ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, JUNE 10, 2025
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov
Peticiones para servicios de traducci6n deben ser sometidas 48 horas antes a la Secretaria Municipal al numero 637-4200 ext. 212
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate, pursuant to the adopted City Council Protocols.
The meeting will be held in person and may be observed remotely via Zoom or at:
http://www.reedley.com/livestream.php.
Public comment may be made in person or submitted in writing. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.
Matthew Tuttle, Mayor
Mary Fast, Mayor Pro Tern
Christopher Arriaga, Council Member
MEETING CALLED TO ORDER
INVOCATION- Pastor Jeremy Manning, Awaken Church
PLEDGE OF ALLEGIANCE
ROLL CALL
Michael Crutchfield, Council Member
Scott Friesen, Council Member
AGENDA APPROVAL -ADDITIONS AND/OR DELETIONS
PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 1-4)
1. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF MAY 27, 2025 - (City Clerk)
Staff Recommendation: Approve
2. ADOPT RESOLUTION NO. 2025-038 APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENTS AND SIGN THE GRANT
DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT STREET RIGHT OF WAY
AND/OR TEMPORARY CONSTRUCTION EASEMENTS FROM FIVE PROPERTY
OWNERS RELATED TO THE JEFFERSON ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT - (Engineering)
Staff Recommendation: Approve
3. ADOPT RESOLUTION NO. 2025-039 AMENDING THE FISCAL YEAR 2024-2025
ADOPTED BUDGET TO RECEIVE NEW REVENUE AND APPROPRIATE SUFFICIENT
FUNDS FOR DBCP (DIBROMO-CHLOROPROPANE) SETTLEMENT AGREEMENT LEGAL FEES - (Public Works)
Staff Recommendation: Approve
4. ADOPT RESOLUTION NO. 2025-041, ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR THE REEDLEY SPORTS PARK PHASE 2 PROJECT AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE - (Engineering)
Staff Recommendation: Approve
2 ADMINISTRATIVE BUSINESS
5. ADOPTION OF 2025-2026 FISCAL YEAR BUDGET AND RELATED FISCAL ITEMS A. ADOPT RESOLUTION NO. 2025-029 OF THE CITY COUNCIL OF THE CITY
OF REEDLEY, ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY 1, 2025 TO JUNE 30, 2026, PROVIDING FOR
THE APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN
SAID FINAL BUDGET, PROVIDING FOR THE TRANSFERS AND ADDITIONAL
APPROPRIATIONS AND REPEALING ALL RESOLUTIONS AND PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 10, 2025
B. ADOPT RESOLUTION NO. 2025-030 OF THE CITY COUNCIL OF THE CITY
OF REEDLEY ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES
OF THE CITY OF REEDLEY
C. ADOPT RESOLUTION NO. 2025-031 OF THE CITY COUNCIL OF THE CITY
OF REEDLEY ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR
UNREPRESENTED EMPLOYEES
D. ADOPT RESOLUTION NO. 2025-037 OF THE CITY COUNCIL OF THE CITY
OF REEDLEY ESTABLISHING A REVISED COMPENSATION SCHEDULE
FOR THE VOLUNTEER FIRE DEPARTMENT
E. APPROVE AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
EXECUTE A SOFTWARE AS A SERVICE AGREEMENT AND RELATED
DOCUMENTS WITH CITYBASE, INC. FOR UTILITY PAYMENT KIOSKS AND
SUPPORTING PAYMENT PROCESSING SERVICES
Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Administrative Services)
Staff Recommendation: Approve
6. DISAPPROVE PROPOSED ASSESSMENT INCREASES FROM CONSOLIDATED
IRRIGATION DISTRICT TO BE LEVIED UPON CITY OWNED PARCELS THAT ARE LOCATED WITHIN THE DISTRICT - Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Public Works) Staff Recommendation: Approve Staff Marking No On The Ballot
7. ADOPT RESOLUTION NO. 2025-040 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 - Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Engineering)
Staff Recommendation: Approve
COUNCIL REPORTS
8. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS. 3 STAFF REPORTS
9. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agenda was posted in accordance with the applicable legal requirements. Dated this 5th day of June 2025.
Dates to Remember:
June 24, 2025 -Regular Meeting at 7pm
July 8, 2025-Dark
4 /J!Jvfli ~ RutlfieGreenwood, City Clerk
REEDLEY CITY COUNCIL MEETING - May 27, 2025
A complete audio record of the minutes is available at www.reedlev.ca.gov The Special meeting of Reedley City Council called to order by Mayor Pro Tern Fast at 6:01 p.m. on Tuesday, May 27, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Scott Friesen and Mary Fast Matthew Tuttle.
WORKSHOP
CONTINUED - PROPOSED FY 2025/26 BUDGET - No Action to be taken The Reedley City Budget is available on the City Website: www.reedley.ca.gov
BUDGET PRESENTATIONS AND DISCUSSIONS
1. OPENING COMMENTS
City Manager, Nicole Zieba introduced the final budget workshop and discussed that budget adoption is scheduled for June 10, 2025.
2. PUBLIC WORKS
Public Works Director, Russ Robertson reviewed his department's proposed budget including Water, Parks, Maintenance, Streets, Fleet Maintenance, Electrical and Wastewater. Mr. Robertson reviewed department's accomplishments including the grind and asphalt overlay of El Dorado and completed over 400 sidewalk repairs. He provided a briefreview of department goals and a reviewed projected revenues and expenditures.
3. ENGINEERING
City Engineer, Marilu Morales, reviewed engineering's budget for 2025-26 fiscal year. Ms. Morales reviewed the many responsibilities of the Engineering department and briefly provided an overview of the department's major projects and shared information on future projects. She reviewed the funding sources for the upcoming year and proposed expenditures. Ms. Morales provided an update regarding the Sports Park phase 2 project and discussed the completion of the Airport Restroom Project.
Council Member Fast left at 6:43pm and at that time Council Member Friesen led the meeting.
Council Member Friesen requested to recess the special meeting until the conclusion of the regular meeting.
RECESS
6:51PM-7:08PM
4. FIRE DEPARTMENT
Fire Chief Canales, provided an overview of the Fire Department Divisions. Chief Canales explained the proposed funding and expenditures for 2025-26 fiscal year and described the department's responsibilities, department staff, and fire operations. Chief Canales discussed future goals of the Fire Department.
5. POLICE DEPARTMENT
Police Chief Ediger reviewed the department's proposed 2025-2026 budget, explaining revenues and expenditures.
Chief Ediger discussed many accomplishments of the police department including staffing levels. At the conclusion he reviewed the department's goals and discussed future plans for the police department.
ADJOURNMENT
Council Member Friesen adjourned the special meeting at 7: 57pm.
REEDLEY CITY COUNCIL MEETING - May 27, 2025
Mayor Matthew Tuttle
ATTEST:
Ruthie Greenwood, City Clerk
2 REEDLEY CITY COUNCIL MEETING - May 27, 2025
A complete audio record of the minutes is available at www.reedley.ca.gov The meeting of Reedley City Council was called to order by Council Member Friesen at 7:01 p.m. on Tuesday, May 27, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Pastor Rob Tapley, Faith Community Church
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Crutchfield.
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield and Scott Friesen.
Mary Fast and Matthew Tuttle
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Council Member Crutchfield motioned, Council Member Arriaga seconded to accept and approve agenda.
Motion unanimously carried.
PUBLIC COMMENT
Lee Ky invited Staff and Council to attend the upcoming Taste of the Town which will be on Friday, June 13, 2025.
Council Member Friesen requested to table the regular council meeting until the conclusion of the special meeting.
RECESS
7:07pm-8:04pm
At 7:56pm Mayor Pro Tem Fast arrived and when the regular meeting resumed she led the meeting.
CONSENT AGENDA (Item 1-7)
Council Member Arriaga asked to discuss item 3 prior to the vote. City Engineer Marilu Morales answered questions about the item.
Council Member Friesen moved, Council Member Crutchfield seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
1. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF MAY 13, 2025 - Approved
2. RECOMMENDATION OF REJECTION OF CLAIM-SANDRA FLORES, ET AL -Approved Claim Rejection
3. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH PETERS
ENGINEERING GROUP TO PERFORM ON-CALL PROFESSIONAL SERVICES FOR THE ENGINEERING DEPARTMENT AS NEEDED -Approved
4. SECOND READING AND ADOPTION OF ORDINANCE 2025-002 AMENDING CHAPTER 3 OF TITLE 5; SPECIFICALLY, SECTIONS 5-3-20, 5-3-22 AND 5-3-27 OF THE REEDLEY MUNICIPAL CODE CONCERNING ANIMAL CONTROL -Approved
5. ADOPT RESOLUTION NO. 2025-032 ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-26 -Approved
REEDLEY CITY COUNCIL MEETING - May 27, 2025
6. ADOPT RESOLUTION NO. 2025-034, ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR THE
REEDLEY AIRPORT RESTROOM PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE -Approved
7. ADOPT RESOLUTION NO. 2025-036 APPROVING AN UPDATED CITY PERSONNEL POLICIES & PROCEDURES MANUAL-Approved
PUBLIC HEARING
8. ADOPT RESOLUTION NO. 2025-035 LEVYING THE FISCAL YEAR 2025-2026 ANNUAL ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.1 City Engineer Marilu Morales explained the annual assessments for the landscaping lighting and maintenance district.
Public Hearing Opened: 8:13 p.m.
Public Hearing Closed: 8:14 p.m.
Council Member Friesen motioned to approve and Council Member Crutchfield seconded to approve ADOPT RESOLUTION NO. 2025-035 LEVYING THE FISCAL YEAR 2025-2026 ANNUAL ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.1 Motion unanimously carried.
ADMINISTRATIVE BUSINESS
9. REJECT ALL BIDS RECEIVED OR A WARD A CONTRACT TO THE LOWEST RESPONSIBLE,
RESPONSIVE BIDDER FOR THE REED AVENUE AND REEDLEY COLLEGE DRIVEWAY TRAFFIC SIGNAL PROJECT BID OPENING HELD ON APRIL 14, 2025
City Engineer Marilu Morales explained that the item is a joint project with State Center Community College District, Kings Canyon Unified School District and the City of Reedley. After going out to bid twice the bids were still higher than expected. Since the bids came in higher than expected it would result in the city expending approximately $574,000 on the project rather than the initial $300,000. Ms. Morales asked if Council would like to proceed with the project's additional cost or if would they prefer to reject all the received bids.
Public Comment:
Shirley Ito stated she would like the project to go through.
Suzanne Johnson shared her concerns about a future traffic light is also proposed at Reed and Parlier and the signals would be too close together.
Mayor Pro Tern Fast motioned to A WARD A CONTRACT TO THE LOWEST RESPONSIBLE, RESPONSIVE
BIDDER A-C ELECTRIC COMPANY FOR THE REED AVENUE AND REEDLEY COLLEGE DRIVEWAY TRAFFIC SIGNAL PROJECT Council Member Friesen seconded the motion.
Motion unanimously carried.
COUNCIL REPORTS
10. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Friesen
• Shared about the Circle K Ribbon cutting event he attended Council Member Crutchfield
• Attended Circle K ribbon cutting event
• Shared about the Sequoia Safety EMS appreciation week event he attended 2 REEDLEY CITY COUNCIL MEETING - May 27, 2025
Council Member Fast
• Attended the Farmers Market at Reedley College
• Shared about the Memorial Day event she attended
STAFF REPORTS
UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
None
ADJOURNMENT
Mayor Pro Tern Fast adjourned the regular meeting at 8:36 p.m.
ATTEST:
Ruthie Greenwood, City Clerk
Mayor Matthew Tuttle
3 DATE:
TITLE:
SUBMITTED:
APPROVED:
June 10, 2025
REEDLEY CITY COUNCIL
[8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 2._ ---
ADOPT RESOLUTION NO. 2025-038 APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENTS AND SIGN THE
GRANT DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT STREET
RIGHT OF WAY AND/OR TEMPORARY CONSTRUCTION EASEMENTS FROM
FIVE PROPERTY OWNERS RELATED TO THE JEFFERSON ELEMENTARY
SAFE ROUTES TO SCHOOL PROJECT
Marilu S. Morales, P. E.\ \ \ ~ .
City Engineer JJV"' ~
Nicole R. Zieba 1 "- /\- /
City Manager V V r
RECOMMENDATION
Staff recommends that the City Council of the City of adopt Resolution No. 2025-038 approving and authorizing the City Manager to execute the purchase agreements and sign the grant deeds on behalf of the City of Reedley to accept street right of way and/or temporary construction easements from five property owners related to the Jefferson Elementary Safe Routes to School Project.
EXECUTIVE SUMMARY
The Jefferson Elementary Safe Routes to School Project (Project) is scheduled to begin construction in the spring/summer of 2026. The project will install sidewalks and curb ramps along Jefferson, Washington, Lincoln, Columbia and Sunset Avenues where there is currently no sidewalks or curb ramps. There will also be installation of alley approaches and replacement of some driveway approaches. The project fronts a total of one hundred nine properties. Of those properties, fifteen require the acquisition of right of way (ROW) and thirteen require temporary construction easements (TCE).
The City contracted with a consultant, Bender Rosenthal Inc., for appraisal and negotiation purposes.
Bender Rosenthal has met and negotiated with the property owners, and five of them have agreed to a total compensation equal to $14,950 for ROW to be dedicated for street purposes for the installation of curb ramps as well as TCEs during construction. There are ten additional properties that are being negotiated with that staff expects to bring to a future council meeting.
BACKGROUND
The City of Reedley received an active transportation program grant for the Jefferson Elementary Safe Routes to School project that includes Lincoln Avenue from East to Pecan Avenues, Washington and Jefferson Avenues from East to Columbia Avenues and Sunset and Columbia Avenue from Dinuba to Duff Avenues. The project is scheduled to begin construction in the spring/summer of 2026, pending acquisition of ROW and funding authorization from Caltrans, and is anticipated to be completed by winter of 2026.
The project will install sidewalk, curb ramps, alley approaches and minor driveway approaches to remove access barriers and improve student and pedestrian safety adjacent to Jefferson Elementary school. In order to construct the curb ramps, it is necessary to obtain ROW for street purposes from fifteen property owners and TCEs from thirteen property owners.
The City hired right of way consultant Bender Rosenthal, Inc., to appraise the required ROW and TCEs and negotiate a reimbursement fee with the property owners.
The property information, amount of required ROW, amount of required TCE and appraised fee is shown below:
Project APN of Subject Address Amount Amount of Appraised fee Parcel No. Property of ROW TCE 1 370-193-20 706 E Jefferson 60.5 SF 55.8 SF $1,100.00
2 370-194-01 622 S Sunset 40.5 SF - $500.00
3 370-204-04 711 E Lincoln 112.5 SF 72.5 SF $2,900.00
4 370-232-01 911 E Lincoln 792.0 SF 198.0SF $8,800.00
5 370-203-01 709 E Washington 112.5 SF 72.5 SF $1,650.00 The five property owners have agreed to the offered purchase prices listed above. The owners have signed the purchase agreements, grant deeds and/or TCEs. Staff is requesting that the City Council grant authority to the City Manager to sign all required documents, execute the agreements, and disburse to the property owners the amounts agreed to in the purchase agreements. Staff will then work with Bender Rosenthal, Inc. to record all necessary documents with the County of Fresno Recorders office and update all City maps to show the newly acquired street right of way.
Staff expects to bring the ten remaining properties that are in negotiations to Council at a future council meeting.
FISCAL IMPACT
The agreed to amounts shown in the purchase agreement and Bender Rosenthal's fee for performing their work are eligible fully for reimbursement from state aid funds for this project.
ATTACHMENT
1. Resolution No. 2025-038
2. Appendix A - APN 370-193-20 Purchase Agreement and Grant Deeds
3. Appendix B - APN 370-194-01 Purchase Agreement and Grant Deeds
4. Appendix C - APN 370-204-04 Purchase Agreement and Grant Deeds
5. Appendix D - APN 370-232-01 Purchase Agreement and Grant Deeds
6. Appendix E - APN 370-203-01 Purchase Agreement and Grant Deeds
RESOLUTION NO. 2025-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENTS AND SIGN
THE GRANT DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT STREET RIGHT OF
WAY FROM FIVE PROPERTY OWNERS AND TEMPORARY CONSTRUCTION EASEMENTS
FROM FOUR PROPERTY OWNERS RELATED TO THE JEFFERSON ELEMENTARY SAFE
ROUTES TO SCHOOL PROJECT
WHEREAS, the City of Reedley has received federal aid funds for improvements for the Jefferson Safe Routes to School (Project); and
WHEREAS, the proposed Project includes acquiring right of way for the installation of curb ramps along the frontage of five parcels; and
WHEREAS, the Project is necessary to accommodate improvements to Lincoln Ave, Washington Ave, Jefferson Ave, Sunset Ave, and Columbia Ave, and
WHEREAS, the City contract surveyor prepared the necessary grant deeds defining the required areas; and WHEREAS, as required by the federal aid guidelines, the City of Reedley hired a right of way consultant to appraise the required areas shown in the grant deeds and begin negotiations with the property owners; and WHEREAS, the consultant has obtained agreements from the property owners and obtained signed purchase agreements and grant deeds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Reedley, using their independent judgment, approves Resolution No. 2025-038 based on the following:
1. That the above recitals are true and correct.
2. This resolution is effective immediately upon adoption.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley on this 10th day of June 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: Matthew Tuttle, Mayor
Ruthie Greenwood, City Clerk
APPENDIX A
PURCHASE AGREEMENT
Baltazar Diaz
APN: 370-193-20
This Agreement for Purchase of Real Property is between the CITY OF REEDLEY, a municipal corporation ("Grantee") and BALTAZAR DIAZ, a single man ("Grantor") for acquisition of certain real property rights set forth herein for the construction, operation and use of the Jefferson Safe Routes to School Project ("Project"). \VHEREAS, the City of Reedley is in the process of acquiring the necessary real property and property rights for the Project, and has determined that portions of Grantor's property. identified as Assessor Parcel Number 370-193-20, commonly known as 706 E. Jefferson Avenue, Reedley, County of Fresno, State of California, are necessary for the construction and operation of the Project.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve Grantee of all further obligation or claims on this account, or on account of the use, location, grade, or construction of the proposed public improvement.
(B) The property to be conveyed pursuant to this Agreement is a Fee interest as described in the Grant Deed attached hereto as Exhibit "A" (the "Property").
(C) Grantee requires the Property for sidewalk improvement purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor desires to sell, and Grantee desires to purchase the Property.
(D) Grantee also desires to obtain a Temporary Construction Easement ("TCE") from Grantor over a portion of Grantor's property as described in Exhibit "B," to be used in connection with Grantor's construction of the sidewalk improvements, and Grantor is willing to grant the TCE to Grantee upon the terms and conditions set forth in this Agreement. (E) Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property and TCE by eminent domain litigation. The compensation set forth herein for the Property and TCE is in compromise and settlement, in lieu of such litigation.
(F) The parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements cif Title VI of the Civil Rights Act of 1964. This requirement under Title VI.and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination· Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F .R. Section 50 .3. (G) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.
2. Purchase Price
(A) Grantee shall pay the undersigned Grantor the total sum -of $1 ,100.00 (the "Purchase Price") for the Property and TCE, payment to be issued once the Property vests in City of Reedley. (B) It is understood and agreed by and between the parties hereto that payment of the Purchase Price as provided in Clause 2(A) includes, ·but is not limited to: payment for the fair market value of the Property conveyed; payment for any and all damages incurred by Grantor, including, but not limited to, any and all damages which may accrue to Grantor's remaining property by reason of its severance from the property conveyed herein; and payment for the TCE granted by Granter to Grantee.
Baltazar Diaz
APN: 370-193-20
(C) On or before thirty (30) days after the Effective Date (as defined in Section 17), Grantee shall pay the Purchase Price, provided Grantee has not elected to terminate this Agreement pursuant hereto in accordance with its right to terminate contained in this Agreement. (D) As additional consideration for the purchase of the Property, the Grantee shall, at no expense to the Grantor, terminate and relocate any affected irrigation within the fee acquisition area and terminate, relocate, or reinstall any affected irrigation within the TCE area. Grantor hereby grants permission to Grantee and/or Grantee's authorized agent to enter on theP roperty where necessary to complete said work. Grantor understands and agrees that after completion of said work, any such improvements shall be considered Grantors' sole property and Grantor will be solely responsible for any maintenance and repair.
3. Temporary Construction Easement
The Temporary Construction Easement ("TCE") is needed for the purposes of sidewalk construction along the right-of-way. The TCE is for 3 years and shall become effective on October 1, 2025, and expire upon completion of Project construction but no later than September 30, 2028. Restoration of the property shall occur only within the TCE area within the property. Grantee shall restore the TCE area to the condition that existed.prior to Grantee's Project construction, to the extent reasonably practical.
4. Conveyance of Title
Granter agrees to convey by Grant Deed, in the form of Exhibit "A", to Grantee title to the Property and Grantee shall take title subject to all matters recorded and/or unrecorded. These obligations shall survive the close of an internal escrow.
5. City of Reedley's Conditions to Closing
The following are conditions precedent to Grantee's obligation to purchase the Property:
(A) The transactions contemplated herein shall have been approved by the Grantee, in its sole discretion. (B) Grantor shall have delivered the items described in Section 6 below on or before the Closing. (C) Grantor duly executes and acknowledges subordination agreements, if any ; If any Condition Precedent is not satisfied, Grantee shall have the right in its sole discretion either to waive, in writing, the Condition Precedent in question and proceed with the purchase; or terminate this Agreement by written notice to Grantor.
6. Grantor's Delivery of Documents
Gran tor shall deliver to Grantee the following :
(A) Duly executed and acknowledged Grant Deed and Temporary Construction Easement Deed; (B) Such resolutions, authorizations, or other partnership documents or agreements relating to Grantor and its partners or affiliates as Grantee may reasonably require, to demonstrate the authority of Grantor to enter into this Agreement and consummate the transactions contemplated hereby, and such proof of the power and authority of the individuals executing any documents or other instruments on behalf of Grantor to act for and bind Grantor; and
(C) Certification of Trust, if any.
2 7. City of Reedley Delivery of Documents and Funds
Grantee shall deliver to Gran tor the following:
Baltazar Diaz
APN: 370-193-20
(A) Acceptance of Grant Deed and Temporary Construction Easement Deed executed by Grantee; and
(B) Payment of the Purchase Price.
8. Immediate Possession and Use
It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Property by the Grantee, including the right to remove and dispose of improvements and to construct roadway improvements, shall commence when Granter receives payment and deeds are recorded. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such immediate possession and use, including damages, if any, from said date.
9. Grantor's Representations and Warranties
Grantor represents, warrants to, and covenants with Grantee as follows:
(A) Granter has received no notice that there are now, nor at the time of the Closing will be, any material violations of any laws, rules, or regulations applicable to the Property. (B) To the best of Grantor's knowledge, there are no easements or rights of way which have been acquired by prescription or which are otherwise not of record with respect to the Property.
There are no disputes with regard to the location of any fence or other monument of the Property's boundary nor any claims or actions involving the location of any fence or boundary.
(C) Granter is the legal and equitable owner of the Property, with full right to convey the same, and without limiting the generality of the foregoing, Granter has not granted any option, or right of first refusal, or first opportunity to any third party to acquire any interest in any of the Property.
(D) Grantor hereby represents, warrants to, and covenants with Grantee that the following statements are true and correct, and will be true and correct as of the Closing: (i) the Property is not in violation of any Environmental Laws; (ii) the Property is not now, nor to the best of Grantor's knowledge ever been, used in any manner for the manufacture, use, storage, discharge, deposit, transportation, or disposal of any Hazardous Material; (iii) there has been no release and there is no threatened release of any Hazardous Material in, on, under, or about the Property; (iv) the Property does not consist of any landfill or contain any building materials that contain Hazardous Material; and (v) the Property is not subject to any claim by any governmental regulatory agency or third party related to the release or threatened release of any Hazardous Material. As used herein, the following terms shall have the meanings below:
For purposes of this Agreement, "Hazardous Material" means any substance which is (i) defined as a hazardous waste, pollutant, or contaminant under any Environmental Law, (ii) a petroleum hydrocarbon, including crude oil, or any fraction thereof, (iii) hazardous, toxic, corrosive, flammable, explosive, infectious, radioactive, carcinogenic, or reproductive toxicant, (iv) regulated pursuant to any Environmental Law, or (v) any pesticide regulated under State or Federal Law; and the term "Environmental Law" means each and every federal, State and local law, statute, ordinance, regulation, rule, judicial or administrative order, or decree, permit, license, approval, authorization, or similar requirement of an agency or other government authority, pertaining to the protection of human health and safety or the environment.
3 Baltazar Diaz
APN: 370-193-20
(E) At the time of Closing there will be no outstanding written or oral contracts made by Grantor for any improvements that have not been fully paid for and Grantor shall cause to be discharged all mechanics' or materialmen's liens arising from any labor or materials furnished to the Property prior to the time of Closing. There are no obligations in connection with the Property which will be binding upon Grantee after Closing. (F) Granter shall indemnify, defend, and hold harmless Grantee, its employees, officers, and agents, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, without limitation, reasonable attorneys' and consultants' fees, resulting from the existence of Hazardous Material or mechanics or materialmen's liens on or at the Property or arising from any representation made by Grantor in this Agreement.
10. Grantor Indemnification
Grantee shall indemnify, defend, and hold harmless Granter, its employees, officers, and agents, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, without limitation, reasonable attorneys' and consultants' fees caused by the activities allowed under this Agreement, but only to the extent caused by the active negligence or willful misconduct of the Grantee and its agents, representatives, employees, consultants, and/or contractors. Grantee agrees to assume responsibility for any damages to Grantor's remainder property caused by reason of Grantee's use of the Property under this Agreement, and will, at Agency's option, either repair or pay for such damage.
11. Non Liability of City of Reedley Officials, Employees, and Agents Notwithstanding anything to the contrary in this Agreement, no City Council Member, officer, employee, or agent of Grantee shall be personally liable to Grantor, its successors or assigns, in the event of any default or breach by Grantee or for any amount which may become due to Grantor, its successors or assigns, or for any obligation of Grantee under this Agreement.
12. Warranty of Authority
Each person signing this Agreement on behalf of a party represents and warrants that he or she has the full right, power, legal capacity, and authority to enter into this Agreement on behalf of the party, and that no further approvals or consents of any persons are necessary in connection with the execution of this Agreement.
13. Successors and Assigns
It is understood and agreed that this Agreement inures to the benefit of, and is binding upon, the parties, their respective heirs, personal representatives, successors, administrators, and/or assigns.
14. Amendments
This Agreement may be amended or modified only by a written instrument executed by Grantee and Grantor.
15. Counterparts
This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
16. Severability
In the event that any provision of this Agreement should be held to be void, voidable, or unenforceable, the remaining portions shall remain in full force and effect. 4 17. Effective Date
Baltazar Diaz
APN: 370-193-20
As used herein, the term "Effective Date" shall mean the date of the execution of this Agreement by both parties, or if executed separately the date on which the Agreement is executed by the last party to execute this Agreement, as shown in the signature blocks to this Agreement.
18. Governing Law, Venue, Attorneys' Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action regarding this Agreement shall be brought in the Superior Court of Fresno County, California. The prevailing party in any such action may recover its reasonable attorneys' fees as costs.
19. Specific Performance
In addition to any other remedy available at law, this Agreement may be enforced by specific performance.
ALL AGREEMENTS FOR PURCHASE OF PROPERTY ARE CONTINGENT UPON THE RATIFICATION AND APPROVAL OF THE CITY OF REEDLEY.
Signature Page Follows
5 Jose Mendez
APN: 370-191-10
In Witness Whereof, the Parties have executed this Agreement on the dates shown below:
GRANTOR: Baltazar Diaz, a single man
Baltazar Diaz
CITY OF REEDLEY
Nicole Zieba
City Manager
ATTEST:
Ruthie Greenwood
City Clerk
5- '3- 2 5
Date
Date
Date
6 RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ninth Street
Reedley, CA 93654
No Fee Document - per Government Code 27383
No Document Transfer Tax - per R&T Code 11922
Jefferson Safe Routes to Schools Project
A portion of APN 370-193-120
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BALTAZAR DIAZ, a single man, hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, all of Grantor's right, title, and interest in and to that certain real property situated in the City of Reedley, the County of Fresno, State of California, more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Grant Deed as of this __j_3_ day of M {tv , 2025..
,
Baltazar Diaz
(Notary Acknowledgment Attached)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed , dated ________ , from Baltazar Diaz, a single man , to the City of Reedley, a municipal corporation , is hereby accepted by the undersigned officer or agent on behalf of the City of Reedley pursuant to authority conferred by Resolution No. ___ adopted ______ _ ___ by the City of Reedley City Council and the grantee consents to recordation thereof by its duly authorized officer
City of Reedley City Clerk
Dated: -------- By: ____________ _
Ruthie Greenwood
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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.
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7 ~ · J::l~re Insert Name and Tide of the O~ r
personally appeared _____ .....,t~x_;_t _j ·~h-+;~-/--,-l~U_"·_ =[, ~)l~( ...... r .... t~=· ... ----------- - - Name(s) of Signer(s) 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.
Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
,./7 -. . . - l .11•·1 L11 :/-tn 1_(~.,,. - .. ,;,; Signature .JL ,/z,.l/4.,r, _,.,. S Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ------ ------------~==~~~= =· =··- _,_ Document Date: _ ________________ _ ____ Number of Pages:--~-·=· ~ =~ Signer(s) Other Than Named Above: _____________________ __ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): ~----- - • Corporate Officer - Title(s): ______ _ • Partner - • Limited • General • Pa rtner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator o Trustee • Gua rdian or Conservator • Other: O Other:
Signer is Representing: _________ _ Signer is Represer,ting: _________ _ ©2019 National Notary Association
EXHIBIT "A"
APN 370-193-20
All that real property situated in the State of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 South, Range 23 East, Mount Diablo Base and Meridian, and being a portion of Lot 11 of East Side Homes, Tract No. 1329, filed in Book 16 of Plats at Page 40, Fresno County Records, more particularly described as follows:
BEGINNING at the Southwest Corner of said Lot 11; thence North 00°18'09" East along the West Line of said Lot 11, a distance of 11.00 feet; thence South 44°36'01" East, a distance of
15.58 feet more or less to a point on the South Line of said Lot 11; thence North 89°30'10" West along said South Line, a distance of 11.00 feet to the TRUE POINT OF BEGINNING.
Containing an approximate area of 60.5 square feet.
Bearings shown herein are record or calculated
From record as shown on Record of Survey filed
In Book 70, of Record of Surveys, Pages 90 thru 93,
Fresno County Records.
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EXHIBIT 11B11
11.00'
LOT 11
LOT 11 OF EAST SIDE HOMES,
TR 1329, BOOK 16 OF PLATS
PAGE 40, FRESNO COUNTY
RECORDS
APN:370-193-20
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BEARINGS SHOWN ON OR CALCULATED
FROM RECORD OF SURVEY FILED IN
BOOK 70, PAGES 91 THRU 93, FRESNO
COUNTY RECORDS.
PREPARED BY:
CITY OF REEDLEY
ENGINEERING DEPARTMENT
17 33 9th STREET, REEDLEY, CA 93654
Phone : (559)637 - 4200, ext. 295
Fa x: (559)637-2139
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FEE TITLE STREET RIGHT-OF-WAY
706 E JEFFERSON AVE
370-193-20
REVISIONS:
No.: BY: DATE:
DATE:
FEB. 19, 2025
DRAWN BY:
PR
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SHEET NO. Of
' (
RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ninth Street
Reedley, CA 93654
No Fee Document - per Government Code 6103
and27383
Jefferson Safe Routes to Schools Project
A portion of APN 370-193-20
SPACE ABOVE THIS LINE FOR RECORDER'S USE
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BALTAZAR DIAZ, a single man, hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, a temporary construction easement in, over, and across certain real property situated in the City of Reedley, the County of Fresno, State of California, more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof.
Temporary Construction Easement shall be effective October 1, 2025 to September 30, 2028.
Baltazar Diaz
(Notary Acknowledgment Attached)
CERTIFICATE OF ACCEPTANCE
In accordance with Section 27281 of the Government Code, this is to certify that the interest in real property conveyed by this instrument to the City of Reedley, a municipal corporation, is hereby accepted by order of the City Council of the City of Reedley made on the date hereafter set forth and the grantee consents to the recordation thereof by this duly authorized officer.
Resolution Number 2000, adopted June 1, 1976, attached as Exhibit "C".
City of Reedley City Clerk
Dated: -------- By: ____________ _
Ruthie Greenwood
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 5 /13 j 2025 before me, j 1' 'ill r
I Date :" Here lnRrt Name and Title of the icer
personally appeared ____ __.,Ll,_,:_/ Cl___:l___:n____.:. n____.:_ ZL--"'--C- l :;..__ r ....... U-'--'i'--"' IJ4-<Z...,,,,__ ________ _ Name(s) of Signer(s)
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 PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
• Corporate Officer - Title(s): ______ _
CJ Partner - • Limited • General
c:::! Individual • Attorney in Fact
t.:' Trustee O Guardian or Conservator
0 Other: ______________ _
Signer Is Representing: _________ _
Signer's Name: ____________ _
LJ Corporate Officer - Title(s): ______ _
t-l Partner - C Limited = General
=:1 Individual
,-, Trustee
c: Attorney in Fact
::-~ Guardian or Conservator = Other: ______________ _
Signer Is Representing: _________ _
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A"
APN 370-193-20
A TEMPORARY CONSTRUCTION EASEMENT over and across all that real property situated in the State of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 South, Range 23 East, Mount Diablo Base and Meridian, and being a portion of Lot 11 of East Side Homes, Tract No. 1329, filed in Book 16 of Plats at Page 40, Fresno County Records, more particularly described as follows:
BEGINNING at a point on the West Line of said Lot 11, which lies North 00°18'09" East, a distance of 11.00 feet from the Southwest Corner of said Lot 11; thence continuing North 00°18'09" East along said West Line, a distance of 4.25 feet; thence leaving said West Line, South 44°36'01" East, a distance of 21.60 feet more or less to a point on the South Line of said Lot 11; thence North 89°30'10" West along said South Line, a distance of 4.25 feet; thence leaving said South Line, North 44°36101" West, a distance of 15.58 feet to the West Line of said Lot 11 and the TRUE POINT OF BEGINNING.
THIS TEMPORARY CONSTRUCTION EASEMENT SHALL BE EFFECTIVE OCTOBER 1, 2025 TO SEPTEMBER 30, 2027.
Containing an approximate area of 55.8 square feet.
