Agenda packet — Porterville City Council, February 17, 2026 (part 2 of 3)

15. CONTRACTORS:

Contractors are required by law to be licensed, bonded, and regulated by the Contractor's State License Board whose address is:

Contractor's State License Board
P.O. Box 26000
Sacramento, CA 95826

16. SPECIAL PROVISIONS
(insert any special provisions here)
SIGNATURES: In witness whereof, both of the Parties have executed this Contract, both Parties by its representative, as of the day and year set forth below. The signature assumes acceptance of stated payment terms. 2% per month late fees will be charged on delinquent payments.

Customer Signature
Customer Print Name
Date
Item No. 5.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Purchase Water Utility Data Management Software SOURCE: Public Works
COMMENT: The Water Utility Division currently relies on multiple spreadsheets to track operational data for thirty-one active production wells and storage reservoirs.

This approach is inefficient, increases the risk of inconsistent data, and limits the City’s ability to analyze long-term trends.

The City’s Wastewater Treatment Facility already uses AllMax Software for operational and regulatory compliance tracking, and the system has proven reliable and effective. Public Works staff recommends extending the use of AllMax Software to the Water Utility Division to standardize data collection, improve reporting accuracy, and align water system monitoring with existing wastewater operations.

AllMax Software has provided a quote for software licenses, mobile access, SCADA integration, and custom report configuration services tailored to the City’s needs. The proposed solution will automate data entry, improve consistency, and support monthly monitoring of well production and system performance.

The total cost for the software and custom report development is $23,683.50.

Including a 10% contingency, the total authorization requested is $26,051.

Funding is available in the Water Operating Fund.

RECOMMENDATION: That the City Council authorize the purchase of AllMax Software licenses and custom reporting services for the Water Utility Division in an amount not to exceed $26,051, including a 10% contingency.

ATTACHMENTS: 1. AllMax Software Quote
Appropriated/Funded:

Item No. 5.

Review By:

Department Director:

Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk City of Porterville CA WWTF - Operator10
Water 4 Seats and 2 Mobile Users
City of Porterville CA WWTF
Porterville, California 93257
Daniel Harris
[email protected]
5597827501
Robert Alvarez
[email protected]
559-782-7505
Reference: 20251202-134710516
Quote created: December 2, 2025
Quote expires: January 31, 2026
Quote created by: Daryll Dorman
Sales Manager
[email protected]
+15676010637
Comments from Daryll Dorman
4 Seats Operator10 Water
OPC/DDE for SCADA connection
2 Users Operator10 Mobile (First Year Waived)
2 Tickets to Operator's Edge Event in Chicago
First Year MSP Waived. First Renewal to coincide with Current Renewal of Antero and Wastewater 2/28/27
10% Multi-Product Discount with Authorization by 12/31/25 Products & Services
Item & Description Quantity Unit Price Total
Operator10 - Water 1 $4,565.00 $4,565.00
Operator10 - Water - Add User 3 $1,500.00 $4,500.00
Operator10 Mobile User License 2 $360.00
/ year
$0.00 / year
Operator10 - Water - OPC/DDE Interface 1 $2,250.00 $2,250.00 Operators Edge - Chicago 2025 Client Event 2 $300.00 $0.00 Operator10 Water - Support Agreement 1 $2,184.00 $0.00
When you want to ensure consumer safety, Operator10 helps you track your water quality and quickly be able to see potential issues be‐ fore they become problems. Save time on data entry, pull data from SCADA or Historians, run calculations, generate regulatory reports and more, all saving you time on your operations data management tasks.

Additional User for Operator10 Water
Unlock real-time access to your critical location data right on your mobile device with our secure web login. Add your favorite Location:Parameters(LPs) to My LP's for quick access and entry.

Streamline your workflow with the ability to create Forms of LP's for day-to-day tasks.

Sync your data with Operator10 within your specied timeframe, mak‐ ing sure your operations run smoothly and efciently.
after 100%
discount
The AllMax OPC/DDE Interface (OLE for Process Control/Dynamic Data Exchange)is a separate client/server application feature that can be used both to retrieve data on a daily or time dened period for real-time data. Data exchange in the AllMax Interface is capable of linking with any running application which permits third-party soft‐ ware for OPC and DDE links, such as most SCADA software including Microsoft Excel, Wonderware In Touch, Intellution iFIX, and Rockwell Automation.
2 Day Client Event in Chicago April 2025 - The Operator's Edge - Operator10 Training
after 100%
discount
after 100%
discount
Item & Description Quantity Unit Price Total
Operator10 Water Support - 4 Seats 1 $1,224.00 $0.00
OPC/DDE Support 1 $578.00 $0.00
Premier Setup 1 $20,000.00 $15,000.00
Annual subtotal $0.00
One-time subtotal $26,315.00
Multi-Product Discount ($2,631.50)
10% discount
Total $23,683.50
Total contract value $23,683.50
Purchase terms
Signature
Choose a profile to start the e-signature process.

Daniel Harris
[email protected] [ sig|req|signer1 ]
after 100%
discount
after 100%
discount
Custom Setup of AllMax Software from Customer-Provided
Information
after 25%
discount
after $720.00 discount
after $9,586.00 discount
Questions? Contact me
Daryll Dorman
Sales Manager
[email protected]
+15676010637
AllMax Software
PO Box 121
Roundhead, OH 43346
United States
Item No. 6.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Purchase Playground Shade for Fallen Heroes Park SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Department utilizes Community Development Block Grant (CDBG) Park Improvement Funds to purchase park amenities on an annual basis, as funding permits. This funding source requires that projects be located within an eligible census tract. Eligible City parks include Murry Park, Zalud Park, and Fallen Heroes Park.

Installation of new shade sails at Fallen Heroes Park is a recommended project for this year's funding. The proposed shade system would replace existing sails that have experienced wear and damage since the park opened in 2014. The new sails would provide coverage over the existing playground equipment and splash pad areas. A robust shade system will help extend the lifespan of playground equipment and increase park usability during peak temperature periods. This improvement represents a proactive investment in maintaining park infrastructure and maximizing the community benefit of existing park amenities.

The proposed project scope includes installation of nine (9) custom fabric sails to existing shade columns, replacement of cables and hardware, and removal and disposal of existing sails. Four vendors previously utilized by the City for playground equipment purchases were contacted to provide quotes. All vendors are members of a government discount purchasing cooperative, which streamlines procurement and provides cost-effective purchasing options for public agencies. Three vendors responded to the request for quotes, and of the three, only the following two provided proposals that included the full project scope:

Ross Recreation Equipment $56,174.09
Superior Recreational Products $109,503.48
At its February 5, 2026 meeting, the Parks and Leisure Services Commission voted unanimously to recommend proceeding with the Fallen Heroes Park shade sails replacement project utilizing available CDBG Park Improvement Funds. Implementation of this project is contingent upon current and future Item No. 6.
funding allocations available through the CDBG Park Improvement Funds.

RECOMMENDATION: That the City Council authorize the purchase and installation of playground shade structures for Fallen Heroes Park from Ross Recreation Equipment in an amount not to exceed $61,792, subject to the availability of Community Development Block Grant (CDBG) Park Improvement Funds.

ATTACHMENTS: 1. Ross Quote

2. Superior Quote
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

City of Porterville
291 N. Main Street
Porterville, California 93257
Shipping Address:

Fallen Heroes Park
336 Chase Ave
Porterville, California 93257
Quote Date: 1/13/26
Expiration Date: 4/13/26
100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500

Page 1 of 6 ends

Opportunity Name Lead Time Payment terms
Fallen Heroes Shade Sails 6-8 weeks

QTY PRODUCT DESCRIPTION UNIT PRICE SUBTOTAL

1.00 Custom Canopies
Replacement Fabric Sails for existing shade canopies; CA Fire Marshal Certified, includes new cables, hardware and fabric. Colors TBD
Sail 1: 40' x 32' x 32' x 27'
Sail 2: 32' x 30' x 22'
Sail 3: 30' x 22' x 20'
Sail 4: 45' x 30' x 28'
Sail 5: 34' x 34' x 34' x 28'
Sail 6: 40' x 34' x 28'
Sail 7: 38' x 32' x 28'
Sail 8: 45' x 38' x 32' x 35'
Sail 9: 40' x 35' x 30'
* Sail dimensions are approximate and will be confirmed on site prior to order $42,855.00 $42,855.00

1.00 Install - Shade
Installation of (9) new fabric sails to be attached to existing shade columns.

Includes removal and disposal of existing fabric sails. * Project DIR number required for CA prevailing wage projects. $8,500.00 $8,500.00
Totals
County/ City Tax (Tulare County/ Porterville 9.2500 %) Materials $42,855.00 Sales Tax $3,964.09
Labor/ Fees $8,500.00
Freight $855.00
Total $56,174.09
Notes to Customer

CONTRACT
100 Brush Creek Rd #206, Santa Rosa, CA 95404
Casey Hilbert
707.538.3800 | (831) 689-9110
[email protected]
Contract #: 2026-38173
Quote #: 00049443
Quote Name: Fallen Heroes Park Shade Sail Replacement
Quote Total: $56,174.09
100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500

Page 2 of 6 ends

Fallen Heroes Park Updates
Ross Recreation Equipment Contract Document
PREPARED FOR:

City of Porterville
291 N. Main Street
Porterville, California 93257
GENERAL TERMS:

Thank you for choosing Ross Recreation Equipment for your project. This document outlines the arrangements for your selected products, labor and services. It will serve as a Contract Agreement (“Contract”) between City of Porterville (“Customer”) and Ross Recreation Equipment (“Ross Recreation”). All arrangements described in this Contract will be confirmed by returning your sig ned Contract Agreement no later than 4/13/26.

PLEASE NOTE: This contract does not include, offload, payment and performance bonds, engineering calculations, security, storage, permits, inspections or any other materials or labor unless specifically noted and outlined on this contract. Unless noted, freight costs are based on semi-truck access and do not include a lift-gate. The freight carrier and driver will not offload the shipment. You will need a forklift or similar equipment to offload equipment.

Your purchase is subject to the terms and conditions of this contract. Approval of this contract agrees to those terms.

This Contract contains the entire agreement between Ross Recreation and the Customer and takes precedence over all previous quotations, estimates and agreements. No changes, amendments or modifications of this Contract shall be valid unless made in writing and signed and agreed to by both parties.

Ross Recreation coordinates the ordering, production and shipment of materials. Customer and site readiness is a critical component of shipping coordination. If project and/or site readiness changes after materials are already produced, neither th e manufacturer nor Ross Recreation, can hold and store such materials. Once materials ship, the materials will be invoiced based on customer's terms. Payment for materials is required regardless of installation status.

Deposits may be required before an order can be placed depending on customer credit terms. Credit terms are established by Ross Recreation and for this order are as follows: . Pay when paid by the Owner is not accepted as alternative payment terms. • First Deposit Due with Signed Contract: $0.00
If ordering materials after 4/13/26, please contact your sales representative for current pricing. Ross Recreation cannot hold pricing past the stated Expiration Date on this quote. To secure current pricing, Ross Recreation will require the following:
• Purchase Order (PO), signed quote or executed contract with approval for the order. • Deposit, if required by credit terms.
• Color selections and/or approved submittals.
• Acceptance of delivery when materials or equipment are ready to ship from the respective manufacturer/s. Products cannot be held nor stored by Ross Recreation nor the manufacturer/s.

If this quote is for a bid, it is the responsibility of the General Contractor to adjust and increase their bid pricing to ac commodate the project timeline if materials are needed after the expiration date on the provided quote and/or Ross Recreation's scope of work is expected to be completed after the expiration date on the provided quote.

Sales tax rates will be charged and determined by the Department of Tax and Fee Administration at the time of shipping, not t he order date. Any changes to the City/County tax rate and/or a change to the ship to address may affect the final total due on this contract. Customers will be required to pay for any changes to sales taxes. For this order, the sales tax rate was calculated using: (Tulare County/ Porterville 9.2500 %).

Page 3 of 6 ends

1. PRE-DELIVERY INSTRUCTIONS:

The contractor must notify Ross Recreation of any requested delivery changes at least two (2) weeks prior to shipment. If the delivery address on the contract is not correct, please contact our office immediately as a re-consignment fee may be added if materials ship and the delivery address is changed. If Ross Recreation is not installing your equipment, you are responsible for offloading and having equipment for offloading the shipment (i.e. - forklift or similar); the truck driver is not obligated to offload your shipment. If Ross Recreation is installing your equipment, the installers will offload the equipment. It is your responsibility to mark all underground utilities before installation (call USA North, 1-800-227-2600).

2. DELIVERY INSTRUCTIONS:

Make sure the materials and quantities match the freight bill/Bill of Lading (BOL) you are signing to ensure you are receivin g a complete and intact shipment. Make sure all pieces you are receiving are correctly addressed to the project and site, as truc ks carry multiple shipments. Any shortages or visible damage must be noted on both copies of the freight bill/Bill of Lading (BOL), and both copies signed. Jointly inspect each delivered piece for signs of damage (i.e. torn packaging, punctures, etc.) with t he driver.

Notations on the freight bill/Bill of Lading (BOL) should be as detailed as possible to avoid controversy at a later date if a claim is necessary. Taking photos of any damaged packaging is highly recommended for documentation.

2. POST-DELIVERY INSTRUCTIONS:

After receipt of order, inventory your shipment. All shortages must be reported within thirty (30) days of receiving your order. When inspecting the equipment, please minimize the amount of tearing of the packaging and do not dispose of packaging. If conce aled damage is found, a Carrier inspection must take place within fifteen (15) days from the time of delivery to protect your rights as the Consignee. Store your equipment in a safe and secure location before installation. Returns are subject to a restocki ng fee. Credit on returns is contingent upon credit issued from the manufacturer. Materials must be packaged well and received at the manufacturer in new and resalable condition.

3. DELAY:

Ross Recreation shall be excused for any delay in completion of the contract caused by acts of God, acts of the Owner or Contractor or the Owner’s or Contractor's agent, employee or independent contractor, weather, labor trouble, acts of public utilities, public bodies or inspectors, extra work, failure of the Owner or Contractor to make progress payments promptly, or other contingenci es unforeseeable by or beyond the reasonable control of Ross Recreation.

4. CONTRACT, PLANS AND SPECIFICATIONS:

The contract, plans and specifications are intended to supplement each other. In case of conflict, the specifications shall c ontrol the plans, and the provisions of this contract shall control both. The Project will be constructed according to the plans an d specifications and any addenda, which have been signed by the parties hereto.

5. CHANGE ORDERS:

Should the Contractor, Owner, inspector or other person direct any modification or addition to the work covered by this contr act, the contract price shall be adjusted accordingly. Modifications or additions to the work shall be executed only when a contra ct Change Order has been signed by both the Contractor and/or Owner and Ross Recreation. The change in the contract price caused by such contract Change Order shall be as agreed and approved in writing. If the parties are not in agreement as to the chang e in Contact Price, then Ross Recreation's actual cost for all labor, materials, subcontracts and costs associated with the change in scope, plus Ross Recreation's fee of twenty-five percent (25%) shall be the change in the final contract price and final amount due.

Ross Recreation shall promptly notify the Contractor or Owner of (1) a site differing materially from those indicated in this contract, (b) unknown physical conditions differing materially from those originally encountered and generally recognized as inherent in the work of the character provided for in this contract, or (c) any additional materials needed to complete the agreed upon scope of work. Any expenses incurred due to such conditions shall be paid for by Contractor or Owner as added work as outlined above.

Page 4 of 6 ends

6. RIGHT TO STOP WORK:

Ross Recreation shall have the right to stop work if any payment is not made under this Agreement and set credit terms. Ross Recreation may keep the job idle until all payments due are received. In the alternative, Ross Recreation may, at its option, terminate the contract and recover from the Contractor or Owner payment for all work executed to the date of such termination.

7. SITE CONDITIONS:

Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high-water table, unknown obstructions (ie - old footings, concrete, pipes, conduits, etc), and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred. Ross Recreation is not responsible for any additional costs or delays caused by unforesee n site conditions, including but not limited to contaminated soil, hidden utilities, archaeological findings, or other site conditions.

8. EXCLUSIONS/CLARIFICATIONS:

Permits, permit fees, licenses, inspections, site work, and any materials or labor unless specifically quoted and included in the approved scope of work are excluded.

Mobilization: Labor quoted by Ross Recreation is for one move-in and one move-out mobilization. Delays and/or multiple mobilizations due to inadequate site prep, project delays, or other reasons will require an additional mobilization fee by Ro ss Recreation.

Site Access: Customer must ensure that the site may be accessed by large machinery or equipment (i.e. a Bobcat tractor, lift, etc.) for use of moving equipment, footing excavation, and performing required installation work. Site access must be free from cur bs, concrete walkways, fencing, plantings, etc. If such conditions exist, Ross Recreation will do our best to gain access with minimal damage but will not be responsible for needed repairs made due to limited access to the site.

Labor/Installation: Ross Recreation will provide materials and installation (if applicable and quoted) only as quoted and per each manufacturer’s installation specifications, guidelines, and standard footing details. Installation includes the layout of the equipment, post-footing excavation based on the manufacturer’s standard footing details and specifications, concrete for footings, and complete assembly/installation of the purchased materials unless stated otherwise.

Underground Utilities: Services for underground utilities that are not marked by USA or other location services are not the responsibility of Ross Recreation. If utilities are inadvertently affected and damaged during the installation and completion of Ross Recreation's scope of work, Ross Recreation is not liable for repair nor any associated repair costs incurred by footing and/ or excavation work. Scan/X-ray services prior to the start of work to better identify utilities is highly recommended.

The correct and determined location of the equipment/structure(s) is the sole responsibility of the owner or designated archi tect, engineer or designer of the project. If the relocation of the equipment/structure(s) is required due to unknown site conditio ns, permits, project approvals or other occurrences, additional costs may be incurred for re-mobilization, new site considerations and conditions and/or other project specifics.

Existing ground cover or surfacing materials interfering with the installation will require a change order to include removal and/or disposal of materials. Landscape repairs are excluded, including irrigation or/and lines interfering with installation.

Third-party playground equipment inspection/certification to be completed independently from this contract and by others.

Project Security: Ross Recreation requires that the customer provide a secure site for the materials and installation of equi pment and surfacing. Ross Recreation is not responsible for providing site security nor safeguarding the worksite and providing materials against theft, vandalism, or other criminal activities unless specifically included in the scope of work. Any costs are the responsibility of the customer/Owner.

Page 5 of 6 ends

For rubberized surfacing installations, Ross Recreation will require the use of temporary cyclone fencing or a security guard for the curing period following the installation of the rubberized surfacing. If fencing or security is declined, Ross Recreation will require a waiver form provided and signed by the customer accepting liability for securing the site during the surfacing cure time of f ortyeight hours.

Ross Recreation excludes any work or items not explicitly listed in the ordered quote and scope of work or otherwise included by reference in this contract. Any additional materials and/or work requested shall be subject to a separate agreement or Change Order.

9. CLEAN-UP:

If Ross Recreation is installing your equipment, upon completion of work, Ross Recreation will remove debris and surplus mate rial created by its operation on Owner's property and leave the area where the construction occurred in a neat and broom clean condition.

Off haul of spoils from footings or other construction work is excluded from Ross Recreation's scope of work unless otherwise noted. The customer is to provide a location for spoils to be stored/distributed on-site. If spoils are to be removed from the site, Ross Recreation must be notified and included in the agreed scope of work.

10. ARBITRATION:

Any controversy arising out of this contract, construction of the project referred to in this contract or regarding the inter pretation of this contract, or any subcontract or sub-subcontract is subject to arbitration. Arbitration shall be had in accordance with the applicable rules of the American Arbitration Association which are in effect at the time the Demand for Arbitration is filed.

11. ATTORNEY FEES:

In the event, the parties hereto become involved in litigation arising out of this contract, or the performance or breach thereof, the court or arbitrator, in such litigation, or in separate suit, shall award reasonable costs, expenses , and attorney's fees to the prevailing party. The court or arbitrator shall not be bound by any court fee schedule and shall award the full amount of cos ts, expenses, and attorney's fees incurred in good faith.

12. ASSIGNMENT:

Neither party may assign this contract without the written consent of the other party.

13. HAZARDOUS MATERIALS:

Unless specifically called out in the contract, this contract does not contemplate the removal or disturbance of asbestos, lead, mold or other hazardous material. The Contractor or Owner warrants that no such material is present. In the event that such material is encountered, Ross Recreation shall stop work immediately and will not start work again until such hazardous materials are clear of the site.

14. NON UNION CONTRACTORS:

Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions; however compliance with prevailing wage rate requirements will occur in compliance with the Department of Industrial Relations (DIR) guidelines. If union enrollment is required by Ross Recreation's subcontractor and they are able, willing and agree to the enrollment for completion of this project, Ross Recreation will require a change order to cover the costs on a per project enrollment and additional wage/benefit requirements.

