ITEM 4. 11
CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PARCEL MAP 22- 09 AND OFFSITE
IMPROVEMENT AGREEMENT WITH LATHROP LAND
ACQUISITION, LLC FOR TWO COMMERCIAL AND
HIGH DENSITY LOTS LOCATED IN THE CLSP
COMMERCIAL AREA
RECOMMENDATION: Adopt Resolution Approving Parcel Map 22- 09 and Offsite Improvement Agreement with Lathrop Land
Acquisition, LLC for Two Commercial and High
Density Residential Lots Located in the Central
Lathrop Specific Plan Commercial Area
SUMMARY:
Lathrop Land Acquisition, LLC ( Saybrook), requests approval of Parcel Map 22- 09 ( PM 22- 09), included as Attachment " B", for two commercial and high density residential lots located in the Central Lathrop Specific Plan ( CLSP) Commercial Area. As required by the City' s subdivision ordinance, approval of the Parcel Map must be accompanied by the approval of an OfFsite Improvement Agreement ( OIA), included as Attachment C", to guarantee specific 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 PM 22- 09 and an OIA with Saybrook for two commercial and high density residential lots located in CLSP area.
BACKGROUND:
On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On January 13, 2023, the Community Development Department approved the Tentative Parcel Map Waiver No. PMW- 22- 169 for PM 22- 09, which is located within the geographic bounds of the VTM for Tract 3533.
As required by the City' s subdivision ordinance, all maps must include an OIA to guarantee specific offsite and on ite improvements. Performance and labor & material securities have been provided to the City with the OIA in the amount of:
Im rovement Total: 2, 522, 696
Performance Bond 110% of Unfinished Im rovements : 2, 774, 965 Labor & Material Bond 50% of Performance Bond : 1, 387, 483 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, Saybrook will be required to provide a one ( 1) year warranty bond.
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PM 22- 09 AND OIA WITH LATHROP LAND ACQUISITION, LLC FOR
TWO COMMERCIAL AND HIGH DENSITY RESIDENTIAL LOTS LOCATED IN THE
CLSP COMMERCIAL AREA
REASON FOR RECOMMENDATION:
Saybrook has fulfilled the requirements of the City' s subdivision ordinance as listed below:
Documents Status
1. Parcel Map ready for signature Completed
2. Offsite Improvement Agreement Completed
3. Faithful Performance and Labor & Materials Security Received
4. Geotechnical Report Completed
5. 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 and any shortfalls in the City' s maintenance and operating costs are covered by the existing Community Facility District ( CFD) 2019- 2 and CFD 2018- 1 Area 5.
ATTACHMENTS:
A. Resolution Approving Parcel Map 22- 09 and Offsite Improvement Agreement with Lathrop Land Acquisition, LLC for Two Commercial and High Density Residential Lots located in the Central Lathrop Specific Plan Commercial Area B. Parcel Map 22- 09
C. Offsite Improvement Agreement between the City of Lathrop and Lathrop Land Acquisition, LLC for PM 22- 09 located in the Central Lathrop Specific Plan CLSP) Commercial
D. Vicinity Map - Parcel Map 22- 09
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PM 22- 09 AND OIA WITH LATHROP LAND ACQUISITION, LLC FOR
TWO COMMERCIAL AND HIGH DENSITY RESIDENTIAL LOTS LOCATED IN THE
CLSP COMMERCIAL AREA
APPROVALS:
2 / 2 f/ 2
Bellal Nabizadah Date
Assistant Engineer
3/ 2 2bZ3
Brad aylor Date
City Engin
3 Cari ) am Date
Finance Di ec or
3 • Z • zaZ3
Michael King Date
Assistant City Manager
3 • - Z3
Salvador Navarrete Date
City Attorney
3•• Z3
Step en ). Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING PARCEL MAP 22- 09 AND OFFSITE IMPROVEMENT AGREEMENT
WITH LATHROP LAND ACQUISITION, LLC FOR TWO COMMERCIAL AND HIGH
DENSITY RESIDENTIAL LOTS LOCATED IN THE CENTRAL LATHROP SPECIFIC
PLAN COMMERCIAL AREA
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On January 13, 2023, the Community Development Department approved the Tentative Parcel Map Waiver No. PMW- 22- 169 for PM 22- 09, which is located within the geographic bounds of the VTM for Tract 3533; and
WHEREAS, Lathrop Land Acquisition, LLC ( Saybrook), requests approval of Parcel Map 22- 09 ( PM 22- 09) for two commercial and high density residential lots located in the Central Lathrop Specific Plan ( CLSP) Commercial Area; and WHEREAS, as required by the City' s subdivision ordinance, all maps must include an Offsite Improvement Agreement ( OIA) to guarantee specific offsite and onsite improvements. Performance and labor & material securities have been provided to the City with the OIA in the amount of:
