Lathrop City Council
July 8, 2024

July 8, 2024 – Regular Meeting Agenda – 7:00 p.m.

Printed on Recycled Paper See Reverse
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July 8, 2024 – City Council Regular Meeting – 7:00 p.m.

City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Minnie Diallo, Vice Mayor
Paul Akinjo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Stephen Sealy, Chief of Police
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks and Recreation
Director
General Order of Business

1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest

2. Presentations

3. Citizen’s Forum

4. Consent Calendar

5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions

6. Council Communications

7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.

Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 July 8, 2024 Lathrop City Council Regular Meeting Agenda Page 1

IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1616653941?pwd=34RtmhDNgkg9hv MtekReYtRXrclUJA.1
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.

Please ensure your computer speaker and microphone are fully functional.

For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.

Meeting Webinar ID: 161 665 3941 / Passcode: 910578
If you are not able to attend the meeting in person or virtually - Public comment / questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230. Please reference the Agenda Item or Public Comment Matter, and the date of the City Council Meeting, in your written communication.

Questions or comments submitted by email must be submitted by 4:00 p.m., on the day of the meeting.

To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.

Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 July 8, 2024 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.

Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.

Please note, the Council Chamber has limited occupancy due to social distancing.

To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 July 8, 2024 Lathrop City Council Regular Meeting Agenda Page 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, JULY 8, 2024
7:00 P.M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be no Closed Session. The Regular Meeting will commence at 7:00 p.m.

1. PRELIMINARY

1.1 CALL TO ORDER

1.2 ROLL CALL

1.3 INVOCATION

1.4 PLEDGE OF ALLEGIANCE

1.5 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER

1.6 INFORMATIONAL ITEM(S) - None

1.7 DECLARATION OF CONFLICT(S) OF INTEREST

2. PRESENTATIONS

2.1 PROCLAMATION DECLARING JULY AS PARKS AND RECREATION MONTH

2.2 INTRODUCTION OF NEW EMPLOYEES
Police Department
• Krystal Pronske, Police Lieutenant

2.3 PRESENTATION REGARDING THE AMERICANS WITH DISABILITIES ACT (ADA) TRANSITIONAL PLAN UPDATE

2.4 PRESENTATION REGARDING THE BROADBAND INFRASTRUCTURE MASTER PLAN PROJECT, CIP GG 24-24
4 July 8, 2024 Lathrop City Council Regular Meeting Agenda Page 4

3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC

COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!

4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.

4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember

4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular City Council Meeting of May 13, 2024, and the Special Meeting of June 3, 2024

4.3 APPROVE ESTABLISHING THE CITY OF LATHROP POET LAUREATE

PROGRAM
Adopt Resolution Establishing the City of Lathrop Poet Laureate Program and Authorizing the City Manager to Execute a Grant Funding Agreement with the Library & Literacy Foundation for San Joaquin County

4.4 APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO ATTEND TWO (2) OUT OF STATE MEETINGS

IN HIS ROLE AS A REGENT OF THE BOARD OF THE NATIONAL

RECREATION AND PARK ASSOCIATION, REVENUE DEVELOPMENT AND

MANAGEMENT SCHOOL
5 July 8, 2024 Lathrop City Council Regular Meeting Agenda Page 5 Adopt Resolution Authorizing Out of State Travel for the Parks and Recreation Director to Attend the National Recreation and Park Association, Revenue Development and Management School Midyear Meeting August 5-6, 2024, in Denver Colorado and March 10-14, 2025, in Wheeling, West Virginia

4.5 APPROVE OUT OF STATE TRAVEL FOR COUNCIL MEMBERS TO ATTEND “EXPERIENCIA PUERTO RICO 2024”, AS MEMBERS OF THE NATIONAL

LEAGUE OF CITIES SMALL CITIES COUNCIL
Adopt Resolution Authorizing Out of State Travel for the Two (2) Council Members to Attend “Experiencia Puerto Rico 2024” in San Juan, Puerto Rico, August 26-28, 2024, as Members of the National League of Cities Small Cities Council

4.6 APPROVE OUT OF STATE TRAVEL FOR COUNCIL MEMBERS TO ATTEND THE 2024 NATIONAL LEAGUE OF CITIES CITY SUMMIT
Adopt Resolution Authorizing Out of State Travel for Four (4) Council Members to Attend the 2024 National League of Cities City Summit in Tampa Bay, Florida, November 13 -16, 2024

4.7 APPROVE THE PURCHASE OF FOUR (4) VEHICLES FROM PHIL LONG FORD OF DENVER AND TWO (2) VEHICLES FROM AMERICAN

CHEVROLET OF MODESTO
Adopt Resolution Approving the Purchase of Four (4) Vehicles from Phil Long Ford of Denver, and Resolution Approving the Purchase of Two (2) Vehicles from American Chevrolet of Modesto

4.8 APPROVE ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TESLA, INC., FOR FISCAL YEAR (FY) 2024-25
Adopt Resolution Approving Annual Industrial Solid Waste License for Tesla, Inc., for FY 2024-25

4.9 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA Adopt Resolution Approving Final Map for Tract 3225 within the Mossdale Landing Area, Totaling 66 Single Family Lots and Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc.

4.10 ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2023-102, LOCATED ON GOLDEN VALLEY PARKWAY BETWEEN

RIVER ISLANDS PARKWAY AND SPARTAN WAY, FROM LATHROP LAND

ACQUISITION, LLC, APPROVE BUDGET AMENDMENT, RESCIND

PREVIOUS APPROVAL OF CHANGE ORDER, AND APPROVE CHANGE
ORDER NO. 33 FOR LANDSCAPE MAINTENANCE SERVICES WITH SILVA

LANDSCAPE
6 July 8, 2024 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution Accepting Public Improvements with Associated Conditions for Encroachment Permit No. 2023-102 Located on Golden Valley Parkway Between River Islands Parkway and Spartan Way, from Lathrop Land Acquisition, LLC., Approve Budget Amendment, Rescind Previous Approval of Change Order No. 32, and Approve Change Order No. 33 for Landscape Maintenance with Silva Landscape

4.11 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DSS COMPANY DBA

KNIFE RIVER CONSTRUCTION FOR LATHROP ROAD PAVEMENT REPAIR, CIP PS 24-35
Adopt Resolution Accepting Public Improvements Constructed by DSS Company dba Knife River Construction for Lathrop Road Pavement Repair, CIP PS 24-35, Authorizing the Filing of a Notice of Completion, the Release of Contract Retention, and the Release of Performance and Payment Bonds

4.12 AWARD CONSTRUCTION CONTRACT TO MARINA LANDSCAPE, INC. FOR CONSTRUCTION OF THE GREEN PARK IMPROVEMENTS, CIP PK 22-12

AND APPROVE BUDGET AMENDMENT
Adopt Resolution Awarding a Construction Contract to Marina Landscape, Inc. for the Green Park Improvements, CIP PK 22-12 and Approve Budget Amendment

4.13 AWARD ADDITIONAL SCOPE OF WORK TO DSS COMPANY DBA KNIFE

RIVER CONSTRUCTION AND APPROVE BUDGET AMENDMENT TO

CONSTRUCT SIDEWALK IMPROVEMENTS AT THE LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION PROJECT, CIP PS 15-02
Adopt Resolution to Award Additional Scope of Work to DSS Company dba Knife River Construction and Approve Budget Amendment to Construct Sidewalk Improvements at the Louise Avenue and McKinley Avenue Intersection Project, CIP PS 15-02

4.14 AWARD CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE

RIVER CONSTRUCTION FOR CONSTRUCTION OF YOSEMITE AVENUE
PAVEMENT REHABILITATION, CIP PS 24-31 AND APPROVE BUDGET

AMENDMENT
Adopt Resolution Awarding a Construction Contract to DSS Company dba Knife River Construction for Construction of Yosemite Avenue Pavement Rehabilitation, CIP PS 24-31 and Approve Budget Amendment

4.15 RATIFY CITY MANAGER’S EXECUTION OF CONTRACT CHANGE ORDER NO. 2 AND ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING CONTRACTORS, INC. FOR PARK WEST SHADE SHELTER 7 July 8, 2024 Lathrop City Council Regular Meeting Agenda Page 7 Adopt Resolution Ratifying City Manager’s Execution of Contract Change Order No. 2, Accepting Public Improvements Constructed by Luma Engineering Contractors, Inc. for Park West Shade Shelter, Authorizing the Filing of a Notice of Completion and Release of Contract Retention and Performance and Payment Bonds

RIVER ISLANDS CONSENT ITEM(S)

4.16 ACCEPT C2 COMMUNITY PARK IMPROVEMENTS ASSOCIATED WITH THE SIA FOR TRACT 3794 FROM RIVER ISLANDS CUSTOM HOMESITES, LLC.

LOCATED WITHIN THE LAKESIDE EAST DISTRICT OF RIVER ISLANDS Adopt Resolution Accepting C2 Community Park Improvements Associated with the Subdivision Improvement Agreement for Tract 3794 from River Islands Custom Homesites, LLC, Located within the Lakeside East District of River Islands

5. SCHEDULED ITEMS

5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER A GENERAL PLAN

AMENDMENT, PRE-ZONE, CONDITIONAL USE PERMIT, SITE PLAN

REVIEW, AND ANNEXATION FOR THE SINGH PETROLEUM PROJECT
Council to Consider the Following:

1. Hold a Public Hearing;

2. Adopt Resolution Certifying the Final Environmental Impact Report (FEIR) (SCH# 2022120596), CEQA Findings of Fact, Statement of Overriding Considerations, and Mitigation
Measures/Monitoring Plan for the Singh Petroleum Project;

3. Adopt Resolution Approving a General Plan Amendment of APN: 191-250-06 to FC, Freeway Commercial (GPA-20-
60);

4. Introduce and Conduct First Reading of an Ordinance for Zoning Map Amendment related to the Pre-Zoning of the
Subject Annexation Area (REZ-20-61);

5. Adopt Resolution to Approve a Conditional Use Permit and Site Plan Review to Allow for the Development of a Travel Plaza on the Subject Properties (CUP-20-62 and SPR-20-
63); and

6. Adopt Resolution to Direct Staff to File an Application with San Joaquin Local Agency Formation Commission for the
Annexation of 22.42-acres (ANX-20-64)

5.2 DISCUSS PROPOSED COMMEMORATIVE LIGHTING POLICY FOR THE

CITY OWNED PALM TREES
City Council to Discuss and Consider Adopting a Resolution Approving the Commemorative Lighting Policy for the City Owned Palm Trees

6. COUNCIL COMMUNICATIONS
8 July 8, 2024 Lathrop City Council Regular Meeting Agenda Page 8

6.1 COUNCILMEMBER TORRES-O’CALLAGHAN REFERRAL –
Discuss Installing Traffic Signal at Central Pacific and Spartan Way, Near the High School

6.2 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Ava Community Energy (Diallo/Torres-O’Callaghan)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Dhaliwal/Diallo)
• Integrated Waste Management Solid Waste Division (Akinjo/Torres-O’Callaghan) • Local Agency Formation Commission (LAFCo) (Diallo)
• Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Vacancy)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan)

6.3 MAYOR & COUNCILMEMBER COMMENT(S)

7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
9 PAGE LEFT

INTENTIONALLY
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26 CITY MANAGER' S REPORT ITEM 4. 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CITY OF LATHROP POET LAUREATE PROGRAM
RECOMMENDATION: Adopt Resolution Establishing the City of Lathrop Poet Laureate Program and Authorizing the City
Manager to Execute Grant Funding Agreement with
the Library & Literacy Foundation for San Joaquin
County
SUMMARY:

Staff has been made aware of a grant program through the Library and Literacy Foundation for San Joaquin County to establish the City' sfirst ever Poet Laureate.

The Library and Literacy Foundation for San Joaquin ( Foundation) has a mission to support programs in San Joaquin County communities that foster literacy and promote the power of reading to enrich lives. The Foundation desires to support the founding of the City of Lathrop' sPoet Laureate Program.

The Poet Laureate Program shall support Lathrop literacy programs and foster appreciation for poetry and its benefits through reading poetry at civic events, development of commemorative poems that express Lathrop life, and providing workshops to the community. Goals include offering poetry workshops to the community, supporting Lathrop Library' searly childhood and adult literacy programs, fostering an appreciation of poetry in the lives of community members and increasing community awareness of the benefits and importance of poetry and the literary arts.

The award of $ 15, 000 will be granted for use beginning July 1, 2024 through June 30, 2027. Any unused funds at the end of each fiscal year ( June 30) will be rolled over to the next fiscal year throughout the course of this agreement until the funds are exhausted.

Staff recommends that City Council authorize City Manager to accept the grant to develop the Poet Laureate Program over three ( 3) fiscal years and appropriate funds.

This action would not allow any direct donations to City staff, in conformance with the rules and regulations pursuant to California Government Code, Section 53234et. seq.

BACKGROUND:

Staff has been made aware of a grant program through the Library and Literacy Foundation for San Joaquin County to establish the City' s first ever Poet Laureate.

The Library and Literacy Foundation for San Joaquin ( Foundation) has a mission to support programs in San Joaquin County communities that foster literacy and promote the power of reading to enrich lives. The Foundation desires to support the founding of the City of Lathrop' sPoet Laureate Program. 27 CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

CITY OF LATHROP POET LAUREATE PROGRAM
Page l 2
The Poet Laureate Program shall support Lathrop literacy programs and foster appreciation for poetry and its benefits through reading poetry at civic events, development of commemorative poems that express Lathrop life, and providing workshops to the community. Goals include offering poetry workshops to the community, supporting Lathrop Library' s early childhood and adult literacy programs, fostering an appreciation of poetry in the lives of community members and increasing community awareness of the benefits and importance of poetry and the literary arts.

The following project description has been approved by the Foundation; Establish a Poet Laureate program to inspire local residents, especially the youth, to develop a life- long appreciation of literature, remind the community about the importance of literature and poetry, invest in Lathrop' s human capital and talent, and build its capacity and advocacy for reading and literary arts.

The Poet Laureate Program has the goal of accomplishing the following objectives:

1. Selection of Poet Laureate by a selection committee
a. Two ( 2) Commissioners each from the Parks and Recreation Commission, Senior Advisory Commission, and the Youth Advisory Commission will serve as the selection committee.

2. Work with the City of Lathrop to compose one original poem per year dedicated to the City of Lathrop at a City Council Meeting and provide public readings of original work at specific civic events

3. Work with Youth Advisory Commission to Host a teen, Spoken Word event, i.e. poetry slam)

4. Work with Senior Advisory Commission to Host a free poetry workshop

5. Work with the San Joaquin County Library, Lathrop Branch, to host both an early childhood literacy program and a free poetry workshop to the general public, at the library

6. Work with both the Manteca Unified School District and River Islands Academies to host a literacy event at each school located within the City limits.

7. Participate in a minimum of six ( 6) events per year The award of $ 15, 000 will be granted for use beginning July 1, 2024 through June 30, 2027. Any unused funds at the end of each fiscal year ( June 30) will be rolled over to the next fiscal year throughout the course of this agreement until the funds are exhausted.

Staff recommends that City Council authorize City Manager to accept the grant to develop the Poet Laureate Program over three ( 3) fiscal years and appropriate funds.

This action would not allow any direct donations to City staff, in conformance with the rules and regulations pursuant to California Government Code, Section 53234et. seq.
28 CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

CITY OF LATHROP POET LAUREATE PROGRAM
RECOMMENDATION:

Staff recommends that the City Council authorize City Manager to accept the grant to develop the Poet Laureate Program over three ( 3) fiscal years and appropriate funds.

FISCAL IMPACT:

Funding will give the City an opportunity to create a Poet Laureate program. The administrative costs associated with this program will be absorbed into the Council approved FY23- 25 biennial operating budget. The grant proceeds are anticipated to cover all Poet Laureate Program related costs and there is no requirement of local match funds.

ATTACHMENTS:

A. Resolution Establishing the City of Lathrop Poet Laureate Program and Authorizing the City Manager to Execute Grant Funding Agreement with the Library & Literacy Foundation for San Joaquin County
B. Poet Laureate Grant Funding Agreement Between the City of Lathrop and the Library and Literacy Foundation for San Joaquin County 29 CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

CITY OF LATHROP POET LAUREATE PROGRAM
APPROVALS:

7 ! 1 t ZosLi
Thomas Hedegard Date
Deputy City Manager
11( vo
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
7 Z . z4
30 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

ESTABLISHING THE CITY OF LATHROP POET LAUREATE PROGRAM AND

AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT FUNDING

AGREEMENT WITH THE LIBRARY & LITERACY FOUNDATION FOR SAN

JOAQUIN COUNTY
WHEREAS, staff has been made aware of a grant program through the Library and Literacy Foundation for San Joaquin County to establish the City' sfirst ever Poet Laureate. The Library and Literacy Foundation for San Joaquin ( Foundation) has a mission to support programs in San Joaquin County communities that foster literacy and promote the power of reading to enrich lives; and
WHEREAS, the Foundation desires to support the founding of the City of Lathrop' s
Poet Laureate Program; and
WHEREAS he following project description has been approved by the Foundation; Establish a Poet Laureate program to inspire local residents, especially the youth, to develop a life- long appreciation of literature, remind the community about the importance of literature and poetry, invest in Lathrop' s human capital and talent, and build its capacity and advocacy for reading and literary arts; and WHEREAS, the Poet Laureate Program has the goal of accomplishing the following objectives:

1. Selection of Poet Laureate by a selection committee
a. Two ( 2) Commissioners each from the Parks and Recreation Commission, Senior Advisory Commission, and the Youth Advisory Commission will serve as the selection committee.

2. Work with the City of Lathrop to compose one original poem per year dedicated to the City of Lathrop at a City Council Meeting and provide public readings of original work at specific civic events

3. Work with Youth Advisory Commission to Host a teen, Spoken Word event, i.e. poetry slam)

4. Work with Senior Advisory Commission to Host a free poetry workshop

5. Work with the San Joaquin County Library, Lathrop Branch, to host both an early childhood literacy program and a free poetry workshop to the general public, at the library

6. Work with both the Manteca Unified School District and River Islands Academies to host a literacy event at each school located within the City limits.

7. Participate in a minimum of six ( 6) events per year; and WHEREAS, the award of $ 15, 000 will be granted for use beginning July 1, 2024 through June 30, 2027. Any unused funds at the end of each fiscal year ( June 30) will be rolled over to the next fiscal year throughout the course of this agreement until the funds are exhausted.; and
31 NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to accept the grant to develop the Poet Laureate Program over three ( 3) fiscal years and appropriate funds.

The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 32 July 1, 2024
Thomas R. Hedegard
Deputy City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Dear Mr. Hedegard:

It is my pleasure to inform you that the Library & Literacy Foundation for San Joaquin has approved a $ 15, 000 grant from the Library & Literacy Foundation to support the founding of the City of Lathop' sfirst Poet Laureate Program.

Please note that payment of this grant is pending receipt of an executed grant agreement. This grant is subject to the terms outlined in the enclosed Grant Agreement. After you have reviewed these documents, please have an appropriate officer countersign the enclosed agreement, scan it into a PDF, and submit it via email to glorente@sanjoaquincf. org within 10 ( ten) days. You may also hand deliver the signed grant agreement to our offices. We require an authorized representative of your organization to sign it. If you require formal approval of the grant agreement by your board of directors, please let us know the timeline for that process to occur. The signed original should be retained for your files.

We are delighted to offer this support to your organization and look forward to working with you during the course of the grant.

Sincerely,
Frances Richardson
President
Enclosure
33 Library & Literacy Foundation for San Joaquin

GRANT AGREEMENT
This Grant from the Library & Literacy Foundation for San Joaquin ( the " Foundation") is to be used only for the purposes described below and is subject to your acceptance of the conditions specified below. This Agreement will be effective when it has been signed by an authorized representative of your organization and a signed copy is received by the Foundation ( electronic PDF acceptable.) Grantee: City of Lathrop
Grant Amount: $ 15, 000 ($5, 000 per fiscal year)
Grant Number: 24- 0628
Time Period: July 1, 2024 —June 30, 2027 ( 3 -Year period). Only expenses related to this time period may be charged against grant funds.

Project Title: City of Lathrop, Poet Laureate Program
Project
Description:

Objective( s):

Establish a Poet Laureate program to inspire local residents, especially the youth, to develop a life- long appreciation of literature, remind the community about the importance of literature and poetry, invest in Lathrop' s human capital and talent, and build its capacity and advocacy for reading and literary arts.

1. Selection of Poet Laureate by a selection committee

2. Work with the City of Lathrop to compose one original poem per year dedicated to the City of Lathrop at a City Council Meeting and provide public readings of original work at specific civic events ( i.e. July 1st and Family Fun Night).

3. Work with Youth Advisory Commission to Host a teen, Spoken Word event, (i.e. poetry slam)

4. Work with Senior Advisory Commission to Host a free poetry workshop

5. Work with the San Joaquin County Library, Lathrop Branch, to host both an early childhood literacy program and a free poetry workshop to the general public, at the library

6. Work with both the Manteca Unified School District and River Islands Academies to host a
literacy event at each school located within the City limits.

7. Participate in a minimum of six ( 6) events per year Library & Literacy Foundation for San Joaquin — Grant # 24- 0628 Page 1 of 7 34 I. IRS DETERMINATION
This grant is specifically conditioned upon Grantee' sstatus as an eligible grantee of the Foundation.

Grantee is a political subdivision or instrumentality of government that is tax- exempt under section 170( c)( 1) of the Internal Revenue Code.

II. GRANTEE' SFINANCIAL RESPONSIBILITIES
Grantee shall treat grant funds as restricted assets and shall maintain books to show the grant funds separately. All expenditures made in furtherance of the purposes of the grant shall be charged off against the grant and shall appear on Grantee' s books. Grantee shall keep adequate records to substantiate its expenditures of grant funds. Grantee is expected to maintain complete and accurate financial records of revenues and expenditures relating to the grant for at least four (4) years after the Grantee has expended the last of the grant funds. In the event that the Foundation is audited by any government agency, it may be necessary, in rare instances, for the Foundation to examine, audit, or have audited the records of Grantee insofar as they relate to activities supported by this grant. Any expenses related to such activities will be borne by the Foundation.

III. REPORTING
To enable the Foundation to evaluate the effectiveness of this grant, Grantee shall submit to the Foundation a written report for any annual accounting period of Grantee during which Grantee receives, holds, or spends any of the grant funds. If more than one report is required, the final report shall outline Grantee' suse of all grant funds and charitable activities from the date of the initial disbursement of this grant until Grantee expended the last of the grant funds.

