ITEM 4. 11
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PARCEL MAP 21- 03 AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE SCANNELL
PROPERTIES INDUSTRIAL PRO7ECT LOCATED AT
1520 LATHROP ROAD
RECOMMENDATION: Adopt Resolution Approving Parcel Map 21- 03 and Subdivision Improvement Agreement with Scannell
Properties # 478, LLC for the Scannell Properties
Industrial Project Located at 1520 Lathrop Road
SUMMARY:
Scannell Properties # 478, LLC ( Scannell), requests approval of Parcel Map 21- 03 Parcel Map), included as Attachment " B", to subdivide four ( 4) industrial lots located at 1520 Lathrop Road. As required by the City' s subdivision ordinance, approval of the Parcel Map must also involve approval of a Subdivision Improvement Agreement SIA), included as Attachment " C", to guarantee certain off- site and on- site improvements associated with the Parcel Map. A Vicinity Map is included as Attachment D".
Staff recommends that City Council approve the proposed Parcel Map 21- 03 and a Subdivision Improvement Agreement with Scannell so that development of this project can proceed.
BACKGROUND:
On September 15, 2021, the City of Lathrop Planning Commission approved the Scannell Properties Industrial Project, which included a General Plan Amendment GPA- 20- 139), Rezone ( REZ- 20- 140), Site Plan Review ( SPR20- 141) and Tentative Parcel Map ( TPM- 20- 142). On November 8th, 2021, the City Council of the City of Lathrop adopted Resolution No. 21- 4985 to approve the Tentative Parcel Map 20- 142 TPM") for the Scannell Properties Industrial Project. Scannell requests approval of Parcel Map 21- 03 ( Parcel Map), included as Attachment " B", to subdivide four ( 4) industrial lots located at 1520 Lathrop Road.
As required by the City' s subdivision ordinance, all maps must include an SIA to guarantee specific offsite and onsite improvements. Performance and labor & material securities have been provided to the City with the SIA in the amount of:
Im rovement Total: 758, 610
Performance Bond ( 110% of Unfinished Improvements): 834, 471 Labor & Material Bond 50% of Performance Bond : 417, 235 CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PARCEL MAP 21- 03 AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE SCANNELL PROPERTIES INDUSTRIAL PRO7ECT LOCATED AT 1520 LATHROP ROAD
Acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the improvements are completed. Prior to acceptance, Scannell wili be required to provide a one ( 1) year warranty bond.
REASON FOR RECOMMENDATION:
Scannell has fulfilled the requirements of the City' s subdivision ordinance as listed below:
Documents Status
l. Parcel Map ready for signature Completed
2. Subdivision Improvement Agreement Completed
3. Faithful Performance and Labor & Materials Security Received
4. Pump Station, Forcemain and Driveway Plans Completed
5. Geotechnical Report Completed
6. Allocation of Water and Sewer capacity Completed
Fees Status
1. Parcel Map plan check fee Paid
2. Improvement Plans - Plan check and inspection fees Paid FISCAL IMPACT:
There is no budget impact to the City as all costs are covered by development fees.
Scannell will enter into a future Community Facilities District prior to certificate of occupancy of the first building to ensure the availability of any maintenance costs that exceed the development fees.
ATTAC H M E N TS:
A. Resolution Approving Parcel Map 21- 03 and Subdivision Improvement Agreement with Scannell Properties # 478, LLC for the Scannell Properties Industrial Project Located at 1520 Lathrop Road
B. Parcel Map 21- 03
C. Subdivision Improvement Agreement by and between the City of Lathrop and Scannell Properties # 478, L C, an Indiana limited liability company for Parcel Map 21- 03 - 1520 Lathrop Road
D. Vicinity Map - Scannell Properties Industrial Project CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PARCEL MAP 21- 03 AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE SCANNELL PROPERTIES INDUSTRIAL PROJECT LOCATED AT 1520 LATHROP ROAD
APPROVALS:
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Brad Taylor Date
City Engineer
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Cari Jam Date
Finance rector
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
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Ste en J. Salvatore Date
City Manager
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RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING PARCEL MAP 21- 03 AND SUBDIVISION IMPROVEMENT AGREEMENT WITH SCANNELL PROPERTIES # 478, LLC FOR THE SCANNELL PROPERTIES INDUSTRIAL PRO7ECT LOCATED AT 1520 LATHROP ROAD WHEREAS, on September 15, 2021, the City of Lathrop Planning Commission approved the Scannell Properties Industrial Project ( Scannell), which included a General Plan Amendment ( GPA- 20- 139), Rezone ( REZ- 20- 140), Site Plan Review SPR20- 141) and Tentative Parcel Map ( TPM- 20- 142); and WHEREAS, on November 8th, 2021, City Council adopted Resolution No. 21- 4985 to approve the Tentative Parcel Map 20- 142 (' TPM") for the Scannell Properties Industrial Project; and
WHEREAS, Scannell Properties # 478, LLC ( Scannell), requests approval of Parcel Map 21- 03, to subdivide four (4) industrial lots located at 1520 Lathrop Road; and
WHEREAS, as required by the City' s subdivision ordinance, all maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements. Performance and labor & material securities have been provided to the City with the SIA in the amount of:
Im rovement Total: 758, 610
Performance Bond 110% of Unfinished Im rovements : 834, 471 Labor & Material Bond 50% of Performance Bond : 417, 235 WHEREAS, acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the improvements are completed.