Im rovement Total: 2, 522, 696
Performance Bond 110% of Unfinished Im rovements : 2, 774, 965 Labor & Material Bond 50% of Performance Bond : 1, 387, 483 WHEREAS, acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the unfinished improvements are completed. Prior to acceptance, Lathrop Land Acquisition, LLC ( Saybrook) will be required to provide a one ( 1) year warranty bond; and
WHEREAS, 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 existing Community Facility District ( CFD) 2019- 2 and CFD 2018- 1 Area 5; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop approves the following actions:
1. The Parcel Map 22- 09 is hereby approved as submitted for recordation with the San ) oaquin 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 an Offsite Improvement Agreement with Lathrop Land Acquisition, LLC, in substantially the form as attached to the March 13, 2023 staff report, the file executed copy will be filed with the City Clerk.
The foregoing resolution was passed and adopted this 13th day of March 2023, 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
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ATTACHj i ,"
ci ..
CITY OF LATHROP
OFFSITE IMPROVEMENT AGREEMENT
CENTRAL LATHROP SPECIFIC PLAN (CLSP)
COMMERCIAL & HIGH DENSITY RESIDENTIAL— PM 22- 09
LATHROP LAND ACQUISITION, LLC
This Offsite Improvement Agreement (" Agreement") is made and entered into this thirteenth ( 13th) day of March, 2023 (" Effective Date"), by and between the CITY OF LATHROP, a municipal corporation of the State of California (" CITY") and Lathrop Land Acquisition, LLC, a Delaware limited liability company (" SUBDIVIDER").
RECITALS
A. On October 5, 2006, CITY approved Vesting Tentative Map 3533 to create 62 parcels on 960 acres of land, hereinafter referred to as VTM. SUBDIVIDER intends to record one Parcel Map 22- 09 to subdivide a
portion of the VTM area, as shown in Exhibit" A"( hereinafter Parcel Map").
B. SUBDIVIDER is the record owner of all land incorporated with the Parcel Map and is therefore responsible for compliance with all conditions of approval associated with, including, without limitation, the construction of specified Improvements ( as that term is defined below) as described more fully herein.
C. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and CTTY' 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 VTM( collectively, " COAs") and as identified in the approved Parcel Map, Improvement Plans 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 the term " Improvement Plans" shall collectively refer to the Improvement Plans approved by CITY.
AGREEMENT
NOW, THEREFORE, in consideration of CITY' S pending ( 1) approval of the Parcel Map on March 13, 2023, and subsequent recordation; ( 2) approval of Improvement Plans in accordance with the terms of this Agreement and all applicable laws and regulations, the parties hereto mutually covenant and agree as follows:
1. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the Improvements as specified and in accordance with the provisions of this Agreement. All Improvements shall be constructed to the reasonable satisfaction and approval of the City Engineer, in an ethical 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 Ordinances 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 March 13, 2024, 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 far twenty-four ( 24) months upon SUBDIVIDER' s request to the City Engineer, supported by reasonable documentation that it is using commercially reasonable efforts to complete same and have said Improvements accepted by CITY.
3. The parties acknowledge and agree that SUBDIVIDER is removing any existing well sites as required in accordance with applicable laws and regulations, including those required by the County Environmental Health Department.
The parties further acknowledge and agree that SUBDIVIDER is conveying any and all groundwater rights associated therewith to CITY via the Parcel Map.
4. 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 warranty the Improvements in good condition and in accordance with CTTY 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 a Warranty Bond in the amount equal to 10% of improvement cost {( Cost + 10% Contingency) x 10°Io} for the Improvements for PM 22-09 to ensure 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 no claims against it are then outstanding. The Warranty Bond value is shown in Table 1 of this Agreement.
