HomeMy WebLinkAboutClovis USD Extraterritorial Water & Sewer Service & Offsite Infrastructure Agreement - 2-26-24 EXTRATERRITORIAL WATER AND SEWER SERVICE AND OFFSITE
INFRASTRUCTURE AGREEMENT BETWEEN
CLOVIS UNIFIED SCHOOL DISTRICT AND THE CITY OF FRESNO
THIS EXTRATERRITORIAL WATER AND SEWER SERVICE AND OFFSITE
INFRASTRL AGREEMENT (Agreement) is made and entered into effective
�CTUR
p 302-9- (Effective Date), by and between the City of Fresno, a
California municipal corporation (City), and Clovis Unified School District, a California
public school district (Applicant).
RECITALS
WHEREAS, the Applicant is experiencing student overcrowding issues at its
existing elementary schools located in the eastern portion of the City, and the student
overcrowding adversely impacts the student learning environment at existing elementary
schools, and the Applicant determined that there was a need to construct a new
elementary school, on an expedited basis, to address the student overcrowding;
WHEREAS, the Applicant has requested the City to provide public water and
sewer services to a 25.06-acre property where Dr. Janet L. Young Elementary (the
Project) has been constructed to address student overcrowding in the eastern portion of
the City;
WHEREAS, the 25.06-acre property on which the Project is located, and which is
associated with Fresno County APNs 310-230-24 and 310-230-34 (the Extraterritorial
Property), is located within the City's sphere-of-influence, but outside of the City's existing
municipal corporate limits;
WHEREAS, California Government Code section 56133(b) permits a city to
provide new or extended services by agreement outside its jurisdictional boundaries but
within its sphere-of-influence, in anticipation of a later change of organization, and with
written approval from the Fresno Local Agency Formation Commission (LAFCo);
WHEREAS, both the City and the Applicant agree it is not necessary for the subject
property to be annexed into the City at this time and the Applicant has filed an extension
of services application with LAFCo and obtained the necessary approvals;
WHEREAS, LAFCo has reviewed the Applicant's request for water and sewer
service extensions, and determined that if the Applicant chooses not to annex the
Extraterritorial Property to the City, then an extension of City water and sewer services to
the Extraterritorial Property would be appropriate upon an extension of services
application filed with LAFCo;
WHEREAS, the City has identified options to provide water supply and sewer
capacity to accommodate the Applicant's water and sewer demands at the Extraterritorial
Property for the Project, provided the Applicant meets certain conditions set forth below,
including the installation of Offsite Improvements, as defined further below and set forth
in Exhibit A hereto; and
WHEREAS, the City and the Applicant are both public entities with common
jurisdictional boundaries and desire to work together in good faith for the good of their
constituencies and not unreasonably withhold information, cooperation or consent as it
relates to this Agreement.
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and
for other good and valuable considsiration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
A. Provisions Specific to Water and Sewer Service: Connection to the City's public
water system and public sewer system by the Applicant shall be subject to the
following conditions:
1. Water and Sewer Main Extensions. The Applicant, at its sole expense and
without reimbursement from the City, shall be required to install water and
sewer service mains as necessary to connect the Extraterritorial Property
to the City's public water system and public sewer system. The City shall
identify for the Applicant the point(s) of connection to the public water
system and public sewer system (Point(s) of Service) and specify the
pipeline sizes required for the connections.
2. Metered Service Connection. The Applicant shall install meters approved
by the City for all domestic, irrigation, and all other uses required for the
Extraterritorial Property.
3. Destruction of Existing Onsite Wells. The Applicant shall destroy all existing
onsite wells in compliance with the State of California Well Standards,
Bulletins 74-81 and 74-90, or current revisions, issued by California
Department of Water Resources, Fresno County standards, and City
standards. The Applicant shall not apply any water obtained from onsite
wells to the Extraterritorial Property. The Applicant shall comply with Fresno
Municipal Code (FMC) section 6-518, as may be amended from time to
time.
4. Septic Tanks Prohibited. No septic tanks shall be installed, replaced, or
expanded on the Extraterritorial Property. All existing septic tanks shall be
abandoned, and all sewer connections must be completed within 90 days
of the sewer main extensions installation. Specifically, FMC Section 6-
303(a) states "every building or structure in which plumbing fixtures are
installed, and every premises having piping thereon, which conveys sewage
or other liquid wastes to an approved point of disposal, shall be connected
to the regional sewer system if it is available."
5. Fire Protection Upgrades. The Applicant shall be solely responsible for
meeting any required fire protection upgrades beyond the point(s) of
connection to the public water system.
6. Payment of Fees to City. Prior to issuance of approval to connect to the
City's water or sewer systems, the Applicant shall pay to the City all required
water and sewer fees as determined by the City and set forth in the City's
Master Fee Schedule, as may be amended from time to time, including the
City's Water Capacity Fee. The Water Capacity Fee shall be based on the
number and size of water meters installed to serve the Extraterritorial
Property.
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7. Water Supply Redundant. For water supply redundancy purposes, the
Applicant, at its sole expense and without reimbursement from the City,
shall be required to connect to the City's public water system at two
locations designated by the Director of Public Utilities or designee.
8. City to Provide Water and Sewer Service_ Upon the Applicant's full
performance of all obligations defined herein, including payment of all fees
required by the City under this Agreement, the City will provide the Applicant
with water and sewer service from City's public water system and public
sewer system. The City will not unreasonably withhold providing water and
sewer services to the Applicant.
a. The City's performance is conditioned upon the Applicant obtaining
consent of all applicable governmental agencies including, without
limitation, approval of this Agreement by LAFCo and obtaining
consent from Fresno County, including, without limitation, obtaining
necessary encroachment permits or easements from Fresno County,
or private property owners, to install new water lines and new sewer
lines (Public Portion) along right of ways or across private property,
as may be required to serve the Applicant's property (Private
Portion).
b. The City shall withhold approval of the Applicant's water and sewer
construction plans until all necessary approvals, permits, and
easements have been legally obtained and duly recorded with
Fresno County.
9. No Representation Regarding Water Service Pressure or Volume for an
Private Portion of the New Water Pipeline. The City does not make any
representation, warranty or guarantee of any kind or nature, and hereby
specifically disclaims, any kind of representation, warranty, or guarantee
that any Private Portion of the water system will yield any specific volume
of water or provide any specific water pressure to the Extraterritorial
Property under static or dynamic water demand scenarios, or for any use
by the Applicant and its tenants, lessees, purchasers, successors or
assigns. Regarding both water and sewer service, the Private Portion
begins at the non-City side of the Point(s) of Service and extends
throughout the Extraterritorial Property. The Applicant assumes full
responsibility for the adequacy of volume of water and water pressure
beyond the Point of Service into the Private Portion.
10. Water Service Contingent on Surface Water Supply Availability. The City's
provision of water service to the Extraterritorial Property is contingent upon
the Applicant providing a sufficient annual surface water supply to
accommodate the total estimated annual water demands for the intended
uses on the Extraterritorial Property at buildout conditions, plus an
additional 10% of the total annual water demand at buildout conditions for
drought-resiliency purposes. The City shall have the sole discretion to
approve the Applicant's estimates of total annual water demands for the
Extraterritorial Property, including drought-resiliency. The approved
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estimate of total annual water demands will define the total annual amount
of surface water the Applicant must provide to serve the Extraterritorial
Property. The City and the Applicant mutually agree that the total annual
water demand for the Extraterritorial Property is 40 acre-feet.