Page 6 of 6 ends

15. CONTRACTORS:

Contractors are required by law to be licensed, bonded, and regulated by the Contractor's State License Board whose address is:

Contractor's State License Board
P.O. Box 26000
Sacramento, CA 95826

Customer Signature
Customer Print Name
Date
Porterville City of
Attn: Amy Graybehl
291 North Main Street
Porterville, CA 93257
United States
[email protected]
Ship to Zip 93257
Quantity Part # Description Unit Price Amount
1 0319750 Superior - Custom Shade Design REPLACEMENT FABRIC - REPLACEMENT CANOPIES FOR SAIL SHADE1) CUSTOM REPLACEMENT CANOPY (SAIL A) TO FIT OPENING APPROXIMATELY 36’ X 29.5’ X 36' X 44' WITH QUICK TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
(1) REPLACEMENT TRIANGULAR CANOPY (SAIL B) TO FIT AN
OPENING APPROXIMATELY 34’ X 36’ X 43’ WITH QUICK
TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
(1) REPLACEMENT TRIANGULAR CANOPY (SAIL C) TO FIT AN
OPENING APPROXIMATELY 24' X 31’ X 35’ WITH QUICK
TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
(1) CUSTOM REPLACEMENT CANOPY (SAIL D) TO FIT
OPENING APPROXIMATELY 36.5’ X 42’ X 40' X 33' WITH QUICK TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
(1) REPLACEMENT TRIANGULAR CANOPY (SAIL E) TO FIT AN
OPENING APPROXIMATELY 28' X 32’ X 42’ WITH QUICK
TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
(1) REPLACEMENT TRIANGULAR CANOPY (SAIL F) TO FIT AN
OPENING APPROXIMATELY 22' X 24’ X 32’ WITH QUICK
TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
(1) REPLACEMENT TRIANGULAR CANOPY (SAIL G) TO FIT AN
OPENING APPROXIMATELY 29' X 35’ X 39’ WITH QUICK
TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
(1) REPLACEMENT TRIANGULAR CANOPY (SAIL H) TO FIT AN
OPENING APPROXIMATELY 28' X 32’ X 41’ WITH QUICK
TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
(1) CUSTOM REPLACEMENT CANOPY (SAIL I) TO FIT OPENING
APPROXIMATELY 28’ X 33’ X 33' X 33' WITH QUICK TENSION
AND RELEASE MECHANISMS, CABLES, & CLAMPS.
$57,670.00 $57,670.00

C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Email: [email protected]
Web: www.mrcrec.com
02/03/2026
Quote #
120282-01-01
CA Porterville City of Fallen Heroes Park Improvements - Replacement Shade Page 1 of 3
Quantity Part # Description Unit Price Amount
1 INSTALL Superior - INSTALLATION OF SHADE FABRICINCLUDES Offloading upon delivery
Storage and transportation to site
Temporary Orange Fencing
Remove existing Shade Sails and replace with new Sails
$44,000.00 $44,000.00
Sub Total $101,670.00
Freight $2,499.00
Tax $5,334.48
Total $109,503.48
Comments

PLEASE MAKE ALL FABRIC AND FAN COLOR SELECTIONS WHEN ORDERING JP/hd
This quotation is subject to policies in the current SUPERIOR CATALOG and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to SUPERIOR c/o MRC. Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services. Customer is responsible for any required permits and fees pertaining to such permits.

PRICING / PAYMENT: Pricing f.o.b. factory, firm for 30 days from date of quotation unless otherwise stated above. Payment terms: Purchase order made payable to SUPERIOR. Net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted.

TAXES: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.

FREIGHT/SHIPMENT: Freight charges: Prepaid and added at time of invoicing. Shipment: order shall ship within 14-16 Weeks after SUPERIOR'S receipt and acceptance of your PURCHASE ORDER, signed quotation and color selections. Some products may require longer lead times.

Consult with your Sales Representative for any extended lead times that may apply to your order.

RECEIPT OF GOODS: Customer is responsible for unloading and uncrating equipment from truck. Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment.

EXCLUSIONS: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; installation; installation tools/equipment; safety surfacing; borders and drainage provisions.

TO ORDER: Please complete the acceptance portion of this quotation and provide color selections, PURCHASE ORDER and other key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Email: [email protected]
Web: www.mrcrec.com
02/03/2026
Quote #
120282-01-01
CA Porterville City of Fallen Heroes Park Improvements - Replacement Shade Page 2 of 3
Acceptance of quotation: (ALL INFORMATION REQUIRED)
Accepted By (printed): ________________________________ P.O. No: ___________________________________ Signature: _____________________________________________ Date: ______________________________________ Title: __________________________________________________ Phone: _____________________________________ Email:_________________________________________________ Facsimilie: _________________________________ Purchase Amount: $109,503.48
Order Information: (ALL INFORMATION REQUIRED)
Bill To: ________________________________________________ Ship To: ____________________________________ Bill To Contact: ________________________________________ Ship To Contact: ___________________________ Bill To Email:___________________________________________ Ship To Email: ______________________________ Bill To Phone: _________________________________________ Ship To Phone: (Office):______________________ (Cell):________________________
Bill to Address: _________________________________________ Ship To Address: _____________________________ Bill To City, State, Zip: __________________________________ Ship To City, State, Zip: ________________________ SALES TAX EXEMPTION CERTIFICATE #:_____________________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
Quote prepared by: Jennifer Peterson/hd

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Acceptance of Grant Deed for Lombardi Subdivision Lift Station SOURCE: Engineering and Project Management
COMMENT: The subdivider, Presidio JJR Brookside 110, LLC, a Delaware Limited Liability Company, is nearing completion of the required public improvements for the Lombardi Subdivision. These improvements include the installation of a sewer lift station and the parcel of land upon which the lift station was constructed.

The dedication of the lift station parcel was not included as part of the final subdivision map and, as such, a separate dedication for said property is required. The developer has completed and submitted a Grant Deed of Dedication conveying the lift station parcel to the City of Porterville for public utility purposes. Acceptance of the Grant Deed is necessary to allow the City to assume responsibility for future operation, maintenance, and upkeep of the facility and to allow the remaining subdivision property to be sold.

The Grant Deed includes the legal description and plat of the property and has been properly executed and notarized.

RECOMMENDATION: That the City Council:

1. Accept the Grant Deed of Dedication from Presidio JJR Brookside 110, LLC for the Lombardi Subdivision lift station parcel;

2. Authorize the Mayor to execute the draft resolution accepting the Grant Deed of Dedication; and

3. Authorize the City Clerk to record the signed Grant Deed of Dedication.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Item No. 7.

Department Director:

Daniel Cervantez, Engineering and Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk RESOLUTION NO. _____ - 2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING A GRANT DEED FOR REAL PROPERTY, FOR PUBLIC UTILITY

PURPOSES FROM
BE IT RESOLVED by the City council of the City of Porterville that the City accepts a Grant Deed from JJR Brookside110 LLC, for real property for the purpose of public utility, in the City of Porterville, County of Tulare, State of California; to wit:

See Exhibits “A”, “B”, and attached hereto and made a part thereof.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign all necessary documents and said deed is to be recorded in the office of the Tulare county Recorder. The foregoing has been accepted by the City Council for the City of Porterville.

PASSED, APPROVED and ADOPTED this 17th day of February, 2026.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By:

Fernando Gabriel-Moraga, Chief Deputy City Clerk
RECORDING REQUESTED BY:

City of Porterville
When Recorded Mail Document ‘
City of Porterville
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

APN: PTN 245-570—052-000 SPACE ABOVE THIs LINE FOR RECORDER's USE

GRANT DEED
The undersigned grantor(s) declare(s)
[ X ] Documentary transfer tax None
[ ] computed on full value of property conveyed, or
[ ] computed on full value Iess value of liens or encumbrances remaining at time of sale, [ ] Unincorporated Area (X) City of Porterville
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Presidio JJR Brookside 110, LLC, a Delaware Limited Liability Company Grantor, does hereby GRANT, DEDICATE AND CONVEY in fee interest to The City of Porterville, a Municipal Corporation
Grantee, for public utility purposes, the following described real property in the City of Porterville, County of Tulare, State of California:

LEGAL DESCRIPTION MARKED EXHIBIT “A" AND PLAT MARKED EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE Dated: January [3%,2026
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.

SEE ATTACHED EXHIBIT “C” FOR SIGNATURE BLOCK
(Public Entity)
291 N Main Street
Porterville, CA 93257
1/26/2026
1/26/2026
EXHIBIT “C"
Presidio JJR Brookside 110 LLC, a Delaware limited liability company By: JJR Management Services, Inc.,
a California CorpOration, its Operating Manager
Jose h Its President
/&
& Secretary

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certincate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Tulare )
On January 13, 2026 before me, Amanda Ramos, Notary Public (insert name and title of the officer)
personally appeared Joseph A- Lea'
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Whitim'f

AMANDA RAMOS
Notary Public - California
Tulare County
,i m ;+. 239693
w
WITNESS my han and official seal.

Signature (Seal)
3'
Item No. 8.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Approval of Community Civic Event Application — Boys and Girls Clubs of the Sequoias "Love Our Kids 5K Fun Run and Walk" Event
SOURCE: Finance
COMMENT: The Boys and Girls Club of the Sequoias is requesting approval to hold the "Love Our Kids 5K Fun Run and Walk" event on Saturday, April 18, 2026, at the Sports Complex, from 8:30 AM to 12:30 PM. The event will utilize the perimeter of the Sports Complex, with the sponsor requesting access beginning at 7:30 AM for event setup prior to the start time. An outside amplifier permit has been approved from 8:30 AM to 11:30 AM.

The request has been submitted in accordance with the Community Civic Events Ordinance No. 1326, as amended. The application has been routed to and reviewed by all required City departments. All applicable requirements and conditions are outlined in the Application and Agreement, including Exhibit A, Exhibit B, and the Outside Amplifier Permit.

This event will allow the Boys & Girls Club of the Sequoias to host a safe and organized activity that benefits local youth and engages the community.

RECOMMENDATION: That the City Council approve the Community Civic Event application submitted by the Boys and Girls Clubs of the Sequoias for the "Love Our Kids 5K Fun Run and Walk" event on April 18, 2026, at the Sports Complex, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Outside Amplifier Permit.

ATTACHMENTS: 1. Community Civic Event Application and Agreement, Exhibit A, Exhibit B, Map, Outside Amplifier Permit, and Certificate of Liability Insurance.

Appropriated/Funded:

Item No. 8.

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 9.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Consideration of a Letter Opposing California Assembly Bill 1421 (MileageBased User Fee Study) SOURCE: City Manager's Office
COMMENT: Assembly Bill 1421 authorizes the continuation of a state-funded program to study and evaluate a mileage-based road usage charge as a potential alternative to the State’s existing fuel tax structure. The legislation continues the work of advisory bodies and requires additional research, coordination, and reporting to the Legislature related to a vehicle miles traveled (VMT) fee model.

The bill does not establish or impose a mileage-based tax. Instead, it extends the duration and scope of the State’s study and analysis efforts, including evaluation of administrative feasibility, privacy considerations, equity impacts, and potential revenue implications. Any implementation of a mileage-based user fee would require future legislative action.

The Mayor has requested that the City Council consider a formal letter expressing opposition to AB 1421. Approval of this item would authorize the transmittal of a Council position to the State Legislature regarding the continued funding of the mileage-based user fee study.

There is no direct fiscal impact to the City associated with approval of the proposed letter.

RECOMMENDATION: That the City Council:

1. Approve a letter of opposition to Assembly Bill 1421 and authorize the Mayor to execute the letter on behalf of the City Council; and

2. Direct the City Manager to transmit the letter to
Assemblymembers who voted in favor of the bill.

ATTACHMENTS: 1. Draft Letter
Item No. 9.

Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Subject: Opposition to AB 1421 – Continued Funding of Mileage-Based Tax Study Dear Assemblymember,
On behalf of the City Council and residents of the City of Porterville, I am writing to express strong opposition to Assembly Bill 1421, which continues state funding for a mileage-based road usage charge study.

At a time when California is facing a significant budget deficit, the continuation of this program represents a clear example of misplaced priorities and continued waste of taxpayer dollars. Californians already pay some of the highest fuel taxes, vehicle fees, and transportation-related charges in the nation. Rather than demonstrating accountability for how those funds have been managed, the State is choosing to spend additional resources studying a new tax concept that would further burden working residents.

The proposed mileage-based tax framework does not address the core issue facing California’s transportation system: decades of deferred road and highway maintenance driven by poor fiscal discipline and ineffective leadership. Instead of repairing existing infrastructure and responsibly managing current revenues, the State is advancing a policy that shifts the financial consequences of these failures onto hardworking Californians.

Communities like Porterville would be disproportionately impacted by a mileage-based tax. Residents in rural and semi-rural areas must travel longer distances for work, education, medical care, and basic services. A per-mile charge penalizes distance traveled rather than fuel consumption and would effectively raise taxes on families who already face rising costs of living and limited transportation alternatives.

The City of Porterville strongly rejects the notion that continued study of a mileage-based tax is a responsible or necessary use of public funds. This approach disguises long-standing policy failures under the banner of climate action while avoiding meaningful accountability for how existing transportation revenues have been spent.

For these reasons, I respectfully urge you to reconsider your support for AB 1421 and oppose any further efforts to continue or expand this program. California’s residents deserve leadership focused on fiscal responsibility, infrastructure maintenance, and real solutions, not additional studies that pave the way for higher taxes.

Sincerely,
Greg Meister
Mayor, City of Porterville
Item No. 10.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Repair Fire Department Command Vehicle #2214 SOURCE: Fire
COMMENT: Fire Department Command Vehicle #2214 sustained damage in a traffic accident and required repair. An initial inspection resulted in a repair estimate of $4,758.04, and the vehicle was released to Golden State Paint and Body for service.

During the repair process, additional damage was discovered that was not visible during the initial inspection. As a result, a supplemental repair estimate was prepared, increasing the total repair cost to $6,526.08.

Due to the extent of disassembly already completed and the operational need to return the vehicle to service, obtaining additional repair estimates was not practical. Continuing repairs with the current vendor is the most efficient and cost-effective option. Because of limited command vehicle availability, the supplemental repairs were authorized by the City Manager and Mayor to minimize service impacts.

Funding for the repair is available in the Fire Department’s Vehicle Equipment Replacement Fund.

RECOMMENDATION: That the City Council authorize Golden State Paint and Body to complete the repairs to the Fire Department command vehicle #2214 for a total cost of $6,526.08.

ATTACHMENTS: 1. Original Estimate

2. Supplemental Estimate
Appropriated/Funded:

Review By:

Department Director:

Item No. 10.

Bryan Cogburn, Fire Chief
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Golden State Paint and Body Workfile ID:

Federal ID:

Resale Number:

State EPA:

BAR:
a0c7fc1e
77-057-5597
97-884984
CAL000205607
141571
Always Quality First
1915 W. Olive Avenue, Porterville, CA 93257
Phone: (559) 781-3604
FAX: (559) 781-5802
Estimate of Record
RO Number: 50493
Written By: Ashley Heusdens, 2/3/2026 1:36:57 PM
Insured: Porterville Fire Department Policy #: Claim #:

Type of Loss: Date of Loss: Days to Repair: 0
Point of Impact: 11 Left Front
Owner: Inspection Location: Insurance Company:

Porterville Fire Department Golden State Paint and Body (805) 680-0597 Cell 1915 W. Olive Avenue
Porterville, CA 93257
Repair Facility
(559) 781-3604 Business

VEHICLE
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White VIN: 1GNSKLED5MR358543 Interior Color: Mileage In: 9 Vehicle Out:

License: 1620078 Exterior Color: White Mileage Out:

State: CA Production Date: Condition: Job #:

TRANSMISSION CONVENIENCE AM Radio Positraction
Automatic Transmission Air Conditioning FM Radio Lane Departure Warning Overdrive Intermittent Wipers Stereo ROOF
4 Wheel Drive Tilt Wheel Search/Seek Luggage/Roof Rack
POWER Cruise Control Auxiliary Audio Connection SEATS
Power Steering Rear Defogger SAFETY 3rd Row Seat
Power Brakes Keyless Entry Drivers Side Air Bag WHEELS
Power Windows Alarm Passenger Air Bag Aluminum/Alloy Wheels Power Locks Message Center Anti-Lock Brakes (4) PAINT
Power Mirrors Steering Wheel Touch Controls 4 Wheel Disc Brakes Clear Coat Paint Heated Mirrors Rear Window Wiper Traction Control TRUCK Power Driver Seat Telescopic Wheel Stability Control Trailer Hitch Power Passenger Seat Climate Control Front Side Impact Air Bags Trailering Package DECOR Dual Air Condition Head/Curtain Air Bags Running Boards/Side Steps Dual Mirrors Backup Camera Communications System
Privacy Glass Parking Sensors Hands Free Device
Console/Storage RADIO Xenon or L.E.D. Headlamps
2/6/2026 9:04:01 AM 025037 Page 1
Estimate of Record
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White Line Oper Description Part Number Qty Extended
Price $
Labor Paint
1 FRONT BUMPER & GRILLE
2 O/H front bumper 3.8
3 ** <> Repl Non OEM CAPA Bumper cover
w/o frt park assist
87813937 1 633.00 Incl. 3.3
4 Add for Clear Coat 1.3
5 ** Repl Non OEM Grille assy LS,

COMMERCIAL
85633891 1 651.00 Incl.
6 R&I Lower molding black Incl.
7 R&I License bracket 0.2
8 FRONT LAMPS
9 R&I LT Headlamp assy 0.5
10 Repl LT Headlamp assy center bracket 84849887 1 22.83 0.1 11 R&I RT Side marker lamp Incl.
12 Repl LT Side marker lamp 84776452 1 32.38 Incl.
13 FENDER
14 ** Repl Non OEM CAPA LT Fender 84384210 1 753.00 2.4 2.2 15 Overlap Major Non-Adj. Panel -0.2
16 Add for Clear Coat 0.4
17 Add for Edging 0.5
18 Repl LT Fender liner w/Z71, Police,
SSV
84856829 1 156.20 Incl.
19 PILLARS, ROCKER & FLOOR
20 * R&I LT Step bar assy black 0.7
21 VEHICLE DIAGNOSTICS
22 * Rpr Pre-repair scan m 0.5 M
23 * Rpr Post-repair scan m 0.5 M
24 MISCELLANEOUS OPERATIONS
25 Repl Cover car/bag 1 0.2
26 # Repl SPRAY TEST PANEL / TINT
COLOR
1 7.50 T 0.5
27 # Rpr DENIB/TEXTURE SAND & POLISH 1.0
28 ** Repl Non OEM Mask for primer 1 5.00 0.2
29 # Subl HAZARDOUS WASTE REMOVAL 1 12.00 X
30 # Repl Flex additive 1 12.00 T
31 # Alignment 1 140.00 X
SUBTOTALS 2,424.91 10.6 7.5
2/6/2026 9:04:01 AM 025037 Page 2
Estimate of Record
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White

ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 2,253.41
Body Labor 9.6 hrs @ $ 92.00 /hr 883.20
Paint Labor 7.5 hrs @ $ 92.00 /hr 690.00
Mechanical Labor 1.0 hrs @ $ 140.00 /hr 140.00
Paint 7.5 hrs @ $ 50.00 /hr 375.00
Miscellaneous 171.50
Subtotal 4,513.11
Sales Tax $ 2,647.91 @ 9.2500 % 244.93
Grand Total 4,758.04
MyPriceLink Estimate ID / Quote ID:
1446618234802413568 / 150770865

THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED. AFTER THE WORK HAS BEEN STARTED, WORN OR DAMAGED PARTS WHICH WERE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED. NATURALLY, THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. ALL PARTS WILL BE REPLACED WITH NEW PARTS UNLESS STATED OTHERWISE.

If, on further inspection, additional parts or repairs are needed, you will be contacted for authorization. We are not responsible for personal property left in your vehicle during repairs. All tests will be made by our employees at your risk. All repairs must be paid for in full, including the deductible, before vehicle can be released, unless prior arrangements are made.
2/6/2026 9:04:01 AM 025037 Page 3
Estimate of Record
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM. ANY PERSON

WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT INFORMATION TO OBTAIN OR AMEND INSURANCE

COVERAGE OR TO MAKE A CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON.

THIS ESTIMATE IS FOR REPAIRS TO MEET VEHICLE MANUFACTURER AND INDUSTRY STANDARDS. AS THE

CUSTOMER, IT IS YOUR RESPONSIBILITY TO CONTACT THE THIRD-PARTY PAYOR FOR PAYMENT OF THE REPAIRS YOU HAVE AUTHORIZED.

THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY

BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:

MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART,
A=APPROXIMATE PRICE. LABOR TYPES: B=BODY LABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR, S=STRUCTURAL, T=TAXED MISCELLANEOUS, X=NON TAXED
MISCELLANEOUS. CCC ONE: ADJ=ADJACENT, ALGN=ALIGN,
A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE
PARTS ASSOCIATION, D&R=DISCONNECT AND RECONNECT,
EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON-ADJ=NON ADJACENT, O/H=OVERHAUL,
OP=OPERATION, NO=LINE NUMBER, QTY=QUANTITY,
RECOND=RECONDITION, REFN=REFINISH, REPL=REPLACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR, RT=RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_ SYMBOLS: #=MANUAL LINE ENTRY, *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED], **=DATABASE LINE WITH AFTERMARKET, N=NOTES ATTACHED TO LINE. OPT OEM=ORIGINAL EQUIPMENT

MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT.
""CURE TIME"" MEANS THE LENGTH OF TIME THAT, PER THE ADHESIVE

MANUFACTURER, THE WINDSHIELD ADHESIVE NEEDS TO CURE UNTIL THE

WINDSHIELD CAN PROPERLY FUNCTION AS A SAFETY DEVICE PURSUANT

TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS AND THE
VEHICLE MANUFACTURER'S SPECIFICATIONS.

THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS

ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE.
2/6/2026 9:04:01 AM 025037 Page 4
Estimate of Record
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR1GC21, CCC Data Date 02/02/2026, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source.

Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries.

Some 2024 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership.

The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced:

SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.

X=Miscellaneous Non-Taxed charge category.

SYMBOLS FOLLOWING LABOR:

D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.

M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.

OTHER SYMBOLS AND ABBREVIATIONS:

Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.

CAPA=Certified Automotive Parts Association. CFC=Carbon Fiber.

D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part.

O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. STS=Stainless Steel. Subl=Sublet.

UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.

CCC ONE Estimating - A product of CCC Intelligent Solutions Inc.

The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE:

BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 2/6/2026 9:04:01 AM 025037 Page 5
Estimate of Record
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White

PARTS SUPPLIER LIST
Line Supplier Description Price
3 Keystone, Inc #GM1000A45C $ 633.00
3131 S NORTHPOINTE DR, SUITE 103 Non OEM CAPA Bumper cover w/o frt park assist FRESNO CA 93725 Quote: 3322940629
(559) 268-8146 Expires: 03/16/26
5 Keystone, Inc #GM1200828 $ 651.00
3131 S NORTHPOINTE DR, SUITE 103 Non OEM Grille assy LS, COMMERCIAL FRESNO CA 93725 Quote: 3322945576
(559) 268-8146 Expires: 03/16/26
14 Keystone, Inc #GM1240418C $ 753.00
3131 S NORTHPOINTE DR, SUITE 103 Non OEM CAPA LT Fender FRESNO CA 93725 Quote: 3322950089
(559) 268-8146 Expires: 03/16/26
2/6/2026 9:04:01 AM 025037 Page 6
Golden State Paint and Body Workfile ID:

Federal ID:

Resale Number:

State EPA:

BAR:
a0c7fc1e
77-057-5597
97-884984
CAL000205607
141571
Always Quality First
1915 W. Olive Avenue, Porterville, CA 93257
Phone: (559) 781-3604
FAX: (559) 781-5802
Preliminary Supplement 1 with Summary
RO Number: 50493
Written By: Ashley Heusdens
Insured: Porterville Fire Department Policy #: Claim #:

Type of Loss: Date of Loss: Days to Repair: 0
Point of Impact: 11 Left Front
Owner: Inspection Location: Insurance Company:

Porterville Fire Department Golden State Paint and Body (805) 680-0597 Cell 1915 W. Olive Avenue
Porterville, CA 93257
Repair Facility
(559) 781-3604 Business

VEHICLE
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White VIN: 1GNSKLED5MR358543 Interior Color: Mileage In: 9 Vehicle Out:

License: 1620078 Exterior Color: White Mileage Out:

State: CA Production Date: Condition: Job #:

TRANSMISSION CONVENIENCE AM Radio Positraction
Automatic Transmission Air Conditioning FM Radio Lane Departure Warning Overdrive Intermittent Wipers Stereo ROOF
4 Wheel Drive Tilt Wheel Search/Seek Luggage/Roof Rack
POWER Cruise Control Auxiliary Audio Connection SEATS
Power Steering Rear Defogger SAFETY 3rd Row Seat
Power Brakes Keyless Entry Drivers Side Air Bag WHEELS
Power Windows Alarm Passenger Air Bag Aluminum/Alloy Wheels Power Locks Message Center Anti-Lock Brakes (4) PAINT
Power Mirrors Steering Wheel Touch Controls 4 Wheel Disc Brakes Clear Coat Paint Heated Mirrors Rear Window Wiper Traction Control TRUCK Power Driver Seat Telescopic Wheel Stability Control Trailer Hitch Power Passenger Seat Climate Control Front Side Impact Air Bags Trailering Package DECOR Dual Air Condition Head/Curtain Air Bags Running Boards/Side Steps Dual Mirrors Backup Camera Communications System
Privacy Glass Parking Sensors Hands Free Device
Console/Storage RADIO Xenon or L.E.D. Headlamps
2/4/2026 11:26:38 AM 025037 Page 1
Preliminary Supplement 1 with Summary
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White Line Oper Description Part Number Qty Extended
Price $
Labor Paint
1 FRONT BUMPER & GRILLE
2 O/H front bumper 3.8
3 ** <> Repl Non OEM CAPA Bumper cover
w/o frt park assist
87813937 1 633.00 Incl. 3.3
4 Add for Clear Coat 1.3
5 ** Repl Non OEM Grille assy LS,

COMMERCIAL
85633891 1 651.00 Incl.
6 S01 R&I Lower cover Incl.
7 * <> S01 Rpr Lower cover 2.0 1.8
8 S01 Overlap Major Non-Adj. Panel -0.2
9 S01 Add for Clear Coat 0.3
10 S01 Repl LT Guide 85594225 1 19.88 0.1
11 # S01 R&I Transfer grille wiring Incl.

Note: Included op
12 R&I Lower molding black Incl.
13 R&I License bracket 0.2
14 FRONT LAMPS
15 S01 Repl LT Headlamp assy 85123917 1 1,049.95 0.5
16 S01 Aim headlamps 0.5
17 R&I RT Side marker lamp Incl.
18 Repl LT Side marker lamp 84776452 1 32.38 Incl.
19 HOOD
20 * S01 R&I Release lever 0.2
21 FENDER
22 ** Repl Non OEM CAPA LT Fender 84384210 1 753.00 2.4 2.2 23 Overlap Major Non-Adj. Panel -0.2
24 Add for Clear Coat 0.4
25 Add for Edging 0.5
26 Repl LT Fender liner w/Z71, Police,
SSV
84856829 1 156.20 Incl.
27 # S01 R&I LT Fire light 0.2
28 ENGINE
29 S01 R&I Air inlet grille Incl.
30 PILLARS, ROCKER & FLOOR
31 * R&I LT Step bar assy black 0.7
32 * S01 R&I Loosen LT Frt rocker mldg w/o
pwr assist step

0.4 33 VEHICLE DIAGNOSTICS
34 * Rpr Pre-repair scan m 0.5 M
35 * Rpr Post-repair scan m 0.5 M
36 # S01 Steering angle sensor 1 0.3 M
37 MISCELLANEOUS OPERATIONS
38 Repl Cover car/bag 1 0.2
39 # Repl SPRAY TEST PANEL / TINT 1 7.50 T 0.5
2/4/2026 11:26:38 AM 025037 Page 2
Preliminary Supplement 1 with Summary
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White COLOR
40 # Rpr DENIB/TEXTURE SAND & POLISH 1.0
41 ** Repl Non OEM Mask for primer 1 5.00 0.2
42 # Subl HAZARDOUS WASTE REMOVAL 1 12.00 X
43 # Repl Flex additive 1 12.00 T
44 # Alignment 1 140.00 X
SUBTOTALS 3,471.91 14.2 9.4

ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 3,300.41
Body Labor 12.9 hrs @ $ 92.00 /hr 1,186.80
Paint Labor 9.4 hrs @ $ 92.00 /hr 864.80
Mechanical Labor 1.3 hrs @ $ 140.00 /hr 182.00
Paint 9.4 hrs @ $ 50.00 /hr 470.00
Miscellaneous 171.50
Subtotal 6,175.51
Sales Tax $ 3,789.91 @ 9.2500 % 350.57
Grand Total 6,526.08
MyPriceLink Estimate ID / Quote ID:
1446618234802413568 / 150770865
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Preliminary Supplement 1 with Summary
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White

SUPPLEMENT SUMMARY
Line Oper Description Part Number Qty Extended
Price $
Labor Paint
Deleted Items
9 R&I LT Headlamp assy -0.5
10 Repl LT Headlamp assy center bracket 84849887 1 -22.83 -0.1 Added Items
6 S01 R&I Lower cover Incl.
7 * <> S01 Rpr Lower cover 2.0 1.8
8 S01 Overlap Major Non-Adj. Panel -0.2
9 S01 Add for Clear Coat 0.3
10 S01 Repl LT Guide 85594225 1 19.88 0.1
11 # S01 R&I Transfer grille wiring Incl.

NOTE: Included op
15 S01 Repl LT Headlamp assy 85123917 1 1,049.95 0.5
16 S01 Aim headlamps 0.5
19 HOOD
20 * S01 R&I Release lever 0.2
27 # S01 R&I LT Fire light 0.2
28 ENGINE
29 S01 R&I Air inlet grille Incl.
32 * S01 R&I Loosen LT Frt rocker mldg w/o
pwr assist step

0.4 36 # S01 Steering angle sensor 1 0.3 M
SUBTOTALS 1,047.00 3.6 1.9

TOTALS SUMMARY
Category Basis Rate Cost $
Parts 1,047.00
Body Labor 3.3 hrs @ $ 92.00 /hr 303.60
Paint Labor 1.9 hrs @ $ 92.00 /hr 174.80
Mechanical Labor 0.3 hrs @ $ 140.00 /hr 42.00
Paint 1.9 hrs @ $ 50.00 /hr 95.00
Subtotal 1,662.40
Sales Tax $ 1,142.00 @ 9.2500 % 105.64
Total Supplement Amount 1,768.04
NET COST OF SUPPLEMENT 1,768.04
MyPriceLink Estimate ID / Quote ID:
1446618234802413568 / 150770865
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Preliminary Supplement 1 with Summary
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White

CUMULATIVE EFFECTS OF SUPPLEMENT(S)
Estimate 4,758.04 Ashley Heusdens
Supplement S01 1,768.04 Ashley Heusdens
Job Total: $ 6,526.08

FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM. ANY PERSON

WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT INFORMATION TO OBTAIN OR AMEND INSURANCE

COVERAGE OR TO MAKE A CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON.

THIS ESTIMATE IS FOR REPAIRS TO MEET VEHICLE MANUFACTURER AND INDUSTRY STANDARDS. AS THE

CUSTOMER, IT IS YOUR RESPONSIBILITY TO CONTACT THE THIRD-PARTY PAYOR FOR PAYMENT OF THE REPAIRS YOU HAVE AUTHORIZED.

THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY

BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:

MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART,
A=APPROXIMATE PRICE. LABOR TYPES: B=BODY LABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR, S=STRUCTURAL, T=TAXED MISCELLANEOUS, X=NON TAXED
MISCELLANEOUS. CCC ONE: ADJ=ADJACENT, ALGN=ALIGN,
A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE
PARTS ASSOCIATION, D&R=DISCONNECT AND RECONNECT,
EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON-ADJ=NON ADJACENT, O/H=OVERHAUL,
OP=OPERATION, NO=LINE NUMBER, QTY=QUANTITY,
RECOND=RECONDITION, REFN=REFINISH, REPL=REPLACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR, RT=RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_ 2/4/2026 11:26:38 AM 025037 Page 5
Preliminary Supplement 1 with Summary
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White SYMBOLS: #=MANUAL LINE ENTRY, *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED], **=DATABASE LINE WITH AFTERMARKET, N=NOTES ATTACHED TO LINE. OPT OEM=ORIGINAL EQUIPMENT

MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT.
""CURE TIME"" MEANS THE LENGTH OF TIME THAT, PER THE ADHESIVE

MANUFACTURER, THE WINDSHIELD ADHESIVE NEEDS TO CURE UNTIL THE

WINDSHIELD CAN PROPERLY FUNCTION AS A SAFETY DEVICE PURSUANT

TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS AND THE
VEHICLE MANUFACTURER'S SPECIFICATIONS.

THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS

ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE.
2/4/2026 11:26:38 AM 025037 Page 6
Preliminary Supplement 1 with Summary
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR1GC21, CCC Data Date 02/02/2026, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source.

The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced:

SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.

X=Miscellaneous Non-Taxed charge category.

SYMBOLS FOLLOWING LABOR:

D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.

M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.

OTHER SYMBOLS AND ABBREVIATIONS:

Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.

CAPA=Certified Automotive Parts Association. CFC=Carbon Fiber.

O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. STS=Stainless Steel. Subl=Sublet.

UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.

CCC ONE Estimating - A product of CCC Intelligent Solutions Inc.

The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE:

BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 2/4/2026 11:26:38 AM 025037 Page 7
Preliminary Supplement 1 with Summary
RO Number: 50493
2021 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Gasoline Direct Injection White

PARTS SUPPLIER LIST
Line Supplier Description Price
3 Keystone, Inc #GM1000A45C $ 633.00
3131 S NORTHPOINTE DR, SUITE 103 Non OEM CAPA Bumper cover w/o frt park assist FRESNO CA 93725 Quote: 3322940629
(559) 268-8146 Expires: 03/16/26
5 Keystone, Inc #GM1200828 $ 651.00
3131 S NORTHPOINTE DR, SUITE 103 Non OEM Grille assy LS, COMMERCIAL FRESNO CA 93725 Quote: 3322945576
(559) 268-8146 Expires: 03/16/26
22 Keystone, Inc #GM1240418C $ 753.00
3131 S NORTHPOINTE DR, SUITE 103 Non OEM CAPA LT Fender FRESNO CA 93725 Quote: 3322950089
(559) 268-8146 Expires: 03/16/26
2/4/2026 11:26:38 AM 025037 Page 8
Item No. 11.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Purchase Additional Lighted Bus Stop Sign Poles SOURCE: Transportation
COMMENT: On May 20, 2025, the City Council authorized the Bus Stop Sign Replacement Project, including the purchase of one hundred (100) lighted bus stop sign poles from Smart Era Lighting Systems (SELS). Since that approval, recent transit route adjustments and service changes have resulted in the establishment of additional bus stop locations that were not included in the original project scope.

To ensure consistent signage, visibility, and customer information at these new locations, staff has identified the need to purchase an additional twenty-four (24) lighted bus stop sign poles. The additional poles will match the original design and specifications to maintain uniformity across the transit system.

SELS has provided pricing for the additional poles in the amount of $53,988.00, which does not include sales tax. Sales tax will be paid directly by the City at the time of invoicing. Including estimated sales tax, freight, and a 10% contingency, the total authorization requested is $64,880.08. Funding for this purchase will be provided through Federal Transit Administration (FTA) funds (80%) and Local Transporation Funds (LTF) for the required 20% local match.

RECOMMENDATION: That the City Council authorize the purchase of twenty-four (24) additional lighted bus stop sign poles from Smart Era Lighting Systems (SELS) for the Bus Stop Sign Replacement Project in an amount not to exceed $64,880.08.

ATTACHMENTS: 1. SELS Quote 2-5-2026
Appropriated/Funded:

Review By:

Department Director:

Item No. 11.

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk SELS - Smart Era Lighting Systems 704-495-3535
1710 King Street [email protected]
High Point, NC 27260 [email protected]
Date: 02/05/2026 24/25/-SR1996
To City of Porterville
RFP No. 24/25-SR1996

BUS STOP SIGNS
Reference: CITY OF PORTERVILLE
Item Description of Goods & Services Qty Price Total
1 24 $ 1,499.00 $ 35,976.00
2 24 $ 562.50 $ 13,500.00
3 24 $ 141.00 $ 3,384.00
4 24 $ 47.00 $ 1,128.00
Total Amount $ 53,988.00
Total: Two hundred twenty-two thousand nine hundred fifty dollars.

Note: Tax will be applied at the time of invoicing unless a valid tax-exempt certificate is provided.

Amount
Total Quotation Price
For and on behalf of
SELS USA LLC www.SELSsolar.com Page 1 of 1
Note: This quote must be accepted with the signature of the pilot program and agreement to the terms. The timeframe for the term must be verified with agency
Quote
Quote Number:

Lilly Pad Pole and 2 Seats, (red powder coat seating, blue powder coat pole) Schedule Holder
Double Sided with reflective surface - T&T Signs
RFP: 24/25-SR1996
Solar Panel: 33W solar panel / Battery: 30.Ah, 12.8V Lithium Iron Phosphate (LiFePO4) battery / LED Output: Up to 2000 Lumens / Secondary Lights: Standard Color Red This material is intended solely for use by the addressee and its agents at addressee organization. This quote request is sent to compare available offers and does not imply entering into a legally binding agreement. Quote valid for 60 days from date of issue. $ 53,988.00
$ -
$ 53,988.00
Tax
Note: SELS can provide full installation of the TPS Solar Light units for the City of Porterville, including permit acquisition and compliance with all city requirements. The cost per unit is $515 Item No. 12.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization for Access to State and Federal Summary Criminal History Information
SOURCE: Administrative Services
COMMENT: California Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts, and joint powers authorities to access state and local summary criminal history information for employment purposes. These statutes also authorize access to federal criminal history information by submitting fingerprint images and related information to the California Department of Justice (DOJ), which then transmits the information to the Federal Bureau of Investigation (FBI).

State law requires that a city’s governing body specifically authorize such access by resolution. In addition, the statutes require that there be a requirement or exclusion from employment based on specific criminal conduct in order to obtain access to state and federal summary criminal history information.

The City of Porterville currently conducts background checks for certain positions; however, the Police Department is presently the only department authorized to directly receive state and federal criminal history information. As a result, the Human Resources Division must rely on indirect coordination, which can create inefficiencies and delays during the recruitment and onboarding process.

Formal City Council authorization is required to allow the Human Resources Division within the Administration Department to directly access state and federal summary criminal history information for employment purposes, including for volunteers and contract employees, as applicable. Granting this authority will streamline hiring processes, improve operational efficiency, and ensure compliance with statutory requirements.

The attached draft resolution includes language establishing the required employment-related use and exclusion criteria necessary under state law to authorize such access.

Item No. 12.

RECOMMENDATION: That the City Council adopt a resolution authorizing the Human Resources Division of the Administration Department to access state and federal level summary criminal history information for employment purposes, including volunteers and contract
employees.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk RESOLUTION NO. ______-2026

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AUTHORIZING THE HUMAN

RESOURCES DIVISION IN THE ADMINISTRATION DEPARTMENT OF THE CITY OF PORTERVILLE

TO ACCESS STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts and joint powers authorities to access state and local summary criminal history information for employment; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts and joint powers authorities to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a requirement or exclusion from employment based on specific criminal conduct on the part of the subject of the record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city council, board of supervisors, governing body of a city, county or district or joint powers authority to specifically authorize access to summary criminal history information for employment.

NOW THEREFORE, BE IT RESOLVED, that the City of Porterville Human Resources Division is hereby authorized to access state and federal level summary criminal history information for employment with the City of Porterville (including volunteers and contract employees) and may not disseminate the information to a private entity; and BE IT FURTHER RESOLVED that the City of Porterville Human of Resources Division shall not consider a person who has been convicted of a violent or serious felony or misdemeanor eligible for employment (including volunteers and contract employees, if applicable).

The Clerk of the City of Porterville shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 17th day of February, 2026. ____________________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: __________________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 13.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Repair HVAC System at Fire Station 73 SOURCE: Fire
COMMENT: During routine maintenance performed on February 2, 2026, by Emcor Services, a leak in the evaporator coil of the HVAC system at Station 73 was identified. This issue requires immediate attention to maintain the operational efficiency and comfort of the facility. As this issue was discovered during routine maintenance under our service contract, no additional quotes were requested.

The proposed work to be performed by Emcor Services includes the replacement of the evaporator coil, as outlined in the quote, to restore proper operation of the HVAC system. The total cost of the proposed repair is $18,035. Funding for this repair is available in the Fire Department's Equipment Replacement Fund.

RECOMMENDATION: That the City Council approve HVAC system repairs at Fire Station 73 to be performed by EMCOR Services under the City’s existing service contract, in an amount not to exceed $18,035.

ATTACHMENTS: 1. Fire Station 73 Evaporator Coil Replacement Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Quote #
26-083114
CA 93257 CA 93257
Unit #:

Make:

Model #:

Serial #:

SCOPE OF WORK / DIAGNOSIS:

ADDITIONAL INFORMATION
$18,035
$18,576
EMCOR: Accepted By:

Title: Title:

Date:

PO# (If Applicable):

By accepting this proposal the purchaser agrees to the attached terms and conditions. This quotation will be valid for a period of 30 days and payment is due 30 days from invoicing. If payment is not received interest will accrue at the rate of 1.5% per month. If an action is brought for collection the prevailing party shall be entitled to attorney's fees.

