Shafter City Council
February 21, 2023

17236.00095\40086860.1
10 336 Pacific Avenue
Shafter, California 93263
Attn: [***INSERT NAME & DEPARTMENT***]
and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence

17236.00095\40086860.1
11 Time is of the essence for each and every provision of this Agreement.

28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

30. Counterparts.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

31. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

17236.00095\40086860.1
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SHAFTER
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SHAFTER [INSERT NAME OF CONSULTANT]
By: By:

Gabriel Gonzalez
City Manager Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney

17236.00095\40086860.1
13 EXHIBIT A
Scope of Services

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14 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

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15 EXHIBIT C
Activity Schedule

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Kevin Harmon, City Engineer
SUBJECT: AGREEMENT FOR THE COMPLETION OF PUBLIC

IMPROVEMENTS WITH TAD WILLIAM AND KIMBERLY JOY

EDWARDS, HUSBAND AND WIFE AS COMMUNITY PROPERTY,
PARCEL MAP 12152

RECOMMENDATION
Council find the requested actions are exempt from the California Environmental Quality Act; approve an agreement for the completion of Public Improvements with Tad William Edwards and Kimberley Joy Edwards, Husband and Wife as Community Property with right of Survivorship for Parcel Map 12152 subject to review and approval by the City Attorney and City Engineer; and authorize the City Manager to execute said agreement.

BACKGROUND
Parcel Map 12152 is located on Zerker Road south of Lerdo Highway at the intersection of Zerker Road and New Kapittel Court. The property owners, Tad and Kimberly Edwards, are preparing a parcel map to create five parcels for future industrial or commercial use. JS Ag Packaging, Inc. currently occupies what would end up as Parcel 1 of the new map.

The remaining development of the parcels requires widening Zerker Road and constructing a culdesac at the end of New Kapittel Court. City and miscellaneous utilities also need to be extended to support future development. The City Engineer has reviewed and approved plans for public street, sewer, water, and storm drain improvements. The property owners wish to record the parcel map ahead of the construction of these improvements.

ANALYSIS
Recording the parcel map before public improvements are constructed and accepted by the City requires the owners to enter into an agreement with the City to ensure that the improvements will eventually be completed. The agreement specifically requires the owner or developer to construct public improvements, as originally conditioned by the City, at their own cost. In addition, performance and payment bonds shall be provided as a guarantee for the faithful performance of the construction of the public

AGREEMENT FOR THE COMPLETION OF PUBLIC IMPROVEMENTS WITH TAD WILLIAM AND

KIMBERLY JOY EDWARDS, HUSBAND AND WIFE AS COMMUNITY PROPERTY, PARCEL MAP 12152
- 2 -
improvements. A fully executed agreement and the associated bonds will be provided to the City before the recordation of the parcel map.

FISCAL IMPACT
None. Costs to prepare and facilitate the public improvements agreement for Parcel Map 12152 are funded by existing City operational City budget and the landowners providing the dedications.

CEQA ANALYSIS
The project is to 1) approve an agreement for the completion of public improvements for Parcel Map 12152 and 2) authorize the City Manager to execute the agreement.

The project consists of minor alterations in land use limitations in an area with an average slope of 20% or less and that does not result in any changes in land use or density. Therefore, the project is exempt from CEQA per Section 15305 (Minor Alterations in land use Limitations) of the CEQA Guidelines.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
There is no alternative action to consider. Approving and executing the public improvements agreement is required to record the parcel map before the construction and acceptance of public improvements.

NEXT STEPS
Upon Council authorization, staff will prepare the public improvements agreement for the required signatures, allowing the parcel map to be recorded.

ATTACHMENTS
None

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Kevin Harmon, City Engineer
SUBJECT: GRANT ONE-YEAR TIME EXTENSIONS TO KC BUILDERS
COLLABORATIVE FOR TWO (2) AGREEMENTS FOR
COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 7318
PHASES 1 AND 2

RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; authorize to KC Builders Collaborative two separate agreement as follows: a oneyear extension to the Agreement for Completion of Public Improvements -Tract 7318 Phase 1; and a one-year extension to the Agreement for Completion of Public Improvements -Tract 7318 Phase 2.

BACKGROUND
Phases 1 and 2 of Tract 7318 have been under construction for over one year. The current developer, KC Builders Collaborative, is making some progress on public improvements required by the City. All improvements are substantially complete except for block walls and landscaping. The developer has indicated they will resume wall construction next month, with landscaping to start after the completion of the walls. Two separate agreements in place with the developer for both tract phases require completion of the public improvements within one (1) year of the agreement's execution date or, specifically, by February 3, 2023.

ANALYSIS
A time extension to the public improvements is one option that enables KC Builders Collaborative to complete the required work per their agreement with the City. Granting an extension is at the sole and absolute discretion of the Council. However, given the recent progress the developer has made and their commitment to finishing the remaining improvements, staff view one-year extensions as a reasonable and responsive action.

FISCAL IMPACT
None. Costs to prepare and facilitate the agreement extensions for Tract Map 7318 Phase 1 and 2 are funded by existing City operational City budget and the developer needing extensions.

GRANT ONE-YEAR TIME EXTENSIONS TO KC BUILDERS COLLABORATIVE FOR TWO (2) AGREEMENTS FOR COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 7318 PHASES 1 AND 2 - 2 -

CEQA ANALYSIS
The City of Shafter adopted an Addendum to a Mitigated Negative Declaration for Tract Map No. 7318 on July 18, 2017 (Resolution No. 2537). The agreement does not change the CEQA findings in the Addendum and therefore, no additional CEQA analysis is required for this action.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
The Council can reject the recommended action and direct staff to pursue the completion of the required improvements through the surety that issued performance bonds included in the developer's agreements with the City. While that alternative can ultimately fulfill the developer's obligations, it will also require a considerable amount of Staff time and resources. In addition, the work yet to complete does not consist of essential infrastructure, such as streets, water, or sewer. Lastly, it is in the developer's best interests to complete this work to market the new homes that are planned effectively. Therefore, alternative action is not recommended.

NEXT STEPS
Upon Council authorization, staff will prepare the agreement extensions for the required signatures. Upon execution, the completion deadline for the required public improvements will be extended to February 2024.

ATTACHMENTS
None

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Kevin Harmon, City Engineer
SUBJECT: AGREEMENT FOR THE COMPLETION OF PUBLIC

IMPROVEMENTS BETWEEN THE CITY OF SHAFTER AND
LENNAR HOMES OF CALIFORNIA, LLC FOR TRACT 7388
PHASE 1

RECOMMENDATION
Council approve an agreement for the completion of Public Improvements with Lennar Homes of California, LLC for Tract 7388-Phase 1 subject to review and approval by the City Attorney and City Engineer; and authorize the City Manager to execute said agreement.

