FOWLER CITY COUNCIL MEETING AGENDA TUESDAY, AUGUST 3, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 SOUTH 5TH STREET FOWLER, CA 93625  In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to aqle.@dowercaus, Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the This meeting will be conducted pursuant to the provisions of the Governor's Executive Order N-25-20 which suspends certain requirements of the Ralph M. Brown Act. The telephone number listed below will provide access to the meeting via teleconference. Please note: when joining the teleconference you will be asked your name which will be  enable the City to make reasonable arrangements to ensure accessibility.  record of proceedings but will not be read aloud.  used to identify you during any public comment period.  Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference have their phone set on "mute" to eliminate background noise or other interference from Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and Resolutions and Ordinances - With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or  telephonic participation.  documents may be posted on the City's website at www.fowlercity.org.  Page 1of4    ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived  by unanimous consent oft the Council. Meeting Called to Order Roll Call Public Comment  1. 2. 3.  This portion of the meeting is reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per  person and no more than 15 minutes per topic.  4.  Consent Calendar  Items on the Consent Calendar are considered routine and include a recommended action, and shall be approved by one motion of the Council. If a Councilmember or member of the public requests additional information or wishes to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councimember opposes the recommended action for an item, the item should be removed. and discussed and acted upon as a separate item. 4-B. APPROVE Minutes of the July 20, 2021 City Council Special Meeting 4-C. APPROVE Minutes of the July 20, 2021 City Council Meeting  4-A. RATIFYWarrants for August 3, 2021  4-D. APPROVE Resolution No. 2509, A resolution of the City Council of the City of Fowler calling upon the 2020 California Citizens Redistricting Commission to recognize and preserve the City of Fowler and surrounding area as a Unified 4-E. APPROVE an agreement with Fresno County Fire Protection District to provide the City of Fowler with Emergency Dispatch Services in an amount not to exceed  Community of Interest (City Clerk)  $5,756.91 for Fiscal Year 2021-2022 (Fire)  5.  General Administration 5-A. Planning  i: APPROVE design direction for Merced Street Streetscape improvements ii. Actions pertaining to housing starts related to Tract 6188 and Tract 6274.  1.  Consider Letter. Amendment to Subdivision Agreement for Marshall Estates (KB Homes) - Tract 6188 amending the subdivision agreement allowing for early housing starts. Consider Letter. Amendment to Subdivision Agreement for  2.  Page 2of4    Woodside Homes  Tract 6274 amending the subdivision  agreement allowing for early housing starts.  5-B. Public Works i.  Public Hearing to APROVE Resolution No. 2511 Confirming the Diagram and Assessment for the 2021-2022 Annual Levy of Assessments for the City of Fowler Landscape and Storm Drainage Facilities Maintenance District No. 1 (Item to be continued to August 17, 2021, City Council Consider proposals from vendors for the City's Solar/Energy Conservation Project and provide Staff direction on the selected  meeting)  ii.  consultant to begin negotiating a Project Agreement  5-C. City Manager's Office  i.  COVID-19 Update  6. 7. 8.  Staff Communications (City Manager) Councimember Reports and Comments  Closed Session  8-A. Government Code Section 54957.6 Conference with Labor Negotiator Agency Representative: City Manager Employees: All Unrepresented Employees 8-B. Government Code Section 54956.8 Conference with Real Property Negotiator Agency Negotiator: Wilma Quan, City Manager Negotiating Party: Abdallah Qawadri Under Negotiation: Price and terms of potential sale 8-C. Government Code Section 54956.9(d)1) Conference with Legal Counsel - Existing Litigation  Property: APNs 343-233-02ST and 343-233-03ST (NW corner of S. 7th St. and E.  Vine St.)  City of Fowler V. Jill Johnson, et al.; Fresno County Superior Court Case No. CECG 21CECG00546 - (Property Receivership Case for 429 E. La Crosse  Avenue) Adjourn  9.  Next Ordinance No. 2021-03 Next Resolution No. 2512  Page 3 of4    CERTIFICATION: I, Angela Vasquez, Deputy City Clerk oft the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, July30,2021.  Voawvs  Angela Omp Vasquez Deputy City Clerk  Page 4 of4    ITEM  4A  6    388  o 888 d8 888 38888888888888 000 o 000 0000000000000000000000o666066066d  0%%    8888888888888 0000000000000000  888888 888888 3888888888888  000000 6000000000000    6 o4  888 8888 88888 8888 8888888 8888 8 888888888888 888 000 0000 00000 0000 0000000 0000 o 000000000000 000  NNC  Ou NNC M  0    88885368  n00  0f d8 d0 d8 888888888 8 8 8 8 - d8 88888888 8 88888888888 o o 000000000 o o o o o 00000000 o 00000000000    38888888888888 8888 8 888 00000000000000 0000 o 0o o  :e    d0 00 d0    ITEM  4B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING TUESDAY. JULY: 20, 2021  Mayor Cardenas called the meeting to order at 6:05 p. m. Roll call was taken.  Councilmembers Present: Cardenas, Kazarian, Mejia  City Staff Present:  City Manager Quan, City Attorney Cross, Community Development  Director Gaffery  PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  No reportable action was taken on the item. The meeting reconvened to open session at 7:02 p.m.  ADJOURNMENT  Having no further business, the meeting adjourned at 6:55 p.m.    ITEM  4C  MINUTES OF THE FOWLER CITY COUNCIL MEETING  Tuesday July 20, 2021  Mayor Cardenas called the meeting to order at 7:02 p. m.  Councilmembers Present: Cardenas, Kazarian, Mejia, and Parra (via phone)  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Coordinator Hernandez, City Planner Marple, Finance Director Moreno, City Engineer Peters, Deputy  City Clerk Vasquez  3.  PUBLIC COMMENT  Manuel Cunha of the Nisei Farmers League addressed the Council.  4.  CONSENT CALENDAR the Council on item 4-F.  Ruben Espinosa and Lucy Solis addressed the Council on item 4-J. Lupe Orozco addressed Councilmember Kazarian made a motion to approve the consent calendar, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Kazarian,  Mejia, Cardenas, Parra. GENERAL ADMINISTRATION 5-A. PLANNING DEPARTMENT  5.  Consider Letter Amendment to Subdivision Agreement for Marshall Estates (KB Homes) - Tract 6188 amending the subdivision agreement ii. Consider Letter Amendment to Subdivision Agreement for Woodside Homes = Tract 6274 amending the subdivision agreement allowing for City Engineer Peters provided an overview of the subdivisions currently underway. A representative, from KB. Homes and Woodside Homes spoke to Council about their individual subdivisions. The representatives presented their proposals to proceedwith home production prior to the completion of certain. subdivision agreement requirements that were previously approved by Council. Various Councilmembers had questions about the amenities and delivery timelines. Council disapproved without prejudice and directed staff to meet with the developers on their request prior to the next meeting.  allowing for early housing starts.  early housing starts.    Councilmember Kazarian made a motion to disapprove without prejudice, seconded by Councilmember Mejia. The motion carried by roll call vote: Noes: Kazarian, Mejia, Cardenas, Parra.  5-B. PUBLIC WORKS  Consider proposals from vendors for the City's Solar/Energy Conservation Project and provide Staff direction on the selected Public Works Director Dominguez provided an overview of the proposals received by Barrier, Pickett, and. Sitelog/Q. Various Councilmembers asked solar providers questions about their individual proposals and capabilities. Council directed staff to meet with each solar provider again to obtain a breakdown of their costing, performance guarantees, and energy management services, and then return to Council with this additional  consultant to begin negotiating a Project Agreement  information.  5-C CITY MANAGER'S OFFICE  COVID-19 Update  City Manager Quan reported that the Fresno County. Department ofPublic Health' 's data shows Fowler' 's vaccination rate is 56.2% and remains one of the highest in the County. She advised FCDPH will hold a mobile vaccination clinic at Fowler Farmer' 's Market on. July 28, 2021 and provide local restaurant gift cards to the first 70 people vaccinated. City Manager Quan stated. she, the Mayor, and. staffreceived. a tour of Maxco earlier this  week.  6.  STAFF COMMUNICATIONS-(CITY MANAGER)  6-A. POLICEI DEPARTMENT  Police Chief Alcaraz distributed. DOJ crime statistics for the month of. June 2021. ChiefAlcaraz reportede eighteen citizens were cited for possession and use ofillegal fireworks on the Fourth ofJuly. The Council commended the department for their  dedication. 6-B. PLANNING  City Engineer Dave Peters updated Council on this year' 's Community Development Block Grant project application and submission.    6-C. FINANCE DEPARTMENT  Finance Director. Moreno reported that on. July 13, 2021 the City received. the first  halfofAmerican Rescue Plan Act monies ofroughly $812,000.  6-D. SENIOR/REC CENTER  Recreation Coordinator. Hernandez announced. Fowler Farmer' 's Market will begin next Wednesday, July 28, 2021 and will occur on Wednesdaysfor) fourteen weeks. She also reported public swim openedyesterday and will continue the next four  weeks.  7.  COUNCILMEMBER REPORTS AND COMMENTS  Councilmember Kazarian reported he attended the Economic Development Corporation' 's Five Cities meeting and stated progress continues in connecting east side cities. A logo has been Councilmember Mejia wishadaspe-dyrecovery. to. Recreation Committee member Patric. Jones. Councilmember Parra thanked City staff. for their hard work. He also announced he was Mayor Cardenas stated the Maxco plant was impressive and recommended the tour. He inviteda Councilmember to meet with. Aisemb)pmemberog.hn Arambula on July 27, 2021.  selected and a website is being developed.  nominated to be 2nd Vice-President ofthe League ofCalifornia Cities.  8.  ADJOURNMENT  Councilmember Kazarian made a motion to adjourn, seconded by Councilmember Parra.  The motion carried and the meeting adjourned at 9:21 p.m.    ITEM  4D  RESOLUTION NO. 2509  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER  CALLING UPON THE 2020 CALIFORNIA CITIZENS REDISTRICTING COMMISSIONTO RECOGNIZE AND PRESERVE THE CITY OF FOWLER AND SURROUNDING AREA AS A  UNIFIED COMMUNITY OF INTEREST  WHEREAS, for almost 140 years, Fowler has been home to families and individuals from all walks of life who live together, work together, send their children to school together, share traditions and values, and are united by the place they call home and the community to which they belong:  Fowler; and  WHEREAS, the City of Fowler ("City") was incorporated in 1908 and today is home to more than 6,000 residents within the City limits and nearly 7,000 residents within the City's sphere of  influence ("SOI"); and  WHEREAS, in November 2008, California voters passed the Voters FIRST Act, authorizing the creation of the Independent Citizens Redistricting Commission to draw new district lines, taking the job out oft the hands ofthe California Legislature and transferring it to the citizens; and  WHEREAS, the 2020 California Citizens Redistricting Commission ("Commission") is tasked with drawing district boundaries for U.S. Congressional, State Senate, State Assembly, and State  Board ofl Equalization district lines; and  WHEREAS, Subdivision d, of Section 2, of Article XXI, of the California Constitution requires the Commission, when drawing the redistricting lines, to respect "[t]he geographic integrity of any city . local neighborhood, or local community of interest" and provides that "Ta] community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes ofi its effective and fair representation"; and  WHEREAS, the City Council recognizes that the residents of the City of Fowler and those residing in the City's SOI and surrounding areas make up a unified community ofinterest that should be recognized and preserved as a singular body politic for representation in the U.S. Congress, State NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER RESOLVES AS  Senate, State Assembly, and State Board of] Equalization.  FOLLOWS: 1. 2.  The residents of the City of Fowler and those residing in the City's SOI and surrounding areas The City Council calls upon the Commission to recognize the City of Fowler and surrounding areas as a unified community of interest for purposes of redistricting and preserve that community by drawing district lines for the U.S. Congress, State Senate, State Assembly, and State Board of Equalization that maintain the entire community, including the City, SOI, and surrounding areas, within the same respective district for U.S. Congress, State Senate, State Assembly, and State Board of  are a unified community ofinterest for purposes of the Commision'sreisticing  Equalization.  1    3.  This Resolution shall be transmitted to the Commission to be made part of the public record. The foregoing resolution of the City of Fowler was duly and regularly adopted by the City Council of the City of Fowler at a regular meeting held on August 3, 2021, by the following vote:  AYES: NAYS: ABSTAIN: ABSENT:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk  2    ITEM  4E  FOWLER CITY COUNCIL  1908  ITEM NO: 4-E  REPORT TO THE CITY COUNCIL  August 3, 2021 FROM: SUBJECT  Manuel Lopez, Fire Chief  Approve an agreement with Fresno County Fire Protection District to provide the City of Fowler with Emergency Dispatch Services in an amount not to exceed $5,756.91 for Fiscal Year 2021-2022.  RECOMMENDATION  Staff recommends approval of an agreement with Fresno County Fire Protection District to provide the City with Emergency Dispatch Services in an amount not to exceed $5,756.91 for Fiscal Year  2021-2022. BACKGROUND  The Fresno County Fire Protection District ("District") will provide the City and the Fowler Fire Department with Emergency Dispatch Services for any and all medical responses, motor vehicle accidents, fires, mutual aid calls, and any other life threating emergency that comes through the 911 system within the response area of the Fowler Fire Department. The District has been providing The term of this agreement will be from July 1, 2021 to June 30, 2022. The City will pay the district annual costs for Emergency Dispatch Services in the amount of $5,756.91, as shown on Exhibit C. The City Manager will be authorized to extend the agreement for an additional 12 months and  emergency dispatch services to the City since 2007.  increase the total contract amount to no more than $10,000 per fiscal year.  FISCAL IMPACT  Funds associated with this agreement are included in the FY 2021-2022 budget, which was adopted  by Council on June 15, 2021.    Attachments:  Fresno County Fire Protection District Emergency Services Agreement Exhibit A - Fresno County Fire Protection District Organizational Chart Exhibit B - Fresno County Fire Protection District Standard Response Plan Exhibit C- City of Fowler FY2 2020-2021 Cost Estimate (Dispatch Services Only)    COOPERATIVE AGREEMENT AND THE CITY OF FOWLER  BETWEEN FRESNO COUNTY FIRE PROTECTION DISTRICT  Made for the following services: FIRE PROTECTION MEDICAL SERVICES RESCUE SERVICES  FIRE PREVENTION AND CODE ENFORCEMENT X EMERGENCY DISPATCH SERVICES FIRE APARATUS REPAIR AND MAINTENANCE - HAZMAT RESPONSE SERVICES  THIS AGREEMENT, made and entered into and effective this 1st day of July, 2021, by and between The Fresno County Fire Protection District (hereinafter referred to  as "District") and the City of Fowler, whereby it is agreed as follows:  Article I.  SECTIONI :: PURPOSE AND SCOPE  The purpose of the Agreement is to arrange for the DISTRICT, through its Cooperative Fire Protection Programs and current Fire Protection Reimbursement Agreement ("CAL FIRE Agreement') with the California Department of Forestry and Fire Protection ("CAL FIRE") to provide CITY OF FOWLER with Emergency Dispatch Services. Fresno County will dispatch Fowler Fire Department to any and all medical responses, motor vehicle accidents, fires, mutual aid calls, and any other life threatening emergency that comes through the 911 system within the response area of the Fowler  Fire Department ("Scope of Services").  This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55606, 55632 and 55642, and will provide Emergency Dispatch Services only. The parties hereto understand and agree that services to be provided under this agreement must be consistent with the terms and conditions of the CAL FIRE Agreement, that no services may be provided by the District under this agreement that are not consistent and in conformity with the CAL FIRE. Agreement, and that the District is under no obligation to provide services under this agreement that are  not consistent and in conformity with the CAL FIRE Agreement.  SECTIONI: DESIGNATION OF FIRE CHIEF  A. The DISTRICT Fire Chief appointed by the Board of Directors of the DISTRICT, or his designee, (hereinafter referred to as "Chief") shall represent the DISTRICT during the period of this Agreement and Chief shall, under the supervision and direction of the DISTRICT'S Board of Directors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of  Cooperative Fire Agreement City of Fowler July 1, 2021 to June 30, 2022 1of8    providing Emergency Dispatch Services (only) as deemed necessary to satisfy the needs of both the DISTRICT and CITY OF FOWLER, except upon those lands wherein other agencies of government have responsibility for the same or similar fire protection  services.  B. CITY OF FOWLER shall assign an existing Chief Officer or designee as the City of Fowler contract representative ("City of Fowler Representativel). The DISTRICT Fire Chief shall communicate with the City of Fowler Representative for directing the Emergency Dispatch Services provided to CITY OF FOWLER as set forth in Exhibit "B".  