CITY OF FAIRFIELD
SUBDIVISION IMPROVEMENT AGREEMENT
ONE LAKE
PLANNING AREA 5 - NEIGHBORHOOD N &M
ONE LAKE HOLDING, LLC
THIS AGREEMENT ("Agreement"), for purposes of identification, dated _ 2026 is made and entered into by and between the CITY OF FAIRFIELD, a municipal corporation, hereinafter referred to as "City," and ONE LAKE HOLDING, LLC, a Delaware Limited Liability Company, hereinafter referred to as "Subdivider." RE C IT A L S:
A. Subdivider has presented to City a certain parcel map or final subdivision map of a proposed subdivision of land located within the corporate limits of City, said map having been prepared in accordance with the Subdivision Map Act of the State of California, the Subdivision Regulations of the City of Fairfield (Chapter 25, Fairfield City Code), and the tentative map of the subdivision heretofore approved by the Planning Commission of the City per adoption of Resolution No. PC2021-22.
B. The proposed development of land is commonly known and described as One Lake Planning Area 5 - Neighborhood N &M. Said subdivision is hereinafter referred to as "the subdivision."
C. The map of the subdivision was filed with the City Clerk for presentation to the City Council of the City for its approval, which map is referred to and incorporated herein.
D. Pursuant to Section 66462 of the Subdivision Map Act, the Subdivider has requested approval of the map prior to the construction and completion of certain public improvements within the subdivision, including, but not limited to: streets, highways, or public ways, public utility facilities, and design standards which are part of the provisions for lot grading and drainage in or appurtenant to the subdivision, that are required by the Subdivision Map Act, the Subdivision Regulations of the City, the tentative map (and approvals given in connection therewith), and final grading plan, if any, -1-
heretofore approved by the City Council of the City. Said improvements are hereinafter referred to as "the Required Improvements." E. City Council, by the adoption of Resolution No. _
incorporated herein by reference, has approved the map of the subdivision and accepted all offers of dedication made in connection therewith (except as otherwise provided in said resolution), on condition that Subdivider first enter into and execute this subdivision improvement agreement with City and meet the requirements of said Resolution.
A G R E E M E N T S:
The parties hereto agree as follows:
1. Performance of Work: Subdivider agrees to furnish, construct, and install at its own expense all Required Improvements as shown on the plans and specifications of said subdivision, a copy of which is on file in the Office of the City Engineer and is incorporated herein by reference, along with any changes and modifications as may be required by the City Engineer due to errors of omission on the plans.
2. Work; Satisfaction of the City Engineer: All of the work on the Required Improvements is to be done at the places, of the materials, and in the manner and at the grades, all as shown upon the plans and specifications accepted for construction, as signed by the City Engineer, the City's Standard Specifications and Details (per Resolution No. 2014-93), and to the satisfaction of the City Engineer. No occupancy will be allowed for any building which fronts on the Required Improvements required by this Agreement until those improvements, including streetlight energization, are constructed and determined operational by the City Engineer.
No building permits will be issued until the following conditions are satisfied:
a. The water system shall be constructed, have passed pressure and bacteriological testing, final rock grade shall be attained, and fire hydrants brought to grade.
b. Sewer and storm drainage utility infrastructure proposed as part of the Required Improvements shall be operational, connected and discharge to existing public infrastructure.
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c. Curb and gutter shall be constructed along the frontage of the lots for which building permits are being requested.
d. An all-weather access road to the building area within the right-of way, as approved by the Fire Marshal, shall be constructed consisting of a minimum six inches of aggregate base rock. e. See Section 23, "Additional Terms and Conditions", for additional building permit restrictions, if any.
Work; Time for Commencement and Performance: City fixes the time for the construction commencement of the work to be within fifteen (15) days following approval of this Agreement, and for its completion to be within 154 calendar working days thereafter, based on the construction schedule provided by Subdivider and attached hereto as Exhibit A. At least fifteen (15) calendar days prior to the commencement of work hereunder, Subdivider shall notify the City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that the City Engineer shall be able to provide services of inspection and a pre-construction meeting shall be held between the Parties.
4. Time of Essence; Extension: Time is of the essence of this Agreement, but
3. 5.
6. the dates for commencement and completion of the construction work construction may be extended as herein provided pursuant to Sections 5 to 7 of this Agreement. The City Engineer shall be the sole and final judge as to whether good cause has been shown to entitle Subdivider to an extension.
Request for Extension; Granting: Requests for extension of commencement and completion date shall be provided in writing by the Subdivider and shall be delivered to City in the manner hereinafter specified pursuant to Section, 18 of this Agreement. Any extensions granted by the City shall be in writing and an oral extension shall not be valid for any purpose whatsoever.
Extension; No Release of Obligations: In the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension as shall be granted shall in no way release any guarantee given by Subdivider pursuant to this Agreement, or to relieve or release those -3-
8. providing improvement security pursuant to this Agreement. The sureties in executing the bonds shall be deemed to have expressly agreed to any such extension of time.
7. Extension; Conditions: The granting of any extension may be conditioned upon Subdivider providing City with new or amended surety bonds in amounts increased to reflect increases in the costs of constructing the Required Improvements that have occurred prior to the granting of the extension or are likely to occur prior to the completion of work.
Improvement Security: Concurrently with the execution hereof, Subdivider shall furnish City:
9. a. Improvement security in the sum of $3,048,100, which sum is equal to one hundred ten percent (110%) of the estimated cost of constructing the Required Improvements and the cost of any other obligation to be performed by Subdivider hereunder, securing the faithful performance of this Agreement, as further detailed on Exhibit B of this Agreement.
b. Separate improvement security in the sum of $1,524,050, which sum is equal to fifty-five percent (55%) of the estimated cost of constructing the Required Improvements, securing payment to the contractor, its subcontractor, and to persons furnishing labor, materials, or equipment to them for the construction of the Required Improvements, as further detailed on Exhibit B of this Agreement.
