Lathrop City Council
January 10, 2022

ITEM 4. 9

CITY MANAGER' S REPORT
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF FINAL MAP, COMMON USE

AGREEMENT, AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE
GG2" WITHIN OLD RIVER DISTRICT OF RIVER

ISLANDS
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 4092 Village GG2" within the Old River District, Totaling
62 Single Family Lots, a Common Use Agreement,
and a Subdivision Improvement Agreement with
River Islands Stage 2B, LLC
SUMMARY:

The proposed Final Map for Tract 4092 will be the second and final tract map within the Village GG" area. Pulte Homes is proposing sixty- two ( 62) 55' x 100' singlefamily lots. A Vicinity Map is included as Attachment " B".

Staff recommends that the City Council approve the proposed Final Map Tract 4092, Village " GG2", a Common Use Agreement with Island Reclamation District No. 2062 for portions of Abernathy Court and Cabot Avenue, and a Subdivision Improvement Agreement with River Islands Stage 2B, LLC ( River Islands"), included as Attachment " C".

BACKGROUND:

The City of Lathrop City Council approved Vesting Tentative Map ( VTM) 6716 on June 14, 2021. On August 4, 2021, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards AG/ DS) for the Old River District, known as Stage 2B, within Phase 1 of the project.

While the NDP contains conceptual guidance on parks within the Old River District, a Master Parks Plan includes revisions to the parks and open spaces within the Stage 2B area and is pending Planning Commission action. The land for the proposed Final Map for Tract 4092 is within the geographic boundaries of VTM 6716 and Stage 2B.

As required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements.

The total cost of the improvements for Village " GG" is $ 2, 469, 000, however, a large percentage of the improvements have already been construction and therefore do not need to be guaranteed. Performance and labor & material securities have been provided with the SIA for Tract 4091 that guarantee the unfinished improvements for Village " GG" in the amount of:

CITY MANAGER' S REPORT PAGE 2
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE GG2"

WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS
Unfinished Im rovement Total: 221, 440
Performance Bond of Total Improvements ( Bond No. $ 664, 852 0799657 :

Labor & Materials Bond 50 % of Performance Bond ( Bond No. $ 332, 426 0799657
The SIA for Tract 4092 refers to the Agreement for Dedication, Inspection, and Guarantee of Streets and Public Improvements (" Off- site Agreement") that was approved by the City on September 30, 2013. Although the Off- site Agreement applies to Tract 4092, the Final Map will not trigger any additional offsite improvements or security.

Acceptance of the public improvements will be processed by staff at a later date and when the unfinished improvements are completed. Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond.

Village ' GG" was annexed to the four different Community Facilities Districts ( CFDs) for maintenance purposes with the approval of the Tract 4091 Final Map in 2021.

The CFDs are CFD 2013- 1 City of Lathrop Annexation No. 24, CFD 2013- 1 Island Reclamation District ( RD) 2062, CFD 2013- 1 River Islands Public Financing Authority RIPFA), and CFD 2020- 1 RIPFA.

There is also a need for a Common Use Agreement ( CUA) between the City and Reclamation District No. 2062 ( RD 2062) as a portions of Abernathy Court and Cabot Avenue and Public Utility Easement dedicated to the City by River Islands Stage 2B, LLC share an area with the easements recorded in favor of RD 2062 for the levee system. The CUA, included as Attachment " F", sets forth the terms and conditions to which RD 2062 can install, operate and maintain its facilities, which protects the City' s street and other utilities that are located in Abernathy Court and Cabot Avenue.

River Islands must satisfy the Escrow Instructions, included as Attachment " D", to guarantee the payment of all fees and execution of the documents related to the SIA.

REASON FOR RECOMMENDATION:

River Islands has fulfilled all of the requirements of the City' s subdivision ordinance as listed below:

Documents Status

1. Final Map ready for signature Completed

2. Subdivision Improvement Agreement Completed

3. Performance Security - Uncompleted Landscaping and
Completed
Miscellaneous Im rovements rovided with Tract 4091
CITY MANAGER' S REPORT PAGE 3
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE GG2"

WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS

4. Labor and Materials Security - Uncompleted Landscaping and Miscellaneous Improvements provided with Tract Completed 4091

5. Street Improvement, Landscape, Light & Joint Trench Completed

6. Geotechnical Report Completed

7. Agreement for Backbone Improvements and Parks
Agreement for Dedication, Inspection and Guarantee Completed of Streets and Public Improvements

8. Approval of 3 d Amendment to Development
Agreement that guarantees creation of CFD for City
Maintenance and Shortfalls, and Guarantee of Completed
Developer CFDs for Developer/ other public agency
Maintenance

9. Allocation of Water and Sewer capacity Completed

10. Recommendation for approval from Stewart Tract
Completed
Desi n Review Committee

11. Submitted Certificate of Insurance, Tax Letter Completed

12. Submitted Preliminary Guarantee of Title Completed

13. Escrow Instructions Completed

14. Village GG - Annexation No. 24 of City of Lathrop Annexed with Community Facilities District No. 2013- 1 ( River Islands Tract 4091 on Public Services and Facilities 9/ 13/ 2021

15. Common Use Agreement with Island Reclamation District Approval No. 2062, including Offer of Dedication of Public Utility pending with this Easement item
Fees Status

1. Final Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid

3. Sierra Club Settlement fee
To be paid in
escrow
FISCAL IMPACT:

There is no budget impact to the City as all costs are covered by development fees and any shortfalls in the City' s maintenance and operating costs are covered by the CFDs.

CITY MANAGER' S REPORT PAGE 4
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE GG2"

WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS
ATTACH M ENTS:

A. Resolution Approving Final Map for Tract 4092 Village GG2" within the Old River District, Totaling 62 Single Family Lots, a Common Use Agreement, and a Subdivision Improvement Agreement with River Islands Stage 2B, LLC B. Vicinity Map - Village GG2"
C. Subdivision Improvement Agreement between the City of Lathrop and River Islands Stage 2B, LLC, a Delaware limited liability company, for Tract 4092, Village " GG2"
D. Escrow Instructions for Final Map Tract 4092 Village GG2" E. Final Map - Tract 4092 Village " GG2"
F. Common Use Agreement with Islands Reclamation District No. 2062 for a portion of Abernathy Court and Cabot Avenue, and associated; Offer of Dedication of Public Utility Easement
CITY MANAGER' S REPORT PAGE 5
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE GG2"

WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS
1'' 2 / 2
Glenn Gebhardt Date
City Engineer
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Michael King Date
Public Works Director
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Cari James Date
Finance Dkre tor

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Salvador Navarrete Date
City Attorney
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Ste Salvatore Date
City Manager
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 4092 VILLAGE GG2" WITHIN THE OLD RIVER DISTRICT, TOTALING 62 SINGLE FAMILY LOTS, A COMMON USE

