.
T
O: Honorable Mayor and Council Members
F
ROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager
Tom Schroeter, City Attorney
D
ATE: August 30, 2022
SU
BJECT: Adopt a Resolution Authorizing the Deferral of Development Impact Fees for Popular Place Family Apartment Project for the construction of a new multi-family development consisting of 36 units as Approved in Site Plan Review (SPR) 21-000424, Asse ssor’s Parcel Number 48 7-040-59 as Provided for Under Title 13 of the Wasco Municipal Code and Government Code Section 66007.
Recommendation:
Staff recommends a doption of a resolution authorizing the deferral of development impact fees for the Popular Place Family Apartment Project for the construction of a new multi-family development consisting of 36 units as Approved in Site Plan Review (SPR) 21- 000424, Assessor’s Parcel Number 487-040-59 as Provided for Under Title 13 of the Wasco Municipal Code and Government Code Section 66007.
Background:
The Popular Place Family Apartment Project (AKA “Smoke Tree Apartments) was approved on November 16, 2021, with Conditions of Approval. One of the conditions was for the applicant to obtain a water will -serve letter, which is currently contingent upon the completion of Water Well #13 . The project consists of a 36-unit apartment complex on approximately 2.42 acres. The project site is located on Poplar Avenue, north of State Route (SR) 46, in the City of Wasco.
As
the project is nearing the construction phase and before the issuance of certificates of occupancies, the developer has requested a deferral of the development impact fees that would normally be paid before a building permit is issued . The Development Impact Fees consist of the following: Quimby/Park, Water , and Sewer Connections, Sanitation, and Traffic Impact Fees.
D
iscussion:
The fees requested for deferral are the following: Quimby/Park, Water, and Sewer Connections, Sanitation, and traffic impact fees.
STAFF REPORT
City of Wasco
1 of 70
Government Code 66007 and the City of Wasco Municipal Code, Chapter 13.24, Traffic Impact Fee Ordinance, Chapter 13.10, Water Impact Fee Ordinance, and Chapter
13.16, Sewer Connection Charges Ordinance and 13.06.050 allow for the deferral of payment of impact fees. Chapter 13.24.100 of the Wasco Municipal Code requires the City Council to make certain findings for deferral.
These findings include the following:
1. Th
at the current state of the city is such that the deferment of the impact f
ees required by Chapter 13.24 will stimulate the economy and enhance t
he provision of jobs; and
2. The deferment of the impact fees required by Chapter 13.24 will not materially affect the ability of the city to deliver its capital improvement program.
Staff believes these findings can be made for the project given the City's desire to stimulate housing production and the local economy and be business friendly. The deferral of these fees will only be deferred to the final inspection and issuance of a Certificate of Occupancy for each building, so this deferral will not materially affect the City's ability to implement its capital improvement program.
Fiscal Impact:
There is negligible fiscal impact incurred through fee deferral. The deferred fees will still be available for use in implementing programmed park, traffic, water , sewer, and sanitation improvements, delayed until the connections are made , or the project is completed.
Attachments:
• Resolution
• AMG & Associates Request
• Approval Letter- Site Plan Review
2 of 70
RESOLUTION NO. 2022 -
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE DEFERRAL
OF DEVELOPMENT IMPACT FEES FOR THE POPULAR PLACE FAMILY APARTMENT PROJECT FOR THE CONSTRUCTION OF A NEW MULTI-FAMILY DEVELOPMENT CONSISTING OF 36-UNITS AS APPROVED IN SITE PLAN REVIEW (SPR) 21-000424, ASSESSOR’S PARCEL NUMBER 487-040-59 AS PROVIDED FOR UNDER TITLE 13 OF THE WASCO MUNICIPAL CODE AND GOVERNMENT CODE SECTION 66007.
WH
EREAS, Alexis Gevorgian, Managing Member (AMG & Associates, LLC) on behalf of Popular Place Family Apartment Project , has requested deferral of payment of development impact fees: Quimby/park fees, water , and sewer connection fees, sanitation and traffic impact fees to the time of final inspection or issuance of a Certificate of Occupancy for this project; and
WH
EREAS, Government Code Section 66007 prohibits collection of fees or charges on residential development for the construction of public improvements or facilities until the date of the final inspection or issuance of a certificate of occupancy, whichever occurs first, except that utility service fees may be collected at the time of application for utility service; and
WH
EREAS, Wasco Municipal Code Sections 13.10.050 and 13.16.030 allow for the deferral of water and sewer impact fees to a later date by resolution and Municipal Code Sections 13.06.050 and 13.24.100(C) allow for the deferral of sanitation and traffic impact fees by resolution; and
WH
EREAS, the City Council finds that the current state of the city is such that the deferment of the impact fees will stimulate the housing production and economy and enhance the provision of jobs, and will not materially affect the ability of the city to deliver its capital improvement program.
NOW
THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SEC
TION 1: That the foregoing recitals are true and correct and are incorporated herein by this reference.
SEC
TION 2: That the development impact fees be paid in accordance with the City of Wasco Municipal Code and pursuant to Government Code Section 66007(a) prior to final inspection or issuance of the certificate of occupancy, whichever occurs first.
S
ection 3: With regard to the traffic impact fee and pursuant to Wasco Municipal Code Section 13.24.100.C.4, a penalty is imposed equal to 100% of the amount of 3 of 70
the traffic impact fees on the Developer if the Developer fails to pay the impact fees by the point in time specified herein.
Section 4: That in the event the Developer fails to pay the traffic impact fees by the point in time specified herein, the Developer shall further forfeit the future right to defer such fees on the remaining Development parcels.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 202 2 - was passed and adopted by the Council of the City of Wasco at a Special meeting thereof held on August 30,2022 by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
GILBERTO REYNA,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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PO Box 260770
Encino, California 91316
Land Planning, Finance & Development
Tel. 818-380-2600
Fax. 818-380-2603
July 14, 2022
Keri Cobb
Community Development Director
City of Wasco
815 4th Street
Orland, CA 95963
Re: Developmental Impact Fee Deferral Request for Poplar Place Family Apartment Project Ms. Cobb,
As the applicant for the development of the Poplar Place Family Apartment Project (the “Project”), pursuant to California Government Code subsection 66007(a), I would like to formally request the deferral of developmental impact fees for each building included in the Project’s development, to be paid in full upon their respective issuances of certificates of occupancies. Our funding sources for this development consist heavily of governmental subsidies; correspondingly, our access to capital is both periodic and variable as it follows a draw structuring. For this reason, our financing arrangement and timeline would be most compatible with deferred impact fees.
The Project provides a combination of 20 two-bedroom and 16 three-bedroom units, distributed throughout 4 residential buildings. Specifically, this development will include 1 type A building that will hold 4 three-bedroom units and 8 two-bedroom units, as well as 3 type B buildings that will each hold 4 three-bedroom and 4 two-bedroom units.
The Project also furnishes an 1,862 square foot community building.
Thank you for your consideration in this matter. We look froward to working with the City of Wasco to bring this Project to fruition.
Sincerely,
Alexis Gevorgian
Managing Member, AMG & Associates, LLC
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5S
C
C
5S
C
C
BLDG. TYPE B
BLDG. TYPE B
BLDG. TYPE B
KEYNOTE SITE PLAN
SCALE: 1" = 20'-0"
N POPLAR AVENUE
COMMUNITY BLDG.
ALASKA - ARIZONA - CALIFORNIA - COLORADO - HAWAII - IDAHO -
LOUISIANA - MONTANA - NEVADA - NEW MEXICO - NORTH DAKOTA - OREGON - SOUTH DAKOTA - U.S.V.I. - UTAH - WASHINGTON - WYOMING
COPYRIGHT DATE
DRAWN BY
PROJECT #
04-28-22
AMG21-12
BP/RJM
COPYRIGHT BY PACIFIC WEST
ARCHITECTURE
THIS DRAWING CONTAINS INFORMATION WHICH IS THE
PROPRIETARY PROPERTY OF DOUGLAS L. GIBSON. NO
UNAUTHORIZED REUSE OR DUPLICATION OF THESE
PLANS OR ANY INFORMATION CONTAINED HEREIN
WITHOUT THE EXPRESS WRITTEN CONSENT OF DOUGLAS
L. GIBSON. THIS DRAWING IS NOT TO BE USED FOR
CONSTRUCTION UNTIL IT IS SIGNED BY THE ARCHITECT.
Pacific West Architecture
430 E. STATE STREET, SUITE 100
EAGLE, IDAHO 83616
(208) 461-0022
fax (208) 461-3267
©
PROJECT
WASCO, CALIFORNIA401 N POPLAR AVENUE
BUILDING PERMIT SET
REVISIONS
POPLAR PLACE
BLDG. TYPE A
A1.1B
KEYNOTE SITE PLAN
KEYNOTES
1. 2-SIDED, LIGHTED MONUMENT SIGN (1) LOCATION. RE: 1/A1.3 AND DEFERRED SUBMITTALS.
2. TRASH ENCLOSURE (2) LOCATIONS PER CITY STANDARDS. RE: 6 & 7/A1.3.
3. PAINTED CROSSWALK, TYPICAL. (2) LOCATIONS.
4. PROPERTY LINE. RE: CIVIL DRAWINGS.
5. COVERED PICNIC TABLE W/ (2) BBQ. PERGOLA CONSTRUCTED OF NON-COMBUSTIBLE MATERIAL. RE: 11/A1.3 AND 9/A1.4. RE: DEFERRED SUBMITTALS.
6. 5'-0" WIDE SIDEWALK W/2% MAX. CROSS-SLOPE TYPICAL.
7. 6'-0" WIDE SIDEWALK W/2% MAX. CROSS-SLOPE ALONG ALL PARKING AREAS TYPICAL.
8. USPS MAIL STATION. RE: DETAIL 2/A3.1A AND DEFERRED SUBMITTALS FOR USPS BOXES. (1) LOCATION.
9. VAN ACCESSIBLE PARKING SPACE (2) LOCATIONS.
10. ON-SITE LAUNDRY FACILITY LOCATED WITHIN COMMUNITY BUILDING. RE: A3.1A.
11. FUTURE ELECTRIC VEHICLE CHARGING STATION SPACE. (8) SPACES REQUIRED (8) PROVIDED WHERE INDICATED. SEE ELECTRICAL DRAWINGS FOR POWER REQUIREMENTS AND DETAILS 1, 2 & 3/A1.6.
12. LONG-TERM, SECURED BICYCLE STORAGE PARKING FOR (6) BICYCLES. RE: SITE DATA.
13. BENCH BY KEYSTONE TYPICAL (5) LOCATIONS. RE: 4/A1.4.
14. SECURE, SHORT-TERM BICYCLE STORAGE BY MEANS OF PERMANENT BICYCLE RACK (4) LOCATIONS FOR (16) BICYCLES. RE: 3/A1.4.
15. PROVIDE NEW 6'-0" HIGH, CHAINLINK PERIMETER FENCING ALONG DRAINAGE SUMP BOUNDARY. RE: M4/C2.2 CIVIL DETAILS.
16. LIGHTED CARPORT BY CARPORT VENDOR. RE: 6 & 7/A1.4. CARPORT TO COMPLY W/ 2019 CBC, SECTION 1109A.8.1, TYPICAL. CROSS-HATCH INDICATES SOLAR PANELS TO BE PROVIDED ON ROOF STRUCTURE. RE: DEFERRED SUBMITTALS FOR BOTH CARPORTS AND SOLAR.
17.(2) BEDROOM ACCESSIBLE DWELLING UNIT (3) LOCATIONS. RE: A2.0 SERIES UNIT PLAN SHEETS.
18.(3) BEDROOM ACCESSIBLE DWELLING UNIT (3) LOCATIONS. RE: A2.0 SERIES UNIT PLAN SHEETS.
19.(3) BEDROOM SENSORY DWELLING UNIT (2) LOCATIONS. RE: A2.0 SERIES UNIT PLAN SHEETS.
20.(2) BEDROOM SENSORY DWELLING UNIT (2) LOCATIONS. RE: A2.0 SERIES UNIT PLAN SHEETS.
21.TOT LOT ON FALL-SAFE MATERIAL W/6" HIGH CONCRETE CURB CONTAINMENT. SEE DRAWING SHEET T1.1B FOR LIST OF DEFERRED SUBMITTALS. RE:
8/A1.4 FOR TOT LOT RAMP.
22.CLEAN AIR VEHICLE PARKING SPACE. (8) SPACES REQUIRED / (8) SPACES PROVIDED. RE: 8/A1.3.
GENERAL NOTES
A.
SEE CIVIL AND LANDSCAPE PLANS FOR DIMENSIONAL LAYOUT OF ALL BUILDINGS, PARKING AREAS, BOUNDARY INFORMATION, WALKS AND ADDITIONAL SITE DETAILS AND INFORMATION. THE DRAWINGS PROVIDED SHALL NOT BE USED FOR DIMENSIONAL LAYOUT.
B. SEE LANDSCAPE PLANS FOR ALL WALKWAYS, DECORATIVE OR ACCENT PAVERS, PLANTERS AND SITE AMENITY DETAILS.
C. REFER TO CIVIL DRAWINGS, PERMITTED SEPARATELY, FOR ANY PUBLIC OR PRIVATE STREET IMPROVEMENTS.
D. COORDINATE SITE LIGHTING LAYOUT WITH ELECTRICAL DRAWINGS, LANDSCAPE DRAWINGS AND CIVIL DESIGN.
E.
PROVIDE FIRE LANE SIGNAGE AND MARKINGS AS REQUIRED AND APPROVED BY THE FIRE DEPARTMENT.
F. BUILDING IDENTIFICATION AND DIRECTIONAL SIGNAGE WHEN PROVIDED SHALL BE AS APPROVED BY THE CITY BUILDING DEPARTMENT AND LOCAL FIRE OFFICIALS.
G. CONTRACTOR SHALL SUBMIT PROJECT DIRECTORY SHOP DRAWINGS TO ARCHITECT FOR OWNER APPROVAL.
H.
APPROVED NUMBERS OR ADDRESSES SHALL BE PLACED ON ALL BUILDINGS IN SUCH A POSITION SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY. SAID NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND. UNIT NUMBERS SHALL BE AFFIXED NEAR THE MAIN ENTRANCE OF EACH OCCUPANCY IN SUCH A POSITION SO AS TO BE PLAINLY VISIBLE AND LEGIBLE. LOCATIONS TO BE APPROVED BY THE BUILDING DEPARTMENT.
I. FIRE DEPARTMENT ACCESS AND FIRE HYDRANTS MUST BE PROVIDED AND MAINTAINED SERVICEABLE PRIOR TO AND DURING CONSTRUCTION.
PROVIDE EMERGENCY TELEPHONE ON THE JOB SITE PRIOR TO INITIATION OF CONSTRUCTION.
J. A SEPARATE PERMIT IS REQUIRED PRIOR TO INSTALLATION OF ANY FIRE PROTECTION SYSTEM OR COMPONENT. SUBMIT REQUIRED QUANTITY OF FIRE PROTECTION SHOP DRAWINGS, CALCULATIONS AND SPECIFICATIONS TO THE CITY BUILDING DEPARTMENT FOR REVIEW AND APPROVAL.