IV. EXPENDITURE OF GRANT FUNDS
The grant is for the purpose( s) stated in this agreement. Grant funds may be expended only in accordance with the terms set forth herein. Grant funds may not be expended for any other purpose without prior written approval by the Foundation. Grantee shall repay to the Foundation any portion of the grant funds which is not spent or committed for the purposes stated in this agreement. Permission to make any major change ( line items added or deleted or transfers among line items greater than 20 percent of the approved line item amount) to the approved budget must be requested in writing, and approved by the Foundation in advance of the implementation of the change.

Grantee shall not use any portion of the grant to participate or intervene in any political campaign on behalf of or in opposition to any specific candidate for public office, to induce or encourage violations of law or public policy, to cause any private inurement or improper private benefit to occur, or to take any other action inconsistent with Code Section 501( c)( 3). Grantee shall not use any portion of the grant funds to support any form of violent political activity, terrorists, or terrorist organizations. Grantee shall not use any portion of the grant for reportable or disclosable activities under applicable state or local campaign finance disclosure or election laws, such as ballot measure contributions.

Library & Literacy Foundation for San Joaquin — Grant # 24- 0628 Page 2 of 7 35 The grant shall not be used in any attempt to influence legislation within the meaning of Section 4945( e) of the Code, and neither the Foundation nor the Grantee has entered into any agreement, oral or written, to that effect. This prohibition shall not prevent Grantee from using grant funds for communications that do not qualify as lobbying under federal tax law, such as communications with legislators that do not refer to any specific legislation or that refer to legislation without reflecting any view on it; Grantee may also use grant funds for communications that qualify for any exception to the definition of lobbying under federal tax law, such as nonpartisan analysis, study, or research, or certain responses to requests from a legislative or government agency for comments on legislation.

V. NO PLEDGE
Neither this Agreement nor any other statement, oral or written, nor the making of any contribution or grant to Grantee shall be interpreted to create any pledge or any commitment by the Foundation or by any related person or entity to make any other grant or contribution to Grantee or any other entity for this or any other project. The grant contemplated by this Agreement shall be a separate and independent transaction from any other transaction between the Foundation and Grantee or any other entity.

VI. PUBLICATIONS; LICENSES
Any information contained in publications, studies, or research funded by this grant shall be made available to the public in electronic form following such reasonable requirements or procedures as the Foundation may establish from time to time. Grantee grants to the Foundation an irrevocable, nonexclusive license to publish any publications, studies, or research funded by this grant at its sole discretion.

VII. ANTI -DISCRIMINATION
Grantee agrees that, in the performance of this Agreement, it will not unlawfully discriminate in its employment practices, volunteer opportunities, or the delivery of programs or services, on the basis of race, color, religion, gender, national origin, ancestry, age, medical condition, handicap, veteran status, marital status, sexual orientation, or any other characteristic protected by law.

VIII. USE OF SUBGRANTEES OR CONTRACTORS
With regard to the selection of any subgrantee necessary to carry out the purposes of the grant, Grantee retains full discretion and control over the selection process, acting completely independently of the Foundation. There is no agreement, written or oral, by which the Foundation may cause Grantee to choose any particular subgrantee or contractor. Specifically, the Foundation is not earmarking Grant funds for any particular consultant or third party selected by Grantee and named in Grantee' s grant proposal, and the
final selection of such consultants or third party service providers is within the discretion of Grantee. Any references in Grantee' s
proposed budget to specific named third parties who are projected to receive service fees from Grant funds, are understood by the Foundation to be statements of Grantee' scurrent intent, and the final selection of such third parties and the terms their engagement by Grantee ( including the amount of fees) is within Grantee' s discretion and control.

Library & Literacy Foundation for San Joaquin — Grant # 24- 0628 Page 3 of 7 36 IX. PUBLICITY, PUBLICATIONS, AND COMMUNICATIONS
The Foundation should be recognized for its support of your work in your public communications about the funded project or activities. For example, please note the Foundation' s support on any websites or
web pages about the project and in any announcements or other materials funded by this grant. The Foundation grants the use of a special fund logo as part of this recognition, and Grantee should endeavor to use this logo when crediting the Foundation.

If you believe that publicly recognizing the Foundation' sfunding of your work may not be appropriate — either for the Grantee or the Foundation — please contact the Foundation to discuss options.

X. INDEMNIFICATION
In the event that a claim of any kind is asserted against the Grantee or the Foundation related to or arising from the project funded by the grant and a proceeding is brought against the Foundation by reason of such claim, the Grantee, upon written notice from the Foundation, shall, at the Grantee' s expense, resist
or defend such action or proceeding, at no cost to the Foundation, by counsel approved by the Foundation in writing.

Grantee hereby agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Foundation, its officers, directors, employees, and agents, from and against any and all claims, liabilities, losses, and expenses ( including reasonable attorneys' fees) directly, indirectly, wholly, or partially arising from or in connection with any act or omission by Grantee, its employees or agents, in applying for or accepting the grant, in expending or applying the grant funds, or in carrying out any project or program supported by the grant, except to the extent that such claims, liabilities, losses, and expenses arise from or in connection with any act or omission by the Foundation, its officers, directors, employees, or agents.

XI. NO AGENCY
Grantee is solely responsible for all activities supported by the grant funds, the content of any product created with the grant funds, and the manner in which any such product may be disseminated. This Agreement shall not create any agency relationship, partnership, or joint venture between the parties, and Grantee shall make no such representation to anyone.

XII. FURTHER ASSURANCES
Grantee acknowledges that it understands its obligations imposed by this Agreement, including but not limited to those obligations imposed by reference to the Code. Grantee agrees that if Grantee has any doubts about its obligations under this Agreement, including those incorporated by reference to the Code, Grantee will promptly contact the Foundation.

The Foundation will not distribute Grantee materials ( grant proposal, grant reports) to any outside party, unless required by law, without written consent of the Grantee.

XIII. NO WAIVERS
The failure of the Foundation to exercise any of its rights under this Agreement shall not be deemed a waiver of such rights.

Library & Literacy Foundation for San Joaquin — Grant # 24- 0628 Page 4 of 7 37 XIV. TERMINATION
The Foundation, at its sole option, may terminate this agreement or withhold payments, or both, at any time, if, in the Foundation' sjudgment: a) the Foundation is not satisfied with the quality of the Grantee' s progress toward achieving the project goals; b) the Foundation is of the opinion that the Grantee is incapable of satisfactorily completing the project or has ceased to be an appropriate means of accomplishing the purposes of the grant; c) the Grantee dissolves or fails to operate; or d) the Grantee materially fails to comply with the terms and conditions of this agreement, including but not limited to failure to submit reports when due. If termination occurs prior to the scheduled end date, the Grantee shall, upon request by the Foundation, provide to the Foundation a full accounting of the receipt and disbursement of funds and expenditures incurred under the grant as of the effective date of termination.

Within sixty ( 60) days after written request by the Foundation, the Grantee shall remit all grant funds unexpended as of the effective date of termination. The Foundation may also avail itself of any other remedies available at law.

XV. LIMITATION
This Agreement contains the entire agreement between the parties with respect to the Grant and supersedes any previous oral or written understandings or agreements. It is expressly understood that by making this Grant, the Foundation has no obligation to provide other or additional support to the Grantee for purposes of this project or any other purposes.

XVI. GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the substantive laws of the State of California. Any laws that direct the application of another State' slaw to this Agreement will be disregarded.

XVII. ACCEPTANCE OF TERMS AND CONDITIONS
On behalf of the Library & Literacy Foundation for San Joaquin, I extend every good wish for the success of this project.

By:

Frances Richardson
President, Library & Literacy Foundation for San Joaquin Date:

Moses Zapien
Treasurer, Library & Literacy Foundation for San Joaquin Date:

Library & Literacy Foundation for San Joaquin — Grant # 24- 0628 Page 5 of 7 38 I acknowledge that the Grantee has received and retained a copy of this document. The above terms and conditions are hereby accepted and agreed to as of the date specified.

Accepted on behalf of the City of Lathrop.

Approved By:

Stephen J. Salvatore
City Manager, City of Lathrop
Date:

Approved as to For
Attest:

Salvador Navarrete
City Attorney, City of Lathrop
Date: 1//( 07, 1 -
Teresa Vargas
City Clerk/ Director of Government Services, City of Lathrop Date:

Library & Literacy Foundation for San Joaquin - Grant # 24- 0628 Page 6 of 7 39 PAGE LEFT

INTENTIONALLY
BLANK
40 CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM:

ITEM 4.

APPROVE OUT OF STATE TRAVEL AUTHORIZING THE

PARKS AND RECREATION DIRECTOR TO ATTEND

TWO OUT-F- STATE MEETINGS IN HIS ROLE AS A

REGENT OF THE BOARD OF THE NATIONAL

RECREATION AND PARK ASSOCIATION, REVENUE

DEVELOPMENT AND MANAGEMENT SCHOOL
RECOMMENDATION: Adopt a Resolution Authorizing Out of State Travel for the Parks and Recreation Director to Attend the
National Recreation and Park Association, Revenue
Development and Management School Midyear
Meeting August 5-6, 2024, in Denver Colorado and a
Meeting at the School March 10-4, 2025, in
Wheeling, West Virginia
SUMMARY:

In April of 2022, the Parks and Recreation Director was appointed to the National Recreation and Park Association, Revenue Development and Management School, Board of Regents. The Revenue Development and Management School is a comprehensive and unique professional development program focused on driving proven revenue management and development techniques. It is targeted toward agencies that rely wholly or in -part on generating revenues, such as organizations associated with state or local parks, leisure services, military recreation, and other nonprofits. Attendees learn best -practice techniques taught by practitioners who have demonstrated their financial efficacy and success within their own agencies.

This program provides thought -provoking sessions, best -in - practice trends, and a unique way to network and connect with Parks and Recreation professionals from across the Country. The Board of Regents position is an initial three- year commitment, and this is year two of three. Staff is requesting Council approve a resolution authorizing out-f- state travel for the Parks and Recreation Director to attend at no cost to the City.

BACKGROUND:

Established in 1965, the National Recreation and Park Association Revenue Development and Management School marked the inception of a national revenue education program and remains the sole Revenue School which assist those agencies that rely wholly or in part on generating revenues, such as state or local parks, leisure services, military recreation, and other nonprofits. As a member of the Board, each Regent helps organize, plan, and teach best -practice techniques to professionals from across the United States and Canada. Additionally, the Revenue Development and Management School allows for the City' s Parks and Recreation Director to be 41 CITY MANAGER' SREPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS AND

RECREATION DIRECTOR TO ATTEND TWO OUT-F- STATE MEETINGS IN HIS

ROLE AS A REGENT OF THE BOARD OF THE NATIONAL RECREATION AND

PARK ASSOCIATION, REVENUE DEVELOPMENT AND MANAGEMENT SCHOOL immersed in an unparalleled learning experience, while engaging with fellow Board of Regents and accomplished professionals who are pioneers in Revenue Management and Development for the Parks and Recreation Divisions of their agencies. The City' s participation will not only provide staff with current best practices, but it will foster partnerships with fellow professionals and assist the City' s Parks and Recreation Department with spending and saving strategies.

FISCAL IMPACT:

There is no cost to the City for the Parks and Recreation Director to attend the Midyear meeting or the Revenue Development and Management School, other than staff time.

As a Regent of the Board, all costs are covered by the National Recreation and Park Association, Revenue Development and Management School.

ATTACHMENTS:

A. Resolution to Authorize Out -of -State Travel to Allow the Parks and Recreation Director to Attend the National Recreation and Park Association Revenue Development and Management School Board of Director Meeting August 5-6, 2024, in Denver Colorado and on March 10- 14, 2025, in Wheeling, West Virginia B. Attend the National Recreation and Park Association Revenue Development and Management School Annual Meeting, in West Virginia on March 10- 14, 2025, in Wheeling, West Virginia
42 CITY MANAGER' SREPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS AND

RECREATION DIRECTOR TO ATTEND TWO OUT-F- STATE MEETINGS IN HIS

ROLE AS A REGENT OF THE BOARD OF THE NATIONAL RECREATION AND

PARK ASSOCIATION, REVENUE DEVELOPMENT AND MANAGEMENT SCHOOL APPROVALS:

Skk\ e----- lD• 2oPrI
Todd Sebastian Date
Director of Parks and Recreation
Julia' iha Burns
OM, T2ANA/ 14X
Director of Human Resources
Leif / 2-4'
Date
o.2_ozy
Salvador Navarrete Date
City Attorney
L / II / Zo2` 1
Thomas Hedegard Date
Deputy City Manager
to - IS .1 -4 -
Step en J. Salvatore Date
City Manager
43 RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING OUT-F- STATE TRAVEL TO ALLOW THE PARKS AND

RECREATION DIRECTOR TO ATTEND THE NATIONAL RECREATION AND PARK

ASSOCIATION REVENUE DEVELOPMENT AND MANAGEMENT SCHOOL BOARD OF DIRECTOR MEETING AUGUST 5-6, 2024, IN DENVER COLORADO AND ON MARCH 10-4, 2025, IN WHEELING, WEST VIRGINIA
WHEREAS, the Parks and Recreation Director was appointed to the National Recreation and Park Association, Revenue Development and Management School, Board of Regents in April of 2022; and
WHEREAS, the National Recreation and Park Association, Revenue Development and Management School will provide the Parks and Recreation Director the opportunity to present thought -provoking education sessions, learn the newest and best in practice trends, network with fellow Board of Regents and accomplished professionals from across the Country, who are pioneers in Revenue Management and Development for the Parks and Recreation Divisions of their Agencies; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby authorize Out -of -State Travel to Allow the Parks and Recreation Director to Attend the National Recreation and Park Association Revenue Development and Management School Board of Director Meeting August 5-6, 2024, in Denver Colorado and on March 10- 14, 2025, in Wheeling, West Virginia
44 The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 45 ATTACHMENT
4 NRPA NATIONAL Z' rEATION
r

AND PARK ASSOCIATION
404
NRPA
d
Revenue
Develoment & Mangpem g
e nt
School
Revenue Development and Management School
The Revenue Development and Management School is a comprehensive and unique professional development program focusing on proven revenue management and development techniques. It' s targeted towards agencies that rely wholly or in part on generating revenues, such as organizations associated with state or local parks, recreation, leisure services, military recreation and other nonprofits.

Who should attend
Agency supervisors, managers and directors who are responsible for generating revenues.

Registration, Fees, and Dates
Save the date!
March 9- 14, 2025
All dates are subject to change.

For more information on registration and other details, contact Oglebay at ntc@oglebay. com Location
The Revenue Development and Management School is hosted annually at the Oglebay Resort in Wheeling, West Virginia ( https:// oglebay. com/ stay/) in partnership with the National Training Center https:// oglebay. com/ NTC) at Oglebay.

Partnership
46 Revenue Development and Management School is a partnership between the National Recreation Park Association, the National Training Center at Oglebay, and North Carolina State University.

Key Subjects Covered
First Year Curriculum
Philosophy and Politics of Revenue Generation
Philosophy Impacts on Cost -Recovery and Pricing
Understanding the Big Financial Picture
How a Budget is Born
Speed Sessions
Thinking Like an Entrepreneur
Aligning Priorities and Performance
Insights Into Your Customers' Needs, Wants & Values
Creating Experiences That Reflect Today' s Consumers
Evaluating the Customer Experience
Positioning and Marketing Your Organization and Service Working with Vendors, Contractors, and Partners
Monitoring & Managing Your Budget
Spending and Saving Strategies to Make the Most of your Money DEI Session
Know Your Numbers
Second Year Curriculum
Strategic Planning
Marketing Plans
Business Plans
Budgeting Models, Special Funds & Fees
Financing
Using Data To Improve Your Service and Operations
Measuring Your Economic Impact
47 Year 2 Team Project
Revenue Generation: Parks & Facilities
Revenue Generation: Events R Sponsorships
Revenue Generation: Recreation Programs
Fundraising, Grants, Other Revenue Opportunities
Project Management
Reflecting on Revenue School with a Real -Life Project
What do graduates say?
Revenue Development and Management school provided a comprehensive overview of all aspects in the parks and recreation business which affect revenue. It provided great networking opportunities with other municipalities, and many valuable tools to take back to your own municipality and apply" — Jillian Fleming, City of Waterloo, Waterloo, Ontario, Canada It was the best week, 1 learned SO much! Now, not a week goes by that my boss doesn' t say, I'm glad
1 sent you to the Revenue Development and Management School!" — Julie Calloway, CPRP, City of Boulder City, Nevada
Best educational experience I have had in my professional career. 1 will be implementing many of the strategies 1 learned when I get back to my home community" — Gary Johnson, Town of Smithfield Parks and Rec. Dept., Smithfield, North Carolina
The Revenue Development and Management School provides the opportunity for professionals in the field to enhance their skills and share current ( real -life) issues with each other in an effort to improve parks and recreation operations throughout the country." — Carolyn Angiollillo, Manatee County Parks and Recreation Dept., Bradenton, Florida
48 CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM:

ITEM 4. 5

APPROVE OUT OF STATE TRAVEL FOR COUNCIL
MEMBERS TO ATTEND " EXPERIENCIA PUERTO RICO
2024", AS MEMBERS OF THE NATIONAL LEAGUE OF

CITIES SMALL CITIES COUNCIL
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for the Two ( 2) Council Members to Attend " Experiencia
Puerto Rico 2024" in San Juan, Puerto Rico, August
26-8, 2024, as Members of the National League of
Cities Small Cities Council
SUMMARY:

The National League of Cities ( NLC) is an organization comprised of city, town and village leaders that are focused on improving the quality of life for their current and future constituents. The NLC has various advocacy Boards and Committees that specialize in various topics significant to municipalities. For example, the Small Cities Council ( SCC), which is open to municipal officials from member cities with populations of 50, 000, or less. Participants share ideas and creative solutions to challenges affecting small cities. Currently, Vice Mayor Diallo, Council Member Akinjo, and Council Member Torres -O' Callaghan serve as Members of the Small Cities Council for the National League of Cities.

This year, the NLC SCC has chosen Experiencia Puerto Rico 2024, hosted by the International Forum of Local Governments, as the official location for its Annual Board Meeting, in celebration of its 100 years of foundation. Experiencia Puerto Rico is an event focused on topics related to Municipal Governments in Latin America and the United States. The event will serve as a forum to come together to share ideas, projects, visions, and promote a better quality of life to our communities. The main focus will be on the inclusion of the public and private sectors and their roles and relevance in good governance, as well as transparency and ethics in the pursuit.

Since City policy requires Council approval for all out of state travel, staff requests approval for up to three Council Members to attend the Experiencia Puerto Rico 2024.

The cost per Council Member is approximately $ 5,00, which includes actuals and estimates for conference registration, hotel, airfare, transportation and meals ( not provided by the conference). This request would allow travel for Vice Mayor Diallo and Council Member Akinjo. Due to scheduling conflicts, Council Member Torres - O' Callaghan in unable to travel during this time.

REASON FOR RECOMMENDATION:

Attendance to these conferences allow Council Members the opportunity to enhance their knowledge on government law and policy. Thus, furthering the interests of the Lathrop community, while promoting and implementing innovative solutions, and awareness about issues of concern to all residents of Lathrop. 49 CITY MANAGER' SREPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVE OUT OF STATE TRAVEL FOR TWO COUNCIL MEMBERS TO ATTEND EXPERIENCIA PUERTO RICO 2024", AS MEMBERS OF THE NATIONAL

LEAGUE OF CITIES SMALL CITIES COUNCIL
FISCAL IMPACT:

Staff requests out of state travel approval for two ( 2) Council Members to attend the Experience Puerto Rico 2024. The City Council training and travel budget, for FY 24- 25, includes in -state training and travel. Therefore, a budget amendment will be needed to cover this out of state travel, as it was not included in the current budget.

The cost per Council Member is approximately $ 5,00, which includes actuals and estimates for conference registration, hotel, airfare, transportation and meals. This request would allow travel for Vice Mayor Diallo and Council Member Akinjo. Due to scheduling conflicts, Council Member Torres -O' Callaghan in unable to travel during this time.

Budget Amendment
City Council ( 1010-1- 10) Training & Travel Expense Account - $ 11, 000.

ATTACHMENTS:

A. Resolution Approving Out of State Travel to the Experiencia Puerto Rico 2024 in San Juan, Puerto Rico from August 26-8, 2024.

B. Experiencia Puerto Rico 2024 in San Juan, Puerto Rico Registration Information.
50 CITY MANAGER' SREPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVE OUT OF STATE TRAVEL FOR TWO COUNCIL MEMBERS TO ATTEND EXPERIENCIA PUERTO RICO 2024", AS MEMBERS OF THE NATIONAL

LEAGUE OF CITIES SMALL CITIES COUNCIL
APPROVALS:
resa Vargas
vernment Services Director
City Clerk
Cari James
Director of . nce
Date/ 4) ki
tilal ota4/
Date
Ili (zdz`?
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete
City Attorney
Date
14 T7/ 11

1. Z•LI"
Stephen J. Salvatore Date
City Manager
51 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AUTHORIZING OUT OF STATE TRAVEL FOR THE TWO ( 2) COUNCIL MEMBERS TO ATTEND " EXPERIENCIA PUERTO RICO 2024" IN SAN JUAN, PUERTO RICO, AUGUST 26-8, 2024, AS MEMBERS OF THE NATIONAL LEAGUE OF

CITIES SMALL CITIES COUNCIL
WHEREAS, the National League of Cities ( NLC) is an organization comprised of city, town and village leaders that are focused on improving the quality of life for their current and future constituents; and
WHEREAS, the NLC has various advocacy Boards and Committees that specialize in various topics significant to municipalities. For example, the Small Cities Council ( SCC), which is open to municipal officials from member cities with populations of 50, 000, or less; and
WHEREAS, participants share ideas and creative solutions to challenges affecting small cities. Currently, Vice Mayor Diallo, Council Member Akinjo, and Council Member Torres -O' Callaghan serve as Members of the Small Cities Council for the National League of Cities; and
WHEREAS, this year, the NLC SCC has chosen Experiencia Puerto Rico 2024, hosted by the International Forum of Local Governments, as the official location for its Annual Board Meeting, in celebration of its 100 years of foundation; and WHEREAS, Experiencia Puerto Rico is an event focused on topics related to Municipal Governments in Latin America and the United States, and the event will serve as a forum to come together to share ideas, projects, visions, and promote a better quality of life to our communities; and
WHEREAS, the main focus will be on the inclusion of the public and private sectors and their roles and relevance in good governance, as well as transparency and ethics in the pursuit, and
WHEREAS, City policy requires Council approval for all out of state travel, staff requests approval for up to three Council Members to attend the Experiencia Puerto Rico 2024; and
WHEREAS, the cost per Council Member is approximately $ 5,00, which includes actuals and estimates for conference registration, hotel, airfare, transportation and meals. This request would allow travel for Vice Mayor Diallo and Council Member Akinjo. Due to scheduling conflicts, Council Member Torres - O' Callaghan in unable to travel during this time.
52 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approve out of state travel for Vice Mayor Diallo and Council Member Akinjo to attend the Experiencia Puerto Rico 2024, in San Juan, Puerto Rico, as representatives of the NLC SCC and City of Lathrop, August 26-8, 2024; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approve a budget amendment in the amount of $ 11, 000 to the City Council 1010-1- 10) Training & Travel Budget Expense Account.