AGREEMENT, AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH RIVER ISLANDS STAGE 2B, LLC
WHEREAS, the City of Lathrop City Council approved Vesting Tentative Map VTM) 6716 on June 14, 2021; and
WHEREAS, on August 4, 2021, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Old River District, known as Stage 2B, within Phase 1 of the project; and
WHEREAS, the land for the proposed Final Map for Tract 4092 is within the geographic boundaries of Vesting Tentative Map ( VTM) 6716 and Stage 2B; and WHEREAS, required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, the guarantees for Tract 4092 were provided with the approved SIA for Tract 4091 executed with River Islands Stage 2B, LLC and therefore additional guarantee is not required to be provided with the SIA for Tract 4092. Tracts 4091 and 4092 are collectively known as Village " GG"; and
WHEREAS, performance and labor & material securities were provided with the SIA for Tract 4091 that guarantee the unfinished improvements for Village GG", including both Tract 4091 and 4092, in the amount as follows; and Unfinished Im rovement Total: 221, 440
Performance Bond of Total Improvements ( Bond No. $ 664, 852 0799657)
Labor & Materials Bond 50 % of Performance Bond ( Bond No. $ 332, 426 0799657)
WHEREAS, acceptance of the public improvements will be processed by staff at a later date and when the unfinished improvements are completed. Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond; and
WHEREAS, there is a need for a Common Use Agreement ( CUA) between the City and Reclamation District No. 2062 ( RD 2062) as a portions of Abernathy Court and Cabot Avenue and Public Utility Easement dedicated to the City by River Islands Stage 2B, LLC share an area with the easements recorded in favor of RD 2062 for the levee system included as Exhibit " I" to Attachment F"; and WHEREAS, Village GG" was annexed to the four different Community Facilities Districts ( CFDs) for maintenance purposes with the approval of the Tract 4091 Final Map in 2021; and
WHEREAS, River Islands Stage 2B must satisfy the Escrow Instructions to guarantee the payment of all fees and execution of the documents related to the SIA.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop that approves and accepts the following actions:

1. The Final Map for Tract 4092 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.

2. The City Manager, or their designee, is authorized to execute a Subdivision Improvement Agreement with River Islands Stage 2B, LLC in substantially the form as attached to the January 10, 2022 staff report. The file executed copy will be filed with the City Clerk.

3. The City Manager, or their designee, is authorized to execute a Common Use Agreement with Islands Reclamation District No. 2062 and Acceptance of Offer of Dedication for Public Utility Easements from River Islands Stage 2B, LLC, in substantially the form as attached to the City Manager' s Report as Attachment F", and is hereby approved as submitted as part of the public record with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.

The foregoing resolution was passed and adopted this 10th day of January 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVE AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 0 rb Q,
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ATTACHMENT " B"

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VICINITY MAP
AUGUST 2021

ATTACHMENT C

SUBDIVISION IMPROVEMENT AGREEMENT

BY AND BETWEEN THE CITY OF LATHROP AND
RIVER ISLANDS STAGE 2B, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR TRACT 4092 VILLAGE " GG2" 62 RESIDENTIAL LOTS

RECITALS
A. This Agreement is made and entered into this lOth day of January 2022, by and between the CITY OF LATHROP, a municipal corporation of the State of California( hereinafter" CITY") and River Islands Stage 2B, LLC, a Delaware limited liability company, ( hereinafter SUBDIVIDER").

B. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and the CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make dedications and improve Tract 4092. However, SUBDIVIDER has completed a significant portion of public infrastructure improvements associated with Tract 4092 ( Village " GG2") located within the Lakeside East District of River Islands Phase 1, which also includes major streets necessary to access the site. Performance and Labor & Material securities have been provided with the SIA for Tract 4091 that guarantee the unfinished improvements for Village " GG", which includes Tract 4092, in the amount shown in Section 8, and therefore no additional security is needed for Tract 4092.

C. SUBDIVIDER has completed a portion of the joint trench improvements for Tract 4092 and as noted in Recital B, security shall be required for the unfinished portion of these improvements, along with other required infrastructure associated with Tract 4092 and Village GG" overalL Improvement plans, and street light plans prepared by Power Systems Design, Inc. have already been approved by the City. The street, sidewalk, underground utility, storm drainage, streetlight and joint trench improvements ( hereinafter " Improvements") are substantially completed and minor improvements not yet constructed as part of the required infrastructure for Tract 4092 are required security as outlined in this Agreement is required.

NOW THEREFORE in consideration of CITY' S pending approval and acceptance of the Improvements upon their satisfactory completion, and in consideration of SUBDIVIDER' S construction of Improvements in strict accordance with the terms of this Agreement, all applicable laws, statutes, ordinances, rules and regulations currently in force and effect in CTTX, the terms and conditions of which are incorporated herein by this reference, the parties hereto mutually covenant and agree as follows:

Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

1. SUBDIVIDER shall complete construction of, or cause construction to be completed at its sole cost and expense, the Improvements for all of the lots within the Lakeside East neighborhood, to the limits identified in Exhibit" A", including the public landscaping, streetlight and joint trench improvements. A Vicinity Map is included as Exhibit " B".

All improvements shall be constructed to the satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the above referenced improvement plans and specifications, the improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City of Lathrop and the California Subdivision Map Act.

2. SUBDIVIDER shall complete the Improvements, including all deferred and unfinished improvements, prior to occupancy of the last home constructed in Tract 4092 that is conveyed to a private interest not associated with the transfer of title of Tract 4092 associated with the filing of Tract 4092 ( homebuilder), prior to the completion and occupancy of the last production dwelling unit associated with Tract 4092, or January 10, 2023, whichever comes first. Such occupancy shall be documented by CITY in the form of a Certificate of Occupancy or Final Building Permit.

3. CTTY, or its agent( s), shall, at any time during the progress of the Improvements, have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.

4. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of the SUBDIVIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.

5. CITY' S acceptance of the Improvements does not operate as a release of SUBDIVIDER from any guarantee hereunder.

6. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done, and from any defects in materials furnished. Further, SUBDIVIDER shall repair and maintain the Improvements in good condition and in accordance with CITY specifications for one 1) year after CITY' S acceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City Engineer a Warranty Bond in the amount of $ 332, 426 to insure SUBDIVIDER' S repair and warranty of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one year guarantee period, provided there are no claims against it are then outstanding.

7. If SUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair.

Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

Replace or reconstruct any defects, as set forth in Paragraph 6 above, CITY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY.

Once action is taken by CTTY to complete, repair, replace and/or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work.

The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security ( including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499.4, incurred by the CITY, in addition to the costs of the improvements shall be a proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

8. Because the Improvements are not entirely complete, the SUBDIVIDER is required to only post Performance or Labor & Materials bonds to guarantee the unfinished improvements associated with Tract 4092 as included and described in Exhibit " D" of this Agreement.

Performance and Labor& Material securities have been provided with the SIA for Tract 4091 that guarantee the unfinished improvements for Village " GG", which includes Tract 4092, in the amount shown in Table 1 below and therefore no additional security is needed for Tract 4092.