BACKGROUND
Underground utilities and street improvements are being constructed within portions of Tract 7388-Phase 1, located north of Seventh Standard Road between Gossamer Grove Blvd and the Friant Kern Canal. The tract is within the development of the Gossamer Grove Specific Plan. The developer, Lennar Homes of California LLC, desires to file and record the tract map before completing all public improvements conditioned by the City (street, sewer, water, utilities, landscaping, etc.), which requires them to enter into an agreement with the City to ensure that the improvements are eventually constructed.

ANALYSIS
A subdivision public improvement agreement specifically requires that the developer design and construct all public improvements conditioned by the City. In addition, performance and payment bonds shall be provided as a guarantee for the faithful performance of the construction of the public improvements. A fully executed agreement and the associated bonds will be provided to the City before the recordation of the tract map. This type of agreement has been used for previous Gossamer Grove developments.

FISCAL IMPACT
None. Costs to prepare and facilitate the public improvements agreement for Tract Map 7388-Phase 1 are funded by existing City operational City budget and the landowners providing the dedications.

AGREEMENT FOR THE COMPLETION OF PUBLIC IMPROVEMENTS BETWEEN THE CITY OF SHAFTER AND LENNAR HOMES OF CALIFORNIA, LLC FOR TRACT 7388 PHASE 1 - 2 -

CEQA ANALYSIS
Tract 7388 is under the scope of the Program Environmental Impact Report that was certified for the 2005 City of Shafter General Plan Update pursuant to Resolution No. 05-1738. This action is administrative activity related to Tract 7388 that will not result in direct or indirect physical changes to the environment that have not already been disclosed and therefore, is not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
There is no alternative action to consider. Approving and executing the public improvements agreement is required to record the tract map before the construction and acceptance of public improvements.

NEXT STEPS
Upon Council authorization, staff will prepare the public improvements agreement for the required signatures, allowing the tract map to be recorded.

ATTACHMENTS

1. Agreement for Completion of Public Improvements Tract 7388 Phase 1

17236.00012\30429610.1

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF SHAFTER
336 Pacific Avenue
Shafter, California 93263
ATTN: City Engineer

SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from recording fee, per Government Code
Section 6103

CITY OF SHAFTER
By:

City Clerk

AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT 7388 PHASE 1
Between

CITY OF SHAFTER, A CALIFORNIA MUNICIPAL CORPORATION
and

LENNAR HOMES OF CALIFORNIA, LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY (AS SUCCESSOR-IN-INTEREST BY CONVERSION TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION)

17236.00012\30429610.1 1

AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT 7388 PHASE 1
I. PARTIES AND DATE.

This Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this ________ day of ________________________, ___________ by and between the City of Shafter, a California municipal corporation and charter city (“City”) and LENNAR HOMES OF CALIFORNIA, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY (AS SUCCESSOR-IN-INTEREST BY CONVERSION TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) with its principal office located at 8080 NORTH PALM AVENUE, SUITE 110, FRESNO, CA 93711 (“Developer”). City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
II. RECITALS.

A. On FEBRUARY 5, 2021, Developer submitted to City an application for approval of a tentative map for real property located within City, a legal description of which is attached hereto as Exhibit “A” (“Property”). The tentative map was prepared on behalf of Developer by QK INC., and is identified in City records as TRACT 7388 PHASE 1.

B. Developer’s application for a tentative map for TRACT 7388 PHASE 1 was deemed complete on JANUARY 11, 2022. On MARCH 1, 2022, the SHAFTER CITY COUNCIL conditionally approved Developer’s application for a tentative map for TRACT 7388 PHASE 1. On DECEMBER 19, 2022, revisions to said tentative map for TRACT 7388 PHASE 1 were determined to be in substantial conformance with the original map.

C. Developer has not completed all of the work or made all of the public improvements required by the Shafter Municipal Code (Title 16—Subdivisions), the Subdivision Map Act (Government Code sections 66410 et seq.) (“Map Act”), the conditions of approval for TRACT 7388 PHASE 1, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

D. Pursuant to Title 16 of the Shafter Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer, for TRACT 7388 PHASE 1.

E. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for TRACT 7388 PHASE 1.

III. TERMS.

3.1 Effectiveness. This Agreement shall not be effective unless and until all four of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of Kern; (c) the City Council of the City (“City Council”) approves the final map for TRACT 7388 PHASE 1 and (d) Developer records the final map for TRACT 7388 PHASE 1 in the Recorder’s Office of the

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County of Kern. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for TRACT 7388 PHASE 1.

3.2 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of TRACT 7388 PHASE 1, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, water mains and services, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for TRACT 7388 PHASE 1 (“Public Improvements”). The Public Improvements are more specifically described in Exhibit “B,” which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

3.2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

3.2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

3.2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

3.2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

17236.00012\30429610.1 3

3.2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

3.2.6 Alterations to Improvements. The Public Improvements in Exhibit “B” are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

3.3 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, sewers, and storm drains; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

3.4 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within one (1) year of the effective date of this Agreement.

3.4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of

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action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.

3.4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

3.5 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of TRACT 7388 PHASE 1 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et seq. of this Agreement.

3.6 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within TRACT 7388 PHASE 1 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground.

3.7 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to TRACT 7388 PHASE 1.

3.8 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.

IV. DEFAULT; NOTICE; REMEDIES.

4.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the

17236.00012\30429610.1 5
default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement.

4.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation.

All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

4.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

4.4 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

4.5 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of Kern a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If TRACT 7388 PHASE 1 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or

17236.00012\30429610.1 6
approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

4.6 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

4.7 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify Developer’s indemnification obligation provided in Section 16.0 of this Agreement.

4.7.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of FIFTEEN MILLION EIGHT HUNDRED TWENTY THREE THOUSAND DOLLARS AND NO CENTS ($15,823,000.00******) which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for TRACT 7388 PHASE 1, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs.

All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for TRACT 7388 PHASE 1.

4.7.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the

17236.00012\30429610.1 7
amount of FIFTEEN MILLION EIGHT HUNDRED TWENTY THREE THOUSAND DOLLARS AND NO CENTS ($15,823,000.00******) which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.

4.7.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A-:VII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement.

The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

4.7.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “C,” unless other forms are deemed acceptable by the City Engineer, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.

4.8 Monument Security. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for TRACT 7388 PHASE 1 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Developer shall deposit cash with City in the amount of SIXTY FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($65,250.00******) which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for TRACT 7388 PHASE 1.

4.9 Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.

4.10 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel,

17236.00012\30429610.1 8
employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

4.11 Public Works Determination. Developer has been alerted to the requirements of California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.

V. INSURANCE.

5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

5.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage.

5.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

5.1.3 Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees.

5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.

17236.00012\30429610.1 9

5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

5.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.

5.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City.

5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A-:VII.

5.8 Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

5.9 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to TRACT 7388 PHASE 1, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under

17236.00012\30429610.1 10
the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

VI. GENERAL PROVISIONS.

6.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

6.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

6.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

CITY:

CITY OF SHAFTER
DEVELOPER:

LENNAR HOMES OF CALIFORNIA, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY (AS

SUCCESSOR-IN-INTEREST BY CONVERSION TO
LENNAR HOMES OF CALIFORNIA, INC., A

CALIFORNIA CORPORATION)
8080 NORTH PALM AVENUE, SUITE 110, FRESNO,
CA 93711
336 PACIFIC AVENUE
SHAFTER, CALIFORNIA 93263
ATTN: CITY ENGINEER
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

6.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

6.6 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type.