K. THE INSPECTION, HYDROSTATIC TEST, AND FLUSHING OF THE FIRE PROTECTION SYSTEM SHALL BE WITNESSED BY THE BUILDING INSPECTOR FIRE SPECIALIST AND NO PIPING SHALL BE COVERED OR HIDDEN FROM VIEW UNTIL INSPECTION IS COMPLETED. ALLOW 48 HOURS MINIMUM FOR SCHEDULING AND INSPECTION.
L. FOR ACCESSIBLE PATH OF TRAVEL, SEE SITE DIAGRAM SHEET A1.2.
M. WHERE ACCESSIBLE PARKING SYMBOLS ARE SHOWN, THEY SHALL BE PER CITY REQUIREMENTS IN STALLS WHERE SHOWN PER STRIPING, COLOR AND SIZE CONFIGURATIONS AS APPROVED.
N. WHERE NOTED AS FUEL EFFICIENT STALLS, PAINT THE WORDS "CLEAN AIR VEHICLE" IN 8 INCH HIGH MINIMUM, WHITE LETTERS. WORDS TO ALIGN WITH THE END OF THE STALL STRIPING AND BE VISIBLE BENEATH PARKED VEHICLE.
O. FIRE LANES SHALL BE PAINTED RED WITH WHITE STENCILED PAINT SAYING, "FIRE LANE" AND "NO PARKING" IN WHITE. REVIEW LOCATION AND SIZE WITH LOCAL FIRE DEPARTMENT CHIEF.
P. SEE CIVIL DRAWINGS FOR ALL DEMOLITION ITEMS. PROTECT EXISTING ADJACENT PROPERTY AND ALL EXISTING SITE AMENITIES TYPICAL.
23. SITE ENTRANCE SIGN (2) LOCATIONS. RE: 12/A1.3. RE: DEFERRED SUBMITTALS.
24. DRAINAGE DETENTION AREA. RE: CIVIL DRAWINGS.
25. SITE LIGHTING. RE: ELECTRICAL SITE PLAN.
26. FIRE HYDRANT. RE: CIVIL DRAWINGS. (2) LOCATIONS.
27. FIRE SPRINKLER RISER ROOM. RE: BUILDING PLANS.
28. PROVIDE 57'-6" X 28'-10" HALF-COURT BASKETBALL COURT. RE: DEFERRED SUBMITTALS.
29. MAP AND SITE DIRECTORY SIGN (2) LOCATIONS. RE: SPECIFICATIONS & DEFERRED SUBMITTALS. RE: DETAIL 10/A1.3.
30. PROVIDE NEW 4'-0" HIGH, WROUGHT IRON PERIMETER FENCING AT DOG PARK WITH STEEL POSTS SET IN CONCRETE CURBING. RE: DETAIL 2/A1.4.
31. PROVIDE NEW WROUGHT IRON GATES AT DOG PARK. RE: DETAIL 1 & 11/A1.4.
32. TYPICAL ADA PARKING AREA PER DETAIL 9/A1.3.
33. TRASH CAN BY VENDOR (9) LOCATIONS.
34. PROVIDE CURB RAMP PER DETAIL 5/A1.3 OR SIMILAR CONFIGURATION.
35. SIDEWALK RAMP AT ACCESS AISLE PER DETAIL 9/A1.3.
36. ADJACENT PROPERTY. PROTECT DURING CONSTRUCTION.
37. BUILDING SET BACK LINE.
38. EXISTING POWER AND/OR LIGHT POLE TO REMAIN. PROTECT. RE: CIVIL DRAWINGS.
39.ELECTRICAL TRANSFORMER AND/OR SPLICE BOX. RE: JOINT TRENCH & SITE ELECTRICAL PLANS.
40.EXISTING UNDERGROUND UTILITIES. PROTECT AND USE CAUTION FOR ADJACENT WORK.
41.NEW UNDERGROUND UTILITIES PER CIVIL/ELECTRICAL/JOINT TRENCH DRAWINGS.
42.NEW SITE ACCESS POINT PER CITY STANDARDS. RE: CIVIL DRAWINGS.
43.EXISTING PAVEMENT EDGE WITHIN RIGHT OF WAY. PROTECT. RE: CIVIL DRAWINGS & SITE SURVEY.
44.ACCESSIBLE PARKING SIGN (10) LOCATIONS. RE: DETAIL 13/A1.3. ADD AT ALL ACCESSIBLE PARKING STALLS.
45. PROVIDE MIN. 6 FT X 8 FT ENTRY VESTIBULE AND 6 FT X 10 FT CONCRETE SLAB WITHIN DOG PARK WITH MATCHING FENCE. RE: 1/A1.2.
46. PROVIDE 34 FT. X 44 FT. DOG RUN AREA W/4" HIGH METAL EDGING INSIDE OF FENCE & DECOMPOSED GRANITE INTERIOR SURFACE.
47. TURN NEW CMU WALL 90 DEGREES AND ABUT EXISTING CMU WALL WITH EXPANSION JOINT FOR FINISHED CONDITION. RE: CIVIL DRAWINGS.
48. PROVIDE MAINTENANCE RAMP ALLOWING FOR ACCESS TO DRAINAGE DETENTION AREA. RE: CIVIL DRAWINGS FOR DETAILS.
49. PROVIDE 6'-0" HIGH CMU WALL PAINTED TO MATCH ADJACENT BUILDINGS WITH OFFSET FOOTING TO PROJECT SIDE OF PROPERTY LINE TYPICAL. RE: 13/A1.4 AND CIVIL DRAWINGS FOR STRUCTURAL DESIGN.
50. EXISTING CONCRETE SIDEWALK TO REMAIN. TIE IN WITH NEW SIDEWALK AS REQUIRED. RE: CIVIL DRAWINGS.
51. SECTION OF EXISTING CMU WALL AND FOOTING TO BE REMOVED COMPLETE. RE: CIVIL DRAWINGS FOR EXTENT. REMOVE (1) COURSE BEYOND
DIMENSIONED LENGTH OF DEMO, TOOTH IN NEW SPLIT-FACED UNITS TO MATCH EXISTING, DOWEL INTO REMAINING WALL AND FOOTING AND SOLID GROUT CELLS.
52. EXISTING CMU WALL TO REMAIN. PRESSURE WASH ENTIRE WALL, REPAIR SLOPED CAP AND JOINTS AS REQUIRED.
53. REPAIR DAMAGED PORTION OF EXISTING CMU WALL. CUT OUT DAMAGED UNITS, TOOTH IN NEW UNITS AND SOLID GROUT CELLS SURROUNDING UNITS. TIE IN WITH MATCHING REBAR REINFORCING.
54. PROVIDE 4'-0" HIGH X 12'-0" WIDE SERVICE GATES FOR ACCESS TO DETENTION AREA. RE: M5/C2.2 CIVIL DETAILS.
55. DRAINAGE DETENTION AREA RETAINING WALL. RE: CIVIL DRAWINGS.
56. PROVIDE 6'-0" HIGH X 12'-0" WIDE SERVICE GATES FOR ACCESS TO DETENTION AREA. RE: M5/C2.2 CIVIL DETAILS.
57. PROVIDE NEW 4'-0" HIGH, CHAINLINK PERIMETER FENCING ALONG DRAINAGE SUMP BOUNDARY. RE: M4/C2.2 CIVIL DETAILS.
DWELLING UNIT HATCH
PATTERN KEY:
ADAPTABLE /
SENSORY
DWELLING UNIT
ACCESSIBLE
DWELLING UNIT
ADAPTABLE
DWELLING UNIT
1 2
2 3
3 4
4 4
4 4
4 4
4 4
4 4
5 6
6 6
6 6
6 6
6 6
6 7
7 7
7 7 6
7 7
7 7
7 7 6
7 7 7
6 6
7 77
8 9
9 10
11 11
11 11
1111
1111
12 13
13 13
14 14
14 14
16 16 16
1616
16 16 16
16 16
16 16
17 17
17 18
18 18
19 19
20 20
21 22 222222
22222222
23 23
24 27
27 27
2727
29 29
57 31
32 32
32 32
33 33
33 34
34 34
34 35
35 35
35 35
363636
36 36 36
36 36
36 37
37 37
373737
37 37
37 37 37
42 42
44 44
44 44
44 44
45 46
49 49
49 49
4949
30 7
24 33
33 13
15 15
15 3326
26 41
TYP.
41 TYP.
41 TYP.
41 41
40 40
41 TYP.
TYP.
28 48
43 43
43 43
25 41
50 50
50 39
39 52
52 52
50 51
51 38
38 53
41 41
41 41
4141
25 25
25 25
25 54
55 55
55 55
33 2 PC1-Response06/22/22
2 2
30 57
2 2
56 2
2 2
2 3 ORC90-Response -01 06/22/22
3 49
47 473 3
5 Project Coordn-01 06/22/22
5 5
BLDG #100 BLDG #200
BLDG #300
BLDG #500
BLDG #400
6 ORC90-Response -02 06/29/22
6 6
6 66
7 Current Sets Response-02 06/29/22
8 6
8 Project Coordn -02 06/29/22
7 6 of 70
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.
T
O: Honorable Mayor and Council Members
F
ROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
D
ATE: August 30, 2022
SU
BJECT: Adopt a Resolution Authorizing the City Manager to Sign a Letter Authorizing the County of Kern as the Lead Agency to Submit to the California Department of Resources Recycling and Recovery (CalRecycle) a Regional Application for the Hous ehold Hazardous Waste ( HHW) Grant Program on its behalf.
R
ecommendation:
Staff recommends the adoption of a resolution authorizing the City Manager to sign a letter authorizing the County of Kern as the lead agency to submit to CalRecycle a regional application for the Household Hazardous Waste (HHW) Grant Program on its behalf.
Ba
ckground:
The City has historically opted into the regional application for Hous ehold Hazardous Waste with the County of Kern.
D
iscussion:
It is in the best interest of the City to authorize the County of Kern to be the lead agency and submit an application on the City of Wasco's behalf for funding to CalRecycle for the support and marketing of the Household Hazardous Waste program. The City has authorized the County previously for a Used Oil program.
The California Public Resources Code Section 40141 defines “hazardous waste” as:
Household “hazardous waste” (HHW) is hazardous waste generated by residential households in the course of typical residential living functions and is defined in the California Health and Safety Code Section 25218.1 (e). It defines a “Household hazardous waste collection facility" as: a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste. Its operation may include accepting hazardous waste fr om “conditionally exempt small quantity
STAFF REPORT
City of Wasco
22 of 70
generators” (CESQG) if that acceptance is authorized pursuant to Section 25218.3 (Health and Safety Code).
Household hazardous waste collection facilities include permanent household hazardous waste collection facilities.
As the lead agency, the County manages and oversees the Household Hazardous Waste program. This program consists of the operation and oversight of certified Household Hazardous Waste centers in Kern Unincorporated areas and within the participatin g jurisdictions. The County also provides advertisement and promotion of the program, submits required reporting to the State, and covers other administrative responsibilities.
The County has larger staffing resources and capacity than the City to monitor and implement the Household Hazardous Waste program; therefore , staff recommends the City opt into the regional application as it has historically done with other programs.
Fiscal Impact:
None
Attachments:
1. Resolution
2. Correspondence from Kern County Public Works
3. Letter of Participation for Household Hazardous Waste
23 of 70
RESOLUTION NO. 2022 -
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER TO SIGN A LETTER AUTHORIZING THE COUNTY OF KERN AS THE LEAD AGENCY TO
SUBMIT TO CALRECYCLE A REGIONAL APPLICATION FOR HOUSEHOLD HAZARDOUS WASTE
GRANT PROGRAM
WH
EREAS, the City Council of the City of Wasco has limited staffing capacity and historically ops into the regional application for Hazardous Waste Program with the County of Kern; and
WH
EREAS, Public Resources Code 40141. describes the California Household Hazardous Waste as a facility operated by a public agency , among other things, funding to assist local governments in developing and maintaining an on- going Household Hazardous Waste program for their communities; and
WH
EREAS, the County of Kern acts as the lead agency and oversees the Household Hazardous Waste program; and
WH
EREAS, the City wishes to submit a letter with language attached as Exhibit “A” to authorize the County of Kern as the Lead Agency to submit to CalRecycle a regional application for the Household Hazardous waste program; and WH
EREAS, the County of Kern provides advertisement and promotion of the program, submits required reporting to the State and covers other administrative responsibilities; N
OW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SEC
TION 1: The City Manager is authorized to endorse and send a letter authorizing the County of Kern as the lead agency to submit to CalRecycle a Regional Application for the Household Hazardous Waste (HHW) Grant Program on the City of Wasco’s behalf. -o0
o-
24 of 70
I HEREBY CERTIFY that the foregoing Resolution No. 202 2 - was passed and adopted by the Council of the City of Wasco at a special meeting thereof held on August 30, 2022, by the following vote:
COUNCIL MEMBERS: Garcia, Lynch, Martinez, Palleres, Reyna AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
GILBERTO REYNA,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
25 of 70
City Manager’s Office
(661) 758-7214 Fax (661) 758-5411
746 8th Street, Wasco, CA 93280
www.cityofwasco.org
August 30, 2022
Kern County Public Works Department
Household Hazardous Waste Program Superintendent
2700 “M” Street, Suite 400
Bakersfield, CA 93301-2370
RE: Letter of Authorization
I am the City Manager of the City of Wasco. I am authorized to contractually bind the City of Wasco. Pursuant to this authority, I hereby authorize the County of Kern to submit a regional application and act as Lead Agency on behalf of the City of Wasco. The County of Kern is hereby authorized to execute all documents necessary to implement the project under the Household Hazardous Waste (HHW) Grant Program. This authorization is effective as long as the Resolution is in effect – for a period ending five years following the Board of Supervisors’ approval.
The City of Wasco supports Kern County’s discretionary grant applications for projects including, but not limited to, the following types of projects:
• HHW public education and outreach for general audiences (may include extended producer responsibility (EPR) information).
• Implementation of sustainable EPR collection opportunities, to include but not be limited to:
o Promotion of an ongoing retail take-back program such as batteries or fluorescent lamps at local hardware stores, businesses, or government facilities.
o Promotional collection events hosted at businesses or government facilities.
o Promotional public education and outreach materials specifically for local retail take-back programs.
• Set up and operation of temporary or mobile collection program for one-day or multi-day collection events.
• Minor improvements to an existing HHW facility. (Examples include but are not limited to: storage bins, signage, painting, paving, shelving, etc.) • Purchase of personal protection equipment and/or 8- hour refresher Hazardous Waste Operations and Emergency Response Standards (HAZWOPER) training. • Construction of a new Permanent HHW Collection Facility or Recycle -Only HHW Collection Facility.
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The City has been participating in the County’s regional household hazardous waste program since 1992. We remain committed to promoting and providing full support of the household hazardous waste services provided by the County’s regional program. These project types will enhance the implementation of the programs selected in the City’s Household Hazardous Waste Element and provide an important service to all city and county residents.