SUBDIVIDER shall also comply with CITY' S insurance requirements set forth on Exhibit " C" attached hereto and incorporated herein.

Table 1 — Bond Values
Unfinished Improvement Total: 221, 440
Performance Bond of Total Improvements ( Bond No. 0799657): 664,852 Labor & Materials Bond 50 ° Io of Performance Bond ( Bond No. $ 332, 426 0799657)

9. Any alteration( s) made to the plans and specifications, which are a part of this Agreement, or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part thereof. The above referenced sureties hereby consent to such alterations and waive the provisions of California Civil Code Section 2819.

10. Neither the CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDNIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement.

Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

11. Neither the CITY nor any of its officers, employees, or agents, shall be liable to the SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property by or from any cause in, on, or about the subdivision of all or any part of the land covered by this Agreement.

12. SUBDIVIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, " Indemnitees"), harmless from any liability for damage or claims which may arise from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any SUBDIVIDER contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' S contractors or subcontractors. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings or any type that may be brought or instituted against CITY and indemnities on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CTTY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER' S performance or non- performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, contractors, representatives, servants ar employees. The promises and Agreement to indemnify and hold harmless set forth in this section is not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not; waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDNIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.

13. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement.

14. Prior to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the project site. The SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER have formed Community Facilities Districts to finance maintenance and i'mprovements. The CTTY expects to preserve the ability to use future special taxes of the CFD far payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CTTY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village" GG2"

providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

15. SUBDIVIDER shall pay service fees for the utility services from the time the Improvements are accepted by the CITY to the end of the fiscal year, or up to a one( 1) year period, whichever is needed to ensure an opportunity for the Improvements to be included in the next fiscal year annual assessment.

16. SUBDIVIDER shall be responsible to sweep streets within the subdivision every two weeks as directed by the City Engineer, on all streets where lots are occupied and all streets providing access to occupied lots until the Improvements are accepted by the CITY.

17. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY.

If such consent is given, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of the SUBDIVIDER and shall be jointly and severally liable hereunder.

18. The SUBDIVIDER shall, at the SUBDIVIDER' S expense, obtain and maintain all necessary permits and licenses for construction of the Improvements. Prior to the commencement of Improvement construction, the SUBDIVIDER shall obtain a City of Lathrop Business License.

The SUBDIVIDER shall comply with all local, state and federal laws, whether or not said laws are expressly stated in this Agreement.

19. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the improvements to be constructed and dedications for Tract 4092.

20. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
d. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. e. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement.

Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

f. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. g. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
h. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
i. Time of the Essence. Time is of the essence of this Agreement and each of its provisions.

In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day. j. Venue. In the event either party brings that suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin.

ATTACHMENTS:

EXHIBIT A FINAL MAP - TRACT 4092
EXHIBIT B TRACT 4092 AND VILLAGE " GG2" AREA
EXHIBIT C: CITY INSURANCE REQUIREMENTS
EXHIBIT D: UNFINISHED IMPROVEMENT COST ESTIMATE AND VILLAGE " GG"

IMPROVEMENTS COST ESTIMATE
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this lOth day of January 2022, at Lathrop, California.

ATTEST: TERESA VARGAS CITY OF LATHROP, a
City Clerk of and for the City municipal corporation of the of Lathrop, State of California State of California
BY: BY:

Teresa Vargas Date Stephen J. Salvatore Date
City Clerk City Manager

APPROVED AS FORM BY THE CIT OF L OP CITY ATTORNEY
BY:

I 7il I Salvador Navarrete Date
City Attorney
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

SUBDIVIDER
River Islands Stage 2B, LLC,
a Delaware limited liability company
BY:

Susan Dell' Osso
President
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village" GG2"

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Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

EXHIBIT " B"
TRACT 4092 VILLAGE " GG2" AREA
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VILLAGE GG

VICINITY MAP
AUGUST 2021
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

EXHIBIT " C"

CITY INSURANCE REQUIREMENTS
L The Subdivider shall obtain commercial general liability insurance companies licensed to do business in the State of California with an A.M. Best Company rating Insurance rating of no less than A:VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least $ 1, 000, 000 for each occurrence and $ 2,000, 000 in the aggregate.

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss.
c. Include a statement that, " the insurer will provide to the City at least thirty ( 30) days priar notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided far at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

A
o!zo CERTIFICATE OF LIABILITY INSURANCE

DATE MM/ DDIYYYY)
11/ 23/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER NAMEACT MICI12II2 S8f1CI18Z
Alliant Insurance Services, IIC. PHONE FAX
333 S Hope St Ste 3750
E- MAILo Ext: AIC No:

Los Angeles CA 90071 aonRess: Michelle. Sanchez alliant. com INSURER( S) AFFORDING COVERAGE NAIC#
icense#: oC36861 INSURER A: UIlIt2CI S ecialty Insurance Com 12537 INSURED RIVEISL- 01 INSURER B:

River Islands Stage 2B, LLC
73 W. Stewart iNsuRea c:

Lathrop CA 95330 iNsuReR o: _____
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 1072953764 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
7ypE OF INSURANCE

ADDL SUBR POLICY EFF POLICY EXP

LIMITS LTR IN D POLICY NUMBER MM/ DDIWYY MM/ DD/ YYYY
A X COMMERCIALGENERAL uAeILI7Y Y
I ATN2117764P 3/ 19/ 2021 3/ 19/ 2022 EACH OCCURRENCE 2, 000, 000

DAMAGETORENTED

CLAIMS- MADE OCCUR I
PREMISES( Ea occurrence
MED EXP( Any one person) $
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3 2, 000, 000 POLICY E LOC PRODUCTS- COMP/ OP AGG S 2, 000, 000
OTHER:

AUTOMOBILELIABILITY
COMBINEDSINGLELIMIT $
Ea accident
ANY AUTO BODILY INJURY( Per person) S
OWNED SCHEDULED BODILY INJURY( Per accident) $

AUTOS ONLY AUTOS

HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident

UMBRELLALIAB OCCUR I EACHOCCURRENCE

I EXCESSLIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY Y N

STATUTE ER

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
I N A
E. L EACH ACCIDENT
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH) I E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: FM 4092 GG2
City of Lathrop, its officers, City Council, boards and commissions and members thereof, its employees and agents are included as Additional Insureds as respects to General Liability. General Liability shall be Primary and Non- Contributory with any other insurance in force for or which may be purchased by City of Lathrop, its officers, employees and agents.

