OF PARL
CITY COUNCIL OF PARLIER
SPECIAL MEETING
This meeting of the City of Parlier City Council is live streamed and may be accessed at https://www.youtube.com/channel/UCJs3ylcM9NWQGLdwpBCmoAQ DATE: WEDNESDAY, NOVEMBER 20, 2024
TIME: 6:30 PM
PLACE: Parlier City Hall
1100 E. Parlier Avenue
Parlier, CA 93648
CALL TO ORDER/WELCOME:
Roll Call: Mayor Alma M. Beltran, Mayor Pro temp Sabrina Rodriguez, Council member Juanita "Janie" Molina, Council member Diego Garza, Council member Cathryn "Kathy" Solorio, City Clerk Dorothy Garza and Treasurer Michelle Lopez.
FLAG SALUTE: Mayor Alma M. Beltran
INVOCATION:
ADDITIONS/DELETIONS:
PRESENTATIONS/INFORMATIONAL:
David Cerda, Acting City Manager - Status update on 13482 E. Progresso - Bulldog Powerhouse (Gym).
David Cerda, Acting City Manager - Status update on 1030 E. Parlier Avenue - (Vacant building).
Brook Hill, Retail Strategies - Status update.
PUBLIC COMMENT:
At this time any citizen may address the City Council on matters not appearing on the agenda that are within the jurisdiction of the City of Parlier. Speakers shall limit their comments to three (3) minutes unless extended by the Mayor. Please begin your comments by stating your name and City of residence.
The City Council is prohibited by law from taking collective formal action on matters raised during public that are not on the agenda, but individual council members may respond to anyone providing any public comment. No adverse conclusion should be drawn if the City Council does not respond to any public comment. Responses to public comment by individual city council members may or may not reflect the The col mener may or may nor eter
views of any other, or of a majority of council members. The Council may refer the matter to the City Manager or staff or request that it be placed on a future agenda.
CONSENT CALENDAR:
All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of items appearing on the Consent Calendar unless requested to be removed for separate discussion and acted on by separate vote.
1. Approve the Check Report dated November 05, 2024 through November 14, 2024 and review the October BMO, American Express and Home Depot credit card statements.
2. Approve the Minutes for the Regular meeting of November 7, 2024 and October 3, 2024 REGULAR BUSINESS:
3. SUBJECT: Consideration and Necessary Action on approval of Guidelines for the CalHome ADU/JADU Loan Program. Presentation by Jeff O'Neal City Planner.
RECOMMENDATION: Staff recommends that the City Council adopts Resolution No. 2024-76, Approving the Guidelines for the California Department of Housing and Community Development CalHome Accessory Dwelling Unit/Junior Accessory Dwelling Unit Loan Program.
4. SUBJECT: Consideration and Necessary Action on Approval of Resolution No. 2024-77, Awarding Contract to A-C Electric Company to carry all work for the City of Parlier Urban Flood Protection Pump Station Project and authorizing the Acting City Manager to execute the agreement on behalf of the City of Parlier. Presented by Javier Andrade. City Engineer.
RECOMMENDATION: Staff recommends Council approve Resolution No. 2024-77, Awarding Contract to A-C Electric Company for The City of Parlier Urban Flood Protection Pump Station Project and Authorizing the Mayor or Acting City Manager To Execute The Agreement with A-C Electric Company to carry all work for the City of Parlier Urban Flood Protection Pump Station Project.
5. SUBJECT: Consideration and Necessary Action on renting the Civic Center, 745 Tulare Street, Parlier, CA. Presented by David Cerda, Acting City Manager.
RECOMMENDATION: Staff recommends the City Council approve Resolution No. 2024-78 Authorizing and Approving the Rental of Parlier Civic Center Facility for Private Events.
6. SUBJECT: Consideration and Necessary Action on Maxco MOU.
RECOMMENDATION: The City Council approve recommendation to enter into temporary water rate agreement with Maxco Inc.
7. SUBJECT: Consideration and Necessary Action on Negotiated Wastewater Rates with Maxco.
RECOMMENDATION: Staff recommends that monthly wastewater billing amounts to Maxco be fixed at $6,153 per month for the period of August 2023 through April 30, 2025 and approve Resolution 2024-79 Approving a Negotiated Wastewater Rate with Maxco.
BRIEF COMMENTS: COUNCIL COMMUNICATIONS/COMMENTS:
CITY MANAGER:
CITY COUNCIL:
CITY ATTORNEY:
PUBLIC COMMENT ON CLOSED SESSION
THIS PORTION OF THE MEETING IS RESERVED FOR PERSONS DESIRING TO ADDRESS THE COUNCIL ON AN ITEM WHICH IS TO BE CONSIDERED DURING CLOSED SESSION. SPEAKERS SHALL LIMIT THEIR COMMENTS TO THREE (3) MINUTES.
CLOSED SESSION:
8. Conference with Legal Counsel - Anticipated Litigation Two Cases.
(Government Code Section 54956.9)
9. Conference with Legal Counsel - Existing Litigation
Torres v. City of Parlier
(Government Code Section 54956.9)
10: Conference with Legal Counsel - Existing Litigation Garza v. City of Parlier
(Government Code Section 54956.9)
ADJOURNMENT
ADA NOTICE
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 646-3545 ext. 227. Notification 48 hours prior to the meeting will enable the city to ensure accessibility to this meeting.
DOCUMENTS
Any writings or documents provided to a majority of the City Council regarding any item on this genda will be made available for public inspection at the front counter at City Hall located a 100 East Parlier Avenue, Parlier, CA during normal business hours. In addition, most documents ar posted on the city's website at www.parlier.ca.us.
OF PARL
Info
AGENDA ITEM:
MEETING DATE: November 20, 2024
DEPARTMENT: City Hall
REPORT TO CITY COUNCIL
SUBJECT: Bulldog powerhouse Gym
RECOMMENDATION:
City Council gave City staff direction to provide information on status of Bulldog Powerhouse Gym.
BACKGROUND: Currently, the city has suspended the operation of the Gymnasium due to non-compliance with mandatory fees and non-conforming zoning issues. Initially, it was discovered the owner/operator was operating a business, Gym, in city limits without a business license. Soon after, the owner/operator was provided with the steps to lawfully operate a business in city limits. The owner/operator was provided with an application and steps to obtain a business license to include set fees. Currently the city has not received the necessary fees to move the process forward and is awaiting a response from the owner/operator. Additionally, this type of business does not conform with current zoning guidelines. The council may choose to pursue a classification of unlisted uses, allowing the business to lawfully operate within city limits. This would require the owner/operator to complete a master planning application.
ATTACHMENT: Information only
PREPARED BY: APPROVED BY:
Acting City Manager David Cerda Acting City Manager, David Cerda
OF PARL
Info
AGENDA ITEM:
MEETING DATE: November 20, 2024
DEPARTMENT: City Hall
REPORT TO CITY COUNCIL
SUBJECT: 1030 E. Parlier Avenue property lease option to purchase agreement RECOMMENDATION:
City Council gave City staff direction to provide status on City property located at 1030 E. Parlier Avenue.
BACKGROUND: City Council approved City of Parlier to enter into a 5-year contractual lease-option to purchase agreement with Silverscrest Inc in the amount of $468,401.00 dollars for the property located at 1030 E. Parlier Avenue. February 3, 2022, through February 2, 2027, defines the term of the agreement based on a monthly mortgage rate of $7,666.67 dollars. At the end of the agreement, city has the option to purchase property from Silverstone Inc.
Public works routinely maintain the property, minor clean-ups, and all locks to the building have been changed.
Recently, Code enforcement inspected the building, reporting recommended necessary minor repairs to include, HVAC upgrades or replacement, electrical and plumbing maintenance. Currently, the building is vacant, however, in the immediate future, the police department's records division will temporarily occupy the budling during the remodeling phase of the Police Department's lobby. Additionally, the building will undergo minor security and safety upgrades to meet DOJ and Fresno County Sheriff standards.
FISCAL IMPACT: Information only
ATTACHMENT: Contract attached
PREPARED BY: APPROVED BY:
Acting City Manager David Cerda Acting City Manager, David Cerda
LEASE AND OPTION TO PURCHASE
THIS LEASE AND OPTION TO PURCHASE (this "Lease") is made and effective as of 2222
RECITALS
Silvercrest owns all of the legal and beneficial interests in that certain real property located in Fresno County, State of California, containing approximately 2.89 total gross acres, commonly known as Assessor's Parcel Number 355-280-07, and located at 1030 East Parlier Avenue, Parlier, California 93648, which includes all rights, privileges, easements and appurtenances thereto, as described on Exhibit A. attached hereto, and incorporated herein by this reference (the "Property").
C. The Parties intend to enter into a separate agreement for the purchase and sale of Lot 1 from Silvercrest to City.
D. Silvercrest wishes to lease to City, and City wishes to lease and purchase Lot 2 from Silvercrest, on the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Silvercrest and City hereby agree as follows:
1. Lease of Premises. Subject to the terms and conditions of this Lease, Silvererest hereby leases to City, and City hereby leases and takes from Silvererest, the Premises for the Lease Term and upon the terms, covenants, or conditions set forth in this Lease or pursuant to law.
Termn. The term of this Lease ("Lease Term") shall commence on February 3. 022 (the "Commencement Date"), and, unless sooner terminated as provided herein, sha xpire after a period of five (5) years ending on February 2, 2027, (the "Expiration Date" (a) End of Lease Term; Removal of City Personal Property. The provisions of this Section 2(a) apply to a termination of the Lease Term other than by reason of City's Purchase Option. At the expiration of the Lease Term or any prior termination thereof, City agrees 1o surrender possession of the Premises to Silvercrest in substantially the same order, 2830865v1/18621.0001
condition and state of repair as of the Commencement Date, excepting ordinary wear and tear.
Upon the expiration of the Lease Term unless the Purchase Option is exercised, City shall remove from the Premises all City Personal Property, as defined herein. City shall repair any damage caused by such removal. Unless City exercised the Purchase Option, City shall promptly surrender all keys for the Premises to Silvercrest at the place then fixed for payment of renal and shall inform Silvercrest of combinations on any locks and safes on the Premises. (b) Delivery of Possession. Silvercrest shall deliver possession of the Premises to City on or before the Commencement Date. Silvercrest has provided City, and City's agents, employees, and representatives (collectively "City's Agents"), with access to the Premises, and each portion thereof, to allow City or City's Agents, or both, to investigate, inspect, the Premises, and each portion thereof, as City deemed necessary or advisable, in City's sole discretion. City further acknowledges that it has inspected the Premises to its complete satisfaction and is relying solely on such inspection in lieu of receiving any representations or warranties from Silvercrest with respect to the physical condition of the Premises. City and City's Agents have completed the City's inspections prior to the Commencement Date.
Failure to Deliver Possession. If Silvercrest shall fail to deliver vacant possession of the Premises on the Commencement Date, Silvercrest shall have no liability to City and this Lease shalf remain in full force and effect according to its terms, but the Lease Term shall not commence until the date on which Silvercrest delivers vacant possession of the Premises to City.
Base Monthlv Rent. City covenants and agrees to pay base rent to Silvercrest for the period commencing on the Commencement Date and ending on the Expiration Date, an amount equal to Ninely Two Thousand and 00/100 Dollars ($92,000.00) per annum, payable in equal monthly installments of Seven Thousand Six Hundred Sixty-Six and 67/100 Dollars ($7,666.67) per month (the "Monthly Rent").
(a) City shall pay Monthly Rent to Silvercrest, in advance, commencing on the first day of each month during the Lease Term, without notice or demand. (b) All Monthly Rent shall be paid: (i) by good check drawn on an account at a bank in currency that at the time of payment is legal tender for public and private debts in the United States of America, made payable to Silvercrest at Silvercrest's address set forth in Section 16(b) herein; (ii) by wire transfer of immediately available funds to an account at a bank designated in iriting by Silvercrest; or (ii) by any other method reasonably designated in writing by Silvercrest.
(c) If any installment of Monthly Rent that is due and owing to Silvercrest is not paid within fifteen (15) days of the applicable Due Date, City shall pay to Silvercrest, as additional rent, that City hereby acknowledges are reasonable, a late charge equal to ten percent (10%) of the overdue amount to Silvercrest in order to defray the expenses incident to handling such delinquent payments.
2880865v1 / 18621.0001 2
(d) This Lease is an absolute net lease. City shall pay as additional rent all expenses of every kind and nature whatsoever relating to or arising from the Premises, including any impositions, and all expenses arising from the leasing, operation, management, construction, maintenance, repair, use, and occupancy of the Premises, except as otherwise expressly provided in this Lease. Notwithstanding the foregoing. Silvercrest agrees to pay the following expenses:
(a) any expenses expressly agreed to be paid by Silvererest in this Lease; (b) debt service and other payments with respect to any fee Mortgage; (c) expenses incurred by Silvercrest to monitor and administer this Lease; (d) expenses incurred by Silvercrest prior to the Commencement Date; and (c) expenses that are personal to Silvercrest.
4. Condition of Premises. City has inspected the Premises and accepts possession of the Premises "AS IS" and "WHERE IS" without representation or warranty by Silvercrest.
Except as otherwise expressly provided in this Lease, City has full responsibility for the repair, alteration, mamtenance, and replacement of the Premises. City expressly acknowledges an agrees that Silvercrest has not made and is not making, and City is not relying upon, any warranties or representations regarding the Premises, except to the exient the same are expressly set forth in the Lease.
Quiet Enjoyment. So long as City shall pay the Rent and shall keep and perform all of the other terms, covenants and conditions on its part contained herein during the Lease Term, City shall peaceably and quietly have, hold and enjoy the Premises without interference by any persons lawfully claiming by or through Silvercrest.
6. Improvements/Personal Property. City shall have title to all of the improvements that are constructed or installed on the Premises by City during the Lease Term, and at City's cost and expense ("City Improvements"). City may place and use in its business such items of tangible and intangible personal property (including all replacements, substitutions, and modifications thereof, collectively, "City Personal Property." as City deems necessary or desirable during the Lease Term, Title to the City Personal Property shall remain with City throughout the Lease Term and after Termination of the Lease Term. No personal property belonging to either Party may be removed from the Premises without the respective consent of either Party.
Use. During the Lease Term, City shall have the right to use the Premises for any lawful purpose, however, in no event shall the Premises be used for any purpose or use (nor permit any activity be carried on upon the Premises) in any manner as to constitute a nuisance of any kind (public or private). City shall take, immediately upon the discovery of any such unpermitted, unlawful, or illegal activity or use, all necessary actions, legal and equitable, to compel the discontinuance of such use.
8. Title to Buildings and Improvements. The title to all building, structures, and improvements ("Improvements"), now or hereafter located on the Premises, including those to be constructed, if any, shall be vested in City until either the termination or expiration of this Lease, at which time all title to and ownership of the Improvements shall automatically and immediately vest (without the necessity of any further action being taken by City or Silvercrest or any instrument being executed and delivered by City to Silvercrest) in Silvercrest. 2880865vt / 18621.0001 3
Representations and Warranties. The Parties each represent and warrant that:
This Lease has been duly authorized, executed, and delivered by such Party and constitutes the legal, valid, and binding obligation of such Party. uch party, threatened agains ra acting sui sar, roe in ending or tore anowledg o jovernmental Authority that would impair such Party's ability to perform its obligations unde this Lease.
(c) The consummation of the transactions hereby contemplated and the performance of this Lease will not result in any breach or violation of, or constitute a default under, any lease or financing agreement.
City agrees that it shall provide to Silvercrest, upon Silvercrest's request, evidence that the execution and delivery of this Lease have been duly authorized by City.
Indemnification. City hereby releases and agrees to indemnify and hold harmless Silvercrest and all of its officers, employees, directors, agents, and consultants (hereinafter collectively referred to as the "Indemnitees") of and from any and all claims, demands, liabilities, losses, costs, or expenses for any loss including but not limited to bodily injury (inching death), personal injury, property damage, expenses, and attorneys' fees, caused by, growing out of, or otherwise happening in connection with this Lease, due to any negligent or intentional act or omission on the part of City, its agents, employees, or others working at the direction of City or on its behalf, or due to the application or violation of any pertinent Federal, State, or local law except for the gross negligence or intentional misconduct of the Indemnitees.
In case any action or proceeding is brought against Silvercrest due to any claim mentioned in this Section I0, City, upon notice from Silvercrest, shall, at City's expense, resist or defend such action or proceeding in Silvercrest's name, if necessary, by counsel for the insurance company, if such claim is covered by insurance, or otherwise by counsel approved by Silvercrest. Silvercrest agrees to give City prompt notice of any such claim or proceeding. This indemnification is binding on the successors and assigns of City, and this indemnification survives the expiration or earlier termination of the Lease, or the dissolution or, to the extent allowed by law, the bankruptcy of City. This indemnification does not extend beyond the scope of this Lease, and does not extend to claims exclusively between the Parties arising from the terms, or regarding the interpretation of, this Lease.
11. Insurance. It is the intent of the Parties that all risk of loss for the Premises be shifted to insurance to the maximum extent practicable. Accordingly, unless Silvercrest otherwise agrees in its sole discretion, City shall maintain, or cause to be maintained, insurance covering the risks as follows:
(a) City shall obtain worker's compensation insurance, comprehensive personal injury, renter's commercial property damage, and public liability policies with a combined single limit of two million dollars ($2,000,000.00) and deliver copies of such documents to Silvercrest within sixty (60) days from the date of this Lease. Insurance required 2880865v1 / 18621.0001 4
hereunder shall be in companies rated B or belter in "Best's Insurance Guide." City shall deliver 1o Silvercrest copies of policies of such insurance or certificates evidencing the existence and amount of such insurance with loss payable clauses satisfactory to Silvercrest. Silvercrest shall be named as "additional insured" in cach policy. No such policy shall be cancelable or subject to reduction of coverage or other modification except aller thirty (30) days prior written notice to Silvercrest. City shall, within thirty (30) days prior to the expiration of such policies, furnish Silvercrest with renewals or "binders" thereof. If City shall fail to procure and maintain said insurance, Silvercrest may, but shall not be required to, procure and maintain the same, but at the expense of City as provided for in this Section.
(b) Silvercrest shall maintain comprehensive personal injury, commercial property damage, and public liability policies with a combined single limit of two million dollars (52,000,000.00) and deliver copies of such documents to City within sixty (60) days from the date of this Lease. Insurance required hereunder shall be in companies rated B or better in "Best's Insurance Guide." Silvercrest shall name City as "additional insured" under such policies. Silvercrest shall deliver to City copies of policies of such insurance or certificates evidencing the existence and amount of such insurance with loss payable clauses satisfactory to City. No such policy shall be cancelable or subject to reduction of coverage or other modification except afler thirty (30) days prior written notice to City. Silvercrest shall, within thirty (30) days prior to the expiration of such policies, furnish Silvercrest with renewals or "binders" thereof. If Silvercrest shall fail to procure and maintain said insurance, City may, but shall not be required to, procure and maintain the same, but at the expense of Silvercrest as provided for in this Section.
(C) If City fails to procure the insurance required to be procured by City under this Lease, or fails to pay any premium of insurance, or any other sum in this Lease required to cure period, at Silvercrest's option, procure on behalf of City any such insuranee, and pay on behalf of City any such payment or payments as may be necessary. Any sums) so paid or expended by Silvercrest on behalf of City shall immediately be reimbursed and paid by City to Silvercrest, as additional rent, immediately after demand by Silvercrest.
12. Condemnation.
(a) Taking. If, during the Lease Term, the Premises is entirely condemned by (b)
Premises is laken or sold in lieu of condemnation for any public or quasi-public use or purpose and the partial condemnation renders the Premises unusable for City's business, then City may permini and es an it de red resig dare critio. tie partial ondemnation does not render the Premises unusable for the business of City and less than a substantial portion 2880865v1 / 18621.0001 5
of the Premises is condemned. City shall promptly restore the remaining portion of the Premises and shall receive any condemnation proceeds recovered by Silvercrest and this Lease will ntinue in full for
sion, til one, except hat fe diested, of tensile estimoniard by fivercrest and Cil City's obligation to restore the Premises hereunder shall not be limited to any condemnation proceeds awarded for such purpose
(c) Award. If the Premises is wholly or partially condemned, all ompensation awarded for the taking of the Premises or any portion thereof will be the sol roperty of Silvercrest, free and clear of any ciaim of City, or any person claiming rights to th hether the Premises are wholly or partially condemned, all compensation or damages awarde r payable because of any City Improvements located on the condemned portion of the Premis shall belong to and be the sole property of Silvercrest. Notwithstanding anything else contained herein, City may claim and recover from the condemning authority a separate award for City's relocation expenses, business dislocation damages, City's loss of City's Personal Property, the unamorized cost of City's Improvements paid for by City, and any other award that would not award, at their own expense, and neither shall have any right to the award made to the other.
13. Event of Default. Each of the following shall be an event of default by City under this Lease (each, an "Event of Defaule"):
(a) if any representation of City set forth in this Lease is false in any material respect when made, or if City renders any materially false statement or account when made; (b) if any Rent due under this Lease is not paid when due, and the failure continues for a period of twenty-five (25) days thereafter; (c) if City abandons the Premises;
(d) if City avails itself of the protections of the Bankruptcy Code or any other receivership, insolvency, reorganization or liquidation laws; (e) if City fails to observe or perform any of the other covenants, conditions or obligations of City in this Lease other than the payment of Rent, such failure shall not constitute an Event of Default hereunder, unless otherwise expressly provided herein, unless and until Silvercrest shall have given City notice thereof and a period of thirty (30) days shall have elapsed, during which period City may correct or cure such failure, upon failure of which an Event of Default shall be deemed to have occurred hereunder without further notice or demand of any kind being required. If such failure cannot reasonably be cured within such thirty (30) day period, as determined by Silvererest in its reasonable discretion, and City is diligently pursuing a cure of such failure, then City shall have a reasonable period to cure such failure beyond such thirty (30) day period, which shall in no event exceed ninety (90) days after receiving notice of such failure from Silvercrest. If City shall fail to correct or cure such failure 2880865v1/18621.0001
within such ninety (90) day period, an Event of Default shall be deemed to have occurred hereunder without further notice or demand of any kind being required; (f) it'a final, non-appealable judgment is rendered by a court against City which has a Material Adverse Effect, and is not discharged or provision made for such discharge within ninety (90) days from the date of entry thereof; (g) if City shall be liquidated or dissolved or shall begin proceedings towards its liquidation or dissolution; or
(h) if the estate or interest of City in the Premises shall be levied upon or attached in any proceeding and such estate or interest is about to be sold or transferred or such process shall not he vacated or discharged within ninety (90) days after it is made.
Silvercrest's Remedies. Upon any Event of Default by City, Silvercrest shall have any remedies now or later allowed at law or in equity. Silvercrest rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available at law or in equity or other provision of this Lease), without prior demand or notice except as required by statute, to seek any declaratory, injunctive or other equitable relief (specifically including, without limitation, the right of Silvercrest to initiate and cause a receiver for the Premises to be installed following any Event of Default, which installation shall not constitute termination of the Lease absent Silvercrest's express declaration of termination), and specifically enforce this Lease, or restrain or enjoin a violation or breach of any provision hereof.
Subleases of City. Whether or not Silvercrest elects to terminate this Lease on account of any Event of Default by City, as set forth in Section 13, Silvercrest shall have the right to terminate any and all subleases, licenses, concessions or other consensual arrangements for possession entered into by City and affecting the Premises or may, in Silvercrest's sole discretion, succeed to City's interest in such subleases, licenses, concessions or arrangenients. In the event of Silvererest's election to succeed to City's interest in any such subleases, licenses, concessions or arrangements, City shall, as of the date of notice by Silvercrest of such election, have no further right to or interest in the rent or other consideration receivable thereunder.
(b) Efforts to Relet. No re-entry or repossession, repairs, maintenance, changes, alterations and additions, reletting, appointment of a receiver to protect Silvercrest's interests hereunder, or any other action or omission by Silvercrest shall be construed as an election by Silvercrest to terminate this Lease or City's right to possession, or to accept a surrender of the Premises, nor shall same operate to release City in whole or in part from any of City's obligations hereunder, unless express written notice of such intention is sent by Silvercrest to City. Upon receipt of such nolice City shall be deemed to have irrevocably waived any right otherwise available under any Law to redeem or reinstate this Lease
15. Option to Purchase Property.
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(a) Grant of Option. Silvererest irrevocably grants to City the exclusive option to purchase the Premises upon the expiration of the Lease Term and on the terms and conditions in this Section 15 (the "Purchase Option".
Term of Option. The Purchase Option shall expire or terminate as of the earliest of the following dates: (i) the expiration of the Lease Term; (2) the date on which an Event of Default occurs; or (ili) the date that City acquires fee title lo the Premises.
Exercise of Option. City may exercise the Purchase Option in accordance with the following provisions: provided that there is no continuing Event of Default.
City shall give written notice ("Exercise Notice") of the election to purchase the Premises to Silvercrest on or before the expiration of the Lease Term. The Exercise Notice shall specify the singular date on which City desires to close the purchase for the Premises ("Scheduled Closing Date"). The Scheduled Closing Date shall not be later than forty-five (45) days after the date of the Exercise Notice. In the event that the Purchase Option is duly exercised, the Parties shall promptly open an escrow ("Option Escrow") with a title company designated by City in the Exercise Notice (the "Title Company"). The provisions set forth herein this Section shall constitute Title Company's basic instructions; however, Title Company may prepare, and the Parties may agree to execute, such customary supplemental instructions and instruments as may be reasonably required by the parties and Title Company, in order to clarify its duties hereunder and facilitate an orderly sale of the Premises to City. To the extent of any inconsistency between the provisions of such supplemental instructions and the provisions of this Purchase Option, the provisions of this Section 15 shall control.
(d) Purchase Price. The purchase price for the Premises ("Purchase Price") shall be all outstanding Rent during the entire Lease Term and the sum of One and 00/100 Dollar ($1.00). For illustrative purposes only, if the City chose to exercise its Option at the end of the second year of this Lease, the City shall remit the sum of $276,000.00 to Silvercrest, which shall equal three (3) years of the unpaid Monthly Rent in addition to the $1.00 Option payment. (e) Consummation of the Option. On the Scheduled Closing Date, the Parties shall close upon and consummate the purchase of the Premises through the Title Company ("Consummation of the Option"), subject to the satisfaction of each of the following events:
One (1) business day before the Scheduled Closing Date, City shall deposit (or cause to be deposited) with the Tille Company in escrow, by wire transfer, the Purchase Price for the Premises plus an amount necessary to satisty all other obligations of City below.
(ii) Any taxes, if any, and utilities costs shall be assumed by City with no proration or credit to the Purchase Price.
(iii) The escrow fees of Title Company including cost of Title Insurance shall be paid solely by City.
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(iv) City shall pay all recording fees, transfer taxes, documentary transfer taxes, if any, on the Premises and Property sold pursuant to this Option.
Following the timely exercise of the Purchase Option, the Title Company shall be committed to issue a standard Owner's Policy of Title Insurance describing the Premises, in the amount of the Purchase Price or an additional amount as requested by City (if approved by Title Company), subject only to the standard printed exceptions of the Title Company (the "Commitment"). The Title Company shall furnish Silvercrest with a copy of the Commitment. City shall have fifteen (15) business days from its receipt of the Commitment and Ine underlying title documents specified therein to give written notice to Silvercrest and the Title Company of its disapproval of any title exceptions in the Commitment ("Disapproved Title Exceptions"). If City fails to deliver such written notice within the fifteen (15) business day period, City shall be conclusively deemed to have approved the Commitment and any title exceptions. If City gives timely written disapproval of any Disapproved Title Exceptions disclosed in the Commitment, Silvercrest shall cause any Disapproved Title Exception(s) that represent a lien securing a monetary obligation, placed or caused to be placed on the Premises by Silvercrest, to be removed from record title before the Closing Date. Silvercrest shall not be obligated to remove any Disapproved Title Exceptions that are caused by the acts or omissions of City and its authorized representatives. If Silvercrest does not remove the Disapproved Title Exceptions as provided herein City may remove the Disapproved Title Exceptions at Silvercrest's cost. Silvercrest shall not bear the cost of removing any Disapprove Title Exceptions other than the liens securing the monetary obligations set forth above. The title insurance premiums shall be paid solely by City.
(vi) Silvercrest shall convey title to the Premises to City using a customary property deed in the form required by the Title Company in order to issue the title insurance.
(vii) To the extent that are any assignment of contracts or bills of sale are necessary for Silvercrest to convey any personal property (tangible or intangible, other than cash, including the Premises) owned by Silvercrest in connection with the ownership or operation of the Premises, or acquired by Silvercrest in connection with this Lease, Silvercrest shall execute and deposit with Title Company in escrow such documents are approved in advance by City in its reasonable discretion ("Assignment Documents"). The Parties agree that Silvercrest will convey all such personal property "AS IS" and "WHERE IS" without representation or warranty by Silvercrest.
(viii) The Parties shall have executed a closing statement prepared by Title Company that is consistent with all of the foregoing, as shall be approved by the Parties absent manilest error, to evidence the distribution of proceeds held in escrow in connection with the Consummation of the Option ("Closing Statement"). Upon satisfaction of all of the foregoing, the Title Company will, pursuant to joint instructions from the Parties, do the following in the following order: (a) record the Deeds, at City's expense, at the Fresno County Recorder's Office, and (b) pay from escrow the Title Company any other third parties such amounts set forth in the Closing Statement.
2880865v1/18621.0001 9
(f)
this Lease and amendments thereto, sufficient for a recordation of a Memorandum of Lease in the official records of Fresno County. The Memorandum of Lease shall be in the same form as the document attached as Exhibit C. incorporated herein by this reference. The Memorandum of Lease shall be in a form approved by the Partics, and the recording of the Memorandum of Lease shall be done by the title company as a condition of the effectiveness of this Lease and at the (g) Detault. If the Purchase Option is exercised, and City defaults under this Section 15, Silvercrest may exercise any remedies under this Lease. (h) Non-Assignability. The Purchase Option granted pursuant to this Section 15 may not be assigned, transferred, conveyed or in any manner disposed of separate from an assignment that is consented to by Silvercrest.
16. Miscellaneous Provisions.
(a) Attorneys' Fices. In the event of any action between the Parties seeking enforcement of any of the terms and conditions of this Lease, or in connection with the Premises, the provailing Party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including but not limited to taxable costs and reasonable attorneys' fees.
Notices. All notices under this Lease shall be effective (i) when personally delivered to Buyer or Seller, as the case may be, (i) when sent by facsimile or c-mail (with written confirmation of transmission) to Buyer or Seller, as the case may be, at the numbers set forth below, provided that a copy is mailed as indicated below, or (ill) shree business days afler deposit in the United States mail, registered or certified, postage fully prepaid and addressed to the respective Parties as follows:
To Buyer: City of Parlier
Altn: Sonia Halt, City Manager
1100 E. Parlier Avenue
Parlier, California 93645
Telephone: 559-646-3545
Facsimile: 559-646-0411
3-mail: SHalta parlier.ca.u
To Seller: Silvercrest, Inc.
Altn: Secretary/Director
1331 Fulton Street
Fresno, California 93721
Telephone: (559) 443-8439
Facsimile: (559) 445-8985
E-Mail: [email protected]
2880885v1 / 18621.0001 10
With a copy 1o: Baker, Manock & Jensen, PC
Attn: Kenneth J. Price
5260 N. Palm Avenue, Suite 421
Fresno, CA 93704
Telephone: (559) 432-5400
E-Mail: [email protected]
or such other address or number as the Parties may from time to time designate in writing. As a (c) Legal Effect. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, permitted successors and permitted assigns of the Parties.
Nothing in this Section shail be construed as consent by Silvercrest to any assignment of this Lease or any interest therein by City.
(d) Headings. The title or headings to the Sections of this Lease are not a part of this Lease and shall have no effect on the construction or interpretation of any part of this Lease.
(e) Severability. If any term, provision, covenant or condition of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect. However, unless such stricken term, provision, covenant or condition goes to the essence of the consideration bargained for by a Party, the remaining terms, provisions, covenants and conditions of this Lease shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity. (f) Entire Agreement. This Lease constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements (whether written, oral or otherwise) relating thereto. (g) Partial Invalidity. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this Lense shall remain in full force and effect unimpaired by the holding.
Time of Essence. Time is expressly declared to be of the essence of this ease. If any deadline provided herein falls on a non-Business Day, such deadline shall br extended to the next day that is a Business Day
Waiver and Amendment. No delay or omission in the exercise of any right or remedy of Silvercrest or City, or any default by the City or Silvercrest shall impair such a right or remedy or be construed as a waiver of the provision involved or any other provision o his Lease. No provision of this Lease shalt be deemed waived or amended except by a writter instrument unambiguously setting forth the matter waived or amended and signed by the party 2880865v1/18621.0001
against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occasion. No acceptance by Silvercrest of an amount less than the Rent stipulated to be due under this Lease shall be () Relationship of Parties. The relationship between the Parties is strictly that of Silvercrest and City, and Silvercrest and City and none other. (k) Waste. City shall not commit or suffer to be committed any waste of or with respect to the Premises. City shall not use the Premises for any unlawful purposes.