The form of the improvement security shall be subject to the approval of the City Attorney. Improvement security shall be reduced or released by City only in the manner pursuant to Section 25.166.6 of the City Code. No change, alteration, or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement.
Engineering and Inspection Fee:
a. Subdivider shall pay to the City an engineering plan check fee of
1.35% of the total cost of subdivision improvements, as estimated by the City Engineer, less the initial plan check fee paid upon first submittal of improvement plan, plus the final map check fees, per the -4-
latest City of Fairfield Master Fee Schedule. The total amount of this fee still due is
(1.35% X $3,233,884.60) - $74,061.85 + $43,261 = $12,856.59. b. Subdivider shall pay to the City an engineering and inspection fee of five and a half percent (5.5%) of the total cost of the Required Improvements, rounded up to the nearest whole number, as estimated by the City Engineer, being:
5.5% X $2,771,000 = $152,405.00.
It is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.
c. Subdivider shall pay to the City a fee for the City's cost to print mylar copies of the recorded Final Map at $15 per sheet, as estimated by the City Engineer being:
16 map sheets x $15 = $240.
It is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.
d. Subdivider shall pay to the City an engineering plan check fee for plan checks provided by the Fairfield-Suisun Sewer District. The total amount of the fee still due is $467, as follows:
Residential Subdivision - Flat Rate= $467.00.
10. Hold Harmless Agreement: The Subdivider will indemnify, hold harmless, and defend the City of Fairfield, its officers, employees, agents, and elective and appointive boards from all claims, losses, damages (including property damage, personal injury, and death), and liabilities of every kind, directly or indirectly arising from the operations of Subdivider, its contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for Subdivider, its contractor or subcontractor, but not including the sole negligence or willful misconduct of the City of Fairfield. This indemnification shall extend to claims, losses, damages, or liabilities occurring after completion of the Required Improvements as well as during the work's progress. This indemnification, however, shall not apply to any claims, losses, damages, or liabilities occurring after the completion of the -5-
Required Improvements by the Subdivider and its acceptance by the City which are not related directly or indirectly to the Subdivider's operations under this Agreement and the construction of the Required Improvements.
Acceptance of insurance certificates required under this agreement does not relieve Contractor from liability under this indemnity and hold harmless clause. This indemnity and hold harmless clause shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of Subdivider's, contractor's or any subcontractor's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11. Subdivider's Insurance: Subdivider shall not commence work under this Agreement or permit its contractor or subcontractor to commence work thereunder until Subdivider shall have obtained or caused to be obtained all insurance required under this paragraph and such insurance shall have been approved by the City Engineer of City as to form, amount, and carrier.
Subdivider shall not allow any contractor or subcontractor to commence work under this Agreement until all insurance required of the contractor or subcontractor shall have been so obtained and approved. Said insurance shall be maintained in force and effect until the completion of work under this Agreement and the acceptance thereof by City. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements, and shall specifically bind the insurance carrier. a. WORKER'S COMPENSATION INSURANCE: Subdivider shall
obtain and maintain (or cause to be obtained and maintained) workers' compensation insurance for all Subdivider's employees employed at the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide workers' compensation insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any workers' compensation law, Subdivider shall provide, and shall cause each contractor and -6-
subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider hereby agrees to indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractors to take out or maintain such insurance. Subdivider shall provide the Director of Public Works with a certificate of insurance indicating workers' compensation coverage prior to engaging in any activity required by this Agreement.
b. LIABILITY INSURANCE: Subdivider, at its sole expense, shall obtain and maintain (or cause to be obtained and maintained) an insurance policy or policies, issued by an admitted insurer or insurers as defined by the California Insurance Code, providing the City, its officers, employees, and agents, named as additional insureds under the policy, broad form property damage, personal injury, automobile, employers', and comprehensive form liability insurance in the amount of not less than $3 million per occurrence. By the terms of said insurance policy or policies, such insurance shall be deemed primary insurance, and no other insurance affected by the City or other named insureds will be called upon to cover a loss covered thereunder. See Exhibit D for the City's minimum insurance requirements.
In the event that any of the aforesaid insurance policies provided for in this paragraph 11 insures any entity, persons, boards, or commissions other than those mentioned in this paragraph, such policy shall contain a standard form of cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents, and employees, Contractor and any subcontractor performing work covered by this Agreement.
12. Evidence of Insurance: Subdivider shall furnish the City Engineer concurrently with the execution hereof:
a. A certificate of insurance providing that no cancellation, major change in coverage, expiration or renewal shall be made during the term of this agreement, without thirty (30) days written notice to the -7-
Director of Public Works prior to the effective date of such cancellation, change in coverage, expiration or non-renewal; b. A City standard endorsement form for insurance coverage (attached hereto) naming the City of Fairfield, its officers, employees, agents and volunteers as additional insureds.
13. Title to Improvements: Title to and ownership of all public improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by City. All common private improvements constructed hereunder by Subdivider, if any, shall vest absolutely in the Homeowner's Association ("HOA") upon completion and acceptance of such improvements by the HOA.
14. Repair or Reconstruction of Defective Work: If, within a period of one year after final acceptance of the public improvement work performed under this Agreement, any public improvement or part of any public improvement furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require immediate repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.
All common private improvements that will be maintained by the HOA are covered under this Agreement. The Subdivider shall submit performance and labor and material bonds for the common private improvements. At the time these improvements are completed to the satisfaction of the City Engineer, a warranty bond shall be submitted to release the original bonds.