M. Scott Hurlbert, City Manager
746 8
th Street, Wasco, CA 93280
661- 758-7215
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
DATE: August 30, 2022
SUBJECT: Adopt a Resolution Authorizing the City Manager or his designee to fully Execute a Communications Site Lease Agreement with UnWired Broadband, LLC.
Recommendation:
Adopt a Resolution Authorizing the City Manager or his designee to fully Execute a Communications Site Lease Agreement with unWired Broadband, LLC., subject to final corrections and approval by unWired and the City Attorney.
Discussion:
There are 14 communications antennae installed on the City’s water tower located near 8th Street and E Street. The installation was initiated under a January 20, 2009 agreement that was ultimately assigned to unWired Broadband, LLC. The 2009 agreement ran its term and now is handled on a month-to-month basis. unWired has expressed an interest in continuing the arrangement through a new 5- year L ease with up to five, 5 -year extensions. The new Lease provides an initial monthly rent of $1,678.27 and 3% annual escalators.
The proposed new Lease has been reviewed and updated by the City Attorney and also provides for an increase in the number of antennae (and monthly rent) subject to the approval of a Structural and Wind-Loading Analysis. Under this Lease, the City retains the ability to operate its lighting system and add its own equipment to the water tower as long as it does not interfere with the unWired equipment.
Fiscal Impact:
Renewal of this Lease provides a revenue stream from the City’s water tower asset of approximately $20,000.00 annually plus yearly rental increases for up to 30 years.
Attachments:
1. Resolution
2. Lease Agreement - Draft
STAFF REPORT
City of Wasco
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RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN THE CITY OF WASCO AND UNWIRED BROADBAND, LLC.
WHEREAS, the City of Wasco entered into a five year Site Lease Agreement on January 20, 2009 to lease space on the City’s water tower for wireless communication equipment, and that lease was ultimately assigned to unWired Broadband, LLC.; and WHEREAS, unWired Broadband, LLC. and the City of Wasco wish to continue the site lease under a new Communication Site Lease Agreement attached hereto as Exhibit “A”; and
WHEREAS, said agreement shall be governed by and construed in accordance with the laws of the State of California.
N
OW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:
SEC
TION 1: That the City Council approves the Communication Site Lease Agreement between the City of Wasco and unWired Broadband, LLC. as attached hereto as Exhibit “A”.
Section 2: The City Council hereby authorizes and directs the City Manager or his designee to execute the approved Communication Site Lease Agreement with Unwired Broadband, LLC., and any other related documents thereto subject to the final corrections and approval of the City Attorney.
-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a special meeting thereof held on August 30, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
GILBERTO REYNA
MAYOR of City the Wasco
Attest: _______________
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE AGREEMENT (“Lease”) dated with an effective date of [month] 01, 2022, is between unWired Broadband, LLC., a California Limited Liability Company (“Lessee”), and the City of Wasco, a California Municipal Corporation (“Lessor”).
N OW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. Premises: Lessor leases the real property located in Wasco , Kern County, California, legally described in Exhibit "A" attached hereto and made a part hereof and having Assessor's Parcel Number 030-130-04 and commonly known as Wasco Water Tower at 764 E Street Wasco, CA 93280, coordinates 35.59319, -119.33466 (sometimes ''Lessor's Property ” or the “Water Tower"). Subject to the terms and conditions outlined in this Lease, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, a portio n of the Water Tower as depicted on Exhibit "B" attached hereto and made a part hereof ("Premises"). Lessee accepts the Premises “AS IS, WHERE IS, AND WITH ALL FAULTS” in its existing condition and assumes the risk of use of the Premises and hereby releases Lessor from any and all claims relating to the condition of the Premises. With regard to this release, Lessee represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California and waives and releases any right or benefit which Lessee has thereunder, which section reads as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the re lease and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
2. Use: T he Premises may be used in connection with providing mobile/wireless communications services described herein, including without limitation, the transmission and the reception of radio communication signals on various frequencies.
3. Term: The initial term of this Lease (" Initial Term") shall be five (5) years commencing on [month] 01, 2022 ("Commencement Date") and ending at midnight, Pacific Time on [date], 2027. Lessee shall have five options to extend the Initial Term (the “Options”) of five years each (each an “Extended Term”). Each Extended T erm shall be on the same terms and conditions as described in this Lease. As consideration for the Options, Lessee shall pay Lessor $100.00 in immediately available funds on or before the Commencement Date . If Lessee wishes to exercise an Option, Lessee may do so provided Lessee is not then in default of any of the terms, covenants or conditions of this Lease and provided Lessee gives written notice to Lessor at least ninety (90) calendar days prior to the expiration of the Initial Term or an Extended Term, as the case may be (the “Exercise Period”). If Lessee does not exercise an Option during the Exercise Period in strict accordance with the provisions hereof, that Option and all other Options thereafter shall forever terminate and be of no further force or effect.
If Lessee holds over with Lessor’s consent, the tenancy shall be deemed a month- to-month tenancy (the “Holdover”) and shall be terminable at any time upon thirty (30) days prior 32 of 70
written notice by Lessor to Lessee. Dur ing any Holdover, Lessee shall pay rent to Lessor at the rate of 125% of the rent payable in the month immediately preceding the Holdover and same shall be payable in advance on the first day of each month commencing on the first day of the calendar month of the Holdover.
4. Rent:
a. Upon the Commencement Date, [month] 01, 2022, Lessee shall pay Lessor, as rent, the sum of One Thousand Six Hundred Seventy -Eight Dollars and Twenty-seven Cents ($1,678.27) (" Rent") per month, which shall be considered compensation for the installation of up to Fifteen (15) radio transmitting and receiving antennae and associated cable, wiring, equipment upon the Water Tower and equipment rack within the structure at the location. Lessee is also leasing an additional 3’x4’ space near the Northwest Water Tower leg, on the Northwest side of the current shed being utilized (see Exhibit B, pg. 1 for reference). Rent shall be payable on the 1st day of each month, in advance, to Lessor at Lessor's address specified in Paragraph 17 of this Lease. b. Lessee shall have the right to install additional antennae on t he Water Tower, subject to the results of a Structural and Wind-Loading Analysis report (the “Structural Report”) for the tower railing only, showing sufficient capacity for the proposed additional antennae.
The cost of the Structural Report shall be the s ole responsibility of Lessee. S tarting with antenna #16, Rent shall be increased by Seventy-five Dollars ($75.00) per month, effective the first of the month following the initiation of installation, per additional antenna placed upon the Water Tower . Lessee shall notify Lessor by phone or e -mail at least 24 hours prior to initiating installation. Lessee shall repair, at its sole cost and expense, any damage caused by such installation to the reasonable satisfaction of Lessor and within ten (10) business days from notification of the damage from Lessor, except for reasonable wear and tear and damages beyond the control of Lessee, provided, however, that if the repair cannot reasonably be done within ten (10) business days, Lessee shall complete the repair within a reasonable time thereafter provided Lessee diligently pursues the repair to completion.
c. Rent shall be increased by three percent ( 3.0%) yearly on the anniversary of the Commencement Date, beginning [month] 0 1, 2023 and continuing annually thereafter including, without limitation, for each Extended Term.
d. In the event any Rent or any other amount owed to Lessor herein is not received by Lessor by the tenth (10th) day of any month, a delinquency charge, equal to ten pe rcent (10%) of the outstanding amount due shall be paid by Lessee to Lessor concurrently with payment of the delinquent rental installment. If a delinquency charge is payable by Lessee more than twice in any calendar year, Lessor may, in Lessor’s sole discretion, terminate this Lease.
5. Electrical Power: Lessee shall be responsible at its sole cost and expense for Lessee’s utility expenses for the use of their equipment and operations by paying for meter# 1003855041. 33 of 70
6. I mprovements & Access:
a. Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease, to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary t ests (collectively "Tests") to determine the suitability of the Premises for Lessee's Facilities (as defined herein) and for the purpose of preparing for the construction of Lessee's Facilities , provided, however, that no Tests may be performed that have not been approved by Lessor. Lessee shall notify Lessor at least two business days prior to commencement of any proposed Tests or pre -co
nstruction work
and will coordinate the scheduling of the same with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee shall notify Lessor in writing and this Lease shall terminate effective immediately upon service of the notice on Lessor except for those obligations of Lessee specifically described herein as surviving the termination of this Lease.
b. Le
ssee, at its sole cost and expense and subject to written approval of Lessor, has the right to install, upgrade, modify, service, repair, maintain and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting , and receiving antennas, including mounting equipm ent ("Lessee's Facilities"). In connection therewith, Lessee, at its sole cost and expense and subject to prior approval by Lessor, has the right to install utility lines and transmission lines connecting antennas to transmitters and receivers. Except as o therwise described in this Lease, t itle to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee and all of Lessee's Facilities shall remain the property of Lessee and are not fixtures. Lessor shall notify Lessee in writing of the anticipated costs to Lessor for review of the foregoing proposed activities by Lessee and Lessee shall deposit the estimated amount with Lessor for payment of Lessor’s costs in reviewing Lessee’s planned activities. To the extent that Lessor’s costs are less than the estimated payment, Lessor shall promptly refund the excess to Lessee without interest. c. Lessor shall provide access to Lessee, Lessee's employees, agents, contractors, and subcontractors to the Premises twenty -four (24) hours a day, seven (7) days a week.
Lessee's exercise of its access rights shall not cause undue inconvenience to Lessor. d. Lessor grants Lessee a revocable nonexclusive license to use the existing road to access Premises during its tenancy. Lessor shall provide Lessee with required keys and/or gate codes required to access the Premises during its tenancy. e. At Lessee’s expense, Lessee shall have the right to install or improve utilities on Lessors’ Property or Premises (including, but not limited to, with the prior approval of Lessor the installation of emergency backup power or to bring utilities across Lessor’s P roperty) in order to service the Premises and Lessee’s Facilities.
f. Lessee shall remove all Lessee's Facilities at its sole expense within ninety (90) calendar days prior to the effective date of the cancellation, expiration, or termination of this Lease. Lessee shall repair, prior to termination of this Lease at its sole cost and expense 34 of 70
and to the reasonable satisfaction of Lessor , any damage to Lessor’s Property and the Premises caused by such removal and shall return Lessor’s Property and the Premises to the condition which existed on the Commencement Date, except for reasonable wear and tear and damages beyond the control of Lessee. If Lessee’s Facilities have not been removed within said ninety (90) calendar days, the Lessee’s Facilities shall be considered “Abandoned Facilities”. Should the Abandoned Facilities remain on the Lessor’s Property or the Premises for an additional ninety (90) calendar days, the City of Wasco shall have the right to remove and/or dispose of the Abandoned Facilities without further notice or obligation to the Lessee and at Lessee’s sole cost and expense. g. Lessee shall not permit any mechanics liens or other liens to be filed against the Premises or Lessor’s Property or any stop notices as a result of Lessee’s activities and Lessee agrees that it will cause any such liens so filed to be removed immediately. Lessee at Lessee’s sole cost and expense shall repair all damage to the Premises or Lessor’s Property resulting from Lessee’s activities and restore the Premises and Lessor’s Property to its condition existing immediately prior to Lessee’s activities and same shall be repaired promptly to the reasonable satisfaction of Lessor and the foregoing obligation shall survive termination of this Lease.
7. Interference with Communications : Lessor will use reasonable efforts to stop any activity upon Lessor's Property in a way that interferes with the communications operations of Lessee. If such interference occurs and if Lessor is unable to prevent it with reasonable efforts, Lessee shall have the right to terminate the Lease immediately upon notice to Lessor. Both parties will reasonably accommodate each party’s efforts to mitigate and resolve the interference with each other’s equipment.
8. T
ermination : This Lease may be terminated without further liability on ninety (90) days prior written notice: (i) by either party upon default of any covenant, condition, or term hereof by the other party, which default is not cured within ninety (90) days of receipt of written notice of default; or (ii) by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take-back of channels or change in frequencies. In addition to the remedies described herein, in the event of a default by Lessee under (i) above, the Lessor has the remedies described in California Civil Code Section s 1951.2 (a) (worth at the time of award of the unpaid Rent) and 1951.4 (Lessor may continue to lease in effect after Lessee's breach and abandonment and recover rent as it becomes due.).
9. D
amage to or Destruction of Premises :
a. If the Premises or any building comprising the Premises are damaged or destroyed by fire or other casualty and is deemed unsafe, Lessor may terminate this Lease upon written notice to Lessee. In such case, Lessor will refund to Lessee the unearned rent for the then- current month i f Lessee or its officers, directors, shareholders, agents, contractors, employees, or equipment are not the cause of the fire or other casualty. Lessor may in its sole discretion, elect to repair or construct the Premises and continue this Lease in effect, 35 of 70
in which event the monthly rent paid by Lessee shall be reduced for the part of the Premises of which Lessee is deprived; Lessee shall pay the full rental amounts required once the Premises is repaired and Lessee's ability to utilize the Premises is fully restored.
Lessor shall not be responsible for or liable to Lessee for any damages, direct, incidental, consequential, or otherwise that Lessee may suffer as a result of damage to or destruction of the Premises or Lessor’s Property.
b. Lessee shall have acces s to the Premises twenty -four (24) hours a day, seven (7) days a week to make repairs , at Lessee’s sole cost and expense, that may be necessary or advisable on account of fire or other casualty or for the maintenance of the Premises and Lessee’s Facilities.
c. Lessee shall be solely responsible for all damage that Lessee or its contractors, employees, directors, officers, shareholders, agents, or equipment may cause to the Premises or to Lessor’s Property.
10. C
ondemnation: If a condemning authority takes all of Lessor's Property or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation (which for Lessee shall include, the value of Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses, bonus value of the lease, and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with the power of eminent domain under threat of the exercise of its power of eminent domain ( e.g., the threat of condemnation), shall be treated as a taking by a condemning authority. Any award for the taking of all or any part of the Premises under condemnation or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for the diminution in value of the leasehold, for taking the property owned by Lessor, or as severance damages; provided, however, Lessee shall be entitled to any award for loss of or damage to Lessee's equipment, trade fixtures, and other personal property and, if applicable, the right to be relocated by the condemner . Notwithstanding any provision hereof to the contrary, Lessee shall have the right to assert with the condemning authority an independent claim for the value of its leasehold interest and its improvements to the Premises.
11. Ins
urance : Lessee shall maintain throughout the Term and any extension thereof the following insurance: (1) Commercial General Liability with limits of $2,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of $1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. All insurance carried by Lessee shall be primary and non-contributory and Lessor, its officers, councilmembers, and employees shall be named as additional insureds. No cancelation or modification to Lessee’s policies shall occur without at least fifteen (15) calendar days prior written notice to Lessor. Lessee shall provide Lessor prior to taking possession of the Premises or Lessor’s Property a certificate of insurance showing 36 of 70
Lessee’s purchase of the foregoing insurance. Proof of insurance will be provided to Lessor upon request.