Bearings shown herein are record or calculated
From record as shown on Record of Survey filed
In Book 70, of Record of Surveys, Pages 90 thru 93,
Fresno County Records.
Date: ~j J~ Zte'.:J
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LOT 11
LOT 11 OF EAST SIDE HOMES,
TR 1329, BOOK 16 OF PLATS
PAGE 40, FRESNO COUNTY
RECORDS
24,0' APN : 370-193-20
NOTE:
/ / lt
SOUTHWEST_;
CORNER LOT 11
AND TRUE POINT
OF BEGINNING
BEARINGS SHOWN ON OR CALCULATED
FROM RECORD OF SURVEY FILED IN
BOOK 70, PAGES 91 THRU 93, FRESNO
COUNTY RECORDS.
t---,.JEFl~ERSOi· AVENUE
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• NORTH
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PREPARED BY:
Cl Y OF REEDLEY
ENG INEER ING DEPARTMENT
1733 9t h STREET, REEDLEY, CA 93654
Phone: (559)63 7-4200, ext. 295
Fax: (559)637-2139
Cl 5
D IAGRAM OF
TEMPORARY CONSTRUCTION EASEMENT
706 E JEFFERSON AVE
370-193-20
REVIS IONS: DATE:
APR. 11 , 2025
DRAWN BY:
No.: BY: DATE: PR
10 1.5
SCALE
1" = 10'
SHEET NO. OF
20 Exhibit "C"
RESOLUTION NO. 2000
AUTHORIZING THE CITY CLERK OF THE CITY OF REEDLEY TO
CONSENT TO DEEDS AND THE RECORDATION THEREOF
BE IT RESOL YEO by the City Council of the City of Reedley that the City Clerk of the City of Reedley be and is hereby authorized, pursuant to the provisions of Government Code Section 27281, to accept and consent to deeds or grants whereby any interest in real property is conveyed to the City of Reedley, a municipal corporation, and to consent to the recordation thereof.
BE IT FURTHER RESOLVED that the City Clerk of the City of Reedley shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of Fresno County. ******************************************************
I hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Reedley, at a regular meeting thereof held on the 1st day of June, 1976, by the following vote, to-wit:
AYES: Councilmen Wade, Wilder, Ball, Lovegreen, and Mayor Camacho.
NOES: None.
ABSENT: None .
City Clerk
APPENDIX B
PURCHASE AGREEMENT
Jesus Luevano
APN: 370-194-01
This Agreement for Purchase of Real Property is between the CITY OF REEDLEY, a municipal corporation ("Grantee") and JESUS LUEVANO, a married man as his sole and separate property ("Grantor") for acquisition of certain real property rights set forth herein for the construction, operation and use of the Jefferson Safe Routes to School Project ("Project").,
WHEREAS, the City of Reedley is in the process of acquiring the necessary real property and property rights for the Project, and has determined that portions of Grantor's property. identified as Assessor Parcel Number 370-194-01, commonly known as 622 S. Sunset Avenue, Reedley, County of Fresno, State of California, are necessary for the construction and operation of the Project.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve Grantee of all further obligation or claims on this account, or on account of the use, location, grade, or construction of the proposed public improvement.
(B) The property to be conveyed pursuant to this Agreement is a Fee interest as described in the Grant Deed attached hereto as Exhibit "A" (the "Property").
(C) Grantee requires the Property for sidewalk improvement purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor desires to sell, and Grantee desires to purchase the Property.
(D) Both Granter and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property by eminent domain litigation. The compensation set forth herein for the Property and is in compromise and settlement, ·in lieu of such litigation. (E) The parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Section 50.3. (F) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.
2. Purchase Price
(A) Grantee shall pay the undersigned Granter the total sum of $500.00 (the "Purchase Price") for the Property to be issued once the Property vests in City of Reedley. (B) It is understood and agreed by and between the parties hereto that payment of the Purchase Price as provided in Clause 2(A) includes, but is not limited to: payment for the fair market value of the Property conveyed; payment for any and all damages incurred by Grantor, including, but not limited to, any and all damages which may accrue to Grantor's remaining property by reason of its severance from the property conveyed herein.
(C) On or before thirty (30) days after the Effective Date (as defined in Section 16), Grantee shall pay the Purchase Price, provided Grantee has not elected to terminate this Agreement pursuant hereto in accordance with its right to terminate contained in this Agreement.
Jesus Luevano
APN: 370-194-01
(D) As additional consideration for the purchase of the Property, the Grantee shall, at no expense to the Grantor, terminate and relocate any affected irrigation within the fee acquisition area. Grantor hereby grants permission to Grantee and/or Grantee's authorized agent to enter on the Property where necessary to complete said work. Grantor understands and agrees that after completion of said work, any such improvements shall be considered Grantors' sole property and Grantor will be solely responsible for any maintenance and repair.
3. Conveyance of Title
Granter agrees to convey by Grant Deed, in the form of Exhibit "A", to Grantee title to the Property and Grantee ·shall take title subject to all matters recorded and/or unrecorded. These obligations shall survive the close of an internal escrow.
4. City of Reedley's Conditions to Closing
The following are conditions precedent to Grantee's obligation to purchase the Property:
(A) The transactions contemplated herein shall have been approved by the Grantee, in its sole discretion. (B) Grantor shall have delivered the items described in Section 5 below on or before the Closing. (C) Grantor duly executes and acknowledges subordination agreements, if any; If any Condition Precedent is not satisfied, Grantee shall have the right in its sole discretion either to waive, in writing, the Condition Precedent in question and proceed with the purchase; or terminate this Agreement by written notice to Grantor.
5. Grantor's Delivery of Documents
Granter shall deliver to Grantee the following:
(A) Duly executed and acknowledged Grant Deed;
(B) Such resolutions, authorizations, or other partnership documents or agreements relating to Grantor and its partners or affiliates as Grantee may reasonably require, to demonstrate the authority of Grantor to enter into this Agreement and consummate the transactions contemplated hereby, and such proof of the power and authority of the individuals executing any documents or other instruments on behalf of Grantor to act for and bind Grantor; and
( C) Certification of Trust, if any.
6. City of Reedley Delivery of Documents and Funds
Grantee shall deliver to Gran tor the following:
(A) Acceptance of Grant Deed executed by Grantee; and
(B) Payment of the Purchase Price.
7. Immediate Possession and Use
It is agreed and confirmed by the parties hereto that, notwithstanding other prov1s1ons in this Agreement, the right of possession and use of the Property by the Grantee, including the right to remove and dispose of improvements and to construct roadway improvements, shall commence when Grantor receives payment and deed is recorded. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such immediate possession and use, including damages, if any , from said date. 2 8. Grantor's Representations and Warranties
Grantor represents, warrants to, and covenants with Grantee as follows:
Jesus Luevano
APN: 370-194-01
(A) Granter has received no notice that there are now, nor at the time of the Closing will be, any material violations of any laws, rules, or regulations applicable to the Property. (B) To the best of Grantor's knowledge, there are no easements or rights of way which have been acquired by prescription or which are otherwise not of record with respect to the Property.
There are no disputes with regard to the location of any fence or other monument of the Property's boundary nor any claims or actions involving the location of any fence or boundary.
(C) Grantor is the legal and equitable owner of the Property, with full right to convey the same, and without limiting the generality of the foregoing, Gran tor has not granted any option, or right of first refusal, or first opportunity to any third party to acquire any interest in any of the Property.
(D) Grantor hereby represents, warrants to, and covenants with Grantee that the following statements are true and correct, and will be true and correct as of the Closing: (i) the Property is not in violation of any Environmental Laws; (ii) the Property is not now, nor to the best of Grantor's knowledge ever been, used in any manner for the manufacture, use, storage, discharge, deposit, transportation, or disposal of any Hazardous Material; (iii) there has been no release and there is no threatened release of any Hazardous Material in, on, under, or about the Property; (iv) the Property does not consist of any landfill or contain any building materials that contain Hazardous Material; and (v) the Property is not subject to any claim by any governmental regulatory agency or third party related to the release or threatened release of any Hazardous Material. As used herein, the following terms shall have the meanings below:
For purposes of this Agreement, "Hazardous Material" means any substance which is (i) defined as a hazardous waste, pollutant, or contaminant under any Environmental Law, (ii) a petroleum hydrocarbon, including crude oil, or any fraction thereof, (iii) hazardous, toxic, corrosive, flammable, explosive, infectious, radioactive, carcinogenic, or reproductive toxicant, (iv) regulated pursuant to any Environmental Law, or (v) any pesticide regulated under State or Federal Law; and the term "Environmental Law" means each and every federal, State and local law, statute, ordinance, regulation, rule, judicial or administrative order, or decree, permit, license, approval, authorization, or similar requirement of an agency or other government authority, pertaining to the protection of human health and safety or the environment.
(E) At the time of Closing there will be no outstanding written or oral contracts made by Grantor for any improvements that have not been fully paid for and Grantor shall cause to be discharged all mechanics' or materialmen's liens arising from any labor or materials furnished to the Property prior to the time of Closing. There are no obligations in connection with the Property which will be binding upon Grantee after Closing. (F) Grantor shall indemnify, defend, and hold harmless Grantee, its employees, officers, and agents, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, without limitation, reasonable attorneys' and consultants' fees, resulting from the existence of Hazardous Material or mechanics or materialmen's liens on or at the Property or arising from any representation made by Grantor in this Agreement.
3 --- - --------------- --- --- --- - - ---- - - -----·-------
9. Grantor Indemnification
Jesus Luevano
APN: 370- 194-01
Grantee shall indemnify, defend, and hold harmless Grantor, its employees, officers, and agents, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, without limitation, reasonable attorneys' and consultants' · fees caused by the activities allowed under this Agreement, but only to the extent caused by the active negligence or willful misconduct of the Grantee and its agents, representatives, employees, consultants, and/or contractors. Grantee agrees to assume responsibility for any damages to Grantor's remainder property caused by reason of Grantee's use of the Property under this Agreement, and will, at Agency's option, either repair or pay for such damage.
10. Non Liability of City of Reedley Officials, Employees, and Agents Notwithstanding anything to the contrary in this Agreement, no City Council Member, officer, employee, or agent of Grantee shall be personally liable to Grantor, its successors or assigns, in the event of any default or breach by Grantee or for any amount which may become due to Grantor, its successors or assigns, or for any obligation of Grantee under this Agreement.
11. Warranty of Authority
Each person signing this Agreement on behalf of a party represents and warrants that he or she has the full right, power, legal capacity, and authority to enter into this Agreement on behalf of the party, and that no further approvals or consents of any persons are necessary in connection with the execution of this Agreement.
12. Successors and Assigns
It is understood and agreed that this Agreement inures to the benefit of, and is binding upon, the parties, their respective heirs, personal representatives, successors, administrators, and/or assigns.
13. Amendments
This Agreement may be amended or modified only by a written instrument executed by Grantee and Grantor.
14. Counterparts
This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
15. Severability
In the event that any provision of this Agreement should be held to be void, voidable, or unenforceable, the remaining portions shall remain in full force and effect.
16. Effective Date
As used herein, the term "Effective Date" shall mean the date of the execution of this Agreement by both parties, or if executed separately the date on which the Agreement is executed by the last party to execute this Agreement, as shown in the signature blocks to this Agreement.
17. Governing Law, Venue, Attorneys' Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action regarding this Agreement shall be brought in the Superior Court of Fresno County, California. The prevailing party in any such action may recover its reasonable attorneys' fees as costs. 4 18. Specific Performance
Jesus Luevano
APN: 370-194-01
In addition to any other remedy available at law, this Agreement may be enforced by specific performance.
ALL AGREEMENTS FOR PURCHASE OF PROPERTY ARE CONTINGENT UPON THE RATIFICATION AND APPROVAL OF THE CITY OF REEDLEY.
Signature Page Follows
5 In Witness Whereof, the Parties have executed this Agreement on the dates shown below:
GRANTOR: Jesus Luevano, a married man as his sole and separate property < 7 P.s,::JS k(? t/4%Y,t7
Jesus Luevano
CITY OF REEDLEY
Nicole Zieba
City Manager
ATTEST:
Ruthie Greenwood
City Clerk
Date
Date
6 Jesus Luevano
APN: 370-194-01
RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ninth Street
Reedley, CA 93654
No Fee Document - per Government Code 27383
No Document Transfer Tax - per R&T Code 11922
Jefferson Safe Routes to Schools Project
A portion of APN 370-194-01
SPACE ABOVE THIS LI NE FOR RECORDER'S USE
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JESUS LUEVANO, a married man as his sole and separate property, hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, all of Grantor's right, title, and interest in and to that certain real property situated in the City of Reed ley, the County of Fresno, State of California, more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof.
IN WITNES WHEREOF, the undersigned Granter has executed this Grant Deed as of this //1 dayot _________ , 2025' ~
~u5 devcwa
Jesus Luevano
(Notary Acknowledgment Attached)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed, dated ________ , from Jesus Luevano , a married man as his sole and separate property, to the City of Reedley, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City of Reedley pursuant to authority conferred by Resolution No. __ _ adopted __________ by the City of Reedley City Council and the grantee consents to recordation thereof by its duly authorized officer City of Reedley City Clerk
Dated: _______ _ By: ____________ _
Ruthie Greenwood
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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
-
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.
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official ~e/
flp, 0
Signature /k-:ftJLZl{ ~~- Signature of otary Public
....... ===-........ =------=-===,_OPTIONAL -=====---------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _ • Corporate Officer - Title(s): ______ _ • Corporate Officer - Title(s): ~ ------ • Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual D Attorney in Fact • Trustee • Guardian or Conservator • Trustee D Guardian or Conservator • Other: - --- ------- ---~ • Other: ~-------------- Signer Is Representing: _________ _ Signer Is Representing: ------~~~= ©2014 National Notary Association • www.NationalNotary.org • i -800-US NOTARY (i-800-876-6827) Item #5907 EXHIBIT " A"
APN 370-194-01
All that real property situated in the Stat e of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 Sout h, Range 23 East, Mount Diablo Base and Meridian, and being a portion of Lot 21 of East Side Homes, Tract No. 1329, filed in Book 16 of Plats at Page 40, Fresno County Records, more particularly described as fol lows:
BEGINNING at the Northwest Corner of said Lot 21; thence South 89°30'10" East along the North Line of said Lot 21, a distance of 9.00 feet; thence South 45°23'59" West, a distance of
12.71 feet more or less to a point on the West Line of said Lot 21; thence North 00°18'09" East along said West Line, a distance of 9.00 feet to the TRUE POINT OF BEGINNING.
Containing an approximate area of 40.5 square feet.
Bearings shown herein are record or calculated
From record as shown on Record of Survey filed
In Book 70, of Record of Surveys, Pages 90 thru 93,
Fresno County Records.
EXHIBIT 11B11
~r JEFFERSON
~I
AVENUE
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NORTHWEST-~1 (\J
CORNER LOT 21 '\
AND TRUE POINT \
OF BEGINNING \
24.0'
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\ S 89"30'10" E
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b CJ'I i/ / · · n:S'~ ·~ o r / ..._,,'< ~(;j,-
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03}~~}.ax.5 . DATE
NOTE:
BEARINGS SHOWN ON OR CALCULATED
FROM RECORD OF SURVEY FILED IN
BOOK 70, PAGES 91 THRU 93, FRESNO
COUNTY RECORDS.
LOT 21 OF EAST SIDE HOMES,
TR 1329, BOOK 16 OF PLATS
PAGE 40, FRESNO COUNTY
RECORDS
APN: 370-194- 01
[Z?22J. FEE ACQUISITION AREA FOR
,// . RIGHT -OF-WAY PURPOSES 1 ±40.5 S.F.
LOT 21
• NORTH
SCALE : 1 " = rn · _,
I
0 20
PREPARED BY:
C TY OF REEDLE
ENG INEERING DEPARTMENT
1733 9th STREET, REEDLEY, CA 93654
Phone : (559)637 -4200, ext. 295
Fax: (559)637-2139
DIAGRAM OF
FEE T ITLE STREET RIGHT-OF-WAY
622 E JEFFERSON AVE
370-194-01
REVIS IONS:
No. : [JY: DATE:
DATE:
FEB. 19, 2025
DRAWN BY:
. PJ3
SCALE
1" = 10'
SH~ET NO. OF
APPENDIX C
PURCHASE AG REEM ENT
James L. Merlo and Rhonda P. Merlo
APN: 370-204-04
This Agreement for Purchase of Real Property is between the CITY OF REEDLEY, a municipal co rporation ("Grantee") and JAMES L. MERLO AND RHONDA P. MERLO, Co-trustees of the JAMES L. MERLO .. \~' D HHO-NDA P'. 1\-1 Rt() Fii mily l'rust l.' ndc r Dtdari:!inil:m of L.ivi~1g Tnni D.'~icd April 2i , 2011 (1'1.
Revocable Living Trust) ("Crantor") for acquisition of certain real property rights set fo rth herein for the construction, operation and use of the Jefferson Safe Routes to School Project ("Project").
WHEREAS, the City of Reedley is in the process of acquiri ng the necessary real prope11y and property rights fo r the Project, and has detennined that portions of Grantor's property. identified as Assessor Parcel Number 370-204-04, commonly known as 711 E Lincoln Avenue, Reedley, County of Fresno, State of California, are necessary for the construction and operation of th e Project.
In consideration of which, and the other considerations herein after set fo11h, it is mutually agreed as follov,is:
1. IJ \ :1 The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve Grantee of all fu1ther obligation or claims on this account, or on account of the use, locati on, grade, or construction of the proposed public improvement.
Wi The property to be conveyed pursuant to this Agreement is a Fee interest as described in the Grant Deed attached hereto as Exhibit "A" (the 11 Propet1y"). (('_) Grantee requires the Propetiy for sidewalk improvement purposes, a publi c use for which Grantee has the authority to exercise the power of eminent domain. Grantor desires to sell, and Grantee desires to purchase the Property.
(D) Grantee also desires to obtain a Temporary Construction Easement ("TCE") from Grantor over a po1tion of Grantor's property as described in Exhibit "B," to be used in connection with Grantor's construction of the sidc\valk improvements, and Grantor is ,.v illing to grant the TCE to Grantee upon the terms and conditions set fo1th in this Agreement. (F'.) Both Grantor and Grantee recogn ize the expense, time, effo1t, and risk to both parties in determining the compensation for the Prope11y and TCE by eminent domain litigation . The compensation set forth herein for the Property and TCE is in compromise and settlement, in lieu of such litigation .
IY j The pa11ies to this Agreement shall , pursuant to Section 2 l .7(a) of Title 49 , Code of Federal Regulations, comply with al l el ements of Title VI of the Civil Rights Act of 1964. This requirement under Title Vl and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Section 50 .3. ( (~) No person in the United States shall ,. on the grounds of race, color, or national origin, be excluded from participation in, be denied th e benefits of, or be othen,vise subjected to discrimination under any program or activity that is the subject of this Agreement.
2. Purchase Price
(_..-\ J Grantee shall pay the undersigned Gran tor the total sum of $2,900.00 (the "Purchase Price") for the Property and TCE, payment to be issued once the Property vests in City of Reedley . (B I It is understood and agreed by and between the parties hereto that payment of the Purchase Price as provided in Clause 2(A) in cludes, but is not limited to: payment fo r the fair market value of the l rop·L: rLy co1wc-ycd: ~ayrn cnl rm m1~, ~nd i.!ll Jar:n ag··s !1r,.::LHri;:d b.), ( ira111 u1·, ir1•:.: l1.1· 11 g, but l i•,:•I. limited to, any and all damages ,vhich may accru e to Grantor's remaining property by reason of its severance from the property conveyed herein; and payment for the TCE granted by Grantor to Grantee.
James L. Merlo and Rhonda P. Merlo
APN: 370-204-04
(C} On or before thirty (30) days after the Effective Date (as defined in Section 17), Grantee shall pay the Pu ·c!,:;i. c Pr:cc. X0.'i ided Gra1lc.;:: has not ckctcd 1t) 1ern1 in.all'. thi•; ,•\ ~r" .;.m.:nl p rrnan l hereto in accor·,an ··c ,,,·itb its ngbt Lu l4.:rm imll ..: c111 h1in i:d io tJ1s:~ / 1.gnxmc-n t. ,: I } A~ acld itimwl c,.:11 1::: idr,.T2Jif.o r1 k11· L ,: p 11·ch;:i,.;.:.:: •~:ii' 1.h,; Propc-rL;i. i:l1l: Ci r:.1 nti .. T ~h,3 \J. at no l·:..: pl'.n:;.c t1 1 11-w (inmtor. iern11tmr;i.: and lf{: i l) '··i~[t .:-11 y iJlli2ctL~·l1 ir6galio n ,, ,.-ithin 1h,:; frL' :'i-;:'qu i:d tk111 ;Jiri..::,\ ;md U:nn i11u1 i:.-. 1·d m:.alc. m rein1slnll ;,11 y sffe·c1cd in·igat.ion •.- it.11 ir, d c; TCf·: 8!r '<L. ( ir:.mtur hc:reh; ~ 1·a1 1~. 171.:T1n iss ir•n 1.,::• C, 1··1 Lee am:l.,•'oi• ( ir~ :1lec':-; aufr,ori,,:l'.d .J,gcm t,.1 c,1 1.:::r vn 1hl' Prnp-:::1·t:,. \ •,:lh.Tc ncces.::,ur:1 lo l:or1 plc~e 1·L1icl 1vr,rk. Gnmto:r L n1r.k:r.),lands 2;n-:1 /!;g.ri.;1,:·s t.hat ofter con·pktion uf sad •,·,, ork. •ll) SL!'.::h i 11i 11 rt.n·l'. 1.1 c 1w ; ~ld I be con.sidt r\!(l GL--:.1.mrn·~:;• ::i 1k prnpcrt: 1:i1 1d Cirnmtor ,d i I bL.: :;; fJ.:: I~. r, .. ,~,r:rn1'i-i[Jk l~x an;. 1n<Li 1,i~nartl'c and !'l.;'.p11r.
3. Temporary Construction Easement
The Temporary Construction Easement ("TCE") is needed for the purposes of sidewalk construction along the right-of-way. The TCE is for 3 years and shall become effective on October 1, 2025, and expire upon completion of Project construction but no later than September 30, 2028 . Restoration of the property shall occur only v.iithin the TCE area within the property. Grantee shall restore the TCE area to the condition that existed prior to Grantee's Project construction, to the extent reasonably practical.
4. Conveyance of Title
Grantor agrees to convey by Grant Deed, in the form of Exhibit ··A'', to Grantee title to the Property and Grantee shall take title subject to all matters recorded and/or unrecorded. These obligations shall survive the close of an internal escrm,v.
5. City of Reedley's Conditions to Closing
The following are conditions precedent to Grantee's obligation to purchase the Property:
(A) The transactions contemplated herein shall have been approved by the Grantee, in its sole discretion. (B) Grantor shall have delivered the items described in Section 6 belov,1 on or before the Closing. (C) Grantor duly executes and acknowledges subordination agreements, if any; Ii'" any (\ mdili ori Pre cedet'fl is 11U s21ti:1l1ed. ran L,[•fi:' ~I ·1 tl h:::J\ e LI -e 1·igli in its sol e discr~1· ·,n c ithn L•;) waive. iri wrhii,g. the C._1,ri dilio Prc-c~dent in ,.1ursLi on and r•n H~ t·i.:d \ 11 hh I Ii ·· purchasi; : n1· i 'n i ate- th i~.
Agreement by v,1 ritten notice to Grantor.
(i. Grantor's Delivery of Documents
Gran tor shall deliver to Grantee the following :
(A) Duly executed and acknowledged Grant Deed and Tempora,y Construction Easement Deed; (B) Such resolutions, authorizations, or other partnership documents or agreements rel ating to Grantor and its partners or affiliates as Grantee may reasonably require, to demonstrate the au thority of Grantor to enter into this Agreement and consummate the transactions contemplated hereby, and such proof of the pO\;ver and authority of the individuals executing any documents or other instruments on behalf of Grantor to act for and bind Grantor; and
(C) Certification of Trust, if any.
7. City of Reedley Delivery of Documents and Funds
Grantee shall deliver to Grantor the following :
James L. Merlo and Rhonda P. Merlo
APN: 370-204-04
i 1\ J Acceptance of Grant Deed and Temporary Construction Easement Deed executed by Grantee; and
(B) Payment of the Purchase Price.
8. Immediate Possession and Use
It is agreed and confirmed by the parties hereto that, notv,,iithstanding other prov1s1ons in this Agreement, the ri gh t of possession and use of the Property by the Grantee, incl uding the right to remove and dispose of improvements and to construct roadv.ray improvements, shall commence \vhen Grantor receives payment and deeds are recorded. The amount shown in Clause 2(A) herein includes, but is not limited to. full payment fo r such immedi ate possession and use, including damages, if any , from said date.
9. Grnntor's Representations and Warranties
Grantor represents, \Varrants to, and covenants with Grantee as fo llo\-vs:
U\) Grantor has received no notice that there are nO\v, nor at the time of th e Closing ,viii be, any material violations of any lav-,is, rules, or regulations applicable to the Property. {ti,} To the best of Grantor's knov,1 ledge, there are no easements or rights of way ,,vhich have been acquired by prescription or which are othen-vise not of record with respect to the Property.
There are no disputes ,,vith regard to the location of any fence or other monument of the Prope1ty's boundary nor any claims or actions involving the location of any fence or boundary.
(C ) Grantor is the legal and equitable owner of the Prope1ty, with full right to convey the same, and ,:v ithout limiting the generality of the foregoing, Gran tor has not granted any option, or right of first refusal, or first opportunity to any third party to acquire any interest in any of the Property.
(IJ) Grantor hereby represents, warrants to, and covenants with Grantee that the following statements are true and correct, and will be true and correct as of the Closing: (i) the Prope1ty is not in violation of any Environmental Laws; (ii) the Property is not now, nor to the best of Grantor's knowledge ever been, used in any manner for the manufacture, use, storage, discharge, deposit, transportation, or disposal of any Hazardous Material; (iii) there has been no release and there is no threatened release of any Hazardous Material in, on, under, or about the Prope11y; (iv) the Property does not consist of any landfill or contain any building materials that contain Hazardous Material; and (v) the Property is not subject to any claim by any governmental regulatory agency or third pa11y related to th e release or threatened release of any Hazardous Material. As used herein, the following terms shall have the meanings below:
For purposes of this Agreement, "Hazardous Material" means any substance which is (i) defined as a hazardous waste, pollutant, or contaminant under any Environmental Law, (ii) a petroleum hydrocarbon , including crude oil, or any fraction thereof, (iii) hazardous, toxic, corrosive, flammable, explosive, infectious, radioactive, carcinogenic, or reproductive toxicant, (iv) regulated pursuant to any Environmental Law, or (v) any pesticide regulated under State or Federal Law; and the term "Environmental Law" means each and every federal, State and local law, statute, ordinance, regu lati on, rule, judicial or administrative order, or decree, permit, licen se, approval, authorization, or simi lar requirement of an agency or other government authority, pertaining to th e protecti on of human health and safety or the environment.
James L. Merlo and Rhonda P. Merlo
APN: 370-204-04
1. r::°f At the time of Closing there will be no outstanding wriuen or oral contracts made by Grantor for any improvements that have not been fully paid for and Grantor shall cause to be discharged all mechanics' or materialmen's liens arising from any labor or materials furnished to the Prope1ty prior to the time of Closing. There are no obligations in connection \-vith the Property which will be binding upon Grantee after Closing. (l' f Grantor shall indemnify, defend, and hold harmless Grantee, its employees, officers, and agents, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, without limitation , reasonable attorneys' and consultants' fees, resulting from the existence of Hazardous Material or mechanics or materialmen's liens on or at the Property or arising from any representation made by Grantor in this Agreement.
10. Grantor Indemnification
Grantee shall indemnify, defend, and hold harmless Grantor, its employees, officers, and agents, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, without limitation, reasonable attorneys' and consultants' fees caused by the activities allowed under this Agreement, but only to the extent caused by the active negligence or willful misconduct of the Grantee and its agents, representatives, employees, consultants, and/or contractors. Grantee agrees to assume responsibility for any damages lo Grantor's remainder property caused by reason of Grantee's use of the Property under this Agreement, and will, at Agency's option, either repair or pay for such damage.
11. Non Liability of City of Reedley Officials, Employees, and Agents Notwithstanding anything to the contrary in this Agreement, no City Council Member, officer, employee, or agent of Grantee shall be personally liable to Grantor, its successors or assigns, in the event of any default or breach by Grantee or for any amount which may become due to Grantor, its successors or assigns, or for any obligation of Grantee under this Agreement.
12. Warranty of Authority
Each person signing this Agreement on behalf of a party represents and warrants that he or she has the full right, power, legal capacity, and authority to enter into this Agreement on behalf of the pa1ty, and that no further approvals or consents of any persons are necessary in connection with the execution of this Agreement.
13. Successors and Assigns
It is understood and agreed that this Agreement inures to the benefit of, and is binding upon, the pa11ies, their respective heirs, personal representatives, successors, administrators, and/or assigns.
14. Amendments
This Agreement may be amended or modified only by a \Vritten instrument executed by Grantee and Grantor.
15. Counterparts
This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but al l of \vhich taken together shall constitute one and the same in strument.
16. Severability
James L. Merlo and Rhonda P. Merlo
APN: 370-204-04
In the event that any provision of this Agreement should be held to be void, voidabl e, or unenforceable, the remaining portions shall remain in full force and effect.
17. Effective Date
As used herein, the term "Effective Date" shall mean the date of the execution of this Agreement by both parties, or if executed separately the date on which the Agreement is executed by the last party to execute this Agreement, as shown in the signature blocks to this Agreement.
18. Governing Law, Venue, Attorneys' Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action regarding this Agreement shall be brought in the Superior Court of Fresno County, California. The prevailing party in any such action may recover its reasonable attorneys' fees as costs.
19. Specific Performance
In addition to any other remedy available at lavl, this Agreement may be enforced by specific perfomiance.
ALL AGREEMENTS FOR PURCHASE OF PROPERTY ARE CONTINGENT UPON THE RATIFICATION AND APPROVAL OF THE CITY OF REEDLEY.
Signature Page Follows
.5
James L. Merlo and Rhonda P. Merl o
APN: 370-204-04
In Witness Whereof, the Parties have executed this Agreement on the dates shown below:
GRANTOR: James L. Merlo and Rhonda P. Merlo, Co-trustees of the James L. Merlo and Rhonda P.
Merl o Family Trust Under Declaration of Liv ing Trust Dated April 27 . 2011 (A Revocable Living Trust)
CITY OF REEDLEY
Nicole Zieba
City Manager
ATTEST:
Ruthie Greenwood
City Clerk
Date
Date
Date
RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ninth Street
Reedley, CA 93654
No Fee Document - per Government Code 27383
No Document Transfer Tax ~ per R&T Code 11922
SPA.C E AE'OVE TH!S LIN a FOR RECORD ~R'S USE
Jefferson Safe Routes to Schools Project
A portion of APN 370-204-04
GRANT DEED
FOR VA.LUABLE CONSIDERATION, receipt of which is hereb,y ackno',Nledged, JAMES L MERLO AND RHONDA P. MERLOt Co-trustees of the J1AMES L. MERLO AND RHONDA .P.
MERLO FamHy Trust Under Declaration of Living Tmst Dated April 27 j 2011 {A Revocable Uvlng Trnst} hereby GRANTS to the CITY OF REEDLEY, a munlc1pal corp,oratio,n, an of Grantor's r1ght. UUe, and interest In arid to that certain real property satuated in the City of Ree0ley . the County of Fresno r State of Califomra , m.ore partfcu!ar-ly described on Exhibit 1 'A" arid more
pa,rl:icularly depicted on Exhibit 11 81
~ aUached hereto and rnade a part hernof.
. L[ IN WITNESS WHEREOF, the undersi9.!].,0 •fl . d Grantor has executed this Grant DEH;~d as of thls _J_·. _ day of \llvLct . ., , 202j_.
,/}tt!t;a~~~he,~ tu
Rhonda P. Merlo
(Notary Acknowledgment Attached)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed, dated _ _ ______ , from James L. Merlo and Rhonda P. Merlo, Co-trustees of the James L.
Merlo and Rhonda P. Merlo Family Trust Under Declaration of Living Trust Dated April 27, 2011 (A Revocable Living Trust) to the City of Reedley, a municipal corporation , is hereby accepted by the undersigned officer or agent on behalf of the City of Reedley pursuant to authority conferred by Resolution No. ___ _ adopted ___ _______ by the City of Reedley City Council and the grantee consents to recordation thereof by its duly authorized officer City of Reedley City Clerk
Dated:~----- -- By: ______ ~ - -----
Ruthie Greenwood
CALIFORNIA ALL-PURPOSE ACKNOWLEDG_MENT CIVIL CODE § 1189 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 E-=t0.cJ1,D }
/
~1 ~~ . I 0 ,1 · • On J t'U-"'l l,Vl;J,();),(;" before me, ___,_/_. __ L_a_z_.4._te._~_l'-'--• r<- / \_' O_ _-h_·t._-'}··-4--1-z~ .f---t_· l,_1 0_/)_u ___ _,
Date ;{ L' _ Here Insert Name and Title of the Officer
personally appeared «;_j tU11 e.s ~ - /?""71!., r / o
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(@,,are ~scribed to the within instrument and acknowledged to me thatJfIBJshe/they executed the same in (~er/their authorized capacity(ies), and that b~Jier/their signaturefs) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 'i =..'1...-x:....·~-• ...... r.;;_, '..:.,.";,__utQ.~-,-.'~.:::5!\u:iit".:....,r,'".t.,,,,~· ~ /4\:!-.=.:i::. T. CAZARES ~;1· ]! /t!( -~-·-,;:.->, Notary Public· California :1:
~ 1•:~~~~h.R~}:: :.i Con:~fs5
~
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I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
1•_,' ''~;:"2..\' · •~y Comm . Expires Mar 1, 21:1'.D' WITNESS my hand and official seal. Y~•~-"<t!$-"'fff- ·'14-Y~"lt!/P>t~i!P••~Z~Jl!iln>~;r~.,_::;= c, :r.,.;;~·J-.~•,.i:-"',ii, .. ·i';•_d.£)-_..,.~-•-r·· --. ___ , -,~,r=l'.h.,W i~:i:;i;'.'.~~,:;~,~•T •~•_;•i;·::ii:2 '~
Signature ___ =t~/4='-t -'----" ;4 .. ;;~)z,,._L.,, _._· ______ _ Sigb,ru1tfu.~ f Notary Public Place Notary Seal Above
------------ --~~ OPTIONAL~--- -------~--=--=~
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attach_ ed Document ~ _ /
Title or Type of Doc1t17ent ( Q D:;t() ·±_-·
Number of Pages: fol/'( .. Signer(s) Other Than I
Capacity(ies) Claimed by Signer(s}
Signer's Name:----- - - -~---- • Corporate Officer - Title(s): ______ _ • Partner - • Limited D General
• Individual D Attorney in Fact
• Trustee D Guardian or Conservator
0 Other:---- ----------~= Signer Is Representing : _ _ _ _ _____ _ be1ecloocument Date: /J.5-)) ¥/ p.r/)-f '"'
Named Above: ____________ _
Signer's Name: ______ _ _ _ ____ =
• Corporate Officer - Title(s): _ _ ___ _ _
0 Partner - • Limited • General
• Individual O Attorney in Fact
• Trustee • Guardian or Conservator
• Other: _ _ _______ _ _ __ _
Signer ls Representing : ~----- ----
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 p f\eI ft-Q )
On fi? (.U..~1 I '-I, J-tl ~ before me, -----"-:T_ _- ~C._a=. _2-_tl_lt".._:,..s_-·r.' _M_tJ_- 1u_· _,,,.-. _'j..,,__,R'---_'u'_b_J_-t u_· -- Date f) Here Insert rSame and Title of the Officer
personally appeared _ ___._J2_/_1_o_n_c_l_Pi_~_
1 _,~~-_m __ .fArl __ D~_-== __________ _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the p,er.sori1:s) whose name(#i:1.§i.:\re s~~- ·i;f~,e~ to the _within inst'.un:,ent and acknow~e~~d ,o_ m_e that h~-~~they executed the s'ime in f1rs Ile, tl1~ir authorized capac1t1(1es), and that by h1~ /U1eir s1gnature\SJ tin the instrument the person(s), or r u~ entity· upon behalf of which the person(s) acteo, e-xe,cuted the instrument.