5. SUBDIVIDER is required to post Performance and Labor & Materials bonds to guarantee the Improvements associated with the Parcel Map as included and described in Exhibits C and D of this Agreement. The amount of performance security shall be equal to the Improvement cost plus a 10% contingency. The corresponding labor and materials bond amount shall be 50% of the performance bond amount ( Performance Security x 50%). Further, SUBDIVIDER shall also comply with CITY' s insurance requirements set forth on Exhibit B attached hereto and incorporated herein. The Performance and Labor & Materials bond values are shown in Table 1 of this Agreement.
Table 1— Bond Values
Street and Utility Improvement Total 1, 206, 546
Golden Valley Parkway Landscape Improvement Total 1, 316, 150 Improvement Total Cost 2, 522, 696
Performance Bond Value ( 110% of Un nished Improvement Total) 2, 774, 965 Labor & Materials Bond Value ( 50% of Performance Bond Value) 1, 387, 483 Warranty Bond Value ( 10% of Improvement Total) 252, 270
6. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the offsite improvements required by the Assignment and Amendment of Development Agreement by and Between the City of Lathrop, Saybrook CLSP, LLC., and Lathrop Land Acquisition, LLC., approved by the Lathrop City Council on December 6, 2016, by Ordinance No. 16- 370 and recorded by the San Joaquin County Recorder' s Office as Doc # 2017- 007992 ( Agreement hereinafter " DA", Improvements hereinafter " Offsite Improvements"). The Offsite improvements include, but are not limited to, completion of the landscape improvements of the portions of Golden Valley Parkway adjacent to all SUBDIVIDER owned land. SUBDIVIDER has provided sufficient security to guarantee the completion of the Offsite Improvements with this Agreement as described in Section 5 of this Agreement. Pursuant to the City of Lathrop Capital Facility Fees Report dated September 4, 2003, SUBDIVIDER is eligible for reimbursement of the costs associated with the design, permitting and construction of 15 feet in width of Golden Valley Parkway Frontage Landscaping up to$ 180 per lineal foot in 2003 dollars. Within 90 days of CITY acceptance of the Frontage Landscape Improvements, CTTY shall provide reimbursement of the improvement cost.
7. The density for Residential/ Mixed Used zoning in Central Lathrop is 10 to 40 units per acre. The proposed project for the PM 22- 09 parcels is currently 12 units per acre and will therefore be the basis for the sewer and water allocation for PM 22- 09.
Any project that has a density greater than 12 units per acre will be subject to additional sewer and water purchase costs prior to building permit issuance. SUBDIVIDER shall, prior to approval of the Parcel Map, assign and allocate wastewater capacity and potable water capacity to each lot within the Parcel Map area in the quantities shown in Table 2 below.
Table 2— Parcel 1 Utility Allocation
Parcel Acreage Units Sewer Allocation Water Allocation
590 dlacre) 860 dlacre)
1 18. 88 Commercial 11, 139 16, 237
Parcel Acreage Units ( 12 du/ ac) Sewer Allocation Water Allocation 170 dldu) 220 d/ du)
2 12. 48 150 25, 500 33, 000
Total 36,639 49,237
8. The Agricultural Mitigation Fee shall be paid prior to building permit issuance.
9. Neither CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or 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 on property other than the parcels of the subdivision owned by SUBDIVIDER( and its successors and assigns) ( the " Subdivider Property").
10. Neither CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property from the subdivision of all or any part of the land covered by this Agreement.
11. SUBDIVIDER hereby agrees to, and shall hold CTTY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, the " Indemnitees"), harmless from any liability for damage ar claims which arises from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, lessees, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any of SUBDIVIDER' S contractors, subcontractars, lessees, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER ar 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 the Indemnitees on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER performance 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 or employees, except in the event and to the extent said claims resulted from the gross negligence or willful misconduct of CITY and/ or the Indemnitees.
The promises and agreement to indemnify and hold harmless set forth in this Paragraph 17 are 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 SUBDIVIDER. 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 17, regardless of whether or not CTTY has prepared, supplied or approved of, plans and/ or specifications far the subdivision.
12. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors, lessees or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement. Neither CITY nor any of CITY' s agents, contractars, lessees ar subcontractors are, or shall be, considered to be agents of SUBDIVIDER in connection with the performance of any work contemplated under this Agreement. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY, which such consent shall not be unreasonably delayed, conditioned or denied, except that this Agreement may be assigned to any purchaser or transferee of an interest in all or a part of the SUBDIVIDER Property without the need for CITY consent. If such consent is given, or not required, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDNIDER, 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 Assignment 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 " Af liate", which is defined to mean an entity or person that is directly or indirectly Controlling, Controlled by, or 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 indirectly, more than fifty percent ( 50°Io) 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.
13. SUBDIVIDER shall, at its expense, require or cause to require all its contractors and sub- contractors to obtain and maintain all necessary permits and licenses for construction of the Improvements, and commercially reasonable insurance. Prior to the commencement of said Improvement construction, the C eneral Contractor/ subcontractors shall obtain a City of Lathrop Business License. SUBDIVIDER and CITY, as applicable, shall comply with all applicable local, state and federal laws applicable to this Agreement whether or not said laws are expressly stated in this Agreement.
14. This Agreement and the Exhibits attached hereto comprise the entire understanding and agreement between the parties regarding the subject matter of this Agreement.
The Recitals are incorporated into this Agreement by this reference, as if fully set forth herein.
15. Notices. For purposes of this Agreement, " notice" 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.
16. 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 or UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:
If to CTTY: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
Email: website cco@ci. lathrop. ca. us
With a
copy: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvador Navarrete, City Attorney
Email: website cao@ci. lathro. ca. us
If to SUBDIVIDER: Saybrook CLSP, LLC
303 Twin Dolphin Drive, Suite 600
Redwood Shores, CA 94065
Attn: Jeffrey M. Wilson
Email: lwilson @ saybrookftindadvisors. 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 for notice by giving notice to the other party in accordance with this Paragraph 22.
23. 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 22- 09
EXHIBIT B: CITY INSURANCE REQUIREMENTS
EXHIBIT C: PRELIMINARY COST ESTIMATE, STANFORD PLACE
EXHIBIT D: PRELIMINARY COST ESTIMATE, STANFORD
CROSSING, COMMERCIAL FRONTAGE
IMPROVEMENTS
d. 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, 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 and related governmental orders and restrictions; 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 entity ( except that acts or failures to act of CITY shall not excuse performance by CITY); or moratorium ( each a " Force 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 construction or interpretation of any part of this Agreement. f. 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. g. 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. h. Severabilitv. 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.
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 ( subject to Subparagraph 23( d)).
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. 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. The party in whose favor judgment is entered shall be awarded reasonable attorneys' fees.
SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above.
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
By:
Teresa Vargas Date
City Clerk
APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY By: Zoz3
Salvador Navarrete Date
City Attorney
SUBDIVIDER
By: Lathrop Land Acquisition, LLC,
a Delaware limited liability company
By: Saybrook Fund Investors, LLC
Its: Managing Member
Jeffrey M. Wilson Date
Officer
EXHIBIT A
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EXHIBIT B
CITY INSURANCE REQUIREMENTS
1. 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 Offsite Improvement Agreement must be named insured on the policy. The policy endarsements 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 ar 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 prior 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 for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
4coR0 CERTIFICATE OF LIABILITY INSURANCE
DATE MM/ DDlYYYV)
2/ 21/ 2023
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 CONTACT
Arthur J. Gallagher Risk Management Services, LLC PHONE Fax 500 N Brand Boulevard, Suite 100 ac No eXc: 818- 539- 2300 ac No: 818- 539-2301 Glendale CA 91203 ADDRIESS:
INSURER( S) AFFORDING COVERAGE NAIC#
License#: oDss2s3 INSURERA: Mt H8WI2 Insurance Com an 37974 INSURED SAYBCLS- 02 NSURER B:
Saybrook CLSP, LLC
501 Santa Monica Blvd# 607 INSURERC:
Santa Monica CA 90401 INSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1182983084 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE IISTED 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
LTR POLICYNUMBER MMIDD/ YYYY MM/ DDIYYVY LIMITS
A X COMMERCIALGENERALLIABILITY Y MGL0195610 10/ 11/ 2021 5/ 31/ 2023 EACHOCCURRENCE 1, 000, 000 DAMAGETO RENTED CLAIMS- MADE OCCUR PREMISES Ea occurrence $ 50, 000 MED EXP( Any one person) $ 5, 000
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ 2, 000, 000 X
PROPOLICY JECT LOC PRODUCTS- COMP/ OP AGG $ EXCLUDED
OTHER:
AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANYAUTO
BODILYINJURY( Perperson) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY P er accident) $
HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
A UMBRELLA LIAB OCCUR MXL0431820 10/ 11/ 2021 5/ 31/ 2023 EACH OCCURRENCE 5, 000, 000 X EXCESS LIAB CLAIMS- MADE AGGREGATE 5, 000, 000
DED RETENTION$
WORKERSCOMPENSATION PER OTHAND EMPLOYERS' LIABILITY
N
STATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT OFFICER/ MEMBEREXCLUDED? N A MandatoryinNH)
E. L. DISEASE- EAEMPLOYEE $
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) 30 days before the effective date of cancellation applies, policy provisions, endorsement will follow.