WARNING: Contractors are required by law to be licensed by the Contractor's State License Board which has jurisdiction to investigate complaints against Contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 26000, Sacramento, CA 95826
[California Business and Professional Code 7030(a)]
Andrew Villarreal
Customer Service Rep
City of Porterville
SUBMITTED TO: JOB LOCATION:

February 2, 2026
Fire Station 73
VRF- Break Room
Evaporator Coil Replacement
Porterville
Sarah Weaver
1062 S Jaye St
Porterville
Sarah Weaver
291 N. Main St
FACILITY STATUS / URGENCY:

Trane
During our last visit our Technician identified a leak in the evaporator coil . Recommendation follows:
1). Loto to isolate power to unit. Recover R-410A refrigerant from the system. 2). Remove and replace the evaporator coil. Pressurize system with nitrogen and verify no leaks present. 3). Evacuate system to proper vacuum levels.
4). Recharge system with recovered refrigerant and add an additional 15–20 lbs of R410A as required. 5). Adjust charge to achieve approximately 10°F of superheat. 6). Remove loto and start unit and verify proper operation. 7). Clean-up work area and report to customer of completed work. **THIS PROPOSAL IS ONLY VALID FOR 10 DAYS*** ***ALL SALES WITH MATERIALS ARE FINAL*** All work to be done during normal working hours and days. Excludes anything other than listed above.

The total cost, including all labor, materials and taxes is (Paid by Check):

There is a 3% Fee for paying by credit card, The total cost is:

TVD0048B100NB
Y7HTPALD400021V
3980 N Chestnut Diagonal.

Fresno, CA 93726
Service: (559) 277-7900
Fax: (559) 277-4920
CA Lic. 611215
Equipment Repair Estimate
Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy 26-083114 COP Firestation 73 Evaporator Coil Replacement Confidential Terms and Conditions
The following "Terms and Conditions" are between Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy and City of Porterville hereto after referred to as "you the client".

A. The guarantees and services provided under the scope of this agreement are conditioned upon “you the client” operating and maintaining systems/equipment. “You the client” will do so in according to industry-accepted practices, or in consideration of our recommendations.

B. “You the client” will provide and permit reasonable access to all areas where work is to be performed. Mesa Energy Systems Inc dba EMCOR Services Mesa Energy will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services.

C. Any repairs or services resulting from power failures, freezing, roof leaks through curbs or equipment, or air side corrosion will be paid for by the “you the client” in accordance with Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy current established rates.

D. The agreement does not include responsibility for system design deficiencies, such as, but not limited to poor air distribution, water flow imbalances, system equipment and component obsolescence, electrical failures, unserviceable equipment, and operating the system(s), unless otherwise stated in this Agreement.

E. Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy will not be liable for delays or failure to obligate due to fire, flood, strike, lockout, freezing, unavailability of material, riots, acts of god, or any cause beyond reasonable control.

F. Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy is not responsible for the removal or disposal of any hazardous materials or any cost associated with these materials unless otherwise noted in this Agreement.

G. The agreement does not include repairing any damage resulting from improper/inadequate water treatment or filter service not supplied by Mesa Energy Systems, Inc. EMCOR Services Mesa Energy.

H. This agreement does not include any services occasioned by improper operation, negligence, vandalism, or alterations, modifications, abuse, or misuse, or repairs to equipment not performed by Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy. Unless otherwise agreed, also excluded is the furnishing of materials and supplies for painting or refurbishing existing equipment.

I. Mesa Energy Systems, Inc. dba Emcor Services Mesa Energy shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, Federal State Municipal or other authorities except as otherwise included in this Agreement.

J. In the event either party must commence a legal action in order to enforce any rights under this contract, the successful party shall be entitled to all court costs and reasonable attorney’s fees as determined by the court for prosecuting and defending the claim, as the case may be.

K. Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. It shall not be liable for expense incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this Agreement. It shall not be held liable for any loss by reason of strikes or labor troubles affecting its employees who perform the service called for herein, delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control.

L. Only Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy personnel or agent are authorized to perform the work included in the scope of this agreement. Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy may, at its option, cancel or waive its obligations under this Agreement should non-authorized individuals perform such work.

M. This Agreement and all rights hereunder shall not be assignable unless approved by Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy. In the event of additional freight, labor, or material costs resulting from “you the client” request to avoid delays with respect to equipment warranties, or accelerated delivery of parts and supplies, “You the client” agrees to pay these additional costs at Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy current rates.

N. The scope of work shall not include the identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event Mesa Energy Systems, Inc. EMCOR Services Mesa Energy encounters such material in performing its work, Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy will have the right to discontinue work and remove its employees until the hazard is corrected or its determined no hazard exists.

O. This Agreement contains the entire Contract and the parties hereby agree that this Agreement has been agreed to and the entire Agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or, understanding, oral or written, not contained herein, will be recognized or enforced.

P. This agreement does not include the disposal of hazardous waste; any charges incurred for their proper disposal will be born by "you the client" as an extra to the contract price.

Q. “You the client” agrees that in the event that there shall have been passed a federal and/or state law which shall compel Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy to contribute to a federal and/or state health plan for its employees, then the terms of this Agreement shall be subject to adjustment to the extent that the cost of such mandated contributions increase by Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy cost of performing this contract.

R. “You the client” acknowledges and agrees that any purchase order issued by “you the client” in accordance with this Agreement, is intended only to establish payment authority for “you the client” internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this agreement. No term or condition included in the “you the client” purchase order will have any force or effect.

S. This proposal is made contingent upon the work addressed herein not being adversely affected, either directly or indirectly, by the COVID-19 pandemic and/or the Corona virus, and is further conditioned upon the parties agreeing, prior to beginning of any work and in writing as part of any contract, that any (i) schedule issues (including, but not limited to, delays, access issues, or allowed work hours/off-hours work), (ii) overtime hours, or (iii) additional protocols, altered working conditions, or extra costs relating thereto, that arise as a result of the COVID-19 pandemic or Corona virus will entitle contractor to an equitable adjustment for time and cost.

Mesa Energy Systems, Inc. dba EMCOR Services Mesa Energy 26-083114 COP Firestation 73 Evaporator Coil Replacement Confidential Item No. 14.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Execute the First Amendment to the Land Lease Agreement with American Tower
SOURCE: Finance
COMMENT: On April 30, 2008, the City of Porterville entered into a Land Lease Agreement for the installation and operation of a wireless communications facility located at 500 Newcomb Street. The lease allows for the placement and operation of a cellular communications tower and related equipment on City-owned property and has provided a consistent revenue source to the City for more than fifteen years.

American Tower, the current lessee and operator of the facility, has requested an amendment to the existing lease to extend the term and secure the longterm viability of the site. The proposed First Amendment to the Land Lease Agreement provides for additional renewal options, modifies rent escalation provisions, and includes a one-time lease consideration payment to the City.

Under the existing lease, the agreement includes multiple renewal options.

The proposed amendment adds seven (7) additional five-year renewal terms, which will automatically renew unless either party provides timely notice of non-renewal, extending the potential lease term through April 30, 2068. This amendment provides long-term certainty for both the City and the lessee while preserving the City’s ability to terminate the lease in the event of an uncured material default.

The initial base rent amount remains unchanged under the amended lease.

However, the amendment modifies the rent escalation structure. Specifically, the First Amendment:
• Supersedes and nullifies all prior rent escalation provisions contained in the original lease; and
• Establishes rent increases of ten percent (10%) every five (5) years, beginning May 1, 2028, and continuing for the duration of the lease term.

Item No. 14.

This change provides a predictable and structured escalation schedule while maintaining the existing base rent at the outset of the amended term.

As part of the amendment, American Tower will provide the City with a onetime lease consideration payment in the amount of $100,000. This payment is a condition precedent to the effectiveness of the amended lease and is not contractually restricted to a specific use. Staff proposes that these funds be allocated to support upcoming America 250 community celebrations and related civic initiatives, subject to City Council direction.

The amended lease maintains the City’s ability to terminate the agreement in the event of a material default by the lessee that is not cured within the timeframes specified in the agreement. While cure periods are provided where the lessee is actively and diligently pursuing correction, the City retains enforcement authority consistent with the terms of the amended lease.

Approval of the First Amendment provides the City with long-term lease stability, continued wireless service coverage, predictable future rent increases, and an immediate one-time revenue benefit. The lease does not require City operational expenditures, does not impact the General Fund, and continues to place responsibility for facility operation, maintenance, insurance, and compliance on the lessee.

RECOMMENDATION: That the City Council authorize the Mayor and City Manager to execute the First Amendment to the Land Lease Agreement with American Tower to extend the lease term through April 30, 2068, modify rent escalation provisions to provide for ten percent (10%) increases every five (5) years, and accept a onetime lease consideration payment in the amount of $100,000.

ATTACHMENTS: 1. First Amendment to Land Lease Agreement

2. American Tower Original Agreement

3. American Tower Lease Amendment Letter
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA

THE FIRST AMENDMENT TO LAND LEASE AGREEMENT
This First Amendment to Land Lease Agreement (this “Amendment”) is made effective as of the latter signature date hereof (the “Effective Date”) by and between City of Porterville, a municipal corporation (“Landlord”) and Fresno MSA Limited Partnership d/b/a Verizon Wireless (“Tenant”) (Landlord and Tenant being collectively referred to herein as the “Parties”).

RECITALS
WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”); and
WHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Land Lease Agreement dated March 27, 2008 (as the same may have been amended, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises are also described on Exhibit A; and WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company (“American Tower”), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein; and WHEREAS, Tenant has granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and
WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to otherwise modify the Lease as expressly provided herein.

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

1. One-Time Payment. Tenant shall pay to Landlord a one-time payment in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00), payable within thirty (30) days of the Effective Date and subject to the following conditions precedent: (a) Tenant’s receipt of this Amendment executed by Landlord, on or before March 31, 2026; (b) Tenant’s confirmation that Landlord’s statements as further set forth in this Amendment are true, accurate, and complete, including verification of Landlord’s ownership; (c) Tenant’s receipt of any documents and other items reasonably requested by Tenant in order to effectuate the transaction and payment contemplated herein; and (d) receipt by Tenant of an original Memorandum (as defined herein) executed by Landlord.

2. Lease Term Extended. Notwithstanding anything to the contrary contained in the Lease or this Amendment, the Parties agree the Lease originally commenced on May 1, 2008 and, without giving effect to the terms of this Amendment but assuming the exercise by Tenant of all remaining renewal options contained in the Lease (each an “Existing Renewal Term” and, collectively, the “Existing Renewal Terms”), the Lease is otherwise scheduled to expire on April 30, 2033. In addition to any Existing Renewal Term(s), the Lease is hereby amended to provide Tenant with the option to extend the Lease for each of seven (7) additional five (5) year renewal terms (each a “New Renewal Term” and, collectively, the “New Renewal Terms”). Notwithstanding anything to the contrary contained in the Lease, as modified by this Amendment, (a) all Existing Renewal Terms and New Renewal Terms shall ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA
automatically renew unless Tenant notifies Landlord that Tenant elects not to renew the Lease at least sixty (60) days prior to the commencement of the next Renewal Term (as defined below) and (b) Landlord shall be able to terminate the Lease only in the event of a material default by Tenant, which default is not cured within sixty (60) days of Tenant’s receipt of written notice thereof, provided, however, in the event that Tenant has diligently commenced to cure a material default within sixty (60) days of Tenant’s actual receipt of notice thereof and reasonably requires additional time beyond the sixty (60) day cure period described herein to effect such cure, Tenant shall have such additional time as is necessary (beyond the sixty [60] day cure period) to effect the cure. References in this Amendment to “Renewal Term” shall refer, collectively, to the Existing Renewal Term(s) and the New Renewal Term(s).

The Landlord hereby agrees to execute and return to Tenant an original Memorandum of Lease in the form and of the substance attached hereto as Exhibit B and by this reference made a part hereof (the “Memorandum”) executed by Landlord, together with any applicable forms needed to record the Memorandum, which forms shall be supplied by Tenant to Landlord.

3. Rent and Escalation. The Parties hereby acknowledge and agree that current rent payable from Tenant to Landlord under the Lease is equal to Two Thousand Three Hundred Ninety-Five and 80/100 Dollars ($2,395.80) per month (the “Rent”). Commencing on May 1, 2028 and on the beginning of each Renewal Term thereafter, Rent due under the Lease, as modified by this Amendment, shall increase by an amount equal to ten percent (10%) of the then current Rent. In the event of any overpayment of Rent prior to or after the Effective Date, Tenant shall have the right to deduct from any future Rent payments an amount equal to the overpayment amount. Notwithstanding anything to the contrary contained in the Lease, all Rent and any other payments expressly required to be paid by Tenant to Landlord under the Lease and this Amendment shall be paid to City of Porterville CA. The escalations in this Section shall be the only escalations to the Rent and any/all rental escalations otherwise contained in the Lease are hereby null and void and are of no further force and effect.

4. Landlord and Tenant Acknowledgments. Except as modified herein, the Lease and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. In the event there is a conflict between the Lease and this Amendment, this Amendment shall control. The Parties hereby agree that no defaults exist under the Lease. To the extent Tenant needed consent and/or approval from Landlord for any of Tenant’s activities at and uses of the site prior to the Effective Date, including subleasing to American Tower, Landlord’s execution of this Amendment is and shall be considered consent to and approval of all such activities and uses and confirmation that no additional consideration is owed to Landlord for such activities and uses. Landlord hereby acknowledges and agrees that Tenant shall not need consent or approval from, or to provide notice to, Landlord for installing, modifying, repairing, or replacing improvements within the Leased Premises, and/or assigning all or any portion of Tenant’s interest in the Lease, as modified by this Amendment. Notwithstanding the foregoing, Tenant shall not need consent or approval from, but shall provide notice to, Landlord for subleasing and licensing to additional customers. Upon request by Tenant and at Tenant’s sole cost and expense and for no additional consideration to Landlord, Landlord hereby agrees to promptly execute and return to Tenant building permits, zoning applications and other forms and documents, including a memorandum of lease, as required for the use of the Leased Premises by Tenant and/or Tenant’s customers, licensees, and sublessees. The terms, provisions, and conditions of this Section shall survive the execution and delivery of this Amendment.

5. Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i) Landlord has the full power and authority to enter into and perform its obligations under this Amendment, and, to the extent applicable, the person(s) executing this Amendment on behalf of Landlord, have the authority to enter into and deliver this Amendment on behalf of Landlord; (ii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA
execution and delivery by Landlord of this Amendment; (iii) Landlord is the sole owner of the Leased Premises and all other portions of the Parent Parcel; (iv) to the best of Landlord’s knowledge, there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Leased Premises or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant’s rights under the Lease, as amended and modified by this Amendment; and (v) so long as Tenant performs its obligations under the Lease, Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises, and Landlord shall not act or permit any third person to act in any manner which would interfere with or disrupt Tenant's business or frustrate Tenant or Tenant’s customers’ use of the Leased Premises. The aforementioned indemnification shall survive the execution and delivery of this Amendment.

6. Notices. The Parties acknowledge and agree that Section 22 of the Lease is hereby deleted in its entirety and is of no further force and effect. From and after the Effective Date the notice address and requirements of the Lease, as modified by this Amendment, shall be controlled by this Section of this Amendment. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: City of Porterville, 291 North Main Street, Porterville, California, 93257; to Tenant at: Verizon Wireless, Attn.: Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; with copy to: American Tower, Attn.: Land Management, 10 Presidential Way, Woburn, MA 01801; and also with copy to: Attn: Legal Department, 222 Berkeley Street, 7th Floor, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.

7. Counterparts. This Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart. Furthermore, the Parties may execute and deliver this Amendment by electronic means such as .pdf or similar format. Each of the Parties agrees that the delivery of the Amendment by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the Amendment by all Parties to the same extent as an original signature.

8. Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage of any such capitalized terms in this Amendment shall control. [SIGNATURES COMMENCE ON FOLLOWING PAGE]
ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA
LANDLORD:

City of Porterville,
a municipal corporation
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA
TENANT:

Fresno MSA Limited Partnership d/b/a Verizon Wireless
By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA

EXHIBIT A
This Exhibit A may be replaced at Tenant’s option as described below.

PARENT PARCEL
Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon.

The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below:

LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant.

The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).

ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant’s customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way.

ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA

EXHIBIT B

FORM OF MEMORANDUM OF LEASE
ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA

MEMORANDUM OF LEASE
This Memorandum of Lease (the “Memorandum”) is entered into as of the latter signature date hereof, by and between City of Porterville, a municipal corporation (“Landlord”) and Fresno MSA Limited Partnership d/b/a Verizon Wireless (“Tenant”).

NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s).

1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”). Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Land Lease Agreement dated March 27, 2008 (as the same may have been amended from time to time, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises is also described on Exhibit A.

2. American Tower. Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company (“American Tower”), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein. In connection with these responsibilities, Tenant has also granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA.

3. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be April 30, 2068. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease.

Prepared by and Return to:

American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/Ian P. Fitzgerald, Esq.

ATC Site No: 410981
ATC Site Name: West Porterville CA
Assessor’s Parcel No(s): 251-010-001 and 251-020-001
Prior Recorded Lease Reference:

Document No: 2009-0056862
State of California
County of Tulare
ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA

4. Right of First Refusal. There is a right of first refusal in the Lease.

5. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum.

6. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: City of Porterville, 291 North Main Street, Porterville, California, 93257; to Tenant at: Verizon Wireless, Attn.: Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; with copy to: American Tower, Attn.: Land Management, 10 Presidential Way, Woburn, MA 01801, and also with copy to: Attn: Legal Department, 222 Berkeley Street, 7th Floor, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.

7. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.

8. Governing Law. This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Leased Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. [SIGNATURES COMMENCE ON FOLLOWING PAGE]
ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA
IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below.

LANDLORD
City of Porterville,
a municipal corporation
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
2 WITNESSES
Signature: _____________________________
Print Name: ____________________________
Signature: _____________________________
Print Name: ____________________________

ALL CAPACITY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ________________________
On _________________________, before me, _______________________, Notary Public, personally (print name of notary)
appeared __________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of officer [SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA
TENANT
Fresno MSA Limited Partnership d/b/a Verizon
Wireless
By: ATC Sequoia LLC,
a Delaware limited liability company
Title: Attorney-in-Fact

Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________

WITNESS
Signature: _____________________________
Print Name: ____________________________
Signature: _____________________________
Print Name: ____________________________

WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this ____ day of _____________________, 202___, before me, the undersigned Notary Public, personally appeared _____________________________________________, who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Notary Public
Print Name: _________________________
My commission expires: _______________ [SEAL]
ATC Site No: 410981
VZW Site No: 115319
Site Name: West Porterville CA

EXHIBIT A
This Exhibit A may be replaced at Tenant’s option as described below.

LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant.

**PLEASE NOTE: All proposals are good for a limited time and for discussion purposes only. The parties will not be bound in any respect and with regard to any proposal until and unless a written agreement is signed by all applicable parties. Further, all proposals are contingent upon: 1) American Tower’s confirmation, review and approval, in its sole discretion, of a title report and if necessary, a land survey of the property; and 2) final approval and authorization by American Tower’s Executive Team. Nothing contained herein shall be construed as, or deemed to create, an agency, joint venture, or partnership relationship between American Tower and Tower Alliance.

August 5, 2025
City of Porterville CA
Attention: Trish Whiteley
291 N Main Street
Porterville, CA 93257
Subject: American Tower Site #: 410981 / Site Name: West Porterville CA (“Tower Site”) Dear Trish,
I’m following up on American Tower’s request to extend the cell site lease (“Lease”) on the City’s property located at 500 Newcomb Street, Porterville, CA 93257. Tower Alliance has been engaged by American Towers LLC (together with its affiliates and subsidiaries, “American Tower”) to discuss with you the need to extend the lease for the Tower Site. Please see the details below.

Lease Extension:
• Keeping the rent and escalation the same
• Adding seven (five year) renewal terms, final expiration date to become April 30, 2068 • $20,000 One Time Payment
• No additional changes to the lease

This offer is designed to ensure long-term viability of the tower site. I look forward to speaking with you in the coming days after you’ve had an opportunity to review this proposal. If you have any questions, please feel free to reach out to me at my contact information listed below.

Sincerely,
Jody Wall
Lease Consultant
Tower Alliance LLC
An authorized vendor of American Towers LLC and its subsidiaries and affiliates [email protected]
561-419-6863
Item No. 15.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Purchase Synthetic Grass for the Murry Park Pool Deck and Authorization to Issue Request for Qualifications
SOURCE: Parks and Leisure Services
COMMENT: The synthetic grass surrounding the Murry Park pool deck was originally installed in 2004 and has exceeded its typical useful life. Over time, the material has significantly deteriorated, with visible seam failures, holes, uneven surfaces, and instability. These conditions have been further impacted by the installation of shade structure footings, resulting in additional wear and safety concerns. Replacement of the existing synthetic grass is necessary to maintain a safe, functional, and visually appropriate pool deck area.

Staff solicited quotes from qualified vendors for the removal and replacement of the existing synthetic grass. Three (3) responsive quotes were received as follows:

Guzman Creative Turf — $29,462.19
Synthetic Grass Expert — $47,500
Ross Recreation Equipment — $118,324.35
While Guzman Creative Turf submitted the lowest-priced quote, the product proposed is designed primarily for athletic or landscape applications and is not suitable for a pool deck environment due to differences in surface temperature, texture, drainage, and overall performance characteristics.