I certify under PENAL TY 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 ~
Place Notary Seal Above
--------~=== ....... - == oPTTONAL ---------=-=="" ....... --~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Docy.n,ent , , ,
Title or Type of Do/£ent: (Of'On} Ott c(__ Document Date: J,5/J lfk}-o,;;-4- Number of Pages: ·~ . t)i,,J (' S1gner(s) Other Than Named Above: .
Capacity(ies) Claimed by Signer(s)
Signer's Name: - ~--------- --
• Corporate Officer - Title(s): ------ ~
::J Partner - • Limited • General
0'1ndividual • Attorney in Fact
0 Trustee O Guardian or Conservator
D Other:-----~~-~--~-- Signer Is Representing: ________ _ _ Signer's Name: _____ _ ~~-----
• Corporate Officer - Title(s): ______ _
D Partner - C Limited • General
• Individual • Attorney in Fact
• Trustee • Guardian or Conservator
• Other: ----------~==~~ Signer Is Representing: _ ________ _ ©20i 4 National Notary Association · www.NationalNotary.org • i-800-US NOTARY (i-800-876-6827) Item #5907 EXHIBIT "A"
APN 370-204-04
All that real property situated in the State of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 South, Range 23 East, Mount Diablo Base and Meridian, and being a portion of Lot 3 of Hagopian-Enns Subdivision, Tract No. 2014, filed in Book 22 of Plats at Page 12, Fresno County Records, more particularly described as follows:
BEGINNING at the Northwest Corner of said Lot 3; thence South 89°30'12" East along the North Line of said Lot 3, a distance of 15.00 feet; thence South 45°23'59" West, a distance of 21.18 feet more or less to a point on the West Line of said Lot 3; thence North 00°18'09" East along said West Line, a distance of 15.00 feet to the TRUE POINT OF BEGINNING.
Containing an approximate area of 112.5 square feet.
Bearings shown herein are record or calculated
From record as shown on Record of Survey filed
In Book 70, of Record of Surveys, Pages 90 thru 93,
Fresno County Records.
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PR EPARED BY:
C TY OF REEDLEY
ENG INEERING D E PARTME N T
17 33 9th STREET, REEDLEY, CA 9365 4
Phone: (559) 637 - 42 00 , ext. 295
Fax: (559)637-2 139
EXHIBIT 11B11
DIAG RAM OF
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NOTE:
BEARINGS SHOWN ON OR CALCULATED
FROM RECORD OF SURVEY FILED IN
BOOK 70, PAGES 91 THRU 93, FRESNO
COUNTY RECORDS.
LOT 3 OF HAGOPIAN-ENNS
SUBDIVISION, TR 2014, BOOK 22 OF
PLATS PAGE 12, FRESNO COUNTY
RECORDS
APN: 370-204-04
/ / /' / 1 FEE ACQUISITION AREA FOR
~ ///< RIGHT-OF-WAY PURPOSES
" ' . " ±112.5 S.F.
LOT 3
FEE T ITLE ST R EET R IG HT- O F-WA Y
7 11 E LIN COLN AVE
370-204 - 0 4
REV ISI O NS: DATE : SCALE
FEB. 19, 2025 1" "' 10·
DRAWN BY:
No.: rJY: DATE: PR ?J:!EET NO. OF
(' ,.,
RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ninth Street
Reedley, CA 93654
No Fee Document - per Government Code 6103
and27383
Jefferson Safe Routes to Schools Project
A portion of APN 370-204-04
SPACE ABOVE THIS LINE FOR RECORDER'S USE
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES L.
MERLO AND RHONDA P. MERLO, Co-trustees of the JAMES L. MERLO AND RHONDA P.
MERLO Family Trust Under Declaration of Living Trust Dated April 27, 2011 (A Revocable Living Trust) hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, a temporary construction easement in, over, and across certain real property situated in the City of Reedley, the County of Fresno, State of California, more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof.
Temporary Construction Easement shall be effective October 1, 2025 to September 30, 2028. ~-£LL.~ 1-.02-~
Date
5 -- /l/~z ~
Date
CERTIFICATE OF ACCEPTANCE
In accordance with Section 27281 of the Government Code, this is to certify that the interest in real property conveyed by this instrument to the City of Reedley, a municipal corporation, is hereby accepted by order of the City Council of the City of Reedley made on the date hereafter set forth and the grantee consents to the recordation thereof by this duly authorized officer.
Resolution Number 2000, adopted June 1, 1976, attached as Exhibit "C".
City of Reedley City Clerk
Dated: -------- By: ___________ _
Ruthie Greenwood
,' I
CAUIFOIRNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 [N-5f)i)
On JY}ttv1 IL/, c}IJ:::f-l before me, _L_-_ Ct_lt_--;J_t_,U_'t.S_;_M_ {J_~_/ _YiJ_~fc_u_,0__/(_l/ __ _ ~ 1 Date • Here Insert Name and Title of the Officer persona lly appeared __ _____,,,,_,_/2a_ fYl __e __ .5_~(__. ~~_/}1-l_-_,r_/_c) ____________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~/are subscribed to the within instrument and acknow~ged to me th~she/they executed the same ir@her/their authorized capacity(ies), and that bX~/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal and/or Stamp Above
I certify under PENAL TY 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 __ #_,__:.-t_.~_~- _____ -______ _
Sig~tary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _k_--t'_m___,_o_r._t-t-_r_~~---------------,---------- Document Date: I>£ /1 i.f/?CJ (). ~
Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): _______ _ o Corporate Officer - Title(s): _______ _ • Partner - • Limited • General o Partner - • Limited • General 0""1ndividual • Attorney in Fact • Individual o Attorney in Fact • Trustee o Guardian or Conservator • Trustee o Guardian or Conservator o Other: • Other:
Signer is Representing: _________ _ Signer is Representing: _________ _ {!2019 National Notary Association
CAUFOIRN8A ACKNOWLEDGMENT CIVIL CODE § 1189
A notary publi c or other officer completing th is 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 -~F, -~_1_-t'. _~_1_'/_0 _______ _
On fVltu-; lL/. ,.JO;:;,.r' before me, T {'p;:,Htt!'-_5 , Nalur'7 fuhllc., Dote ,J I /] Here Insert Nome and Title of the Officer
personally appeared /ctzonclµ_..,, r - /Mt.riv
Name(s) of Signer(s)
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 Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
pa rag raph is true and correct.
WITNESS my hand and official sea l,
Signature ________________ _
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached DoS!,Lment ? ; _ - - ·
Title or Type of Document: , b--n tJt'P.r- ~/J-frrt/t:ho1-t, Ea.sen1.,e,,n/- DocumentDate: as-/ II/ j d-6,:}-S-~ Number of Pages: ~_v_·_r_ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): ______ _ • Corporate Officer - Title{s): _______ _ • Partner - • Limited • General • Partner - • Limited • General 12" Individual o Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: _________ _ Signer is Representing: _________ _ {•2019 National Notary Association
EXHIBIT" A"
APN 370-204-04
A TEMPORARY CONSTRUCTION EASEMENT over and across all that real property situated in the State of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 South, Range 23 East, Mount Diablo Base and Meridian, and being a portion of Lot 3 of Hagopian-Enns Subdivision, Tract No. 2014, filed in Book 22 of Plats at Page 12, Fresno County Records, more particularly described as follows:
BEGINNING at a point on the North Line of said Lot 3, which lies South 89°30'1211 East, a distance of 15.00 feet from the Northwest Corner of said Lot 3; thence continuing South 89°30'1211 East along the North Line of said Lot 3, a distance of 4.24 feet; thence leaving said North Line, South 45°23'59" West, a distance of 27.16 feet more or less to a point on the West Line of said Lot 3; thence North 00°18'09" East along said West Line, a distance of 4.24 feet; thence leaving said West line North 45°23'59" East, a distance of 21.18 feet to the North Line of said Lot 3 and the TRUE POINT OF BEGINNING.
THIS TEMPORARY CONSTRUCTION EASEMENT SHALL BE EFFECTIVE OCTOBER 1, 2025 TO SEPTEMBER 30, 2027.
Containing an approximate area of 72.5 square feet.
Bearings shown herein are record or calculated
From record as shown on Record of Survey filed
In Book 70, of Record of Surveys, Pages 90 thru 93,
Fresno County Records.
Dat e: 4'/ z, 1 tt>Z 5
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PREPARED BY: DIAGRAM OF
NOTE:
BEARINGS SHOWN ON OR CALCULATED
FROM RECORD OF SURVEY FILED IN
BOOK 70, PAGES 91 THRU 93, FRESNO
COUNTY RECORDS.
/ - ss9·30•12"E 4.24' ,,,,./ /
LOT 3 OF HAGOPIAN-ENNS
SUBDIVISION, TR 2014, BOOK 22 OF
PLATS PAGE 12, FRESNO COUNTY
RECORDS
APN:370-204-04
/ , 77_ -1_· TEMPORARY CONSTRUCTION L // .. EASEMENT AREA -• ' ±72.5 S.F.
LOT3
• NORTH
SCALE : 1" =
' 10 20
C TY OF REEDLEY TEMPORARY CONSTRUCTION EASEMENT
71 1 E LINCOLN AVE
ENGINEERING DEPARTMENT
1 1733 9th STREET, REEDLEY, CA 93654
Phone: (559)637 -4200, ext. 295
Fax : (559)637-2139
370-204-04
REVISIONS :
No. : BY:
DATE: SCALE
APR. 11 , 2025 1" = 10'
DRAWN BY:
DN E: PR SHEET NO. OF
Exhibit "C"
RESOLUTION NO . 2000
AUTHORJZING THE CITY CLERK OF THE CITY OF REEDLEY TO
CONSENT TO DEEDS AND THE RECORDATION THEREOF
BE IT RESOLVED by the City Council of the City of Reedley that the City Clerk of the City of Reedley be and is hereby authorized, pursuant to the provisions of Government Code Sec tion 27281 , to accept and consent to deeds or grants whereby any interest in real property is conveyed to the City of Reedley, a municipal corporation, and to consent to the recordation thereof.
BE IT FURTHER RESOLVED that the City Clerk of the City of Reedley shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of Fresno County. ******************************************************
I hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Reedley, at a regular meeting thereof held on the 1st day of June, 1976, by the following vote, to-wit:
AYES: Councilmen Wade, Wilder, Ball, Lovegreen, and Mayor Camacho.
NOES: None.
ABSENT: None .
APPENDIX D
PURCHASE AGREEMENT
Everett Thiesen
APN: 370-232-01
This Agreement for Purchase of Real Property is between the CITY OF REEDLEY, a municipal corporation ("Grantee") and EVERETT THIESEN, as trustee of the Everett Thiesen Living Trust of 2018 ("Grantor") for acquisition of certain real property rights set forth herein for the construction, operation and use of the Jefferson Safe Routes to School Project ("Project").
WHEREAS, the City of Reedley is in the process of acquiring the necessary real property and property rights for the Project, and has determined that portions of Grantor's property. identified as Assessor Parcel Number 370-232-01, commonly known as 911 E Lincoln Avenue, Reedley, County of Fresno, State of California, are necessary for the construction and operation of the Project.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve Grantee of all further obligation or claims on this account, or on account of the use, location, grade, or construction of the proposed public improvement.
(B) The property to be conveyed pursuant to this Agreement is a Fee interest as described in the Grant Deed attached hereto as Exhibit "A" (the "Property").
(C) Grantee requires the Property for sidewalk improvement purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Granter desires to sell, and Grantee desires to purchase the Property.
(D) Grantee also desires to obtain a Temporary Construction Easement ("TCE") from Granter over a portion of Grantor's property as described in Exhibit "B," to be used in connection with Grantor's construction of the sidewalk improvements, and Grantor is willing to grant the TCE to Grantee upon the terms and conditions set forth in this Agreement. (E) Both Granter and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property and TCE by eminent domain litigation. The compensation set forth herein for the Property and TCE is in compromise and settlement, in lieu of such litigation.
(F) The parties to this Agreement shall, pursuant to Section 21.?(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Section 50.3. (G) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.
2. Purchase Price
(A) Grantee shall pay the undersigned Grantor the total sum of $8,800.00 (the "Purchase Price") for the Property and TCE, payment to be issued once the Property vests in City of Reedley. (B) It is understood and agreed by and between the parties hereto that payment of the Purchase Price as provided in Clause 2(A) includes, but is not limited to: payment for the fair market value of the Property conveyed; payment for any and all damages incurred by Grantor, including, but not limited to, any and all damages which may accrue to Grantor's remaining property by reason of its severance from the property conveyed herein; and payment for the TCE granted by Granter to Grantee.
Everett Thiesen
APN: 370-232-01
(C) On or before thirty (30) days after the Effective Date (as defined in Section 17), Grantee shall pay the Purchase Price, provided Grantee has not elected to terminate this Agreement pursuant hereto in accordance with its right to terminate contained in this Agreement. (D) As additional consideration for the purchase of the Property, the Grantee shall, at no expense to the Granter, terminate and relocate any affected irrigation within the fee acquisition area and terminate, relocate, or reinstall any affected irrigation within the TCE area. Granter hereby grants permission to Grantee and/or Grantee's authorized agent to enter on the Property where necessary to complete said work. Granter understands and agrees that after completion of said work, any such improvements shall be considered Grantors' sole property and Granter will be solely responsible for any maintenance and repair.
3. Temporary Construction Easement
The Temporary Construction Easement ("TCE") is needed for the purposes of sidewalk construction along the right-of-way. The TCE is for 3 years and shall become effective on October 1, 2025, and expire upon completion of Project construction but no later than September 30, 2028. Restoration of the property shall occur only within the TCE area within the property. Grantee shall restore the TCE area to the condition that existed prior to Grantee's Project construction, to the extent reasonably practical.
4. Conveyance of Title
Grantor agrees to convey by Grant Deed, in the form of Exhibit "A", to Grantee title to the Property and Grantee shall take title subject to all matters recorded and/or unrecorded. These obligations shall survive the close of an internal escrow. ·
5. City of Reedley's Conditions to Closing
The following are conditions precedent to Grantee's obligation to purchase the Property:
(A) The transactions contemplated herein shall have been approved by the Grantee, in its sole discretion. (B) Grantor shall have delivered the items described in Section 6 below on or before the Closing. (C) Grantor duly executes and acknowledges subordination agreements, if any; If any Condition Precedent is not satisfied, Grantee shall have the right in its sole discretion either to waive, in writing, the Condition Precedent in question and proceed with the purchase; or terminate this Agreement by written notice to Grantor.
6. Grantor's Delivery of Documents
Grantor shall deliver to Grantee the following:
(A) Duly executed and acknowledged Grant Deed and Temporary Construction Easement Deed; (B) Such resolutions, authorizations, or other partnership documents or agreements relating to Grantor and its partners or affiliates as Grantee ·may reasonably require, to demonstrate the authority of Granter to enter into this Agreement and consummate the transactions contemplated hereby, and such proof of the power and authority of the individuals executing any documents or other instruments on behalf of Grantor to act for and bind Grantor; and
(C) Certification of Trust, if any.
2 7. City of Reedley Delivery of Documents and Funds
Grantee shall deliver to Grantor the following:
Everett Thiesen
APN: 370-232-01
(A) Acceptance of Grant Deed and Temporary Construction Easement Deed executed by Grantee; and
(B) Payment of the Purchase Price.
8. Immediate Possession and Use
It is agreed and confirmed by the parties hereto that, notwithstanding other provisions in this Agreement, the right of possession and use of the Property by the Grantee, including the right to remove and dispose of improvements and to construct roadway improvements, shall commence when Granter receives payment and deeds are recorded. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such immediate possession and use, including damages, if any, from said date.
9. Grantor's Representations and Warranties
Granter represents, warrants to, and covenants with Grantee as follows:
(A) Granter has received no notice that there are now, nor at the time of the Closing will be, any material violations of any laws, rules, or regulations applicable to the Property. (B) To the best of Grantor's knowledge, there are no easements or rights of way which have been acquired by prescription or which are otherwise not of record with respect to the Property.
There are no disputes with regard to the location of any fence or other monument of the Property's boundary nor any claims or actions involving the location of any fence or boundary.
(C) Granter is the legal and equitable owner of the Property, with full right to convey the same, and without limiting the generality of the foregoing, Granter has not granted any option, or right of first refusal, or first opportunity to any third party to acquire any interest in any of the Property.
(D) Granter hereby represents, warrants to, and covenants with Grantee that the following ~tatements are true and correct, and will be true and correct as of the Closing: (i) the Property is not in violation of any Environmental Laws; (ii) the Property is not now; nor to the best of Grantor's knowledge ever been, used in any manner for the manufacture, use, storage, discharge; deposit, transportation, or disposal of any Hazardous Material; (iii) there has been no release and there is no threatened release of any Hazardous Material in, on, under, or about the Property; (iv) the Property does not consist of any landfill or contain any building materials that contain Hazardous Material; and (v) the Property is not subject to any claim by any governmental regulatory agency or third party related to the release or threatened release of any Hazardous Material. As used herein, the following terms shall have the meanings below:
For purposes of this Agreement, "Hazardous Material" means any substance which is (i) defined as a hazardous waste, pollutant, or contaminant under any Environmental Law, (ii) a petroleum hydrocarbon, including crude oil, or any fraction thereof, (iii) hazardous, toxic, corrosive, flammable, explosive, infectious, radioactive, carcinogenic, or reproductive toxicant, (iv) regulated pursuant to any Environmental Law, or (v) any pesticide regulated under State or Federal Law; and the term "Environmental Law" means each and every federal, State and local law, statute, ordinance, regulation, rule, judicial or administrative order, or decree, permit, license, approval, authorization, or similar requirement of an agency or other government authority, pertaining to the protection of human health and safety or the environment.
3 Everett Thiesen
APN: 370-232-01
(E) At the time of Closing there will be no outstanding written or oral contracts made by Grantor for any improvements that have not been fully paid for and Grantor shall cause to be discharged all mechanics' or materialmen's liens arising from any labor or materials furnished to the Property prior to the time of Closing. There are no obligations in connection with the Property which will be binding upon Grantee after Closing. (F) Grantor shall indemnify, defend, and hold harmless Grantee, its employees, officers, and agents, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, without limitation, reasonable attorneys' and consultants' fees, resulting from the existence of Hazardous Material or mechanics or materialmen's liens on or at the Property or arising from any representation made by Grantor in this Agreement.
10. Grantor Indemnification
Grantee shall indemnify, defend, and hold harmless Grantor, its employees, officers, and agents, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, without limitation, reasonable attorneys' and consultants' fees caused by the activities allowed under this Agreement, but only to the extent caused by the active negligence or willful misconduct of the Grantee and its agents, representatives, employees, consultants, and/or contractors. Grantee agrees to assume responsibility for any damages to Grantor's remainder property caused by reason of Grantee's use of the Property under this Agreement, and will, at Agency's option, either repair or pay for such damage.
11. Non Liability of City of Reedley Officials, Employees, and Agents Notwithstanding anything to the contrary in this Agreement, no City Council Member, officer, employee, or agent of Grantee shall be personally liable to Grantor, its successors or assigns, in the event of any default or breach by Grantee or for any amount which may become due to Granter, its successors or assigns, or for any obligation of Grantee under this Agreement.
12. Warranty of Authority
Each person signing this Agreement on behalf of a party represents and warrants that he or she has the full right, power, legal capacity·, and authority to enter into this Agreement on behalf of the party, and that no further approvals or consents of any persons are necessary in connection with the execution of this Agreement.
13. Successors and Assigns
It is understood and agreed that this Agreement inures to the benefit of, and is binding upon, the parties, their respective heirs, personal representatives, successors, administrators, and/or assigns.
14. Amendments
This Agreement may be amended or modified only by a written instrument executed by Grantee and Grantor.
15. Counterparts
This Agreement may be executed in two (2) or more counterparts, each of whi ch shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 4 16. Severability
Everett Thiesen
APN: 370-232-01
In the event that any provision of this Agreement should be held to be void, voidable, or unenforceable, the remaining portions shall remain in full force and effect.
17. Effective Date
As used herein, the term "Effective Date" shall mean the date of the execution of this Agreement by both parties, or if executed separately the date on which the Agreement is executed by the last party to execute this Agreement, as shown in the signature blocks to this Agreement.
18. Governing Law, Venue, At.torneys' Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action regarding this Agreement shall be brought in the Superior Court of Fresno County, California. The prevailing party in any such action may recover its reasonable attorneys' fees as costs.
19. Specific Performance
In addition to any other remedy available at law, this Agreement may be enforced by specific performance.
ALL AGREEMENTS FOR PURCHASE OF PROPERTY ARE CONTINGENT UPON THE RATIFICATION AND APPROVAL OF THE CITY OF REEDLEY.
Signature Page Follows
5 Everett Thiesen
APN: 370-232-01
In Witness Whereof, the Parties have executed this Agreement on the dates shown below:
GRANTOR: Everett Thiesen, as trustee of the Everett Thiesen Living Trust of 2018 Everett Thiesen, Trustee
CITY OF REEDLEY
Nicole Zieba
City Manager
ATTEST:
Ruthie Greenwood
City Clerk
Date
Date
Date
6 RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ninth Street
Reedley, CA 93654
No Fee Document - per Government Code 27383
No Document Transfer Tax- per R&T Code 11922
Jefferson Safe Routes to Schools Project
A portion of APN 370-232-01
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, EVERETT THIESEN, as trustee of the Everett Thiesen Living Trust of 2018, hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, all of Grantor's right, title, and interest in and to that certain real property situated in the City of Reedley, the County of Fresno, State of California, more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof. ,.,J
IN WITNESS WHEREOF, the undersigned Grantor has executed this Grant Deed as of this _L day of ,.... · . · , 202_5.
Everett
(Notary
Thiesen
Acknowledgment
~ Attached)
CERTIFICATE OF ACCEPTANCE
. This is to certify that the interest in real property conveyed by the Grant Deed, dated ________ , from Everett Thiesen, as trustee of the Everett Thiesen Living Trust of 2018, to the City of Reedley, a municipal corporation , is hereby accepted by the undersigned officer or agent on behalf of the City of Reedley pursuant to authority conferred by Resolution No. _____ adopted ________ __ by the City of Reedley City Council and the grantee consents to recordation thereof by its duly authorized officer City of Reedley City Clerk
Dated: ______ _ _ By: _____ _ ___ ___ _
Ruthie Greenwood
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 --1F:.---;-f_e.--"S'--Y") __ O ____ ~ '1
On ti CW ~ ;.,.,I. ol. 0~ S'° before me, Amo.;,.. f6 w· n S . fv O /; o.f'!:I U Date Here Insert Name and Title of the om&f
personally appeared __ _1,;1=_ · t.a..._ . V ::,,;. · ..,.e ..... • -"- r __ e~t-1 :....,,l;;c::_ . _ _..;:..:. ,T6 ..... N=~m"---"-:"'-~+-o=~"-"~c...l. ig-"-n...L! -~J)~=--...l-[ -=- Fi+··...L.i'_,,e:=:...:t.... ~ .,..,e - c.....: · n'---'-· - - - 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. f:)*AA·A • • ., .. +• e o·a,t ,(f:-¥,~"--\ AJMR BAINS ;L_ . ,~~-:;\ Notary Public · California :
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1'ici~~i l Fresno County ..,_ "'- f~yl Commission# 24-00590 ::
•..:..~3/ My Comm . Expires Ap r 23 , 2026
Place Notary Seal Above
I certify under PENAL TY 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 ~-- Signature of Notary Public
----~=--=-------- OPTIONAL ........ =----------=~~
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ____ _ _ ______ Document Date: --~~--- --- Number of Pages: - ~- Signer(s) Other Than Named Above: - ---- ---- - ~ Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _ ___ _ _ _____ _
D Corporate Offi cer - Title(s): - - ~-- --
• Partner - • Limited CJ General
D Individual D Attorney in Fact
D Trustee • Guardian or Conservator
0 Other: ______ _ ___ _ ___ _
Signer Is Representing: ------ -~=
Signer's Name: _ _ _____ ___ _ _ _
• Corporate Officer - Tit\e(s): - - - - --~
• Partner - 0 Limited O General
• Indivi dual D Attorney in Fact
• Trustee • Guardian or Conservator
• Other:
Signer Is Representing:
©201 4 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT II A"
APN 370-232-01
All that real property situated in the State of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 South, Range 23 East, Mount Diablo Base and Meridian, according to the Official Plate thereof, more particularly described as follows:
North 12.00 feet of the South 311.00 feet of the East 66.00 feet of the West 92.00 feet of the Southeast Quarter of said Section 26.
Containing an approximate area of 792 square feet.
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PREPARED BY:
LINCOLN AVENUE
26,0'
NOTE:
EXHIBIT 11B11
PARCEL IN SW1/4 OF SE 1/ 4
SEC 26 T15R23
APN: 370 - 232- 01
~ FEE ACQUISITION AREA FOR
k:'.LLLLl RIGHT-OF- WAY PURPOSES
±792 S.F.
BEARINGS SHOWN ON OR CALCU LATED
FROM RECORD OF SURVEY FILED IN
BOOK 71, PAGES 92 THRU 100, FRESNO
COUNTY RECORDS.
D IAGRAM OF
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CITY OF REEDLEY
FEE T ITLE STREET RIGHT-OF-WAY
ENGINEERING D EPARTMENT
17 33 9th STREET, REEDLEY, CA 93 654
Phone: (559)637-4200, ext. 295
Fax: (559)637-2 139
911 E LINCOLN AVE
370-232 - 01
REVISIONS:
No.: BY: DATE:
DATE: SCALE
FEB. 1 9, 2025 1" = 15'
DRAWN BY:
PR SHEET NO. OF
30 RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ninth Street
Reedley, CA 93654
No Fee Document - per Government Code 6103
and27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Jefferson Safe Routes to Schools Project
A portion of APN 370-232-01
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, EVERETT THIESEN, as trustee of the Everett Thiesen Living Trust of 2018, hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, a temporary construction easement in, over, and across certain real property situated in the City of Reedley, the County of Fresno, State of California, more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof.
Te~ent shall be effective Oc;~ 1~ 20~5:_ ;!ember 30, 2028.
Everett Thiesen Date
(Notary Acknowledgment Attached)
CERTI Fl CATE OF ACCEPTANCE
In accordance with Section 27281 of the Government Code, this is to certify that the interest in real property conveyed by this instrument to the City of Reedley, a municipal corporation, is hereby accepted by order of the City Council of the City of Reedley made on the date hereafter set forth and the grantee consents to the recordation thereof by this duly authorized officer.
Resolution Number 2000, adopted June 1, 1976, attached as Exhibit "C" .
City of Reedley City Clerk
Dated:
- - - --- -~ By:~ - ~ -~--- - ~ - - Ruthie Greenwood
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 - 0
Ort M~· ,2n~ ;lo~~ before me, l=l l'Yla.r '6cu'nsJ NobaJ'~ Pl.ll..lo 1 t~ \J Date Here Insert Name and Title of the 'drticer
personally appeared __ ....., E:)_ . -~'\.-J~e.=· _r~e~t-' .-"/;'--. _ _ B_ .. ..... e--"n'-' .·t·-,l , ,'-'a=--. ·__ "r'n -'- ··. -=-·, _,___ l _n-", .. _ :JJ:; _· _.,._: _._· .. _..,_ . ..._l ..=f:.,_i _,,,S.._ ,e_n ___ _ Namerf> of Signer(s)
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.
Place Notary Seal Above
I certify under PENAL TY 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 ___ &_· ___ ·- .... o,,_· _OJJ_ -_. 'c)_ · : _-~_---________ _ Signature of Notary Public
______________ .......,.......,.- OPTIONAL -========-~------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: -----------~~ CJ Corporate Officer - Title(s): ______ _ • Partner - • Limited • General
0 Individual O Attorney in Fact
• Trust ee • Guardian or Conservator
• Other: _____________ _
Signer Is Representing: _________ _
Signer's Name: ____ _ _ ___ ___ _
• Corporate Offi cer - Title(s): ~=-----
• Partner - • Limited • General
0 Individual
D Trustee
• Attorney in Fact
0 Guardian or Conservator
• Other: _____________ _
Signer Is Representing: ---- -~===
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A"
APN 370-232-01
A TEMPORARY CONSTRUCTION EASEMENT over and across all that real property situated in the State of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 South, Range 23 East, Mount Diablo Base and Meridian, according to the Official Plate thereof, more particularly described as follows:
The South 3.00 feet of the North 15.00 feet of the South 311.00 feet of the East 66.00 feet of the West 92.00 feet of the Southeast Quarter of said Section 26.
THIS TEMPORARY CONSTRUCTION EASEMENT SHALL BE EFFECTIVE OCTOBER 1, 2025 TO SEPTEMBER 30, 2027.
Containing an approximate area of 198 square feet.
EXHIBIT 11B11
LINCOLN AVENUE
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CORNER '
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SO0'29'29 .15"W
26.0'
PREPARED BY:
PARCEL IN SW1/4 OF SE1/4
SEC 26 T15R23
APN: 370-232-01
~ TEMPORARY CONSTRUCTION
/ / / _, EASEMENT AREA
±198.0 S.F.
NOTE:
BEARINGS SHOWN ON OR CALCULATED
FROM RECORD OF SURVEY FILED IN
BOOK 71, PAGES 92 THRU 100, FRESNO
COUNTY RECORDS.
DIAGRAM OF
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C TY OF REED E TEMPORARY CONSTRUCTION EASEMENT
911 E LINCOLN AVE
ENGINEERING DEPARTMENT 370-232-01
REVISIONS: DATE:
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SCALE
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1733 9th STREET, REEDLEY, CA 93654
Phone: (559)637 - 4200, ext. 295
APR. 11 , 2025 1" = 15'
Fax: (559)637-2139 DRAWN BY:
No.: BY: DATE: PR SHEET NO. OF
Exhibit "C"
RESOLUTION NO . 2000
AUTHORJZING THE CITY CLERK OF THE CITY OF REEDLEY TO
CONSENT TO DEEDS AND THE RECORDATION THEREOF
BE IT RESOLVED by the City Council of the City of Reedley that the City Clerk of the City of Reedley be and is hereby authorized, pursuant to the provisions of Government Code Section 27281 , to accept and consent to deeds or grants whereby any interest in real property is conveyed to the City of Reedley, a municipal corporation, and to consent to the recordation thereof.
BE IT FURTHER RESOLVED that the City Clerk of the City of Reedley shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of Fresno County. ******************************************************
I hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Reedley, at a regular meeting thereof held on the 1st day of June, 1976, by the following vote, to-wit:
AYES: Councilmen Wade, Wilder, Ball, Lovegreen, and Mayor Camacho.
NOES: None.
ABSENT: None.
APPENDIX E
PURCHASE AGREEMENT
Luis Tores and Maria Torres
APN: 370-203-01
This Agreement for Purchase of Real Property is betv,·een the CITY OF REEDLEY, a municipal corporation ("Grantee") and LUIS TORRES AND MARIA TORRES Husband and Wife as joint tenants ("Grantor") for acquisition of certain real property rights set forth herein for the construction, operation and use of the Jefferson Safe Routes to School Project ("Project").
WHEREAS, the City of Reedley is in the process of acquiring the necessary real property and property rights for the Project, and has determined that portions of Grantor's property. identified as Assessor Parcel Number 370-203-0l. commonly knovm as 709 E Washington Avenue, Reedley, County of Fresno, State of California, are necessary for the construction and operation of the Project.
In consideration of v,1hich, and the other considerations hereinafter set fo1th, it is mutually agreed as follows:
1. (.-'\) The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve Grantee of all fut1her obligation or claims on this account, or on account of th e use, location, grade, or construction of the proposed public improvement.
(B) The property to be conveyed pursuant to this Agreement is a Fee interest as described in the Grant Deed attached hereto as Exhibit "A" (the "Property").
{C) Grantee requires the Prope11y for sidewalk improvement purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Granter desires to sell, and Grantee desires to purchase the Property .
0)) Grantee also desires to obtain a Temporary Construction Easement ("TCE") from Grantor over a pottion of Grantor's property as described in Exhibit ·'B," to be used in connection with Grantor's construction of the sidewalk improvements, and Grantor is willing to grant the TCE to Grantee upon the terms and conditions set fotth in this Agreement. (E) Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the Prope1ty and TCE by eminent domain litigation. The compensation set forth herein for the Prope,ty and TCE is in compromise and settlement, in lieu of such litigation.
i F) The pai1ies to this Agreement shall, pursuant to Section 2 l .7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of l 964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Section 50.3. (Ci- ) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.
2. Purchase Price
,·\ Grantee shall pay the undersigned Grantor the total sum of $1 ,650.00 (the "Purchase Price") for the Property and TCE, payment to be issued once the Prope1ty vests in City of Reedley. rn :, It is understood and agreed by and bcn-veen the parties hereto that payment of the Purchase Price as provided in Clause 2(A) includes, but is not limited to: payment for the fair market value of the Prope1ty convey ed; payment for any and all damages incurred by Grantor, includin g, but not limited to, any and all damages which may accrue to Grantor's remaini ng property by reason of its severance from the property conveyed herein; and payment for the TCE granted by Grantor to Grantee.