CERTIFICATE HOLDER CANCELLATION

SWOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ,

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Lathrop
390 Towne Centre Drive
Lathrop CA 95330

AUTHORIZEDREPRESENTATIVE
f'`/,.' t.---`
O 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ATN217764P COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or
Or anization s Location s Of Covered O erations
City of Lathrop, its officers, City Council, boards As Required By Written Contract, Fully Executed and commissions and members thereof, its Prior To The Named Insured' s Work employees and agents
390 Towne Centre Drive
Lathrop, CA 95330
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following additional exclusions organization( s) shown in the Schedule, but only with apply:
respect to liability for" bodily injury", " property damage" This insurance does not apply to " bodily injury" or or " personal and advertising injury" caused, in whole property damage" occurring after:
or in part, by: 1. All work, including materials, parts or equipment

1. Your acts or omissions; or
furnished in connection with such work, on the

2. The acts or omissions of those acting on your behalf; project( other than service, maintenance or repairs) to be perFormed by or on behalf of the additional
in the performance of your ongoing operations for insured( s) at the location of the covered operations the additional insured( s) at the location( s) has been completed; or designated above. 2. That portion of" your work" out of which the injury or damage arises has been put to its
However: intended use by any person or organization other

1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged
applies to the extent permitted by law; and in performing operations for a principal as a part of

2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.

CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to 2. Available under the applicable Limits of these additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less.

If coverage provided to the additional insured is
This endorsement shall not increase the applicable
required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

Policy# ATN217764P
United Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 051 00 ( 02/ 20)

PRIMARY AND NON- CONTRIBUTING INSURANCE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS of the COMMERCIAL GENERAL LIABILITY COVERAGE PART, and supersedes any provision to the contrary:

Primary and Non- Contributory Insurance
Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless:
a. ( 1) The Additional Insured is a Named Insured under such other insurance; and
2) A fully written contract fully executed prior to the Named Insured' s commencement of work for such Additional Insured for the specificproject that is the subject of the claim, " suit," or " occurrence" expressly requires that this insurance:
i) apply on a primary and non- contributory basis;
and
ii) would not seek contribution from any other insurance available to the additional insured.
or
b. Prior to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non- contributory basis.

Name Of Person s Or Or anization s
As Required By Written Contract, Fully Executed Prior To The Named Insured' s Work.

All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

VEN 051 00( 02/ 20) Page 1 of 1
Policy: ATN217764P

UNITED SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 064 00 ( 01/ 15)

THIRD PARTY CANCELLATION NOTICE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
If we cancel this policy for any reason other than nonpayment of premium, we will mail notification to the persons or organizations shown in the schedule below ( according to the number of days listed below) once the Named Insured has been notified.

If we cancel this coverage for nonpayment of premium, we will mail a copy of such written notice of cancellation to the name and address below at least 10 days prior to the effective date of such cancellation.

Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.

SCHEDULE
Name and Address of Other Person/ Orqanization
City of Lathrop, its officers, City Council,
Number of Days Notice
boards and commissions and members thereof,
its employees and agents
390 Towne Centre Drive 30
Lathrop, CA 95330
All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

VEN 064 00( 01/ 15) Page 1 of 1
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4092 Village " GG2"

EXHIBIT " D"

UNFINISHED IMPROVEMENT COST ESTIMATE
AND VILLAGE " GG"— FULL IMPROVEMENT COST
ENGiNEEfC1NG
ENGINEER' S BOND ESTIMATE August 11, 2021
COST TO COMPLETE Job No.: 25503- 48
RIVER ISLANDS- Stage 2B
VILLAGE GG( 110 LOTS)

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron& Setting SSCO boxes( o/ Completion) 1 LS $ 55, 300. 00 $ 55, 300. 00 2 Storm Drain Raising Iron( o/ Completion) 1 LS $ 2, 400. 00 $ 2, 400. 00 3 Domestic Water Raising Iron& Setting Water Boxes( 0/ Completion) 1 LS $ 58, 800. 00 $ 58, 800. 00 4 Joint Trench( 60% Completion) 1 LS $ 75, 500. 00 $ 75, 500. 00 5 AC Paving( o% Completion) 1 LS $ 14, 400. 00 $ 14, 400. 00 6 Striping& Mounments( o% Completion) 1 LS $ 15, 000. 00 $ 15, 000. 00 TOTAL COST TO COMPLETE $ 221, 400. 00
Notes:
1) Estimate for cost to complete based on contractor' s note for Village GG dated OS/ 11/ 2021 62DQ ST NERIDGE fviA L ROAD. SUITE 33Q, PLEASRNTt N. CA 9d58 P: 925. 223.83 9 • F209 577 2466 T: 25503- River Islands\ Phase 48- Village GG\ Word 8 Excel\ Cos[ Estimate\ Cost ta Complete 2021- 0& 11 2021- 08- 11 Village GG Cost To Complete. xls\ Improvements NG7N£ EfZ1NG
ENGINEER' S PRELIMINARY COST ESTIMATE May 6, 2019
VILLAGE GG( 110 UNITS) Job No.: 25503- 48
STAGE 2B

RIVER ISLANDS

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount

ROADWAY
1 Fine Grading 301, 700 SF $ 0. 45 $ 135, 765. 00
2 3" AC Paving 102, 800 SF $ 1. 50 $ 154, 200. 00
3 4. 5" AC Paving 63,900 SF $ 2.25 $ 143, 775. 00
4 6" Aggregate Base 29, 200 SF $ 0. 90 $ 26, 280. 00
5 7" Aggregate Base 73, 700 SF $ 1. 05 $ 77, 385. 00
6 8" Aggregate Base 63, 800 SF $ 1. 20 $ 76,560. 00
7 Vertical Curb and Gutter( with ae cush; on) 2, 600 LF $ 15. 00 $ 39,000. 00 g Rolled Curb and Gutter( with AB cushion) 7, 100 LF $ 15. 00 $ 106,500. 00 9 Concrete Sidewalk 48, 100 SF $ 5. 00 $ 24D, 50D. 00
10 Driveway Approach 110 EA $ 600. 00 $ 66,000. 00
11 Handicap Ramps 6 EA $ 2, 500. 00 $ 15, 000. 00
12 Survey Monuments 22 EA $ 300. 00 $ 6,600. 00
13 Traffic Signing& Striping 4, 540 LF $ 5. 00 $ 22, 700. 00 4 Dewatering( budget) 4, 540 LF $ 75. 00 $ 340, 500. 00 Subtotal Roadway 1, 450, 765. 00

STORM DRAIN
15 15" Storm Drain Pipe 390 LF $ 34. 00 $ 13, 260. 00
16 18" Storm Drain Pipe 980 LF $ 46. 00 $ 45, 080. 00
17 24" Storm Drain Pipe 850 LF $ 65. 00 $ 55, 250. 00
18 30" Storm Drain Pipe 140 LF $ 80.00 $ 11, 200. 00
g Catch Basins( type A inlet) 23 EA $ 2, 400. 00 $ 55, 200. 00 2p Catch Basins( type A inlet over type Il manhole base) 1 EA $ 5, 000.00 $ 5, 000. 00 2 Catch Basins( type C inlet overtype I manhole base) 1 EA $ 1, 200. 00 $ 1, 200. 00 22 Manholes ( type p 2 EA $ 3, 000.00 $ 6, 000. 00
23 Manholes( type ll) 1 EA $ 7, 500. 00 $ 7, 500. 00
24 Storm Drain Outfall 1 EA $ 10, 000. 00 $ 10, 000. 00 25 Cannect to Existing 5 EA $ 1, 700. 00 $ 8, 500. 00
Subtotal Storm Drain 218, 190 00