Choice of Laws and Venue. This Lease shall be governed by and construed in accordance with the substantive and procedural laws of the State of California with regard to its conflict of law rules. This Lease is entered into and is to be performed in Fresno County, California, and, accordingly, the Parties agree that the venue for any and all disputes under this Lease shall be in the Fresno County Superior Court. Each of the Parties hereby accepts and consents to, generally and unconditionally, the jurisdiction of the aforesaid courts and appellate courts from any appeal thereof. Each of the Parties irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such Party at the acidress first set forth in this Lease. Each of the Parties hereby irrevocably waives any objection which it may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Lease brought in the courts referred to above and hereby further irrevocably waives and agrees not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original. The Parties further agree that facsimile or PDF signatures shall constitute originals.
Legal Authority. Each individual executing or attesting this Lease on behalf of either Party covenants and represents that (a) he or she is duly authorized to execute or attest and deliver this Lease on behalf of the Partly for whom the individual is signing in accordance with the provisions of the Party's governing documents (b) this Lease is binding on City and Silvercrest; (c) City and Silvercrest are duly organized and legally existing and in good standing in the Jurisdictions in which they are organized and in any jurisdiction in which they are doing business; and (d) the execution and delivery of this Lease by City shall not result in any breach ol, or constitute a default under, any mortgage, deed of trust, lease, loan, credit agreement, partnership agreement, or other contract or instrument to which City is a party or by which City may be bound. Silvercrest covenants that this Lease, is binding upon Silvercrest, and that the execution and delivery of this Lease by Silvercrest shall not result in any breach of, or constitute a default under, any mortgage, deed of trust, lease, loan, credit agreement, partnership 28808651 / 18621.0001 12
agreement, or other contract or instrument to which Silvercrest is a party or by which Silvercrest may be bound.
Eorce Majeure. Any prevention, delay or stoppage due to strikes, ockouts, acts of God, enemy or hostile governmental action, civil commotion, fire or othe asualty beyond the control of the party obligated to perform (cach, a "Force Maicure Event' shall excuse the performance by such Party for a period equal to any such prevention, delay or stoppage, expressly excluding, however, the obligations imposed upon City with respect to Monthly Rent and other monetary obligations to be paid hereunder. The foregoing shall not be construed to excuse City from restoring the Premises, after a casualty, to the condition existing prior to such casualty, it being understood that City is obligated to insure and repair, maintain, replace the Premises during the Lease Term against casualty.
No Merger. There shall be no merger of this Lease nor of the leaschold estate created by this Lease with the fee estate in or ownership of any portion of the Premises by reason of the fact that the same person, corporation, firn or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate or ownership of the Premises which is part of the Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this case or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same. (q) Interpretation. Silvererest and City acknowledge and warrant to each other that each has been represented by independent counsel and has executed this Lease after being fully advised by said counsel as to its effect and significance. This Lease shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the Parties or the domicile ofany Party. Whenever in this Lease any words of obligation or duty are used, such words or expressions shall have the same force and effect as though made in the form of a covenant. (r) No Brokerage. Silvercrest and City represent and warrant to each other that they have had no conversation or negotiations with any broker concerning the leasing of the breach of the foregoing warranty and representation.
Other Documents. Each of the Parties agrees to sign such other and further documents as may be necessary or appropriate to carry out the intentions expressed in this Lease.
Estoppel. The Parties shall from time to time, within twenty (20) days alter being requested to do so by the other Party, execute and deliver to the requesting party an instrument certifying (a) that this Lease is unmodified and in full force and effect (or, if there has 2880865v1 / 18621.0001 13
been any modification thereof, that it is in full force and effect as so modified, stating therein the nature of such modification); (b) as to the dates to which the Monthly Rent and other charges arising hereunder have been paid; (c) that the City has accepted possession of the Premises, and the date on which the Term commenced and is scheduled to terminate; (d) as to whether, to the best knowledge, information and belief of the signer of such certificate, Silvercrest or the City is then in default in performing any of its obligations hercunder (and, if so, specifying the nature of each such default); and (e) as to any other fact or condition reasonably requested by the requesting party or such other addressee; and acknowledging and agreeing that any statement contained in such certificate may be relied upon by the requesting Party and any such other addressec.
(Signatures on following page]
2880865v1 / 18621.0001 14
IN WITNESS WHEREOF, the Parties hereto have executed this Lense as of the day and year first above written.
"CITY"
CITY OF PARLIER, a Califoria municipal
corporation
on Sona dall
Name: Sonia Hall
Its: City Manager
"SILVERCREST"
SILVERCREST, Inc., a California noprofit
public benefit corporation
By: lyzere Rodeseck Withams.
Name: Tyrone Roderick Williams
Its: Secretary/Director, Silvercrest Inc.
2880865v1 / 18621.0001
Fresno County Recorder
Paul Dictos, CPA
2023-0068977
RECORDING REQUESTED BY: ecorded at the request c
PLACER TITLE COMPANY RECORDING PARTNERS NETWOR
07/26/2023 03:42 51
WHEN RECORDED MAIL TO: itles: ces: 3106. Pages: 2
CA SB2 Fees: $0.00
HOUSING RELINQUISHED FUND CORPORATION axes: $0.0
otal: $106.0
C/O HOUSING AUTHORITY OF FRESNO COUNTY,
CALIFORNIA
1330 FULTON STREET
FRESNO, CA 93721
ATTENTION: BRANDON GONZALEZ
SPACE ABOVE FOR RECORDER'S USE ONLY
Order No: P-260193-3 DE (SILVERCREST, INC.) APN: PORTION OF APN 355-280-07
HRFC DEED OF TRUST,
SECURITY AGREEMENT
AND FINANCING STATEMENT
Document Title
Pursuant to Senate Bill 2- Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-live dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted fram payment of recerding fees, per each single transaction per parcel of real property. The fee Imposed by this section shall not exceed two hundred twenty-five dollars Exempt from fee per GC2738B.1(a)(2); recorded concurrently "in connection with" a transfer subject to the Imposition of documentary transfer tax (DTT)
Exempt from fee per GC27388.1(a)(2); recorded concurrently "in connection with" a transfer of real property that Is a residential dwelling to an owner-occupier.
Exempt from fee per GC27388.1(a)(1); fee cap of $225
Failure to Include an exemption reason will result in the imposition of the $75.00 Building Homes and Jobs Act fee, Fees collected are deposited to the State and may not be avallable for refund.
THIS PAGE IS ADDED TO PROVIDE DECLARATION OF BUILDING
HOMES & JOBS ACT (SB2-2017) FEE. EXEMPTION
ADDITIONAL RECORDING FEE APPLIES
DOC #2023-0068977 Page 2 of 29
RECORDING REQUESTED BY:
PLACER TITLE COMPANY FOR
Housing Relinquished Fund Corporation
WHEN RECORDED MAIL TO:
Housing Relinquished Fund Corporation
c/o Housing Authority of Fresno County,
California
1331 Fulton Street
Fresno, CA 93721
Attention: Brandon Gonzalez
ABOVE RESERVED FOR RECORDER'S USE
APN/Parcel ID: PTN of APN 355-280-07
HREC DEED OF TRUST,
SECURITY AGREEMENT AND FINANCING STATEMENT
(Parlier Oak Grove West (Office Parcel) - HRFC Mortgage) DMFIRM #403946755 y4
DOC #2023-0068977 Page 3 of 29
HREC DEED OF TRUST,
SECURITY AGREEMENT AND FINANCING STATEMENT
Dated as of July 26, 2023
FROM
SILVERCREST, INC., A
California nonprofit public benefit corporation, kaving an office at:
1331 Fulton Street
Fresno, California 93721
Atta: Director
(the "Grantor")
TO
PLACER TITLE COMPANY
having an office at:
7700 North Palm, Suite 101
Fresno, Califomia 93711
('Trustee"
for the benefit of
HOUSING RELINQUISHED FUND CORPORATION
having an office at
c/o Housing Authority of Fresno County, California
1331 Fulton Street
Fresno, California 93721 .
(the "Beneficiary")
DMFIRM #403948735 v4
DOC #2023-0068977 Page 4 of 29
BREC DEED OF TRUST,
SECURITY AGREEMENT AND FINANCING STATEMENT
(Parlier Oak Grove West (Office Parcel) - HRFC Mortgage)
THIS HREC DEED OF TRUST, SECURITY AGREEMENT AND FINANCING STATEMENT (this "HRFC Mortgage") is made and entered into as of the 26'" day of July, 2023, between SILVERCREST, INC,, a Califoria nonprofit public benefit corporation (the COMPANY (the
FUND CORPORATION, a California nonprofit public benefit corporation (Beneficiary" or "HIRF"), who is the lender for the loan described herein. In order to secure the payment of the Indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements and undertakings of Grantor hereinafter described, Grantor does hereby GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN and SET OVER to the Trustec subject to the Permitted Encumbrances (as defined in Section 2.1 herein), together with any and all other, further or additional title, estate, interests or rights which may at any time be acquired by Grantor in or to, (i) the real property situated in the City of Parlier, County of Fresno, California, and more particularly described in Exhibit "A" attached hereto and made a part hereof, (ii) all the buildings and other improvements now on or that may be placed hereafter on said land during the existence of this lien; (jil) all materials, equipment, fixtures or other property whatsoever now or hereafter attached to, installed in, or used in connection with the buildings and other improvements now erected or hereafter to be erected on said land; (iv) all easements and rights of way used in connection with any of the foregoing property, or as a means of ingress to or egress from said property; (v) any and all water service and wastewater capacity reservation agreements; (vi) all interests of Grantor in and to any streets, ways, alleys and/or strips of land adjoining said land or any part thereof; and (vil) all rights, estates, powers and privileges appurtenant or incident to the foregoing (collectively, the "Mortgaged Property").
TO HAVE AND TO HOLD the Mortgaged Property unto the Trustee and Trustee's successors or substitutes in this trust and to their successors and assigns, IN TRUST WITH POWER OF SALE, however, upon the terms, provisions and conditions herein set forth.
In order to secure the payment of the Indebtedness (as defined in Article I hereof) and the performance of the obligations, covenants, agreements and undertakings of Grantor hereinafter described, Grantor hereby grants to the Beneficiary (as defined in Article I hereot) a security interest in all goods, equipment, furnishings, fixtures, furniture, chattels and personal property of whatever nature owned by Grantor now or hereafter attached or affixed to or used in and about the building or buildings now erected or hereafter to be erected on the Mortgaged Property or otherwise located on said lands, all management agreements, utility agreements, maintenance agreements, service contracts, construction contracts, engineering and architect agreements and contracts, and any and all other agreements and contracts affecting the Mortgaged Property, and all fixtures, accessions and appurtenances thereto, and all renewals or replacements of or substitutions for any of the foregoing, all building materials and equipment now or hereafter delivered to the Mortgaged Property and intended to be installed therein and all security deposits and advance rentals under lease agreements now or at any time hereafter covering or affecting any of the Mortgaged Property and held by or for the benefit of Grantor, all monetary deposits DMFIRM #403946755 v4
2 DOC #2023-0068977 Page 5 of 29
which Grantor has been required to give to any public or private utility with respect to utility services furnished to the Mortgaged Property, all funds, accounts, instruments, documents, general intangibles (including trademarks, trade names, patents and symbols used in connection therewith) and notes or chattel paper arising from or by virtue of any transactions related to the Mortgaged Property, all pennits, licenses, franchises, certificates, and other rights and privileges obtained in connection with the Mortgaged Property, all oil, gas and other hydrocarbons and other minerals produced from or allocated to the Mortgaged Property and all, products processed or obtained therefrom, the proceeds thercof, and all accounts and general intangibles under which such proceeds may arise (all of the property described in this paragraph hereinafter collectively called tho "Collateral") and all proceeds of the Collateral. The Mortgaged Property and the Collateral are hereinafter sometimes collectively called the "Property."
ARTICLE I
Indebtedness
This HRFC Mortgage is made to secure the following obligations, indebtedness, and liabilities (collectively the "HRFC Loan Documents"):
(a) the obligations and indebtedness of the Grantor to HRFC, whose address is 1331 Fulton Street, Fresno, California 93721, evidenced by that certain HREC Mortgage Note ("HRFC Mortgage Note") dated of even date herewith, executed by the Grantor and payable to the order of the Beneficiary in the original principal amount of $468,402.00, with a Maturity Date of March 19, 2073, as defined in the HRFC Mortgage Note.
(b) the agreements, obligations and indebtedness of the Grantor to the Beneficinry evidenced by that certain HRFC Loan Agreement dated of even date herewith, by and between the Grantor and the Beneficiary (the "HRFC Loan Agreement");
(c) the agreements, obligations, and indebtedness evidenced by that celin wen the Grammat anie Bens and rents drafed ofeven date herewith, by (d) the boligations of the Grantor under any of the HREC Loan Documents (as defined in the HRFC Loan Agreement);
(e) all future advances by the Beneficiary to the Grantor under the HRFC Mortgage Note;
(f) all cost and expenses, including without limitation all reasonable attorneys' fees and legal expenses, actually incurred by the Beneficiary to preserve and maintain the Property, collect the obligations herein described, and enforce this HR.FC Mortgage; and
(g) all extensions, renewals and modifications of any of the foregoing.
DMFIRM #403948755 v4
DOC #2023-0068977 Page 6 of 29
The indebtedness and obligations referred to in this Article I are herein collectively called the "Indebtedness." The Indebtedness shall include any and all present and future advances under the HRFC Mortgage Note and the HRFC Loan Agreement. The Indebtedness secured hereby (and the defined term "Indebtedness" as set forth herein) shall be deemed to also include any and all other indebtedness now or hereafter owing by Grantor to the Beneficiary pursuant to the HREC Loan Documents, whether due or to become due, and all renewals, modifications, consolídations, replacements and extensions thereof.
ARTICLE II
Representations, Warranties and Covenants
Status of Grantor and the Property. Grantor represents, warrants and covenants that Grantor is now in a solvent condition; that no bankruptcy or insolvency proceedings are pending or contemplated by or against Grantor; that Grantor has the right and authority to grant, bargain, sell, transfer, assign and mortgage the Mortgaged Property and to grant a security interest in the Collateral; that the property is free and clear from all liens, security interests and encumbrances excepl the lien and security interest evidenced hereby and the liens, security interests and encumbrances set forth in Exhibit "B" attached hereto and made a part hereof (the "Permitted Encumbrances"); that there is no financing statement covering the Property or its proceeds on file in any public office except for the Permitted Encumbrances; that the tangible portion of Collateral is located on the property described in Exhibit "A" attached hereto and made a part hereof; that the execution and delivery of this HRFC Mortgage does not contravene, resuit in a breach of or constitute a default under any contract or agreement to which Grantor is a party or by which Grantor or any of its properties may be bound and do not violate or to Grantor's knowledge, contravene any law, order, decree, rule or regulation to which Grantor is subject; that to Grantor's knowledge the Property and the intended use thereof by Grantor do not violate any applicable restrictive coverants, zoning ordinances and building codes, applicable health and environmental laws and regulations and all other applicable laws, rules and regulations; except as have been previously disclosed to Beneficiary in writing, there are no material, judicial or administrative actions, suits or proceedings pending or to Grantor's knowledge, threatened against Grantor, the Property; that the Property shall be served by electric, gas, sower, water and other utilities required for the use thereof as represented by Grantor; that all streets necessary to serve the Property for the use represented by Grantor will be completed and serviceable, as of the date heneof dedicated and accepted by applicable governmental entities (other than any private streets); that as of the date hereof the Property is free from damage caused by fire or other casualty; that Grantór is duly organized and legally existing under the laws of the State of California; that this HRFC Mortgage constitutes the legal, valid and binding obligation of Grantor enforceable in accordance with its terms except as limited by bankruptcy, insolvency, or other laws of general application relating to the enforcement of creditor's rights; that the execution and delivery of, and performance under this HRFC Mortgage are within Grantor's powers and have been duly authorized by all requisite action and are not in contravention of law or related documents, or of any indenture, agreement or undertaking to which Grantor is a party or by which it is bound; and that Grantor will warrant and forever defend its fee simple title to the Property against the claims of all persons whomsoever claiming through Grantor subject to the Permitted Encumbrances.
DMFIRM #403946755 v4 4
DOC #2023-0068977 Page 7 of 29
2.2 Covenants. So long as the Indebtedness or any part thereof remains unpaid, Grantor covenants and agrees with the Beneficiary as follows:
Documents and of all installments of interest thereon and of all other Indebtedness, when due and payable.
Payment of Grantor's Taxes. Grantor will promptly pay all income, franchise and other taxes owing by Grantor and any other taxes (excluding Beneficiary's income taxes) which may be required to be paid with respect to the HRFC Loan Documents, this HREC Mortgage or any other instrument evidencing or securing any of the Indebtedness; provided, however, Grantor is not required to pay or discharge any tax, levy, assessment, or governmental charge which is being contested in good faith by appropriate proceedings diligently pursued, and for which adequate reserves have been established.
(c) Operation of Property. Grantor will cause the Property to be maintained and operated in a good and workmanlike manner and in accordance with the HRFC Loan Documents and all applicable laws and rules, regulations and orders promulgated by all duly constituted authorities and will not impair the insurance, carried thereon. Grantor will not use or occupy, or allow the use or occupancy of, the Property in any manner which violates any of the HRFC Loan Documents or applicable law, rule, regulation or order which constitutes a public or private nuisance or which makes void, voidable or cancelablc, or increases the premium of, any insurance then in force with respect thereto (other than cancellation or increases in insurance in the normal course when the property is used for Grantor's intended use). Grantor will not initiate any zoning reclassification of the Property or seek any variance under existing zoning ordinances applicable to the Property or use or permit the use of the Property in such a manner which would result in such use becoming a nonconforming use under applicable zoning ordinances or other applicable laws, rules or regulations, without Beneficiary's prior written consent. Except as contemplated by the Payment of Debts and Liabilities. Grantor will cause all debts and Labor, material and egipment and al dies and chaigailor mit and serving foe OMFIRM 1403948755 v4 5
DOC #2023-0068977 Page 8 of 29
Property, incurred by Grantor in the maintenance, operation and development of the Property to be promptly paid, provided, however, Grantor is not required to pay or discharge any lien which is being contested in good faith by appropriate proceedings diligently pursued and for which adequate bond has been posted, or which is incurred by Beneficiary.
(e) Condition of Property. Grantor will keep the Property in good order, repair and operaling condition, causing all necessary repairs, renewals, replacements, additions and improvements to be promptly made, except for the ordinary wear and tear and casualty and condemnation, except as with 'eneficiary's prior written consent which shall not be unreasonably withheld lelayed or conditioned. Grantor will make no structural alterations to th Property or any other alterations thereto which impair the value thereof, except as with Beneficiary's prior written consent which shall not be unreasonably withheld, delayed or conditioned.
Property Insurance. Grantor will keep the Property insured against loss or damage by fire, explosion, windstorm, hail, flood (if the Property shall at any time be located in an identified "flood prone area" in which flood insurance has been made available pursuant to the Flood Disaster Protection Act of 1973), tornado and such other hazards as required by the HRFC Loan Documents.
Grantor further agrees that Grantor will; upon request, deliver to the Beneficiary the original policies or certificates (with a copy of such original policies) evidencing such insurance and any additional insurance which shall be taken out upon any pait of the Property and receipts evidencing the payment of all premiums, and will deliver certificates evidencing all renewais of all such policies of insurance, including for comprehensive general liability and professional lability for civil and mechanical engineers, to the Beneficiary at least fifteen (15) days before any such insurance shall expire or be renewed, and for fire and extended coverage insurance policies at least fifleen (15) days before any such policies are renewed or expire. Any and all insurance policies, other than any professional liability or errors and omissions coverage, shall name Beneficiary as loss payee and, to the extent available, provide that such policy will riot be cancelled or modified in any way without thirty (30) days prior written notice to Lender. Without limiting the discretion of the Beneficiary with respect to required endorsements to insurance policies, Grantor further agrees that all such policies shall provide that proceeds thereunder will be payable to the Beneficiary as its interest may appear pursuant and subject to a mortgagee clause (without contribution) of standard form attached to or otherwise made a part of the applicable policy. In the event of foreclosure of this HRFC Mortgage, or other Indebtedness, all right, title and interest of the Grantor in and to all proceeds payable under all such insurance policies then in force concerning the Property windstorm, hail or by any other casualty against which insurance shall have been DMFIRM #403946755 v4 6
DOC #2023-0068977 Page 9 of 29
required hereunder, (i) the Beneficiary may, but shall not be obligated to, make proot of loss if not made promptly by Grantor, (i) subject to the prior rights of th older of the first mortgage, each insurance company concerned is hereb authorized and directed to make payment for such loss directly to the Beneficiary instead of to Grantor, and (ill) the insurance proceeds shall be applied, to the repair, restoration or replacement, either partly or entirely, of the Property so destroyed or damaged so long as adequate proceds are available (including any funds provided by Grantor) to repair and restore the Property, provided however that if adequate proceeds are not available then the proceeds shall be applied, at the discretion of the Beneficiary in payment (without premium or penalty) of the Indebtedness, either in whole or in part, to the last maturing installments of principal due under the HREC Mortgage Note.
Condemnation. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation of the Property or any portion thereof, or any other proceedings arising out of injury or damage to, the Property, or any portion thereof, Grantor will notify the Beneficiary of the pendency of such proceedings, The Beneficiary may participate in any such proceedings, and Grantor shall from time to time deliver to the Beneficiary all instruments requested by it to permit such participation. Grantor shall, at its expense, diligently prosecute any such proceedings, and shall consult with the Beneficiary, its attorneys and experts, and cooperate with them in the carrying on or defense of any such proceedings. All proceeds of condemnation awards or proceeds of sale in lieu of condemnation with respect to the Property and all judgments, decrees and awards for injury or damage to the Property shall, subject to the prior rights of the holder of the first mortgage, be paid to the Beneficiary and shall be applied, (i) if, as reasonably determined by Grantor and Beneficiary, the property cannot be feasibly restored to the condition, use and operation prior to the condemnation to the payment of the Indebtedness (without premium or penalty) or (ii) if the property may be feasibly restored to the condition, use and operation prior to condemnation, paid to Grantor, to repair or restore the Property so affected by such condemnation, injury or damage in the same manner as provided in subsection (g) of this Section 2.2. Grantor hereby assigns and transfers all such proceeds, judgments, decrees and awards to the Beneficiary and agrees to execute such further assignments of all such proceeds, judgments, decrees and awards as (h) Protection of Lien.
Mortgage or of any rights, titles, liens or security interests created or evidenced hereby with respect to the Property or any part thereof shall be endangered or questioned or shall be attacked directly or indirectly or if any legal proceedings are instituted against Grantor with respect thereto, Grantor will give prompt DMFIRM #403916755 v4 7
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employment of counsel, the prosecution or defense of litigation and the release or discharge of all advorse claims, and the Trustee and the Beneficiary, or either of them (whether or not named as parties to legal proceedings with respect thereto) are hereby authorized and empowered to take such additional steps as in their reasonable judgment and discretion may be necessary or proper for the defense of any such legal proceedings or the protection of the validity or priority of this HKFC Mortgage and the rights, titles, liens, security interests created or evidenced hereby, including but not limited to the employment of counsel, the prosecution or defense of litigation, the compromise or discharge of any adverse claims made with respcot to the Property, the payment of any property taxes or assessments, and the removal of prior liens or security interests, and all expenses so incurred of every kind and character shall be a demand obligation owing by Grantor and the party incurring such expenses shall be subrogated to all rights of the person receiving such payment.
Further Encumbrances. Grantor will not, without the prior written consent of the Beneficiary, create, place or permit to be created or placed, or through any act or failure to act, acquiesce in the placing of, or allow to remain, any deed of trust, mortgago, voluntary or involuntary lien, whether statutory, constitutional or contractual (except for the lien for ad valorem taxes on the Property which are not delinquent), security interest, encumbrance or charge, or conditional sale, against or covering the Property, or any part thereof, other than the Permitted Encumbrances, regardless of whether the same are expressly or otherwise subordinate to the lien or security interest created in this HRFO Mortgage, and should any of the foregoing become attached hereafter in any manner to any part of the Property without the prior written consent of the Beneficiary, Grantor will cause the same to be promptly discharged and released; provided, however, Grantor will not be required to discharge or release any encumbrance which is being contested in good faith by appropriate proceedings diligently pursued for which adequate reserves have been established, or which encumbers fee title to the Property.
Sale or Transfer. Subject to Section 2.2(r), Grantor will not, without the prior written consent of the Beneficiary (I) further encumber the otherwise transfer, convey or dispose of the Property, or any interest therein or any part thereof (except leases to tenants of the apartment units and commercial leases, licenses and similar agreements in the ordinary course of business), including any assignment for the benefit of creditors or the grant of any mortgage or security interest in all or any part of the Property other than with respect to the Permitted Encumbrances; (3) sell, convey, assign, or otherwise transfer of all o substantially all of the assets of Grantor.
Books and Records. Grantor will keep accurate books and records in accordance with the HRFC Loan Documents and sound accounting principles in which full, true and correct entries shall be promptly made as to all operations DMFIRM #403946765 v4 8
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on the Property, and will pernit all such books and records to be inspected by the Beneficiary, the United States Department of Housing and Urban Development ("HUD'") and the Comptroller General of the United States General Accounting or any of their respective authorized representatives at all times upon advance notice during reasonable business hours.
(1) Further Acts. Grantor will, on the request of the Beneficiary, (i) promptly correct any defect, error or omission which may be discovered in the contents of this HRFC Mortgage or in any other instrument executed in connection therewith or in the execution or acknowledgment thereof; (i) execute, acknowledge, deliver and record or file such further instruments (including without limitation further deeds of trist, security agreements, financing statements, continuation statements and assignments of rents or leases) and de such further acts as may be necessary, desirable or proper to carry out more effectively the purposes of this HRFC Mortgage and such other instruments and subject to the liens and security interests hereof and thereof any property intended by the terms hereof and thereof to be covered hereby and thereby including specifically, but without limitation, any renewals, additions, substitutions, replacements, or appurtenances to the Property; and (ill) execute, acknowledge, deliver, procure and record or file any document or instrument (including specifically any financing statement) deemed reasonably advisable by the Beneficiary to protect the lien or the security interest hereunder against the rights or interests of third persons, and Grantor will pay all costs connected with any of the foregoing.
(m) Reimbursement: Indemnity. Grantor will pay all recording fees, taxes, brokerage fees and commissions, abstract fees, title policy fees, uniform commercial code search fees, escrow fees, attorney's fees, and all other costs and expenses of every character incurred by Grantor or the Beneficiary in connection with the execution, delivery and recordation of this HRFC Mortgage or otherwise attributable or chargeable to Grantor as owner of the Property, and will reimburse the Beneficiary for all such costs and expenses incurred by it. Grantor shall pay all expenses and reimburse the Beneficiary for any expenditures, including reasonable attorney's fees and legal expenses, actually incurred or expended in connection with (i) the breach by Grantor of any covenant herein or in any other instrument securing the payment of the Indebtedness, or (ii) the Beneficiary's exercise of any of its rights and remedies hereunder or under the HRFC Loan Agreement or any other instrument securing the payment of the Indebtedness or the Beneficiary's protection of the Property and its lien and security interest Grantor will indemnify and hold harmless the Trustee and the Beneficiary, their subsidiaries and their affiliates and their respective officers, directors, agents and employees from and against, and reimburse them for, all claims, demands, liabilities, losses, damages, judgments, penalties, costs anc expenses (including, without limitation, reasonable attorney's fees) which may be imposed upon, asserted against or incurred or paid by them by reason of, on account of or in connection with any bodily injury or death or property damage occurring in or upon or in the vicinity of the Property through any cause DMFIRM #403946755 v4 9
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rantor or any third parties with whom the Grantor contracts in regard to th roperty. The indemnification obligation of the Grantor hereunder shall not b limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by Grantor or any consultant of Grantor or any ›ther person or entity under workers' or workmen's compensation acts, disabilit Grantor shall maintain Comprehensive
General Liability Insurance against claims for bodily injury or death and property damage occurring in or upon or resulting from the Property as required by the HREC Loan Documents. "Any and all insurance policies shall name Beneficiary as loss payee and provide that such policy will not be cancelled or modified in any way without thirty (30) days prior written notice to Lender, if available. In, the event of a foreclosure of this HREC Mortgage, the purchaser of the Property shall succeed to all the rights of Grantor in and to all proceeds payable under all such policies of insurance, and Grantor hereby authorizes the Beneficiary to notify any or all insurance carriers of this assignment. Upon request by Beneficiary, Grantor will provide certificates to Beneficiary from such insurance companies satisfactory to Beneficiary showing that Grantor and Grantor's general contractor are covered by public liability and worker's compensation insurance satisfactory to Beneficiary.
[intentionally Deleted]
(p) [Intentionally Deleted]
Proceeds of Collateral. Grantor shall account fully and faithfully for and, if the Beneficiary so elects), shall promptly pay or turn over to the Beneficiary the proceeds in whatever form received from disposition in any manner of any of the Collateral, except as otherwise specifically authorized herein. Grantor shall at all times keep accurate and complete records of the Collateral and its proceeds.
(r) Estoppel. Grantor shall at any time and from time to time furnish promptly upon request by the Beneficiary a written statement in such form as may he reasonably required by the Beneficiary stating that the Loan Documents, this HREC Mortgage and the other instruments securing the payment of the Indebtedness are valid and binding obligations of Grantor, enforceable against Grantor in accordance with their terms except as limited by bankruptcy, insolvency or other laws of general application relating to the enforcement of creditor's rights; the unpaid principal balance of the HRFC Mortgage Note; the date to which interest on the Indebtedness is paid; that the HRFC Loan Documents, this HRFC Mortgage and the other instruments securing the payment of the Indebtedness, have not been released, subordinated or modified; and that there are no offsets or defenses against the enforcement of the HRFC Loan Documents, this HRFC Mortgage or any other instrument securing the payment of DMFIRM #403946755 v4 10
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the Indebtedness, or if any of the foregoing statements are untrue, specifying the reasons therefor.
Permitted Encumbrances. Grantor will comply with and will perform all of the covenants, agreements and obligations imposed upon it or the Property in the Permitted Encumbrances in accordance with their respective terms and provisions. Grantor will not modify or permit any modification of any Permitted Encumbrances, without the prior written consent of the Beneficiary, which shall not be unreasonably withheld, except as otherwise provided in any subordination agreements executed by Beneficiary in connection with the Permitted Encumbrances.
Subrogation. Grantor agrees that, if Grantor fails to perform any act or to take any action which hereunder Grantor is required to perform or take, or to pay any money which hereunder Grantor is required to pay, the Beneficiary, in Grantor's name or in Beneficiary's nane, may, but shall not be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses so incurred by the Beneficiary, and any money so paid by the Beneficiary, shall be a demand obligation owing by Grantor to the Beneficiary and the Beneficiary, upon making such payment, shall be subrogated to all of the rights of the person, corporation or entity, governmental or otherwise, receiving such payment. Any amounts due and owing by Grantor to the Beneficiary pursuant to this HRFC Mortgage shall bear interest from the date such amount becomes due until paid at the rate of interest payable on matured but unpaid principal of or interest under the HRFC Mortgage Note and shall be a part of the Indebtedness and shall be secured by this HRFC Mortgage and by any other instrument securing the Indebtedness.
ARTICLE III
Default
Events of Default. The term "Event of Default" as used in this HRFC Mortgage shall mean (a) the occurrence of an Event of Default as defined in the HRFC Loan Agreement not cured within applicable cure periods thereunder or (b) any material failure by Grantor to comply with the covenants of this HRFC Mortgage which has a material adverse effect on the Project, following notice by Trustee or Beneficiary of its intent to declare such default (a "Default Notice") to Grantor and the lapse of ninety (90) days (or such longer period as may be necessary to effect cure, provided that cure is commenced within said 90 days and diligently prosecuted to completion) in which Grantor fails to satisfactorily cure such default. mediately due and payable, and the liens and security interests evidenced hereby shall b abject to foreclosure in any manner provided for herein or provided for by law as th Beneficiary may elect.
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Right of Possession. Upon the occurrence of an Event of Default as provided for in the HRFC Loan Documents, the Beneficiary is authorized to the fullest extent permitted by applicable law prior or subsequent to the institution of any foreclosure proceedings to enter upon the Property, or any part thereof, and to take possession of the Property and of all books, records and accounts relating thereto and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or preservation of the Property, including the right to rent the same for the account of Grantor and to deduct from such rents all costs, expenses and liabilities of every character incurred by the Beneficiary in collecting such rents and in managing, operating, maintaining, proteoting or preserving the Property and to apply the remainder of such rents on the Indebtedness in such manner as the Beneficiary may elect. All such costs, expenses and liabilities incurred by the Beneficiary in collecting such rents and in managing, operating, maintaining, protecting or preserving the Property, if not paid out of rents as hereinabove provided, shall constitute a demand obligation owing by Grantor and shall draw interest from the date of expenditure until paid at the rate of interest payable on matured but unpaid principal or interest under the HRFC Mortgage Note, all of which shall constitute a portion of the Indebtedness. If necessary to obtain the possession provided for above, the Beneficiary may invoke any and all legal remedies to dispossess Grantor, including specifically one or more actions for forcible entry and detainer, trespass to try title and restitution, subject to the rights of tenants under leases. Nothing in this Section 3.3 shall impose any ducy, obligation or responsibility upon the Beneficiary for the control, care, management or repair of the Property, nor for the carrying out of any of the terms and conditions of any such lease agreement; nor shall it operate to make the Beneficiary responsible or liable for any waste committed on the Property by the tenants or by any other parties or for any dangerous or defective condition of the Property, or for any negligence in the management, upkeep, repair or control of the Property resulting in loss or injury or death to any tenant, licensee, employee or stranger or for other loss with respect to the Property suffered by the Grantor.