15. Subdivider Not Agent of City: Neither Subdivider nor any of Subdivider's agents or subcontractors are or shall be considered to be agents of City in -8-
connection with the performance of Subdivider's obligations under this Agreement.
16. Notice of Breach and Default: If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider 's creditors, or if a receiver should be appointed in the event of Subdivider 's insolvency, or if Subdivider or any of Subdivider 's contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, City Engineer may serve written notice upon Subdivider and Subdivider 's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider.
17. Breach of Agreement; Performance by Surety or City: In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within fifteen (15) days after notice to City of such election, City may take over the work and prosecute the same to completion by contract, or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider 's surety shall be liable to City for any excess cost of damages occasioned City thereby; and in such event, City, without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor.
18. Notices: All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
City Engineer
Fairfield City Hall
1000 Webster Street
Fairfield California 94533
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Notices required to be given to Subdivider shall be addressed as follows:
ONE HOLDING LLC
2121 N. CALIFORNIA BLVD, STE #1010
WALNUT CREEK CA 94596
Notices to be given surety of Subdivider shall be addressed as follows:
ONE HOLDING LLC
2121 N. CALIFORNIA BLVD, STE #1010
WALNUT CREEK CA 94596
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
19. Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected.
20. Governing Law: This Agreement shall be construed in accordance with and governed by the laws of the State of California. In the event that suit shall be brought by either Party to this Agreement, the Parties agree that the venue shall be exclusively vested in Solano County Superior Court or the United States District Court for the Eastern District of California.
21. Public Improvement Oversizing: Public improvement oversizing and/or reimbursement as defined in City Code Chapter 6B, Chapter 10, Article IV, Sections 10.56 through 10.65; and Chapter 25, Article Ill, Section 25.166.79 through 25.166.81 is not applicable.
22. Additional Terms and Conditions: This Agreement is subject to the following additional terms and conditions:
a. Approval of this improvement agreement shall not obligate the City to subsequently accept improvements which do not strictly conform to the plans referenced by this agreement. All costs associated with modifications resulting from subsequent improvement plan changes required by the City shall be borne by the Subdivider.
b. Conditions of Development: Should any conflicts arise between this Agreement and the conditions of development pursuant to project -I 0-
no. PDA2024-00, the conditions of development shall take precedence.
c. Zone II Pump Station: Public Works Condition #31 requires the Subdivider to complete construction of the Zone II pump station, located on the City's Northbay Regional Water Treatment Plant parcel, prior to the issuance of the first certificate of occupancy necessitating this pump station.
The city has determined that construction of the Zone II pump station is required at this time. Accordingly, the prior requirement, referenced in the executed Subdivision Improvement Agreement for
Neighborhood C, for the Subdivider to fund an updated analysis is no longer applicable and has been removed. The City and Subdivider will meet and confer in good faith on a plan to complete construction.
The City and Subdivider are currently negotiating an Amended and Restated amendment to the Development Agreement to address the timing, responsibilities, and implementation of the Zone II pump station. The parties will continue to work collaboratively to finalize a mutually acceptable path forward for delivery of the improvements. In event of any conflict the Development Agreement shall control. d. DA Section 4.5.8.3 - Land Exchange: The subdivision includes development of 15.7 acres of City Property, as defined by the Amended and Restated Development Agreement, recorded on June 10, 2015 ("DA"), including any subsequent amendments to the DA.
Per Section 4.5.8.3 of the DA, the developer shall pay to the City $590,161.60 concurrent with, or prior to, approval of the subdivision Final Map, the amount being a percentage of the total area of City Property, summarized as follows:
(15.7 acres/ 100 acres) x $3,758,800.00 = $590,131.60
e. Train Station Specific Plan Community Facilities District: If annexation has not occurred, the subdivision shall annex into the new Train Station Specific Plans Community Facilities District (CFO #2023- -11-
2), which will provide funding for various elements of operations, maintenance and service, including but not limited to:
• Police Protection Services:
• Fire Protection and Suppression Services:
• Ambulance and Paramedic Services:
• Maintenance of Road, Roadways, Sidewalks, including Traffic Signals, Streetlights, and Soundwalls
• Storm Protection (Storm Drain) Services
• Maintenance, Repair, and Replacement of Parks, Open Space, and Public Landscaping
• Maintenance of Architectural Amenities, Fences, or Barriers in the Public Right-of-Way
• Any Other Public Services authorized to be Funded under Section 53313 of the California Government Code
Property owners within CFO #2023-2 are required to pay special on going annual assessments. The Subdivider shall furnish the necessary processing fees, documents and boundary map required to annex into CFO #2023-2 and complete the annexation process prior to issuance of any Building permits for the subdivision. Assessments will have an annual inflation adjustment.
f. Planning Area 5 Community Facilities District: The subdivision shall annex into the new One Lake Community Facilities District (CFO #2023-1 ), instead of the existing One Lake CFO for Planning Area 4 (CFO #2019-1 ). CFO #2023-1 will provide funding for various elements of infrastructure construction, maintenance, and public safety needs, including but not limited to:
• Onsite Backbone Street and Road Improvements and Facilities, including: wet utilities, traffic utilities, and pavement • In-tract Improvements, including: wet utilities, street signage, curb, and gutter
• Potable Water Improvements and Facilities;
• Storm Drain Improvements
• Sewer Improvements;
• Wetland Basins and Bio-retention Basins;
• Public neighborhood parks;
• Proposed sports park & complex
Property owners within CFO #2023-1 are required to pay special on going annual assessments. The Subdivider shall furnish the necessary processing fees, documents and boundary map required -12-
to annex into CFD#2023-1 and complete the annexation process prior to issuance of any Buildings permits for the subdivision. Assessments will have an annual inflation adjustment.