SANITARY SEWER
26 8" Sanitary Sewer Pipe 3, 800 LF $ 28. 00 $ 106, 400. 00 27 Manholes 21 EA $ 4, 000. 00 $ 84, 000. 00
28 Sewer Service 110 EA $ 600. 00 $ 66, 000. 00
29 Connect to Existing 6 EA $ 3, 000. 00 $ 18, 000. 00
Subtotal Sanitary Sewer 274, 400. 00
E20u STONERIDGE tv'.ALL RGA. 5! 1- E 330. PLEASANTOPJ. CA 94588 • P: 9? 5. 223. 834^u • F 09. 571. 246E T\ 25503- River Islands\ Phase 48- Vdlage GG\ Word& E cel\ Cost Estimzte\ Stage 28 Village GG Cost Ettimate\ Village GG NG1NE£ R1NG
Item Description Quantity Unit Unit Price Amount

WATER SUPPLY
30 8' Water Line( including aU appurtenances) 4, 710 LF $ 32. 00 $ 150,720. 00 31 8" GV 17 EA $ 1, 550. 00 $ 26, 350. 00
32 1- 1/ 2" Water Service 110 EA $ 2, 000. 00 $ 220, 000. 00 33 2" Water Service 2 EA $ 2, 000. 00 $ 4,000. 00
34 Fire Hydrants 11 EA $ 4, 000. 00 $ 44,000. 00
35 Blow- Off 7 EA $ 4,000. 00 $ 28, 000. 00
36 ARV 7 EA $ 2, 500. 00 $ 17, 500. 00
37 Connect to Existing 5 EA $ 4, 000. 00 $ 20, 000. 00
Subtotal Water 510, 570. 00

NON- POTABLE WATER
38 10" Non- Potable Water Line( including al! appurtenances) 230 LF $ 35. 00 $ 8,050. 00 39 Non- Potable Water Service 1 EA $ 2, 000. 00 $ 2,000. 00 40 Blow- Off 1 EA $ 4, 000. 00 $ 4, 000. 00
41 Connect to Existing 1 EA $ 300. 00 $ 300. 00
Subtotal Non- Potable Water 14, 350. 00
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 2, 469, 000. 00 COST PER LOT $ 22,445. 00
Notes:
1) Unit prices are based on estimated current construction costs and no provision for inflation is included. 2) This estimate does noi include surveying, engineering, clearing, grading, erosion control, tandscaping, irrigation, or street trees. 62CG St0 1FRIDGE MALL ROAD S 4TE 33D, PLEASAMTCN. CA9d53 c P 925= 23 83•i'? • F: 209. 57',. 2- 50 T\ 75503- Rrver Islands\ Pnase 48- Village GG\ N/ ord& Ezcel\ Cost Estimatc\ Stagc 28 Villagc GG Cost Estimate\ V Ilage GG

ATTACHMENT D

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
January 10, 2022
Via Email and Hand Delivery
Old Republic Title Company
1215 W. Center Street, Suite 103
Manteca, CA 95337
Attn: Lori Richardson
Re: Recordation of Final Map 4092; Escrow No. 1214022362 Dear Lori:

This letter constitutes the joint escrow instructions (" Escrow Instructions") of River Islands Stage 2B, LLC, a Delaware limited liability company (" RIS2B') and the City of Lathrop (" City') in connection with the above-referenced escrow ("Escrovd'). The Escrow was opened in connection with recordation of the above- referenced final map (" Final Map"). Recordation of the Final Map is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." Old Republic Title Company is referred to as " you" or " ORTC." A. Date for Closinqs
The Final Map will be recorded at the time designated by RIS2B as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by June 30, 2022, at the time designated in writing by RIS2B, subject to satisfaction of the conditions set forth below ( each a C/ osing'). If the Final Map has not been recorded by December 31, 2022, ORTC will return the Final Map to the City.

B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and RIS2B for recordation in the Official Records of San Joaquin County, California (" Official Records").

B. 1. One original Final Map for Tract 4092, executed and acknowledged by the City (provided to title by City).

B. 2. One original Common Use Agreement with Island Reclamation District No. 2062 for portions of Abernathy Court, including Offer of Dedication for Public Utility Easements ( provided to title by City).

The documents listed in Items B. 1 and B. 2 above are referred to as the " Recordafion Documents." The Recordation Documents shall be recorded in the order referred to above. The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.

C. Funds and Settlement Statement
You also have received, or will receive from RIS2B, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the settlement statement prepared by you and approved in writing by both RIS2B and City ("Seftlement Statemenf'): recordation costs, escrow fees and other 1 JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility of RIS2B.

Funds to be wire transferred directly to the entity set forth below, immediately upon recordation of the Final Map, in accordance with the wire transfer instructions for each entity are as follows: The amount of$ 39, 104. 00, payable to the City pursuant to that certain Agreement to Settle Litigation Regarding River Islands at Lathrop as amended " Sierra Club Agreemenf'), constituting the amount of $3,328. 00 multiplied by 11. 75 acres ( or portion thereof) included in the Final Map, is to be transferred to the City upon recordation of the Final Map. The City' s wire instructions are set forth below.

The amounts set forth in Section C are referred to as the " C/osing Funds." D. Closinq Requirements
When the following has occurred, you are authorized to close the Escrow at the time( s) and in accordance with the process set forth below:

D. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Susan Dell' Osso ( sdellosso@riverslands. com); ( b) Debbie Belmar dbelmar@riverislands. com); ( c) Brad Taylor ( btaylor@ci. lathrop. ca. us); ( d) Salvador Navarrete snavarrete@ci. lathrop. ca. us; e) Glenn Gebhardt qgebhardt@ci. lathrop. ca. us), ( f) Sandra Lewis ( slewis@ci. lathrop. ca. us), and have confirmation ( by telephone or email) from Susan Dell' Osso and Glenn Gebhardt or Brad Taylor that the Settlement Statement is accurate and acceptable; D. 2. You have not received any instructions contrary to these Escrow Instructions;
D. 3. The Recordation Documents and all other documents described herein as being held by you or delivered to you have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions; D. 5. You have delivered a copy of these instructions, executed by an authorized signatory of ORTC with authority to bind ORTC, and initialed all pages, by email transmission ( with original hard copy to follow by U. S. Mail) to Debbie Belmar and Glenn Gebhardt at the email addresses set forth above; and D. 6. You have received confirmation ( by email or other writing) from Susan Dell' Osso and Stephen Salvatore or Glenn Gebhardt to record the Recordation Documents and complete the Transaction.