Prior to acceptance, Phelan will be required to provide a one ( 1) year warranty bond.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop approves the following actions:
1. The Parcel Map 21- 03 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 Scannell Properties # 478, LLC, in substantially the form as attached to the August 8, 2022 staff report, the file executed copy will be filed with the City Clerk.
The foregoing resolution was passed and adopted this 8th day of August 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
ATTACHMENT B
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ATTACHMENT C
SUBDIVISION IMPROVEMENT AGREEMENT
BY AND BETWEEN THE CITY OF LATHROP AND
SCANNELL PROPERTIES # 478, LLC, AN INDIANA LIMITED LIABILITY COMPANY FOR PARCEL MAP 21- 03— 1520 LATHROP ROAD
This Subdivision Improvement Agreement (" AgreemenP') is made and entered into this eighth ( 8`') day of August, 2022 (" Effective Date"), by and between the CITY OF LATHROP, a municipal corporation of the State of California (" CITY") and Scannell Properties # 478, LLC, an Indiana limited liability company (" SUBDIVIDER").
RECITALS
A. On November 8r", 2021, the City Council of the City of Lathrop adopted Resolution No. 21- 4985 to approve the Tentative Parcel Map 20- 142 (" TPNI") for the Scannell Properties Industrial Project (" Scannell" or " Project Site"). Parcel Map 2l- 03 (" Parcel Map"), containing four ( 4) commercial/ industrial lots, was approved by City staff and will be presented to City Council for approval on August 8`", 2022. The Parcel Map is attached hereto as Exhibit A to this Agreement and hereby incorporated herein by this reference.
B. SUBDIVIDER is the record owner of all four ( 4) lots shown on the Parcel Map, and therefore is responsible for compliance with all conditions of approval attached to the TPM, including, without limitation, the construction of specified Improvements ( as that term is defined below) as described more fully herein. Notwithstanding anything to the contrary in the foregoing, the parties acknowledge that SUBDIVIDER' s construction obligations set forth herein are subject to fee credits and/ or reimbursement to the extent CITY andlor third party properry owners benefit from SUBDIVIDER' s construction of the Improvements, as will be more fully set forth in a Scannell Properties Reimbursement Agreement.
Subdivision Improvement Agreement ( Scannell Properties# 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
C. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make certain offers of dedication and to construct certain Improvements required under the Conditions of Approval on the TPM ( collectively, " COAs") and as identified in the Parcel Map and this Agreement. For purposes of this Agreement, the term Improvements" shall collectively mean all public improvements required under the COAs and as expressly set forth in this Agreement that will provide services and access to lots within the Parcel Map, and which are specifically shown on the City- approved improvement plans for on- site and off-site backbone infrastructure improvements that are identified and/ or referenced in attached EXhibit B ( collectively, " Improvement Plans"). Any portion( s) of said Improvements not completed and accepted by CITY as of August 31, 2023 ( subject to any extension( s) granted hereunder) shall be considered past due and a default of the SUBDIVIDER thereby automatically triggering a claim against the performance bond posted with the CITY pursuant to this agreement.
For puiposes of this Agreement, " substantially complete" shall mean that the Improvement( s) at issue may be used for their intended purpose( s). To ensure construction of the Improvements as contemplated herein occur, SUBDIVIDER shall be required to post acceptable bond( s) and/or other acceptable letter( s) of credit or guarantee in the amount( s) specified herein ( collectively, Security").
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
AGREEMENT
NOW, THEREFORE, in consideration of CITY' S pending ( 1) approval of the Parcel Map on August 8th, 2022 and subsequent recordation; and ( 2) approval and acceptance of the Improvements upon their satisfactory completion or guarantee of completion, and in consideration of SUBDIVIDER' S construction of Improvements in accordance with the terms of this Agreement and all applicable laws and regulations, the parties hereto mutually covenant and agree as follows:
l. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the Improvements for the four (4) lots within the Parcel Map in accordance with the provisions of this Agreement. All Improvements shall be constructed to the reasonable satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the approved Improvement Plans and Specifications, the applicable improvement standards and specifications of the CITY' S Department of Public Works, the applicable Oi-dinances of the City Lathrop, and the applicable provisions of the California Subdivision Map Act.
2. SUBDIVIDER shall complete and City shall have accepted all Improvements by August 3l, 2023, subject to any extension( s) provided for herein and as otherwise expressly provided for in this Agreement. Provided, however, that said deadline shall be extended for twenty- four ( 24) months Lipon SUBDIVIDER' s request to CITY, supported by reasonable documentation that it is using commercially reasonable efforts to complete same and have said Improvements accepted by CITY.