3.4 Right of Foreclosure. Upon the occurrence of an Event of Default as provided for in the HREC Loan Documents, the Trustee or the Trustee's successor or substitute, is authorized and empowered at the request of the Beneficiary to sell the Mortgaged Property or any part thercof situated in the State of California at public sale to the highest bidder for cash after having given notice of such sale in accordance with the statutes of the State of California then in force governing sales of real estate under powers conferred by deeds of trust. Any sale made by the Trustee hereunder may be as an entirety or in such parcels as the Beneficiary may request, and any sale may be adjourned by announcement at the time and place appointed for such sale without further notice except as may be required by law. The sale by the Trustee of less than the whole of the Mortgaged Property shall not exhaust the power of sale herein granted, and the Trustee is specifically empowered to make successive sale or sales under such power until the whole of the Mortgaged Property shall be sold; and, if the proceeds of such sale of less thari the whole of the Mortgaged Property shall be less than the aggregate of the Indebtedness and the expense of executing this trust as provided herein, this HRFC Mortgage and the lien hereof shall remain in full force and effect as to the unsold portion of the Mortgaged Property just as though no sale had been made; provided, however, that Grantor shall never have any right to require the sale of less than the whole of the Mortgaged Property but the Beneficiary shall have the right, at its sole election, to request the Trustee to sell less than the whole of the Mortgaged Property.
After each sale, the Trustee shall make to the purchaser or purchasers at such sale good and DMFIRM #403946755 v4 12
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sufficient conveyances in accordance with applicable law, without warranty express or implied, and shall receive the proceeds of said sale or sales and apply the same as herein provided. In the event any sale hereunder is not completed or is defective in the opinion of the Beneficiary, such sale shall not exhaust the power of sale hereunder and the Beneficiary shall have the tight to cause a subsequent sale or sales to be made hereunder. The Trustee, the Trustee's successor or substitute, may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by the Trustee, including the posting of noticos and the conduct of sale, but in the name and on behalf of the Trustce, the Trustee's successor or substitute.
3,5 Other Rights and Remedies. Upon the occurrence of an Event of Default as provided for in the HRFC Loan Documents this instrument may be foreclosed as to any of the Property in any manner permitted by the laws of the State of California or of any other state ir which any part of the Property is situated, and any foreclosure suit may be brought by the Trustee or by the Beneficiary. In the event a foreclosure hereunder shall be commenced by the of the Property direct the Trustee to abandon the sale, and may then institute suit for the HREC Mortgage. It is agreed that if the Beneficiary should institute a suit for the collection of the HREC Mortgage Note or any other Indebtedness and for the foreclosure of this HRFC Mortgage, the Beneficiary may at any time before the entry of a final judgment in said suit dismiss the same, and require the Trustee, the Trustee's substitute or successor to sell the property in accordance with the provisions of this HRFC Mortgage.
3.6 Appointment of Receiver. In addition to all other remedies herein provided for, Grantor agrees that upon the occurrence of an Event of Default as provided for in the HRFO Loan Documents, the Beneficiary shall as a matter of right be entitled to the appointment of a receiver or receivers for all or any part of the Property, whether such receivership be incident to a proposed sale of such property or otherwise, and without regard to the value of the Property or the solvency of any person or persons liable for the payment of the Indebtedness, and Grantor does hereby consent to the appointment of such receiver or receivers, waives any and all defenses to such appointment and agrees not to oppose any application therefor by the Beneficiary, but nothing herein is to he construed to deprive the Beneficiary of any other right, remedy or privilege it may now have under the law to have a receiver appointed; provided, however, that the appointment of such receiver, trustee or other appointee by virtue of any court order, statute or regulation shall not impair or in any manner prejudice the rights of the Beneficiary to receive paynent of the rents and income pursuant to any assignment thereof. Any money advanced by the Beneficiary in connection with any such receivership shall be a demand obligation owing by Grantor to the Beneficiary and shall bear interest from the date of making such adyancement by the Beneficiary until paid at the rate of interest payable on matured but unpaid principal or interest under the HREC Mortgage Note and shall be a part of the Indebtedness and shall be secured by this HRFC Mortgage and by any other instrument securing the Indebtedness. The Beneficiary's rights hereunder include its rights under California Code of Civil Procedure Section 564, as such Section may be amended from time to time.
3.7 Application of Proceeds. The proceeds of any sale held by the Trustee or any receiver or public officer in foreclosure of the liens evidenced hereby shall be applied:
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FIRST, to the payment of all necessary reasonable costs and expenses incident to such foreclosure sale, including but not limited to all court costs and charges of every character in the event foreclosed by suit; SECOND, to the payment in full of the Indebtedness (including specifically without limitation the principal, interest, reasonable attorney's fees actually incurred, late charges and penalties due and unpaid under the HRFO Loan Documents and the amounts due and unpaid and owed to the Beneficiar under this HRFC Mortgage) in such order as the Beneficiary may elect; THIRD, to the payment of any subordinate lienholder to the extent required by law; and
FOURTH, the remainder, if any, shall be paid to Grantor or to Grantor's successors or assigns.
3.8 Beneficiary's Right to Purchase. The Beneficiary shall have the right to become the purchaser at any sale held by any Trustee or substitute or successor or by any receiver or public officer, and any holder of all or part of the Indebtedness purchasing at any such sale shall have the right to credit against the Indebtedness the amount of the bid made therefor, to the extent necessary to satisfy such bid, or if such holder holds less than all of the Indebtedness, the pro rata part thereof owing to such holder, accounting to all other holders not joining in such bid in cash for the portion of such bid or bids apportionable to such nonbidding holder or holders.
Sale of Collateral. Upon the occurrence of an Event of Default as provided for in the HRFC Loan Documents, the Beneficiary may exercise its rights of enforcement with respect to the Collateral at law and equity, including without limitation, under Division 9 of the California Uniform Commercial Code, as amended, and in conjunction with, in addition to or in substitution for those rights and remedies:
the Beneficiary may enter upon the Property to take possession of, assemble and collect the Collateral or to render it unusable and in compliance with California law; and
the Beneficiary may require Grantor to assemble the Collateral and make it available at a place the Beneficiary designates which is mutually convenient to allow the Beneficiary to take possession or dispose of the Collateral; and
(c) written notice mailed to Grantor as provided herein ten (10) days prior to the date of public sale of the Collateral or prior to the date after which private sale of the Collateral will be made shall constitute commercially reasonable notice; and
(d) any sale made pursuant to the provisions of this paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the Mortgaged Property under power of sale as provided herein upon giving the same notice with respect to the DMFIRM #403946755 v4 14
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sale of the Collateral hereunder as is required for such sale of the Mortgaged Property under power of sale; and
in the event of a foreclosure sale, whether made by the Trustee inder the terms hereof, or under judgment of a court, the Collateral and th fortgaged Property may, at the option of the Beneficiary, be sold as a whole; an (f) it shall not be necessary that the Beneficiary take possession of the Collateral or any part thereof prior to the time that any sale pursuant to the provisions of this paragraph is conducted and it shall not be necessary that the Collateral or any part thereof be present at the location of such sale; and (g) prior to application of proceeds from the disposition of the Collateral to the indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and the reasonable attorney's fees and legal expenses incurred by the Beneficiary; and
any and all statements of fact or other recitals made in any bill of sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of the Indebtedness or as to the occurrence of any Event of Default, or as to the Beneficiary having declared all of such Indebtedness to b due and payable, or as to notice of time, place and terms of sale and of the een duly done by the Beneficiary,
truth of the facts so siated and recited; and
(i) the-Beneficiary may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by the Beneficiary, including the sending of notices and the conduct of the sale, but in the name and on behalf of the Beneficiary.
3.10 Cumulative Remedies. Subject to Section 4,23 hercof, all remedies herein expressly provided for are cumulative of any and all other remedies existing at law or in equity and are cumulative of any and all other remedies provided for in any other instrument securing the payment of the Indebtedness, or any part thereof, or otherwise benefiting the Beneficiary, and the Trustee and the Beneficiary shall, in addition to the remedies herein provided, be entitled to avail themselves of all such other remedies as may now or hereafter oxist at law or in equity for the collection of the Indebtedness and the enforcement of the covenants herein and the foreclosure of the liens and security interests evidenced hereby, and the resort to any remedy provided for hereunder or under any such other instrument or provided for by law shall not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies.
3.11 Nonwaiver of Remedies. The Beneficiary may resort to any security given by this HRFC Mortgage or to any other security now existing or hereafter given to secure the payment of the Indebtedness, in whole or in part, and in such portions and in such order as may seem best to the Beneficiary in its sole and uncontrolled discretion, and any such action shall not in any DMFIRM #403946755 vol 15
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way be considered as a waiver of any of the rights benefits, liens or security interests evidenced by this HRFC Mortgage.
3.12 Waiver by Grantor: To the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, extension or redemption, and Grantor, for Grantor and Grantor's successors and assigns, and for any and all persons ever claiming any interest in the Property, to the, extent permitted by law, hereby waives and releases all rights of redemption, Valuation, appraisement, stay of execution, notice of intention to mature or declare due the whole of the Indebtedness, notice of election to mature or declare due the whole of the Indebtedness and all rights to a marshaling of the assets of Grantor, including the Property, or to a sale in inverse order of alienation in the event of foreclosure of the liens and security interests hereby created. Grantor shall not have or assert any right under any statute or rule of law pertaining to the marshaling of assets, sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents or other matters whatever to defeat, reduce or affect the right of the Beneficiary under the terms of this HRFC Mortgage to a sale of the Property for the collection of the Indebtedness without any prior or different resort for collection, or the right of the Beneficiary under the terms of this HRFC Mortgage to the payment of such indebtedness out of the proceeds of sale of the Property in preference to every other claimant whatever. If any law referred to in this paragraph and now in force, of which Grantor or Grantor's successors and assigns and such other persons claiming any interest in the Property might take advantage despite this paragraph, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this paragraph.
Post-Foreclosure Tenancy. Subject to the right of Grantor's tenants under existing residency agreements, in the event there is a foreclosure sale hereunder and at the time of such sale, Grantor or Grantor's successors or assigns or any other persons claiming any interest in the Property by, through or under Grantor are occupying or using the Property, or any part thereof, each and all shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day-to-day, terminable at the will of cither landlord or tenant, at a reasonable rental per day based upon the value of the property occupied, such rental to be due daily to the purchaser. In the event the tenant fails to surrender possession of said property upon demand, the purchaser shall be entitled to institute and maintain an action for forcible entry and detainer of said property in a trial court located in the City of Fresno, California.
3.14 [Intentionally Deleted]
•
Action for Breach of Contract. In accordance with California Code of Civil Procedure Section 736, as such Section may be amended from time to time, the Beneficiary may bring an action for breach of contract against Grantor for breach of any "ervironmental provision" (as such term is defined in such Section) made by Grantor herein or in any other HRFC Loan Document, for the recovery of damages and/or for the enforcement of the environmental provision.
Section 26, a iver ediu ny be and eat tim theneficiary may wan OMFIRM #403946765 v4 16
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the security of this HRFC Mortgage as to any parcel of the Property that is "environmentally impaired" or is an "affected parcel" (as such terms are defined in such Section), and as to any personal property attached to such parcel, and thereafter exercise against Grantor, to the extent permitted by such Section 726.5, the rights and remedies of an unsecured creditor, including redection of the Beneficiary's claim against Grantor to judgment, and any other rights and remedies permitted by law.
In the event Beneficiary elects, in accordance with California Code of Civil Procedure Section 726.5, to waive all or part of the security of this HRFC Mortgage and proceed against urantor on an unsecured basis, the valuation of the Property, the determination of the environmentally impaired status of such security and any cause of action for a money judgment shall, at the request of Beneficiary, be referred to a referee in accordance with California Code of Civil Procedure Sections 638 et seg. Such referee shall be an M.A.I. appraiser selected by the Beneficiary and approved by Grantor, which approval shall not be unreasonably withheld or delayed. The decision of such referee shall be binding upon both Grantor and the Beneficiary, and judgment upon the award rendered by such referee shall be entered in the court in which such procceding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645. Grantor shall pay all reasonable costs and expenses incurred by the Beneficiary in connection with any proceeding under California Code of Civil Procedure Section 726.5, as such Section may be amended from time to time.
ARTICLE IV
Miscellaneous
4.1 Release by Beneficiary. If all of the Indebtedness is paid as the same becomes due and payable (or forgiven pursuant to the terms of the HRFC Loan Agreement, as the case may be) and if all of the covenants, warranties, undertakings and agreements made in this HRFC Mortgage are kept and performed, then and in that event only, all rights under this HRFC Mortgage shall terminate and the Property shall become wholly clear of the liens, security interests, conveyances and assignments evidenced hereby, which shall be released by the Beneficiary in writing at Grantor's cost. Notwithstanding the foregoing, the HREC Mortgage shall be released as to any Site (as defined in the HRFC Loan Agreement) upon the sale of the
4.2 Substitute Trustee. The Trustec may resign by an instrument in writing addressed to the Beneficiary, or the Trustee may be removed at any time with or without cause by an instrument in writing exocuted by the Beneficiary, or through the designation of a substitute Trustee or if for any reason the Beneficiary shall deem it desirable to appoint a substitute or successor trustee to act instead of the Trustee or any substitute or successor trustee, then the Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trustee, without other formality than appointment and designation in writing executed by the Beneficiary and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the Indebtedness has DMFIRM #403918755 v4 17
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been paid in full or until the Property is sold hereunder. In the event the Indebtedness is owed by more than one person or entity, the holder or holders of not less than a majority in the amount of the Indebtedness shall have the right and authority to make the appointment of a successor or substitute rustee provided for in the preceding sentence. Such appointment and designation by the Beneliciary or by the hoider or holders of not less than a majority of the Indebtednoss shall be full evidence of the right and authority to make the same and of all facts therein recited. Such appointment shall be conclusively presumed to be executed with authority and shall be, valid and sufficient without proof of any action by the board of directors or any superior officer of the corporation, Upon the making of any such appointment and designation, all of the estate and title of the Trustee in the Property shall vest in the named successor or substitute trastee and such trustee shall thereupon succeed to and shall hold, possess and execute all the rights, powers, privileges, immunities and duties herein conferred upon the Trustee. All references herein to the Trustee or trustee shall be deemed to refer to the trustee (including any successor or substitute appointed and designated as herein provided) from time to time acting hereunder. Grantor hereby ratifies and confirms any and all acts which the Trustee or the Trustee's successor or successors, substitute or substitutes, in this trust, shall do lawfully by virtue hereof.
4.3 Liability of Trustee. The Trustee shall not be liable for any error of judgment or act done by the Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for the Trustee's gross negligence or willful misconduct. The Trustee shall have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by the Trustee hereunder, believed by the Trustee in good faith to be genuine. All moneys received by the Trustee shall, until used or applied as herein provided, be held in trust for the purpose for which they were received, but need not be segregated in any manner from any other moneys (except to the extent required by law), and the Trustee shall be under no liability for interest on any moneys received by the Trustee hereunder. Grantor will reimburse the Trustee for, and indemnify and save the Trustee harmless against, any and all liability and expenses which may be incurred by the Trustee in the performance of the Trustee's duties hereunder, except as a result of the Trustee's gross negligence or willful misconduct.
Permissible Acts By Heneficiary. The Beneficiary may at any time and from time to time in writing (a) waive compliance by Grantor with any covenant herein made by Grantor to the extent and in the manner specified in such writing; (b) consent to Grantor doing any act which hereunder Grantor is prohibited from doing, or consent to Grantor falling to do any act which hereunder Grantor is required to do, to the extent and in the manner specified in such writing; (c) release any part of the Property, or any interest therein, from the lien and security interest of this HRFC Mortgage without the joinder of the Trustee, or (d) release any party liable, either directly or indirectly, for the Indebtedness or for any covenant herein or in any other nstrument now or hercafter securing the payment of the Indebtedness, without impairing o eleasine the liability of any other party. No such act shall in any way impair or waive the right of the Beneficiary hereunder except to the extent specifically agreed to by the Beneficiary in such writing.
4.5 No Impairment. The lien, security interest and other security rights of th Beneficiary hereunder shall not be impaired by any indulgence, moratorium or release granted b the Beneficiary, including but not limited to; (a) any renewal, extension or modification which DMFIRM #403946755 v4 18
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the Beneficiary may grant with respect to any Indebtedness; (b) any surrender, compromise, release, renewal, extension, exchange or substitution which the Beneficiary may grant in respect of a portion which is less than all of the Mortgaged Property, or any part thereof or any interest therein; or (°) any release or indulgence granted to any endorser, guarantor or surety of any Indebtedness.
Non-Waiver by Beneficiary. The Beneficiary may waive any Event of Default without waiving any other prior or subsequent Event of Default. The Beneficiary may remedy any Bent of Default without waiving the Event of Default remedied, Neither the failure by the Seneficiary to exercise, nor the delay by the Beneficiary in exercising, any right, power o remedy upon any Event of Default shall be construed as a waiver of such Event of Default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partíal exercise by the Beneficiary of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No modification or waiver of any provision hereof nor consent to any departure by Grantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Beneficiary and then such waiver or consent shall be effective only in the specific instances, for the purpose for which given and to the extent therein specified. No notice to nor demand on Grantor in any case shall of itself entitle Grantor to any other or further notice or demand in similar or other circumstances. Acceptance by the Beneficiary of any payment in an amount less than the amount then due on any Indebtedness shall be deemed an acceptance on account only and shall not in any way affect the existence of an Event of Default hereunder.
4.7 Copy as Financing Statement. A carbon, photographic or other reproduction of this HRFC Mortgage or of any financing statement relating to this HRFC Mortgage shall be sufficient as a financing statement.
Financing Statement, This HRFC Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records in the office of the county clerk and recorder where the Property (including said fixtures) is situated. This HRFC Mortgage shall also be effective as a financing statement covering minerals or the like (including oil and gas) and accounts subject to the California Uniform Commercial Code, as amended, and is to be filed for record in the real estate records of the jurisdiction where the Property is situated. The mailing address of Grantor is set forth below in Section 4.15.
49 Recordation. Grantor will cause this HRFC Mortgage and all amendments and supplements thereto and substitutions therefor and all financing statements and continuatior statements relating hereto to be recorded, filed, re-recorded and refiled in such manner and it such places as the Trustee or the Beneficiary shall reasonably request, and will pay all such recording, filing, rerecording and refiling taxes, fees and other charges.
4.10 Successors of Grantor. In the event the ownership of the Property or any part thereof becomes vested in a person other than Grantor, the Beneficiary may deal with such suêcessor or successors in interest with reference to this HRFC Mortgage and to the Indebtedness in the same manner as with Grantor, without in any way vitiating or discharging Grantor's OMFIRM #4039487554 19
DOC #2023-0068977 Page 22 of 28
liability hereunder or for the payment of the Indebtedness. No sale of the Property, no forbearance on the part of the Beneficiary and no extension of the time for the payment of the Indebtedness given by the Beneficiary shall operate to release, discharge, modify, change or altect, in whole or in part, the liability of Grantor hereunder or for the payment of the Indebtedness or the liability of any other person hereunder or for the payment of the indebtedness except as agreed to in wating by the Beneficiary. Notwithstanding anything to the contrary, the provisions of this Section shall in no way imply the Beneficiary's consent to any transter of the ownership of the Property or any portion thereof, which consent of Beneficiary must be obtained in writing prior to any transfer of the Property (pursuant to subsection 2,2(k) of this HRFC Mortgage).
4.11 Place of Payment. The indebtedness evidenced by the HRFC Loan Documents ani all other Indebtedness which may be owing hereunder at any time by Grantor shall be payable at the place designated in the HREC Mortgage Note, or if no such designation is made, at the office of the Beneficiary at the address indicated in this HRFC Mortgage, or at such other place as the Beneficiary may desiguate in writing
4.12 Subrogation to Prior Indebtedness. To the extent that proceeds of the HRFC Mortgage Note are used to pay indebtedness secured by any outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by the Beneficiary at Grantor's request and the Beneficiary shall be subrogated to any and all rights, security interests and liens owned by any owner or holder of such outstanding liens, security interests, charges or encumbrances, irrespective of whether said liens, security interests, charges or encumbrances are released and it is expressly understood that in consideration of the payment of such indebtedness by the Beneficiary, Grantor hereby waives and releases all demands and causes of action for offsets, payments and rentals to, upon and in connection with the said indebtedness.
4.13 Unsecured Indebtedness Discharge. If any part of the Indebtedness cannot be lawfully secured by this HRFC Mortgage or if any part of the Property cannot be lawfully subject to the lien and security interest hereof to the full extent of the Indebtedness, then all payments made shall be applied on the Indebtedness first in discharge of that-portion thereof which is unsecured by this HRFC Mortgage.
4.14 No Usury. Intended. Any provision contained herein or in the HRFC Loan Documents or in any other instrument now or hereafter evidencing, securing or otherwise relating to any Indebtedness to the contrary notwithstanding, neither the Beneficiary nor the holder of any other Indebtedness shall be entitled to receive or collect, nor shall Grantor be obligated to pay, interest on any of the Indebtedness in excess of the maximum rate of interest permitted by applicable law, and if any provision herein or in the HRFC Loan Documents or in such other instrument shail ever be construed or held to permit the collection or to require the payment of any amount of interest in excess of that permitted by applicable law, the provisions of this Section shall control and shall override any contrary or inconsistent provision herein or in the HREC Loan Documents or in such other instrument. The intention of the parties being to conform strictly to the usury limitations under applicable law, the HRFC Loan Documents, this HRFC Mortgage and each other instrument now or hereafter evidencing or relating to any DMFIRM #403846755 v4 20
DOC #2023-0068977 Page 23 of 29
Indebtedness shall be held subject to reduction to the amount allowed under said applicable law as now or hereafter construed by the courts having jurisdiction.
4.15 Notice. (a) Any Default Notice given hereunder or under any of the HRFC Loan Documents to Grantor or Beneficiary must be in writing and shall be deemed sufficiently given or made when received or refused following delivery (i) in person, (i) by private courier or lational ovemight delivery service with proof of delivery and courier fees paid by sender, (ili) bi elecopy with telephonic confirmation of receipt and a copy sent by United States mail below, o (iV) three (3) days after deposit in the United States mail by first-class tail, registered or certified, return receipt requested, postage prepaid, as set forth below and; (b) any notice (other than Default Notice), consent, request, demand or other communication required or permitted to be given hereunder or under any of the HREC Loan Documents to Grantor or Beneficiary must be in writing and shall be deemed sufficiently given or made when (i) delivered in person, (ii) fees paid by sender, (ill) sent by telecopy with telephonic confirmation of receipt, or (iv) three sent by private courier or national overnight delivery service with proof of delivery and courier receipt requested, postage prepaid, as set forth below: (3) days after deposit in the United States mail by first-class mail, registered or certified, retur To Beneficiary: Housing Relinquished Fund Corporation
co Housing Authority of Fresno County, California
1331 Fulton Street
Fresno, California 93721
Attention: President
Facsimile: (559) 445-8985
To Grantor: Silvercrest, Inc.
1331 Fulton Street
Fresno, California 93721
Attention: President
Facsimile: (559) 445-8985
or such other address as shall be set forth in a notice from the appropriate party given in compliance with this Section.
4.16 Applicable Law; Vonue. This HRFC Mortgage and the HRFC Loan Documents shall be govered by and construed in accordance with the laws of the State of California and the applicable laws of the United States of America. This HRFC Mortgage and the HRFC Loan Documents have been entered into in the City of Reedley, County of Fresno, California, and they shall be performable for all purposes, unless otherwise stated in this HRFC Mortgage and the HREC Loan Documents, in the City of Parlier, County of Fresno, California. Courts within the State of California shall have jurisdiction over any and all disputes between the Grantor and the Beneficiary, whether in law or equity, including, but not limited to, any and all disputes arising such dispute, whether in federal or state court, shall be laid in County of Fresno, California. out of or relating to this HRFC Mortgage or any of the HRFC Loan Documents and venue in any DMFIRM #403946755 v4
21 DOC #2023-0068977 Page 24 of 29
4.17 Successors and Assigns. The terms, provisions, covenants and conditions hereof shall constitute covenants running with the land. All references in this HRFC Mortgage to Grantor, Trustee or the Beneficiary shall be deemed to include all such heirs, devisees, representatives, successors, substitutes and assigns.
4.18 Severability. A determination that any provision of this HRFC Mortgage is unenforceable or invalid shall not affect the enforceability or validity of any other provision and any determination that the application of any provision of this HRFC Mortgage to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to any other persons or circumstances.
4.19 Gender References. Within this HRFC Mortgage, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires.
4.20 Mortgage References. References in this HRFC Mortgage to "herein", "hereunder" or "hereby" shall refer to this entire HRFC Mortgage unless the context otherwise requires.
4,21 Counterparts, This HRFC Mortgage may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document, All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart.
4.22 Nonrecourse Liability. Notwithstanding anything to the contrary set forth herein, this Loan is non-recourse to the Grantor. Grantor shall be liable for the Indebtedness only to the extent of the security given to secure the payment of the Indebtedness, same being all properties, and Collateral mortgaged, pledged; granted or assigned in the HRFC Loan Documents. Any judicial proceedings brought by Beneficiary or any other holder of the Indebtedness against Grantor for the collection of principal, interest and all other charges due under the HRFC Loan Documents shall be limited to the preservation, enforcement, and foreclosure of the liens, mortgages, assignments, right and security interests securing the payment of the Indebtedness by private power of sale or otherwise, no judgment for any deficiency upon such indebtedness, sums against Grantor.
[SIGNATURES BEGIN ON NEXT PAGE]
DMFIRM #403946766 v4 22
DOC #2023-0068977 Page 25 or 29
IN WITNESS WHEREOF, Grantor has executed this HRFC Deed of Trust, Security Agreement and Financing Statement as of the date set forth above.
GRANTOR:
SILVERCREST, INC., a California non-profit public
benefit corporation
Tyrone Roderick Williams
/ Secretary/Director
(Parlier Oak Grove West (Office Parcel) - HRFC Deed of Trust - Signature Page) DOC #2023-0068977 Page 26 of 29
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this cerificate CALIFORNIA ALL-PURPOSE is attached, and not the truthfulness, accuracy, or validity of that document.
CERTIFICATE OF
State of California ) ACKNOWLEDGMENT
Countyof Fresno )
on July 21, 20022 beforeme Amber L. LusANO, NoTARy DubLiC (here Insert name and ricle of the officer
personally appeared... TyRoNE RODERicK WiniAmS
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 capacitylies), and that by his/her/their signature(s) on the instrument the person(s), or the entity I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, AMBER L. LUJANO
WITNESS my hand and official seal. COMMISSION $ 2392164
PRESNO COUNTY
My Comm. Exp. an, 31, 2026
Signature Ombre glujana
(Seal)
OPTIONAL INFORMATION
withough the information in this section is not required by law, it could prevent fraudulent removal and reattachment of thi acknowledgment to an unauthorized document and may prove useful ta persons relying on the attached document Description of Attached Document
Additional Infarmation
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Parlier Oak, Grove West Proved to me on the basis of satisfactory evidence:
(office Parcel) HRFC Deed of Trust Lip ormis of identification O credible witnesses) Notarlal event is detalled in notary journal on:
containing pages, and dated Page # Entry #
The signer (s) capacity or authority is/are as: Amber La LuJANo C Individual(s) Notary contact: 559-513 3897
© Atromey-in-FacE Other
L Corporate Officers) • Additional Signer(s) • Signerts) Thumbprint's) Titte(s)
C Guardian/Conservator
] Partner - Limited/General
C] Trustee(s)
L Other.
representing:
Mamels) of Persons or Ensityles) Signer is Representing © Copyright 2007-2014 Notary Rotary, Inc. PO 80x 41100, De1 Moines, 1A S0311-0507. All Rights Reserved. item Number 101772. Please conlact your Authorized Reseller so gurchase copies of this form.
DOC #2023-0068977 Page 27 of 29
PARLIER OAK CROVE WEST (OFFICE PARCEL)
HREC MORTGAGE
Exhibit "A"
Description of Propeity
The land described herein is situated in the State of California, County of Fresno, City of Parlier, described as follows:
RESULTANT PARCEL B
That portion of the Southwest quarter of Section 24, Township 15 South, Range 22 East, Mount Diablo Buse & Meridian, County of Fresno, City of Parlier, State of California described as follows:
All that certain real property described in Document No. 48772 recorded in Book 4873, at page 523, Official Records of Fresno County, excepting therofrom all that portion described in Grant Deed to Parlier Oak Grove, LP, a California corporation, on March 26, 2018 as Document No. 2018-0035348, Official Records of said county;
Also excepting therefiom all that portion described as follows:
Commencing at the center quarter corner of Section 24, Township 15 South, Range 22 East, Mount Diablo Base & Meridian; thence along the East line of the Northeast 1/4 of the Southwest 1/4 of Section 24, South 0° 05 '00 " East, 609.93 feet to a point on the centerline of Tulare Street as now existing, and delineated in the town of Parlier; thence along the Westerly prolongation of said centerline of Tulare Street, North 89° 50' 00" West, 1035.83 feet; thence North 00° 09' 00" West, 37.50 feet to a point on the North right of way line of Tulare Street as described in that certain Document No. 2005-0134714, Official Records of Fresno County, said point also being the POINT OF BEGINNING,
Thence from said point of beginning and leaving said North right of way line, along the East line of that certain Document No. 2018-0035349 the following three (3) courses:
Thence (1) North 00° 09' 00" West, 280.39 feet;
Thence (2) North 89° 50' 00" West, 71.32 feet;
Thence (3) North 00° O9' 00" West, 128.42 feet to a point thereon, from which point the Southerly right of way line of East Parlier Avenue as described in said Document No. 48772 bears, North 00° 09' 00" West, 43.50 feet;
Thence leaving said East line South 41° 13' 50" West, 211.11 feet; thence South 89° 51' 11" West, 51.32 feet to a point on the East right of way line of Avila Way as described said Document No. 2005-0134714, Official Records of Fresno County; thence along said East line South 00° 05' 41" East, 243.62 feet to the heginning of a curve to the left having a radius of 5.75 A-l
DMFIRM #403946755 v4
DOC #2023-0068977 Page 28 or 29
feet; thence Southeasterly along said curve, through a central angle of 89° 44' 19" an aro distance of 9.01 feet to a point on the North right of way line of Tulare Street; thence along said North right of way line, South 89° 50' 00" East, 256.72 feet to the POINT OF BEGINNING.
APN: Portion of APN 355-280-07
A-2
DMFIRM #403048755 v4
DOC #2023-0068977 Page 29 of 29
PARKIER OAK GROVE WEST (OFFICE PARCEL)
HREC MORTGAGE
Exhibit "B"
Permitted Encumbrances
"Permitted Encumbrances" means the liens, charges and encumbrances on title to the Property listed on Schedule B, Part IT to the unrecorded title policy on the closing date, approved by HRFC and such other matters affecting title thercafter approved by HRFC in writing.
B-I
DMFIRM #403946765 v4
Fresno County Recorder
Paul Dictas, CPA
2023-0068978
RECORDING REQUESTED BY: ecorded at the request o
RECORDING PARTNERS NETWOR
Placer Title Company 07/26/2023 03:4251
Titles: 1 Fees: $41. Pages: 11
WHEN RECORDED MAIL TO:
CA SB2 Fees: $0.00
Housing Relinquished Fund Corporation Total: 541.00
c/o Housing Authority of Fresno County
1331 Fulton Mall
Fresno, CA 93721
Attr: Brandon Gonzalez
SPACE ABOVE FOR RECORDER'S USE ONLY
Order No: P-260193-2 APN: Portion of APN 355-280-07
HRFC LOAN- Assignment of Leases and Rents
Document Tille
Pursuant to Senate Bill 2- Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be pald at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shail not exceed two hundred twenty-five dollars ($225.00)
Exempt from fee per GC27388.1(aX(2); recorded concurrently "in connection with" a transfer subject to the Imposition of documentary transfer tax (DTT)
Exempt from fee per GC27388.1(a)(2); recorded concurrently "in connection with" a transfer of real property that is a residential dweiling to an owner-occupler.
Exempt from fee per GC27388.1(a)(1); fee cap of $225 reached Exempt from the fee per GC27388.1(a)(1); not related to real property Failure to Include an exemption reason will result in the imposition of the $75.00 Bullding Homes and Jobs Act fee. Fees collected are deposited to the State and may not be avallable for refund.
