) , and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America and authorized to accept and execute trusts of the character herein set forth, including such entity’s successors or any other corporation or association resulting from or surviving any consolidation or merger to which it or its successors may be a party and any successor trustee at any time serving as successor trustee hereunder (the “Trustee”);
W I T N E S S E T H:

WHEREAS, by virtue of the authority of the laws of the State, and particularly the provisions of the Act, the Issuer is authorized to make loans to finance and refinance the acquisition of public capital improvements and to issue bonds, notes or other evidence of indebtedness from time to time for such purposes; and
WHEREAS, in order to provide the funds necessary to refinance the cost of acquiring the Project (as hereinafter defined, along with any other capitalized term used but not defined in the Recitals or Granting Clauses of this Indenture, in Section 1.01), the Issuer has, pursuant to the Act, authorized the issuance of its Multifamily Housing Revenue Bonds (Fannie Mae MBS-Secured) Series 2026 (Preston Park Apartments) (the “Bonds”), in the principal amount of $[Par Amount]; and WHEREAS, pursuant to the Financing Agreement dated as of the date hereof (the “Financing Agreement”) among the Issuer, the Trustee, and Preston Park Sustainable Community Nonprofit Corporation, a California nonprofit corporation (the “Borrower”), the Issuer will use the proceeds of the Bonds to make a loan to the Borrower to refinance the acquisition of the Project; and WHEREAS, pursuant to the Financing Agreement, the Borrower has agreed, among other things, to (a) make payments on the Mortgage Note, and (b) pay all required fees associated with the Bonds and the Mortgage Loan; and
WHEREAS, to assist in financing the Project, at the direction of the Borrower, amounts on deposit in the Bond Proceeds Fund will be used on the MBS Delivery Date to acquire the MBS from Fannie Mae, which MBS will be backed by a mortgage loan (the “Mortgage Loan”) from Berkadia Commercial Mortgage LLC (the “Lender”) to the Borrower as evidenced by a multifamily note (the “Mortgage Note”) and secured by the Mortgage; and
WHEREAS, the MBS is to be held in trust by the Trustee and pledged under the terms of this Indenture to secure payment of the Bonds; and

EXHIBIT D
30 2
4924-4254-1687v3/202027-0004
WHEREAS, the Issuer has authorized the execution of this Indenture in order to secure the payment of the principal of, premium, if any, and interest on the Bonds and the observance of the covenants and conditions herein contained; and
WHEREAS, the Issuer has determined that all things necessary to make the Bonds, when executed and delivered by the Issuer and authenticated by the Trustee and issued as provided in this Indenture, the valid, binding and legal obligations of the Issuer according to the import thereof, and to constitute this Indenture a valid assignment and pledge of the MBS Revenues and other amounts pledged to the payment of the principal of, premium, if any, and interest on the Bonds and a valid and binding agreement for the uses and purposes herein set forth, have been duly taken, and the creation, execution and delivery of this Indenture and the creation, execution and delivery of the Bonds, subject to the terms hereof, have in all respects been duly authorized; NOW, THEREFORE, THIS INDENTURE OF TRUST WITNESSETH:

The Issuer, in order to secure the payment of the principal of, the premium, if any, and the interest on all Bonds at any time issued and outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the co venants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the purchase and acceptance of the Bonds by the owners thereof, and for other valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, warrant, convey, confirm, assign, transfer in trust, grant a security interest in, pledge and set over unto the Trustee, the property of the Issuer, real and personal, hereinafter described, for the benefit of the Bondholders, subject only to the provisions hereof permitting the application thereof for or to the purposes and on the terms and conditions set forth herein (said property being herein sometimes referred to as the “Trust Estate”):

GRANTING CLAUSES
I.

All right, title and interest of the Issuer in and to (a) amounts on deposit in the Bond Proceeds Fund to be funded at closing in an amount equal to the principal amount of the Bonds and (b) Eligible Funds on deposit in the Revenue Fund (including but not limited to the Negative Arbitrage Account thereof);
II.
(a) 100% of the beneficial ownership interest in the MBS, if the MBS is issued by Fannie Mae and acquired by the Trustee, and (b) all MBS Revenues;
III.

All right, title and interest of the Issuer now owned or hereafter acquired in, to and under the Financing Agreement (except Reserved Rights) and the Regulatory Agreement; and IV.

All other funds, accounts and property which by the express provisions of this Indenture is required to be subject to the lien hereof, and any additional property that, from time to time, by delivery

EXHIBIT D
31 3
4924-4254-1687v3/202027-0004
or by writing of any kind, may be subjected to the lien hereof, by the Issuer or by anyone on its behalf, and the Trustee is hereby authorized to receive the same at any time as additional security hereunder; provided, however, that the Trust Estate shall not include amounts on deposit in the Rebate Fund [or the Prior Loan Payment Fund];
TO HA VE AND TO HOLD all and singular with all privileges and appurtenances hereby given, granted, bargained, sold, conveyed, assigned, pledged, mortgaged and transferred or agreed or intended so to be, whether now owned or hereafter acquired, including any and all additional property that by virtue of any provision hereof or of any indenture supplemental hereto shall hereafter become subject to this Indenture and to the trusts hereby created, unto the Trustee and its successors in trust and assigns forever;
IN TRUST, NEVERTHELESS, upon the terms and trusts herein set forth for the equal and proportionate benefit, security and protection of the registered owners from time to time of any of the Bonds authenticated and delivered under this Indenture and issued by the Issuer and Outst anding, without preference, priority or distinction as to lien, or otherwise of any one Bond over any other Bond by reason of priority in the issue, sale or negotiation thereof, or of any other cause, and for the benefit of Fannie Mae as herein provided;
PROVIDED, HOWEVER, that if the Issuer, its successors or assigns, shall well and truly pay, or cause to be paid, the principal of, premium, if any, and interest on the Bonds due or to become due thereon, at the times and in the manner mentioned in the Bonds according to th e true intent and meaning thereof, or shall provide, as permitted hereby, for the payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall well and truly keep, perform and observe all the covenants and conditions pursuant to the terms of this Indenture to be kept, performed and observed by it, and shall pay, cause to be paid or make provision for payment to the Trustee of all sums of money due or to become due in accordance with the terms and provisions hereof, then upon such final payment this Indenture and the rights hereby granted shall cease, determine and be void; otherwise this Indenture shall remain in full force and effect; AND IT IS HEREBY COVENANTED that all of the Bonds shall be issued, authenticated and delivered, and that the Trust Estate shall be held by the Trustee, subject to the further covenants, conditions, uses and trusts hereinafter set forth, and the Issuer agrees and covenants with the T rustee and with the registered owners from time to time of the Bonds, as follows:

ARTICLE I

DEFINITIONS AND INTERPRETATION
Section 1.01 Definitions. In addition to the words and phrases defined elsewhere in this Indenture or by reference to the Financing Agreement, unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Indenture and of any indenture supplemental hereto, have the following meanings:
“30/360” means a computation of interest accrual on the basis of a three -hundred sixty (360) day year under the assumption that all months, regardless of length, consist of exactly 30 calendar days.
“Act” has the meaning given to such term in the Recitals hereto.

EXHIBIT D
32 4
4924-4254-1687v3/202027-0004
“Authorized Borrower Representative” means any person who, at any time and from time to time, is designated as the Borrower’s authorized representative by written certificate furnished to the Issuer and the Trustee containing the specimen signature of such person and signed on behalf of the Borrower by any authorized officer of the Borrower, which certificate may designate an alternate or alternates. The Trustee may conclusively presume that a person designated in a written certificate filed with it as an Authorized Borrower Representative is an Authorized Borrower Representative until such time as the Borrower files with it (with a copy to the Issuer) a written certificate revoking such person’s authority to act in such capacity. The initial Authorized Bo rrower Representative is the Executive Director of the Borrower.
“Authorized Denomination” means $5,000 or any integral multiple of $5,000 in excess thereof. “Authorized Officer” means, as applicable, (a) with respect to the Issuer, individually or collectively, the Chair, the Executive Director , the Treasurer, the Secretary, or a duly designated delegate in writing for such purpose by the Executive Director of the Issuer, or such other authorized delegate under the prevailing resolution of the Issuer providing for such authority, and (b) with respect to the Trustee, any [Vice President or Assistant Vice President] of the Trustee having regular responsibility for corporate trust matters.
“Bankruptcy Code” means the Federal Bankruptcy Code, Title 11 of the United States Code. “Beneficial Owner” means the purchaser of a beneficial interest in the Bonds. “Bond” or “Bonds” means the Marina Joint Powers Financing Authority Multifamily Housing Revenue Bonds (Fannie Mae MBS-Secured) Series 2026 (Preston Park Apartments) in the principal amount of $[Par Amount] authorized under and secured by this Indenture and issued pursuant to this Indenture.
“Bond Counsel” means an attorney at law or a firm of attorneys of recognized expertise in the field of federal income tax matters relating to municipal securities selected by the Issuer and acceptable to the Trustee.
“Bond Dated Date” means [January __, 2026].
“Bond Maturity Date” means March 1, 2036.
“Bond Proceeds Fund” means the Fund of that name created and so designated by Section 5.02 hereof.
“Bond Purchase Agreement” means the Bond Purchase Agreement, dated [_______ __, 20__], among the Underwriter, the Issuer, and the Borrower.
“Bond Register” means the registration books of the Issuer maintained by the Trustee as provided in this Indenture on which registration and transfer of the Bonds is to be recorded. “Bond Registrar” has the meaning given to such term in Section 2.08 hereof. “Bondholder” or “Holder” or “Owner” of any Bond or any similar term shall mean the person in whose name any Bond is registered.

EXHIBIT D
33 5
4924-4254-1687v3/202027-0004
“Book-Entry Bonds” means the Bonds for which a Depository or its Nominee is the Bondholder.
“Borrower” has the meaning given to such term in the Recitals hereto, and any permitted successors or assigns of such entity.
“Business Day” means any day other than a Saturday or Sunday, a day when the fiscal agent or paying agent for the MBS is closed, a day when the Federal Reserve Bank of New York is closed, or a day when the Federal Reserve Bank is closed in a district where a securities account is located if the related withdrawal is being made from that securities account, and, with respect to the Bonds, any such day that is also a day on which the Trustee is open for business. “Cash Flow Projection” means cashflow projections prepared by an independent firm of certified public accountants, a financial advisory firm, a law firm or other independent third party qualified and experienced in the preparation of cash flow projections for structured finance transactions similar to the Bonds, establishing, to the satisfaction of the Rating Agency, as applicable, ( i) that following the release of Excess Funds from the Revenue Fund pursuant to this Indenture, there will remain on deposit in the Revenue Fund sufficient funds (without consideration of investment income or Eligible Funds not currently on deposit therein) together with scheduled MBS Payments coming due prior to the next Payment Date, to make the Bond payment on such next Paymen t Date; and (ii) confirming that the subsequent scheduled MBS Payments will be sufficient, together with any unreleased funds that are retained in the Revenue Fund, to pay the Bonds in the amount due on each subsequent Payment Date. The cost and expense of obtaining such Cash Flow Projections shall be the sole responsibility of the Borrower.
“Closing Date” means [January __, 2026.]
“Code” means the United States Internal Revenue Code of 1986, as amended, and the Regulations thereunder, or any successor statute, together with corresponding and applicable final, temporary or proposed regulations and revenue rulings issued or amended with respect thereto by the Treasury Department or Internal Revenue Service of the United States. “Continuing Disclosure Agreement” means the Continuing Disclosure Agreement dated as of the Closing Date, between the Borrower and the Dissemination Agent, as originally executed and as it may be amended from time to time in accordance with the terms thereof. “Costs of Issuance” means costs to the extent incurred in connection with, and allocable to, the issuance of the Bonds within the meaning of Section 147(g) of the Code, including but not limited to the following costs, but only to the extent incurred in connection with, and allocable to, the borrowing:

Underwriter’s fee; counsel fees; financial advisory fees; fees paid to an organization to evaluate the credit quality of an issue; trustee fees; paying agent fees; registrar, certification and authentication fees; accounting fees; printing costs for Bonds and offering documents; public approval process costs; engineering and feasibility study costs; guarantee fees, other than qualified guarantees; and similar costs.
“Costs of Issuance Deposit” means the amount deposited on the Closing Date into the Costs of Issuance Fund.
“Costs of Issuance Fund” means the Fund created and so designated in Section 5.02 hereof.