E. Closinq Process and Priorities
When you have fuilly satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:

E. 1. Date the Recordation Documents to be recorded;
E. 2. Record the Recordation Documents in the Official Records; 2 JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
E. 3. Pay the costs associated with the Transaction;
E. 4. Refund any funds delivered to you by RIS2B that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:

River Islands Stage 2B, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attn: Susan Dell' Osso
E. 5. Notify Susan Dell' Osso ( sdellossoC riverslands. com), Debbie Belmar( dbelmar@riverislands. com), Glenn Gebhardt ( qqebhardt@ci. lathrop. ca. us), Brad Taylor( btaylor@ci. lathrop. ca.us), Sandra Lewis ( slewis@ci. lathrop. ca. us), Teresa Vargas tvargas@ci. lathrop. ca. us), Sarah Pimentel ( s imentel@ci. lathrop. ca. us), and Jose Molina (JMolina@sigov. orq) of the completion of the Transaction; E. 6. Within five ( 5) business days after each Recordation Date, deliver by overnight delivery via recognized, national, overnight delivery carrier to: ( 1) Susan Dell' Osso, River Islands Stage 2B, LLC, 73 W. Stewart Road, Lathrop, CA 95330; and 2) Mr. Glenn Gebhardt, City Engineer, City Attorney, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:

A) a certified copy of the Recordation Documents, showing all recording information of the Recordation Documents; and B) a certified copy of the final Settlement Statement.

F. Additionallnstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.

Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions where indicated below, initialing all pages and returning it to both of the undersigned.

The Escrow Instructions may be modified only in a writing signed by both of the undersigned.

Very truly yours,
Stephen J. Salvatore Date Susan Dell' Osso Date
City Manager President
City of Lathrop River Islands Stage 2B, LLC
3 JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)

ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:

Receipt of the foregoing Escrow Instructions from RIS2B and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of ORTC, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to RIS2B and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of ORTC.

Old Republic Title Company
By:
its:

Date:
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ATTACHMENT F

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees( GC 27383)

SPACE ABOVE THIS LINE FOR RECORDER' S USE

COMMON USE AGREEMENT
FOR THE STAGE 2B PORTION LEVEE EASEMENTS THAT AFFECT

ABERNATHY COURT

AND ADJACENT PUBLIC UTILITY EASEMENT

BY AND BETWEEN THE

CITY OF LATHROP
AND
ISLAND RECLAMATION DISTRICT NO. 2062
This COMMON USE AGREEMENT FOR ABERNATHY COURT AND ADJACENT PUBLIC UTILITY EASEMENT, associated with Phase 1 of River Islands at Lathrop entered into on January 10, 2022 (" Agreement") and is made and entered into by ISLAND RECLAMATION DISTRICT NO. 2062, a reclamation district organized under the laws of the State of California ( the District"), and the CITY OF LATHROP, a municipal corporation in the State of California ( the Clt/ n tOgOtllel' tlle PaT' t18S.

RECITALS
A. This Agreement relates to certain real property to be dedicated to City far public right of way purposes known as Abernathy Court, a cul- de- sac within the River Islands at Lathrop Master Planned Community (" River Islands Site"), being developed by River Islands Stage 2B, LLC (" Owner").

B. The Agreement also sets forth the process and includes a Grant Deed ( included herein as Exhibit" B" to this Agreement) from the underlying fee property Owner, that will dedicate public utility easements ( PUEs) adjacent to the rights of way of Abernathy Court that extend into the levee easement of the District.

C. On May 31, 2018, the District recorded easements across properties owned by Califia, LLC, and Owner for the right to control and maintain the levees constructed by District for flood protection purposes to protect development of both the Stage 2A and Stage 2B sub- planning areas of the River Islands Site (" Levee Easements").

D. Owner has proposed Tract 4092, a final map that will create a single-family subdivision within the Stage 2B sub- planning of the River Islands Site, specifically located within Village GG. Tract 4092 contains Abernathy Court, a cul- de- sac with PUEs that extend into a portion of the existing Levee Easements (" Village GG Portion of Abernathy Court"), as depicted on Exhibit" A" to this Agreement.

E. Since the Levee Easements have been recorded to provide appropriate legal access and authority to District for its flood protection works (" District Works") in accordance with the State Water Code and applicable FEMA regulations, and these levees are designed to provide 200- year Urban Level of Flood Protection ( ULOP) in accordance with approved State Department of Water Resources Standards, prior to the approval of Tract 4092 and the dedication of right of way for the Village GG Portion of Abernathy Court, the Parties acknowledge and agree that it is necessary for the Parties to enter into an agreement to outline the duties and responsibilities of each Party, for the betterment of the public and to avoid conflicts in each Party's individual obligations under applicable law to those portions of Abernathy Court right of way and PUEs located within portions of the Levee Easements(" Common Use Area") necessary for public utility services allowed and regulated by CITY.

AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the Parties do hereby agree as follows:

1. City hereby agrees to the construction, reconstruction, maintenance or use by District of the District Works located within the Common Use Area which is more particularly depicted on Exhibit " A" to this Agreement, incorporated herein by this reference.

2. District hereby agrees to the construction, reconstruction, maintenance or use by City of the Village GG Portion of Abernathy Court within the Common Use Area which is more particularly depicted on Exhibit " A" to this Agreement, incorporated herein by this reference.

3. District and City acknowledge the priority of title of each other wherever applicable to the Common Use Area.

4. District has reviewed the Village GG improvement plans for surface improvements, underground pipelines, street lighting, landscaping and joint trench construction prepared by O' Dell Engineering and Power Systems Design and has no objections to the design and proposed construction of the facilities on these improvement plans that are located within the Common Use Area.

5. In the event that the future use of the Village GG Portion of Abernathy Court shall at any time necessitate rearrangement, relocation or reconstruction of any of the District's works within the Common Use Area, City shall notify District in writing of such necessity pursuant to applicable sections of the Water Code and City agrees to pay the cost of such rearrangement, relocation or reconstruction of District' s works following approval of all plans and specifications of said rearrangement, relocation, or reconstruction by the District, which approval shall not be unreasonably withheld.

6. In the event that the future use of the District Works shall at any time necessitate rearrangement, relocation or reconstruction of any of the Village GG Portion of Abernathy Court within the Common Use Area, District shall notify City in writing of such necessity and District agrees to pay the cost of such rearrangement, relocation or reconstruction of Village GG Portion of Abernathy Court following approval of all plans and specifications of said rearrangement, relocation, or reconstruction by the City, which approval shall not be unreasonably withheld.

7. City shall pay the cost to maintain, repair or replace City' s facilities located in the Common Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by District, except for damage resulting from maintenance, repair or replacement by District.

8. District ar its assignees shall pay the cost to maintain, repair and replace District' s facilities located in the Common Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by City, excepting damage resulting from maintenance, repair or replacement by City.

9. District, when working within the Common Use Area shall comply with the following provisions:
a) Except in times of emergency, including during a high water or flooding event, District shall provide reasonable notice to City before performing any wark in the Common Use Area where such work will be performed in or on the traveled way or improved shoulders, sidewalk or landscaping of the roadway or will otherwise obstruct vehicular and/ or pedestrian traffic. b) In all cases, District shall make adequate provisions for the protection of the travelling public and provide such barricades and safety devices as are required by City standards, and in cases of non- emergency, provide a Traffic Control Plan as required by City standards and specifications. c) All work shall be planned and carried out so there will be minimum inconvenience to the traveling public.
d) All work shall be replacement in kind, conform to the existing facilities as to width and depth of surfacing thereof, meet all applicable City standards and specifications as determined by the City Engineer and shall be subject to inspection by City.