The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive,

17236.00012\30429610.1 11
as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

6.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

6.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

6.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

6.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Kern, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

6.12 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement.

6.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

17236.00012\30429610.1 12

CITY OF SHAFTER LENNAR HOMES OF CALIFORNIA, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY (AS

SUCCESSOR-IN-INTEREST BY CONVERSION TO
LENNAR HOMES OF CALIFORNIA, INC., A

CALIFORNIA CORPORATION)
By: By:

Gabriel A. Gonzalez (signature)
City Manager
City of Shafter

(print name)

(title)
ATTEST:

By: By:

Yazmina Pallares (signature)
City Clerk
City of Shafter

(print name)

(title)
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By:

NOTE: DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.

17236.00012\30429610.1
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.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF )
On , 20 , before me, ,
personally appeared ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above

17236.00012\30429610.1
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.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF )
On , 20 , before me, ,
personally appeared ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above

Exhibit C-1
17236.00012\30429610.1
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY - TRACT 7388 PHASE 1
BEING A MERGER AND RE-SUBDIVISION OF PORTIONS OF LOTS 5, 13, 14, 21, "A" AND "C" OF TRACT MAP 6761 RECORDED SEPTEMBER 30, 2008, IN BOOK 59 OF MAPS, PAGES 42 THROUGH 45, IN THE OFFICE OF THE KERN COUNTY RECORDER, AND AS AMENDED BY THAT CERTAIN "CERTIFICATE OF CORRECTION" RECORDED JUNE 18 2015 AS DOCUMENT NO. 215078432, O.R., A PORTION OF LOT "B" OF LOT LINE ADJUSTMENT NO. 18-67 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED JUNE 19, 2018 AS DOCUMENT NO. 218076247, O.R. AND LOTS "M" AND "N" OF TRACT MAP 7332, PHASE 2 RECORDED JULY 28, 2020, IN BOOK 64 OF MAPS, PAGES 67 THROUGH 78, IN THE OFFICE OF THE KERN COUNTY RECORDER AND THAT PARCEL OF LAND PER GRANT DEED RECORDED AUGUST 27, 2021 AS DOCUMENT NO. 221163226, O.R., LOCATED IN THE EAST HALF OF SECTION 36, TOWNSHIP 28 SOUTH, RANGE 26 EAST, M.D.M., AND IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 28 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.

Exhibit C-2
17236.00012\30429610.1
EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS - TRACT 7388 PHASE 1

THE FOLLOWING LIST OF IMPROVEMENTS SHALL NOT BE CONSIDERED AS COMPLETE OR ALL

INCLUSIVE BUT SHALL SERVE AS A GENERAL DESCRIPTION OF IMPROVEMENTS REQUIRED FOR RESIDENTIAL TRACTS. DEVELOPER’S ATTENTION IS DIRECTED TO THE CONDITIONS OF APPROVAL FOR THE TRACT, THE DEVELOPER’S AGREEMENT FOR THE TRACT, ANY APPLICABLE SPECIFIC PLAN, AND TITLE 16 OF THE CITY OF SHAFTER MUNICIPAL CODE FOR MORE INFORMATION ON SPECIFIC PUBLIC IMPROVEMENTS REQUIRED.
 ALL EARTHWORK AND GRADING INCLUDING REMOVAL AND DISPOSAL OF UNSUITABLE

MATERIALS, REMOVAL AND/OR RELOCATION OF OBSTRUCTIONS, IMPORT, EXPORT,

ROUGH GRADING, FINAL GRADING, EXCAVATION, TRENCHING, BACKFILLING,

COMPACTION, FOOTINGS, FOUNDATIONS, AND SUBGRADE PREPARATION,

OVEREXCAVATION, RECOMPACTION, RETAINING STRUCTURES, DUST CONTROL,

EROSION AND/OR SEDIMENT CONTROL MEASURES, SOILS STUDIES, TESTING, AND INSPECTION.
 PUBLIC WATER IMPROVEMENTS INCLUDING WATER MAINS FOR DOMESTIC AND

IRRIGATION PURPOSES, VALVES, FITTINGS, CONNECTIONS, SERVICES, METERS, AND FIRE HYDRANTS.
 PUBLIC SEWER IMPROVEMENTS INCLUDING SEWER MAINS, MANHOLES, CLEAN OUTS,

CONNECTIONS, SERVICES, AND ANY NECESSARY SEWAGE LIFT STATIONS, FORCE MAINS, AND DISCHARGE STRUCTURES.
 PUBLIC STORM DRAIN IMPROVEMENTS INCLUDING STORM DRAIN PIPING, MANHOLES, JUNCTION BOXES, INLETS, OUTLETS, BASINS, AND PERIMETER FENCING.  PUBLIC STREET IMPROVEMENTS INCLUDING CURBS, GUTTERS, CROSS GUTTERS,

SPANDRELS, SIDEWALKS, WHEELCHAIR RAMPS, OTHER PEDESTRIAN FACILITIES,

MEDIANS, STREET SECTION AND PAVING IMPROVEMENTS, STREET LIGHTING, STREET

SIGNS, BARRICADES, FENCING AND/OR GATES, TRAFFIC SIGNS, MARKINGS, STRIPING, BEACONS, AND SIGNALS.
 PUBLIC UTILITIES THAT SUPPLY ELECTRICAL POWER, NATURAL GAS, CABLE TV,

INTERNET, PHONE, AND FIBER OPTIC SERVICE FOR EACH PROPOSED LOT, STRUCTURE, OR PUBLIC USE.
 PUBLIC LANDSCAPING IMPROVEMENTS ALONG STREETS AND WITHIN MEDIANS, PASEOS,

AND NATURAL TRAILS INCLUDING EARTHWORK AND GRADING, SOIL AMENDMENTS,

PLANTS & FOLIAGE, GROUND COVER, SPRINKLERS AND RELATED TIMERS AND

CONTROLLERS, WALLS, SEATING, LIGHTING, WALKABLE PATHS, AND RELATED INFRASTRUCTURE.
 WHERE PROPOSED BY THE DEVELOPER, PUBLIC PARK IMPROVEMENTS INCLUDING ANY

AND ALL OF THE IMPROVEMENTS LISTED ABOVE AND ALSO INCLUDING, BUT NOT LIMITED

TO, SEATING, TABLES, SHADE STRUCTURES, TRASH RECEPTACLES, WATER FOUNTAINS,

PLAY STRUCTURES, RELATED SURFACING, PLAY AREAS, OPEN AREAS, PUBLIC FACILITIES, AND LIGHTING.