12. Les see's Indemnity : Lessee shall indemnify, defend, and hold harmless Lessor, its officers, councilmembers, employees, successors and assigns f rom and against any and all loss, cost, claim, liability, action, damage, injury to or death of any person (including reasonable attorneys' fees ("Claims"): ( i) incurred or suffered by Lessee or Lessee's officers, directors, shareholders, contractors, employees, agents, or equipment while on the Premises; (ii) incurred or suffered by parties who are not a party to this Lease and which are caused by any acts or omissions of the Lessee under the terms of this Lease; (iii) incurred or suffered by any party as a result of the equipment installed and/or constructed on the Premises by Lessee; and (iv) arising out of or relating to, directly or indirectly, Lessee’s use or occupancy of the Premises or Lessor’s Property or that of its agents, employees, or contractors, any act, error, omission, negligence, or willful misconduct of Lessee, Lessee’s conducting of its operations on the Premises or Lessor’s Property, any discharge or release of hazardous materials, or any breach or default of Lessee’s obligations under this Lease. Lessee's duty to indemnify shal l not apply to Claims arising solely out of the gross negligence or willful misconduct of Lessor or any violation of law by Lessor or their agents or contractors. a. Su
rvival: The foregoing indemnity in ( 12) will survive the termination, cancellation, or expiration of this Lease.
13. A ssignment : Except as otherwise described herein, Lessee may not assign or sublet this Lease or the Premises or Lessor’s Property or any interest therein without Lessor’s prior written consent which may be given or denied in Lessor’s sole discretion. Notwithstanding the foregoing, Lessee shall have the right to assign its interest hereunder to any entity that owns or acquires all or substantially all of Lessee’s assets or shares of ownership without the consent of Lessor. Lessee shall issue at least a ninety (90) day notice to Lessor of any such assignment of its interest in this Lease. Lessor may assign this Lease at any time upon ten (10) days' prior notice to Lessee.
14. T
itle:
a. Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease immediately upon written notice to Lessor.
15. Q uiet Enjoyment : Lessee shall have quiet enjoyment of the Premises during the Term of this Lease or any extension of the Term.
16. Rep airs : Except as otherwise described in this Lease, Lessee shall not be required to make any repairs to the Premises except for damages to the Premises caused in whole or in part by Lessee, its employees, agents, contractors, or subcontractors. 37 of 70
17. M iscellaneous:
a. If any provision of the Lease is invalid or unenforceable with respect to any party, the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. b. This Lease shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties’ subject to the terms of this Lease. c. All notices under this Agreement shall be in writing and shall be given by personal delivery; or by registered or certified U.S. mail, postage prepaid, return receipt requested; or by email; or by facsimile if transmitted by a machine that produces a transmission report verifying the date and time of transmission and the telephone number to which transmitted; or by overnight delivery service that issues a receipt and addressed to the appropriate party at the address set forth below. Notice given: (a) by pers onal delivery will be effective upon delivery or refusal of delivery, whichever is earlier, or, if by certified mail, return receipt requested, on the date of signing the return receipt or refusal to sign; (b) by facsimile will be effective on the date sho wn on the transmission receipt; ( c) by email will be effective when sent; and ( d) by overnight service will be effective upon delivery or refusal of delivery, whichever is earlier.
Lessor:
With copy to:
With copy to:
With copy to:
City of Wasco
764 E Street
Wasco, CA 93280
Phone: (661) 758-7230
Fax: (661) 758-7239
Isarel Perez-Hernandez
Phone: (661) 758-7230
[email protected]
Scott Hurlbert, City Manager
Phone: (661) 699-2394
[email protected]
Luis Villa (POC for site visits)
Phone (661) 758-7219
[email protected]
Lessee: unWired Broadband, LLC
ATTN: Ravipal Singh
215 W Fallbrook Ave Suite 121
Fresno, CA 93711
Phone: (559) 261-4444
Fax: (559) 261-4445
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Email: [email protected]
The L essor or Lessee may from time to time designate any other address for this purpose by written notice to the other party in the manner described herein. d. This Lease shall be governed under the laws of the State of California. The parties agree that the proper venue for any lawsuit involving this Lease shall be the Kern County Superior Court, if in state court, or the United States District Court, Eastern District of California, if in federal court. The prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees, litigation expenses, and court costs, including appeals if any.
e. The Parties agree that (i) a digital or electronic signature on this Agreement and/or (ii) a fully executed scanned or electronically reproduced copy or image of this Agreement shall be deemed an original and may be introduced or submitted in any action or proceeding as competent evidence of the execution, terms, and existence hereof notwithstanding the failure or inability to produce or tender an original, manually executed counterpart of this Agreement and witho ut the requirement that the unavailability of such original, manually executed counterpart of this Agreement first be proven.
f. This agreement which includes all attachments referred to above, constitutes the entire Agreement between the parties and cannot be modified unless all parties come to a mutual agreement and submit said Agreement in writing , signed by all parties, except as permitted by applicable law. Neither party has made any representations or promises other than those set forth herein. By signing below, both parties also agree that any prior agreement between the parties pertaining to the City of Wasco Water Tower Communications Site Lease Agreement shall be null and void and superseded by this agreement.
g. The captions appearing in this Lease are for convenience only, are not part of this Lease, and shall not be considered in interpreting this Lease. h. This Lease may be executed in counterparts and the respective signatures pages for each party may thereafter be attached to the body of this Lease to constitute one integrated agreement which is as fully effective and binding as if the entire document had been signed at one time.
i. Waiver by a party of any provision of this Lease shall not be considered a continuing waiver or a waiver of a ny other provision, including the time for performance of any such provision.
j. The parties acknowledge that each party and their respective legal counsel have reviewed this Lease and agree that this Lease is the product of negotiations between the parties. This Lease shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Lease.
k. If any term, provision, covenant, or condition of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the 39 of 70
provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby.
l. The parties agree that neither this Lease nor any memorandum of same shall be recorded.
m. Lessee shall pay prior to delinquency any amount of any tax or assessment imposed on Lessee’s personal property installed on the Premises or Lessor’s Property. n. Lessee shall not interfere or cau se to be interfered to the operation of any and all equipment owned or operated by Lessor including piping and light fixtures or the blocking of pipes or light fixtures nor place equipment in the direct path of any light fixtures which radiate light onto the tower or otherwise impede the spread of light to the tower.
o. Lessee shall not cause or permit any hazardous material to be generated, produced, brought upon, used, stored, treated, or disposed in or about the Premises or Lessor’s Property by Lessee, its agents, employees, contractors, or invitees without the prior written consent of Lessor, which consent may be given or denied in Lessor’s sole and absolute discretion. In the event of Lessee’s breach of the foregoing, Lessee shall remediate the contamin ation or injury to person, property, or the environment at Lessee’s sole cost and expense and do so to the satisfaction of all agencies with jurisdiction over same and this obligation of Lessee shall survive the termination of this Lease.
Signatures on the following page…
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IN WITNESS WHEREOF, the parties have executed this lease as of this date first above written.
Dated: ______________________ LESSEE:
unWired Broadband, LLC
a California Limited Liability Company
By: _______________________________
PETER L. SORENSEN, President
Dated: ______________________ LESSOR:
City of Wasco
By: _______________________________
M. SCOTT HURLBERT, City Manager
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EXHIBIT A
LEGAL DESCRIPTION OF LESSOR’S PROPERTY
Lessor’s property of which Premises are a part is legally described as follows:
City of Wasco (Wasco Water Tow er) 764 E. Street Wasco, CA 93280 Assessor’s Parcel Number: 030-130-04
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EXHIBIT B
DESCRIPTION OF PREMISES
The location of the Premises within Lessor’s property together with access, ingress, egress, easements, and utilities are more particularly described or depicted as follows:
1. Easements necessary to supply adequate power, telephone, and grounding of the equipment and access to and from Lessee’s facilities from the nearest public right-of-way.
A final drawing or copy of a property survey or site plan depicting the above shall be initialed by Lessor and will replace this Exhibit B.
Notes:
1. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is received by Lessee.
2. Setback of the Premises from the Land boundaries shall be the distance required by the applicable governmental authorities.
3. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above but shall be limited by the Structural Analysis report results as prescribed in Paragraph 4.b. of this Lease
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, Administrative Manager
DATE: August 30, 2022
SUBJECT: Adopt a Resolution Authorizing the City Manager or his designee to Appropriate Corona Virus State and Local Fiscal Recovery Funds under the American Rescue Plan Act (ARPA) of 2021 to extend the Complimentary Dial-a-Ride Services from September 1, 2022, to December 31, 2022.
Recommendation:
Staff recommends adopting a resolution authorizing the City Manager or his designee to Appropriate Corona Virus State and Local Fiscal Recovery Funds under the American Rescue Plan Act (ARPA) of 2021 to extend the Complimentary Dial-a-Ride Services from September 1, 2022, to December 31, 2022, and amended the appropriate amount.
Background:
On June 21, 2022, City Council meeting, the City Council authorized the use of ARPA funds for complementary Dial -a-Ride services starting July 1, 2022, through August 31, 2022, for the amount of $2000.00 as a summer promotion, and it is soon to expire.
Discussion:
The complimentary program has helped ensure that the Wasco residents reach thei r everyday destinations, such as jobs, schools, and doctor’s appointments. The promotion has captivated momentum across the City of Wasco and has created new ridership.
The ridership exceeded the amount appropriated by an estimated amount of $800.00
Staff recommends extending the complimentary service to the end of this year to continue the momentum and help promote the city’s service s and amending the appropriated funds by increasing the funds in the amount of $7200.00
Furthermore, as of 2008, the Dial-a-Ride policy and procedure manual have not been updated. The staff has been researching and updating the manual to bring it up to compliance.
STAFF REPORT
City of Wasco
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During the research, process staff came across the need to re -evaluate the Dial-a-ride fares. According to ADA requirements, the fare for an ADA cannot be more than 50% of the General public fare.
The current fares per trip:
ADA $1.00
General $1.75
In order to comply with the requirement, a .25 cent increase is needed to the General fare or some other adjustment to achieve the correct General Fare/ADA Fare ratio.
The staff must set a public hearing and publish a 30-day notice.
This item will be brought to Council in the near future for consideration.
Fiscal Impact:
The appropriation of ARPA fiscal recovery funds will not impact the City’s general fund budget.
Attachments:
1. Resolution
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RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO APPROPRIATE CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) OF 2021 TO EXTEND COMPLIMENTARY DIAL-A-RIDE SERVICES FROM SEPTEMBER 1, 2022, TO DECEMBER 31, 2022
WHEREAS, on June 21, 2022, the City council approv ed the use of ARPA funds in the amount not to exceed $2000.00 for the complimentary Dial-a-Ride services to all passengers within city boundaries starting July 1, 2022, to August 31, 2022, and; WHEREAS, the summer promotion increased the ridership and exceeded the amount appropriated and:
WHEREAS, an amendment to increase appropriate funds in the amount of $7200.00 and; WHEREAS, the city wishes to extend the complimentary Dial-a-Ride services to December 31, 2022
N
OW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:
SEC
TION 1: Authorizes the City Manager or his designee to increase appropriate ARPA funds not exceeding $7200.00, to increase and to extend the complimentary Dial-a-Ride services within the city’s boundaries to December 31, 2022
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I
HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a special meeting thereof held on August 30, 2022, by the following vote:
CO
UNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
GILBERTO REYNA
MAYOR of City the Wasco
A
ttest: _______________
_________
_________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: August 30, 2022
SUBJECT: Review and direction regarding the Water and Sewer Utility Rate Study Update.
Recommendation:
Staff recommends that the City Council receive rate analysis information regarding potential future water and sewer rate schedules subject to a Proposition 218 public hearing and provide direction to the consultant and Staff.
Discussion:
The City of Wasco engaged Lechowicz & Tseng Municipal Consultants (L&T) to complete a comprehensive utility rate study for the water and sewer enterprises. The primary objective of the study is to recommend utility rates that ensure the continued financial health and stability of the City’s enterprise funds W hile minimizing the impact of any proposed rates on customers. The study period covers rate adjustments be ginning January 1, 2023, through July 1, 2026. L&T last presented rate options to City Council on June 21, 2022, received direction from City Council and Staff, and revised the rate recommendations.
Financial Analysis
Both utilities are generating positive net revenues and have healthy reserves ($11.3M in the Water Enterprise and $3.5M in the Sewer Enterprise). Neither utility has outstanding debt, and major Water Enterprise capital improvement projects will likely be funded via grant funding at no cost to the ratepayers. It is recommended that both the Water and Sewer Enterprises implement minor, inflationary revenue increases each year to keep up with cost increases. It is recommended that the City revise its utility rate structures to more equitably recover costs and to conform with State water conservation guidelines. To mitigate early year rate structure changes, it is proposed that the water utility spend down about $2.3M of available reserves. Rate mitigation is not recommended for the sewer utility as proposed rate impacts are minor.
Water Rat
e Design
The City’s current water rate structure consists of a minimum fee that includes a base allotment of water. Use over the allotment is billed a volume rate charged on a $/ hundred
STAFF REPORT
City of Wasco
48 of 70
cubic foot bas is (ccf = 748 gallons). Each customer class is assigned a different base allotment, but, all customers pay the same volume rate for usage over the allotment.
I
t is recommended that the base allotment of water be reduced for all customer classes over the next five years such that the base allotment will eventually equal the indoor, efficient use for the average customer. The benefit of this rate adjustment is that lower water users will receive bill decreases , and all customers will have greater control ov er their bills. Based on City Council’s direction in June, L&T revised the water rate recommendations to be phased in more gradually and more closely aligned with the methodology used in the prior rate study.
Sew
er Rate Design
The City currently bills all customers (with the exception of industrial customers) a fixed fee per month based on customer type. All residential customers are billed the same amount, and there is no difference in the bill for single-family vs. multifamily customers. Commercial customers are billed based on the type of establishment (office, restaurant, barber shop, etc.). Schools are billed annually based on average daily attendance (ADA). The City’s two major industrial customers are subject to service agreements. They are billed based on metered wastewater discharge (flow and pollutant loading) and overage fees for excessive discharge. L&T does not propose any changes to the industrial sewer rates.
L
&T recommends updating and documenting flow and pollutant loading for the City’s customers and using that information to apportion rates. At the June 21 meeting, City Council directed L&T to conduct additional analysis of water usage and sewage flow patterns and offer methods to mitigate impacts on ratepayers. L&T has completed its additional analysis and provides the revised rate options in the attached tables. The revised rates are more moderate than those presented in June.
L
&T developed two residential rate options consis ting of maintaining the current rate structure (OPTION 1) or dividing the residential category based on a number of dwelling units (single-family residences, low-density multifamily up to 4 units, or apartments/mobile home parks) (OPTION 2). Under Option 2, multifamily customers would receive a decrease compared to their current sewer bill.
I
mplementation
The proposed rates will be subject to Proposition 218, and a majority protest proceeding is anticipated to be held in December 2022. As a result of the presentation of the rate study, the staff is requesting direction regarding the revised water rates and preferred rate options for the sewer utility.
F
iscal Impact:
No immediate fiscal impact.