EXHIBIT D
34 6
4924-4254-1687v3/202027-0004
“Counsel’s Opinion,” “Opinion of Counsel,” or “Opinion” means a written opinion, including opinions supplemental thereto, signed by an attorney or firm of attorneys (who may be counsel for the Issuer, the Borrower or Fannie Mae) acceptable to the recipient thereof. “Depository” means, initially, DTC and any replacement securities depository appointed under this Indenture.
“Dissemination Agent” means Applied Best Practices, LLC , or any successor, as Dissemination Agent under the Continuing Disclosure Agreement. “DTC” means The Depository Trust Company, Brooklyn, New York. “Electronic Means” means the following communications methods: e -mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Trustee, or another method or system specified by the Trustee as available for use in connection with its services hereunder or any other electronic means of communication approved in writing by Fannie Mae.
“Eligible Funds” means:
(a) the proceeds of the Bonds or any other amounts received by the Trustee from the Underwriter;
(b) moneys drawn on a letter of credit;
(c) any amounts received by the Trustee representing advances to the Borrower of proceeds of the Mortgage Loan;
(d) any other amounts for which the Trustee has received an Opinion of Counsel to the effect that the use of such amounts to make payments on the Bonds would not violate Section 362(a) of the Bankruptcy Code (or that relief from the automatic stay provisions o f such Section 362(a) would be available from the bankruptcy court) or be avoidable as preferential payments under Section 547 or 550 of the Bankruptcy Code should the Borrower become a debtor in proceedings commenced under the Bankruptcy Code;
(e) any payments held by the Trustee for a continuous period of 123 days, provided that no act of bankruptcy with respect to the Borrower has occurred during such period; and (f) investment income derived from the investment of the money described in (a) through (e) above.
“Eligible Investments” means, subject to the provisions of Section 5.12 hereof, any of the following obligations which mature (or are redeemable at the option of the Trustee without penalty) at such time or times as to enable timely disbursements to be mad e from the fund in which such investment is held or allocated in accordance with the terms of this Indenture:
(a) Government Obligations; and
(b) to the extent permitted herein, shares or units in any money market mutual fund rated “Aaa-mf” by Moody’s (or the equivalent Highest Rating Category given by the Rating Agency

EXHIBIT D
35 7
4924-4254-1687v3/202027-0004
for that general category of security) (including mutual funds of the Trustee or its affiliates or for which the Trustee or an affiliate thereof serves as investment advisor or provides other services to such mutual fund and receives reasonable compensatio n therefor) that are registered under the Investment Company Act of 1940, as amended, whose investment portfolio consists solely of direct obligations of the government of the United States of America. “Event of Default” means any occurrence or event specified in Section 8.01 hereof. “Excess Funds” means an amount in excess of $_______, or such other amount approved by the Rating Agency as calculated by a Cash Flow Projection. “Extension Deposit” means the deposit of Eligible Funds described in Sections 3.04 and 5.05(b)(ii) hereof.
“Extraordinary Services” and “Extraordinary Expenses” mean all services rendered and all reasonable expenses properly incurred by the Trustee or the Issuer under this Indenture or the Financing Agreement, other than Ordinary Services and Ordinary Expenses. Extraordinary Services and Extraordinary Expenses shall specifically include but are not limited to services rendered or expenses incurred by the Trustee or the Issuer in connection with, or in contemplation of, an Event of Default. “Extraordinary Trustee Fees and Expenses” means the expenses and disbursements payable to the Trustee under this Indenture for Extraordinary Services and Extraordinary Expenses, including extraordinary fees, costs and expenses incurred by the Trustee and t he Trustee’s counsel which are to be paid by the Borrower pursuant to Section 4.02 of the Financing Agreement. “Fannie Mae” means Fannie Mae, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C., § 1716 et seq., and its successors. “Fannie Mae Certificate” means a guaranteed mortgage pass -through Fannie Mae mortgage backed security issued by Fannie Mae in book -entry form, recorded in the name of the Trustee or its nominee, guaranteed as to timely payment of principal of and interest by Fannie Mae, and backed by the Mortgage Loan.
“Financing Agreement” has the meaning given to such term in the Recitals hereto. “Financing Documents” means the Financing Agreement, the Regulatory Agreement, the Tax Certificate, this Indenture and the Bond Purchase Agreement. “Fund” or “Account” means a fund or account created by or pursuant to this Indenture. “Government Obligations” means ( i) noncallable, non -redeemable direct obligations of the United States of America for the full and timely payment of which the full faith and credit of the United States of America is pledged, and (i i) obligations issued by a Person controlled or supervised by and acting as an instrumentality of the United States of America, the full and timely payment of the principal of, premium, if any, and interest on which is fully guaranteed as a full faith and cre dit obligation of the United States of America (including any securities described in ( i) or (ii) issued or held in book -entry form on the books of the Department of the Treasury of the United States of America), which obligations, in either case, are not subject to redemption prior to maturity at less than par at the option of anyone other than the holder thereof.

EXHIBIT D
36 8
4924-4254-1687v3/202027-0004
“Highest Rating Category” means, with respect to an Eligible Investment or the Bonds , that the Eligible Investment or the Bonds, as applicable, are rated by a Rating Agency in the highest rating given by that Rating Agency for that Rating Category, provided that such rating shall include but not be below “Aa1” or “Aa1/VMIG-1” if rated by Moody’s or “A-1+” or “AA+” if rated by S&P. “Indenture” means this Indenture of Trust, dated as of [ January 1, 2026], by and between the Issuer and the Trustee, as it may from time to time be amended, modified or supplemented by Supplemental Indentures.
“Initial Payment Date” means [September 1, 2026 ], on which date interest shall be due and payable for the period from the Closing Date to, but not including, [September 1, 2026]. “Issuer” has the meaning given to such term in the Recitals hereto. “Lender” has the meaning given to such term in the Recitals hereto, and any successors and assigns of such entity.
“Maximum Rate” shall mean the lesser of (i) 12% per annum and (ii) the maximum interest rate that may be paid on the Bonds under State law.
“MBS” shall mean the Fannie Mae Certificate identified in Section 4.01 hereof that, from and after the MBS Delivery Date, is pledged by the Issuer to the Trustee pursuant to this Indenture. “MBS Dated Date” means the 1st day of the month in which the MBS is delivered. “MBS Delivery Date” means the date on which the Trustee receives the MBS backed by the Mortgage Loan, which shall occur not later than the MBS Delivery Date Deadline. “MBS Delivery Date Deadline” means [ February 25, 2026], or, if such day is not a Business Day, the following Business Day, as such date may be extended pursuant to Section 3.04 hereof. “MBS Maturity Date” means February 25, 2036.
“MBS Purchase Price” means the principal amount outstanding on the Mortgage Loan as of the MBS Delivery Date plus accrued interest on the MBS from the MBS Dated Date to the MBS Delivery Date at the Pass-Through Rate.
“MBS Revenues” means all payments made under and pursuant to the MBS. “Moody’s” means Moody’s Investors Service, Inc., a Delaware corporation, and its successors and assigns, or if it is dissolved or no longer assigns credit ratings, then any other nationally recognized statistical rating agency, designated by Fannie Mae, that assigns credit ratings. “Mortgage” means the Multifamily Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated as of the Closing Date, together with all riders and exhibits, securing the Mortgage Loan, executed by the Borrower for the benefit of the Lender, as the same may be amended from time to time.
“Mortgage Loan” means the interest -bearing loan for multifamily housing in the aggregate principal amount of $[Par Amount] funded by the Lender in an amount corresponding to the Bonds

EXHIBIT D
37 9
4924-4254-1687v3/202027-0004
which is evidenced by the Mortgage Note and secured by the Mortgage and the Multifamily Loan and Security Agreement.
“Mortgage Loan Amortization Schedule” means the mortgage loan amortization schedule delivered to the Trustee on the Closing Date with respect to the Mortgage Note, as the same may be replaced by an amended mortgage loan amortization schedule delivered to t he Trustee pursuant to Section 4.03 of the Financing Agreement.
“Mortgage Loan Documents” means, collectively, the Mortgage Note, the Mortgage, the Multifamily Loan and Security Agreement and all other documents, agreements and instruments evidencing, securing or otherwise relating to the Mortgage Loan, as each such do cument, agreement or instrument may be amended, supplemented or restated from time to time. Neither the Financing Agreement nor the Regulatory Agreement is a Mortgage Loan Document and neither document is secured by the Mortgage.
“Mortgage Note” means the Multifamily Note dated the Closing Date from the Borrower payable to the order of the Lender evidencing the Borrower’s obligation to repay the Mortgage Loan, as the same may be amended from time to time.
“Multifamily Loan and Security Agreement” means the Multifamily Loan and Security Agreement dated the Closing Date executed by the Borrower and the Lender. “Negative Arbitrage Account” means the Negative Arbitrage Account of the Revenue Fund created pursuant to Section 5.02 hereof.
“Negative Arbitrage Deposit” means Eligible Funds in the amount of $______ to be deposited on the Closing Date into the Negative Arbitrage Account and as otherwise set forth in Section 5.04 hereof.
“Nominee” means the nominee of the Depository, which may be the Depository, as determined from time to time pursuant hereto.
“Officer’s Certificate” means a certificate signed by an Authorized Officer or, if such certificate pertains to official action taken by the Issuer or official records of the Issuer, by an Authorized Officer. “Ordinary Services” and “Ordinary Expenses” mean those services normally rendered, and those expenses normally incurred, by an issuer or a trustee under instruments similar to this Indenture. “Ordinary Trustee Fees and Expenses” means amounts due to the Trustee for the Ordinary Services and the Ordinary Expenses of the Trustee incurred in connection with its duties under this Indenture, payable annually in advance on the Closing Date and on eac h anniversary thereof in the amount of $[_____] (together with an acceptance fee of $[_____] and a Trustee’s counsel fee of $[_____] each payable upon execution of this Indenture), as well as the annual sum of $[_____ in connection with its duties as Disse mination Agent under the Continuing Disclosure Agreement. The Ordinary Trustee Fees and Expenses and all amounts due to the Trustee for Extraordinary Services and all Extraordinary Expenses of the Trustee will be paid directly by the Borrower pursuant to Section 4.02 of the Financing Agreement.
“Outstanding” means, when used with respect to the Bonds and as of any date, all Bonds theretofore authenticated and delivered under this Indenture except:

EXHIBIT D
38 10
4924-4254-1687v3/202027-0004
(a) any Bond cancelled by the Trustee or delivered to the Trustee for cancellation; (b) any Bond for the payment or redemption of which either (i) moneys equal to the principal amount or Redemption Price thereof, as the case may be, with interest to the date of maturity or redemption date, or (ii) specified types of Eligible Investments or moneys in the amounts, of the maturities and otherwise as described and required under the provisions of Sections 3.01 and 3.03, shall have theretofore been deposited with the Trustee in trust (whether upon or prior to maturity or the redemption date of such Bond) and, except in the case of a Bond to be paid at maturity, as to which a redemption notice shall have been given or provided for in accordance with Section 3.02, and
(c) any Bond in lieu of or in exchange for which another Bond shall have been authenticated and delivered pursuant to this Indenture. “Participant” means a member of, or a participant in, the Depository. “Pass-Through Rate” means _____% per annum.
“Payment Date” means (i) with respect to interest, March 1 and September 1 of each year, commencing on the Initial Payment Date, and (ii) with respect to principal and interest, the stated maturity date for any of the Bonds or any earlier date of redemption of any of the Bonds. “Person” means ___________________.
“Prior Lender” means Newmark.
“Prior Loan” means that certain multifamily loan in the original principal amount of $35,950,000 made by Berkeley Point Capital LLC [(and subsequently sold to the Prior Lender)] to the Borrower, pursuant to that certain Multifamily Loan and Security Agreem ent dated as of January 7, 2016 and evidenced by that certain Multifamily Note made by the Borrower to the order of Berkeley Point Capital LLC [(and subsequently sold to the Prior Lender)], dated January 7, 2016. [“Prior Loan Payment Date” means [January 29, 2026].]
[“Prior Loan Payment Deposit” means the amount deposited on the Closing Date into the Prior Loan Payment Fund.]
“Project” means the multifamily rental housing development, known as Preston Park Apartments, located in the City of Marina, County of Monterey, State of California, on the site described in the Mortgage.
“Rating Agency” means Moody’s, S&P or any other nationally recognized securities rating agency rating the Bonds, or such rating agency’s successors or assigns, and initially means Moody’s so long as Moody’s is rating the Bonds.
“Rating Category” means one of the rating categories of the Rating Agency for the specific type and duration of the applicable Eligible Investment. “Rebate Amount” means, with respect to the Bonds, the amount of rebatable arbitrage as computed in accordance with the Code.

EXHIBIT D
39 11
4924-4254-1687v3/202027-0004
“Rebate Analyst” means a certified public accountant, financial analyst or attorney, or any firm of the foregoing, or a financial institution (which may include the Trustee) experienced in making the arbitrage and rebate calculations required pursuant to S ection 148 of the Code and retained by the Borrower to make the computations and give the directions required pursuant to the Tax Certificate.

Initially, the Rebate Analyst will be [Tiber Hudson LLC.] “Rebate Fund” means the Fund created and so designated in Section 5.02 hereof. “Record Date” means the close of business on the last day of the calendar month prior to the calendar month in which a payment occurs.
“Redemption Price” means the amount required to be delivered to pay principal of, interest on, and redemption premium, if any, in connection with a redemption of the Bonds in accordance with the provisions of Article III hereof.
“Regulations” means the Income Tax Regulations promulgated or proposed under the Code by the Department of the Treasury, as the same may hereafter be amended, including without limitation regulations promulgated by the Department of the Treasury to impleme nt the requirements of Section 148 of the Code.
“Regulatory Agreement” means the Deed Restriction and Regulatory Agreement relating to the Project, dated as of [______ ___, 20__] by and among the City and the Borrower, as it may be amended, supplemented or restated from time to time.
“Representation Letter” has the meaning given to such term in Section 2.12 hereof. “Reserved Rights” means those certain rights of the Issuer under the Financing Documents to which the Issuer is a party to indemnification and to payment or reimbursement of fees and expenses of the Issuer, its right to receive notices and to enforce venue , notice and reporting requirements, its right to inspect and audit the books, records and premises of the Borrower and of the Project, its right to collect attorneys’ fees and related expenses, its right to specifically enforce the Borrower’s covenant to comply with applicable federal tax law and State law (including the Act and the rules and regulations of the Issuer, if any), and its right to give or withhold consent to amendments, changes, modifications and alterations to the Financing Documents relating to the Reserved Rights. “Resolution” means that certain resolution no. ____ of the Board of Directors of the Issuer adopted on [December 16, 2025], authorizing the issuance and sale of the Bonds. “Revenue Fund” means the Fund created and so designated in Section 5.02 hereof. “S&P” means S&P Global Ratings, a division of Standard & Poor’s Financial Services LLC, and its successors and assigns, or if it is dissolved or no longer assigns credit ratings, then any other nationally recognized statistical rating agency, designated by Fannie Mae, that assigns credit ratings. “State” has the meaning given to such term in the Recitals hereto. “Substitute Depository” means a securities depository appointed as successor to DTC hereunder.

EXHIBIT D
40 12
4924-4254-1687v3/202027-0004
“Supplemental Indenture” means any indenture hereafter duly authorized and entered into between the Issuer and the Trustee amending or supplementing this Indenture in accordance with the provisions hereof.
“Tax Certificate” means the Tax Certificate executed by the Issuer and the Borrower, as amended, supplemented or otherwise modified from time to time. “Trust Estate” means all the property, rights, moneys, securities and other amounts pledged and assigned to the Trustee pursuant to the Granting Clauses hereof. “Trustee” has the meaning given to such term in the Recitals hereto. “Trustee Fees and Expenses” means, collectively, the Ordinary Trustee Fees and Expenses and the Extraordinary Trustee Fees and Expenses.
“Underwriter” means Stifel, Nicolaus & Company, Incorporated.

Section 1.02 Rules of Construction.
(a) The singular form of any word used herein, including the terms defined in Section 1.01, shall include the plural, and vice versa, unless the context otherwise requires. The use herein of a pronoun of any gender shall include the correlative words of other genders. (b) Except as otherwise stated herein, all references herein to “Articles,” “Sections” and other subdivisions hereof are to the corresponding Articles, Sections or subdivisions of this Indenture as originally executed; and the words “herein,” “hereof,” “hereun der,” and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof.
(c) The headings or titles of the several Articles and Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not limit or otherwise affect the meaning, construction or effect of this Indenture or describe the scope or intent of any provisions hereof.
(d) All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles as in effect from time to time. (e) Every “request,” “order,” “demand,” “application,” “appointment,” “notice,” “statement,” “certificate,” “consent” or similar action hereunder by any party shall, unless the form thereof is specifically provided, be in writing signed by a duly authorized representative of such party with a duly authorized signature.
(f) The parties hereto acknowledge that each such party and their respective counsel have participated in the drafting and revision of this Indenture and the Financing Agreement.

Accordingly, the parties agree that any rule of construction which disfavors the drafting party shall not apply in the interpretation of this Indenture or the Financing Agreement or any amendment or supplement or exhibit hereto or thereto.
(g) Whenever Fannie Mae is required to give its consent or approval to any matter, whether stated as “consent,” “written consent,” “prior written consent,” “approval,” “written

EXHIBIT D
41 13
4924-4254-1687v3/202027-0004
approval,” “prior written approval” or otherwise, the giving of such consent or approval by Fannie Mae shall be in its sole and complete discretion.
(h) Whenever Fannie Mae shall have any right or option to exercise any discretion, to determine any matter, to accept any presentation or to approve or consent to any matter, such exercise, determination, acceptance, approval or consent shall, without exception, be in Fannie Mae’s sole and absolute discretion.

ARTICLE II

THE BONDS
Section 2.01 Authorization of Bonds . Bonds of the Issuer, to be entitled Multifamily Housing Revenue Bonds (Fannie Mae MBS-Secured) Series 2026 (Preston Park Apartments) are hereby authorized to be issued in an aggregate principal amount of $[Par Amount] and shall be issued subject to the terms, conditions and limitations established in this Indenture as hereinafter provided.

The Bonds may be executed by or on behalf of t he Issuer, authenticated by the Trustee and delivered or caused to be delivered by the Trustee to the original purchasers thereof upon compliance with the requirements set forth in this Indenture.

Section 2.02 Terms of Bonds.
(a) The Bonds shall be dated as of the Bond Dated Date and shall be payable on each Payment Date. Interest shall be calculated on the basis of a year of 30/360. Except as otherwise provided in Section 3.01 hereof, the payment of interest on a Payment Date sh all be in an amount equal to the interest accrued during the preceding six (6) calendar months; provided that the payment of interest on the Initial Payment Date shall relate to the interest accrued from the Bond Dated Date to and including the calendar day immediately preceding the Initial Payment Date. (b) The Bonds shall be issued as registered bonds without coupons in Authorized Denominations. The Bonds shall be lettered “R” and shall be numbered separately from “1” consecutively upwards. The Bonds shall be issued initially as Book-Entry Bonds. (c) The Bonds shall mature (subject to prior redemption as set forth) on the dates, and shall bear interest at the rates per annum (not to exceed the Maximum Rate), set forth below:

Maturity Date Principal Amount Bond Interest Rate CUSIP Number March 1, 2036 $[Par Amount] ____% ______ ___
(d) On each Payment Date, payment of the principal of and interest or premium, if any, on any Bond shall be made to the person appearing on the Bond Register as the registered owner thereof on the applicable Record Date. The principal of and the interest on the Bonds shall be payable in coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts of the United States of America. Unless the Bonds are Book-Entry Bonds, the principal of the Bonds shall be payable to the registered owners thereof upon presentation (except in connection with a redemption of Bonds pursuant to Section 3.01(d) hereof and a maturity of Bonds pursuant to Section 2.02(c) hereof) at the designated corporate trust office of the Trustee or its successors. Unless the Bonds are Book-Entry Bonds, payments of interest on the Bonds and redemption of the Bonds pursuant to Section 3.01(d) hereof shall be paid by check or draft mailed

EXHIBIT D
42 14
4924-4254-1687v3/202027-0004
to the registered owner thereof at such owner’s address as it appears on the registration books maintained by the Trustee on the applicable Record Date or at such other address as is furnished to the Trustee in writing by such owner. The Trustee shall cau se CUSIP number identification with appropriate dollar amounts for each CUSIP number to accompany all payments of interest, principal or Redemption Price made to such owners, whether such payment is made by check or wire transfer.

All payments of principal of and interest on Book-Entry Bonds shall be made and given at the times and in the manner set out in the Representation Letter, as more fully specified in Sections 2.11 and 2.12 hereof.
(e) The Bonds shall be subject to redemption prior to maturity as provided in Article III.
(f) The date of authentication of each Bond shall be the date such Bond is registered.

Section 2.03 Execution; Limited Obligation . The Bonds shall be signed by, or bear the facsimile or manual signature of, an Authorized Officer of the Issuer, and attested to by the manual or facsimile signature of the Secretary of the Board of Directors of the Issuer. In case any one or more of the officers of the Issuer who shall have signed any of the Bonds or whose signature appears on any of the Bonds shall cease to be such officer before the Bonds so signed shall have been actually authenticated or delivered or caused to be delivered by the Trustee or issued by the Issuer, such Bonds may, nevertheless, be authenticated by the Trustee and issued and, upon such authentication, delivery and issue, shall be as binding upon the Issuer as if the persons who signed such Bonds or whose signatures appear on any of the Bonds had not ceased to hold such office until such delivery. Any Bond may be signed on behalf of the Issuer by such persons as at the actual time of execution of the Bonds shall be duly authorized or hold the proper office in the Issuer, although at the date of issuance and delivery of the Bonds such persons may not have been so authorized or have held such office.

THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM THE TRUST ESTATE HEREUNDER. NEITHER THE ISSUER, THE STATE, NOR ANY POLITICAL

SUBDIVISION THEREOF (EXCEPT THE ISSUER, TO THE LIMITED EXTENT SET FORTH

HEREIN) NOR ANY PUBLIC AGENCY SHALL I N ANY EVENT BE LIABLE FOR THE

PAYMENT OF THE PRINCIPAL OF, PREMIUM (IF ANY) OR INTEREST ON THE BONDS OR

FOR THE PERFORMANCE OF ANY PLEDGE, OBLIGATION OR AGREEMENT OF ANY KIND

WHATSOEVER EXCEPT AS SET FORTH HEREIN, AND NONE OF THE BONDS OR ANY OF THE ISSUER’S AGREEMENTS OR OBLIGATIONS SHALL BE CONSTRUED TO CONSTITUTE

AN INDEBTEDNESS OF OR A PLEDGE OF THE FAITH AND CREDIT OF OR A LOAN OF THE

CREDIT OF OR A MORAL OBLIGATION OF ANY OF THE FOREGOING WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION WHATSOEVER. THE ISSUER HAS NO TAXING POWER. The foregoing statement of limitation shall appear on the face of each Bond.

NO OFFICER, AGENT, EMPLOYEE OR ATTORNEY OF THE ISSUER, INCLUDING ANY

PERSON EXECUTING THIS INDENTURE OR THE BONDS, SHALL BE LIABLE

PERSONALLY ON THE BONDS OR FOR ANY REASON RELATING TO THE ISSUANCE OF THE BONDS. NO RECOURSE SHALL BE HAD FOR THE PAYMENT OF THE PRINCIPAL OF

OR THE INTEREST ON THE BONDS, OR FOR ANY CLAIM BASED ON THE BONDS, OR

OTHERWISE IN RESPECT OF THE BONDS, OR BASED ON OR IN RESPECT OF THIS

INDENTURE, AGAINST ANY OFFICER, EMPLOYEE OR AGENT, AS SUCH, OF THE ISSUER

EXHIBIT D
43 15
4924-4254-1687v3/202027-0004

OR ANY SUCCESSOR, WHETHER BY VIRTUE OF ANY CONSTITUTION, STATUTE OR RULE

OF LAW, OR BY THE ENFORCEMENT OF ANY ASSESSMENT OR PENALTY OR

OTHERWISE, ALL SUCH LIABILITY BEING, AND AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE BONDS, EXPRESSLY WAIVED AND RELEASED. The foregoing statement of limitation shall appear on the face of each Bond.

Section 2.04 Authentication. The Bonds shall each bear thereon a certificate of authentication, substantially in the form set forth in Exhibit A hereto and executed by the Trustee.

Only Bonds which bear thereon such executed certificate of authentication shall be entitled to any right or benefit under this Indenture, and no Bond shall be valid for any purpose under this Indenture until such certificate of authentication shall have been duly executed by the Trustee. Such certificate of authentication upon any Bond sha ll be conclusive evidence that the Bond so authenticated has been duly issued under this Indenture and that the holder thereof is entitled to the benefits of this Indenture.

The Trustee’s certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer or signatory of the Trustee, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. The certificate of authentication on all Bonds delivered by the Trustee hereunder shall be dated the date of its authentication.

Section 2.05 Form of Bonds . The Bonds issued pursuant to this Indenture shall be in substantially the form set forth in Exhibit A hereto, with such variations, omissions or insertions as are permitted by this Indenture.

Section 2.06 Delivery of Bonds . After the execution and delivery of this Indenture, the Issuer shall execute and deliver to the Trustee, and the Trustee shall authenticate, the Bonds and deliver them to the Underwriter as directed by the Issuer.

Prior to the delivery by the Trustee of any of the Bonds, there shall be filed with the Trustee:
(a) an executed copy of the Resolution duly certified by an Authorized Officer; (b) executed counterparts of this Indenture, the Financing Agreement, the Regulatory Agreement and the Tax Certificate;
(c) an Opinion of Bond Counsel or counsel to the Issuer, dated the Closing Date, to the effect that this Indenture has been duly executed and delivered by, and constitutes the valid and binding agreement of, the Issuer and that the Bonds constitute the valid and binding limited obligations of the Issuer, subject to any applicable bankruptcy, insolvency, reorganization, moratorium and other laws for the relief of debtors;
(d) an Opinion of Bond Counsel, dated the Closing Date, to the effect that, subject to any exceptions or qualifications stated therein, interest on the Bonds is excluded from gross income for federal income tax purposes under existing laws and is exempt from State personal income taxes; (e) a request and authorization to the Trustee by the Issuer to authenticate and deliver the Bonds to or at the direction of the Underwriter upon payment to the Trustee, but for the account of the Issuer, of a sum specified in such request and authorization. The proceeds of such payment shall be paid over to the Trustee and deposited in the various Funds and Accounts pursuant to, and as specified in, Article V hereof; and

EXHIBIT D
44 16
4924-4254-1687v3/202027-0004
(f) evidence that the Bonds have been rated the Highest Rating Category by the Rating Agency.

Upon receipt of these documents, the Trustee shall authenticate and deliver the Bonds to or upon the order of the Underwriter but only upon payment to the Trustee of the purchase price of the Bonds, together with accrued interest thereon, if any.

Section 2.07 Bonds Mutilated, Lost, Destroyed or Stolen . If any Bond shall become mutilated, the Issuer, at the expense of the owner of such Bond shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be cancelled by it and delivered to, or upon the order of, the Issuer.

If any Bond shall be lost, de stroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence shall be satisfactory to it and indemnity satisfactory to the Trustee shall be given, the Issuer, at the expense of the owner of such Bond, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor. The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Bond authenticated and delivered under this Section and of the expenses which may be incurred by the Issuer and the Trustee in connection therewith. Any Bond authenticated and delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Issuer whether or not the Bond so alleged to be lost, destroyed or stolen shall be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Indenture with all other Bonds secured by this Indenture. If any such Bond shall have matured, or is about to mature, instead of issuing a new Bond the Trustee may pay the same without surrender thereof upon receipt of the aforementioned indemnity.

Section 2.08 Registration, Transfer and Exchange of Bonds; Persons Treated as Owners. The Issuer shall cause books for the registration, transfer and exchange of the Bonds as provided in this Indenture to be kept by the Trustee, which is hereby constituted and appointed the bond registrar with respect to the Bonds (the “Bond Registrar”). At reasonable times and under reasonable regulations established by the Trustee, said books may be inspected and copied by the Issuer or by owners (or a designated representative ther eof) of a majority in aggregate principal amount of the Bonds then Outstanding. The Trustee is also hereby appointed as paying agent for the Bonds.

The registration of each Bond is transferable by the registered owner thereof in person or by its attorney duly authorized in writing at the designated corporate trust office of the Trustee. Upon surrender for registration of transfer of any Bond at such office, the Trustee shall authenticate and deliver in the name of the transferee or transferees a new Bond of the same maturity or maturities and Authorized Denomination for the same aggregate principal amount. Bonds to be exchanged shall be surrendered at said designated corporate trust office of the Trustee, and the Trustee shall authenticate and deliver in exchange therefor a Bond of equal aggregate principal amount of the same maturity and in Authorized Denominations.

All Bonds presented for registration of transfer, exchange or payment (if so required by the Issuer or the Trustee) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signatur e satisfactory to the Trustee, duly executed by the registered owner or by its duly authorized attorney.

EXHIBIT D
45 17
4924-4254-1687v3/202027-0004
The Issuer, the Bond Registrar and the Trustee shall not be required (i) to issue, register the transfer of or exchange any Bonds during a period beginning at the Trustee’s opening of business on the applicable Record Date and ending at the Trustee’s close of business on the applicable Payment Date, or (i i) to register the transfer of or exchange any Bond selected, called or being called for redemption as provided herein. No charge shall be made to any Bondholder for the privilege of registration of transf er as herein provided, but any Bondholder requesting any such registration of transfer shall pay any tax or governmental charge required to be paid therefor.

New Bonds delivered upon any registration of transfer or exchange shall be valid obligations of the Issuer, evidencing the same debt as the Bonds surrendered, shall be secured by this Indenture and shall be entitled to all of the security and benefits here of to the same extent as the Bonds surrendered.

The person in whose name any Bond is registered shall be deemed the owner thereof by the Issuer and the Trustee, and any notice to the contrary shall not be binding upon the Issuer or the Trustee.

Notwithstanding anything herein to the contrary, to the ex tent the Bonds are Book -Entry Bonds, the provisions of Section 2.11 shall govern the exchange and registration of Bonds.

Section 2.09 Cancellation of Bonds. Whenever any Outstanding Bond shall be delivered to the Trustee for cancellation pursuant to this Indenture, upon payment of the principal amount and interest represented thereby, for replacement pursuant to Section 2.07 or for transfer or exchange pursuant to Section 2.08, such Bond shall be canceled and destroyed by the Trustee and, upon written request of the Issuer, counterparts of a certificate of destruction evidencing such destruction shall be furnished by the Trustee to the Issuer.

Section 2.10 Pledge Effected by Indenture . All amounts that may be received under a Fannie Mae trust agreement, all rights of the Issuer or the Trustee under a Fannie Mae trust agreement, and the Trust Estate are hereby ratably pledged to secure the payment of the principal of and the interest on the Bonds, subject only to the provisions of this Indenture permitting the application thereof for other purposes. Additionally, following the MBS Delivery Date, the MBS held pursuant to this Indenture, all amounts that may be received under a Fannie Mae trust agreement, all rights of the Issuer or the Trustee under a Fannie Mae trust agreement and the MBS Revenues are hereby exclusively and ratably pledged to secure the payment of the principal of and the interest on the Bonds, subject only to the provisions of this Indenture permitting the application thereof for other purposes. Each of the foregoing pledges shall be valid and binding and immediately effective, upon its being made or granted, without any physical delivery, filing, recording or further act, and shall be valid and binding as against, and superior to any claims of all others having claims of any kind against the Issuer or any other person, irrespective of whether such other parties have notice of the pledge. Fannie Mae is not responsible for the application of MBS payments to Bondholders. Fannie Mae has made no representation as to whether the scheduled MBS payments will be sufficient in amounts to provide for the scheduled payments on the Bonds, including inte rest payments, sinking fund payment s pursuant to Section 3.01(d), or prepayments pursuant to Section 3.01(e).

Section 2.11 Book-Entry System; Limited Obligation. The Bonds shall be initially issued in the form of a separate single fully registered Bond (which may be typewritten) for each maturity of the Bonds. Upon initial execution, authentication and delivery, the ownership of each such global Bond shall be r egistered in the Bond Register in the name of the Nominee as nominee of the Depository. Except as provided in Section 2.13, all of the Outstanding Bonds shall be registered in the Bond Register kept by the Trustee in t he name of the Nominee and the Bonds may be transferred, in

EXHIBIT D
46 18
4924-4254-1687v3/202027-0004
whole but not in part, only to the Depository, to a Substitute Depository or to another nominee of the Depository or of a Substitute Depository. Each global Bond shall bear a legend substantially to the following effect: “UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED

REPRESENTATIVE OF THE DEPOSITORY (AS DEFINED IN THE INDENTURE OF TRUST)

TO THE TRUSTEE FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY BOND ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER

NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS

REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY), ANY

TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO

ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.”
With respect to Bonds registered in the Bond Register in the name of the Nominee, the Issuer and the Trustee shall have no responsibility or obligation to any Participant or to any person on behalf of which such a Participant holds a beneficial interest in the Bonds. Without limiting the immediately preceding sentence, the Issuer and the Trustee shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any beneficial ownership interest in the Bonds, (b) the delivery to any Participant, Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any redemption notice with respect to the Bonds, including any redemption notice following a failure to purchase the MBS, (c) the selection by the Depository and the Participants of the beneficial interests in the Bonds to be redeemed in part in accordance with the operational arrangements of DTC and as set forth in Section 3.02(b), or (d) the payment to any Participant, Beneficial Owner or any other person, other than the Depository, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The Issuer and the Trustee may treat and consider the person in whose n ame each Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the purpose of payment of principal of, premium, if any, and interest on such Bond, for the purpose of giving redemption notices pursuant to Section 3.02 and other notices with respect to such Bond, and for all other purposes whatsoever, including, without limitation, registering transfers with respect to the Bonds.