Signature - D /25/283
THIS PAGE IS ADDED TO PROVIDE DECLARATION OF BUILDING
HOMES & JOBS ACT (SB2-2017) FEE EXEMPTION
ADDITIONAL RECORDING FEE APPLIES
DOC #2029-0068978 Page 2 of 11
RECORDING REQUESTED BY:
PLACER TITLE COMPANY FOR
Housing Relinquished Fund Corporation
WHEN RECORDED MAIL TO:
Housing Relinquished Fund Corporation
c/o Housing Authority of Fresno County,
California )
1331 Fulton Street )
Fresno, CA 93721
Attention: Brandon Gonzalez
APN/Parcel iD: PTN of APN 355-280-07 ABOVE RESERVED FOR RECORDER'S USE
PARLIER OAK GROVE WEST
HREC LOAN-ASSIGNMENT OF LEASES AND RENTS
Dated this 26 lay of July, 2023
DMFIRM #403946812 v4
DOC #2023-0068978 Page 3 of 11
PARLIER OAK GROVE WEST
HREC LOAN - ASSIGNMENT OF LEASES AND RENTS
BORROWER:
Silverion steet
Fresno, California 93721
LENDER: Housing Relinquished Fund Corporation
c/o Housing Authority of Fresno County, California
1331 Fulton Street
Fresno, California 93721
-
LOAN AMOUNT: FOUR HUNDRED SIXTY-BIGHT THOUSAND FOUR
HUNDRED TWO AND 00/100 DOLLARS ($468,402.00). The
oan Amount was previously advanced by the Lender to Borrowe cording to the terms and conditions of that certain HRFC Loa NOTE: Thé $468,402.00 HRFC Mortgage Note of even date from Borrower as Maker, to Lender as Payee (the "HRFC Mortgage Note").
LOAN DOCUMENTS: The HREC Mortgage Note, as it may be amended, extended, renewed, and any deed of trust, security agreement, assignment of without limitation, the indebtedness evidenced by the BRR Mortgage Note, and including without limitation a certain HRFC Construction Deed of Trust, Security Agreement and Financing Statement (the "HAFC Mortgage"), recorded concurrently
herewith, and the HRFC Loan Agreement, all of even date herewith between Borrower and Lender.
MORTGAGED The Borrower's fee simple interest in the Land and any other real PROPERTY: or personal property of the Borrower now or hereafter located ot he Land or buildings and improvements on the Land or used i connection therewith, all as more particularly described in the HREC Mortgage.
LAND: That certain parcel of land more particularly described on Exhibit "A" attached hereto and incorporated herein.
DMFIRM #403846812 v4
DOC #2023-0068978 Page 4 of 11
All capitalized words or phrases shall have the meaning assigned in this Assignment, or if not specifically defined herein, in the HRFC Loan Agreement.
Assignment. For valuable consideration paid, the Borrower assigns to the Lender, its successors and assigns the entire lessor's interest in all leases, rental agreements and occupancy agreements, now existing, recorded or unrecorded, as they may be renewed and extended now or hereafter existing with respect to all or any portion of the Mortgaged Property (collectively, the "Leases"), including without limitation all rents, income and profits arising from the Leases and from all use and occupancy of the Mortgaged Property. This Assignment constitutes a present and absolute assignment of leases and rents, income and profits, to the extent permitted by applicable law, including without limitation applicable regulations of HUD under Section 8 of the U.S. Housing Act of 1937, as amended, subject only to Borrower's rights under Paragraph 3(a).
This Assignment secures the payment of the Loan Amount, with interest and all other charges evidenced by the HRFC Mortgage Note, as same may be amended, renewed and extended; payment of all other sums becoming due and payable to the Lender under this Assignment and all other HRFC Loan Documents; performance of all obligations, covenants and agreements of the Borrower to the Lender contained in the HRFC Mortgage Note and all other HREC Loan Documents (collectively, the "Obligations").
As further security for the Obligations, Borrower assigns to Lender any awards or payments which may be made in respect of Borrower's interest in any of the Leases in any bankruptcy, insolvency or reorganization proceedings in any state or federal court. Borrower appoints Lender as its attorey-in-fact to appear in any such proceding and/or to collect any such award or payment.
Warranties and Covenants.
The Borrower warrants that the Borrower is the sole owner of the entire lessor's interest in the Leases, including, without limitation, all rights to receive rent and all other amounts due or to become due to the lessor under the Leases, with full right and power to assign its interest in the Leases and the rents and profits due under the Leases, and that no rent reserved in the Leases has been assigned or anticipated except as assigned in this Assignment or as required in connection with a senior deed of trust secured by the Property. (b) The Borrower covenants with the Lender: (i) to observe and perform all the obligations imposed upon the lessor under each Lease and not to do or permit to be done anything to impair the security of any Leases; (ii) not to collect any of the rent, income and profits arising or accruing under the Leases or from the Mortgaged Property more than one month in advance of the time when the same shall become due (other than security deposits and last month's rent for residential apartments); (iil) not to execute any other assignment of lessor's interest in the Leases or in the rents due under the Leases or accruing from the Mortgaged leases of apartments to residential tenants on a form of lease and at rents approved by Lender), without the Lender's prior written consent on each occasion, which consent may be withheld if the same might, in the Lender's judgment, impair the valuc of the Mortgaged Property; and (v) to 2 OMFIRM #403948812 vA
DOC #2023-0068978 Page 5 of 11
execute and deliver all such further assurances and assignments in the Mortgaged Property and the Leases as the Lender from time to time requires.
3. Condition of Assignment. This Assignment is made on the following terms and conditions:
Although this Assignment constitutes a present, current and absolute assignment, so long as the Borrower is not in default beyond any applicable grace period in the payment of the Loan Amount, interest or charges due under the HRFC Mortgage Note, or any other indebtedness secured by any HRFC Loan Document or in the payment or performance of any other Obligation, Lender shall not demand that the rents, income and profits be paid directly to Lender and the Borrower shall have the right to collect, when due, all rents, income and profits from the Leases and the Mortgaged Property and to retain, use and enjoy the same.
Upon or at any time after default beyond any applicable grace period in the payment of the Loan Amount, interest or charges due under the HRF Mortgage Note, or any other indebtedness secured by any HRFC Loan Document, or in the payment or performance of any other Obligation, the Lender, may at its option, without notice, without regard to the adequacy of other security for the Obligations and without in any way waiving such default, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, either take possession of the Mortgaged Property and lease and operate the Mortgaged Property to the same extent as the Borrower might do for such period of time as the Lender may deem proper, or without taking possession of the Mortgaged Property, in its own name or in the Borrower's name, collect and receive all rents, income and profits of the Leases and the Mortgaged Property (by legal action if appropriate in the Lender's judgment), enter into new leases, renew, alter, amend, cancel or surrender leases existing from time to time, or deal in any other way with tenants, always with full power to make all alterations, renovations, repairs and replacements to the Mortgaged Property as may seem proper to the Lender from time to time to preserve their value as security for payment and performance of the Obligations; and to apply such rents, income and profits in such order of priority as the Lender in its sole discretion may determine, any statute, law, custom or use to the contrary notwithstanding, to the payment of:
(i) all expenses of managing, leasing, operating and maintaining the Mortgaged Property, including, without limitation, the cost of a management agent and all taxes, charges, claims, assessments, water rents, sewer rents and other liens, and premiums for all insurance which the Lender may deem appropriate, payment or refund of security deposits and interest due thereon, all expenses of alterations, renovations, repairs or replacements to the Mortgaged Property and all expenses incident to taking and retaining possession of the, (ii) all Obligations.
The Lender's exercise of the right to collect the rents, income and profits shall not be considered a waiver by the Lender of any default in any Obligation.
Evidence of Continuing Effectixoness. Upon full payment to the Lender of the Loan Amount, interest and other charges due under the HRFC Mortgage Note and all other 3 OMFIRM #403948812 v4
DOC #2023-0068978 Page 6 of 11
indebtedness secured by the HRFC Loan Documents, this Assignment shall be void and of no further effect, but the affidavit, certificate, letter or statement of any officer, agent, or attorney of the Lender asserting that any of such indebtedness remains unpaid shall be conclusive evidence that this Assignment is still in force and effect and any person may, and is authorized and directed by the Borrower to rely thereon. The Borrower authorizes and directs all lessees and occupants of the Mortgaged Property, upon receipt from the Lender of written notice to the effect that the Lender is then the holder of the HRFC Mortgage Note and that a default exists as described in this Assignment and is continuing beyond expiration of applicable notice and/or grace periods, if any (and notwithstanding any notice or claim by the Borrower to the contrary, to pay over to the Lender all rents, income and profits accruing under the Leases and from the Mortgaged Property and to continue to do so until otherwise notified by the Lender, and the Borrower waives any claim the Borrower might have against such lessees or occupants for rent or other amounts paid to the Lender, reserving all the Borrower's rights therein solely to a claim against the Lender.
the Londer pursuant to the powers and rights granted to the Lender under this Assignment, shall No Waiver. Nothing contained in this Assignment, and no act done or omitted by be deemed to be a waiver by the Lender of its rights and remedies under the HRFC Mortgage Note or any other HRFC Loan Document, and this Assignment is made and accepted without Note and the other HRFC Loan Documents. The Lender's right to collect the Loan Amount, prejudice to any of the rights and remedies of the Lender under the terms of the HRFC Mortgage interest and other charges and all other Obligations and to enforce any ofher security therefor all may be exercised by the Lender either prior to, simultaneously with or subsequent to any action taken under this Assignment.
Lender Not Liable. This Assigument is granted solely to secure the payment and management or repair of the Mortgaged Property on the Lender, nor for the carrying out of any performance of all Obligations and shall not operate to place responsibility for the control, of the terms and conditions of the Leases; nor shall it operate to make the Lender responsible or liable for any waste committed on the Mortgaged Property by tenants or any other parties, or for any dangerous or defective condition of the Mortgaged Property or for any negligence in the management, upkeep, repair or control of the Mortgaged Property resulting in loss, injury or death to any tenant, licensee, employee or stranger or for other loss with respect to the Mortgaged Property suffered by the Borrower.
The Lender shall not be liable for any loss sustained by the Borrower resulting from the Lender's failure to rent the Mortgaged Property, or from performing lessor's obligations under the Leases or from any other act or omission of the Lender in managing the Mortgaged Property unless such loss is caused by the Lender's willful misconduct and bad faith. The Lender shall not be obligated to perform or discharge, nor does the Lender undertake to perform or discharge, any obligation, duty or liability under the Leases or under or by reason of this Assignment and the Borrower hereby indemnifies the Lender, for, and holds the Lender harmless from any and Assignmeht and from any and all claims and demands whatsoever which may be asserted against all liability, loss, damage or expense which the Lender may incur under or by reason of this the Lender by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in the Leases. Should the Lender incur any such liability under the Leases or under or by reason of this Assignment or in defense 4 DMFIRM #403946812 v4
DOC #2023-0068978 Page 7 of 11
of any such claims or demands, the amount thereof, including costs, expenses and reasonable attorneys' fees, shall be secured by the HRFC Mortgage, this Assignment and each other HRFC Loan Document and shall bear interest at the rates) provided in the HRFC Mortgage Note, and the Borrower shall reimburse the Lender therefor immediately upon demand and on the failure of the Borrower so to do, the Lender may, at its option, declare all Obligations secured by this Assignment immediately due and payable.
Notices. Any demand, notice or request by cither party to the other under this Assignment or under any other HRFC Loan Document shall be sufficiently given if in the manner required under the HRFC Loan Agreement.
8. Binding Effect; Time of the Essence; Headings. This Assignment shall inure to the benefit of, and be binding on, the Borrower and the Lender and their respective successors and assigns, and upon discharge of the HRFC Mortgage shall cease to be of any force and effect.
Amendment. . This Assignment can be amended or otherwise altered, terminated or discharged only by a writing signed by the party to be charged therewith.
Limitation on Liability. In the event of default hereunder not cured within applicable grace periods, if any, the recourse of the Lender shall be limited to the Borrower's interest in the Mortgaged Property and any other security granted by Borrower to Lender to secure the HRFC Mortgage Note, as more particularly described in the HRFC Loan Agreement and the other HRFC Loan Documents. Neither Borrower, nor any general or limited partner of Borrower, or any affiliate thereof, nor any officer, director, shareholder or employee of any of said entities, shall have any personal liability hereunder. [SIGNATURES NEXT PAGE]
DMFIRM #403946812 v4
DOC #2023-0068978 Page 8 of 11
IN WITNESS WHEREOF, Borrower has executed this Assignment of Leases and Rents as of the date set forth above.
BORROWER:
SILVERCREST, INC., a California non-profit public
benefit corporation,
By: one Ardeck Willars
/ Tyrone Roderick Williams
Secretary/Director
OMEAST #33081550
(Partler Oak Grove West - HRFC Assignment of Leases and Rents) DOC #2023-0068978 Page 9 of 11
A notary public or other officer completing this certificate verifies only the Identity of the Individual who sloned the document to which this certificate CALIFORNIA ALL-PURPOSE Is attached, and not the truthfulness, accuracy, or validity of that document.
CERTIFICATE OF
State of California ) ACKNOWLEDGMENT
countyof _Fresno
on July 21, 2022 enoreme Amber L Luza, Natan Public.
personally appeared TyRONE RODERiCK WiLLiAMS
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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.
AMBER L, LINANO
HOTARY PUBLIC • CALIFORNIA
COMMISSION # 2392184
WITNESS my hand and official seal. FRESNO COUNTY
My Comm. Exp, Jon. 31, 2028
Signature
(Seal)
- OPTIONAL INFORMATION
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document though the information in this section is not required by law, it could prevent fraudulent removal and reattachment of thi Description of Attached Document
Additional Information
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Parlier Oak Grove West Proved to me on the basis of satisfactory evidence:
HKFC Assigument of Leases and Rents - formis of identification O credible witnesses) containing Notarfal event is detailed in notary Journal on:
_.pages, and dated Page *
Entry e
The signer(s) capacity or authority is/are as: Amber Lujano Individual(s) Notary canar: 559, 513 3897
• Attorney-in-Fact Other
• Corporate Officers) • Additional Signerts) • Signerts) Thumhprints) Title(s)
• Guardian/Conservator
• Partner - Limited/General
- Trustee(s)
• Other:
representing:
Hamels of Person(i or Entities Signert Representing
© Copyright 2007-2014 Notary Rotary, Inc. PO Box 49400, Des Moines, IA 50311-0507. All Rights Reserved. Item Numer 01772. Please contact your Autorized Reseller to purchase copias of this farm.
DOC #2023-0068978 Page 10 or 11
EXHIBIT A
Description of Land
The land described herein is situated in the State of California, County of Fresno, City of Parlier, described as follows:
RESULTANT PARCEL B
That portion of the Southwest quarter of Section 24, Township 15 South, Range 22 East, Mount Diablo Base & Meridian, County of Fresno, City of Parlier, State of California described as follows:
All that certain real property described in Document No. 48772 recorded in Book 4873, at page 523, Official Records of Fresno County, excepting therefrom all that portion described in Grant Deed to Parlier Oak Grove, IP, a California corporation, on March 26, 2018 as Document No. 2018-0035348, Official Records of said county;
Also excepting therefrom all that portion described as follows:
Commencing at the center quarter corner of Section 24, Township 15 South, Range 22 East, Mount Diablo Base & Meridian; thence along the East line of the Northeast 1/4 of the Southwest 1/4 of Section 24, South 0° O5 '00 " East, 609.93 feet to a point on the centerline of Tulare Street as now existing, and delineated in the town of Parlier; thence along the Westerly prolongation of said centerline of Tulare Street, North 89° 50' 00" West, 1035.83 feet; thence North 00° 09' 00" West, 37.50 feet to a point on the North right of way line of Tulare Street as described in that certain Document No. 2005-0134714, Official Records of Fresno County, said point also being the POINT OF BEGINNING.
Thence from said point of beginning and leaving said North right of way line, along the East line of that certain Document No. 2018-0035349 the following three (3) courses:
Thence (1) North 00° 09' 00" West, 280.39 feet;
Thence (2) North 89° 50' 00" West, 71.32 feet;
Thence (3) North 00° 09" 00" West, 128.42 feet to a point thereon, from which point the Southerly right of way line of East Parlier Avenue as described in said Document No. 48772 bears, North 00° 09' 00" West, 43.50 feet;
Thence leaving said East line South 41° 13' 50" West, 211.11 feet; thence South 89° 51' 11" West, 51.32 feet to a point on the East right of way line of Avila Way as described said Document No. 2005-0134714, Official Records of Fresno County; thence along said East line South 00° 05' 41" East, 243.62 feet to the beginning of a curve to the left having a radius of 5.75 feet; thence Southeasterly along said curve, through a central angle of 89° 44' 19" an aro •
A-l
DMFIRM #403946812 v4
DOC #2023-0068978 Page 11 of 11
distance of 9.01 feet to a point on the North right of way line of Tulare Street; thence along said North right of way line, South 89° 50' 00" East, 256.72 feet to the POINT OF BEGINNING.
APN: Portion of APN 355-280-07
DMFIRM #403046812 v4
A-2
#1
PAR Check Report
CITY OF PARLIER By Check Number
Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: APBNK-APBNK
AAA02 AAA BUSINESS SUPPLIES 11/14/2024 Regular 173.24 63870
0.00 ADC01 ADCOMP SYSTEMS, INC. 11/14/2024 Regular 0.00 52.50 63871 APE01 APEX GENERAL INC. 11/14/2024 Regular 0.00 1,565.00 63872 ARAOO ARAMARK UNIFORM SERVICES 11/14/2024 Regular 0.00
754.55 63873
AXO01 AXON ENTERPRISES, INC. 11/14/2024 Regular 0.00 3,604.95 63874 BOB02 BOB BARKER COMPANY INC. 11/14/2024 Regular 0.00 318.05 63875 BMI00 BROADCAST MUSIC, INC. 11/14/2024 Regular 0.00 435.00 63876 CAL30 CALIFORNIA CONSULTING, INC. 11/14/2024 Regular 0.00 8,175.00 63877
CEN15 CENTRAL VALLEY POWDER COATING 11/14/2024 Regular 0.00 3,400.00 63878
CHA11 CHAPMAN LAW, P.C. 11/14/2024 Regular 0.00 5,950.00 63879 CINO1 CINTAS CORPORATION NO. 2 11/14/2024 Regular 0.00
1,089.05 63880
CINO2 CINTAS CORPORATION NO. 2 11/14/2024 Regular 0.00 225.77 63881 COLO COLLEGE OF THE SEQUOIAS 11/14/2024 Regular 0.00 770.0063882 DAV10 DAVE BANG ASSOCIATES INC. 11/14/2024 Regular 0.00 7,023.15 63883
DEP07 DPREP INC 11/14/2024 Regular 0.00 249.00 63884
EDD02 EMPLOYMENT DEVELOPMENT DE Regular 0.00
11/14/2024 7,272.00 63885
GRO01 FERGUSON ENTERPRISES INC. 11/14/2024 Regular 0.00 4,262.85 63886 FRE28 FRESNO CITY COLLEGE 11/14/2024 Regular 0.00
299.00 63887
FRE09 FRESNO COMMUNITY HOSPITAL AND MEDICAL 11/14/2024 Regular 0.00 1,600.00 63888
FRE13 FRESNO COUNTY TREASURER 11/14/2024 Regular 0.00 288.04 63889 SEQ02 JEFFREY GOOD 11/14/2024 Regular 0.00 1,909.69 63890 COR17 JESUS CORONA 11/14/2024 Regular 0.00
261.47 63891
T&J01 JOSE M SILVA 11/14/2024 Regular 0.00
2,092.72 63892
ROD26 Juan E. Rodriguez 11/14/2024 Regular 0.00 261.47 63893 KOE01 KOEFRAN INDUSTRIES, INC. 11/14/2024 Regular 0.00 195.00 63894 LEE01 LEE'S SERVICE 11/14/2024 Regular 0.00
491.45 63895
LIE01 LIEBERT CASSIDY WHITMORE 11/14/2024 Regular 0.00
2,016.00 63896
MEN18 MENDOCINO AUTO SALES & RE 11/14/2024 Regular 0.00 2,126.50 63897 0'B01 NEIL O'BRIEN 11/14/2024 Regular 0.00 100.00 63898 NEL03 NELSON'S HARDWARE, INC. 11/14/2024 Regular 0.00
58.54 63899
PAP02 PAPE MACHINERY INC. 11/14/2024 Regular 0.00 628.43 63900 PAR1U PARLIER UNIFIED 11/14/2024 Regular 0.00 13,453.19 63901 PAY01 PAY PLUS BENEFITS, INC. 11/14/2024 Regular
0.00 593.80 63902
PLA01 PLAK SMACKER 11/14/2024 Regular 0.00 287.66 63903 PRO01 PROVOST & PRITCHARD CONSULTING GROUP 11/14/2024 Regular
0.00 25,570.09 63904
RENO2 RAT INCORPORATED 11/14/2024 Regular 0.00 165.00 63905 RIP01 REEDLEY IRRIGATION & SUPP 11/14/2024 Regular 0.00 158.07 63906 RLB01 REEDLEY LUMBER & BUILDING 11/14/2024 Regular 0.00 1,418.29 63907
**Void** 11/14/2024 Regular 0.00 0.00 63908
STAIU STAR 1 MINI MART 11/14/2024 Regular 0.00 1,908.02 63909 STA04 STATE FOODS SUPERMARKET 11/14/2024 Regular 0.00 1,077.85 63910 SURO3 SURVEILLANCE INTEGRATION 11/14/2024 Regular 0.00 662.25 63911 THO00 THOMSON REUTERS - WEST 11/14/2024 Regular 0.00 686.48 63912 TOWOZ TOWNSEND PUBLIC AFFAIRS, INC. 11/14/2024 Regular 0.00 2,000.00 63913 UNI19 UNITED RENTALS (NORTH AMERICA), INC. 11/14/2024 Regular 0.00 3,419.20 63914
UNIOS UNITY IT 11/14/2024 Regular 0.00 1,014.99
63915
WILO6 WILLDAN ENGINEERING 11/14/2024 Regular 0.00 4,695.00 63916
ADPOO ADP, INC. 11/05/2024 Bank Draft 0.00 2,359.85 DFT0000789 PERO1 CALPERS 11/07/2024 Bank Draft 0.00 417.08 DFT0000790 PER01 CALPERS 11/07/2024 Bank Draft 0.00 528.17 DFT0000791 PERO1 CALPERS 11/07/2024 Bank Draft 0.00 29,337.04 DFT0000792 11/14/2024 3:35:17 PM Page 1 of 3
Check Report Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number ALT01 ALTA MONTCLAIR/EBSA 11/08/2024 Bank Draft 0.00 1,425.00 DFT0000793 Bank Code APBNK Summary
Payable Payment
Payment Type Discount Payment
Regular Checks 46 0.00 114,758.31
Manual Checks 0.00 0.00
Voided Checks 1 0.00 0.00
Bank Drafts 5 0.00 34,067.14
EFT's 0 0.00 0.00
94 52 0.00 148,825.45
11/14/2024 3:35:17 PM Page 2 of 3
Check Report Date Range: 11/05/2024 - 11/14/2024
All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 89 46 0.00 114,758.31
Manual Checks 0.00 0.00
Voided Checks 1 0.00 0.00
Bank Drafts 5 5 0.00 34,067.14
EFT's 0 0.00 0.00
таминин
94 52 0.00 148,825.45
Fund Summary
Fund Name Period Amount
999 POOL FUND 11/2024 148,825.45
148,825.45
11/14/2024 3:35:17 PM Page 3 of 3
OF
Check Report
CITY OF PARLIER By Check Number
Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type
Discount Amount Payment Amount Number
Bank Code: APBNK-APBNK
AAA02 AAA BUSINESS SUPPLIES 11/14/2024 Regular 0.00 173.24 63870 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 2383904-0 Invoice 11/14/2024 PD OFFICE SUPPLIES 0.00 30.17 100-5400-6000 OFFICE SUPPLIES PD OFFICE SUPPLIES 30.17
2384306-0 Invoice 11/14/2024 PD OFFICE SUPPLIES 0.00 143.07 100-5400-6000 OFFICE SUPPLIES PD OFFICE SUPPLIES 143.07 ADC01 ADCOMP SYSTEMS, INC. 11/14/2024 Regular 0.00
52.50 63871
Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 26470 Invoice 11/14/2024 ADCOMP TRANS FEES 10/24 0.00 52.50 400-5300-6581 ADCOMP/CC TRANSACTI ADCOMP TRANS FEES 10/24 17.50 401-5300-6581 ADCOMP/CC TRANSACTI ADCOMP TRANS FEES 10/24 17.50 402-5300-6581 ADCOMP/CC TRANSACTI ADCOMP TRANS FEES 10/24 17.50 APE01 APEX GENERAL INC. 11/14/2024 Regular
0.00 1,565.00 63872
Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 15472621 Invoice 11/14/2024 PD ELECTRICAL WORK 0.00 1,565.00 314-5400-6520 PROFESSIONAL SERVICES/ PD ELECTRICAL WORK 1,565.00 ARAOO ARAMARK UNIFORM SERVICES 11/14/2024 Regular
0.00 754.55 63873
Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 26320336 Invoice 11/14/2024 PA STAFF UNIFORMS 0.00 421.48 269-6303-5013 UNIFORM PA STAFF UNIFORMS 421.48
26323446 Invoice 11/14/2024 PA STAFF UNIFORMS 0.00 333.07 269-6303-5013 UNIFORM PA STAFF UNIFORMS 333.07
AXO01 AXON ENTERPRISES, INC. 11/14/2024 Regular 3,604.95 63874
0.00 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount INUS294252 Invoice 11/14/2024 PD BASIC LICENSE BUNDLE 0.00 3,604.95 102-5400-7001 CAPITAL OUTLAY PROJECT PD BASIC LICENSE BUNDLE 3,604.95 BOB02 BOB BARKER COMPANY INC. 11/14/2024
Payable# 318.05 63875
Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount INV2073459 Invoice 11/14/2024 PD JAIL SUPPLIES
100-5400-6002 PARTS SUPPLIES PD JAIL SUPPLIES 318.05
BMIOO BROADCAST MUSIC, INC. 11/14/2024
0.00 435.00 63876
Payable# Payable Type Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 56174826 Invoice 11/14/2024 MUSIC LICENSE 2025 0.00 435.00 100-5617-6501 MEMBERSHIP DUES MUSIC LICENSE 2025 435.00 CAL30 CALIFORNIA CONSULTING, INC. 11/14/2024 Regular 0.00 8,175.00 63877 Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 6989 Invoice 11/14/2024 GRANT WRITING SCS 11/24 0.00 3,000.00 100-5200-6520 PROFESSIONAL SERVICES/ GRANT WRITING SCS 11/24 3,000.00 11/14/2024 3:36:09 PM
Check Report Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 7031 Invoice 11/14/2024 GRANT ADMIN 10/24 0.00 2,250.00 100-5300-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 10/24 - COPS 225.00 100-5300-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 10/24 - CALOES 300.00 315-5300-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 10/24 - BSCC 575.00 315-5400-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 10/24 - BSCC 575.00 315-5621-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 10/24 - BSCC 575.00 7251 Invoice 11/14/2024 GRANT ADMIN 8/24 0.00 2,250.00
100-5300-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 8/24 300.00 100-5400-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 8/24 - COPS 600.00 100-5700-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 8/24 - CDBG 1,350.00 7259 Invoice 11/14/2024 GRANT ADMIN 9/24 0.00 675.00