SECTION III: PAYMENT FOR SERVICES  A. CITY OF FOWLER shall pay the DISTRICT actual costs for Emergency Dispatch Services pursuant to this agreement in an amount not to exceed Five Thousand Seven Hundred Fifty-Six dollars and Ninety-One cents ($5,756.91), as set forth in Exhibit "C," as amended ("Total Contract Amount"). The DISTRICT shall make a claim to CITY OF FOWLER for the actual cost of contracted services, pursuant to Exhibit "C," on a bi- annual basis with the first payment due on January 31st, covering the period July 1st thru December 31st. The second payment will be due on July 31st, covering the period January 1st thru June 30th. CITY OF FOWLER shall pay the claim within thirty (30) days after  receipt thereof.  B. The DISTRICT Fire Chief is authorized to negotiate and execute any amendments to Exhibit "C" of this Agreement on behalf of the DISTRICT without further authority from the DISTRICT'S Board of Directors. CITY OF FOWLER shall designate a "Contract Administrator" who shall, under the supervision and direction of CITY OF FOWLER, be authorized to execute amendments to Exhibit "C" on behalf of CITY OF FOWLER. CITY OF FOWLER's City Manager, in her sole discretion, may increase the Total Contract Amount to not more than Ten Thousand dollars ($10,000.00) ("Contract  Increase Amount").  SECTION IV: INITIAL TERM AND RENEWAL  A. The term of this Agreement shall be from July 1, 2021 to June 30, 2022. This Agreement may be extended by an additional term of twelve (12) months from July 1,2022 to June 30, 2023 ("Extension Term"), unless either party provides notice of non- renewal not later than April 1, 2022. Ifa notice of non-renewal is given unilaterally by the DISTRICT, except any notice issued because of actions of CAL FIRE or CITY OF FOWLER, the DISTRICT agrees to continue to provide Emergency Dispatch Services (only) to CITY OF FOWLER until such time as CITY OF FOWLER has a reasonable  opportunity to implement an alternative Emergency Dispatch Service..  B. The Scope of Services, Exhibit C, the Total Contract Amount, and Contract Increase Amount shall apply to the Extension Term, unless the parties agreed to a modification. CITY OF FOWLER shall give the DISTRICT written notice not later than April 1, 2022 of whether CITY OF FOWLER intends to change the level of fire protection  Cooperative Fire. Agreement City of Fowler July 1, 2021 to. June 30,2022 2of8    services from that provided by this agreement. DISTRICT shall give the CITY OF FOWLER written notice not later than April 1, 2022 of and proposed changes in rate(s)  and an updated Exhibit C for FY 2022-23. SECTIONV: PROPERTY ACCOUNTING  All personal property provided by CITY OF FOWLER and by the DISTRICT fori the purpose of providing Emergency Dispatch Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the DISTRICT Fire Department for the segregation,  care, and use of the respective property of each. SECTION VI: INDEMNIFICATION  A. DISTRICT and CITY OF FOWLER hereby agree to indemnify, defend and hold the other party, its governing board or council, officials, officers, employees, agents, attorneys and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of the indemnifying party or its subcontractors relating to the performance of this Agreement to the fullest extent permitted by law, unless the injuries or damages are the result of the non-indemnifying party's sole negligence or willful misconduct, subject to any limitations imposed by law. DISTRICT and CITY OF FOWLER agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.  C.P Prior to commencement of the Emergency Dispatch Services, DISTRICT shall take out and maintain at its own expense insurance coverage in an amount of not less than ONE MILLION dollars ($1,000,000.00) naming the CITY OF FOWLER as an additional insured. DISTRICT shall provide the CITY OF FOWLER with a Certificate of  Insurance showing proof of such coverage.  SECTION' VI: AUDIT  Thel DISTRICT/CITY OF FOWLER agree that their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The DISTRICT/CITY OF FOWLER agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.  Cooperative Fire Agreement City of Fowler July 1, 2021 to. June 30,2022 3of8    SECTION VII: DISPUTES  CITY OF FOWLER shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITY OF FOWLER, be available for contract resolution or policy intervention with the DISTRICT, when, upon determination by the DISTRICT Fire Chief that a situation exists under this agreement in which a decision to serve the interest of CITY OF FOWLER has the potential to conflict with the DISTRICT interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time (ten days), Disputes that are unable to be resolved by CITY OF FOWLER and the DISTRICT representatives will attempt to be resolved through arbitration. If arbitration is  shall be brought to the attention of the Contract Administrator. unsuccessful, venue for litigation will be the County of Fresno.  SECTION IX: ATTORNEY'S FEES  IfCITY OF FOWLER fails to remit payments for services rendered pursuant to any provision of this agreement, the DISTRICT may seek recovery of fees through arbitration  and/or litigation, in addition to all other remedies available.  In the event of arbitration or litigation between the DISTRICT and CITY OF FOWLER to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and  as a part of the judgment rendered in such arbitration or litigation.  SECTIONX: DELIVERY OF NOTICES  Any notices to be served pursuant to this Agreement shall be considered delivered  when deposited in the United States mail and addressed to:  FRESNO COUNTY FIRE PROTECTION DISTRICT Fire Chief 210 S. Academy Ave. Sanger, CA 93657  CITY OF FOWLER City Manager 128 S. 5th Street Fowler, CA 93625  Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder,  effective when such service is made. SECTION XI: ENTIRE CONTRACT  This Agreement contains the whole contract between the parties for the provision of Emergency Dispatch Services (only). Itr may be amended or modified upon the mutual written consent of the parties hereto. This agreement does NOT supplement other  Cooperative Fire Agreement City of Fowler July 1, 2021 to. June 30,2022 4of8    specific agreements entered into by both partners for equipment or facilities, and excepting those equipment or facilities agreements, this agreement cancels and  supersedes any previous agreement for the same or similar services.  IN WITNESS WHEREOF, the duty authorized officials of the parties hereto have, ini their respective capacities, set their hands as of the date first hereinabove written.  Dated:  CITY OF FOWLER  By: Title:  ATTEST: By: Title:  APPROVED AS TO FORM: CITY OF FOWLER LEGAL COUNSEL  (SEAL)  Dated:  FRESNO COUNTY FIRE PROTECTION DISTRICT  By:  President, Board of Directors APPROVED ASTO FORM: FRESNO COUNTY FIRE PROTECTION DISTRICT LEGAL COUNSEL  ATTEST: By:  Clerk of the Board  (SEAL)  Cooperative Fire Agreement City of Fowler July 1, 2021 to June 30,2022 5of8    A :  4    Exhibit B  Fresno County Fire Protection District Standard Response Plan 1st Alarm Response 1st Alarm Notifications  Incident Type  2nd Alarm Notifications X x 1 x x x x 1 x x x x X 1 x X X x X X X x X X  FIRE Structure Structure Target Hazard Fire Alarm Residential Fire Alarm Commercial Refuse Vegetation (LRA) Vegetation (SRA) Harvested. Ag Improvement Farm Equipment Veh (pass. Pickup) LRA/SRA Veh (big rig, bus) LRA/SRA Aircraft/Train Unknown Type/Reported Out EACH Additional Alarm Other Medical Aid/industrial. Accident Pin-in/Multi-Cas Technical Rescue MVA MVA (bus, train) FMS/PSA Haz-mat Incident (MEN, PAR) Smoke Check Bomb ThreatTerrorism  Eng Res TRKWT BC UC DC BC FP TGPIO UC DC BC FP TG  4 6 1 1or2 1 2 2 1 1 1 2 2 1 Duplicate 1st Alarm 1 2 3 1 1 2 3 1 2 1 1  1 2 1 1 2 2  See CALFIRE SRA Response  xA X X  X x  1 1 1  X x X x  x X x X  x x  x x x X X  1 2 1 1  X X x X X X X  Exhibit B    Special Notifications  Immediate Notifications UC DC BC FP TG X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X  Notifications Mutual Aid Out of Unit Response Unit Employee Injury or Death Unit' Vehicle Accident Fire Related Death Theft of Unit Equipment Nehicle 2or3 BC's Committed Special Staffing Pattern Red Flag Warning/Watch Arson Series Stress Debriefing Team Activation Augmented Dispatch  Out of Unit Response of Personnel X X X    Special Notes for Response Plan  & Notify Battalion Chief on Medical Aids with Weapons Involved. 6 On SRA Vegetation fires see Watershed Response Cards. 6 On Vehicle Pin-in send the Closest. Jaws Unit. a Brief Duty Chief of Special Clrumstencesineents. Brush Patrol dispatched within zone of station influence. Notify Duty Chief if IA response will be substantially committed. Fire alarm to schools, rest homes, and facilities with significant population, Instant Aid engine is in addition to standard structure response. Tone out Battalion Chiefs, advisement only (their discretion to respond), advise Unit Chief of major vehicle accident. Additional Alarms on structure fires will be 3, not 4 engines. Ifthreat to the wildland (next to vegetation) dispatch full wildland response. Advise UC of Division Chiefs assigned out of county (not all personnel).  Refer to thoroughfare card. 2-engine response.    Exhibit C- Final City of Fowler  FY21/22 Cost Estimate for July 1, 2021 through) June 30, 2022 Firel Protection Services Dispatch Services Only CLASSIFICATION  NUMBER SALARY MONTHS SUB-TOTAL BENEFITS  TOTAL COST 9,176.84  Salaries Communications Operator  50.91% $3,095.84  $6,081.00 1.00  $6,081.00  Extended Duty Week Compensation  0.00%  Not Applicable  Overtime Overtime Uniforms Uniforms (Perm) Sub-Total Personnel Services  1.45% $7.25 0.00% $0.00  $500.00 1.00 $104.17 1.00  $500.00 $104.17 12.01%  507.25 104.17 9,788.26 1,175.57 10,963.83  Contract. Administrative Fee CALFIRE Administrative! Rateo of12.01% for Personnel.  TOTALPERSONNELSERVICES  Operating Utilities Fuel Vehicle Maintenance Miscellaneous Operating Expenses TOTALOPERATING: EXPENSES FCFPD Administrativel Fee- 10% for Operating Expenses TOTALPERSONNEL AND OPERATIONS Less: 50% Discount per Property Tax Allocation. Agreement GRAND TOTAL ESTIMATED COST FOR 2021/2022 FISCALYEAR "BasedonF Feb: 2120P Prlinsinary StaffE Benefik Rate Matris FY: 21/12  0.00 0.00 0.00 500.00 500.00 50.00 11,513.83 5,756.91 5,756.91  10.00%    ITEM  5Aii  FOWLER CITY COUNCIL  1908  ITEM NO: 5-Ai  REPORT TO THE CITY COUNCIL  August 3, 2021 FROM: SUBJECT  David Peters, City Engineer  Actions pertaining to housing starts related to Tract 6188 and Tract 6274  1. Consider Letter Amendment to Subdivision Agreement for Marshall Estates (KB Homes) )-7 Tract 2. Consider Letter Amendment to Subdivision Agreement for Woodside Homes - Tract 6274  6188 amending the subdivision agreement allowing for early housing starts. amending the subdivision agreement allowing for early housing starts.  RECOMMENDATION  Staff defers to Council regarding proposed actions.  BACKGROUND  The Fowler City Council previously approved subdivision agreements with KB Homes and Woodside Homes for housing tracts within the City of Fowler. The subdivision agreements set forth the following "Building permits for individual lots of the Subdivision may be issued after primary completion of the infrastructure improvements as approved by the City Engineerf following inspection. Primary completion is defined as completion of all required improvements except paving, sidewalks, landscaping and. street No occupancy permit for any dwelling to be constructed within the Subdivision shall be issued until all required Work and Improvements are substantially complete subject to City Engineer approval. Substantial completion is defined as completion of all required improvements with only minor corrections known as punch list" items remaining. No inspections or approval by the City Engineerwil  requirements for issuance of permits and occupancy related to single family homes.  lighting.  be deemed acceptance by the City Council."    The purpose of these subdivision agreement provisions is to ensure that infrastructure is complete prior to completion of individual homes and that amenities, such as the park, are available to owners Both KB Homes and Woodside Homes have requested the City issue home building permits in a manner deviating from the requirements of the Subdivision Agreement. The deviation mainly relates toi issuance of permits prior to primary completion of infrastructure improvements. A summary of the  upon taking possession of the homes.  incomplete infrastructure items for each tract is presented in Table 1.  Table 1-1 Incomplete Tract Infrastructure  Developer KB Homes  Tract No. 6188  Incomplete infrastructure items: Exterior (Armstrong Avenue) Overhead Utility Undergrounding Park Improvements Landscaping Street Lighting Sidewalks Exterior  street  improvements  Woodside Homes  6274  street  improvements  (Sunnyside & Sumner Avenues) Overhead Utility Undergrounding Park Improvements Storm Drainage Improvements Landscaping Street Lighting Sidewalks  Note: Improvements in bold are required to be completed prior to issuance of building permits. All improvements are The developers are offering to provide additional amenities such as larger floor plans, monumentation signage at the entrances to the subdivisions, and façade enhancements on currently offered models. Inr response to the developer's request, the City has prepared a letter amendments which, if approved by Council and executed by the City Manager, would modify the terms of the subdivision agreements such that home building permits could be issued prior to primary completion" of the improvements. The agreements would allow for the completion and use of the model homes and issuance of to of the tract building permits prior to primary completion" of the improvements. The agreements maintains the requirement for "substantial completion" of all improvements prior to allowing  required to be completed prior to occupancy of homes.  20%  up  occupancy of the homes.    FISCAL IMPACT  The proposed modifications would have no fiscal impact as costs associated with the housing tracts  are funded by fees paid by the developers.  Attachments:  Letter Amendment for Tract 6188 Letter Amendment for Tract 6274 Letter from KB Homes dated July 8, 2021 KB Homes Exhibits Tract 6188 Subdivision Agreement Letter from Woodside Homes dated July 9, 2021 Woodside Homes Exhibits Tract 6274 Subdivision Agreement    Gipdfofonler  1285.5THSTREET FOWLER,CA93625- VOICE:598343113- FAX/(559)834-0185  1908 Mr. Zach Gomes Vice President South Valley Business Unit KB Home South Bay 744PSt., 3rd Floor, Suite 321 Fresno, CA 93721  August 4, 2021  Subject: LetterAmendment to Subdivision Agreement for Marshall Estates - Tract6 6188 The City of Fowler and KB Homes entered into a Subdivision Agreement for Tract 6188 on or about March 11, 2021, which is attached hereto and incorporated by reference ("Subdivision Agreement"). This Letter Amendment isi intended to amend the Subdivision Agreement for Tract  6188.  The executed Subdivision Agreement for the subject tract states the following:  Building permits for individual lots of the Subdivision may be issued after primary completion of the infrastructure. improvements as approved by the City Engineerfollowing. inspection. Primary completion is defined as completion of all required improvements except paving, sidewalks, No occupancy permit for any dwelling to be constructed within the Subdivision shall be issued until all required Work and improvements are substantially complete subject to City Engineer approval. Substontialcompletion is defined as completion of all required improvements with only minor corrections known as "punch list"i items remaining. No inspections or approval by the City Your letter dated. July 8, 2021 outlines several infrastructure items that have yet tol be completed and requests the City to issue home building permits in a manner deviating from the Inr response to this request the City Council at its regular meeting on August 3, 2021 agreed to  landscaping and: street lighting.  Engineer will be deemed acceptance by the City Council.  requirements of the Subdivision Agreement. amend the Subdivision Agreement as follows:  1.  The two model homes may continue to completion. Once a model home is deemed complete by the Building Department, a temporary occupancy permit may be issued allowing use of the model homes for KB Homes staff and the public if the following  conditions are met:    a. The Fowler Fire Chief determines that the buildings are safeto occupy, ther models b. Disabled parking is provided, and a path of travel is provided from the parking stalls to the models separating visitors from adjacent or nearby construction Up to 20 percent of the production home permits may be issued prior tot the "primary completion" oft the infrastructure as defined by the Subdivision Agreement. Diligent prosecution of the incomplete infrastructure items must continue throughout the KB Homes will incorporate additional features into the project as follows: a. Column monumentation at the Adams Avenue and Armstrong Avenue entrances. b. An additional larger home model (Model 2628) will be offered in the tract. The proposed plan will require review by the Design Review Committee. C.A Additional enhanced façade treatments will be offered as options to buyers. No building permits, beyond the 20 percent in Item 2, will be issued until the infrastructure improvements reach "primary completion" as defined by the  are accessible for fire access, and fire hydrants are accessible.  activity.  2.  building process of these homes.  3.  4.  subdivision agreement.  