The Trustee shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective Bondholders, as shown in the Bond Register kept by the Trustee, or their respective attorneys duly authorized in writing, and all such payments shall be valid hereunder with respect to payment of principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than a Bondholder, as shown in the Bond Register, shall receive a Bond ev idencing the obligation to make payments of principal of, premium, if any, and interest pursuant to this Indenture. Upon delivery by the Depository to the Trustee and the Issuer of written notice to the effect that the Depository has determined to substit ute a new nominee in place of the Nominee, and subject to the provisions herein with respect to Record Dates, the word Nominee in this Indenture shall refer to such new nominee of the Depository.

The Issuer and the Trustee will recognize the Depository or its nominee as the Bondholder of Book-Entry Bonds for all purposes, including receipt of payments, notices and voting, provided the Trustee may recognize votes by or on behalf of Beneficial Owners as if such votes were made by the Bondholders of a related portion of the Bonds when such votes are received in compliance with an omnibus proxy of the Depository or otherwise pursuant to the rules of the Depository or the provisions of the Representation Letter or other comparable evidence delivered to the Trustee by the Bondholders.

EXHIBIT D
47 19
4924-4254-1687v3/202027-0004

SO LONG AS A BOOK-ENTRY SYSTEM OF EVIDENCE OF TRANSFER OR OWNERSHIP OF

ALL THE BONDS IS MAINTAINED IN ACCORDANCE HEREWITH, THE PROVISIONS OF

THIS INDENTURE RELATING TO THE DELIVERY OF PHYSICAL BONDS SHALL BE

DEEMED TO GIVE FULL EFFECT TO SUCH BOOK-ENTRY SYSTEM AND ALL DELIVERIES

OF ANY SUCH BONDS SHALL BE MADE PURSUANT TO THE DELIVERY ORDER PROCEDURES OF DTC, AS IN EFFECT FROM TIME TO TIME.

Section 2.12 Representation Letter. In order to qualify the Bonds for the Depository’s book-entry system, if necessary, any Authorized Officer is hereby authorized to execute, countersign and deliver on behalf of the Issuer to such Depository a letter from the Issuer in substantially the Depository’s standard form representing such matters as shall be necessary to so qualify the Bonds (the “Representation Letter”). The Representation Letter includes such letter as it may be amended, supplemented or restated from time to time, or any agreement entered into in substitution therefor. The execution by the Issuer and delivery of the Representation Letter shall not in any way limit the provisions of Section 2.11 or in any other way impose upon the Issuer any obligation whatsoever with respect to persons having beneficial interests in the Bonds other than the registered owners, as shown in the Bond Register kept by the Trustee. In addition to the execution and delivery of the Representation Letter, any Authorized Officer is hereby authorized to take any other actions, not inconsistent with this Indenture, to qualify the Bonds for the Depository’s book-entry program.

The terms and provisions of the Representation Letter shall govern in the event of any inconsistency between the provisions of this Indenture and the Representation Letter. The Representation Letter may be amended without Bondholder consent.

Section 2.13 Transfers Outside Book-Entry System. If at any time the Issuer determines that continuation of the book-entry system through DTC (or a successor securities Depository) is not in the best interest of the owners of the Bonds, if at any time the Depository notifies the Issuer and the Trustee that it is unwilling or unable to continue as Depository with respect to the Bonds or if at any time the Depository shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation and a Substitute Depository is not appointed by the Issuer within 90 days after the Issuer and the Trustee receive notice or become aware of such condition, as the case may be, the provisions of Section 2.11 shall no longer be applicable and the Issuer shall execute and the Trustee shall authorize and deliver bonds representing the Bonds as provided below. In addition, the Issuer may determine at any time that the Bonds shall no longer be represented by global certificates and that the provisions of Section 2.11 shall no longer apply to the Bonds. In any such event, the Issuer shall execute and the Trustee shall authenticate and deliver certificates representing the Bonds as provided below. Bonds issued in exchange for global certificates pursuant to this Section shall be registered in such names and delivered in such authorized denominations as the Depository, pursuant to instructions from the Participants or otherwise, shall instruct the Issuer and the Trustee. The Trustee shall deliver such certificates representing the Bonds to the persons in whose names such Bonds are so registered.

If the Issuer determines to replace the Depository with another qualified securities depository, the Issuer shall prepare or cause to be prepared a new fully registered global certificate for each of the maturities of each type of Bond, registered in the n ame of such successor or substitute securities depository or its nominee, or make such other arrangements as are acceptable to the Issuer, the Trustee and such securities depository and not inconsistent with the terms of this Indenture.

EXHIBIT D
48 20
4924-4254-1687v3/202027-0004
Section 2.14 Payments and Notices to the Nominee. Notwithstanding any other provision of this Indenture to the contrary, so long as any Bond is registered in the name of the Nominee, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the Representation Letter or as otherwise instructed by the Depository.

Section 2.15 Initial Depository and Nominee. The initial Depository under this Indenture shall be DTC. The initial Nominee shall be Cede & Co., as nominee of DTC.

ARTICLE III

REDEMPTION OF BONDS
Section 3.01 Terms of Redemption . The Bonds shall be subject to redemption prior to maturity as stated in this section.
(a) Mandatory Redemption Prior to MBS Delivery Date . In the event the MBS Delivery Date Deadline is extended in accordance with the terms of this Indenture, it is possible that sinking fund payments may commence on or before the MBS Delivery Deadline, as so extended. On any Payment Date that occurs prior to or during the month in which the MBS is delivered to the Trustee, the Bonds are subject to mandatory redemption as shown in the sinking fund schedule set forth in Section 3.01(d) below, payable with respect to principal first, from money on deposit in the Bond Proceeds Fund and with respect to interest, and premium, if any, from money on deposit in the Revenue Fund or other Eligible Funds.
(b) Mandatory Redemption in Whole Upon Failure to Purchase the MBS by the MBS Delivery Date Deadline . The Bonds are subject to mandatory redemption in whole five (5) calendar days after the MBS Delivery Date Deadline at a Redemption Price equal to 100% of the Outstanding principal amount thereof, plus interest accrued but unpaid from the first day of the month in which the last Payment Date occurred (or, if no Payment Date has occurred, from the Bond Dated Date) to, but not including, such redemption date, if the MBS Delivery Date has not occurred on or prior to the MBS Delivery Date Deadline, payable with respect to principal first, from money on deposit in the Bond Proceeds Fund, and with respect to premium, if any, and interest, from money on deposit in the Revenue Fund and other Eligible Funds.
(c) Mandatory Redemption in Part on the MBS Delivery Date . The Bonds are subject to mandatory redemption in part on the MBS Delivery Date at a Redemption Price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued but unpaid from the first day of the month in which the last Payment Date occurred to, but not including, the MBS Delivery Date, in an amount equal to the difference between (i) the principal amount of the MBS purchased on the MBS Delivery Date and (i i) the aggregate principal amount of the Bonds Outstanding as of the first day of the month in which the MBS Delivery Date occurred, payable with respect to principal first, from money on deposit in the Bond Proceeds Fund, and with respect to interest and premium, if any, from money on deposit in the Revenue Fund and other Eligible Funds. (d) Mandatory Sinking Fund Redemption . The Bonds are subject to mandatory redemption on the respective dates set forth in the schedule below, at the Redemption Price equal to the principal amount thereof, plus accrued interest to, but not including, the redemption date.

EXHIBIT D
49 21
4924-4254-1687v3/202027-0004
Sinking Fund
Payment Date Amount
Sinking Fund
Payment Date Amount

Any scheduled principal payments made pursuant to the Mortgage Loan Amortization Schedule shall be retained by the Trustee and used to make sinking fund payments as set forth in this section. (e) Mandatory Redemption Following Unscheduled Prepayment of the Mortgage Loan.
(i) The Bonds are subject to mandatory redemption in whole or in part one Business Day after the date on which any unscheduled MBS principal payment or prepayment is received by the Trustee, at a Redemption Price equal to 100% of the principal amount thereof, plus accrued interest and premium, if any, received pursuant to the MBS. (ii) The Mortgage Loan is subject to optional prepayment by the Borrower.

Any yield maintenance or prepayment penalty in connection with prepayment of the Mortgage Loan that is received by the Trustee as holder of the MBS will be distributed to Bondholders, as applicable; however, no assurance can be given that all or any portion of such yield maintenance or prepayment penalty will be received by the Trustee as holder of the MBS. (f) Selection of Bonds for Redemption. If less than all of the Bonds are redeemed pursuant to Section 3.01(d), the Bonds shall be redeemed in accordance with the schedule set forth in this Indenture. In the event the Bonds are redeemed in part other than pursuant to Section 3.01(d), the Bonds shall be redeemed ratably across all maturities and the scheduled principal payments on the Bonds to remain outstanding and the mandatory sinking fund redemption requirements for each maturity described in this Indenture shall be adjusted so that the resulting debt service on the Bonds (including scheduled mandatory redemption payments) during each six -month period commencing on each Payment Date is proportional, as nearly as practicable, to the payments on the MBS during each such six-month period, without exceeding the amount available from MBS payments, and other available funds under this Indenture that may be used to pay debt service on the Bonds, during each such six-month period. All Bonds to be redeemed within the same maturity shall be selected by lot.

Any redemption in part shall be in Authorized Denominations and the Lender shall furnish the Trustee with a revised Mortgage Loan Amortization Schedule in connection with such redemption in part (other than with respect to mandatory sinking fund redemption pursuant to Section 3.01(d).

Except as otherwise described above, any Bonds to be called for redemption shall be selected by the Trustee ratably among maturities and within a maturity by lot, such selection to be made prior to the date on which notice of such redemption must be given and Bonds shall be redeemed as soon as practicable after an event causing a redemption shall have occurred. The Trustee shall have no liability for such selections made without gross negligence or willful misconduct.

If it is determined that less than all of the principal amount represented by any Bond is to be called for redemption, then, following notice of intention to redeem such principal amount, the holder thereof shall surrender such Bond to the Trustee on or be fore the applicable redemption date for (a) payment on the redemption date to such Bondholder of the Redemption Price of the amount called for redemption and (b) delivery to such Bondholder of a new Bond or Bonds of such Series in an aggregate

EXHIBIT D
50 22
4924-4254-1687v3/202027-0004
principal amount equal to the unredeemed balance of such Bond. A new Bond representing the unredeemed balance of such Bond shall be issued to the registered owner thereof, without charge therefor. If the registered owner of any Bond selected for redempti on shall fail to present such Bond to the Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the amount called for redemption (and to that extent only).