The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROV ' AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 53 ATTACHMENT" 5 "
AUGUST 26-8, 2024
N/•
o/%

EXPERIENCIA INTERNATIONAL FORUM OF
PUERTO RICO2024 LOCAL GOVERNMENTS
SAVE THE DATE!
Sheraton Puerto Rico Hotel & Casino

ETHICS COMPLIANCE TRANSPARENCY
Official Invitation to Experiencia Puerto Rico 2024
Dear Municipal Leader,
We are pleased to announce the 9th edition of Experiencia Puerto Rico, an event focused on topics related to Municipalism in Latin America and the United States. We would like to extend our invitation for you to participate in this significant gathering. Experiencia Puerto Rico 2024 will take place in the City of San Juan, Puerto Rico, from August 26th to 28th, 2024, welcoming both local and international attendees. Our host hotel will be the Sheraton Puerto Rico Hotel & Casino, located in the Convention T -Mobile District. We will be announcing additional hotel options within 5 to 10 minutes of the event venue in the coming days.

Experiencia Puerto Rico 2024 will serve as a forum for us all to come together to share ideas, projects, visions, and promote a better quality of life for our communities. It is essential that we engage in dialogue and reassess our solutions within the framework of a new City model. The event is designed for Mayors, Municipal Legislators, Councilors, as well as officials involved in Finance, Municipal administration, Ethics, Compliance, and Governance. 54 As customary, we anticipate the participation of the National League of Cities ( NLC), which has chosen Experiencia Puerto Rico 2024 as its official stop this year in celebration of its 100 years of foundation. Likewise, the International City/ounty Management Association ICMA), both highly esteemed organizations in the United States regarding local government issues, will be present. Additionally, the Federation of Cities and Associations of Latin America, known as FLACMA, will join us, as well as members of the Confederation of Associations of Municipalities of Central America and the Caribbean ( CAMCAYCA), who will hold their annual assembly within the framework of Experiencia Puerto Rico 2024.

This year' s event will have a special focus on the inclusion of the private sector and its role and relevance in good governance. As part of the Chamber of Commerce of Puerto Rico' s work plan for this year, we will have a special session where various leaders from chambers of commerce across Latin America and the United States will be present to analyze common interests between the public and private sectors, as well as transparency and ethics in their pursuit.

We believe that your participation in the event will provide you with the opportunity to share experiences with colleagues and experts in these fields and enable you to actively engage in discussions taking place internationally on these fundamental topics for local governments. Finally, we see Experiencia Puerto Rico 2024 as a great opportunity to establish contacts and friendships with colleagues from the region. In addition to the extensive official agenda, we will have cultural exchange elements. As usual, the event will feature top- quality musical and cultural offerings, which we will be announcing soon.

We invite you to visit the website www. ExperienciaPuertoRico. com to learn more details about the event. You can also reach out via WhatsApp TEXT at 787- 415- 1912 or email at janluisrosado5Ca gmail. com or Whatsapp TEXT 787- 238- 8312. Alternatively, you can contact us via email at experienciapuertorico@gmail. com. Additionally, we encourage you to register immediately to reserve your spot at httn:// experienciapuertorico. com/ or If you wish to view the program, you can access it at https:// experienciapuertorico. com/ orograma/.

It would be our pleasure to have your special participation in our event. We look forward to welcoming you as a leader of your organization or municipality to this important gathering, where you will have the opportunity to witness the participation of world -class speakers and 55 engage with topics of high public interest, such as their relevance to the growth of cities in Latin America, the United States, and Puerto Rico. Furthermore, through this invitation, we would like to extend the participation to other members of your organization, municipality, or private company. We await your presence in Puerto Rico, confident that you will have an unforgettable learning experience while enjoying the beauty of Puerto Rico.

Warm regards,
Mickey J. Espada Medina
Executive Director
Experiencia Puerto Rico
Q

CONEEDERACION DE AEOCIACIONEE

NACIONALES OE RUMICINOS

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SAN JUAN
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NLC
ICMI

INTERNATIONAL CITY/OUNTY

MANAGEMENT ASSOCIATION
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For general information:
info@experienciapuertorico. com
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www. EXPERIENCIAPUERTORICO. com
FLACMA
56 ITEM 4. 6

CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT OF STATE TRAVEL FOR COUNCIL
MEMBERS TO ATTEND THE 2024 NATIONAL LEAGUE

OF CITIES CITY SUMMIT
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for Four ( 4) Council Members to Attend the 2024
National League of Cities City Summit in Tampa Bay,
Florida, November 13 - 16, 2024
SUMMARY:

The National League of Cities ( NLC) is an organization comprised of City, Town and Village leaders focused on improving the quality of life for their current and future constituents. The NLC has 100 years of experience in providing educational and resource programs dedicated to the development of local governments and their leaders. The NLC has members and supporters throughout 2, 700 cities across the nation. Their mission is to advocate for, and protect the interests of, cities, towns and villages by influencing federal policy, strengthening local leadership and driving innovative solutions. In order to expand educational training opportunities and take advantage of the legislative support services provided by the National League of Cities, the City of Lathrop became a member city in 2021.

The National League of Cities will be hosting their 2024 City Summit, November 13th through the 16th, in Tampa Bay, Florida. Since, City policy requires Council approval for all out of state travel, staff requests approval of the attached resolution authorizing travel for up to four ( 4) Council Members to attend the National League of Cities 2024 City Summit.

The City Council training and travel budget, for FY 24-5, includes funds for in -state training and travel. Therefore, a budget amendment will be needed to cover the proposed out of state travel, as it was not included in the current budget. The cost per Council Member is approximately $ 5,00, which includes actuals and estimates for conference registration, hotel, airfare, transportation and meals ( not provided by the conference). This request would allow travel for Vice Mayor Diallo, and Council Members Akinjo, Lazard and Torres -O' Callaghan.

REASON FOR RECOMMENDATION:

Councilmember participation allows the opportunity to learn about protecting the interests of our municipality, the federal policy and lawmaking process, strengthening local leadership and driving innovative solutions.
57 CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
NATIONAL LEAGUE OF CITIES 2024 CITY SUMMIT
FISCAL IMPACT:

PAGE 2
Staff requests out of state travel approval for four ( 4) Council Members to attend the National League of Cities 2024 City Summit, in Tampa Bay, Florida, November 13- 16, 2024. The FY 24-5, City Council training and travel budget includes funds for instate training and travel.

Therefore, a budget amendment will be needed to cover the requested out of state travel, as it was not included in the current budget. The cost per Council Member is approximately $ 5,00, which includes actuals and estimates for conference registration, hotel, airfare, transportation and meals. This request would allow travel for Vice Mayor Diallo, and Council Members Akinjo, Lazard and Torres -O' Callaghan.

Budget Amendment
City Council ( 1010-1- 10) Training & Travel Expense Account - $ 22, 000.

ATTACHMENTS:

A. Resolution Approving Out of State Travel to the 2024 National League of Cities City Summit to Tampa Bay, Florida from November 13-6, 2024.

B. 2024 National League of Cities City Summit to Tampa Bay, Florida Registration Information.
58 CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
NATIONAL LEAGUE OF CITIES 2024 CITY SUMMIT
APPROVALS:
resa Vargas
Government Services Director
City Clerk
Cari Jame
Finance D. ector
PAGE 3
Date
1PM
Date
7/ a/o. 0
l }
Thomas Hedegard Date
Deputy City Manager
1\ 7/Z4
Salvador Navarrete Date
City Attorney

7.2-4
Stephen J. Salvatore Date
City Manager
59 RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AUTHORIZING OUT OF STATE TRAVEL FOR FOUR ( 4) COUNCIL MEMBERS TO ATTEND THE 2024 NATIONAL LEAGUE OF CITIES CITY SUMMIT IN TAMPA BAY, FLORIDA, NOVEMBER 13 - 16, 2024
WHEREAS, the National League of Cities ( NLC) is an organization comprised of city, town and village leaders focused on improving the quality of life for their current and future constituents; and
WHEREAS, the NLC' s mission is to advocate for, and protect the interests of, cities, towns and villages by influencing federal policy, strengthening local leadership and driving innovative solutions; and
WHEREAS, in order to expand educational training opportunities and take advantage of the legislative support services provided by the National League of Cities, the City of Lathrop became a member city in 2021; and WHEREAS, the NLC will be hosting their 2024 City Summit, November 13th through the 16th, in Tampa Bay, Florida; and
WHEREAS, since City policy requires Council approval for all out of state travel, staff requests approval of the attached resolution authorizing travel for up to four ( 4) Council Members to attend the National League of Cities 2024 City Summit; and
WHEREAS, the City Council training and travel budget, for FY 24-5, includes funds for in -state training and travel. Therefore, a budget amendment will be needed to cover the proposed out of state travel, as it was not included in the current budget; and
WHEREAS, the cost per Council Member is approximately $ 5,00, which includes actuals and estimates for conference registration, hotel, airfare, transportation and meals ( not provided by the conference). This request would allow travel for Vice Mayor Diallo, and Council Members Akinjo, Lazard and Torres - O' Callaghan.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approve out of state travel for four ( 4) Council Members to attend the National League of Cities 2024 City Summit, in Tampa Bay, Florida, November 13-6, 2024; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approve a budget amendment in the amount of $ 22, 000 to the City Council 1010-1- 10) Training & Travel Budget Expense Account.

Resolution No. 24-
60 The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24-
61 ATTACHMENT " 3

HOME ATTEND N, SPONSORSHIP
193! 4031: A CENTURY OF STRENGTHENING CITIES

REGISTER NOW
100 Years in the Making... City
Summit 2024
For a century, the National League of Cities has been supporting local leaders in building thriving cities, town and villages. This November, secure your spot at City Summit to ensure you are a part of NLC' scentennial celebration.

City Summit is one of the most comprehensive conferences for local elected officials and municipal staff.

WITH OVER 4, 000 COLLEAGUES UNDER ONE ROOF, YOU WILL HAVE ACCESS TO:

LEARN
Workshops that cover trending and emerging topics that
impact local governments.

Timely resources that can help your community thrive.

Executive education to build your leadership skills.
62 NLC&
1914- 2034: A CENTURY OF STRENGTHENING CITIES

HOME ATTEND SPONSORSHIP REGISTER NOW
Workshops that cover trending and emerging topics that
impact local governments.

Timely resources that can help your community thrive.

Executive education to build your leadership skills.

From connecting you with experts and thought leaders to providing timely resources and opportunities to meet and network with peers from across the country, City Summit is a must -attend event for local government advocates.

Check- out our tentative 2024 Travel Planner and be sure to join us in Tampa Bay, Florida for our extended program. Preconference programming begins November 12th and main conference programming will kick- off November 13th. See you there!
Learn and grow your network at City Summit!
63 1924- 2024: A CENTURY Of STRENGTHENING CRIES

HOME ATTEND SPONSORSHIP REGISTER NOW
M aKe Your case?
Need to convince a supervisor that you should go to City Summit? Here are a few tips to help you make the case for your attendance...

Meet other staff and professionals working for local
government with whom you can exchange ideas and learn
from
Connect with experts and hear from renowned speakers
specializing in the issues and topics confronting local governments.

Learn the latest information and access cutting -edge
technology and resources to help your municipality work more efficiently and effectively.

And don' t
forget to say thank you when you return home.

Share information by volunteering to connect peers with someone you met.

Consider putting together a goodie bag ( save some of the free swag you picked up in the vendor hall) to show
appreciation.

Bring a Colleague
64 HOME ATTEND SPONSORSHIP
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INTENTIONALLY
BLANK
66 ITEM 4. 7

CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE PURCHASE OF FOUR ( 4) VEHICLES
FROM PHIL LONG FORD OF DENVER AND TWO ( 2)

VEHICLES FROM AMERICAN CHEVROLET OF

MODESTO
RECOMMENDATION: Adopt a Resolution Approving the Purchase of Four 4) Vehicles from PhD Long Ford of Denver and Adopt
a Resolution Approving the Purchase of Two ( 2)
Vehicles from American Chevrolet of Modesto
SUMMARY:

The Parks and Recreation Department is responsible for the purchasing and maintaining of City fleet vehicles and equipment for the purpose of operating facilities, construction of infrastructure, and public safety. Due to the growth of the City and necessary replacement of vehicles that have met their usable life span, new fleet vehicles are needed for staff to continue to efficiently perform Citywide services.

Staff is requesting Council approval of the purchase of six ( 6) vehicles.

Pursuant to the Lathrop Municipal Code ( LMC) section 2. 36. 050, staff attempted to secure Police Department vehicles through quotes from both local and State dealerships; however, no local dealer had in stock, Police Department vehicles.

Currently, wait times for Police Department vehicles are 9 to 18 months. Staff also communicated directly with the Ford Motor Company who confirmed that only one 1) dealership on the West Coast, Bud Clary Ford of Longview Washington, had very few in stock. Although staff immediately contacted Bud Clary Ford, the vehicles were already under contract with other government agencies. After looking nationwide, staff were only able to find in stock Police Department vehicles with Phil Long Ford of Denver. In reviewing the price of these Police Department vehicles, they align with the current market, even with the additional cost for transportation. Phil Long Ford of Denver provided a quote of $ 212,37 for four ( 4) Police Department vehicles.

Staff reached out to local dealerships to obtain quotes for the Public Works Department vehicles. American Chevrolet of Modesto provided the lowest quote of 113,24 for two vehicles. The quote is for two ( 2) Chevrolet Silverado 1500 pickup trucks. The two Public Works Department vehicles will be delivered outfitted pursuant to department specifications and will not need any additional upfitting. 67 CITY MANAGER' SREPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE THE PURCHASE OF FOUR ( 4) VEHICLES FROM PHIL LONG FORD OF DENVER AND TWO ( 2) VEHICLES FROM AMERICAN CHEVROLET OF

MODESTO
4) 2024 Ford Explorer
Police Interceptor
2) 2024 Chevrolet
Silverado 1500 Truck
Vehicle Cost
212,37
113,24
Total 325,61
BACKGROUND:

Due to the growth of the City of Lathrop and the need to replace vehicles that have met their life span, four ( 4) new vehicles are requested for the Police Department and two ( 2) new vehicles are requested for the Public Works Department, for a total of six ( 6) vehicles.

The City of Lathrop Police Department currently utilizes Ford Explorer Police Interceptors as their fleet. The Public Works Department vehicles are not brand specific, and Chevrolet' swere the lowest bidders. Police Department vehicles are in stock, and the Chevrolet' scan take up to 60 days.

RECOMMENDATION:

Staff recommends Council approve the purchase of six ( 6) vehicles, four ( 4) for the Police Department and two ( 2) for Public Works.

FISCAL IMPACT:

The total cost for the six ( 6) vehicles is $ 325,61. The breakdown for each department is $ 212,37 from the Police Department and $ 113,24 from the Public Works Department. Sufficient funds are available within the approved biennial budget for Fiscal Year 2023/4budget that will be carried forward for the purchase of (4) vehicles for the Police Department.

ATTACHMENTS:

A. Resolution Approving the Purchase of four ( 4) 2024 Ford Explorer Police Interceptors from Phil Long Ford of Denver
B. Resolution Approving the Purchase of two ( 2) 2024 Chevrolet Silverado 1500 Pickup Trucks from American Chevrolet of Modesto
C. Phil Long Ford of Denver Quote - four ( 4) 2024 Ford Explorer Police Interceptors
D. American Chevrolet of Modesto Quote - two ( 2) 2024 Chevrolet Silverado 1500 Pickup Trucks
68 CITY MANAGER' SREPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE THE PURCHASE OF FOUR ( 4) VEHICLES FROM PHIL LONG FORD OF DENVER AND TWO ( 2) VEHICLES FROM AMERICAN CHEVROLET OF

MODESTO
APPROVALS:

Todd 5eba idn Date
Director of Parks and Recreation
Let iO\
Cari James
Director of Fin
Date
Thomas Hedegard Date
Deputy City Manager
Michael King Date
Assistant City Manager
p en S
Chief of P
7 Z J 7OZ%

7. Z• ZoL. y
zOl( f
Date
11104,
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
69 RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE PURCHASE OF FOUR ( 4) 2024 FORD EXPLORER POLICE

INTERCEPTORS FROM PHIL LONG FORD OF DENVER FOR THE POLICE

DEPARTMENT
WHEREAS, due to growth of the City of Lathrop and the need to replace vehicles that have met their usable life span and staff requested quotes from multiple Ford dealerships for in stock Ford Explorer Interceptors; and WHEREAS, Phil Long Ford of Denver provided a quote for in stock desired Ford vehicles; and
WHEREAS, staff is requesting Council approve the purchase of the following vehicles from Phil Long Ford of Denver:

Vehicle Description Cost
Four ( 4) 2024 Ford Explorer Police Interceptor 212,37
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby approve the purchase of the listed four ( 4) vehicles for $ 212,37. 70 The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 71 ATTACHMENT
8 -
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE PURCHASE OF TWO ( 2) 2024 CHEVROLET SILVERADO 1500

PICKUP TRUCKS FROM AMERICAN CHEVROLET OF MODESTO FOR THE

PUBLIC WORKS DEPARTMENT
WHEREAS, due to growth of the City of Lathrop and the need to replace vehicles that have met their life span and staff requested multiple quotes from multiple dealerships; and
WHEREAS, American Chevrolet of Modesto provided the lowest quote for the two ( 2) desired vehicles; and
WHEREAS, staff is requesting Council approve the purchase of the following vehicles from American Chevrolet of Modesto:

Vehicle Description Cost
2) 2024 Chevrolet Silverado 1500 Pick Up Trucks 113,24
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby approve the purchase of the listed two ( 2) vehicles for $ 113,24. 72 The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 73 ATTACHMENT

PHIL LONG
QUOTE TO: City of Lathrop
ATTN: Todd Sebastian

QUOTE NUMBER

QUOTE DATE
Agency PO #.

CES PO#
TERMS

SALES REP

SHIPPED VIA
F. O. B.

PREPAID or COLLECT
062524- 1
June 25, 2024
Due on Receipt
Herman Sanchez
Driver
PRICE AGREEMENT: T. I.P.S. USA ( The Interlocal Purchasing System) # 220304 2024 Ford Police Explorer Interceptor Non Eco- Boost Exterior: Agate Black

QUANTITY DESCRIPTION - UNIT PRICE AMOUNT
4 Ford Utility Interceptor, Mid Size, four Door, AWD Police Pursuit Rated 48, 310. 0 193, 240. 0 Intl. Dark Car Feature, Driver Side Spotlight, Backup Camera, Police Engine Idle, Reverse Sensing, BLIS, Global Unlock, Keyless Entry) 4 Available Government Discount 1, 500. 00) 6, 000.0)
4 Transport To: 390 Towne Centre Dr. 1, 980. 0 7, 920. 0 Lathrop, CA 95330
Vehicles will not come with hubcaps due to Manufacturer No longer making hubcaps**
Additional Information:

Proposal valid for 30 Days
195,60. 0
195,60. 0
DIRECT ALL INQUIRIES TO: Phil Long Ford of Denver Total Herman Sanchez 7887 W. Tufts Ave. AMOUNT
505) 250- 9388
email: hsanchez@phillong. com
Denver, CO 80123
THANK YOU FOR YOUR BUSINESS!
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PRESSURE

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MILE BUMPER -
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POWERTRAIN MILE
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EXTENDED

SERVICE
PLAN
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INCLUDED
TH
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IS EQUIPMENVEHICLE
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FM 3. STEREO
3L

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V6
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ENGINE
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A
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BRACKET
MSRP) 2, 830. 00
NO
CHARGE 610. 00
NO NOCHARGE CHARGE 25. 00 395. 260. 00 00
545. 00 340. 00 50 20. 0 00
275. 00

NOCHARGE
pRI

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BASE
PRICE

TOTAL OPTI

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547, 165 .
00 450. 00
46, 715. 00 1, 595 .
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This
label
is
affixed
pursuant
to
the
Federal
Automobile
Information
Disclosure
Act.

Gasoline,
License,
and
Title
Fees,
State
and
Local
taxes
are
not
included.

Dealer
installed
options
oraccessories
are
not
included
unless
listed
above.

TOTAL
MSRP $
48, 310. 00
Whether
you
decide
to
lease
or
finance
your
fai
vehicle,
you' ll
find
the
choices
that
are
right
Ford
Credit
for
you.

See
your
dealer
for
details
or
visit
w
ford. com/ ww,
finance.

SPECIAL
ORDER
RA251
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2X
415
007113
01 25
24 EPA
Fuel
Economy
and
E
DOT Fuel
Ec
onomy
a1
MPG
Standard
SUVs
range
from
MPG.

The
best
vehicle
rates
Values
are
based
on
reflect
performance
and
E65 .
17 23

5. 3
combined
city/ hwy
city
highway
g
allo ns
per
100
Drivi
Ra
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Annual
fu
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cost
2, 850
Fuel
E
conomy &
Gree
This
vehicle
emits
462
grams
CO2
per
distributi
ng
fuel
also
creat
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emissions;
Act
ual
results
will
vary
f
or
many
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incl
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drivi
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c
onditins
a
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h
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your
vehicle .

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vehicle erag newe
gets
26 MP
and costsG

09. 750
to
f
uel
ar
e
bas
ed
on
000 15,
miles
per
year
at
53 .
60 per
gallon.