100-5300-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 9/24 75.00 100-5400-6520 PROFESSIONAL SERVICES/ GRANT ADMIN 9/24 - COPS 600.00 CEN15 CENTRAL VALLEY POWDER COATING 11/14/2024 Regular 0.00 3,400.00 63878 Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 1441 Invoice 11/14/2024 FIG TREE PARK BENCH COATING 0.00 3,400.00 243-5700-6520 PROFESSIONAL SERVICES FIG TREE PARK BENCH COATING 3,400.00 CHA11 CHAPMAN LAW, P.C. 11/14/2024 Regular 0.00 5,950.00 63879 Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 374 Invoice 11/14/2024 GEN LEGAL SVCS 10/24 - RE: SARBAT BHA 0.00 5,950.00 100-5200-6521 ATTORNEY SERVICES GEN LEGAL SVCS 10/24 - RE: SA 5,950.00 CINO1 CINTAS CORPORATION NO. 2 11/14/2024 Regular 0.00 1,089.05 63880 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 4186993441 Invoice 11/14/2024 WK SVCS 3/20/24 0.00 354.90 100-5200-6520 PROFESSIONAL SERVICES/ CITY HALL SUPPLIES 45.63 100-5617-6520 PROFESSIONAL SERVICES/ COMM CENTER SUPPLIES 48.19 400-5600-6520 PROFESSIONAL SERVICES/ PW UNIFORMS & SUPPLIES 130.54 401-5600-6520 PROFESSIONAL SERVICES PW UNIFORMS & SUPPLIES 130.54 4188443440 Invoice 11/14/2024 WK SVCS 4/3/24 0.00 354.90 100-5200-6520 PROFESSIONAL SERVICES/ CITY HALL SUPPLIES 45.63 100-5617-6520 PROFESSIONAL SERVICES/ COMM CENTER SUPPLIES 48.19 400-5600-6520 PROFESSIONAL SERVICES/ PW UNIFORMS & SUPPLIES 130.54 401-5600-6520 PROFESSIONAL SERVICES PW UNIFORMS & SUPPLIES 130.54 4192070047 Invoice 11/14/2024 WK SVCS 5/8/24 0.00 379.25 100-5200-6520 PROFESSIONAL SERVICES/ CITY HALL SUPPLIES 45.63 100-5617-6520 PROFESSIONAL SERVICES/ COMM CENTER SUPPLIES 57.54 400-5600-6520 PROFESSIONAL SERVICES/ PW UNIFORMS & SUPPLIES 138.04 401-5600-6520 PROFESSIONAL SERVICES PW UNIFORMS & SUPPLIES 138.04 CINOZ CINTAS CORPORATION NO. 2 11/14/2024 Regular 0.00 225.77 63881 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 5236209201 Invoice 11/14/2024 PD FIRST AID SUPPLIES 0.00 184.40 100-5400-6002 PARTS SUPPLIES PD FIRST AID SUPPLIES 184.40 5236209202 Invoice 11/14/2024 PW FIRST AID SUPPLIES 0.00 41.37 400-5600-6002 PARTS & SUPPLIES PW FIRST AID SUPPLIES 41.37 COLO7 COLLEGE OF THE SEQUOIAS 11/14/2024 Regular 0.00 770.00 63882 11/14/2024 3:36:09 PM Page 2 of 11
Check Report
Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type
Payable # Payable Type Post Date Discount Amount Payment Amount Number Payable Description Discount Amount Payable Amount
Account Number Account Name Item Description Distribution Amount 588 Invoice 11/14/2024 FIREARMS/TACTICAL RIFLE TRNG
0.00 770.00
100-5400-6503 TRAVEL, MEETINGS & TR FIREARMS/TACTICAL RIFLE TRN 154.00 100-5400-6503 TRAVEL, MEETINGS & TR FIREARMS/TACTICAL RIFLE TRN 154.00
100-5400-6503 TRAVEL, MEETINGS & TR FIREARMS/TACTICAL RIFLE TRN 154.00 100-5400-6503 TRAVEL, MEETINGS & TR FIREARMS/TACTICAL RIFLE TRN 154.00 100-5400-6503 TRAVEL, MEETINGS & TR FIREARMS/TACTICAL RIFLE TRN 154.00 DAV10 DAVE BANG ASSOCIATES INC. 11/14/2024
Payable # Regular 0.00 7,023.15 63883
Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount CA57155 Invoice 11/14/2024 REC VOLLYBALL EQUIP
315-5621-6002 0.00 7,023.15
RECREATIONAL PARTS SU REC VOLLYBALL EQUIP 7,023.15
DEPO7 DPREP INC 11/14/2024
Payable # Regular 0.00 249.00 63884
Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount CNIC20240805-0 Invoice 11/14/2024 CRISIS NEGOTIATIONS TRNG - H ZAVALZA 100-5400-6503 0.00 249.00
TRAVEL, MEETINGS & TR CRISIS NEGOTIATIONS TRNG - H 249.00 EDDO2 EMPLOYMENT DEVELOPMENT DE 11/14/2024
Regular 0.00 7,272.00 63885
Payable# Payable Type Post Date Payable Description
Account Number Discount Amount Payable Amount
Account Name Item Description Distribution Amount
L2071667408 Invoice 11/14/2024 Ul BENEFITS 3Q 2024
0.00 7,272.00
100-5400-5016 UNEMPLOYMENT INSURA UI BENEFITS 3Q 2024 - M FLORE 3,600.00 269-6303-5016 UNEMPLOYMENT INSURA UI BENEFITS 3Q 2024 - H GARCI 3,672.00
GRO01 FERGUSON ENTERPRISES INC. 11/14/2024 Regular
Payable # Payable Type 0.00 4,262.85 63886
Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 0015127 Invoice 11/14/2024 WATER LEAK MAINT SUPPLIES
400-5600-6002 0.00 4,262.85
PARTS & SUPPLIES WATER LEAK MAINT SUPPLIES 4,262.85
FRE28 FRESNO CITY COLLEGE 11/14/2024
Payable # Payable Type Post Date 299.00 63887
Payable Description Discount Amount Payable Amount
Account Number Account Name Item Description
18572456 Distribution Amount
POST SUPERVISOR COURSE 299.00
100-5400-6503 TRAVEL, MEETINGS & TR POST SUPERVISOR COURSE - RE 299.00 FRE09 FRESNO COMMUNITY HOSPITAL AND MEDICAL 11/14/2024
Regular 1,600.00 63888
Payable# Payable Type Post Date Payable Description
Account Number Discount Amount Payable Amount
Account Name Item Description Distribution Amount
177153799 Invoice 11/14/2024 PD SAFETY SUPPLIES
100-5400-6520 PROFESSIONAL SERVICES/ PD SAFETY SUPPLIES 800.00
MARCH2024 Invoice 11/14/2024 PD SAFETY SUPPLIES 3/24 0.00 100-5400-6520 800.00
PROFESSIONAL SERVICES/ PD SAFETY SUPPLIES 3/24 800.00
FRE13 FRESNO COUNTY TREASURER 11/14/2024 Regular
Payable # Payable Type 288.04 63889
Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description
S022179 11/14/2024 Distribution Amount
Invoice RMS/JMS FEES 10/24
100-5400-6520 288.04
PROFESSIONAL SERVICES/ RMS/JMS FEES 10/24 288.04
SEQ02 JEFFREY GOOD 11/14/2024
Payable# Payable Type Post Date 1,909.69 63890
Payable Description Discount Amount Payable Amount
Account Number Account Name Item Description
6876 Distribution Amount
Invoice 11/14/2024 LANDSCAPE TOOLS
213-5600-6002 PARTS SUPPLIES LANDSCAPE TOOLS 949.97
6877 Invoice 11/14/2024 PARK TOOLS
0.00 959.72
11/14/2024 3:36:09 PM
Check Report Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 100-5600-6002 PARTS SUPPLIES PARK TOOLS 959.72
COR17 JESUS CORONA 11/14/2024 Regular 0.00 261.47 63891 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 10/14-18/2024 Invoice 11/14/2024 SEST & ARIDE TRNG 0.00 261.47 100-5400-6011 SFST & ARIDE TRNG - TRAVEL 161.47
100-5400-6503 TRAVEL, MEETINGS & TR SEST & ARIDE TRNG - PER DIEM 100.00 T&J01 JOSE M SILVA 11/14/2024 Regular 0.00 2,092.72 63892 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount PW 9-24 Invoice 11/14/2024 PW VEHICLE FUEL 9/24 0.00 2,092.72 100-5420-6011 FUEL PW VEHICLE FUEL 9/24 126.40
100-5620-6011 FUEL - REC. PW VEHICLE FUEL 9/24 80.01
400-5600-6011 FUEL PW VEHICLE FUEL 9/24 1,246.15
401-5600-6011 FUEL PW VEHICLE FUEL 9/24 640.16
ROD26 Juan E. Rodriguez 11/14/2024 Regular 0.00 261.47 63893 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 10/14-18/2024 Invoice 11/14/2024 SFST & ARIDE TRNG REIM 0.00 261.47 100-5400-6011 SEST & ARIDE TRNG REIM - TRA 161.47
100-5400-6503 TRAVEL, MEETINGS & TR SEST & ARIDE TRNG REIM - PER 100.00 KOE01 KOEFRAN INDUSTRIES, INC. 11/14/2024 Regular 0.00 195.00 63894 Payable # Payable Type Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 0000625364 Invoice 11/14/2024 ANIMAL DISPOSAL 10/24 0.00 195.00 100-5410-6021 ANIMAL DISPOSAL ANIMAL DISPOSAL 10/24 195.00 LEE01 LEE'S SERVICE 11/14/2024 Regular 491.45 63895
Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 2036562 Invoice 11/14/2024 UNIT #114 TIRE 491.45
400-5600-6532 VEHICLE MAINTENANCE UNIT #114 TIRE 491.45 LIE01 LIEBERT CASSIDY WHITMORE 11/14/2024 Regular 0.00 2,016.00 63896 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 277847 Invoice 11/14/2024 GEN LEGAL SVCS 9/24 - MATTER: PA110.0 0.00 1,422.00 100-5200-6521 ATTORNEY SERVICES GEN LEGAL SVCS 9/24 - MATTER 1,422.00 277898 Invoice 11/14/2024 SHALL PRE LITIGATION - MATTER NO: PA1 0.00 594.00 100-5200-6521 ATTORNEY SERVICES SHALL PRE LITIGATION - MATTE 594.00 MEN18 MENDOCINO AUTO SALES & RE 11/14/2024 Regular 0.00 2,126.50 63897 Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 23794 Invoice 11/14/2024 PD VEHICLE MAINT UNIT 1807 0.00 131.39 100-5400-6532 VEHICLE MAINTENANCE PD VEHICLE MAINT UNIT 1807 131.39 33607 Invoice 11/14/2024 PW UNIT #511 REPAIRS 0.00 1,995.11 400-5600-6532 VEHICLE MAINTENANCE PW UNIT #511 REPAIRS 1,995.11 Ơ'B01 NEIL O'BRIEN 11/14/2024 Regular 0.00 100.00 63898 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 10/14-18/2024 Invoice 11/14/2024 SFST & ARIDE TRNG REIM 0.00 100.00 100-5400-6503 TRAVEL, MEETINGS & TR SFST & ARIDE TRNG REIM - PER 100.00 NELO3 NELSON'S HARDWARE, INC. 11/14/2024 Regular 0.00 58.54 63899 11/14/2024 3:36:09 PM Page 4 of 11
Check Report Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 837337 Invoice 11/14/2024 STREET MAINT SUPPLIES 0.00 58.54 200-5600-6002 PARTS & SUPPLIES STREET MAINT SUPPLIES 58.54 PAPO2 PAPE MACHINERY INC. 11/14/2024 Regular 0.00 628.43 63900 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 15720058 Invoice 11/14/2024 UNIT $114 WHEEL 0.00 628.43 400-5600-6002 PARTS & SUPPLIES UNIT $114 WHEEL 628.43
PARIU PARLIER UNIFIED 11/14/2024 Regular 0.00 13,453.19 63901 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 25002 Invoice 11/14/2024 PD FUEL 7/24-9/24 0.00 13,453.19 100-5400-6011 PD FUEL 7/24-9/24 13,453.19
PAYO1 PAY PLUS BENEFITS, INC. 11/14/2024 Regular 0.00 593.80 63902 Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 33791 Invoice 11/14/2024 CALPERS REPORTING 10/24 0.00 593.80 100-5200-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 17.21 100-5400-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 240.96 100-5420-6520 PROFESSIONAL SERVICES CALPERS REPORTING 10/24 17.21 100-5620-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 25.82 100-5700-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 17.21 102-5400-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 17.21 160-5400-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 8.61 269-6303-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 103.27 400-5300-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 38.73 400-5600-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 34.42 401-5300-6520 PROFESSIONAL SERVICES/ CALPERS REPORTING 10/24 38.73 401-5600-6520 PROFESSIONAL SERVICES CALPERS REPORTING 10/24 34.42 PLA01 PLAK SMACKER 11/14/2024 Regular 0.00 287.66 63903 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount CD61004405 Invoice 11/14/2024 PA CHILDREN'S TOOTHBRUSHES 0.00 287.66 269-6303-6001 OPERATIONAL SUPPLIES PA CHILDREN'S TOOTHBRUSHES 287.66 PRO01 PROVOST & PRITCHARD CONSULTING GROUP 11/14/2024 Regular 25,570.09 63904 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 114220 Invoice 11/14/2024 HOUSING ELEMENT 9/24 112.80
100-5700-6520 PROFESSIONAL SERVICES/ HOUSING ELEMENT 9/24 112.80 114221 Invoice 11/14/2024 PRODIGY SQUARE 9/24 0.00 58.86 100-5700-6520 PROFESSIONAL SERVICES/ PRODIGY SQUARE 9/24 58.86 114222 Invoice 11/14/2024 I.N. SPORTS PARK 9/24 0.00 154.87 299-5000-6520 PROFESSIONAL SERVICES I.N. SPORTS PARK 9/24 154.87 114225 Invoice 11/14/2024 FY 24/25 CONTRACT PLANNING SVCS 0.00 19,965.85 100-5700-6520 PROFESSIONAL SERVICES/ COMM DEV DIR SVCS 9/24 18,309.45 100-5700-6520 PROFESSIONAL SERVICES/ GEN SVCS 9/24 852.00 245-5700-6520 PROFESSIONAL SERVICES STORMWATER SVC 9/24 804.40 114226 Invoice 11/14/2024 TENTATIVE PARCEL MAP #2024-01 9/24 0.00 442.60 100-5700-6520 PROFESSIONAL SERVICES/ TENTATIVE PARCEL MAP #2024- 442.60 114227 Invoice 11/14/2024 ZONING TEXT AMENDMENT 9/24 0.00 1,819.10 100-5700-6520 PROFESSIONAL SERVICES/ ZONING TEXT AMENDMENT 9/2 1,819.10 114228 Invoice 11/14/2024 CALHOME ASSISTANCE 9/24 0.00 1,109.20 100-5700-6520 PROFESSIONAL SERVICES/ CALHOME ASSISTANCE 9/24 - A 413.60 11/14/2024 3:36:09 PM Page 5 of 11
Check Report Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 100-5700-6520 PROFESSIONAL SERVICES/ CALHOME ASSISTANCE 9/24 - H 695.60 114229 Invoice 11/14/2024 EAST AVE APTS 9/24 0.00 94.00 100-5700-6520 PROFESSIONAL SERVICES/ EAST AVE APTS 9/24 94.00 114244 Invoice 11/14/2024 UNWIRED BROADBAND 9/24 0.00 515.61 100-5700-6520 PROFESSIONAL SERVICES/ UNWIRED BROADBAND 9/24 515.61 114260 Invoice 11/14/2024 TRACT 6356 SCHAFER 9/24 0.00 1,297.20 100-5700-6520 PROFESSIONAL SERVICES/ TRACT 6356 SCHAFER 9/24 - PH 169.20 100-5700-6520 PROFESSIONAL SERVICES/ TRACT 6356 SCHAFER 9/24 - PH 864.80 100-5700-6520 PROFESSIONAL SERVICES/ TRACT 6356 SCHAFER 9/24 - PH 263.20 RENO2 RAT INCORPORATED 11/14/2024 Regular 0.00 165.00 63905 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount INV/2024/12088 Invoice 11/14/2024 PW RENTAL SVCS 11/24 0.00 165.00 100-5600-6520 PROFESSIONAL SERVICES/ PW RENTAL SVCS 11/24 165.00 RIPO1 REEDLEY IRRIGATION & SUPP 11/14/2024 Regular 0.00 158.07 63906 Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount RIS-POS02-61324 Invoice 11/14/2024 PW PARK SUPPLIES 0.00 158.07 100-5610-6002 PARTS & SUPPLIES PW PARK SUPPLIES 158.07
RLB01 REEDLEY LUMBER & BUILDING 11/14/2024 Regular 0.00 1,418.29 63907 Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 352918 Invoice 11/14/2024 PA REPAIRS 0.00 23.39
269-6303-6531 REPAIRS & MAINTENANC PA REPAIRS 23.39
352919 Invoice 11/14/2024 PW PARK MAINT SUPPLIES 0.00 31.90 100-5610-6002 PARTS & SUPPLIES PW PARK MAINT SUPPLIES 31.90 352920 Invoice 11/14/2024 SC MAINT SUPPLIES 0.00 56.75
100-5615-6002 PARTS SUPPLIES SC MAINT SUPPLIES 56.75
352989 Invoice 11/14/2024 WATER MAINT SUPPLIES 0.00 421.60 400-5600-6002 PARTS & SUPPLIES WATER MAINT SUPPLIES 421.60 353665 Invoice 11/14/2024 PA REPAIRS 0.00 45.78
269-6303-6531 REPAIRS & MAINTENANC PA REPAIRS 45.78
353673 Invoice 11/14/2024 PA REPAIRS 0.00 64.42
269-6303-6531 REPAIRS & MAINTENANC PA REPAIRS 64.42
353686 Invoice 11/14/2024 PW STREET MAINT SUPPLIES 0.00 14.19 200-5600-6002 PARTS & SUPPLIES PW STREET MAINT SUPPLIES 14.19 354448 Invoice 11/14/2024 SC MAINT SUPPLIES 0.00 98.48
100-5615-6002 PARTS SUPPLIES SC MAINT SUPPLIES 98.48
354536 Invoice 11/14/2024 PW FINANCE CHARGE 0.00 32.10
400-5600-6520 PROFESSIONAL SERVICES/ PW FINANCE CHARGE 32.10 K52651 Invoice 11/14/2024 PW LANDSCAPE MAINT SUPPLIES 0.00 16.35 213-5600-6002 PARTS SUPPLIES PW LANDSCAPE MAINT SUPPLIE 16.35 K52753 Invoice 11/14/2024 PW LANDSCAPE MAINT SUPPLIES 0.00 29.48 213-5600-6002 PARTS SUPPLIES PW LANDSCAPE MAINT SUPPLIE 29.48 K52794 Invoice 11/14/2024 PW STREET MAINT SUPPLIES 0.00 76.01 200-5600-6002 PARTS & SUPPLIES PW STREET MAINT SUPPLIES 76.01 K53153 Invoice 11/14/2024 PW STREET MAINT SUPPLIES 0.00 134.60 200-5600-6002 PARTS & SUPPLIES PW STREET MAINT SUPPLIES 134.60 K53241 Invoice 11/14/2024 PW LANDSCAPE MAINT SUPPLIES 0.00 49.14 213-5600-6002 PARTS SUPPLIES PW LANDSCAPE MAINT SUPPLIE 49.14 K53569 Invoice 11/14/2024 PW MAINT SUPPLIES 0.00 60.04
400-5600-6002 PARTS & SUPPLIES PW MAINT SUPPLIES 60.04
11/14/2024 3:36:09 PM Page 6 of 11
Check Report
Vendor Number Vendor Name Date Range: 11/05/2024 - 11/14/2024 Payment Date Payment Type Discount Amount Payment Amount Number K53948 Invoice 11/14/2024
PW STREET MAINT SUPPLIES 0.00
200-5600-6002 PARTS & SUPPLIES 63.89
PW STREET MAINT SUPPLIES 63.89
K54429 Invoice 11/14/2024 SC MAINT SUPPLIES
100-5615-6002 PARTS SUPPLIES 0.00 199.14
SC MAINT SUPPLIES 199.14
K54430 Invoice 11/14/2024 SC MAINT SUPPLIES
100-5615-6002 0.00 1.03
PARTS SUPPLIES SC MAINT SUPPLIES 1.03
**Void** 11/14/2024 Regular
STAIU STAR 1 MINI MART 0.00 0.0063908
11/14/2024 Regular
Payable# Payable Type Post Date 0.00 1,908.02 63909
Payable Description Discount Amount Payable Amount
Account Number Account Name Item Description
PW 9-24 Invoice 11/14/2024 Distribution Amount
PW VEHICLE FUEL 9/24 0.00
400-5600-6011 FUEL 1,908.02
PW VEHICLE FUEL 9/24 1,143.40
401-5600-6011 FUEL PW VEHICLE FUEL 9/24
764.62
STAO4 STATE FOODS SUPERMARKET
11/14/2024 Regular
Payable# Payable Type 0.00 1,077.85 63910
Post Date Payable Description
Account Number Account Name Discount Amount Payable Amount 10/22/24-74 Invoice Item Description Distribution Amount 11/14/2024 PA MEAL SUPPLIES
269-6303-6504 0.00 364.15
FOOD SERVICES PA MEAL SUPPLIES
10/23/24-74 Invoice 364.15
11/14/2024 PA MEAL SUPPLIES 0.00
269-6303-6504 FOOD SERVICES 177.13
PA MEAL SUPPLIES 177.13
10/23/24-92 Invoice 11/14/2024 PA MEAL SUPPLIES
269-6303-6504 0.00 50.05
FOOD SERVICES PA MEAL SUPPLIES 50.05
10/24/24-14 Invoice 11/14/2024 SC MEAL SUPPLIES
100-5615-6504 0.00 341.91
FOOD SERVICES SC MEAL SUPPLIES 341.91
10/24/24-69 Invoice 11/14/2024
PA MEAL SUPPLIES 0.00 119.46
269-6303-6504 FOOD SERVICES
PA MEAL SUPPLIES 119.46
10/25/24-110 Invoice 11/14/2024 PA MEAL SUPPLIES
269-6303-6504 0.00 25.15
FOOD SERVICES PA MEAL SUPPLIES
25.15 SURO3 SURVEILLANCE INTEGRATION
11/14/2024 Regular
Payable# Payable Type 0.00 662.25 63911
Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description
8533 Invoice 11/14/2024 PD NEW CAMERA SYS SVCS Distribution Amount 102-5400-6520 0.00 662.25
PROFESSIONAL SERVICES/ PD NEW CAMERA SYS SVCS 662.25
THO00 THOMSON REUTERS - WEST
11/14/2024 Regular 0.00
Payable # Payable Type Post Date Payable Description 686.48 63912 Account Number Discount Amount Payable Amount
850984385 Account Name Item Description Distribution Amount Invoice 11/14/2024 PD SUBSCRIPTION 10/24
100-5400-6520 0.00 686.48
PROFESSIONAL SERVICES/ PD SUBSCRIPTION 10/24 686.48
TOW02 TOWNSEND PUBLIC AFFAIRS, INC.
Payable # 11/14/2024 Regular 0.00
Payable Type Post Date Payable Description 2,000.00 63913 Account Number Discount Amount Payable Amount
22492 Account Name Item Description Distribution Amount Invoice 11/14/2024 CONSULT SVCS 11/24
100-5200-6520 0.00 2,000.00
PROFESSIONAL SERVICES/ CONSULT SVCS 11/24 2,000.00
UNI19 UNITED RENTALS (NORTH AMERICA), INC.
Payable# 11/14/2024 Regular 0.00
Payable Type Post Date Payable Description 3,419.20 63914 Account Number Discount Amount Payable Amount
Account Name Item Description Distribution Amount
239743173-001 Invoice 11/14/2024 PW BOOM TRUCK RENTAL 10/24 200-5600-6520 0.00 3,419.20
PROFESSIONAL SERVICES/ PW BOOM TRUCK RENTAL 10/2 3,419.20 UNI05 UNITY IT 11/14/2024
Regular 0.00 1,014.99 63915
11/14/2024 3:36:09 PM
Check Report Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 367237 Invoice 11/14/2024 PD IT SVCS 10/24 0.00 1,014.99 100-5400-6520 PROFESSIONAL SERVICES/ PD IT SVCS 10/24 1,014.99 WIL06 WILLDAN ENGINEERING 11/14/2024 Regular 0.00 4,695.00 63916 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 00339790 Invoice 11/14/2024 PLAN CHECKS & BLDG INSP 0.00 4,695.00 100-5700-6520 PROFESSIONAL SERVICES/ PLAN CHECKS 3,840.00 100-5700-6520 PROFESSIONAL SERVICES/ BUILDING INSPECTIONS 855.00 ADPOO ADP, INC. 11/05/2024 Bank Draft 0.00 2,359.85 DFT0000789 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 674192551 Invoice 11/06/2024 T&A PAYROLL SVCS 10/2024 0.00 2,359.85 100-5100-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 242.93 100-5200-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 104.11 100-5300-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 69.41 100-5400-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 520.56 100-5410-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 1/24 34.70 100-5420-6520 PROFESSIONAL SERVICES T&A PAYROLL SVCS 69.41 100-5610-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 138.81 100-5615-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 34.70 100-5617-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 34.70 100-5620-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 69.41 100-5700-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 69.41 102-5400-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 69.41 160-5400-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 34.70 203-5610-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 34.70 206-5600-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 34.70 213-5600-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 34.70 269-6303-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 381.76 400-5300-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 104.11 400-5600-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 138.81 401-5300-6520 PROFESSIONAL SERVICES/ T&A PAYROLL SVCS 104.11 401-5600-6520 PROFESSIONAL SERVICES T&A PAYROLL SVCS 34.70 PERO1 CALPERS 11/07/2024 Bank Draft 0.00 417.08 DFT0000790 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 10000001772343 Invoice 11/07/2024 UA 27173 Misc Liability 11/24 0.00 417.08 100-5200-5010 PERS-PENSION MISC UA LABILTY 24.65
100-5400-5010 PERS-PENSION 36.98
100-5610-5010 PERS-PENSION MISC UA LIABILITY 15.67
203-5610-5010 PERS-PENSION MISC A LIABILITY 15.66
206-5600-5010 PERS-PENSION MISC UA LIABILITY 60.78
213-5600-5010 PERS-PENSION MISC UA LIABILITY 65.44
269-6303-5010 PERS-PENSION MISC A LIABILITY 57.97
400-5200-5010 PERS PENSION MISC UA LIABILITY 17.61
400-5300-5010 PERS PENSION MISC UA LIABILITY 12.75
400-5600-5010 PERS PENSION MISC UA LIABILITY 26.64
401-5200-5010 PERS PENSION MISC A LIABILITY 28.17
401-5300-5010 PERS PENSION MISC UA LIABILITY 14.03
401-5600-5010 PERS PENSION MISC UA LIABILITY 4.70
602-8100-5010 PERS-PENSION MISC UA LIABILITY 36.03
PERO1 CALPERS 11/07/2024 Bank Draft 0.00 528.17 DFT0000791 11/14/2024 3:36:09 PM Page 8 of 11
Check Report Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable# Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 10000001772350 Invoice 11/07/2024 VA 25697 Safety Liability 11/24 0.00 528.17 100-5400-5010 PERS-PENSION UA Safety Liability 396.13
102-5400-5010 PERS-PENSION UA Safety Liability 33.01
160-5400-5010 UA Safety Liability 33.01
295-5400-5010 UA Safety Liability 66.02
PERO1 CALPERS 11/07/2024 Bank Draft 0.00 29,337.04 DFT0000792 Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 10/19/24-11/1/2 Invoice 11/07/2024 CALPERS CONTRIBUTIONS 0.00 29,337.04 100-22104 PERS PAYABLE CALPERS CONTRIBUTIONS 13,480.50
100-5200-5010 PERS-PENSION CALPERS CONTRIBUTIONS 177.81 100-5300-5010 PERS-PENSION CALPERS CONTRIBUTIONS 26.71
100-5400-5010 PERS-PENSION CALPERS CONTRIBUTIONS 6,731.59 100-5420-5010 PERS-PENSION CALPERS CONTRIBUTIONS 315.19 100-5610-5010 PERS-PENSION CALPERS CONTRIBUTIONS 170.62 100-5615-5010 PERS-PENSION CALPERS CONTRIBUTIONS 69.64
100-5617-5010 PERS-PENSION CALPERS CONTRIBUTIONS 212.49 100-5620-5010 PERS-PENSION CALPERS CONTRIBUTIONS 212.49 100-5700-5010 PERS-PENSION CALPERS CONTRIBUTIONS 246.18 102-5400-5010 PERS-PENSION CALPERS CONTRIBUTIONS 1,148.77 160-5400-5010 PERS-PENSION CALPERS CONTRIBUTIONS 297.87 172-5621-5010 PERS-PENSION CALPERS CONTRIBUTIONS 83.25
203-5610-5010 PERS-PENSION CALPERS CONTRIBUTIONS 86.62
206-5600-5010 PERS-PENSION CALPERS CONTRIBUTIONS 147.50 213-5600-5010 PERS-PENSION CALPERS CONTRIBUTIONS 149.75 269-6303-5010 PERS-PENSION CALPERS CONTRIBUTIONS 1,750.79 295-5400-5010 PERS PENSION CALPERS CONTRIBUTIONS 465.25 315-5621-5010 PERS-PENSION CALPERS CONTRIBUTIONS 102.73 400-5200-5010 PERS PENSION CALPERS CONTRIBUTIONS 191.35 400-5300-5010 PERS PENSION CALPERS CONTRIBUTIONS 398.39 400-5600-5010 PERS PENSION CALPERS CONTRIBUTIONS 1,078.96 401-5200-5010 PERS PENSION CALPERS CONTRIBUTIONS 220.01 401-5300-5010 PERS PENSION CALPERS CONTRIBUTIONS 590.90 401-5600-5010 PERS PENSION CALPERS CONTRIBUTIONS 487.79 402-5200-5010 PERS-PENSION CALPERS CONTRIBUTIONS 58.75
402-5300-5010 PERS PENSION CALPERS CONTRIBUTIONS 352.32 602-8100-5010 PERS-PENSION CALPERS CONTRIBUTIONS 82.82
ALT01 ALTA MONTCLAIR/EBSA 11/08/2024 Bank Draft 0.00 1,425.00 DFT0000793 11/14/2024 3:36:09 PM Page 9 of 11
Check Report Date Range: 11/05/2024 - 11/14/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Account Number Account Name Item Description Distribution Amount 11/7/2024 Invoice 11/08/2024 (457) 10/19/24-11/1/24 0.00 1,425.00 100-22210 457 DEFERRED COMPENS (457) 10/19/24-11/1/24 1,225.00 100-22214 457-2 ROTH (457) 10/19/24-11/1/24 200.00
Bank Code APBNK Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 46 0.00 114,758.31
Manual Checks 0.00 0.00
Voided Checks 1 0.00 0.00
Bank Drafts 5 0.00 34,067.14
EFT's 0.00 0.00
94 52 0.00 148,825.45
11/14/2024 3:36:09 PM
Check Report Date Range: 11/05/2024 - 11/14/2024
All Bank Codes Check Summary
Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 89 46 0.00 114,758.31
Manual Checks 0 0.00 0.00
Voided Checks 1 0.00 0.00
Bank Drafts 5 5 0.00 34,067.14
EFT'S 0.00
0.00 94 52 0.00 148,825.45
Fund Summary
Fund Name Period Amount
999 POOL FUND 11/2024 148,825.45
148,825.45
11/14/2024 3:36:09 PM
BMO
COMMERCIAL CARD Statement Date Oct 28, 2024
Account Number xXXXXXXX XXX
Account Name Previous Balance $5,282.73
CITY OF PARLIER Purchases
+3,497.76
Cash Advances +0.00
Fees +41.02
Rewards Summary as of 10/28/24 Adjustments +0.00
Previous Balance 881,893 Payments -0.00
Earned 3,496 Closing Balance $8,821.51
Redeemed Balance Due $8,821.51
Other Adjustments Payment Due Date Nov 18, 2024
Current Balance : 885,389
CONTACT TOLL FREE CALLS UTSIDE US & CANAD
US & CANADA ALL COLLEC
General Inquiries 1-855-825-9234 262-780-8662
Lost/Stolen Cards 1-844-227-0528 262-780-8662
Important Messages
Your account is one payment past due. Please make payment arrangements. ayments made to Individual cards will refresh both the Corporate limit and the Individual card limit by the amount paid. Payments made to the Billing ccount will refresh the Corporate limit but will not refresh the Individual card limit until next statement cycle
PERIOD COVERED BY THIS STATEMENT
Sep 29, 2024 - Oct 28, 2024
TRANS PASTING DESCRIPTION
DATE
AMOUNT (S)
CITY OF PARLIER ACCOUNT NUMBER XXXX XXXX XXX>
Oct 28 Oct 28 LATE PAYMENT FEE 41.02
TOTAL CREDITS $ 0.00
TOTAL DEBITS $41.02
TOTAL ACTIVITY $41.02
BMO
Account Number
Balance Due $8,821.51
P.O. BOX 5700 Payment Due Date Nov 18, 2024
CAROL STREAM IL 60197-5700
Amount you're paying:
P.O. BOX 5732
CITY OF PARLIER CAROL STREAM IL 60197-5732
1100 E PARLIER AVE 000P
PARLIER CA 93648-2433
5569320000405419 0000000882151 0000000882151
Aocount Number XXXXXXXXXXXX Statement Date: Oct 28, 2024 Account Name CITY OF PARLIER
TRANS POSTING DESCRIPTION
DATE DATE AMOUNT (S)
AUGUSTINE, BERTHA ACCOUNT NUMBER XXXXXXXXXX:
Sep 27 Sep 30 ADOBE "ADOBE 4085366000 CA 19.99
Sop 30 Oct 1 IC* INSTACART 8882467822 CA 144.33
Oct 1 Oct 2 LEAGUE OF CALIFORNIA C SACRAMENTO CA 575.00 CR Oct 2 Oct 3 BOOKING.COM 14703632501 NY 1,819.64 CR
Oct 3 Oct 4 IC* INSTACART 8882467822 CA 57.17
Oot 3 Oot 4 STATE FOODS PARLIER PARLIER CA 28.22
Oot 3 Oot 4 SQ *PORT OF SUBS 154 Reedley CA 46.35
Oot 3 Oct 7 FAMILY DOLLAR PARLER CA 9.95
Oct 7 Oct 8 IC* INSTACART 8882467822 CA 76.14
Oct 8 Oot 9 Amazon Prime*LT7QN1883 Amzn.com/billWA 16.34 Oct 11 Oot 14 IC* INSTACART 8882467822 CA 71.63
Oot 21 Oct 22 IC* INSTACART 8882467822 CA 45.01
Oct 21 Oct 22 IC* INSTACART 8882467822 CA 68.58
Oot 21 Oot 22 STATE FOODS PARLIER PARLER CA 16.48
Out 24 Oct 25 LITTLE CAESARS 1650 GO PARLIER CA 32.65
Oct 26 Oct 28 B&H PHOTO 800-606-6969 NEW YORK NY 532.89 Oct 27 Oct 28 ADOBE "ADOBE 4085366000 CA 19.99
TOTAL CREDITS $-2,394.64
TOTAL DEBITS $ 1,185.72
TOTAL ACTIVITY $-1,208.92
CERDA, DAVID ACCOUNT NUMBER XXXX XXXX XX
Oot 8 Oot 9 AMAZON MKTPL*YZ3024Z43 Amzn.com/billWA 27.23 Oct 13 Oct 14 AMAZON MKTPL* BLU16MC3 Amzn.com/billWA 44.90 Oct 13 Oct 14 AMAZON MKTPL*BBADV7WZ3 Amzn.com/billWA 36.86 Oct 21 Oct 22 AMAZON MKTPL*229W81Y43 Amzn.com/billWA 9.85 Oct 22 Oct 23 LC Action Police Suppl San Jose CA 2,514.18 Continued on next page
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Account Number XXXXxxxX xxx: Statement Date: Oct 28, 2024 Account Name CITY OF PARLIER
DESCRIPTION AMOUNT (S)
Oct 25 Oct 28 BEST WESTERN PLUS BAYS OAKLAND CA 209.41
TOTAL CREDITS $ 0.00
TOTAL DEBITS $ 2,842.43
TOTAL ACTIVITY $ 2,842.43
DELBOSQUE, DAVID ACCOUNT NUMBER XXXX XXXX XXXX
Sep 27 Sep 30 B2B Prime*SP8X021V3 Amzn.com/billWA 543.79 Sep 30 Sep 30 APPLE.COM/BILL 866-712-7753 CA 1.99
Oct 2 Oct 4 SAMSCLUB.COM 888-746-7726 AR 58.17
Oct 3 Oct 4 B2B Prime Amzn.com/billWA 543.79 CR
Oct 3 Oct 7 SAMSCLUB.COM 888-746-7726 AR 118.78
Oct 3 Oct 7 WALMART.COM 8009256278 BENTONVILLE AR 15.26 Oct 3 Oct 4 STATE FOODS PARLIER PARLIER CA 31.36
Oct 3 Oct 4 COLIMA CARNICERIA Y TA PARLIER CA 198.88
Oct 4 Oct 7 APPLE.COM/BILL 366-712-7753 CA 2.99
Oct 6 Oct 7 mazon.com VR4E31T03 Amzn.com/billw, 51.20
Oct 6 Oct 7 AMAZON MARK* ZI8OW1GL2 SEATTLE WA 10.34
Oct 9 Oct 10 Amazon.com*EC23G0X73 Amzn.com/billWA 57.59 Oct 9 Oct 10 AMZ*United States FI 866-216-1072 WA 163.85 Oct 11 Oct 14 AMAZON MARK* ES7NQ8J33 SEATTLE WA 310.40
Oct 14 Oct 15 AMZN Mktp US*TC1L85BG3 Amzn.com/billWA 111.04 Oct 14 Oct 15 AMAZON MARK* QP9EI36R3 SEATTLE WA 75.18
Oct 14 Oct 15 AMAZON MKTPL*PJ6CV7MN3 Amzn.com/billWA 67.55 Oct 17 Oct 18 APPLE.COM/BILL 866-712-7753 CA 11.99
Oct 17 Oct 17 AMAZON MARK* 103EZ6L03 SEATTLE WA 37.11
Oct 21 Oct 22 ADOBE *ADOBE 4085366000 CA 19.99
Oct 23 Oct 25 SAMSCLUB.COM 888-746-7726 AR 72.93
Oct 24 Oct 25 WALMART.COM 8009256278 BENTONVILLE AR 447.65 TOTAL CREDITS $-543.79
TOTAL DEBITS $ 2,408.04
TOTAL ACTIVITY $ 1,864.25
Report any items which do not agree with your records within 30 days of the statement date.
Account Statement
Commercel Account
Customer Service: CITY OF PARLIER
atra'.