Section 3.02 Notice of Redemption.
(a) Anytime the Bonds are subject to redemption in whole or in part pursuant to Section 3.01 hereof (except for a redemption pursuant to Section 3.01(e)), the Trustee, in accordance with the provisions of this Indenture, shall give at least five (5) calendar days’ notice, in the name of the Issuer, of the redemption of the Bonds, which notice shall specify the following: (i) the maturity and principal amounts of the Bonds to be redeemed; (i i) the CUSIP number, if any, of the Bonds to be redeemed; (iii) the date of such notice; (i v) the issuance date for such Bonds; ( v) the interest rate on the Bonds to be redeemed; (v i) the redemption date; (vii) any conditions to the occurrence of the redemption; (viii) the place or places where amounts due upon such redemption will be payable; (ix) the Redemption Price; (x) the Trustee’s name and address with a contact person and a phone number; and (xi) that on the redemption date, the Redemption Price shall be paid. Notice delivered as required in this Section 3.02(a) with respect to a redemption pursuant to Section 3.01(b) hereof may be rescinded and annulled on or before the redemption date set forth in such notice if (i) the MBS is delivered on or prior to such redemption date or (i i) the MBS Delivery Date Deadline is extended pursuant to Section 3.04 hereof. Neither the giving of such notice by the Trustee nor the receipt of such notice by the Bondholders shall be a condition precedent to the effectiveness of any such redemption. Not withstanding anything herein to the c ontrary, no notice of redemption shall be required with respect to redemptions pursuant to Section 3.01(e) hereof. (b) The Bonds to be redeemed in part pursuant to Section 3.01 hereof will be selected in accordance with the operational arrangements of DTC or any successor Substitute Depository.
(c) In the event that the MBS has not been purchased by, and delivered to, the Trustee ten (10) Business Days prior to the MBS Delivery Date Deadline (as such date may be extended hereunder), the Trustee shall provide to the Borrower, the Lender, the Issuer and the Underwriter, ten (10) Business Days prior to the MBS Delivery Date Deadline, written notice of such non-purchase.

Notwithstanding this Section 3.02, no prior notice shall be a prerequisite to the effectiveness of any redemption under Section 3.01 hereof which redemption shall occur and be effective irrespective of whether the Trustee fulfills its obligation to provide the notice with respect to Section 3.01 hereof required by this Section 3.02.

Section 3.03 Payment of Redemption Price. With respect to any redemption pursuant to Section 3.01 hereof, notice having been given in the manner provided in Section 3.02 hereof (or not required to be given as a result of a redemption pursuant to Section 3.01(e) hereof), and all conditions to the redemption contained in such notice, if applicable, having been met, the Bonds so called for redemption shall become due and payable on the redemption date so designated at the Redemption Price specified in Section 3.01 hereof, and, except in the case of a redemption pursuant to Sections 3.01 (e) hereof, upon presentation and surrender thereof at the offices specified in such notice, together with,

EXHIBIT D
51 23
4924-4254-1687v3/202027-0004
in the case of Bonds presented by other than the registered owner, a written instrument of transfer duly executed by the registered owner or its duly authorized attorney; provided, however, that so long as the Bonds are registered in the name of the Deposi tory, payment for such redeemed Bonds shall be made in accordance with the Representation Letter of the Issuer. If, on the redemption date, moneys for the redemption of all of the Bonds or the Bonds to be redeemed, together with all accrued interest on such Bonds, which shall equal all interest accrued on the MBS, if delivered, to the redemption date, shall be held by the Trustee so as to be available therefor on said date and if notice of redemption shall have been given as aforesaid, then, from and after the redemption date, interest on the Bonds so called for redemption shall cease to accrue.

Section 3.04 Extension of MBS Delivery Date Deadline . At any time prior to the MBS Delivery Date Deadline, the Borrower may extend the MBS Delivery Date Deadline by ( i) providing to the Trustee, the Lender, the Issuer, the Rating Agency and the Underwriter written notice of any extension of the MBS Delivery Date Deadline, (ii) depositing with the Trustee Eligible Funds for the credit of the Negative Arbitrage Account of the Revenue Fund in an amount, taking into account amounts already on deposit therein, sufficient to pay interest due on the Bonds to the date that is five (5) calendar days after the extended MBS Delivery Date Deadline (the “Extension Deposit”), and (iii) delivering to the Trustee and the Rating Agency a Cash Flow Projection establishing the sufficiency of the Extension Deposit. Extension Deposits may continue to be made by or on behalf of the Borrower until the MBS Delivery Date occurs or the Borrower dec lines to make an Extension Deposit resulting in the mandatory redemption pursuant to Section 3.01(b) hereof; provided, however, the MBS Delivery Date Deadline may not be extended to a date that is later than the fourth anniversary of the Bond Dated Date unless, prior to any extension beyond such date, there shall be filed with the Trustee and the Issuer an opinion of Bond Counsel to the effect that such extension will not, in and of itself, adversely affect the exclusion of interest on the Bonds from gross income for Federal income tax purposes. The cost of such opinion shall be the sole responsibility of the Borrower.

Section 3.05 Cancellation. All Bonds which have been redeemed, paid or retired or received by the Trustee for exchange shall not be reissued but shall be canceled and destroyed by the Trustee in accordance with Section 2.09 hereof.

ARTICLE IV

DELIVERY OF MBS
Section 4.01 Delivery of MBS. The obligation of the Trustee to purchase the MBS on the MBS Delivery Date shall be subject to receipt by the Trustee of written notification from the Lender upon which the Trustee may rely and act without further investigation certifying that the MBS d uly executed by Fannie Mae is available for purchase by the Trustee at the MBS Purchase Price and such other information relating to the MBS as may be reasonably requested by the Trustee, and the Trustee shall confirm that such MBS meets the following requirements:
(a) the MBS shall bear interest at the Pass -Through Rate payable on the 25 th day of each month, commencing on the 25 th day of the month following the month in which the Trustee purchases the MBS, or if any such 25th day is not a Business Day, the next succeeding Business Day, and shall mature on the MBS Maturity Date; and
(b) the MBS shall be acquired by the Trustee on behalf of the Issuer, shall be held at all times by the Trustee in trust for the benefit of the Bondholders and shall be held only in book -

EXHIBIT D
52 24
4924-4254-1687v3/202027-0004
entry form through the United States Federal Reserve Bank book-entry system, pursuant to which the MBS shall have been registered on the records of the Federal Reserve Bank in the name of the Trustee.

The MBS shall be registered in the name of the Trustee or its designee. Upon purchase of the MBS on the MBS Delivery Date, the Trustee shall post a notification to this effect on the Electronic Municipal Market Access website of the Municipal Securities Rulemaking Board.

ARTICLE V

TRUST ESTATE AND FUNDS
Section 5.01 Pledge of Trust Estate. The pledge and assignment of and the security interest granted in the Trust Estate pursuant to the Granting Clauses hereof for the payment of the principal of, premium, if any, and interest on the Bonds, in accordance with their terms and provisions, and for the payment of all other amounts due hereunder, shall attach, be perfected and be valid and binding from and after the time of the delivery of the Bonds by the Trustee or by any person authorized by the Trustee to deliver the Bonds. The Trust Estate so pledged and then or thereafter received by the Trustee shall immediately be subject to the lien of such pledge and security interest without any physical delivery thereof or further act, and the lien of such pledge and security in terest shall be valid and binding and prior to the claims of any and all parties having claims of any kind in tort, contract or otherwise against the Issuer irrespective of whether such parties have notice thereof.

Section 5.02 Establishment of Funds . The Trustee shall establish, maintain and hold in trust the following funds, each of which shall be maintained by the Trustee as a separate and distinct fund or account, and each of which shall be disbursed and applied only as herein authorized:
(a) Revenue Fund, including therein a Negative Arbitrage Account; (b) Costs of Issuance Fund;
(c) Bond Proceeds Fund;
(d) [Prior Loan Payment Fund; and]
(e) Rebate Fund.

The Trustee shall, at the written direction of an Authorized Borrower Representative, and may, in its discretion, establish such additional accounts within any fund, and subaccounts within any of the accounts, as the Issuer or the Trustee may deem necessary or useful for the purpose of identifying more precisely the sources of payments int o and disbursements from that fund and its accounts, or for the purpose of complying with the requirements of the Code, but the establishment of any such account or subaccount shall not alter or modify any of the requirements of this Indenture with respect to a deposit or use of money in the respective Funds, or result in commingling of funds not permitted thereunder.

Section 5.03 Application of Funds on [MBS Delivery Date and Prior Loan Payment Date].
(a) On the MBS Delivery Date, the Trustee shall remit to the Lender, from amounts on deposit in the Bond Proceeds Fund, as payment for the MBS, an amount equal to the aggregate principal amount of the MBS, plus, from the Revenue Fund (and, to the extent amounts in the Revenue

EXHIBIT D
53 25
4924-4254-1687v3/202027-0004
Fund, other than amounts in the Negative Arbitrage Account therein, are insufficient for such purposes, from the Negative Arbitrage Account therein), accrued and unpaid interest on the MBS at the Pass -Through Rate from the first of the month in which the M BS was delivered to, but not including, the MBS Delivery Date.
(b) [On the Prior Loan Payment Date, the Trustee shall remit to the Prior Lender, from amounts on deposit in the Prior Loan Payment Fund, as payment in full of the Prior Loan, an amount equal to the outstanding principal amount of the Prior Loan plus accrued in terest thereon to the Prior Loan Payment Date.]
Section 5.04 Initial Deposits. On the Closing Date, the Trustee shall make the following deposits:
(a) $[______], representing the Costs of Issuance Deposit, shall be deposited into the Costs of Issuance Fund;
(b) $[Par Amount], representing the principal amount of the Bonds shall be deposited into the Bond Proceeds Fund pending application to purchase the MBS by the Trustee as set forth in this Article V; and
(c) $[__________], representing the Negative Arbitrage Deposit, shall be deposited into the Negative Arbitrage Account of the Revenue Fund. (d) [$_________, representing the Prior Loan Payment Deposit, shall be deposited into the Prior Loan Payment Fund and shall be applied to payment in full of the Prior Loan as set forth in this Article V.]
Section 5.05 Revenue Fund.
(a) On any Payment Date that occurs prior to or during the month in which the MBS is delivered to the Trustee, the Trustee shall disburse from the Revenue Fund (and, to the extent amounts in the Revenue Fund, other than from amounts in the Negative Arbitrage A ccount, are insufficient for such purposes, from the Negative Arbitrage Account therein), an amount equal to the amount of interest due on the Bonds.
(b) There shall be deposited into the Negative Arbitrage Account of the Revenue Fund as and when received, (i) the Negative Arbitrage Deposit and (ii) any Extension Deposit. (c) There shall be deposited into the Revenue Fund, as and when received, (i) following the MBS Delivery Date, all moneys received by the Trustee representing principal payments or prepayments, and premium, if any, under the MBS, together with all other amounts required pursuant to this Indenture to be deposited therein, (i i) any other amounts specified in this Indenture, and (iii) all moneys received by the Trustee representing interest payments under the MBS, to be held therein pending application in accordance with the terms hereof. (d) On the MBS Delivery Date, the Trustee shall remit from the Revenue Fund (and, to the extent amounts in the Revenue Fund, other than amounts in the Negative Arbitrage Account therein, are insufficient for such purposes, from the Negative Arbitrage Account therein) to the Lender accrued and unpaid interest on the MBS at the Pass-Through Rate from and including the

EXHIBIT D
54 26
4924-4254-1687v3/202027-0004
first calendar day of the month in which the MBS was delivered to, but not including, the MBS Delivery Date.
(e) On any Payment Date that occurs prior to or during the month in which the MBS is delivered to the Trustee, the Trustee shall disburse from the Revenue Fund (and, to the extent amounts in the Revenue Fund, other than amounts in the Negative Arbitrage Accoun t therein, are insufficient for such purposes, from the Negative Arbitrage Account therein), an amount equal to the amount of principal, if any, and interest due on the Bonds on such Payment Date. On the first Business Day following the first Payment Date following the MBS Delivery Date, the Trustee shall release to the Borrower any remaining balance in the Revenue Fund (including the Negative Arbitrage Account) that exceeds a total of $20,000.
(f) On each Payment Date, the Trustee shall pay to the Bond owners, from the Revenue Fund, the amount listed in the applicable maturity, sinking fund and interest payment schedule set forth herein. All payments of principal and interest shall be paid to Bond owners in proportion to the principal amount of Bonds owned by each Bond owner as set forth on the records of the Trustee at the close of business on the applicable Record Date. (g) If the Trustee does not receive a scheduled payment on the MBS by 5:00 p.m.