3. SUBDIVIDER shall remove any existing well sites as may be reqliired in accordance with applicable laws and regulations, including those required by the County Environmental Health Department.
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
SUBDIVIDER shall convey any and all groundwater rights associated therewith to CITY via the Parcel Map.
4. SUBDIVIDER shall purchase and allocate wastewater treatment capacity to Parcels 1, 2, and 3 prior to the recordation of the Parcel Map; the quantities and costs are shown in Table 1 below. Parcel 4 will be utilized as a storm drain retention basin and therefore does not require wastewater treatment.
Table 1 — Wastewater Quantity and Cost
Parcel Acreage Gallons Per Day ISU' s Cost
355GPD/ Acre) ( lISU= 240GPD) ($ 9, 719/ ISU)
1 6. 46 2, 293. 3 9. 56 92, 869. 09
2 5. 58 1, 980. 9 8. 25 80, 218. 20
3 3. 50 1, 242. 5 5. 18 50, 316. 07
223, 403. 36
5. SUBDIVIDER shall purchase and allocate water capacity to Parcels 1, 2, 3, and 4 prior to the recordation of the Parcel Map; the quantities and costs are shown in Table 2 below.
Table 2— Water Quantity and Cost
Parcel Acreage Gallons Per Day Cost
926GPD/ Acre) ($ 14. 62/ GPD)
1 6. 46 5, 982. 0 87,456. 84
2 5. 58 5, 167. 1 75, 543. 00
3 3. 50 3, 241. 0 47, 383. 42
4 2. 52 2, 333. 5 34, 115. 77
244, 499. 03
6. 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 SUBDIVIDER to ensure that the construction of the Improvements is in a good and workmanlike manner.
7. CITY' S acceptance of the Improvement( s) does not operate as a release of SUBDIVIDER from any guarantee hereunder that expressly survives said acceptance.
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
8. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any known defects in work or labor done, and from any defects in materials furnished. Further, SUBDIVIDER shall repair the Improvements in good condition and in accordance with CITY' s applicable specifications for one ( 1) year after CTTY' S acceptance of the Improvements.
9. SUBDIVIDER shall annex into a Community Facilities District (CFD) for public maintenance prior to issuance of final Certificate of Occupancy for the first building within the Parcel Map boundary.
10. Prior to acceptance of Improvements, SUBDIVIDER sha11 deposit with the City Engineer a Warranty Bond in the amount being equal to approximately ten percent ( 10%) of the estimated cost of the Improvements. The Warranty Bond shall be in place for a period of one ( 1) year after CTTY' s acceptance of the Improvements. The total amount of said Security is set forth in Paragraph 15, to ensure SUBDIVIDER' S repair of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one ( 1) year guarantee period provided there are no claims against it then outstanding.
11. Because some of the Improvements ace required to provide access and necessary utilities to the Project Site, CITY shall have the right to withhold the issLlance of certificate( s) of occupancy for any structure( s) that is intended to be occupied within the Project until the Improvements are substantially complete and accepted, except in the case of any one of the following:
a. Unreasonable delay(s) on behalf of CITY in its acceptance of same, defined to mean a delay that lasts for more than three ( 3) months after the below- identified Improvements are substantially complete; or
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
b. Unreasonable delay( s) caused by Force Majeure.
Notwithstanding anything to the contrary in the foregoing, if any event listed in subsections ( a) or b) above, CITY unreasonably delays its acceptance of all or any portion of the above- referenced Improvement( s) such that acceptance does not occur within three ( 3) months of when the Improvement( s) are substantially complete, then CITY shall not be permitted to withhold building certificate( s) of occupancy and instead CITY shall issue said certificate( s) of occupancy upon SUBDIVIDER' s formal submittal for an application for same. By the execution and recordation of this Agreement in the Official Records of San Joaquin Counry, SUBDIVIDER and any subsequent purchaser of the lot( s) within the Parcel Map are deemed to have accepted the foregoing limitation on issuance of certificate( s) of occupancy for structures intended to be occupied within the boundaries of the Parcel Map.