A
ttachments:
1. Proposed Residential Water Rates
2. Proposed Non-residential Water Rates
3. Proposed Residential Sewer Rates, Option 1 and Option 2
4. Proposed Non-residential Sewer Rates
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ATTACHMENT 1: Proposed Residential Water Rates
Use Category Current
PROPOSED RESIDENTIAL WATER RATES
January 1,
2023
July 1, 2023 July 1, 2024 July 1, 2025 July 1, 2026
Single-Family $28.60 $28.60 $26.77 $24.94 $23.11 $19.45 Base ccf 25 21 17 13 10 7
MF, 2 Units $34.32 $34.32 $32.29 $30.26 $28.23 $24.15
Base ccf 30 25 21 17 13 9
MF, 3-4 Units $51.48 $51.48 $49.77 $48.06 $46.35 $42.95 Base ccf 45 39 33 27 22 17
MF, 5-8 Units $80.08 $80.08 $78.76 $77.44 $76.12 $73.50 Base ccf 70 62 54 46 38 30
MF, 9-20 Units
Base ccf
$137.27 $137.27 $133.92 $130.57 $127.22 $120.50
120 106 92 78 64 50
MF, 20+ Units
Base ccf
$343.17 $343.17 $345.64 $348.11 $350.58 $355.50
300 270 240 210 180 150
Volume Rate
($/ccf)
$4.03 $1.50 $1.81 $2.12 $2.43 $2.72
MF – multifamily; the number of dwelling units listed
ccf – hundred cubic feet (748 gallons)
Base ccf – the amount of water included in the minimum service fee; water used above this amount is billed the volume .rate 50 of 70
ATTACHMENT 2: Proposed Non-residential Water Rates
Use Category Current
PROPOSED NON-RESIDENTIAL WATER RATES
January 1,
2023
July 1, 2023 July 1, 2024 July 1, 2025 July 1, 2026
Commercial $22.88 $22.88 $21.25 $19.62 $17.99 $14.75
Base ccf 20 17 14 11 8 5
General $34.32 $34.32 $31.35 $28.38 $25.41 $19.45
Base ccf 30 25 20 15 11 7
Industrial $137.27 $137.27 $133.92 $130.57 $127.22 $120.50 Base ccf 120 106 92 78 64 50
Institutional $137.27 $137.27 $133.92 $130.57 $127.22 $120.50 Base ccf 120 106 92 78 64 50
Irrigation $91.52 $91.52 $88.86 $86.20 $83.54 $78.20
Base ccf 80 70 60 50 40 32
Volume Rate
($/ccf)
$4.03 $1.50 $1.81 $2.12 $2.43 $2.72
ccf – hundred cubic feet (748 gallons)
Base ccf – the amount of water included in the minimum service fee; water used above this amount is billed the volume .rate
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ATTACHMENT 3: Proposed Residential Sewer Rates, Option 1 and Option 2
Use Category Current
PROPOSED RESIDENTIAL SEWER RATES
January 1,
2023
July 1,
2023
July 1,
2024
July 1,
2025
July 1,
2026
OPTION 1
Single-Family Residences $23.78 $24.43 $25.08 $25.73 $26.38 $27.05 Apartment/Mobile Home Park $23.78 $24.43 $25.08 $25.73 $26.38 $27.05 OPTION 2
Single-Family Residences $23.78 $25.06 $26.34 $27.62 $28.90 $30.17 Low-Density Multifamily (up to 4) $23.78 $18.82 $19.30 $19.79 $20.30 $20.82 Apartment/Mobile Home Park $23.78 $15.71 $16.11 $16.52 $16.94 $17.37
Charge per dwelling unit is shown.
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ATTACHMENT 4: Proposed Non-residential Sewer Rates
Use Category Current
PROPOSED NON-RESIDENTIAL SEWER RATES
January 1,
2023
July 1,
2023
July 1,
2024
July 1,
2025 July 1, 2026
Bakery, Theater, and Deli $58.44 $58.79 $59.14 $59.49 $59.84 $60.19 Ball Park $8.71 $9.29 $9.87 $10.45 $11.03 $11.60
Barber and Beauty Shops $34.68 $14.92 $15.30 $15.69 $16.09 $16.50 Bars (without dining) $75.91 $11.11 $11.39 $11.68 $11.98 $12.29 Car Wash $92.34 $94.20 $96.06 $97.92 $99.78 $101.64
Churches $15.29 $15.86 $16.27 $16.69 $17.12 $17.56
Commercial Cleaners $129.96 $57.98 $59.47 $60.99 $62.55 $64.15 Convenience Store $17.26 $20.68 $24.10 $27.52 $30.94 $34.36 Doctor and Dentist Offices $30.35 $34.80 $39.25 $43.70 $48.15 $52.59 Food Market per 1,000 sq ft $7.88 $8.03 $8.18 $8.33 $8.48 $8.63 Hospitals per bed $15.29 $15.86 $16.27 $16.69 $17.12 $17.56 Laundromats $298.70 $327.55 $356.40 $385.25 $414.10 $442.93 Meeting or Convention Halls $8.71 $9.29 $9.87 $10.45 $11.03 $11.60 Mortuaries
(a) with embalming facilities $86.67 --- --- --- --- --- (b) without embalming facilities $8.71 $9.29 $9.87 $10.45 $11.03 $11.60 Office Buildings and Retail Shops $8.71 $9.29 $9.87 $10.45 $11.03 $11.60 Park (w/ wading pool) $15.29 $15.86 $16.27 $16.69 $17.12 $17.56 Pool Halls $58.44 $11.11 $11.39 $11.68 $11.98 $12.29
Printing and Publishing $13.17 --- --- --- --- ---
Auto Repair Shops
(a) without wash racks $30.35 $8.18 $8.39 $8.61 $8.83 $9.06 (b) with wash racks $69.41 $17.25 $17.69 $18.14 $18.60 $19.08 53 of 70
Use Category Current
PROPOSED COMMERCIAL SEWER RATES
January 1,
2023
July 1,
2023
July 1,
2024
July 1,
2025 July 1, 2026
Restaurants $166.61 $167.36 $168.11 $168.86 $169.61 $170.35 Retail Shop $8.71 $9.29 $9.87 $10.45 $11.03 $11.60
Public Swimming Pool $0.83 --- --- --- --- ---
Potato Shed $1.07 --- --- --- --- ---
Septage Receiving Station $91.50 --- --- --- --- ---
Note: Categories with no customers are proposed to be eliminated.
ADA – average daily attendance
School
Category
Current
Charge
($/ADA/YR)
PROPOSED SCHOOL SEWER RATES
January 1,
2023,
Proposed
Charge
($/ADA/YR)
July 1, 2023,
Proposed
Charge
($/ADA/YR)
July 1, 2024,
Proposed
Charge
($/ADA/YR)
July 1, 2025,
Proposed
Charge
($/ADA/YR)
July 1, 2026,
Proposed
Charge
($/ADA/YR)
Elementary $9.02 $9.12 $9.22 $9.32 $9.42 $9.52
Junior High
& High $10.91 $11.11 $11.31 $11.51 $11.71 $11.92
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: August 30, 2022
SUBJECT: Adopt a Resolution Approving the final map for Phase 2 of Tract 7373.
Accepting for Public Use all Dedications for the Purpose for which they are offered, Authorizing the City Manager or designee and the City Clerk to sign the Subdivision Agreement, and Authorizing the C ity Clerk to Endorse the Map.
Recommendation:
Staff recommends 1) adopting a resolution resolution approving the Final Map 2) accept for public use the dedications for the purposes for which they are offered subject to council acceptance of the improvements 3) authorize the City Manager and City Clerk to sign the Subdivision Agreement, and authorize the City Clerk to endorse the map.
Background:
The Subdivider, LeOra, LLC has submitted the Final Tract Map No. 7373, Phase 2, for the City Council’s approval. A Subdivision Agreement between the City and the Developer has been prepared. All improvements in the public right -of-way that have not been completed are required to be bonded for per the approved security estimate and will not be accepted by the City until complete.
Discussion:
The City Engineer and Surveyor has reviewed the final map and finds it is in conformance with the Subdivision Map Act. The Subdivider has paid all the necessary fees. The Developer has provided the tax estimate, tax certificate, subdivision guarantee, Letters of credit, and recording fees for the map.
Fiscal Impact:
None.
Attachments:
1. Resolution
2. Final Map
3. Subdivision Agreement
STAFF REPORT
City of Wasco
55 of 70
RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE FINAL MAP FOR TRACT NO. 7373 PHASE 2, ACCEPTING FOR PUBLIC USE ALL DEDICATIONS
FOR THE PURPOSE FOR WHICH THEY ARE OFFERED, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE AND CITY CLERK TO SIGN THE SUBDIVISION AGREEMENT, AND AUTHORIZING THE CITY CLERK TO ENDORSE THE FINAL MAP.
WHEREAS, LeOra, LLC, as a Subdivider has submitted the final map for Tract No. 7373 Phase 2 in the City of Wasco to be developed under the provisions of the Subdivision Map Act and the Wasco Municipal Code; and
WHEREAS, the Subdivider submitted the required improvement plans, and the public improvements that have not been constructed have been guaranteed by a Letter of Credit; and
WHEREAS, the Subdivider submitted the Final Map, and the City Engineer has reviewed and approved the map
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: Approves the Final Map for Tract No. 7373, Phase 2 , and accepts for public use all dedications for the purpose for which they are offered.
SECTION 2: Authorizes the City Manager or his designee and City Clerk to sign the Subdivision Agreement and authorizes the City Clerk to endorse the Final Map.
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I HEREBY CERTIFY that the foregoing Resolution No. 2022 - was passed and adopted by the Council of the City of Wasco at a special meeting thereof held on August 30, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________
_________________
GILBERTO REYNA,
MAYOR of the City of Wasco
A
ttest: _______________
_________
_________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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TRACT MAP NO. 7373 - PHASE 2
SHEET 1 OF 3 SHEETS
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE CAREFULLY EXAMINED THE MAP, THAT THE
SUBDIVISION SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP, THAT ALL PROVISIONS OF DIVISION 2, TITLE 7, OF
THE GOVERNMENT CODE AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE SAME TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
JUAN M. PANTOJA, R.C.E. 64740 DATE
CITY ENGINEER, CITY OF WASCO
OWNERS STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF OR HAVE SOME RIGHT, TITLE OR
INTEREST IN AND TO, THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN
UPON THIS MAP, AND THAT EXCEPT AS SHOWN ON THIS MAP AND STATEMENTS MADE A
PART THEREOF WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS
CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO THE MAKING OF SAID MAP AND
SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER OF SAID MAP AND HEREBY
OFFER FOR DEDICATION TO THE PUBLIC USE, ALL THE STREETS SHOWN UPON SAID MAP
WITHIN SAID SUBDIVISION EXCEPT THOSE THAT WERE OBTAINED BY SEPARATE DOCUMENT.
WE ALSO HEREBY DEDICATE FOR PUBLIC USE EASEMENTS FOR PUBLIC UTILITIES UNDER,
ON OR OVER THOSE CERTAIN STRIPS OF LAND LYING ADJACENT TO THE SIDE AND/OR FRONT LINES OF LOTS 1 THROUGH 49 DESIGNATED AS "10 FOOT PUBLIC UTILITIES EASEMENT" AS SHOWN UPON SAID MAP, WITHIN SAID SUBDIVISION: SUCH STRIPS OR PLATS
OF LAND ARE TO KEPT OPEN AND FREE FROM ANY BUILDINGS OR STRUCTURES OF ANY KIND.
FOR SUCH A TIME THAT STREET REMAINS A PUBLIC ROAD, WE ALSO HEREBY WAIVE ALL RIGHTS OF DIRECT ACCESS FROM LOTS 1 THROUGH 15, SO THAT THE OWNERS OF SAID
LOTS ABUTTING SAID ROAD WILL HAVE NO RIGHTS OF DIRECT ACCESS WHATSOEVER TO SAID ROAD, EXCEPT THE GENERAL EASEMENT OF TRAVEL WHICH BELONGS TO THE PUBLIC.
WE HEREBY DEDICATED TO PUBLIC USE ALL THE REAL PROPERTY LOCATED WITHIN THE
SAID PROPERTY TO BE USED FOR STREET RIGHTS OF WAY AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION. SAID REAL PROPERTY TO BE USED FOR STREET AND UTILITY PURPOSES.
LEORA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
MICHAEL F. HAIR, JR., MANAGING MEMBER DATE
SURVEYOR'S STATEMENT
I, MICHAEL E. DAUSTER, HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA: THAT THIS MAP MADE UNDER MY
SUPERVISION CONSISTING OF TWO SHEETS AND THIS FINAL MAP
SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE
MAP, CORRECTLY REPRESENTS A FIELD SURVEY MADE UNDER MY
SUPERVISION DURING MARCH 15TH, 2020, THAT SUCH SURVEY IS TRUE AND COMPLETE; AND THAT ALL THE MONUMENTS SHOWN THEREON ACTUALLY
EXIST, ARE OF A CHARACTER AND DO OCCUPY THE POSITIONS INDICATED
BEFORE SAID SUBDIVISION IMPROVEMENTS ARE ACCEPTED BY THE CITY OF
WASCO AND THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE
SURVEY TO BE RETRACED, EXCEPT LOT CORNERS WHICH WILL BE SET WITHIN ONE YEAR FROM THE RECORDING OF THIS MAP.
MICHAEL S. DAUSTER L.S. 9047 DATE 9047
ON ,20____. BEFORE ME, NOTARY PUBLIC,
PERSONALLY APPEARED
MY COMMISSION EXPIRES:
COUNTY OF
Name (Typed or Printed)
Signature
COUNTY OF
STATE OF CALIFORNIA SS.
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.
WITNESS MY HAND AND OFFICIAL SEAL
WHO PROVED TO ME ON THE BASIS OF SATIS.F.ACTORY EVIDENCE TO BE THE PERSON
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.
CITY SURVEYOR'S STATEMENT
I, WILEY D. HUGHES, HEREBY STATE THAT I EXAMINED THIS MAP, THAT THE
SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED
ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, THAT
ALL PROVISIONS OF LAW HAVE BEEN COMPLIED WITH, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF I AM SATIS.F.IED THAT THE MAP IS TECHNICALLY CORRECT.
WILEY D. HUGHES DATE
CITY SURVEYOR, CITY OF WASCO
L.S. 3779 (EXPIRES 06/30/22)
COMMISSION NO.: BASIS OF BEARINGS
THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 SHOWN AS NORTH 01°10'52"EAST AS PER SURVEY INVESTIGATION AND PERPETUATION MAP 7-1, FILED IN BOOK 7 AT PAGE 49 IN THE OFFICE OF THE KERN COUNTY SURVEYOR, WAS USED AS THE BASIS OF BEARINGS FOR THIS SURVEY.