Eastern Time on the 25 th day of any month (or the next succeeding Business Day if such day of the month is not a Business Day), the Trustee shall promptly notify Fannie Mae and promptly demand payment under the terms of the guaranty thereof.
(h) Following the MBS Delivery Date, the Trustee is authorized to release Excess Funds from the Revenue Fund to or upon the direction of the Borrower, upon receipt by the Trustee of (1) a written notice from the Borrower to the Trustee to release such Excess Funds, and (2) a Cash Flow Projection.

Section 5.06 Rebate Fund. The Rebate Fund shall not be subject to the lien or encumbrance of this Indenture, but shall be held in trust for the benefit of the United States of America, and shall be subject to the claim of no other person, including that of the Trustee and Bondholders. The interest on any Eligible Investments representing an investment of moneys in the Rebate Fund and any profit arising from the sale thereof shall be retained in the Rebate Fund. Any moneys deposited therein in accordance with the prov isions of this Indenture shall be used for no other purpose than to make payments to the United States Treasury, at the time and in the manner and amount specified in Section 9.12.

Section 5.07 Costs of Issuance Fund . The Trustee shall use amounts in the Costs of Issuance Fund on the Closing Date or as soon as practicable thereafter in accordance with written instructions to be given to the Trustee by the Borrower, upon delivery to the Trustee of appropriate invoices for such expenses. The Trustee shall transfer any unexpended amounts remaining on deposit in the Costs of Issuance Fund six months after the Closing Date to the Revenue Fund and upon such transfer the Costs of Issuance Fund shall be closed.

Section 5.08 Bond Proceeds Fund. Amounts deposited into the Bond Proceeds Fund shall be used by the Trustee on the MBS Delivery Date to pay the principal portion of the MBS Purchase Price in accordance with Section 5.03 hereof. All investment earnings from amounts on deposit in the Bond Proceeds Fund shall be transferred to the Revenue Fund.

EXHIBIT D
55 27
4924-4254-1687v3/202027-0004
Section 5.09 [Prior Loan Payment Fund. On the Closing Date, the Borrower shall cause the Lender to deliver to the Trustee the Prior Loan Payment Deposit, from Mortgage Loan proceeds, to be deposited to the Prior Loan Payment Fund. Amounts deposited into the Prior Loan Payment Fund shall be used by the Trustee on the Prior Loan Payment Date, to pay the outstanding principal and accrued interest due on the Prior Loan in accordance with Section 5.03(b) hereof.] Section 5.10 Accounting Records. The Trustee shall maintain accurate books and records for all Funds and Accounts established hereunder.

Section 5.11 Amounts Remaining in Funds. After full payment of the Bonds (or provision for payment thereof having been made in accordance with Section 7.01) and full payment of the fees and expenses of the Trustee and other amounts required to be paid hereunder and under the Financing Agreement including fees payable to the Issuer and Fannie Mae, any amounts remaining in any Fund hereunder other than the Rebate Fund shall be paid to the Lender for the payment of any amounts due and payable to the Lender and/or Fannie Mae and thereafter, to the Borrower; provided, however, that if a default shall have occurred and remain uncured under the Mortgage Loan of which the Trustee shall have received written notice from Fannie Mae or the Lender, then any such amounts remaining in any Fund or Account hereunder shall be paid to Fannie Mae up to the amount due and payable to Fannie Mae and thereafter to the Borrower.

Section 5.12 Investment of Funds. The moneys held by the Trustee shall constitute trust funds for the purposes hereof. Any moneys attributable to each of the Funds and Accounts hereunder shall be invested by the Trustee at the written direction or telephonic direction (promptly confirmed in writing) of the Borrower in Eligible Investments which mature or are redeemable at par, without penalty, on or before the date on which such funds are expected to be needed for the purposes for which they are held. Notwithstanding anything herein to the contrary except as otherwise set forth in this sentence, (i) prior to the MBS Delivery Date, all amounts in the Bond Proceeds Fund, [the Prior Loan Payment Fund ], and the Revenue Fund shall be invested solely in Eligible Investments, and (ii) following the MBS Delivery Date, payments received with respect to the MBS shall be invested solely in an Eligible Investment described in clause (b) of the definition of Eligible Investments herein which shall mature or be redeemable at par without penalty at the times set forth in this Section 5.12.

All investment earnings from amounts on deposit in the Bond Proceeds Fund, [the Prior Loan Payment Fund], and the Revenue Fund shall be credited to the Revenue Fund. If the Trustee does not receive written direction or telephonic directions (promptly confirmed in writing) from the Borrower regarding the investment of funds, the Trustee shall hold such moneys uninvested. The Trustee may make any and all such investments through its own banking depa rtment or the banking department of any affiliate.

Eligible Investments representing an investment of moneys attributable to any Fund or Account shall be deemed at all times to be a part of such Fund. Such investments shall be sold at the best price obtainable (at least par) whenever it shall be necessary to do so in order to provide moneys to make any transfer, withdrawal, payment or disbursement from such Fund. In the case of any required transfer of moneys to another such Fund, such investments may be transferred to that Fund in lieu of the required moneys if permitted hereby as an investment of moneys in that Fund.

All Eligible Investments acquired by the Trustee pursuant hereto shall be purchased in the name of the Trustee and shall be held for the benefit of the Bondholders pursuant to the terms of this Indenture. The Trustee shall take such actions as shall be ne cessary to ensure that such Eligible

EXHIBIT D
56 28
4924-4254-1687v3/202027-0004
Investments are held pursuant to the terms of this Indenture and are subject to the trust and security interest herein created.

The Trustee shall not be liable or responsible for any loss resulting from any investment made in accordance herewith. The Trustee or its affiliates may act as sponsor, principal or agent in the acquisition or disposition of investments. The Trustee may commingle investments made under the Funds and Accounts established hereunder, but shall account for each separately.

In computing for any purpose hereunder the amount in any Fund or Account on any date, obligations so purchased shall be valued at the lower of cost or par exclusive of accrued interest, and may be so valued as of any time within four (4) days prior to such date.

The Issuer acknowledges that regulations of the Comptroller of the Currency grant the Borrower the right to receive brokerage confirmations of the security transactions as they occur. The Borrower specifically waives such notification to the extent permitted by law and will receive periodic cash transaction statements that will detail all investment transactions. Upon the Borrower’s written election, such statements shall be delivered via the Trustee’s online service and upon electing such service, paper statements shall be provided only upon request.

Section 5.13 Moneys Held for Particular Bonds. The amounts held by the Trustee for the payment of the interest, principal or premium, if any, due on any date with respect to particular Bonds shall, pending such payment, be set aside and held in trust by it for the Bondholders entitled thereto, and for the purposes hereof such interest, principal or premium, if any, after the due date thereof, shall no longer be considered to be unpaid.

Section 5.14 Funds Held in Trust . All moneys held by the Trustee, as such, at any time pursuant to the terms of this Indenture shall be and hereby are assigned, transferred and set over unto the Trustee in trust for the purposes and under the terms and conditions of this Indenture.

Section 5.15 Reports From the Trustee. The Trustee shall furnish to the Borrower (and to Fannie Mae, the Lender, and the Issuer upon request) quarterly statements of the activity and assets held in each of the Funds and Accounts maintained by the Trustee hereunder. Upon the written request of the owner of a Bond, the Trustee, at the cost of the Borrower, shall provide a copy of such statement to the owner of the Bond.

Section 5.16 Covenants Respecting Arbitrage and Rebate . The Trustee shall keep and make available to the Borrower and the Issuer such records concerning the investment of the gross proceeds of the Bonds and the investments of earnings from those investments as may be requested by the Borrower in order to enable the Borrower to fulfill the requirements of Section 148(f) of the Code.

The Trustee expressly covenants and agrees to all document retention and reporting requirements contained in the Tax Certificate.

ARTICLE VI

COVENANTS OF ISSUER
Section 6.01 Payment of Bonds. Subject to the other provisions of this Indenture, the Issuer shall duly and punctually pay or cause to be paid, solely from amounts available in the Trust Estate, the principal of, premium, if any, and interest on the Bonds, at the dates and places and in the manner

EXHIBIT D
57 29
4924-4254-1687v3/202027-0004
described in the Bonds, according to the true intent and meaning thereof. The Bonds are not a general obligation of the Issuer and are payable solely from the Trust Estate.

The payment and other obligations of the Issuer with respect to the Bonds are intended to be, and shall be, independent of the payment and other obligations of the issuer or maker of the Mortgage Note and the MBS.

Section 6.02 Performance of Covenants by Issuer.
(a) In General. The Issuer covenants that it will faithfully perform on its part at all times any and all covenants, undertakings, stipulations and provisions contained in this Indenture, in any and every Bond executed, authenticated and delivered hereunder and in all of its proceedings pertaining thereto; provided, however, that, except for the matters set forth in Section 6.01 hereof relating to payment of the Bonds, the Issuer will not be obligated to take any action or execute any instrument pursuant to any provision hereof until it has been requested to do so by the Borrower or by the Trustee, or has received the instrument to be executed and, at the option of the Issuer, has received from the party requesting such execution assurance satisfactory to the I ssuer that the Issuer will be reimbursed for its reasonable expenses incurred or to be incurred in connection with taking such action or executing such instrument. The Issuer covenants that it is duly authorized under the Constitution and the laws of the State, including particularly the Act and the Resolution, to issue the Bonds authorized hereby and to execute this Indenture, to grant the security interest herein provided, to assign and pledge the Trust Estate (except as otherwise provided herein) and to assign and pledge the amounts hereby assigned and pledged in the manner and to the extent herein set forth, that all action on its part for the issuance of the Bonds and the execution and delivery of this Indenture has been duly and effectively taken and that the Bonds in the hands of the owners thereof are and will be valid and enforceable special, limited obligations of the Issuer according to the terms thereof and hereof. Anything contained in this Indenture to the contrary notwithstanding, it is hereby understood that none of the covenants of the Issuer contained in this Indenture are intended to create a general or primary obligation of the Issuer.
(b) Prohibited Activities. Subject to the limitations on its liability as stated herein, the Issuer represents, warrants, covenants and agrees that it has not knowingly engaged and will not knowingly engage in any activities and that it has not knowingly taken and will not knowin gly take any action which might result in any interest on the Bonds becoming includable in the gross income of the owners thereof for purposes of federal income taxation. (c) Rights Under Financing Agreement . The Financing Agreement sets forth covenants and obligations of the Issuer and the Borrower, and reference is hereby made to the same for a detailed statement of said covenants and obligations. The Issuer agrees to cooperate in the enforcement of all c ovenants and obligations of the Borrower under the Financing Agreement and agrees that the Trustee, in its name, may enforce all rights of the Issuer (other than the Reserved Rights) and all obligations of the Borrower under and pursuant to the Financing Agreement and on behalf of the Bondholders, whether or not the Issuer has undertaken to enforce such rights and obligations.
(d) Issuer’s Further Assurance. At the sole cost and expense of the Borrower, the Issuer covenants that it will do, execute, acknowledge, and deliver or cause to be done, executed, acknowledged, and delivered by the parties within its control, such instruments supplemental hereto and such further acts, instruments, and transfers as the Trustee may reasonably require for the better

EXHIBIT D
58 30
4924-4254-1687v3/202027-0004
assuring, transferring, mortgaging, conveying, pledging, assigning, and confirming unto the Trustee, the Issuer’s interest in and to all interests, revenues, proceeds, and receipts pledged hereby to the payment of the principal of, premium, if any, and interest on the Bonds in the manner and to the extent contemplated herein. The Issuer shall be under no obligation to prepare, record, or file any such instruments or transfers.
(e) Unrelated Bond Issues . The Issuer, prior to the issuance of the Bonds, has issued, and subsequent to the issuance of the Bonds, the Issuer expects to issue various series of bonds in connection with the financing of other projects (said bonds together with any bonds issued by the Issuer between the date hereof and issuance of the Bonds shall be referred to herein as the “Other Bonds”). Any pledge, mortgage, or assignment made in connection with any Other Bonds shall be protected, and any funds pledged or assigned for the payment of principal, premium, if any, or interest on the Other Bonds shall not be used for the payment of principal, premium, if any, or interest on the Bonds. Correspondingly, any pledge, mortgage, or assignment made in connection with the Bonds shall be protected, and any funds pledged or assigned for the payment of the Bonds shall not be used for the payment of principal, premium, if any, or interest on the Other Bonds.