The Applicant shall be allowed to provide the required surface water
volumes for the Extraterritorial Property using either or both of the following
means:
a. Acquisition of Perpetual Surface Water Right. The Applicant may
obtain, at its sole and exclusive cost, a perpetual annual surface
water supply allocation, right, entitlement or similar from a public
water agency acceptable to the City, and the Applicant shall then
dedicate, transfer, or assign the annual perpetual surface water
supply allocation, right, entitlement or similar to the City, at no cost
to the City. The City shall have the sole discretion to determine
whether the annual surface water supply allocation, right, entitlement
or similar obtained by the Applicant is acceptable, which will be
contingent upon the conditions and costs required to maintain the
annual allocation, right, or entitlement in perpetuity.
b. Payment of Extraterritorial Water Supply Payment. If it is determined
that the Applicant's property does not possess surface water
entitlements that can be transferred and assigned to the City, or the
Applicant cannot obtain a perpetual annual surface water supply
allocation, right, entitlement or similar from a public water agency
acceptable to the City, then the Applicant shall be required to pay the
City for the City to obtain surface water entitlements for the
Extraterritorial Property (Water Supply Payment) necessary to meet
the total perpetual annual surface water supply required. The Water
Supply Payment shall be a one-time payment of ten-thousand dollars
($10,000) per acre-foot,which will be multiplied by the total estimated
annual water demand of 40 acre-feet (including drought resiliency)
required to serve the Extraterritorial Property. The Water Supply
Payment is based on the City's reasonable estimate of the City's
costs to obtain, purchase, develop, or otherwise procure a
permanent annual surface water supply source to accommodate the
estimated total annual water demands for the Extraterritorial
Property. The Water Supply Payment requirement is in addition to
and separate from the Water Capacity Fee requirement, which funds
the City's capacity related costs for delivering potable water to the
Applicant's Extraterritorial Property.
The Applicant agrees to pay the Water Supply Payment no later than
thirty days after the Effective Date of this Agreement.
11. No Water Rights Created or Transferred. Nothing in this Agreement creates,
transfers, or conveys to the Applicant any property right, water right, or any
other right not expressly set forth herein.
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12. Maintenance and Re air. The Applicant shall be responsible for operation,
maintenance, repair, and replacement of all components of the Private
Portion of the water system and sewer system beyond the City's Point of
Service. Under no circumstances shall the City be required or accountable
to maintain, repair, or replace the Private Portion of the water system or
sewer system unless and until the City may, at its sole discretion and option,
accept dedication of the water system or sewer system, or any portion
thereof in increments or otherwise, at some future date. The Applicant's
obligation to maintain, repair, and replace the Private Portion of the water
system and sewer system shall include, without limitation, any operation
and maintenance, repair, replacement, or modification of the Private Portion
of the water system and sewer system as may be required by the City.
Should the Applicant fail to operate, maintain, repair, and replace the
Private Portion of water system or sewer system as needed for proper
operation of the Public Portion, the City shall have the right, but not the
obligation, to stop providing water and sewer service.
a. Leak Repairs. The Applicant shall respond to and repair leaks,
breaks, or overflows caused by unforeseen conditions or damage to
any Private Portion receiving water and sewer service from the City,
including those caused by the Applicant, other parties, or acts of
God. As part of its duty to maintain such Private Portion, the
Applicant shall promptly repair all leaks, breaks, and overflows, no
matter how said leaks, breaks, or overflows may be caused at its sole
cost and expense, except that the City shall be responsible for any
leaks, breaks, or overflows caused by the City or any contractors or
agents acting on behalf of the City. The Applicant acknowledges
unrepaired leaks, breaks, and overflows of wastewater may cause
property damage, and adversely impact public health, safety, and
welfare. If the Applicant fails to promptly repair all leaks, breaks, and
overflows, the City, at its sole discretion, may stop providing water
and/or sewer service as may be applicable. Thereafter, the City shall
have no obligation to provide water and/or sewer service until the
Applicant repairs the leaks, breaks, or overflows to the Private
Portion.
b. Right to Inspect Water and Sewer System. The City shall have the
right to inspect and examine the Public Portion at any time, including
during construction and operation of the water system and sewer
system. The City shall follow the Applicant's visitor policy, attached
here as Exhibit D, when entering the Project Property..
C. Right to Access and Inspect Water Meters. The City shall have the
right of entry to access and inspect all water meters for compliance
with American Water Works Association (AWWA) standards,
whether located on the Private or Public Portions. The City shall
follow the Applicant's visitor policy, attached here as Exhibit D, when
entering the Project Property.
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13. Exclusive Use of Private Portion. The Private Portion is for the exclusive
use of the Applicant on the Extraterritorial Property. After connection to the
Public Portion, the Applicant shall not permit the Private Portion to be used,
either directly or indirectly, to provide water service or sewer service to any
other property regardless of whether the other property is owned by the
Applicant or a third party.
14. Reduction of Propertv Water Consumption. To the extent possible, the
Applicant shall implement efforts to reduce water consumption. Efforts
would include use of low-flow fixtures, consideration for areas of artificial
turf, use of xeriscaping landscapes, and public awareness on water
conservation measures. The Applicant shall, at all times, comply with all
applicable local and state mandated water conservation measures and be
subject to fines and penalties as allowed by law. The Applicant shall be
subject to the City's water regulations including water conservation
requirements, watering schedules, fines, and penalties.
15. Construction of Public Water and Sewer Facilities. All public water and
sewer facilities shall be constructed in accordance with the City's Public
Works Department's Standard Specifications, as may be amended from
time to time.
B. Additional Provisions. The following provisions shall apply to this entire Agreement:
1. Develo ment Impact Fee Program. The Applicant has agreed to participate
in the City's Development Impact Fee Program and has paid the applicable
fees as set forth in Exhibit B hereto based on information and designs
provided to the City by the Applicant.
a. Payment of Fees. The Parties acknowledge that the Applicant paid
the applicable Development Impact Fees on August 23, 2019, as
specified in Exhibit B.
b. Credit from Fee Payment. The Applicant shall receive cost
reimbursement in the form of fee credit based on the estimated cost
of eligible improvements in accordance with the City's fee
reimbursement programs. Actual fee credit and reimbursement shall
be based upon the Applicant's submission of invoiced project costs.
Fee credit shall be reconciled upon the Applicant's submission.
C. Eligible Development Impact Fee Cost Reimbursement. The
following work is eligible for reimbursement from the City's
Development Impact Fee Program:
i. Traffic Signal Improvements. The new traffic signal at Shields
and Locan Avenues is eligible for reimbursement (or fee
credit) from the Traffic Signal Mitigation Impact Fee Program.
New signal poles and other signal related equipment must be
at the ultimate location to be eligible for reimbursement.
ii. Locan Avenue Improvements. Street widening on Locan
Avenue is eligible for reimbursement (or fee credit) from the
New Growth Street Fee Program. The new sidewalks,
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streetlights, power line underground conversion, and the
HAWK traffic signal are not eligible for reimbursement.
iii. Right-of-Way. Land dedicated by the Applicant for street right-
of-way is not eligible for reimbursement. Any property that is
acquired from landowners that are not associated with the
Project is eligible for reimbursement from the New Growth
Street Fee Program. The amount of reimbursement is limited
to the appraised value of the land. Any monies paid to the
landowners that exceed the appraised value will not be
reimbursed.
d. Reimbursement Priority. All reimbursements to the Applicant from
the City's Development Impact Fee Program are subject to the
availability of funds. Reimbursements are paid in accordance with
the Fresno Municipal Code. The Applicant will be reimbursed once
all eligible projects with reimbursement priority are repaid.
2. Offsite Improvements.As a condition of extending water and sewer facilities
to the Extraterritorial Property, the Applicant shall complete offsite
improvements as follows:
a. Offsite Improvements to be Competed Prior to Occu anc . The
Applicant agrees to and shall complete all of the improvements set
forth in Exhibit A hereto (the Offsite Improvements) prior to
occupancy at the Project site. The Applicant acknowledges that the
Offsite Improvements are necessary to ensure the safety and welfare
of its students, teachers, parents, the citizens of the City of Fresno,
and the general public at large and to mitigate impacts arising from
the Project. For the purpose of this Subsection, "occupancy" means
the Project site is occupied by students for school purposes.
b. Condition Precedent. Connection of the Extraterritorial Property to
the City's public water and sewer systems is conditioned upon all
Offsite Improvements (whether within the City's right-of-way or on the
Extraterritorial Property) being complete and approved by all
applicable entities prior to occupancy of the Project site. The
Applicant acknowledges approval by the County of Fresno or other
public agencies may be required for such improvements, and such
approval will not supplant the requirement for approval by the City.