All other terms, conditions, and obligations of the Subdivision Agreement not amended herein remain unchanged and ini fulli force and effect, including all provisions for completion, inspection, approval, acceptance, security, insurance, and indemnification. Nothing in this amendment changes conditions related to issuance of occupancy for production homes as outlined in the Subdivision Agreement. All infrastructure improvements must be "substantially complete" as defined by the Subdivision Agreement, including, but not limited to, interior and exterior roads, park improvements, landscaping and undergrounding of utilities prior to issuance of Certificates Ify you agree to these amended terms, please sign below and provide a copy of the signed letter  of Occupancy.  to the City for our records. Respectfully,  Agreed to by:  Wilma Quan City Manager Attachments:  Zach Gomes, VP KB Homes  KB Homes letter dated 7/8/21 Executed Subdivision Agreement KB Homes Home Exhibits    Gipdfofonler  1285.5THSTREET FOWLER,C CA93625 VOICE: (559)834-3113 FAX-/559,834-0185  1908 Mr. Matt Smith Director of Land Development Woodside Homes 91 River Park Place East, Suite 430 Fresno, CA93720  August4,2021  Subject: Letter Amendment to Subdivision Agreement for Tract 6274  The City of Fowler and' Woodside Homes entered into a Subdivision Agreement for Tract 6274 on or about February 17, 2021, which is attached hereto and incorporated by reference ("Subdivision Agreement"). This Letter Amendment is intended to amend the Subdivision  Agreement for Tract 6274.  The executed Subdivision Agreement for the subject tract states the following:  Building permits for individual lots of the Subdivision may be issued after primary completion of the infrastructure improvements as approved by the City Engineerfollowing inspection. Primary completion is defined as completion of all required improvements except paving, sidewalks, No occupancy permit for any dwelling to be constructed within the Subdivision shall be issued until all required Work and Improvements are substantially complete subject to City Engineer approval. Substantialc completion is defined as completion of allrequired improvements with only minor corrections known as "punch list" items remaining. No inspections or approval by the City Your letter dated. July 9, 2021 outlines several infrastructure items that have yet tol be completed and requests the City to issue home building permits in a manner deviating from the Inr response to this request the City Council at its regular meeting on August 3, 2021 agreed to  landscaping and street lighting.  Engineer will be deemed acceptance by the City Council.  requirements of the Subdivision Agreement. amend the Subdivision Agreement as follows:  1.  The model homes currently under construction may continue to completion. Oncea model home is deemed complete by the Building Department, a temporary occupancy permit may be issued allowing use of the model homes for Woodside  Homes staff and the public if the following conditions are met:    a. The Fowler Fire Chief determines that the buildings are: safeto occupy, the models b. Disabled parking is provided, and a path of travel is provided from the parking stalls to the models separating visitors from adjacent or nearby construction Upi to 20 percent of the production home permits may bei issued prior tot the "primary completion" of the infrastructure as defined byt the Subdivision Agreement. Diligent prosecution of the incomplete infrastructure items must continue throughout the Woodside Homes will incorporate additional features into the project as follows: a. Monumentation signage at the Sunnyside Avenue and Sumner Avenue entrances. b. Additional features will be incorporated into homes such as landscaping up- lighting, enhanced entry doors and upgraded garage door hardware. No building permits, beyond the 20 percent in Item 2, will be issued until the infrastructure improvements reach "primary completion" as defined by the  are accessible fori fire access, and fire hydrants are accessible.  activity.  2.  building process of these homes.  3.  4.  subdivision agreement.  All other terms, conditions, and obligations of the Subdivision Agreement not amended herein remain unchanged and ini full force and effect, including all provisions for completion, inspection, approval, acceptance, security, insurance, and indemnification. Nothing in this amendment changes conditions related to issuance of occupancy for production homes as outlined in the Subdivision Agreement. All infrastructure improvements must be "substantially complete" as defined by the Subdivision Agreement, including, but not limited to, interior and exterior roads, park improvements, landscaping and undergrounding of utilities prior to issuance of Certificates Ify you agree to these amended terms, please sign below and provide a copy of the signed letter  of Occupancy.  tot the City for our records. Respectfully,  Agreed tol by:  Wilma Quan City Manager Attachments:  Matt Smith, Director of Land Development  Woodside Homes  Woodside Homes letter dated 7/9/21 Executed Subdivision Agreement Woodside Homes Exhibits    kb HOME  July 8, 2021 Dave Peters, PE, TE, PTOE Principle Engineer Engineering Department City ofFowler 128S.5thSt. Fowler, CA 93625  SUBJECT: Marshall Estates Tract 6188 - Production Building Permits and Model  Occupancies  Dear Mr. Peters,  KB Home is formally requesting to be able to move forward on our production homes with under slab plumbing inspections and foundation inspections as soon as possible (tomorrow preferably) (courtesy or at-risk inspections). We will hold lumber drops until after the City Council meeting on July 20th. KB is also requesting to get temporary occupancies for our two model homes which are lots 73 and 74. We would like to get temporary occupancy final tomorrow Friday 7/9. Our In talking with Wilma today, it was discussed that ifKB has to wait until 7/21 to start inspections on the 12 production homes. KB Home will not make its commitment to our homeowners and our shareholders. We have committed to have homes complete in November 2021. KB Home understand that no permanent occupancies will be granted without the improvements being KB Home is requesting that after the July 20th City Council meeting that the City allow for issuance of production building permits and be able to drop lumber immediately. KB Home's cycle time on our production homes is 90 days. This is from slab start to final occupancy  sales office will be in the garage oflot' 74.  complete.  inspection. Our first finals would be on November 12, 2021. Here is where we are at with onsite and offsite improvement:  We are complete with all: sewer, water, and storm drain infrastructure both onsite and  offsite.  All paving is complete onsite.  Sidewalks are installed around the model homes for ADA access.  All in-tract and offsite dry utilities are complete and waiting on energization date from Streetscape work has started on Adams Ave and will be complete by 8/6/21.  PG&E.    Here is the estimated schedule for completion: PG&E poles removed by 8/20. Streetlight will bei installed by 7/16. complete by 9/22/21.  All Armstrong Ave improvements to commence on 8/24 (after poles are removed) and be Park is sitting graded at this point, KB home plans on starting the park in October with a Sidewalk along Adams is complete. Sidewalk along Armstrong will be complete by 9/1. KB Home appreciates your consideration and thought to our request. We hope to hear back soon.  Landscaping along Armstrong will be complete by 9/30/21. completion date in early spring. All in-tract sidewalk will be complete by 8/24.  Sincerely, Zach Gomes Vice President KB Home South Valley 744 PSt., Suite 321 Fresno, CA 93721  CC: Wilma Quan, City Manager  Thomas Gaffery, Community Development Director    DR @ O Ha D  9 B    B 3 @ D @H a @  D    a    46p  D @    3m:  @  s 6   ok 10 .    D OQ a a  G  @  B  Hp  IO OoD 1  B (! o"    a@p  a  @  6 B &  IH Gt 1  4  D    O@p GD  B a  E GE 1Q  (? LOr *  e C    @e  Dr  t e @ @ @   D  tbg e  bhp    @@  1g  ODG @ @  DODID  a  6  tbo e    @@   D  mg  GD @ a le  D 63  6  4 s! S IBE sD Bg    B F 00 @ a @  D   7 dey  0ig  D  1  a  IE B    -a  e O A e  0-  g G  1B @@r  DDEDH  1brora t    F  a M- dE OG a @D  R   D B  og  @@d  DH  6  E 3  hogD d6        B 6    3    kb HOME  COMMUNITY PEPPERTREE AT HIDDENHILLS PLAN RESIDENCE 2628  ARSTRLOOR PAGE02/04  GREAT ROOM  MASTER. BEDROOM  DX dw KITCHEN &a 09  STORAGE  MA TER BATH linen shalt DRY  FLEX  tankless wat  BEDROOM 2  ENTRY  GARAGE  PERE ELEVATION  BEDROOM 3  BEDROOM 4  62019 KBH Home, thef floorp plandiagams. renderings, or photographs depictingfrishes, designs. materials. plans, specificetions, electrical implied. Dimensions ands squaref footage are approximate: andn may varyd dependingonhowr measureda andb based upona actuai construction.  brochurea proposed only, andk KBH Home) reservest therightt to modify, revise, ory withdrawa anyor allthes same inits soled discretiona and without locations, priorr ors selected options containedi inthis closets, plumbinghtues, and structural anda architectuald designelemenks mayv varyf fromd diagramtoa actual construction Alid depictions of Also, locationaa layoutsofy windows, doors, home ands suchdrawings, tmages, and depictions showns shouidber soffits, relied floor upononly: coverings asr repesentations, ando other matterso ofd designd ori ares oft conoeptual and arenotr necessarilyi included as displayed ineach predetermined: stagesofe constructions ares subjectt to chengeldiscontinationa anytime! by KBH Home. Sees salesrepresentativer for detalls. Equall Housingopportusty. charges, may require orderingat  notice. and! Noe exact representationis appliances, plumbingfixtues, counrters, countertop  edges and/orr materiais, cabinets. rallings, windowt treatments,  kb  HOME luidimgcomporetsmiys dictateu unavoldable: adjustments or changest to1 the placement ofi individual elements. express All implied, OPliomanayadearequte: thef fnal detallo oft additionald thehomes ast framingmembers ando other    9    Recording Requested by: City of Fowler and When Recorded, Mail to: City ofFowler 128 South Fifth Street Fowler, CA 93625  )  (Exempt from Recording Fees - Govt Cod Sec. 27383)  SUBDIVISION AGREEMENT FOR TRACT 6188  This page added to provide adequate space for the above information only.  (Govemment Code 27361.6)    CITY OF FOWLER SUBDIVISION. AGREEMENT TRACT NO. 6188  THIS SUBDIVISION AGREEMENT ("AGREEMENT") is made and entered into this uth day of Munua. 2021, by and between KB Home South Bay Inc.. a California Corporation SUBDIVDER"). and the CITY OF FOWLER, a Municipal Corporation ("CITY").  RECITALS  A. Tentative Map No. 6188 (attached hereto as Exhibit "A") has been filed with City for a proposed division of land adjacent to the intersection of Sunnyside Avenue and Sumner Avenue which is located within the corporate limits of the City. This tentative map has been approved and is being developed in a single phase. SUBDIVIDER has requested that the CITY accept and approve the Final Map and the dedications delineated and shown on the Final Map fort the use and purposes specified thereon and to otherwise approve the Final Map in order that B. The CITY requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of the streets and public improvements and easements as delineated and shown on the Final Map, and deems the same as necessary for the public use, and requires and deems as necessary for the public use that any and all streets, public improvements and easements delineated and shown on the Final Map shall be improved by the construction thereof and the installation oft thei improvements specified in this Agreement. C. Certain public improvements are required to be made by SUBDIMDER in accordance with the approved tentative map of the Subdivision and have not yet been completed Section 66462 of the California Government Code provides, as a condition precedent tot the approval of the Final Map, that the City shall require the SUBDIMDER to enter into an D. The SUBDIVIDER and CITY enter into this agreement to perform and complete the work and matters as hereinafter described in this Agreement, in conformance with the City of Fowler Municipal Code, which Sections by this reference are incorporated into this Agreement  the same may be recorded as required by law.  agreement to complete said public improvements.  made a part hereof.  NOW THEREFORE, iti is hereby agreed as follows:  1.1 Improvements. SUBDIVIDER shall construct and install all public improvements in the Subdivision as identified on the Final Map and Improvement plans in accordance with all of the requirements and standards as set forth in the approval or conditional approval of the tentative map of the Subdivision, the Fowler Municipal Code, all applicable laws, codes and regulations as determined by the City Engineer and the terms and conditions of this Agreement (collectively Work"). In accordance with the Fowler Municipal Code, all of the Improvements shall be completed no later than twelve (12) months after the recording of the Final Map and commencement of construction. The SUBDIVIDER shall notify the City Engineer in writing two weeks (14 calendar days) prior to the commencement of construction activities. The City Engineer will then document in writing the beginning of the construction period. Construction shall commence not later than 12 months after recordation of the Final Map. Request to extend  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage I    the time for completion of the Improvements must be in written form and received by the CITY not less than thirty (30) days prior to expiration of said twelve (12) month period and shall include facts to support the extension of time for completion as required by the City Engineer. Only the City Council shall have the authority to extend such time period. The extension period Within thirty (30) days after the SUBDIVIDER notifies the City Engineer that the required Work has been completed, the City Engineer shall inspect such' Work and, if the Work has been performed in the required manner and in accordance with this Agreement, the Final Map, the Fowler Municipal Code and all other applicable laws, codes and regulations, the City Engineer shall advise the City Council that the public improvements are ready for acceptance by the 2. Inspection. The CITY shall inspect all work in accordance with Section 16 of the Fowler Municipal Code, including the SUBDIMDER'S conformance with the CITY's standard specifications and any and all applicable conditions, standards or requirements, including, without limitation, all conditions, standards or requirements identified at the preconstruction As part of the inspection process, SUBDIMIDER shall retain, at its sole cost and expense, a materials testing company to perform any testing or retesting of the Work as required by the City's Department of Public Works and/or Building Official. The materials testing firm must be approved by the CITY before any testing or retesting begins. The City's Inspector shall designate the locations for compaction tests, and shall observe all testing procedures. In addition The SUBDIDER'S Engineer shall check the grade of all streets prior to surfacing and shall, prior to surfacing, provide written confirmation to the City's Department of Public Works that the street grades conform to the approved grades. In the case of asphalt concrete surfacing, the SUBDIMDER'S Engineer shall, prior to surfacing, set grade stakes and shall be in attendance at SUBDIVIDER shall construct all required improvements in accordance with the applicable improvement plans and specifications. Where concrete curbs and gutters are required and where driveway approaches are not constructed at the time curbs and gutters are constructed, the curb CITY shall schedule a preliminary final inspection and a deficiency list shall be compiled and submitted to the SUBDIMIDER for correction. Upon completion of all corrections or additional work as outlined by the deficiency list, the SUBDIVIDER shall certify, in writing, that all corrections have been completed and request a final inspection. Upon finding that all items have been corrected and receipt of as-built improvement plans, the Subdivision shall be placed The completion of corrections indicated by the deficiency list shall not relieve the SUBDIVIDER from the responsibility of correcting any deficiency not shown on the deficiency list that may be subsequently discovered. Should the CITY require payment of additional engineering and inspection fees and costs for improvements constructed after the stated date of completion, the SUBDIVIDER must pay said additional fees and costs prior to acceptance by  shall not exceed three (3) months.  CITY.  conference held prior to commencing the Work.  to street areas, compaction testing shall be performed in building pad areas.  thet time all surfacing is performed.  and gutter shall be continuous.  ont the City Council agenda for acceptance.  the City Council oft the improvements.  Subdivision Agreement for Tract No. 61881 rev KBI HomesPage 2    3. Costs and Fees. The SUBDIMIDER shall be responsible for all costs and expenses associated with the Work, including, without limitation, the costs identified in the Improvement Cost Estimate attached hereto and made a part hereof and identified as Exhibit "C" to this Agreement. SUBDIVIDER agrees to all amounts identified on Exhibit "C" and agrees top pay when due, all amounts identified on Exhibit "C", including, without limitation, all CITY 66499 et. seq. of the California Government Code, and in such amounts as are required by the CITY, to guarantee the faithful performance of this Agreement including, without limitation, the construction of the Improvements and completion of the Work, and to guarantee payment to contractors, subcontractors, laborers, material men and other persons involved in the performance of the Work. In the sole discretion of the CITY and with the written authorization of the CITY, the sureties provided by the SUBDIVIDER may be released in whole or in part in the  engineering and inspection fees.  4.  