Exhibit C-3
17236.00012\30429610.1
 A SUFFICIENT QUANTITY OF CLUSTER MAILBOX UNITS WITH FOUNDATIONS, APPROPRIATE CLEARANCE, AND WALKABLE SURFACING. UNITS SHALL BE APPROVED BY THE LOCAL POSTAL AUTHORITY FOR USE.
 IMPROVEMENTS SHALL ALSO INCLUDE ANY AND ALL NECESSARY IMPROVEMENTS OR

UPGRADES TO OR REROUTING OF PRE-EXISTING PUBLIC OR PRIVATE FACILITIES OR UTILITIES AS DETERMINED BY THE FACILITY OR UTILITY OWNER. IMPROVEMENTS SHALL

INCLUDE PROTECTION OR PRESERVATION OF PRE-EXISTING PUBLIC OR PRIVATE FACILITIES THAT WILL NOT BE RELOCATED, MODIFIED, OR REMOVED.  IMPROVEMENTS SHALL INCLUDE ANY EASEMENTS, GRANT DEEDS, COVENANTS, DEDICATIONS, OR NECESSARY RIGHTS OF WAY FOR SAID IMPROVEMENTS. DIMENSIONS

OF EASEMENTS, GRANT DEEDS, COVENANTS, DEDICATIONS, OR NECESSARY RIGHTS SHALL BE APPROVED BY THE CITY.
 IMPROVEMENT SHALL INCLUDE ALL APPROPRIATE AND NECESSARY PERMITS REQUIRED BY LOCAL, STATE, OR FEDERAL LAW.

Exhibit C-4
17236.00012\30429610.1
EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY - TRACT 7388 PHASE 1
As evidence of understanding the provisions contained in this Agreement, and of the Developer’s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE BOND PRINCIPAL AMOUNT: FIFTEEN MILLION EIGHT HUNDRED TWENTY THREE THOUSAND DOLLARS AND NO CENTS ($15,823,000.00******) Surety:

Attorney-in-fact:

Address:

MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: FIFTEEN MILLION EIGHT

HUNDRED TWENTY THREE THOUSAND DOLLARS AND NO CENTS
($15,823,000.00******)
Surety:

Attorney-in-fact:

Address:

MONUMENT SECURITY (CASH OR BOND): SIXTY FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($65,250.00******)

Exhibit C-5
17236.00012\30429610.1
BOND NO.

INITIAL PREMIUM:

SUBJECT TO RENEWAL

CITY OF SHAFTER
TRACT 7388 PHASE 1 IMPROVEMENTS

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Shafter, California (“City”) and LENNAR HOMES OF CALIFORNIA, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY (AS SUCCESSOR-IN-INTEREST BY CONVERSION TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for TRACT 7388 PHASE 1 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated _______________________, ________ (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and _________________________________________ (“Surety”), a corporation organized and existing under the laws of the State of ___________________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of FIFTEEN MILLION EIGHT HUNDRED TWENTY THREE THOUSAND DOLLARS AND NO CENTS ($15,823,000.00******), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Exhibit C-6
17236.00012\30429610.1
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.

Principal Surety
By: By:

President Attorney-in-Fact

(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL

AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL

REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND.

Exhibit C-7
17236.00012\30429610.1
BOND NO.

INITIAL PREMIUM:

SUBJECT TO RENEWAL

CITY OF SHAFTER
TRACT 7388 PHASE 1 IMPROVEMENTS

LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Shafter, California (“City”) and LENNAR HOMES OF CALIFORNIA, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY (AS SUCCESSOR-IN-INTEREST BY CONVERSION TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for TRACT 7388 PHASE 1 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated _______________________, ________ (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of FIFTEEN MILLION EIGHT HUNDRED TWENTY THREE THOUSAND DOLLARS AND NO CENTS ($15,823,000.00******) said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or

Exhibit C-8
17236.00012\30429610.1
other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

Exhibit C-9
17236.00012\30429610.1
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _____________________, this _____ day of _______________, ______.

Principal Surety
By: By:

President Attorney-in-Fact

(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL

AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL

REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: AWARD SKATEPARK AMENITY PROFESSIONAL DESIGN

AGREEMENT TO WYNN-SMITH LANDSCAPE ARCHITECTURE
(STATE OF CALIFORNIA RESTRICTED GRANT AGREEMENT
NUMBER CCL-5281-033)

RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; approve a proposal submitted by Wynn-Smith Landscape Architecture, Inc. (Proposal #23-002), dated January 31, 2023, for skatepark amenity design services; authorize the Public Works Director to award a professional services agreement to Wynn-Smith Landscape Architecture for said design services; and authorize expenditures up to $15,000 through said agreement.

BACKGROUND
Among the recreation sites to be improved with State Clean California grants funds awarded last year is the public skatepark, located at 460 East Euclid Avenue. In addition to replacing the existing equipment at the skatepark, the grant will fund new amenities to enhance the use and appearance of the site, including lighting and landscaping. The strategy for completing the improvements funded by the grant is to prepare and release separate bid packages for the project's skatepark equipment and site amenity work. Subject to City Council approval, the new equipment will be covered via a design-build proposal request.

For the site amenity phase, Staff has sought assistance from consultants specializing in park design. Wynn-Smith Landscape Architecture, the consultant leading the park designs for Gossamer Grove, submitted a proposal that includes the design of the landscape and lighting improvements, as well as construction specifications for future bidding. The base fee proposed in the proposal is $13,750.

ANALYSIS
Professional design services on public projects valued at $15,000 or less do not require formal or informal competitive procurement procedures. Staff reached out to WynnSmith initially because of their proven experience with park designs for Gossamer Grove, plus they previously provided services directly for one Core City park project. The base fee of $13,750 proposed in their proposal is fair for the scope of work

AWARD SKATEPARK AMENITY PROFESSIONAL DESIGN AGREEMENT TO WYNN-SMITH

LANDSCAPE ARCHITECTURE (STATE OF CALIFORNIA RESTRICTED GRANT AGREEMENT NUMBER CCL-5281-033)
- 2 -
covered, plus it should be fully reimbursable through the Clean California grant. An appropriate budget for the services covered by Wynn-Smith is $15,000, which includes their base fee plus potential additional services if deemed necessary by staff.

FISCAL IMPACT
The skatepark improvements funded by the Clean California grant are programmed into the Capital Improvement Program as Project PK00009. The estimated allocation for the skatepark enhancements is $670,000. No budget action is required for the City to proceed with the proposed design services contract award.

CEQA ANALYSIS
The project is to facilitate the redesign of the existing Shafter Skatepark located at 460 East Euclid Avenue. The project facilitates the replacement or reconstruction of existing structures and facilities where new structures would be located on the same site as the structures to be replaced and will have substantially the same purpose and capacity as the structures replaced. Therefore, the project is exempt from CEQA per Section 15302 (Replacement of Reconstruction) of the CEQA Guidelines.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
The Council can reject the recommended action and direct staff to seek out multiple proposals for design services. Another alternative is to release a request for proposals for designing both the new equipment and site amenities under one professional services contract. However, while the Clean California grant will significantly enhance the skatepark and other recreation sites in the Core City, there is limited time to use the funding, specifically by June 2024. Considering that staff is also focused on completing improvements at other parks and recreational facilities, the added time required to procure and complete additional proposals for the current or expanded scope of design work could compromise the City meeting the completion deadline. Secondly, funds invested in a larger design scope would reduce funding for skatepark equipment and amenities to be installed. Therefore, alternative action is not recommended.