C. Performance Standards. Offsite Improvements shall be installed in
compliance with the latest edition of the standard specifications and
drawings of the City at the time of the issuance of a street work
permit, including details therewith and amendments thereto. In the
event there are no standard specifications of the City for this work
and Improvements, such performance and installation shall be in
accordance with the latest standards and specifications of the State
of California, Department of Transportation, if applicable. The
Applicant shall install the Offsite Improvements under the
supervision of the Public Works Director and the Director of Public
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Utilities, as appropriate. Work shall be inspected under the direction
of the Public Works Director as such work progresses.
d. Performance Security. No performance security shall be required.
e. Eight-of-Way Ac uisition and Dedication. The Applicant is
responsible for acquiring and/or dedicating all right-of-way necessary
for Offsite Improvements and related work to be completed
hereunder as well as irrevocable offers of dedicating for future right-
of-way and public easements as set forth in Exhibit A. The Applicant
shall keep all real property interests subject to an irrevocable offer of
dedication free from encumbrances and shall not allow any third-
party facilities to be installed therein without the express written
consent of the City.
f. Improvement Cost Obligation. All Offsite Improvements shall be
installed at the sole cost and expense of the Applicant. For purposes
of this Agreement, "installation" shall include designing, engineering,
inspecting, testing, surveying, staking, constructing, installing, and
the payment of all applicable fees as required by the Fresno
Municipal Code in relation to the Offsite Improvements. If the
Applicant fails to timely complete the Offsite Improvements, the City
may elect to install such Offsite Improvements to protect the public
safety and welfare and the Applicant agrees that it shall be fully
responsible for all costs incurred by the City in connection with
completion of the Improvements. A final accounting of such costs
shall be sent to the Applicant by the Director of Public Works and
shall be payable within thirty days of such date. If the Applicant does
not pay the costs in full within thirty days after the date the Director
mails' notice of such costs, interest shall accrue on the unpaid
balance at the maximum legal rate from the date the accounting of
costs was confirmed. The remedy provided in this paragraph shall
be in addition to and without limitation on any other rights or remedies
that may be available to the City.
g. Ownership of Offsite Improvements. Unless otherwise provided
herein, the City shall own all Offsite Improvements located within
public rights-of-way and accepted by the City and the Applicant shall
own all Offsite Improvements located on the Extraterritorial Property.
Upon annexation of the Extraterritorial Property, the Applicant shall
promptly transfer such Offsite Improvements together with required
rights-of-way and public easements subject to irrevocable offers of
dedication as set forth in Exhibit A, to the City, subject to the City's
acceptance. Acceptance of Offsite Improvements by the City shall
be subject to City inspection of such improvements at the Applicant's
sole cost. The Applicant shall repair, rehabilitate, and otherwise bring
such improvements into compliance with City Standards prior to
acceptance upon annexation.
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h. Maintenance of Offsite Improvements on Extraterritorial Pro pert .
The Applicant shall maintain all Offsite Improvements located in the
Extraterritorial Property in accordance with City standards for such
improvements and subject to periodic inspection by the City. The
Applicant shall be responsible for the costs of inspections,
maintenance, and repairs of such Offsite Improvements until such
time that the Extraterritorial Property is annexed into the City and the
Offsite Improvements, together with required rights-of-way and
easements subject to irrevocable offers of dedication, are accepted
by the City.
i. Liability Related to Extraterritorial Pra a To the fullest extent
permitted by law, the Applicant agrees to be solely responsible for
any and all injuries, damages, and claims to persons or property
arising out of its use of the Extraterritorial Property, including any
claims related to the Applicant-owned Offsite Improvements located
thereon. The Applicant agrees to defend, hold harmless, and
indemnify the City, its directors, officers, employees, or authorized
volunteers against any and all such injuries, damages, and claims.
This indemnification shall not be restricted to any insurance
proceeds.
j. Applicant's Additional Obligations. As a part of the obligation of the
Applicant, the City shall be entitled to costs and reasonable
expenses and fees, including reasonable attorney's fees, which may
be incurred in successfully enforcing this Agreement against the
Applicant.
3. Continuing Obligations and Responsibilities of the Applicant. The Applicant
agrees to promptly pay to the City any and all fees for any water or sewer
service supplied by the City to the Applicant. All fees listed in the City's
Master Fee Schedule are regularly updated and amended from time to time
by the City's Council. The Applicant is responsible to pay the fees and rates
as set forth by the Master Fee Schedule, unless otherwise specified in
Sections A (6) and A (10) of this Agreement. The Applicant agrees to
maintain its water and sewer service accounts with the City in a current
status. The Applicant acknowledges and agrees that should its utility
account with the City become sixty days delinquent, the City shall have the
right, at the City's sole option, after written notice to the Applicant, to
discontinue water and sewer service to the Extraterritorial Property.
4. No Opposition to Annexation of Property. The Applicant agrees not to
oppose, protest, or otherwise object to any proceeding involving the City's
annexation of the Property in the future, no matter whether such proceeding
is before LAFCo, the Council of the City of Fresno, or any other legislative
body, board, or commission. The Applicant understands and agrees that
this Agreement and the covenants contained herein are intended to be and
shall act as a complete and irrevocable waiver of all such protest rights,
whether or not such protest rights are sought to be exercised either as
Owners of the Property, which is the subject of the annexation proceedings,
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or as a registered voter residing on the Property which is the subject of the
annexation proceedings. The Applicant shall not be responsible for any
charges or fees associated with or related to annexation proceedings solely
due to the fact that the Property is part of an area proposed for annexation
by the City. However, if the Applicant proposes a development for
annexation by the City, whether or not including the Property, the Applicant
may be subject to charges and fees associated with or related to such
annexation proceedings, and nothing in the Agreement shall operate
otherwise.
The Applicant further agrees that in the event they or any other person or
legal entity hereafter succeeding the Applicant's interest in and to the
Property or a part thereof seeks to protest the annexation contrary to and in
breach of the provisions of this Agreement, the City shall be entitled to take
the following actions:
a. In the event a protest to the annexation is filed with the City, such
protest shall be null and void and shall be disregarded by the City in
determining the value of all protests to such annexation.
b. In the event a protest to the annexation is filed with LAFCo or any
other board or commission, this Agreement shall act as a complete
bar to the acceptance and consideration of such protest by LAFCo
or other board or commission at such time as the City files a copy of
this Agreement with LAFCo or other board or commission.
5. Covenants Runninq with the Land. The Applicant acknowledges and agrees
the covenants, agreements, promises, representations, and warranties set
forth in this Agreement will be covenants running with the Extraterritorial
Property as defined in the applicable provisions of Sections 1457 et seq. of
the California Civil Code. The Applicant's covenants, agreements,
promises, representations, and warranties as contained in this Agreement,
shall burden the Applicant's successors and assigns and all parties and
persons claiming under them. Within thirty days of execution by the last
party to sign this Agreement, the Applicant agrees to record a copy of this
Agreement as a covenant running with the land.
6. 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. The Applicant may not assign
its rights and/or obligations under this Agreement without the prior written
consent of the City, which consent shall not be unreasonably withheld. Any
such consent by the City shall not, in any way, relieve the Applicant of its
obligations and responsibilities under this Agreement.
7. Notice. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly
given if delivered personally, transmitted by facsimile followed by telephone
confirmation of receipt, or sent by United States registered or certified mail,
with postage prepaid, return receipt requested, addressed to the party to
which notice is to be given at the party's address set forth on the signature
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page of this Agreement or at such other address as the parties may from
time to time designate by written notice. Notice served by United States mail
in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
8. Binding. Subject to Sections B (6) and (14) of this Agreement, once this
Agreement is signed by all parties and ratified by the Applicant's Governing
Board and (if required) the City's City Council, shall be binding upon, and
shall inure to the benefit of, all parties, and each parties' respective heirs,
successors, assigns, transferees, agents, servants, employees, and
representatives.
9. Compliance_ with Law. In providing the services required under this
Agreement, the Applicant shall at all times, comply with all applicable laws
of the United States, the State of California, and the City, and with all
applicable regulations promulgated by federal, state, regional, or local
administrative and regulatory agencies, now in force and as they may be
enacted, issued, or amended during the term of this Agreement.
10. Waiver. The waiver by either party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of either the same or a different provision of this
Agreement. No provisions of this Agreement may be waived unless in
writing and signed by all parties to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision
herein.