Security. SUBDIVIDER agrees to furnish security, which complies with Section  following manner:  (a) Faithful performance sureties, not in excess of ninety percent (90%) of the estimated costs of the individual items of the Improvements and Work, may be released, or the required surety amounts may be reduced, as work is (b) Forty-five (45) days after recordation of the Notice of Completion for the Subdivision, the sureties securing the payment to contractors and subcontractors, and to persons furnishing labor, materials, or equipment, may be released if claims including, without limitation, stop notices, have not been (c) Twenty-Five percent (25%) of the total faithful performance surety, retained as the public improvement warranty, may be released one year after the Notice of Completion for the SUBDIMISION has been recorded. In the alternative, SUBDIVIDER shall provide CITY with new warranty security of not less than twenty-five percent (25%) of the Improvement Cost Estimate identified in Exhibit "C" hereto, which security shall have a term of one (1) year from the date of recordation of the Notice of Completion for the  satisfactorily completed and accepted by the CITY.  filed.  Subdivision.  The SUBDIMIDER shall furnish, in writing, proof of adequate security deposit to all utility companies for the installation of electricity, gas, telephone, cable television and any other utility which charges are not part of the Improvement Cost Estimate set forth in Exhibit "C". No final map shall be signed by the City Engineer or recorded until all improvement securities required by the Fowler Municipal Code and this Agreement have been received and approved by the CITY. The form of securities shall be one or the combination of forms as be performed pursuant to this Agreement, SUBDIMIDER shall furnish the CITY with a certificate ofi insurance with a separate endorsement evidencing the following insurance coverages: Commercial and general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. Such insurance shall include  approved by the CITY. 5.  Liability. As a condition precedent, and prior to commencement of the Work to  Subdivision. Agreement for Tract No. 6188 rev KBI HomesPage 3    products/completed operations liability, owners and contractors protective blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. The insurance shall name the CITY, its appointed and elected officials, officers, employees and agents and Peters Engineering Group as additional insureds; and be primary with respect to any insurance or self-insurance programs maintained by the CITY, and shall protect them from claims for personai injury, death or property damage suffered by third persons or by officers, employees, agents or independent contractors of the SUBDIMDER, and arising out of or in any way connected with the Work which is the subject of this Agreement. Such policy or policies ofi insurance shall specifically provide that the CITY shall receive at least thirty (30) days prior to written notice of any cancellation of such policy or policies. Any such notice shall be sent to the attention of the City Engineer. Notwithstanding an inconsistent statement in the insurance policy or certificate or subsequent endorsement attached thereto, the CITY shall be insured or named as an additional insured covering the Work which is the subject of this Agreement, whether liability is attributable to the SUBDIVIDER or to the passive or active negligence of the CITY. The insurance shall be in effect on the date of this Agreement and shall expire no sooner than one year after the date of recordation of the Notice of Completion for the Subdivision. The cost of providing all required insurance shall be All such insurance shall provide coverage for SUBDIVIDER's obligations of indemnification as  borne solely by the SUBDIMIDER. sett forth in paragraph 6 of this Agreement.  The expiration or proposed cancellation of any such insurance policy or policies, for any 6. Indemnification. SUBDIVIDER hereby agrees to and shall protect, indemnify, defend and hold harmless the CITY and all officials, offiçers, agent, representatives and employees and Peters Engineering Group from and against any and all liability, loss, claims, expenses, or damages of whatsoever kind or character, including attorney's fees and costs of all types, in any way arising out of, or in any way related, directly or indirectly to the Work to be performed pursuant to this Agreement or the acts or omissions of the SUBDIMDER, SUBDIVIDER'S independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions oft the CITY or its officials, officers, employees, contractors, representatives, and agents while acting within the scope of their duties and regarding, in any way, the Work to be performed pursuant to this Agreement. These indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there is insurance policies covering the applicable damages, claims, or liability. This indemnification shall be binding upon the SUBDIVIDER whether or not there are any allegations of fault, negligence or liability of the parties indemnified hereunder and shall survive the completion of construction of the Improvements and completion of the Work. SUBDIVIDER agrees that the use of any and all public streets andi improvements, which are part of the Subdivision, shall be, at all times prior to the final acceptance by the CITY, the 7. Permits and Compliance. Should SUBDIVIDER be required to perform any Work within any public rights-of-way or easements, which are located beyond the Subdivision limits, SUBDIMIDER shall satisfy any and all requirements necessary to obtain an encroachment  reason whatsoever, shall constitute a material breach of this Agreement.  sole and exclusive risk oft the SUBDIVIDER.  permit from the CITY or any other agency.  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage 4    The SUBDMDER shall install underground, all gas main services, telephone, cable television, and electrical lines, and all electrical transformers, splice boxes, pull boxes, and other SUBDIMIDER agrees to make all financial arrangements with Pacific Gas and Electric, Southern California Gas, Comcast Cable, ATT, and any other applicable utility company, to guarantee the installation of all utilities and services to the Subdivision. Copies of all agreements and written evidence of these financial arrangements shall be furnished to the CITY along with a composite underground utility plan prior to beginning construction of the Improvements within the SUBDIVIDER shall make arrangements for the relocation of all overhead and underground public utility facilities along the frontages or that interfere with the construction of the Improvements. The SUBDIMIDER shall be responsible for the full cost of relocating such The SUBDIVIDER shall repair any damage to public streets or other public property or improvements, which results from, or is incidental to, the construction of the Improvements, ori in lieu of making such repairs, the SUBDIVIDER shall pay tot the CITY the full cost of such repairs. Building permits for individual lots of the Subdivision may be issued after primary completion of the infrastructure improvements as approved by the City Engineer following inspection. Primary completion is defined as completion of all required improvements except No occupancy permit for any dwelling to be constructed within the Subdivision shall be issued until all required Work and Improvements are substantially complete subject to City Engineer approval. Substantial completion is defined as completion of all required improvements with only minor corrections known as "punch list" items remaining. No inspections or approval by the City Engineer will be deemed acceptance by the City Council. Ina accordance with the Fowler Municipal Code, construction methods and materials for all improvements shall conform to the standard plans and specifications of the CITY. Construction shall not commence until required improvements plans have been approved by the The Improvements shall be constructed in accordance with all applicable street, plumbing, building, electrical and zoning codes and any other applicable codes, rules or The SUBDIVIDER shall require contractors and subcontractors to provide and maintain barricades and warning signs to protect and warn the public of construction hazards. Traffic control shall conform to a traffic control plan approved by the City Engineer. Ifi in the opinion of the City Engineer, proper barricades and warning signs are not being provided, the Contractor will be required to immediately stop work until proper traffic control is provided and approved by The SUBDIVIDER shall require all contractors and subcontractors to conform to the applicable provisions of the California Occupational Safety and Health Act ("OSHA"). On site inspection of the work will be requested of OSHA officials and all work subject to this Agreement  existing facilities providing service to within the limits oft this Subdivision.  limits of the subdivision.  utilities and facilities.  paving, sidewalks, landscaping and street lighting.  City Engineer and payment of allf fees have been received by the CITY.  regulations oft the CITY and the State of California.  the City Engineer.  Subdivision. Agreement for1 Tract No. 6188r rev KB HomesPage 5    shall immediately stop if, in the opinion of the City Engineer, any such work is being performed in violation of OSHA, or when appropriate safety measures are not being utilized for the Work. SUBDIMDER shall be responsible for obtaining an NPDES permit for construction sites in excess of one acre, and shall develop a dust control plan and erosion control plan to mitigate soil migration from the Subdivision. SUBDIMIDER shall be responsible for soil and erosion control throughout the one-year warranty period called for in this Agreement. The SUBDIVIDER shall sweep the streets and alleys periodically throughout the one-year warranty period, at a minimum The SUBDIVIDER and its contractors and subcontractors shall pay for any materials, provisions and other supplies used in, upon, for, or about the performance of the Work, and for any and all work or labor associated therewith and for all amounts due under the worker's compensation and the unemployment insurance acts and all other applicable laws or regulations of the State of California or the United States with respect to such work or labor, including, without limitation, as required by Section 3200 of the California Labor Code and The SUBDIMDER shall provide and plant one street tree per lot at a location approved by the City's Building Official. The trees shall be planted at the time the dwelling unit on the lot is occupied and shall be selected from a street tree list provided by the CITY. Trees shall be furnished with root barriers and watered via a City approved irrigation system fore each lot. The SUBDIVIDER shall install streetlights in the Subdivision. A streetlight plan shall be submittedi to the City Engineer for review and approval. Streetlights shall be LED: and be furnished and installed in accordance with CITY, PG&E and Caltrans' standards. The street lighting system shall become the property oft the CITY upon completion and acceptance oft the work, without further consideration to SUBDIMDER. SUBDIVIDER'S contract with PG&E ("PG&E" Contract") for the furnishing of electrical power to the Subdivision shall specifically state that all streetlights shall become the property oft the City. Each street light shall bet furnished with an electrical pull box and grounding rod. The SUBDIVIDER shall number the street light poles in accordance with PG&E requirements. The PG&E Contract shall identify a maintenance rate schedule fort the streetlights of Fencing improvements shall be constructed in accordance with City Standards, with appropriate fencing offsets to be provided for sanitation and garbage collection service to each lot, including allowance for approved number and/or style of garbage cans, green waste, and recycling containers. Fencing improvements shall be constructed in such a manner as to eliminate any dirt strip between the fence and the adjacent alley. Where framing improvements face the alley, the SUBDIMIDER shall construct a concrete mow stripi in accordance with City standards between the fence and the alley paving. When new homes abut existing homes, developer shall coordinate with the existing homeowners and make arranges for improvements to or replacement of fence The SUBDIMDER shall furnish to the CITY a set of reproducible as-built plans for all street improvements ("Street Plans"). The Street Plans shall be original ink on vellum or mylar copies. The Street Plans shall include the location of all underground utilities, finished grades for all curb returns and building pads. The SUBDIVIDER'S engineer shall provide a copy of the tract, in digitized format (AutoCAD 2020 or equivalent format as approved by the City Engineer) to the  frequency ofonce per month.  Section 4200 oft the California Government Code.  LS2C.  between the homes.  City prior to final acceptance of the Improvements and' Work byt the City.  Subdivision Agreement for Tract No. 6188 rev KB HomesPage 6    SUBDIVIDER agrees to install security devices, acceptable to the City of Fowler Public Works Department in order to protect streetlight and water meter facilities from vandalism. Prior to the acceptance of the Work and release of the security, the SUBDIMDER shall provide to the CITY a certification from its engineer that all work and the construction and installation of all Improvements conform with the approved plans for the Subdivision and the recommendations contained int the Preliminary Soils Reports. A certification shall also be furnished by the SUBDMDER'S engineer that all utility trenches have been uniformly compacted to the SUBDIVIDER agrees that the City shall inspect all Work and Improvements. All of said Work and Improvements and materials shall be completed, performed and installed under the inspection of and to the satisfaction of the City Engineer. It shall further be the responsibility of SUBDIVIDER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which Work is to be started to allow for arrangements for appropriate and adequate inspection services. SUBDIVIDER'S failure to notify the City Engineer may cause inspection delays for which SUBDIVIDER will be solely responsible. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked or approved by the City Engineer or inspector. Any damage to the sewer system, water system, storm drainage facilities, concrete work, street paving, or any other improvements that occurs after installation shall be made good to the satisfaction of the City Engineer by SUBDIVIDER before final acceptance of completed work by the City Council. Defective work appearing after final acceptance shall be repaired/replaced under the warranty provisions herein. Upon final acceptance by the City Council of all Work and Improvements as provided herein, SUBDIVIDER shall warrant said Work and Improvements from any defects in materials or workmanship for a period of one (1) year following said acceptance, and a one-year warranty bond shall be furnished by SUBDIVIDER to the City as herein provided herein. 8. Other Conditions. The SUBDIVDER shall annex the Subdivision to the City's Landscape and Storm Drainage Maintenance District for the provision of maintenance of the landscape areas. The SUBDIMIDER shall provide a signed and notarized covenant and consent for annexation of the Subdivision to the Landscape Maintenance District. The SUBDIVIDER shall notify every potential buyer of lots within the Subdivision that the Subdivision is part of a Landscape Maintenance District. The SUBDIVIDER shall provide the City with a signed copy of SUBDIMDER shall ensure that all solid waste is collected and disposed of by the City's contract agent, Waste Management, as required by Section 6-2.307 of the Fowler Municipal Code. If SUBDIMIDER uses persons or companies other than Waste Management for general clean up, SUBDIVIDER shall ensure that all solid waste is collected and disposed of by Waste The City Engineer is assumed to be a just arbitrator between CITY, SUBDIMIDER and SUBDIVIDERS Contractor (herein "Contractor") and the entire work is under his jurisdiction to such end. It is his function to interpret the drawings and specifications; pass upon merits of Itis agreed that all conditions of approval of the Tentative Map and any Site Plan Review  percentages specified in the City Standards.  such notice indicating acceptance of the notice by the buyer.  Management.  materials and workmanship.  shall apply to and be included in the Agreement. Subdivision Agreement for Tract No. 6188 rev KB HomesPage 7    9. Scheduling. It shall be the responsibility of the SUBDIVIDER to coordinate all Work performed by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability of one contractor or subcontractor operation delays another. In no case shall representatives of the CITY be plaçed in the position of making decisions that are the responsibility of the SUBDIMIDER. It shall further be the responsibility of the SUBDIMIDER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the SUBDIVIDER to notify the City Engineer may cause delay for which the SUBDIVDER shall be 10. Soil and Dust Control Provisions. The SUBDIMIDER is responsible for arrangement for and payment of all CITY required soil tests at locations as determined by the City Engineer. Payment for said tests shall be made directly by the SUBDMIDER to the certified Adequate dust control shall be maintained by the SUBDIMIDER on all streets and areas, including, without limitation, undeveloped lots within the Subdivision and all streets outside of the Subdivision, from the time Work is first commenced until all work is completed. "Adequate dust control" as used herein shall mean the sprinkling oft the streets with water or approved dust palliative with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the Subdivision. Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets, or other areas oft the Subdivision, the City Engineer shall give notice to the SUBDIVDER to comply with these provisions, or, at the election of the City Engineer, notice may be mailed to the SUBDIVIDER at his address on file with the City Engineer. If, within twenty-four (24) hours after personal service or within forty-eight (48) hours after mailing of notice, the SUBDIMIDER has not commenced to maintain adequate dust control or at any time thereafter fails to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any street or streets to be sprinkled with water or an approved dust palliative as may be deemed necessary by the City Engineer to eliminate the scattering of dust. Such dust control shall be performed by equipment and personal of the CITY or by contract as the City Engineer shall determine, and the SUBDIVIDER agrees top pay to CITY, upon receipt of the When the surfacing on any existing street is disturbed, SUBDIMIDER shall immediately replace the surfacing with temporary surfacing and permanently pave the existing street within fourteen (14) calendar days thereafter. All streets shall be maintained in a safe and passable condition at all times between the commencement of construction of Improvements and final 11. Reimbursement If the City Municipal Code provides SUBDIVIDER with the right to receive cash reimbursement or Development Impact Fee credit because of the construction of certain Improvements or the oversizing thereof, SUBDIVIDER must request payment of the cash reimbursement or preparation of a reimbursement agreement, whichever is applicable, or the Development Impact Fee credit. Such request must be made in writing and received by the City Engineer prior to the date of final acceptance of all Improvements by FOWLER City Council. SUBDIVIDER agrees that should it fail to make such written request by the date identified herein, SUBDIVIDER forever waives it's right to request and receive any reimbursement, reimbursement agreement or Development Impact Fee credit.  solely responsible.  testing firm oft the SUBDIVIDER'S choice.  billing therefore, the entire cost tot the CITY ofs such dust control.  completion thereof.  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage 8    The following items are eligible for reimbursement related to this Subdivision:  a. 50% of eligible park improvement costs (estimated to be $203,497) to be credited 12. Prevailing Wage Laws. Rules and Regulations. SUBDIVIDER shall comply with and shall require all contractors to comply with all prevailing wage laws, rules and regulations applicable to the Subdivision, the Work and the Improvements. Unless otherwise advised in writing by the CITY, SUBDIVIDER shall be solely responsible for making any and all decisions regarding the payment of prevailing wages for any portion or aspect of the Subdivision, Work or Improvements, including, without limitation, any form of reimbursement by the CITY to the SUBDIVIDER or any contractor. Further, SUBDIVIDER will be solely responsible for the payment of any claims, fines, penalties, reimbursements, payments or any other actions that may be initiated against SUBDIVIDER, any contractor, or the CITY as a result of failure to pay SUBDIVIDER shall defend, indemnify and hold harmless the CITY, Peters Engineering Group, its officials, officers, employees, representatives, agents and attorneys from and against any and all claims, damages, losses, judgments, liabilities, expenses and other costs, including, without limitation, litigation costs and attorney's fees arising out of, resulting from or in any way in connection with any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, the Work or the Improvements. SUBDIMIDER's obligation to defend, indemnify and hold the CITY harmless specifically includes, but is not limited to, any suit or administrative action against the CITY which claims a violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the SUBDIVIDER's obligations to defend, indemnify and hold the CITY, Peters Engineering Group, its officials, officers, employees, representatives, agents and attorneys harmless as set forth herein, shall include, but shall not be limited to, staff time, copying costs, court costs, the costs of any judgments or awards against the CITY for damages, losses, litigation costs or attorney fees arising out of any violation or claim of violation ofa any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, Work or Improvements and costs of any settlement representing damages, litigation costs and attorney's fees to be paid to The CITY may, at any time, require the SUBDIVIDER to reimburse the CITY for costs that have been, or which the CITY reasonably anticipates will be, incurred by the CITY during the course of any action. SUBDIVIDER shall reimburse the CITY within thirty (30) days of receipt of an itemized written invoice from the CITY. Failure of the SUBDIMIDER to timely reimburse the CITY shall be considered a material breach of this Agreement. All of the provisions of this paragraph 12 shall survive the completion of construction of the Improvements 13. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding such matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or  towards park impact fees.  prevailing wages.  Subdivision, Work or Improvements.  other parties arising out of any such proceeding or suit.  and completion oft the Work.  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage 9    anyone acting on behalf of any party which are not embodied in this Agreement and no other 14. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 15. Attorneys' Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California for any 16. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. This Agreement shall not be assigned by SUBDIVIDER without the express prior written consent of CITY, which consent may be withheld in the sole and  agreement, statement or promises shall be valid or binding.  proceeding arising hereunder.  absolute discretion of CITY. the laws of the State of California.  17. Governing Law. This Agreement shall be construed and governed pursuant to  18. Time of the Essence. Time is of the essence oft this Agreement.  IN WITNESS WHEREOF, the parties have executed this Agreement on the 1" day of  March CITY OF FOWLER FOWLER CITY MANAGER  2021.  SUBDIMDER  KB Home South Bay Inc, a California Corporation, it's Vice President 1  Gomes  By:  By: ATTEST:  WiimaQuan  APPROVED ASTO CONTENT:  By:  By:  David Peters, PE City Engineer  Deputy City NNG  Subdivision. Agreement for Tract No. 6188 rev KB llomesPage 10    CIML CODE $1189  CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT  this certificate verifies only tne identity of the individual who signed the  Ar notary public or other officer compieting is attached, andr not the truthfulness, accuracy, or validity of that document.  document tov which this certificate State of California County of O.03/L/2.2L  FasAe Date  )  Bats- Here Insert Name and Title of the Officer Genis  before me, Laba4  Ntrypablc  personally appeared Zachy Ay of Signerls)  basis of satisfactory evidence to be the personlg whose namels_is/gyé and acknowledged to me that he/ghe/tpey executed the same in  who proved to me on the subscribed to the within instrument  oni the instrument the person(s),  his/her/their authorized capacity(jes), and that by! his/pér/tpeir signaturel the instrument. or the entity upon behaif of which the person(s) acted, executed  under the iaws  Icertify under PENALTY OF PERJURY of the State of California that the foreyoing paragraph is true and correct. WITNESS my hand and official seai. Signature.  hl Signature of Notary Public  Place Notary Seal Above fraudulent  compieting this OPTIONAL information can deter aiteration of the ducument or  Though this section is optional, reattachment of this form tc an unintended document.  Description of Attached Document Subdivision Document Date: 03//2-21  Title or Type of Document: Number of Pages: 13 Signerls) Capacity(es) Claimed by Signer(s) Signer's Name: Corporate Officer = Title(s): Partner -  Limited Genera! Cindividual Trustee Other: Signer Is Representing: C2014 National Notary Association  Other"Than Agnmeht Named Above:  Signer's Name: Corporate Officer - Title(s): Partner Limited C General individual Trustee Other: Signer is Representing:   Attorney in Fact - Guardian or Conservator  Attorney in Fact Guardian or Conservator  Nationa tary.org 1-800-US NOTARY/:8086-27 item #5907    CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT  CIVIL CODE $1189 KAAX State of California County of FLGSND On D4/28/2021 personally appeared  before me, WiMA QUAN  ANAclA NASQVEZ Notal Public, Here Insert Name and title of the Officer  Date  Name(s) ef Signerts)  who proved to me on the basis of satisfactory evidence to be the person!s) whose name/s/islare subscribed to they within instrument and acknowledged to me that he/she/they executed the same in hisnep/their authorized capacityfes), and that his/her'their signaturels) on the instrument the personsor the entity upon behalf of which the person(s) acted, executed thei instrument. Icertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: DDs Mayss   ANGELAVASQUEZ Notary Public- Califomia FresnoCounty Commissor:2212301 My Comm. Expiress Sep2 28.2021  by  Place Notary Seal Above  OPTIONAL  Though this section is optional, completing this information can deter alteration of the document or Title or Type of Document: Subdivisioy AgEenext Document Date: 314,2021  fraudulent reattachment of this form to an unintended document.  Description of Attached Document  Number of Pages: 13 Signer(s) Other Than Named Above:  Capacity(ies) Claimed by Signer(s) Signer's Name: DC Corporate Officer - Title(s): DJP Partner - Limited OG General DI Individual 17 Trustee DOther:  Signer's Name: Corporate Officer - Title(s): Partner DL Limited D General Individual Trustee Other: Signer Is Representing:  Attorney in Fact Guardian or Conservator  Attorney in Fact Guardian or Conservator  Signer Is Representing: XXXXXXXXXXXXXXX  020131 National Notary Association e www.MatonalNdtayorg e 1-800-US NOTARY (1-800-876-6827) Item #5907    EXHIBIT 'A' TENTATIVE TRACT MAP  Subdivision Agreement for Tract No. 61881 rev KB HomesPage 11    EXHIBIT "B"  MPROVEMENT COST ESTIMATE  Estimated construction costs used in this Agreement are increased for projected inflation  computed to the estimated mid-point of construction.  ESTIMATED CONSTRUCTIONCOST  Site Preparation  Construction of all rough grading, fencing, and wall improvements as shown on the approved improvement plans and in accordance with  City Standards and Specifications. Sanitary Sewer System and Specifications. Storm Drainage System  366,130.00  Construction of all sanitary sewerage facilities as shown on the approved improvement plans in accordance with City Standards  $  267,008.00  Construction of underground cross drains, storm sewerage conductor, $ 114.430.00  and disposal facilities as shown on the approved improvement plan in accordance with City Standards and Specifications.  Water System  Install all water mains, hydrants, services and appurtenances as shown on the approved Improvement Plans in accordance with City  Standards and Specifications. DryUtilities  $  331,262.00  Install all gas, electric, telephone, cable, street lights, and other dry utilities as shown on the approved Improvement Plans in accordance with City and Utility Standards and Specifications.  494.000.00  Street Construction  Construct Type "B" asphalt concrete surfacing over Class 2 aggregate base, curb and gutter, sidewalk, wheelchair ramps, drive approaches, valley gutters, streetlights and misc. improvements as shown on the approved Improvement Plans in accordance with  City Standards and Specifications. Total Estimate Construction Costs =  $ $  802,404.00 2,375.234.00  Subdivision. Agreement for" Tract No. 6188 rev KBI HomesPage 12    SECURITY REQUIREMENTS  Performance Labor and Material Warranty Monumentation Security  $ $ $  2,375.234.00 1,187,617.00 593,808.50 10,000.00  PLAN CHECK ANDI INSPECTIONFEE  Improvement Plan Check and Inspection Fees (3%)= $71,257.00  Less Previously Paid = $7,000.00  Total Due= $64,257.02  Actual plan check and inspections fees in excess of the total amount provided herein shall be invoiced to the Owner by the City for Payment prior to acceptance oft the improvements.  DEVELOPMENT FEES  All development fees are due and payable at the time of issuance of a building permit. Development fees will be determined using thei fee schedule in effect at the time of payment.  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage 13    RESOLUTION NO. 2497  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING FINAL TRACT MAP NO. 6188 AND ACCEPTING STREET DEDICATIONS AND EASEMENTS, AND  APPROVING SUBDIVISION AGREEMENT FORTRACTNO.6188  WHEREAS, KB Homes South Bay Inc., a California Corporation, the Owner and WHEREAS, the City Engineer has verified that all the provisions of the Subdivision  Subdivider, has presented to the City Council of the City of Fowler, a Final Map of Tract No. 6188 for Act and of Chapter 4, "Subdivisions," of the Fowler Municipal Code have been complied with, and Map that said Final Map is substantially the same as the Tentative Map thereof, as previously approved by the City  approval by the City Council; and  Council; and  WHEREAS, certain streets to be developed in Tract Map No. 6188 have been offered for WHEREAS, the Fowler Subdivision Ordinance requires that street dedications and WHEREAS, the City Council has determined it is in the best interests of the City at this WHEREAS, the public improvements and other conditions of approval ofTentative Tract  dedication to the City of Fowler; and  easements be accepted by the City Council; and  time to accept the streets and easements offered for dedication on the Final Tract Map No. 6188; and Map No. 6188 remain unfinished, and a Subdivision Agreement for Tract No. 6188 has been signed the Owner and Subdivider which addresses the requirements for the timely completion of the public by  improvements and other conditions ofa approval.  NOW THEREFORE, BE IT RESOLVED that the Final Map of Tract No. 6188 is  approved and the dedication of the streets and easements offered for dedication as shown on Final Tract Map 6188 is accepted, and the Subdivision Agreement for Tract No. 6188 is approved; and the Mayor, City Manager, City Engineer, and City Clerk are authorized and directed to sign such documents as necessary and proper to effectuate the approvals herein and recordation of the Final Map and Subdivision  Agreement. Dated: April 6,2021  Cardenas, Mayor  Qidch  1,A Angela Vasquez, Deputy City Clerk of the City of Fowler, do hereby certify and attest that the foregoing resolution was duly passed and adopted at a regular meeting of the Fowler City Council held on  April 6, 2021 by the following vote:  Ayes: Noes: Absent: Abstain:  oumimemherCardeas, Rodriquez, Parra, Kazarian, & Mejia  Councimembers.one Councimembers.one Councimembers.one  ( Angela City ofFowler  PDlss    Tract 6188 Legal Description  PARCEL 2 OF PARCEL MAP NO. 86-1, IN THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 46,  PAGE 70 OF PARCEL MAPS, FRESNO COUNTY RECORDS.    Woodside Homes" BETTER BY DESIGN  July9,2021 Dave Peters City of Fowler 1285.5"Street Fowler CAS 93625  RE: Request for Home Building Permit Issuance at Tract 6274  Woodside Homes is requesting that the City of Fowler issue home building permits for our new Tract 6274 project located ati the northwest corner of Sumner and! Sunnyside Avenue. This request is consistent with recent communication from staff whereby we were cleared for permit issuance. Understanding that this item may require Council review and approval, we respectfully request the City For your consideration, the current status of the project is provided below, along with a detailed Onsite improvements -9 Substantially complete, meeting agreement requirements  allow' "At-risk foundation only" permits to bei issued immediately.  schedule for the remainder of the work.  Sewer, storm drain, and water are complete; we anticipate water system tie-in by July 16 Dry utilities are installed and backfilled and awaiting PG&E: scheduling for project heat up Park construction to begin. July 19 and is expected tol be complete in late September Offsite improvements- - Per schedule below, estimated to meet permit issuance requirements 8/31 Storm draini is complete in Sunnyside Avenue. Offsite storm drain through Caltrans right of way isscheduledf for 7/13 to 7/30, the encroachment permit has been obtained for this work Water installation in Sumner Avenue is scheduled for 8/21 through 8/13  Sewer permit clearance has been obtained from SKF  Interior streets are paved  Curb and gutter installation 8/21 to 8/20 Dry utilityunderground work (Rule 20)  Utilities are installed and awaiting project dates from PG&E for heat up and pole  removal along Sumner and Sunnyside  Woodside continues to push fort this to be complete by 7/30  9 River Parkl Place East Suite 430, Fresno CAS 93720    Sumner sewer installation (requires PG&E to complete pole removals) - 15 working days for  installation  Sunnyside pavement to be constructed 8/23t to 9/3 Sumner pavement contingent upon PG&E work, duration of 25 days total Block walli is scheduled to begin 7/19 and complete 8/20 Frontage landscape to begin 9/6 and complete 10/15  The onsite improvements meets and/or exceeds requirements contained ini the subdivision agreement pertaining tol home building permits issuance. We are: actively working to complete all offsite improvements per the schedules above, including working with PG&E for complete project energization Our home construction teams anticipate a4 4 month build time for this project, indicating the first final inspections would occur in mid-November, after all development improvements are complete. Woodside Homes enjoys an excellent relationship with the City of Fowler and looks forward to finalizing ap project that we feel very proud of. Ifa any questions, please do not hesitate to contact me,  and utilityundergrounding completion.  Best regards,  CQ Jason Huckleberry Land Development Manager Woodside Homes- Central Valley Division (559)793-6780 ason.huckebery@woodsidehomes.com  91 River Park Place East: Suite 430, Fresno CA: 93720        JAV TTAV  B  B  BAV NVINVGINVY                    :  :  : : : :    Recording Requested by: City of! Fowler and When Recorded, Mail to: City of Fowler 128 South Fifth Street Fowler, CA 93625  ) )  ) )  (Exempt from Recording Fees - Govt Cod Sec. 27383)  SUBDIVISION AGREEMENT FOR TRACT 6274  This page added to provide adequate space for the above information only.  (Government Code 27361.6)    CITY OF FOWLER SUBDIVISION. AGREEMENT TRACT NO. 6274  THIS SUBDIVISION. AGREEMENT AGREEMENT) is made and entered into this 5W day of JANLARY 2024, by and between WOODSIDE 06N, LP, a California Limited Partnership, ("SUBDMDER"), and the CITY OF FOWLER, al Municipal Corporation ("CITY").  RECITALS  A. Tentative Map No. 6274 (attached hereto as Exhibit "A") has been filed with City for a proposed division of land adjacent to the intersection of Sunnyside Avenue and Sumner Avenue which is located within the corporate limits of the City. This tentative map has been approved and is being developed in a single phase. SUBDIVIDER has requested that the CITY accept and approve the Final Map and the dedications delineated and shown on the Final Map for the use and purposes specified thereon and to otherwise approve the Final Mapi in order that B. The CITY requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of the streets and public improvements and easements as delineated and shown on the Final Map, and deems the same as necessary for the public use, and requires and deems as necessary for the public use that any and all streets, public improvements and easements delineated and shown on the Final Map shall be improved by the construction thereof and the installation of the improvements specified int this Agreement. C. Certain public improvements are required to be made by SUBDIVIDER in accordance with the approved tentative map of the Subdivision and have not yet been completed Section 66462 of the California Government Code provides, as a condition precedent to the approval of the Final Map, that the City shall require the SUBDIVIDER to enter into an  the same may be recorded as required by law.  agreement to complete said public improvements.  D. The SUBDIVIDER and CITY enter into this agreement to perform and complete the work and matters as hereinafter described in this Agreement, in conformance with the City of Fowler Municipal Code, which Sections by this reference are incorporated into this Agreement  made a part hereof.  NOW THEREFORE, it is hereby agreed as follows:  1. Improvements. SUBDIVIDER shall construct and install all public improvements in the Subdivision as identified on the Final Map and improvement plans in accordance with all of the requirements and standards as set forth in the approval or conditional approval of the tentative map of the Subdivision, the Fowler Municipal Code, all applicable laws, codes and regulations as determined by the City Engineer and the terms and conditions of this Agreement (collectively Work"). In accordance with the Fowler Municipal Code, all of the Improvements shall be completed no later than twelve (12) months after the recording of the Final Map and commencement of construction. The SUBDIVIDER shall notify the City Engineer in writing two weeks (14 calendar days) prior to the commencement of construction activities. The City Engineer will then document in writing the beginning of the construction period. Construction shall commence not later than 12 months after recordation of the Final Map. Request to extend  Subdivision Agreement for Tract No. 6274  Page I    the time for completion of the Improvements must be in written form and received by the CITY not less than thirty (30) days prior to expiration of said twelve (12) month period and shall include facts to support the extension of time for completion as required by the City Engineer. Only the City Council shall have the authority to extend such time period. The extension period Within thirty (30) days after the SUBDIVIDER notifies the City Engineer that the required Work has been completed, the City Engineer shall inspect such Work and, if the Work has been performed in the required manner and in accordance with this Agreement, the Final Map, the Fowler Municipal Code and all other applicable laws, codes and regulations, the City Engineer shall advise the City Council that the public improvements are ready for acceptance by the 2.1 Inspection. The CITY shall inspect all work in accordance with Section 16 of the Fowler Municipal Code, including the SUBDIVIDER'S conformance with the CITY's standard specifications and any and all applicable conditions, standards or requirements, including, without limitation, all conditions, standards or requirements identified at the preconstruction As part of the inspection process, SUBDIMIDER shall retain, at its sole cost and expense, a materials testing company to perform any testing or retesting of the Work as required by the City's Department of Public Works and/or Building Official. The materials testing firm must be approved by the CITY before any testing or retesting begins. The City's Inspector shall designate the locations for compaction tests, and shall observe all testing procedures. In addition The SUBDIVIDER'S Engineer shall check the grade of all streets prior to surfacing and shall, prior to surfacing, provide written confirmation to the City's Department of Public Works that the street grades conform to the approved grades. In the case of asphalt concrete surfacing, the SUBDIVIDER'S Engineer shall, prior to surfacing, set grade stakes and shall be in attendance at SUBDIMDER shall construct all required improvements in accordance with the applicable improvement plans and specifications. Where concrete curbs and gutters are required and where driveway approaches are not constructed at the time curbs and gutters are constructed, the curb CITY shall schedule a preliminary final inspection and a deficiency list shall be compiled and submitted to the SUBDIMIDER for correction. Upon completion of all corrections or additional work as outlined by the deficiency list, the SUBDIVIDER shall certify, in writing, that all corrections have been completed and request a final inspection. Upon finding that all items have been corrected and receipt of as-built improvement plans, the Subdivision shall be placed The completion of corrections indicated by the deficiency list shall not relieve the SUBDIVIDER from the responsibility of correcting any deficiency not shown on the deficiency list that may be subsequently discovered. Should the CITY require payment of additional engineering and inspection fees and costs for improvements constructed after the stated date of completion, the SUBDIVIDER must pay said additional fees and costs prior to acceptance by  shall not exceed three (3) months.  CITY.  conference held prior to commencing the Work.  to street areas, compaction testing shall be performed in building pad areas.  the time all surfacing is performed.  and gutter shalll be continuous.  ont the City Council agenda for acceptance.  the City Council of the improvements.  Subdivision Agreement for Tract No. 6274  Page 2    3.  Costs and Fees. The SUBDIVIDER shall be responsible for all costs and  expenses associated with the Work, including, without limitation, the costs identified in the Improvement Cost Estimate attached hereto and made a part hereof and identified as Exhibit "C" to this Agreement. SUBDIVIDER agrees to all amounts identified on Exhibit "C" and agrees to pay when due, all amounts identified on Exhibit "C", including, without limitation, all CITY 66499 et. seq. of the California Government Code, and in such amounts as are required by the CITY, to guarantee the faithful performance of this Agreement including, without limitation, the construction of the Improvements and completion of the Work, and to guarantee payment to contractors, subcontractors, laborers, material men and other persons involved in the performance of the Work. In the sole discretion of the CITY and with the written authorization of the CITY, the sureties provided by the SUBDIVIDER may be released in whole or in part in the  engineering and inspection fees.  4.  Security. SUBDIVIDER agrees to furnish security, which complies with Section  following manner:  (a) Faithful performance sureties, not in excess of ninety percent (90%) of the estimated costs of the individual items of the Improvements and Work, may be released, or the required surety amounts may be reduced, as work is (b) Forty-five (45) days after recordation of the Notice of Completion for the Subdivision, the sureties securing the payment to contractors and subcontractors, and to persons furnishing labor, materials, or equipment, may be released if claims including, without limitation, stop notices, have not been (c) Twenty-Five percent (25%) of the total faithful performance surety, retained as the public improvement warranty, may be released one year after the Notice of Completion for the SUBDIVISION has been recorded. In the alternative, SUBDIVIDER shall provide CITY with new warranty security of not less than twenty-five percent (25%) of the Improvement Cost Estimate identified in Exhibit "C" hereto, which security shall have a term of one (1) year from the date of recordation of the Notice of Completion for the  satisfactorily completed and accepted by the CITY.  filed.  Subdivision.  The SUBDIVIDER shall furnish, in writing, proof of adequate security deposit to all utility companies for the installation of electricity, gas, telephone, cable television and any other utility which charges are not part of the Improvement Cost Estimate set forth in Exhibit' "C". No final map shall be signed by the City Engineer or recorded until all improvement securities required by the Fowler Municipal Code and this Agreement have been received and approved by the CITY. The form of securities shall be one or the combination of forms as be performed pursuant to this Agreement, SUBDIVIDER shall furnish the CITY with a certificate ofi insurance with a separate endorsement evidencing the following insurance coverages: Commercial and general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. Such insurance shall include  approved by the CITY. 5.  Liability. As a condition precedent, and prior to commencement of the Work to  Subdivision Agreement for Tract No. 6274  Page 3    products/completed operations liability, owners and contractors protective blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. The insurance shall name the CITY, its appointed and elected officials, officers, employees and agents and Peters Engineering Group as additional insureds; and be primary with respect to any insurance or sell-insurance programs maintained by the CITY, and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees, agents or independent contractors of the SUBDIVIDER, and arising out of or in any way connected with the Work which is the subject of this Agreement. Such policy or policies of insurance shall specifically provide that the CITY shall receive at least thirty (30) days prior to written notice of any cancellation of such policy or policies. Any such notice shall be sent to the attention of the City Engineer. Notwithstanding an inconsistent statement in the insurance policy or certificate or subsequent endorsement attached thereto, the CITY shall be insured or named as an additional insured covering the Work which is the subject of this Agreement, whether liability is attributable to the SUBDIVIDER or to the passive or active negligence of the CITY. The insurance shall be in effect on the date of this Agreement and shall expire no sooner than one year after the date of recordation of the Notice of Completion for the Subdivision. The cost of providing all required insurance shall be All such insurance shall provide coverage for SUBDIVIDER's obligations of indemnification as  borne solely by the SUBDIVIDER. set forth in paragraph 6 of this Agreement.  The expiration or proposed cancellation of any such insurance policy or policies, for any  reason whatsoever, shall constitute a material breach oft this Agreement.  6.  Indemnification. SUBDIMIDER hereby agrees to and shall protect, indemnify,  defend and hold harmless the CITY and all officials, officers, agent, representatives and employees and Peters Engineering Group from and against any and all liability, loss, claims, expenses, or damages of whatsoever kind or character, including attorney's fees and costs of all types, in any way arising out of, or in any way related, directly or indirectly to the Work to be performed pursuant to this Agreement or the acts or omissions of the SUBDIMDER, SUBDIMIDER'S independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the CITY or its officials, officers, employees, contractors, representatives, and agents while acting within the scope of their duties and regarding, in any way, the Work to be performed pursuant to this Agreement. These indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there is insurance policies covering the applicable damages, claims, or liability. This indemnification shall be binding upon the SUBDIVIDER whether or not there are any allegations of fault, negligence or liability of the parties indemnified hereunder and shall survive the completion of construction oft the Improvements and completion of the Work. SUBDIMIDER agrees that the use of any and all public streets and improvements, which are part of the Subdivision, shall be, at all times prior to the final acceptance by the CITY, the within any public rights-of-way or easements, which are located beyond the Subdivision limits, SUBDIVIDER shall satisfy any and all requirements necessary to obtain an encroachment  sole and exclusive risk of the SUBDIVIDER.  7.  Permits and Compliance. Should SUBDIMIDER be required to perform any Work  permit from the CITY or any other agency.  Subdivision. Agreement for' Tract No. 6274  Page 4    The SUBDIMDER shall install underground, all gas main services, telephone, cable television, and electrical lines, and all electrical transformers, splice boxes, pull boxes, and other SUBDIMIDER agrees to make all financial arrangements with Pacific Gas and Electric, Southern California Gas, Comcast Cable, ATT, and any other applicable utility company, to guarantee the installation of all utilities and services to the Subdivision. Copies of all agreements and written evidence of these financial arrangements shall be furnished to the CITY along with a composite underground utility plan prior to beginning construction of the Improvements within the SUBDIVIDER shall make arrangements for the relocation of all overhead and underground public utility facilities along the frontages or that interfere with the construction of the Improvements. The SUBDIVIDER shall be responsible for the full cost of relocating such The SUBDIVIDER shall repair any damage to public streets or other public property or improvements, which results from, ori is incidental to, the construction of the Improvements, ori in lieu of making such repairs, the SUBDIMDER shall pay to the CITY the full cost of such repairs. Building permits for individual lots of the Subdivision may be issued after primary completion of the infrastructure improvements as approved by the City Engineer following inspection. Primary completion is defined as completion of all required improvements except No occupancy permit for any dwelling to be constructed within the Subdivision shall be issued until all required Work and Improvements are substantially complete subject to City Engineer approval. Substantial completion is defined as completion of all required improvements with only minor corrections known as "punch list" items remaining. No inspections or approval by the City Engineer will be deemed acceptance by the City Council. In accordance with the Fowler Municipal Code, construction methods and materials for all Improvements shall conform to the standard plans and specifications of the CITY. Construction shall not commence until required improvements plans have been approved by the The Improvements shall be constructed in accordance with all applicable street, plumbing, building, electrical and zoning codes and any other applicable codes, rules or The SUBDIVIDER shall require contractors and subcontractors to provide and maintain barricades and warning signs to protect and warn the public of construction hazards. Traffic control shall conform to a traffic control plan approved by the City Engineer. Ifi in the opinion of the City Engineer, proper barricades and warning signs are not being provided, the Contractor will be required to immediately stop work until proper traffic control is provided and approved by The SUBDIVIDER shall require all contractors and subcontractors to conform to the applicable provisions of the California Occupational Safety and Health Act ("OSHA"). On site inspection of the work will be requested of OSHA officials and all work subject to this Agreement  existing facilities providing service to within the limits oft this Subdivision.  limits of the subdivision.  utilities and facilities.  paving, sidewalks, landscaping and street lighting.  City Engineer and payment of all fees have been received by the CITY.  regulations of the CITY and the State of California.  the City Engineer.  