12. If, after receipt of written notice from CITY that SUBDIVIDER: ( a) has failed to substantially complete construction of the Improvements within the time specified in this Agreement( subject to any extension( s) provided for hereunder), and SUBDIVIDER does not cure said failure within ninery (90) days ( or, if said failure cannot be cured within this time frame, then the cure is commenced within that 90- day period and diligently prosecuted thereafter), or ( b) has failed to repair, replace or reconstruct any defects, as set forth in Paragraph 9 above and fails to cure same within ninety ( 90) days ( or, if said failure cannot be cured within this time frame, then the cure is commenced during this 90- day period and diligently prosecuted thereafter) after receipt of written notice from CITY re same, C1TY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the outstanding Improvement( s), either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any Security deposited as required herein as is necessary to cover the actual costs of completion, repair, replacement, and/ or Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
reconstruction of said outstanding Improvements incurred by CITY( as well as administrative costs as specified below). Once action is taken by CITY to complete, repair, replace and/ or reconstruct all or any portion of the Improvement( s), SUBDIVIDER shall be responsible for all actual costs incurred by CITY in connection therewith up to the amount of the Security provided for hereunder, even if SUBDIVIDER subsequently substantially completes the construction of ( or the repair, replaceinent and/ or reconstruction, if applicable) the Improvements. CITY' s recourse against SUBDIVIDER for failure to substantially complete ( or the repair, replacement and/ or reconstruction, if applicable) the Improvements shall be limited to the Security ( i. e., any letter of guarantee, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) provided for under this Agreement. The parties acknowledge and agree that any and all administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499. 4, actually incurred by CTTY, in addition to the actual costs of the Improvements that CITY is required to complete, repair, replace and/ or reconstruct shall be a proper charge against the Security provided for hereunder. If it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such Improvement( s), SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all othel• expenses of litigation incurred by CITY in connection therewith if and to the extent CITY prevails in such action.
13. SUBDIVIDER shall furnish and deliver to CITY, prior to CITY' s approval of the Parcel Map, the good and sufficient surety bonds and undertakings issued by a company duly and regularly authorized to do a general surety business in the State of California, on a form reasonably approved by the CITY, in the amount( s) for each identified category of Improvements as detailed below in Table 3 and in Exhibit D.
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
Table 3— Bond Values
Im rovement En ineer' s Estimate 758, 610
Improvement Performance Guarantee
g34, 471
110°Io of Engineer' s Estimate)
Improvement Labor & Materials Guarantee
417, 235
50% of Performance Guarantee)'
14. SUBDIVIDER shall comply with CITY' S insurance requirements set forth on Exhibit C, attached hereto and incorporated herein.
15. In connection with SUBDIVIDER' s obligation to obtain the Security hereunder, SUBDIVIDER shall ensure ( as documented by provision( s) in the Security instrument( s) that are consistent with this Paragraph 14) that each such surety ( a) shall not be exonerated or otherwise released from liability under the applicable Securiry instrument( s) as a result of changes to the linprovement Plans and/ or this Agreement that are approved by SUBDIVIDER and CTTY, and (b) shall consent to any such changes to the Improvement Plans and/ or this Agreement and waive the provisions of California Civil Code section 2819.
16. Neither CTTY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, andlor SUBDIVIDER' 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.
17. Neither CITY nor any of its officers, employees, or agents, shall be liable to SUBDIVIDER or to any person, entity, or organization, for any injuiy or damage that inay 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.
l8. SUBDNIDER 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 arises from SUBDIVIDER and/ or SUBDIVIDER' S Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by SUBDNIDER or by any of SUBDIVIDER' S 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 of any type that maybe brought or instituted against CITY and Indemnitees on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indeinnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER' S pet-formance or non-performance of its duties and obligations under this Agreement, or from the negligent act or omission of itself, its agents, contractors, representatives, servants ar employees, except in the event and to the extent said claims resulted from the gross negligence or willful misconduct of CITY. The promises and agreement to indemnify and hold harmless set forth in this Paragraph 17 are not conditioned or dependent on whether ar not any indemnity has prepared, supplied or approved any plan ar 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 inay have by reason of the aforesaid hold harmless agreement, becalise of the acceptance by CITY of any deposit with CITY by SUBDIVIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of evei-y kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this Paragraph 17, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
19. 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.
20. Prior to acceptance of the Improvements by the City Council, SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the Project Site. SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a wl-itten determination that all obligations of the Agreement have been satisfied and all outstanding CITY fees and charges have been paid, and the City Council has accepted the Improvements as complete.
21. SUBDIVIDER shall pay applicable service fees for the utility services from the time the Improvements are accepted by CITY to the end of the fiscal year in which CITY accepts same, 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.
22. SUBDIVIDER sha11 not assign this Agreement without the prior written consent of CITY, which such consent shall not be unreasonably delayed, conditioned or denied. 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 SUBDIVIDER shall be jointly and severally liable hereunder unless SUBDIVIDER and its assignee have executed an Assumption and Assumption Agreement in which case SUBDIVIDER shall be released from all of its obligations hereunder so assigned to the assignee. Notwithstanding anything to the contrary in the foregoing, SUBDIVIDER shall be permitted to assign its rights and obligations under this Agreement to any " Affiliate", which is defined to mean an entity or person that is directly or indirectly Controlling, Controlled by, or Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
under common Control of SUBDIVIDER. The term " Control" as used herein, shall mean the power to direct the day- to- day management of SUBDIVIDER, and it shall be a presumption that Control with respect to a corporation or limited liability company is the right to exercise, directly or induectly, more than fifty percent ( 50%) of the voting rights attributable to the Controlled corporation or limited liability company, and, with respect to any individual, partnership, trust, other entity or association, Control is the possession, indirectly or directly, of the power to direct or cause the direction of the day- to- day management of the controlled entity.