Luis Tores and Maria Torres
APN: 370-203-01
(C) On or before thirty (30) days after the Effective Date (as defined in Section 17), Grantee shall pay the Pu rchase Price, provided Grantee has not elected to terminate this Agreement pursuant hereto in accordance with its ri ght to termin ate contained in this Agreement. ( D :i As additional consideration for the purchase of the Property, the Grantee sha ll, at no expense to the Grantor, terminate and relocate any affected irrigation within the fee acquisition area and terminate, relocate, or reinstall any affected irrigation with in the TCE area. Grantor hereby grants permission to Grantee and/or Grantee's authorized agent to enter on the Property where necessary to complete said \"iork. Grantor understands and agrees that after completi on of said \vork, any such improvements shall be considered Gran tors' sole property and Grantor will be solely responsible fo r any maintenance and repair.
.3 . Temporary Construction Easement
The Temporary Construction Easement ("TCE") is needed for the purposes of sidewalk construction along the ri ght-of-way. The TCE is for 3 years and shall become effective on October 1, 2025, and expire upon completion of Project construction but no later than September 30, 2028. Restoration of the property shall occur only \'V ith in the TCE area \/vithin the prope1iy. Grantee shall restore the TCE area lo the condition that existed prior to Grantee's Project construction, to the extent reasonably practical.
4. Conveyance of Title
Grantor agrees to convey by Grant Deed, in the form of Exhibit "A", to Grantee title to th e Property, and Grantee shall take title subject to all matters recorded and/or unrecorded. These obligations shall survive the close of an internal escrow.
5. C ity of Reedley's Conditions to Closing
The fol lowing are conditions precedent to Grantee's obligation to purchase th e Property:
(A) The transactions contemplated herein shall have been approved by the Grantee, in its so le discretion. (B) Grantor shall have delivered th e items described in Section 6 below on or before the Closing. (C) Grantor duly executes and acknowledges subordination agreements, if any; If any Co nditi on Precedent is not satisfi ed, Grantee shall have the right in its sole discretion either to waive, in writing, the Condition Precedent in question and proceed ,vith the purchase; or terminate this Agreement by ,vritt en notice to Grantor.
6. Grantor's Delivery of Documents
Grantor shall deliver to Grantee the following:
(A) Duly executed and acknowledged Grant Deed and Temporary Construction Easement Deed:
(B) Such resolutions, au thori zations, or other partnership documents or agreements relating to Grantor and its partners or affiliates as Grantee may reasonably require, to demonstrate the authority of Grantor to enter into this Agreement and consummate the transactions contemplated hereby, and such proof of the PO\•ver and authority of the indiv iduals execu ting any documents or other instruments on behalf of Grantor to act for and bind Grantor; and
(C) Certification of Trust, if any .
1 7. City of Reedley Delivery of Documents and Funds
Grantee shall del iver to Gran tor the following:
Luis Tores and Maria Torres
APN: 370-203-01
{.I\ } Acceptance of Grant Deed and Temporary Construction Easement Deed executed by Grantee; and
( ff) Payment of the Purchase Price.
8, Immediate Possession and Use
lt is agreed and confim1ed by the parties hereto that, notwithstanding other prov1 s1ons in this Agreement, the right of possession and use of the Property by the Grantee, including the right to remove and dispose of improvements and to construct roadway improvements, shall commence when Grantor receives payment and deeds are recorded. The amount shov-m in Clause 2(A) herein includes, but is not limited to , full payment for such immediate possession and use, including damages, if any, from said date .
9. Grantor's Representations and Warranties
Grantor represents, warrants to, and covenants with Grantee as fo]]O\vs:
(A ) Grantor has received no notice that there are now, nor at the time of the Closing \Vil] be, any material violations of any laws, rules, or regulations applicable to the Property. ( B) To the best of Grantor's knowledge, there are no easements or rights of way which have been acquired by prescription or wh ich are otherwise not of record \:Vith respect to the Property.
There are no disputes with regard to the location of any fence or other monument of the Property's boundary nor any claims or actions involving the location of any fence or boundary.
iC) Grantor is the legal and equitable ovmer of the Property, \-Vith full right to convey the same, and without limiting the generality of the foregoing, Gran tor has not granted any option, or right of first t'efusal, or first opportunity to any third party to acquire any interest in any of the Property.
r I H Gran tor hereby represents, warrants to, and covenants with Grantee that the following statements are true and correct, and will be true and correct as of the Closing: (i) the Property is not in violation of any Environmental Laws; (ii) the Property is not now, nor to the best of Grantor's knowledge ever been, used in any manner for the manufacture, use, storage, discharge, deposit, transportation, or disposal of any Hazardous Material; (iii) there has been no release and there is no threatened release of any Hazardous Material in, on, under, or about the Property; (iv) the Property does not consist of any landfill or contain any building materials that contain Hazardous Material; and (v) the Property is not subject to any claim by any governmental regulatory agency or third party related to the release or threatened release of any Hazardous Material. As used herein, the following terms shall have the meanings below:
For purposes of this Agreement, "Hazardous Material" means any substance which is (i) defined as a hazardous waste, pollutant, or contaminant under any Environmental Law, (ii) a petroleum hydrocarbon, including crude oil, or any fraction thereof, (iii) hazardous, toxic, corrosive, nammable, explosive, infectious, radioactive, carcinogenic, or reproductive toxicant, (iv) regulated pursuant to any Environmental Law, or (v) any pesticide regulated under State or Federal Law; and the term "Environmental Law" means each and every federal , State and local law, statute, ordinance, regulation, rule, judi cial or administrative order, or decree, permit, li cense, approval, authori zation, or similar requirement of an agency or other government authority , pertaining to th e protection of human health and safety or the environment.
Luis Tores and Maria Torres
APN: 370-203-0 I
( I:) At the time of Closing there will be no outstanding written or oral contracts made by Grantor for any improvements that have not been fu lly paid for and Grantor shall cause to be discharged all mechanics' or rn aterialmen's li ens arising from any labor or materials furnished to the Property prior to the time of Closing. There are no obl igations in con nection with the Property which will be binding upon Grantee after Closing. i Fi Grantor shall indemnify, defend, and hold harmless Grantee, its employees, officers, and agents, and th eir respective successors and assigns, from and against any and all li abili ties, claims, demands, damages, liens, costs, penalties, losses, and expenses, including, \Vithout limitation, reasonable attorneys' and consultants' fees, resulting from the existence of Hazardous Material or mechanics or materialmen's li ens on or at the Property or arising from any representation made by Grantor in this Agreement.
10. Gran tor Indemnification
Grantee shall ind emnify, defend, and hold harmless Grantor, its employees, officers, and agents, and their respective successors and assigns, from and against any and al l liabilities, claims, demands, damages, li ens, costs, penalties, losses, and expenses, including, without limitation, reasonabl e attorneys' and consultants' fees caused by the activities allowed under this Agreement, but only to th e extent caused by the active negligence or willful misconduct of the Grantee and its agents, representatives, employees, consultants, and/or contractors. Grantee agrees to assume responsibility for any damages to Grantor's remainder property caused by reason of Grantee's use of the Property under this Agreement, and will , at Agency's option, either repair or pay for such damage.
11. Non Liability of City of Reedley Officials, Employees, and Agents Notwithstanding anything to the contrary in this Agreement, no City Council Member, officer, employee, or agent of Grantee shall be personally liabl e to Gran tor, its successors or assigns, in the event of any default or breach by Grantee or for any amount which may become due to Grantor, its successors or assigns, or for any obligation of Grantee under this Agreement.
12. War ranty of Authority
Each person signing this Agreement on behalf of a party represents and \van-ants that he or she has the full right, power, legal capacity, and authority to enter into this Agreement on behalf of the party , and that no further approvals or consents of any persons are necessary in connection \Vi th the execution of this Agreement.
13. Successors and Assigns
It is understood and agreed that this Agreement inures to the benefit of, and is binding upon, the parti es, their respective heirs, personal representativ es, successors, administrators, and/or assigns.
14. Amendments
This Agreement may be amended or modified only by a \Vritten instrument executed by Grantee and Grantor.
15. Counterparts
This Agreement may be executed in two (2) or more counterpmts, each of \-vhich shall be deemed an origina l, but all of ,,vhich taken together shall constitute one and the same instrument. ] 6. Severability
Luis Tores and Maria Torres
APN: 370-203-01
In the event that any provision of this Agreement should be held to be void, voidable, or unenforceable, the remaining portions shall remain in full force and effect.
17. Effective Date
As used herein, the term "Effective Date" shall mean the date of the execution of this Agreement by both pa1iies, or if executed separately the date on which the Agreement is executed by the last pariy to execute this Agreement, as shown in the signature blocks to this Agreement.
18. Governing Law, Venue, Attorneys' Fees
This Agreement shall be governed by and construed in accordance v,1 ith the lav-1s of the State of California. Any action regarding this Agreement shall be brought in the Superior Court of Fresno County, California. The prevailing party in any such action may recover its reasonable attorneys' fees as costs.
19. Specific Performance
In addition to any other remedy available at law, this Agreement may be enforced by specific performance.
ALL AGREEMENTS FOR PURCHASE OF PROPERTY ARE CONTINGENT UPON THE RATIFICATION AND APPROVAL OF THE CITY OF REEDLEY.
Signature Page Follows
.5
Luis Tores and Maria Torres
APN: 370-203-01
In Witness Whereof, the Parti es have executed this Agreement on the dates shown below:
GRANTOR: Luis Ton-es and Maria Torres, Husband and Wife as joint tenants
CITY OF REEDLEY
Nicole Zieba
City Manager
ATTEST:
Ruthie Greenwood
City Clerk
5 ~ 7 ~ 'ZS
Date
Date
Date
RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ni nth Street
Reedley, CA 93654
No Fee Document - per Government Code 27383
No Document Transfer Tax- per R&T Code 11922
Jefferson Safe Routes to Schools Project
A portion of APN 370-203-01
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LUIS TORRES AND MARIA TORRES, Husband and Wife, as joint tenants, hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, all of Grantor's right, title, and interest in and to that certain real property situated in the City of Reedley, the County of Fresno, State of California, more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof.
IN WITN~~S WHEREOF, the under~i9-p ed Grantor has executed this Grant Deed as of this J1~ day of hUv0~ , 20~J .
Maia Torres
(Notary Acknowledgment Attached)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed, dated ~ - ----- - ' from Luis Torres and Maria Torres, Husband and Wife, as joint tenants, to the City of Reedley, a municipal corporation , is hereby accepted by the undersigned officer or agent on behalf of the City of Reedley pursuant to authority conferred by Resolution No. __ _ adopted---- ~ ~ - --- by the City of Reedley City Council and the grantee consents to recordation thereof by its duly authorized officer City of Reedley City Clerk
Dated : - ------- By: __ ~ ~ - - --- - - - Ruthie Greenwood CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 I
, 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 CalifQ.rpia1 ,, .r
County of ~j l}Jl,l,l,,f L, ' (
cm }\4tV1
~
1 )JYZ,-) before me, Serd zt r;, Jo (e'.j Notq L/ fa,G !'c__ ·""'-- Here Insert Name and Title of the Officer personally appeared L Lt't _l_oyrr .. ,e .._S_ ~ - - -- --- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persori(S) 'Nl"lose name (sl 1s/are subscribed to the within instrument and acknowledged to me that he/she/they execu.ted 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.
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title D ' Type uf Document _ _ .__ _ _ __ _ ___ ___ Document Date:
N mbe of Pagt?.S ~ ~~ S1gner{s) otl er Than ~ ame-d AtfO'•le'. ~ - - Capacity(ies) Claimed by Signer(s)
Signer's Name: ------- --- ~ - -"
0 Corporate Officer - Title(s):
• Partner - • Limited • General
[J Individual D Attorney in Fact
0 Trustee • Guardian or Conservator
• Other: - - - --~~- - --- - - --
Signer Is Representing: ~ --- - - ---~ -
Signer's Name:-------- - ~ - -
• Corporate Officer - Title(s): --- - ~ --
• Partner - • Limited • General
• Individual • Attorney in Fact
• Trustee • Guardian or Conservator
0 Other: - - --- - ~
Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org · 1-800-US NOTARY ('1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Cal~i2' . . - I e-"!-
County of · l U...,\CU/'~ ·~- Q O vq _]l -:. I, C)((,t'.) fr 1 . ~)-vt !_, - f L On fV\.c11I. 7 2r:xzEz before me, ,. , ~, / :ttFf&t ~ {),:(J{tt/1,J cnZC(L,j [ Date _ Here Insert Name and Title of the om?er .r1 I ...--\ personally appeared ~ V\ ..Dl~,•~_r _( 1~9'-_ _ t _O ___ (_(l_t? __ S _ ___ ___ ~ - --- ~ - Name(s) of Signer(s) who pwved to me o n the basis of satlsf.rJ;ctory evidence, k.> be tile pensori(sJ ·wt'l{)se name(s:i is/are subscribed to the wm.·n Instrument and acknow1edge:d 10 me that he/she/they ~xecuted the same iri 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.
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct
WITNESS my han. d ... i n.d{I ff. icial seal.
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Signature ! // ·( t?i7 ✓ -
/ · Signatre of Notary Public
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Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ __ ._ ___ ___ __ Document Date: - - ~ - ---- Number of Pages: ~ Signer(s) Other Than Named Above: --- - --- - ~~--- - Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _ _ _ _ _ ___ _ ___ _ Signer's Name: - ~----- ~ - --- - D Corporate Offi cer - Title(s): ~ ----- ~ - • Corporate Officer - Title(s): ---- ~~~- • Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact r::J Individual • Attorney in Fact • Trustee • Guardian or Conservator 0 Trustee O Guardian or Conservator • Other:--- --- ~ - - --- ~ • Other: - --- ~ - ---~~- --- Signer Is Representing: --- - ~ - --- - Signer Is Representing: - ~ - - --- --- ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A"
APN 370-203-01
All that real property situated in the State of California, County of Fresno1 City of Reedley 1 lying within Section 261 Township 15 South, Range 23 East, Mount Diablo Base and Meridian, and being a portion of Lot 41 of East Side Homes No. 2, Tract No. 1420, filed in Book 17 of Plats at
BEGINNING at the Northwest Corner of said Lot 41; thence South 89°3011r East along the North Line of said Lot 41, a distance of 15.00 feet; thence South 45°23'59 West, a distance of
21.18 feet more or less to a point on the West Line of said Lot 41; thence North 00°18'09" East along said West Line, a distance of 15.00 feet to the TRUE POINT OF BEGINNING.
Containing an approximate area of 112.5 square feet.
Bearings shown herein are record or calculated
From record as shown on Record of Survey filed
In Book 70, of Record of Surveys, Pages 90 thru 931
Fresno County Records.
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C TY OF REEDLEY I ENGINEERll'JG DEPARTMENT
17 33 9th STREET, REEDLEY, CA 93654
Ph one: (559)637-4200, ext. 295
Fax: (559)637-21.39
EXHIBIT 11B11
DIAGRAM OF
NOTE:
BEARINGS SHOWN ON OR CALCULATED
FROM RECORD OF SURVEY FILED IN
BOOK 70, PAGES 91 THRU 93, FRESNO
COUNTY RECORDS.
LOT 41
• NORTH
0 5 15
FEE TITLE STREET RIGHT-OF-WAY
709 E WASHINGTON AVE
l 370-203-01
/ REVISION~ - I DATE: 't SCALE ___ --
l FEB. 19,_ 20 25 1» = 101
DRAWN BY: j --
No.: BY: O,\TE·. SHEET NO. OF
RECORDING REQUESTED BY:
City of Reedley
WHEN RECORDED RETURN TO:
City of Reedley - Engineering Department
1733 Ninth Street
Reed ley, CA 93654
No Fee Document- per Government Code 6'103
and27383
Jefferson Safe Routes to Schools Project
A portion of APN 370-203-01
SPACE ABOVE THIS LINE FOR RECORDER'S USE
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LUIS TORRES AND MARIA TORRES, Husband and Wife, as joint tenants, hereby GRANTS to the CITY OF REEDLEY, a municipal corporation, a temporary construction easement in, over, and across certain real property situated in the City of Reedley, the County of Fresno, State of California, more particularly described on Exhibit "A" and more particularly depicted on Exhibit "B" attached hereto and made a part hereof. ·
Temporary Construction Easement shall be effective October 1, 2025 to September 30, 2028. res
Acknowledgment Attached)
Maria Torres
(Notary Acknowledgment Attached)
~i ~ 7 / zs-·
Date
~- -,- ;}~------
Date
CERTIFICATE OF ACCEPTANCE
In accordance with Section 27281 of the Government Code, this is to certify that the interest in real property conveyed by this instrument to the City of Reedley, a municipal corporation, is hereby accepted by order of the City Council of the City of Reedley made on the date hereafter set forth and the grantee consents to the recordation thereof by this duly authorized officer.
Resolution Number 2000, adopted June 1, 1976, attached as Exhibit "C".
City of Reedley City Clerk
Dated: -------- By: ____________ _
Ruthie Greenwood
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 :f1c lo .. [0 ) _
On ntia,~ 7 2-DZ-5 before me, r1r'fa E· 10ae_5
Date
personally appeared _ L~ (.F--"' 1, ....... ,{...... S _ _,_L_0_.,,.---_x_r_,--e_J ________________ _ Name(s) of Signer(s)
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 PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ __ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _ • Corporate Officer - Title(s): ______ _ • Corporate Officer - Title(s): ______ _ • Partner - [J Limited • General ::J Partner - • Limited O General ::J Individual ::J Attorney in Fact ::J Individual • Attorney in Fact C Trustee • Guardian or Conservator n Trustee :7 Guardian or Conservator • Other: ______ ________ _ 0 Other: ______________ _
Signer Is Representing: ___ _ ____ _ _ Signer Is Representing: ___ _ _ _ ___ _ ©201 4 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVll CODIE§ 1189 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 CalitQ.t:nia
County of · I 1.A,\Ci..f G ) . , ~- , 1 , f1 [' I
On fvk'u1) 7 202,s before me, b£J11i-Z{ e ~;((f~ 100Wt'LA /LL ){t~ / Date I\ ,,,,.-r- Here Insert Name and Title of the O er personally appeared _0_1
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1 l--=w--'--r-'-t-""-R_· - --1-l--.:o=· _' ~-' -=- 1f --=e _,,,5_· ------------- Name(s) of Signer(s)
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 PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
d official seal.
Place Notary Seal Above OPTIONAL ______________ _
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s}
Signer's Name: ____________ _ Signer's Name: ____________ _ CJ Corporate Officer - Title(s): ______ _ 0 Corporate Officer - Title(s): ______ _ 0 Partner - 0 Limited C General C Partner - [J Limited C General C:::: Individual C Attorney in Fact ::J Individual := Attorney in Fact C Trustee C Guardian or Conservator 0 Trustee • Guardian or Conservator • Other: ______________ _ • Other: ______________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT "A"
APN 370-203-01
A TEMPORARY CONSTRUCTION EASEMENT over and across all that real property situated in t he State of California, County of Fresno, City of Reedley, lying within Section 26, Township 15 South, Range 23 East, Mount Diablo Base and Meridian, and being a portion of Lot 41 of East Side Homes No. 2, Tract No. 1420, filed in Book 17 of Plats at Page 28, Fresno County Records, more particularly described as follows:
BEGINNING at a point on the North Line of said Lot 41, which lies South 89°30'12" East, a distance of 15.00 feet from the Northwest Corner of said Lot 41; thence continuing South 89°30'1211 East along the North Line of said Lot 41, a distance of 4.24 feet; thence leaving said North Line, South 45°23'59 West, a distance of 27.16 feet more or less to a point on the West Line of said Lot 41; thence North 00°1810911 East along said West Line, a distance of 4.24 feet; thence leaving said West Line, North 45°23' 59" East, a distance of 21.18 feet to the North Line of said Lot 41 and the TRUE POINT OF BEGINNING.
THIS TEMPORARY CONSTRUCTION EASEMENT SHALL BE EFFECTIVE OCTOBER 1, 2025 TO SEPTEMBER 30, 2027.
Containing an approximate area of 72.5 square feet.
Bearings shown herein are record or calculated
From record as shown on Record of Survey filed
In Book 70, of Record of Surveys, Pages 90 thru 93,
Fresno County Records.
EXHIBIT mma•
WASHINGTON AVENUE NOTE:
BEARINGS SHOWN ON OR CALCULATED
FROM RECORD OF SURVEY FILED IN
BOOK 70, PAGES 91 THRU 93, FRESNO
COUNTY RECORDS.
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PREPAR ED BY:
C TY OF REEDLEY
ENGINEERING DEPARTMENT
1733 9th STREET, REEDLEY, CA 93 654
Phone : (559)637-4200, ext. 295
Fax: (559)637-21 39
D IAGRAM OF
LOT 4 1 OF EAST SIDE HOMES
NO 2, TR 1420, BOOK 17 OF
PLATS PAGE 28, FRESNO
COUNTY RECORDS
APN : 370-203-01
[/:;:;· / 2 TEMPORARY CONSTRUCTION
./ / ./ EASEMENT AREA • • i'. . ±72.5 S.F.
LOT 41
•
0 NORTH
SCALE : 1" = 10'·
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TEMPORARY CONSTRUCTION EASEMENT
709 E WASH INGTON AVE
370- 203- 01
REVIS IO N S: DATE: SCALE
APR. 11 , 2025 1" = 1 o·
DRAWN BY:
No.: B'"{; DATE: PR SHEET NO. OF
20 Exhibit "C"
RESOLUTION NO . 2000
AUTHORIZING THE CITY CLERK OF THE CITY OF REEDLEY TO
CONSENT TO DEEDS AND THE RECORDATION THEREOF
BE IT RESOLVED by the City Council of the City of Reedley that the City Clerk of the City of Reedley be and is hereby authorized, pursuant to the provisions of Government Code Section 27281, to accept and consent to deeds or grants whereby any interest in real property is conveyed to the City of Reedley, a municipal corporation, and to consent to the recordation thereof.
BE IT FURTHER RESOLVED that the City Clerk of the City of Reedley shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of Fresno County. ******************************************************
I hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Reedley, at a regular meeting thereof held on the l st day of June, 1976, by the following vote, to-wit:
AYES: Councilmen Wade, Wilder, Ball, Lovegreen, and Mayor Camacho.
NOES: None.
ABSENT: None.
City Clerk
DATE: June 10, 2025
REEDLEY CITY COUNCIL
C8J Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
TITLE: ADOPT RESOLUTION NO. 2025-039 AMENDING THE FISCAL YEAR 2024- 2025 ADOPTED BUDGET TO RECEIVE NEW REVENUE AND APPROPRIATE
SUFFICIENT FUNDS FOR DBCP (DIBROMO-CHLOROPROPANE)
SETTLEMENT AGREEMENT LEGAL FEES
SUBMITTED: Heather Kredit, Senior Management Analys~
SUBMITTED: Russ Robertson, Public Works Directo
APPROVED: Nicole Zieba, City Manager
RECOMMENDATION
That the City Council adopt Resolution No. 2025-039 appropriating $97,389 from the Ground Water Treatment Fund for the legal fees related to the DBCP (Dibromo-chloropropane) Settlement Agreement.
EXECUTIVE SUMMARY
In July of 1997, the City of Reedley executed a settlement agreement with Dow Chemical Company, Shell Oil Company, and others for a lump sum settlement to install treatment facilities for the removal of DBCP from the City's groundwater. Additionally, the defendants also agreed to certain sums for maintenance and operation of the carbon filtration systems to assist the City in complying with the treatment of DBCP until March 28, 2037 (a period of 40 years).
The City's attorney for the case, Miller and Axline, recently applied for Operation and Maintenance reimbursement costs for the period of 2019 through 2024. The application was approved and the funds were released to the City. Per the 1997 agreement, the attorney is paid a fee for their services equating to 25% of the reimbursed costs. No other attorney fees are paid and if the application is denied for any reason the attorney does not receive any payment.
The attached budget amendment will account for legal fees in the amount of $97,388.83 and the settlement agreement which has been received in the amount of $389,555.30 resulting in a net gain to the Ground Water Treatment Fund of $292,166.47.
BACKGROUND
The City previously filed litigation regarding the contamination and associated public health risks caused by DBCP, a toxic pesticide historically used in agriculture. The use of DBCP was banned for use in California in 1977.
FISCAL IMPACT
Increase to Ground Water Treatment Fund of $292,166.47.
ATTACHMENTS
Resolution 2025-039
BUDGET AMENDMENT
RESOLUTION 2025-039
The City Council of the City of Reedley does hereby amend the 2024-2025 Budget as follows :
Section I - Additions:
FUND-DEPT.OBJECT
047-4503.3140 Ground Water Treatment Legal Services
AMOUNT
$97,389
Purpose: Amends the FY 2024-2025 Adopted Budget and appropriates $97,389 from the Ground Water Treatment Fund for the Legal fees related to the DBCP Settlement Agreement.
Section II - Source of Funding:
FUND
047-2710 Ground Water Treatment Unallocated Fund Balance AMOUNT
$97,389
Impact:
Reviewed:
The unallocated fund balance in the Groundwater Treatment Fund is both eligible and sufficient to cover this expense.
Assistant City Manager City Manager
The foregoing resolution is hereby adopted on June 10, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
DATE: June 10, 2025
REEDLEY CITY COUNCIL
[SI Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
TITLE: ADOPT RESOLUTION NO. 2025-041, ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR THE REEDLEY SPORTS PARK PHASE 2 PROJECT AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH
THE COUNTY OF FRESNO RECORDER'S OFFICE
SUBMITTED: Marilu Morales \ \ .}.J\
City Engineer Jv'
APPROVED: Nicole Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2025-041, accepting the construction improvements for the Reedley Sports Park Phase 2 Project and authorize the City Engineer to file a Notice of Completion with the County of Fresno Recorder's Office.
EXECUTIVE SUMMARY
On April 9, 2024, City staff conducted the bid opening for the Reedley Sports Park Phase 2 Project (Project). A "Notice of Award" was issued to the lowest responsible bidder, Dave Christian Construction Co., Inc., on April 24, 2024. The first working day on this contract was July 8, 2024.
The time of completion for the Project was 90 working days. However, the Project was suspended twice: first, to allow for the procurement of street lights, and second, to wait for warmer weather necessary for hydroseeding. The Project was substantially completed within the timeframe according to the contact and the contract change orders.
There were six (6) contract change orders requested and issued on this Project. The additional work included modifications to the entry signs, post and cable fence hardware changes, removal of additional asphalt, upsizing of the new blowoff to a 4" blowoff, replacement of irrigation ball valve with a gate valve, upsizing of the existing 4" irrigation main to a 6" main, additional work due to existing utilities being unmarked and at different elevations, additional concrete work and rebar installation, installation of root barriers at existing trees, painting the curb red, providing power to the new controller and booster pump, reseeding the sports park field, credit for irrigation pipe material and base rock, and for final bid quantity adjustments.
The total for all change orders equaled $95,388.82 or a 3.9% increase from the original contract
amount. The contract change orders were approved by the City Manager. The final construction contract for the Project with the change orders totaled $2,537,897.32. The contractor has completed all contract items to the satisfaction of the City Engineer.
PRIOR COUNCIL ACTIONS
Resolution No. 2024-035 awarded a construction contract for the Project to the lowest responsive, responsible bidder, Dave Christian Construction Co., in the amount of $2,442,507.50 plus a 15% contingency of the total bid or $366,376.13 for a total of $2,808,883.63.
FISCAL IMPACT
There is no fiscal impact with regard to the recordation of a Notice of Completion for the Project.
ATTACHMENTS
1. Resolution No. 2025-041
2. Notice of Completion
RESOLUTION NO. 2025-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR THE REEDLEY SPORTS PARK PHASE 2 PROJECT AND AUTHORIZING THE CITY ENGINEER
TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO
RECORDER'S OFFICE
WHEREAS, the Reedley Sports Park Phase 2 Project has been completed per the plans and specifications; and
WHEREAS, there are no outstanding matters with the contractor regarding construction items; and WHEREAS, on June 10th , 2025 the City held a public meeting at the City of Reedley Council Chamber, at 845 "G" Street to consider acceptance of the construction improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Reedley using their independent judgment hereby resolves as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. The City Council using their independent judgment, hereby accepts the subject improvements.
3. The City Council hereby accepts the subject project for maintenance in accordance with the provisions of the contract and applicable ordinances and policies.
4. The City Council approves the Notice of Completion for the construction improvements for the Reedley Sports Park Phase 2, and hereby authorizes the City Engineer to transmit the attached Notice of Completion to the Fresno County Recorder's Office.
5. This resolution is effective upon adoption.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley on this 10th day of June 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RECORDING REQUESTED BY:
AND FOR THE BENEFIT OF,
City of Reedley
No Fee-Gov/t. Code Sections
6103 and 27383
WHEN RECORDED, MAIL TO:
City of Reedley
Engineering Department
1733 9th Street
Reedley, CA 93654
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: City of Reedley
3. The full address of the owner is: 845 "G" Street, Reedley, CA 93654
4. The nature of the interest or estate of the owner is: Fee Title
5. A work of improvement on the property hereinafter described was completed on: May 23, 2025. The work done was: Reedley Sports Park Phase II
6. The name of the contractor, if any, for such work of improvement was: Dave Christian Construction Co., Inc.
7. The property on which said work of improvement was completed is in the City of Reedley, County of Fresno, State of California, and is described as follows: Public Facility, APN 370-240-601
8. The street address of said property is: 20349 E. Dinuba Avenue, Reedley, CA 93654
9. Resolution No. 2025-041, Attached Hereto and Made a Part Hereof.
City of Reedley
Dated: _ ___ ____ ___ _ _
Marilu S. Morales, P.E., City Engineer
VERIFICATION
I, the undersigned, say: I am the City Engineer for the City of Reedley, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
-Marilu S. Morales
{PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.) Executed on ______________ , 2025, at ...;.. R=e-=-ed=le-=--y._,__, ___ C;:....;a=li-'--"fo..;..;. rn=ia"'---_________ _ {DATE) {CITY) (STATE) DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _5 __ June 10, 2025
ADOPTION OF 2025-2026 FISCAL YEAR BUDGET AND RELATED FISCAL ITEMS A. ADOPT RESOLUTION NO. 2025-029 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY, ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY 1, 2025 TO JUNE 30, 2026, PROVIDING FOR THE
APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL
BUDGET, PROVIDING FOR THE TRANSFERS AND ADDITIONAL APPROPRIATIONS
AND REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 10, 2025
B. ADOPT RESOLUTION NO. 2025-030 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES OF THE
CITY OF REEDLEY
C. ADOPT RESOLUTION NO. 2025-031 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR
UNREPRESENTED EMPLOYEES
D. ADOPT RESOLUTION NO. 2025-037 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY ESTABLISHING A REVISED COMPENSATION SCHEDULE FOR THE
VOLUNTEER FIRE DEPARTMENT
E. APPROVE AND AUTHORIZE THE CITY MANAGER OR DESIGN EE TO EXECUTE A
SOFTWARE AS A SERVICE AGREEMENT AND RELATED DOCUMENTS WITH CITYBASE, INC. FOR UTILITY PAYMENT KIOSKS AND SUPPORTING PAYMENT
PROCESSING SERVICES
Nicole
Paul A.
R.
Melikian
Zieba,
,
City
Assistant
Manager
City
2-
~
RECOMMENDATION
Staff recommends the adoption of the 2025-2026 fiscal year budget as discussed at prior meetings and related fiscal items requiring approval as part of the annual budget process as follows :
A. Resolution No. 2025-029 adopting the 2025-2026 fiscal year budget as discussed at prior meetings, except as provided for by minute order of the City Council on June 10, 2025 B. Resolution No. 2025-030 adopting Master Salary Tables for all employees of the City of Reedley C. Resolution No. 2025-031 establishing a salary and benefit schedule for Unrepresented employees D. Resolution No. 2025-037 adopting a revised compensation schedule for the Volunteer Fire Department
E. Approve and authorize the City Manager or designee to execute a Software as a Services Agreement and related documents with CityBase, Inc. for utility payment kiosks and supporting processing services
BACKGROUND
The following discussion of the items presented for Council consideration is discussed in the order in which they appear under the Recommendation section.
Item A. 2025-2026 Fiscal Year Budget
By adopting the attached Resolution No. 2025-029, the 2025-2026 Fiscal Year Proposed Budget appropriations and positions contained therein will become the Adopted Budget, subject to any changes made by City Council during the hearing and deliberation process. As in past approved budget resolutions, the resolution also sets forth the manner in which the adopted budget may be amended, and grants authority to the City Manager to administratively reorganize positions, departments, or units as necessary to implement the goals of the adopted final budget, consistent with city ordinances.
Item B. Master Salary Tables
Approval of the attached Master Salary Tables, Resolution No. 2025-030, will fix the compensation for all appointive officers and employees, satisfying Section 36506 of the State of California Government Code.
The revisions are highlighted below in order in which they appear:
• The position of Police Lieutenant will be renamed Police Commander to be consistent with the existing working title for the position.
• The Fire Chief and Community Services Director positions will be moved from ranges 7 4-U and 75- U, respectively, to range 77-U, effective July 1, 2025. • All full-time positions from the three labor units (Unrepresented, RPOA and GSU) reflect a 3.0% cost of living increase effective July 1, 2025.
• Pay ranges of part-time classifications primarily utilized by programs in the Community Services Department are being increased to be compliant with California minimum wage and to keep pace with comparable wages of other after school program providers.
Item C. Unrepresented Employees Salary & Benefit Schedule This annual resolution sets forth the salary-related compensation & benefits afforded to Unrepresented employees, and covers all full-time employees not represented by the RPOA or GSU bargaining groups. For the 2025-2026 fiscal year, revisions in the order in which they appear in the attached document:
• Removes language pertaining to proration of the existing uniform allowance benefit for probationary Unrepresented public safety employees. The section concerning the benefit will retain the provision allowing for claw back of prorated uniform allowance paid if the incumbent leaves employment prior to June each year.
• All Unrepresented employees will receive a 3.0% cost of living adjustment effective July 1, 2025. • Grants New Year's Eve as a new half-day (4 hours) holiday for all Unrepresented employees. A halfday holiday would have minimal impact to City services as the afternoon of New Year's Eve is
typically a slow time for customer calls and walk-ins, and some businesses that staff interact with already close early that day.
• Moves the currently unutilized Management Analyst classification from mid-management to the nonmanagement category to align with other similar classifications.
Item D. Revised Compensation for Volunteer Fire Department Paid-call Volunteer compensation was last revised in 2024, when the four position categories of Firefighter, Engineer, Lieutenant, and Captain were increased by $5.00 per call. In addition, compensation for trainings longer than three hours increased to $70.00, from $50.00.