NEXT STEPS
Upon Council authorization, staff will award a professional services agreement to Wynn-Smith. Completion of the design work and bidding of the skatepark amenities may not occur until the end of this year because of the time needed to receive electrical service from Pacific Gas and Electric for the new lighting.

ATTACHMENTS

1. Design Services Proposal Submitted by Wynn-Smith Landscape Architecture, Inc.

13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 January 31, 2023
Michael James
Public Works Director
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Re: Shafter Skate Park – Ash Avenue
Ash Avenue, Shafter, CA 93263
Landscape Architectural Services Proposal, 23-002
Dear Mr. James
Thank you for the opportunity to provide this fee proposal to prepare the landscape plans for the remodeled skate park on East Ash Avenue. We understand that the scope of this work is limited to the following:

1. Planting and irrigation for the storm water basin required as a result of the impermeable surface of the skate park.

2. Location of 20 trees.

3. Eight lights for the skate park.

4. Conceptual grading for the storm water basin. (City civil engineer to provide the square footage of the storm basin prior to us designing its location and shape.)
Below, you will find the Scope of Services and Terms of Agreement for the Landscape Architectural services to be rendered by Wynn-Smith Landscape Architecture, Inc. (“WSLA”) for City of Shafter (“Client”) with regard to the Shafter Skate Park – Ash Avenue (“Project”).

SCOPE OF SERVICES

A. Landscape Concept Plan
Includes approximate location of the storm water basin, associated planting and trees.

WSLA is relying on the following to be provided:

1. Survey of existing topography, property lines and easements in CAD dwg format.

2. CAD file from skatepark designer showing location of skate park equipment, shade structure, pathways and drinking fountain(s).

SLA
wynn Smith
landscape
architecture, inc.

23-002 Shafter Skate Park - Ash Avenue Proposal.docx
Landscape Architecture Proposal
January 31, 2023

Wynn-Smith Landscape Architecture, Inc.
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 B. Landscape Construction Drawings

1. Layout Plan
Not included at this time. By others.

2. Construction Details
Not included at this time. By others.

3. Irrigation Plan
Includes: Diagrammatic layout of landscape irrigation piping, valves, control equipment, sprinkler heads, drip emitters and related equipment for the irrigation of planted areas, specifically calling out pipe and equipment sizing and types, brand and model. Details for the installation of the system are included.

4.Hydrozone Plan and Water Management Calc’s.

Per state MWELO water conservation requirements, a hydrozone plan will be prepared identifying areas requiring similar water consumption. Estimated water use will be calculated. Soil testing to be done by contractor after grading and submitted to City at final inspection.

5. Planting Plan
Includes: Identification of all proposed plant material, their sizes, quantities, varieties and general notes to the contractor. Details for the installation of the plants are included.

C. Electrical
See attached proposal from Electrical Engineer. WSLA will add 10%.

WSLA, as described above, will provide Client with drawings to be used as a guide to install the landscape but WSLA is not responsible for the installation or maintenance of the hardscape, drainage, planting, or irrigation.

D. Construction Administration
All site observation will be performed and invoiced based on the office hourly rates upon request by Client. Upon request by Client, WSLA will visit site during construction to observe contractor’s work and make note of recommended modification or corrections of such work.

E. Meetings
All client meetings / presentations will be billed at the standard office hourly rates.

Typically, travel time is charged at the standard office rates for traveling to meetings and/or Agency for plan submittals if necessary. Travel time will be charged at $55.00/hour and $0.63/mile.

F. Project Coordination with Client, Consultants and Agencies Includes teleconferences and meetings with client, consultants and agencies.

23-002 Shafter Skate Park - Ash Avenue Proposal.docx
Landscape Architecture Proposal
January 31, 2023

Wynn-Smith Landscape Architecture, Inc.
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030

TERMS OF AGREEMENT
A. Fee Schedule
A. Landscape Concept Plan $1,800.00
B. Construction Documents $3,700.00
C. Electrical $8,250.00
D. Construction Administration Hourly
E. Meetings / Presentations Hourly
F. Project Coordination with Client, Consultants and Agencies Hourly Hourly Rate For Additional Work
Principal Landscape Architect $200.00 / Hour
Project Manager / Landscape Architect $125.00 / Hour
Senior Designer / CAD Draftsperson $100.00 / Hour
Junior Designer / CAD Draftsperson $75.00 / Hour
Irrigation Designer $110.00 / Hour
Document Research / Plan Submittals to Agencies $65.00 / Hour Hourly rates are subject to adjustment on January 1 of each year.

B. Additional Work
No additional work beyond the Scope of Services outlined in the Agreement will be performed without the prior written approval of the Clients. Upon receipt of a request for additional work, WSLA will prepare an addendum to this Agreement that details the additional work and the cost for the additional work. Such additional work will not be performed unless Client executes the Addendum Authorizing Additional Work.

C. Reimbursable Expenses
All soil testing, printing, CAD plotting, photographing, photograph developing, duplicating, copying, Xerox enlargements, and preparation of special materials for the presentation of exhibits (i.e. Mylars, vellums, exhibit mounting, etc.) administered by WSLA will be billed to Client at actual cost plus 20%. In the alternative, Client can arrange for direct billing from the relevant vendors for such work. At this time, reimbursable expenses should only be for prints made during the Construction Documents development phase.

All prints for plans to be billed at:
• $2.50 / 24x36 sheet – black and white.
• $15.00 / 24x36 sheet - Color.

D. Indemnity Provision
Client shall indemnify and hold harmless Landscape Architect, its agents and employees from and against any and all claims, liabilities, demands, injuries, losses, damages and/or expenses (including reasonable attorney’s fees) arising out of or resulting from the performance of services as described in this Agreement provided that any such claims, liabilities, demands, losses, damages or expenses are due to other than the sole negligence or willful misconduct of the WSLA its agents or employees.

23-002 Shafter Skate Park - Ash Avenue Proposal.docx
Landscape Architecture Proposal
January 31, 2023

Wynn-Smith Landscape Architecture, Inc.
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 In the event that such claims, liabilities, demands, losses, injuries, and damages arising out of or resulting from the performance of work as described in this Agreement are a result of negligence on the part of both WSLA and Clients and/or their respective officers, employees and representatives, the parties hereby mutually agree to apportion the risks arising therefrom such that each party will only bear responsibility for their proportionate share of such claims, liabilities, demands, losses, injuries and damages.