23. SUBDIVIDER shall, at its eXpense, require all contractors and sub- contractors to obtain and maintain all necessary permits and licenses for construction of the Improvements. Prior to the commencement of Improvement construction, SUBDIVIDER ( and its General Contractor/ subcontractois to the extent required under applicable law) shall obtain a City of Lathrop Business License. SUBDIVIDER shall comply with all applicable local, state and federal laws whether or not said laws are expressly stated in this Agreement.
24. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the subject matter of this Agreement.
25. Notices. For purposes of this Agreement, " fzotice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in writing and shall be sent to the below addresses or at such other addresses as either party may later specify for that purpose. All notices required or permitted under this Agreement shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx ar UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:
Subdivision Improvement Agreement ( Scannell Properties# 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
If to City: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Manager
Email: citymanager@ci. lathrop. ca. us
With a
copy: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvador Navarrete, City Attorney
Email: snavarrete@ci. lathrop. ca. us
If to SUBDIVIDER: Scannell Properties # 478, LLC
3468 Mt. Diablo Blvd. Suite B- 115
Lafayette, CA 94549
Attn: Paul Starn
Email: phstartn@ mail. com
The date of any notice shall be the date of receipt, provided that, rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either party may change its address far notice by giving notice to the other party in accordance with this Paragraph 24.
25. The following miscellaneous provisions are applicable to this Agreement:
a. Controllin 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. Exhibits. The following exhibits are attached to this Agreement and are incorporated to this Agreement by this reference:
EXHIBIT A: PARCEL MAP No. 21- 03
EXHIBIT B: LIST OF APPLICABLE PLANS AND SPECIFICATIONS FOR
IDENTIFIED IMPROVEMENTS
EXHIBIT C: CITY INSURANCE REQUIREMENTS
EXHIBIT D: ENGINEERS ESTIMATE FOR OFFSITE IMPROVEMENTS
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
d. Force Maieure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism; epidemics; quarantine restrictions; freight embargoes; materials shortages and/ or inability to obtain materials due to tariffs, governmental restrictions or priority; unusually severe weather; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entiry (except that acts or failures to act of CITY shall not excuse performance by CITY); or moratorium ( each a " Fo• ce Majeure Delay").
An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice ( as that term is defined above) by the party claiming such extension is sent to the other party within sixty ( 60) days of the commencement of the cause.
e. Headin s. The paragraph headings are not a part of this Agreement and shall have no effect upon the constructioi or interpretation of any part of this Agreement. f. Incorporation of Documents. All documents refexred to herein and all documents which may, fi-om 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. g. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such inodification is agreed to in writing and signed by the parties. h. Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenfarceable, the provisions of this Agreement not so Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
affected shall remain in full force and effect.
i. 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.
j. 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 SatLirday, Sunday or any day observed as a legal holiday by CITY, the time for performance shall be extended to the following business day.
k. 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.
SIGNATURE ON FOLLOWING PAGE
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 8`h day of
August, 2022, at Lathrop, California.
CITY OF LATHROP,
A California municipal corporation of the
State of California
By:
Stephen J. Salvatore Date
City Manager
ATTEST:
City Clerk of and for the City
of Lathrop, State of California
B y:
Teresa Vargas Date
City Clerk
APPROVED AS TO FO M BY THE CITY OF LATHROP CITY ATTORNEY By. L6 - Z.oZZ
Salvador Navarrete Date
City Attorney
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
SUBDIVIDER
SCANNELL PROPERTIES # 478, LLC,
An Indiana limited liability company
B y:
EXHIBIT A
PARCEL MAP NO. 21- 03
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EXHIBIT B
LIST OF APPLICABLE PLANS AND
SPECIFICATIONS FOR IDENTIFIED IMPROVEMENTS
1. City of Lathrop — 1520 Lathrop Road— Sanitary Sewer Pump Station— APN: 198- 040- 14 ( Dated March 2022)
2. Improvement Plans— 1520 Lathrop Road— Offsite Sanitary Sewer Forcemain— Lathrop, California ( Dated March 2022)
EXHIBIT C
SUBDIVIDER shall obtain commercial general liability insurance companies licensed to do business in the State of Califarnia with an A.M. Best Company 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 One Million Dollars ($ 1, 000, 000) for each occurrence and Two Million Dollars ($ 2,000,000) in the aggregate.
Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements. Both parties to the Subdivision Improvement Agreement must be named as additional insured on the policy, unless such policy includes a blank additional insured endorsenient. The policy endorsements to be attached to the certificate must:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional 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 inaintained 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 ptovide to the City at least thirty ( 30) days prior notice of cancellation or materia] change in coverage." The above language can be included on the additional insured endorsement form ar on a separate endorsement form; d. Contain a cross liability ar severability of interest clause; and e. Be maintained and evidence of insurance must be provided for one ( 1) year after CITY' s acceptance of the Improvements, so long as commercially available at reasonable rates.