Subdivision Agreement for Tract! No. 6274  Page 5    shall immediately stop if, in the opinion of the City Engineer, any such work is being performed inv violation of OSHA, or when appropriate safety measures are not being utilized for the Work. SUBDIMDER shall be responsible for obtaining an NPDES permit for construction sites in excess of one acre, and shall develop a dust control plan and erosion control plan to mitigate soil migration from the Subdivision. SUBDIMIDER shall be responsible for soil and erosion control throughout the one-year warranty period called for in this Agreement. The SUBDIMIDER shall sweep the streets and alleys periodically throughout the one-year warranty period, at a minimum The SUBDIVIDER and its contractors and subcontractors shall pay for any materials, provisions and other supplies used in, upon, for, or about the performance of the Work, and for any and all work or labor associated therewith and for all amounts due under the worker's compensation and the unemployment insurance acts and all other applicable laws or regulations of the State of California or the United States with respect to such work or labor, including, without limitation, as required by Section 3200 of the California Labor Code and The SUBDIMDER shall provide and plant one street tree per lot at a location approved by the City's Building Official. The trees shall be planted at the time the dwelling unit on the lot is occupied and shall be selected from a street tree list provided by the CITY. Trees shall be furnished with root barriers and watered via a City approved irrigation system for eachl lot. The SUBDIVIDER shall install streetlights in the Subdivision. A streetlight plan shall be submitted tot the City Engineer for review and approval. Streetlights shall be LED and bei furnished and installed in accordance with CITY, PG&E and Caltrans' standards. The street lighting system shall become the property of the CITYupon completion and acceptance of the work, without further consideration to SUBDIMDER. SUBDIVIDER'S contract with PG&E ("PG&E" Contract") for the furnishing of electrical power to the Subdivision shall specifically state that all streetlights shall become the property oft the City. Each street light shall be furnished with an electrical pull box and grounding rod. The SUBDIMDER shall number the street light poles in accordance with PG&E requirements. The PG&E Contract shall identify a maintenance rate schedule for the streetlights of Fencing improvements shall be constructed in accordance with City Standards, with appropriate fencing offsets to be provided for sanitation and garbage collection service to each lot, including allowance for approved number and/or style of garbage cans, green waste, and recycling containers. Fencing improvements shall be constructed in such a manner as to eliminate any dirt strip between the fence and the adjacent alley. Where framing improvements face the alley, the SUBDIMDER shall construct a concrete mow strip in accordance with City standards between the The SUBDIVIDER shall furnish tot the CITY a set of reproducible as-built plans for all street improvements ("Street Plans"). The Street Plans shall be original ink on vellum or mylar copies. The Street Plans shall include the location of all underground utilities, finished grades for all curb returns and building pads. The SUBDIVIDER'S engineer shall provide a copy of the tract, in digitized format (AutoCAD 2020 or equivalent format as approved by the City Engineer) to the SUBDIVIDER agrees to install security devices, acceptable to the City of Fowler Public Works Department in order to protect streetlight and water meter facilities from vandalism.  frequency of once per month.  Section 4200 oft the California Government Code.  LS2C.  fence and the alley paving.  City prior to final acceptance of the Improvements and' Work by the City.  Subdivision. Agreement for Tract No. 6274  Page 6    Prior to the acceptance of the Work and release of the security, the SUBDIMIDER shall provide to the CITY a certification from its engineer that all work and the construction and installation of all Improvements conform with the approved plans for the Subdivision and the recommendations contained in the Preliminary Soils Reports. Acertification: shall also be furnished by the SUBDIVIDER'S engineer that all utility trenches have been uniformly compacted to the SUBDIVIDER agrees that the City shall inspect all Work and Improvements. All of said Work and Improvements and materials shall be completed, performed and installed under the inspection of and to the satisfaction of the City Engineer. It shall further be the responsibility of SUBDIMIDER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which Work is to be started to allow for arrangements for appropriate and adequate inspection services. SUBDIVIDER'S failure to notify the City Engineer may cause inspection delays for which SUBDIVIDER will be solely responsible. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked or approved by the City Engineer or inspector. Any damage to the sewer system, water system, storm drainage facilities, concrete work, street paving, or any other improvements that occurs after installation shall be made good to the satisfaction of the City Engineer by SUBDIVIDER before final acceptance of completed work by the City Council. Defective work appearing after final acceptance shall be repairedreplaced under the warranty provisions herein. Upon final acceptance by the City Council of all Work and Improvements as provided herein, SUBDIVIDER shall warrant said Work and Improvements from any defects in materials or workmanship for a period of one (1) year following said acceptance, and a one-year warranty bond shall be furnished by SUBDIMIDER tot the City as herein provided herein. 8. Other Conditions. The SUBDIMDER shall annex the Subdivision to the City's Landscape and Storm Drainage Maintenance District for the provision of maintenance of the landscape areas. The SUBDIVIDER shall provide a signed and notarized covenant and consent for annexation of the Subdivision to the Landscape Maintenance District. The SUBDIMIDER shall notify every potential buyer of lots within the Subdivision that the Subdivision is part of a Landscape Maintenance District. The SUBDIMIDER shall provide the City with a signed copy of SUBDIMIDER shall ensure that all solid waste is collected and disposed of by the City's contract agent, Waste Management, as required by Section 6-2.307 of the Fowler Municipal Code. If SUBDIVIDER uses persons or companies other than Waste Management for general clean up, SUBDIVIDER shall ensure that all solid waste is collected and disposed of by Waste The City Engineer is assumed to be a just arbitrator between CITY, SUBDIVIDER and SUBDIVIDER'S Contractor (herein "Contractor") and the entire work is under his jurisdiction to such end. It is his function to interpret the drawings and specifications; pass upon merits of  percentages specified in the City Standards.  such notice indicating açceptance of the notice by the buyer.  Management.  materials and workmanship.  Itis agreed that all conditions of approval of the Tentative Map and any Site Plan Review  shall apply to and be included in the Agreement.  Subdivision Agreement for Tract No. 6274  Page 7    9.  Scheduling. It shall be the responsibility of the SUBDIVIDER to coordinate all  Work performed by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability of one contractor or subcontractor operation delays another. In no case shall representatives of the CITY be placed in the position of making decisions that are the responsibility of the SUBDIVIDER. It shall further be the responsibility of the SUBDIMIDER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the SUBDIMIDER to notify the City Engineer may cause delay for which the SUBDIMIDER shall be 10. Soil and Dust Control Provisions. The SUBDIMIDER is responsible for arrangement for and payment of all CITY required soil tests at locations as determined by the City Engineer. Payment for said tests shall be made directly by the SUBDIMIDER to the certified Adequate dust control shall be maintained by the SUBDIMIDER on all streets and areas, including, without limitation, undeveloped lots within the Subdivision and all streets outside of the Subdivision, from the time Work is first commenced until all work is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or approved dust palliative with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the Subdivision. Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets, or other areas oft the Subdivision, the City Engineer shall give notice to the SUBDIVIDER to comply with these provisions, or, at the election of the City Engineer, notice may be mailed to the SUBDIVIDER at his address on file with the City Engineer. If, within twenty-four (24) hours after personal service or within forty-eight (48) hours after mailing of notice, the SUBDIVIDER has not commenced to maintain adequate dust control or at any time thereafter fails to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any street or streets to be sprinkled with water or an approved dust palliative as may be deemed necessary by the City Engineer to eliminate the scattering of dust. Such dust control shall be performed by equipment and personal of the CITY or by contract as the City Engineer shall determine, and the SUBDIVIDER agrees to pay to CITY, upon receipt of the When the surfacing on any existing street is disturbed, SUBDIVIDER shall immediately replace the surfacing with temporary surfacing and permanently pave the existing street within fourteen (14) calendar days thereafter. All streets shall be maintained in a safe and passable condition at all times between the commencement of construction of improvements and final 11. Reimbursement. Ift the City Municipal Code provides SUBDIVIDER with the right to receive cash reimbursement or Development Impact Fee credit because of the construction of certain Improvements or the oversizing thereof, SUBDIMIDER must request payment of the cash reimbursement or preparation of a reimbursement agreement, whichever is applicable, or the Development Impact Fee credit. Such request must be made in writing and received by the City Engineer prior to the date of final acceptance of all Improvements by FOWLER City Council. SUBDIVIDER agrees that should it fail to make such written request by the date identified herein, SUBDIMIDER forever waives it's right to request and receive any reimbursement, reimbursement agreement or Development Impact Fee credit.  solely responsible.  testing firm of the SUBDIVIDER'S choice.  billing therefore, the entire cost tot the CITY of such dust control.  completion thereof.  Subdivision Agreement for Tract No. 6274  Page 8    The following items are eligible for reimbursement related to this Subdivision:  a. 50% of the cost of 554 lineal feet of 12-inch waterline installed in Sumner Avenue b. 50% of eligible park improvement costs (estimated to be $208,794) to be credited Outlot D (6,144 square foot lot). Eligible reimbursement costs will be equal to the purchase price paid by the developer for the dedicated land and frontage improvements surrounding the site (curb, gutter, sidewalk, landscaping, etc.). 12. Prevailing Wage Laws, Rules and Regulations. SUBDIVIDER shall comply with and shall require all contractors to comply with all prevailing wage laws, rules and regulations applicable to the Subdivision, the Work and the Improvements. Unless otherwise advised in writing by the CITY, SUBDIVIDER shall be solely responsible for making any and all decisions regarding the payment of prevailing wages for any portion or aspect of the Subdivision, Work or Improvements, including, without limitation, any form of reimbursement by the CITY to the SUBDIVIDER or any contractor. Further, SUBDIVIDER will be solely responsible for the payment of any claims, fines, penalties, reimbursements, payments or any other actions that may be initiated against SUBDIVIDER, any contractor, or the CITY as a result of failure to pay SUBDIMIDER shall defend, indemnify and hold harmless the CITY, Peters Engineering Group, its officials, officers, employees, representatives, agents and attorneys from and against any and all claims, damages, losses, judgments, liabilities, expenses and other costs, including, without limitation, litigation costs and attorney's fees arising out of, resulting from or in any way in connection with any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect oft the Subdivision, the Work or the Improvements. SUBDIVIDER's obligation to defend, indemnify and hold the CITY harmless specifically includes, but is not limited to, any suit or administrative action against the CITY which claims a violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the SUBDIMIDER's obligations to defend, indemnify and hold the CITY, Peters Engineering Group, its officials, officers, employees, representatives, agents and attorneys harmless as set forth herein, shall include, but shall not be limited to, staff time, copying costs, court costs, the costs of any judgments or awards against the CITY for damages, losses, litigation costs or attorney fees arising out of any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, Work or Improvements and costs of any settlement representing damages, litigation costs and attorney's fees to be paid to The CITY may, at any time, require the SUBDIVIDER to reimburse the CITY for costs that have been, or which the CITY reasonably anticipates will be, incurred by the CITY during the course of any action. SUBDIVIDER shall reimburse the CITY within thirty (30) days of receipt of an itemized written invoice from the CITY. Failure of the SUBDIMIDER to timely reimburse the CITY shall be considered a material breach of this Agreement. All of the provisions of this paragraph 12 shall survive the completion of construction of the Improvements  (Sta 11+10.22 to Sta 16+65.29). towards park impact fees.  prevailing wages.  Subdivision, Work or Improvements.  other parties arising out of any such proceeding or suit.  and completion oft the Work.  Subdivision Agreement for Tract? No. 6274.doc  Page 9    13. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding such matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other 14. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 15. Attorneys' Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California for any 16. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. This Agreement shall not be assigned by SUBDIVIDER without the express prior written consent of CITY, which consent may be withheld in the sole and  agreement, statement or promises shall be valid or binding.  proceeding arising hereunder.  absolute discretion of CITY. the laws of the State of California.  17. Governing Law. This Agreement shall be construed and governed pursuant to  18. Time of the Essence. Time is of the essence of this Agreement.  IN WITNESS WHEREOF, the parties have executed this Agreement on thec/st day of  Jonilary  2020. 2024.  CITY OF FOWLER FOWLER CITY MANAGER  SUBDIVIDER  WOODSIDE 06N, LP, a California Limited Partnership By: WDS GP, Inc., a California Corporation, it's General Partner  By:  willaul  By:  éannie Davis  Ibdlhs Keny Medellin, Vice President  Subdivision Agreement for Tract No. 6274  Page 10    APPROVED AS TO CONTENT:  ATTEST:  By:  By:  David Peters, PE City Engineer, City of Fowler  Fowler Deputy  bloe  Subdivision Agreement for" Tract No. 6274  Page 11    EXHIBIT 'A' TENTATIVE TRACT MAP  Subdivision Agreement for" Tract No. 6274  Page 12    EXHIBIT "B"  MPROVEMENT COST ESTIMATE  Estimated construction costs used in this Agreement are increased for projected inflation  computed tot the estimated mid-point of construction.  ESTIMATED CONSTRUCTIONCOST  Site Preparation  Construction of all sanitary sewerage facilities as shown on the approved improvement plans in accordance with City Standards  and Specifications. Sanitary Sewer System and Specifications. Storm Drainage System  $  265,109.50  Construction of all sanitary sewerage facilities as shown on the approved improvement plans in accordance with City Standards  $  196,784.00 101,740.00  Construction of underground cross drains, storm sewerage conductor, $ and disposal facilities as shown ont the approved improvement plan in accordance with City Standards and Specifications.  Water System  Install all water mains, hydrants, services and appurtenances as shown on the approved Improvement Plans in accordance with City  Standards and Specifications. Street Construction  $  259,248.00  Construct Type "B" asphalt concrete surfacing over Class 2 aggregate base, curb and gutter, sidewalk, wheelchair ramps, drive approaches, valley gutters, streetlights and misc improvements as shown ont the approved Improvement Plans in accordance with City Standards  and Specifications.  $ 1.016,147.70 1,839,029.20  Total Estimate Construction Costs =  Subdivision Agreement for' Tract? No. 6274  Page 13    SECURITY REQUIREMENTS  Performance Labor and Material Warranty Monumentation Security  $ $ $ $  1,839,029.20 919,514.60 459,757.30 8,500.00  PLAN CHECK AND INSPECTION FEE  Improvement Plan Check and Inspection Fees (3%)= $55,170.00  Less Previously Paid = $15,000.00  Total Due= $40,170.00  Actual plan check and inspections fees in excess of the total amount provided herein shall be invoiced to the Owner by the City for Payment prior to acceptance oft the improvements.  DEVELOPMENT FEES  All development fees are due and payable at the time of issuance of a building permit. Development fees will be determined using the fee schedule in effect at the time of payment.  Subdivision Agreement for Tract! No. 6274  Page 14    ACKNOWLEDGMENT  An notary public or other officer completing this certificate verifies only the identity of thei individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or  validity of that document. State of California County of  FRESNO  On JANUARY 5, 2021 personally appeared  before me, S. LEYBA-STRONG, NOTARY PUBLIC  (insert name and title of the officer)  KERRY MEDELLIN  who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hishher/their authorized capacityes), and that by his/her/their signature(s) on the instrument the person(8), or the entity upon behalf of which the person(s) acted, executed the instrument. Icertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing  paragraph is true and correct. WITNESS my hand and official seal.  S. LEVBA-STRONG COMMISSION #2314685 Notary! Publlc- Califomia FRESNO COUNTY MV COMMESHONEXPRES December 6, 2023  Signature  (Seal)  92    CALIFORNIA ALL- PURPOSE  CERTIFICATE OF ACKNOWLEDGMENT  Ar notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,  and not the truthfulness, accuracy, or validity of that document.  