E. Termination
This agreement may be terminated at any time by either party upon delivery of written Notice of Termination by one party to the other. The written Notice of Termination may be delivered via U.S. Mail or facsimile. If the Notice of Termination is transmitted via U.S. Mail, it must be postmarked and is deemed delivered as of the date two days after the postmark date. If the Notice of Termination is transmitted via facsimile, it is deemed delivered as of the date of the facsimile transmittal confirmation report. The Notices of Termination are to be sent to the parties at the addresses and/or facsimile numbers listed below:

Landscape Architect: Wynn-Smith Landscape Architecture, Inc. 13319 Poway Road
Poway, CA 92064
Client: Michael James
City of Shafter
Dept. of Public Works
336 Pacific Avenue
Shafter, CA 93263
In the event that this agreement is terminated, WSLA will cease performance of all services under the Agreement and Client shall fully compensate WSLA for all services performed under this Agreement up to the date of termination.

F. Payment Schedule
Clients will be billed monthly for services performed during the billing period. The billing period covers the one-month period beginning on the 1st day of the prior month. Billing statements will reflect the amount due based on the hours performed during the billing period (Hourly Agreement) or based on the percentage of work completed during the billing period (Lump Sum Agreement).

Payments are due within 20 days of the billing statement date. A late charge of

1.5% of the outstanding balance will be added to payments due and owing more than 20 days. If payment on any one billing statement is due and owing 20 days from the date of the billing statement, WSLA will cease performing any work under this Agreement until Client brings their account current.

G. Additional Provisions
Entire Agreement: This Agreement contains the entire understanding of the parties hereto and may not be modified or amended except by a writing signed by the parties to be charged therewith.

23-002 Shafter Skate Park - Ash Avenue Proposal.docx
Landscape Architecture Proposal
January 31, 2023

Wynn-Smith Landscape Architecture, Inc.
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 Controlling Law: This Agreement shall be controlled by and construed in accordance with the laws of the State of California.

Severability. Should any provision of this Agreement prove to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. Should a court find any provision of this Agreement invalid or unenforceable, said provision shall be deemed to be written, construed, and enforceable as so limited.

Attorneys Fees: If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the prevailing party is entitled to recover from the other party all reasonable attorney fees, costs, and necessary disbursements incurred in the action, in addition to any other relief and/or damages to which the prevailing party may be entitled.

Declaration of California State Board of Landscape Architects:

Landscape Architects are regulated by the California Board of Landscape Architects. Any questions concerning a Landscape Architect may be referred to the Board at:
2420 Del Paso Road
Suite 105
Sacramento California 95834
(916) 575-7230
This proposal is good for one month from the date of execution. After one month, this proposal will be null and void. If this proposal meets with your approval, please return one signed copy to our office to initiate services.

Please call me with any questions you may have.

Respectfully,
Accepted:____________________Date_____
Timothy M. Smith, PLA, ASLA ______________________________________ President Print Name
LLA #4008

Hardin-Davidson Engineering, Inc. Page 1 of 3

FEE PROPOSAL
Date: February 1, 2023
To: Mr. Tim Smith
Wynn-Smith Landscape Architecture
13319 Poway Rd, Suite 150
Poway, CA 92064
Project: Skate Park, Shafter, CA
Scope: Electrical plans and specifications for lighting for two monument signs.

Engineering: Power service pedestal; lighting controls; LED sports lighting poles; sports lighting photometrics; LED canopy lighting; convenience outlets.

Services: Meetings and teleconferences; Title 24 compliance documentation.

Exclusions: Utility drawings.

Fees: Fixed fee basis, in the amount of
Seven Thousand Five Hundred Dollars $ 7,500
Fees for the following services will be provided on an hourly basis: opinion of probable cost; bidding RFI assistance; construction RFI/COR assistance; submittals reviews.

Please contact our team with any questions or concerns.

Sincerely,
C. Scott Davidson, P.E.

HARDIN-DAVIDSON ENGINEERING
356 Pollasky Ave. • Suite 200 • Clovis, CA 93612
559.323.4995 tel • 559.323.4928 fax

Hardin-Davidson Engineering, Inc. Page 2 of 3

TERMS AND CONDITIONS
The Firm shall perform the services outlined in the Proposal for the stated fee arrangement in accordance with the Terms and Conditions.

Access to Site:

Unless otherwise stated, the Firm will be given access to the site for activities necessary for the performance of the services. The Firm will take precautions to minimize destructive investigation, and the Firm shall not be responsible for the cost to repair any resulting damage.

Hourly Fees:

Where a fee proposal is stated to be hourly, the fee shall be billed on an hourly basis, and the estimated fee shall not be exceeded by more than ten percent without written approval of the Client. Our hourly rates are as follows:

Principal Electrical Engineer $ 250.00
Field Engineer $ 200.00
Electrical Designer/CAD Operator $ 150.00
Notwithstanding any other provision contained in this Proposal, the Firm will not provide additional work unless there is a change order setting, in detail, the scope of additional work or service and the exact compensation to be paid, prepared, and fully executed by both parties in advance of the performance of the additional scope of work.

Billings / Payments:

Invoices for the Firm's services shall be submitted, at the Firm's option, either upon completion of such services or on a monthly basis.

Invoices shall be payable within 30 days of the invoice date. If the invoice is not paid within 30 days, the Firm may, without waiving any rights or claims against the Client, and without liability whatsoever to the Client, terminate the performance of the services. Retainers shall be credited on the final invoice.

Late Payment / Non-Payment:

Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 2.0% on the then unpaid balance (24% annual percentage rate), at the sole election of the Firm. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees.

Indemnification:

The Client shall indemnify and hold harmless the Firm and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) arising out of, or resulting from, the performance of the services, provided that any such claim, damage, loss, or expense is caused in whole or in part by the negligent act, omission, or other detrimental action of the Client, anyone directly or indirectly employed by the Client (except the Firm), or anyone else for whose acts they may be liable.

Risk Allocation:

In recognition of the relative risks, rewards, and benefits of the project to both the Client and the Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes, shall not exceed ten times our fee or $100,000 whichever is less. Such causes include, but are not limited to, the Firm's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

Termination of Services:

This agreement may be terminated by the Client or the Firm should one reasonably determines the other has failed to perform its obligations hereunder. In the event of termination, the Client shall pay the Firm for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. (continued, next page)

Hardin-Davidson Engineering, Inc. Page 3 of 3
Ownership of Documents:

All documents and electronic media produced by the Firm under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. Where the contract conditions stipulate the electronic media is to be furnished to the Client, it is understood and agreed that the calculations, drawings, and specification prepared pursuant to this agreement, whether in hard copy or machine readable form, are instruments of professional service intended for one-time use in the construction of this project. They are and shall remain the property of the Firm. The Client may retain copies, including copies stored electronically, for information and reference in connection with the use of the document. Because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, the Firm reserves the right to retain the original media and to remove from copies provided to the owner all identification reflecting the involvement of the Firm in their preparation. The Firm also reserves the right to retain hard copy originals of all project documentation delivered to the Client in machine readable form, and said original shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Firm to an alternate system or format cannot be accomplished without the introduction of inexactitude, anomalies, and errors. In the event project documentation provided to the owner in machine readable form is so converted, the Client agrees to assume all risks associated therewith, and to the fullest extent permitted by law, to hold harmless and indemnify the Firm from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising therefrom or in connection therewith. The Client recognizes that changes or modifications to documents produced by the Firm that are introduced by anyone other than the Firm can neither be predicted nor controlled. Accordingly, when the Firm is requested to transmit documents in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the Firm from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Firm under this agreement.