Certificate holder is included as additional insured with respect to the General Liability Policy as required by written contract
CERTIFICATE HOLDER CANCELIATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEPORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City Of Lathrop
39O TOWfI@ C@Iltf@ Df.
pUTHORIZEDREPRESENTATIVE Lathrop CA 95330
O 1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD Policy Number: MGL0195610 Mt. Hawley Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION - CERTIFICATE HOLDER
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
CONTRACTORS SPECIAL FORM
EXCESS GENERAL LIABILITY INSURANCE POLICY
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART If this policy is cancelled by us, we will send a notice by mail to the certificate holder( s) scheduled below at the scheduled address at the same time that notice is sent to you. If the policy is cancelled by you or an entity with power of attorney for this policy, we will send a notice by mail to the certificate holder( s) scheduled below at the scheduled address at the time that we process the cancellation request.
If notice is mailed, proof of mailing will be sufficient proof of notice.
Certificate Holder/Address:
City of Lathrop
390 Towner Center Dr.
Lathrop, CA 95330
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
CGL 388( 02/ 11) Page 1 of 1
Insured
Policy Number: MXL0431820 Mt. Hawley Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION - CERTIFICATE HOLDER
If this policy is cancelled by us, we will send a notice by mail to the certificate holder( s) scheduled below at the scheduled address at the same time that notice is sent to you. If the policy is cancelled by you or an entity with power of attorney for this policy, we will send a notice by mail to the certificate holder( s) scheduled below at the scheduled address at the time that we process the cancellation request.
If notice is mailed, proof of mailing will be sufficient proof of notice.
Certificate Holder/ Address:
City of Lathrop
390 Towner Center Dr.
Lathrop, CA 95330
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
CEE 368 ( 02/ 11) Page 1 of 1
Insured
EXHIBIT C
PRELIMINARY COST ESTIMATE, STANFORD PLACE
2/ 2/ 2023
PRELIMINARY COST ESTIMATE
STANFORD PLACE
LATHROP, CALIFORNIA
Based on Preliminary Improvement Plans prepared by MacKay& Somps dated January 2023
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GRADING AND STREETWORK
1. 80, 151 SF Finish grading outside of existing paving( within R/ V 0. 25 20, 040
2. 55, 700 SF Structural Section ( 4" AC, 4" AB, 12" LTB) 4. 00 222, 800
3. 1 EA Survery Monuments 800. 00 800
4. Lump Sum Signing, Striping, and Pavement Markers LS 5, 000
5. Lump Sum Traffic Control LS 2, 500
ESTIMATED TOTAL GRADING AND STREETWORK: 251, 140
B. CONCRETE WORK
1. 1, 965 LF Remove& dispose existing AC Berm 3. 00 5, 900
2. 55, 700 SF Remove& dispose existing AC Paving 3. 00 167, 100
3. 2, 007 LF 6" Standard curb and gutter 16. 00 32, 110
4. 20, 068 SF Sidewalk( 6" concrete on native) 5. 00 100, 340 ESTIMATED TOTAL CONCRETE WORK: 305, 450
C. SANITARY SEWER WORK
1. 6 EA Manholes including reset to finish grade and vacuum test 6, 000. 00 36, 000
2. 1, 244 LF 8" Pipe including backfill 32. 00 39, 810
3. 64 EA 4" Laterals w/ cleanouts 1, 000. 00 64, 000
4. 1 EA Connect to Existing 1, 500. 00 1, 500
ESTIMATED TOTAL SANITARY SEWER WORK: 141, 310
D. STORM DRAIN WORK