Synthetic Grass Expert (SGE), the original installer of the existing material, submitted the lowest responsive quote that meets the City’s performance and application requirements for a pool deck environment and proposes a replacement product compatible with the existing installation. Tax for the SGE quote is embedded in the total cost.

To account for unforeseen conditions that may be encountered during removal and installation, staff recommends authorizing the purchase in an amount not to exceed $52,250, which includes a ten percent (10%) contingency.

Separately, staff have identified the need to improve ADA accessibility at the Item No. 15.

Murry Park pool deck. Because this work involves specialized design and construction considerations, staff recommends issuing a Request for Qualifications (RFQ) to solicit qualified firms to evaluate and design ADAcompliant improvements. The RFQ process will allow staff to identify the most qualified firm and return to the City Council at a later date with a recommended consultant and cost proposal for consideration.

The proposed synthetic grass replacement project was reviewed and recommended by the Parks and Leisure Services Commission and is eligible for funding through the Community Development Block Grant (CDBG) Park Improvement Funds, subject to applicable census tract eligibility requirements.

RECOMMENDATION: That the City Council:

1. Authorize the purchase and installation of synthetic grass for the Murry Park pool deck from Synthetic Grass Expert in an amount not to exceed $52,500, which includes a ten percent (10%) contingency; and

2. Authorize staff to issue a Request for Qualifications for ADA accessibility improvements at the Murry Park pool deck.

ATTACHMENTS: 1. Quotes
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 16.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Set a Public Hearing for Consideration of an Amended and Restated Development Agreement and Related Ordinance for Coast to Coast Caregivers Corp. dba Culture Cannabis Club
SOURCE: City Manager's Office
COMMENT: On August 19, 2021, the City Council approved a Development Agreement with Coast to Coast Caregivers Corp. dba Culture Cannabis Club for the operation of a licensed commercial cannabis dispensary located at 230–232 North Main Street, Porterville, California.

Following updates to State law and the City’s cannabis ordinances, Coast to Coast Caregivers Corp. dba Culture Cannabis Club has requested amendments to the existing Development Agreement to update and clarify certain operating provisions, including security staffing requirements, while reaffirming the City’s regulatory authority and the business’ ongoing compliance obligations. The proposed Amended and Restated Development Agreement would maintain the existing community benefit provisions and the current term of the agreement.

A draft Amended and Restated Development Agreement is attached for City Council review.

RECOMMENDATION: That the City Council authorize the setting of a public hearing for March 3, 2026, to consider an Amended and Restated
Development Agreement and a related ordinance for Coast to Coast Caregivers Corp. dba Culture Cannabis Club.

ATTACHMENTS: 1. DRAFT Amended Development Agreement
Appropriated/Funded:

Review By:

Department Director:

Item No. 16.

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103

AMENDED AND RESTATED COMMERCIAL CANNABIS DISPENSARY

DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF PORTERVILLE AND
COAST TO COAST CAREGIVERS CORP. DBA CULTURE CANNABIS CLUB THIS AMENDED DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this19th day of August, 20261, (the “Execution Date”), by and between the CITY OF PORTERVILLE, a California municipal corporation (“City”)Coast to Coast Caregivers Corp. dba Culture Cannabis Club (“CCC” or "Owner") and Jovita Franklin (“Franklin” or “Property Owner”). City and Owner are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying this Agreement:

RECITALS
WHEREAS, the State of California enacted California Government Code Sections 65864 et seq. (“Development Agreement Statutes”) to authorize municipalities to enter into development agreements (and amendments thereto) with those having legal or equitable interests in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within their jurisdiction;
WHEREAS, the purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain rights in the Owner, and to meet certain public purposes of the local government; WHEREAS, the City has adopted Municipal Code Article 609, establishing the procedures and requirements for the consideration of development agreements with the City;
2 WHEREAS, Owners currently hold legal or equitable interest in real property considered in this Agreement which has a development area approximately 4,120 square feet located at 230-232 North Main Street, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 253-197-08, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference;
WHEREAS, presently, Owner has a leased interest in the Site for the purpose of commercial cannabis related activities, specifically the development and operation of a commercial cannabis dispensary. Additionally, the Property Owner is a Director and CFO of Owner. Such Commercial Cannabis facilities shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; the City of Porterville Municipal Code as it applies to such facilities (collectively the “Applicable Cannabis Laws”), and all Resolutions and procedures adopted or authorized by the City in accordance with those laws and regulations. Prior to operating a commercial dispensary Owner shall be required to obtain a Commercial Cannabis Permit from the City, and all related permits and licenses prior to the operation of same, pursuant to Chapter 15, Article VII and Chapter 21, Article 609 of the Porterville Municipal Code.

WHEREAS, Owner has obtained or will obtain a California State License issued, pursuant to Applicable Cannabis Laws, to operate a commercial storefront dispensary at the Site. The definition of "Property Owner" hereunder shall mean and refer to the fee simple owner of the property. The definition of “Owner” hereunder shall mean and refer to any authorized tenant of the Site to the extent such party holds or is covered by a Commercial Cannabis Permit;
WHEREAS, Owner has applied to this a permit with the City for a Commercial Cannabis Permit (hereinafter "CCP”) to conduct Commercial Cannabis Activities. No such activities are allowed or authorized without a Development Agreement, a Commercial Cannabis Permit, and all requirements pursuant to the above-referenced City regulations;
WHEREAS, on July 6, 2021, the Owner and the City, after a duly noticed public hearing and authorization by the City Council, entered into a Commercial Cannabis Dispensary Development Agreement Between the City of Porterville and Coast to Coast Caregivers Corp. DBA Culture Cannabis Club Haven #7 LLC, for an initial 10 year term with an execution/effective date of August 19, 2021, which was recorded on October 20, 2021;.

WHEREAS, Owner presently intends to has developed and operatesn a commercial storefront dispensary on the Site consistent with the Applicable Cannabis Laws and Project Approvals (known as the “Project”).;
3 WHEREAS, the Project will consists of: one commercial building totaling approximately 4,120 square feet.;

WHEREAS, in 2019, Ordinance Nos. 1853 and 1854 came into effect authorizing specified Commercial Cannabis Activities within the City of Porterville, in strict compliance with related State of California laws, regulations and policies, under specified conditions and provisions;
WHEREAS, on June 3, 2025, the City of Porterville adopted Amendments to Ordinances Nos. 1853 and 1854, adding some additional flexibilities permitted by State law concerning the operations of Cannabis Dispensaries; WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied; WHEREAS, the City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipal ordinances;

Owner(s) has represented to City that it would not consider or engage in the Project absent City approving this Agreement;
WHEREAS, the City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as described below; WHEREAS, in conjunction with the City’s applicable ordinances and resolutions, the Zoning Administrator of the City reviewed, considered and recommended environmental clearance and recommended approval of the execution of this Agreement to the City Council. The Zoning Administrator found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with the 4 public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on the City;
WHEREAS, after conducting a duly noticed hearing on July 6, 2021February 17, 2026, in conjunction with the City’s applicable ordinances and resolutions, and after independent review and consideration, the City Council approved the execution of this Amended Agreement. The City Council found this Amendment ise Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Porterville and its residents.

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

1. Government Code and Municipal Code Required Elements  Description of Property. Land situated in the City of Porterville, County of Tulare, State of California; whose street address is 230-232 North Main Street, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 253-197-08.
 Owner and Other Person with Legal or Equitable Interest.

Owner: Coast to Coast Caregivers Corp., dba Culture Cannabis Club Nature of Interest: Lease for 5 years with two Options to Renew for an additional 5 years each.

If Owner is not the fee simple owner of the Site, check box below:
[X ] Owner represents and warrants that the property owner has consented in writing to the execution and recordation of this Agreement against the Site. See attached Landlord Consent agreement, incorporated herein by this reference (Exhibit A-1). Additionally, the Property Owner is a Director and CFO of Owner and majority Shareholder and is a party to this Agreement.
 Permitted Uses. The subject property may be used for [DESCRIPTION:
commercial storefront cannabis dispensary] as presently authorized under City Chapter 15, Article VII of the Porterville Municipal Code, §§ 15-85 through 15-105 and Chapter 21, Section 301.23, and 609.01 through 609.11, and for any other use as authorized under applicable provisions of the Porterville Municipal Code. 5  Zoning. Owner shall guarantee that such activities outlined in Owner’s Commercial Cannabis Permit Application (“Application”) conducted pursuant to this Agreement and under the Commercial Cannabis Permit shall comply with the City’s municipal code, including the above-referenced zoning regulations and any and all development and construction requirements contained therein. Owner shall not conduct any business under this Agreement or under the Commercial Cannabis Permit without having obtained all necessary permits, licenses, and approvals from the City and State of California.
 Reservation or Dedication of Land for Public Purposes. If needed, sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes.

2. Term
This Agreement shall commence on the Effective Ddate the Ordinance approving this Agreement goes into effect (the “Effective Date”) and it shall end on August 19, 2031and it shall end ten (10) years from the starting date, and it shall remain in full force and effect so long as the subject property is used for a commercial cannabis facility as authorized under City Ordinance Nos. 1853 and 1854; provided, however, such use is not abandoned for a period of more than ninety (90) days. This Agreement [SHALL] be extended for up to 2 additional 5 year periods following the expiration of the initial ten (10) year term upon the occurrence of all of the following:
(i) The Owner shall give written notice to the City no later than one hundred twenty (120) days before the expiration of the initial ten year term that the Owner desires to extend this Agreement for an additional 5 year period;
(ii) The Owner shows adequate evidence to the City that it has a legal and/or equitable interest in the Property and/or will have such interests for the duration of the extended term of the Agreement;
(iii) The Owner shall deposit all fees required by the City necessary for processing the extension request and drafting necessary documentation; (iv) The Owner shall be in compliance with all provisions of Ordinance Nos. 1853 and 1854, and all terms imposed by the City-issued Commercial Cannabis Permit; and
(v) The Owner shall not be in default of any provision of any agreement between City and Owner relative to the development of the Property or of any condition of approval imposed upon any entitlement granted by the City relative to the development of the Property for which Owner has been given a written notice to cure by the City and for which Owner has not 6 cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.

3. General Business/Store and Offices – The facility will maintain hours of operation consistent with Section 15-87.L.requirements specified in of the Municipal Code, with generally a minimum of eight employees per shift. The parties may agree to a different number if warranted by the business volume.

4. Parking/Loading Access. The proposed project is located in Downtown Parking District 1 Zone A, which does not require parking spaces for businesses within it, if the building is three (3) floors or less. Loading may take place on-site within an existing loading space accessed on the east side of the structure. Loading may occur through the use of the alley on the east side of the structure, unless the City determines that the use is presenting a security issue; in that event the Owner will be required to secure approval of the use of the sally port/loading area adjacent to the business. Within the site, access to the structures will be through the secured front office entrance. Pedestrian walkways within the structure and on the west side of the structure allow pedestrian circulation throughout the site. The project complies with the CALGreen Tier 1 by incorporating storm water pollution prevention measures, installing energy- and water-efficient equipment, and planting native and drought-tolerant landscaping at the front of the property

5. Security: The project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side areas and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secure surveillance vault to maintain the integrity of records. Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. In addition, the applicant will employ licensed security personnel or engage a licensed security company to provide an operational security plan in compliance with applicable City Regulations and policies State law and regulations.

6. Owner’s Site and Floor Plans
 Owner’s site plan and floor plan for the facility are attached hereto as Exhibit B and incorporated into the Application.  A preliminary landscape plan shall be prepared and reviewed and approved by the City Manager, the Community Development Director, the Engineering and Project Management Director, and/or their respective designees.

A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities.
7  An exterior signage plan shall be prepared and reviewed and approved by the appropriate City staff in accordance with the procedures and requirements of the Porterville Municipal Code.

7. Facility Operations
 Standard Operating Procedures. Owner is a lawful entity that will only transact business with other legally permitted persons and entities under the California Cannabis Laws. Prior to operating a dispensary, Owner shall be required to obtain a Commercial Cannabis Permit, and all requirements pursuant to said permit, from the City pursuant to City Ordinance Nos. 1853 and 1854.

Further, and notwithstanding anything to the contrary, Owner may operate such cannabis-related activities as permitted in accordance with California state laws and regulations, as may be amended, including without limitation, as long as such activity is not inconsistent with Ordinance Nos. 1853 and 1854, this Development Agreement, the City-issued Commercial Cannabis Permit, and the Porterville Municipal Code.

During the term of its CCP and the term of this Agreement, Owner shall lawfully operate in accordance with all state and local laws. Owner shall employ exemplary operating procedures to comply with state and local laws. Owner’s facility shall employ safety and security measures for the safety and security of its employees, visitors, vendors, and neighboring communities and properties.

Owner shall fully comply with the minimum Operating Standards regulating the proposed Commercial Cannabis Activity as set forth in Article Chapter 15, Article 715, Sections 15-85 thorough 15-105 of the Porterville Municipal Code, and those required by Ordinance No. 1853 as may be amended from time to time.  Security Plan. Owner shall secure approval of its proposed security plan by the City prior to operating, and has attached its draft plan as Exhibit C. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and/or security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system.

Equipment and systems used for video surveillance and building alarms shall be approved by City. See Porterville Municipal Code Section 15-87, subsections (N) and (O), for minimum security requirements.

Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where cannabis products are handled, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure 8 cannabis products are received, handled, stored, and sold in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the City of Porterville Police Department upon request.

Owner shall contract with or employ properly trained and licensed third-party security personnel in conformity with the requirements specified by applicable California law and regulations, to protect the welfare and safety of Owner and employees, and to ensure public safety to the neighboring community. Owner shall use security personnel during all hours of business operations. Security personnel may be armed so long as proper licensing and insurance requirements are followed and met by the third-party operator providing such security services.

Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. The (nonlimited access) reception area shall be completely separated and secured from the dispensary operations, and shall be operated in conformity with all applicable laws and regulations, and by an employee at least 21 years of age, with concurrent monitoring by onsite security personnel.
 Fire Department Approval. Owner shall not operate any facility, and no permit, license, or other approval issued by City shall be valid unless and until the Porterville Fire Department has approved Owner’s site plan, floor plan, safety plan, and any other plans that require its approval.
 Possession of Firearms. Except for licensed and bonded security personnel, no person employed or contracted by Owner shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide the City Manager and the Porterville Police Department, ten (10) days before bringing the firearm onto the premises, with the following:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; 2) A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency);
3) A copy of his or her California driver’s license or California 9 identification card; and
4) Any other information reasonably required by the Porterville Police Department to show that the individual is in compliance with the provisions of all laws regarding the possession and use of a firearm.  Identification Display. Each owner, manager, employee, and individual member engaged in the operation of the business shall at all times while engaged in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Owner.  Employee Background Checks and Procedures for Inventory Control to Prevent Non-Medical Diversion of Medical Cannabis. Only employees who receive the required background clearance pursuant to Section 15-89 of the Porterville Municipal Code shall be permitted to enter Owner’s facility. Each employee will have to meet a criminal background investigation as required by the City, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the issuance of a Commercial Cannabis Permit(s) or license(s) to Owner.

Owner shall take all necessary and reasonable steps to prevent the sale or distribution of any of its cannabis products to minors; prevent revenue from the sale or distribution of its cannabis and/or infused products from going to criminal enterprises, gangs and cartels; prevent the diversion of cannabis from California to any other state; prevent state-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; prevent violence and the use of firearms in the sale of cannabis; discourage and educate against drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use; disavow growing cannabis on public lands that creates attendant public safety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
 Point of Sale Tracking System. Owner shall maintain an inventory control and reporting system that accurately documents the cannabis products. The inventory control and reporting system shall comply with the track and trace program required by California Cannabis Law and regulations issued thereunder.

Owner shall employ an electronic point of donation/sale system approved by the State of California for all point of donations/sales tracking from seed or inception to product distribution to other licensed commercial cannabis facilities. Such approved system shall track all commercial cannabis products, each edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale). Owner's point of sale system shall have the capacity to produce historical transactional data in accordance with City's requirements. 10  Record Keeping. Owner shall maintain records for all commercial cannabis and/or infused products. Owner shall comply with all record-keeping responsibilities that are set forth in Ordinance No. 1853, Section 15-87(O) of the Porterville Municipal Code, including complete and up-to-date records regarding the amount of commercial cannabis delivered and sold, and applicable State law.  Commercial cannabis sales shall not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.

Owner shall store its commercial cannabis and/or commercial cannabis products in a locked safe room with T-card identification access for management only. The safe room shall be constructed of fire-rate walls with numerous cameras installed to view all entries and exits from the safe room, as well as all other activities performed within Owner’s facility. Owner will not conduct outdoor operations except as related to lawful delivery and transportation of commercial cannabis and infused products. Owner will not store commercial cannabis or related products in its delivery vehicle outside normal operating hours of the facility.

Any excess or contaminated product will be securely stored on-site until it is properly disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with state and county health and safety codes and regulations.
 Description of Banking Plan. Owner shall seek to open a bank account under the name of Owner or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Owner shall implement other industry standard banking and/or other industry standard transactional mechanisms.
 Transportation and Delivery Plan. Owner shall comply with all state and local law regarding transportation and delivery, including the rules governing delivery service. Owner shall retain a list of names and cellular contact numbers for all employees engaged in transportation and/or delivery of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up to date.

Owner will keep complete and up-to-date records documenting each delivery, including the amount/product(s) provided, the date and time provided, the name of the employee making the delivery, the name and address of the individual corporation to whom delivery is made, and the amount of the related sale/ 11 monetary transaction.

8. Community Relations, Employment, and Wages
 Public Outreach and Education Program. The Owner shall coordinate and cooperate with City and any other Owners of commercial cannabis dispensaries located within City of Porterville in the establishment and implementation of appropriate public outreach and education programs. The public outreach and education programs shall be approved by City.
 Community Benefits Program. The Owner shall coordinate and cooperate with the City and other Owners of commercial cannabis facilities located within the City of Porterville in the City Council’s establishment and implementation, and the Owners’ funding of a community benefits program which could include such items as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements, including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, and special social and community organizations. This community benefits program may be implemented by the City. The City may invite public participation in the decision-making process for identifying and prioritizing community needs and benefits, and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by the City.

Owner agrees, as a business expense, to pay the City the yearly sum of $ of $30,000.00 or 1% of Owner’s annual gross receipts, whichever amount is greater, from the commercial operation on the Premises. Unless otherwise agreed to in writing by the parties the above amount shall be paid over the course of the calendar year on a quarterly basis, with payments due within 30 days of the end of each quarter. The first payment shall be due at within 30 days of the end of the first quarter for which the commercial operation at the Premises was operational and prorated to account for when during the quarter the opening occurred.
 Designation of Community Relations Liaison. Owner shall designate and identify, in writing, the personnel who shall At the time of this Agreement, Owner’s day-to-day operations manager, Devon Julian, will be responsible for community inquiries and complaints and on-site management during normal business hours.  Interface with City of Porterville Police / Inspections. Owner’s day-to- day operations manager, and/or the Owner’s Community Relations Liaison, Devon Julian, as specifically designated and identified in writing, will interface with the 12 Porterville Police Department's assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Porterville Police Department's assigned designee acting at the City Manager's request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and state and local laws and regulations, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City. See, Ordinance No. 1853, as well as Porterville Municipal Code Section 15-87, 15-96.

Owner's Initials
 Local Recruitment, Hiring, and Training Programs. Owner is committed to making a good-faith effort to recruit, hire, and train City residents for employment by Owner. A good-faith effort means Owner shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources, including the Employment Connection, to identify qualified individuals who are City (or City area) residents, 2) Advertise for qualified City residents in trade papers and newspapers of general circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of the its workforce. The Owner commits to a local annual hiring goal of 50% of total operational jobs for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Owner shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. "Local" is defined as within a 3-mile radius of the boundaries of the City’s boundaries. The Owner shall contact and work with a job referral agency (e.g. the Employment Connection) assigned by the City Manager to implement a local hiring policy for permanent and apprentice employees. The purpose of the hiring policy is to facilitate the training and employment of local and disadvantaged job applicants for jobs within the City’s jurisdiction, and 3-mile radius of City boundaries. Applicants for jobs shall not be disqualified from hiring solely on the basis of an arrest or conviction for a Cannabis-related crime that occurred prior to November 8, 2016, and could have been prosecuted as a misdemeanor or citation under current California law. The Owner shall report on compliance with the local hiring goals as part of its annual audit report.

9. Public Art Feature/Element. Owner agrees to provide a historical/artistic feature as a component of its project, located at or near the Property (for example, the completion of a mural located on the second story of the building along Putnam Avenue). The artistic feature will be subject to the review of the City Cannabis Ad Hoc Committee and City of Porterville Arts Commission, and the approval of the City Council, prior to the commencement of work on the feature. Work on the feature must be commenced within one year of the opening of the business. 13 10. Indemnification Agreement by each Cannabis Permittee Pursuant to Ordinance Nos.1853 and 1854, and including Porterville Municipal Code Section 15-87(T), tTo the fullest extent permitted by local, state and/or federal law, the City of Porterville shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or executed a Development Agreement pursuant Ordinance No. 1853 and Chapter 609 of the Development Code, or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Permit and to the execution and approval of a Development Agreement, the Owner shall be required to meet all the conditions enumerated in Porterville Municipal Code Sections 15-85 through 15-105, before this Agreement may be executed, and before they can receive the Commercial Cannabis Permit. The City Manager shall require the Owner and Property Owner/each Commercial Cannabis Permittee to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee, and/or arising out of Owner’s or Property Owner’s obligations under this Agreement. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement. Attached as Exhibit E, and incorporated herein by this reference, is true and correct copy of a fully executed Indemnification Agreement.