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is
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a
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equivale nt. on
Vehicle
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ons
area
significa
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ov
Calc
ulate
perso
nalized
estimat
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a
nd
c
ompar e
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ehicles G

OVERNMENT
5 -
STAR
SAFETY

RATINGS
Overall
Vehicl
e
Score * * * * *
Based
on
the
c
ombin ed
ratings
of
frontal,
sid
e
and
rollover .

Sh
ould
ONLY
be
c
ompared
to
other
vehicles
of
similar
size
and
weight .

Fr
ontal
Driv
er *
Crash
Pass
engr *
Bas
ed
on
the
risk
of
i
njury
in
a
fro
ntal
impact .

Sh
ould
ONLY
be
compared
to
other
vehicles
of
similar
size
and
weight .

Side
Fr
ont
seat * * * * *
Crash
Rear
seat * * * * *
Bas
edon
the
risk
of
injury
in
a
side
impact.

R
ollo ver * * * *
Based
on
the
risk
of
rollo
ver
in
a
single -
vehicle
crash .

Star
ratings
range
from
1 to
5 stars
1*

1. with
5 being
the
Source:

National
Highway
Traffic
Safety Administration (
www .
safercar .
gov
or
1 .
888 .
327- 4236
1FM5K8AB3RGA27823
III
II
III
III
II (
III
II
III
II
II
II
I
III
II
III
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IIIIIII
A
WARNING:

Operating,
servicing
and maintaining
apassenger
vehicle,
vehicle
can
expose
you
to
chemicals
including
engine
exhaust,
carbon
lead,
which
are
known
to
the
State
ofCalifornia
to
cause
cancer
and
birth
Tominimize
exposure,
avoid
breathing
exhaust,
do
not
idle
the
engine
except
as
vehicle
in
a
well -
ventilated
area
and
wear
gloves
or
wash
your
hands
frequently
For
more
information
go
toP65Wamings . www.
ca .
gov/ passenger- vehicle.
2 1
I
r
R
06/ 25024
75 ATrACHMENDate/ Time: Jul 1, 2024 12: 33 PM
i-
D

CHEVROLET
Buyer: City Of Lathrop City Of Lathror
Phone: C: (209) 319-039
Salesperson: Zach Riedinger
Salesperson:

Phone: H: (209) 941- 7372
Jonathon Quevedo
Address: 390 Towne Centre Dr
Lathrop, CA 95330
2024 Chevrolet Silverado 1500, Body Type:

Color: Summit White
Purchase 0 Months
Down Est. $/Monthly
0 113,23
MSRP/ Retail 102, 840. 0
Selling Price 102, 840. 0
Rebate 10, 000.

Total Savings + Rebate 10, 000.

Government Fee 83. 50
Proc/ Doc Fee 170. 00
Up Fit 10,30. 0
Total Taxes 9, 899. 75
Amount Financed 113,23. 25
Customer Signature Manager Signature
Date Date
Please submit this worksheet to Management for its review. 1 understand that ( i) this worksheet is neither an offer nor a contract and is not binding on the customer or the dealership, (ii) no offer to purchase any vehicle is binding until accepted in writing by an authorized American Chevrolet Sales manager on a California State Motor Vehicle Purchase Contract form and ( iii) Sales Consultant can not obligate or bind the customer or the dealership. 76 gm Vehicle Locator
Dealer Information

AMERICAN CHEVROLET
4742 MCHENRY AVE
MODESTO, CA 95356
Phone: 209- 575- 1606
Fax: 209- 41- 7825
1 GCUDAED7RZ123049
Model Year: 2024
Make: Chevrolet
Model: 1500 Silverado
CK10543- 4WD, Short Crew
PEG: 1 WT -Work Truck Preferred Equipment Group
Primary Color: GAZ- Summit White
Trim: HOU- 1WT/LT/ 1SP/ 2LT/ 1FL/LS- Cloth, Jet Black,
Interior Trim
Engine: L84 -Engine: 5. 3L, EcoTec3 V- 8, D1, Dynamic Fuel Mgt, V V T
Transmission: MHT- 10- Speed Automatic
Event Code: 5000 - Delivered to Dealer
Order #: CVCGH3
MSRP: $ 51, 420. 0
Order Type: FNR-leet Commercial
Stock #: T24150
Inventory Status: N/ A
Additional Vehicle Information
Vehicle Options
Chargeable Options
A2X- Power Seat Adjuster ( Driver' sSide)
G80 -Auto Locking Differential, Rear
JL1- Integrated Trailer Brake Controller
KI4- 120 Volt Electrical Receptacle, In Cab
L84 -Engine: 5. 3L, EcoTec3 V- 8, DI, Dynamic
Fuel Mgt, V V T
QT5- Tailgate Function-- EZLift, Power Lock &
Release
Z82- Trailering Package
ZLQ- Fleet Convenience Package
MSRP
290. 00
395. 00
275. 00
225. 00
1, 595. 00
150. 00
425. 00
370. 00
No Cost Options
C5Y- GVW Rating 7100 Lbs
GU5- Rear Axle: 3. 23 Ratio
MHT- 10- Speed Automatic
RD6- Wheels: 17" Steel - Painted Ultra Silver
VQ1- Holdback, Fleet Dealer Assistance
YF5- California Emissions
77 Other Options
1WT- Work Truck Preferred Equipment Group
AZ3- Seats: Front 40/ 20/ 40 Split -Bench, Full
Feature
DLF- Mirrors, O/ S: Power, Heated
GAZ- Summit White
10R -Chevrolet Infotainment, 7" Color Screen
KC4- Cooler, Engine Oil
KW7- Alternator, 170 AMP
QBN- Tires: 255/ 70 R17 All Season, Blackwall
QK1- Standard Tailgate
SAF- Spare Tire Lock
UBI- 2- USBs, Second Row Charge/ Data Ports
UE4- Following Distance Indicator
UHX- Lane Keep Assist/ Departure Warning
UKJ- Sensor, Front Pedestrian Braking
V76 -Recovery Hooks
AQQ- Keyless Remote Entry
BG9- Floor Covering: Rubberized Vinyl, Black
E63- Durabed
HOU- 1WT/ 1LT/ 1SP/ 2LT/ 1FL/ 1LS -Cloth, Jet
Black, Interior Trim
K34 -Cruise Control
KNP- Transmission Cooling System
PRF- 3 Years of Onstar Remote Access
QBR- Tire, Spare: 255/ 70 R17 All Season,
Blackwall
RFQ- Focused Ordering Configuration
TQ5- Headlamps, Intellibeam
UE1- OnStar Communication System
UEU- Sensor, Forward Collision Alert
UHY- Automatic Emergency Braking
UQF- Speaker System: Standard Sound
System
VK3- Front License Plate Mounting Provisions
indicates vehicle belongs to Trading Partner' s inventory Disclaimer:

GM has tried to make the pricing information provided in this summary accurate, Please refer to actual vehicle invoice, however, for complete pricing information. GM will not make any sales or policy adjustments in the case of inaccurate pricing information in this summary. 78 ITEM 4. 8

CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE ANNUAL INDUSTRIAL SOLID WASTE
LICENSE FOR TESLA, INC., FOR FISCAL YEAR ( FY)
2024-5
RECOMMENDATION: Adopt Resolution Approving Annual Industrial Solid Waste License for Testa, Inc., for FY 2024-5
SUMMARY:

The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management. The process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices.

To comply with said legislation, the City of Lathrop adopted Municipal Code Chapter

8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License. The City received nine Industrial Solid Waste Removal License applications for fiscal year 2024-5.

At the June 10, 2024, City council regular meeting, Council approved Industrial Solid Waste Removal License applications for eight ( 8) haulers and requested staff return with additional information regarding Testa, Inc. application.

Testa, Inc., has various company operations in Lathrop. One of these operations is the Megapack facility. The Megapack facility is the only Testa facility within Lathrop that is seeking to self -haul as the facility was tasked with reviewing their waste and recycling operations to reduce costs. Currently the Megapack facility only contracts with Republic Services and Tony and Sons Trucking, Inc. for its hauling for any overflow needs. Republic Services provides six ( 6) drivers and Tony and Sons Trucking, Inc., provides one driver. Both Republic Services and Tony and Sons Trucking, Inc., advised neither company would be laying off any of the drivers assigned to making stops at the Megapack facility, as their drivers have other pickups on their routes, including other Testa Facilities. Testa, Inc., also procured a baler to compact their waste, which is estimated to be a 60% reduction in hauling operations. Testa, Inc., has confirmed approval to utilize the Forward Landfill and is also reviewing other potential landfills. The Megapack facility is seeking to hire 6-8 full- time drivers to operate as self -haulers. Testa, Inc., will still be required to pay the standard eleven percent ( 11%) of their annual gross receipts.

Staff requests the approval of Industrial Solid Waste Removal Licenses for Testa, Inc., for fiscal year 2024-5.
79 CITY MANAGER' S REPORT PAGE 2
July 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TESLA, INC., FOR FISCAL YEAR ( FY) 2024-5
Staff requests the approval of Industrial Solid Waste Removal Licenses for Testa, Inc., for fiscal year 2024-5.

BACKGROUND:

Lathrop Municipal Code 8. 16. 140, Section ( A) requires any company who collects and removes industrial solid waste within the City of Lathrop to apply annually for an industrial solid waste removal license.

Testa, Inc., will be required to pay an annual license fee in the sum of two thousand five hundred dollars ($ 2, 500) and the standard eleven percent ( 11%) of their annual gross receipts and a ninety -two -dollar ($ 92) license administration fee, which is set forth by Lathrop Municipal Code 8. 16.40.

RECOMMENDATION:

To continue our efforts to meet the terms of the AB939 legislation, and continue implementing plans for source reduction, reuse, and recycling as part of our integrated waste management practices, staff recommends that City Council approve Industrial Solid Waste Removal Licenses for Testa, Inc., for fiscal year 2024-5.

FISCAL IMPACT:

The revenue received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.

The license administration fees in the amount of ninety- two dollars ($ 92) received from will be deposited into Parks and Recreation account number 1010- 3- 01-41- 01-1.

The annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.

ATTACHMENTS:

A. Resolution Approving an Annual Industrial Solid Waste License for Testa, Inc., for FY 2024-5
B. Industrial Refuse Collection Application from Testa, Inc 80 CITY MANAGER' S REPORT PAGE 3
July 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TESLA, INC., FOR FISCAL YEAR ( FY) 2024-5
APPROVALS:
1-1. 9
7- 61
Todd Sebastian Date
Director of Parks and Recreation
Cari Jam
Finance ' II ector
7// crc(
Date
7/ 2 /z '
Thomas Hedegard ` Date
Deputy City Manager
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
1 • 2. 2oZK

7.2. 24
Stephen J. Salvatore Date
City Manager
81 RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AN ANNUAL INDUSTRIAL SOLID WASTE LICENSE FOR TESLA, INC., FOR FISCAL YEAR 2024-5
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB939), has acknowledged that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste management; and
WHEREAS, the process requires cities and other local agencies to implement plans for source reduction, reuse, and recycling as part of their integrated waste management practices; and
WHEREAS, to comply with said legislation, the City of Lathrop adopted Municipal Code Chapter 8. 16 (Garbage Collection and Disposal). Lathrop Municipal Code Section 8. 16.40 requires any company that collects industrial solid waste in the City of Lathrop to annually apply for an Industrial Solid Waste Removal License; and WHEREAS, Tesla, Inc., submitted their annual license application, applicable fees, insurance, locations serviced, and their bonds or financial status report for fiscal year 2024-5; and
WHEREAS, to continue our efforts to meet the terms of the AB939 legislation and continue implementing plans for source reduction, reuse, and recycling as part of their integrated solid waste management practices, staff recommends that City Council approve the Industrial Solid Waste Removal License for Tesla, Inc.,; and WHEREAS, the following monies received from this company will be deposited as follows:

The standard eleven percent ( 11%) of their annual gross receipt monies received will be deposited into the Franchise Tax -Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5;
License administration fee in the amount of ninety- twodollars ($ 92) will be deposited into Parks and Recreation account number 1010- 3- 01-41-; Annual license fee in the amount of two thousand five hundred dollars ($ 2, 500) received will be deposited into the Franchise Tax - Solid Waste Industrial revenue account number 1010-5- 10- 319- 05-5.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Industrial Solid Waste License for Tesla, Inc., for fiscal year 2024-5.
82 The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 83 ATTACHMENT
City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 1370
www. ci. lathrop. ca. us

INDUSTRIAL REFUSE COLLECTION

LICENSE APPLICATION
COMPANY NAME: Tesla Inc.

ADDRESS: 700 D' Arcy Pkwy

PHONE/ FAX
Lathrop, CA 95330
EMAIL: jbottorff@tesla. com
TYPE OF WASTE REMOVAL SERVICE:

Recycling materials ( cardboard, corrugated materials)
APPLICANT SIGNATURES:
weadt, gootti3&

IGNATURE DATE
Jordan Bottorff

PRINT NAME
Staff Environmental Manager
TITLE
5/ 10/ 224
84 City of
Parks and Recreation Department 390 Towne Centre Drive, Lathrop, CA 95330 Phone ( 209) 941- 7370
www. ci. lathrop. ca. us
The following license requirements are setforth by the City ofLathrop Municipal Code, Title 8 Health & Safety, Chapter 8. 16 Garbage Collection & Disposal, Section 8. 16.40 CHECK IF industrial Solid Waste Removal — License Required. ENCLOSED CUSTOMERS LIST ( Names and Addresses):

SIGNED STATEMENTS FROM NEW INDUSTRIAL CUSTOMERS ADDRESSED TO CITY

NUMBER, KIND, AND CAPACITY OF VEHICLES AND OTHER EQUIPMENT Must be in compliance with all applicable air pollution control laws):

ORIGINAL PERFORMANCE BOND OR OTHER SECURITY ATTACHED ($ 25, 000) ORMOST RECENT FINANCIAL STATEMENT AND/ ORAUDIT

INSURANCE CERTIFICATE AND ENDORESMENT NAMING THE CITY, ITS OFFICERS AND

EMPLOYEES AS AN ADDITIONAL INSURED
LICENSE FEE ENCLOSED ($ 2, 500)
ADMINISTRATION FEE ($ 92)
PROCESSED BY:

Deo
L1SSA STATHAKOPOU LO

PARKS AND RECREATION MANAGER

PARKS & RECREATION I SOLID WASTE & RECYCLING
APP'' VED BY:
44 S45‘-.%
A/
DATE

TODD SEBASTIAN DATE

DIRECTOR

PARKS, RECREATION & FLEET SERVICES
85 City of Lathrop
Department of Parks and Recreation
390 Towne Center Drive Lathrop, CA 95330
Subject: Industrial Hauler Application for Self -Hauling Operations of Recycling Materials Dear Ms. Stathakopoulos,
I hope this letter finds you well. I am writing to formally submit an Industrial Hauler Application on behalf of Testa Inc.

Our application pertains to self -hauling operations of recycling materials, specifically focusing on cardboard and corrugated materials generated from our operations at 5150 Glacier St and 700 D' Arcy Pkwy. As an environmentally conscious organization, we are committed to promoting sustainable waste management practices.

This self -hauling operation would eliminate third party handling of our recycling material and direct delivery from Testa to the recycling and/ or landfill centers.

Enclosed with this letter, you will find all the requisite documentation and information as outlined in the application requirements.

Should you require any further clarification or additional documentation, please do not hesitate to contact us. We are more than willing to provide any further information needed to expedite the review process.

Thank you for considering our application. We look forward to the opportunity to contribute positively to the community of Lathrop through our recycling efforts.

Best regards,
44dadt• gettZ*
Jordan Bottorff
Staff Environmental Manager
E. jbottorff@tesla. com
s
86 TABLE OF CONTENTS:

Industrial Refuse Collection License Application 1- 2
Customers List 3
Number, kind, and capacity of vehicles and other equipment 3 Vehicle Pictures 4
Original Performance Bond 5- 12
Insurance Certificate and Endorsement 13
87 City of Lathrop Industrial Hauler Application Package Proposed Customers List
Business Name: Testa Inc. (Megafactory)
Business Address: 700 D' Arcy Pkwy Lathrop, CA 95330
Business Name: Testa Inc. (Megafactory Warehouse)
Business Address: 5150 Glacier St Lathrop, CA 95330
Number, kind, and capacity of vehicles and other equipment Tesla Inc. is planning on renting three (3) 2024 Peterbilt, Galbreath Roll Off trucks, or similarly in characteristics, to haul 40 -yard bins with an approximate weight of 9, 000 lbs. (per bin).

Below is the body and chassis information for the rental equipment:

BodyInforiniation
Body, ... ...,.. w
Galbreath
oiiyModili.. ' U5 -OR -174
BodySN 4
55373
Body' 60k lb. 35. 5" Rails
Chassis Information=_
Product Family 3 "`"
Roll Off
sat# Tx-•
FChasslLMod el Yf _ .,,..' 2024
Cisis Mak. ,
v, „
Peterbilt
Or1v #Position K Left Hand Drive
a
F , • Paccar
MX- 13
En nittp 455
Trans Typa Automatic
Ttan. Mahe " ,. ' ,... ALLISON
Trans Ml 4500 RDS- P
Fusi Type Diesel
Sub' Family* „*. , N . _ , " a Cable Hoist 60k Ib
T ( 3VW, Welijh ;; 66, 000
Front Affil W. I ht ; 4 20, 000
ttsatA leel t .. _ 46. 000
FronteAxi. Tins
Rsar Axle Ttrss 315/
315/ 80R22. 5
80822. 5
RurSuspenslbi Typs,, Hendrickson Haulmaax
88 89
Tra
City of Lathrop Industrial Hauler
Application Package
Proposed Customers List
Business Name: Tessa Inc. (Megafactory)
Business Address: 700 D' Arcy Pkwy Lathrop, CA 95330
Business Name: Testa Inc. (Megafactory Warehouse)
Business Address: 5150 Glacier St Lathrop, CA 95330
Number, kind, and capadty of vehides and other equipment Tessa Inc. Is planning on renting three ( 3) 2024 Peterbilt, Galbreath Roll Off trucks, or similarly in characteristics, to haul 40 -yard bins with an approximate weight of 9, 000 lbs. (per bin).

Below is the body and chassis information for the rental equipment:

Body Information:

BodyAMalkle Galbreath
Body Model U5 -OR -174
55373
Boi 60k lb. 35. 5" Rails
Cluissisinformation
ProdiylotlFa j
Roll Off
Mot 2024
Ch Peterbilt
Dr> ire on' w, Left Hand Drive
Make Paccar
MX -13
455
Automatic
Trans;: ALLISON
1'rnsM 4500 RDS- P
Diesel
SubFan` Uy
TotallEAA We
Cable Hoist 60k lb
t
iFront Aale Wet& t `
3RD Aar aW. .:g
Front i
66, 000
20, 000
46, 000
315/ 80R22. 5
Res finis 315/ 80R22. 5
Rea 5uspenslonve' Hendrickson Haulmaax
90 Vehicle Pictures
91 Aon Risk Insurance Services West, Inc.
425 Market Street, Suite 2800
San Francisco, CA 94105
May 10, 2024

CITY OF LATHROP
Parks & Recreation Department
390 Towne Center Drive
Lathrop, CA 95330
RE: TESLA, INC.

Bond No. 0806274

CITY OF LATHROP
Collection of Industrial Solid Waste as a Self -Hauler of Recycling Materials Dear Sir or Madam:

On behalf of our client, TESLA, INC., enclosed please find the captioned bond in the amount of 25, 000 as required for their Collection of Industrial Solid Waste license.

If you should have any questions or ifI may be of further assistance, please do not hesitate to call me at 847- 442- 0302.

Sincerely,
Aon Risk Insurance Services West, Inc.

Oc. stig.cv.- cw.,._
Mary Volmar
Enclosure
Rccord # 29591 I 1
92 BOND
License or Permit - Continuous)
Bond No. 0806274
KNOW ALL MEN BY THESE PRESENTS:

THAT WE TESLA, INC. as
Principal, and HARCO NATIONAL INSURANCE COMPANY •
a corporation duly incorporated under the laws of the State of IL and authorized to do business in the State of CA , as Surety, are held and firmly bound unto CITY OF LATHROP , as Obligee, in
the penal sum of Twenty Five Thousand and 00/ 100 ( 25. 000. ) Dollars, for the payment of which we hereby bind ourselves, our heirs® executors and administrators, jointly and severally, firmly by these presents.

WHEREAS, the Principal has obtained or is about to obtain a license or permit for Collection of Industrial Solid Waste as a Self -Hauler of Recycling Materials NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully comply with all applicable laws, statutes, ordinances, rules or regulations, pertaining to the license or permit issued, then this obligation shall be null and void; otherwise to remain in full force and effect.

This bond shall become effective on 5/ 612024
PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above.

PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty ( 30) days written notice of such termination to the Obligee.

SIGNED, SEALED AND DATED this IOW 8. 2024
By:

HARCO NATIONAL INSURANCE COMPANY
By. c` Vrerv.-- raMary Y. ValmarAt3tirney414511
93 CALIFORNIA ALL- PURPOSEAC OWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAY - 6 2024 before me, Vanessa Fong, Notary Public , personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the persons whose name(*) is/ aFe subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ tip authorized capacitAies3, and that by- his/er/ their- signatures) on the instrument the person((, or the entity upon behalf of which the person(*) acted, executed the instrument.

VuktiL tONG
awry ., tik • {tlfarrtl
tx Limn Cantj,
Cc -.

C: z. maumt; 13i1Q;
n. upr. t,ntt, /CU
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature 7/ 9/Signature of Nota ' ublic
94 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAY - 6 2024 before me, Vanessa Fong. Notary Public , personally appeared Mary Y. Volmar who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ theif authorized capacity( ies), and that by- his/er/ their- signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct.

WITNESS my hand and official seal.
us431. 4row3
mil i.:.,* c,$ ,r.

L, !-w., crusty 1
MT Or" town w. It Ka
Signature
Signature of otary ' is
95 Power of Attomey
Tesia, Inc.. a DE Corporation of 13101 Testa Road, Austin, TX 78725, Federal Employer Tax Identification Number 91- 2197729, hereby constitutes and appoints, gointly and severally, the following employees d certain subsidiaries of Aon plc (" Aon"), as tdentified below, its true and lawful attorney -in fact, to execute all surety bonds issued on behalf of Tessa, Inc. and any subsidiaries Aon Employee
San Francisco
Alex Taker
Los Angeles
Vanessa Fong
Tracy Aston
Philadelphia
George Gion+ s
Sara Owens
New York
Frances Rodriguez
Chicago
Jennifer L. Jakaitis
This Power -of -Attorney shall become effective upon the effect until terminated by either party upon ten (10) days This Power- of- Attomay shall include the following direct direct and indirect subsidiaries that are acquired or form Power -of -Attorney.