Historically, the Reedley Fire Department operated as a volunteer-based service. However, due to the City's growth and the evolving complexity of emergency response requirements, there is a need to transition towards compensated staffing. This year, proposed revisions aim to provide a more flexible and sustainable model to address increasing service demands, improve response times, ensure operational continuity, and maintain compliance with industry training standards.
Station Coverage Rate: $125. 00 per shift (8-hour minimum) • Estimated Annual Payroll Cost: $10,000 - $12,000
• Staff two personnel at the station during peak fire months (May to October), holidays, and weekends. • Improves emergency response times from 6-8 minutes to approximately 1-3 minutes, and on-scene arrival from 10-15 minutes to 4-6 minutes.
• Ensures continuity of coverage during Fire Lieutenant leave or out-of-area assignments (e.g., wildland deployments).
• Allows qualified volunteer fire captains to serve as "Duty Officers" in the absence of a chief officer for high-priority incidents, improving oversight and decision-making at the scene.
Training Instructor Rate: $200.00 per session (4-8 hours of instruction) • Estimated Annual Payroll Cost: $4,800
• Compensates qualified personnel for delivering technical and operational training . • Supports compliance with annual training mandates, including 12 core topics and up to 24 training sessions per year.
• Aligns department practices with OSHA and fire industry standards (192-240 training hours annually).
Specialized Training Daily Rate: $140.00 per day
• Training Duration: 24 to 80 hours, depending on program • Estimated Annual Cost: $3,500 - $5,000
• Covers advanced training not typically offered in-house, such as Swift Water Rescue, Technical Rescue, or Hazardous Materials Operations.
• Promotes ongoing participation in professional development and readiness for complex rescue and emergency incidents
These additional compensation prov1s1ons are anticipated to be funded through existing department appropriations, ensuring no significant increase in the City's general budget.
Item E. Utility Payment Kiosks
As presented during the budget workshops, staff would like to put into place two kiosks for residents and business owners to pay their City utility bills. Public agencies commonly offer these as an added convenience to their customers. The City currently offers five ways to pay the utility bill: 1) Pay by mail; 2) Dropbox at City Hall; 3) In-person at City Hall, 4) Bill pay through their bank, and 5) Autopay through the City website. Even with these options, many customers still choose to pay in-person, which is the most time intensive and costly way for the City to collect utility revenue. So, although the kiosk will be an added convenience for a sixth way to pay the bill, the intent is to begin phasing customers away from in-person payments, which many utilities have already done.
The kiosks are simple to use, with the customer using a touch screen to scan their bill stub or search for their account by address. Once the account is located the current balance will be displayed , and they can pay with cash, check, credit/debit card at the City Hall kiosk location, or by check or credit/debit card at the second location at the Community Center. The kiosks will also provide a receipt to the customer. The payment network fully integrates with the City's accounting platform; therefore, when a payment is made, it will instantly update the customer's balance in the utility billing system.
The annual cost of $39,600 and will be split evenly between the water, wastewater and solid waste enterprise funds. The term of the agreement with CityBase, Inc. will be three years.
ATTACHMENTS
1. Reso #2025-029 City Budget Adoption
2. Reso #2025-030 City Master Salary Tables
3. Reso #2025-031 Salary & Benefit Schedule for Unrepresented Employees
4. Reso #2025-037 Revised Compensation Schedule for Volunteer Fire Department
5. Software as a Services Agreement with CityBase, Inc. for Utility Payment Kiosks
RESOLUTION NO. 2025-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY,
ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY 1, 2025 TO JUNE 30, 2026, PROVIDING FOR THE
APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID
FINAL BUDGET, PROVIDING FOR THE TRANSFERS AND ADDITIONAL
APPROPRIATIONS AND REPEALING ALL RESOLUTIONS AND PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 10, 2025
WHEREAS, the City Council of the City of Reedley, has had submitted to it a Preliminary Budget for the fiscal year July 1, 2025 through June 30, 2026; and WHEREAS, after examination, deliberation and due consideration, the City Council of the City of Reedley has approved the same with modifications; and WHEREAS, it is the intention of the City Council to adopt the said budget as modified and amended by the City Council of the City of Reedley as the Final Budget for the fiscal year 2025 - 2026.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REEDLEY AS FOLLOWS:
1. That certain budget for the fiscal year July 1, 2025 - June 30, 2026, presently on file in the office of the City Clerk entitled, "CITY OF REEDLEY - BUDGET - FISCAL YEAR 2025- 26," which is hereby referred to and incorporated herein by reference as though fully set forth herein verbatim, is hereby adopted as modified and amended by the City Council of the City of Reedley as the Final Annual Budget of the City of Reedley for the fiscal year July 1, 2025 - June 30, 2026.
2. From and after the operative date of this resolution the several amounts stated in the Final Annual Budget hereinafter referred to as adopted expenditures shall become and thereafter be appropriated to the offices, departments, accounts, objects and purposes stated therein for the fiscal year to which said budget is to apply and said monies are hereby authorized to be expended for the purposes and objects specified in said budget.
3. Unless otherwise provided by law, from time to time during the said fiscal year, sums may be transferred from any appropriated item within a designated fund, or accounts within the General Fund, unless expressly prohibited by law, to any other appropriated item within the same fund or funds as deemed necessary by the City Manager. New and/or additional appropriations requiring the use of fund balance shall be made by resolution of the City Council.
Except as monetary appropriations may be affected by intra-fund transfers within the General Fund or other funds as hereinafter provided, no appropriations set forth in said budget shall be canceled in whole or in part except by resolution adopted by the affirmative vote of three-fifths (3/5ths) of all members of the City Council.
4. The City Manager 1s hereby authorized to implement such administrative reorganization of offices, positions, departments, or units, including without limitation reductions in force, as he/she deems necessary, efficient, effective and/or economical to implement the goals of the adopted Final Annual Budget of the City of Reedley for the fiscal year July 1, 2025 - June 30, 2026, and any such reorganization is hereby approved. This approval is intended to satisfy the approval required by Reedley Municipal Code section 1-6-7-4 without any further approval by the City Council.
5. All resolutions and parts of resolutions in conflict herewith, including, but not necessarily limited to, such resolutions or parts of resolutions relating to compensation, allowances or benefits as may be in conflict herewith, are hereby expressly repealed.
6. This resolution shall be effective immediately upon adoption, but shall be operative as of July 1, 2025.
This Resolution was duly passed, approved, and adopted by the City Council of the City of Reedley this 10th day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RESOLUTION NO. 2025-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REEDLEY ADOPTING MASTER SALARY TABLES
FOR ALL EMPLOYEES OF THE CITY OF REEDLEY
WHEREAS, Section 36506 of the Government Code of the State of California provides that the City Council shall, by Resolution or Ordinance, fix the compensation for all appointive officers and employees; and
WHEREAS, the Master Salary Tables are attached as Exhibit 'A' to this Resolution has been reviewed and considered by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley as follows:
1. The Master Salary Tables attached hereto as Exhibit 'A' are hereby adopted.
2. All prior resolutions concerning compensation for City employees that are in conflict with this Resolution or the attached Master Salary Tables are hereby repealed, and this Resolution shall be effective July 1, 2025.
The foregoing Resolution was duly passed, approved, and adopted on the 10th day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
EXHIBIT "A"
Salary Table
Unrepresented Positions
RANGE POSITION STEP A STEP 8 STEP C STEP D STEP E
37-U Recreation Site Lead Hourly $ 22.0726 $ 23.1764 $ 24.3351 $ 25.5519 $ 26.8293 Staff Assistant Bi-weekly $ 1,766 $ 1,854 $ 1,947 $ 2,044 $ 2,146 Monthly $ 3,826 $ 4,017 $ 4,218 $ 4,429 $ 4,650
Annual $ 45,911 $ 48,207 $ 50,617 $ 53,148 $ 55,805
38-U Accounting Technician I Hourly $ 22.6245 $ 23.7558 $ 24.9438 $ 26.1909 $ 27.5005 Bi-weekly $ 1,810 $ 1,900 $ 1,996 $ 2,095 $ 2,200
Monthly $ 3,922 $ 4,118 $ 4,324 $ 4,540 $ 4,767
Annual $ 47,059 $ 49,412 $ 51,883 $ 54,477 $ 57,201
39-U Hourly $ 23.1899 $ 24.3495 $ 25.5668 $ 26.8452 $ 28.1875 Bi-weekly $ 1,855 $ 1,948 $ 2,045 $ 2,148 $ 2,255
Monthly $ 4,020 $ 4,221 $ 4,432 $ 4,653 $ 4,886
Annual $ 48,235 $ 50,647 $ 53,179 $ 55,838 $ 58,630
40-U Hourly $ 23.7697 $ 24.9582 $ 26.2063 $ 27.5163 $ 28.8923 Bi-weekly $ 1,902 $ 1,997 $ 2,097 $ 2,201 $ 2,311
Monthly $ 4,120 $ 4,326 $ 4,542 $ 4,770 $ 5,008
Annual $ 49,441 $ 51,913 $ 54,509 $ 57,234 $ 60,096
41-U Recreation Coordinator (FLSA Exempt) Hourly $ 24.3639 $ 25.5822 $ 26.8615 $ 28.2043 $ 29.6144 Facilities Coordinator (FLSA Exempt) Bi-weekly $ 1,949 $ 2,047 $ 2,149 $ 2,256 $ 2,369 Senior Citizens Coordinator (FLSA Exempt) Monthly $ 4,223 $ 4,434 $ 4,656 $ 4,889 $ 5,133 Annual $ 50,677 $ 53,211 $ 55,872 $ 58,665 $ 61,598
42-U Accounting Technician II Hourly $ 24.9731 $ 26.2216 $ 27.5327 $ 28.9091 $ 30.3548 Administrative Assistant Bi-weekly $ 1,998 $ 2,098 $ 2,203 $ 2,313 $ 2,428 Human Resources Technician Monthly $ 4,329 $ 4,545 $ 4,772 $ 5,011 $ 5,262 Annual $ 51,944 $ 54,541 $ 57,268 $ 60,131 $ 63,138
43-U CAD Technician Hourly $ 25.5976 $ 26.8774 $ 28.2212 $ 29.6322 $ 31.1139 Bi-weekly $ 2,048 $ 2,150 $ 2,258 $ 2,371 $ 2,489
Monthly $ 4,437 $ 4,659 $ 4,892 $ 5,136 $ 5,393
Annual $ 53,243 $ 55,905 $ 58,700 $ 61,635 $ 64,717
44-U Building Permit Technician Hourly $ 26.2375 $ 27.5495 $ 28.9269 $ 30.3731 $ 31.8918 Bi-weekly $ 2,099 $ 2,204 $ 2,314 $ 2,430 $ 2,551
Monthly $ 4,548 $ 4,775 $ 5,014 $ 5,265 $ 5,528
Annual $ 54,574 $ 57,303 $ 60,168 $ 63,176 $ 66,335
EXHIBIT "A"
Salary Table
Unrepresented Positions
RANGE POSITION STEP A STEP 8 STEP C STEP D STEPE
45-U Life Safety / Code Officer Hourly $ 26.8933 $ 28.2380 $ 29.6500 $ 31.1327 $ 32.6894 Bi-weekly $ 2,151 $ 2,259 $ 2,372 $ 2,491 $ 2,615
Monthly $ 4,662 $ 4,895 $ 5,139 $ 5,396 $ 5,666
Annual $ 55,938 $ 58,735 $ 61,672 $ 64,756 $ 67,994
46-U Community Development Technician Hourly $ 27.5654 $ 28.9438 $ 30.3909 $ 31.9106 $ 33.5063 Bi-weekly $ 2,205 $ 2,316 $ 2,431 $ 2,553 $ 2,681
Monthly $ 4,778 $ 5,017 $ 5,268 $ 5,531 $ 5,808
Annual $ 57,336 $ 60,203 $ 63,213 $ 66,374 $ 69,693
47-U Hourly $ 28.2543 $ 29.6668 $ 31.1500 $ 32.7077 $ 34.3433 Bi-weekly $ 2,260 $ 2,373 $ 2,492 $ 2,617 $ 2,747
Monthly $ 4,897 $ 5,142 $ 5,399 $ 5,669 $ 5,953
Annual $ 58,769 $ 61,707 $ 64,792 $ 68,032 $ 71,434
48-U Hourly $ 28.9606 $ 30.4087 $ 31.9293 $ 33.5260 $ 35.2024 Bi-weekly $ 2,317 $ 2,433 $ 2,554 $ 2,682 $ 2,816
Monthly $ 5,020 $ 5,271 $ 5,534 $ 5,811 $ 6,102
Annual $ 60,238 $ 63,250 $ 66,413 $ 69,734 $ 73,221
49-U Engineering Technician Hourly $ 29.6846 $ 31.1688 $ 32.7274 $ 34.3639 $ 36.0822 Building Inspector I Bi-weekly $ 2,375 $ 2,494 $ 2,618 $ 2,749 $ 2,887 Executive Assistant I Deputy City Clerk (FLSA Exempt) Monthly $ 5,145 $ 5,403 $ 5,673 $ 5,956 $ 6,254 Senior Life Safety/ Code Officer Annual $ 61,744 $ 64,831 $ 68,073 $ 71,477 $ 75,051 50-U Hourly $ 30.4269 $ 31.9481 $ 33.5457 $ 35.2231 $ 36.9841 Bi-weekly $ 2,434 $ 2,556 $ 2,684 $ 2,818 $ 2,959
Monthly $ 5,274 $ 5,538 $ 5,815 $ 6,105 $ 6,411
Annual $ 63,288 $ 66,452 $ 69,775 $ 73,264 $ 76,927
51-U Accountant (FLSA Exempt) Hourly $ 31.1875 $ 32.7471 $ 34.3846 $ 36.1038 $ 37.9091 Assistant Planner (FLSA Exempt) Bi-weekly $ 2,495 $ 2,620 $ 2,751 $ 2,888 $ 3,033 Facilities Supervisor (FLSA Exempt) Monthly $ 5,406 $ 5,676 $ 5,960 $ 6,258 $ 6,571 Human Resources Analyst (FLSA Exempt) Annual $ 64,870 $ 68,114 $ 71,520 $ 75,096 $ 78,851 Management Analyst (FLSA Exempt)
52-U Hourly $ 31.9673 $ 33.5659 $ 35.2442 $ 37.0063 $ 38.8567 Bi-weekly $ 2,557 $ 2,685 $ 2,820 $ 2,961 $ 3,109
Monthly $ 5,541 $ 5,818 $ 6,109 $ 6,414 $ 6,735
Annual $ 66,492 $ 69,817 $ 73,308 $ 76,973 $ 80,822
EXHIBIT "A"
Salary Table
Unrepresented Positions
RANGE POSITION STEP A STEP 8 STEP C STEP D STEP E
53-U Building Inspector II Hou rly $ 32.7663 $ 34.4048 $ 36.1250 $ 37.9313 $ 39.8279 Bi-weekly $ 2,621 $ 2,752 $ 2,890 $ 3,035 $ 3,186
Monthly $ 5,680 $ 5,964 $ 6,262 $ 6,575 $ 6,904
Annual $ 68,154 $ 71,562 $ 75,140 $ 78,897 $ 82,842
54-U Fire Lieutenant (FLSA Exempt) Hourly $ 33.5856 $ 35.2649 $ 37.0284 $ 38.8798 $ 40.8240 Recreation Supervisor (FLSA Exempt) Bi-weekly $ 2,687 $ 2,821 $ 2,962 $ 3,110 $ 3,266 Police Support Services Supervisor (FLSA Exempt) Monthly $ 5,822 $ 6,113 $ 6,418 $ 6,739 $ 7,076 Annual $ 69,858 $ 73,351 $ 77,019 $ 80,870 $ 84,914
55-U Engineering Assistant Hourly $ 34.4250 $ 36.1462 $ 37.9534 $ 39.8510 $ 41.8438 Bi-weekly $ 2,754 $ 2,892 $ 3,036 $ 3,188 $ 3,348
Monthly $ 5,967 $ 6,265 $ 6,579 $ 6,908 $ 7,253
Annual $ 71,604 $ 75,184 $ 78,943 $ 82,890 $ 87,035
56-U Hourly $ 35.2856 $ 37.0500 $ 38.9024 $ 40.8476 $ 42.8899 Bi-weekly $ 2,823 $ 2,964 $ 3,112 $ 3,268 $ 3,431
Monthly $ 6,116 $ 6,422 $ 6,743 $ 7,080 $ 7,434
Annual $ 73,394 $ 77,064 $ 80,917 $ 84,963 $ 89,211
57-U Associate Planner (FLSA Exempt) Hourly $ 36.1678 $ 37.9760 $ 39.8750 $ 41.8688 $ 43.9620 Senior Building Inspector Bi-weekly $ 2,893 $ 3,038 $ 3,190 $ 3,350 $ 3,517 City Clerk (FLSA Exempt) Monthly $ 6,269 $ 6,583 $ 6,912 $ 7,257 $ 7,620 Senior Management Analyst (FLSA Exempt) Annual $ 75,229 $ 78,990 $ 82,940 $ 87,087 $ 91,441 Senior Human Resources Analyst (FLSA Exempt)
58-U Hourly $ 37.0721 $ 38.9260 $ 40.8721 $ 42.9159 $ 45.0615 Bi-weekly $ 2,966 $ 3,114 $ 3,270 $ 3,433 $ 3,605
Monthly $ 6,426 $ 6,747 $ 7,085 $ 7,439 $ 7,811
Annual $ 77,110 $ 80,966 $ 85,014 $ 89,265 $ 93,728
59-U Hourly $ 37.9990 $ 39.8990 $ 41.8942 $ 43.9889 $ 46.1885 Bi-weekly $ 3,040 $ 3,192 $ 3,352 $ 3,519 $ 3,695
Monthly $ 6,587 $ 6,916 $ 7,262 $ 7,625 $ 8,006
Annual $ 79,038 $ 82,990 $ 87,140 $ 91,497 $ 96,072
60-U Hourly $ 38.9490 $ 40.8966 $ 42.9413 $ 45.0885 $ 47.3428 Bi-weekly $ 3,116 $ 3,272 $ 3,435 $ 3,607 $ 3,787
Monthly $ 6,751 $ 7,089 $ 7,443 $ 7,815 $ 8,206
Annual $ 81,014 $ 85,065 $ 89,318 $ 93,784 $ 98,473
EXHIBIT "A"
Salary Table
Unrepresented Positions
RANGE POSITION STEP A STEP 8 STEPC STEPD STEP E
61-U Senior Engineering Assistant (FLSA Exempt) Hourly $ 39.9226 $ 41.9188 $ 44.0149 $ 46.2159 $ 48.5264 Senior Accountant (FLSA Exempt) Bi-weekly $ 3,194 $ 3,354 $ 3,521 $ 3,697 $ 3,882 Monthly $ 6,920 $ 7,266 $ 7,629 $ 8,011 $ 8,411
Annual $ 83,039 $ 87,191 $ 91,551 $ 96,129 $ 100,935
62-U Senior Planner (FLSA Exempt) Hourly $ 40.9207 $ 42.9668 $ 45.1154 $ 47.3712 $ 49.7399 City Clerk/ Executive Assistant (FLSA Exempt) Bi-weekly $ 3,274 $ 3,437 $ 3,609 $ 3,790 $ 3,979 Monthly $ 7,093 $ 7,448 $ 7,820 $ 8,211 $ 8,622
Annual $ 85,115 $ 89,371 $ 93,840 $ 98,532 $ 103,459
63-U Hourly $ 41.9438 $ 44.0409 $ 46.2428 $ 48.5548 $ 50.9827 Bi-weekly $ 3,356 $ 3,523 $ 3,699 $ 3,884 $ 4,079
Monthly $ 7,270 $ 7,634 $ 8,015 $ 8,416 $ 8,837
Annual $ 87,243 $ 91,605 $ 96,185 $ 100,994 $ 106,044
64-U Assistant Engineer (FLSA Exempt) Hourly $ 42.9923 $ 45.1418 $ 47.3990 $ 49.7692 $ 52.2577 Assistant Water System Supervisor (FLSA Exempt) Bi-weekly $ 3,439 $ 3,611 $ 3,792 $ 3,982 $ 4,181 Assistant Wastewater System Supervisor (FLSA Exempt) Monthly $ 7,452 $ 7,825 $ 8,216 $ 8,627 $ 9,058 Capital Projects I Airport Manager (FLSA Exempt) Annual $ 89,424 $ 93,895 $ 98,590 $ 103,520 $ 108,696 City Building Official (FLSA Exempt)
Public Works Manager (FLSA Exempt)
65-U Hourly $ 44.0673 $ 46.2707 $ 48.5841 $ 51.0135 $ 53.5639 Bi-weekly $ 3,525 $ 3,702 $ 3,887 $ 4,081 $ 4,285
Monthly $ 7,638 $ 8,020 $ 8,421 $ 8,842 $ 9,284
Annual $ 91,660 $ 96,243 $ 101,055 $ 106,108 $ 111,413
66-U Fire Battalion Chief (FLSA Exempt) Hourly $ 45.1692 $ 47.4279 $ 49.7995 $ 52.2894 $ 54.9038 Bi-weekly $ 3,614 $ 3,794 $ 3,984 $ 4,183 $ 4,392
Monthly $ 7,829 $ 8,221 $ 8,632 $ 9,064 $ 9,517
Annual $ 93,952 $ 98,650 $ 103,583 $ 108,762 $ 114,200
67-U Roads & Grounds Supervisor (FLSA Exempt) Hourly $ 46.2986 $ 48.6135 $ 51.0442 $ 53.5966 $ 56.2764 Water System Supervisor (FLSA Exempt) Bi-weekly $ 3,704 $ 3,889 $ 4,084 $ 4,288 $ 4,502 Wastewater System Supervisor (FLSA Exempt) Monthly $ 8,025 $ 8,426 $ 8,848 $ 9,290 $ 9,755 Annual $ 96,301 $ 101,116 $ 106,172 $ 111,481 $ 117,055 68-U Human Resources Manager (FLSA Exempt) Hourly $ 47.4563 $ 49.8288 $ 52.3202 $ 54.9361 $ 57.6827 City Planner (FLSA Exempt) Bi-weekly $ 3,797 $ 3,986 $ 4,186 $ 4,395 $ 4,615 Monthly $ 8,226 $ 8,637 $ 9,069 $ 9,522 $ 9,998
Annual $ 98,709 $ 103,644 $ 108,826 $ 114,267 $ 119,980 EXHIBIT "A"
Salary Table
Unrepresented Positions
RANGE POSITION STEP A STEP B STEP C STEP D STEP E
69-U Hourly $ 48.6428 $ 51.0750 $ 53.6288 $ 56.3101 $ 59.1255 Bi-weekly $ 3,891 $ 4,086 $ 4,290 $ 4,505 $ 4,730
Monthly $ 8,431 $ 8,853 $ 9,296 $ 9,760 $ 10,248
Annual $ 101,177 $ 106,236 $ 111,548 $ 117,125 $ 122,981 70-U Accounting Manager (FLSA Exempt) Hourly $ 49.8587 $ 52.3514 $ 54.9692 $ 57.7178 $ 60.6038 Associate Engineer (FLSA Exempt) Bi-weekly $ 3,989 $ 4,188 $ 4,398 $ 4,617 $ 4,848 Monthly $ 8,642 $ 9,074 $ 9,528 $ 10,004 $ 10,505
Annual $ 103,706 $ 108,891 $ 114,336 $ 120,053 $ 126,056 71-U Police Lieutenant Commander (FLSA Exempt) Hourly $ 51 .1053 $ 53.6606 $ 56.3438 $ 59.1611 $ 62.1192 Bi-weekly $ 4,088 $ 4,293 $ 4,508 $ 4,733 $ 4,970
Monthly $ 8,858 $ 9,301 $ 9,766 $ 10,255 $ 10,767
Annual $ 106,299 $ 111,614 $ 117,195 $ 123,055 $ 129,208 72-U Hourly $ 52.3827 $ 55.0019 $ 57.7519 $ 60.6394 $ 63.6716 Bi-weekly $ 4,191 $ 4,400 $ 4,620 $ 4,851 $ 5,094
Monthly $ 9,080 $ 9,534 $ 10,010 $ 10,511 $ 11,036
Annual $ 108,956 $ 114,404 $ 120,124 $ 126,130 $ 132,437 73-U City Engineer (Division Head FLSA Exempt) Hourly $ 53.6923 $ 56.3769 $ 59.1957 $ 62.1553 $ 65.2630 Bi-weekly $ 4,295 $ 4,510 $ 4,736 $ 4,972 $ 5,221
Monthly $ 9,307 $ 9,772 $ 10,261 $ 10,774 $ 11,312
Annual $ 111,680 $ 117,264 $ 123,127 $ 129,283 $ 135,747 74-U Fire Chief (FLSA Exempt) Hourly $ 55.0346 $ 57.7865 $ 60.6760 $ 63.7096 $ 66.8952 Bi-weekly $ 4,403 $ 4,623 $ 4,854 $ 5,097 $ 5,352
Monthly $ 9,539 $ 10,016 $ 10,517 $ 11,043 $ 11,595
Annual $ 114,472 $ 120,196 $ 126,206 $ 132,516 $ 139,142 75-U Community ServiGes CireGter (FLSil\ Exempt) Hourly $ 56.4106 $ 59.2313 $ 62.1928 $ 65.3024 $ 68.5673 Bi-weekly $ 4,513 $ 4,739 $ 4,975 $ 5,224 $ 5,485
Monthly $ 9,778 $ 10,267 $ 10,780 $ 11,319 $ 11,885
Annual $ 117,334 $ 123,201 $ 129,361 $ 135,829 $ 142,620 76-U Hourly $ 57.8207 $ 60.7115 $ 63.7471 $ 66.9346 $ 70.2813 Bi-weekly $ 4,626 $ 4,857 $ 5,100 $ 5,355 $ 5,623
Monthly $ 10,022 $ 10,523 $ 11,050 $ 11,602 $ 12,182
Annual $ 120,267 $ 126,280 $ 132,594 $ 139,224 $ 146,185 EXHIBIT "A"
Salary Table
Unrepresented Positions
RANGE POSITION STEP A STEP B STEPC STEP D STEP E
77-U Fire Chief (FLSA Exempt) Hourly $ 59.2663 $ 62.2298 $ 65.3413 $ 68.6087 $ 72.0389 Community Services Director (FLSA Exempt) Bi-weekly $ 4,741 $ 4,978 $ 5,227 $ 5,489 $ 5,763 Monthly $ 10,273 $ 10,787 $ 11,326 $ 11,892 $ 12,487
Annual $ 123,274 $ 129,438 $ 135,910 $ 142,706 $ 149,841 78-U Hourly $ 60.7481 $ 63.7856 $ 66.9750 $ 70.3236 $ 73.8399 Bi-weekly $ 4,860 $ 5,103 $ 5,358 $ 5,626 $ 5,907
Monthly $ 10,530 $ 11,056 $ 11,609 $ 12,189 $ 12,799
Annual $ 126,356 $ 132,674 $ 139,308 $ 146,273 $ 153,587 79-U Hourly $ 62.2668 $ 65.3803 $ 68.6495 $ 72.0822 $ 75.6865 Bi-weekly $ 4,981 $ 5,230 $ 5,492 $ 5,767 $ 6,055
Monthly $ 10,793 $ 11,333 $ 11,899 $ 12,494 $ 13,119
Annual $ 129,515 $ 135,991 $ 142,791 $ 149,931 $ 157,428 80-U Hourly $ 63.8236 $ 67.0149 $ 70.3659 $ 73.8841 $ 77.5784 Bi-weekly $ 5,106 $ 5,361 $ 5,629 $ 5,911 $ 6,206
Monthly $ 11,063 $ 11,616 $ 12,197 $ 12,807 $ 13,447
Annual $ 132,753 $ 139,391 $ 146,361 $ 153,679 $ 161,363 81-U Director of Finance & Administrative Services (FLSA Exempt) Hourly $ 65.4192 $ 68.6904 $ 72.1250 $ 75.7313 $ 79.5178 Public Works Director (FLSA Exempt) Bi-weekly $ 5,234 $ 5,495 $ 5,770 $ 6,059 $ 6,361 Community Development Director (FLSA Exempt) Monthly $ 11,339 $ 11,906 $ 12,502 $ 13,127 $ 13,783 City Engineer (Department Head FLSA Exempt) Annual $ 136,072 $ 142,876 $ 150,020 $ 157,521 $ 165,397 Police Chief (FLSA Exempt)
82-U Hourly $ 67.0548 $ 70.4077 $ 73.9279 $ 77.6245 $ 81.5058 Bi-weekly $ 5,364 $ 5,633 $ 5,914 $ 6,210 $ 6,520
Monthly $ 11,623 $ 12,204 $ 12,814 $ 13,455 $ 14,128
Annual $ 139,474 $ 146,448 $ 153,770 $ 161,459 $ 169,532 83-U Hourly $ 68.7313 $ 72.1678 $ 75.7760 $ 79.5649 $ 83.5433 Bi-weekly $ 5,499 $ 5,773 $ 6,062 $ 6,365 $ 6,683
Monthly $ 11,913 $ 12,509 $ 13,135 $ 13,791 $ 14,481
Annual $ 142,961 $ 150,109 $ 157,614 $ 165,495 $ 173,770 84-U Hourly $ 70.4495 $ 73.9721 $ 77.6707 $ 81.5543 $ 85.6322 Bi-weekly $ 5,636 $ 5,918 $ 6,214 $ 6,524 $ 6,851
Monthly $ 12,211 $ 12,822 $ 13,463 $ 14,136 $ 14,843
Annual $ 146,535 $ 153,862 $ 161,555 $ 169,633 $ 178,115 EXHIBIT "A"
Salary Table
Unrepresented Positions
RANGE POSITION STEP A STEPS STEP C STEP D STEP E
85-U Assistant City Manager (FLSA Exempt) Hourly $ 72.2106 $ 75.8212 $ 79.6120 $ 83.5928 $ 87.7726 Bi-weekly $ 5,777 $ 6,066 $ 6,369 $ 6,687 $ 7,022
Monthly $ 12,517 $ 13,142 $ 13,799 $ 14,489 $ 15,214
Annual $ 150,198 $ 157,708 $ 165,593 $ 173,873 $ 182,567 86-U Hourly $ 74.0159 $ 77.7168 $ 81.6029 $ 85.6832 $ 89.9673 Bi-weekly $ 5,921 $ 6,217 $ 6,528 $ 6,855 $ 7,197
Monthly $ 12,829 $ 13,471 $ 14,145 $ 14,852 $ 15,594
Annual $ 153,953 $ 161,651 $ 169,734 $ 178,221 $ 187,132 87-U Hourly $ 75.8663 $ 79.6596 $ 83.6428 $ 87.8250 $ 92.2163 Bi-weekly $ 6,069 $ 6,373 $ 6,691 $ 7,026 $ 7,377
Monthly $ 13,150 $ 13,808 $ 14,498 $ 15,223 $ 15,984
Annual $ 157,802 $ 165,692 $ 173,977 $ 182,676 $ 191 ,810 88-U Hourly $ 77.7630 $ 81 .6510 $ 85.7337 $ 90.0202 $ 94.5212 Bi-weekly $ 6,221 $ 6,532 $ 6,859 $ 7,202 $ 7,562
Monthly $ 13,479 $ 14,153 $ 14,861 $ 15,604 $ 16,384
Annual $ 161,747 $ 169,834 $ 178,326 $ 187,242 $ 196,604 89-U Hourly $ 79.7072 $ 83.6928 $ 87.8774 $ 92.2712 $ 96.8846 Bi-weekly $ 6,377 $ 6,695 $ 7,030 $ 7,382 $ 7,751
Monthly $ 13,816 $ 14,507 $ 15,232 $ 15,994 $ 16,793
Annual $ 165,791 $ 174,081 $ 182,785 $ 191,924 $ 201,520 90-U Hourly $ 81 .7000 $ 85.7851 $ 90.0745 $ 94.5784 $ 99.3072 Bi-weekly $ 6,536 $ 6,863 $ 7,206 $ 7,566 $ 7,945
Monthly $ 14,161 $ 14,869 $ 15,613 $ 16,394 $ 17,213
Annual $ 169,936 $ 178,433 $ 187,355 $ 196,723 $ 206,559 91 -U Hourly $ 83.7423 $ 87.9293 $ 92.3260 $ 96.9423 $ 101.7894 Bi-weekly $ 6,699 $ 7,034 $ 7,386 $ 7,755 $ 8,143
Monthly $ 14,515 $ 15,241 $ 16,003 $ 16,803 $ 17,644
Annual $ 174,184 $ 182,893 $ 192,038 $ 201,640 $ 211,722 92-U Hourly $ 85.8361 $ 90.1279 $ 94.6341 $ 99.3659 $ 104.3341 Bi-weekly $ 6,867 $ 7,210 $ 7,571 $ 7,949 $ 8,347
Monthly $ 14,878 $ 15,622 $ 16,403 $ 17,223 $ 18,085
Annual $ 178,539 $ 187,466 $ 196,839 $ 206,681 $ 217,015 EXHIBIT "A"
Salary Table
Unrepresented Positions
RANGE POSITION STEP A STEP 8 STEPC STEP D STEP E
93-U Hourly $ 87.9817 $ 92.3808 $ 97.0000 $ 101.8500 $ 106.9423 Bi-weekly $ 7,039 $ 7,390 $ 7,760 $ 8,148 $ 8,555
Monthly $ 15,250 $ 16,013 $ 16,813 $ 17,654 $ 18,537
Annual $ 183,002 $ 192,152 $ 201,760 $ 211,848 $ 222,440 94-U Hourly $ 90.1813 $ 94.6904 $ 99.4250 $ 104.3962 $ 109.6159 Bi-weekly $ 7,215 $ 7,575 $ 7,954 $ 8,352 $ 8,769
Monthly $ 15,631 $ 16,413 $ 17,234 $ 18,095 $ 19,000