11. Fees, Costs, and Taxes
 Permit Fees. Owner agrees to pay all permit fees and charges authorized and referenced in the City’s regulations,Ordinance Nos. 1853 and 1854, all amounts adopted by City Council and as required by applicable laws and regulations, and any fees set forth in this Agreement. Permit application, processing, and renewal fees shall be due and payable at the time application is made or renewed.
 Cannabis Business Tax. Owner shall comply with all provisions of Ordinance No. 1875, and Porterville Municipal Code Chapter 22, Article VI, which requires every person engaged in a Commercial Cannabis Business in the City to pay an annual Commercial Cannabis Business tax at a rate established by resolution of the City Council, but no more than 10% of annual gross receipts.

Resolution No. 99-2020, adopted by the City Council on December 15, 2020, has currently set the rate at 7% of annual gross receipts per fiscal year.

Copies of Tax Filings. Owner shall additionally provide the City with courtesy copies of each and every report Owner is required to provide to the County of Tulare or the State of California for sales, use, or other tax purposes at the time such filings are made. 14 12. Insurance
 Insurance. Owner shall require all persons doing work on the Project, including its contractors and subcontractors (collectively, “Owner” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this section and its subsections with carriers reasonably satisfactory to City.
 General Liability Insurance. Owner shall maintain commercial general liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) each occurrence. Such insurance shall also:
1) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insured.
2) Be primary with respect to any insurance of self-insurance programs covering City, its officials, employees, agents, and representatives. 3) Contain standard separation of insured provisions.
 Automotive Liability Insurance. Owner shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident for the vehicles Owner operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and non-owned automobiles. Such insurance shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “Additional Insureds” by endorsement with respect to performance of this Agreement.

The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insureds; 2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives; 3) Contain standard separation of insured provisions.
 Workers’ Compensation Insurance. Owner shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of Owner’s employees employed at or on the Project, and in the event any of the work is subcontracted, Owner shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such 15 contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Owner. In case any class of employee engaged in work on the Project is not protected under any workers’ compensation law, Owner shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected.

Owner hereby indemnifies City for any damage resulting from failure of Owner, its agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall be maintained.
 Other Insurance Requirements. Owner shall do all of the following:
1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice to City. 2) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein.
3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.

13. Termination
 Termination Upon End of Term. This Agreement shall terminate upon the expiration of the term, unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.
 Effect of Termination on Owner’s Obligations. Termination of this 16 Agreement shall eliminate any further obligation of Owner to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Owner to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.  Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.  Survival After Termination. The rights and obligations of the Parties set forth in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

14. Resources Efficiency
Owner shall endeavor to reduce its environmental impact when possible. The design of the facility shall include reasonable water and energy conservation measures in accordance with applicable State regulations.

15. Standard Conditions for Construction
During any on-site construction activities related to development of the project site and any buildings thereon, or renovation or remodeling of existing buildings, Owner shall comply with all state and local building and construction laws, regulations, and guidelines. The Project shall comply with the applicable parking standards established by the City for these particular cannabis activities.

16. Defaults and Remedies
 Remedies in general. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings.

Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party 17 shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.

After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in monetary damages, unless expressly provided for this Agreement, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim any damages;.
1) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to City and its employees pursuant to the Government Liability Act and all other applicable statutes and decisional law.

Except as set forth in the preceding paragraph relating to eminent domain, Owner’s remedies shall be limited to those set forth in this Section.

Notwithstanding anything to the contrary contained herein, City covenants as provided in Civil Code Section 3300 not to sue for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to City as a result of the development of the Property.
18  Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
1) Except as provided in this Agreement, money damages are unavailable against City.
2) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
 Release. Except for those remedies set forth in this Agreement, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.

Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Owner agrees that the release provided in this Section shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing, Owner acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Owner hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect.
19 Owners’ Initials
 Termination of Agreement for Default of City. Owner may terminate this Agreement in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. Notwithstanding anything to the contrary, in the event that Owner deem it is necessary and/or advisable to cease operations in Porterville, then Owner may terminate this Agreement, and such termination shall be effective upon the date of written notice to the City.
 Attorneys’ Fees and Costs. In any action or proceeding between City and Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorneys’ fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Owner or is waived by City. If City terminates this Agreement because of Owner’s default, then City shall retain any and all benefits, including money or land received by City hereunder.

17. Third Party Litigation
 General Plan Litigation. City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with City’s determination.

City shall have no liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Agreement, which failure to perform or inability 20 to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of City’s actions in adopting it were invalid, inadequate, or not in compliance with the law.
 Hold Harmless Agreement. To the fullest extent permitted by law, Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner’s contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner’s contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations.  Indemnification. To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Property; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at is sole option, may tender the complete defense of any third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of such counsel. This Indemnification is provided in addition to that set forth in Section 7. 21  Environmental Contamination. To the fullest extent permitted by law, Owner shall indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding. This Indemnification is provided in addition to that set forth in Section 7.

The provisions of this Section do not apply to environmental conditions that predate Owner’s ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner’s statutory or equitable obligations as an owner or seller of the Property.
 City to Approve Counsel. With respect to this Section, City reserves the right to approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld.  Accept Reasonable Good Faith Settlement. With respect to this Section, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and City expressly agree that this Section does not apply to any settlement that requires an exercise of City’s police powers, limits City’s exercise of its police powers, or affects the conduct of City’s municipal operations.
 Survival. The provisions of this Section inclusive, shall survive the termination or expiration of the Agreement.

18. California Environmental Quality Act
Owner shall pay all fees and reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental 22 Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Owner shall conduct and pay for any required CEQA reviews and analyses. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 – Existing Facilities. This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301.

19. Rules, Regulations, and Official Policies
Except as otherwise provided in this Agreement, the rules, regulations, and official policies of City governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the Project subject of this Agreement, shall be those rules, regulations, and official policies of City in force at the time of the execution of this Agreement. This Agreement does not prevent City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor does this Agreement prevent City from denying or conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.

20. Commercial Cannabis Permit Conditions of Approval
Owner shall comply with all conditions of approval of the City-issued Commercial Cannabis Permit.

21. Periodic Reviews
This Agreement shall be subject to annual review. Owner shall demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, City finds and determines, based on substantial evidence, that Owner, or successor in interest thereto, has not complied in good faith with the terms or conditions of this Agreement, City may terminate or modify this Agreement (except no modification shall increase Owner’s liability nor reduce Owner’s rights), provided that City shall first provide Owner notice of its intent to terminate, with a detailed explanation as to why, and provide Owner the reasonable right to cure the same.
 Periodic Review. City Council shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Owner’s good faith compliance with this Agreement. During the periodic review Owner shall be required to demonstrate good faith compliance with the terms of the Agreement, through submitting an annual monitoring report, records, or equivalent written materials to the Community Development Department. The Department will schedule a hearing on the periodic review of the Development Agreement on or following the anniversary of the Effective Date, but Owner has no obligation to compel such hearing, and no implication will be made to Owner’s detriment if a 23 hearing is not in fact held. Owner shall document any request for an extension of the term due to delays beyond the control of Owner (see Section 25, “Force Majeure”).
 Conditional Use Permit. For all intents and purposes, the Commercial Cannabis Permit to be issued under this Agreement shall be treated as if it were a Conditional Use Permit issued to Owner for the establishment and operation of its business. The operation of the business at all times shall be required to comply with the terms of this Agreement.
 Special Review. City Council may order a special review of compliance with this Agreement at any time. The Community Development Director or his or her designee shall conduct such special review. During a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on Owner.  Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.  Certificate of Agreement Compliance. If, after a periodic or special review, Owner is found to be in compliance with this Agreement, and if Owner requests it, City shall issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the Planning Director and City Council, that (i) this Agreement remains in effect and (ii) Owner is not in default.

City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Planning Director and City Council, regardless of whether the Certificate is relied upon by assignees or other transferees or Owner.
 Failure to Conduct Review. City’s failure to conduct a periodic review of this Agreement shall not constitute a breach of this Agreement.

22. Assignment
Assignment by Owner. Owner shall not transfer, delegate, sublet or assign its interest, rights, duties, and obligations under this Agreement. Any assignment, delegation, or subletting shall be null and void.
24 23. Operating Commercial Cannabis Facility
Any party to this Agreement, shall not operate a commercial cannabis facility authorized under the municipal code unless it is the holder of a valid applicable State Cannabis License and a Commercial Cannabis Permit issued by City in accordance with the procedures and requirements of Chapter 15, Article VII of the Porterville Municipal Code.

24. Notice
Any notice or communication required hereunder between City and Owner must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Porterville
291 North Main St.

Porterville, CA 93257
Attention: City Manager
and City Attorney, Porterville
McCormick, Kabot, Jenner & Lew
4010 S. Demaree Street
Visalia, CA 93277
If to Owner: Coast to Coast Caregivers, dba Culture Cannabis Club
c/o [name]Chris Francy
3 Corporate Park, Suite 200
Irvine, CA 92606
And
[Name]
25 Culture Cannabis Club
230-232 North Main Street
Porterville, CA 93257
If to Property Owner: Jovita Franklin
P.O. Box 2431
Porterville, CA 93258

25. Miscellaneous Provisions
 Amendment or Cancellation. This Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the parties to this Agreement or their successors in interest.
 Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement shall not be construed as waiver of any other term or condition under this Agreement.
 Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement.

However, this Agreement is subject to the City's "Reserved Powers." For purposes of this Agreement, "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the powers to enact regulations or take future discretionary actions after the Effective Date of this Agreement that: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to California Marijuana Laws or California Uniform Codes, as adopted by the City of Porterville, and/or the Porterville Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City’s zoning laws, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of this Agreement).

If any City ordinance, rule or regulation or addition to the Porterville Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement or an associated Commercial Cannabis Permit, business license or other authorizations and City approvals, or reduce development rights or assurances provided to the Owner in this Agreement, then such changes, additions or deletions to the Porterville Municipal Code shall not be applied to the Site or 26 Project; provided, however, the parties acknowledge that the City's approval of this Agreement is a legislative action subject to referendum. The parties shall cooperate with each other and undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federal law.

Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the City’s development standards and design guidelines.  Joint and Several Liability. CCC shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement of failure to pay by one Party shall also constitute a breach of this Agreement by the other Party.
 Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it conflicts with said laws or regulations, or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect.  Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
 Jurisdiction. The law governing this Agreement shall be that of the State of California. The parties agree that this Agreement is entered into and to be performed in Tulare County, California.
 Disclaimer. Despite California’s commercial cannabis laws and the terms and conditions of this Agreement, or any Commercial Cannabis Permit issued pertaining to Owner or the property specified herein, California commercial cannabis possessors or business operators may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC § 801, prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.  Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in this section. Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project.
27  Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.  Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Site. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the Tulare County Recorder within the period required by Government Code Section 65868.5.  Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property.
 Changes to Project. The parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of the Owner, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Site or Development Plan authorized under this Agreement. The granting of one such change or request shall not obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, “Subsequent Land Use Regulations” means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public 28 purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property.  Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and (i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation or policy together with a statement of how any such matter conflicts with the provisions of this Agreement; and
(ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt to modify this Agreement to bring it into compliance with any such federal or state law or regulation.
(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Owner shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law. (iv) City Cooperation. The City shall cooperate with Owner in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Owner shall be responsible to pay all applicable fees in connection with securing of such permits, licenses or other authorizations.

Effective Date. “Effective Date” means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Amended Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Owner the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
29 CITY OF PORTERVILLE OWNER
Coast to Coast Caregivers Corp.,
dba Culture Cannabis Club
Name: ____________________
Greg Meister, Mayor Title: _____________________

PROPERTY OWNER
Name: Jovita Franklin
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO FORM:
_______________________________
Attorney for Owner
APPROVED AS TO FORM:
_______________________________
Attorney for Property Owner
Item No. 17.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Authorization to Set a Public Hearing for Consideration of an Amended and Restated Development Agreement and Related Ordinance for Haven #7 LLC SOURCE: City Manager's Office
COMMENT: On August 19, 2021, the City Council approved a Development Agreement with Haven #7 LLC for the operation of a licensed commercial cannabis dispensary located at 1 West Morton Avenue, Porterville, California.

Following updates to State law and amendments to the City’s cannabis ordinances, Haven #7 LLC has requested amendments to the existing Development Agreement to update and clarify certain operating provisions, including adjustments to security staffing requirements, while reaffirming the City’s regulatory authority and the business’ ongoing compliance obligations.

The proposed Amended and Restated Development Agreement would maintain the existing community benefit provisions and the current term of the agreement.

A draft Amended and Restated Development Agreement is attached for City Council review.

RECOMMENDATION: That the City Council authorize the setting of a public hearing for March 3, 2026, to consider an Amended and Restated
Development Agreement and a related ordinance for Haven #7 LLC.

ATTACHMENTS: 1. Draft Amended Development Agreement
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Item No. 17.

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103

AMENDED AND RESTATED COMMERCIAL CANNABIS DISPENSARY

DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF PORTERVILLE AND
HAVEN #7 LLC
THIS AMENDED DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this 19th day of MarchAugust, 20261, (the “Execution Date”), by and between the CITY OF PORTERVILLE, a California municipal corporation (“City”) Haven #7 LLC (“Haven” or "Owner"). City and Owner are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying this Agreement:

RECITALS
WHEREAS, the State of California enacted California Government Code Sections 65864 et seq. (“Development Agreement Statutes”) to authorize municipalities to enter into development agreements (and amendments thereto) with those having legal or equitable interests in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within their jurisdiction;
WHEREAS, the purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain rights in the Owner, and to meet certain public purposes of the local government;
WHEREAS, the City has adopted Municipal Code Article 609, establishing the procedures and requirements for the consideration of development agreements with the City;
2 WHEREAS, Owners currently hold legal or equitable interest in real property considered in this Agreement which has a development area approximately 3940 square feet located at 1 West Morton Avenue, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 253-201-002, and is more fully described in Exhibit A. The exhibit is being attached hereto and incorporated herein by this reference;
WHEREAS, presently, Owner has a leased interest the Site for the purpose of commercial cannabis related activities, specifically the development and operation of a commercial cannabis dispensary. Such Commercial Cannabis facilities shall operate in accordance with all applicable provisions of Business and Professions Code §§26000- 26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; the City of Porterville Municipal Code as it applies to such facilities (collectively the “Applicable Cannabis Laws”), and all Resolutions and procedures adopted or authorized by the City in accordance with those laws and regulations. Prior to operating a commercial dispensary Owner shall be required to obtain a Commercial Cannabis Permit from the City, and all related permits and licenses prior to the operation of same, pursuant to Chapter 15, Article VII and Chapter 21, Article 609 of the Porterville Municipal Code.

WHEREAS, Owner has obtained or intends upon obtaining a California State License issued, pursuant to Applicable Cannabis Laws, to operate a commercial storefront dispensary at the Site. The definition of "Property Owner" hereunder shall mean and refer to the fee simple owner of the property. The definition of “Owner” hereunder shall mean and refer to any authorized tenant of the Site to the extent such party holds or is covered by a Commercial Cannabis Permit; WHEREAS, Owner has applied to this a permit with the City for a Commercial Cannabis Permit (hereinafter "CCP”) to conduct Commercial Cannabis Activities. No such activities are allowed or authorized without a Development Agreement, a Commercial Cannabis Permit, and all requirements pursuant to the above-referenced City regulations.

WHEREAS, on August 19, 2021, the Owner and the City, after a duly noticed public hearing and authorization by the City Council, entered into a Commercial Cannabis Dispensary Development Agreement Between the City of Porterville and Haven #7 LLC, which was recorded on October 20, 2021;
WHEREAS, Owner presently intends tohas developed and operatesn a commercial storefront dispensary on the Site consistent with the Applicable Cannabis Laws and Project Approvals (known as the “Project”);
WHEREAS, the Project will consists of: one commercial building totaling approximately 3,940 square feet;
3 WHEREAS, in 2019, Ordinance Nos. 1853 and 1854 came into effect authorizing specified Commercial Cannabis Activities within the City of Porterville, in strict compliance with related State of California laws, regulations and policies, under specified conditions and provisions;
WHEREAS, on June 3, 2025, the City of Porterville adopted Amendments to Ordinances Nos. 1853 and 1854, adding some additional flexibilities permitted by State law concerning the operations of Cannabis Dispensaries; WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied;
WHEREAS, the City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipal ordinances;

WHEREAS, the City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serve to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than defer its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project will serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Owner(s) has represented to City that it would not consider or engage in the Project absent City approving this Agreement;
WHEREAS, the City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as described below; WHEREAS, in conjunction with the City’s applicable ordinances and resolutions, the Zoning Administrator of the City reviewed, considered and recommended environmental clearance and recommended approval of the execution of this Agreement to the City Council. The Zoning Administrator found the Project:
consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of 4 the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on the City; WHEREAS, after conducting a duly noticed hearing on February 17, 2026July 6, 2021, in conjunction with the City’s applicable ordinances and resolutions, and after independent review and consideration, the City Council approved the execution of this Amended Agreement. The City Council found this Amendment is e Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Porterville and its residents.

1. Government Code and Municipal Code Required Elements a. Description of Property. Land situated in the City of Porterville, County of Tulare, State of California; whose street address is 1 West Morton, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 253-201-002.
b. Owner and Other Person with Legal or Equitable Interest.

Owner: Haven #7 LLC
Nature of Interest: Lease for a term of 15 years.

If Owner is not the fee simple owner of the Site, check box below:
[X] Owner represents and warrants that the property owner has consented in writing to the execution and recordation of this Agreement against the Site. See attached Landlord Consent agreement, incorporated herein by this reference (Exhibit A-1).
c. Permitted Uses. The subject property may be used for a commercial storefront cannabis dispensary as presently authorized under Chapter 15, Article VII of the Porterville Municipal Code, §§ 15-85 through 15-105 and Chapter 21, Section 301.23, and 609.01 through 609.11, and for any other use as authorized under applicable provisions of the Porterville Municipal Code. d. Zoning. Owner shall guarantee that such activities outlined in Owner’s Commercial Cannabis Permit Application (“Application”) conducted pursuant to this Agreement and under the Commercial Cannabis Permit shall comply with the City’s municipal code, including the above-referenced zoning regulations and any 5 and all development and construction requirements contained therein. Owner shall not conduct any business under this Agreement or under the Commercial Cannabis Permit without having obtained all necessary permits, licenses, and approvals from the City and State of California.
e. Reservation or Dedication of Land for Public Purposes. If needed, sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes.

2. Term
This Agreement shall commence on the date the Ordinance approving this Agreement goes into effect (the “Effective Date”) and it shall end on August 19, 2036 fifteen (15) years from the starting date, and it shall remain in full force and effect so long as the subject property has been developed and is used for the approveda commercial cannabis facility as authorized under City Ordinance Nos. 1853 and 1854; provided, however, that such use is not abandoned for a period of more than ninety (90) days. This Agreement [SHALL] be extended for up to 1 additional five-year period following the expiration of the initial fifteen (15) year term upon the occurrence of all the following:

The Owner shall give written notice to the City no later than one hundred twenty (120) days before the expiration of the initial term that the Owner desires to extend this Agreement for an additional five-year period; (i) The Owner shows adequate evidence to the City that it has a legal and/or equitable interest in the Property and/or will have such interests for the duration of the extended term of the Agreement;
(ii) The Owner shall deposit all fees required by the City necessary for processing the extension request and drafting necessary documentation; (iii) The Owner shall be in compliance with all provisions of Ordinance Nos. 1853 and 1854, and all terms imposed by the City-issued Commercial Cannabis Permit; and
(iv) The Owner shall not be in default of any provision of any agreement between City and Owner relative to the development of the Property or of any condition of approval imposed upon any entitlement granted by the City relative to the development of the Property for which Owner has been given a written notice to cure by the City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.

3. General Business/Store and Offices – The facility will maintain hours of operation consistent with Section 15-87.L. of requirements specified in the Municipal Code, with 6 generally a minimum of 4 employees per shift. The parties may agree to a lesser number if warranted by the business volume.

4. Parking/Loading/Access: The proposed project provides 19 parking spaces, including 1 accessible van space(s). Loading will take place on-site within a loading space accessed on the east side of the structure. In no event will loading occur within the public right-of-way. Vehicular access to the site will be through an existing driveway on Morton Avenue. Within the site, access to the structures will be through the secured front office entrance. Pedestrian walkways within the structure and on the north side of the structure allow pedestrian circulation throughout the site. The project complies with the CALGreen Tier 1 by incorporating stormwater pollution prevention measures, installing energy and water-efficient equipment, and planting native and drought-tolerant landscaping at the front of the property

5. Security: The project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side areas and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secured system rack to maintain the integrity of records. Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. In addition, the applicant will employ licensed security personnel or engage a licensed security company to provide an operational security plan in compliance with applicable State law and regulations City Regulations and policies.