1. 3 EA Remove existing drainage inlet 500. 00 1, 500
2. 3 EA Curb inlet 3, 800. 00 11, 400
3. 18 LF 15" RCP Storm drain pipe 65. 75 1, 180
4. 3 EA Connect to existing storm drain 500. 00 1, 500
5. 3 EA Reset existing manhole rim to finish grade 150. 00 450 ESTIMATED TOTAL STORM DRAIN WORK: 16, 030
E. WATER SYSTEM WORK
1. 1 EA Hot tap at existing water main 5, 000. 00 5, 000
2. 1, 332 LF 8" Potable Water Main including fittings 40. 00 53, 280
3. 44 LF 8" Potable Water Stubs including fittings 40. 00 1, 760
4. 24 LF 6" Potable Water Stubs including fittings 35. 00 840
5. 3 EA 8" Water Valves 900. 00 2, 700
6. 2 EA 6" Water Valves 800. 00 1, 600
7. 1 EA Blow off 1, 300. 00 1, 300
8. 3 EA Temporary Blowoff 1, 100. 00 3, 300
ESTIMATED TOTAL WATER SYSTEM WORK: 69, 780
P: 25243Wdmin\ estimates\ Stanford Crossing\ Stanford Crossing Cost Estimate. xls 1 of 2 2/ 2/ 2023
F. MISCELLANEOUS WORK
1. 2, 682 LF Dewatering for Construction 75. 00 201, 150
2. 1, 200 LF Joint Trench 60. 00 72, 000
3. 10 EA Electrolier 3, 500. 00 35, 000
4. Lump Sum Erosion Control Measures LS 5, 000
ESTIMATED TOTAL MISCELLANEOUS WORK: 313, 150
SUMMARY
A GRADING AND STREETWORK 251, 140
B CONCRETE WORK 305, 450
C SANITARY SEWER WORK 141, 310
D STORM DRAIN WORK 16, 030
E WATER SYSTEM WORK 69, 780
F MISCELLANEOUS WORK 313, 150
ESTIMATED TOTAL CONSTRUCTION COST: $ 1, 096, 860
10% CONTINGENCY: $ 109, 686
ESTIMATED TOTAL COST: $ 1, 206, 546
NOTES
1. This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay& Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate.
2. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation.
3. All items include all materials necessary for complete installation.
4. All underground utilities unit prices include trenching, backill, and all other necessary items for installation.
5. Fire hydraunt assemblies include valve, run and reflective blue marker.
Prepared by the firm of
MACKAY 8 SOMPS
P: 25243Wdmin\ estimates\ Stanford Crossing\ Stanford Crossing Cost Estimate. xls 2 Of 2
EXHBIT D
PRELIMINARY COST ESTIMATE, STANFORD CROSSING, COMMERCIAL
FRONTAGE IMPROVEMENTS
25201
JBM
February S, 2023
PRELIMINARY COST ESTIMATE
STANFORD CROSSING, COMMERCIAL FRONTAGE
IMPROVEMENTS
GOLDEN VALLEY PARKWAY
LATHROP, CALIFORNIA
Based on approved Tract 3533 backbone plans and unapproved frontage landscape plans
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. LANDSCAPING AND IRRIGATION WORK
1. 60, 100 SF Planting and irrigation 15. 00 901, 500
2. 118 EA Trees( includes irrigation) 2, 500. 00 295, 000 ESTIMATED TOTAL LANDSCAPE AND IRRIGATION WORK: 1, 196, 500
SUMMARY
A LANDSCAPE AND IRRIGATION WORK 1, 196, 500
ESTIMATED TOTAL CONSTRUCTION COST: $ 1, 196, 500
10% CONTINGENCY: $ 119, 650
ESTIMATED TOTAL COST: $ 1, 316, 150
NOTES
1. This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is su cient to satisfy our understanding of the purposes of this estimate. MacKay& Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate.
2. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation.
3. All items include all meterials necessary for complete installation.
4. All underground utilities unit prices include trenching, backill, and all other necessary items for installation.
5. Fire hydraunt assemblies include valve, run and reflective blue marker.
Prepared by the firm of
MACKAY 8 SOMPS
Stanford Crossing Bond Estimate- GVP LANDSCAPE- 2023- 02- 08. xis 1 of 2 CHMENT
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