ATTACHMENT No. 2
PUBLIC FACILITIES IMPACT FEE
SETTLEMENT/REIMBURSEMENT AGREEMENT
THIS PUBLIC FACILITIES IMPACT FEE CREDIT/REIMBURSEMENT
AGREEMENT ("Agreement"), made and entered into - 2026,
between the City of Merced, a California Charter Municipal Corporation, hereinater called Cive aped reliting the restring or M rect and a Street Circle.
RECITALS
A. Developer has an approved Tentative Subdivision Map #1330 - Bellevue Ranch West, Village 18-22 generally located at the southwest corner of M Street and Bellevue Road, within Planned Development (P-D) #42, with a General Plan designation of Low to Medium Density Residential (LMD.
B. The development is located adjacent to M Street Circle. The addition of proper traffic control signs and restriping of M Street Circle to a one-way is required for proper traffic circulation and safety.
C. M Street is an arterial roadway included in the City's Public Facilities Program (PFFP). As such, improvements beyond the collector equivalent (74-foot right-of-way) are eligible for credit or reimbursement through the PFFP.
D. As required by state law, in order for the City to provide credit or reimbursement for these improvements, the contractors working on the improvements were paid prevailing wage rates.
E. The Developer is required to stripe and add street signs to the west portion of M Street Circle. The City is required to restripe and add street signs on the east portion of M Street Circle.
F. The Developer has agreed to restripe the east portion of M Street Circle and portions of M Street to provide proper traffic circulation and pedestrian safety for the one-way direction of M Street Circle. These improvements are eligible for credit or reimbursement through the PFFP.
X: Agreements\Planning|2026 Public Facility Impact Fee Credit-Reimbursement Agreement-M Street Circle.docx 1 G. 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 A) 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.
Based on the foregoing recitals, and in consideration of the mutual covenants, promises, and agreements herein contained, the parties hereto mutually agree as follows:
1. INCORPORATION OF RECITALS
The RECITALS above are true and correct and constitute an enforceable provision of this Agreement.
POLICIES, ORDINANCES, AND RESOLUTIONS
ree 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 submitted and approved at the ime of oceany of thi hiremental coat of hers as "Exhibit A"
and quantities installed rests on the Developer.
RESERVED
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 he availability of public facility fee program funds. First in time shall e determined by when the public Improvement is completed anc accepted by City.
X:\Agreements Planning|2026|Public Facility Impact Fee Credit-Reimbursement Agreement-M Street Circle.docx 2 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 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.
The Developer is entitled to either fee credit or reimbursement, or a combination of both, in an amount not 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 One Hundred Fourteen Thousand One Hundred Twenty Five and 00/100 Dollars ($114,125.00) for restriping the east portion of M Street and M Street Circle (see Exhibit A).
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
NOTICE OF COMPLETION
Where applicable, City shall record a Notice of Completion with the Merced County Recorder following City's acceptance of the Improvements.
X: \AgreementsiPlanning\2026 Public Facility Impact Fee Credit-Reimbursement Agreement-M Street Circle.docx 3 7. 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 parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject 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.
X: \Agreements\Planning|2026\Public Facility Impact Fee Credit-Reimbursement Agreement-M Street Circle.docx 4 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
X: Agreements|Planning|2026\Public Facility Impact Fee Credit-Reimbursement Agreement-M Street Circle.docx 5 ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
By: CariGornwell 3/12/20516
ACCOUNT DATA:
BY:
Verified by Finance Officer
X:\AgreementslPlanning|2026 Public Facility Impact Fee Credit-Reimbursement Agreement-M Street Circle.docx 6 DEVELOPER:
STONEFIELD HOME, INC.
By:
Greg Hostetler
Its: President
Tax ID No.
Address: 923 E. Pacheco Blvd, Suite C
Los Banos, CA 93635
Telephone: (209) 826-6200
X:\Agreements\Planning\2026\Public Facility Impact Fee Credit-Reimbursement Agreement-M Street Circle.docx 7 EXHIBIT A
Womack Striping, Inc.