11. Indemnification. To the furthest extent allowed by law, the Applicant, and
any contractor they should hire, shall indemnify, hold harmless and defend
the City and each of its officers, officials, employees, agents, and volunteers
from any and all loss, liability, fines, penalties, forfeitures, costs and
damages (whether in contract, tort or strict liability, including but not limited
to personal injury, death at any time and property damage) incurred by the
City, the Applicant, their contractor or any other person, and from any and
all claims, demands, liabilities, damages and actions in law or equity
(including attorney's fees and litigation expenses), arising or alleged to have
arisen directly or indirectly out of the performance of this Agreement, and
the performance of any or all work to be done in and upon the street rights-
of-way or within the Applicant's property boundary, and premises adjacent
thereto, pursuant to this Agreement, or arising or alleged to have arisen
directly or indirectly in any way related to the construction, installation and
operation of the new supply pipeline or its appurtenances by anyone
occupying any portion of the Applicant's property including, without
limitation, any such claims, causes of action, damages, liabilities, fees,
costs, expenses, and attorney fees arising from water quality compliance, a
lack of volume of water, inadequate fire flow, lack of water pressure in, from
or delivered to the new water supply pipeline, or lack of flow capacity in the
new water supply pipeline. The Applicant and their contractors' obligations
under the preceding sentence shall apply regardless of whether the City or
any of its officers, officials, boards, employees, agents, or volunteers are
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passively negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused by the active or sole negligence, or
the willful misconduct, of the City or any of its officers, officials, employees,
agents, or volunteers.
In the event of a claim, demand, action in law or equity arising out of the
sole negligence of the City or the City's breach of this Agreement, the City
shall indemnify, hold harmless and defend the Applicant and each of its
officers, officials, employees, agents, and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in
contract, tort or strict liability, including but not limited to personal injury,
death at any time and property damage) incurred by the Applicant, provided
nothing herein shall constitute a waiver by the City of governmental
immunities including California Government Code section 810 et seq.
This section shall survive termination or expiration of this Agreement.
12. Insurance. The Applicant shall meet the obligations as required in Exhibit C
and Contractors constructing Offsite Improvements on behalf of the
Applicant, within the public utility easement, some other City easement, or
within the City right-of-way, shall be required to maintain in full force all
insurance policies pursuant to the City's insurance requirements and
policies at the time of permit issuance and prior to commencement of any
work within a City easement or right-of-way.
13. Time of the Essence. Time is of the essence of this Agreement.
14. Assignment. The Applicant shall make no assignment of this Agreement or
of any duty or obligation of performance hereunder, in whole or in part,
without the prior written consent of the City, which shall not be unreasonably
withheld.
15. Public Health Safety, and Welfare. Nothing contained in this Agreement
shall limit the City's authority to exercise its police powers, governmental
authority or take other appropriate actions to address threats to public
health, safety, and welfare, including temporarily suspending water services
as deemed appropriate by the City in its sole determination and discretion.
1& Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of
California, excluding, however, any conflict of laws rule which would apply
the law of another jurisdiction. Venue for purposes of the filing of any action
regarding the enforcement or interpretation of this Agreement and any rights
and duties hereunder shall be Fresno County, California.
17. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain,
modify, or add to the interpretation or meaning of the provisions of this
Agreement.
18. Sever-ability. The provisions of this Agreement are severable. The invalidity
or unenforceability of any one provision in this Agreement shall not affect
the other provisions.
Page 12 of 14
19. Interpretation. The parties acknowledge that this Agreement in its final form
is the result of the combined efforts of the parties and that, should any
provisions of this Agreement be found to be ambiguous in any way, such
ambiguity shall not be resolved by construing this Agreement in favor of or
against either party, but rather by construing the terms in accordance with
their generally accepted meaning.
20. Attorney's Fees. If either party is required to commence any proceeding or
legal action to enforce or interpret any term, covenant or condition of this
Agreement, the prevailing party in such proceedings or action shall be
entitled to recover from the other party its reasonable attorney's fees and
legal expenses.
21. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
reference, incorporated into and made a part of this Agreement.
22. Precedence of Documents. In the event of any conflict between the body of
this Agreement and any Exhibit or Attachment hereto, the terms and
conditions of the body of this Agreement shall control and take precedence
over the terms and conditions expressed within any Exhibit or Attachment
hereto which purport to modify the allocation of risk between the parties,
provided for within the body of this Agreement, shall be null and void.
23. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other
remedies at law or in equity.
24. No Third-PaLty Benefits. The rights, interests, duties, and obligations
defined within this Agreement are intended for the specific parties hereto as
identified in the preamble of this Agreement. Notwithstanding anything
stated to the contrary in this Agreement, it is not intended that any rights or
interests in this Agreement benefit or flow to the interest of any third parties.
25. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents
the entire and integrated agreement between the parties with respect to the
subject matter hereof and supersedes all prior negotiations,
representations, or agreements, either written or oral. This Agreement may
be modified only by written agreement duly authorized and executed by
both the City and the Applicant.
26, The City Manager, or designee, is hereby authorized and directed to
execute and implement this Agreement.
[Signatures follow on the next page.]
Page 13 of 14
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO, CLOVIS UNIFIED SCHOOL DISTRICT,
A Californian municipal corpor ion A California public school district
By: /��. By. Al
Brock D. Buche, PE, PLS
Director Name: Michael Johnston
Department of Public Utilities
Title: Associate Superintendent. Admin
APPROVED AS TO FORM: Services.
ANDREW JANZ (If corporation or LLC., Board Chair,
CitAne Pres. or Vice Pres.)
By: I �`x By:
uintanilla Date
puy City Attorney Name:
ATTEST: Title:
TODD STER.MER, CMC (If corporation or LLC., CFO, Treasurer,
City Clerk Secretary or Assistant Secretary)
By;
Deputy V_ n Date
Addresses:
CITY: APPLICANT:
City of Fresno Clovis Unified School District
Attention: Director of Public Utilities Attention: Michael Johnston
Department of Public Utilities Associate Superintendent, Admin
1626 E Street Services
Fresno, CA 93706 1450 Herndon Ave
Clovis, CA 93611
Phone: 559-327-9000
FAX: 559-327-9129
Attachments:
1. Exhibit A— Offsite Improvements — Infrastructure
3. Exhibit B — Development Impact Fees Invoice
4. Exhibit C — Insurance Requirements
4. Exhibit D —APPLICANT'S School Visitor Policy
Page 14 of 14
CLERK'S CERTIFICATION
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
State of California }
County of Fresno }
On February 26, 2024 before me, Ma Quinn Deputy Ci Clerk, personally appeared, Brock
D. Buche Director Department of Public Utilities City of Fresno , who proved to me on the basis
of satisfactory evidence, to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal ,�of FR��y
a
TODD STERMER, CIVIC
City Clerk, City of Fresno
By
Mary Quinn erk
�.. . .
�..
.. �
ti �
. y
7'
City of
SUBJECT: Exhibit A
Conditions of Approval
DATE: May 15, 2018
TO: Clovis Unified
FROM: Public Works Department
APN's: 310-230-24 and 310-230-34 ADDRESS: 3202 North Locan Avenue
ATTENTION:
The items below require a separate process with additional fees and timelines. Submit the
following items early to avoid delaying sewer and water connections. Final approval of the site
plan is contingent on receipt of all items checked below.
To be completed: Point of Department and Contact
Contact Information
Provide a copy of a cross access agreement
or a lot merger prior to the connection of City Clovis
X water and sewer facilities. Unified
Traffic Impact Study(TIS)A TIS is required Jill Public Works Department
X to determine traffic impacts.Additional Gormley (559)621-8792
conditions may result from the study. Jill.Gormley@fresno.gov
Deeds and Irrevocable Offers of
Dedication(up to 2 month processing
time)
Deeds are required to provide easements to Public Works Department
X the City for required public improvements. Jeff Beck (559)621-8560
They shall be prepared by the owner/ Jeff.Beck@fresno.gov
developer's engineer. Executed copies shall
be submitted to the City with verification of
ownership prior to the connection of City
water and sewer facilities.
Obtain the additional right of way needed
outside of the limits of the school prior to the Clovis
X connection of City water and sewer facilities. Unified
(1 'IN on Jewel and Cortland, see future rlw
sections B-B and C-C)
Page 1 of 6
5/15=18
Emit A_coritiom or Approval CUSD-Loan&E.ShWds Ave 5_15 18.doc
PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and
proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not
addressed due to omission or misrepresentation of information, on which this review process is
dependent,will be imposed whenever such conditions are disclosed.