Section 6.03 Tax Covenants. The Issuer shall not take any action that will cause the interest paid on the Bonds to be includable in gross income for federal income tax purposes or to be subject to personal income taxation by the State. In furtherance of the foregoing covenant, the Issuer hereby particularly covenants and agrees with the holders of the Bonds as follows:
(a) No part of the proceeds of the Bonds or any other funds of the Issuer shall be used by the Issuer at any time directly or indirectly to acquire securities or obligations, the acquisition of which, or which in any other manner, would cause any Bond to be an arbitrage bond as defined in Section 148 of the Code and any applicable Regulations promulgated thereunder. (b) The Issuer will not take any action or permit or suffer any action to be taken if the result of the same would be to cause the Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Code and any applicable Regulations promulgated thereunder.

In the event of a conflict between the provisions of this Section 6.03 and the Tax Certificate, the provisions of the Tax Certificate shall control.

Section 6.04 Compliance with Conditions Precedent . Upon the Closing Date, all conditions, acts and things required by law regarding the Issuer to exist, to have happened or to have been performed precedent to or in the issuance of such Bonds shall exist, shall have happened and shall have been performed, and such Bonds, together with all other indebtedness of the Issuer, shall be within every debt and other limit prescribed by law.

Section 6.05 Extension of Payment of Bonds . The Issuer shall not directly or indirectly extend or assent to the extension of the maturity of the principal due on any of the Bonds or the time of payment of interest due on the Bonds, and if the time for payment of any such claims for interest shall be extended through any other means, such Bonds or claims for interest shall not be entitled in case of any default hereunder to any payment out of the Trust Estate or the funds (except funds held in trust for the payment of p articular Bonds pursuant hereto) held by the Trustee, except subject to the provisions of Section 7.02 and subject to the prior payment of the principal of all Bonds issued and Outstanding the maturity of which has occurred and has not been extended and of such portion of the accrued interest on the Bonds which is not represented by such extended claims for interest.

EXHIBIT D
59 31
4924-4254-1687v3/202027-0004
If an Extension Deposit has not been made pursuant to Sections 3.04 and 5.05(b)(ii) hereof, such that the aggregate balance in the Bond Proceeds Fund and the Revenue Fund is equal to 100% of the principal amount of the Bonds plus interest accrued on the Bonds to the date which is five (5) calendar days following the MBS Delivery Date Deadline (as such date may be extended hereunder), then the Bonds shall be subject to mandatory redemption as set forth in Section 3.01(b) hereof.

Section 6.06 Further Assurances. At any time and at all times the Issuer shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge and deliver, all and every such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances and enter into such further agreements as may be necessary or desirable for the better assuring, conveying, granting, assigning or confirming all and singular the rights in, pledge and grant of a security interest in the Trust Estate hereby pledged or assigned in trust, or intended so to be, or which the Issuer may hereafter become bound to pledge or assign in trust.

Section 6.07 Powers as to Bonds and Pledge . The Issuer is duly authorized pursuant to law to authorize and issue the Bonds, to enter into this Indenture and to pledge, assign, transfer and set over unto the Trustee in trust the Trust Estate herein purported to be so pledged, assigned, transferred and set over unto the Trustee in trust hereby in the manner and to the extent provided herein. The Trust Estate so pledged, assigned, transferred and set over in trust is and will be free and clear of any pledge, lien, charge or encumbrance thereon with respect thereto prior to, or of equal rank with, the pledge and assignment in trust created hereby, and all action on the part of the Issuer to that end has been duly and validly taken. The Bonds and the provisions hereof are and will be the valid and bin ding limited obligations of the Issuer in accordance with their terms and the terms hereof. The Trustee shall at all times, to the extent permitted by law, defend, preserve and protect the pledge and assignment in trust of the Trust Estate created hereby and all the rights of the Bondholders hereunder against all claims and demands of all persons whomsoever. The Bonds shall not be deemed to constitute a debt or liability of the State or any political subdivision thereof, other than the Issuer to the limit ed extent herein provided, or a pledge of the faith and credit or the taxing power of the State or of any such political subdivision, but shall be payable solely from funds provided therefor pursuant hereto.

Section 6.08 Preservation of MBS Revenues; Amendment of Agreements . The Issuer shall not take any action to interfere with or impair the pledge and assignment hereunder of the Trust Estate, or the Trustee’s enforcement of any rights hereunder or under the Financing Agreement or the Regulatory Agreement without the prior written consent of the Trustee. The Trustee may give such written consent, and may itself take any such action or consent to an amendment or modification to the Financing Agreement, the Regulatory Agreement or the MBS, only with the written consent of Fannie Mae and following receipt by the Trustee of written confirmation from the Rating Agency that the taking of such action or the execution and delivery of such amendment or modification will not adversely affect the rating then assigned to the Bonds by the Rating Agency, and if the Trustee shall have received an opinion of Bond Counsel substantially to the effect that such action or such amendment or modification will not, in and of itself, adversely af fect the validity of the Bonds or the exclusion of interest on the Bonds from gross income for Federal income tax purposes.

Notwithstanding the foregoing, Fannie Mae and the Borrower may amend the Mortgage Note, and the Mortgage without the consent of the Issuer, the Trustee or the holders of the Bonds so long as any such amendment does not change the amount of principal due under, or the rate of interest payable on the unpaid principal amount of, the MBS or otherwise reduce or modify the payments due under the MBS or adversely impact the tax-exempt status of the Bonds.

EXHIBIT D
60 32
4924-4254-1687v3/202027-0004
Section 6.09 Assignment. Any assignment of the Issuer’s rights in favor of the Trustee shall not include Reserved Rights.

Section 6.10 Request and Indemnification. Where the consent of or other action on the part of the Issuer is required in this or any other document, the Issuer shall have no obligation to act unless first requested to do so, and the Issuer shall have no obligation to expend time or money or to otherwise incur any liability unless indemnity satisfactory to the Issuer has been furnished to it.

Section 6.11 Limitations on Liability. Notwithstanding anything in this Indenture or in the Bonds, the Issuer shall not be required to advance any money derived from any source other than the Trust Estate, consisting of MBS Revenues and other assets pledged under this Indenture for any of the purposes of this Indenture.

No agreements or provisions contained in this Indenture, nor any agreement, covenant or undertaking by the Issuer contained in any document executed by the Issuer in connection with the Project, or the issuance, sale and delivery of the Bonds shall give rise to any pecuniary liability of the Issuer or a charge against its general credit, or shall obligate the Issuer financially in any way except from the application of the Trust Estate, consisting of MBS Revenues and other proceeds pledged to the payment of the Bonds and the proceeds of the Bonds. No failure of the Issuer to comply with any term, condition, covenant or agreement herein or in any document executed by the Issuer in connection with the Project, or the issuance, sale and delivery of the Bonds shall subject the Issuer to liability for any claim for damages, costs or other financial and pecuniary charge except to the extent that the same can be paid or recovered from the Financing Agreement or the Trust Estate, consisting of MBS Revenues and other assets pledged to the payment of the Bonds or the proceeds of the Bonds.

ARTICLE VII

DISCHARGE OF INDENTURE
Section 7.01 Defeasance. (a) If all Bonds shall be paid and discharged as provided in this Section, then all obligations of the Trustee and the Issuer under this Indenture with respect to all Bonds shall cease and terminate, except only (i) the obligation of the Trustee to pay or cause to be paid to the owners thereof all sums due with respect to the Bonds and to register, transfer and exchange Bonds pursuant to Section 2.08 hereof, (ii) the obligation of the Issuer to pay the amounts owing to the Trustee under Section 9.02 hereof from the Trust Estate, and (ii i) the obligation of the Issuer to comply with Sections 6.03 and 9.12 hereof. Any funds held by the Trustee at the time of such termination which are not required for payment to Bondholders or for payment to be made by the Issuer, shall be paid as provided in Section 5.11.

Any Bond or portion thereof in an Authorized Denomination shall be deemed no longer Outstanding under this Indenture if paid or discharged in any one or more of the following ways:
(i) by well and truly paying or causing to be paid the principal of, premium, if any, and interest on such Bond which have become due and payable; or (ii) by depositing with the Trustee, in trust, cash which, together with the amounts then on deposit in the Revenue Fund and dedicated to this purpose, is fully sufficient to pay when due all principal of, and premium, if any, and interest on such Bond to the m aturity or earlier redemption date thereof; or

EXHIBIT D
61 33
4924-4254-1687v3/202027-0004
(iii) by depositing with the Trustee, in trust, any investments listed under the definition of Eligible Investments in Section 1.01, or a combination of cash and such investments, in such amount as in the written opinion of a certified public accountant or natio nally recognized verification agent will, together with the interest to accrue on such Eligible Investments without the need for reinvestment, be fully sufficient to pay when due all principal of, and premium, if any, and interest on such Bond to the matur ity or earlier redemption date thereof, notwithstanding that such Bond shall not have been surrendered for payment.
(b) Notwithstanding the foregoing, no deposit under clauses (i i) and (ii i) of subsection (a) above shall be deemed a payment of such Bond until the earlier to occur of:
(i) if such Bond is by its terms subject to redemption within 45 days, proper notice of redemption of such Bond shall have been previously given in accordance with Section 3.02 to the holder thereof or, in the event such Bond is not by its terms subject to red emption within 45 days of making the deposit under clauses (i i) and (iii) of subsection (a) above, the Issuer shall have given the Trustee irrevocable written instructions to mail by first-class mail, postage prepaid, notice to the holder of such Bond as s oon as practicable stating that the deposit required by clauses (ii) or (iii) of subsection (a) above, as applicable, has been made with the Trustee and that such Bond is deemed to have been paid and further stating such redemption date or dates upon which money will be available for the payment of the principal and accrued interest thereon; or (ii) the maturity of such Bond.
(c) The Trustee shall be entitled to receive and rely upon a report from a nationally recognized accounting firm or other nationally recognized verification agent to provide for the payment of all Bonds to be defeased pursuant to this Section.

Marina City CouncilDecember 16, 2025

Marina City Council
December 16, 2025