6. Owner’s Site and Floor Plans
a. Owner’s site plan and floor plan for the facility are attached hereto as Exhibit B and incorporated into the Application. b. A preliminary landscape plan shall be prepared and reviewed and approved by the City Manager, the Community Development Director, the Engineering and Project Management Director, and/or their respective designees.

A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities.
c. An exterior signage plan shall be prepared and reviewed and approved by the appropriate City staff in accordance with the procedures and requirements of the Porterville Municipal Code.
d. The site elevations shall comply with the City’s standards applicable to the Downtown area.

7. Facility Operations
a. Standard Operating Procedures. Owner is a lawful entity that will only 7 transact business with other legally permitted persons and entities under the California Cannabis Laws. Prior to operating a dispensary, Owner shall be required to obtain a Commercial Cannabis Permit, and all requirements pursuant to said permit, from the City pursuant to City Ordinance Nos. 1853 and 1854.

Owner shall fully comply with the minimum Operating Standards regulating the proposed Commercial Cannabis Activity as set forth in Article Chapter 15, Article 715, Sections 15-85 thorough15-105 of the Porterville Municipal Code, and those required by Ordinance No. 1853, as may be amended from time to time. b. Security Plan. Owner shall secure approval of its proposed security plan by the City prior to operating, and has attached its draft plan as Exhibit C. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and/or security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system.

Equipment and systems used for video surveillance and building alarms shall be approved by City. See Porterville Municipal Code Section 15-87, subsections (N) and (O), and for minimum security requirements.

Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where cannabis products are handled, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure cannabis products are received, handled, stored, and sold in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the City of Porterville Police Department upon request.

The security system shall also include sensors to detect entry and exit from all secure areas, panic buttons in appropriate locations, and a professionally monitored alarm system with glass breakage sensors and motion detectors. 8 Owner shall contract with or employ properly trained and licensed third-party security personnel in conformity with the requirements specified by applicable California law and regulations, to protect the welfare and safety of Owner and employees, and to ensure public safety to the neighboring community. Owner shall use security personnel during all hours of business operations. Security personnel may be armed so long as proper licensing and insurance requirements are followed and met by the third-party operator providing such security services.

Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. The (nonlimited access) reception area shall be completely separate and secured from the dispensary operations, and shall be operated in conformity will all applicable laws and regulations, and by an employee at least 21 years of age, with concurrent monitoring by onsite security personnel.
c. Fire Department Approval. Owner shall not operate any facility, and no permit, license, or other approval issued by City shall be valid unless and until the Porterville Fire Department has approved Owner’s site plan, floor plan, safety plan, and any other plans that require its approval.
d. Possession of Firearms. Except for licensed and bonded security personnel, no person employed or contracted by Owner shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide the City Manager and the Porterville Police Department, ten (10) days before bringing the firearm onto the premises, with the following:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; 2) A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency);
3) A copy of his or her California driver’s license or California identification card; and
4) Any other information reasonably required by the Porterville Police Department to show that the individual is in compliance with the provisions of all laws regarding the possession and use of a firearm. e. Identification Display. Each owner, manager, employee, and individual member engaged in the operation of the business shall at all times while engaged 9 in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Owner. f. Employee Background Checks and Procedures for Inventory Control to Prevent Non-Medical Diversion of Medical Cannabis. Only employees who receive the required background clearance pursuant to Section 15-89 of the Porterville Municipal code shall be permitted to enter Owner’s facility. Each employee will have to meet a criminal background investigation as required by the City, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the issuance of a Commercial Cannabis Permit(s) or license(s) to Owner.

Owner shall take all necessary and reasonable steps to prevent the sale or distribution of any of its cannabis products to minors; prevent revenue from the sale or distribution of its cannabis and/or infused products from going to criminal enterprises, gangs and cartels; prevent the diversion of cannabis from California to any other state; prevent state-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; prevent violence and the use of firearms in the sale of cannabis; discourage and educate against drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use; disavow growing cannabis on public lands that creates attendant public safety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
g. Point of Sale Tracking System. Owner shall maintain an inventory control and reporting system that accurately documents the cannabis products. The inventory control and reporting system shall comply with the track and trace program required by California Cannabis Law and regulations issued thereunder.

Owner shall employ an electronic point of donation/sale system approved by the State of California for all point of donations/sales tracking from seed or inception to product distribution to other licensed commercial cannabis facilities. Such approved system shall track all commercial cannabis products, each edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale). Owner's point of sale system shall have the capacity to produce historical transactional data in accordance with City's requirements. h. Record Keeping. Owner shall maintain records for all commercial cannabis and/or infused products. Owner shall comply with all record-keeping responsibilities that are set forth in Ordinance No. 1853, Section 15-87(O) of the Porterville Municipal Code, including complete and up-to-date records regarding the amount of commercial cannabis delivered and sold, and applicable State law. i. Commercial cannabis sales shall not create offensive odors; create 10 excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.

Any excess or contaminated product will be securely stored on-site until it is properly disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with state and county health and safety codes and regulations.
j. Odor Control. All structures shall have ventilation and filtration systems installed that prevent commercial cannabis plant odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Official and installed prior to commencing sales within the allowable structure. Facility air intake, exhaust, and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems will be utilized as necessary for effective odor control and management.

Owner’s draft Odor Control Plan is attached hereto as Ex. D. k. Description of Banking Plan. Owner shall seek to open a bank account under the name of Owner or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Owner shall implement other industry standard banking and/or other industry standard transactional mechanisms.
l. Transportation and Delivery Plan. Owner shall comply with all state and local law regarding transportation and delivery, including the rules governing delivery service. Owner shall retain a list of names and cellular contact numbers for all employees engaged in transportation and/or delivery of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up to date.

Owner will keep complete and up-to-date records documenting each delivery, including the amount/product(s) provided, the date and time provided, the name 11 of the employee making the delivery, the name and address of the individual corporation to whom delivery is made, and the amount of the related sale/ monetary transaction.

8. Community Relations, Employment, and Wages
a. Public Outreach and Education Program. The Owner shall coordinate and cooperate with City and any other Owners of commercial cannabis dispensaries located within City of Porterville in the establishment and implementation of appropriate public outreach and education programs. The public outreach and education programs shall be approved by City.
b. Community Benefits Program. The Owner shall coordinate and cooperate with the City and other Owners of commercial cannabis facilities located within the City of Porterville in the City Council’s establishment and implementation, and the Owners’ funding of a community benefits program which could include such items as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements, including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, and special social and community organizations. This community benefits program may be implemented by the City. The City may invite public participation in the decision-making process for identifying and prioritizing community needs and benefits, and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by the City.

Owner agrees, as a business expense, to pay the City the yearly sum of $30,000.00 or 1% of Owner’s annual gross receipts, whichever amount is greater, from the commercial operation on the Premises. Unless otherwise agreed to in writing by the parties the above amount shall be paid over the course of the calendar year on a quarterly basis, with payments due within 30 days of the end of each quarter. The first payment shall be due at within 30 days of the end of the first quarter for which the commercial operation at the Premises was operational and prorated to account for when during the quarter the opening occurred.
c. Designation of Community Relations Liaison. Owner shall designate and identify, in writing, the personnel who shall At the time of this Agreement, Owner’s day-to-day operations manager, Hussain Rayani, will be responsible for community inquiries and complaints and on-site management during normal business hours.
d. Interface with City of Porterville Police / Inspections. Owner’s day-to- day 12 operations manager, and/or the Owner’s Community Relations Liaison, Hussain Rayanias specifically designated and identified in writing, will interface with the Porterville Police Department's assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Porterville Police Department's assigned designee acting at the City Manager's request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and state and local laws and regulations, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City. See, Ordinance No. 1853, as well as Porterville Municipal Code Section 15-87, 15-96.

Owner's Initials
e. Local Recruitment, Hiring, and Training Programs. Owner is committed to making a good-faith effort to recruit, hire, and train City residents for employment by Owner. A good-faith effort means Owner shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources, including the Employment Connection, to identify qualified individuals who are City (or City area) residents, 2) Advertise for qualified City residents in trade papers and newspapers of general circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of the its workforce. The Owner commits to a local annual hiring goal of 50% of total operational jobs for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Owner shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. "Local" is defined as within a 3-mile radius of the boundaries of the City’s boundaries. The Owner shall contact and work with a job referral agency (e.g. the Employment Connection) assigned by the City Manager to implement a local hiring policy for permanent and apprentice employees. The purpose of the hiring policy is to facilitate the training and employment of local and disadvantaged job applicants for jobs within the City’s jurisdiction, and 3-mile radius of City boundaries. Applicants for jobs shall not be disqualified from hiring solely on the basis of an arrest or conviction for a Cannabis-related crime that occurred prior to November 8, 2016, and could have been prosecuted as a misdemeanor or citation under current California law. The Owner shall report on compliance with the local hiring goals as part of its annual audit report.

9. Public Art Feature/Element. Owner agrees to provide a historical/artistic feature as a component of its project, located at or near the Property. The artistic feature will be subject to the review of the City Cannabis Ad Hoc Committee and City of Porterville Arts Commission, and the approval of the City Council, prior to the commencement of work on the feature. Work on the feature must be commenced within one year of the opening of the business.
13 10. Indemnification Agreement by each Cannabis Permittee Pursuant to Ordinance Nos.1853 and 1854, and including Porterville Municipal Code Section 15-87(T), tTo the fullest extent permitted by local, state and/or federal law, the City of Porterville shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or executed a Development Agreement pursuant Ordinance No. 1853 and Chapter 609 of the Development Code, or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Permit and to the execution and approval of a Development Agreement, the Owner shall be required to meet all the conditions enumerated in Porterville Municipal Code Sections 15-85 through 15-105, before this Agreement may be executed, and before they can receive the Commercial Cannabis Permit. The City Manager shall require the Owner and each Commercial Cannabis Permittee to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee, and/or arising out of Owner’s obligations under this Agreement. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement. Attached as Exhibit E, and incorporated herein by this reference, is true and correct copy of a fully executed Indemnification Agreement.

11. Fees, Costs, and Taxes
a. Permit Fees. Owner agrees to pay all permit fees and charges authorized and referenced in Ordinance Nos. 1853 and 1854 the City’s regulations, all amounts adopted by City Council and as required by applicable laws and regulations, and any fees set forth in this Agreement. Permit application, processing, and renewal fees shall be due and payable at the time application is made or renewed.
b. Cannabis Business Tax. Owner shall comply with all provisions of Ordinance No. 1875, and Porterville Municipal Code Chapter 22, Article VI, which requires every person engaged in a Commercial Cannabis Business in the City to pay an annual Commercial Cannabis Business tax at a rate established by resolution of the City Council, but no more than 10% of annual gross receipts.

Resolution No. 99-2020, adopted by the City Council on December 15, 2020, has currently set the rate at 7% of annual gross receipts per fiscal year.

Copies of Tax Filings. Owner shall additionally provide the City with courtesy copies of each and every report Owner is required to provide to the County of Tulare or the State of California for sales, use, or other tax purposes at the time such filings are made. 14 12. Insurance
a. Insurance. Owner shall require all persons doing work on the Project, including its contractors and subcontractors (collectively, “Owner” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this section and its subsections with carriers reasonably satisfactory to City.
b. General Liability Insurance. Owner shall maintain commercial general liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) each occurrence. Such insurance shall also:
1) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insured.
2) Be primary with respect to any insurance of self-insurance programs covering City, its officials, employees, agents, and representatives. 3) Contain standard separation of insured provisions.
c. Automotive Liability Insurance. Owner shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident for the vehicles Owner operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and non-owned automobiles. Such insurance shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “Additional Insureds” by endorsement with respect to performance of this Agreement.

The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insureds; 2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives; 3) Contain standard separation of insured provisions.
d. Workers’ Compensation Insurance. Owner shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of Owner’s employees employed at or on the Project, and in the event any of the work is subcontracted, Owner shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such 15 contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Owner. In case any class of employee engaged in work on the Project is not protected under any workers’ compensation law, Owner shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected.

Owner hereby indemnifies City for any damage resulting from failure of Owner, its agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall be maintained.
e. Other Insurance Requirements. Owner shall do all of the following:
1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice to City. 2) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein.
3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.

13. Termination
a. Termination Upon End of Term. This Agreement shall terminate upon the expiration of the term, unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.
b. Effect of Termination on Owner’s Obligations. Termination of this 16 Agreement shall eliminate any further obligation of Owner to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Owner to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination. c. Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination. d. Survival After Termination. The rights and obligations of the Parties set forth in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

15. Standard Conditions for Construction
During any on-site construction activities related to development of the project site and any buildings thereon, or renovation or remodeling of existing buildings, Owner shall comply with all applicable state and local building and construction laws, regulations, and guidelines. The Project shall comply with the applicable parking standards established by the City for these particular cannabis activities.

16. Defaults and Remedies
a. Remedies in general. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings.

After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement.

Except as set forth in the preceding paragraph relating to eminent domain, Owner’s remedies shall be limited to those set forth in this Section.

Notwithstanding anything to the contrary contained herein, City covenants as provided in Civil Code Section 3300 not to sue for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to City as a result of the development of the Property.
18 b. Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
1) Except as provided in this Agreement, money damages are unavailable against City.
2) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
c. Release. Except for those remedies set forth in this Agreement, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.

Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Owner agrees that the release provided in this Section shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing, Owner acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Owner hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect.
19 Owners’ Initials
d. Termination of Agreement for Default of City. Owner may terminate this Agreement in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. Notwithstanding anything to the contrary, in the event that Owner deem it is necessary and/or advisable to cease operations in Porterville, then Owner may terminate this Agreement, and such termination shall be effective upon the date of written notice to the City.
e. Attorneys’ Fees and Costs. In any action or proceeding between City and Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorneys’ fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
f. Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Owner or is waived by City. If City terminates this Agreement because of Owner’s default, then City shall retain any and all benefits, including money or land received by City hereunder.

17. Third Party Litigation
a. General Plan Litigation. City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with City’s determination.

City shall have no liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Agreement, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or 20 portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of City’s actions in adopting it were invalid, inadequate, or not in compliance with the law.
b. Hold Harmless Agreement. To the fullest extent permitted by law, Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner’s contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner’s contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. c. Indemnification. To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Property; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at is sole option, may tender the complete defense of any third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of such counsel. This Indemnification is provided in addition to that set forth in Section 7. d. Environmental Contamination. To the fullest extent permitted by law, Owner shall indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees free and harmless from any liability, based or asserted, upon any act 21 or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding. This Indemnification is provided in addition to that set forth in Section 7.

The provisions of this Section do not apply to environmental conditions that predate Owner’s ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner’s statutory or equitable obligations as an owner or seller of the Property.
e. City to Approve Counsel. With respect to this Section, City reserves the right to approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld. f. Accept Reasonable Good Faith Settlement. With respect to this Section, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and City expressly agree that this Section does not apply to any settlement that requires an exercise of City’s police powers, limits City’s exercise of its police powers, or affects the conduct of City’s municipal operations.
g. Survival. The provisions of this Section inclusive, shall survive the termination or expiration of the Agreement.

18. California Environmental Quality Act
Owner shall pay all fees and reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Owner shall conduct and pay for any required CEQA reviews and analyses. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 – Existing Facilities. This exemption applies to projects 22 characterized as alterations to existing facilities meeting the conditions described in Section 15301.

20. Commercial Cannabis Permit Conditions of Approval
Owner shall comply with all conditions of approval of the City-issued Commercial Cannabis Permit.

21. Periodic Reviews
This Agreement shall be subject to annual review. Owner and Landlord executing this Agreement shall demonstrate good faith compliance with the terms of this Agreement.

If, as a result of such periodic review, City finds and determines, based on substantial evidence, that Owner or Landlord executing this Agreement, or successor in interest thereto, has not complied in good faith with the terms or conditions of this Agreement, City may terminate or modify this Agreement (except no modification shall increase Owner’s liability nor reduce Owner’s rights), provided that City shall first provide Owner notice of its intent to terminate, with a detailed explanation as to why, and provide Owner the reasonable right to cure the same.
a. Periodic Review. City Council shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Owner’s good faith compliance with this Agreement. During the periodic review Owner shall be required to demonstrate good faith compliance with the terms of the Agreement, through submitting an annual monitoring report, records, or equivalent written materials to the Community Development Department. The Department will schedule a hearing on the periodic review of the Development Agreement on or following the anniversary of the Effective Date, but Owner has no obligation to compel such hearing, and no implication will be made to Owner’s detriment if a hearing is not in fact held. Owner shall document any request for an extension of the term due to delays beyond the control of Owner (see Section 25.i., “Force Majeure”).
23 b. Conditional Use Permit. For all intents and purposes, the Commercial Cannabis Permit to be issued under this Agreement shall be treated as if it were a Conditional Use Permit issued to Owner for the establishment and operation of its business. The operation of the business at all times shall be required to comply with the terms of this Agreement.
c. Special Review. City Council may order a special review of compliance with this Agreement at any time. The Community Development Director or his or her designee shall conduct such special review. During a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on Owner. d. Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5. e. Certificate of Agreement Compliance. If, after a periodic or special review, Owner is found to be in compliance with this Agreement, and if Owner requests it, City shall issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the Planning Director and City Council, that (i) this Agreement remains in effect and (ii) Owner is not in default.

City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Planning Director and City Council, regardless of whether the Certificate is relied upon by assignees or other transferees or Owner.
f. Failure to Conduct Review. City’s failure to conduct a periodic review of this Agreement shall not constitute a breach of this Agreement.

23. Operating Commercial Cannabis Facility
Any party to this Agreement, shall not operate a commercial cannabis facility authorized under the municipal code unless it is the holder of a valid applicable State Cannabis License and a Commercial Cannabis Permit issued by City in accordance 24 with the procedures and requirements of Chapter 15, Article VII of the Porterville Municipal Code.

If to City: City of Porterville
291 North Main St.

Porterville, CA 93257
Attention: City Manager
and City Attorney, Porterville
McCormick, Kabot, Jenner & Lew
4010 S. Demaree Street
Visalia, CA 93277
If to Owner: Haven #7 LLC
c/o Joe Velazquez
18012 Cowan #200
Irvine, CA 92614
And
Hussein Rayani
Haven
1 West Morton
Porterville, CA 93257
25 If to Landlord: Letsinger 1995 Trust
c/o Richard E. Conway
1441 West Cheryll Court
Porterville, CA 93257

25. Miscellaneous Provisions
a. Amendment or Cancellation. This Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the parties to this Agreement or their successors in interest.
b. Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement shall not be construed as waiver of any other term or condition under this Agreement.
c. Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement.

Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the City’s development standards and design guidelines. d. Joint and Several Liability. Owner shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement or failure to pay by one Party shall also constitute a breach of this Agreement by the other Party.
e. Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it conflicts with said laws or regulations, or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect. f. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
g. Jurisdiction. The law governing this Agreement shall be that of the State of California. The parties agree that this Agreement is entered into and to be performed in Tulare County, California.
h. Disclaimer. Despite California’s commercial cannabis laws and the terms and conditions of this Agreement, or any Commercial Cannabis Permit issued pertaining to Owner or the property specified herein, California commercial cannabis possessors or business operators may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC § 801, prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use. i. Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in this section. Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project.
27 j. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement. k. Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Site. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the Tulare County Recorder within the period required by Government Code Section 65868.5. l. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property.
m. Changes to Project. The parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of the Owner, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Site or Development Plan authorized under this Agreement. The granting of one such change or request shall not obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, “Subsequent Land Use Regulations” means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public 28 purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. n. Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and (i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation or policy together with a statement of how any such matter conflicts with the provisions of this Agreement; and
(ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt to modify this Agreement to bring it into compliance with any such federal or state law or regulation.
(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Owner shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law. (iv) City Cooperation. The City shall cooperate with Owner in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Owner shall be responsible to pay all applicable fees in connection with securing of such permits, licenses or other authorizations.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day / /
29 / /
/ /
and year first above written.

CITY OF PORTERVILLE OWNER
Haven #7 LLC
Adrian Monte Reyes, Greg Meister, Mayor Name: Hussain Rayani Title: __________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
________________________________
Attorney for Owner
City Attorney

Item No. 18.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Adoption of Amended Community Development Block Grant (CDBG) Citizen Participation Plan
SOURCE: Community Development
COMMENT: The Community Development Block Grant (CDBG) Entitlement Program provides federally funded annual grants on a formula basis to entitled cities and counties throughout the nation to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for low- and moderate-income persons.