PLANNING DIRECTOR'S STATEMENT
THE PLANNING COMMISSION OF THE CITY OF WASCO APPROVED OR CONDITIONALLY APPROVED THE TENTATIVE MAP ON FEBRUARY 10TH, 2020 AND
THE SUBDIVISION AS SHOWN ON THE MAP AS SUBSTANTIALLY THE SAME AS IT
APPEARED ON THE TENTATIVE MAP AND IN ACCORDANCE WITH ANY CONDITIONS APPROVED BY THE COMMISSION.
KERI COBB DATE
PLANNING DIRECTOR, CITY OF WASCO
CONSISTING OF 3 SHEETS IN THE CITY OF WASCO
BEING A SUBDIVISION OF LOT 67 OF TRACT MAP No. 7373 PHASE 1, RECORDED OCTOBER 26, 2021 IN MAP BOOK 65 AT PAGES 89 THROUGH 92 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 27 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF WASCO, COUNTY OF KERN, STATE OF CALIFORNIA.
11.25 ACRES GROSS 49 LOTS
CITY CLERK'S STATEMENT
THE CITY COUNCIL OF THE CITY OF WASCO HEREBY ORDERS THAT THE MAP OF " TRACT NO. 7373, PHASE 2" IS APPROVED. THE STREETS, ACCESS RIGHTS, AND ANY OTHER EASEMENTS
SHOWN UPON THIS MAP ARE HEREBY OFFERED FOR DEDICATION AND THE SAME ARE
HEREBY ACCEPTED FOR PUBLIC USE SUBJECT TO CONSTRUCTION OF ALL IMPROVEMENTS
BY THE SUBDIVIDER AND THE ACCEPTANCE OF ALL IMPROVEMENTS BY THE CITY COUNCIL, IT
DIRECTS THE CLERK OF THIS COUNCIL TO ENDORSE UPON THE FACE OF THIS ORDER
AUTHENTICATED BY THE SEAL OF THE CITY COUNCIL OF THE CITY OF WASCO, AND IT HEREBY WAIVES, PURSUANT TO THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT, THE REQUIREMENT OF SIGNATURES OF THE FOLLOWING;
NAME NATURE OF INTEREST
THE UNITED STATES OF AMERICA EASEMENTS FOR WATER PIPELINE PER BOOK 2513, PAGE 507 OFFICIAL RECORDS,
CANNOT BE PLOTTED FROM PUBLIC RECORD.
CITY OF WASCO THE LAND INCLUDED WITH A PROJECT AREA OF THE
WASCO REDEVELOPMENT AGENCY, WASCO
REDEVELOPMENT PROJECT, AND THAT PROCEEDINGS
FOR THE REDEVELOPMENT OF SAID PROJECT HAVE
BEEN INSTITUTED UNDER THE REDEVELOPMENT LAW
(SUCH REDEVELOPMENT TO PROCEED ONLY AFTER THE
ADOPTION OF THE REDEVELOPMENT PLAN), AS
DISCLOSED BY STATEMENT OF COMMENCEMENT OF
REDEVELOPMENT ACTIVITIES, PER INSTRUMENT NO.
207161378.
CITY OF WASCO AN EASEMENT OVER SAID LAND FOR WATER LINES AND
INCIDENTAL PURPOSES, GRANTED TO CITY OF WASCO, IN
DEED RECORDED NOVEMBER 8, 1959, BOOK 6312, PAGE 1722,
OFFICIAL RECORDS.
THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY OF WASCO HELD ON THE DAY OF , 20 AN ORDER WAS DULY AND REGULARLY MADE AND
ENTERED APPROVING THIS MAP AND RE-SUBDIVISION AND ACCEPTING ON BEHALF OF THE
PUBLIC, THE EASEMENTS INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP AS PUBLIC UTILITIES EASEMENTS.
MARIA O. MARTINEZ DATE
CITY CLERK, CITY OF WASCO
RECORDER'S STATEMENT
ACCEPTED FOR RECORD AND FILED IN BOOK OF TRACT MAPS AT PAGE IN
THE OFFICE OF THE KERN COUNTY RECORDER THIS DAY OF , 20 , AT M., AT THE REQUEST OF MICHAEL DAUSTER.
JON LIFQUIST
KERN COUNTY ASSESSOR-RECORDER
BY:
DEPUTY RECORDER
58 of 70
NOTES
THE DISTINCT BORDER INDICATES THE BOUNDARY OF LAND
TO BE SUBDIVIDED BY THIS MAP
ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET AND
DECIMALS THEREOF.
UNLESS OTHERWISE NOTED, ALL REAR LOT CORNERS WILL
BE SET WITH A REBAR AND PLASTIC CAP MARKED L.S. 9047
AS PER CITY OF WASCO MUNICIPAL CODE (24" LONG, 6"
BELOW FINISHED GRADE), AND ALL FRONT LOT CORNERS
WILL BE SET WITH A TAG IN THE TOP OF CURB AT THE
PROLONGATION OF THE SIDE LOT LINES.
BASIS OF BEARINGS
THE WEST LINE OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 1 SHOWN AS NORTH
01°10'52"EAST AS PER SURVEY INVESTIGATION AND
PERPETUATION MAP 7-1, FILED IN BOOK 7 AT PAGE 49 IN THE
OFFICE OF THE KERN COUNTY SURVEYOR, WAS USED AS THE
BASIS OF BEARINGS FOR THIS SURVEY.
SHEET 2 OF 3 SHEETS
W/4 COR SEC 1, 27/24
FOUND K.C.S. CONCRETE MONUMENT
IN LAMPHOLE PER (R2) INTERSECTION OF PALM AVENUE AND
MARGALO AVENUEFOUND CONCRETE MONUMENT INLAMPHOLE MARKED LS 7585 PER (R1) SW COR SEC 1, 27/24FOUND NAIL AND C.D.H. TAG INPAVEMENT FOR SW CORNER OF SECTION 1 PER (R2)
INTERSECTION OF POPLAR AVENUE AND
STATE ROUTE HIGHWAY 46. FOUND 2" I.P
IN LAMPHOLE, S01°05'52"W, 39.97' FROM
CORNER
S/4 COR SEC 1, 27/24
CORNER NOT FOUND, POSITION
ESTABLISHED FROM FOUND 2" I.P
IN LAMPHOLE, 1.13' WEST AND
40.00' SOUTH OF CORNER PER (R3)
INTERSECTION OF GRIFFITH
AVENUE AND MARGALO AVENUE
FOUND MONUMENT IN LAMPHOLE
MARKED R.C.E. 17169 PER (R2)
INTERSECTION OF POPLAR
AVENUE AND MARGALO AVENUE
FOUND 3/4" IRON PIPE WITH
ALUMINUM CAP TAGGED LS 5332
PER FIELD SURVEY AND (R1)
INTERSECTION OF GROMER
AVENUE AND POPLAR AVENUE
FOUND CONCRETE MONUMENT IN
LAMPHOLE MONUMENT PER (R1)
1321.49' CALC (R5)
1321.26' (R1)
S01°11'21"W
S01°10'57"W
1319.82' (R5) CALC
1320.54' (R1)1320.425' (R2)
N89°03'42"WN89°04'02"WN89°57'44"E
1319.99' (R5) CALC
1320.54' (R1)1320.425' (R2)
N89°03'42"WN89°04'02"WN89°57'44"E
1320.703' (R2)1320.58' (R1)
1320.78' MEAS (R5)
S89°59'49"ES89°06'10"ES89°05'50"E
1320.703' (R2)1320.58' (R1)
1320.54' MEAS (R5)
S89°59'49"ES89°06'10"ES89°05'50"E
1320.515' (R2)
1320.44' (R1)
1320.49' MEAS (R5)
N01°17'04"E
N01°10'52"E
N01°10'52"E
1320.515' (R2)
1320.44' (R1)
1320.54' CALC (R5)
N00°17'04"E
N01°10'52"E
N01°10'52"E
C MARGALO AVENUEL
C GROMER AVENUE(COUNTY ROAD NO. 476)
L
C STATE ROUTE HIGHWAY 46
(STATE ROUTE VI-KER-46)
L
C POPLAR AVENUEL
C GRIFFITH AVENUEL
S00°17'26"W
S01°12'10"W
1320.85' (R1)
1320.99' CALC (R5)
S89°04'52"ES89°05'06"ES89°58'46"E
1320.49' MEAS (R5)
1320.56 (R1)1320.56 (R2)
1320.92 (R2)
1320.85' (R1)
1320.87' MEAS (R5)
N00°17'26"E
S01°10'55"W
S01°11'00"W
S01°11'21"W
S01°10'57"W
S00°17'47"W
S01°11'21"W
N89°03'42"WN89°04'02"WN89°57'44"WN89°03'57"W
2640.94' - (R5)2641.08' (R1)2640.85' (R2)2640.94' (R3)
S89°06'02"ES89°59'49"ES89°06'10"ES89°05'50"E
2641.32' (R3)2641.41' (R2)2641.16' (R1)
2641.32' MEAS (R5)
N01°10'52"E
N00°17'04"E
N01°10'52"E
N01°10'52"E
2641.03' (R3)
2641.03' (R2)
2640.88' (R1)
2641.03' CALC (R5)
TRACT MAP NO. 7373 - PHASE 2
C PALM AVENUE
(COUNTY ROAD NO. 486)
L
1.13' - (R5)
1320.95' (R5)
1301.21' (R5)
1319.82' - (R5)
1320.95' - (R5)
TRACT 7373 PHASE - 1
M.BK. 65, PG.'S 89-92
68 41
33 40
39 38
37 36
35 34
32313029282726252423222120199
8 7
6 5
4 3
2 1
10 11 12 13 14
15 16
17 18
4243
44 45
46 47
48 49
50 51525354
55 56
57 58
59 60
616263646566
1 2
3 4
5 6
7 89101112131415
16 17
18 19
20 21
22 23
24 25
26 27
28 29 30
31 32
33 34
29 35
36 38
39 40
41 42
43 44
45 46
47 48
49TRACT 7373 PHASE - 1
M.BK. 65, PG.'S 89-92
CONSISTING OF 3 SHEETS IN THE CITY OF WASCO
BEING A SUBDIVISION OF LOT 67 OF TRACT MAP No. 7373 PHASE 1, RECORDED OCTOBER 26, 2021 IN MAP BOOK 65 AT PAGES 89 THROUGH 92 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 27 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF WASCO, COUNTY OF KERN, STATE OF CALIFORNIA.
11.25 ACRES GROSS 49 LOTS N89°05'01"WN89°05'06"WN89°58'46"W
1320.64' CALC (R5)1320.56' (R1)1320.56' (R2)
S01°11'21"W
25.37' CALC (R5)
SEE SHEET 3
774.51' (R5) 546.36' (R5)
651.58' (R5)669.06' (R5)
BASIS OF BEARINGS
C/4 COR SEC 1, 27/24
FOUND K.C.S. BRASS TAG W/
IRON PIPE MARKED FOR CENTER
OF SECTION 1 PER (R1)
1321.19' (R5)
1321.26' (R1)
1321.317' (R2)
S01°11'21"W
S01°10'57"W
S00°17'47"W
CALCULATED NE CORNER OF THE SE
QUARTER OF THE SW QUARTER OF
SECTION 1, T.27S., R.24E., M.D.B.&M.
SET REBAR AND CAP TAGGED L.S. 9047PER POSITION CALCULATED FROM (R2) 2642.68' CALC (R5)
2642.52(R1)
2642.63' (R2)
2643.63' (R3)
S01°11'21"W
11.68' CALC (R5)
SEE SHEET 3
A
(R5) RECORD BEARINGS AND DISTANCES AS SHOWN ON MAP
RECORDED PER TRACT MAP NO. 7373 PHASE - 1 IN BK.
65 OF TRACT MAPS AT PG.'S 89 - 92 IN THE OFFICE OF THE
KERN COUNTY SURVEYOR
RADIAL TABLE
RADIAL BEARING
R1
R2
N89°05'50"W
R3
R4
R5
R6
S28°04'14"E
S61°30'28"E
S32°53'34"W
S03°07'28"E
R7
N79°57'44"E
R8
R9
R10 N00°43'07"E
R11 N07°56'52"E
N00°54'10"W
N33°44'27"E
S58°02'38"W
R12
R13
CURVE TABLE
CURVE LENGTH RADIUS TANGENT DELTA
C1 14.33 25.00 7.37 32°50'17"
C2 1.48 100.00 0.74 0°50'53"
C3 62.86 100.00 32.51 36°01'02"
C4 43.54 100.00 22.12 24°56'46"
C5 58.36 100.00 30.04 33°26'14"
C6 67.25 100.00 34.95 38°31'48"
C7 38.25 100.00 19.36 21°55'06"
C8 14.34 25.00 7.37 32°51'32"
C9 271.74 100.00 464.42 155°41'49"
C10 67.88 538.00 33.99 7°13'45"
C11 17.91 538.00 8.96 1°54'28"
C12 49.97 538.00 25.00 5°19'17"
C13 62.52 500.00 31.30 7°09'52"
C14 62.52 500.00 31.30 7°09'51"
LINE TABLE
LINE BEARING LENGTH
L1 S89°05'50"E 5.97
L2 N45°54'10"E 28.28
L3 N44°05'50"W 28.28
L4 N45°54'10"E 28.28
L5 N00°54'10"E 8.50
L6 N89°05'50"W 122.86
L7 N89°05'50"W 12.00
L8 N89°16'53"W 222.09
L9 N82°03'08"W 94.08
L10 N79°53'05"W 90.41
L11 N89°16'53"W 80.21
L12 S81°55'12"E 100.00
L13 S89°05'01"E 105.27
L14 S89°05'50"E 104.97
N00°54'58"E
R14
N08°04'51"E
R15
S08°04'48"W
R16
S00°54'57"W
(R1) RECORD BEARINGS AND DISTANCES AS SHOWN ON MAP
RECORDED PER TRACT MAP NO. 6600 IN BK. 56 OF
TRACT MAPS AT PG. 74 IN THE OFFICE OF THE KERN
COUNTY SURVEYOR
(R2) RECORD BEARINGS AND DISTANCES AS SHOWN ON MAP
RECORDED PER RECORD OF SURVEY 3547 IN BK. 30 OF
RECORDS OF SURVEY AT PG. 91 IN THE OFFICE OF THE
KERN COUNTY SURVEYOR
(R3) RECORD BEARINGS AND DISTANCE AS SHOWN ON
FILED MAP 7-1, FILED MAP BK. 7, PG 49 IN THE OFFICE
OF THE KERN COUNTY SURVEYOR
(R4) RECORD DATA PER DOCUMENT NO. 0219114478,
OFFICIAL RECORDS
S02°37'35"W
LEGEND
FOUND MONUMENT AS DESCRIBED
SET 6" CONC MON W/ BRASS CAP
MARKED L.S. 9047 IN MONUMENT
ENCASEMENT PER THIS MAP
6" CONC MON W/ BRASS CAP
MARKED L.S. 9047 IN MONUMENT
ENCASEMENT SET PER TRACT MAP
NO. 7373 PHASE - 1 M.BK. 65, PG. 89-92
10' WIDE PUBLIC UTILITY EASEMENT
WAIVER OF DIRECT ACCESS RIGHTS
CALC CALCULATED PER FIELD SURVEY
AND (R1) OR (R2)
MEAS MEASURED PER FIELD SURVEY
M.BK./PG. MAP BOOK/PAGE
P.U.E. PUBLIC UTILITIES EASEMENT
REC'D RECORDED
R1 RADIAL LINE
S.F. SQUARE FEET
SCALE: 1"=200'
40.00' (R5)
RECORDER'S STATEMENT
ACCEPTED FOR RECORD AND FILED IN BOOK OF TRACT MAPS AT
PAGE IN THE OFFICE OF THE KERN COUNTY RECORDER THIS
DAY OF ,
20 , AT M., AT THE REQUEST OF MICHAEL DAUSTER.