g. Northeast Special Impact Fee for Area-wide Infrastructure: The proposed project is within the Northeast Fairfield Area. Subdivider shall pay a Special Impact Fee (Fee) for area-wide infrastructure as a part of project development. The Fee amount is adjusted each April 1st for inflation using the Engineering News Record construction cost index from the preceding December. The Subdivider may construct certain infrastructure in-lieu of paying the fee, but such construction must be approved by the City Engineer and be consistent with the infrastructure plan described in the Revised Study of the Northeast Fairfield District (the Study). The City Engineer may approve modifications to the technical specifications in the Study to accomplish the purposes of the overall infrastructure plan, but under no circumstances may credits for the construction of infrastructure exceed the budgeted levels shown in the Study. The amount of credit given to Subdivider for in-lieu construction work may not exceed the amount of the special impact fees due for the subdivision. If this fee credit for improvements constructed is less than the total fee, Subdivider shall pay the remaining balance prior to the issuance of the applicable building permits. For additional information on fees and Subdivider obligations, contact the Fairfield Finance Department at (707) 428-7 496.
h. Updated Citywide AB1600 and Northeast Area Impact Fee Credits: Pursuant to Section 5.5.1 of the DA, City completed an update to the Study for the Citywide Traffic Impact Fee and Northeast Area Fee programs, previously adopted per Resolution No. 2013-69.
This update was adopted per City Council Resolution No. 2022-146 and City Council resolution No. 2022-269 (collectively, Fee Update). i. Northeast Impact Fee Credits: In consideration for the completed and accepted construction of the public infrastructure improvements as part of this overall project, as documented in Section 5.6.4 and
5.8.1 of the Amended and Restated Development Agreement dated -13-
May 8, 2015 ("DA") including any subsequent amendments adopted '
by the City Council, the City may assign to Subdivider tasks towards construction of Vanden Road, in exchange for fee credits applicable towards the Subdivider's Citywide Traffic Impact Fee and Transportation Component of the Northeast Fees ("Assigned Fees") assessed for each lot proposed on the Subdivision Final Map. The City and Subdivider are currently negotiating an Amended and Restated Development Agreement which would govern the
assignment of Vanden Road and the handling of Northeast Impact Fee credits and/or payments for this subdivision and subdivisions moving forward. In recognition that the Parties are working in good faith to come to agreement on these issues, the City and Subdivider hereby agree that Subdivider shall not be assigned any improvements at the time of executing this Agreement, but if the Parties have not executed an Amended and Restated Development Agreement (or another agreement between the Parties governing the assignment of Vanden Road) by December 31, 2026,'Subdivider shall at that time pay, as a lump sum payment, the transportation fees at the actual, current impact fee value (100%) instead of the escalated value (150%); this amount being estimated to total $3,145,566.49 (96.0 Equivalent Dwelling Units (EDU), as defined by the DA, multiplied by the sum of AB1600 Traffic ($7,623.42), Northeast Traffic ($20,138.73), and Northeast Linear Park ($5,004.16) impact fees in 2026 dollar value) in cash to the City. See Exhibit C for Impact Fee calculations. Each July 1st thereafter, the impact fees for Building permits not issued shall be indexed to the current year's impact fee value and the Subdivider shall pay the fees to the City adjusted to the current year's impact fee value, less the amount of lump sum paid for said Building permits in the previous year. and the Parties acknowledge that this arrangement is unique to this Agreement and is not intended to set precedent for future improvement agreements.
If, and to the extent, the Subdivider has available fee credits for '
AB 1600 Traffic, Northeast Traffic, and Northeast Linear Park impact fees pursuant to the terms of the Development Agreement at the time -14-
payment is due for any building permit within the Final Map, such fee credits may be used in lieu of cash to satisfy this obligation. This Agreement is not intended to establish or affect the availability of any such fee credits.
23. Prohibited Interest: No employee of the City shall have any direct financial interest in this agreement. This agreement shall be voidable at the opinion of the City if this provision is violated.
24. Local Employment Policy: The City of Fairfield desires, wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.
The City encourages an active affirmative action program on the part of its contractors, consultants, and developers.
When local projects require, subcontractors, contractors, consultants, and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.
25. Required Regulatory Permits: Agreement authorization will not be effective until Subdivider has obtained all required permitting, authorizations, and approvals from the regulatory agencies, property owners, and similar for impacts resultant of the Required Improvements. Subdivider shall submit a copy of these permits and approvals prior to commencement of work. The City of Fairfield requires the Subdivider to coordinate with, apply for, and be issued all necessary and pertinent permitting and authorizations from local and regional agencies prior to beginning construction of the Required Improvements. By way of executing this Agreement, the Subdivider affirms they have received all required permitting and authorizations from any and all pertinent and necessary local, state, and federal agencies and that all costs and impacts resultant of additional coordination, construction delays, engineering design revisions, or similar negative impacts subsequent to execution of this Agreement shall be borne solely by the Subdivider and shall be at no cost to the City. The Subdivider affirms they have received all -15-
necessary authorizations from the following agencies to construct the Required Improvements, which include, but may not be limited to:
a. Federal Transit Administration j. Solano Irrigation District b. Travis Air Force Base k. Solano County Water Authority C. United States Army Corps. of I. Fairfield-Suisun U.S.D.
Engineers m. Travis Unified School District
d. Department of Toxic n. Caltrans
Substances Control 0. Capitol Corridor
e. Union Pacific Railroad p. City of Suisun City
f. California Department of Fish q. City of Vacaville
and Wildlife r. City of Vallejo
g. California State Water s. City of Benicia
Resources Control Boards t. Solano County
h. Metropolitan Transportation u. Comcast
Commission V. AT&T
i. Solano Transportation w. Pacific Gas & Electric
Authority X. Kinder-Morgan
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth opposite its respective signatures.