Subsidiary
Silevo, LLC
SolarCity Corporation
SolarCity Corporation dba Tessa Energy
Testa Energy Operations, Inc.

SolarCity Electrical New York Corporation
Tessa Energy Electrical NY, Inc
SolarCity Finance Company, LLC
SolarStrong, LLC
Tesia Finance, LLC
Testa Lease Trust
Tessa Motors FL, Inc.

Testa Motors Leasing, Inc.

Testa Motors MA, Inc.

Testa Motors New York, LLC
Testa Motors NV, Inc.

Testa Motor PA, Inc.

Teals Motors TN, Inc,
Aon Subsidiary
Aon Risk Services West, Inc.

Aon Risk Services West, Inc.

Aon Risk Services Northeast, Inc.

Aon Risk Services Northeast, Inc.

Aon Risk Services Central, Inc.
signing of this document and shalt remain it
written notice.
and indrrect subsidiaries of Testa, Inc. and ail
ed by Testa, Inc. after the execution of this
Federal Employer Tax Identification Number
47- 1007076
02-781046
02-781046

02.781046
47- 0988231
47- 0988231
46-317851
45- 2859333
46- 3896777
90- 6260713
46- 1774039
27-012393
45-358643
27- 1077991
46- 1849598

45.388950
47- 1144768
96 Testa Motors TX. Inc
Testa Motors UT. inc
Testa Sales. Inc
Tesla, Inc dba Tesla
Testa, Inc dba Tesla Florida
fesla, Inc, dba Testa Motors, Inc.

Testa Inc dba Testa Inc, of Louisiana
Zap Solar LLC
IN WITNESS WHEREOF, the signing party below affirm
Reprouontatrvc and grant the powers contained therein
Dated January 2C22
By
Name Emma
Title Assistant
art
46- 1405389
47- 274$ 833
82- 1799454
91- 2197729
91- 297725
91- 2197729
91- 2197721~
90- 129637
his/er authority to sign this Designation cf
97 Tesla Motors TX Inc - 16-4x) 5189
Testa Motors UT, Inc. - i7- 2748837
Testa Sates In: 82- 1799454
Tesla. Inc dba Tesla ' f1 -2197'c
Tesla fn.:, dba Tesia Florida 91- 2i9772c
I esla, inc dba Testa Motors: Inc 91- 29772S
Testa. Inc dba I esla Inc. at Louisiana 91- 2197725
Zep Sclar LLC 9U- 1( 1291337
IN WTNE ,' W} ICREOF, the signing pa ty below d' tarl
Peprer, ontatwo and grant the powe~ scosta: ied there n Dated January272G22
e ' mr7 a elrp E
Ass sta: t + ecretary
rs i,rsiher authority to sign this Designation cr
98 BOND
License or Permit - Continuous)
Bond No. 0806274
KNOW ALL MEN BY THESE PRESENTS:

THAT WE TESLA, INC.
as
Principal, and HARCO NATIONAL INSURANCE COMPANY
a corporation duly incorporated under the laws of the state ail_ and authorized to do business in the State of CA , as Surety, are held and firmly bound unto CITY OF LATHROP , as Obligee, in
the penal sum of Twenty Five Thousand and 00/ 100 ( 25, 000. ) Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.

WHEREAS, the Principal has obtained or is about to obtain a license or permit for Collection of Industrial Solid Waste as a Self -Hauler of Recycling Materials NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully comply with all applicable laws, statutes, ordinances, rules or regulations, pertaining to the license or permit issued, then this obligation shall be null and void; otherwise to remain in full force and effect.

This bond shall become effective on 5/ 6/ 2024
PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above.

PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty ( 30) days written notice of such termination to the Obligee.

SIGNED, SEALED AND DATED this May 6. 2024
TESLA. INC.

By:

Tracy Aston, Attor ey- in- Fact" Principal

MARCO NATIONAL INSURANCE COMPANY
BY: t-{ , 4,
f> `
iv
Mary Y. Volmar Attorney -in -fact
99 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAY — 6 2024 before me, Vanessa Fong, Notary Public , personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the person() whose name( s) is/ ace subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity{ ies), and that by- his/er/ their signature( s3on the instrument the person( s), or the entity upon behalf of which the person{ f) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
i4st SSA FON
a
Signature
Signature of( Notary4Public
100

CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAY - 6 2024 before me, Vanessa Fong, Notary Public , personally appeared Mary Y. Volmar who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ aye subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in hisiheritheif authorized capacity( ics), and that by- t /her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Six TONG
Ca> starw
Signature
Signature of ic
101
Power of Attorney
Testa, Inc . a DE Corporation of 13101 Testa Road, Austin, TX 78725, Federal Employer Tax Identification Number 91- 2197729, hereby constitutes and appoints, ioinUy and severally, the following employees of certain subsidiaries of Aon plc ("Aan"), as identified below, its true and lawful attorney -in fact, to execute all surety bonds issued on behalf of Testa, Inc. and any subsidiaries:

Aon Employee
San Francisco
Alex Tokar
Los Angeles
Vanessa Forg
Tracy Aston
Philadelphia
George G on s
Sara Owens
New York
Frances Rodriguez
Chicago
Jennife• L Jakattis
This Power -of -Attorney shall become effective upon the erect until terminated by either party upon ten ( 10) days This Power -of -Attorney shall include the following direct direct and incirect subsidianes that are acquired cr form Power -of -Attorney
Subsidiary
Siievo, LLC
SotarCity Corpo- at on
SolarCity Corporation dba Tula Energy
Tesia Energy Operations, Inc.

SolarCity Electrical New York C: orpora' lon
Tesla Energy Electrical NY, inSolarCity Finance Company, LLC SolarStrong, _ LC
Testa Fnance, LLC
Testa Lease Trust
Testa Motors FL, irc.

Testa Motors Leasing Inc.

Testa Motors MA, Inc.

Testa Motors New York, LL::

Testa Motors NV. Inc
Testa Motors PA Inc.

Testa Motors TEN Inc
Aon Subsidiary
Aon Risk Services West, Inc.

Aon Risk Services West, Inc.

Aon Risk Services Northeast, Inc.

Aon Risk Services Northeast, Inc.

Aon Risk Services Contra!, Inc.
signing of this document and shall remain it
written notice.
and indirect subsidianes of Tesla, Inc. and alt
ec by Testa, Inc after the execution of this
Federal Employer Tax Identification Number
47- 1087076
02-781046
02-781046

02.781046
47- 0988231
47- 0988231
46- 4317851
45- 2859333
46- 3896777
90- 6260713
46-' 774039
27-012393
45-358643
27- 077991
46- 1849598
45-398950
47- 1144768
102

CALIFORNIA JURAT
t
totari Public or other officer complaint, this cert f icate verifies only the identity of the individual li ho signed the dututraent tta it hiclt this certificate is attached. and not the tr ithfuines curacy. or yaliditl of that documen .

Statw of California
Wrath of 9( 4(traPi •)
1 1 ci and siiurn to (or afli. nt: clrl,. 1urc Inc on tln, `") 14' dal uf. rpui.+q, D . 20 t4_ ht u+U G( c-A, JA ,,[ ultti to nu: On the hasiti tat satistacton _" idcncc t., he the t5) who afepearecl } of tr,` inc.

ALAN CHENG
katir Public - Caiiternia I
era Clan Ccunti
Ctry, asiar r 2J16+ 41
Mj Carm Expires Oc: 20, 2024
103

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 2T609 Bond N 0806274
KNOW ALL MEN BY THESE PRESENTS That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
MARY Y. VOLMAR
San Francisco, CA
their true and lawful attomey( s)- in- fact to execute, seal and deliver for and on its behalf as surety, any and ail bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by taw, statute, rule, regulation, contract or otherwise, and the execution of such instrument( s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDEUTY INSURANCE COMPANY, as fully and amply, to alt intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDEUTY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.

RESOLVED, that ( 1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation' sseal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and ( 2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of prnc a, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation' sseal may be affixed by facsimile to any power of attomey or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023

STATE OF NEW JERSEY
County of Essex

STATE OF ILLINOIS
0,, tH5tr,eCounty of Cook :. r:

Opt ,:pPdpA, U%.' r0 =
SEAL ' "
to ; 1944
3d*• tINO's---$ 6.. .. • Kenneth Chapman to
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December, 2023 , before me came the individual who executed the preced= nginstrument, to me personalty known and, being by me duty swam, sa; d he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies, that the said Corporate Seals and hs signature we' e duly affixed by order of the Boards of Directors of said Companies IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
ittAdu. Q. Q' 1 - u
l
Shirele A, Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power ofAttorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power ofAttorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 6, 2024 A00632
Irene Martins, Assistant Secretary
104

CERTIFICATE OF LIABILITY INSURANCE
DATE D''""'
24 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 pollcy( les) 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

MARSH RISK & INSURANCE SERVICES
FOUR EMBARCADERO CENTER. SUITE 1100
CALIFORNIA LICENSE N0. 0437153
SAN FRANCISCO, CA 94111
Alto: SanFrandsco. Certs@marahcom I FAX 212- 948- 0398
CN102460432. GAW- 2.5M-324 LC/ Per

CONTACT
NAME:

WWICCN . EXII:

FAX
NoI:

AooRElaa:

INSURERS) AFFORDING COVERAGE NAIC F
INSURER A: Zurkh Amerkan insurance Company 16535

INSURED
Testa, Inc
1 Tesla Road
Austin, TX 71725
INSURER a : NIA N/ A
INSURER C :

INSURER 0
INSURER E :

INSURER F
COVERAGES CERTIFICATE NUMBER: SEA - 003860271- 07 REVISION NUMBER: 4

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 AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INS*

LTV TYPE OF INSURANCE
ADDL
INal
SUER
wvo POUCYWHAM

POUCY EFF
MM1DD/ WYYf

POLICY EXP

MIVDD/ YYYYI UNITS
A X COMMERCIALGENERAL UABIUTY GU) 1074568- 06
Includes Host Uquor Liability—
10/ 31/ 2023 10/ 31/ 2024 EACH OCCURRENCE S 1, 000,00
CLAIMS MADE I "' i
OCCUR

DAMAGE TO
PREMISES ( Es
RENTED
1, 000,00
X SIN: $1, 000,00 n, ED EXP ( My one Penn) S 5. 000
X Ton Conbac Liao, No XCU Exd PERSONAL A ADV INJURY 5 1, 000,00 GENT
X
X

AGGREGATE LIMIT APPLIES
POLICY 1 JEC
OTHER Premises & Operations
PER:

LOG
ank
GENERAL AGGREGATE S 2, 000,00
PRODUCTS - COMP/ O AGG f N/ A
S

AUTOMOBILEUAIIL( TY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON - OWNED

AUTOS ONLY

COM& NED SINGLE LIMIT
IEs soddanl)
BODILY INJURY ( Per person) S
BODILY INJURY ( Per accident) S

PROPERTY DAMAGE
Pm atddsnWI f
S

UMBRELLA UAB
EXCESS UM!
OCCUR

CLAIMS - MADE

EACH OCCURRENCE S

AGGREGATE S

OED I RETENTIONS S

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETORIPARTNEi ( EXECUTIVE
OPFICERIMEMBEREXCLUOED9
Mandatory in NH)
It myns dmalbe under
DESCRIPTION OF OPERATIONS blow
N / A
PAR o

STATUTE E
H.

E EACH ACCIDENT S
E. L DISEASE - EA EMPLOYEE S
E. L. DISEASE - POLICY LIMIT S
DESCRIPTION OP OPERATIONS / LOCATIpra / VEHICLES ( AGGRO 1a1, Additional Remade Scbdule, may be attached it more space Is required) Testa UreosinglPermittnp
Industrial Solid Waste Removal
City of Lathrop is is/ are included as additional insured where required by written contract

CERTIFICATE HOLDER CANCELLATION
City of Lathrop
Parks & Recreation I Sold Waste & Recycling 390 Tonne Centre Drive Lathrop, CA 95330
I

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
or Marsh Risk & Insurance Services
did Red d ?idwrd nee Smeeees
ACORD 25 ( 2016/ 03)
01988- 2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
105

PAGE LEFT

INTENTIONALLY
BLANK
106
ITEM 4. 9

CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT
3225 WITHIN THE MOSSDALE LANDING AREA
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 3225 within the Mossdale Landing Area, Totaling 66 Single
Family Lots and Subdivision Improvement
Agreement with K. Hovnanian Homes Northern
California, Inc.

SUMMARY:

The proposed Final Map for Tract 3225, included as Attachment " C", will subdivide the 13. 26 acre S1 Pond parcel in the Mossdale Landing area. K. Hovnanian Homes Northern California, Inc. (KHOV) is proposing 66 single family lots. A Vicinity Map is included at Attachment " B".

Staff recommends that the City Council approve the proposed Final Map for Tract 3225 and a Subdivision Improvement Agreement ( SIA), included as Attachment " D", with KHOV by Resolution included as Attachment " A".

BACKGROUND:

On January 27th, 2003, Council and Planning Commission approved the Mossdale Landing Project entitlements, which included the compliance with California Environmental Quality Act ( CEQA) and adoption of Urban Design Concept ( UDC), Vesting Tentative Subdivision Map ( VTM) for Tract 3142, VTM for Tract 3225, and a Development Agreement ( DA) for the Mossdale Landing Project. The land for the proposed Final Map for Tract 3225 is within the geographic boundaries of the VTM.

The developer, Lathrop Mossdale Investors, LP ( LMI), was required to use the low density residential area of Tract 3225 as a recycled water storage pond ( S1) until a river discharge permit was obtained from the Regional Water Quality Control Board RWQCB). LMI retained reversionary rights to the land of S1 to regain the title to the land when alternative means of disposal of recycled water were funded by LMI.

LMI agreed to fund a portion of the Surface Water Discharge Project for the pro -rata share of the S1 pond. On January 8, 2024, Council approved the Project Funding Agreement with LMI and a quitclaim deed to transfer ownership of the S1 property to KHOV at the request of LMI.
107
CITY MANAGER' SREPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA
KHOV is now requesting Council to approve the Final Map for Tract 3225. As required by the Lathrop Municipal Code Chapter 16.6, all final maps must include an SIA to guarantee specific offsite and onsite improvements.

The total estimated cost of the improvements for Tract 3225 is $ 2, 919, 400.

Performance and labor & material securities have been provided to the City with the proposed SIA in the amount of:

Improvement Total: 3, 437,12
Performance Bond ( 150% of Unfinished Improvements) 5, 156,18 Labor & Materials Bond ( 50% of Performance Bond) 2, 578, 059 The SIA also guarantees the construction of the improvements along McKee Boulevard, Brookhurst Boulevard, and Golden Valley Parkway.

Tract 3225 was annexed into a Community Facilities District ( CFD) for maintenance purposes with the approval of the VTM.

Potential Council acceptance of the public improvements will be processed by staff at a later date when the improvements are completed. Prior to acceptance, KHOV will be required to provide a one ( 1) year warranty bond.

As a precondition to record the Final Map, KHOV must satisfy the Escrow Instructions, included as Attachment " E", by depositing necessary sums to guarantee the payment of all fees and providing required documents.

REASON FOR RECOMMENDATION:

KHOV has fulfilled all of the requirements of the City' ssubdivision ordinance as listed below:

Documents Status

1. Final Map ready for signature Received

2. Subdivision Improvement Agreement Received

3. Faithful Performance and Labor & Materials Security Received

4. Street Improvement, Landscape, Light & Joint Trench
Plans, Traffic Signal Plans
Received

5. Geotechnical Report Received

6. Allocation of Water and Sewer capacity documents
To be provided in
escrow

7. Escrow Instructions Received
108

CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA
PAGE 3
Fees Status

1. Final Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid

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

There is no fiscal 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 CFD.

ATTACHMENTS:

A. Resolution Approving Final Map for Tract 3225 within the Mossdale Landing Area, Totaling 66 Single Family Lots and Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc.

B. Vicinity Map - Tract 3225
C. Draft Final Map - Tract 3225
D. Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc. for Final Map Tract 3225
E. Escrow Instructions - Final Map 3225
109
CITY MANAGER' SREPORT PAGE 4
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 66 LOTS IN TRACT 3225 WITHIN THE MOSSDALE LANDING AREA

APPROVALS
IO2b4
Bella) Nabizadah Date
Assistant Engineer
Brad T&rlor
City , ngineer
Lit
Cari James
Finance Dire. c
Date
6170/ 7, 074
tioN/ 020Q4
Date
Michael King , Date
Assistant Cif Manager
o • Zo • Zo Vy
k6I30It s
Salvador Navarrete Date
City Attorney
7•Z. Z'1
Ste en J. Salvatore Date
City Manager
110
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 3225 WITHIN THE MOSSDALE LANDING AREA, TOTALING 66 SINGLE FAMILY LOTS AND SUBDIVISION
IMPROVEMENT AGREEMENT WITH K. HOVNANIAN HOMES NORTHERN
CALIFORNIA, INC.

WHEREAS, on January 27th, 2003, Council and Planning Commission approved the Mossdale Landing Project entitlements, which included the compliance with California Environmental Quality Act ( CEQA) and adoption of Urban Design Concept ( UDC), Vesting Tentative Subdivision Map ( VTM) for Tract 3142, VTM for Tract 3225, and a Development Agreement ( DA) for the Mossdale Landing Project; and
WHEREAS, the land for the proposed Final Map for Tract 3225 is within the geographic boundaries of the VTM; and
WHEREAS, the developer, Lathrop Mossdale Investors, LP ( LMI), was required to allow the City to use the low density residential area of Tract 3225 as a recycled water storage pond ( S1) until alternative means of disposal of recycled water were available; and
WHEREAS, LMI retained reversionary rights to the land of S1 to regain the title to the land when the pond is no longer needed by the City as a storage pond; and
WHEREAS, LMI agreed to fund a portion of the Surface Water Discharge Project for the pro -rata share of the S1 pond; and
WHEREAS, on January 8, 2024, Council approved the Project Funding Agreement with LMI and a quitclaim deed to transfer ownership of the S1 property to K. Hovnanian Homes Northern California, Inc. (KHOV), at the request of LMI; and WHEREAS, staff received a request from KHOV to process the Final Map for Tract 3225; and
WHEREAS, as required by the Lathrop Municipal Code Chapter 16.6, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, performance and labor & material securities have been provided with the proposed SIA for Tract 3225 that guarantee the onsite and offsite subdivision improvements for Tract 3225, in the amount as follows:

Improvement Total: 3, 437,12
Performance Bond ( 150% of Unfinished Improvements) 5, 156,18 Labor & Materials Bond ( 50% of Performance Bond) 2, 578, 059 and
111
WHEREAS, the SIA also guarantees the construction of the improvements along McKee Boulevard, Brookhurst Boulevard and Golden Valley Parkway; and WHEREAS, Tract 3225 was annexed into a Community Facilities District ( CFD) for maintenance purposes with the approval of the VTM; and WHEREAS, potential Council acceptance of the public improvements will be processed by staff at a later date when the improvements are completed. Prior to acceptance, KHOV will be required to provide a one ( 1) year warranty bond; and WHEREAS, KHOV must satisfy the Escrow Instructions, included as Attachment " E" to the City Manager' s Report that accompanies this Resolution, by depositing necessary sums to guarantee the payment of all fees and providing required documents; and
WHEREAS, there is no fiscal impact to the City because all costs are covered by development fees and the City' s
maintenance and operating costs for the future
public improvement will be paid by the CFD that has been established with the VTM.

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

1. The Final Map for Tract 3225 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office subject to the K. Hovnanian Homes Northern California, Inc.' s completion of requirements of the escrow instructions.

2. The proposed Subdivision Improvement Agreement with K. Hovnanian Homes Northern California, Inc. and related documents, including herein - referenced escrow instructions attached to the City Manager' s Report that accompanied this Resolution, in substantially the form as attached to the July 8, 2024 staff report.
112
PASSED AND ADOPTED by the City Council of the City of Lathrop this 8th day of July 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 113
ri

TRAIL SPIKE GOLDEN
TOWNE
CENTRE
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BLVD .

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kki
06-4 2024
1240pm
Colette
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114

OWNER' S
STATEMENT:

THEUNDERSIGNED,
DOES
HEREBY
STATE
THAT
WE
ARE

THE OWNERS
OF
ALL
THE
LAND

DELINEATED
AND

EMBRACED
WITHIN

THE DISTINCTIVE
BORDER
OF

THE HEREIN

EMBODIED
FINAL
MAP
ENTITLED "
TRACT
NO. 3225

SUBDIVISIONS
OF
SAN

JOAQUIN

COUNTY,

MOSSDALE

LANDING -

NEIGHBORHOOD
12" CONSISTING
OF
FOUR (
4)

SHEETS,
THAT
WE
HAVE
CAUSED
SAID
MAP
TO
BE

PREPARED
FOR
RECORD
AND

CONSENT
TO

THE PREPARATION
AND

RECORDATION
OF
SAID
MAP,
THAT
SAID
MAP

PARTICULARLY
SETS
FORTH
AND

DESCRIBES
ALL
THE
LOTS

INTENDED
FOR
SALE

BYNUMBER
WTH
THEIR

PRECISE
LENGTH
AND
WDTH . THE
REAL

PROPERTY

DESCRIBED
BELOW

ISDEDICATED
TO
THE
CITY
OF

LATHROP

AS EASEMENTS
FOR
PUBLIC
PURPOSES. TH1
E
REAL

PROPERTY

DESIGNATED
ON
SAID
MAP
AS
APPLE
GROVE

AVENUE,
FARM
HOUSE
ROAD,
PEACH
HOLLOW
WAY,
AND

WEATHERVANE
DRIVE
FOR
PUBLIC
RIGHT
OF WAY PURPOSES.

2. A

NON- EXCLUSIVE

EASEMENT

TOGETHER
WITH
THE
RIGHT

TOCONSTRUCT,

RECONSTRUCT,
REPAIR
AND

MAINTAIN

SOUNDWALLS,
OVER
AND
UNDER
THE
STRIPS
OF
LAND
SHOWN
UPON
SAID
MAP

MARKED '
WALLWE). EASEMENT" ( 3. A EXCLUSIVNONEASEME TO
ENT
GETHER
W
THITH
E
RIGHT

TOCONSTRUCT,

RECONSTRUCT,
REPAIR
AND

MAINTAIN

CABLES,
PIPES.