10. District and City shall use said Common Use Area in such manner as to not unreasonably interfere with the rights of either Party.

11. District shall not be responsible for any damage occurring to the Ciry facilities in the Common Use Area that are not as a direct result of the District' s maintenance, construction or reconstruction activities, or from its flood control facilities located on or near the Common Use Area. All costs for repairing such damage to City' s facilities shall be borne by City.

12. City shall not be responsible for any damage occurring to District facilities in the Common Use Area that are not as a direct result of the City' s maintenance, construction or reconstruction activities of its right of way ar improvements on or near the Common Use Area. All costs for repairing such damage to District' s facilities shall be borne by District. l3. District is responsible for maintaining the aesthetic, structural integrity, and safety of its pedestrian bridges constructed by District that may transverse City right of way, including the Village GG Portion of Abernathy Court, including, but not limited to the bridge decks, piers, foundations, railings, abutment walls, and ramps. City shall not be responsible for the inspection, maintenance or repair of any District pedestrian bridges, including safety inspections of the bridge structure, footings, or abutments.

14. District shall be responsible for the vegetation and weed control activities of its levee slopes and adjacent areas that may transverse the Common Use Area. City shall be responsible for any landscaping and irrigation improvements within its right of way, including within the Common Use Area. The City or its assignees shall become responsibility far weed control within portions of the Common Use Area that are landscaped by the City.

I5. Owner shall, for public purposes, dedicate the PUEs via Grant Deed included and incorporated herein as Exhibit " B" to this Agreement, for Abernathy Court. This Grant Deed shall be recorded concurrently with the recordation of the Tract 4092 final map.

16. To the extent that the City's rights to its rights of way and/ ar PUEs for Abernathy Court under the applicable laws of the State of Califarnia do not hinder or conflict with the rights of the District under applicable laws of the State of California, such rights of the District shall remain and be in full force and effect. Should any conflict with the rights of the City by rights of the District be identified, the District hereby subrogates its rights to the City, subject to review and approval of the District' s legal counsel.

17. This Agreement shall not have a prescribed term. Termination of Agreement shall only occur if the Common Use Area ceases to be in existence and the need for this Agreement and its rights and obligations contained herein cease to be necessary. Either Party may provide written notice of such termination, subject to review and verification of the other Party.

18. Notices. Any and all notices required to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing:

City of Lathrop
Attention: City Clerk
390 Towne Centre
Lathrop, CA 95330
Reclamation District No. 2062
73 West Stewart Road
Lathrop, CA 95330
Attention: President

19. This Agreement, and all terms, covenants, and conditions hereof, will apply to and bind the successors and assigns of the respective parties hereto. Neither Party will assign nor sublet this Agreement without the prior written consent of the other Party.

20. This Agreement is governed by California law.

21. This Agreement may not be modified or amended except in writing signed by both parties.

22. Each party must, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all Federal, State and local laws, statutes, orders, ordinances, rules, and regulations.

23. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee or other interest in a party' s real property to the other Party.

24. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes all prior written or oral understandings.

IN WITNESS WHEREOF, the City and District have signed this Agreement effective as of the Effective Date.

CITY OF LATHROP
A California municipal corporation
By:

Stephen Salvatore, City Manager

ISLAND RECLAMATION DISTRICT
NO. 2062 a California reclamation
district
By:

Susan Dell' Osso, President
ATTEST:

B y:

Teresa Vargas, City Clerk
APPROVED A O FORM BY THE C Y OF LATHROP CITY ATTORNEY:

By:

Salvador V. Navarrete, City Attarney
EXHIBIT " A"

COMMON USE AREA DEPICTION
S7AGE 2B LEVEE EASEMENT
RARCEI 20 PUBUC UTlLITY EASEMENT PARCEL 2p
TRACT 4032)
r
04 S. F. t
TRACT 4032)
N82 5 8" W R N34' 35'____ 39" yy( R TOE Of EXISTING
STAGE 2B LEVEE
N31° 34' 36" E 48.48'
L4 G' C p, PARCEL E
3 CITY FARCEL
N31° 34' 36" E 71. 64'
7RACT 409t)
o N67'____ Q7' 3g" E R LL1 J L5 l.6
PARCEL F N75' 49' 12"
oy
L2
CITY PARCEC NO3' S8' 26" E R
y TRACT 4091) S E E
2D pd P` S

PARCEL D
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D E T A I j TRACT 4pg1)
1 o
Poc 50
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0 I y i
TRAGT 4092)
i (TRACT 4092)
52 O
C 49
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LINE TABLE CURVE TABLE
2 g
LENE# DIRECTION LENGTH CURVE# RADIUS DELTA LENGTH
J
Li S31° 34' 36" W 13. 00' C 1 50. 00' 91° 30' 49" 79.86' i
N
o
L2 S31° 34' 36" W 13. 00' C2 60. Q0' 30° 37' 13" 32. 07' 0 v
15 30
a
Q
L3 N37° 59' 49" E 23. 90' C3 60. 00' 30° 37' 13" 32. 07' SCALE: 1^= 30'
L4 N31° 34' 36" E 2• 2'
pARCEL20 G1
LEGEND
L5 N31° 34 36° E 12. 4$ I
ppg POW70F BGMNENGE
L6 N22° 36' 23" E 19. 24'
P. U. E. PUsuC UTfl rr EnSE N7

PARCEL F R) RADIAL BEARING
c TOTAL
3 L7 N32° 24' 12" E 2000' S. F. SQUAREFEEr
N 51
o DETAIL
NTS
DESCRIPTION: CaMMON USE AGREEMENT
i 165 Scenic Drive, Suite A
Modesto, GA 95350 SCALE: " - 3Q' DATE: DEC. i 6, 2021
MO
N G 1 N E E fZ 1 N G odelien ineerin com
JOB NO.: 25503
cv 9 9•
FILE: 255Q3- FM- TRACT 4092_ CUA. DWG
EXHIBIT " B"

GRANT DEED FOR DEDICATION OF PUBLIC UTILITY EASEMENTS

RECORDING REQUESTED BY, AND
WHEN RECORDED MAILTO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees( GC 27383J
APN: SPACE ABOVE THIS LINE FOR RECORDER' S USE
Offer of Dedication
for Public Utility Easements
Final Map 4092)
THIS INSTRUMENT BENEFITS THE CITY ONLY. NO FEE REC UIRED.

THE UNDERSIGNED GRANTOR( S) DECLARE( S): DOCUMENTARY TRANSFER TAX IS$ computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at time of sale.