Dated: - - - - - - - - -
ATTEST:
By: _
City Clerk
City of Fairfield,
a municipal corporation
By: _
City Manager
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Exhibit A
CONSTRUCTION SCHEDULE
Neighborhood N
ID ITask Task Name !Duration IS tart !Finish !Predecessors !Resource Names Mar 8, '26 I Mar 15, '26 0 Mode sl MI T l w l T I F Is sl MI T l w
1 ~ NH N (79 lots) I
- Pending City i 2 'JI' Scope Bid Process 3 wks Mon 3/9/26 Fri 3/27 /26 - 3 'JI' Sewer 3 wks Mon 4/27 /26 Fri 5/15/26 4 I@'.] Ill!; Storm 2 wks Mon 5/18/26 Fri 5/29/26 3
s I@'.) Ill!; Water 2 wks Mon 6/1/26 Fri 6/12/26 4
6 I@'.] ~ Joint Trench 3 wks Mon 6/15/26 Fri 7 /3/26 5
7 I@'.] Ill!; Prepare Subgrade 9 days Mon 7 /6/26 Thu 7 /16/26 6 I I
8 I@'.] Ill!; Install Irrigation 2 days Fri 7 /17 /26 I Mon 7 ' Sleeves & Electrical 7/20/26
Conduit Crossings
9 ~ Ill!; Prepare Detached 8 days Tue 7 /21/26 Thu 7 /30/26 8 SW and DW
10 m Ill!; Install subgrade fabri12 days Fri 7 /31/26 Mon 8/3/26 9 11 m ~ Install drain board 0 wks Mon 8/3/26 Mon 8/3/26 10 12 ~ Ill!; Place AB for 4 days Tue 8/4/26 Fri 8/7/26 11 Concrete
13 m Ill!; Place AB for 5 days Mon Fri 8/14/26 12
Concrete SW and 8/10/26 i
14 m Ill!; Install curb & gutter 3 days Mon 8/17 /26 Wed 8/19/2613 I I
15 m ~ Install SW & DW 5 days Thu 8/20/26 Wed 8/26/2614 16 I@'.] Ill!; Test Utilities 2 wks Thu 8/27 /26 Wed 9/9/26 15 Task Inactive Summary I External Tasks
Split 11 1 1 1 11 11 1 1 1 11 1 1 11 Manual Task External Milestone ♦ Milestone • Duration-only Deadline .. Project: Neighborhood -N Date: Wed 4/1/26 Summary I I Manual Summary Roll up Progress Project Summary r- - 1 Manual Summary I I Manual Progress Inactive Task Start-only [
Inactive Milestone Finish-only J
Neighborhood N
ID ITask ITask Name I Duration IS tart !Finish I Predecessors !Resource Names Mal 8, 'f 6 I I I I I Mal 15, i'26 I 0 Mode S M T W T F S S M T W 17 m ~ Install Street Lights - 5 days Thu 9/10/26 Wed 16 I Set Boxes 9/16/26 I
,- ~ I
18 ~ Place AB for Paving 3 days Thu 9/17/26 Mon 9/21/2617 i 19 ~ ~ PAVE 2 days Tue 9/22/26 Wed 9/23/2618 I
I
20 ~ ~ Raise Iron 7 days Thu 9/24/26 Fri 10/2/26 19
21 ~ ~ Sign & Stripe 5 days Mon 10/5/26 Fri 10/9/26 20 I I
22 ~ ~ PG&E Energize Site - 9 wks Mon Fri 12/11/26 21 I Street Lights 10/12/26 I ~ i 23 ""7 I ~ 24 ~ I
- 25 ~
26 ~ - 27 ~ - 28 ~ I - 29 ~
30 ~ - 31 ~ I
- 32 ~
33 ~ I I-
34 ~ I-
35 ~ I ~ I
36 ~ I
Task Inactive Summary 1 External Tasks
Split 11 1 1 1 1 1 1 1 1 11 1 1 1 1 , 1 Manual Task External Milestone • Milestone • Duration-only Deadline ♦ Project: Neighborhood -N
Date: Wed 4/1/26 Summary Manual Summary Rollup Progress Project Summary ' ! Manual Summary . I Manual Progress
Inactive Task Start-only [
Inactive Milestone Finish-only J
Exhibit 8
SUBDIVISION IMPROVEMENT AGREEMENT CHECK LIST
SUBDIVISION: ONE LAKE Planning Area 5 - Neighborhood N
OWNER: One Lake Holding, LLC
ADDRESS: 2121 N. California Blvd., Suite 1010, Walnut Creek, CA 94596 COUNCIL MEETING DESIRED: May 5, 2026
SUBMISSION DEADLINE: noon April 10, 2026
DESCRIPTION QUANTITY UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (Civil) 1.35% $2,771,000 $37,409
Plan Check Fee (Landscape) 1.35% $462,885 $6,249
PAID initial plan check Fee - - -$74,061.85
Final Map Check Fee $43,261.00
Final Plan Check Fee Due $12,856.59
Engineering/Inspection Fee 5.5% $2,771,000 $152,405.00
Traffic Signal Cost Share 1 $0 $0
FSSD Plan Check Fee 1 $467 $467
Land Exchange (One Lake only) 0.157 $3,758,800 $590,131.60 Reimbursement Agreement NIA $0 $0
Final Map Mylar Fee 16 $15 $240
TOTAL: $756,100.19
Civil Engineer's Estimate $2,771,000
Faithful Performance Bond 110% $3,048,100.00
Labor and Materials Bond 55% $1,524,050.00
Insurance Certificate $3 Million
Signed Agreement
Construction Plans
Executed Copies Provided to:
City Manager
City Engineer
Subdivider
cbg CIVIL ENGINEERS I SURVEYORS I PL1'1NNERS
ENGINEER'S PRELIMINARY BOND ESTIMATE March 27, 2026
NEIGHBORHOOD N IMPROVEMENTS Job No.: 1668-016
ONE LAKE - PLANNING AREA 5
FAIRFIELD, CA