Annual $ 187,577 $ 196,956 $ 206,804 $ 217,144 $ 228,001 CM-U City Manager (FLSA Exempt) Hourly $ 110.5063
Bi-weekly $ 8,841
Monthly $ 19,154
Annual $ 229,853
EXHIBIT "A"
Salary Table
Reedley Public Safety Association "RPOA"
Non-Sworn Positions
RANGE POSITION STEP A STEP B STEPC STEP D STEP E
36-P Police Records Specialist Hourly $ 21.8500 $ 22.9423 $ 24.0894 $ 25.2938 $ 26.5587 Bi-weekly $ 1,748 $ 1,835 $ 1,927 $ 2,024 $ 2,125
Monthly $ 3,787 $ 3,977 $ 4,176 $ 4,384 $ 4,604
Annual $ 45,448 $ 47,720 $ 50,106 $ 52,611 $ 55,242
37-P Community Services Officer Hourly $ 22.3962 $ 23.5159 $ 24.6918 $ 25.9264 $ 27.2226 Dispatcher I Bi-weekly $ 1,792 $ 1,881 $ 1,975 $ 2,074 $ 2,178 Monthly $ 3,882 $ 4,076 $ 4,280 $ 4,494 $ 4,719
Annual $ 46,584 $ 48,913 $ 51,359 $ 53,927 $ 56,623
38-P Senior Records Specialist Hourly $ 22.9563 $ 24.1038 $ 25.3091 $ 26.5745 $ 27.9034 Bi-weekly $ 1,837 $ 1,928 $ 2,025 $ 2,126 $ 2,232
Monthly $ 3,979 $ 4,178 $ 4,387 $ 4,606 $ 4,837
Annual $ 47,749 $ 50,136 $ 52,643 $ 55,275 $ 58,039
39-P Hourly $ 23.5303 $ 24.7067 $ 25.9423 $ 27.2394 $ 28.6014 Bi-weekly $ 1,882 $ 1,977 $ 2,075 $ 2,179 $ 2,288
Monthly $ 4,079 $ 4,283 $ 4,497 $ 4,722 $ 4,958
Annual $ 48,943 $ 51,390 $ 53,960 $ 56,658 $ 59,491
40-P Hourly $ 24.1188 $ 25.3245 $ 26.5909 $ 27.9202 $ 29.3163 Bi-weekly $ 1,930 $ 2,026 $ 2,127 $ 2,234 $ 2,345
Monthly $ 4,181 $ 4,390 $ 4,609 $ 4,840 $ 5,082
Annual $ 50,167 $ 52,675 $ 55,309 $ 58,074 $ 60,978
41-P Dispatcher II Hourly $ 24.7216 $ 25.9577 $ 27.2558 $ 28.6188 $ 30.0495 Senior Community Services Officer Bi-weekly $ 1,978 $ 2,077 $ 2,180 $ 2,290 $ 2,404 Animal Control Officer Monthly $ 4,285 $ 4,499 $ 4,724 $ 4,961 $ 5,209 Annual $ 51,421 $ 53,992 $ 56,692 $ 59,527 $ 62,503
42-P Hourly $ 25.3399 $ 26.6067 $ 27.9370 $ 29.3337 $ 30.8005 Bi-weekly $ 2,027 $ 2,129 $ 2,235 $ 2,347 $ 2,464
Monthly $ 4,392 $ 4,612 $ 4,842 $ 5,085 $ 5,339
Annual $ 52,707 $ 55,342 $ 58,109 $ 61,014 $ 64,065
43-P Hourly $ 25.9736 $ 27.2721 $ 28.6356 $ 30.0673 $ 31.5707 Bi-weekly $ 2,078 $ 2,182 $ 2,291 $ 2,405 $ 2,526
Monthly $ 4,502 $ 4,727 $ 4,964 $ 5,212 $ 5,472
Annual $ 54,025 $ 56,726 $ 59,562 $ 62,540 $ 65,667
EXHIBIT "A"
Salary Table
Reedley Public Safety Association "RPOA"
Non-Sworn Positions
RANGE POSITION STEP A STEP B STEPC STEPD STEP E
44-P Hourly $ 26.6231 $ 27.9538 $ 29.3514 $ 30.8192 $ 32.3601 Bi-weekly $ 2,130 $ 2,236 $ 2,348 $ 2,466 $ 2,589
Monthly $ 4,615 $ 4,845 $ 5,088 $ 5,342 $ 5,609
Annual $ 55,376 $ 58,144 $ 61,051 $ 64,104 $ 67,309
45-P Hourly $ 27.2885 $ 28.6529 $ 30.0856 $ 31.5899 $ 33.1692 Bi-weekly $ 2,183 $ 2,292 $ 2,407 $ 2,527 $ 2,654
Monthly $ 4,730 $ 4,967 $ 5,215 $ 5,476 $ 5,749
Annual $ 56,760 $ 59,598 $ 62,578 $ 65,707 $ 68,992
46-P Police Records & Com Supervisor Hourly $ 27.9707 $ 29.3692 $ 30.8375 $ 32.3793 $ 33.9981 Bi-weekly $ 2,238 $ 2,350 $ 2,467 $ 2,590 $ 2,720
Monthly $ 4,848 $ 5,091 $ 5,345 $ 5,612 $ 5,893
Annual $ 58,179 $ 61,088 $ 64,142 $ 67,349 $ 70,716
47-P Hourly $ 28.6697 $ 30.1034 $ 31.6087 $ 33.1889 $ 34.8486 Bi-weekly $ 2,294 $ 2,408 $ 2,529 $ 2,655 $ 2,788
Monthly $ 4,969 $ 5,218 $ 5,479 $ 5,753 $ 6,040
Annual $ 59,633 $ 62,615 $ 65,746 $ 69,033 $ 72,485
48-P Hourly $ 29.3865 $ 30.8558 $ 32.3986 $ 34.0183 $ 35.7192 Bi-weekly $ 2,351 $ 2,468 $ 2,592 $ 2,721 $ 2,858
Monthly $ 5,094 $ 5,348 $ 5,616 $ 5,897 $ 6,191
Annual $ 61,124 $ 64,180 $ 67,389 $ 70,758 $ 74,296
49-P Hourly $ 30.1212 $ 31.6274 $ 33.2087 $ 34.8692 $ 36.6125 Bi-weekly $ 2,410 $ 2,530 $ 2,657 $ 2,790 $ 2,929
Monthly $ 5,221 $ 5,482 $ 5,756 $ 6,044 $ 6,346
Annual $ 62,652 $ 65,785 $ 69,074 $ 72,528 $ 76,154
50-P Hourly $ 30.8740 $ 32.4178 $ 34.0385 $ 35.7404 $ 37.5274 Bi-weekly $ 2,470 $ 2,593 $ 2,723 $ 2,859 $ 3,002
Monthly $ 5,352 $ 5,619 $ 5,900 $ 6,195 $ 6,505
Annual $ 64,218 $ 67,429 $ 70,800 $ 74,340 $ 78,057
EXHIBIT "A"
Salary Table
Reedley Public Safety Association "RPOA"
Sworn Positions
RANGE POSITION STEP A STEP B STEPC STEPD STEP E
50-P Police Officer Hourly $ 31.3212 $ 32.8870 $ 34.5313 $ 36.2577 $ 38.0707 Bi-weekly $ 2,506 $ 2,631 $ 2,763 $ 2,901 $ 3,046
Monthly $ 5,429 $ 5,700 $ 5,985 $ 6,285 $ 6,599
Annual $ 65,148 $ 68,405 $ 71,825 $ 75,416 $ 79,187
51-P Hourly $ 32.1043 $ 33.7096 $ 35.3952 $ 37.1649 $ 39.0231 Bi-weekly $ 2,568 $ 2,697 $ 2,832 $ 2,973 $ 3,122
Monthly $ 5,565 $ 5,843 $ 6,135 $ 6,442 $ 6,764
Annual $ 66,777 $ 70,116 $ 73,622 $ 77,303 $ 81,168
52-P Senior Police Officer Hourly $ 32.9067 $ 34.5519 $ 36.2793 $ 38.0933 $ 39.9981 Bi-weekly $ 2,633 $ 2,764 $ 2,902 $ 3,047 $ 3,200
Monthly $ 5,704 $ 5,989 $ 6,288 $ 6,603 $ 6,933
Annual $ 68,446 $ 71,868 $ 75,461 $ 79,234 $ 83,196
53-P Hourly $ 33.7293 $ 35.4159 $ 37.1865 $ 39.0457 $ 40.9981 Bi-weekly $ 2,698 $ 2,833 $ 2,975 $ 3,124 $ 3,280
Monthly $ 5,846 $ 6,139 $ 6,446 $ 6,768 $ 7,106
Annual $ 70,157 $ 73,665 $ 77,348 $ 81,215 $ 85,276
54-P Hourly $ 34.5726 $ 36.3014 $ 38.1163 $ 40.0221 $ 42.0231 Bi-weekly $ 2,766 $ 2,904 $ 3,049 $ 3,202 $ 3,362
Monthly $ 5,993 $ 6,292 $ 6,607 $ 6,937 $ 7,284
Annual $ 71,911 $ 75,507 $ 79,282 $ 83,246 $ 87,408
55-P Hourly $ 35.4370 $ 37.2087 $ 39.0692 $ 41.0226 $ 43.0736 Bi-weekly $ 2,835 $ 2,977 $ 3,126 $ 3,282 $ 3,446
Monthly $ 6,142 $ 6,450 $ 6,772 $ 7,111 $ 7,466
Annual $ 73,709 $ 77,394 $ 81,264 $ 85,327 $ 89,593
56-P Hourly $ 36.3231 $ 38.1394 $ 40.0466 $ 42.0490 $ 44.1514 Bi-weekly $ 2,906 $ 3,051 $ 3,204 $ 3,364 $ 3,532
Monthly $ 6,296 $ 6,611 $ 6,941 $ 7,289 $ 7,653
Annual $ 75,552 $ 79,330 $ 83,297 $ 87,462 $ 91,835
57-P Hourly $ 37.2313 $ 39.0928 $ 41.0476 $ 43.1000 $ 45.2548 Bi-weekly $ 2,979 $ 3,127 $ 3,284 $ 3,448 $ 3,620
Monthly $ 6,453 $ 6,776 $ 7,115 $ 7,471 $ 7,844
Annual $ 77,441 $ 81 ,313 $ 85,379 $ 89,648 $ 94,130
EXHIBIT "A"
Salary Table
Reedley Public Safety Association "RPOA"
Sworn Positions
RANGE POSITION STEP A STEP B STEPC STEPD STEP E
58-P Hourly $ 38.1620 $ 40.0702 $ 42.0736 $ 44.1774 $ 46.3861 Bi-weekly $ 3,053 $ 3,206 $ 3,366 $ 3,534 $ 3,711
Monthly $ 6,615 $ 6,946 $ 7,293 $ 7,657 $ 8,040
Annual $ 79,377 $ 83,346 $ 87,513 $ 91,889 $ 96,483
59-P Police Sergeant Hourly $ 39.1159 $ 41.0716 $ 43.1250 $ 45.2813 $ 47.5452 Bi-weekly $ 3,129 $ 3,286 $ 3,450 $ 3,623 $ 3,804
Monthly $ 6,780 $ 7,119 $ 7,475 $ 7,849 $ 8,241
Annual $ 81,361 $ 85,429 $ 89,700 $ 94,185 $ 98,894
60-P Hourly $ 40.0938 $ 42.0986 $ 44.2034 $ 46.4135 $ 48.7341 Bi-weekly $ 3,208 $ 3,368 $ 3,536 $ 3,713 $ 3,899
Monthly $ 6,950 $ 7,297 $ 7,662 $ 8,045 $ 8,447
Annual $ 83,395 $ 87,565 $ 91,943 $ 96,540 $ 101,367
61-P Senior Police Sergeant Hourly $ 41.0962 $ 43.1510 $ 45.3087 $ 47.5740 $ 49.9529 Bi-weekly $ 3,288 $ 3,452 $ 3,625 $ 3,806 $ 3,996
Monthly $ 7,123 $ 7,480 $ 7,854 $ 8,246 $ 8,659
Annual $ 85,480 $ 89,754 $ 94,242 $ 98,954 $ 103,902
EXHIBIT "A"
Salary Table
General Services Unit
RANGE POSITION STEP A STEP B STEPC STEP D STEP E
28-G Hourly $ 17.6447 $ 18.5269 $ 19.4534 $ 20.4260 $ 21.4471 Bi-weekly $ 1,412 $ 1,482 $ 1,556 $ 1,634 $ 1,716
Monthly $ 3,058 $ 3,211 $ 3,372 $ 3,541 $ 3,718
Annual $ 36,701 $ 38,536 $ 40,463 $ 42,486 $ 44,610
29-G Hourly $ 18.0861 $ 18.9904 $ 19.9399 $ 20.9370 $ 21.9837 Bi-weekly $ 1,447 $ 1,519 $ 1,595 $ 1,675 $ 1,759
Monthly $ 3,135 $ 3,292 $ 3,456 $ 3,629 $ 3,811
Annual $ 37,619 $ 39,500 $ 41,475 $ 43,549 $ 45,726
30-G Hourly $ 18.5380 $ 19.4649 $ 20.4380 $ 21.4601 $ 22.5332 Bi-weekly $ 1,483 $ 1,557 $ 1,635 $ 1,717 $ 1,803
Monthly $ 3,213 $ 3,374 $ 3,543 $ 3,720 $ 3,906
Annual $ 38,559 $ 40,487 $ 42,511 $ 44,637 $ 46,869
31-G Hourly $ 19.0014 $ 19.9514 $ 20.9490 $ 21.9966 $ 23.0966 Bi-weekly $ 1,520 $ 1,596 $ 1,676 $ 1,760 $ 1,848
Monthly $ 3,294 $ 3,458 $ 3,631 $ 3,813 $ 4,003
Annual $ 39,523 $ 41,499 $ 43,574 $ 45,753 $ 48,041
32-G Parks Maintenance Worker I Hourly $ 19.4764 $ 20.4505 $ 21.4731 $ 22.5466 $ 23.6740 Bi-weekly $ 1,558 $ 1,636 $ 1,718 $ 1,804 $ 1,894
Monthly $ 3,376 $ 3,545 $ 3,722 $ 3,908 $ 4,104
Annual $ 40,511 $ 42,537 $ 44,664 $ 46,897 $ 49,242
33-G Hourly $ 19.9635 $ 20.9615 $ 22.0096 $ 23.1101 $ 24.2654 Bi-weekly $ 1,597 $ 1,677 $ 1,761 $ 1,849 $ 1,941
Monthly $ 3,460 $ 3,633 $ 3,815 $ 4,006 $ 4,206
Annual $ 41,524 $ 43,600 $ 45,780 $ 48,069 $ 50,472
34-G Maintenance Worker I (Water, WWTP, Streets) Hourly $ 20.4625 $ 21.4856 $ 22.5601 $ 23.6880 $ 24.8726 Water System Utility Worker Bi-weekly $ 1,637 $ 1,719 $ 1,805 $ 1,895 $ 1,990 WWTP Maintenance Worker Monthly $ 3,547 $ 3,724 $ 3,910 $ 4,106 $ 4,311 Annual $ 42,562 $ 44,690 $ 46,925 $ 49,271 $ 51,735
35-G Hourly $ 20.9740 $ 22.0226 $ 23.1236 $ 24.2798 $ 25.4938 Bi-weekly $ 1,678 $ 1,762 $ 1,850 $ 1,942 $ 2,040
Monthly $ 3,636 $ 3,817 $ 4,008 $ 4,209 $ 4,419
Annual $ 43,626 $ 45,807 $ 48,097 $ 50,502 $ 53,027
EXHIBIT "A"
Salary Table
General Services Unit
RANGE POSITION STEP A STEP B STEPC STEPD STEP E
36-G Parks Maintenance Worker II Hourly $ 21.4986 $ 22.5736 $ 23.7024 $ 24.8875 $ 26.1317 WWTP Operator Trainee Bi-weekly $ 1,720 $ 1,806 $ 1,896 $ 1,991 $ 2,091 Monthly $ 3,726 $ 3,913 $ 4,108 $ 4,314 $ 4,530
Annual $ 44,717 $ 46,953 $ 49,301 $ 51,766 $ 54,354
37-G Hourly $ 22.0361 $ 23.1380 $ 24.2947 $ 25.5096 $ 26.7851 Bi-weekly $ 1,763 $ 1,851 $ 1,944 $ 2,041 $ 2,143
Monthly $ 3,820 $ 4,011 $ 4,211 $ 4,422 $ 4,643
Annual $ 45,835 $ 48,127 $ 50,533 $ 53,060 $ 55,713
38-G Maintenance Worker II Hourly $ 22.5870 $ 23.7163 $ 24.9024 $ 26.1476 $ 27.4548 Bi-weekly $ 1,807 $ 1,897 $ 1,992 $ 2,092 $ 2,196
Monthly $ 3,915 $ 4,111 $ 4,316 $ 4,532 $ 4,759
Annual $ 46,981 $ 49,330 $ 51,797 $ 54,387 $ 57,106
39-G Hourly $ 23.1519 $ 24.3096 $ 25.5250 $ 26.8014 $ 28.1413 Bi-weekly $ 1,852 $ 1,945 $ 2,042 $ 2,144 $ 2,251
Monthly $ 4,013 $ 4,214 $ 4,424 $ 4,646 $ 4,878
Annual $ 48,156 $ 50,564 $ 53,092 $ 55,747 $ 58,534
40-G Senior Parks Maintenance Worker Hourly $ 23.7308 $ 24.9173 $ 26.1630 $ 27.4712 $ 28.8447 Water Systems Specialist I Bi-weekly $ 1,898 $ 1,993 $ 2,093 $ 2,198 $ 2,308 WWTP Operator I Monthly $ 4,113 $ 4,319 $ 4,535 $ 4,762 $ 5,000 WWTP Operator-In-Training I Lab Tech Trainee Annual $ 49,360 $ 51,828 $ 54,419 $ 57,140 $ 59,997 41-G Hourly $ 24.3240 $ 25.5404 $ 26.8173 $ 28.1582 $ 29.5659 Bi-weekly $ 1,946 $ 2,043 $ 2,145 $ 2,253 $ 2,365
Monthly $ 4,216 $ 4,427 $ 4,648 $ 4,881 $ 5,125
Annual $ 50,594 $ 53,124 $ 55,780 $ 58,569 $ 61,497
42-G Senior Maintenance Worker Hourly $ 24.9322 $ 26.1788 $ 27.4880 $ 28.8625 $ 30.3058 Sewer Collection System Maintenance Worker Bi-weekly $ 1,995 $ 2,094 $ 2,199 $ 2,309 $ 2,424 Monthly $ 4,322 $ 4,538 $ 4,765 $ 5,003 $ 5,253
Annual $ 51,859 $ 54,452 $ 57,175 $ 60,034 $ 63,036
43-G Hourly $ 25.5553 $ 26.8332 $ 28.1750 $ 29.5837 $ 31.0630 Bi-weekly $ 2,044 $ 2,147 $ 2,254 $ 2,367 $ 2,485
Monthly $ 4,430 $ 4,651 $ 4,884 $ 5,128 $ 5,384
Annual $ 53,155 $ 55,813 $ 58,604 $ 61,534 $ 64,611
EXHIBIT "A"
Salary Table
General Services Unit
RANGE POSITION STEP A STEP 8 STEPC STEP D STEP E
44-G Water Systems Specialist II Hourly $ 26.1942 $ 27.5038 $ 28.8788 $ 30.3226 $ 31.8389 WWTP Operator II Bi-weekly $ 2,096 $ 2,200 $ 2,310 $ 2,426 $ 2,547 WWTP Operator / Lab Tech Monthly $ 4,540 $ 4,767 $ 5,006 $ 5,256 $ 5,519 Annual $ 54,484 $ 57,208 $ 60,068 $ 63,071 $ 66,225
45-G Equipment Mechanic Hourly $ 26.8490 $ 28.1913 $ 29.6010 $ 31.0813 $ 32.6351 Bi-weekly $ 2,148 $ 2,255 $ 2,368 $ 2,487 $ 2,611
Monthly $ 4,654 $ 4,887 $ 5,131 $ 5,387 $ 5,657
Annual $ 55,846 $ 58,638 $ 61,570 $ 64,649 $ 67,881
46-G Environmental Compliance Officer Hourly $ 27.5202 $ 28.8962 $ 30.3409 $ 31.8577 $ 33.4505 Senior Sewer Collection System Maintenance Worker Bi-weekly $ 2,202 $ 2,312 $ 2,427 $ 2,549 $ 2,676 Monthly $ 4,770 $ 5,009 $ 5,259 $ 5,522 $ 5,798
Annual $ 57,242 $ 60,104 $ 63,109 $ 66,264 $ 69,577
47-G Hourly $ 28.2082 $ 29.6188 $ 31.0995 $ 32.6543 $ 34.2870 Bi-weekly $ 2,257 $ 2,370 $ 2,488 $ 2,612 $ 2,743
Monthly $ 4,889 $ 5,134 $ 5,391 $ 5,660 $ 5,943
Annual $ 58,673 $ 61,607 $ 64,687 $ 67,921 $ 71,317
48-G Senior Water System Specialist Hourly $ 28.9135 $ 30.3591 $ 31.8769 $ 33.4707 $ 35.1442 WWTP Operator II/ Lab Technician Bi-weekly $ 2,313 $ 2,429 $ 2,550 $ 2,678 $ 2,812 WWTP Operator Ill Monthly $ 5,012 $ 5,262 $ 5,525 $ 5,802 $ - 6,092 Annual $ 60,140 $ 63,147 $ 66,304 $ 69,619 $ 73,100
49-G Heavy Equipment Mechanic Hourly $ 29.6365 $ 31.1183 $ 32.6740 $ 34.3077 $ 36.0231 Bi-weekly $ 2,371 $ 2,489 $ 2,614 $ 2,745 $ 2,882
Monthly $ 5,137 $ 5,394 $ 5,664 $ 5,947 $ 6,244
Annual $ 61,644 $ 64,726 $ 67,962 $ 71,360 $ 74,928
50-G Senior Environmental Compliance Officer Hourly $ 30.3774 $ 31.8962 $ 33.4909 $ 35.1654 $ 36.9236 Bi-weekly $ 2,430 $ 2,552 $ 2,679 $ 2,813 $ 2,954
Monthly $ 5,265 $ 5,529 $ 5,805 $ 6,095 $ 6,400
Annual $ 63,185 $ 66,344 $ 69,661 $ 73,144 $ 76,801
51 -G Hourly $ 31.1370 $ 32.6938 $ 34.3284 $ 36.0447 $ 37.8471 Bi-weekly $ 2,491 $ 2,616 $ 2,746 $ 2,884 $ 3,028
Monthly $ 5,397 $ 5,667 $ 5,950 $ 6,248 $ 6,560
Annual $ 64,765 $ 68,003 $ 71,403 $ 74,973 $ 78,722
EXHIBIT "A"
Salary Table
General Services Unit
RANGE POSITION STEP A STEP B STEPC STEPD STEP E
52-G Electrician Hourly $ 31.9154 $ 33.5111 $ 35.1865 $ 36.9457 $ 38.7928 Bi-weekly $ 2,553 $ 2,681 $ 2,815 $ 2,956 $ 3,103
Monthly $ 5,532 $ 5,809 $ 6,099 $ 6,404 $ 6,724
Annual $ 66,384 $ 69,703 $ 73,188 $ 76,847 $ 80,689
53-G Hourly $ 32.7135 $ 34.3490 $ 36.0663 $ 37.8697 $ 39.7630 Bi-weekly $ 2,617 $ 2,748 $ 2,885 $ 3,030 $ 3,181
Monthly $ 5,670 $ 5,954 $ 6,252 $ 6,564 $ 6,892
Annual $ 68,044 $ 71,446 $ 75,018 $ 78,769 $ 82,707
54-G Hourly $ 33.5313 $ 35.2077 $ 36.9683 $ 38.8168 $ 40.7577 Bi-weekly $ 2,683 $ 2,817 $ 2,957 $ 3,105 $ 3,261
Monthly $ 5,812 $ 6,103 $ 6,408 $ 6,728 $ 7,065
Annual $ 69,745 $ 73,232 $ 76,894 $ 80,739 $ 84,776
55-G Hourly $ 34.3697 $ 36.0880 $ 37.8923 $ 39.7870 $ 41.7764 Bi-weekly $ 2,750 $ 2,887 $ 3,031 $ 3,183 $ 3,342
Monthly $ 5,957 $ 6,255 $ 6,568 $ 6,896 $ 7,241
Annual $ 71,489 $ 75,063 $ 78,816 $ 82,757 $ 86,895
56-G Electrician II Hourly $ 35.2288 $ 36.9904 $ 38.8399 $ 40.7817 $ 42.8207 Bi-weekly $ 2,818 $ 2,959 $ 3,107 $ 3,263 $ 3,426
Monthly $ 6,106 $ 6,412 $ 6,732 $ 7,069 $ 7,422
Annual $ 73,276 $ 76,940 $ 80,787 $ 84,826 $ 89,067
57-G Hourly $ 36.1096 $ 37.9149 $ 39.8106 $ 41.8010 $ 43.8909 Bi-weekly $ 2,889 $ 3,033 $ 3,185 $ 3,344 $ 3,511
Monthly $ 6,259 $ 6,572 $ 6,901 $ 7,246 $ 7,608
Annual $ 75,108 $ 78,863 $ 82,806 $ 86,946 $ 91,293
58-G Hourly $ 37.0125 $ 38.8630 $ 40.8063 $ 42.8466 $ 44.9889 Bi-weekly $ 2,961 $ 3,109 $ 3,265 $ 3,428 $ 3,599
Monthly $ 6,416 $ 6,736 $ 7,073 $ 7,427 $ 7,798
Annual $ 76,986 $ 80,835 $ 84,877 $ 89,121 $ 93,577
59-G Hourly $ 37.9380 $ 39.8351 $ 41.8269 $ 43.9183 $ 46.1144 Bi-weekly $ 3,035 $ 3,187 $ 3,346 $ 3,513 $ 3,689
Monthly $ 6,576 $ 6,905 $ 7,250 $ 7,613 $ 7,993
Annual $ 78,911 $ 82,857 $ 87,000 $ 91,350 $ 95,918
EXHIBIT "A"
Salary Table
General Services Unit
RANGE POSITION STEP A STEP B STEP C STEP D STEP E
60-G Electrician Ill Hourly $ 38.8865 $ 40.8308 $ 42.8721 $ 45.0159 $ 47.2668 Bi-weekly $ 3,111 $ 3,266 $ 3,430 $ 3,601 $ 3,781
Monthly $ 6,740 $ 7,077 $ 7,431 $ 7,803 $ 8,193
Annual $ 80,884 $ 84,928 $ 89,174 $ 93,633 $ 98,315
EXHIBIT "A"
Salary Table
Part-Time Employees
DEPT POSITION PAY FREQUENCY ~ PAY RANGE ~ SPECIAL TERMS Elected Officials
Council Council member Monthly Stipend $ 500.00
Community Services - Adult Sports Pror:1rams
CSD Adult Sports Field/ Court Monitor Hourly $ 16.50 Range Depending Upon Qualification $ 20.00 CSD Adult Sports Scorekeeper Hourly $ 16.50 Range Depending Upon Qualification $ 20.00 CSD Adult Sports Umpire/ Referees (Paid Per Game) Per Game $ 20.00 Range Depending Upon Qualification $ 45.00 Community Services - Aquatics Programs
CSD Aquatics Lead Guard Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 CSD Aquatics Lifeguard Hourly $ 16.50 Range Depending Upon Qualifications $ 19.00 CSD Aquatics Senior Guard Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 CSD Aquatics Manager Hourly $ 17.00 Range Depending Upon Qualifications $ 22.00 Community Services - Enrichment Programs
CSD Enrichment Recreation Leader Hourly $ 16.50 Range Depending Upon Qualifications $ 22.00 CSD Enrichment Site Coordinator Hourly $ 16.50 Range Depending Upon Qualifications $ 25.00 CSD Program Instructor
Program 70% of Program Revenue ~.e. Tumbling lnslructor, Dance Instructor, etc.) CSD Tiny Tots Recreation Leader Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 CSD Recreation Assistant Hourly $ 16.50 Range Depending Upon Qualification $ 20.00 Community Services - Expanded Learning Programs
CSD Expanded Learning Assistant Site Coordinator Hourly $ 16.50 Range Depending Upon Qualifications $ 26.00 CSD Expanded Learning Program Instructor Hourly $ 20.00 Range Depending Upon Qualifications $ 100.00 CSD Expanded Learning Recreation Leader Hourly $ 16.50 Range Depending Upon Qualifications $ 24.00 Community Services - Preschool Program
CSD Preschool Teacher Hourly $ 16.50 Range Depending Upon Qualifications $ 23.00 CSD Preschool Teachers Aide Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 Community Services - Youth Sports Programs
CSD Youth Sports Field / Court Monitor Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 CSD Youth Sports Scorekeeper Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 CSD Youth Sports Umpire/ Referees (Paid Per Game) Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 Community Services - Other Part-Time Positions
CSD Community Center Event Coordinator Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 CSD River Cashier Hourly $ 16.50 Range Depending Upon Qualifications $ 20.00 EXHIBIT "A"
Salary Table
Part-Time Employees
DEPT POSITION PAY FREQUENCY~ PAY RANGE~ SPECIAL TERMS
Fire Department - Part-Time Positions
Fire Assistant Life Safety/ Code Officer Hourly $ 25.00 Range Depending Upon Qualification $ 30.00 Police Department - Part-Time Reserve Positions
Police Contract Reserve Officer (40 hours per week) Hourly $ 31 .32 Range Depending Upon Qualifications $ 35.00 Police Reserve Officer Hourly $ 25.00 Range Depending Upon Qualifications $ 35.00 Police Reserve Community Service Officer Hourly $ 16.50 Range Depending Upon Qualifications $ 25.00 Police Reserve Dispatcher Hourly $ 25.00 Range Depending Upon Qualification $ 35.00 Part-Time Positions in Multiple Departments
All Dept's Office Assistant Hourly $ 16.50 Range Depending Upon Qualifications $ 23.00 All Dept's Laborer Hourly $ 16.50 Range Depending Upon Qualification $ 23.00 Public Works - Part-Time Positions
Public Works Equipment Operator Hourly $ 17.00 Range Depending Upon Qualification $ 24.00 Public Works Mechanic Assistant Hourly $ 16.50 Range Depending Upon Qualification $ 20.00 Part-Time Retired Annuitants
All Dept's CalPERS Retired Annuitants (TBD by Job Duties) Hourly $ 16.50 Range Depending Upon Qualifications $ 35.00 RESOLUTION NO. 2025-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A SALARY & BENEFIT SCHEDULE FOR UNREPRESENTED EMPLOYEES WHEREAS, Section 36506 of the Government Code of the State of California provides that the City Council shall, by Resolution or Ordinance, fix the compensation for all appointive officers and employees; and WHEREAS, the City Council has heretofore by Resolution established salary and benefit schedules for management, and all other unrepresented employees of the City ("Unrepresented Group").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley as follows:
ARTICLE 1:
SECTION 1:
The Master Salary Table is adopted by separate resolution which includes the salaries and ranges for the Unrepresented Group. The salaries or rates of compensation are fixed on the basis of full-time service and full-time positions, unless otherwise designated.
SECTION 2:
1. Vacation
Beginning on the effective date of this Resolution, employees who have reached the maximum accrued vacation amount of 320 hours shall not accrue additional vacation until the vacation leave accrual falls below the maximum amount.
2. Bilingual Pay
The sum of $80.00 per month shall be paid to those employees who demonstrate their ability to speak a language beneficial to the City business as approved by the City Manager. The sum of $100.00 per month shall be paid to those employees who demonstrate their ability to speak, read and write in a language beneficial to the City business as approved by the City Manager and/or his/her designee.
3. Notary Pay
Employees who are commissioned by the State of California as a Notary Public may receive a
1.0% of base pay incentive if need of their commission is beneficial to City business as approved by the City Manager.
4. Certification/License Pay
Employees who maintain an active status as a Professional Engineer (PE), Certified Public Accountant (CPA) or Certified Public Finance Officer (CPFO) designation may receive a 3.0% of base pay incentive if their certification is beneficial to City business, not required as a minimum qualification of their position, and as approved by the City Manager.
5. Cell Phone Stipend
On approval of the City Manager, employees with duties that require the use of a cell phone may receive a monthly stipend rather than a City-provided device so that a single device may be used for both personal and business purposes. Employees with duties that generally only require use of voice ( call) and text features may receive a $75.00 monthly stipend; whereas employees whose duties also require access to e-mail, calendar and data applications may receive a $150.00 monthly stipend. The stipend will be considered taxable income to the employee. Employees receiving the stipend must comply with all applicable laws pertaining to the Public Records Act.
6. 7.
Safety Boots
On approval of the City Manager, employees whose positions require a majority of their time to be spent working where safety is a concern or direct supervision of employees in the General Services Unit (GSU), may receive a reimbursement for the purchase of safety boots up to the amount as set forth in the current GSU Memorandum of Understanding. Reimbursements are made upon request and shall not occur more than once per fiscal year.
Uniform Allowance
A. Public safety employees covered by this resolution shall receive a uniform allowance of $1,200 per year, payable prospectively in one installment on the first pay period ending in July. A probationary employee shall receive prorated uniform allowance for each full month remaining in the fiscal year after the probationary period ends. If the employee leaves employment prior to June of the following year, the prorated overpayment for the fiscal year will be deducted from the employee's final pay based on the number of months left in the fiscal year.
B. All Life Safety/Code Officer Positions: Annual rate of $1,200 per year, payable prospectively in one installment on the first pay period ending in July. A probationary employee shall receive prorated uniform allowance for each full month remaining in the fiscal year after the probationary period ends. If the employee leaves employment prior to June of the following year, the prorated overpayment for the fiscal year will be deducted from the employee's final pay based on the number of months left in the fiscal year.
8. Vehicle Allowance - Executive Management
9. 10.
A. $600.00 per month in lieu of a take-home City vehicle. Per IRS regulation, the allowance will be considered taxable income to the employee, and is at the discretion of the City Manager.
B. The City Manager and Assistant City Manager shall receive $1,000.00 per month in lieu of a take-home City vehicle. This section shall revise the monthly car allowance amount listed in Section 6. Automobile Allowance in the City Manager Employment Agreement dated August 22, 2011.
Salary & Stipends
Employees shall receive a 3.0% COLA effective July 1, 2025.
Longevity Pay
Employees who have completed service milestones may receive longevity pay based on their cumulative full-time years of service. Longevity pay shall be pensionable and considered base pay for purposes of calculating other employment benefits and special compensation. Benefit tiers shall be as follows:
• Beginning at year 10, 5.0% of base salary
• Beginning at year 15, 7.5% of base salary
• Beginning at year 20, 10% of base salary
11 . Temporary After-Hours Standby Pay
Temporary Standby Pay may be paid to supervisory employees at the amount set forth in the Memorandum of Understanding for the General Services Unit if the number of available qualified personnel to cover an established standby rotation fall below minimum staffing requirements, as determined by the City Manager.