Client#: 35303 SCANPRO
DATE( MM/ DD/ YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE s ozizo22 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 any rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
NAME: NTA r Nikki Eslick
EPIC Insurance Midwest PHONE 317- 706- 9809 Fax
A/C No Ext: AIC, No:
P. O. Box 80159 E- MAIL
ADDRESS: nikki. eslick e P icbrokers. com
Indianapolis, IN 46280
INSURER(S) AFFORDINGCOVERAGE NAIC#
iNsurtert a: The Hanover Insurance Company 22292
INSURED INSURER B:
Scannell Properties
8801 River Crossing Blvd.# 300
INSURERC:
Indianapolis, IN 46240
NSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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
TypE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
LTR LIMITS INSR WVD POLICY NUMBER MM/ DD/ YYYY MM/ DD/ YYYY A X
COMMERCIAL GENERAL LIABILITY X X ZHW043698016 6/ 21/ 2022 06/ 21/ 202 EACH OCCURRENCE OOO OOO CLAIMS- MADE OCCUR PREMISES aoccur° nce s 1 OO, OOO
MED EXP( Any one person) $ 10 000
No Deductible/ SIR PERSONALBADVINJURY $ OOO OOO
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z OOO OOO PROPOLICY_ JECT X LOC PRODUCTS- COMP/OPAGG $ L OOO OOO OTHER:
A AUTOMOBILELIABILITY X X ZHW043698016 6/ 21/ 2022 06/ 21/ 202
COMBINEDSINGLELIMIT ,
Ea accident OOO, OOO
ANY AUTO BODILY INJURY( Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY( Per accidenq $
HIRED NON- OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident A ( UMBRELLALIAB X OCCUR X X ZHW043698016 6/ 21/ 2022 06/ 27/ 202 EACHOCCURRENCE Q0 Q
EXCESS LIAB CLAIMS- MADE AGGREGATE O OOO OOO
DED X RETENTION$ O
A
WORKERSCOMPENSATION X WHW841845116 6/ 21/ 2022 06/ 21/ 202 X PER OTHAND EMPLOYERS' LIABILITY Y N
TAT TE E
ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT SOO OOO OFFICER/ MEMBER EXCLUDED? N I A Ma datory in NH) E. L. DISEASE- EA EMPLOYEE $ SOO OOO
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ SOO OOO DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured with respects to the General Liability on a primary and non contributory basis when required by written contract. Umbrella follows form. General Liability and Umbrella include terrorism.
Scannell Properties# 478, LLC is an Additional Named Insured.
RE: 1520 Lathrop Road, Lathrop, CA
See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Lathrop
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 390 Towne Centre Drive ACCORDANCE WITH THE POLICY PROVISIONS.
Lathrop, CA 95330
AUTHORIZED REPRESENTATIVE
O 1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) 1 of 2 The ACORD name and logo are registered marks of ACORD S4202613/ M4095919 NESLI
DESCRIPTIONS ( Continued from Page 1)
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.
Thirty day notice of cancellation applies for any reason other than nonpayment which is ten days.
SAGITTA 25. 3( 2016/ 03) 2 Of 2
S4202613/ M4095919
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGES
1. Additional Insured by Contract, Agreement or Permit Included
2. Additional Insured— Primary and Non- Contributory Included
3. Blanket Waiver of Subrogation Included
4. Bodily Injury Redefined Included
5. Broad Form Property Damage— Borrowed Equipment, Customers Goods & Use of Elevators Included
6. Knowledge of Occurrence Included
7. Liberalization Clause ncluded
8. Medical Payments— Extended Reporting Period Included
9. Newly Acquired or Formed Organizations - Covered until end of policy period Included
10. Non- owned Watercraft 51 ft.
11. Supplementary Payments Increased Limits
Bail Bonds 2, 500
Loss of Earnings 1000
12: Unintentional Failure to Disclose Hazards Included
13. Unintentional Failure to Notify Included
This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants.
1. Additional Insured by Contract, Agreement or 1) " Your work" for the additional insured( s) Permit designated in the contract, agreement or
The following is added to SECTION II — WHO IS permit;
AN INSURED: 2) Premises you own, rent, lease or occupy; Additional Insured by Contract, Agreement or
or
Permit 3) Your maintenance, operation or use of
a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above:
add an additional insured on your policy is an 1) Only applies to the extent permitted by additional insured only with respect to liability law; and for " bodily injury°, " property damage", or
2 Will not be broader than the insurance personal and advertising injury" caused, in 1 whole or in part, by your acts or omissions, or which you are required by the contract, the acts or omissions of those acting on your agreement or permit to provide for such behalf, but only with respect to: additional insured.
421- 2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 3) Applies on a primary basis if that is advertising injury° involved the rendering required by the written contract, written of or failure to render any professionai agreement or permit. services by or for you.