The foregoing indemnification applies, without limitation, to any use of the project documentation on other projects, for additions to this project, or for completion of this project by others, except where such use is authorized, in writing, by the Firm.

Applicable Laws:

Unless otherwise specified, this agreement shall be governed by the laws of the State of California.

Projects With Alterations or Remodel:

Inasmuch as the remodeling and/or rehabilitation of an existing building requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the building, the owner agrees that, except for negligence on the part of the design professional, the owner will hold harmless and indemnify the design professional from and against any and all claims, damages, awards, and costs of defense arising out of the professional services provided under this agreement.

Submittal Review:

The submittal review process is to assist the Client to accept specific materials related to our trade. Substitutions made after bid date may be subjected to additional charges, as determined the Firm, at an hourly rate of $90.00, minimum 2 hours.

The Intended Valid Time Period for this Proposal:

This proposal is valid for 30 days from the date submitted. All work is based on the current editions of applicable codes and regulations.

End

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Associate Engineer
SUBJECT: RESOLUTION INITIATING PROCEEDINGS TO ANNEX TRACT 7388 PHASES I-III INTO EXISTING LANDSCAPING AND
LIGHTING DISTRICT NO. LL001-2015

RECOMMENDATION
Council find the residential development under consideration was determined exempt from the California Environmental Quality Act; and adopt Resolution 2905, a Resolution of the City Council of the City of Shafter Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Tract 7388 Phase I-III into Landscaping and Lighting Assessment District No. LL001-2015.

BACKGROUND
In February 2016, the City Council authorized the formation of a new landscape and lighting district to serve over 400 residential lots within the first phase of the Gossamer Grove development, located along Seventh Standard Road between Gossamer Grove Boulevard and Community Drive. The specific purpose of the district is to use revenues from property taxes levied on benefiting lot owners to fund operational and maintenance costs for publicly-owned improvements such as street lights, parks, and miscellaneous landscaping. Since the initial district formation, six annexations have already been approved, which have increased the residential lot total to 1546.

As Gossamer Grove continues to grow, the developer, Lennar Homes, must ensure that all the new residential lots are also included in the landscape and lighting district. Rather than form a new district for each development phase, the City has preferred annexations into the original district to facilitate more efficient operations and annual reporting. Lennar is now requesting to record Tract Map 7388 Phases 1 through 3 to create and develop 358 new residential lots, requiring a seventh district annexation.

ANALYSIS
To start a new district annexation, the Council must adopt a resolution that initiates proceedings and authorizes staff to prepare an engineering report. The report recommends assessments for annexed lots, possible amendments to current lot assessments, and timelines for having the assessments take place.

RESOLUTION INITIATING PROCEEDINGS TO ANNEX TRACT 7388 PHASES I-III INTO EXISTING LANDSCAPING AND LIGHTING DISTRICT NO. LL001-2015 - 2 -

FISCAL IMPACT
The expansion of the affected landscape and lighting district increases the district's total maintenance costs and associated assessment revenues. This district is designed to be financially self-sustaining and should have no net fiscal impact to the City. The changes in expenses and revenues for this district will be incorporated into future annual budget planning.

CEQA ANALYSIS
The subject residential development under consideration was determined exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to Government Code 565457 at the time of project approval. The development was determined consistent with the adopted Gossamer Grove (formerly Coberly West) Specific Plan and within the scope of the Program Environmental Impact Report (EIR) that was certified for the Coberly West Specific Plan (SCH No. 2004101029). The certified Program EIR adequately describes the activity of the residential development as adopted under the Gossamer Grove Specific Plan. Therefore, the proposed activity is exempt from CEQA because it applies only to the same approved residential development.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
The Council can direct staff to form a new lighting and landscape district rather than annexing the three phases of Tract 7388 into an existing district. This alternative would likely not impact the recommended assessments or change the process needed to approve the assessments. Annexations into a current district at least improve the efficiencies of district operations and the annual renewal processes for staff. The Council can also direct staff not to include the tract in an assessment district if there is a concern about burdening new residents with high property taxes. However, this alternative would place the financial burden of maintaining public improvements such as landscaping, street lighting, and block walls on the City's General Fund, which is only sustainable with new sources of revenue. Based on these considerations, alternative action is not recommended.

NEXT STEPS
Upon adoption of Resolution 2905, an engineer's report for the district annexation will be prepared and brought before the Council for approval at a future meeting. After approval of the engineer's report, a public hearing on the proposed annexation can be noticed and conducted before ordering the annexation.

ATTACHMENTS

1. Resolution 2905

RESOLUTION NO. 2905

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF TRACT 7388 PHASE I-III INTO LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. LL001-2015
WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment Districts; and
WHEREAS, the City Council determined that the public interest, convenience, and necessity require the installation, operation, and maintenance of landscaping and lighting improvements and, therefore, the City formed a Landscape & Lighting District for the first development phases of the Gossamer Grove Specific Plan in the City of Shafter, County of Kern, State of California, entitled LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO.

LL001-2015 (“District”); and
WHEREAS, the District was initially formed for the benefit of parcels within the first development phases of the Gossamer Grove Specific Plan; and WHEREAS, the landscaping and lighting improvements would also benefit parcels of land within Tract 7388 Phase I-III, located adjacent to the first development phases of the Gossamer Grove Specific Plan in the City of Shafter, County of Kern, State of California; and WHEREAS, the City Council has determined that, to finance the installation, operation, and maintenance of landscaping and lighting improvements which benefit Tract 7388 Phase I-III should be annexed to the District; and
WHEREAS, not only will annexing Tract 7388 Phase I-III into the existing district ensure that all benefitting parcels share equally in the costs to maintain the improvements, but consolidating the benefitting developments into a single assessment district will facilitate their management by the City; and
WHEREAS, the proceedings for the annexation of Tract 7388 Phase I-III to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND

ORDERED BY THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA, AS FOLLOWS:

SECTION 1. The City Council proposes to annex Tract 7388 Phase I-III into LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. LL001-2015 formed by the City Council for the City of Shafter through Resolution No. 2446 on February 16, 2016 and pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highways Code).

SECTION 2. The property proposed to be annexed and to be specifically charged

Shafter City Council Resolution 2905
February 21, 2023

for the improvements shall include all of the land identified as Tract 7388 Phase I-III and generally located West of Gossamer Grove Blvd between Seventh Standard Rd. and Stone Creek Dr., in the City of Shafter, County of Kern, and shall be designated “LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LL001-2015, ANNEXATION #7”
SECTION 3. The Improvements which are provided for the property within LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. LL001-2015 and which shall be provided for the property within LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. LL001-2015, ANNEXATION #7 (Tract 7388 Phase I-III) by and through the assessments levied annually thereon shall include the following:
(a) the installation or construction of public lighting, facilities, including, but not limited to, street lights;
(b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands;
(c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (c) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and
(e) the maintenance and servicing of any of the foregoing.