AND

CONDUITS
AND
THEIR

APPURTENANCES
UPON,
OVER
AND
UNDER
THE
STRIPS
OF
LAND
SHO

WN UPON
SAID
MAP
MARKED
PUBLIC

UTILITY

EASEMENT' (
PUE).

THE

UNDERSIGNED
DOES
HEREBY

RELINQUISH
ANY
AND

ALL RIGHTS
OF

INGRESS
AND
EGRESS
TO

VEHICULAR

TRAFFIC (

ABUTTERS

RIGHTS)

TOBROOKHURST

BOULEVARD
AND
GOLDEN
VALLEY

PARKWAY
ALONG
THE
LOT
LINES

INDICATED
BY
THE SYMBOL ./
i.

TO
ENSURE

MUNICIPAL
WATER

SERVICES
TO

ALL SHOWN
LOTS
UPON
THIS
MAP,

ALL WATER
RIGHTS
THAT

THEUNDERSIGNED
MAY
HAVE
WITHIN

THEDISTINCTIVE
BORDER
THIS
UPON
MAP,
HEREBY
ARE

DEDICATED
TO
THE
CITY
OF

LATHROP,
THIS
MAP
SHOWS
ALL

EASEMENTS

OFRECORD
ON

THE PREMISES
OWNER: PRINTED
NAME:

SIGNATURE. TITLE'. DATE: OWNER' S
ACKNOWLEDGEMENT:

A
NOTARY
PUBLIC
OR
OTHER

OFFICER

COMPLETING
THIS

CERTIFICATE

VERIFIES
ONLY
THE

IDENTITY
THOF
E

INDIVIDUAL
WHO
SIGNED

THE DOCUMENT
TO
WHICH
THIS

CERTIFICATE
ATTACHED.

IS
AND
NOT

THE TRUTHFULNESS,

ACCURACY,

ORVALIDITY
OF DOCUMENT.

THAT
STATE

OFCALIFORNIA
SS
COUNTY
OF
1 ON
2024,
BEFORE
ME
A
NOTARY

PUBLIC,

PERSONALLY

APPEARED
WHO
PROVED
TO
ME
ON
THE
BASIS

OFSATISFACTORY

EVIDENCE
TO
BE
THE
PERSON
WHOSE
NAME

ISSUBSCRIBED
TO
THE
WITHIN

INSTRUMENT
ACKNOW
AND
LEDGED
TO
ME
THAT

HEEXECUTED
THE
SAME
IN
HIS

AUTHORIZED

CAPACITY,
AND
BY

HIS SIGNATURE
ON
THE

INSTRUMENT

THE PERSON,
OR
ENTITY
UPON
BEHALF
OF
W
HICH

THE PERSON
ACTED,

EXECUTED
THE INSTRUMENT.

CERTIFY
UNDER

PENALTY

OFPERJURY
UNDER
LAW
THE
S
OF
THE
STATE

OFCALIFORNIA
THAT

THE FOREGOING

PARAGRAPH
IS
TRUE
AND
CORRECT. W
ITNESS
MY
HAND:

SIGNATURE: PRINTED
NAME,
NOTARY
PUBLIC
IN
AND
FOR
SAID
COUNTY
AND
STATE

PRINCIPAL
COUNTY
OFBUSINESS:

COMMISSION
EXPIRES:

COMMISSION
8 OFNOTARY:

0. 0.

SHEET
NO.
48)
O4
22-04
Morn I11 MooDon
nol4 MA25225\ SRV P'.\ PPIN
G \
FM\ TR
3225
FM -

01. DWG
TRACT
NO.
3225

SUBDIVISIONS
OF
SAN

JOAQUIN
COUNTY

MOSSDALE

LANDING -

NEIGHBORHOOD
12 SAN JOAQUIN
COUNTY

RECORDS,
BEING
A

PORTION

OFSECTION
34,

TOWNSHIP
2 SOUTH,
RANGE
6 EAST,
MOUNT
DIABLO
BASE
8MERIDIAN
CITY
OF

LATHROP

SAN JOAQUIN

COUNTY,

CALIFORNIA

MACKAY &
songs

ENGINEERS

PLANNERS

SURVEYORS
5142B

FRANKLIN
DR ,
SUITE
B

PLEASANTON,
CA
94588 (
925) 2- 0690
APRIL
2024 Ijr
i
rJ7QQT_
l

O ' OOKHURS
5/
BM
m1VSf-- 1111111CI'
i
UNIR
B

OULEVARD
SITE
Fy
1 VICINITY
MAP
NO
T
TO
SCALE

SURVEYOR' S
STATEMENT:

THIS
MAP
WAS

PREPARED
BY
ME
OR
UNDER

MYDIRECTION
AND
IS
BASED
UPON
A
FIELD
SURVEY
MADE

INCONFORMANCE
WITH

THEREQUIREMENTS
OF
THE

SUBDIVISION
MAP
ACT
AND
LOCAL

ORDINANCE
AT
THE

REQUEST
OF ,
IN
JUNE,
2019 .

I
HEREBY
STATE
THAT
THIS
FINAL
MAP

SUBSTANTIALLY

CONFORMS
TO

THE APPROVED

ORCONDITIONALLY

APPROVED

VESTING
TENTATIVE MAP.

I

FURTHER
STATE
THAT
ALL

THE MONUMENTS
SHOWN
HEREON
WILL
BE
OF

THECHARACTER
AND
OCCUPY

THE POSITIONS

INDICATED
BEFORE
SAID
FINAL
MAP

IMPROVEMENTS
ARE

ACCEPTED
BY
THE
CITY
OF

LATHROP,
AND
THAT
SAID

MONUMENTS
WILL
BE

SUFFICIENT
TO
ENABLE
THIS
SURVEY
TO
BERETRACED.

DATED
THIS
DAY
OF

IANBRUC

EMACDONALD
LS
NO.
8817,
2024 .

RIGHT
TO
FARM
STATEMENT:

PER
CITY
OF

LATHROP
CODE
OF ORDINANCES.

TITLE
15CHAPTER

15. 48 .
04,
THE
CIT
Y
OF

LATHROP

PERMITS

OPERATION

OFPROPERLY

CONDUCTED

AGRICULTURAL

OPERATIONS
WITHIN
THE
CITY

LIMITS,

INCLUDING
THOSE
THAT

UTILIZE

CHEMICAL

FERTILIZERS
AND
PESTICIDES.

YOU
ARE
HEREBY

NOTIFIED
THAT

THE PROPERTY
YOU
ARE

PURCHASING
MAY
BE

LOCATED
CLOSE

TOAGRICULTURAL
LANDS
AND
OPERATIONS.

YOU
MAY
BE

SUBJECT
TO

INCONVENIENCE

ORDISCOMFORT

ARISING
FROM

THE LAWFUL
AND
PROPER
USE

OFAGRICULTURAL

CHEMICALS
AND

PESTICIDES
AND
FROM
OTHER

AGRICULTURAL

ACTIVITIES,

INCLUDING

WITHOUT

LIMITATION,

CULTIVATION ,

PLOWING ,

SPRAYING,

IRRIGATION,

PRUNING,

HARVESTING,

BURNING

OFAGRICULTURAL
WASTE

PRODUCTS,

PROTECTION
OF
CROPS
AND

ANIMALS
FROM

DEPREDATION,
AND
OTHER

ACTIVITIES
WHICH
MAY

GENERATE
DUST,
SMOKE,
NOISE,
ODOR,

RODENTS
AND
PESTS.

BE
AWARE
ALSO,
THAT
THIS

PROPERTY
MAY
BE

LOCATED

ADJACENT

TOAGRICULTURAL

OPERATIONS

OUTSIDE
THE

CITY' S
JURISDICTION.

CONSEQUENTLY,

DEPENDING
ON

THE LOCATION
OF
YOUR

PROPERTY,
IT
MAY
BE

NECESSARY
THAT
YOU

BEPREPARED
TO
ACCEPT
SUCH

INCONVENIENCES

ORDISCOMFORT
AS
NORMAL
AND

NECESSARY

ASPECTS
OF
LIVING
IN

ANAGRICULTURALLY
ACTIVE
REGION. STATEMENT
OF
SOILS
REPORT:

A
SOILS
REPORT
ENTITLED, "
HARRIS

PROPERTY,

LATHROP,

CALIFORNIA,

GEOTECHNICAL
ExPLORATION,

PROJECT
NO.
16252.
000.
000
AND
DATED
JULY
11,
2019,
HAS
BEEN

PREPARED
FOR
THIS

PROJECT
BY
ENGEO

INCORPORATED,
AND
THE
LETTER
OF
THIRD
PARTY

RELIANCE,
DATED

DECEMBER
13,
2023,
ARE
ON
FILE
WITH
THE
CITY
OF LATHROP.

CITY

SURVEYOR' S
I.

DARRYL
ALEXANDER.

HEREBY
STATE
3225,

SUBDIVISIONS
OF
SAN

JOAQUIN
THAT

THE SUBDIVISION
SHOWN
HEREON

THE CALIFORNIA

SUBDIVISION
MAP
CORRECT. DATED
THIS
DARRYL

ALEXANDER,
LS
NO.
5071
ACTING
CITY

SURVEYOR
DAY
CITY

ENGINEER
I,
GLENN

GEBHARDT,
HEREBY
STATE

SUBDIVISIONS
OF
SAN

JOAQUIN

THE SUBDIVISION
SHOWN
HEREON
IS

TENTATIVE
MAP,
AND
ANY

APPROVED
MAP

COMPLIES
WITH
ALL

AMENDMENTS

THERETO,

APPLICABLE
DATED
THIS
DAY
OF
GLENN

GEBHARDT,
C. E . R
34681
CITY

ENGINEER
OF
THE
CITY
OF

LATHROP,

CALIFORNIA
CITY

CLERK' S
STATEMENT:

I,
TERESA

VARGAS,
CITY
CLERK
AND
STATE

OFCALIFORNIA,

DOHEREBY
3225

SUBDIVISIONS
OF
SAN

JOAQUIN

CONSISTING
OF
FOUR (
4)

SHEETS,
AT
A

REGULAR

MEETING

THEREOF,
2019 ,
AND
THAT
SAID
CITY

COUNCIL
DULY
PASSED
AND

ADOPTED
AT
SAID

RECORDATION
AND

DO HEREBY

THEDEDICATION
OF

ALL EASEMENTS,

ACCEPTED

THE OFFER

OFDEDICATION

IMPROVEMENTS
BEING

COMPLETED,
IN
OF

LATHROP

MUNICIPAL
CODE.

I

FURTHER
STATE
THAT

ALL BONDS
BEEN

APPROVED
BY
THE
CITY
DATED
THIS
DAY
OF
TERESA
VARGAS
CITY
CLERK
AND
CLERK
OF
THE
CITY
THE
CITY
OF

LATHROP,
COUNTY
OF
STATE

OFCALIFORNIA SECRETARY
OF
THE
THIS
MAP

CONFORMS
TO
THE

PLANNING

COMMISSION
ON
THE
DATED
THIS
DAY
OF
MARK

MEISSNER SECRETARY
OF

THE PLANNING
CO

COMMUNITY

DEVELOPMENT

DIRECTOR
COUNTY

RECORDER' S
FILED
THIS
DAY
OF

OF MAPS
AND
PLATS,
AT
PAGE
FEE:

I
STEVE
J.

BESTOLARIDES

ASSESSOR -

RECORDER -
COUNTY
SAN

JOAQUIN

COUNTY,

CALIFORNIA SHEET
1 OF
115
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8817'
IN

MONUMENT
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PER
COY
OF

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STANDARDS
ANGLE
POINT

BOUNDARY CENTERLINE EXISTING MONUMENT

TOMONUMENT

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UNE

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PUBLIC

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10' 125.
10'
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MAPS
AND
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RECORD

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JOAQUIN
COUNTY

RECORDS

INDICATES
SHEET
NUMBER

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68640
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124. 30'
1 I
10'
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OFBEARINGS:

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NORTH
01' 50 '
30'
WEST

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THE
FOUND

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ON
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AS
SHOWN
ON
TRACT
3379 .

IN
BOOK
39 OF
MAPS
AND
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AT
PAGE
22,
SAN

JOAQUIN
COUNTY

RECORDS,
WAS
USED
AS
THE
BASIS

OFBEARINGS
SHOWN
HEREON.

SEE
SHEET
4 SAN
REFERENCES: R -
I
TRACT
NO.
3379,
MAPS
HO
PLATS
BK.

39. PG.
22,
5J
CR.

R- 2
DOC.

NO.
2003-92238,
SI. CR
R- 3
DOC.

NO.
2003-92239,
Si. CR
4RTRACT
NO.
3437,
MAPS
HO
PLATS
BK.
40,
PG.
49,
SJCR.

SHEET
3 OF
4 117
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TOWNSHIP
SHEET
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4 118

ATTACHMENT
0u

CITY OF LATHROP

SUBDIVISION IMPROVEMENT AGREEMENT
MARIPOSA — TRACT 3225
K. HOVNANIAN HOMES NORTHERN CALIFORNIA, INC.

This Subdivision Improvement Agreement (" Agreement") is made and entered into this 8th day of July, 2024 (" Effective Date"), by and between the CITY OF LATHROP, a municipal corporation of the State of California (" CITY') and K. Hovnanian Homes Northern California, Inc., a California Corporation (" SUBDIVIDER"), regarding APN: 191-9- 032 located within the City of Lathrop (" PROPERTY') .

RECITALS
A. On January 27th 2003, CITY approved Vesting Tentative Map for Tract 3225 VTM) to create 66 residential lots on 13. 26 acres of land.

B. SUBDIVIDER intends to record one Final Map for Tract 3225 to complete the Mariposa Subdivision, as shown in Exhibit " A" (hereinafter " Final Map"). The land for the proposed Final Map is within the geographic boundaries of VTM.

C. SUBDIVIDER shall be responsible for compliance with all Conditions ofApproval associated with, including, without limitation, the construction or cash deposit of specified improvements ( as that term is defined below) as described more fully herein.

D. 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 VTM (collectively, " COAs") and as identified in the approved Final Map, Improvement Plans and this Agreement. 119
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 Final Map and the term " Improvement Plans" shall collectively refer to the Improvement Plans approved by CITY.

AGREEMENT
NOW, THEREFORE, in consideration of CITY' Spending ( 1) approval of the Final Map on July 8, 2024, 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 July 8, 2025, 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 upon SUBDIVIDER' srequest to CITY, supported by reasonable documentation that it is using commercially reasonable efforts to complete same and have said Improvements accepted by CITY.

3. CITY, or its agent( s), shall, at any time during the progress of the Improvements, 120
have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.

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

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

6. 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 of SUBDIVIDER' S
groundwater rights associated
therewith, if any, to CITY via the Final Map.

7. 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 CITY specifications for one 1) year after CITY' sacceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with CITY a Warranty Bond in the amount equal to 10% of the final construction cost ( Cost x 10%) for the Improvements for Tract 3225 to ensure SUBDIVIDER' srepair and warranty of the Improvements in accordance with the 121
terms ofthis Agreement. The Warranty Bond shall be released at the end of the one- year guarantee period provided no claims against it are then outstanding.

8. IfSUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair, replace or reconstruct any defects, CITY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY. Once action is taken by CITY to complete, repair, replace and/ orreconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY to complete and/ orrepair, replace, or reconstruct the Improvements, even if SUBDIVIDER subsequently completes the work.

9. The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security ( including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' sfees pursuant to Government Code Section 66499. 4, incurred by the CITY, in addition to the costs of the improvements shall be aproper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

10. SUBDIVIDER is required to post Performance and Labor & Materials bonds to 122
guarantee the Improvements associated with the Final Map as included and described in Exhibit C" of this Agreement. The amount of performance security shall be equal to the unfinished Improvement cost plus a 50% contingency ( Cost x 150%). 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' sinsurance 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
Improvement Total 3, 437,12
Performance Bond Value ( 150% of Unfinished Improvement Total) 5, 156,18 Labor & Materials Bond Value ( 50% of Performance Bond Value) 2, 578, 059

11. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the offsite improvements required by the Tract 3225 COA' sof the VTM. SUBDIVIDER shall obtain or cause to be obtained an encroachment permit, prior to commencing any work in the City Right -of -Way, from City for the improvements listed in subsection " a", and " b" below. The guarantees for the offsite improvements shall be included with the guarantees of the Project shown in Table 1 above. The offsite improvements include, but are not limited to, completion of the following offsite improvements ( hereinafter collectively referred to as " Offsite Improvements"):
a. Brookhurst Boulevard and Golden Valley Parkway Improvements: The applicant shall repair any existing pavement if determined to need maintenance by the City Engineer, install landscaping and irrigation, and repair any concrete sidewalks or curb ramps along the frontage of the Project that are not compliant with current ADA and City Standards.
b. McKee Boulevard Improvements: The applicant shall repair any existing pavement 123
if determined to need maintenance by the City Engineer, construct curb, gutter, sidewalk, and install landscaping along the frontage of the Project.

12. Pursuant to COA No. 52, prior to approval of the first final map, the applicant shall prepare, for City review and approval, a Traffic Monitoring Program (" TMP"). The TMP shall be used to determine the current status of the need for traffic circulation system operation improvements for each phase. The TMP shall be updated on an annual basis and confirm the near and long term circulation improvements needs ( including on -site circulation improvements, off - site circulation improvements, interchange improvements and traffic signals) based upon current operating conditions and projected new development. The TMP shall include the proposed timing for the construction of the improvements in each phase. SUBDIVIDER has not prepared a TMP prior to approval of this first Final Map however CITY has prepared a Citywide TMP, dated October 1, 2022, as part of the ongoing traffic planning efforts. CITY' s TMP did not include the intersection adjacent to the Final Map, Golden Valley Parkway and Brookhurst Boulevard Intersection"), therefore CITY funded and completed a Signal Warrant Evaluation prepared by Crane Transportation Group, dated May 30, 2024 (" Signal Evaluation"), to supplement the TMP and study the Intersection. The Signal Evaluation concluded that a traffic signal is not warranted in both the existing and 2026 conditions but will be warranted prior to build -out conditions and when Golden Valley Parkway is extended to its ultimate configuration. The Signal Evaluation fulfills SUBDIVDER' s
obligation to prepare a TMP prior to approval of the first final map by analyzing current operation conditions and projected new development as well as the proposed timing for the construction of improvements.

Pursuant to COA No. 53, all required traffic signals, off -site street improvements and interchange improvements identified in the TMP for each phase shall be completed or guaranteed in the 124
appropriate final map. All improvements identified in the TMP for each phase shall be completed or guaranteed prior to the approval of the last final map for that phase. As stated in the TMP, a traffic signal is warranted at the Intersection at the build -out phase of development. The traffic signal is warranted to allow ingress and egress from Brookhurst Boulevard to Golden Valley Parkway which directly benefits the Final Map area, therefore the Final Map is the appropriate final map to fund the traffic signal. The Final Map is not the only development that will benefit from the traffic signal, therefore a fair share of 25% of the total cost of the traffic signal is appropriate as the Final Map occupies one corner of the four -legged intersection. SUBDIVDER, in compliance and satisfaction of COA No. 53, shall deposit with CITY $ 215,9, equal to 25% of the total cost to construct the traffic signal, prior to recordation of the Final Map.

13. Pursuant to the City of Lathrop Municipal Code section 16.60, SUBDIVIDER is required to construct all frontage improvements as detailed in the above code section.

Improvements that are the responsibility of the SUBDIVIDER have been constructed on Golden Valley Parkway by another developer and the CITY reimbursed that developer for the costs of said improvements. Therefore, instead of constructing the improvements, SUBDIVIDER is responsible for reimbursing the CITY for it fair share of costs of the improvements. PROPERTY fronts 563, 021. 84 of improvements on Golden Valley Parkway, therefore, SUBDIVIDER shall deposit with CITY $563, 021. 84 prior to recordation of the Final Map as their fair share of costs of the improvements.

14. SUBDIVIDER shall, prior to offering dedication of improvements to CITY, provide or cause to be provided the GIS layers and attributes in compliance with the City Standards effective at the time of offering dedication of improvements to CITY related to Tract 3225 as well as the Offsite Improvements.
125

15. Neither CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDIVIDER' Sagents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement on SUBDIVIDER PROPERTY other than the parcels of the subdivision owned by SUBDIVIDER and its successors and assigns).

16. 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.

17. SUBDIVIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, the " Indemnitees"), harmless from any liability for damage or 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' Scontractors, subcontractors, lessees, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' Scontractors or subcontractors.

18. 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 126
claims resulted from the gross negligence or willful misconduct of CITY and/ orthe Indemnitees.

The promises and agreement to indemnify and hold harmless set forth in this Paragraph 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 18, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.

19. Neither SUBDIVIDER nor any of SUBDIVIDER' Sagents, 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, contractors, lessees or 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 SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of SUBDIVIDER shall be jointly and severally liable hereunder 127
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 " Affiliate", 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%) 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.

20. Prior to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the quality ofthe Improvements, and maintaining safety at the project site. The SUBDIVIDER' S
obligation to provide the Improvements shall not be
satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER shall form Community Facilities Districts to finance maintenance and improvements within 2 months of Final Map approval. The CITY expects to preserve the ability to use future special taxes of the CFD for payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER providing that CITY expects to be paid or reimbursed acquisition 128
costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

21. 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 General 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.

22. 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.

23. 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.

24. 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 CITY: 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
129
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvador Navarrete, City Attorney
Email: website cao@ci. lathrop. ca. us
If to SUBDIVIDER: K. Hovnanian Homes Northern California, Inc 3721 Douglas Boulevard, Suite 150
Roseville, CA 95661
Attn: John Baayoun
Email: JBaayoun@KHOV. COM
The date of any notice shall be the date ofreceipt, 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 26.

27. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Exhibits. The following exhibits are attached to this Agreement and are incorporated to this Agreement by this reference:

EXHIBIT A: FINAL MAP TRACT 3225
EXHIBIT B: CITY INSURANCE REQUIREMENTS
EXHIBIT C: TOTAL IMPROVEMENT ESTIMATE
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 130
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. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. 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. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
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 27( 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 131
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.
132
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 8th day of July 2024.