Repair all damaged and/or off grade off-site concrete street improvements as determined by the
City of Fresno Public Works Department, Construction Management Division, (559) 621-5600.
Pedestrian paths of travel must also meet current accessibility regulations.
Underground all existing off-site overhead utilities within the limits of this site/map as per FMC
Section 15-4114.
The construction of any overhead, surface or sub-surface structures and appurtenances in the
public right of way is prohibited unless an encroachment permit is approved by the City of Fresno
Public Works Department, Traffic and Engineering Services Division, (559) 621-8693.
Encroachment permits must be approved Drior to water and sewer connection.
Locan Avenue:Collector
1. Dedication Requirements
a. Dedicate 34' of property, from section line, for public street Purposes, within the
Ilm_Fts_of this application and continue north across APN's 310-230-33. 310-230-
27 and 310-901-19, per Public Works Standards for Collector streets. (Match to the
north.)
b. Dedicate a comer cut for public street purposes at all intersections.
2. Construction Requirements:
a. Construct 20' of permanent paving per Public Works Standard P-50,within the limits of
this application and transition paving as necessary.
b. Construct driveway approaches to Public Works Standards P-2,P4, P-76 and/or
P-77, as approved on the site plan. For proposed approaches shown as P-76 and/or
P-77,this is a tentative approval until such time that a qualified Civil Engineer prepares
street plans that provide the sufficient cross drainage approved by the City Engineer in
accordance with Public Works Standard P-10. If grades are not sufficient, construct to
Public Works Standards P-2 and P-6. Provide 10' of red curbing (3 coats) on both
sides of the proposed driveway approaches. Construct a concrete pedestrian
walkway behind all driveway approaches. Provide a 12' visibility triangle at all
driveways, per Fresno Municipal Code(FMC) 15-2018B.
c. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5 along the
project frontage and continue north across APN's 310-230-33, 310-230-27 and
310-901-19. The curb shall be constructed to a 10' commercial pattern. Construct 4'
x 6'tree wells per Public Works Standard P-8. Planting of street trees shall conform to
the minimum spacing guidelines as stated In the Standard Specification, Section 26-
2.11(C).
d. Construct an underground street lighting system to Public Works Standard E4 within
the limits of this application. Spacing and design shall conform to Public Works
Standard E-8 for Collectors.
e. Construct standard curb ramps per Public Works Standard P-28, based on a 20'
radius.
Page 2 of 6
�f�zofs
ExhiNt A ConxlIllons of Approval CUSD-Locan&E.Shields Ave 5 $ o.doe
f. Locan and Cortland:Construct a High Intensity Activated CrossWalk per approved engineered
street plans. Exact location to be determined with approved plans.
Cortland Ali nment: local(private): Improvements re uired on both sides
1. Dedication Requirements
a. Provide a 57' irrevocable offer of 4edig.4tion along the Cortland Avenue alignment
for future public street purposes, within the limits of this application, per Public Worsts
Standard P-55, P-56. Centerline shall be aligned with the existing alignment of
Cortland on the west side of Locan.
b. Provide an additional 3' irrevocable offer of dedication for pedestrian purposes behind
all driveway approaches.
c. Provide an irrevocable offer of dedication at the comers for public street purposes at
the all intersections for accessible ramps.
2. Construction Requirements:
a. Construct 3G' of permanent paving per Public Works Standard P-50,within the limits of
this application and transition paving as necessary.
b. Construct driveway approaches to Public Works Standards P-4,P-6, P-76 and/or
P 77, as approved on the site plan. For proposed approaches shown as P-76 and/or
P-77, this is a tentative approval until such time that a qualified Civil Engineer prepares
street plans that provide the sufficient cross drainage approved by the City Engineer in
accordance with Public Works Standard P-10. If grades are not sufficient, construct to
Public Works Standards P-2 and P-G. Provide 10" of red curbing (3 coats) on both
sides of the proposed driveway approaches. Construct a concrete pedestrian
walkway behind all driveway approaches. Provide a 12' visibility triangle at all
driveways, per Fresno Municipal Code (FMC) 15-2018B.
c. Construct concrete curb, gutter and sidewalk to Public Works Standard P4. The curb
shall be constructed to a 7' commercial pattern. Planting of street trees shall conform
to the minimum spacing guidelines as stated in the Standard Specification, Section 26-
2.11(C).
d. Construct an underground street lighting system to Public Works Standard E-2 within
the limits of this application. Spacing and design shall conform to Public Works
Standard E-9 for Locals.
e. Construct standard curb ramps per Public Works Standard P-26, based on a 20'
radius.
f. Provide signage identifying the Cortland alignment as a"Private Street".
Jewel All nment: local riv to Im ovements re uired on both sides
1. Dedication Requirements
a. Provide a 60'-57' irrevocable offer of dedication along the Jewel Avenue alignment,
for future public street purposes, wrkhin the limits of this application, per Public Worsts
Standard P-56. Centerline shall line up with the existing street to the north of this
project. Transition from 50'-57' as approved on the plans.
b. Provide an additional 3' irrevocable offer of dedication for pedestrian purposes behind
all driveway approaches.
c. Provide an irrevocable offer of dedication at the comers for public street purposes at
the all intersections for accessible ramps.
2. Construction Requirements:
a. Construct 36' of permanent paving per Public Works Standard P-50,within the limits of
this application and transition paving as necessary.
Page 3 of 6
&1&2ola
Exhibit A Conditions of Approval CUSo-Loan&E.Melds Ave 5_15_18.doc
b. Construct driveway approaches to Public Works Standards P-4, P-6, P-76 and/or
P-77, as approved on the site plan. For proposed approaches shown as P-76 and/or
P-77,this is a tentative approval until such time that a qualified Civil Engineer prepares
street plans that provide the sufficient cross drainage approved by the City Engineer in
accordance with Public Works Standard P-10. If grades are not sufficient, construct to
Public Works Standards P-2 and P-6. Provide 10' of red curbing (3 coats) on both
sides of the proposed driveway approaches. Construct a concrete pedestrian
walkway behind all driveway approaches. Provide a 12' visibility triangle at all
driveways, per Fresno Municipal Code(FMC) 15-2018B.
c. Construct concrete curb, gutter and sidewalk to Public Works Standard P-6. The curb
shall be constructed to a 7' commercial pattern. Planting of street trees shall conform
to the minimum spacing guidelines as stated in the Standard Specification,Section 28-
2.11(C).
d. Construct an underground street lighting system to Public Works Standard E-2 within
the limits of this application. Spacing and design shall conform to Public Works
Standard E-9 for Locals.
e. Construct standard curb ramps per Public Works Standard P-28, based on a 20'
radius.
f. Provide signage identifying the Cortland alignment as a"Private Street'.
Street Construction Plans are required and shall be approved by the City Engineer. All
improvements shall be constructed in accordance with the City of Fresno, Public Works
Department Standard Drawings and Specifications. The performance of any work within the
public street right of way(including pedestrian and utility easements) requires a STREET WORK
PERMIT prior to commencement of work. When preparing Street Plans and/or Traffic Control
Plans, contact (Randy Schrey) at (559) 621-8807, 10 working days in advance, to make sure
that sidewalks or an approved accessible path remain open during construction. Submit
construction plans for all required work, in a single package, to the City of Fresno's, Traffic and
Engineering Services Division. All work shall be reviewed, approved, completed, and accepted
ps€or to obtaining a certificate of occupancy. Utility poles, street lights, signals, etc. shall be
rekmated as determined by the City Engineer. Dedications shall be sufficient to accommodate
additional paving and any other grading or transitions as necessary based on a 45 MPH design
speed for Collectors.
Two working days before commencing excavation operations within the street right of way and/or
utility easements, all existing underground facilities shall have been located by Underground
Services Alert(USA) Call 811.
All survey monuments within the area of construction shall be preserved or reset by a person
licensed to practice Land Surveying in the State of California.
PRIVATE IMPROVEMENT REQUIREMENTS
Off-Street Parking Facilities and Geometries
1. Off-Street parking facilities and geometries shall conform to the City of Fresno Public
Works Department, Parking Manual and Standard Drawings P-21, P-22, P-23.