SECTION 4. The Public Works Director, or his/her designee, of the City of Shafter is hereby designated the engineer for the annexation proceedings. The City Council hereby directs the engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, as required by Chapter 2 of Part 2 of Division 15 of the Landscaping and Lighting Act of 1972.

PASSED, APPROVED AND ADOPTED this 21st day of February 2023. _______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Kevin Harmon, City Engineer
SUBJECT: ACCEPT VARIOUS DEDICATIONS OF EASEMENTS AND

RIGHTS OF WAY ASSOCIATED WITH THE RECORDATION OF
PARCEL MAP 12152

RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; and accept the following dedications from Tad William Edwards and Kimberley Joy Edwards, owners of the property to be subdivided and recorded as Parcel Map 12152:
1) Street & Public Utility Easement for both Zerker Road and New Kapitell Court; 2) Easements for Public Utilities under, on, or over those certain strips of land lying directly adjacent to the front and/or sidelines of the proposed parcels for Parcel Map 12152;
3) Easement for Flowage and Drainage Purposes across Parcel 1 of Parcel Map 12152 (Storm Drain);
4) Easement for Flowage and Drainage Purposes on Parcel A of Parcel Map 12152 (Drainage Basin);
5) Easement for Sewer Line Purposes on south property line of Parcel 2 of Parcel Map 12152;
And Direct the Clerk of the Council to endorse upon the face of Parcel Map 12152 authenticated by the seal of the City Council of the City of Shafter.

BACKGROUND
Parcel Map 12152 is located on Zerker Road south of Lerdo Highway at the intersection of Zerker Road and New Kapittel Court. The property owners, Tad and Kimberly Edwards, are preparing a parcel map to create five parcels for future industrial or commercial use. JS Ag Packaging, Inc. currently occupies what would end up as Parcel 1 of the new map. The remaining development of the parcels requires widening Zerker Road and constructing a culdesac at the end of New Kapittel Court. City and miscellaneous utilities also need to be extended to support future development.

ANALYSIS
Staff reviewed proposed street dedications for Zerker Road and New Kapitell Court and easements for public utilities, sewer, and storm drain outside the proposed street rights

ACCEPT VARIOUS DEDICATIONS OF EASEMENTS AND RIGHTS OF WAY ASSOCIATED WITH THE RECORDATION OF PARCEL MAP 12152
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of way. All proposed public dedications substantially comply with the approved tentative parcel map. Before the acceptance and recordation of Parcel Map 12152, the City Council must authorize the acceptance of all dedications of public right of way for street and public utility purposes.

FISCAL IMPACT
None. Costs to prepare and facilitate the required dedications for Parcel Map 12152 are funded by existing City operational budget and the landowners providing the dedications.

CEQA ANALYSIS
Per Section 15304 of the California Environmental Quality Act Guidelines (Minor Alterations in Land Use Limitations), the action is the approval of minor easement dedications that would not result in any changes in land use and density and are found on lands with slopes less than 20%. Therefore, the action is exempt from CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
There are no alternatives for the Council to consider. The dedications fulfill City requirements for recording Parcel Map 12152 and should be accepted by the Council.

NEXT STEPS
Upon Council approval, the parcel map and supporting dedications will be executed by the appropriate staff and recorded.

ATTACHMENTS

1. Parcel Map 12152 Easement Map

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: COUNCIL APPROVAL OF GRAFFITI ABATEMENT EQUIPMENT PURCHASES IN THE AMOUNT OF $37,800

RECOMMENDATION
Council:

1. Find the requested action is exempt from the California Environmental Quality Act;

2. Approve cost proposals submitted for the following graffiti abatement equipment:

1. One (1) Trailer from Coalition Trailer in the amount of $5,500

2. One (1) Air Compressor from Northern Tool & Equipment in the amount of $6,100

3. One (1) Arrow Board from Traffic Management Products, Inc. in the amount of $14,100

4. One (1) Pressure Washer from Williams Cleaning Systems in the amount of $12,2005; and

3. Authorize the Public Works Director to award purchases for said equipment.

BACKGROUND
Staff researched abatement equipment and programs in response to the significant increase in graffiti at private and public properties over the past several months. Among the research conducted were meetings with staff members at the City of Bakersfield, which has managed a very responsive and successful abatement program for several years. They operate specialized vans fully equipped to respond to and paint over graffiti, which includes a paint-matching system for the most desirable outcome. Their fleet also includes trucks equipped to primarily powerwash out graffiti.

ANALYSIS
Based on input provided by Bakersfield staff and informal quotes received from vendors, full-service vans or trucks or graffiti abatement are expected to cost at least $200,000. Because the anticipated volume of service requests in Shafter would likely not come close to what Bakersfield manages, staff has focused on a smaller, more modest abatement strategy. This includes equipment that can be purchased separately but used just as effectively while being able to be used for other tasks and services.

COUNCIL APPROVAL OF GRAFFITI ABATEMENT EQUIPMENT PURCHASES IN THE AMOUNT OF $37,800
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The equipment package envisioned is a tow trailer equipped with the following:

1. Color Matching System

2. Air Compressor

3. Traffic Arrow Board

4. Pressure Washer
To date, the following quotes were obtained to purchase the necessary pieces of the equipment package:

Equipment Type Vendor
Quoted
Price
Trailer Coalition Trailer $5,490.79
Air Compressor Northern Tool & Equipment $6,099.00
Arrow Board Traffic Management Products, Inc. $14,046.25 Pressure Washer Williams Cleaning Systems $12,181.14
Total of Quotes$37,817.18

FISCAL IMPACT
The graffiti abatement equipment costs can be funded without budget action by the Council. Earlier this fiscal year, the Council authorized the sale of surplus refuse trucks to American Refuse for a total purchase price of $200,000. This sale has since been completed and the proceeds are available to invest in new equipment. Among the equipment identified by staff at that time of surplus truck sale recommendation was graffiti removal equipment.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is Council approval to allow the purchase of graffiti abatement equipment. Therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and is not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
The Council can reject the requested action and direct staff to pursue bids for a fullservice van or truck to purchase and use specifically for graffiti abatement. However, primarily because of the much higher cost and limited use for such a unit, staff does not recommend this alternative action.

COUNCIL APPROVAL OF GRAFFITI ABATEMENT EQUIPMENT PURCHASES IN THE AMOUNT OF $37,800
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NEXT STEPS
Upon Council authorization, staff will proceed with equipment purchase awards. Funding staff and other operational costs to respond to graffiti service requests should be addressed in the mid-year budget process for Fiscal Year 2022- 2023 and the development of the Fiscal Year 2023-2024 budget.

ATTACHMENTS

1. Quotes for Graffiti Abatement Equipment