4) Will not be broader than coverage d. With respect to the insurance afforded to provided to any other insured. these additional insureds, the following is 5) Does not apply if the " bodily injury",
added to SECTION III — LIMITS OF
property damage" or " personal and INSURANCE:
advertising injury° is otherwise excluded The most we will pay on behalf of the from coverage under this Coverage Part, additional insured for a covered claim is the including any endorsements thereto. lesser of the amount of insurance:
c. This provision does not appiy: 1. Required by the contract, agreement or 1) Unless the written contract or written permit described in Paragraph a.; or agreement was executed or permit was 2. Available under the applicable Limits of issued prior to the" bodily injury", " property Insurance shown in the Declarations. damage", or " personal injury and This endorsement shall not increase the advertising injury". applicable Limits of Insurance shown in the 2) To any person or organization included as Declarations. an insured by another endorsement 2. Additional Insured — Primary and Nonissued by us and made part of this Contributory Coverage Part.
The following is added to SECTION IV —
3) To any lessor of equipment: COMMERCIAL GENERAL LIABILITY a) After the equipment lease expires; or CONDITIONS, Paragraph 4. Other insurance:
b) If the " bodily injury", " property Additional Insured — Primary and Nondamage", " personal and advertising Contributory injury" arises out of sole negligence of f
you agree in a written contract, written
the lessor
agreement or permit that the insurance provided to
4) To any: any person or organization included as an
a) Owners or other interests from. whom
Additional Insured under SECTION II — WHO IS
land has been leased which takes AN INSURED, is primary and non- contributory, place after the lease for the land ex- the following applies:
pires; or If other valid and collectible insurance is available b) Managers or lessors of premises if: to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our
i) The occurrence takes place after obligations are limited as follows:
you cease to be a tenant in that
premises; or
a. Primary Insurance
ii) The " bodily injury", " property This insurance is primary to other insurance damage", " personal injury" or
that is available to the Additional Insured
advertising injury" arises out of which covers the
structural alterations, new con- Additional Insured as a Named Insured. We struction or demolition operations will not seek contribution from any other performed by or on behalf of the insurance available to the Additional Insured manager or lessor. except:
5) To " bodily injury°, " property damage" or 1) For the sole negligence of the Additional personal and advertising injury" arising Insured;
out of the rendering of or the failure to 2 When the Additional Insured is an render any professional services.
Additaonal Insured under another primary
This exclusion applies even if the claims liability policy; or against any insured allege negligence or 3) when b. below applies. other wrongdoing in the supervision,
hiring, employment, training or monitoring If this insurance is primary, our obligations are of others by that insured, if the not affected unless any of the other insurance occurrence" which caused the " bodily is also primary. Then, we will share with all injury° or" property damage" or the offense that other insurance by the method described which caused the " personal and in c. below.
421- 2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 b. Excess Insurance insurer contributes equal amounts until it has 1) This insurance is excess over any of the paid its applicable limit of insurance or none of other insurance, whether primary, excess, the loss remains, whichever comes first. If any contingent or on any other basis: of the other insurance does not permit contribution by equal shares, we will contribute
a) That is Fire, Extended Coverage, by limits. Under this method, each insurer' s Builder' s Risk, Installation Risk or share is based on the ratio of its appiicable similar coverage for" your work"; limit of insurance to the total applicable limits b) That is Fire insurance for premises of insurance of all insurers rented to the Additional Insured or 3. Blanket Waiver of Subrogation temporarily occupied by the Additional
Insured with permission of the owner;
The following is added to SECTION IV —
c That is insurance
COMMERCIAL GENERAL LIABILITY
purchased by the CONDITIONS, Paragraph 8. Transfer Of Rights Additional Insured to cover the Of Recovery Against Others To Us:
Additional Insured' s
liability as a
tenant for " property damage" to We waive any right of recovery we may have - premises rented to the Additional against any person or organization with whom you Insured or temporarily occupied by the have a written contract that requires such waiver Additional with permission of the because of payments we make for damage under owner; or this coverage form. The damage must arise out of your activities under a written contract with that
d) If the loss arises out of the
person or organization. This waiver applies only to
maintenance or use of aircraft, " autos" the extent that subrogation is waived under a or watercraft to the extent not subject written contract executed prior to the " occurrence" to Exclusion g. of SECTION 1 — or offense giving rise to such payments. COVERAGE A — BODILY INURY AND PROPERTY DAMAGE 4. Bodily Injury Redefined
LIABILITY. SECTION V — DEFINITIONS, Definition 3. " bodily 2) When this insurance is excess, we will injury" is replaced by the following:
have no duty under Coverages A or B to 3. " Bodily injury" means bodily injury, sickness or defend the insured against any" suit" if any disease sustained by a person including death other insurer has a duty to defend the resulting from any of these at any time. " Bodily insured against that " suit". If no other injury" includes mental anguish or other insurer defends, we will undertake to do mental injury resulting from " bodily injury". so, but we will be entitled to the insured' s
5. Broad Form Property Damage — Borrowed
rights against all those other insurers. Equipment, Customers Goods, Use of 3) When this insurance is excess over other Elevators
Insurance, we will pay only our share of
a. SECTION I — COVERAGES, COVERAGE A—
the amount of the loss, if any, that BODILIY INJURY AND PROPERTY exceeds the sum of: DAMAGE LIABILITY, Paragraph 2.
a) The total amount that all such other Exclusions subparagraph j. is amended as insurance would pay for the loss in the follows:
absence of this insurance; and
Paragraph ( 4) does not apply to " property
b) The total of all deductible and self damage" to borrowed equipment while at a insured amounts under all that other jobsite and not being used to perform insurance. operations.
