PUBLIC FACILITIES IMPACT FEE
CREDIT/REIMBURSEMENT AGREEMENT
THIS PUBLIC FACILITIES IMPACT FEE CREDIT/REIMBURSEMENT
AGREEMENT ("Agreement"), made and entered into 20_
between the City of Merced, a California Charter Municipal Corporation, hereinafter called "City," and Yosemite & G, LLC, a California limited liability company, hereinafter called "Developer," relating to the installation of a public improvements on G Street just north of Yosemite Avenue.
RECITALS
A. Developer owns fee title to real property at and commonly known as APN 231-040-045 and more particularly described on attached Exhibit "A" B. On January 19, 2022, the Merced City Planning Commission approved Resolution No 4083 for the Amendment to Vesting Tentative Subdivision Map #1314 located at the northeast corner of G Street and Yosemite Avenue. Developer has entered into a Subdivision Agreement recorded in Document No. _ Merced County Records, which
requires the Developer in install certain improvements on Yosemite Avenue.
C. The construction of those certain improvements, in part, benefit other properties due to the regional use of the roadway.
D. As required by state law, in order for City to provide credit or reimbursement for these improvements, the contractors working on the improvements were paid prevailing wage rates.
Developer will install a center median, a turn lane, striping & signage and other items needed to install the improvements on Yosemite Avenue (an arterial street - City Street) as identified on the Circulation Map of the Merced Vision 2030 General Plan.
F. Developer is qualified to receive either a fee credit, a reimbursement, or a combination of fee credit and reimbursement from the City for the Improvements in an amount not to exceed the cost estimate approved by the City Engineer (Exhibit B) as provided in Chapter 17.62 of the Merced Municipal Code and as provided for under the Policy A-32 of the City's Administrative Policy and Procedure.
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ATTACHMENT 4
G. Security for the installations of the improvements shall be provided in a Labor & Materials Bond and a Performance Bond.
Based on the foregoing recitals, and in consideration of the mutual covenants, promises, and agreements herein contained, the parties hereto mutually agree as follows:
INCORPORATION OF RECITALS
The RECITALS above are true and correct and constitute an enforceable provision of this Agreement.
POLICIES, ORDINANCES, AND RESOLUTIONS
Fee credit or reimbursement for the Improvements shall be made only in accordance with policies, ordinances, and resolutions in effect at the time of execution of this Agreement. Such fee credit or reimbursement shall be limited to the items and quantities actually installed or constructed.
Estimated items and quantities shall be listed in a schedule to be submitter and approved at the time of execution of this Agreement and attached heret as "Exhibit B". The burden of clearly establishing the actual costs of items and quantities installed rests on the Developer.
RESERVED
4. REIMBURSEMENT
If the actual cost of the Improvements is greater than the total amount of fees to be paid for the Development, a reimbursement shall be established hereunder:
A. Developer shall be reimbursed on a first in time basis and based on the availability of public facility fee program funds. First in time shall be determined by when the public Improvement is completed and accepted by City.
B. Reimbursement, if funds are available, shall be paid as prescribed in Chapter 17.62 of the Merced Municipal Code and related
Administrative Policy and Procedure A-32 following the recording of I:\Cardoso\Land Surveying File\Map Chccks\1 - Final Maps|Yosemite Crossing\Phase 3\Reimbursement Agreement| Yosemite Crossing Phasc 3 Reimbursement Agreement.doc
Notice of Completion by the City, and after correction of any and all deficiencies, assuming no labor and material claims are filed, and after Developer has filed a claim therefore, supported by itemized paid invoices for such work or materials.
C. Reimbursements shall not bear interest but shall be owed indefinitely until paid in full.
Developer is entitled to either fee credit or reimbursement, or a combination of both, in an amount not to exceed the Engineer's Estimate approved by the City Engineer. No reimbursement shall be given until and unless the Improvements are constructed and accepted by City.
5. REIMBURSEMENT AMOUNT
The Developer is, therefore, entitled to a reimbursement in an amount not to exceed Two Hundred Forty-One Thousand Six Hundred Ninety-Six Dollars ($241,696.00) for the installation of the improvements on Yosemite Avenue (see Exhibit B).
If the Developer elects to obtain the reimbursement through fee credits, the credit given shall be for a portion of the PFFP fee collected as part of the building permit process. The remaining portion of the PFFP fee would remain the Developer's responsibility. If the reimbursement amount exceeds the PFFP fees for which credits are provided, Developer shall remain entitled to a reimbursement for such difference in accordance with the terms of Section 4.
All of the Improvements shall be subject to the City's final inspection and approval, and in no event shall the reimbursement given hereunder be construed as acceptance of the Improvements, or any portion thereof, by the City.