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Summary of Account Activity Payment Information
Previous Balance $1,369.93 Current Due $160.00
Payments -$640.79 Past Due Amount $0.00
Credits -$162,50 Minimum Payment Due
= $160.00
Purchases +$1,325.95
Debits +$0.00 Payment Due Date 12/07/24
FINANCE CHARGES +$25.08 Amount to pay to avold incurring finance charges $1,917.62 Late Fees +$0.00
New Balance $1,917.62 Credit Limit $50,000
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TRANSACTIONS
Trang Date Location/Description
Reforence # Amount
CARD ENDING 4233 FERNANDEZ MITCHELL
10/23 HOME DEPOT.COM 1-800-430-3376 WM8565940533666 $ 328.26 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Pago 1 of 4 8CL8 This Account le lagued by Chibank, N.A. *Please detach and return lower portion with your peyment to ensure proper credit. Retain upper portion for your records. + Your Account Number Is Xxxxxxxx xxxx 3141
Payment Due Date December 7, 2024
O. Box 70041 New Balance $1,017.62
t. Lous, MO 631
Past Due Amount $0.00
Minimum Payment Due $160.00
Statement Enclosed
Amount Enclosed s
Please see reverse side to change your address
Make Checks Payable to -
HOME DEPOT CREDIT SERVICES
DEPT. XX - xxxxxx3141
CITY OF PARLIER PO BOX 9001030
SANDRA RODRIGUEZ LOUISVILLE, KY 40290-1030
1100 E PARLIER AVE
PARLIER, CA 93648-2438
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make a payment. For security reasons, you may not be able to pay Home Depot Credit Services, P.O. Box 790345, St. Louis, MO 63179 your entire New Balance the first time you make a payment online.
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THD CRC EN JAN22
/A/-CL- 9198-1400-0004 - 1B/-N- NOPLAY - 898 - 1G/- -0--69-/D/-P-B-O-N-E•0. - N- - 0-/F/- 08/08/04 - 243 - Octobor 11, 2024 /G/-0- TARB-//--0.1/ - 21018
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TRANSACTIONS (cont.)
Trans Date Looation/Description Reference if
Amount
11/01 THE HOME DEPOT SELMA CA 1132946 $ 162,60
11/01 THE HOME DEPOT SELMA CA WJ69349521902810 162.60
11/01 THE HOME DEPOT SELMA CA CREDIT WJ68349521902814 182,60- 11/05 HOME DEPOT.COM 1-800-430-8378 WG74348547426702
115,79
11/05 THE HOME DEPOT SELMA CA WJ68613807903090
161.63
11/07 HOME DEPOT.COM 1-800-430-3376 WJ68813803121913 400.27 TOTAL CARD ENDING 4233 1,163.45
PAYMENTS, CREDITS, FEES AND ADJUSTMENTS
10/22 PAYMENT - THANK YOU P919400MS09A0VA1J 840.79-
11/11 FINANCE CHARGE 25.08
FINANCE CHARGE SUMMARY Your Annual Percantage Rate (APR) is the annual interest rate on your account. rcentage, Perlodic se " Balance Subjeotto.,
Finance Charge nance Change y
PURCHASES
REGULAR REVOLVING CREDIT PLAN 21.99% 0.06024% $1,340.64 $25,03
PURCHASE HISTORY
Yearto Date $10,738.68
Life to Date $432,597.00
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Panad nfA a Ann nor
E2322
Marriott Bonvoy Business® MARRIOTT p. 1/5
AMERICAN CITY OF PARLIER BONVOY
EXPRESS BERTHA AUGUSTINE
Customer Care: 1-800-926-0143
Closing Date 11/03/24 Next Closing Date 12/03/24 TTY: Use Relay 711 Account Ending 0-41008 Website: americanexpress.com
New Balance Marriott Bonvoy Points
$1,460.77 Earned This Period
Minimum Payment Due $35.00 8,324
For more details about Rewards, please
visit americanexpress.com/rewardsinfo
Payment Due Date 11/28/24
Account Summary
Previous Balance $0.00
Late Payment Warning: If we do not receive your Minimum Payment Due by Payments/Credits -$0.00 the Payment Due Date of 11/28/24, you may have to pay a late fee of up to New Charges +$1,460.77 So cer A ma be nest the Penalty APR of 20 900% Fees
+$0.00
Interest Charged +$0.00
See page 2 for important information about your account.
Please refer to the IMPORTANT NOTICES section.
New Balance $1,460.77
Minimum Payment Due $35.00
American Express® High Yield Savings Account
No monthly fees. No minimum opening deposit. 24/7 customer support. Credit Limit $5,000.00 004997 1/3 Help meet your savings goals with an American Express High Yield Available Credit $3,539.23 Savings Account. Terms apply, Member FDIC. Learn more by visiting Cash Advance Limit $1,000.00 americanexpress.com/save Available Cash $1,000.00
Days in Billing Period: 31
¡AUS
NOV D: 2024
Please fold on the perforation below, detach and return with your payment + - Day sta lear use paper clips any express.com/ ay by Phon Account Endin 800-472-920
= business
SP 01 004997 90343 H 26 ANGLP
BERTHA AUGUSTINE Payment Due Date
R03WBVR1 30824 CITY OF PARLIER
CITY OF PARLIER 11/28/24
1100 E PARLR AV PARL
PARLIER CA 93648 Nev Bab.ss
Minimum Paymg35.00
000004729
See reverse side for instructions AMERICAN EXPRESS
(000( phone to beater emadress, PO BOX 60189 Amount Enclosed CITY OF INDUSTRY CA 91716-0189
0000349992995554795 000146077000003500 02
ESSSA
Marriott Bonvoy Business MARRIOTT p. 3/5
AMERICAN CITY OF PARLIER BONVOY
EXPRESS BERTHA AUGUSTINE
Closing Date 11/03/24 Account Ending
Customer Care & Billing Inquiries 1-800-926-0143
International Collect 1-336-393-1111 Website: americanexpress.com Cash Advance at ATMs Inquiries 1-800-CASH-NOW
Large Print & Braille Statements 1-800-926-0143 Customer Care Payments & Billing Inquiries PO BOX 60189
Marriott Bonvoy Customer Service Center 1-800-228-2100 P.O. BOX 981535 CITY OF INDUSTRY https://help.marriott.com/s/ EL PASO, TX CA
79998-1535 91716-0189
Hearing Impaired
Online chat at americanexpress.com or use Relay dial 711 and 1-800-926-0143 New Charges
Summary
Total
Total New Charges $1,460.77
Detail
004997 2/3
BERTHA AUGUSTINE
Card Endin
Amount
10/19/24 Courtyard By Marriott Long Bea 1618328 Long Beach CA $111.00 Arrival Date Departure Date
10/15/24 10/18/24
00000000
LODGING
10/19/24 Courtyard By Marriott Long Bea 1618328 Long Beach CA $1,240.12 Arrival Date Departure Date
10/16/24 10/18/24
00000000
LODGING
10/30/24 STATE FOODS PARLIER PARLIER CA $52.48
559-646-2738
10/30/24 JULIANAS GENERAL STORE 084870022147420 PARLIER CA $57.17 5592547923
Fees
Amount
Total Fees for this Period $0.00
Interest Charged
Amount
Total Interest Charged for this Period $0.00
About Trailing Interest
lou may see interest on vour next statement even if vou pay the new balance in full and on time and make no new charges. This is callec trailing interest. Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that appens, we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your balance in full and on time each month. Please see the "When we charge interest" sub-section in vour Cardmember Agreement for details.
Continued on reverse
CITY OF PARLIER
AMERICAN BERTHA AUGUSTINE p. 5/5
Closing Date 11/03/24 Account Ending
EXPRESS
IMPORTANT NOTICES
EFT Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers Telephone us at 1-800-IPAY-AXP for Pay By Phone questions, at 1-800-528-2122 for Pay By Computer questions, and at 1-800-528-4800 for AutoPay and at 1-800-CASH NOW for Express Cash questions. You may also write us at American Express, Electronic Funds Services, P.O. Box 981531, El Paso TX 79998-1531, or contact us online at www.americanexpress.com/ inquirycenter as soon as you can, if you think your statement or receipt is wrong or if you need more information FIRST statement on which the error or problem appeared. about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the Tell us your name and account number (if any).
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. 004997 3/3
End oflmportant Notices.
# 2
OF PART MINUTES
CITY COUNCIL OF PARLIER
SPECIAL MEETING
THURSDAY, NOVEMBER 7, 2024
This meeting of the City of Parlier City Council is live streamed and may be accessed at https://www.youtube.com/channel/UCJs3y/cM9NWQGLdwpBCmoAQ CALL TO ORDER/WELCOME:
The Special Meeting of the City Council of Parlier was held at the Parlier Police Department located on 8770 S. Mendocino Avenue, in Parlier, California 93648. Mayor Alma Beltran called the meeting to order at 6:00 P.M.
ROLL CALL:
Council present: Mayor Alma M. Beltran, Mayor Pro temp Sabrina Rodriguez, Council member Juanita "Janie" Molina, Council member Diego Garza, Council member Cathryn "Kathy" Solorio, City Clerk Dorothy Garza and Treasurer Michelle Lopez.
Staff Present: Interim City Attorney Meggin Borigian, Police Chief/Acting City Manager David Cerda, City Engineer Javier Andrade, City Planner Jeff O'Neal and Assistant City Manager/Deputy City Clerk Bertha Augustine.
FLAG SALUTE: Mayor Alma M. Beltran
INVOCATION:
ADDITIONS/DELETIONS:
PRESENTATIONS/INFORMATIONAL:
Danielle Dixon-Ogelsby and Marcia Dansby with Fresno County Economic Development Corporation CVTC Program
Marcia Dany from Fresno County Economic Development Corporation introduced her colleague Danielle Dixon -Ogelsby who serves as the Workforce training coordinator. Danielle will be presenting to you on the Central Valley Training Center CDC and the impactful work being done to enhance workforce Development in our community. It began in 2020 to address the need for skilled workers. to build the highspeed rail. The purpose is to address the need for skilled workers to build the highspeed rail. The purpose is so that Workforce Development Center that will provide pre-apprentice classes and Hands- On construction industry training for Central Valley residents. First component is training to introduce participants to over 10 different trades such as brick layers, carpenters, and cement masons just to name a few. Upon completion of the program a participant would earn an oo3 hazardous waste work Zone safety traffic control forklift scissor lifts confined space first a CPR RP and a flagging certificate. The second component is soft skills. Thinking for change is an evidence-based cognitive behavioral curriculum it promotes positive thinking. It includes improving decision-making enhancing your social skills, thinking before you act and work ethic. The second part of this is job readiness. We discuss job searching basic computer skills resume building and resume writing as well as interview skills. To date we have 223 graduates and a total of 15 students are from Parlier. Councilmember thanked them for the presentation.
Sandra Rodriguez, Senior Revenue Manager - Grant Status Update.
SWEARING IN CEREMONY: City Clerk to administer the "Oath of Office" to Officers.
Police Chief David Cerda introduced the officers and City Clerk Dorothy Garza gave the oath of Office to officers George Muriega, Daisy Toscano, Jesus Corona and Angela Sandoval. We welcome the new officers to our City and took a 15-minute break for a little reception to celebrate.
PUBLIC COMMENT:
At this time any citizen may address the City Council on matters not appearing on the agenda that are within the jurisdiction of the City of Parlier. Speakers shall limit their comments to three (3) minutes unless extended by the Mayor, Please begin your comments by stating your name and City of residence.
The City Council is prohibited by law from taking collective formal action on matters raised during public that are not on the agenda, but individual council members may respond to anyone providing any public comment. No adverse conclusion should be drawn if the City Council does not respond to any public comment. Responses to public comment by individual city council members may or may not reflect the views of any other, or of a majority of council members. The Council may refer the matter to the City Manager or staff or request that it be placed on a future agenda.
COMMENTS
Chris I am the owner of PP Gym. I am here to tell you that I started with close friends and family then social media started looking at our gym and we attracted more people. The problem is the city code enforcer Mr. Juan Mendez shut me down even after he stated that my facility was with in the zoning. He requested that I go through the business permit application, which I did. As far as the state is concerned everything was legit. I did all the paperwork that was required of me. I get a call saying that I have close the same day due to zoning issues. I met Juan in his office the same day and requested to defend myself.
Mayor Beltran commented that she could not understand why it was not brought to Council. The next thing to do is to meet with the City Manager so that he could bring it to Council and we could figure something out. My apologies that that happened to you. So, we could put it on the agenda for the next meeting to figure out what we could do. Jeff the City planner will look into it.
Jeff the city planner explained a process and will communicate with the owner.
Ben Tamez - He is the President of the taxpayers Association. He wanted to read two letters to the Council. One is addressed to the Chief of Police David Cerda. The letter states that he reopens the investigation into the alleged embezzlement from the Parlier Police Department. It is now your duty to complete this investigation.
Interim City Attorney Meggin thanked Mr. Tamez for the two letters and she will respond back to him with the assistance of the city clerk and then as to the letter addressed to the Mayor we will take a look at this and respond back to you as well so tonight is for your public comment only thank you very much and there's nothing more to say in regards to this thank you on your part and the part of the city. The Council thanks you.
*Note: The Council took a 5-minute break. (7:20 P.M. - 7:25 P.M.) Continued with Public Comments.
Humberto Gomez Sr - My concern is that I hope that you don't use the money we have for other things to pay the law suit.
Mayor Beltran - As you know that the City is appealing the lawsuit and it looks favorable.
CONSENT CALENDAR:
All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of items appearing on the Consent Calendar unless requested to be removed for separate discussion and acted on by separate vote.
The City Council:
1. Approved the Check Report dated October 1, 2024 through November 04, 2024.
2. Tabled the Minutes for the Regular meeting of October 3, 2024.
3. Approved and waive all fees for Parlier Rotary and partners to hold a Truckin for Toys on Saturday, December 7, 2024 from 9:00 am to 5:00 p.m. at Earl Ruth Park. Also requesting the use of electricity and street closures.
4. Approved and waive all fees for PAC Auto Center and Sponsors to use the Parlier Community Center to hold a community Thanksgiving Dinner on Tuesday, November 26, 2024 from 4:00 pm to 9:00 pm.
Approved and waive all fees for the Parlier Rotary and partners to hold its annual Christmas Tree Lighting & Parade on Monday, December 2, 2024 from 4:00 pm to 9:00 pm. Also requesting street closures, assistance setting up parking signs, barricades, and Police assistance.
6. Approved and waive all fees for the Alcohlicos Anonymous of Parlier to use the Parlier Community Center for their Annual Anniversary Event on January 18, 2025 from 8:00 am to 11:00 pm.
7. Approved the Parlier Annual Christmas Dinner & Toy Giveaway Event to use the Parlier Community Center on Saturday, December 14, 2024 from 5:00 pm to 8:00 pm.
8. Adopted Resolution No 2024-67 designating and authorizing the Acting City Manager to apply on behalf of the City of Parlier for the Regional Competitive ATP Grant program.
9. Adopted Resolution No. 2024-68, Designating the Authorized Agent for Obtaining Federal Financial Assistance through the California Governor's Office of Emergency Services
10. Adopted Resolution No. 2024-69, authorizing the approval of the Change Orders to the Construction Contract with Clark Bros. Inc., for the Construction of the TCP Removal Treatment Systems
11. Adopted Resolution No. 2024-70, approving a SPR for the East Avenue Apartments Project (project).
*Note: Items 1 & 2 of the Consent Calendar were pulled for questions and discussion M/S/C: Motion to approve item #s 3,4,5,6,7,8,9,10,11 of the Consent Calendar by Garza, 2nd by Mayor Pro-Temp S. Rodriguez, Vote: 5 yes -0 Noes and carried.
M/S/C: Motion to approve item #1 of the Consent Calendar by Garza, 2nd by Mayor Pro-Temp S.
Rodriguez, Vote: 5 yes - 0 Noes and carried.
M/S/C: Motion to table item #2 for next meeting by Garza, 2nd Mayor Pro-Temp S. Rodriguez, Vote: 5 yes - 0 Noes and carried.
REGULAR BUSINESS:
*Note: This item #12 will be brought back for the next meeting.
12. SUBJECT: Building inspection report information only. Presentation by Jeff O'Neal City Planner.
RECOMMENDATION: Council consider information and provide further direction as it relates to city owned buildings 580 Tulare Street and 741 E. Tulare Street.
The City Council gave Consensus to bring back this item for an update for the next Council Meeting.
13. SUBJECT: Consideration and Necessary Action on Authorization for City Manager or his designee to Execute Documents for California Governor's Office of Emergency Services Federal Financial Assistance. Presented by Sandra Rodriguez, Senior Revenue Manager.
The City Council Approved Resolution No. 2024-71, Authorizing the City Manager, Acting City Manager, or designee to execute documents with the California Governor's Office of Emergency Services for Federal Financial Assistance.
M/S/C: Motion to approve Resolution 2024-71 by Garza, 2nd by Solorio, Vote: 5 yes - 0 Noes and carried.
14. SUBJECT: Consideration and Necessary Action on Authorizing the submittal of an Application for USDA Community Facilities Grant. Presented by Sandra Rodriguez, Senior Revenue Manager.
The City Council Approved Resolution No. 2024-72, Authorizing the submission of an application for the USDA Community Facilities Grant to secure funding for these essential improvements.
M/S/C: Motion to approve Resolution 2024-72 by Mayor Pro-Temp S. Rodriguez, Vote: 5 yes - 0 Noes and carried.
15. SUBJECT: Consideration and Necessary Action on Approval of Operating and Capital Budget for FY 2024-2025. Presented by Sandra Rodriguez, Senior Revenue Manager.
The City Council adopted the Resolution No. 2024-73 approving the operating and capital budget for fiscal year 2024-2025.
M/S/C: Motion to approve Resolution 2024-73 by Garza, 2nd by Mayor Pro-Temp S. Rodriguez, Vote: 5 yes - 0 Noes and carried.
16. SUBJECT: Consideration and Necessary Action on Approval of Guidelines for the CalHome FTHB and ADU/JADU Program. Presentation by Jeff O'Neal, City Planner.
The City Council adopted Resolution No. 2024-74, approving the Guidelines for the California Department of Housing and Community Development CalHome Based on need and Income $10,000. Minimum $75,000. Maximum down payment for First- Time Homebuyers Loan Program and Accessory Dwelling Unit/Junior Accessory Dwelling Unit Loan Program.
M/S/C: Motion to approve the Amended Resolution 2024-74 by Garza, 2nd by Mayor Pro-Temp S.
Rodríguez. Vote: 5 yes - 0 Noes and carried.
17. SUBJECT: Consideration and Necessary Action on Review of Water Rates. Presented David Cerda, Acting City Manager.
RECOMMENDATION: Staff recommends the City Council continue the previously approved annual increases of water rates pursuant to Resolution 2021-52 approved September 2, 2021.
Consensus to have the City Manager look into solar.
M/S/C: Motion to have a study done based on Engineers report by Garza, 2nd by Solorio, Vote: 5 yes - 0 Noes and carried.
SUBJECT: Consideration and Necessary Action on Amending the contract between Community Justice Center and City of Parlier. Presented by David Cerda, Acting City Manager.
The City Council adopted Resolution No. 2024-75, Authorizing Amending Agreement between Community Justice Center (Sheri Wiedenhoefer) and City of Parlier for Youth Counseling/Crisis Services.
M/S/C: Motion to adopt Resolution 2024-75 by Garza, 2°d by Mayor Pro-Temp S. Rodriguez, Vote: 5 yes - 0 Noes and carried.
BRIEF COMMENTS: COUNCIL COMMUNICATIONS/COMMENTS:
CITY MANAGER:
CITY COUNCIL:
CITY ATTORNEY:
PUBLIC COMMENT ON CLOSED SESSION
THIS PORTION OF THE MEETING IS RESERVED FOR PERSONS DESIRING TO ADDRESS THE COUNCIL ON AN ITEM WHICH IS TO BE CONSIDERED DURING CLOSED SESSION. SPEAKERS SHALL LIMIT THEIR COMMENTS TO THREE (3) MINUTES.
CLOSED SESSION:
19. Conference with Legal Counsel - Anticipated Litigation Two Cases
(Government Code Section 54956.9)
20. Conference with Legal Counsel - Existing Litigation Garza v. City of Parlier
(Government Code Section 549569)
21. Torres v. City of Parlier
(Government Code Section 54956.9)
CLOSED SESSION ANNOUNCEMENT
There was no reportable Report
ADJOURNMENT
Mayor Alma Beltran adjourned the Special meeting of Thursday November 7, 2024 at 10:05 P.M.
Dorothy Garza - City Clerk
Resolutions adopted - 67,68,69,70,71,72,73,74 & 75 2024.
Ordinances approved - None
ADA NOTICE
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 646-3545 ext. 227. Notification 48 hours prior to the meeting will enable the city to ensure accessibility to this meeting.
DOCUMENTS
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall located at 1100 East Parlier Avenue, Parlier, CA during normal business hours. In addition, most documents are posted on the city's website at www.parlier.ca.us.
OF
PARLIER MINUTES
CITY COUNCIL OF PARLIER
REGULAR MEETING
THURSDAY, OCTOBER 3, 2024
This meeting of the City of Parlier City Council is live streamed and may be accessed at https://www.youtube.com/channel/UCJs3ylcM9NWQGLdwpBCmoAQ CALL TO ORDER/WELCOME:
The City Council Regular Meeting of Thursday October 3, 2024 was held at Parlier City Hall located on 1100 E. Parlier Avenue, Parlier, California 93648. Mayor Alma Beltran called the meeting to order at 6:30 P.M.
ROLL CALL:
Council present: Mayor Alma M. Beltran, Mayor Pro- temp Sabrina Rodriguez, Council member Juanita "Janie" Molina, Council member Diego Garza, Council member Cathryn "Kathy" Solorio, City Clerk Dorothy Garza and Treasurer Michelle Lopez.
Staff present: Acting City attorney Yesenia Z. Carrillo, Acting City Manager/Police Chief David Cerda, City Engineer Javier Andrade, City Planner Jeff O'Neal and Assistant City Manager/Deputy City Clerk Bertha Augustine.
Mayor Beltran announced that the Council will be moving item closed session to the beginning of the meeting. If there are any comments for closed session item please wait to do so right after the attorney presents it.
CLOSED SESSION:
Attorney Yesenia Z. Carrillo announced the Closed Session item. (6:50 P.M. thru 7:20 P.M.)
1. Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9) the city will review the torque claims submitted by Sonia Hall and potential claims related to parcel number 355021-49.
PUBLIC COMMENT ON CLOSED SESSION
THIS PORTION OF THE MEETING IS RESERVED FOR PERSONS DESIRING TO ADDRESS THE COUNCIL ON AN ITEM WHICH IS TO BE CONSIDERED DURING CLOSED SESSION. SPEAKERS SHALL LIMIT THEIR COMMENTS TO THREE (3) MINUTES.
Trinidad Pimentel 305 Fett Street - Asked if this litigation is Sonia Hall correct? You are going to discuss in closed session?
I have a copy of her law suit and it is extensive. I read most of it and the bottom line is that, there is three council members here that should not even be sitting up there. After reading this litigation against the city of Parlier the three people being unfair to this lady is going to fall on the hands of the public. Tax payers are going to have to pay a big amount. They wanted to recall the Mayor of something that we had nothing to do with and here it is mentioning three council members that were involved in extortion letting her know that if she did not do what they wanted her to do that she would be fired. The three council members should be walking out.
Humberto Gomez Sr. he will reserve his comments.
Fernando Banuelos is asking the council to file a law suit for $25 million dollars against Constanza and his firm for not protecting our city. He should have protected our city knowing that the city did not have insurance.
ANNOUNCMENT ON CLOSED SESSION
Attorney Yesenia Z. Carrillo announced a motion by Mayor Pro-Temp S. Rodriguez and a 2nd by Council member Molina was made with the vote of 4 yes - 1 abstention Mayor Beltran to reject the torque claim made by Sonia Hall. No further action was taken.
FLAG SALUTE:
INVOCATION:
ADDITIONS/DELETIONS:
PRESENTATIONS/ INFORMATIONAL:
PUBLIC COMMENT:
At this time any citizen may address the City Council on matters not appearing on the agenda that are within the jurisdiction of the City of Parlier. Speakers shall limit their comments to three (3) minutes unless extended by the Mayor. Please begin your comments by stating your name and City of residence.
The City Council is prohibited by law from taking collective formal action on matters raised during public that are not on the agenda, but individual council members may respond to anyone providing any public comment. No adverse conclusion should be drawn if the City Council does not respond to any public comment. Responses to public comment by individual city council members may or may not reflect the views of any other, or of a majority of council members. The Council may refer the matter to the City Manager or staff or request that it be placed on a future agenda.
Comments
Mr. Spindola - Wanted to know how Mr. Pimentel obtain the paper work of the law suit if it isn't public information yet.
Humbert Gomez Sr. - Stated things are getting out of hand In Parlier.
Attorney Carrillo addressed Mr. Gomez and audience that this is an opportunity to provide public comments and not to engage in back and forth dialogue.
Bob Perales - Invited everyone to a Thanksgiving dinner on November 26, 2024 at the Community Center. Everyone is welcomed.
Fernando Banuelos - We welcome the homeless to speak out and speak about their stories on what it is like to be homeless.
We will be providing flyers to the public. Any one is welcome to come and help out.
Juan Montano - Asked If there was going to be an opportunity to ask about the presentation on the water.
Lucy Pimentel - I think this Is one of the best City Councils we have had.
CONSENT CALENDAR:
All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of items appearing on the Consent Calendar unless requested to be removed for separate discussion and acted on by separate vote.
City Council:
2. Approved the Check Report dated September 17, 2024 through September 30, 2024.
Approved the Minutes for the Regular meeting of September 19, 2024.
Approved of Proclamation of October 23-31, 2024 as "Red Ribbon Week" in the City of Parlier.
5. Approved of the use and waiving all fees for the Parlier Community Center for Fresno Area Hispanic Foundation Resource Fair Confia Rural Event to hold a Resource Fair.
6. Approved the Annual Trunk or Treat Event on Thursday, October 31, 2024 including the use of Heritage Park, Senior Center, road closure and a staff member.
Note: Item #4 of Consent Calendar was pulled for discussion.
M/S/C: Motion to approve item #s 1,2,3 & 5 of the Consent Calendar by Garza, 2nd by S. Rodriguez, Vote: 5 yes - 0 Noes and carried.
M/S/C: Motion to approve item #4 of the Consent Calendar by Mayor Pro-Temp S. Rodriguez, 2nd by Garza, Vote: 5 yes - 0 Noes and carried.
REGULAR BUSINESS:
7. SUBJECT: Consideration and Necessary Action on Chief of Police employment contract. Presented by David Cerda, Acting City Manager.
The City Council approved employment agreement and adopted Resolution No. 2024-59, Approving Employment Agreement for Chief of Police David Cerda.
Attorney Yesenia Carrrillo gave an oral report on item #7 approval of the Chief of Police Employment contract.
The employment contract includes the following salary and French benefits:
An annual salary of $126,800. with an annual increase of 5% following a positive evaluation. The city will also provide 25% of the cost of an employee's dependent health insurance. It provides 80 hours of administrative leave vacation accrual at a rate of 7.38 hours per pay period and will also provide city fuel for personal vehicle used for city business.
Public comments
Juan Montano - Under the circumstances of the law suit and another one pending I think we should reconsider the Chief's contract.
M/S/C: Motion to approve Resolution 2024-59 by Garza, 2nd by Solorio, Vote: 5 yes - 0 Noes and *Note: Council gave Consensus to bring item #8 Review of Water Rates at another date.
8. SUBJECT: Consideration and Necessary Action on Review of Water Rates. Presented by Dan Bergman.
RECOMMENDATION: Staff recommends the City Council Continue the previously approved annual increases of water rates pursuant to Resolution 2021-52 approved September 2, 2021. This means that water rates will increase again this year and next, 12 percent October 1, 2024, and 12 percent October 1, 2025. These are the last two of the increases from the 2021 water rate study.
Javier Andrade gave a brief presentation on study on what has happened since 2021 and the process and on the reasons why costs are going up. the water rates Dan Bergman P.E. IGS gave a presentation Water Enterprise Financial Update on different on future rates. Mr. Bergman first did a background explanation. He will follow up with Javier Andrade Engineer
*Note: The City Council gave Consensus to return this item #9 Resolution 2024-61 at a future date.
9. SUBJECT: Consideration and Necessary Action on Bambi's Army Rescue rental agreement.
Presented by David Cerda, Acting City Manager.
The City Council gave consensus to return this item at a future date staff direction to renegotiate/renew rental contract with non-profit organization, Bambi's Army Rescue and adopt Resolution 2024-61 Approving Agreement between Bambi's Army Rescue and City of Parlier or Animal Services.
*Note the Council voted to return this item #10 to the next meeting.
10. SUBJECT: Consideration and Necessary Action on Approval of Operating and Capital Budget for FY 2024-2025. Presented by David Cerda, Acting City Manager.
RECOMMENDATION: The City's budget for FY 2024-2025 has been developed to ensure the continuity of public services, address community needs, and maintain financial stability. It also reflects the council's priorities for infrastructure development, public safety, community services, and economic development initiatives.
M/S/C: Motion to return this item for the next meeting by Mayor Beltran, 2nd by Garza, Vote: 5 yes - 0 Noes and carried.
*Note: This item #11 is tabled.
11. SUBJECT: Consideration and Necessary Action on 580 Tulare Street, Parlier, CA 9368 rental agreement. Presented by David Cerda, Acting City Manager.
The City Council voted to table this item to renegotiate/renew rental contractual agreement with current renter and adopted Resolution No. 2024-62 Approving Rental Agreement Between City of Parlier and Walda Toscano.
M/S/C: Motion to table Resolution 2024-62 by Garza, 2nd by S. Rodriguez, Vote: 5 yes - 0 Noes and carried.
12. SUBJECT: Consideration and Necessary Action on Service Contract with Andrea Chapman Law, Real Estate Attorney service contract. Presented by David Cerda, Acting City Manager.
The City Council approved Real Estate Attorney, Andrea Chapman Law, service contract and adopted Resolution No. 2024-63 Employment Agreement for Legal Services Andrea Chapman Law Andrea Chapman Law
M/S/C: Motion to approve Real Estate Attorney, Andrea Chapman Law, service contract and adopted Resolution 2024-63 Employment Agreement for Legal Services Andrea Chapman Law Andrea Chapman Law by Garza, 2nd by Molina, vote: 4 yes - 1 no and carried.
ROLL CALL VOTE
Yes Votes - Mayor Pro-Temp S. Rodriguez, Molina, Garza, Solorio.
No Votes - Mayor Beltran
13. SUBJECT: Consideration and Necessary Action on Approval of Purchase for BSCC-Cannabis Grant Recreational Equipment: Dave Bang. Presented by David Cerda, Acting City Manager.
The City Council approved the purchase of volleyball recreational equipment from Dave Bang for the total amount of $7,023.15, funded through the BSCC-Cannabis Grant.
M/S/C: Motion to approve the purchase of volleyball recreational equipment from Dave Bang for the total amount of $7,023.15, funded through the BSCC-Cannabis Grant by Mayor Pro-Temp S. Rodriguez, 2nd by Garza, Vote: 5 yes- 0 Noes and carried.
14. SUBJECT: Consideration and Necessary Action on Amending Title 18 of the Parlier Municipal Code regarding accessory buildings and related approval processes. Presented by Jeff O'Neal, City Planner.
PUBLIC HEARING:
a. Mayor Beltran opened the Public Hearing at 10:38 P.M. b Public input/testimony for or against.
Humberto Gomez questioned existing buildings.
City Planner Jeff O'Neal answered his question.
c. Mayor Beltran closed the Public Hearing at 10:40 p.m.
The City Council introduced and waived the first reading of Ordinance No. 2024-02, amending Title 18 of the Parlier Municipal Code (PMC) to revise language relating to accessory buildings in residential zone districts and lot coverage and creating the zone clearance process.
M/S/C: Motion to introduce and waive the first reading of Ordinance No.2024-02 by Garza, 2nd by S. Rodriguez, Vote: 5 yes - 0 noes and carried.
15. SUBJECT: Consideration and Necessary Action on approval of the final map of Tract No. 6435 and authorizing a Subdivision Agreement with Adobe West, Inc. Presented by Jeff O'Neal, City Planner.
The City Council adopted Resolution No. 2024-64, approving the final map of Tract No. 6435, accepting all rights-of-way and other public dedications indicated thereon, and approving the Subdivision Agreement, development impact fees, and security amounts.
M/S/C: Motion to adopt Resolution 2024-64 by Garza, 2nd by Mayor Pro-Temp S.
Rodriguez, Vote: 5 yes - 0 Noes and carried.
16. SUBJECT: Consideration and Necessary Action on approving contract and resolution for Ministerio Cristiano Pentecostal La Voz De Dios rental agreement to utilize the Parlier Civic Center for Community Outreach. Presented by David Cerda, Acting City Manager.
The City Council approved contract and adopted Resolution 2024-65 for Ministerio Cristiano Pentecostal La Voz de Dios to provide outreach services for needy individuals and families.
M/S/C: Motion to approve contract and adopt Resolution 2024-65 by Mayor Pro-Temp S. Rodriguez, 2nd by Garza, Vote: 5 yes - 0 Noes and carried.
17. SUBJECT: Consideration and Necessary Action on 2025-2026 Continued Funding Application and adopt Resolution 2024-66 Approving an Agreement to Apply for the 2025-2026 Continued Funding Application for the California State Preschool Program, For Child Care and Development Services at Parlier Academy of Excellence and Authorizing the Acting City Manager to Sign Any and All Contract Documents Pertaining to the Preschool Funding and Agreements for the Fiscal Year of 2025/2026. Presented by Demetria "Debbie" Cardenas, Preschool Director.