1336 Lone Palm Ave. ESTIMATE
Modesto, Ca. 95351
Contractor's LIc. # 647795
Ph. (209) 550-0771
Fax (209) 550-0831
Submitted To:
RANCHWOOD ATTENTION: JOVAN
PHONE:
FAX:
Cell:
Estimate's Date: 10/29/24
J
Job Name: M STREET & M CIRCLE
N
Location: MERCED
B F
Description of Work: Quantity Unit Rate Amount
DOUBLE YELLOW 1,500 LF 5.00 $ 7,500.00
6" THERMO 12,500 LF $ 2.50 $ 31,250.00
STOP LEGENDS 3 EA 350.00 $ 1,050.00
YIELD LEGENDS 2 EA 400.00 $ 800.00
ONLY BUS LEGENDS 4 EA 7,500.00 30,000.00
THERMO ARROWS 45 EA $ 200.00 $ 9,000.00
BIKE LEGENDS 18 EA 200.00 $ 3,600.00
ROAD SIGNS 42 EA 400.00 $ 16,800.00
8"THERMO 200 LF $ 3.00 $ 600.00
12" THERMO 600 LF $ 5.00 $ 3,000.00
PED XING LEGEND 16 EA $ 700.00 $ 11,200.00
ONLY LEFT LEGEND EA $ 700.00 $ 3,500.00
SPEED BUMPS EA 500.00 $ 2,000.00
LADDER CROSSWALK EA 1,500.00 $ 1,500.00
PED BARRICADE 12 EA 750.00 $ 9,000.00
GREEN THERMO SECTIONS 12 EA $ 2,000.00 $ 24,000.00
CHANNELIZERS LS $ 1,000.00 $ 1,000.00
REMOVAL LS $ 4,200.00 $ 4,200.00
MOBILIZATION 10 EA 500.00 $ 5,000.00
PREVAILING WAGES CERTIFIED PAYROLL SUBMITTALS
YES NO / YES NoI YES NO
SPECIAL NOTES: EA
PRICE: $ 165,000.00
Signed: Title:
PRICE TO STRIPE M STREET CIRCLE AND PORTIONS OF M STREET.
DEVELOPER RESPONSIBLE $50,875.00 - WEST PORTION OF M STREET CIRCLE.
CITY RESPONSIBLE FOR $114,125.00 THE EAST PORTION OF M STREET CIRCLE AND M STREET.
FRONTAGE IMPROVEMENTS & INFRASTRUCTURE PLANS FOR: Do 701 TRACT NO. 5368
BELLEVUE RANCH WEST
GPS TIE STATE
гроних Ден-187.38 (ХОД 23) VILLAGE 21 - B
MERCED, CALIFORNIA
BELLEVUE ROAD
REZE
87 VILLAGE 14
VELAGE 214 VILLAGE 21-57
ec. r2 see > E BE ICHMARK ENGINEERING, INC.
LEGEND
BASTING PHOPRED FUTURE 279) 737-0600
STEPHANE DRIVE
FREDM AVENLE (STA AGNO TO STA SCHOO
REBAHAX AVENUE (STA S0-00 TO STA 50+50
VILLAGE 18 TUZISON
BETTER RA 318 TO STA HE
VRLAGE 72-B
VILLAGE 22-E
TRACT NO. 6308-BELLEVUE RANCH WEST LLAGE 21
PARK
25 LOT LAZ DION
VILLAGE 17 SCHOOL
PHONE 87 DE CTY OF LACED
ARROW WOOD DRIVE
aD0 = i
* an 22i WE-RE Com
SH TREETING
GENERAL NOTES AND SPECIFICATIONS
BITaME 9L 80 BENCHMARK ENGINEERING, INC.
FRONTAGE IMPROVEMENTS A INFRASTRUCTURE PLANS FOR CIVIL ENGINEERING & LAND SURVEYING TRACT NO. 5368-BELLEVUE RANCH WEST 507 STREET • LOB BANOS CALIFORNIA • 83835 VILLAGE 21-B 09757-090 FAX:(209) 518-9306
MERCED, CALFORNIA
SCALE 1: - 42
'M' STREET
I GE 0 506 2
OS0A OX 51-1 SON
STRIPING & SIGNING DEMOLITION PLAN
STREET
BARCLAY WAY BOULEVARD (FUTURE) CATHERINE A HOSTETLER
CIRCLE
08-1(0A)
M' STREET
STREET SCuE!' = 40%
0C 10-8-1 R/W SCALE 1 = 30
BELLEVUE ROAD
CIRCLE
STRIPING & SIGNING PLAN BENCHMARK ENGINEERING, INC
oF 18 ONESTI 16A
VIL ENGINEERING 8 LAND SURVEYING
ACT NO. 5368-BELLEVUE RANCH WE 507 J • LOS BANOS, CALIFORNIA • 93635 VILLAGE 21-E (209) 737-0900 FAX: (208) 548-9306
CALIFORN
STEPHANIE DRIVE
CIRCLE
3.8 ACRESE NEIGHBORHOOD PARK /TRANSIT STATION LOT "2"
CIRCLE
"M" STREET "M" STREET
BELLEVUE RANCH EAST
BANGROFT DRIVE
VE
MANDEVILLE LANE
OCTA / 14+44 LECONO
ROUS TO CA BACO STUNGARO SINDE CETE
1241 (12 55 1200 (42 37 Are cos su NO (NE S1 ME CRIERS ON HE L
STRIPING & SIGNING PLAN BENCHMARK ENGINEERING, INC
17A DATE
oF 18 SHEETA CIVIL ENGINEERING & LAND SURVEYIN
All Tone
VILLAGE 21-B
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California Merced
County of.
On June 11, 2026 before me, Regina A. Robles, Notary Public, (insert name and title of the officer)
personally appeared Greg Hostetler
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.
REGINA A. ROBLES
WITNESS my hand and official seal. Notary Public - California Merced County
Commission # 2511572
My Comm. Expires Feb 8, 2029
(Seal)