We will share the remaining loss, if any, Paragraphs ( 3), ( 4) and ( 6) do not apply to with any other insurance that is not property damage" to " customers goods" while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically of elevators at premises you own, rent, lease to apply in excess of the Limits of or occupy.
Insurance shown in the Declarations of
this Coverage Part.
b. The following is added to SECTION V —
DEFINTIONS:
c. Method Of Sharing 24. " Customers goods" means property of If all of the other insurance permits your customer on your premises for the contribution by equal shares, we will follow this purpose of being:
method also. Under this approach each
421- 2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 a. worked on; or 10. Non- Owned Watercraft
b. used in your manufacturing process. SECTION I — COVERAGES, COVERAGE A c. The insurance afforded under this provision is BODILY INJURY AND PROPERTY DAMAGE excess over any other valid and collectible
LIABILITY, Paragraph 2. Exclusions,
property insurance ( including deductible) subparagraph g.( 2) is replaced by the following:
available to the insured whether primary, g. Aircraft, Auto Or Watercraft excess, contingent
2) A watercraft you do not own that is:
6. Knowledge of Occurrence
a) Less than 51 feet long; and
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY b) Not being used to carry persons or CONDITIONS, Paragraph 2. Duties in the Event property for a charge; of Occurrence, Offense, Claim or Suit: This provision applies to any person who, with your consent, either uses or is
e. Notice of an " occurrence", offense, claim or
responsible for the use of a watercraft.
suiY' will be considered knowledge of the
insured if reported to an individual named 11. Supplementary Payments Increased Limits insured, partner, executive officer or an SECTION 1 — SUPPLEMENTARY PAYMENTS employee" designated by you to give us such COVERAGES A AND B, Paragraphs 1. b. and a notice. 1. d. are replaced by the following:
7. Liberalization Clause 1. b. Up to $ 2, 500 for cost of bail bonds required The following is added to SECTION IV — because of accidents or traffic law violations COMMERCIAL GENERAL LIABILITY arising out of the use of any vehicle to which CONDITIONS: the Bodily Injury Liability Coverage applies.
Liberalization Clause
We do not have to furnish these bonds.
1. d. All reasonable expenses incurred by the If we adopt any revision that would broaden the insured at our request to assist us in the coverage under this Coverage Form without
investigation or defense of the claim or " suit",
additional premium, within 45 days prior to or
including actual loss of earnings up to $ 1000 a
during the policy period, the broadened coverage day because of time off from work. will immediately apply to this Coverage Part.
12. Unintentional Failure to Disclose Hazards
8. Medical Payments — Extended Reporting
Period The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
a. SECTION I — COVERAGES, COVERAGE C— CONDITIONS, Paragraph 6. Representations:
MEDICAL PAYMENTS, Paragraph 1.
Insuring Agreement, subparagraph a.( 3)( b) Ne will not disclaim coverage under this Coverage is replaced by the following: Part if you fail to disclose all hazards existing as of the inception date of the policy provided such b) The expenses are incurred and reported failure is not intentional. to us within three years of the date of the
accident; and 13. Unintentional Failure to Notify
b. This coverage does not apply if COVERAGE The following is added to SECTION IV — C — MEDICAL PAYMENTS is excluded either COMMERCIAL GENERAL LIABILITY by the provisions of the Coverage Part or by CONDITIONS, Paragraph 2. Duties in the Event endorsement. of Occurrence, Offense, Claim or Suit:
9. Newly Acquired Or Formed Organizations Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an SECTION II — WHO IS AN INSURED, Paragraph occurrence", offense, claim or" suit", solely due to 3. a. is replaced by the following:
your reasonable and documented belief that the
a. Coverage under this provision is afforded until bodily injury" or" property damage" is not covered the end of the policy period. under this policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421- 2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4
COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance 2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1
EXHIBIT D
ENGINEERS ESTIMATE FOR OFFSITE IMPROVEMENTS
25230
7/ 22/ 2022
OFFSITE INFRASTRUCTURE BOND ESTIMATE
1520 LATHROP ROAD
City of Lathrop, California
SUMMARY
ITEM DESCRIPTION AMOUNT
1 Forcemain 148, 880
2 Pump Station 586, 726
3 Driveway 23, 000
758, 606
Note: contingency not included in estimate
Attachment D
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