2. Install 30" state standard "STOP" signs if driveway approaches are proposed along
Locan. Signs shall be mounted on a 2"galvanized post with the bottom of the lowest sign
7'above ground, located behind curb and immediately behind a major street sidewalk.
3. Parking: Provide parking space needs, circulation, access, directional signs (e.g.
"Entrance,""Exit,""Right Turn Only,""One Way"signs,etc.)as applicable. No obstructions
shall be within the 3'vehicular overhang.
Page 4 of 6
SM2018
EdtiM A Conditions of Approval CUSD-Locan&E Melds Ave 5_1 5_18.doe
4. Gates: Provide a minimum of 20' from the all proposed gates to the back of walk, for
vehicle stacking.
5. When no masonry wall is required, wheel stops in the form of a 6" high concrete curb or
other approved fixed banner, placed a minimum distance of 3'from the property line,or the
building to be protected,shall be installed.
Private Irrigation Pipe: (located along the eastern boundary) All piping shall be located
outside of the proposed street right of way. Any piping across city streets shall be rubber
gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Identify on
site plan.
Traffic Si nal Mitigation Impact TSMI Fee: This project shall pay all applicable TSMI Fees at
the time of water and sewer connection. Contact the Public Works Department, Frank Saburk
at(559)621-8797.The fees are based on the trip generation rates as set forth in the latest edition
of the ITE Generation Manual.
TSMI fee is credited against traffic signal and Intelligent Transportation System (ITS)
improvements, provided that the improvements are; constructed at ultimate locations, contained
within the build out of the General Plan circulation element and are included in the latest Nexus
Analysis for TSMI fee. Project specific impacts that are not consistent with the General Plan,
Public Woks Standard Drawings or not incorporated in the TSMI fee infrastructure costs, are not
reimbursable unless the City Engineer and City Traffic Engineer include the new traffic signal
andlor ITS improvements in the next update; upon the inclusion of the added infrastructure, the
applicant shall agree to pay the newly calculated TSMI fee that includes the new infrastructure.
Failure to pay this fee or construct improvements that are credited 1 reimbursable with this fee will
result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere
of Influence. If the applicant is conditioned with improvements that are credited 1 reimbursable
with this fee, they should work with the Department of Public Works and identify, with a
Professional Engineer's estimate, the costs associated with the improvements, prior to paying the
TSMI fee at time of water and sewer connection.
TSMI Requirements:
1. The intersection of Locan and Shields shall be signalized to the City of Fresno Standards,
complete with left turn phasing, actuation and signal pre-emption. This work is eligible for
reimbursement andlor credit against Traffic Signal Mitigation Impact Fees. The applicant
shall design the traffic signal and obtain City approval of the plans prior to water and
sewer connection.
Fresno Malor Street Impact FIVISI Fees:This entitlement is in the New Growth Area; therefore
pay all applicable growth area fees and City-wide regional street impact fees_ Contact the Public
Works Department, Frank SaburR at(559)621-8797.
FMSI Requirements:
THE FMSI REQUIREMENTS ARE REQUIRED TO BE CONSTRUCTED PRIOR TO
OCCUPANCY.
Locan Avenue: Collector
1. Where not existing, Medicate and construct (1) 12' northbound travel land and a 5'
shoulder along with a 2-way left turn lane within the limits of this application. Dedication
Page 5 of 6
5115=18
Exhibit A_Cerdftm of Approval CUSD-Locan&F-Shlalds Ave 5 15_18.doe
shall be sufficient to accommodate additional paving and any other grading or transitions
as necessary based on a 45 MPH design speed.
2. Dedicate and construct (2) 17' center section travel lanes and a two-way left turn lane,
from xx to xx. Stripe 250' left turn pockets at all major intersections. Frontage
Improvements required beyond the limits of this application: 2025 General Plan Policy
numbers E-1-c, E-1-j, E-1-n.
Regional Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint
Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext.
200;www.fresnocog.org. Provide proof of payment or exemption Dri r to issuance of certificate of
occupancy.
Questions relative to these conditions may be directed to Leonor Ayala at(559)621-8806 or
I_eanot.Ayala{�fresna.gny / Louise Gilio at (559)621-8678 or Louise.GiliaCa]fresno.aov in the
Public Works Department,Traffic Planning Section.
Page 6 of 6
5115/2018
Exhibit A_Corxl"m or Approval CUSD-Lem&E.Shields Ave 6_15_16.doc
Exhibit B
Development Impact Fees Due
Clovis Unified School District(APPLICANT)
99
CITY OF FRESNO DEVELOPMENT AND IMPACT FEE ESTIMATE
The following estimates are based on preliminary conceptual Information.The exact tee obligation will be computed at the time
of development by the Public Works Department,Land Division 8 Engineering.The fee rates In effect at the time of development
shall apply.
Proposed Development: Clovis Unified Elementary-NEC N.Locan&E.Shields Avenues
A.P.N. 310-230-24,34
Planned Land Use: Low-Density Residential
Site Area: +1-25 acres
Living Units I LUE: 75 LUX-
Building Area: Elementary School:56,000 sq.fL
Estimafe Date: May 8,2018
'WATER CONNECTION CHARGES
Service Area Quantity Units Fee Rate Amount Due Nobs
Water Service 5 Meter Charge 4" 1 EA. $19.600.00 S19.800.00 1
Irri atlon Water Service it Meter Cha a 40 1 EA. $19.600.00 $19.600.00 1 6
Fro Charge520 LF. SS-50 $3,380.00
Water G Fee 4- 1 EA. M.538.00 S26,538.00 1 6
Water G Fee 4" 1 EA. $26 538.00 S26.538.0D 1 6
Total Water Connecaon Charm $DS,656.00
SEWER CONNECTION CHARGES
Service Area Quantity Units Fee Rate Amount Due Notes
House Branch Sewer Char EA $0.06
Lateral Saver Charge 52 C00 .Ft. 50.10 $5.200.00 MI
Oversized Sewer Charge UGM 85,000 Sq.FL $0.05 S4.250.00 161191
Fowler Trunk Sewer Interim Fee S urely 75 LU.E. $574.00 $43 050.00161
Wastewater Facilities Charge STEP 131 1314
Trunk Sewer ChaTgei Fowier i STEP 1 1 f3l 1 1315
Total Sewer Connecdon Charges $62 600.flp
CMWIDEIREGIONAL IMPACT FEES
Service Area Quantity Units Fee Rate Amount Due Now
C . Fire Facilities ct Fee EDen1.School 56 000 Ft_ $152.00 $8,512.00
Cilywide Park Facility Imoad Fee SFR n1a Units $3,816,60 we 10
Cbwift Police Facilities lWact Fee Elem.School 56.000 Sq.Ft S297.OD S16.632.00
C e Regional Street Cha a School 5.1423 AC $7.517,00 $39Ae8.g0 6 9
New Growth Area Malor Street Cha School 5.1423 1 AC 1 $20.968.00 s107,823.75 16119
Ckywide Traft Signal Charge Elem.School 788 1 Students I $84.0D S50,432.00 161191
Tatar CitywidajRegtonal Impact Feces $222,668.65
rota/Fees and Cha es $370,724.G3
See notes on page 2 Prepared by Frank 5I8/Z018
Printed 54=18 Page 1
Notes:
Within the City of Fresno's sphere of influence there are other sower and water utility providers. If the project is within one of
those districts, the developer must provide confirmation from the representltive Districts that all conditions for sewer andlor
water connections and services have been satisfied,prior to Issuance of Building Permit.
Outside agencies developer Impact fees. it Is the developers responsibility to contact those agencies for their foe esil mates.
These agencies Include but are not limited to, Fresno County, Council of Fresno County Governments (FLOG), Fresno
Metropolitan Flood Confrol Dlstr►ct(FMFCD),various School Dlsarfats that serve the City of Fresno,etc.
a On July 22,2008,the Fresno County Board of Supervisors passed Ordinance No.2006-023 requiring the payment of County Public;
Impact Facilities kroact Fees. The effective date of this ordinance Is September 20,2008. Con tad the County of Fresno,Publc;Works
and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of
Fresno an issue building permits. For further information regarding the Fresno County Facilities Impact Fees,please contact Fresno
County Department of Public Works&Planning at(559)252-4391.
a The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2000-01
requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution Is January 1.2010. Please contact
the Council of Fresno County Governments(FCOG)at(569)233-4146 to determine this The obligation. Carfinmation by the FCOG Is
required before the City of Fresno can issue budding permits.