Resolution No. 2025-031 2
SECTION 3: Benefit Schedule for Management Employees
1. Management Groups Designation by Job Title
a. City Manager*
City Manager may receive additional benefits, by contract, which are not specified within this resolution.
b. Assistant City Manager*
c. Executive Management*
Chief of Police
City Clerk/ Executive Assistant to the City Manager
City Engineer (Department Head)
Community Development Director
Community Services Director
Fire Chief
Public Works Director
The Executive Management positions are FLSA Overtime Exempt, at-will department heads appointed by the City Manager and are part of the Unclassified Service as provided in the Personnel Policies and Procedures.
d. Mid-Management*
Accounting Manager
Accountant
Assistant Engineer
Assistant Water System Supervisor
Assistant Wastewater System Supervisor
Fire Battalion Chief
City Building Official
Capital Projects / Airport Manager
City Engineer (Division Head)
City Planner
Facilities Supervisor
Fire Lieutenant
Management Analyst
Police Lieutenant
Public Works Manager
Recreation Coordinator
Recreation Supervisor
Roads and Grounds Supervisor
Senior Accountant
Senior Citizen Coordinator
Senior Human Resources Analyst
Senior Management Analyst
Senior Planner
Water System Supervisor
Wastewater System Supervisor
*The titles above do not reflect filled, vacant or frozen status. Except as otherwise indicated, these positions are FLSA Overtime Exempt positions .
Resolution No. 2025-031 3
2. Benefit Schedule for Management Employees
a. City Manager. Assistant City Manager & Executive Management 1) Leave
a) Administrative - 10 days/fiscal year; cannot be accumulated or carried over from fiscal year-to-year. Administrative Leave for new hires shall be prorated based on full quarters left in the fiscal year. Upon receiving a positive annual performance evaluation, Executive Management staff may receive up to three additional days at City Manager's discretion. At the end of each fiscal year, the value of unused Administrative Leave shall automatically be contributed to an employee's 457(b) plan, if so established. Upon separation, the employee may elect this option. b) Vacation -Accrual of vacation time based upon:
12 days/year for the first two years
13 days/year beginning with the 3rd year
14 days/year beginning with the 4th year
15 days/year beginning with the 5th year
16 days/year beginning with the 6th year
17 days/year beginning with the 7th year
18 days/year beginning with the 8th year
19 days/year beginning with the 9th year
20 days/year beginning with the 10th year
At the City Manager's discretion, vacation accrual for Executive and MidManagement positions may include credit for prior public agency service. c) Vacation Buy-back - The City encourages employees to use earned vacation time. However, circumstances may arise in which an employee does not use accrued vacation time. Employees may have up to eighty (80) hours of accrued vacation time bought back by the City. Employees are limited to two buy-backs per fiscal year, not to exceed 80 hours. To be eligible for vacation buy-back, an employee must have an accrued vacation balance of at least 120 hours after the buy-back. Any employee choosing to participate in this benefit shall provide the City with at least 14 days advance written notice. Upon separation, the value of unused Vacation time may be contributed to an employee's 457(b) plan, if so established. d) Sick - Accrual of sick leave time at the rate of 12 days/year. e) Funeral - Three days paid leave/year as approved by the City Manager. f) Holidays
New Year's Day
Martin Luther King, Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Resolution No. 2025-031 4
Friday after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve (Half-Day, 4 Hours)
Floating Holiday (must be used annually on a fiscal basis by June 30th or lost)
Admission Day Floating Holiday cannot be accumulated or carried over from calendar year-to-year.
Paid holidays falling on a Saturday shall be observed on the preceding Friday. Paid holidays falling on a Sunday shall be observed on the following Monday.
Employees who are approved to work on a paid holiday shall receive an hour-for-hour, or portion thereof, equivalent posted to their floating holiday accrual. All floating holiday accrual balances must be used by June 30th . 2) Health and Welfare
Resolution No. 2025-031
a) Medical - City shall maintain medical coverage and shall pay the average of the two lowest premium plans of the employee and qualified dependent care premiums. The amount of the medical plan premium that exceeds the City's maximum contribution amount shall be the responsibility of the employee to pay through payroll deductions.
b) Dental - City shall provide and maintain current dental coverage and benefits through an authorized provider. City will pay 100% of premium for employees & dependents.
c) Vision - City shall provide and maintain current vision coverage through an authorized provider. City will pay 100% of premium for employees & dependents.
d) Life
e)
f)
g)
h)
i. The City shall maintain a Life Insurance policy that is equal to the employee's annual base salary, as adopted on the Master Salary Table (rounded to the nearest $1 ,000) including applicable Longevity Pay, for an Unrepresented employee whose base salary exceeds $50,000
ii. The City shall maintain a Life Insurance policy that is equal to $50,000 for an Unrepresented employee whose base salary is less than or equal to $50,000
Long-Term Disability - 100% of premium paid by City.
Unemployment - In accordance with State law.
Worker's Compensation - In accordance with State law.
Cash-In-Lieu of Benefits Option
Employees may voluntarily enroll in the Cash-In-Lieu of Benefits program if they have alternative medical, dental, or vision coverage not provided by the City. The program will run from January 1st to 5 b.
December 31st annually. Employees will receive monthly in-lieu payments as taxable income and reflected in withholding contributions on their paycheck. Employees may be eligible to re-enroll in City benefit plans only during the Open Enrollment period or within 30 days of:
Family Unit change due to marriage, birth, or adoption; Loss of other coverage; Court or administrative order; Reemployment after Military service. Cash-in-Lieu amounts will be set at $300.00 per month for medical, $40.00 per month for dental, and $10.00 per month for vision coverage. Employees must re-enroll and show proof of alternative coverage annually.
3) Retirement
a) Social Security - In accordance with Federal law. City shall only pay 100% of the employer contribution. The employee contribution shall be deducted from the employee's paycheck.
b) Cal PERS 'Classic' Members- Employees defined by CalPERS as 'Classic' members shall have a 2.0% @ Age 55 Miscellaneous and 3% @ 55 for Safety group employees tier retirement packages with the California Public Employees Retirement System (CalPERS). 'Classic' members shall pay 100% of the 'employee' member-paid pension contribution rate as a percentage of payroll, as set by CalPERS.
c) Cal PERS PEPRA Members - PEPRA members shall have a 2.0% @ Age 62 miscellaneous tier retirement package with CalPERS, and shall be responsible for payment of their member contribution rate as a percentage of payroll. CalPERS will review the member rate once a year when the actuarial valuation of the City's plan is performed. Should CalPERS revise the member contribution at any time, the City shall comply with law by adjusting contribution rates of new members.
Mid-Management
1) Leave - Same benefits as those listed above for Executive Management, with the exception of:
a) Mid-Management FLSA Exempt Employees - Administrative Leave, five days/fiscal year; cannot be accumulated or carried over from fiscal year-toyear. Administrative Leave for new hires shall be prorated based on full quarters left in the fiscal year. Upon receiving a positive annual performance evaluation, Mid-Management staff may receive up to two additional days at supervisor's recommendation to the City Manager, who shall have final approval authority. At the end of each fiscal year, the value of unused Administrative Leave shall automatically be contributed to an employee's 457(b) plan, if so established. Upon separation, the employee may elect this option.
2) Health and Welfare - Same benefits as those listed above for Executive Management.
3) Retirement - Same benefits as those listed above for Executive Management.
Resolution No. 2025-031 6
SECTION 4: All Other Unrepresented Employees *
1. All Other Unrepresented Employees Designation by Job Title Accounting Technician I
Accounting Technician II
Administrative Assistant
Assistant Planner (FLSA Overtime Exempt)
Associate Planner (FLSA Overtime Exempt)
Building Inspector I
Building Inspector II
Building Permit Technician
CAD Technician
Community Development Technician .
Engineering Assistant
Engineering Technician
Executive Assistant
Facilities Coordinator (FLSA Overtime Exempt)
Human Resources Analyst (FLSA Overtime Exempt)
Human Resources Technician
Life Safety / Code Officer
Management Analyst (FLSA Overlime Exempt)
Recreation Site Lead
Senior Building Inspector
Senior Engineering Assistant (FLSA Overtime Exempt)
Senior Life Safety / Code Officer
Staff Assistant
*These positions are FLSA Overtime Non-Exempt positions unless specifically designated as FLSA Overtime Exempt.
2. Benefit Schedule for All Other Unrepresented Employees a. Leave - Same benefits as those listed above for Executive Management, except as follows:
1) All Other Unrepresented Employees (FLSA Overtime Exempt) - Administrative Leave, 5 days/fiscal year; cannot be accumulated or carried over from fiscal year-to-year. Administrative Leave for new hires shall be prorated based on full quarters left in the fiscal year. Unrepresented employees in this category, upon receiving a positive annual performance evaluation, may receive up to one additional day of Administrative Leave at supervisor's recommendation to the City Manager, who shall have final approval authority. At the end of each fiscal year, the value of unused Administrative Leave shall automatically be contributed to an employee's 457(b) plan, if so established. Upon separation, the employee may elect this option.
2) All Other Unrepresented Employees (FLSA Overtime Non-Exempt) - No Administrative Leave, except that upon receiving a positive annual performance evaluation, employees in this category may receive up to one day of Administrative Leave at supervisor's recommendation to the City Manager, who shall have final approval authority. At the end of each fiscal year, the value of unused Administrative Leave shall automatically be contributed to an employee's Resolution No. 2025-031 7
457(b) plan, if so established. Upon separation, the employee may elect this option.
3) All Other Unrepresented Employees (FLSA Overtime Non-Exempt) - Accrual of Comp Time, capped at 80 hours, or Overtime pay at 1.5 times the hourly rate for time worked in excess of a 40-hour workweek.
b. Health and Welfare - Same benefits as those listed above for Executive Management. c. Retirement - Same benefits as those listed above for Executive Management.
ARTICLE 2: The salary and benefits outlined herein shall remain in effect beginning July 1st unless modified or repealed by resolution. All prior resolutions concerning compensation or benefits for the Unrepresented Group which are in conflict herewith are hereby repealed.
This foregoing Resolution was duly passed, approved, and adopted this 10th day of June, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Resolution No. 2025-031 8
RESOLUTION NO. 2025-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REEDLEY ESTABLISHING A REVISED COMPENSATION
SCHEDULE FOR THE VOLUNTEER FIRE DEPARTMENT
WHEREAS, the City Council is authorized to establish and fix compensation for volunteers who provide a public service to the City and its residents; and WHEREAS, the members of the Reedley Volunteer Fire Department are not employees of the City and volunteer their time to respond to emergencies and calls for service, and attend and participate in ongoing professional training in order to be proficient in fire suppression, prevention, rescue and all other facets of emergency response with the highest measure of safety.
ARTICLE 1: The following Compensation Schedule is hereby established for the members of the Reedley Volunteer Fire Department. The rates of compensation are fixed on the basis of volunteer service consistent with performance, attendance guidelines, and the standards and regulations of the Reedley Volunteer Fire Department unless otherwise designated.
POSITION EMERGENCY CALLS, AUTHORIZED AUTHORIZED COVERAGE
ROUTINE TRAINING & ENGINE COMPANY OVERNIGHT STAY
MEETINGS SPECIALIZED
"PER CALL" TRAININGS
COMPENSATION
Firefighter $25.00 $70.00 $70.00
Engineer $30.00 $70.00 $70.00
Lieutenant $32.50 $70.00 $70.00
Captain $35.00 $70.00 $70.00
POSITION AUTHORIZED SHIFT AUTHORIZED TRAINING
COVERAGE SPECIALIZED INSTRUCTOR RATE
TRAINING
Firefighter $125.00 $140.00 $200.00
Engineer $125.00 $140.00 $200.00
Lieutenant $125.00 $140.00 $200.00
Captain $125.00 $140.00 $200.00
ARTICLE 2: This Resolution is not intended to and shall not convey any other compensation rights or benefits to paid-call-firefighter volunteers, and shall not be construed as to establish employee status to paid-call-firefighter volunteers of the Reedley Volunteer Fire Department.
ARTICLE 3: All prior resolutions establishing or fixing compensation for members of the Reedley Volunteer Fire Department are hereby repealed, including, without limitation, Resolutions No. 2005-003 , 2014-023, 2022-035 and 2024-045.
This Resolution No. 2025-037 was duly passed, approved and adopted by the City Council of the City of Reedley on the 10th day of June, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
SAAS AND SERVICES AGREEMENT
This SAAS and Services Agreement, including all documents referenced and incorporated below and the Order Form which by this reference is incorporated herein ( collectively, this "Agreement"), dated as of June 30th, 2025 (the "Effective Date"), is by and between City Base, Inc. (referred to as "Licensor" or "EUNA," as part of the EUNA brand) and the CITY OF REEDLEY, CA ("Customer"). EUNA and Customer are sometimes individually referred to as a "Party" and collectively referred to as the "Parties." The Parties agree as follows:
1. Definitions.
a. "Aggregated Statistics" means data and information related to Customer's use of the SAAS Offering that is used by EUNA in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the SAAS Offering. b. "Authorized User" means Customer's employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the SAAS Offering under the rights granted to Customer pursuant to this Agreement and the applicable Order Form, and (ii) for whom access to the SAAS Offering has been purchased hereunder.
c. "Confidential Information" means any inf01mation relating to a Disclosing Party (as defined in Section 9), its business, technology, suppliers, licensors, resellers, distributors, customers, and third parties to whom the Disclosing Party has an obligation of confidentiality, whether in tangible or intangible form, which is either marked or designated as "confidential" or "proprietary," or disclosed under circumstances indicating its confidential or proprietary nature, or otherwise would be known to be confidential or proprietary by a reasonable person.
d. "Customer Data" means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the SAAS Offering or Professional Services, as applicable. e. "Deliverable" means all documents, work product and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the EUNA in the course of performing the Professional Services or providing the SAAS Offering, including any items identified as such in the applicable Order Form.
f. "Documentation" means the applicable trammg, informational or support videos and documentation relating to (i) the use of and access to the SAAS Offering and (ii) any enor corrections, bug fixes, enhancements, improvements, new releases, maintenance releases and updates thereto, provided by EUNA to Customer in any format.
g. "Fees" means the fees set forth in the applicable Order Form. h. "Intellectual Property Rights" (i) all United States and foreign patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto; (ii) all moral rights and copyrights in any work of authorship or other work recognized by applicable Law, including all copyright registrations issued by the United States Register of Copyrights and applications therefor, together with any renewal or extension thereof, or by similar authority in any other jurisdiction, and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, domain names, trade names and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectible under any Laws or international conventions throughout the world, and in each case including the right to apply for registrations, certificates, or renewals with respect thereto and the right to prosecute, enforce, obtain damages relating to, settle or release any past, present, or future infringement or misappropriation thereof. i. "Law" means all applicable laws (including those arising under common law), statutes, codes, rnles, regulations, reporting or licensing requirements, ordinances and other pronouncements having the effect of law in the United States, any foreign country or any domestic or foreign state, county, city or other political subdivision, including those promulgated, interpreted or enforced by any governmental or regulatory authority.
J. "Order Form" means the order form between the Parties that incorporates this Agreement. k. "Public Facing Software" means a portion of the Software made available by the Customer to members of the general public.
1. "SAAS IP" means the SAAS Offering and the Documentation. For the avoidance of doubt, SAAS IP includes proprietary data strnctures, database schemas, metadata, Aggregated Statistics and any information, data, or other content derived from EUNA's monitoring of Customer's access to or use of the SAAS IP but does not include Customer Data.
m. "SAAS Offering" means the software-as-a-service offering, including any integrated platform offering, as set out in the applicable Order Form. n. "Professional Services" means the services set out in the applicable Order Form and any associated statement of work attached or referenced in the Order Form ("Statement of Work"), if applicable.
o. "Term" has the meaning set forth in Section 1 0.a.
p. "Third-Party Products" means any third-party products described in the applicable Order Form provided with or incorporated into the SAAS Offering.
2. Services.
a. Payment Processing. The Parties hereby acknowledge and agree to the payment processing terms and conditions set forth in Exhibit B, which are incorporated herein by reference. b. Professional Services. Subject to and conditioned on Customer's payment of Fees and compliance with all other terms and conditions of this Agreement, EUNA shall provide to Customer the Professional Services in accordance with the applicable Statement of Work.
3. Software Subscription.
a. Provision of Access. Subject to and conditioned on Customer's payment of Fees and compliance with all other terms and conditions of this Agreement, EUNA hereby grants Customer a nonexclusive, non-sub licensable, non-transferable ( except in compliance with Section 22) right to access and use the SAAS Offering during the Tenn, solely for use by Authorized Users in accordance with the te1ms and conditions herein. Such use is limited to Customer's internal use. EUNA shall provide to Customer the necessary information to allow Customer to access the SAAS Offering. The total number of Authorized Users will not exceed the number set forth in the applicable Order Form, except as expressly agreed to in writing by the Parties and subject to any appropriate adjustment of the Fees payable hereunder.
b. Public Facing Software. Notwithstanding the definition of Authorized Users, Customer is permitted to provide access to its constituents that are solely utilizing public facing functionalities of the SAAS Offering that do not otherwise require a specific license from EUNA. c. Documentation License. Subject to and conditioned on Customer's payment of Fees and compliance with the terms and conditions of this Agreement, EUNA hereby grants to Customer a nonexclusive, non-sub licensable, non-transferable ( except in compliance with Section 22) license to use the Documentation during the Term solely for Customer's internal business purposes in connection with its use of the SAAS Offering.
d. Optional Features. EUNA shall provide all extensions, enhancements, and other changes, which are logical improvements to the SAAS Offering and to which EUNA makes generally available on a commercial basis, without charge, to other licensees of the EUNA SAAS Offering. Updates do not include any new software products that are then made generally available on a commercial basis as separate, price-listed options or additions to the SAAS Offering nor do they include any Professional Services that may be required for implementation.
e. Use Restrictions. Customer shall not use the SAAS Offering for any purposes beyond the scope of the access granted in this Agreement or the applicable Order Form. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the SAAS Offering or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the SAAS Offering or Documentation to a third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the SAAS Offering, in whole or in part; (iv) remove any proprietary notices from the SAAS Offering or Documentation; or (v) use the SAAS Offering or Documentation in any manner or for any purpose that causes such SAAS Offering or Documentation to infringe, misappropriate, or otherwise violate any Intellectual Property Right or other right of any person, or that violates any applicable Law. f. Suspension. Notwithstanding anything to the contrary in this Agreement, EUNA may temporarily suspend Customer's and any Authorized User's access to any portion or all of the SAAS Offering if: (i) EUNA reasonably determines that (A) there is a threat or attack on any of the SAAS IP; (B) Customer's or any Authorized User's use of the SAAS IP disrupts or poses a security risk to the SAAS IP or to any other customer or vendor of EUNA; (C) Customer or any Authorized User is using the SAAS IP for fraudulent or illegal activities; (D) subject to applicable Law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) EUNA's provision of the SAAS Offering to Customer or any Authorized User is prohibited by applicable Law; (ii) any vendor of EUNA has suspended or terminated EUNA's access to or use of any third-party services or products required to enable Customer to access or use the SAAS Offering each a ("Service Suspension"). EUNA shall use commercially reasonable efforts to resume providing access to the SAAS Offering as soon as reasonably possible after the event giving rise to the Service Suspension is investigated, contained, remediated, and cured. EUNA will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension. g. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, EUNA may monitor Customer's use of the SAAS Offering and collect and compile Aggregated Statistics. As between EUNA and Customer, all right, title, and interest in Aggregated Statistics, and all Intellectual Property Rights therein, belong to and are retained solely by EUNA. Customer acknowledges that EUNA may compile Aggregated Statistics based on Customer Data input into the SAAS Offering. Customer agrees that EUNA may (i) make Aggregated Statistics publicly available in compliance with applicable Law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable Law.
EUNA agrees to process Customer Data available in accordance with EUNA's privacy policy which is available upon request and online at https:/ /eunasolutions.corn/privacy-policy/. EUNA may update its privacy policy from time to time and such updated privacy policy will be effective and applicable upon posting.
4. Customer Obligations.
a. For Professional Services. In connection with the Professional Services, Customer shall:
(i) cooperate with EUNA in its performance of the Professional Services and provide access to Customer's premises, employees, contractors, and equipment as required to enable EUNA to provide the Professional Services;
(ii) provide Cooperation, as defined herein, and perform Customer facing milestones and Customer deliverables necessary to enable EUNA to continue to perform under the Order Form and Statement of Work; and
(iii) take all steps necessary, including obtaining any required licenses or consents, to prevent Customer-caused delays in EUN A's provision of the Professional Services. b. For the SAAS Offering. In connection with the SAAS Offering:
(i) Customer agrees to be responsible and liable for all uses of the SAAS Offering and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer agrees to be responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions as applicable to such Authorized User's use of the SAAS Offering and shall cause Authorized Users to comply with such provisions. (ii) EUNA may from time to time make Third-Party Products available to Customer. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions and the applicable flow-through provisions.
(iii) EUNA will use commercially reasonable efforts to implement the SAAS Offering.
Customer acknowledges and agrees that Customer's timely provision of (and EUNA's access to) Customer's assistance, cooperation, and complete and accurate feedback, approvals, information, and data from Customer's officers, agents and employees as is reasonably requested by EUNA ( collectively, "Cooperation") is essential to the implementation and operation of the SAAS Offering, and that EUNA shall not be liable for any deficiency, delay or failure in implementing or operating the SAAS Offering if such deficiency, delay or failure results from Customer's failure to provide full Cooperation as required hereunder. Cooperation will include designating a project manager to interface with EUNA during the course of EUNA's implementation or provision of the SAAS Offering. If Customer repeatedly fails to provide Cooperation, EUNA may terminate this Agreement in accordance with Section l0(b)(ii).
5. Fees and Expenses.
a. Fees. Except for Fees that Customer has successfully disputed, Customer shall pay the Fees without offset or deduction. Unless otherwise provided in the applicable Order Form, Customer shall pay the Fees in US dollars within thirty (30) days from the date of the applicable invoice. If Customer fails to make any payment when due, without limiting EUNA's other rights and remedies: (i) EUNA may charge interest on the past due amount at the rate of 1 % per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable Law; (ii) if such failure continues for thirty (30) days or more, and in addition to all other remedies available under this Agreement or at law (which EUNA does not waive by the exercise of any rights hereunder), EUNA may suspend Customer's and its Authorized Users' access to any portion or all of the Professional Services and the SAAS Offering until such amounts are paid in full.
b. Taxes. Fees do not include any taxes. Customer is exempt by Law from payment of State and local sales tax and federal excise tax. In the event that taxes are assessed by any governmental body on any Deliverable provided under this Agreement, in which Customer is not exempted from paying, EUNA shall have the option to terminate the Agreement in lieu of assessment of the taxes against EUNA, provided however that Customer shall have the option to pay EUNA all such tax amounts which have been properly invoiced, at Customer's discretion, to avoid termination of this Agreement. Customer shall provide EUNA with a valid tax exemption certificate upon request.
6. Service Levels and Support.
a. Service Levels. Subject to and conditioned upon Customer's payment of Fees and compliance with the terms and conditions of this Agreement, EUNA will use commercially reasonable efforts to make the SAAS Offering available in accordance with the service levels set out in the provided service level documentation attached to this Agreement or as posted from time to time at on Elma's website (the "Service Level Policy").
b. Support. Subject to and conditioned upon Customer's payment of Fees and compliance with the terms and conditions of this Agreement, EUNA will use commercially reasonable efforts to provide the support services described in the support services documentation attached to this Agreement or as posted from time to time at on Euna's website (the "Support Services Policy"). c. Updates. EUNA reserves the right to modify the Service Level Policy and Support Services Policy from time to time effective immediately by posting an updated policy at the links referenced above. EUNA's support obligations extend solely to Customer's designated support contacts. Customer acknowledges and agrees that, as between Customer and EUNA, Customer shall be solely responsible to provide any and all support to all other third parties. Unless otherwise stated in the Service Level Policy, EUNA shall not have any obligation to provide support services to any third parties.
7. Representations, Limited Warranties, and Disclaimer. a. Representations. Each Party hereby represents and warrants that: (i) it has the full corporate right, power and authority to enter into this Agreement and to perform the acts required hereunder; and (ii) the execution of this Agreement by such Party, and the performance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is bound or any obligation of such Party.
b. Warranties for Professional Services. EUNA warrants that it will perform the Professional Services:
(i) in accordance with the terms and subject to the conditions set out in the respective Statement of Work or Order Form and this Agreement;
(ii) using personnel of commercially reasonable skill, experience, and qualifications; and (iii) in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.
c. Warranties for the SAAS Offering. EUNA warrants that during the Term, the SAAS Offering will conform in all material respects to the Documentation when accessed and used in accordance with the Documentation. EUNA does not make any warranties, representations or guarantees regarding uptime or availability of the SAAS Offering except to the extent specifically included in the applicable Service Level Policy .. THE FOREGOING WARRANTIES, REPRESENTATIONS AND GUARANTEES DO
NOT APPLY AND EUNA STRICTLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS
AND GUARANTEES WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR ANY FAILURE IN PERFORMANCE CAUSED BY THIRD-PARTY PRODUCTS.
d. Remedies. EUNA's sole and exclusive liability and Customer's sole and exclusive remedy for breach of the warranties, representations and guarantees in this Agreement shall be as follows:
(i) EUNA shall use reasonable commercial efforts to promptly cure any such breach; provided, that if EUNA cannot cure such breach within sixty (60) days after Customer's written notice of such breach, Customer may, at its option, terminate this Agreement by serving written notice of termination.
(ii) For Professional Services, Customer's remedy for breach of the foregoing warranties, representations and guarantees shall be the re-performance of the relevant Professional Services free of charge to the extent the breach was caused solely by EUNA. The foregoing remedy shall not be available unless Customer provides written notice of such breach (which notice reasonably describes the breach and the deficiencies identified by Customer) within thirty (30) days after delivery of such Professional Service or Deliverable to Customer.
(iii) For any such breach involving a failure to meet the commitments in the Service Level Policy, EUNA's sole obligation and Customer's exclusive remedy shall be for EUNA to perform the remedies set forth in the Service Level Policy.
e. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN
THIS SECTION OF THE AGREEMENT, THE PROFESSIONAL SERVICES, DELIVERABLES, SAAS OFFERING AND EUNA IP ARE PROVIDED "AS IS" AND EUNA HEREBY DISCLAIMS
ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EUNA SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN
THIS SECTION, EUNA MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE OF
ANY KIND THAT THE PROFESSIONAL SERVICES, DELIVERABLES, EUNA IP, OR ANY
PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S, AN
AUTHORIZED USER'S, OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT
INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH
ANY SOFTWARE, SYSTEM, OR OTHER PROFESSIONAL, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
8. Intellectual Property.
a. Deliverables. All Intellectual Property Rights in and to the Deliverables except for any Confidential Information of Customer shall be owned by EUNA. If any derivative work is created by Customer from the SaaS Offering EUNA shall own all right, title and interest in and to such derivative work.
b. SAAS IP and Documentation. Customer acknowledges that, as between Customer and EUNA, EUNA owns all right, title, and interest, including all Intellechial Property Rights, in and to the SAAS IP and Documentation and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all Intellechial Property Rights, in and to the ThirdParty Products. c. Customer Data. EUNA aclmowledges that, as between EUNA and Customer, Customer either (i) owns all right, title, and interest, including all Intellectual Property Rights, in and to the Customer Data, or (ii) has a valid license with the right to sublicense the Customer Data to EUNA as provided herein. Customer hereby grants to EUNA a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for EUNA to provide the SAAS Offering to Customer, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics. Customer represents, warrants and agrees that: (A) it will comply with applicable Law, including the Laws of the territories and jurisdictions from which any Customer Data is obtained or pertains, in collecting, using, disclosing, transmitting and in soliciting the transmission of Customer Data into or with the SAAS Offering as contemplated under this Agreement; (B) prior to transmitting ( or soliciting the transmission of) any Customer Data to EUNA through the SAAS Offering, Customer shall have all applicable consents and approvals required for the transmission of such Customer Data to EUNA; and (C) EUNA's use, storage, disclosure and other processing of Customer Data in accordance with this Agreement or Customer's instructions or direction will not cause EUNA or any of its vendors to violate any applicable Law or infringe the rights of any individual or third party. d. Passwords. Customer is responsible for the confidentiality and use of its passwords, other credentials, and account, and in no event shall EUNA be liable for any loss of information of Customer or other claims arising from unauthorized access to the SAAS Offering as a result of the failure by Customer to protect the confidentiality of its passwords, other credentials or account. e. Prohibited Information. Except as necessary to utilize the SAAS Offering, Customer shall not transmit, disclose or otherwise provide ( or cause or allow to be transmitted or provided to EUNA): (i) health information, medical information, health insurance card information, policy identification numbers, or any other information that would cause EUNA to be classified as a "business associate" under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIP AA") or similar designation under other Laws, (ii) information that causes ENUA to be subject to any Laws beyond those Laws generally applicable to all cloud service providers, (iii) security passwords or credentials, and/or (iv) data revealing race, ethnicity, political opinions, religion, sexual orientation, philosophical beliefs or trade union membership or any other information identified under applicable Law as "sensitive information," "private information," or like designation (collectively, "Prohibited Information"). If Customer transmits or provides to EUNA any Prohibited Infonnation, Customer shall indemnify and hold EUNA harmless from and against any claims and liability arising from the transmission to EUNA of any Prohibited Information or any processing of such information by EUNA, and EUNA shall have no liability or obligation whatsoever with respect to such Prohibited Information or Customer Data provided to EUNA.
f. Feedback. If Customer or any of its employees or contractors provides, sends or transmits any communications or materials to EUNA by mail, email, telephone, or otherwise, suggesting or recommending changes to the SAAS Offering, Documentation, Software, Professional Services, or any of EUNA's Intellectual Property Rights, including without limitation, the SAAS IP and new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), EUNA is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns and agrees to assign to EUNA, and will cause its employees, contractors and/or agents to assign to EUNA, all right, title, and interest in and to the Feedback, including all Intellectual Property Rights in the Feedback, to EUNA without further consideration. EUNA is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although EUNA is not required to use any Feedback. g. Reservation of Rights. EUNA reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any Intellectual Property Rights or other right, title, or interest in or to the Professional Services or SAAS IP.
9. Confidentiality.
a. Generally. From time to time during the Term, either Party (as the "Disclosing Party") may disclose or make available to the other Party (as the "Receiving Party") Confidential Information.
Confidential Information shall at all times remain the property of the Disclosing Party. The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party protects its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (B) not use the Disclosing Paiiy's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (C) except as permitted in this Agreement, not disclose any such Confidential Information to any person or entity, except to the Receiving Party's representatives (including EUNA's affiliates and third party service providers) who need to know the Confidential Information to assist the Receiving Party, act on its behalf, or to exercise its rights or perform its obligations under this Agreement. The obligations in this section do not apply to Confidential Infmmation that: (i) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this Section; (ii) is or becomes available to the Receiving Party on a nonconfidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (iv) was or is independently developed by the Receiving Party without using any Confidential Information of the Disclosing Party. b. Permitted Disclosures. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required to establish a Party's rights under this Agreement, including to make required comi filings. If a Receiving Party is faced with judicial or governmental action to disclose Confidential Information of the Disclosing Party, the Receiving Party must, if legally permissible, notify the Disclosing Party forthwith and, at the Disclosing Paiiy's request, provide reasonable assistance in opposing such action at the Disclosing Party's cost and expense. c. Destruction. On the expiration or termination of the Agreement, the Receiving Party shall promptly destroy all copies of the Disclosing Party's Confidential Information in its possession or control and upon request certify in writing to the Disclosing Party that such Confidential Information has been destroyed, provided, however, that a Receiving Party may retain Confidential Information relevant to any pending or threatened litigation or governmental investigation and EUNA may retain Customer's Confidential Information in accordance with its information retention policies and Section 15.a, below. d. Irreparable Harm. Each Party acknowledges that Confidential Information may constitute unique, valuable, proprietary and trade secret information of the Disclosing Party, and that unauthorized disclosure thereof by the Receiving Party may cause irreparable injury to the Disclosing Party.
Accordingly, each Party acknowledges and agrees that monetary damages may not be adequate in the event of a default of this Article 9 and, therefore, that the Disclosing Party may be entitled to injunctive or other affirmative relief, without such constituting an election of remedies, and that the Disclosing Party will not be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any remedy referred to in this Article 9, and each Party irrevocably waives any right it may have to require the obtaining, furnishing or posting of any such bond or similar instrument. e. Duration.:. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years from the date first disclosed to the Receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable Law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable Law.
10. Term, Termination, and Survival.
a. Term. The term of this Agreement (the "Term") commences on the Effective Date of this Agreement and will continue in effect for as long as there is an outstanding Order Form in place. Each Order Form will continue for the applicable term listed in such Order Form until terminated by either Party in accordance with this Agreement. The termination or expiration of an Order Form will not affect or otherwise terminate this Agreement or any other Order Form covering other products or services in effect at such time.
b. User Subscriptions. All user subscriptions in an Order Form shall automatically renew for additional one-year at the end of the then current subscription term listed on the Order Form, unless the Customer gives the other notice of non-renewal at least thirty (30) days before the end of the relevant subscription term. The per-unit pricing during any such renewal term of the subscription shall be the same as that during the prior term unless EUNA gives written notice of a pricing increase at least thirty (30) days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.
c. Termination for Convenience. Customer may terminate this Agreement without cause by g1vmg sixty (60) days advance written notice to EUNA of its election to terminate this Agreement pursuant to this provision. In the event of such termination, Customer agrees to pay a "SaaS Recovery Amount" equivalent to 50% of the subscription fees for the remainder of the initial term of the Order Form.
d. Tennination for Cause. In addition to any other express termination right set forth in this Agreement:
(i) either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach; or
(ii) either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
e. Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, EUNA will immediately cease providing any Professional Services and Customer shall immediately discontinue use of the SAAS Offering. No expiration or termination will affect Customer's obligation to pay all Fees that may have become due before such expiration or termination or entitle Customer to any refund.
f. Non-Appropriation. In the event Customer is not granted an appropriation of funds at any time during the Term and the non-appropriation did not result from an act or omission by Customer, Customer shall have the right to terminate this Agreement on the last day of the fiscal period for which appropriations were received without penalty or expense to Customer, except as to the portion of the payments for which fund shall have been appropriated and budgeted. At least ninety (90) days prior to the end of Customer's fiscal period, Customer shall certify in writing that ( 1) funds have not been appropriated for the next fiscal period, (b) such non-appropriation did not result from any act or failure to act by Customer; and ( c) Customer has exhausted all funds legally available to pay EUNA. If Customer terminates this Agreement because of non-appropriation of funds, Customer may not purchase or lease during the subsequent fiscal period, software and/or service performing the same function as, or functions taking the place of those performed by the software and/or service provided by EUNA; however, that these restrictions shall not be applicable if or to the extent that the application of these restrictions would affect the validity of this Agreement.
g. Survival. Sections 3.g, 4, 5, 7, 8, 9, 10, 11, 12, and 14-34 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.