Item Descrietion Quanti~ Unit Unit Price Amount
START-UP
Mobilization LS $ 25,000.00 $ 25,000
2 SWPPP 10.7 AC $ 13,100.00 $ 140,170
SUBTOTAL START-UP $ 165,170
STREET IMPROVEMENTS
3 Finish Grading 164,900 SF $ 0.50 $ 82,450
4 Subgrade Fabric 111,500 SF $ 0.20 $ 22,300
5 3.5" Asphalt Concrete 97,000 SF $ 1.76 $ 170,720
6 14" Aggregate Base 97,000 SF $ 2.74 $ 265,780
7 Standard Curb and Gutter 590 LF $ 22.84 $ 13,476
8 Beveled Curb and Gutter 5,180 LF $ 22.84 $ 118,311
9 4" PCC Sidewalk (wl 4" AB Cushion) 31,000 SF $ 7.00 $ 217,000 10 Curb Cuts 2 EA $ 350.00 $ 700
11 Accessible Curb Ramp 10 EA $ 2,469.72 $ 24,697
12 Street Monuments 18 EA $ 300.00 $ 5,400
13 Signing and Striping 1,000 LF $ 19.04 $ 19,040
14 Conform to Existing Street 3 EA $ 2,000.00 $ 6,000
15 Traffic Control LS $ 10,000.00 $ 10,000
SUBTOTAL STREET IMPROVEMENTS $ 955,874
STORM IMPROVEMENTS
16 12" Reinforced Concrete Pipe 120 LF $ 60.75 $ 7,290
17 18" Reinforced Concrete Pipe 1,740 LF $ 75.94 $ 132,136 18 24" Reinforced Concrete Pipe 95 LF $ 99.24 $ 9,428
19 Storm Drain Catch Basins 12 EA $ 4,630.73 $ 55,569
20 Storm Drain Field Inlet 2 EA $ 4,630.73 $ 9,261
21 Junction Box 3 EA $ 4,630.73 $ 13,892
22 Remove Existing 18" Storm Drain Pipe EA $ 2,500.00 $ 2,500 23 Remove Existing Storm Drain Field Inlet 1 EA $ 2,500.00 $ 2,500 24 Connect to Existing 3 EA $ 3,159.18 $ 9,478
SUBTOTAL STORM IMPROVEMENTS $ 242,053
SANITARY SEWER
25 4" Sanitary Sewer Lateral (with Cleanout) 72 EA $ 1,162.83 $ 83,724 26 8" Sanitary Sewer (PVC) (Including Plugs) 2,915 LF $ 50.73 $ 147,878 27 Sanitary Sewer Manhole 22 EA $ 4,630.73 $ 101,876
28 Connect to Existing 3 EA $ 2,531.46 $ 7,594
SUBTOTAL SANITARY SEWER $ 341,072
2G33 CAMINO RAMON. SUITE 350 I SAN f<AMON, CALIFORNIA 94583 I 1925i 866-0322 1-'130 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 7884 456 v1w11.c1Ja11dg.co111
P:\ 1600 · 1699\1668-016\Estimates\Bond\Bond 019_Neighborhood N lmprovements.xlsx Page 1 of2
cbg _
Item Description Amount
29 30
31 32
33 34
35 36
37 POTABLE WATER
1" Water Lateral and Meter (Copper)
4" Water Service (PVC - Including all appurtenances &
Water Meter Manifold)
8" Water Pipe (PVC - Including all appurtenances)
Fire Hydrant (Including Valves & Leads)
Blow Off
Air Release Valve
Irrigation Service (Including all appurtenances)
Cathodic Protection
Connect to Existing
ELECTRICAL
38 Street Lights
Quantity Unit Unit Price
72 EA $ 1,029.05 $
6 EA $ 5,500.00 $
3,025 LF $ 77.18 $
7 EA $ 6,318.37 $
1 EA $ 2,058.10 $
2 EA $ 4,116.20 $
1 EA $ 21,486.56 $
3,025 LF $ 10.00 $
3 EA $ 2,000.00 $
SUBTOTAL POTABLE WATER $
30 EA $ 7,500.00 $
SUBTOTAL ELECTRICAL $
WATER QUALITY
39 Bioretention Basin 15,563 SF $ 25.00 $
SUBTOTAL WATER QUALITY $
SUBTOTAL NEIGHBORHOOD N IMPROVEMENTS COSTS $
(to the nearest $1,000)
74,092
33,000
233,470
44,229
2,058
8,232
21,487
30,250
6,000
452,817
225,000
225,000
389,075
389,075
2,771,000
Assumptions:
1. 2.
3. 4.
This estimate is based on information available at this time. Carlson, Barbee & Gibson, Inc. (CBG) assumes no liability for changes in prices, fees or costs due to unforeseen conditions or changes.
This estimate is based on the One Lake Planning Area 5 - Neighborhood N Improvement Plans dated March 2026 Joint trench costs are not included in this estimate and will be provided by Joint Trench Consultant.
Landscaping costs are not included in this estimate and will be provided by Landscape Architect.
P:\ 1600 • 1699\ 1668-016\Estimates\Bond\ Bond 019_Neighborhood N lmprovements.xlsx Page 2 of 2
v a n d e r T o o l e n •A s s o c i a t e s
l A N O S C /\ I ' [
A ~ C H I 1 [ C T S
McKinely Partners
One Lake
Planning Area 5A - Neighborhood N In-Tract Streetscape
LANDSCAPE BOND ESTIMATE
FAIRFIELD, CALIFORNIA
29-Oct-25
Notes:
1 Cost estimate is based on landscape construction documents prepared by vTA dated October 29, 2025. vTA assumes no liability for changes in prices fees or costs due to unforeseen conditions or changes. 2 Production front yards not included.