JON LIFQUIST
KERN COUNTY ASSESSOR-RECORDER
BY:
DEPUTY RECORDER
59 of 70
S01°10'55"W
S01°11'00"W
C NIGHTSHADE AVENUEL
C CARNATION STREETL
A
A
A
546.36'
B
C
30'30'
30'
30'
30' 30'
65.00'
65.00'
65.00'
60.00'
60.00'
65.00'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
67.01'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
65.00'
60.00'
60.00'
60.00'
60.00'
65.00'
60.00'
60.00'
60.00'
60.00'
60.00'
65.00'
60.00'
60.00'
65.00'
60.00'
60.00'
60.00'
60.00'
65.00'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
45.19'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
60.00'
65.00'
65.00'
65.00'
65.00'
60.00'
60.00'
60.00'60.00' 60.00'60.00'60.00' 21.16'
23.35'
N00°54'10"E143.39'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
139.50' 308.00'
S60°41'24"E127.06'
S26°32'42"E
186.20'
S89°05'50"E
835.01'
47.01'N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E
109.50'
N00°54'10"E143.19'
N00°54'10"E143.00'
N00°54'10"E142.81'
N00°54'10"E142.91'
N00°54'10"E143.20'
N00°54'10"E135.68'
8,060 S.F.
6,570 S.F.
C DAISY STREETL
867.01'
44 43
45 46
47 48
51 50
49 52 35
36 37
38 39
40 41 42
34 33
28 29 30 31 32
27 53
A
45.00' 47.01'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
A
A
A
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
N00°54'10"E124.00'
S00°54'10"W208.00'
104.00'104.00'
A
1320.64 (R5) CALC1320.56' (R1)1320.47' (R2)
N89°05'01"WN89°05'06"WN89°57'44"W
70.00'60.00'60.00'60.00'60.00'60.00'
124.00'
184.00' N00°54'10"E
S89°05'50"E
500.00'
109.50'
169.50' N00°54'10"E
S89°05'50"E
367.01'
S89°05'50"E
145.76'
38.29'
C SUNFLOWER COURTL
8,574 S.F. 8,673 S.F.
8,164 S.F.
19,845 S.F.
N00°54'10"E214.01'
R10
R11
N89°05'50"W
122.56'
N89°05'50"W
122.26'
N89°05'50"W
121.96'
N89°05'50"W
121.66'
N89°05'50"W
121.36' N89°05'50"W
102.83'
10,154 S.F.
8,028 S.F.
7,291 S.F.
7,309 S.F.
7,327 S.F.
7,345 S.F.
7,363 S.F.
8,060 S.F. 7,440 S.F. 7,440 S.F. 7,440 S.F. 7,440 S.F. 8,060 S.F. 7,440 S.F. 7,440 S.F. 7,440 S.F. 7,440 S.F. 7,440 S.F. 8,109 S.F. 8,109 S.F.7,440 S.F.7,440 S.F.
125.74'
R4
R7
R5
R6
R8
R9
R1
R3
C9N00°54'10"E447.50'
S89°05'50"E
885.01'
8,597 S.F. 8,586 S.F.
6,918 S.F.
7,440 S.F.7,440 S.F.7,440 S.F. 60.00'
60.00'
60.46'
65.39'
14.82'
60.00'
42.09'
A
C1
C8
C CARNATION STREETL
C CARNATION STREETL
R14 (R5)
R15 (R4)(R5)
S89°05'50"E
347.01'
S89°05'50"E
397.01'
430.01'
S89°05'50"E
279.22'
N00°54'10"E143.39' (R5)
L1 (R5)
L2L3L4
L5 (R5)
L6 (R5)
L8 (R5)
C10 (R5)
L9 (R5)
L11 (R5)
184.00' (R5) N00°54'10"E
S89°05'50"E
500.00' (R5)
N00°54'10"E124.00' (R5)
N00°54'10"E
109.50' (R5)
S00°54'10"W329.65'
641.50' (R5)
641.50'
322.28' (R5)
322.28'
329.30' (R5)
329.30'
10.27'
C13 (R4)(R5)
C14 (R5)
N00°54'10"E214.01' (R5)
L12 (R5)
L13 (R4)(R5)
L14 (R5)
669.06' (R5)
669.06'
169.50' (R5)
R12 (R5) R13 (R5)
S01°11'21"W
L7 (R5)
S 89°05'50"E
835.01'
8,564 S.F.
R16
12,604 S.F.
6,918 S.F. 6,918 S.F.6,570 S.F.6,570 S.F.6,570 S.F.6,570 S.F.7,118 S.F.6,570 S.F.6,570 S.F.6,570 S.F.6,570 S.F.7,118 S.F.6,570 S.F.6,570 S.F. 8,060 S.F.
L10 (R5)
19 29 28 27 26 25 24 23 22 21 20 18 17 16 16 16
15 14
13 12
11 10
9 8
7 6
54321
49 48 47 46 45 44
4342414039383736353433323130
C11
R2
C2
C12
C3
C4
C5
C6
C7
89.50'
12,604 S.F.
7 10,154 S.F.
9 19,845 S.F.
8 30'
30'
30'
30'
29.00'
29.00'
SCALE: 1"=60'
SHEET 3 OF 3 SHEETS
LC POPLAR STREET
TRACT MAP NO. 7373 - PHASE 2
TYPICAL PUBLIC UTILITIES EASEMENT
N.T.S.
LOT
LOT
10' P.U.E.
PUBLIC UTILITIES EASEMENT
TYPICAL WHERE SHOWN
UNLESS OTHERWISE INDICATED
BASIS OF BEARINGS
THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 SHOWN AS NORTH 01°10'52"EAST AS PER SURVEY INVESTIGATION AND PERPETUATION MAP 7-1, FILED IN BOOK 7 AT PAGE 49 IN THE OFFICE OF THE KERN COUNTY SURVEYOR, WAS USED AS THE BASIS OF BEARINGS FOR THIS SURVEY.
INTERSECTION OF GROMER AVENUEAND POPLAR AVENUE FOUND
CENTERLINE MONUMENT
1320.85' (R1)
1320.87' (R5) CALC
C MARGALO AVENUEL
774.51'
1264.51'
1321.19' CALC
1321.26 (R1)
1321.317' (R2)
25.37'
25.37' (R5)
25.28' (R2)
S89°05'50"E
915.01'
S01°11'21"W
S01°10'57"W
S00°17'47"W
20.28'
11.68' (R5)
B CENTERLINE OF MARGALO AVENUE
PER TRACT NO. 5890 & (R2)
CENTERLINE OF MARGALO AVENUE
PER TRACT NO. 3877 & (R3)
C
5.09'D CALCULATED NE CORNER OF THE SE QUARTER OF THE SW QUARTER OF SECTION 1, T27S, R24E REBAR AND CAP TAGGED L.S. 8832 NOT FOUND, POSITION CALCULATED FROM (R2). SET 2" I.P. TAGGED PLS 9047 PER TRACT 7373 PHASE - 1, M.BK. 65, PG.'S 89 - 92 IN THE OFFICE OF THE KERN COUNTY SURVEYOR.
D
855.01'
NOTES:
SEE SHEET 2 FOR LEGEND, NOTES,
LINE, CURVE AND RADIAL TABLES.
EASEMENT IN FAVOR OF THE
UNITED STATES OF AMERICA
FOR WATER PIPELINE PER
BK. 2513, PG. 507, O.R., CANNOT
BE PLOTTED FROM PUBLIC
RECORD.
CONSISTING OF 3 SHEETS IN THE CITY OF WASCO
BEING A SUBDIVISION OF LOT 67 OF TRACT MAP No. 7373 PHASE 1, RECORDED OCTOBER 26, 2021 IN MAP BOOK 65 AT PAGES 89 THROUGH 92 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 27 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF WASCO, COUNTY OF KERN, STATE OF CALIFORNIA.
11.25 ACRES GROSS 49 LOTSS89°05'50"E 915.01' (R5)
20.28' (R5)
11.68'
5.09' (R2)(R5)
TRACT 7373 PHASE - 1M.BK. 65, PG.'S 89-92
RECORDER'S STATEMENT
ACCEPTED FOR RECORD AND FILED IN BOOK OF TRACT MAPS AT PAGE IN
THE OFFICE OF THE KERN COUNTY RECORDER THIS DAY OF , 20 , AT M., AT THE REQUEST OF MICHAEL DAUSTER.
JON LIFQUIST
KERN COUNTY ASSESSOR-RECORDER
BY:
DEPUTY RECORDER
60 of 70
1 AGREEMENT NO. 2022 -____
S
UBDIVISION AGREEMENT
FOR
TRACT MAP 7373 – PHASE 2 (49 LOTS)
T
HIS AGREEMENT, entered into this day o f , 2022 by and between the CITY OF WASCO, a Municipal Corporation, herein referred to as the “City”; and LEORA, LLC. herein referred to as the “Developer”.
W
ITNESSETH:
W
HEREAS, the Developer is developing and subdividing land in the City of Wasco, under the provisions of the Subdivision Map Act (Government Code Sections 66410 et. seq., referred to as the “Map Act”), and under the provisions of the Subdivision Ordinance of the City of Wasco (Wasco Municipal Code), referred to as the “Ordinance”, and
W
HEREAS, the tentative map TRACT MAP 7373 has been approved by the Planning Commission of the City (Advisory Agency), subject to certain approved exceptions and conditions; and W
HEREAS, the Developer has submitted the final map to the City Council of the City for approval in accordance with the Map Act and the Ordinance, said final map shall be referred to as the “ Final Tract Map 7373 – Phase 2, or “Subdivision”; and
W
HEREAS, the Developer has complied with all provisions of the Map Act and the Ordinance applicable to the Subdivision, excepting only that the Developer has not completed the improvement work therefor and has not set or placed all of the permanent monuments required for the Subdivision, but desires to enter into an agreement with the City to complete the required improvement work within the time and in the manner provided herein; and
WHER
EAS, the City Council of the City is willing to approve the Final Tract Map, and to accept on behalf of the City all of the streets, easements and pedestrian ways dedicated thereon or deeded to the City in connection therewith, under the terms and conditions hereinafter more particularly set forth; N
OW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, IT IS EXPRESSLY AGREED AND UNDERSTOOD as follows:
I.
C
oncurrently upon the execution of this Agreement and upon posting by the Developer of the Improvement Security as mentioned herein, the City, by and through its City Council, does hereby agree to approve the Final Tract Map 7373 – Phase 2, and to accept all streets, easements, and pedestrian ways dedicated thereon or deeded by the Developer to the City in connection therewith. Improvement Security shall be as hereinafter provided for, to be approved by the City Council of the City and shall be in the amounts fixed by said City Council.
II.
F
or and in consideration of the approval of the Final Tract Map referred to in Paragraph I hereof, and for and in consideration of the acceptance of the streets, easements and pedestrian ways dedicated thereon or deeded to the City in connection therewith, the Developer hereby agrees as follows:
61 of 70
2 In accordance with the requirements of the City Council, the Developer shall construct, at its sole cost and expense, those improvements, shown on the plans, profiles and specifications, all as approved by the City Engineer, and all of which are incorporated in the Agreement by reference as a part hereof, and which are generally designated as follows: Curbs, gutters, sidewalks, grading, paving, drainage facilities, landscaping, parking, sanitary sewers, water distribution system, street name signs, street lighting and utility systems.
1. I
MPROVEMENTS TO BE CONSTRUCTED:
(a) Developer shall grade, pave, construct and improve all of the Streets, Easements and Pedestrian Ways dedicated to the City or deeded by the Developer to the City in connection therewith, pursuant to and in accordance with those provisions of the Wasco Municipal Code applicable thereto and, more particularly pursuant to and in accordance with the Plans and Profiles, and by this reference incorporated herein.
(b) Developer shall install a Water Distribution System, including the construction and installation of all pipelines, appurtenances, and services to each lot, pursuant to and in accordance with those provisions of the Wasco Municipal Code applicable thereto, and more particularly pursuant to and in accordance with the Plans, and by reference incorporated herein.
(c) Developer shall install a Sanitary Sewer System, including the construction and installation of all pipelines, manholes, appurtenances, and services to each lot, pursuant to and in accordance with those provisions of the Wasco Municipal Code applicable thereto, and more particularly pursuant to and in accordance with the Plans and Profiles, and by reference incorporated herein.
(d) Developer shall site grade, compact and improve building sites, so as to drain properly within the Subdivision, pursuant to and in accordance with the Plans and Specifications, and by reference incorporated herein.
(e) Developer shall provide for all necessary Storm Drainage Facilities, including the construction and installation of pipelines, sumps, and appurtenances, pursuant to and in accordance with the Wasco Municipal Code applicable thereto, and more particularly pursuant to and in accordance with the Plans and Profiles, and by reference incorporated herein.
(f) Developer shall construct all public utilities as required by the Wasco Municipal Code.
Services from the public utilities, consisting of telephone, gas, electric, water, sewer and cable t.v. service, shall be provided for each lot within this subdivision. This shall also include a Street Lighting System.
Developer shall furnish the City with written statements from the Electric Company, Gas Company, Telephone Company, and Cable T.V. Company, specifying that financial arrangements and terms for the installation of all electrical, gas, telephone and cable t.v. services have been made for the subdivision. The terms thereof shall guarantee the installation of said services to each lot as required at no cost to the City and shall be subject to the approval of the City Engineer.
(g) Developer shall provide for the setting or placement of all permanent monuments required for the Subdivision by the Wasco Municipal Code. Said permanent monuments shall be placed or set in accordance with said Municipal Code and shall be located in such positions and shall be of the character and type specified therein. Property lines shall be marked with a chiseled line on the top of curb.
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3 (h) Developer shall, remove, relocate or replace all obstructions, or otherwise make all necessary arrangements to have said obstructions relocated, at his own expense. Said obstructions and their removal and/or relocation, shall be shown on all applicable plans and profiles, and shall not hinder any construction.
(i) All changes, relocations, or modifications required for the development of the proposed subdivision to existing city utilities, streets and facilities whether within the boundaries of the subdivision or offsite, and all changes, relocations and modifications to other p ublic utilities including, but not limited to electric, gas, water or telephone lines, caused by the development of the subdivision shall be paid for by the Developer. If Developer damages any public or private utility, said utility is to be repaired or replaced at Developer’s expense.