The Parlier City Council adopted Resolution 2024-66 approving an agreement to apply for the 2025-2026 continued Funding Application for the California State Preschool Program, for Child Care and Development Services at Parlier Academy of Excellence and Authorizing the Acting City Manager to Sign any and all Contract Documents Pertaining to the Preschool Funding and Agreements for the Fiscal Year of 2025-2026 with the California Department of Education for the purpose of providing Child Care and Development Services to the children and Families of the City of Parlier, as well as surrounding communities.
M/S/C: Motion to adopt Resolution 2024-66 continued funding application by Garza, 2nd by 2nd by Molina, Vote: 5 yes - 0 Noes and carried.
18. SUBJECT: Consideration and Necessary Action on Approval of the contract with Jaribu W.
Nelson, CPA, to conduct the Parlier Academy of Excellence Annual Audit, due November 15, 2024 to California Department of Education.
The City Council approved the contract with Jaribu W. Nelson, CPA, to conduct the Parlier Academy of Excellence Annual Audit.
M/S/C: Motion approve the contract with Jaribu W. Nelson, CPA, to conduct the Parlier Academy of Excellence Annual Audit by Garza, 2nd by Molina, Vote: 5 yes - 0 Noes and carried.
BRIEF COMMENTS: COUNCIL COMMUNICATIONS/COMMENTS:
CITY MANAGER: David Cerda thanked everyone for coming out tonight. Wanted to remind everyone about Red Ribbon event. Its anti-violence and anti-drug week. The Event is on Sunday October 27, 2024. A march will start at the Police Dept. on to Earl Ruth Park. We will food booths and refreshments, bounce houses and lots of other activities for kids.
CITY COUNCIL:
Molina - Thanked the staff for their help with the Fig Tree Park. Announced an East Side Career and training fair that is coming up October 9that the Community Center. I Didn't have any information. I am on the Board of the EDC and this Saturday I attended the graduation of fourteen students and two students are from the City of Parlier. The students graduated from the Central Valley Training Center program that is sponsored by the EDC City of Selma, EDA and California high speed rail, the CVTC is a project of the highspeed rail Authority and offers pre- apprenticeship and hands-on construction training and also helps with job placements after graduation. It also includes opportunities to work with the Highspeed Rail Project and their contractors. I would like to add this to our agenda for our next Council meeting for a presentation on November 7", 2024. It is a 12-week program and the students will be certified for heavy equipment, construction, cement layers, carpentry and also elections.
S. Rodriguez - Wanted to give a shout out to the Lions Club for their display at the Fresno Fair.
Thanked our Parlier Kids FFA for participating in the Fresno Fair. I want to make sure everyone attends the Red Ribbon Walk. Look forward for the Trunk or Treat. Announced the Confia informational event. They have a lot of resources our residents can use.
Garza- Thanked the Lions Club for their display at the Fresno Fair. Thanked Public Works, Rachel for her work in sports program. Thanked the community for being here.
Solorio - Thanked City Staff. Asked Chief about people being cited for feeding stray cats. Chief reassured her that there were no citations given out.
Michelle Lopez - She sees Herlinda on a daily basis and she is doing an excellent job. Has been working with her and has been receiving several donations. I see that she is feeding the homeless everyday and their animals that I have spayed and neutered. I just want to say to Herlinda keep up the good work you are amazing. We area planning a revival coming up in November and will be helping her with fundraising.
Jeff City Planner - He attended the American Planning Association state conference last weekend and got a nice legislative update. Lots of things coming up the pipeline that the city's going to enjoy having to comply with. There is $10 billion Bond that covers a lot of things that will be on the ballot in November. It's a $10 billion Bond for drinking water extreme heat mitigation parks and outdoor access and clean air programs. There are a number of bills that will take effect January 1s* that relate to mandatory elements for the general plan. So, in addition to the city's housing element. We actually have a meeting with HCD next week to go over comments the city over the next handful of years is going to have think about.
Mayor Beltran - We cannot threaten our residents about feeding animals in their own property.
So Chief can you speak to your staff about the citations. She asked one of the city's business owner to bring her water bill to resolve the owner's highwater bill that she is receiving.
Apparently, the construction crew working on a city project was connected to her water line.
Maybe she could sit down with the city manager and city engineer to resolve the situation.
Thanked Javier City engineer for almost concluding the down town revitalization buildings.
Hopefully by December. Asked what is going to be in the Flores basin? Javier city engineer explained. Mayor thanked everyone for being here and joining us with all the events that everyone has talked about.
ADJOURNMENT
Mayor Alma Beltran adjourned the meeting of Thursday October 03, 2024 at 11:27 p.m.
Dorothy Garza - City Clerk,
Resolutions adopted- 59,64,65 & 66 2024.
Resolutions to bring back at a later date - 61, 62, 63-2024 Ordinances adopted - 02-2024 (Introduced & waived the 1st reading amending title 18 of the Parlier Municipal code (PMC) to revise language relating to accessory building in residential zone districts and lot coverage and creating the zone clearance process.)
ADA NOTICE
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 646-3545 ext. 227. Notification 48 hours prior to the meeting will enable the city to ensure accessibility to this meeting.
DOCUMENTS
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall located at 1100 East Parlier Avenue, Parlier, CA during normal business hours. In addition, most documents are posted on the city's website at www.parlier.ca.us.
OF PARL AGENDA ITEM:
MEETING DATE: 11/16/2024
DEPARTMENT: Community Development -
Planning
REPORT TO CITY COUNCIL
SUBJECT:
City Council to Consider Approval of Guidelines for the CalHome ADU/JADU Loan Program RECOMMENDATION:
Staff recommends that the City Council adopts Resolution No. 2024-XX, approving the Guidelines for the California Department of Housing and Community Development CalHome Accessory Dwelling Unit/Junior Accessory Dwelling Unit Loan Program.
BACKGROUND & DISCUSSION:
On November 2, 2023, the City of Parlier was conditionally awarded a $3 million grant from the California Department of Housing and Community Development under its CalHome Program. The City had applied and received funding under the First-Time Homebuyers (FTHB) Mortgage Assistance Program and the ADU/JADU (Accessory Dwelling Unit/Junior Accessory Dwelling Unit) Program and received $2 million for the FTHB Program and $1 million for the ADU/JADU Program. The agreement with HCD was executed on May 28, 2024. Funds must be expended by May 28, 2027.
As a condition of the award, the City is required to develop guidelines for administration of the funds, with the Guidelines subject to review and approval of HCD. Each program would provide low-interest, deferred payment loans to Parlier residents or homeowners for down payment assistance under the FTHB Program and for rehabilitation, repair, or new construction of an ADU or ADU under the ADU/JADU Program. The Programs are intended to provide mortgage assistance for 20 first-time homebuyers and assistance for 10 ADUS/JADUs. The City may charge an interest rate of 0-3%, which must be identified in the Guidelines, and may charge a lower rate for very-low-income households compared to low-income households.
Qualified applicants with a household income at or below 80% of the area median income (AMI as defined by HCD would be eligible to apply for a gap loan of up to $100,000. Per HCD's May 9, 2024 memorandum on 2024 State Income Limits, AMI for Fresno County is $87,900 for a household of four; accordingly, the threshold for "Low Income" is at or below $70,300 per year for such a household. The City or a qualified designee would provide technical assistance to applicants. The City Council adopted the Guidelines for the FTHB Program at its special meeting on November 7, 2024. The draft Guidelines for the ADU/JADU Loan Program were accidentally omitted from that agenda packet, and are attached hereto. Following direction from Council and adoption, staff will format the Guidelines documents for consistency with each other and make minor clerical edits. The substantive content of the document will not be changed without further Council approval except as may be required by HCD. Adoption or amendment of the Guidelines does not require public notice.
ENVIRONMENTAL:
Because this proposal consists of the creation of a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, staff recommends that the Council determines the proposal does not qualify as a project under CEQA (CEQA Guidelines Section 15378(b)(4)).
FISCAL IMPACT:
A maximum of 10% of the value of the grant may be requested to cover Activity Delivery Fees.
Any additional administrative costs would be paid for from the General Fund.
Prepared b Reviewed and approved by:
8 Qual
Seffrey O'Neal, AICP
Community Development Director
Attachments:
Resolution No. 2024-XX
DRAFT CalHome ADU/JADU Loan Program Guidelines
RESOLUTION 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER
ADOPTING GUIDELINES FOR ADMINSTRATION OF THE CALHOME ADU/JADU
LOAN PROGRAM
WHEREAS, on November 2, 2023, the City of Parlier (City) was conditionally awarded a $3 million grant from the California Department of Housing and Community Development (HCD) under its CalHome Program; and
WHEREAS, the award included $2 million for the First-Time Homebuyers Mortgage Assistance Program and $1 million for the ADU/JADU Program; and WHEREAS, the City and HCD executed the grant agreement on May 28, 2024; and WHEREAS, the City must expend all funds no later than May 28, 2027; and WHEREAS, as a condition of award, the City must develop guidelines for administration of the grant funds; and
WHEREAS, at a special meeting on November 20, 2024, the Parlier City Council did consider the draft Guidelines for the CalHome ADU/JADU Loan Program; and WHEREAS, as the agency primarily responsible for approving said Guidelines, the City of Parlier assumes the role of lead agency pursuant to the California Environmental Quality Act (CEQA; Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines (Code of Regulations Title 14, Division 6, Chapter 3, Section 15000, et seq.); and WHEREAS, the proposal consists of the creation of a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment therefore does not fall within the definition of a "project" pursuant to CEQA Guidelines Section 15378(b)(4).
NOW, THEREFORE BE IT RESOLVED as follows:
1. The Parlier City Council finds that the proposal does not constitute a project under the California Environmental Quality Act under CEQA.
2. The Parlier City Council adopts the Guidelines for the CalHome ADU/JADU Loan Program as attached hereto.
*******************
The foregoing resolution was introduced and adopted at a special meeting of the City Council of the City of Parlier held on November 20, 2024 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dorothy Garza, City Clerk Hon. Mayor Alma Beltran
.......
CITY OF PARLIER
ADU/JADU LOAN PROGRAM
1.0 INTRODUCTION
The CalHome ADU/JADU Loan Program is a program of the Department of Housing and Community Development (HCD) administered by the City of Parlier that provides gap funding to Lower Income homeowners in the form of a low-interest, deferred-payment loan to rehabilitate, repair, or build an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) on their property.
The objective of the CalHome ADU/JADU Loan Program is to enable homeowners to develop ADU(s) and to expand housing opportunities for lower-income households in the City of Parlier.
Under the CalHome ADU/JADU Loan Program, the City provides participating homeowners with technical assistance and below-market financing to create independent units within existing homes, or by converting existing accessory structures into accessory dwelling units, or by building new detached ADUs.
2.0 DEFINITIONS
"Accessory Dwelling Unit" or "ADU", as provided in California Government Code Section 66313(a), means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
A. An efficiency unit.
B. A manufactured home, as defined in Health and Safety Code Section 18007. "Borrower" means an income-qualified Parlier homeowner household who receives a CalHome ADU/JADU Loan.
"CalHome ADU/JADU Loan" means a gap loan for the construction, reconstruction, repair, or rehabilitation of ADUs/JADUs for Lower Income households, as defined in Health and Safety Section 50052.5(b).
"Deed of Trust" means the deed of trust that is recorded against the Property to secure performance under the Regulatory Agreement and repayment of the CalHome ADU/JADU Loan. "Household" means one or more persons who occupy or will occupy a housing unit. Household members are not restricted to immediate family. Persons not considered part of the Household include: non-related live-in caretakers paid from an outside source, foster children, unborn children, and children being pursued for legal custody or adoption who are not currently living with the household. A child who is subject to a shared-custody agreement, in which the child resides with the household at least 50% of the time, can be counted.
"Household Income" means the annual gross income of all adult Household members (18 years and over) that is projected to be received during the coming 12-month period. Household income is determined by utilizing the gross income determination requirements defined in California Code of Regulations, Title 25, Section 6914 and Chapter 3 of the Income Calculation and Determination Guide for Federal Programs. "JADU" or "Junior Accessory Dwelling Unit" as provided in California Government Code Section 66313(d), means a unit that is no more than 500 square feet in size and contained entirely within a single- family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
"Loan Agreement" means the Loan Agreement to be signed by Borrower and City that describes the CalHome ADU/JADU Loan to be provided by the City and the Borrower's obligations under the Program. "Lower-Income Household" as provided in Health and Safety Code Section 50052.5(b), means a household with a household income at or 80% of the area median income (AMI) adjusted by household size and area in which they reside, as updated annually.
"Main Dweiling: means a dwelling, attached or detached, that is occupied by the Parlier homeowner household eligible for a CalHome ADU/JADU Loan.
"Owner-Occupant" means the Borrower must establish and occupy the Property as his/her primary residence. Fee simple title or a leasehold interest that enables the lessee to make improvements on and encumber the property and has a term sufficient to secure the CalHome program Loan. "Property" means the site of the Main Dwelling owned by the Borrower where the ADU/JADU is to be constructed.
"Regulatory Agreement" means the agreement imposing ADU/JADU rental restrictions that is recorded against the Property.
3.0 ELIGIBILITY REQUIREMENTS
The City or its designee shall conduct income and eligibility screening for the CalHome ADU/JADU Loan Program. Lower-Income Households, as defined in Section 2.0 Definitions, are eligible for the CalHome ADUJADU Loan Program. The Borrower household must be the owner and the primary occupant of the Main Dwelling at the time of application, and the Borrower must remain the primary occupant of either the Main Dwelling or the ADU/JADU after completion of ADU/JADU construction. The Main Dwelling must be located within the corporate boundary of the City of Parlier.
3.1 ELIGIBLE HOUSING UNITS
A. A single-family home, attached or detached, whose lot is within a residential or mixed- use zoning district and includes one proposed or legally created dwelling.
B. A single-family home, attached or detached, that currently has an active code case with the City of Parlier.
: When applicable, Borrower is to provide Notice of Violation.
County, as published on the Multiple Listing Service (MIS) or Fresno Association of
3.2 RESIDENCY & OWNERSHIP QUALIFICATIONS
To demonstrate residency and ownership, the Borrower shall be required, at a minimum, to submit the following documentation for Household Income qualification:
A. Current homeowner's insurance policy
B. Utility bill current within the last 60 days
3.3 INCOME QUALIFICATIONS
To demonstrate income eligibility, the Borrower shall be required, at a minimum, to submit the following documentation for Household Income qualification:
A. 2 most recent months of pay stubs
B. 2 most recent years of tax returns
C. 2 most recent months of bank statements
3.4 HOUSEHOLD INCOME CALCULATION & HOUSEHOLD SIZE DETERMINATION Household Income shall be calculated as the annual gross income of all adult (18 years of age or older) Household members that is projected to be received during the coming 12-month period.
The gross annual income is determined by calculating the Household's total current monthly income and then multiplying that total by 12. If the current monthly income deviates by more than 15% from the preceding 12-month average, the gross annual income shall be determined by combining the preceding half year's gross income with one-half year's gross income at the current level. The income verification may not be more than six months old at the time of loan funding (not at the time of loan approval).
A. The following are included in the calculation of gross annual Household income:
• All wages and salaries, overtime pay, commissions, fees, tips, bonuses, and other compensation for personal services, before payroll deductions; • The net income from the operation of a business or profession or from the rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness, or any allowance for depreciation of capital assets);
Interest and dividends (including income from assets, but only if applicable) The full amount of periodic payments received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including any lump sum payment for the delayed start of a periodic payment;
• Payments in lieu of earnings, such as unemployment, disability compensation, and severance pay;
The maximum amount of public assistance available to household members, other than the amount of assistance specifically designated for shelter and utilities; Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the home; • All regular pay, special pay, and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of household or spouse.
B. The following are not included when in the calculation of gross annual income:
• Casual, sporadic or irregular gifts;
• Amounts that are specifically for, or in reimbursement of, medical expenses; • Lump sum additions to household assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains, and settlement for personal losses;
• Monies received for educational scholarships paid either directly to students, or to the educational institution, as well as amounts paid by the Government to a Veteran of the U.S. Armed Forces for use in meeting the costs of tuition, fees, books, and equipment.
Any money received over and above the associated educational costs listed are not exempt and considered income;
• Special pay to a person in the U.S. Armed Forces who is head of household who is deployed and exposed to hostile fire;
• Foster childcare payments;
The value of benefits received from the Supplemental Nutrition Assistance Program; Payments to volunteers under the Domestic Volunteer Service Act of 1973; Income derived from certain sub-marginal land of the United States that is held in trust for certain Indian tribes;
• Payments or allowances made under the Department of Health and Human Services' Low-Income Home Energy Assistance Program; and
• Payments received from the Job Training Partnership Act.
A percentage of the Household's income from assets shall be added to the Household Income Calculation for households with assets in excess of $5,000. In those cases, the Household Income Calculation shall include the greater of: 1.) the actual income derived from such assets or 2.) a percentage of the value of such assets based on the current passbook savings rate, as specified by HUD.
Household assets shall only be considered for the determination of income eligibility calculation. Households will not be required to liquidate their assets to qualify for a CalHome ADU/JADU Loan. However, it is expected that the Household invests their funds first and only rely on the CalHome ADU/JADU Loan as gap financing.
Once Household size and gross income information have been established and verified, this information shall be compared to the published State income limits to determine eligibility for participation in the CalHome Program.
3.5 FINANCIAL CAPACITY
The Borrower must demonstrate financial capacity to complete the project. To demonstrate locumentation for Household Income qualification
A. Project Budget
B. Evidence of credit commitments and cash adequate to cover total Project Costs when combined with CalHome ADU/JADU Loan.
Borrower loan qualifications and documentation are addressed in Section 6 Underwriting Requirements below.
4.0 ELIGIBLE & INELIGIBLE COSTS
4.1 ELIGIBLE COSTS
CalHome ADU/JADU Loan may be used for the following activities:
A. Cost of construction, reconstruction, repair, conversion or rehabilitation; B. Cost of structural modifications to the existing home necessary to accommodate an ADU or JADU Cost of building permits and other related public agency fees, including all fees necessary to build and occupy an ADU or a JADU;
C. Cost of appraisal, architectural, engineering, and other consultant services that are directly related to planning, design, or construction;
D. Non-recurring Loan closing costs.
4.2 Ineligible Costs
A CalHome ADU/JADU Loan may not be used for the following activities:
A. Cost of installing, replacing or renovating the Main Dwelling, except as directly connected to the ADU or JADU physically or functionally;
B. Costs directly or indirectly related to the planning or construction of the ADU or JADU which have been or will be reimbursed as an eligible Activity Delivery Fee expense.
5.0 MAXIMUM ASSISTANCE AMOUNT
Maximum assistance shall not exceed $100,000. The Homeowner shall provide to the City evidence in such form as required by the City that sufficient funds are available and committed to cover the additional Project costs (see Section 3.5 Financial Capacity).
5.1 Total Loan Amount
The total loan amount (not to exceed $100,000) shall be divided into three distinct components:
A. Plans & Permits (more or less than $25,000)
B. System Upgrades (more or less than $25,000)
C. Construction Allowance (up to $100,000)
Payment phases are further described in the Cash Payment Schedule in Section IX. CalHome ADU/JADU Program Construction Requirements below.
The total loan amount shall be determined by the City and/or its designee based on the following:
D. The selected bid contractual amount;
E. Supplemental inspections, including but not limited to termite, roofing, etc.; F. Project budget with a contingency of at least ten (10) percent; G. Title insurance fees and notary or document preparation fees; H. Delivery fees, if any;
I. Relocation expenses, if any.
6.0 LOAN REQUIREMENTS
As part of the CalHome ADU/JADU Loan Program application, the Borrower must submit documentation to the City or its designee for loan prequalification. Borrowers are encouraged to work with the City or its designee through the entirety of the planning and construction process. the City or its designee shall review factors including, but not limited to loan-to-value ratio of the property and credit history of the Borrower.
6.1 Underwriting Requirements
A. The Borrower(s) must have a middle FICO credit score of 680 or higher.
B. The Loan-to-Value Ratio, when combined with all other indebtedness secured by the property, may not exceed 100% of the pre-improvement value or 80% of the post- improvement value of the property, whichever is smaller.
6.2 Loan Application
The full loan application shall be submitted by the Borrower, with assistance from the City or its designee. The following documentation is included in the Loan Application:
A. Drivers License or identification;
B. Last two (2) years of W-2s for all borrowers;
C. Last two (2) pay stubs for all borrowers;
D. Two (2) most current bank statements;
E. Credit report (authorization to pull credit);
F. Tax returns from past two (2) years;
G. Copy of current mortgage payment statement or coupon and copy of homeowners insurance page that shows the amount of insurance coverage and premium.
6.3 Maximum Loan-to-Value Ratio/Value of the Security
The Loan-to-Value Ratio, when combined with all other indebtedness secured by the property, may not exceed 100% of the pre-improvement value or 80% of the post- improvement value of the property, whichever is smaller.
The post-improvement value shall be determined using the sales of comparable properties approach using the median sales prices of single-family homes in Fresno County, as published on the Multiple Listing Service (MLS) or Fresno Association of REALTORS® (FAR), or a similar approach which has the same result of protecting the homeowner from over-encumbering their property.
If the Borrower has obtained a recent (i.e., within 90 days of CalHome ADU Loan qualification date) appraisal of the post-improvement value of the property as part of qualifying for a cash-out refinance or home equity line of credit (HELOC) as part of financing the ADU/JADU, the City or its designee may use such appraisal.
In the absence of such available methods, the post-improvement value may be determined by a licensed appraiser. If applicable, the cost of the appraisal shall be combined into the loan assumed by the Borrower.
7.0 LOAN & INSURANCE DOCUMENTS
7.1 Closing Documents
The following documents shall be prepared for Loan closing:
A. Owner/Contractor Contract;
B. Truth In Lending Disclosure Statement;
C. Loan Agreement;
D. Promissory Note(s);
E. Deed of Trust (notarized);
F. Regulatory Agreement (notarized) for Rental Unit;
G. Request for Notice of Default (notarized);
H. Notice of Right to Cancel (three-day rescission option); I. Evidence of Hazard Insurance naming City as loss payee; J. Evidence of flood insurance;
K. Commitment for issuance of a lender's title insurance policy for the benefit of City; L. Estimated settlement statement.
All loans made to the Borrower from the CalHome ADU/JADU Loan Program shall be evidenced by a Promissory Note, the repayment of which is secured by Deed of Trust. These documents shall include provisions necessary to ensure that the Property being assisted with CalHome funds remains affordable and that CalHome funds are recaptured upon sale of the Property.
Upon expiration of the three-day rescission period, the Loan Agreement, the Deed of Trust, Regulatory Agreement, and Request for Notice of Default shall be recorded against the Property, and the title company selected by the City shall issue a lender's policy of title insurance for the benefit of the City insuring the City's lien. All applicable documents shall be executed and recorded prior to disbursement of CalHome ADU/JADU Loan funds.
Any funds the Borrower will contribute toward construction or other costs must be deposited into escrow at closing of the CalHome ADU/JADU Loan.
7.2 Insurance Requirements
As noted in above, the Borrower must show evidence of property insurance, including fire and flood insurance if applicable, which must be maintained during the life of the CalHOME ADU/JADU Loan. The City must be named as loss payee in first position or additional insured if the loan is a junior lien.
The Homeowner must have sufficient insurance to cover the amount of the CalHome ADU/JADU Loan and all senior liens, up to the full value of the ADU/JADU post-construction. The City must be named on the policy as mortgagee/loss payee for the full term of the ADU Loan. Coverage deficiencies must be corrected as a condition of ADU Loan approval.
Further information on ongoing insurance requirements can be found in the attached Loan Servicing Plan.
7.3 Loan Terms
CalHome ADU/JADU Loans are deferred-payment loans bearing an interest rate of three percent (3%) simple interest. The Borrower is required to live on the property in the Main Dwelling or the ADU/JADU unit as their primary residence continuously and must recertify annually that they are the residents of the Main Dwelling or ADU/JADU and are the owners of both.
The Borrower is required to rent the ADU/JADU or the Main Dwelling to a Lower Income tenant household. Failure to rent to a Lower Income Household shall constitute a default of the CalHome ADU/JADU Loan.
CalHome ADU/JADU Loans are not assumable. The CalHome ADU/JADU Loan balance is immediately due and payable upon a change in occupancy. For further guidance on loan repayment, see the attached Loan Servicing Plan.
The Borrower may voluntarily prepay all or any portion of the CalHome ADU/JADU Loan at any time without penalty. If Borrower wishes to prepay the CalHome ADU/JADU Loan, the Borrower shall follow the procedures outlined in the attached Loan Servicing Plan.
8.0 CALHOME CONSTRUCTION REQUIREMENTS
The ADU/JADU shall be constructed pursuant to the terms of the Loan Agreement and in strict accordance with any drawings, specifications, and/or other related documents submitted to and approved by the City and in compliance with all applicable laws, regulations, and rules of all governmental agencies having jurisdiction. This includes, but is not limited to, Government Code Section 66310, et seg.
The Borrower shall be responsible for securing, or causing to be secured, all permits, licenses, and approvals which may be required by any governmental agency having jurisdiction over the Borrower's property and ADU/JADU project. Nothing in these CalHome ADU/JADU Loan Program Guidelines shall represent, warrant, or guarantee that the City shall approve any permits, applications, plans, drawings, or other documents or submittals for the Project and homeowner assumes the risk thereof.
8.1 Scope of Work and Contractor Selection Process
Prior to the closing of the CalHome ADU/JADU Loan, the City or its designee shall complete an assessment of the Property which includes pre-design plans, cost estimates, and financing options.
During this time, the City or its designee shall assist the Borrower to develop a Scope of Work based on this assessment and facilitate communication with potential contractors. Upon the Borrower's written acceptance of the Scope of Work, the City or its designee shall assist the Borrower to secure the contractor.
8.2 Contractor Selection Process
Upon the Borrower's selection of a contractor, the Borrower shall execute a construction contract directly with the contractor using standard documents substantially in a form approved by the City and in compliance with the CalHome Standard Agreement.
The contractor must be actively licensed by and bonded with the California State Licensing Board (CSLB). The contractor must have insurance in accordance with City-required limits, listing the Property address and naming the City and the Borrower as additional insured.
The construction contract shall include a start and completion date, payment schedule, and a clause that specifies that any extra work must be agreed to in writing and approved by City staff and the Borrower. The construction contract shall also specify that construction may not commence until the City or its designee issues a Notice to Proceed. This contract shall be executed concurrently with the Loan Documents as described in Section 7.0 Loan & Insurance Documents.
8.3 Pre-Construction Conference
When applicable, prior to the start of construction of the ADU/JADU, the City or its designee shall lead a pre-construction conference with the Borrower, the selected contractor, and any sub- contractors to develop a construction schedule, select materials, and review the terms of the contract.
8.4 Work Inspections
The City or its designee shall inspect any work performed under the CalHome ADU/JADU Loan program to ensure the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, any applicable construction contract, and the CalHome Standard Agreement with the Department of Housing and Community Development. All work found by such inspections not conforming to the applicable requirements shall be corrected, and payment withheld to the contractor or subcontractor until it is so corrected. by the City or its designee and with authorization of the Borrower. Additional inspections may occur at other times in the construction process as deemed appropriate
8.5 CalHome ADU Loan Payment Schedule
CalHome ADU Loan payments shall be released based on the project achieving certain specified milestones. CalHome Loan payments shall be issued in installments after a work inspection is completed by the City or its designee at the following points (note that if the loan is covering full construction costs, the program administrator can determine the payment installments):
A. Building Permit Issuance: more or less than $25,000; B. Foundation Approval or the equivalent if rehab: more or less than $12,500; C. System Upgrade signed off or Plumbing inspection passed: more or less than $12,500; D. Drywall inspection signed off, or equivalent if rehab: more or less than $40,000; E. Final inspection passed: more or less than $10,000.
The 10% Lien Release Contingency shall be held for 35 days after recordation of the Notice of Completion and will be released upon verification by City staff that no liens were recorded.
Substantial completion shall be defined as 100% completion with no outstanding deficiencies.
8.6 Prevailing Wage Requirement
Construction funds provided through the CalHome ADU/JADU Loan Program shall meet the requirements of Chapter 1 (commencing with Section 1720) of Part 7 of the Labor Code (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations), and in particular the exemption of construction and rehabilitation of privately owned residential projects (Section 1720(c)(5)).
8.7 Signage
During the construction period, the California Department of Housing and Community Development may place one or more signs on the construction site stating that it is providing financing for the development.
9.0 CALHOME PROGRAM RENTAL REQUIREMENTS
Borrowers shall rent the ADU/JADU constructed with a CalHome ADU/JADU Loan at an affordable rent shali be provided by the City or its designee based on the income limits published annually by the California to a Lower Income Household, as defined in Health and Safety Code Section 50053. The affordable rent of bedrooms plus one. Department of Housing and Community Development and utilizing the occupancy standard of the number The Borrower shall be responsible for selection of an eligible tenant but may work with the City or its designee to identify suitable tenants. The City shall review the proposed tenant's income and proposed rent prior to signing of lease and prior to tenant move-in. The Borrower must comply with all applicable city, State, and federal laws pertaining to renting residential properties, including without limitation, all applicable fair housing and nondiscrimination laws, landlord-tenant laws, and local good cause for eviction and tenant protection laws.
ADU/JADUs constructed with a CalHome ADU/JADU Loan shall be rented for a minimum of 30 days; no short-term or vacation rentals shall be permitted.
The CalHome ADU/JADU Program rental requirements shall be specified in the Regulatory Agreement that is recorded against the property at loan closing. If the Borrower ceases to rent the ADU/JADU in compliance with the Regulatory Agreement (other than for normal unit turnover or repairs) and other applicable agreements, then the CalHome ADU/JADU Loan shall become immediately due and payable.
10.0 AMENDMENTS
The City may make amendments to these CalHome ADU/JADU Loan Program Guidelines. Any changes made shall be in accordance with federal and State regulations and shall be submitted to the California Department of Housing and Community Development for approval.
11.0 ATTACHMENTS
1. Loan Servicing Plan
ATTACHMENT 1
LOAN SERVICING PLAN
The City of Parlier (City) will contract with one or more a designee(s) as a third-party service provider to minister the CalHome ADU/JADU Loan Program. The City will be responsible for overseeing th dministration and operation of the CalHome ADU/JADU Loan Program and for servicing of CalHom ADU/JADU Loans after construction is completed.
The City will receive loan payments and maintain a financial record-keeping system to record payments and Ille statements on payment status. Payments will be deposited and accounted for in the City's Program Income Account, as required by all California State Department of Housing and Community Development ("Department") programs.
The City will accept loan payments from Borrowers prepaying deferred loans and from Borrowers making payments in full upon sale or transfer of the property.
The City may, at its discretion, enter into an agreement with a third party to collect and distribute payments and/or perform some or all loan servicing aspects of the CalHome ADU/JADU Loan Program.
The City outlines its Loan Servicing Plan ("Plan") for the CalHome ADU/JADU Loan Program below.
ANNUAL REVIEW OF OWNER-OCCUPANCY REQUIREMENT
The Borrower is required to live on the property in the Main Dwelling or the ADU/JADU unit as their primary residence. Borrowers are required to recertify annually that they are the residents of the Main Dwelling or ADU/JADU and are the owners of both. Owner occupancy will be verified through utility bills or similar documentation.
The Borrower must also submit documentation acceptable to the City establishing that the household occupying the rental unit is income-eligible (i.e., Lower Income, as defined in Health and Safety Code Section 50052.5(b)) to reside in the unit and that the monthly rent charged meets affordability requirements.
Short-term rental of the units is prohibited.
The CalHome ADU/JADU Loan balance is immediately due and payable upon a change in title, occupancy, or use. CalHome ADU/JADU Loans are not assumable. Changes in title, occupancy, or use include, but are • The sale of the main dwelling.
• Conversion of any units on the property from owner-occupied to rental. • Conversion of the property to a fully non-residential use. • Transfer of the property through inheritance.
Exceptions to the change in occupancy may include additions of family members to the title as part of estate planning, or partial conversion of property to non-residential use, e.g., if the residence is used for business but the household still resides on the property. Any of these City-approved changes in title or occupancy must be in keeping with the objective of benefiting Lower Income households, as applicable.
There are some limited circumstances under which the CallHome loan may be transferable. Transfer means any sale, assignment or transfer, voluntary or involuntary, of any interest in either the main dwelling or the ADU/JADU, including, but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest, an interest evidenced by a land contract by which possession of the property is transferred and Borrower retains title, or a deed of trust.
With City approval, the following transfers may not result in the CalHome Loan becoming due and payable:
1. Transfer to a spouse or domestic partner;
2. Addition of spouse or domestic partner to title where the spouse or domestic partner becomes the co-owner of the main dwelling;
3. Transfer between spouses as part of a marriage dissolution proceeding;
4. Iranster to spouse or domestic partner following death of the Borrower;
3. Transfer via an inter vivos trust in which the Borrower is the beneficiary;
6. Refinance of the first loan, provided Borrower follows all requirements under subsection Requests for Subordination.
In all cases where there is a change in title, occupancy, or use, the Borrower must notify the City.
ANNUAL REVIEW OF HAZARD AND FLOOD INSURANCE
The Borrower must maintain property insurance, including fire and flood insurance if applicable, during the life of the CalHome ADU/JADU Loan. The City must be named as loss payee in first position or additional insured if the loan is a junior lien.