11 . Indemnification.
a. EUNA Indemnification.
(i) EUNA SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CUSTOMER
FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS ' FEES) ("LOSSES") INCURRED BY CUSTOMER RESULTING FROM ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ("THIRD-PARTY CLAIM") THAT THE SAAS OFFERING OR PROFESSIONAL SERVICES, OR ANY USE OF THE
SAAS OFFERING OR PROFESSIONAL SERVICES IN ACCORDANCE WITH THIS AGREEMENT,
INFRINGES OR MISAPPROPRIATES SUCH THIRD PARTY' S INTELLECTUAL PROPERTY
RIGHTS, PROVIDED THAT CUSTOMER PROMPTLY NOTIFIES EUNA IN WRITING OF SUCH
THIRD-PARTY CLAIM, COOPERATES WITH EUNA, AND ALLOWS EUNA SOLE AUTHORITY TO CONTROL THE DEFENSE AND SETTLEMENT OF SUCH THIRD-PARTY CLAIM. (ii) If a Third-Party Claim is made or appears possible, Customer agrees to permit EUNA, at EUNA's sole discretion, to (A) modify or replace the SAAS Offering or Professional Services or component or part thereof, to make it non-infringing, (B) obtain the right for Customer to continue use, or (C) terminate the license for the SAAS Offering and Professional Services and provide a pro rata refund to Customer. If EUNA determines that none of these alternatives is reasonably available, EUNA may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer.
(iii) This Section will not apply to the extent that the alleged infringement arises from: (A) use of the SAAS Offering or Professional Services in combination with data, software, hardware, equipment, or technology not provided by EUNA or authorized by EUNA in writing; (B) modifications to the SAAS Offering or Professional Services not made by EUNA; or (C) Customer Data; or (D) ThirdParty Products. b. Customer Indemnification. CUSTOMER SHALL INDEMNIFY, HOLD HARMLESS, AND,
AT EUNA'S OPTION, DEFEND EUNA AND ITS AFFILIATES, AND THEIR RESPECTIVE
INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "EUNA GROUP") FROM AND AGAINST ANY LOSSES RESULTING FROM ANY THIRD-PARTY
CLAIM (I) THAT THE CUSTOMER DATA, OR ANY USE OF THE CUSTOMER DATA IN
ACCORDANCE WITH THIS AGREEMENT, INFRINGES, VIOLATES OR MISAPPROPRIATES
SUCH THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS OR ANY LAW, OR (II) BASED
ON CUSTOMER'S OR ANY AUTHORIZED USER'S (A) NEGLIGENCE OR WILLFUL MISCONDUCT; (B) USE OF THE SERVICES OR SAAS OFFERING IN A MANNER NOT AUTHORIZED BY THIS AGREEMENT; (C) USE OF THE SERVICES OR SAAS OFFERING IN
COMBINATION WITH DATA, SOFTWARE, HARDWARE, EQUIPMENT, OR TECHNOLOGY NOT PROVIDED BY EUNA OR AUTHORIZED BY EUNA IN WRITING; OR (D)
MODIFICATIONS TO THE PROFESSIONAL SERVICES OR SAAS OFFERING NOT MADE BY
EUNA, PROVIDED THAT CUSTOMER MAY NOT SETTLE ANY THIRD-PARTY CLAIM
AGAINST ANY OF THE EUNA GROUP UNLESS EUNA CONSENTS TO SUCH SETTLEMENT,
AND FURTHER PROVIDED THAT EUNA WILL HAVE THE RIGHT, AT ITS OPTION, TO
DEFEND THE EUNA GROUP AGAINST ANY SUCH THIRD-PARTY CLAIM OR TO PARTICIPATE IN THE DEFENSE THEREOF BY COUNSEL OF ITS OWN CHOICE. c. Sole Remedy. THIS SECTION SETS FORTH CUSTOMER'S SOLE REMEDIES AND
EDNA'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR
ALLEGED CLAIMS THAT THE PROFESSIONAL SERVICES OR SAAS OFFERING INFRINGES,
MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
12. Limitation of Liability.
a. IN NO EVENT SHALL EUNA BE LIABLE TO CUSTOMER OR TO ANY THIRD
PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION
IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH
DAMAGE WAS FORESEEABLE AND WHETHER OR NOT EUNA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
b. IN NO EVENT SHALL EUNAS AGGREGATE LIABILITY ARISING OUT OF OR
RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE
AMOUNTS PAID OR PAY ABLE TO EUNA PURSUANT TO THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
ADDITIONALLY, IN NO EVENT WILL EUNA BE LIABLE FOR ANY CLAIM BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR REASONABLY SHOULD HA VE BEEN DISCOVERED.
c. UNDER NO CIRCUMSTANCES SHALL EUNA HAVE ANY LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY OF ANY CUSTOMER DATA THAT IS INPUTTED INTO THE SAAS OFFERING.
13. Press Release. The Parties may issue a joint press release announcing the launch of the SAAS Offering and Customer's use thereof. Such press releases shall be subject to Customer's approval.
Additionally, during the Term, EUNA may list Customer as a customer of EUNA, and Customer grants EUNA a non-exclusive, royalty-free, worldwide license to use any trademarks, service marks, or trade names of Customer in order to display such marks on EUNA's website and marketing materials.
14. Infonnation Security. Each Party will maintain reasonable administrative, technical and physical safeguards which are consistent with industry standards to protect the security, confidentiality and integrity of, and to protect against threats or hazards to the integrity of, and the unlawful, intentional, unauthorized or accidental destruction, loss, alteration, theft, misappropriation, disclosure, access or use of the other Party's Confidential Information, Intellectual Property, and, (i) in the case of EUNA, the Customer Data, and (ii) in the case of Customer, the SAAS IP. 15 . Export of Data.
a. Customer Data. Upon te1mination, cancellation, expiration, or other conclusion of this Agreement, Customer may request that EUNA remove Customer Data from EUNA's production systems.
Customer acknowledges that as part of a commercially reasonable backup strategy, EUNA does maintain long term archival backups that may continue to contain Customer Data after termination of this Agreement. EUNA agrees not to utilize such archival backups for the specific purpose of accessing Customer Data after termination of this Agreement, unless specifically authorized to do so by Customer. b. Data Extraction. During the Term of this Agreement, Customer may utilize the standard functionality of the SAAS Offering for its intended purpose, including the ability to download data and copies of documents loaded into or generated by the SAAS Offering. Customer shall have the right to retain a copy of all downloaded documents .. During the Term of and within thirty (30) days following termination of this Agreement, Customer may request EUNA to provide consulting services to Customer in order to perform a custom extract of Customer data from the SAAS Offering. EUNA will provide the requested consulting services for an hourly rate set forth in the Order Form or Statement of Work.
Custom data extracts will be provided electronically in a text delimited flat file format ( or other mutually acceptable format) and will be scrubbed of all EUNA proprietary data structures. Customer and EUNA will work together to determine a list of the specific data elements to be provided, at which point EUNA will provide an estimate of the time required to extract the data. Once the estimate has been provided, if Customer wishes EUNA to proceed with the data extract, Customer will make a mobilization payment of fifty percent (50%) of the estimated amount to EUNA. After receipt of this payment, EUNA will then have thirty (30) days to deliver the data extracts to Customer. Customer shall have thirty (30) days upon receipt of the data to review for acceptance. Upon acceptance, EUNA will provide Customer with a final accounting of hours and Customer shall be responsible for payment of the additional consulting fees.
16. Authorized Reseller Status; Option to Purchase Affiliate Products. GTY Technology Holdings Inc. dba Euna Solutions ("Euna") is the parent company to multiple other SaaS companies (such subsidiaries, "Affiliates"). These products and services may vary during the Term, but generally include, but are not limited to, software-as-a-service technology for the procurement and vendor supplier sourcing industry, digital services and payment technology through a software-as-a-service platform, software solutions for grants management and indirect cost reimbursement and related implementation and consulting services, software tools to streamline permitting and licensing services, and additional webbased budgeting preparation, performance, management and data visualization solutions ("Affiliate Products"). As of the Effective Date, Affiliates include Questica Ltd., eCivis Inc., Ion Wave Technologies, LLC, DemandStar Corporation, Open Counter Enterprise Inc., Sherpa Government Solutions LLC, CityBase Inc. , and GTY Software Inc. in Canada. In addition to the products and services that are the subject of this Agreement, Customer has the option to purchase from either Euna, as an authorized reseller, or Affiliates, the Affiliate Products on same terms of the Agreement.
Notwithstanding the foregoing, Customer understands that different order forms, statement of work(s), and product specific service level agreements may apply. Customer will be provided the Affiliate's additional product terms and will have the opportunity to review and consent to such terms.
17. Entire Agreement. This Agreement, including and together with the Order Form referencing this SAAS and Services Agreement, and any Statements of Work, policies, and other documents referenced and incorporated herein or in the Order Form, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. The Parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Order Form, the Order Fonn followed by the Service Level Policy shall supersede and control. To the extent the Order Form links to legal terms other than this SAAS and Services Agreement or a Statement of Work, those terms shall not apply.
18. Notices. All notices, requests, consents, claims, demands, waivers and other communications under this Agreement must be in writing and addressed to the other Party at its address in the Order Form ( or to such other address that the receiving Party may designate from time to time in accordance with this Section). For Notices to EUNA, [email protected] shall be sent a comiesy email notification.
Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid).
Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section.
19. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
20. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party.
21. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
22. Assignment. Neither Party shall assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party.
Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement. Notwithstanding the foregoing, EUNA may assign this Agreement and any of its rights or delegate any of its obligations to any affiliate, subsidiary, or to any person acquiring all or substantially all of EUNA's assets without Customer's consent.
23 . Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
24. Relationship of the Parties. The relationship between the Parties is that of independent contractors. The details of the method and manner for performance of the Services by EUNA shall be under its own control, Customer being interested only in the results thereof. EUNA shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of the Professional Services and the provision of the SAAS Offering. Nothing in this Agreement shall give Customer the right to instruct, supervise, control, or direct the details and manner of the completion of the Professional Services or the provision of the SAAS Offering. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
25. No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
26. Choice of Law. This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the Laws of the State of Delaware, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the Laws of any jurisdiction other than those of the State of Delaware, United States of America.
27. Choice of Forum. Each Party inevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than the courts of the State of Delaware, and any appellate court from any thereof. Each Party inevocably and unconditionally submits to the exclusive jurisdiction of such comis and agrees to bring any such action, litigation or proceeding only in the courts of the State of Delaware.
Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
28. Export Regulation. Customer shall comply with all applicable Laws, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-exp01i of the SAAS Offering or any Customer Data outside the US.
29. WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY
CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMEN IS LIKELY TO INVOLVE
COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY
IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL
BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
30. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 31 . Force Majeure. "Force Majeure Events" means events beyond a Party's reasonable control, including without limitation acts of nature, labor disputes, the stability or availability of the Internet or a portion thereof, actions by a governmental authority (such as a moratorium on any activities related to this Agreement or changes in Laws), telecommunication or Internet network failures or brown-outs, failures or unavailability of third party systems, networks or software, flood, earthquake, fire, lightning, epidemics, war, acts of terrorism, riots, civil disturbances, sabotage, power grid failures, and denial of service attacks and other hacking attacks. Neither Party shall be liable for any loss, damage or penalty resulting from delays or failures in performance resulting from Force Majeure Events ( except for any obligations of Customer to make payments to EUNA hereunder). The Party affected by the Force Majeure Event will promptly notify the other Party and will resume performance when the Force Majeure Event is no longer effective and the impact has been remediated.
32. Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Pa1iy will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.
Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
33 . Government Use. The SAAS Offering, Documentation are "commercial items" as that term is defined in FAR 2.101 , consisting of "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the SAAS Offering or Documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S.
Government's rights in the foregoing will be only those specified in this Agreement. Customer's rights in the SAAS Offering and Documentation are limited to those expressly granted in Section 3.
34. Cooperative Statement. Other government organizations and educational or health care institutions may elect to participate in this Agreement (piggyback) at their discretion provided EUNA also agrees to do so in writing.
[ signature page follows]
The Parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date.
CITY OF REEDLEY, CA
By _______ _
Name:
Title:
CITYBASE, INC.
By ----------
Name:
Title:
EXHIBIT A
KIOSK OR POS SUBSCRIPTION
Hardware & Software as a Service Terms and Conditions
These CityBase Hardware and Software Terms and Conditions (this "Agreement") is made and entered into as of DATE (the "Effective Date"), by and between CITY OF REEDLEY, CA ("Customer"), and CityBase, Inc., a Delaware corporation, having its principal place of business in Chicago, Illinois ("CityBase"). Customer and CityBase are hereinafter sometimes referred to individually as a "Party" or collectively as the "Parties".
Hardware & Software-as-a-Service (HW &SaaS): HW &SaaS is an all-inclusive service (the "Services") that includes software, hardware, and maintenance. Software updates are deployed seamlessly, with zero downtime, and regular security updates are included. Hardware that malfunctions will be repaired or replaced during the term of this agreement.
Hardware. CityBase agrees to provide to Customer, the hardware set forth on Schedule 1, (the "Hardware") in the quantities and at the prices and upon the terms and conditions set forth in this Agreement. CityBase shall retain all ownership rights to the Hardware and related software.
Software: . CityBase hereby grants to Customer a limited, revocable, royalty-free, nontransferable license to use all CityBase-owned software set forth on Schedule 1 in the quantities and at the prices and the terms and conditions of this Agreement. The Parties acknowledge and agree that, during the tenn of this Agreement, CityBase shall retain all ownership rights to the software.
Delivery and Installation:
The Hardware will be delivered within a reasonable time after the date of this Agreement to DELIVERY POINT (the "Delivery Point"). CityBase shall not be liable for any delays, loss or damage in transit. Customer shall, at its sole expense, prepare a suitable site at the Delivery Point for the installation of the Hardware. Customer shall grant access to the Delivery Point to allow CityBase, or its designated representative. Customer shall bear all installation charges, including all third-party installation chargers.
If for any reason Customer fails to accept delivery of any of the Hardware, or if CityBase, or its authorized representative, is unable to deliver the Hardware at the Delivery Point because Customer has not provided appropriate instructions, documents, licenses or authorizations: (i) the Hardware shall be deemed to have been delivered; and (ii) CityBase, at its option, may store the Hardware until Customer picks them up, whereupon Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
Customer shall not move any item of Hardware from the Delivery Point without City Base's prior written consent.
Customer shall not affix or attach any item of Hardware to real property or any improvements.
The Parties intend that each item of Hardware remains at all times personal property and not a fixture under applicable law, even if the Hardware, or any part thereof, may be or becomes affixed or attached to real property or any improvements.
Maintenance and Upgrades:
Customer, at its own expense, shall maintain, service, and keep the Hardware (i) in the same condition as when delivered to the Delivery Point, ordinary wear and tear excepted; (ii) in compliance with CityBase's maintenance requirements; and (iii) in compliance with law.
If any part of the Hardware becomes lost, stolen, damaged beyond repair or otherwise permanently rendered unfit for use ("Unfit Hardware"), Customer shall promptly notify CityBase of such Unfit Hardware. CityBase shall use commercially reasonable efforts to promptly repair or replace such Unfit Hardware, at Customer's sole expense.
CityBase shall or shall cause its authorized representatives to install alterations, modifications, additions, and upgrades to the Hardware that is (i) required or (ii) necessary to comply with law.
Price: Customer shall provide Hardware and software from CityBase at the price (the "Price") set forth in Schedule 1. Furthermore, all Prices are exclusive of utility payments (i.e., electricity bill) and any other similar payments imposed by a utility provider. Customer shall be responsible for all such charges and costs.
Payment Terms: Customer shall pay all invoiced amounts due to CityBase within thirty (30) days from the date of City Base's invoice. Customer shall make all payments hereunder in US dollars.
Customer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly.
Changes to Services: CityBase reserves the right, in its sole discretion, to make any changes to the Services that it deems reasonably necessary to comply with applicable law. CityBase may also request changes to the Services in order to maintain or enhance: (a) the quality or delivery of the Services or (b) the Services' cost efficiency or performance. The Parties shall evaluate, and, if agreed, implement all such requested changes in a written amendment.
Warranties:
CityBase warrants such Hardware will (i) conform to the specifications set forth in Schedule 3 and (ii) will be free from defects in material and workmanship. This warranty does not cover lost or physical damage to Hardware.
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 7(a), CITYBASE MAKES NO
WARRANTY WHATSOEVER WITH RESPECT TO THE HARDWARE, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Limited Warranty; Disclaimer of Warranties:
CityBase warrants that the Services will substantially perform according to written specifications provided by CityBase from time to time, which may be updated in CityBase's sole discretion.
EXCEPT AS SET FORTH IN SECTION 8(a), ALL SERVICES ARE PROVIDED "AS IS."
CITYBASE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Access and Use; Use Restrictions:
Subject to and conditioned on Customer's payment of the Fees and compliance with all other terms and conditions of this Agreement, CityBase hereby .grants Customer a non-exclusive, nontransferable right to access and use the Services, during the Term, solely for use by Customer and Customer's Permitted Users in accordance with the terms and conditions herein and any additional terms applicable to Permitted Users. Such use is limited to Customer's internal use. "Permitted Users" shall mean (i) a person authorized by Customer to access and use the Services, including any Customer employee, contractor, agent or any other individual or entity authorized by Customer; (ii) and users of Customer's services.
Customer shall not permit any other person or entity (other than a Permitted User) to access or use the Services. Without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits, (i) copy, modify, or create derivative works or improvements of the Services, (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code used in the Services, in whole or in part, or (iii) bypass or breach any security device or protection used by or in conjunction with the Services.
Customer may only use the Services strictly in accordance with all applicable laws, including, without limitation, data privacy and security laws, any supporting materials provided by CityBase, and any other restrictions and requirements set forth herein. CityBase shall not be responsible for Customer's or Customer's Permitted Users' use of the Services. CityBase reserves the right at any time with notice to Customer to suspend access to the Services by Customer or Permitted Users in the event that CityBase reasonably believes such party or person is accessing or using the Services in breach of, or is otherwise not in compliance with, any of the terms or conditions of this Agreement. In no event shall CityBase be required to monitor or supervise the use of the Services by Customer or Permitted Users and compliance with the terms of this Agreement by each of Customer and Permitted Users shall at all times be and remain Customer's responsibility.
[ signature page follows]
IN WITNESS WHEREOF, the parties hereto have caused this Hardware and Software as a Service Terms and Conditions to be executed as of the date first written above by their respective officers thereunto duly authorized.
CITY OF REEDLEY, CA CITYBASE, INC
By: By:
Name: Name:
Title: Title:
SCHEDULE 1
PRODUCT SHEET - HARDWARE AND SOFTWARE AS A SERVICE OFFERING Pricing
Software Products Qty
Unit
Total Fees Notes Price
OUTDOOR KIOSK- HARDWARE LEASING 2 $ 6000 $ 12,000.00 Yl fee KIOSK (1 INTEGRATION) SOFTWARE FEE 2 $27,600 $27,600.00 Yl fee Sub-total - Year 1 Fees: $ 39,600.00
One-time
Shipping 2 $ 850.00 $ 0.00 (Waived for
initial
delivery)
One-time
Kiosk Decal 2 $ 450.00 $ 0.00 (Waived for
initial
wrapping of
outdoor units)
Sub-total - One-Time Fees: $ 0.00
I I
Total Initial Fees $39,600.00
OUTDOOR KIOSK- HARDWARE LEASING 2 $ 6000 $ 12,000.00 Y2-3 fee KIOSK (1 INTEGRATION) SOFTWARE FEE 2 $27,600 $27,600.00 Y2-3 fee Total Subseguent Annual Fees $ 39l600.00 /YEAR
*If an outdoor unit is replaced by a thru-wall unit before July 1st, 2028, then the cost for the thruwall unit shall be the same as the outdoor unit ($6,000.00 annually). The shipping ($850) and wrapping ($450) costs will apply for the change-out of the units.
Other Products I Services Fees
Implementation / Integration $ 0 (included as outlined in the SOW) Service Fee (Credit/Debit) 1.95% of the total transaction, per transaction ($1.00 MINIMUM)
Check (ACH) $ 0.75 per transaction
Charge backs $ 20.00 each
Returned Checks $ 10.00 each
Optional: Additional Cash Boxes $ 1,000.00 each
Professional Services / Custom Development $ 225.00 per hour Term: Initial te1m is 3 years. Automatic renewal in I-year increments unless the customer provides 90 days' notice to CityBase. City Base may increase kiosk subscription fees by a maximum of 10% upon renewal in year 4.
Payments:
Initial Fees: $ 39,600.00
Year 1 Fees
Timing
Invoiced upon contract execution
One-Time Fees
Timing
Invoiced upon contract execution
¾Due Amount Due
100% $39,600.00
%Due Amount Due
100% $ 0.00
Subsequent Annual Fees: $
Kiosk Subscription Fee
Timing
Invoiced annually
Other Products / Services - Fees
Timing
Invoiced quarterly
Payment Processing and Merchant Services:
%Due Amount Due
100% $ 39,600.00
%Due Amount Due
100% Calculated quarterly
Service Fee: CityBase will implement and charge a service fee for credit/debit card transactions. Service fees collected by CityBase will be used to pay all interchange, card brand fees, dues and assessments that result from processing card transactions. Service fees will be a percentage of the amount of the transaction, as specified in "Other Products / Services" above. CityBase will assess the Service Fee as a separate transaction at the time of payment.
ACH Transaction Fee: CityBase will charge Customer a fixed amount per transaction for each check/ ACH transaction as specified in "Other Products / Services" above. City Base will bill Customer directly for all Check/ ACH transactions via a monthly invoice for transactions incurred in the prior month.
CityBase will process payments (credit/debit card, and ACH/check) through Customer's existing payment vendor, Chase Merchant Services.
Consulting Services: A rate of$ 225.00 per hour will be charged for time associated with work considered outside of the agreed upon Statement of Work (SOW). A Change Request Order must be completed and executed by both parties in order to invoke the use of Consulting Services. All costs will be outlined m the Change Request Order.
SCHEDULE2
SERVICE LEVEL AGREEMENT
SOFTWARESUPPORTSLA
CityBase provides software support during regular business hours (9:00 am - 5:00 pm CST).
Payment channels defined as: kiosk, web, mobile, and point-of-sale.
CityBase determines severity level.
Stated SLAs do not apply outside of regular business hours, except for Critical issues which will be addressed on a 24x7 basis.
For Customers with kiosks that support users 24x7, CityBase will respond to Critical and Major issues.
Severity Acknowledg Provide Issue Definition
level e receipt ongomg resolution
updates
Force Catastrophic damage or loss of NIA NIA NIA Majeure devices All payment channels unavailable
in any one ( 1) location where no
other location is available within
two (2) miles; all lookup methods 2-hour
Critical unavailable; unable to process all 30 minutes, maximum 8 hours, payment types; payments 24x7 24x7
improper! y posting for five ( 5) or interval, 24x7
more users within one ( 1) business
day; significant account
reconciliation issues
More than one ( 1) payment channel
unavailable in any one (1) location 4-hour
Major where no other location is available 2 hours maximum 48 hours within two (2) miles; unable to interval
process multiple payment types;
payments improperly posting for
four ( 4) or fewer users within one
(1) business day; minor account
reconciliation issues
One ( 1) payment channel
unavailable in any one ( 1) location; 24-hour
Medium one (1) lookup method unavailable; 4 hours maximum 72 hours unable to process one (1) payment interval type; payments improperly posting
for one (1) user
Minor issues as reasonably
As
Minor 4 hours NIA appropriat determined by Customer
e
SCHEDULE3
STATEMENT OF WORK - DATED: TBD
See attached.
EXHIBITB
PAYMENT PROCESSING TERMS AND CONDITIONS
PAYMENT SUBMITTER- CITYBASE SHALL SUBMIT TRANSACTIONS TO CHASE MERCHANT SERVICES FOR PROCESSING. THE TERMS AND CONDITIONS OF THAT
CERTAIN PAYMENT PROCESSING INSTRUCTIONS AND GUIDELINES WITH JP MORGAN CHASE, ATTACHED HERETO AS SCHEDULE 4, SHALL APPLY.
SCHEDULE4
SUBMITTER MERCHANT PAYMENT PROCESSING INSTRUCTIONS AND GUIDELINES See attached.
CHASEO™
ay e tee
SUBMITTER MERCHANT
PAYMENT PROCESSING lt'ISTRUCTIONS AND GUIDELINES
Paymentech, LLC, also known as Chase Merchant Services ("CMS", "we", or "us"), for itself and on behalf of JPMorgan Chase Bank, N.A. ("Chase"), is excited about the opportunity to join City Base, Inc. (referred to herein as "Submitter") in providing you, the Merchant signing below (hereinafter referred to as "you" or "Merchant") with state-of-the-art payment processing services.
When you use the services of Submitter to receive payments for Transactions initiated by Card or by ECP, those Transactions are processed by us through systems and networks owned by the Networks, each of which maintains its own set ofNetwork Rules governing Transactions processed over such Network.
The Network Rules generally require that we have a direct contract with each merchant for which we process payment transactions through the Network, and this agreement (this "Agreement") contains ce1tain contractual commitments required by the Network Rules to be contained in each such contract.
1. Compliance with Network Rules, Applicable Law and User Guide; Network Liabilities.
You agree to comply with the Network Rules (including the Security Standards) of each Network, as they pertain to the Transactions you submit to us ( directly or via Submitter) for processing through Submitter. You shall not, through act or omission, cause CMS or Chase to violate any Network Rules. You shall perform your obligations under this Agreement in compliance with all applicable federal, state and local laws and regulations and shall not submit any Transaction that it knows to be illegal. CMS reserves the right to temporarily suspend funding or refuse to process any Transaction if we reasonably suspect that it was prepared in violation of any provision of this Agreement, applicable law, or the Network Rules.
You agree to pay any and all fines, fees, penalties, liabilities, charges and other amounts which may be imposed or assessed by the Networks on you, Chase or CMS as a result of your actions, omissions, Transactions, Chargebacks or Returns, including without limitation, your failure to comply with the Network Rules, this Agreement or any Security Standards (the "Network Liabilities").
2. Your Transactions; Chargebacks and Returns.
You represent and wanant that you will only use our services and submit Transactions for processing which represent the sale or lease of goods or the provision of services by you to a Customer and not on behalf of any third-party seller. You shall have full liability for all Chargebacks ( with respect to Card Transactions) and all Returns (with respect to ECP Transactions), as may be assessed in accordance with the applicable Network Rules, provided, however, that in the event that any Chargeback or Return is ultimately reversed by the applicable Network in your favor, CMS shall refund you for the amount thereof.
3. Settlement and Funding.
(a) CMS will submit your Transactions to the applicable Network for processing, and thereafter will provisionally fund the Settlement Account (as defined below).
(b) You must designate at least one bank account for the deposit and settlement of funds and the debit of any fees and costs associated with CMS 's processing of the Transactions (all such designated bank accounts shall be collectively referred to herein as the "Settlement Account"). You authorize CMS to initiate electronic credit entries, debit entries, and adjustments to your Settlement Account for amounts due to or from you in connection with this Agreement. CMS will not be liable for any delays in receipt of funds or errors in Settlement Account entries caused by third parties, including but not limited to delays or errors by Submitter, the Networks, or your bank. ( c) Unless othe1wise agreed, the dollar amount payable to you for your Transactions will be equal to the amount submitted by you in connection with your sale Transactions, minus the sum of amounts due from you, including Refunds, Chargebacks, Returns, Network Liabilities, and all applicable charges and adjustments; provided, however, that in the event we fail to withhold any such amounts from your Transaction proceeds, we may debit your Settlement Account for such amounts;
( d) If we fail to withhold any Refunds, Returns, Chargebacks, Network Liabilities or other charges or amounts due from the proceeds pay ab le to the Settlement Account (including where such proceeds are insufficient to cover such obligations), or if the Settlement Account does not have a sufficient balance to pay amounts due from you under these guidelines, we may pursue one or more of the following options: (i) demand and receive immediate payment for such amounts; (ii) debit the Settlement Account for the amount of the negative balance; (iii) withhold settlement payments to the Settlement Account until all amounts are paid, (iv) delay presentation of refunds until a payment is made to us of a sufficient amount to cover the negative balance; and (v) pursue any remedies we may have at law or in equity. ( e) To the extent you or Submitter elect to assess a Convenience Fee for eligible Transactions, and unless otherwise agreed to in writing, you hereby acknowledge and agree that (i) all Convenience Fee Transactions will be submitted by Submitter to CMS under the terms of the separate agreement in place between CMS and Submitter, (ii) all CMS processing fees, interchange and assessment fees, or other fees that may apply associated with the Convenience Fee Transaction shall be paid by Submitter, (iii) all Chargebacks, Chargeback fees, funds transfer fees, returns and similar charges related to Convenience Fee Transactions shall be paid by Submitter, and (iv) settlement funding for Convenience Fee lNTER.t'-IAL PA YMENTECl-l U SE
Merchant Name:
Full Liability Submitter Payment Instrnment Processing Agreement - Rev. October 2020 Page l of7
Transactions will be paid directly to a bank account designated by Submitter.
4. Specific Requirements, Representations and Warranties Relating to ACH Transactions. (a) The NACHA Operating Rules ("NACHA Rules") are the applicable Network Rules governing your ECP Transactions that utilize the ACH network, including, without limitation, ARC, TEL and WEB Transactions ("ACH Transactions"). You are responsible for complying with the NA CHA Rules as set forth in Section I of this Agreement. The originating depository financial institution which CMS uses (cunently Chase) to originate and process your ACH Transactions (the "ODFI", as that term is further defined in the NACHA Rules) retains the right to reject or delay any ACH Transaction, to execute an ACH Transaction through any clearing house or channel it deems appropriate, to terminate or suspend your right to originate ACH Transactions, or to audit your compliance with the NACHA Rules. (b) Any credit made to your Customer's account as a result of an ACH Transaction originated by you (e.g., an issuance of a refund) is provisional until your Customer's receiving depository financial institution (the "RDFI", as further defined in the NACHA Rules) receives final settlement for such entry through a Federal Reserve Bank. If final settlement is not received by the RDFI, the RDFI will receive a refund from your Customer, and your Customer will not be deemed to have been paid by you. (c) You represent and wa1rnnt that: (i) each ACH Transaction you originate will comply with all applicable laws and NACHA Rules; (ii) you will not originate any ACH Transaction as a Third Party Sender (as that tem1 is defined in the NACHA Rules) and will not allow any third party to originate an ACH Transaction through your account under this Agreement; (iii) all ACH Transactions resulting in a debit to the Customer will be auth01ized by the Customer in writing and signed or similarly authenticated in a manner that complies with the NA CHA Rules; (iv) yo u will obtain and retain proper authorization, in accordance with all applicable laws and the NACHA Rules, for each initiation of an ACH debit or credit to a Customer's account, and will make copies thereof available to us upon request; and (v) you hereby make to us, and certify compliance with, all warranties that we or the ODFI make, or are deemed to make, under the NACHA Rules, in connection with any ACH Transaction you originate.
5. Safeguarding Account Information; Security Standards. (a) By accepting Card and ECP payments from your Customers, you acknowledge and understand the importance of protecting Transactions and Account Information and complying with the applicable Network Rules, Security Standards, and applicable law. You also acknowledge the heightened risk associated with access to Transactions and Account Information, and, to the extent you do have access to Transactions and Account Information, you must establish policies and procedures to protect such information in confo1mity with the Network Rules, Security Standards, and applicable law, including the storage and disclosure of such information. You shall exercise reasonable care to prevent use or disclosure of Transactions, Account Information, other than as necessary to complete a Transaction or as otherwise specifically permitted by the Network Rules or required by applicable law. If at any time you determine or suspect that Transactions or Account Infom1ation have been compromised, you must notify CMS immediately and assist in providing notification to such patties as may be required by law or Network Rules, or as CMS otherwise reasonably deems necessary. You further agree to provide CMS, upon its request, with info1mation related to your c8mpliance with the Network Rules and Security Standards as may from time to time be required by the Networks or reasonably requested by us. (b) You acknowledge that failure to comply with the Network Rules, including the Security Standards, or the occurrence of a Data Compromise Event, may result in assessments, fines and/or penalties by the Networks. In the event CMS or Chase incurs any damage, loss, liability or expense as a result of any such failure or occurrence, including, without limitation, any Network Liability, you shall reimburse CMS and Chase, as applicable, immediately for all such amounts. Fmthermore, if any Network requires a forensic examination of you or any of your agents, business partners, contractors, or subcontractors due to a Data Compromise Event, you agree to cooperate with such forensic examination until it is completed, including, without limitation, the engagement of an examiner acceptable to the relevant Network. Notwithstanding the foregoing, the Networks may directly, or demand that CMS, engage an examiner on your behalf in order to expedite the investigation of the Data Compromise Event.
6. Merchant Taxpayer Certification and CMS Reporting Obligations.
Upon request from time to time, Merchant shall provide CMS with the appropriate taxpayer certification documentation, via Internal Revenue Service (IRS) Fo1m W-9 (or the appropriate versions of Form W-8, if applicable). Merchant shall promptly notify CMS if there are any changes in this information. CMS may deduct withholding taxes, if any, from proceeds payable to Merchant or any entity that is a paity to this agreement where required under applicable law. CMS may, in accordance with applicable law and from time to time during the term of this Agreement, request Merchant to recertify its taxpayer certification hereunder. Furthermore, Merchant shall be responsible for any penalties related to the reporting obligations of CMS hereunder to the extent such penalties accrue based on the actions or inactions of Merchant despite reasonable notice from CMS.
7. Merchant Taxpayer Certification and CMS Reporting Obligations.
We reserve the right to update or amend this Agreement from time to time, including as may be required to ensure compliance with the Network Rules, applicable law, or the policies, procedures or requirements of the ODFI. In such event, we will provide you with the changes, or with an updated copy of this Agreement, and your continued use of our processing services after your receipt of such changes shall constitute your agreement to comply with the Agreement as so amended.
8. Termination.
In the event of a breach of this Agreement by either party, the non-breaching party may tem1inate this Agreement immediately upon notice to the breaching party. In addition, if Submitter terminates its Agreement with us, then either party may te1minate this Agreement immediately upon written notice. CMS shall be entitled to terminate this Agreement at any time upon 60 days' prior written notice to Merchant.
9. Definitions.
lNTER.i~ AL PA YMENTECH U SE
Merchant Name:
Full Liability Submitter Payment lnstrnment Processing Agreement - Rev . October 2020