NO.
LANDSCAIPE
1 Fine Grading SF 48,681 $ 0.40 $ 19,472.40
2 Planting Soil Preparation SF 48,681 $ 0.70 $ 34,076.70 3 Linear Root Barrier (10' length x 24" depth) LF 2,260 $ 9.00 $ 20,340.00 4 Tree Staking - (3) 10'x3" Diameter Lodge Pole w/ Ties EA 102 $ 36.00 $ 3,672.00 5 Bark Mulch - 3" Deep SF 31,516 $ 0.55 $ 17,333.80
ITEM UNIT QUAN COST EXTENSION TOTAL
Sub-total $ 94,894.90
IRRIGATION
6 Shrub Area - Drip Emitters SF 14,487 $ 2.50 $ ;jti,217.0U 7 Shrub Area - Drip Bubblers SF 17,026 $ 2.50 $ 42,565.00 8 Bioretention Spray SF 17,168 $ 2.00 $ 34,336.00
9 Tree Root Watering System Bubbler (2 per tree) EA 102 $ 175.00 $ 17,850.00 10 Irrigation Sleeves LF 2,010 $ 3.00 $ 6,030.00
11 Irrigation Mainline 2" LF 432 $ 1300 $ 5,616.00
12 Irrigation Control Wire LF 2,040 $ 3.50 $ 7,140.00
13 Flowsensor/Master Valve EA 1 $ 2,000.00 $ 2,000.00
14 Brass Quick Coupler - 1" EA 4 $ 250.00 $ 1,000.00
15 Isolation Gate Valve - 2" EA 2 $ 500.00 $ 1,000.00
16 RP Backflow Preventer - 1" EA 1 $ 1,200.00 $ 1,200.00 17 Rain Master Controller- 24 Station EA 1 $ 4,000.00 $ 4,000.00 18 Remote Control Valve - 1" EA 3 $ 385.00 $ 1,155.00
19 Remote Control Valve - 1.5" EA 4 $ 385.00 $ 1,540.00 20 Drip Remote Control Valve EA 6 $ 450.00 $ 2,700.00
21 Rain Bird - 4 Station Controller EA 86 $ 450.00 $ 38,700.00 22 Atmospheric Remote Control Valve Assembly EA 62 $ 385.00 $ 23,870.00 23 Atmosoheric Orio Remote Control Valve EA 86 $ 385.00 $ 33,110.00 Sub-total $ 260,029.50
PLANTING
TREES
24 Ginkgo biloba 'Autumn Gold' 24" Box EA 26 $ 390.00 $ 10,140.00 25 Lagerstroemia indica 'Natchez' 24" Box EA 3 $ 390.00 $ 1,170.00 26 Laurus x 'Saratoga' 24" Box EA 35 $ 390.00 $ 13,650.00 27 Pyrus calleryana 'New Bradford' 24" Box EA 11 $ 390.00 $ 4,290.00 28 Zelkova serrata 'Citv Sorite' 24" Box EA 27 $ 390.00 $ 10,530.00 SHRUBS
29 Arctostaphylos densiflora 'Howard McMinn' 5 Gal EA 7 $ 36.00 $ 252.00 30 Ceanothus x 'Concha' 5 Gal EA 15 $ 36.00 $ 540.00
31 Chondropetalum elephantinum 5 Gal EA 184 $ 36.00 $ 6,624.00 32 Dietes vegeta 1 Gal EA 24 $ 25.00 $ 600.00
33 Muhlenbergia rigens 5 Gal EA 211 $ 36.00 $ 7,596.00
34 Rhamnus californica 'Eve Case' 1 Gal EA 17 $ 36.00 $ 612.00 35 Ribes speciosum 5 Gal EA 25 $ 36.00 $ 900.00
36 Rosa californica 1 Gal EA 93 $ 36.00 $ 3,348.00
GROUNDCOVER
37 Calistemon v. 'Better John' 1 Gal EA 169 $ 15.00 $ 2,535.00 38 Baccharis p. 'Pigeon Point' 1 Gal EA 39 $ 15.00 $ 585.00 39 Cistus x hybridus 'Mickie' 1 Gal EA 101 $ 25.00 $ 2,525.00 40 Coprosma kirkii 'Variegata' 1 Gal EA 150 $ 25.00 $ 3,750.00 41 Myoporum p. Putah Creek' 1 Gal EA 281 $ 25.00 $ 7,025.00 42 Lantana m. 'Trailing White' 1 Gal EA 126 $ 15.00 $ 1,890.00 43 Rhaphiolepis indica "pink Dancer' 1 Gal EA 243 $ 36.00 $ 8,748.00 44 WestrinQia r. 'Low Horizon' 1 Gal EA 167 $ 15.00 $ 2,505.00 Sub-total $ 89,815.00
45 Native Ornamental Bioswale H droseed Mix SF 11,212 $ 0.75 $ 8,409.00 Sub-total $ 8,409.00
MAINTENANCE
46 90 Da Landsca e Maintenance SF 48,681 $ 0.20 $ 9,736.20 Sub-total $ 9,736.20
NHN TOTAL: $ 462.aa4.6o I
n't:.Ml:i l'IV 'I 11'11.,LUu c u
Fees and Permits
Performance Bonds
Rough Grading (per civil)
Concrete Sidewalk, Curb & Gutter (per civil)
Natural Gray Concrete Driveway (per civil)
Storm Water Drainage (per civil)
Water Meters (per civil)
Production Lots
Exhibit C
Fee Credit Worksheet
Number of Low-Density Dwelling Units (Neighborhood N) 2022 Cost 2023 Cost 2024 Cost 2025 Cost 2026 Cost Traffic AB 1600 Fee $671,424.00 $706,801.99 $732,145.60 $727,334.16 $731,848.31 96 Northeast Traffic Impact Fee $1,773,696.00 $1,867,153.79 $1,934,103.83 $1,921,393.47 $1,933,318.47 Northeast Linear Park Fee $440,736.00 $463,958.81 $480,594.86 $477,436.53 $480,399.71 Assigned Fees $ 2,885,856.00 $ 3,037,914.60 $ 3,146,844.29 $ 3,126,164.16 $ 3,145,566.49 •NOT£: Pe, PlannlngCoodilion under Section [ (Density T,ansfer), #2, aHdevelopmenl areas shaU pay impact fees at the LR ,ate. •NOT£: Pe, Secilon 5.8.1 of the DA, the Cilymay assie:n Transportationlmp10V1'ments, as defined by the DA, equal lo ISO% of lhe number of dwelling units multiplied by the lee per demllr categ<Ky. "NOTE: Calculation Fo1mul.i and Example