(j) Developer shall furnish the City with a written statement from the U.S. Postal Service stating that all required mailboxes for the Subdivision have been installed per the specifications of the Postal Service
(k) Developer shall, when deemed necessary for emergency vehicle and/or city service vehicle access, construct temporary turnarounds and/or temporary road connections to adjoining public streets to facilitate safe ingress and egress to the development area.
(l) Items (a) through (k) above shall be completed prior to the issuance of Certificate of Occupancy for any residence within the Subdivision.
2. M
ANNER OF CONSTRUCTION:
The improvements designated above shall be installed and constructed in accordance with all of the following:
(a) Wasco Municipal Code.
(b) Kern County Standards
(c) The California Subdivision Map Act.
(d) Approved plans, specifications and profiles.
(e) Standard City specifications and grades.
(f) State of California Business and Transportation Agency Standard Specifications (Current Edition).
(g) Good engineering practices and workmanlike manner.
3. TI
ME FOR COMPLETION:
All of said improvements shall be completed in full in accordance with the terms of this A
greement and to the satisfaction of the City Engineer within twelve (12) months from the date of approval of this Agreement, to wit: on or before August 29, 2023, or any extension of said completion date granted by the City Council. Any work which affects any existing City maintained road or traffic thereon shall be completed within thirty (30) working days from start of work.
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4 4. I NSPECTION AND APPROVAL OF WORK:
(a) All improvement work shall be subject to inspection by the City’s designee and shall be completed to their satisfaction.
(b) When all of the required improvement work has been satisfactorily completed, upon written application of the Developer, the City’s Designee and the Developer and his Engineer or designee shall inspect and approve the same within a reasonable time and shall forward his recommendation to City Council showing the date of inspection and approval.
(c) If the City Council approves the recommendation, it shall make its order accepting or approving the work of improvement.
(d) Such order of acceptance or approval made by the City Council shall be deemed operative from the time of approval of the work of improvement by the City’s designee, as shown in his said certificate.
(e) Except as otherwise provided, the Developer and surety shall be deemed released from liability for damage or injury to such work so accepted by said Council, and from the maintenance thereof, from and after the time said order is operative. However, the foregoing provision shall not relieve the Developer or its surety from any damage or injury to such work of improvement or any maintenance required therefor arising from any other work undertaken by the Developer or its surety, or as may necessarily be done by the City in the performance of any part of the required improvement work as a result of any default in the performance of this Agreement by the Developer or its surety or arising from any willful act or negligent act or omission of the Developer or its surety or their contractors, agents or employees, or arising from defective work or labor done or defective materials furnished in the performance of the Agreement.
(f) At the time of making of the order of acceptance or approval of such work, as the case may be, said Council shall affect a reduction of the improvement security in accordance with other provisions of this Agreement.
(g) The provisions of (e) notwithstanding, the Developer shall not be released from liability arising from damage or injury to such work of improvements that may have been accepted by the City that has been caused by the construction of new homes and relat ed accessories in the subdivision. A close-out inspection shall be called for by the Developer/Developer prior to the release of the final building permit. All damage or injury shall be corrected prior to the issuance of a certificate of occupancy for the final building.
(h) Pursuant to City of Wasco Municipal Code Section 16.12.050(C), no final certificate of occupancy shall be granted for any building until such time that all required improvements for Tract 7373 Phase 2 have been completed and accepted by the City Council.
5. CH
ANGES AND ALTERATIONS:
(a) The Developer shall make no change or alteration in such work except with written approval by the City Engineer.
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5 (b) The Developer shall carry out such changes or alterations in such work as may be ordered by the City Engineer in the exercise of its reasonable discretion, as follows:
(i) As required by the Map Act;
(ii) As consistent with City ordinance, applicable at the time of approval of the tentative map; or
(iii) As made necessary by conditions of the soil, topography, drainage, flood hazard, or fire hazard not foreseen at the time of approval of the tentative map.
(c) In any case, all changes or alterations in such work shall be otherwise performed and fully and timely completed in accordance with all other provisions of this Agreement.
(d) Within sixty (60) days following City’s acceptance of subdivision improvements, Developer shall provide City Engineer with original set of improvement plans and electronic drawings (AutoCAD) containing the appropriate posted “Record Drawi ngs” changes. Changes shall be clearly noted as changes on said plans.
6. G
UARANTEE AGAINST DEFECTS:
The Developer hereby guarantees all features of the work of improvement for a period of 12 months following the acceptance of the work against defective work or labor done, or defective material furnished, in the performance of this Agreement; and Developer agrees to correct, repair or replace promptly when demanded by the City all such defective work or labor done, or defective materials furnished, as may be discovered within such 12 month period and reported to the City Council.
Provided further that the Developer shall repair or replace all features of the work of improvement as directed by the City Engineer that are damaged by construction, including but not limited to dwellings and related accessory features, that occurs after the expiration of the 12 month warrantee. The issuance of the final certificate of occupancy for a dwelling shall be withheld until the damage is corrected.
7. I
MPROVEME NT SECURITY:
(a) As provided for in the Wasco Municipal Code, the Agreement shall be secured by good and sufficient security, which shall be filed with the City prior to certification of the final map by the City Engineer. Such improvement security shall consist of either (1) a faithful performance bond or bonds by one or more duly authorized corporate sureties; or (2) a deposit, either with the City or a responsible escrow agent or trust company, selected by the City, of cash or negotiable bonds of the kind approved for securing deposits of public moneys, or (3) an irrevocable instrument of credit form one or more responsible financial institutions regulated by State or Federal government and pledging that the funds are on deposit and guaranteed for payment on demand by the City. The forms of all documents relating to such security shall be subject to approval by the City Attorney. The corporate surety bond shall conform substantially with the form set forth in Section 66499.1 of the Map Act. The estimated cost of the various features of the work of improvement shall be used, if applicable, as the basis for the reduction of bonds in connection with the final completion of any feature of the work (or any unit thereof).
Costs referred to herein are as set forth on the Costs Estimate for the Subdivision, as submitted for approval to, and on file in the office of, the City Engineer.
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6 (b) The estimated cost of the various features of the work of improvement, to be used as the basis for determination of the amount of such security and for reduction of security in accordance with other provisions of this Agreement, is as follows:
Sewer Improvements . . . . . . . . . . . . . . . . . . . . . . . . $ 19,013.50 Water Improvements . . . . . . . . . . . . . . . . . . . . . . . . $ 12,924.50 Street Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,715.40 Street Improvements . . . . . . . . . . . . . . . . . . . . . . . . $ 76,175.50 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 Amenities and Special Construction………………. $ 0.00 SUBTOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,828.90
20% Contingency . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,965.78 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 131,794.68
(c) Said improvement security shall be in the amount of 100% of the total estimated cost of the improvement, conditioned upon the faithful performance of the Agreement, as follows:
(1) The faithful performance and full and timely completion of the work according to this Agreement; and
(2) The guarantee and maintenance of the work of improvement for a period of 12 months following the completion and approval thereof, against defective work or labor done, or defective materials furnished, in the performance of this Agreement; and
(d) Said improvement security shall also be in an additional amount of 50% of the total estimated cost of the improvement, securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement; and if such portion of the improvement security is:
(1) A cash deposit, suit may be maintained against the holder of such deposit; or
(2) A surety bond, suit may be maintained against the surety, or an instrument of credit, suit may be maintained against the financial institution of obligating itself as trustee on such instrument.
8. RE
DUCTION AND RELEASE OF SECURITY:
(a) Improvement security may be reduced or released on order of the City Engineer in accordance with this Section.
(b) Improvement security given for the faithful performance of the Agreement shall be reduced at the time and in the manner provided herein, subject to retention of security for defects as hereinafter provided.
(c) Whenever improvement security is reduced on account of approval of units of the work such shall be subject to retention of security for defects and security against damage as hereinafter provided.
(d) In any case, however, the City in the exercise of its reasonable discretion shall retain ten percent (10%) of the improvement security for faithful performance to secure the maintenance and guarantee of such improvement work for a period of 12 months 66 of 70
7 following the operative date of the order of said Council for the acceptance or approval thereof, as the case may be, and (in the case of acceptance or approval of a unit of the improvement work as its progresses) to secure the maintenance and guarantee of the work of improvement so accepted or approved against damage thereto by any other work undertaken by the Developer or its surety. The amounts of improvement security so retained shall be finally released one (1) year following the operative date of the order of the city Council for the acceptance or approval thereof, as the case may be, provided that no defective work or labor done or defective materials furnished in the performance of the work has been discovered within such 12 month period and reported in writing to the said Council, and further provided (in the case of acceptance of a unit or units of the improvement work as it progresses) that no damage has been done to the required improvement work so accepted by any other work undertaken by the Developer or its surety.
(e) Improvement security for payment to the contractor, or any of his subcontractors of any person renting equipment or furnishing labor or materials to them for the work of improvement may, six (6) months after the completion of the work of improvement and the making of the order for its acceptance or approval, as the case may be, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City, and if no such action is filed, such improvement security may be released in full.
9 CO
MPLETION BY SURETY OR CITY:
(a) If the City Council, in the exercise of its reasonable discretion, shall determine:
(1) That the Developer has failed to properly and fully complete all of the work of improvement in accordance with this Agreement, and within the time (or any extension of time) provided herein; and
(2) That the Developer has failed or neglected to begin work, or any feature of the work, within a time which will reasonably allow its completion within the time (or any extension of time) provided in this Agreement; or
(3) That the Developer has created an unsafe or hazardous condition which requires immediate correction.
(4) That the Developer has abandoned any of the work; or
(5) That the Developer has failed to keep the work under direct control of a superintendent, manager, engineer or other competent agent.
(6) That the Developer (if he shall be an individual) has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; or
(7) That the Developer has filed a petition in bankruptcy or has been declared bankrupt then the City Council may determine to, and the City may give the Developer and its Surety fourteen (14) days’ written notice to proceed with the work, without prejudice to any other remedy the City may have in law or equity.
(b) If the Surety shall proceed with the work, the Surety shall be subject to all of the provisions of this Agreement as in the case of the Developer.
(c) If the Developer or its Surety shall fail or neglect to proceed with the work diligently and in good faith in accordance with this Agreement after such notice has been given, the 67 of 70
8 City may thereafter, at its sole option and without prejudice to any other remedy, provide the necessary supervision, equipment, materials and labor as it may determine necessary to undertake and complete the work of improvement or any part thereof in the manner required by this Agreement, by independent contract or by City forces, all for the account and at the expense of the Developer, and the Developer and its Surety shall be liable to the City and shall pay the City on demand, any expenses incurred by the City in the course thereof.
10. IN
DEMNIFICATION PROVISIONS:
(a) The Developer shall, and it does hereby agree to hold harmless and indemnify the City and its Council, officers and employees, from every liability, claim, suit or demand which may arise or may be made by reason of:
(1) Any act, omission or neglect of the Developer, its engineers, employees, agents or contractor; or
(2) Any injury to any person, death of any person, or damage to any property, sustained by any person, firm or corporation while in or upon the parcel of land herein mentioned and for which the Developer is legally liable (excepting negligence of the City, or its officers or employees); or
(3) Any injury to or death of the Developer or any officer or employee of the Developer, or any damage to the property of any such person, firm or corporation, and for which the Developer is legally liable (excepting any negligence of the City or its officers or employees); or
(4) Any damage to or taking of any property arising from said plans, specifications or profiles, or arising from the work of construction or the conduct thereof.
(b) The Developer at its own cost, expense and risk shall defend all legal proceedings which may be brought against the City, its Council, officers and employees, on any liability suit, claim or demand which it has agreed indemnify them against herein, and shall satisfy any resulting judgment that may be rendered against any of them.
(c) It is mutually agreed that the Developer’s surety under the improvement security for faithful performance shall not be deemed liable for performance of any of the foregoing provisions of this section, unless said surety shall undertake the completion of any improvement or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission or neglect of the Surety, its engineers, employees, agents or contractors in the course of the completion of such improvements or the conduct of such work by said Surety.
11. A
TTORNEY’S FEES ON SUIT:
If any suit be brought by the City for the recovery of any sum due under this Agreement, for a ny damages for the breach of this Agreement, or to compel performance of this Agreement, the City shall be entitled to such portion of such reasonable attorney’s fees as the Court may determine, in addition to its cost of suit.
12. I
NSURANCE REQUIREMENTS:
(a) The Developer shall at all times during the course of any of the improvement work, secure and maintain, and shall cause its contractors to secure and maintain, in the manner required by law, workers’ compensation insurance as required by the California Labor Code and amendments thereto, and shall furnish to the City satisfactory evidence thereof. 68 of 70
9 (b) The Developer shall maintain, and pay premiums on, a policy of comprehensive liability insurance in the amounts given below, in form and with insurance companies satisfactory to the City, containing an endorsement including the City, its Council, officers and employees as additional named insured.
(c) The limits of said policy shall be in amounts not less than Bodily Injury, $500,000 per person and $1,000,000 per accident; and Property Damage $500,000 per accident and $1,000,000 aggregate amount.
(d) Prior to undertaking any work of construction, the Developer shall file with the City Clerk, a true copy of said policy of insurance, with the endorsement thereon aforementioned, certified by the carrier.
(e) The Developer shall continue to so maintain said policy and pay the premiums thereon for a period of one (1) year from and after the acceptance or approval, as the case may be, of the entirety of the improvement work.
(f) In case the estimated cost of the required work of improvement is found to be less than $10,000, the City Council may approve limits of insurance coverage in lesser amounts than those specified in (c) above.
13. F
EES:
The Developer shall pay all fees and charges scheduled pursuant to the Wasco Municipal Code as may be amended from time to time.
14. Q
UIMBY/ PARK IMPACT FEES
Pursuant to the Wasco Municipal Code, the Developer shall pay Quimby/ Park Impact fee which includes Neighborhood Parks fee and Community Parks fee.
15. F INAL MAP FEE:
Pursuant to the Wasco Municipal Code, the Developer shall pay a Public Works Final Map fee which includes all charges for checking and recording the Final Map performed by the City.
16. P
UBLIC WORKS INSPECTION FEE:
Pursuant to the Wasco Municipal Code, the Developer shall pay a Public Works Inspection fee which includes all charges for inspection by the City of the Subdivision.
17. CO MMUNITY FACILITIES DISTRICT:
Prior to any lot being sold to an individual buyer, the owner(s) shall agree to annex the entire subdivision into a Community Facilities District.
18. EN
GINEERING FEE:
Pursuant to the Wasco Municipal Code, the Developer shall pay an Engineering Fee which includes all charges for Improvement Plan Check performed by the City. This fee shall be a minimum of (1) percent of the engineer’s estimate.
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10 IN WITNESS WHEREOF, the parties to this Agreement have executed the same on the day and year first mentioned herein.
RECOMMENDED FOR APPROVAL CITY OF WASCO
By ________________________________ By _________________________ Juan Pantoja, City Engineer M. Scott Hurlbert, City Manager
APPROVED AS TO FORM ATTEST BY:
By ________________________________ By _________________________ City Attorney Maria O. Martinez, City Clerk
“DEVELOPER”
By __________________________________ By __________________________________
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