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
City Clerk
Date

APPROVED AS TO FORM BY THE ,' TY OF LATHROP CITY ATTORNEY By:

Salvador Navarrete
City Attorney
Date
4)(
133
SUBDIVIDER:

By: K. Hovnanian Homes Northern California, Inc
a California Corporation
John Baayoun Date
Division President
134

EXHIBIT A
FINAL MAP TRACT 3225
135

OWNER' S
STATEMENT:

THEUNDERSIGNED,
DOES
HEREBY
STATE
THAT
WE
ARE

THEOWNERS
OF
ALL
THE
LAND

DELINEATED
AND

EMBRACED
WITHIN

THEDISTINCTIVE
BORDER
OF

THE HEREIN

EMBODIED
FINAL
MAP

ENTITLED '
TRACT
NO.
3225

SUBDIVISIONS
OF
SAN

JOAQUIN

COUNTY,

MOSSDALE

LANDING -

NEIGHBORHOOD
12" CONSISTING
OF
FOUR (
4)

SHEETS,

THAT WE
HAVE
CAUSED
SAID
MAP
TO
BE

PREPARED
FOR
RECORD
AND

CONSENT
TO

THE PREPARATION
AND

RECORDATION
OF
SAID
MAP ,
THAT
SAID
MAP

PARTICULARLY
SETS
FORTH
AND

DESCRIBES
ALL
THE
LOTS

INTENDED
FOR
SALE

BYNUMBER
WITH
THEIR

PRECISE
LENGTH
AND
WDTH .

THE
REAL

PROPERTY

DESCRIBED
BELO
W

ISDEDICATED
TO
THE
CITY
OF

LATHROP
AS

EASEMENTS
FOR
PUBLIC
PURPOSES:

1. THE
REAL

PROPERTY

DESIGNATED
ON

SAID MAP
AS
APPLE
GROVE

AVENUE,
FARM
HOUSE
ROAD,
HOLLO
PEACH
W
WAY,
AND

WEATHERVANE
DRIVE
FOR
PUBLIC
RIGHT
OF WAYPURPOSES.
2 A

NON- EXCLUSIVE

EASEMENT

TOGETHER
WITH

THE RIGHT

TOCONSTRUCT,

RECONSTRUCT,
REPAIR
AND

MAINTAIN
SOUNDWALLS.

OVER
AND
UNDER
THE
STRIPS
OF SH
LAND
OWN
UPON
SAID
MAP
MARKED
WALL
WE) .

EASEMENT ' (
3 A

NON- EXCLUSIVE

EASEMENT

TOGETHER
WITH
THE
RIGHT

TOCONSTRUCT,

RECONSTRUCT,
REPAIR
AND

MAINTAIN

CABLES, PIPES, AND

CONDUITS AND

THEIR UPON, APPURTENANCES
OVER
UN
AND
TH
DER
E
STRIPS
OF
LAND

SHOWN UPON
SAID
M

APMARKED '
PUBLIC

UTILITY

EASEMENT' (
POE).

THEUNDERSIGNED
DOES
HEREBY
ANY

RELINQUISH
AND

ALL RIGHTS
OF

INGRESS
AND
EGRESS
TO

VEHICULAR

TRAFFIC (

ABUTTERS

RIGHTS)

TOBROOKHURST

BOULEVARD
AND
GOLDEN
VALLEY

PARKWAY
ALONG
THE
LOT
LINES

INDICATED
BY
THE SYMBOL / ./ /
Z./
TO
ENSURE

MUNICIPAL
W
ATER

SERVICES
TO
ALL
LOTS
SHOWN
UPON
THIS
MAP,

ALL WATER
RIGHTS
THAT

THEUNDERSIGNED
MAY
HAVE
WITHIN

THEDISTINCTIVE
BORDER
UPON

THISMAP,
HEREBY
ARE

DEDICATED
TO
THE
CITY
LATHROP.OF
THIS
MAP
SHOWS

ALLEASEMENTS
OF
RECORD
ON
THE PREMISES DATE NAME' .

OWNER: PRINTED SIGNATURE: TITLE. OWNER' S
ACKNOWLEDGEMENT:

A
NOTARY
PUBLIC
OR
OTHER
COM

OFFICER

PLETING
THIS

CERTIFICATE

VERIFIES
ONLY
THE

IDENTITY
OF
THE

INDIVIDUAL
W
HO
SIGNED

THEDOCUMENT
TO
W
HICH
THIS

CERTIFICATE

ATTACHED,
IS
AND
NOT
THE TRUTHFULNESS. ACCURACY, ORVALIDITY
OF
THAT
DOCUMENT.

STATE

OFCALIFORNIA
SS
COUNTY
OF
ON
2024.

BEFORE
ME
A
NOTARY

PUBLIC,

PERSONALLY

APPEARED
WHO
PROVED
TO
ME
ON
THE
BASIS

OFSATISFACTORY

EVIDENCE
TO
BE

THE PERSON
WHOSE
NAME

ISSUBSCRIBED
TO
THE
W
ITHIN

INSTRUMENT
AND

ACKNOWLEDGED

TO THME
AT
HE
TH

EXECUTED
SAME
E
IN
HIS

AUTHORIZED

CAPACITY,
AND
BY

HIS SIGNATURE
ON
THE

INSTRUMENT

THE PERSON,
OR
ENTITY
UPON
BEHALF
OF
W
HICH

THE PERSON
ACTED,

EXECUTED
THE
INSTRUMENT.

CERTIFY
UNDER

PENALTY

OFPERJURY
UNDER
THE
LAWS
OF

THE STATE

OFCALIFORNIA TH
AT

THE FOREGOING

PARAGRAPH
IS
TRUE
AND
CORRECTWITNESS
MY
HAND:

SIGNATURE: PRINTED
NAME.

NOTARY
PUBLIC
IN
AND
FOR
SAID
COUNTY
AND
STATE

PRINCIPAL
COUNTY
OFBUSINESS:

COMMISSION
EXPIRES.

COMMISSION
N
OFNOTARY:

0. 0.

SHEET
NO.
48)
202404- 22-
35a 1,.
m MacDonion
old MAPP\ 25225\ SNV
PING \
FM\ TR
3225
FM

01. DWG
ACT
TR
NO.
3225

SUBDIVISIONS
OF
SAN

JOAQUIN
COUNTY

MOSSDALE

LANDING -

NEIGHBORHOOD
12 SAN JOAQUIN
COUNTY

RECORDS,
BEING
A

PORTION

OFSECTION
34,

TOWNSHIP
2 SOUTH,
RANGE
6 EAST,
MOUNT
DIABLO
BASE &

MERIDIAN
CITY
OF

LATHROP

SAN JOAQUIN

COUNTY,

CALIFORNIA

MACKAY &
SOAPS

ENGINEERS

PLANNERS

SURVEYORS
5142B

FRANKLIN
DR.

SUITE
B

PLEASANTON,
CA
94588 (
925) 25- 0690
APRIL
2024

VICINIT
Y
MAP
N
OT

TOSCALE

SURVEYOR' S
STATEMENT:

THIS
MAP
WAS

PREPARED
BY
ME
OR
UNDER

MYDIRECTION
AND
IS
BASED
UPON
A
FIELD
SURVEY
MADE

INCONFORMANCE
WITH

THEREQUIREMENTS
OF

THE SUBDIVISION
MAP
ACT
AND
LOCAL

ORDINANCE
AT

THE REQUEST
OF ,
IN
JUNE,
2019 .

I
HEREBY
STATE
THAT
THIS
FINAL
MAP

SUBSTANTIALLY

CONFORMS
TO

THE APPROVED

ORCONDITIONALLY

APPROVED

VESTING

TENTATIVE
MAP.

I

FURTHER
STATE
THAT
ALL

THEMONUMENTS
SHOWN
HEREON
WILL
BE
OF

THECHARACTER
AND
OCCUPY

THE POSITIONS

INDICATED
BEFORE
SAID
FINAL
MAP

IMPROVEMENTS
ARE

ACCEPTED
BY
THE
CITY
OF

LATHROP,
AND
THAT
SAID

MONUMENTS
WILL
BE

SUFFICIENT
TO
ENABLE
THIS
SURVEY
TO

BERETRACED,
DATED
THIS
DAY
OF
2024,

IAN BRUCE

MACDONALD
LS
NO.
8817,
RIGHT
TO
FARM
STATEMENT:

PER
CITY
OF

LATHROP
CODE

OFORDINANCES,
TITLE
15CHAPTER

15. 48 04,
THE
CITY
OF

LATHROP

PERMITS

OPERATION

OFPROPERLY

CONDUCTED

AGRICULTURAL

OPERATIONS
WITHIN
THE
CITY

LIMITS,

INCLUDING
THOSE
THAT

UTILIZE

CHEMICAL

FERTILIZERS
AND
PESTICIDES.

YOU
ARE
HEREBY

NOTIFIED
THAT

THE PROPERTY
YOU
ARE

PURCHASING
MAY
BE

LOCATED
CLOSE

TOAGRICULTURAL
LANDS
AND
OPERATIONS.

YOU
MAY
BE

SUBJECT
TO

INCONVENIENCE

ORDISCOMFORT

ARISING
FROM
THE
LAWFUL
AND
PROPER
USE

OFAGRICULTURAL

CHEMICALS
AND

PESTICIDES
AND
FROM
OTHER

AGRICULTURAL

ACTIVITIES,

INCLUDING

WITHOUT

LIMITATION,

CULTIVATION,

PLOWING,

SPRAYING,

IRRIGATION,

PRUNING,
HARVESTING.

BURNING

OFAGRICULTURAL
WASTE
PRODUCTS.

PROTECTION
OF
CROPS
AND

ANIMALS
FROM

DEPREDATION,
AND
OTHER

ACTIVITIES
WHICH
MAY

GENERATE
DUST.

SMOKE.

NOISE,
ODOR,

RODENTS
AND
PESTS.

BE
AWARE
ALSO,
THAT
THIS

PROPERTY
MAY
BE

LOCATED

ADJACENT

TOAGRICULTURAL

OPERATIONS

OUTSIDE
THE

CITY' S
JURISDICTION.

CONSEQUENTLY,

DEPENDING
ON

THE LOCATION
OF
YOUR

PROPERTY,
IT
MAY
BE

NECESSARY
THAT
YOU

BEPREPARED
TO
ACCEPT
SUCH

INCONVENIENCES

ORDISCOMFORT
AS
NORMAL
AND

NECESSARY

ASPECTS
OF
LIVING
IN

ANAGRICULTURALLY
ACTIVE
REGION.

STATEMENT
OF
SOILS
REPORT:

A
SOILS
REPORT
ENTITLED, "
HARRIS

PROPERTY,

LATHROP,
CALIFORNIA.

GEOTECHNICAL

EXPLORATION,

PROJECT
N0.
16252
000
000
AND
DATED
JULY
11,
2019,
HAS
BEEN

PREPARED
FOR
THIS

PROJECT
BY
ENGEO

INCORPORATED,
AND
THE
LETTER
OF
THIRD
PARTY
RELIANCE.

DATED

DECEMBER
13,
2023,
ARE
ON
FILE
WITH
THE
CITY
OF
LATHROP.

CITY

SURVEYOR' S
DARRYL

ALEXANDER,
HEREBY
I,
3225,

SUBDIVISIONS
OF
SAN

JOAQUIN
THAT

THE SUBDIVISION
SHOWN

THE CALIFORNIA

SUBDIVISION
MAP
CORRECT. DATED
THIS
DARRYL

ALEXANDER,
LS
NO .
5071
ACTING
CITY

SURVEYOR
CITY

ENGINEER
I,
GLENN

GEBHARDT,
HEREBY
STATE

SUBDIVISIONS
OF
SAN

JOAQUIN

THE SUBDIVISION
SHOWN
HEREON
15 TENTATIVE
MAP,
AND
ANY

APPROVED
MAP

COMPLIES
WITH
ALL

AMENDMENTS

THERETO,

APPLICABLE
DATED
THIS
DAY
OF
GLENN

GEBHARDT,
R .

C .

E.
34681
CITY

ENGINEER
OF
THE
CITY

OF LATHROP,

CALIFORNIA
CITY

CLERK' S
I,
TERESA

VARGAS,
CITY
CLERK
AND
STATE

OFCALIFORNIA,

DOHEREBY
3225

SUBDIVISIONS
OF
SAN

JOAQUIN

CONSISTING
OF
FOUR (
4)
SHEETS.

AT
A

REGULAR

MEETING

THEREOF,
2019,
AND
THAT
SAID
CITY

COUNCIL
DULY
PASSED
AND

ADOPTED
AT
SAID

RECORDATION
AND

DOHEREBY

THE DEDICATION
OF

ALLEASEMENTS,

ACCEPTED

THE OFFER

OFDEDICATION

IMPROVEMENTS
BEING
COMPLETED.

IN
OF

LATHROP

MUNICIPAL
CODE.

I

FURTHER
STATE
THAT

ALL BONDS
BEEN

APPROVED
BY
THE
CITY
DATED
THIS
DAY
OF
TERESA
VARGAS
CITY
CLERK
AND
CLERK
OF
THE
CITY
THE
CITY
OF

LATHROP,
COUNTY
OF
STATE

OFCALIFORNIA SECRETARY
OF
THE
THIS
MAP

CONFORMS
TO
THE

PLANNING

COMMISSION
ON
THE
DATED
THIS
DAY
OF
MARK

MEISSNER SECRETARY
OF

THE PLANNING

COMMUNITY

DEVELOPMENT

DIRECTOR
COUNTY

RECORDER' S
FILED
THIS
DAY
OF

OF MAPS
AND
PLATS,
AT
PAGE
FEE: $ STEVE
J. BESTOLARIDES

ASSESSOR -

RECORDER -
COUNTY
SAN

JOAQUIN

COUNTY,

CALIFORNIA SHEET
1 OF
136
LEGEND
OA -

11. 22-04
082" nom
54' 25" W 52. 41'
M -
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00'
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50' 06'
14 Y
266_ 08'
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7-
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15 R
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0M. 2 8
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25 .

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SEC
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ST MAP
49 Nee°s4Gsw KHURL
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982 °
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712T32' 54 686. 72Nd 86.

BNDY( R
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M( 4)_ M.R,
23 CRY

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N89° 06' 50' W
1100. 54' (

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SHEET
2 OF
4 137
r1

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41'
M -
M
ITI,I

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23'
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i

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N82154' 05` W5 563, 13'
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8=272. 00' e82568' L =

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8817'
IN

MONUMENT
BOX
PER
CITY
OF

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STANDARDS
ANGLE
POINT

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NE

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TOMONUMENT

MONUMENT

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LINE

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SHEET
4 MAPS
AND
PLATS
WALL

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RADIAL

BEARING
RECORD

DISTANCE
SAN

JOAQUIN
COUNTY

RECORDS

INDICATES
SHEET
NUMBER
82° 54' 05' 4
1 97'
76322
SF
7312,
SF
64 6664±
SF
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00 28 71851
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2 =
9 '
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0=14 .
90' N
66 126042
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15'

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31 Eh
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L=30. 59'
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112, 00'
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134' 30 8
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34 BASIS
OFBEARINGS:

THE BEARING
NORTH
50' 301'
WEST

BETWEEN
THE
FOUND

MONUMENTS
ON
MCKEE

BOULEVARD
AS
SHOWN
ON
TRACT
3379,
IN
BOOK
39 OF
MAPS
AND
PLATS,
AT
PAGE
22,
SAN

JOAQUIN
COUNTY

RECORDS, WAS
USED
AS
THE
BASIS

OFBEARINGS
SHOWN
HEREON. REFERENCES: R -
I
TRACT
NO.
3379,
MAPS &
PLATS
BK.
39,
PG.

22. S .

C.. J.

R- 2
DOC.

NO.
2003-9226,
SJ. C R
R- 3
DOC.

N0.
2003-9229,
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NO. 3437,
MAPS &
PLATS
BK.

40. PG.
49,
S .
0J.

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SHEET
3 OF
4 SAN
138
H
4m
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7W89. Ci06' 50. 9

33. 04
266. 08'
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00 6600±
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W
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5E.

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of 33
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150. 42'
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M.

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GROVE
AVENUE
R=90, 00.

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06' 50' 9
375. 19'
N
d' 20° 31 .
59 X78° 39' 02`
WLR.)
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32 10' 25'
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46 60007
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45 60001
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60 00'

60. 00'
CITY
0'
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60. 0' 44 8000±
SF
43 60001
SF

60. 00'

60. 0'
N89° O6' 50' W
597. 43'
BNDY
CRY
OF

LATHROP

INSTRUMENT
NO -
2004 -
289129

21. 4'
8' B° 10' 28° 42' L=9. 42 6076±
SF

62. 00'
68:,
40 ° 4=
0302'
0 =
46 02
41 69 .
42 '
66164
SF 96. 01'
33 82° 34 '
30 .
9 112. 00
67201
SF
N82° 34'0. 9
112. 00'
6720±
SF
982° 34'0. 9
112. 00'
6720,
SF
YI
d =
9°54' 01°
38 L=15. 5'
67131
SF
NB2 °
34'0 '
W
110. 66'
NB7_ °
31 '
29_ 1
LR)
10° 37' 58° 8=
To
L=16. 70'
7840±
SF
40 11183±
SF
3'
WE 67207
SF
3 0, 1, 7
AS 63
SAN

TOWNSHIP
SHEET
4 OF
4 139

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, 000,00 for each occurrence and $ 2, 000,00 in the aggregate.

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self- insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss. c. Include a statement that, "the insurer will provide to the City at least thirty ( 30) days 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.
140
ACCORD ® CERTIFICATE OF LIABILITY INSURANCE DATE0/ 2024 /YYYY) os/ zo/za
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
Marsh USA LLC
30 South 17th Street
Philadelphia, PA 19103
Attn: philadelphia. certs@marsh. com or 212- 948- 0360
CN101314853-- GAW- 23-5 West NCA

CONTACT
NAME:

PHONE FAX
A/ C, No, Est): ( A/ C, No):

E- MAIL
ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A : National Fire & Marine Insurance Co 20079

INSURED
K. Hovnanian Homes Northern
California, Inc.
3721 Douglas Blvd., Suite 150
Roseville, CA 95661
INSURER B : N/ A
N/ A
INSURER C : Liberty Mutual Insurance Corporation 23043
INSURER D : The First Liberty Insurance Corporation 33588 INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: CLE- 007228554- 01 REVISION NUMBER: 3

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

LTR TYPE OF INSURANCE
ADDL
INSD
SUBR

WVD POLICY NUMBER

POLICY EFF

MM/ DD/ YYYY)

POLICY EXP

MM/ DD/ YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 42- HBL- 331833- 01 10/ 31/ 2023 10/ 31/ 2025 EACH OCCURRENCE 5, 000,00

CLAIMS - MADE X OCCUR

DAMAGE TO RETED
PREMISES ( Ea occurrence) 5, 000,00
X SIR $ 250, 00 PREM- OPS MED EXP ( Any one person) N/ A X PERSONAL & ADV INJURY 5, 000,00
GEN' L
X

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
PROJECT
PER:

LOC
GENERAL AGGREGATE 5, 000,00
PRODUCTS - COMP/ O AGG 5, 000,00

C AUTOMOBILE
X

LIABILITY

ANY AUTO

OWNED SCHEDULED
AUTOS

NON - OWNED

AUTOS ONLY
AS5- 621- 095402- 023 10/ 31/ 2023 10/ 31/ 2024 COMBIaaccidNEDent) SINGLE LIMIT E 2, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)

PROPERTY DAMAGE
Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS - MADE

EACH OCCURRENCE

AGGREGATE
DED RETENT ON $

D WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
It yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N N/ A
WC6- 621- 095402- 013 AOS AOS) 10/ 31/ 2023 10/ 31/ 2024 X PER

STATUTE
oTHER
E. L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached it more space is required) RE: Mariposa project in Lathrop, CA - 66 residential lot subdivision - Approval of improvement plans & final map and recordation of final map to begin construction.

City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents are included as additional insured ( except for workers' compensation) where required by written contract, provided such contract was executed prior to the date of loss.

The General Liability insurance is primary and non- contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract.

CERTIFICATE HOLDER CANCELLATION
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
of Marsh USA LLC
r C`. 1QcACORD 25 ( 2016/ 03)
1988- 2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
141
AGENCY CUSTOMER ID: CN101314853
LOC #: Philadelphia
ACORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY
Marsh USA LLC

NAMED INSURED
K. Hovnanian Homes Northern
California, Inc.
3721 Douglas Blvd., Suite 150
Roseville, CA 95661

POLICY NUMBER

CARRIER NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The policies referenced on this certificate may be subject to retained limits, self -insured retentions or deductibles.

ACORD 101 ( 2008/ 01) 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
142

ENDORSEMENT
This endorsement, effective 12: 01 AM:

Forms a part of Policy No.:

Issued to:

By:
10/ 31/ 2023
42- HBL- 331833- A1
Hovnanian Enterprises, Inc.

National Fire & Marine Insurance Company
Al ) 11 ZONAL INSURED OWNERS, L}? S, FES OR
N` 1 RA( 1 ( 3RS S(_; 1IEI) ULF, 1) P1 RSON () R

ORGANIZATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY POLICY

PRODUCTS/ COMPLETED OPERATIONS LIABILITY POLICY

HOMEBUILDER LIABILITY INSURANCE PCUCY

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Locations) Of Covered Operations
Any such person or organization but only to the extent
required by a written contract executed prior to the
occurrence' or offense.

N/ A
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused,
in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s) designated above.

0 Insurance Services Office, Inc., 2012
143
However:

1. The insurance afforded to such additional insured
only applies to the extent permitted by law; and

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

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
property damage" occurring after:

1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project ( other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured( s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization other
than another contractor or subcontractor engaged
in performing operations for a principal as a part
of the same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to Section
I11— Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

All other terms and conditions of this policy remain
unchanged.

0 Insurance Services Office, Inc., 2012
144
Berkshire Hathaway
Specialty Insurance
This endorsement, effective 12: 01 AM:

Forms a part of Policy No.:

Issued to:

By:

ENDORSEMENT
10/ 31/ 2023
42- HBL- 331833- 01
Hovnanian Enterprises, Inc.