The U.S. Department of Housing and Urban Development (HUD) requires each jurisdiction that receives CDBG entitlement funding to prepare, adopt, and maintain a Citizen Participation Plan (CPP) in accordance with 24 CFR Part

91.105. The CPP establishes the policies and procedures by which residents and stakeholders may participate in the planning, implementation, and evaluation of CDBG-funded activities, including the City’s Consolidated Plan, Annual Action Plan, Consolidated Annual Performance Evaluation Report (CAPER), and any Substantial Amendments to those documents.

The Citizen Participation Plan is reviewed annually as part of the City’s required CDBG reporting process. As part of this review, staff evaluated the existing CPP and made amendments to update and clarify language, reduce redundancy, and consolidate information to improve readability and usability while maintaining full compliance with HUD requirements.

Any substantial amendments to the CPP require a minimum 30-day public comment period and City Council approval prior to submission to HUD. City Council review and adoption of the amended CPP is required before it may be included as part of the City’s Annual Action Plan submission to HUD.

RECOMMENDATION: That the City Council:

1. Conduct a public hearing to receive public testimony; and

2. Adopt the amended Community Development Block Grant
(CDBG) Citizen Participation Plan.

Item No. 18.

ATTACHMENTS: 1. DRAFT 2026 Citizen Participation Plan
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY

COMMITTEE CITIZEN PARTICIPATION PLAN
DRAFT Citizen Participation Plan
Revised January 2026
Purpose and Authority
The City of Porterville is a federal entitlement jurisdiction that receives Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD).

HUD regulations (24 CFR Part 91.105) require the City to adopt a Citizen Participation Plan (CPP) that describes how residents and stakeholders may participate in the development, implementation, and evaluation of the following HUD-required documents:
• Five-Year Consolidated Plan
• Annual Action Plan
• Consolidated Annual Performance Evaluation Report (CAPER) • Substantial Amendments to these plans
This Citizen Participation Plan explains how the City will provide reasonable notice, access to information, and meaningful opportunities for public involvement—especially for low- and moderate-income (LMI) residents and other protected populations.

Definitions

• Action Plan (AP): The Action Plan summarizes the activities that will be undertaken in the upcoming Fiscal Year (FY) to meet the goals outlined in the Consolidated Plan. The Action Plan also identifies the federal and non‐federal resources that will be used to meet the goals of the approved Consolidated Plan.
• Citizen Participation Plan (CPP): The CPP provides guidelines by which the City will promote engagement in the planning, implementation, and evaluation of the distribution of federal funds as outlined in the Consolidated Plan, Action Plan, and CAPERs. • Community Development Block Grant (CDBG): HUD’s CDBG program provides communities with resources to address a wide range of housing and community development needs that benefit very low- and low-income persons and areas. • Consolidated Annual Performance Evaluation Report (CAPER): The CAPER assesses the City’s annual achievements relative to the goals in the Consolidated Plan and proposed activities in the Action Plan. HUD requires the City to prepare a CAPER at the end of each fiscal year.
• Department of Housing and Urban Development (HUD): HUD is the federal government agency that creates and manages programs pertaining to federal home ownership, affordable housing, fair housing, homelessness, and community and housing development.
2 • Displacement: Displacement refers to the involuntary relocation of individuals from their residences due to housing development and rehabilitation activities paid for by federal funds.
• Eligible Activity: Activities that are allowable uses of the CDBG funds covered by the CPP as defined in the Code of Federal Regulations Title 24 for HUD. • Entitlement Jurisdiction: A city with a population of at least 50,000, a central city of a metropolitan area, or a qualified urban county with a population of at least 200,000 that receives grant funding from HUD.
• Five-Year Consolidated Plan (Consolidated Plan): HUD requires entitlement jurisdictions to prepare a Consolidated Plan every five years. The Consolidated Plan is a strategic plan that identifies housing, economic, and community development needs and prioritizes funding to address those needs over a five‐year period. • Low and Moderate Income (LMI): As defined annually by HUD, Low and Moderate Income (LMI) is 0‐80 percent of area median family income (AMI) for a jurisdiction, with adjustments for smaller or larger families. This includes those individuals presumed by HUD to be principally LMI (abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers). HUD utilizes three income levels to define LMI households:
o Extremely low income: Households earning 30 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) o Very low income: Households earning 50 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) o Low and moderate income: Households earning 80 percent or less than the AMI (subject to adjustments for areas with unusually high or low incomes or housing costs) • Public Hearing: Public hearings are designed to provide the public the opportunity to make public testimony and comment. Public hearings related to the Consolidated Plan are to be advertised in local newspapers and made accessible to non‐English speakers and individuals with disabilities.
• Substantial Amendments: Amendments are considered “Substantial” whenever one of the following is proposed:
o A change in the allocation priorities or a change in the method of fund distribution o A substantial change which increases or decreases the amount allocated to a category of funding within the City’s entitlement grant programs by 25 percent o To implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan
o To change the purpose or intended beneficiaries of an activity approved for CDBG funding, e.g., instead of primarily benefitting lower income households the activity instead proposes to benefit mostly moderate-income households Encouraging Broad Public Participation
The City is committed to encouraging participation from all residents, with special emphasis on:
• Low- and moderate-income persons
• Residents of assisted housing
3 • Minorities and persons with limited English proficiency • Persons with disabilities
• Elderly residents and persons experiencing homelessness Meetings are generally held at City Hall due to accessibility and central location. Translation services, assistive listening devices, and other reasonable accommodations are available upon request with advance notice.

Roles and Responsibilities
City Council
The Porterville City Council is the elected legislative body responsible for approving:
• The Consolidated Plan
• Annual Action Plans
• Substantial Amendments
• CAPERs
• Amendments to the Citizen Participation Plan
City Staff
The Community Development Department is responsible for administering HUD programs, coordinating public participation activities, and responding to public comments.

Advisory Committee
The Citizens’ Advisory and Housing Opportunity Committee (CAHOC) serves in an advisory role to the City Council on housing and community development needs, funding priorities, and fair housing efforts.

At the discretion of the City Manager, City staff may recommend program actions directly to the City Council when expedited action is necessary to protect public health, safety, or the local economy.

Public Hearings and Meetings
The City will hold public hearings to gather input and receive comments on:
• Consolidated Plans
• Annual Action Plans
• CAPERs
• Substantial Amendments
• Amendments to this Citizen Participation Plan
Minimum Hearing Requirements
• Consolidated Plan & Annual Action Plan:
o One community meeting
o One City Council adoption hearing
4 • CAPER:
o One City Council hearing
• Substantial Amendments & CPP Amendments:
o One City Council hearing
Community meetings are held at accessible locations convenient to program beneficiaries. City Council hearings are held at City Hall Council Chambers.

Public Notice and Comment Periods
Standard Review Periods
• Consolidated Plan, Action Plan, Substantial Amendments, CPP Amendments:

Minimum 30-day public comment period
• CAPER:

Minimum 15-day public comment period
Public Notice Methods
Public notices will be provided through:
• City website (www.ci.porterville.ca.us)
• Posting at City Hall
• Local newspapers of general circulation
• Distribution to interested parties and agencies
Notices will include:
• Description of the proposed action
• Comment period dates
• Hearing dates, times, and locations
• Instructions for requesting accommodations
Substantial Amendments
A Substantial Amendment is required when the City proposes to:
• Change funding priorities or methods of fund distribution • Increase or decrease a funding category by 25 percent or more • Fund a new activity not previously described
• Change the purpose, scope, location, or beneficiaries of an approved activity The City will provide reasonable notice and an opportunity to comment before implementing any Substantial Amendment.

Comments, Complaints, and Responses
Residents may submit comments or complaints regarding HUD plans or performance by:
• Mail or in person:

Porterville City Hall
Attn: Community Development Department
291 N. Main Street, Porterville, CA 93257
5 • Email: [email protected]
• Phone: (559) 782-7499
The City will attempt to respond within 15 business days.

If concerns remain unresolved, residents may contact HUD’s San Francisco Area Office.

Availability of Information and Records
The following documents are available to the public:
• Consolidated Plan
• Annual Action Plans
• CAPERs
• Citizen Participation Plan
• Amendments and related records
Documents are available:
• Online at www.ci.porterville.ca.us
• In person at the Community Development Department
If documents are not immediately available, the City will provide access within 15 business days.

Displacement and Relocation Policy
The City will minimize displacement whenever possible and comply with all federal and state relocation requirements.

If displacement occurs, eligible assistance may include:
• Rent subsidies
• Moving expenses
• Temporary or permanent relocation assistance
Temporary relocation costs related to rehabilitation projects are included in program funding when applicable.

Technical Assistance
The City will provide technical assistance, when feasible, to organizations and individuals representing low- and moderate-income residents seeking CDBG funding. Assistance may include:
• Application guidance
• Explanation of eligibility requirements
• Referrals to appropriate agencies
Technical assistance does not include financial assistance.

Advisory Committee Participation
The Citizens’ Advisory and Housing Opportunity Committee:
• Reviews housing and community development needs
• Provides recommendations on funding priorities
6 • Supports fair housing initiatives
• Serves as a forum for public discussion
Committee meetings are open to the public.

Emergency and Pandemic Flexibilities
If authorized by federal or state law (e.g., CARES Act), the City may implement alternative participation procedures, including:
• Reduced comment periods (minimum 5 days)
• Virtual public hearings
• Online-only document access
Public notices will clearly describe these alternative procedures and how the public may participate.

Amendments to This Plan
The City will provide reasonable notice and opportunity for public comment before adopting amendments to this Citizen Participation Plan.

Contact Information
Community Development Director
Claudia Calderon
[email protected]
291 N. Main Street
Porterville, CA 93257
CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Approval of Tentative Subdivision Map for the Morton Residential Development
SOURCE: Community Development
COMMENT: The City of Porterville received an application for a proposed land division for the Morton Residential Tentative Map, and staff met with the applicant during the Project Review Committee (PRC) on March 26, 2025, where the assessment of the project (PRC 2025-017) commenced. During the PRC meeting, staff provided comments pertaining to the proposed project, which outlined the entitlement process and departments’ development standards.

The project consists of a Tentative Subdivision Map (TSM) for the future residential development of APN 245-150-019, on an approximately 4.89-acre parcel on the southside of Morton Avenue, East of Westwood Street. The Porterville 2030 General Plan Land Use Element designates the Project site as Low Density Residential and is currently zoned RS-2 (Low Density Residential).

Development would generally include a subdivision of sixteen (16) residential lots, construction of a cul-de-sac and necessary on-site infrastructure, and improvements within abutting major street right-of-ways.

ANALYSIS: The proposed Tentative Subdivision Map would provide new residential housing on lots ranging from 7,300± SF to 19,200± SF. The proposed TSM is consistent with the Porterville Development Ordinance (PDO), Series 400: Land Division regulations. Circulation for the proposed development is provided through the planned internal streets, which include parkway strips, streetlights, and sidewalks. The subdivision provides an external connection to Morton Avenue through Red Oak Court with improvements that include a parkway strip and pedestrian sidewalk. The applicant has submitted a request to delineate from the development standards as outlined in Section 400.05 Authority to Vary Regulations, as it pertains to lot size and design for lots exceeding 2.5 times the width in which the Zoning Administrator made the determination that the variation is minimal and no Conditional Use Permit is required.

The project’s gross density is 3.27 units per acre, which falls below the maximum of 6.0 units per acre allowed in the Low Density Residential Land Use designation. The areas surrounding the project, east, north, and south, are all developed with single-family residential uses. The areas surrounding the project to the west are developed with rural residential use and a public school. The project’s development pattern is compatible with the area and falls well within the prescribed density mandated by the City’s General Plan.

The California Subdivision Map Act (Government Code Section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within the Porterville Development Ordinance, Series 400: Land Division. Generally, a Tentative and Final Map is required in order to subdivide land into five or more parcels. Pursuant to both the Map Act and PDO Series 400, Tentative Maps are valid for twenty-four (24) months following approval, with various mechanisms available to extend the life of the Tentative Map.

The project would be responsible for the improvement of the new proposed residential street, Red Oak Court, along with payment of specified fair-share costs to other capital improvements, payment of development impact fees as applicable, and installation of a sidewalk on Red Oak Court to enhance pedestrian access.

Pursuant to Development Ordinance Section 400.04, the City Council must deny a tentative map if it makes any of the following findings:

1. That the proposed map is not consistent with applicable general and specific plans.
o The tentative map proposes 16 single-family residential lots on

4.89 acres for a density of 3.27 units per acre and therefore is consistent with the General Plan as proposed. There is no applicable specific plan.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
o The design and improvement of the project are in accordance with the Circulation Element of the General Plan as well as with the development standards contained within the Development Ordinance, which is itself the primary tool for implementation of the General Plan. There is no applicable specific plan.

3. That the site is not physically suitable for the type of development. o The site is generally flat and level, making it optimal for the development as proposed.

4. That the site is not physically suitable for the proposed density of development.
o The project proposes 3.27 units per gross acre under the maximum requirement of 6 units per gross acre in the lowdensity residential zone district.

5. That the design of the subdivisions or the proposed improvements is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.
o A formal environmental evaluation of the project determined that the project meets all the criteria of the Categorical Exemption Class 32 Infill Projects, and that no exceptions to a categorical exemption are applicable, as per CEQA Guidelines Section 15332. The project will not result in any significant effects to the environment or to fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
o A formal environmental evaluation of the project determined that the project meets all the criteria of the Categorical Exemption Class 32 Infill Projects, and a categorical exemption is applicable, as per CEQA Guidelines Section 15332. The project will not result in any serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. o With the possible exception of easements dedicated for major street right-of-way, which will be further dedicated and improved for the benefit of the public at large, there are no easements for access through or use of the property.

Based on a fair reading of the record, including the formal environmental evaluation of the project, there is no indication that any of the findings requiring denial of the tentative map can be made.

The proposed land division and subsequent development of the site into a residential subdivision will provide much-needed housing in conformance with the City’s General Plan Land Use and Housing Element, as well as to help meet the City of Porterville’s Regional Housing Needs Allocation quota. Staff and the applicants' agents have worked through the design details to ensure adherence to the City’s General Plan and the Development Ordinance, as well as verify compliance with the California Subdivision Map Act and other applicable codes.

ENVIRONMENTAL REVIEW: During the review of the project, the Environmental Coordinator made the preliminary determination that the project would not have a significant effect on the environment and that adoption of a CEQA Categorical Exemption under a 15332 In-Fill Development Projects declaration would be appropriate.

RECOMMENDATION: That the City Council:

1. Conduct a public hearing to receive public testimony on the proposed Tentative Subdivision Map for the Morton Residential Development;

2. Find that the proposed Tentative Subdivision Map is
categorically exempt from environmental review pursuant to CEQA Guidelines Section 15332; and

3. Adopt a resolution approving the Tentative Subdivision Map for the Morton Residential Development, subject to the
conditions of approval.

ATTACHMENTS: 1. Locator Map

2. General Plan Land Use

3. Zoning Map

4. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

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RESOLUTION NO. _____-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE CONTAINING FINDINGS IN

SUPPORT OF APPROVAL OF THE TENTATIVE SUBDIVISION MAP, MORTON RESIDENTIAL DEVELOPMENT (PRC 2025-017-S)
WHEREAS: Allen William, AW Engineering (Applicant), has submitted to the City of Porterville the Morton Residential Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately

4.89-acre parcel into 16 residential lots located on the southside of Morton Avenue, East of Westwood Street (APN 245-150-019; Site); and
WHEREAS: the City of Porterville 2030 General Plan Land Use element designates the project site as low density residential and is currently zoned RS-2 (Low Density Residential); and WHEREAS: the Project also includes construction of interior streets, landscaping, public utilities, and improvements of all streets in or adjacent to the subdivision and portions of abutting rights-of-way; and
WHEREAS: on February 5, 2026, a notice was published in The Porterville Recorder setting the date and time, and place of a public hearing for February 17, 2026 and similar notices were sent to owners of property within a 300-foot radius surrounding the Site, and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on February 17, 2026, the Porterville City Council did conduct a public hearing to consider the Project; and
WHEREAS: the City Council has considered testimony from all interested parties relative to the proposed Project; and
WHEREAS: approval of the aforementioned entitlements would further the goals and objectives of the General Plan; and
WHEREAS: The City Council has made the following findings pursuant to Porterville Development Ordinance Section, 400.04, the evidence for said findings substantiated in the record:

1. The proposed map is consistent with the goals, policies, and land use designation of the Porterville 2030 General Plan.

2. The design and improvement of the subdivision is consistent with the goals and policies of the Porterville 2030 General Plan.

3. The Site is physically suitable for the type of development.

4. The Site is physically suitable for the proposed density of development.

Resolution No. _____-2026
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5. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat.

6. The design of the subdivision or type of improvements are not likely to cause serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: based on an assessment prepared pursuant to CEQA Guidelines Section 15332, the Environmental Coordinator has made a preliminary determination that the project meets the criteria for exemption from CEQA.

NOW, THEREFORE, BE IT RESOLVED: that the City Council of the City of Porterville does hereby adopt a Class 32 Categorical Exemption pursuant to CEQA Guidelines Section 15332 (InFill Development Projects) for the Tentative Subdivision Map, Morton Residential Development Project (PRC 2025-017-S).

BE IT FURTHER RESOLVED: that the City Council of the City of Porterville does hereby approve the Tentative Subdivision Map, Morton Residential Development Project (PRC 2025- 017-S) subject to the following conditions:

1. The development shall comply with the Porterville Municipal Code, Chapter 21 Development Code and conditions from the Project Review Committee (PRC) meeting held on March 26, 2025 and as outlined in the Project Review Committee (PRC) letter for PRC 2025-017.

PASSED, APPROVED, AND ADOPTED this 17th day of February, 2026. _________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: _______________________
Fernando Gabriel- Moraga, Chief Deputy City Clerk
Item No. 20.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Consideration of Amended Conditions of Approval for Villas at Della Farms Development Project
SOURCE: Engineering and Project Management
COMMENT: On May 6, 2025, following a duly noticed public hearing, the City Council approved the Della Farms Residential Development Tentative Subdivision Map via Resolution No. 45-2025 and adopted a Mitigated Negative Declaration via Resolution No. 41-2025. The approved project consists of the subdivision of approximately 25.47 acres into 160 residential lots located at the southwest corner of East Morton Avenue and North Leggett Street.

Following additional review by the Engineering and Project Management Department and coordination with the project applicant, staff determined that modifications to the required right-of-way dedication and associated street improvements along East Morton Avenue, North Leggett Street, East Cleveland Avenue, and North Henry Street are necessary to better align with the City’s adopted Land Use and Circulation Element and current infrastructure standards.

Accordingly, staff recommends amending Condition No. 19 of Resolution No. 45-2025 in its entirety to read as follows:

19. The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council, and dedication of required property for accessible ramp(s), sidewalk, etc.:
a. Morton Avenue is designated as a Major Arterial per the Circulation Element and right of way dedication will be required. The overall right of way width shall maintain 64' minimum between curbs, a 5' landscape strip measured from curb face, followed by a 5' sidewalk where the back of the sidewalk is the right of way. A 10' landscape easement behind the property line is required along with a block wall.
b. Leggett Street is designated as a Collector per the Circulation Element and right of way dedication will be required. The overall right of way width shall Item No. 20.
maintain 50' minimum between curbs, a 5' landscape strip measured from the face of curb, followed by a 5' sidewalk where the back of the sidewalk is the right of way. A 10' landscape easement behind the property line is required along with a block wall.
c. Cleveland Avenue, Henry Street and all interior streets shall maintain 36' minimum between curbs, a 5' landscape strip measured from the face of curb, followed by a 5' sidewalk where the back of the sidewalk is the right of way.

The entire north side of Cleveland Avenue is required by the subdivision and 28' of the road width; the City requests that the south side of Cleveland be completed from where the existing curb and gutter ends west of Sierra Vista Street all the way west out to Henry Street. The entire east side of Henry Street is required by the subdivision down to Cleveland Avenue; the City requests that the east side of Henry be completed from the Cleveland/Henry intersection all the way south to Putnam Avenue. The sidewalk along Putnam Avenue is to be removed and replaced to eliminate an existing jog in the improvement. This extra work is reimbursable.
d. Total area of dedication to be determined by a licensed surveyor.

The proposed amendment does not expand the project footprint, increase the number of lots, or intensify development beyond what was previously approved. The amendment refines right-of-way dedication and improvement requirements to ensure consistency with adopted circulation standards and current engineering practices.

The previously adopted Mitigated Negative Declaration adequately addressed the environmental impacts of the project. The proposed amendment does not result in new significant environmental impacts or a substantial increase in the severity of previously identified impacts. Therefore, no additional environmental review is required pursuant to the California Environmental Quality Act (CEQA).

RECOMMENDATION: That the City Council:

1. Conduct a public hearing to receive public testimony regarding the proposed amendment to the Conditions of Approval for the Villas at Della Farms Development Project;

2. Find that the proposed amendment is consistent with the previously adopted environmental document and that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA); and

3. Adopt a resolution approving the amended Conditions of Approval for the Villas at Della Farms Development Project.

Item No. 20.

ATTACHMENTS: 1. Locator Map

2. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Daniel Cervantez, Engineering and Project Management Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 7 ends

Porterville City CouncilFebruary 17, 2026

Porterville City Council
February 17, 2026