■ Payment of Fresno Metropolitan Flood Control District(FMFCD)impact fees may be required. Please contact FMFCD at(559)456-
3292 to determine fee obligation.
■ Payment of applicable school district fees is required prior to issuance of Budding Permit. Please contact the respective school district
to satisfy your In obligation.Conformation by the respective school district Is required before the City of Fresno can issue building permits
(1] Fees for Water Service Connections andfor Meters due at time of development. Charges based on service sizes to be
determined by the Developer.
[21 Sewer House branches to be Installed by Developer at the Developers cost
[3] upon occupancy of the project,the subdivider shell pay the appropriate sewer facility charge pursuant to the Simple Tiered
Equity Program(STEP)as determined by the Department of Public Utilities.Wastewater Division,Environments!Services
Section(559-621-5153).
141 The Wastewater Facilities Charge(W WFC)Is applicable to single family,duplex,and triplex developments.(FMC 6.302(I));
For Condominium conversions, WWFC may stay In the S.T.E.P.if the project continues to be master metered for water. If the
condominiums are individually metered, the developer will pay the pro-rated portion of these fees.
[61 The Trunk Sewer Charge Is applicable to single family,duplex,and triplex developments.(FMC 6,302(9); For Condominium
conversions, Trunk Sewer Charges may stay In the S.T.E.P.If the project continues to be master metered for water. If the
condominiums are individually metered, the developer will pay the prorated portion of these fees.
[6] Due at Building Permit
in Due with Certificate of Occupancy
[>f] Traffic Signal Charge Average Daily Trips(ADre)provided by Traffic Engineering. ADT s[8] 0
Average Daily rdtp credit for replacement of previously existing development
[9] Construction Fee Credits may be applicable. Contact the Public Works Engineering Services Division at(659)621-11116118 for
more Information.
110] Parks fee applicable only to residential developments
[11] Fee not applicable on repi*mnent or reconstruction of an existing stricture that has been destroyed or demolished
provided that the Building Permit for new construction Is obtained within one year after the building Is destroyed or demolished,
and there is no change In the land use designation.(Res.Nos.2005428,429)
[12] Subject to the acceptance date of the vesting tentative map,fee may not be applicable until 2-yeans after the date of Final
Map recordation;when applicable,fee is due at Building Permit for all un-developed lots at the fee rate then In effect.
Prepared and Reviewed By: Frank Saburit Date: December 12,201T 621.1M
City of Fresno Public Works Department
Land Division&Engineering
See notes on page 2 Prepared by Frank 5M018
Printed 5=018 Page 2
Exhibit B CITY OF FRESNO
***CUSTOMER RECEIPT***
Paid
Oper: GABRIELAF Type: DV Drawer:
Date: 8/23/19 Receipt no: 658693
Year Number
Amount
B19-10876
3140 N LOCAN AVE
7
Building
$428445.96
CLOVIS UNIFIED SCHOOL DISTRICT
1450 HERNDON AVE
CLOVIS,CA 93611
327-9000
Tender detail
Check 56-0600176
Amount $428445.96
Total tendered $428445.96
Total payment $428445.96
Trans date: 8/23/19 Time: 14:56:14
City of
Invoice Detail Report
Record Number: B19-10876
Record Information: Miscellaneous Public Works-Sewer, Water, Development Impact Fees& Charges
Address:3140 N LOCAN AVE
APN: 31023024T
Invoice Fee Item Invoice Date Transaction Status Amount Paid Balance Due
Number Amount
547667 Lateral Sewer Charge 08/19/2019 $5200.00 INVOICED $5200.00 $0.00
547667 Oversize Sewer Charge-UGM 08/19/2019 $4250.00 INVOICED $4250.00 $0.00
Service Area
547667 Fowler Trunk Sewer Interim 08/19/2019 $63225.00 INVOICED $63225.00 $0.00
Fee Surety
547667 Frontage Charge 08/19/2019 $3380.00 INVOICED $3380.00 $0.00
547667 Time&Materials-Water Meter 08/19/2019 $9400.00 INVOICED $9400.00 $0.00
-4"
547667 Time&Materials-Water Meter 08/19/2019 $ 11600.00 INVOICED $ 11600.00 $0.00
-6"
547667 Water Capacity-Meter Size 4" 08/19/2019 $28004.00 INVOICED $28004.00 $0.00
547667 Water Capacity-Meter Size 6" 08/19/2019 $56008.00 INVOICED $56008.00 $0.00
547667 Fire Facilities Impact Fee- 08/19/2019 $21224.00 INVOICED $21224.00 $0.00
Citywide
547667 Citywide Regional Street Fee 08/19/2019 $41315.32 INVOICED $41315.32 $0.00
(Residential)
547667 New Growth Area Major Street 08/19/2019 $113727.64 INVOICED $ 113727.64 $0.00
Fee(Residential)
547667 Traffic Signal Charge 08/19/2019 $53584.00 INVOICED $53584.00 $0.00
(Elementary School)
547667 Police Facilities Impact Fee- 08/19/2019 $ 17528.00 INVOICED $ 17528.00 $0.00
Citywide
TOTAL $428,445.96 $428,445.96 $0.00
7/6/2020 9:47:19 AM
EXHIBIT C
INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, APPLICANT shall pay for and maintain in full force
and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the
California Insurance Commissioner to do business in the State of California and rated no less than "A-
VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk
Manager or his/her designee at any time and in his/her sole discretion. The required policies of
insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein.
However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers
as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any
insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, APPLICANT or any of its
subcontractors fail to maintain any required insurance in full force and effect, all services and work
under this Agreement shall be discontinued immediately, and all payments due or that become due to
APPLICANT shall be withheld until notice is received by CITY that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a period satisfactory
to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate
this Agreement. No action taken by CITY pursuant to this section shall in any way relieve APPLICANT
of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall
include, without limitation, notification received by CITY that an insurer has commenced proceedings, or
has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by APPLICANT shall not be deemed to release or
diminish the liability of APPLICANT, including, without limitation, liability under the indemnity provisions
of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by APPLICANT. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of APPLICANT, vendors,
suppliers, invitees, contractors, subcontractors, consultants or anyone employed directly or indirectly by
any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on an
occurrence form and shall provide coverage for "bodily injury," "property damage" and
"personal and advertising injury" with coverage for premises and operations (including
the use of owned and non-owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under "Minimum Limits of
Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing
liability coverage arising out of the ownership, maintenance or use of automobiles in the
course of your business operations. The Automobile Policy shall be written on an
occurrence form and shall provide coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile
EXHIBIT C
coverage is used, the CITY, its officers, officials, employees, agents and volunteers are
to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
MINIMUM LIMITS OF INSURANCE
EXHIBIT C
APPLICANT shall procure and maintain for the duration of the contract, and for 5 years thereafter,
insurance with limits of liability not less than those set forth below. However, insurance limits available to
CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater
of the minimum limits specified herein or the full limit of any insurance proceeds available to the named
insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $5,000,000 per occurrence for bodily injury and property damage;
(ii) $5,000,000 per occurrence for personal and advertising injury;
(iii) $5,000,000 aggregate for products and completed operations; and,
(iv) $5,000,000 general aggregate applying separately to the work performed under
the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
4. POLLUTION LEGAL LIABILITY with coverage for bodily injury, property damage or
pollution clean-up costs that could result from of pollution condition, both sudden and
gradual. Including a discharge of pollutants brought to the work site, a release of pre-
existing pollutants at the site, or other pollution conditions with limits of liability of not less
than the following:
(i) $1,000,000 per occurrence or claim; and,
(ii) $2,000,000 general aggregate per annual policy period.
(a) In the event this Agreement involves the transportation of hazardous material,
either the Commercial Automobile policy or other appropriate insurance policy
shall be endorsed to include Transportation Pollution Liability insurance
EXHIBIT C
covering materials to be transported by APPLICANT pursuant to the
Agreement.
UMBRELLA OR EXCESS INSURANCE
In the event APPLICANT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum
Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the
primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also
apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials,
employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
APPLICANT shall be responsible for payment of any deductibles contained in any insurance policy(ies)
required herein and APPLICANT shall also be responsible for payment of any self-insured retentions.