Unincorporated area ( X) City of Lathrop
For a valuable consideration, receipt of which is hereby acknowledged, RIVER ISLANDS STAGE 2B, LLC, a Delaware limited liability company, " Grantor( s)", hereby grants to CITY OF LATHROP, a California municipal corporation " Grantee", for public purposes, a non- exclusive public utility easement together with the right to construct, reconstruct, repair and maintain, poles, wires, cables, pipes, and conduits and their appurtenances upon ( the" Public Utility Easement") over all that real property situated in the State of California, County of San Joaquin, City of Lathrop and more particularly described as follows:

See attached Exhibit" A"
In witness whereof the undersigned have executed this instrument on January_, 2022.

Grantor( s):

RIVER ISLANDS STAGE 2B, LLC,
a Delaware limited liability company
By:

Susan Dell' Osso, President
Notary Acknowledgment Required for each Signatory)
EXHIBIT " A"

LEGAL DESCRIPTION
JN 25503
December 16, 2021

EXHIBIT A

LEGAL DESCRIPTION
DEDtCATiON OF PUBLIC UTfLiTY EASEMENT
PARCEL 20, TRACT 4032 ( 43 M& P 142}
RIVER ISLANDS- STAGE 2B

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA

CERTAIN REAL PROPERTY SITUATE IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PUBI. IC UTILITY EASEMENT{ ABERNATHY COURT)
BEING A PORTION OF PARCEL 20 AS SAID PARCEL IS SHOWN ON TNE MAP ENTITLED' TRACT 4032, RIVER ISLANDS- STAGE 26, LARGE LOT FINAL MAP", FILED OCTC} BER 8, 2020, IN BOC1K 43 OF MAPS AND PLATS, AT PAGE 142, OFFICIAL RECORDS OF SRN JOAQUIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF THE ABERNATHY COURT CUL DE SAC AS SHOWN ON THE MAP ENTITLED" TRAGT 4092, RIVER ISLANDS- STAGE 2B, V{LLAGE GG2" FILED 2021, IN BOOK,_ OF MAPS AND PLATS, AT PAGE_, OFFICIAI. RECORDS OF SAN JOAQUIN COU NTY;
THENCE, A ONG A RADIAL BEARING OF NORTH 12°40'00" WEST, A DISTANCE OF 50.00 FEET TO AN ANGLE POINT IN 7HE EASTERLY LINE OF SAID PARCERL 20, ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;
THENCE A ONG SAID EASTERLY LINE OF PARCEL 20, ALONG A NON- TANGENT CURVE TO THE LEFT, HAV{ NG A RADIUS OF 50.(10 FEET, FROM WN{ CH THE CENTER OF SAID CURVE BEARS SOUTH 12°40'00" EAST, THROUCH A CENTRAL ANGLE OF 91° 30'49", AND AN ARC DI5TANCE OF

79. 86 FEET;
7HENCE, CONTINUING ALONG SRID EASTERLY LINE OF PARCEL 20, SOUTH 31° 34' 36" WEST, A DISTANCE OF 13. 00 FEET;

THENCE, LEAVING SAID EASTERLY LINE, ALONG A NON- TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 60. 00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 67° 47' 3$" EAST, THROUGH A CENTRAL ANGLE OF 30° 37' 13", AND AN ARC DISTANCE OF 32. 07 FEET TO THE TOE OF THE EXISTING STAGE 2B LEVEE;
THENCE, ALONG SAID LEVEE TOE, NORTH 31° 34' 36" EAST, A DISTANCE OF 48.48 FEET; THENCE, I.EAVING SAID LEVEE TOE, ALUNG A NON-TANGENT CURVE TO THE RIGHT, HAVfNG A RRDIUS OF 60.00 FEET, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 34° 35'39" EAST, THROUGH A CENTRAL ANGLE OF 30°37' 13", AND AN ARC LENGTH OF 32.07 FEET TO THE EASTERLY LINE OF SAID PARCEL 24;
THENCE, ALONG SAID EASTERLY LINE, SOUTH 31° 34' 36" WEST, FOR A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING.

CONTRINING 804 SQUARE FEET, MORE OR ESS.

PLAT OF THE AB4VE ESCRIBED EASEMENT IS ATTACHED HERETO RS EXHIBIT B ANC BY THIS REFERENCE MADE A PART HEREOF.

25503- LEGAL- VILLAGE GG2_ CUA
JN 25503 December 16, 2021

END DESCRIPTION
THIS DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, ! N CONFORMANGE WITH THE REQUIREMENTS OF THE PROFESSIONAL AND SURVEYOR' S ACT.

PL LAND
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WILLIAM M. KOCH No. 8092 ,* DATE
PROFESS40NAL LAND SURVEYOR
CALIFORNIA NO. 8092 9rE• aF GA F
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S7AGE 2B LEVEE EASEMENT
PARCEL 20 PU6UC UTlLITY EASEMENT PAR EL 2p
TRACT 4032)
04 s.F. t
CrRACT 4032)
N$ 215 8 W R N34' 35' 39 W R TOE OF EXIStlNG
1 STAGE 2B LEVEE
N31° 34' 36" E 48. 48'
L4 G2 PARCEL E ^ C 1 C'
3 CI TY PARCEL
tO TRACT 4091) N31° 34' 36" E 71. 64'
N67' 07 3g E I
LL1 J L5 L
PARCEL F N75' 49' 12" E( R) Qy ,
2 CITY PARCEL NO3_____ 58' 26" E R
TRACT 4091) S E E p,0 o POB--
cL Q PARCEL D
1 D E T A I L j TRAC7 4091)
51 m N
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Poc 50
0 I
TRACT 4092)
a
i (TRACT 4092)
52 N 49
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LINE TABLE CURVE TABLE
W
Z ,%'
g
LINE# DIRECTION LENGTH CURVE# RADIUS DELTA LENGTH
J
Li S31° 34'36"W 13. 00' C1 50. 00' 91° 30' 49" 79.86"
i
N
o
L2 S31° 34' 36" W 13. 00' C2 60. 00' 30° 37' 13" 32.07' 0 15 30 Q
L3 N37° 59' 49" E 23. 90' C3 60. 00' 30° 37' 13" 32. 07' SCAIE: 1•= so•
L4 N31° 34' 36" E 2• a2'
pqRCEL20 ` LEGEND
L5 N31° 34' 36" E 12. 48' POC P INT OF COMMENCEMENT
L' I

POB POINTOFBEGINNING
L6 N22° 36' 23" E 19. 24'
P. uE. Puauc usi m EnsE Er
PARCEL F Ra RADIAL BEARING
i
3 L7 N32° 24' 12" E 20. 00' S. F. SQUAREFEET
N 5t — — — — —
a DETAIL
NTs EXNIBIT B
DESCRIPTION: COMMON USE AGREEMENT
1165 Scenic Drive, Suite A
o
Modesto, CA 95350 C- E 1" = 30' DATE: OEC. i 6, 2021
Of
JOB NO.: 25503
N N G 1 N fZ 1 N G odellengineering. com r
FILE: 25503— FM—TRACT 4092_ CUA. DWG