2022 Assignment Toi al• Number of Residential Unitsx (Citywide Traffic Impact Fee♦ Tfanspo1tatlon Componenl of NE Fee) x (Cilywlde Traffic Impact Fee• Transportation Component of NE Fee) x 150% 2022 Assignment Total • 96x ( $6994 • $18476 ♦ $4591) 1t lSOM, (low·densUy) $2,885,856.00x 150% • $4,328,784.00
2023M.slgnment Total • $4,328,784 x CCI Escalation
$4,328,784x(l ♦ .0527)
• $4,556,871.90
1) Traffic AB 1600 (Citywide Traffic Impact Fee), per single-family dwelling unit 2) Northeast Traffic Fee, per low-densftv unit
3) Northeast Traffic Fee, per medlum-densltv unit
4) Northeast Linear Park Fee, per low-density unit
5) Northeast Linear Park Fee, per medium·denslty unit
2022 2023 2024 2025 2026
$6,994.00 $7,362.52 $7,626.52 $7,576.40 $7,623.42
$18,476.00 $19,449.52 $20,146.91 $20,014.52 $20,138.73
$14,042.00 $14,781.89 $15,311.92 $1S,211.29 $15,305.70
$4,591.00 $4,832.90 $5,006.20 $4,973.30 $5,004.16
$4,082.00 $4,297.08 $4,451.16 $4,421.91 $4,449.36
'NOTE: lmpacl rees are ba1.ed on the fees adopted byCilyCoundl Rewlution No. 2022-269 San Francisco Construction Cost Index Table I
DATE SF CC Index I
December 1, 2010 10,120.29 Annual
lllllllllii December 1, 2011 10,204.79 0.83%
December 1, 2012 10,35S.09 1.473%
December 1, 2013 10,898.84 5.251% 5.251%
December 1, 2014 10,915.84 0.156% 5.415%
December 1, 2015 11,155.41 2.195% 7.729%
December 1, 2016 11,609.44 4.070% 12.113%
December 1, 2017 12,014.72 3.491% 16.027%
December 1, 2018 12,115.37 0.838% 16.999%
December l, 2019 12,764.52 5.358% 23.268%
December 1, 2020 13,168.76 3.167% 27.172%
December 1, 2021 14,228.24 8.04S% 37.403%
December 1, 2022 14,977.94 5.269% 44.643%
December 1, 2023 15,515.00 3.586% 49.830%
December 1, 2024 15,413.04 -0.657% 48.845%
December 1, 2025 15,508.70 0.621% 49.769%
NOTE. First date of 2013 FeeStudyftt .
'NOTE:Fl,stdateofescalatlon:
May21,20 13
April 1,2014
'NOTE: City Council Resolution No. 2022-146 updated the Citywide reanspcrteuc n Impact Fee and Nor1he~ t Area Development Impact Fees from the original Fee Study, previously adopted per City Council Resolution No. 2013-69 'NOTE: Fee Study Update October 4, 2022
'NOTE: Fkst date of updated fee: December 5, 2022
"NOH : Fkst date of new escalation: Ap1il 1, 2023
'NOTE: Fees escalated per lhe Engineeriflg News RecordConu ,uctlon Cost Index as outlined In Fairfield Rewlutlon 2013-69 (Section 1, 3, and '1) & Resolution 2022-269
Exhibit D
INSURANCE REQUIREMENTS
SUBDIVIDER shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SUBDIVIDER, its agents, representatives, or employees.
1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $3,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 - any auto) with minimum limits of $3,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required:
✓ Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $3,000,000 per occurrence.
□ Pollution Liability Insurance in the minimum amount of $3,000,000 per occurrence □ Garage Keepers Insurance in the minimum amount of $3,000,000 per occurrence □ Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
□ Builder's Risk / Course of Construction Insurance in the minimum amount of $ _
3) INSURANCE PROVISIONS
a) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the SUBDIVIDER
shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the SUBDIVIDER; products and completed operations of the SUBDIVIDER; premises owned, occupied or used by the SUBDIVIDER; and automobiles owned, leased, hired or borrowed by the SUBDIVIDER. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the SUBDIVIDER'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the SUBDIVIDER'S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The SUBDIVIDER'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the SUBDIVID,ER'S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) Acceptability of Insurer. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to the CITY.
Verification of Coverage. SUBDIVIDER shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At
the request of the CITY, SUBDIVIDER shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these speciffcations.
d) Sub-contractors. SUBDIVIDER shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of SUBDIVIDER to verify existence of sub-contractor's insurance shall not relieve SUBDIVIDER from any claim arising from sub-contractors work on behalf of SUBDIVIDER.