Any self-insured retentions must be declared on the Certificate of Insurance, and approved by, the
CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her
designee, either:
(i) The insurer shall reduce or eliminate such self-insured retentions as respects CITY, its
officers, officials, employees, agents and volunteers; or
(ii) APPLICANT shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be responsible for the
payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONSIENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice has been given to CITY, except ten (10) days for
nonpayment of premium. APPLICANT is also responsible for providing written notice to
the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or
agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,
APPLICANT shall furnish CITY with a new certificate and applicable endorsements for
such policy(ies). In the event any policy is due to expire during the work to be performed
for CITY, APPLICANT shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen (15) calendar days prior to the
expiration date of the expiring policy.
(ii) The Commercial General, Pollution and Automobile Liability insurance policies shall be
written on an occurrence form.
(iii) The Commercial General, Pollution and Automobile Liability insurance policies shall be
endorsed to name City, its officers, officials, agents, employees and volunteers as an
additional insured. APPLICANT shall establish additional insured status for the City and
for all ongoing and completed operations under both Commercial General and Pollution
Liability policies by use of ISO Forms or an executed manuscript insurance company
endorsement providing additional insured status. The Commercial General
EXHIBIT C
endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or
both CG 20 10 &CG 20 37.
(iv) The Commercial General, Pollution and Automobile Liability insurance shall contain, or
be endorsed to contain, that the APPLICANTS' insurance shall be primary to and require
no contribution from the City. The Commercial General and Pollution Liability policies
are required to include primary and non contributory coverage in favor of the City for both
the ongoing and completed operations coverage. These coverages shall contain no
special limitations on the scope of protection afforded to City, its officers, officials,
employees, agents and volunteers. If APPLICANT maintains higher limits of liability than
the minimums shown above, City requires and shall be entitled to coverage for the
higher limits of liability maintained by APPLICANT.
(v) Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
(vi) For any claims related to this Agreement, APPLICANT'S insurance coverage shall be
primary insurance with respect to the CITY, its officers, officials, agents, employees and
volunteers. Any insurance or self-insurance maintained by the CITY, its officers,
officials, agents, employees and volunteers shall be excess of the APPLICANT'S
insurance and shall not contribute with it.
(vii) The Workers' Compensation insurance policy shall contain, or be endorsed to contain, a
waiver of subrogation as to CITY, its officers, officials, agents, employees and
volunteers.
(viii) The Commercial General, Pollution and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers,
officials, agents, employees and volunteers.
PROVIDING OF DOCUMENTS - APPLICANT shall furnish CITY with all certificate(s) and
applicable endorsements effecting coverage required herein All certificates and applicable
endorsements are to be received and approved by the CITY'S Risk Manager or his/her
designee prior to CITY'S execution of the Agreement and before work commences. All
non-ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, APPLICANT shall immediately furnish CITY
with a complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this Agreement. All
subcontractors working under the direction of APPLICANT shall also be required to provide all
documents noted herein to APPLICANT.
CLAIMS-MADE POLICIES - If any coverage required is written on a claims-made coverage
form:
(i) The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by APPLICANT.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the work or termination of the Agreement, whichever
first occurs.
EXHIBIT C
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the effective date of the Agreement, or work
commencement date, APPLICANT must purchase "extended reporting" period coverage
for a minimum of five (5) years after completion of the work or termination of the
Agreement, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to CITY for review-
(v) These requirements shall survive expiration or termination of the Agreement.
SUBCONTRACTOR - If APPLICANT should subcontract all or any portion of the services to be
performed under this Agreement, APPLICANT shall require each subcontractor to provide insurance
protection in favor of the City of Fresno and it's officers, officials, agents, employees and volunteers in
accordance with the terms of each of the preceding paragraphs, except that the subcontractors'
certificates and endorsements shall be on file with APPLICANT prior to the commencement of any work
by the subcontractor.
Exhibit D
Board Policy No. 9202
CLOVIS UNIFIED
SCHOOL DISTRICT
SCHOOL COMMUNITY RELATIONS
Community Relations
SCHOOL VISITORS
PURPOSE: To establish procedures for school visitors.
The Board welcomes and encourages visits to District school campuses and sites by parents,
other adult residents of the community, and interested educators. However, in order for the
educational program to continue undisturbed when visitors are present, and to prevent the
intrusion of disruptive persons into the schools, it is necessary to invoke visitor controls. The
Superintendent, therefore, shall establish Administrative Regulations that will protect pupils and
employees of the District from disruption to the educational program or the efficient conduct of
their assigned tasks.
Adopted: 7123175
Amended: 1116191
Amended: 4112100 Education Coded sections 32210,32211-32212,35160-35160.1
Amended: 3124104 44810,44811,44901.4
Reviewed: 512107 Penal Code sections 71,243.5,415.5,626.2,626.4,626.7
Reviewed. 1011108 626.8,627.7,653g
Reviewed:11/10/10
Page I of 1
Administrative Regulation No. 9202
CLOVIS UNIFIED
SCHOOL DISTRICT
SCHOOL COMMUNITY RELATIONS
Community Relations
SCHOOL VISITORS
PURPOSE: In order for the educational program to continue undisturbed when visitors are
present, and to prevent the intrusion of disruptive persons into the schools, it
is necessary to invoke visitor controls.
Visitor Registration
Upon arrival at any District school campus or the District Office, visitors, including
parents/guardians, must register with the receptionist or responsible employee and be issued a
temporary ID badge. An exception to this is the attendance of parents and community members
at public school activities open to the general public.
The responsible employee will verify the visitor's business with the District/school site; make
the necessary entries in the visitor's register; issue the appropriate non-photo ID badge, and
instruct the recipient concerning the proper procedures for wearing, using and returning the ID
badge.
Visitor ID badges may not be removed from the issuing site and should not be used to obtain
access to any District site/facility. ID badges are to be returned when the visitor departs the
site/facility.
District staff shall ensure that visitors are guided to the appropriate area where they can be issued
an ID badge. At no time shall a District staff member transact business with a visitor who has
not been issued an ID badge. Visitors may be escorted by District staff for the duration of their
visit at any District school campus or premises.
Contact with Students
A visitor may not contact a student in school without the approval of the principal or designated
representative.
A student is not permitted to leave the school with anyone unless a District staff verifies with the
student's records and obtains identification from the person that the person is the parent or legal
guardian of the student, or is a person authorized by the parent or legal guardian to take the
student from school. The authorization by the parent or legal guardian must be in writing and on
file with the District. Should the student be in the custody of one parent and this fact has been
made known to the school in writing, the school shall release the student only to the parent
having custody or a person authorized in writing by the parent to act on that parent's behalf.
❑enial of Entry Onto District Grounds
District staff may deny to any visitor entry onto any District school campus or premises, or
revoke a visitor's registration under any of the following circumstances:
Page 1 of 2
Administrative Regulation No. 9202 (continued)
CLOVIS UNIFIED
SCHOOL DISTRICT
1. visitors conducting non-school related business;
2. visitors who the District reasonably believes may disrupt or interfere with classes or school
activities;
3. visitors who may threaten the health or safety of students and/or District staff; or
4. visitors who violate the District's Civility Policy,Board Policy No. 9210.
Any person who is not a student, officer, or employee of the District and who is not required by
his or her employment to be on the campus or any other facility owned, operated, or controlled
by the District, and who has entered any of the District's school buildings or school grounds,
during school hours, may be requested either by the principal of the school site or designee or
other designated District employees, to promptly depart the school grounds if it appears that the
continued presence of the person would be disruptive of, or would interfere with classes, offices,
or other activities of the school program. Persons who refuse to leave are guilty of a
misdemeanor. (Ed. Code section 32211.)
If a person refuses to leave the school grounds or creates a disturbance in response to the request
to leave, the principal or designee or other designated District employees, may request assistance
from the local law enforcement agency or private security personnel to remove the person.
EDUCATION CODE
32210,32211-32212,35160-35160.1
44810,44811,44901.4
PENAL CODE
71,243.5,415.5,626.2,626.4,626.7
626.8,627.7,653g
Adopted: 4112100
Amended: 3124104
Reviewed: 1011108
Reviewed:11/10/10
Page 2 of 2