6. NOTICE OF COMPLETION
Where applicable, City shall record a Notice of Completion with the Merced County Recorder following City's acceptance of the Improvements.
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SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto.
WAIVER
In the event that either City or Developer shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
VENUE
This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Merced.
10. AMENDMENT
This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
11. INTEGRATION
This Agreement constitutes the entire understanding and agreement of the pairs and superies al prices i respect al ray a dreadinget matter hereof.
12. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
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13. COUNTERPARTS
This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
14. CONSTRUCTION
The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against any party, as each party has participated in the drafting of this Agreement.
Whenever the context and construction so require, all words used in the singular shall be deemed to be used in the plural, and vice versa.
15. SECTION HEADINGS
The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal Corporation
BY:
City Manager
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ATTEST:
SCOTT McBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
BY: Craig Gorwell 8/22/2025
City Attorney
ACCOUNT DATA:
BY: Verified by Finance Officer
DEVELOPER:
YOSEMITE & G, LLC,
A California Limited Liability Company
Neil Angelillo
Its: Manager
Tax ID No. 146-1969268
Address: 1080 North Marks Ave., #113
Fresno, CA 93711
Telephone: (559) 222-5768
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ATTEST:
SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
BY: Grain Sorell 8/22/2025
City Attorney
ACCOUNT DATA:
BY:
Verified by Finance Officer
DEVELOPER:
YOSEMITE & G, LLC,
A California Limited Liability Company
By a mergelilla
ell Angelill
Its: Manager
TaxID No. 46-1969268
Address: 7080 North Marks Ave., #113
Fresno, CA 93711
Telephone: (559) 222-5768
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
SS.
County of Fresno
On September 11, 2025
before me, Darryl Evans
Notary Public personally appeared Neil Angelillo
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
QupErans
SIGNATURE
DARRYL EVANS
Notary Public - California
Fresno County
Commission #2490642
My Comm. Expires Jun 16, 2028
CA-Notary Acknowledgment - One Page
EXHIBIT A
All that real property situated in a portion of Section 8, Township 7 South, Range 14 East, M.D.B.& M., City of Merced, County of Merced, State of California, being more particularly described as follows:
"ADJUSTED REMAINDER" as delineated on that certain map entitled "BOUNDARY ADJUSTMENT #24-01 PARCEL MAP FOR YOSEMITE CROSSING" recorded on April 10, 2024, in Book 122, of Parcel Maps, at Pages 35-36, Merced County Records.
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EXHIBIT B
ENGINEER ESTAMATE
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Li CHRISTENSEN
CONSTRUCTION INC -
PROJECT: Yosemite Crossing Ph3 - G Street Reimbursable Improvements 7/17/25
ENGINEER: Golden Valley Engineering 1 Month
CSI # TRADE/DESCRIPTION ESTIMATE SUBCONTRACTOR/NOTES
01000 GENERAL DATA
General Conditions $19,900.00 Allowance
Contractor's Liability Insurance $3,850.00 Allowance
Special Inspections - Compaction Testing, Concrete Sampling, Asphalt Testing $10,000.00 Allowance Surveying & Staking $7,000.00 Allowance
SWPPP (Silt Fence, Waddles, Wash Out, Etc) $4,000.00 Allowance 02000 SITE WORK
G Street Median - Asphalt Demolition $0.00 MVC (Included in Conform Paving Line Item Below) G Street Median - Stamped Concrete $106,986.00 MVC
G Street Median - Concrete Vertical Curb $41,520.00 MVC G Street Median - Conform Paving at Median $12,122.00 MVC G Street Lane Widening - Demo $0.00 Not Included
Traffic Control $18,500.00 Allowance
25000 MISCELLANEOUS
Encroachment Permit Fees
$5,000.00 Allowance
SUBTOTAL $228,878.00
OVERHEAD & PROFIT $12,818.00
TOTAL BUDGET $241,696.00
COST REIMBURSEMENT EXHIBIT
FOR
YOSEMITE CROSSING
PHASE 3
PROPOSED PHASE -
EXISTING PHASE 1- ==7
'G'STREET
1 OFF-SITE QUANTITIES (PHASE)
DESCRIPTION QUANTITY
CENTER MEDIAN:
STAMPED CONCRETE 4863 S.F
6" VERTICAL CURB 865
CONFORM AC 1745 S.F
11000405) 1250 anada birdenome eng AN AN AT STREET: 10082 S.F
GOLDEN VALLEY ° 2 10 60 80
ENGINEERING & SURVEYING
405 W. 19th Street • P.O. Box 349 • Merced, CA 95340 SCALE: 1* = 80° Prono (209)ese Pax 209) 22-3254
Job No. Date: March 2024