The Borrower must have sufficient insurance to cover the amount of the CalHome ADU/JADU Loan and all senior liens up to the full value of the ADU post-construction. The City must be named on the policy as mortgagee/loss payee for the full term of the CalHome ADU/JADU Loan. Coverage deficiencies must be corrected as a condition of CalHome ADU/JADU Loan approval.
The City will review insurance information on an annual basis as part of its annual CalHome ADU/JADU Loan monitoring process. Borrowers will be required to submit verification of the current required insurance policies. Failure to maintain the proper insurance will constitute a default of the CalHome ADU/JADU Loan. If the Borrower fails to maintain the necessary insurance, the City may take out force- placed insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of the Borrower's new insurance.
TIMELY PAYMENT OF PROPERTY TAXES AND ASSESSMENTS
The Borrower is responsible for making property tax payments on a timely basis during the term of the loan.
The City encourages Borrowers to have impound accounts set up with their first mortgagee to pay their taxes and insurance as part of their monthly mortgage payment.
The City will review property tax and assessment payment information on an annual basis as part of its annual CalHome ADU/JADU Loan monitoring process. Borrowers will be required to submit verification that property tax payments are current.
Jailure o par property maxis in paymen bad pril to aries te Cy may pay Cal taxes curen and do the balance of the tax payment plus any penalties to the balance of the loan.
LOAN REPAYMENTS
The City is the recipient of any interest and principal payments on CalHome ADU/JADU Loans from Borrowers. White payments on the CalHome ADU/JADU Loan are deferred, Borrowers may opt to make payments to lower the balance of the CalHome ADU/JADU Loan at any time with no penalty. Loan payments will be credited to the interest first and then to principal.
CalHome ADU/JADU Loans must be paid in full if the property including the ADU is transferred, except as expressly allowed under the Program Guidelines, or otherwise becomes out of compliance.
The City will deposit the CalHome ADU/JADU Loan repayment into the City's CalHome Account, as defined in the CalHome Reuse Account Plan, so that it can be reused for an eligible CalHome activity.
CalHome ADU/JADU Loan construction projects may result in a credit to the principal due to funds not being expended on the project. If this occurs, a principal reduction will be made to the CalHome ADU/JADU Loan for amounts less than $1,000. For amounts exceeding $1,000, a loan modification will be prepared and executed with the new loan amount.
PROPERLY CALCULATING PAYOFFS
Borrowers are eligible to pay-off their loans at any time without penalty. Payoff amounts are determined by the amount of the original CalHome ADU/JADU Loan plus any accrued interest minus payments received toward the Calhome ADU/ADU Loan, if any. Borrowers may make voluntary payments to lower the balance of the CalHome ADUADU Loan. Any payments received will be applied to the applicable account and considered when calculating the payoff amount.
Any payments received towards the CalHome ADU/JADU Loan will be applied first to accrued interest, then toward the principal. The funds will be placed in a Reuse Account and be reused for eligible Program purposes (see Reuse Account Plan).
PROCESSING DEMANDS
Requests for payoff demands should be addressed to the City. When the City receives a demand letter from a Borrower or a Borrower's representative, such as a title company, lender or legal representative, the City Will calculate the payoff amount in accordance with the provisions of the Loan Documents, as defined in the Program Guidelines. Within 21 days of receipt of the demand letter, the City will issue a written payoff demand, including a daily calculation of interest and any other amounts due, depending on the terms of the Promissory Note.
Within 21 days of payoff, the City will execute and deliver to the Borrower the reconveyance of the Promissory Note and Deed of Trust and record them with the County of Fresno.
REQUESTS FOR SUBORDINATION
If the Borrower wishes to refinance an existing senior lien, they must request a subordination by the City. he City will only subordinate its loan when there is no "cash out" as part of the refinance and places th borrower in a more favorable position. "Cash out" means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third-party debt pay offs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the Borrower with a lower interest rate and the total indebtedness on the property should not exceed the current market value.
The term of the new senior lien must be at least for the period remaining on the CalHome ADU/JADU Loan and must mature concurrently with, or after, the CalHome lien. The new loan must be amortized for the entire period of the loan. Negative amortization, balloon payments, or changes in payments are not allowed.
Upon receiving the proper documentation from the refinance lender, the request will be considered by the City for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation by the City.
REQUEST FOR NOTICE OF DEFAULT
The City will prepare and record a Request for Notice of Default for each senior lien in front of the CalHome ADU/JADU Loan. This document requires any senior lien holder listed in the notice to notify the City of initiation of a foreclosure action. The City will then have time to contact the Borrower and assist them in bringing the first loan current or to determine if the loan can be made whole or preserved. If the City is in third position and receives notification of foreclosure from only one senior lien holder, it may contact any other senior lien holders regarding the status of their loans.
COLLECTION OF CALHOME ADU/JADU LOAN PROGRAM NOTES IN DEFAULT OR
FORECLOSURE
In the event of any default by Borrower of one or more of the CalHome ADU/JADU Loan terms, the City may initiate foreclosure proceedings. The City will first issue a letter to the Borrower notifying them of the default situation. If the default situation continues, the City may start a formal process of foreclosure.
The sale proceeds will be applied as follows:
1. The reasonable and necessary expenses for preparing and conducting the sale including space rent and any other expenses incurred by the City;
2. The satisfaction of indebtedness secured by all senior liens or encumbrances in order of their priority;
3. The satisfaction of indebtedness secured by the security interest of the City's lien;
4. The satisfaction of indebtedness secured by any subordinate liens or encumbrances on the property in the order of their priority; and
5. To the registered owner within 45 days after the sale if a surplus remains.
ATTACHMENT 2
REUSE ACCOUNT PLAN
Purpose: The State of California CalHome Program requires jurisdictions to establish guidelines on the policies and procedures for the administration and utilization of program income received as a result of activities funded under the CalHome Program.
Reuse Plan Governing Regulations: This Reuse Plan is intended to satisfy the requirements specified in Article 2. Section 7724 (Reuse Account) of the CalHome Program, Title 25 California Code of Regulations Division 1, Chapter 7, Subchapter 9, Commencing with Section 7715. The Authority cited: Sectior 50406(n) and 506650.2, Health and Safety Code. Reference: 50650.3 (b), Health and Safety Code. This Reuse Plan has been developed to meet that requirement.
Definition. Reuse Account funds are defined as funds received by the City that have been directly generated from the use and return of CalHome Program funds. Examples of Reuse items include the following:
payments of principal and interest on the CalHome Program loans as well as interest earned on account accrual.
Reuse Account. All repayments of CalHome ADU/JADU Loan principal and any CalHome interest shall be deposited into a separately maintained Reuse Account. All interest earned on deposited CalHome Program funds will accrue to the Reuse Account and be reused for eligible CalHome Program activities.
Portfolio Management Costs. Costs of managing the portfolio of CalHome funded loans may be charged to the Reuse Account under Activity Delivery Fees within the allowable limits set by the Department.
Reuses of Funds. Reuse Account funds will only be used for CalHome Program eligible activities:
1. Gap loans for ADU/JADU construction, reconstruction, repair, or rehabilitation to Lower Income households; or
2. Up to five percent (5%) of deposited funds for loan servicing by the City or a third- party loan servicer.
Loans from the Reuse Account may be made to homebuyers in areas not previously allowed, or in loan amounts differing from the prior loan amounts. Before making such new loans, the City shall create updated CalHome Program Guidelines to which the new loans must conform. Loans made with some funds from the reuse account and some funds from the grant are not subject to the restrictions of the grant.
Distribution and Tracking of Reuse Account Funds. The City will institute a tracking system to track:
1. The receipt of CalHome loan repayments and interest accrual into the Reuse Account. Loan repayments towards the principal loan amount and repayments towards interest accrued on the loan will be tracked separately.
2. The allocation of Reuse Account funds to new loans to ADU/JADU development.
3. The use of funds for processing fees and other eligible activity delivery fees and loan servicing fees (of up to 5%).
Loan repayments deposited into the Reuse Account and loan disbursals from the Reuse Account will be tracked by borrower name, loan number, loan amount, and grant year.
Reporting and Federal Overlay Compliance. The City will comply with all State reporting requirements, including submittal of Quarterly and Annual Status Reports on CalHome Program funds. The City will ensure that the use of funds under this Reuse Plan complies with all CalHome Program requirements. To ensure ongoing compliance with CalHome requirements, the City will utilize the latest available State of California CalHome Program Management Manual for guidance on compliance procedures and policies.
Long Term Monitoring Agreement. The City will enter into a long-term monitoring agreement with the Department allowing Department monitoring of reuse accounts for compliance with all program requirements.
Maximize Funds in Reuse Account. The City will strive to utilize reuse funds on a revolving basis in a timely manner and will not stockpile funds.
Revising this Plan. City staff is authorized to amend this document as necessary to maintain compliance with CalHome Program requirements. All modifications to the Reuse Account Plan are subject to final approval by the Department.
ATTACHMENT 3
INCOME LIMITS
Will be attached
ATTACHMENT 4
MARKETING PLAN
A. Program Outreach and Marketing All outreach efforts will be done in accordance with state and federal fair housing and lending laws to ensure nondiscriminatory treatment, outreach and access to the Program. No person shall, on the grounds of age, ancestry, color, creed, physical or mental dısability or handicap, marital or familial status, medical condition, national origin, race, religion, gender, gender identity or sexual orientation, be excluded, denied benefits, or be subjected to discrimination under the Program. The City will ensure that all persons, including qualified individuals with disabilities, have access to the Program.
B. Fair Housing The Fair Housing Lender logo will be placed on all outreach materials. Flyers or other outreach materials, in English and Spanish, will be distributed in the Program area, and will be provided to local social service agencies.
C. Dispute Resolution and Appeals Procedure Any applicant denied participation in the Program has the right to appeal. The appeal must be made in writing and addressed to the City Manager, who will make a determination in writing within 30 days of receipt of the appeal. If the applicant's appeal is denied, a further appeal may be made to the City Council which will make a determination in writing within 30 days of receipt of the second appeal. The decision of the City Council will be D. Non-Discrimination Requirements The Program will be implemented consistent with the City's commitment to nondiscrimination. No person shall be excluded from participation in, denied the benefit of, or be subject to discrimination under, any program or activity funded in whole or in part with City or State funds on the basis of his or her religion or religious affiliation, age, race, color, creed, gender, gender identity, sexual orientation, marital status, familial status (children), physical or mental disability, national origin, or ancestry, or other arbitrary cause.
OF
PARLIE, AGENDA ITEM:
MEETING DATE: 11/21/2024
DEPARTMENT: Administration/Engineering
REPORT TO CITY COUNCIL
SUBJECT: Approval of Resolution No. 2024- awarding the contract to A-C Electric Company to carry all work for the City of Parlier Urban Flood Protection Pump Station Project and authorizing the Acting City Manager to execute the agreement on behalf of the City of Parlier.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 2024- designating and authorizing the City Mayor or Acting City Manager to execute the contract with A-C Electric Company to carry all work for the City of Parlier Urban Flood Protection Pump Station Project.
BACKGROUND:The City of Parlier Urban Flood Protection Pump Station Project involves supplying and installing new conduits from the existing switchboard to a new transformer and connecting these conduits to the newly installed pump station.
We have completed the analysis of the bids received for the City of Parlier Urban Flood Protection Pump Station Project. The bidders for this project are ranked in the following order, starting with the lowest total project cost:
CONTRACTOR: BID AMOUNT
1. State Wide Electric Inc. $65,885.35 + $25,000
materials
2. A-C Electric Inc. $76,025.00
3. Stan Vierra Electric $
Note: Stan Viera Electric was non-responsive, which disqualified their bid. Although Statewide Electric Inc. had a lower initial bid, their bid included only labor and we estimated an additional $25,000 was needed for materials, making A-C Electric the lowest responsive bidder.
FISCAL IMPACT: The City of Parlier has established a budget for the Parlier Urban Flood Protection Pump Station Project, the contract from A-C Electric Company will be executed in the amount of $76,025.00
Prepared by: Javier Andrade, City Engineer
Attachments:
Resolution
• Award Recommendation
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:
_Redevelopment Agency
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER
AWARDING CONTRACT TO A-C ELECTRIC COMPANY FOR THE CITY OF
PARLIER URBAN FLOOD PROTECTION PUMP STATION PROJECT AND
AUTHORIZING THE MAYOR OR ACTING CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the project involves supplying and installing new conduits from the existing switchboard to a new transformer and connecting these conduits to the newly installed pump station.; and WHEREAS, the following bids for the project were received on October 29, 2024 2:00 p.m.:
CONTRACTOR BID AMOUNT
1. State Wide Electric Inc. $65,885.35 +$25,000 Materials
2. A-C Electric Company $76,025.00
3. Stan Vierra Electric $
WHEREAS, the lowest responsive bidder was A-C Electric Company.
NOW THEREFORE, IT IS HERBY RESOLVED by the City Council of the City of Parlier as follows:
1. Upon the recommendation of the City Engineer that the Parlier Urban Flood Protection Pump Station Project be awarded to: A-C Electric Company at 2560 S. East Avenue Fresno, CA 93706 in the amount of $76,025.00;
2. The Mayor or Acting City Manager are authorized to sign the City's standard form of contract for construction projects, as contained in the bid package on behalf of the City of Parlier.
I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted by the City Council of the City of Parlier at a meeting thereof held on the 21st day of November 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
City Clerk Hon. Mayor Alma Beltran
1 & M
CONSULTING ENGINEERS
220 N Locust Street
Visalia, CA, 93291
559.429.4747
[email protected]
November 14, 2024
Dear David,
We have completed the analysis of the bids received for the City of Parlier Urban Flood Protection Pump Station Project. The bidders for this project are ranked in the following order, starting with the lowest total project cost:
CONTRACTOR: BID AMOUNT
1. State Wide Electric Inc. $65,885.35
+$25,000 Material
2. A-C Electric Company $76,025.00
3. Stan Vierra Electric $
Based on the totality of the bid package and estimated project cost, we have selected A-C Electric Company to move forward in the process. We recommend the City Council of the City of Parlier award this contract to A-C Electric Company.
If you may have any questions or concerns, please do not hesitate to contact me at your earliest convenience.
Regards,
Javier Andrade, PE
A&M Consulting Engineers
Principal Civil Engineer
OF PARI
AGENDA ITEM: 15
MEETING DATE: October 3, 2024
DEPARTMENT: City Hall
REPORT TO CITY COUNCIL
SUBJECT: Civic Center 745 E. Tulare
RECOMMENDATION:
Staff recommends City Council approve recommendation for City to rent city building, 745 E. Tulare Avenue, for special events, banquets, anniversaries etc.
BACKGROUND: City staff recommends City Council approve the rental of city building, 745 E. Tulare Avenue, for special events, such as anniversaries, birthdays, banquets, etc. City of Parlier has an opportunity to offer the community the use of a city owned building to accommodate special family events. Historically and traditionally, residents enjoy celebrating special family functions and holidays. These functions are often held at the residence of family members, whereas music, dancing and drinking are common activities. These particular activities often result in some degree of inconvenience to near-by neighbors. Beyond noise discomfort, the impact on street parking further compounds matters. Providing the community with another venue to host these events is a benefit to the city and contributes to mitigating the challenges with neighborhood celebrations impacting comfort levels of others. The rental fees and security guidelines will be consistent with the City's previously approved schedule fee and guidelines as established for the Parlier community center.
FISCAL IMPACT: None
ATTACHMENT: Schedule Fee
PREPARED BY: APPROVED BY:
Acting City Manager David Cerda Acting City Manager, David Cerda RESOLUTION NO. 2024—
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARLIER AUTHORIZING AND APPROVING THE RENTAL OF
PARLIER CIVIC CENTER FACILITY FOR PRIVATE EVENTS
WHEREAS, the City of Parlier recognizes the need of providing rental accommodations to the public for family functions and events.
WHEREAS, city is committed to accommodating the community and improving comfort and parking matters, and council has approved Parlier Civic Center, 745 Tulare Avenue, for facility rental services.
1. Monday through Sunday
NOW, THEREFORE, BE IT RESOLVED as follows:
In the spirit of accommodating the community in providing a venue for private events.
Council approves facility rental of city property 745 E. Tulare Avenue, Parlier, Ca. 93648. Therefore be it resolved, council approves providing the Parlier Civic Center facility for private events at a reasonable fee consistent with previously approved rates for the Parlier community center.
***************************************
The foregoing Resolution was duly approved this 3™d day of September 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Alma Beltran, Mayor, City of Parlier
ATTEST:
Bertha Augustine, Deputy City Clerk, City of Parlier
FACILITY RENTAL APPLICATION
Purpose/Typeof Event:_ _Event Date:
Applicant Name: Phone Number:_
Applicant Address: Estimated Attendance:
City:_ State: Zip Code:
Alcohol at Event: • Sold • Free • No
Facility Requested: • Community Center (500 Max) • Senior Center (200 Max) M-F Available after 2pm
DATE TIME BEGINS TIME END TOTAL HRS
DECORATION/SETUP SC 2Hr Included
CC 3Hr Included
EVENT CC: 3:00pm CC: 12:00am 9_ Total Hrs
/
SC: 3:00pm SC: 12:00am 9 Total Hrs
CLEANUP CC: 12:00pm CC: 1:00am
/
SC: 12:00pm SC: 1:00am 1 hour Included
I agree to follow all rules, regulations and policies of the City of Parlier during the use of the City of Parlier facilities requested above. I understand that i am responsible for any, and all, repair costs for damages to the facility and surrounding areas. Denial of future use of any City of Parlier facility for a period of I understand that electrical power outlets are available at certain locations however; the City does not guarantee a supply of power at all times. to include damage or loss due to any mechanical failure that may occur. I understand that the City of Parlier Will not be held responsible for items brought to this event, as requested in this application that becomes lost, stolen or damaged before, during or after the event. This is participants, invitees, and other guests. understand that as the responsible assume all liability for myself and event participants, invitees, and other guests for any form of negligence that mayarise from the consumption of alcohol by the event The City of Parlier reserves the right to require that the facility user provide adequate liability insurance coverage for the City and the user against claims for money or damages. The requires a Certificate of Liability Insurance shoving that adequate coverage is in effect before the event can be held.
The lessee shall save, keep and hold harmless the City of Parlier, its officers, agents, employees, and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up City of Pariler will not be held liable for any accident, injury, Ibss, or dame. because of damages to property or personal injury received by reason or in the course of use which may be accasioned by any willful or negligent act or omissions of the lessee, any of the lessee's employees, or guests. The RATE PER HR = TOTAL$ PAID / OTHER
DEPOSIT 400.00 ( CC)
100.23101 200.00 (SC ).
200.00 (Non-Profit)
HALL USE
Community Center 3 hours included for setup CC
100.5617.45200 (CC) $1500.00 (CC)
Senior Center
$_
100.5615.45201 (SC) 2 hours included for setup SC
Additional Hours $75.00 per Hr. (SC)
$_
CLEANUP
100.45200 Décor, kitchen use
$50.00 per hr.
FACILITY RENTAL
PROCEDURES AND REQUIREMENT
Application | General Requlations
1. Facility Rental Applications for special events must be completed at the City of Parlier, 1100 E. Parlier Ave. Applications are accepted on a first come, first served basis Dates will not be held without receiving a completed application with the applicable deposit.
2. Facility tours are available upon appointment during the regular hours of operation. If you wish to make an appointment, you may do so with the Facilities Department at 559-646-3545 X 240 or X 221.
3. Each individual or group is responsible for obtaining; at his/her own expense, all identification, insurance, permits, and licenses required.
4. Event staff will be available for janitorial, electrical and other emergencies (request staff number). The Facilities Department will assign city personnel to open and close the facility and provide information and direction. Keys will not be checked out to the party renting the facility.
5. Doors will not be open to caterers, musicians, decorators or deliveries unless hours are indicated on the application Event will not last beyond 12:00am.
7. No equipment will be removed from city facilities.
8. Smoking is not permitted in city facilities.
9. Barbecuing requires advance approval and is restricted to certain areas.
10. Any event charging an admission fee or at which alcohol will be served, requires advance approval and documentation.
11. Rice, birdseed, confetti, hay, straw and glitter are not permitted in or outside city facilities.
12. Under no circumstances shall the applicant sublease or allow any other organization or individual to use the facility during the fime and on the date for which they have contracted.
13. The event supervisor and/or the Parlier Police Department reserves the right to close any function due to property damage, aggravated assaults, complaints from surrounding area regarding excessive noise, or if the event appears to be uncontrollable without a refund,
14. The City of Parlier reserves the right to cancel any event without motive due to power outages, bad or dangerous weather conditions, damages to the facility or other circumstances beyond the City's control.
15. The event custodian wilt deal only with the individual named on the application if questions or concerns arise, Requirements
1. A$_ 35.00 - non-refundable processing fee will be required to cover administrative costs and must accompany any and all Applications.
An applicable deposit fee is required. The deposit fee is due and payable when the Facility Rental Application is completed and submitted.
All deposit fees are refundable if there is no damage to the facility or equipment such as tables, chairs, stage, etc. Should damage occur, the city has the right to retain from the deposit such sums necessary to restore the facility or equipment to its prior condition.
3. All applicable fees are due 1 week prior to the event date. Rental fees are based on preparation, actual program, and clean up time. Events exceeding the time limits of the permits shall be charged the hourly rate at a minimum of one (1) hour increment. The city has the right to retain from the deposit such sums necessary.
4. Payments may be made in the form of cash, credit card, debit card, check or money order payable to the City of Parlier.
5. General liability insurance in the amount of one million (1,000,000.00) dollars, listing both the applicant and the facility as insured, is required by each individual or group renting a City of Parlier facility for any and all events. The policy must list all dates requested on the application. Parlier Community Center, 1100 E. Parlier Ave., Parlier, CA 93648 Parlier Senior Center, 690 S. Newmark Ave., Parlier, CA 93648
6. Security is required for any event; a minimum of six (6) guards for the rental of the Community Center and a minimum of four (4) guards for the rental of the Senior Center. One (1) guard is required to be stationed at the bar at all times to review identification. A copy of the security contract is required with the application.
I have read and understood the Facility Rental Procedures and Requirements Applicant's Signature:_ _Date:
•
:
Community Center
....
Estimated
Attendance Alcohol Security Guards
Cans Kegs Alcohol No-Alcohol
0 - 200 600 4 4 2
guests
201-500 guests 1500 4 4 2
Senior Center
Estimated
Attendance Alcohol Security Guards
Cans Kegs Alcohol No-Alcohol
0-200 600 2 2 1
guests sane
7. Alcohol may be consumed without a permit when there is no monetary exchange for the baverage or when there is no admission charge to the event. The bartender to be on duty is required to bring in a valld ID for verification at least 1 WEEK prior to the event date. The bartender on duty wlll adhere to all bar rules. Bar rules include; bartender shall not consume any alcohol, three (3) drink maximum per person at a time, no hard ilquor shall be served or consumed, security guard will check ID's prior to serving alcohol.
8. Events Involving exchange of monetary consideration (ex, purchase of a meal or meal ticket with any form of alcohol served as a part of the meal) require a license from the State of Californla Department of Alcoholic Beverage Control (ABC). The Parller Pollce Department must grant approval for the permit prior to going to ABC. ABC will Issue one (1) day permits to non-profit groups who wish to sell beer at fundralsers/events, ABC will not issue permits to private citizens or groups.
Parlier Pollce Department: 8770 S. Mendocino Ave., Parller, CA 93648 Alcohollc Beverage Control: 3640 E, Ashlan Ave., Fresno, CA 93726
9. The total amount of alcohol to be served must be brought in all at once, prior to the start of the event. NO EXCEPTIONSI Kegs and cases cannot be combined for the total amount allowed. No hard liquor allowed - beer only. No glass contalners, except for champagne bottles, are allowad. The amount of alcohol permitted per event is as follows for each facility:
Community Center: Four (4) kegs, equivalent to seven (7) — twenty-four (24) pack cases per one (1) keg or sixty two (62) - twenty-four (24) pack cases total. The total amount of cans permitted is one thousand five hundred (1500).
Senlor Center: Two (2) kegs, equivalent to seven (7) - twenty-four (24) pack cases per one (1) keg or twenty five (25) - twenty-four (24) pack cases total. The total amount of cans permitted is six hundred (600).
10. Each individual or group finding it necessary to cancel a reservation must do so IN WRITING, to the Facilities Department Office, at least sixty (60) working days prior to the event date. All deposits will be returned if condition is met. Failüre to give sixty (60) working days written notice of cancelation will result in the forfeiture of alt deposits, unless another individual or group rents the facility for that same date. Cancelations that meet the conditions will be subject to a $35.00 cancelation fee. The City has the right to retain from the deposit such sums necessary.
11. Each individual or group renting a City facility shall observe, obey, and comply with all applicable laws, rules, and regulations and any specific use regulations. NO activity will be permitted which is in violation of City, County, State, or Federal statutes. Applicants must adhere to all City, Police, and Fire Department Codes.
Applicant Signature Date:
FOR OFFICE USE ONLY
Decorating | Setup | Kitchen Use I Cleanup
1. The use of cellophane tape, adhesive tape, nails, thumb tacks, pins, staples, screws, etc., on tables, chairs, walls, lights etc., is not permitted. Only masking tape may be used to attach decorations.
2. All decorations and materials must be removed immediately following the conclusion of the event. The City of Parlier is not responsible for damage to any decorations used in conjunction with a facility rental.
3. Applicants who have requested decorating time must report to the facility at the time specified on the application. City personnel assigned to open the facility will leave the premises if applicant does not show within ten (10) minutes of the time requested. Personnel callback will constitute additional hours. The city has the right to retain from the deposit such sums necessary.
4. City personnel will have available tables and chairs requested on the application. Applicant is responsible for the setup, cleaning and putting away of all tables and chairs used.
5. All cooking and eating dishes and utensils must be supplied by the applicant and/or caterer. The applicant is responsible for the cleaning of the kitchen, if applicable to event.
6. The applicant is responsible for cleanup of the facility rented. The City reserves the right to retain from the deposit such sums necessary to restore the facility or equipment to its prior condition.
7. Throw away all paper products including tablecloths, cups, disposable plates, plastic ware, napkins etc.
8. Wipe down all tables
9. Be sure all trash and garbage are placed in trashcans. Empty all trash bags into dumpster
10. No grease to be discarded in sink
11. Refrigerator if used must be clean
12. Pick up all paper towels from the floor of the restroom and put them in trash containers.
13. The bar area must be thoroughly cleaned and returned to their original level of cleanliness.
Please contact the Facilities Department at 559-646-3545 X240 for questions.
I have read and understood the Facility Rental Procedures and Requirements Applicant's Signature: Date:
BARTENDER CONFIRMATION FORM
BARTENDER UST
Date of Event: _Applicant: -
, the undersigned Bartender(s), while on duty will not consume any alcoholic beverages, and will adhere to the bar rules stated below. With this understanding, I accept the responsibility of Bartender for the event.
1. Bartender's Signature: _Time:
PFiAt Name:
Time:
2: Baftender's Signature:
Print Name:
3. Bartender's Signature: Time: _
Print Name:
ALCOHOLIC BEVERAGES
NO HARD LIQUOR ALLOWED ONLY IF BARTENDER IS CERTIFIED..
The amount of alcohol permitted per event is 4 kegs or 672 cans. For can preference, 7 cases are equivalent of 1 keg. Kegs and cases may not be combined for the total amount allowed. The total amount of alcohol to be served must be brought in all at once, prior to the start of the event.
BAR RULES
1 SECURITY GUARD WILL BE STATIONED AT BAR AT ALL TIMES. • Be ready to show I.D.
•No hard liquor shall be served or consumed, not unless bartender has ABC License & Certified. • 2 drink maximum per person at a time.
Bartender shall not consume any liquor while he/she is bartending.
Date
OF PARL
AGENDA ITEM: #le
MEETING DATE: November 20, 2024
DEPARTMENT: ADMINISTRATION
REPORT TO CITY COUNCIL
SUBJECT: Maxco MOU
RECOMMENDATION:
The City Council approve recommendation to enter into temporary water rate agreement with Maxco Inc.
BACKGROUND: The success of the Parlier Police Department's city-wide camera surveillance expansion program is crucial in enhancing safety and security across the community. The expansion program is significantly influenced by strategic placement of radio equipment necessary for effective surveillance coverage. We have successfully partnered Maxco inc. who generously agreed to allow us to place our radio equipment on their communication tower at no charge. This collaboration has been instrumental in extending our coverage area without incurring additional costs. The average rental cost for tower space for radio equipment is approximately 450.00 per month. By utilizing Masco's communication tower, the city has saved sixteen thousand two hundred dollars since the equipment was installed in August 2021 because of Maxco's generosity and valued partnership, it is reasonable to offer a temporary modified water rate agreement in the spirit of reinforcing healthy business relationships beneficial to the city.
ATTACHMENT: Radio Equipment invoice
PREPARED BY: APPROVED BY:
Acting City Manager David Cerda Acting City Manager, David Cerda AGENDA ITEM: #7
MEETING DATE: November 7, 2024
STAFF REPORT
SUBJECT: Negotiated Wastewater Rate with Maxco.
RECOMMENDATION: Staff recommend that monthly wastewater billing amounts to Maxco be fixed at $6,153 per month for the period of August 2023 through April 30, 2025.
BACKGROUND:
For several years, the city has been working to install wastewater sampling stations at two locations at Maxco. Finally, in June of this year the sampling stations became operational, and wastewater (effluent) samples have been taken every week at both locations. Ongoing sample results reveal that Maxco effluent samples are much higher concentration than anticipated. The resulting monthly wastewater bills to Maxco calculate as high as $24,874.26 (August 2024). Staff has been in ongoing dialogue with Maxco because 1) neither party anticipated the high cost of wastewater treatment based on actual sampling results, and 2) the calculated billing amounts are prohibitively expensive for Maxco.
DISCUSSION:
Maxco is now working to pretreat its wastewater discharge at both locations. From its 625 Zediker location, it needs to repair existing equipment. From its other 605 Zediker location, it needs to install equipment and needs some time to do so.
Maxco is important to the City of Parlier, as an employer, participant in community activities, and large water and wastewater customer. A negotiated approach has been reached with them to provide reasonable sewer charges until they can get equipment installed, specifically giving them six months to repair and install equipment. Maxco will pay the escalated amount assigned to them from the 2018 cost-of-service rate study done by Dan Bergmann of IGS. From the City's perspective, this is fair because it is the amount the City expected to receive from Maxco anyway, in balance with contributions from other customers. The fixed monthly billing amount of $6,153 will be retroactive to August 2023 to also adjust many months that were billed less than $6,153 because the City was estimating billing amounts too low.
Calculated Negotiated Adjustment
Aug-23 $7,348.00 $6,153.00 -$1,195.00
Sep-23 $953.00 $5,200.00
Oct-23 $3,549.00 $2,604.00
Nov-23 $3,467.00 $2,686.00
Dec-23 $2,869.00 $3,284.00
Jan-24 $3,248.00 $2,905.00
Feb-24 $2,922.00 $3,231.00
Mar-24 $3,778.00 $2,375.00
Apr-24 $3,593.00 $2,560.00
May-24 $3,971.00 $2,182.00
Jun-24 $13,869.00 -$7,716.00
Jul-24 Samplers $21,588.00 -$15,435.00
Aug-24 online $24,874.26 -$18,721.26
Sep-24 $10,353.41 -$4,200.41
$106,382.67 -$20,240.67
1 The end result from an accounting and payment perspective is that Maxco monthly wastewater bill will be $6,153 from August 2023 through April 2025, after which time Maxco will pay the calculated rate based on it effluent discharge into the City's wastewater system. In the meantime, City staff is providing Maxco weekly effluent concentrations as soon as the sampling results are received from the testing laboratory.
FISCAL IMPACT:
The fiscal impact to the wastewater enterprise is neutral. This is because the calculated payment from Maxco is based on what would have been paid from 2018 rate study anyway.
PREPARED BY:
Dan Bergmann, IGService
2 RESOLUTION NO. 2024-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER APPROVING
A NEGOTIATED WASTEWATER RATE WITH MAXCO
WHEREAS, the City of Parler operates a wastewater treatment system including industrial customers with monthly rates based on effluent discharge volume and concentration; and
WHEREAS, the City has recently completed installations of wastewater sampling stations at Maxco, one of the large industrial customers; and WHEREAS, wastewater sample results from Maxco reveal very high biochemical oxygen demand and total suspended solids causing Maxco's calculated billing amounts to be extraordinarily high; and
WHEREAS, Maxco is working to repair and install equipment to pretreat its discharge such that the effluent concentrations into the City's Wastewater system will be much lower; and WHEREAS, the City is willing to provide a fixed, negotiated monthly wastewater billing amount to Maxco to provide Maxco time to properly install pretreatment equipment.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Parlier as follows:
1. The fixed rate shall be $6,153 per month.
2. This rate shall be effective retroactively to August 2023, such that payments from Maxco for each month from August 2023 forward shall be adjusted to $6,153 per month.
The rate of $6,153 per month shall be effective through April 2025, giving Maxco six months to repair and install pretreatment equipment, as needed.
Beginning in May 2025, Maxco's monthly wastewater billing amount shall be based on actual effluent volumes and concentrations as measured by the sampling stations.
City staff shall continue to provide weekly sample results to Maxco.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Parlier held on the 7th day of November 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mayor
ATTEST:
City Clerk/Deputy City Clerk