State of California County of Feesao  )  On damuasy 20,2021 before me, S.Leal Noal. Pkc personally appeared Jeannie AkAdan Davis  (Herei insert nane andliledhedlicen  who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey 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 Icertify under PENALTY OF PERJURY under the laws of the State of California that  which the person(s) acted, executed the instrument. the foregoing paragraph is true and correct. WITNESS my hand and official seal. ee  J.LEAL Notary Fresno Public- County California Commission +2256180 CoT. Expiress Ses2 23. 2022  Netary Cemssigh  Ese23 6-756180 2022  (Notary Public Seal)  ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF1 THE/ ATTACHEDDOCUMENT Ctfke Subdivision (Tilled ord désctiption of attaphed document) AKEAE (Tilleo or description ofa attachedd document continued) Number of Pages Document Date_ CAPACITY CLAIMED BY THE SIGNER D Individual (s) Corporate Officer (Titie) Partner(s) Attorney-in-Fact Trustee(s) Other.  INSTRUCTIONS: FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, ifneeded, shouldb bec compleledand. attachedtol the document.. Ackowledgments from other states may bec completed for documents being sentt to that stale sol long as the wording does not require the California notaryto violate Caljfornia notary State and County information must be the! State and County where the document signer(s) personally appeared! before the notary public for acknowledgment, Date ofn notarization must bet thed date that thes signer(s) personally appeared which must also bet thes same date the acknowledgmenti is completed. The notary public must print his or her name as it appears within his or her commission: followed byac comma andt theny your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of Indicate the correct singular or plural forms by crossing off incorrect fors (i.e. he/she/they is lare) )or circlingt the correct forms. Failure toc correctlyi indicate this information may! leadi 10r rejection ofdocument recording. The notary seal impression must be clear and photographically reproducible. Impression must not cover text orl lines. Ifseali impression smudges, re-seal ifa sufficient area permits, otherwise complete a different acknowledgment form. Signature oft the notary public must match thes signature on file with the oflice of * Additional information is not required but could help to ensure this acknowledgment isr notr misused or attachedt toad different document. Indicate title or type of attached document, number ofp pages and date. Indicate the capacity claimed by the signer. If the claimed capacity isa corporatb officer, indicate thet title (i.e. CEO, CFO, Secretary). Securely attach this document tot thes signed document withs a: staple.  law.  notarization.  the county clerk.  2015 Version www. NotaryClasses.com: 600-873-9865    ITEM  5Bii  FOWLER CITY COUNCIL  1908  ITEM NO: 5-Bii  REPORT TO THE CITY COUNCIL  August 3, 2021 FROM: SUBJECT  Dario Dominguez, Public Works Director  Consider proposals from vendors for the City's Solar/Energy Conservation Project and provide Staff  direction on the selected vendor to begin negotiating a Project Agreement  BACKGROUND  On October 5, 2020, the City released a Request for Qualifications (RFQ) for the Energy Conservation and Energy Generation Project and received one response from Sitelogiq Inc. Sitelogiq proposed two solar array sites at the cost of $1,339,595.00. Staff began negotiations with Sitelogiq and in the course of negotiations staff felt it was in the best interest of the City to solicit additional proposals and include additional potential sites. As part of this due diligence, staff contacted four additional solar companies and received two additional proposals for three total solar array sites within the City. Staff provided Sitelogiq with the opportunity to revisit its proposal and provide an updated proposal including the opportunity to include the third solar array site proposed in the other On July 20, 2021, staff presented the three proposals to Council. Each solar provider was available toa answer Council questions about their proposals and qualifications. During that meeting, Council directed staff to meet with each solar provider to obtain additional information, obtain a breakdown of Staff requested the additional information from each of the solar providers and provided a week to respond. Subsequently, one of the solar providers withdrew from the process. The attached spreadsheets provide a side-by-side comparison of the remaining two proposals. As outlined in the attachments, both companies can assist the City with the Energy Conservation Assistance Act (ECAA) 1% loan application. Government Code Section 4217, et seq. authorizes the procurement Once staff receives direction from Council, negotiations with the selected firm will commence.  two proposals.  their cost estimates and return to Council.  process utilized by the City for this project.    FISCAL IMPACT  The attached spreadsheet shows the forecasted energy saving and total project payback for each  respective solar company. Attachments:  Final Solar Comparison Spreadsheet  Additional Information for Solar Company Comparison Spreadsheet  Excerpts from each Solar Provider regarding Energy Management & Performance Guarantee  Aerial Site Drawings            Additional Information for Solar Company Comparisons  Questions Prevailing Wage Type of Material Fixed Vs Tracking System  SitelogiQ Yes Canadian Solar Fixed Fixed Roof Mount 25 year  Pickett Yes Canadian Solar Fixed Fixed Roof Mount 30 year year @ additional $8,800 for Well Site & $10,500 for 10th St. Site 10 year workmanship; 5 year system monitoring  Basin Well Firel Panels  Warranties  10 year included; 20 10 year included; 20  Inverters year @ additional  $10,000 10 year  System  Included; $8,380 inflating Included; City can also at 3% annually for each access to watch daily  Energy Management"*  year of term Included Yes 1988 Yes  production Not Offered No** 1988 Yes  Performance Guarantee* Municipal Projects Company Longevity ECCA Loan App. Assistance  *See written exerpts on these items from each solar provider  **Experience with large ag sites, school districts, industra/commercial sites, etc.    Pickett  Energy Management Services and Performance Guarantee  Please see updated pricing below and - hope by! breaking it out this way it willl highlight the important 1. Energy Management for us comes from the inverter company, SMA directly and is monitored in house at no charge. With audits as needed to determine that you are on the correct rate. You and any one at the City of Fowler can have al login to watch daily production is you choose. 2. We do not offer any form of production guarantee due to the many fine print items that come with an agreement like this such as it does not cover you against bad weather, vandalism, you must wash X amount of times, etc. So we feel it is not necessary because it holds little to no protection for1 the client anyway. We warranty the system for 101 full years or longer if you choose the extend to 20 years with SMA and we: are diligent at keeping your system int top operating shape. References can share their opinions on us hitting our production numbers 3. The well site and Basin are producing 1,040,000 kWh's offy your historical data we have you guys consuming 1,059,000 kWh. This will put us at 99plus % and there is no reason to go any bigger  numbers for you easier.  without having to bump the price up to cover slip ups.  unless you expect a huge rise inj power usage.    Siklogig  ExHinit G  %M  ENERGY REPORTING AND MANAGEMENT SERVICES  An energy specialist will provide the following services:  ENERGY MANAGMENT  Responsibility is to improve energy efficiency by evaluating our client's energy use and help  craft energy policies, strategies, programs, and support energy measures.  Evaluate the Client's energy use and offer assistance for energy saving policies, strategies,  and programs.  Quarterly utility bill analysis and energy monitoring.  Annual utility rate analysis for all electric service accounts to ensure and optimize utility  cost.  QUARTERLY REPORT CREATION AND UPDATE  Develop and create an external accessible dashboard for communication with key  stakeholders, staff, or customers about projects and performance.  Update dashboard quarterly to client with Energy Engineer review oft trends, interval data  usage, and anomalies.  ECCA ENERGY REPORTING SERVICES  Complete documentation and reporting to the California Energy Commission (CEC) to meet California Energy Conservation Assistance Act (ECCA) project annual progress and SitelogIQ will use available methods developed by the CEC including program calculators and reporting forms for project energy savings to meet program requirements.  final reporting requirements.    Operators Guarantee (performance quarantee):  5.  OPERATOR'S GUARANTEE  (a) combined. (b)  Operator shall conduct and provide to Owner an evaluation each calendar year during the effective Term of the Agreement to determine the Cumulative Annual Energy Production from all the Systems  The Cumulative Annual Energy Production shall be measured for each complete calendar year, January 1 to December 31 ("Annual Production Period"). No evaluation will be performed for the first partial period (Final Completion for all Systems to the first December 31 ofthe Term) and last partial period (last January 1 of the Term to Term  expiration) due to incomplete data.  (c)  The Cumulative Annual Energy Production shall be compared to the Expected Annual Energy Production calculated upon Final completion for all the Systems combined to evaluate the performance of (d) Operator hereby guarantees to Owner an energy output of ninety percent (90%) of the Expected Annual Energy Production for the aggregate of the Systems for each Annual Production Period ("Energy Production Guarantee"), subject to the adjustments in Section 5(g), 5(h),  the Systems.  5(i), and 5(). (e) (f)  The evaluation shall be conducted in accordance with the If the Systems fail to meet the Energy Production Guarantee, then within ninety (90) calendar days after the failure is identified, the Operator shall pay the Owner the difference between the Cumulative Annual Energy Production and the Energy Production Guarantee for such period multiplied by the Power Payment ($0.17/kWh) ("True-Up Refund"). The True-Up Refund shall increase three percent (3%)  procedures provided in Exhibit E.  annually upon commencement of the Term.  (g)  If the Cumulative Annual Energy Production is more than one hundred five percent (105%) of the Expected Annual Energy Production, then the Owner shall give a kWh credit to the Operator for every kWh between the measured Cumulative Annual Energy    Production and one hundred five percent (105%) of the Expected Annual Energy Production for such Annual Production Period. Operator shall be entitled to apply this credit to any future Annual Production  Period at the Operator's sole discretion.  (h)  The Expected Annual Energy Production for the combined Systems shall be reduced accordingly for the period of time any System is not in operation in connection with (a) temporary removal of the System, a movement to an alternate location, or a temporary shutdown of the System or any portion thereof; (b) the occurrence of an event of Force Majeure has temporarily impaired or disabled the operation ofa any System or any portion thereof; (c) Owner interferes with the System; (d) vandalism or theft, (e) Utility caused outages, or (f) any manufacturer defects that cause outages. Operator shall provide and justify data verifying the loss of generation using the System Model defined in  Exhibit E. (i)  Operator's Expected Annual Energy Production shall  proportionately terminate and be of no further force or effect if any System, or any portion thereof, is subject to a permanent shutdown or an event of Force Majeure occurs, the effect of which to permanently impair or interfere with the operation of the System, or any portion  thereof. ()  The Parties agree that Owner shall avoid activities that result in overshadowing or shading of the Systems in a manner that would prevent Operator from satisfying its Energy Production Guarantee. In the event the Systems, or any portion thereof, is overshadowed or: shaded ina a manner that prevents Operator from satisfying its Energy Production Guarantee for any reason beyond the control of Operator, Owner agrees that Operator's Expected Annual Energy Production shall be reduced accordingly. Operator shall provide and justify data verifying the loss of generation using the System Model ofthe System due to overshadowing  ors shading.    Warranty: 1.2.  2.3 Warranty  (a)  Subject to the limitations set forth in this Section 2.3, commencing on the Final Completion Date, and for a period often (10) years, Operator warrants that the System will be free from defects in materials and workmanship under normal operating conditions and shall conform to the final System design provided by the Operator under the FSA. Ifthe System has a defect that causes it to fail to conform to any of the foregoing Warranties, Operator will, at its option, either repair or replace the portion of the System that is defective at no cost to the Subject to the limitations set forth in this Section 2.3, commencing on the Final Completion Date for each system, Operator shall provide a ten (10) year warranty to protect against defects and undue degradation of electrical generation output of the Solar Plant ("Operator Warranty") in compliance with the California Public Utility Code 387.5(d)(4). Operator  Owner.  Warranty shall include the following:  (i)  Ten (10) year warranty to protect Owner against more than 15% degradation of electrical generation output that may  occur as ai result of faulty installation.  (ii)  Ten (10) year warranty to provide for no-cost repair or replacement of a defect not otherwise covered by Manufacturer Warranties provided such defect causes more than fifteen percent (15%) degradation of electrical generation output.  Ift the System has a defect that causes it to fail to conform to any of the foregoing Warranties, Operator will, at its option, either repair or replace the portion oft the Solar Plant that is defective at no cost to the Owner.  (b)  This Warranty shall not cover any defects to the extent such  defect is caused by any ofthe following:  ()  Alterations or repairs made to the System by anyone except for Operator or Operator's Subcontractors without  Operator's prior written approval;  (ii)  Failure of the System to perform caused by legislative, administrative, or executive regulation, order or requisition of the government, local utility or public utilities commission, or any state, provincial or municipal government or official;    (iii)  Use of the System by anyone except for Operator or Operator's Subcontractors beyond the scope contemplated in its  operating manuals or technical specifications;  (iv)  Damage to the System not caused directly or indirectly by Operator or its Subcontractors under any agreement between  Operator and Owner;  (v) (vi)  Damage or property loss to the System caused by third Manufacture defects or Return merchandise  parties including, but not limited to, vandalism and theft.  authorization (RMA)ofequipment. (vii) Force Majeure Events; and  (viti) A change in usage of the Site, which may affect building or site permits and related requirements, without the written approval of Operator, or a change in ownership of building or property and the new owner has not signed an assumption agreement of the terms and conditions herein. Corrections, repairs, or replacement covering the equipment, materials, and labor as a result of the defects above shall be billed at the rates  specified in Exhibit F, on a time and materials basis.  (c)  The Operator Warranty assumes that all Manufacturer Warranties have been assigned to the Owner under the FSA. Operator's obligations under the Operator Warranty do not apply to defects in materials or equipment provided by Manufacturer Warranty. Operator makes no representation or warranty, and Owner shall seek no recourse from Operator, regarding the warranties of the manufacturers, including, without limitation, the power output of the PV: modules.  (d)  To the extent that Equipment Warranties cover replacement and/or repair of any System equipment during the Term, it shall be Operator's responsibility under this Agreement to use commercially reasonable efforts to submit, process and pursue, at Operator's sole cost and expense, warranty coverage; provided, however, that, because warranty claims may need to be submitted in the name of Owner, Owner shall provide such full and complete cooperation as Operator may reasonably require in connection with such submission, processing and  pursuit of warranty coverage.  (e)  Operator agrees to act as agent on behalf of Owner for purposes of Section 2.3(d). If, in the event the equipment manufacturer denies responsibility for warranty service and Operator is instructed by Owner to pursue action against the equipment manufacturer, whether through    litigation or otherwise, Owner shall reimburse Operator for any of the costs, expenses, or repairs incurred by Operator in this context, even if such attempt to recover from the equipment manufacturer fails, provided that such failure is not the result of errors or omissions by Operator. Such costs shall be reimbursed by Owner to Operator within thirty (30)  days of receipt ofinvoice.  (f) (g)  This Warranty shall expire ten (10) years (one hundred twenty Except as expressly provided herein or in the Agreement, Operator expressly disclaims any and all warranties of any kind, express, implied or statutory, including without limitation any implied warranties ofmerchantability and/or fitness for aj particular purpose.  (120) months) after Final Completion Date for each System.  Annual cost fort the following services: $8,380 inflating at 3.0% annually, for each year during the Term.    1  8    a  /  s    3  -    e HIGH CHAIN LINK FENCE N/ BARBED JIRE  -  CANADIAN. SOLAR C53W-445MB MODULES (742 TOTAL)   HU - IU    PICKETT  SITEPLAN    o,  a  S, Y,  -  E  CAMADIAN.SOLAR CS3A445MB MODULES (624 TOTAL)  6 HR CHAIN LINK FENCEWA BARBED HIRE  N 89:30'31" W. 337.49  PICKETT  SITEPLAN