National Fire & Marine Insurance Company
1) I'() NAI, INSURED OWNERS, I.1. SSEI, OR
N` 1_' RAC i ORS C() M1' 1,'1) OPERATIONS
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY POUCY

PRODUCTS/ COMPLETED OPERATIONS LIABILITY POUCY

HOMEBUILDER LIABILITY INSURANCE POLICY

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations Any such person or organization but only to the extent
required by a written contract executed prior to the
occurrence" or offense.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section 11— Who is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work"
at the location designated and described in the
Schedule of this endorsement performed for that
additional insured and included in the "products -
completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

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

C Insurance Services Office, Inc., 2012
145
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section 111— Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

All other terms and conditions of this policy remain
unchanged.

Insurance Services Office, Inc., 2012
146

EXHIBIT C

TOTAL IMPROVEMENT ESTIMATE
147
25225
5/ 29/024
GA

BOND ESTIMATE
MOSSDALE LANDING, NEIGHBORHOOD 12
TRACT 3225

LATHROP, CALIFORNIA
Based on Unapproved 1st Submittal Improvement and Grading Plans prepared by MacKay & Somps dated May 2024

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GRADING AND STREETWORK

1. 50, 278 YDS Rough grading 4. 00 $ 201, 10

2. 24, 142 CY Import ( in -tract) 10. 00 $ 241, 420

2. 132, 788 SF Finish grade street 0. 25 $ 33, 200

3. 64,48 SF Structural Section ( 4" AC, 4"AB, 12" LTB) 4. 00 $ 258, 590

4. 1 LS Signing and Striping 25, 000. $ 25, 000

5. 8 EA Survey Monuments 800. 00 $ 6, 400

6. 927 LF 9' Community Wall 175. 00 $ 162, 230

7. 577 LF 6' Community Wall 150. 00 $ 86, 550
ESTIMATED TOTAL GRADING AND STREETWORK: $ 1, 014, 500
B. CONCRETE WORK

1. 5, 043 LF 6" Standard curb and gutter 16. 00 $ 80, 690

2. 26, 374 SF 6" Sidewalk 5. 00 $ 131, 870

3. 8 EA Curb Return and Handicap Ramp 2, 500. 0 $ 20, 000

4. 66 EA Driveways 725. 00 $ 47, 850
ESTIMATED TOTAL CONCRETE WORK: $ 280, 410
C. SANITARY SEWER WORK

1. 11 EA Manholes including reset to finish grade and vacuum test 6, 000. $ 66, 000

2. 2, 162 LF 8" Pipe including backfill 32. 00 $ 69, 180

3. 54 EA 4" Laterals w/ cleanouts 1, 000. $ 54, 000

4. 1 EA Connect to Existing 1, 500. 0 $ 1, 500

5. 2, 162 LF Dewatering ( Wells/ Pumps/ipes) 88. 50 $ 191, 340 ESTIMATED TOTAL SANITARY SEWER WORK: $ 382, 00
D. STORM DRAIN WORK

1. 3 EA Storm Drain Manhole including reset to finish grade 3, 200. 0 $ 9, 600

2. 231 LF 15" Polypropylene ( Type S) Storm drain pipe 65. 75 $ 15,90

3. 1, 571 LF 18" Polypropylene ( Type S) Storm drain pipe 66. 00 $ 103, 690

4. 9 LF 30" Polypropylene ( Type S) Storm drain pipe 105. 00 $ 950

5. 18 EA Curb inlet 3, 800. 0 $ 68, 400

6. 1 EA Connect to Existing 1, 500. 0 $ 1, 500

7. 1 LS Erosion/ Water Pollution Control 25, 000. $ 25, 000 ESTIMATED TOTAL STORM DRAIN WORK: $ 224, 330
Mossdale Landing - Qty Estimate( 2024. 05. 14). xls 1 of 2 148
25225
5/ 29/024
GA

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
E. WATER SYSTEM WORK

1. 2, 169 LF 8" Potable Water Main including fittings 30. 00 $ 65, 070

2. 6 EA Fire hydrant assembly 5,00. 0 $ 33, 000

3. 54 EA 1" Services 1, 200. 0 $ 64, 800

4. 66 EA Meter boxes 100. 00 $ 6,00

5. 2 EA Remove flange & connect 1, 500. 0 $ 3, 000

6. 8 EA 8" Butterfly Valves 800. 00 $ 6, 400

7. 1 EA Water Sampling Station 2, 500. 0 $ 2, 500
ESTIMATED TOTAL WATER SYSTEM WORK: $ 181, 370
F. DEMO OF EXISTING RECYCLED WATER BASIN AND WITHIN RIGHT- OF- WAY

1. 1 LS Demo for Basin A Only 566, 36. 00 $ 566, 370

2. 1 LS Demo including pavement removal within the Right -of -Way 5, 000. $ 5, 000 ESTIMATED TOTAL DEMO WORK: $ 571, 370
G. MISCELLANEOUS CONSTRUCTION

1. 2,77 LF Joint Trench 60. 00 $ 136, 620

2. 16 EA Streetlights 3, 500. 0 $ 56, 000

3. 27, 830 SF Landscape and Irrigation 10. 00 $ 278, 300 ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION: $ 470, 920

SUMMARY
A GRADING AND STREETWORK $ 1, 014, 500
B CONCRETE WORK $ 280, 410
C SANITARY SEWER WORK $ 382, 00
D STORM DRAIN WORK $ 224, 330
E WATER SYSTEM WORK $ 181, 370
F DEMO WORK $ 571, 370
G MISCELLANEOUS CONSTRUCTION $ 470, 920
TOTAL CONSTRUCTION COST: $ 3, 124, 920
10% CONTINGENCY: $ 312, 492
TOTAL COST: $ 3, 437,12
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.

6. Joint trench not included.

Prepared by the firm of

MACKAY & SOMPS
Mossdale Landing -Qty Estimate( 2024. 05. 14). xls 2 of 2 149

ATTACHMENT
E
11 JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)
July 8, 2024
Via Email
Jules Fulop
First American Title Company
4750 Willow Rd., Suite 275
Pleasanton, CA 94588
Email: jfulop@firstam. com
Re: Recordation of Final Map 3225; Escrow # xxxxxx
Dear Jules:

This letter constitutes the joint escrow instructions (" Escrow Instructions") of K. Hovnanian Homes Northern California, Inc., a California Corporation (" KHOV") and the City of Lathrop City") in connection with the above -referenced escrow (" Escrow"). The Escrow was opened in connection with recordation of the above - referenced final map (" Final Map"). Recordation of the Final Map is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." First American Title Company is referred to as you" or " FATCO."
A. Date for Closing
The Final Map will be recorded at the time designated by KHOV as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by December 31, 2024, at the time designated in writing by KHOV, subject to satisfaction of the conditions set forth below (" Closing"). If the Final Map has not been recorded by December 31, 2024, FATCO will return the Final Map to the City.

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

B. 1. One original Final Map for Tract 3225, executed and acknowledged by the City and KHOV ( provided to FATCO by City).

The document listed in Item B. 1, above is referred to as the " Recordation Documents." The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date. 1 150

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)
C. Funds and Settlement Statement
You also have received, or will receive from KHOV, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the settlement statement prepared by you and approved in writing by both KHOV and City Settlement Statement"): recordation costs, escrow fees and other amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility of KHOV.

Funds to be wire transferred directly to the City, immediately upon recordation of the Final Map, in accordance with the wire transfer instructions for each entity are as follows:

1. The amount of $215,9, payable to the City pursuant to that certain Subdivision Improvement Agreement ( referred to as " SIA") for the Golden Valley Parkway & Brookhurst Boulevard traffic signal, is to be transferred to the City upon recordation of the Final Map.

2. The amount of $563, 021. 84, payable to the City pursuant to that certain SIA for the Golden Valley Parkway reimbursement, is to be transferred to the City upon recordation of Final Map.

The City' swire instructions are set forth below. The amounts set forth in Section C are referred to as the " Closing Funds."
D. Closing Requirements
When the following has occurred, you are authorized to close the Escrow at the time and in accordance with the process set forth below:

D. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Robert Sprague ( RSprague@KHOV. COM), ( b) Ethan Meltzer EMeltzer@KHOV. COM ), ( c)John Baayoun ( JBaayoun@KHOV. COM), ( d) Brad Taylor btaylor@ci. lathrop. ca. us), ( e) Salvador Navarrete ( snavarrete@ci. lathrop. ca. us), ( f) Sandra Lewis slewis@ci. lathrop. ca. us), ( g) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca. us), ( h) Monica Garcia mgarcia@ci. lathrop. ca. us), ( i) Teresa Vargas ( tvargas@ci. lathrop. ca. us), and ( j) Sarah Pimentel spimentel@ci. lathrop. ca. us), and have confirmation ( by telephone or email) from Robert Sprague and Brad Taylor that the Settlement Statement is accurate and acceptable; D. 2.

Instructions;
You have not received any instructions contrary to these Escrow D. 3. The Recordation Documents have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions;
2 151

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)
D .5. You have delivered a copy of these instructions, executed by an authorized signatory of FATCO with authority to bind FATCO, by email transmission to Robert Sprague and Brad Taylor at the email addresses set forth above; and D. 6. You have received confirmation ( by email or other writing) from Robert Sprague and Brad Taylor to record the Recordation Documents and complete the Transaction.

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

E. 1.

E. 2.

E. 3.

Date the Recordation Documents to be recorded;
Record the Recordation Documents in the Official Records; Pay the costs associated with the Transaction;
E. 4. Refund any funds delivered to you by KHOV that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:

K. Hovnanian Homes Northern California, Inc
3721 Douglas Boulevard, Suite 150
Roseville, CA 95661
Attn: Robert Sprague
E. 5. Notify ( a) Robert Sprague ( RSprague@KHOV. COM), ( b) Ethan Meltzer EMeltzer@KHOV. COM ), ( c) John Baayoun ( JBaayoun@KHOV. COM), ( d) Brad Taylor btaylor@ci. lathrop. ca. us), ( e) Salvador Navarrete ( snavarrete@ci. lathrop. ca. us), ( f) Sandra Lewis slewis@ci. lathrop. ca. us), ( g) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca. us), ( h) Monica Garcia mgarcia@ci. lathrop. ca. us), ( i) Teresa Vargas ( tvargas@ci. lathrop. ca. us), and ( j) Sarah Pimentel spimentel@ci. lathrop. ca. us), of the completion of the Transaction; E. 6. Within five ( 5) business days after the Recordation Date, deliver to: (1) Robert Sprague, K. Hovnanian Homes Northern California, Inc, 3721 Douglas Boulevard, Suite 150, Roseville, CA 95661; and ( 2) Brad Taylor, City Engineer, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:

A)
B)
a certified copy of the Recordation Documents, showing all recording information of the Recordation Documents; and
a certified copy of the final Settlement Statement.
3 152

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)
F. Additional Instructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.

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

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

Very truly yours,
Stephen J. Salvatore
City Manager
City of Lathrop
Date John Baayoun Date
Division President
K. Hovnanian Homes Northern California, Inc.
4 153

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAP
FINAL MAP 3225)

ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:

Receipt of the foregoing Escrow Instructions from KHOV and the City is hereby acknowledged.

The undersigned agrees, for itself, and on behalf of FATCO, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to KHOV and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of FATCO.

First American Title Company
By:

Its:

Date:
5 154
ITEM 4. 10

CITY MANAGER' SREPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED
CONDITIONS FOR EP NO. 2023- 102 LOCATED ON

GOLDEN VALLEY PARKWAY BETWEEN RIVER

ISLANDS PARKWAY AND SPARTAN WAY FROM

LATHROP LAND ACQUISITION, LLC, APPROVE

BUDGET AMENDMENT, RESCIND PREVIOUS

APPROVAL OF CHANGE ORDER, AND APPROVE
CHANGE ORDER NO. 33 FOR LANDSCAPE

MAINTENANCE WITH DAVID SILVA, DBA SILVA

LANDSCAPE
RECOMMENDATION: Adopt Resolution Accepting Public Improvements with Associated Conditions for Encroachment Permit
No. 2023- 102 Located on Golden Valley Parkway
Between River Islands Parkway and Spartan Way,
from Lathrop Land Acquisition, LLC, Approving
Budget Amendment, Rescinding Previous Approval
of Change Order, and Approving Change Order No.
33 for Landscape Maintenance with David Silva, dba
Silva Landscape
SUMMARY:

Lathrop Land Acquisition, LLC ( Saybrook), the developer for the Central Lathrop Specific Plan ( CLSP), has substantially completed the public improvements associated with Encroachment Permit No 2023- 102 (EP 23- 102) in accordance with the Offsite Improvement Agreement ( OIA) for Parcel Map 22- 09 (PM 22- 09), dated March 13, 2023. A Vicinity Map of the improvements is included in Attachment " B". Staff has inspected the improvements and they have been deemed substantially complete and in accordance with the approved plans and specifications by the City Engineer with the exception noted below.

Due to delays associated with Pacific Gas & Electric ( PG& E), an electrical connection for the irrigation controller has not yet been established. Therefore, staff recommends Council accept the public improvements contingent on the completion of the electrical connections. The approximate value of the public improvements constructed is 1, 643, 720, as shown in the GASB 34 Report included as Attachment " C". Saybrook provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the improvements offered for acceptance.

On October 9, 2023, City Council approved Change Order No. 32 with Silva Landscape for landscape maintenance. This change order has not been executed and an error was found during review by staff.
155
CITY MANAGER' S REPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2023- 102 LOCATED ON GOLDEN VALLEY PARKWAY BETWEEN RIVER

ISLANDS PARKWAY AND SPARTAN WAY FROM LATHROP LAND

ACQUISITION, LLC, APPROVE BUDGET AMENDMENT, RESCIND PREVIOUS APPROVAL OF CHANGE ORDER, AND APPROVE CHANGE ORDER NO. 33 FOR

LANDSCAPE MAINTENANCE
Therefore, staff requests City Council rescind the October 9, 2023 approval of Change Order No. 32 and approve Change Order No. 33 with the additional scope of work associated with this acceptance.

Staff requests City Council conditionally accept the public improvements associated with the EP 23- 102, approve a budget amendment associated with landscape maintenance, rescind previous approval of the October 9, 2023 change order, and approve Change Order No. 33 with Silva Landscape.

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 March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land.

On March 13, 2023, City Council approved PM 22- 09, establishing one commercial lot and one residential/ mixed use lot. As required by the City' ssubdivision ordinance, the approved PM 22- 09 included an OIA to guarantee specific public improvements that includes the landscape improvements along northbound Golden Valley Parkway GVP). The work was completed under EP 23- 102.

Due to delays associated with Pacific Gas & Electric ( PG& E), an electrical connection for the irrigation controller has not yet been established. Therefore, staff recommends Council accept the public improvements contingent on the completion of the electrical connections. Council acceptance of improvements with a condition of completion will accelerate the construction of the commercial area in the CLSP by allowing Saybrook to sell the land to developers quickly.

To guarantee the completion of the unfinished improvements associated with PG& E, Performance Bond No. PB01987300010 in the sum of $ 2, 774, 965. 00and Labor & Materials No. PB01987300010 in the sum of $ 1, 387, 482. 50 will remain in place until the PG& E work is inspected by staff and deemed complete by the City Engineer. Upon completion the bonds will be released, and maintenance will begin.

Saybrook has also provided a one- year warranty bond ( 070220410M) in the sum of 160, 325., based on 10% of the construction cost, as well as developer lien releases and contractor lien releases.

On October 9, 2023, City Council approved Change Order No. 32 with Silva Landscape for landscape maintenance. This change order has not been executed and an error was found during review by staff.
156
CITY MANAGER' S REPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2023- 102 LOCATED ON GOLDEN VALLEY PARKWAY BETWEEN RIVER

ISLANDS PARKWAY AND SPARTAN WAY FROM LATHROP LAND

ACQUISITION, LLC, APPROVE BUDGET AMENDMENT, RESCIND PREVIOUS APPROVAL OF CHANGE ORDER, AND APPROVE CHANGE ORDER NO. 33 FOR

LANDSCAPE MAINTENANCE
Therefore, staff requests City Council rescind the October 9, 2023 approval of Change Order No. 32 and approve Change Order No. 33 with the additional scope of work associated with this acceptance.

REASON FOR RECOMMENDATION:

Construction of the public improvements associated with EP 23- 102 is substantially complete and have been inspected by City staff to ensure conformance with the approved plans, excluding the electrical connection. Saybrook has submitted lien releases, a one- year warranty bond, and as -built drawings, for the improvements being accepted.

To avoid delay in acceptance of public improvements due to PG& E, staff requests Council accept the completed public improvements contingent on the completion of the electrical connections. If accepted as proposed, the developer will notify staff when PG& Econnections are completed and City staff will confirm when the remaining improvements have been completed and will subsequently release the performance and labor and materials bond.

FISCAL IMPACT:

The one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.

The City' sService Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 1, 643, 720 expended on public improvements, and the City' s maintenance
costs will increase because of the additional improvements that have to be maintained.

The initial budget for CFD 2019- 02 was planned for gradual development. However, with the rate of development staff is asking for a budget amendment to cover the cost of maintenance for the improvements proposed to be accepted as follows:

Fiscal Year 2024-025
Increase Appropriation ( Trees & Landscaping)
2680- 5-5- 420- 27- 00 $19, 800
Staff is requesting City Council adopt resolution approving Contract Change Order CCO) No. 33 with Dave Silva, dba Silva Landscape included as Attachment " D" for maintenance service as outlined above.
157
CITY MANAGER' S REPORT PAGE 4
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2023- 102 LOCATED ON GOLDEN VALLEY PARKWAY BETWEEN RIVER

ISLANDS PARKWAY AND SPARTAN WAY FROM LATHROP LAND

ACQUISITION, LLC, APPROVE BUDGET AMENDMENT, RESCIND PREVIOUS APPROVAL OF CHANGE ORDER, AND APPROVE CHANGE ORDER NO. 33 FOR

LANDSCAPE MAINTENANCE
ATTACHMENTS:

A. Adopt Resolution Accepting Public Improvements with Associated Conditions for Encroachment Permit No. 2023- 102 Located on Golden Valley Parkway between River Islands Parkway and Spartan Way, from Lathrop Land Acquisition, LLC, Approving Budget Amendment, Rescinding Previous Approval Of Change Order, and Approving Change Order No. 33 For Landscape Maintenance
B. Vicinity Map
C. GASB 34 Report - Golden Valley Parkway
D. Contract Change Order No. 33 with Dave Silva dba Silva Landscape 158
CITY MANAGER' SREPORT PAGE 5
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2023- 102 LOCATED ON GOLDEN VALLEY PARKWAY BETWEEN RIVER

ISLANDS PARKWAY AND SPARTAN WAY FROM LATHROP LAND

ACQUISITION, LLC, APPROVE BUDGET AMENDMENT, RESCIND PREVIOUS APPROVAL OF CHANGE ORDER, AND APPROVE CHANGE ORDER NO. 33 FOR

LANDSCAPE MAINTENANCE
APPROVALS:
01a / Ovaf
V'= ronica Albarran Date
Junior Engineer
to : 271- DA
Ken Reed Date
Senior Construction Manager
Brad ylor
City En. ineer
Cari Ja
Financ- D e tor
Michael King
Assistant y Manager
Date
6/ 27/ 70- z'i
Date
Cc, • Z$• Z0Zy
Date
r ( 1 ( 7, 040(
Salvador Navarrete Date
City Attorney

2. 14
Stephen J. Salvatore Date
City Manager
159
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING

PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR
ENCROACHMENT PERMIT NO. 2023- 102 LOCATED ON GOLDEN VALLEY

PARKWAY BETWEEN RIVER ISLANDS PARKWAY AND SPARTAN WAY, FROM

LATHROP LAND ACQUISITION, LLC, APPROVING BUDGET AMENDMENT,

RESCINDING PREVIOUS APPROVAL OF CHANGE ORDER, AND APPROVING CHANGE ORDER NO. 33 FOR LANDSCAPE MAINTENANCE WITH DAVID SILVA,

DBA SILVA LANDSCAPE
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 March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land; and
WHEREAS, on March 13, 2023, City Council approved Parcel Map 22- 09 (PM 22- 09), establishing one commercial lot and one residential/ mixed use lot. As required by the City' s subdivision ordinance, the approved PM 22- 09 included an Offsite Improvement Agreement ( OIA) to guarantee specific public improvements that includes the landscape improvements along northbound Golden Valley Parkway GVP). The work was completed under Encroachment Permit No 2023- 102 (EP 23- 102); and
WHEREAS, due to delays with Pacific Gas & Electric ( PG& E) for the electrical connections, some portions of the construction are not complete. Therefore, staff recommends Council accept the public improvements contingent on the completion of the electrical connections; and
WHEREAS, Council acceptance of improvements conditioned on completion will accelerate the construction of the commercial area in the Central Lathrop Specific Plan by allowing Lathrop Land Acquisition, LLC ( Saybrook) to sell the land to developers quickly; and
WHEREAS, to guarantee the completion of the unfinished improvements associated with PG& E, Performance Bond No. PB01987300010 in the sum of 2, 774, 965. 00 and Labor & Materials No. PB01987300010 in the sum of 1, 387, 482. 50 will remain in place until the PG& E work is inspected by staff and deemed complete by the City Engineer. Upon completion the bonds will be released, and maintenance will begin; and
WHEREAS, construction of the public improvements associated with EP 23- 102 is substantially complete excluding the electrical connection and have been inspected by City staff to ensure conformance with the approved plans and City specification; and
WHEREAS, Saybrook has submitted lien releases, a one- year warranty bond, and as -built drawings, for the improvements being accepted; and 160
WHEREAS, the one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, On October 9, 2023, City Council approved Change Order No. 32 with Silva Landscape for landscape maintenance. This change order has not been executed and an error was found during review by staff; and WHEREAS, staff requests City Council rescind the October 9, 2023 approval of Change Order No. 32 and approve Change Order No. 33 with the additional scope of work associated with this acceptance; and
WHEREAS, the City' s
Service Maintenance CFD 2019- 02 has been established
to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 1, 643, 720expended on public improvements, and the City' s maintenance costs will increase because of the additional improvements that have to be maintained; and
WHEREAS, the initial budget for CFD 2019- 02 for the Central Lathrop Specific Plan ( CLSP) was planned for gradual development. However, with the rate of development and rise in inflation, staff requests approval of a budget amendment to cover the cost of maintenance for the improvements proposed to be accepted; and WHEREAS, staff is requesting Council to approve a budget amendment as follows:

Fiscal Year 2024-025
Increase Appropriation ( Trees & Landscaping)
2680- 5-5- 420- 27- 00 $19, 800
and
WHEREAS, staff is requesting City Council adopt resolution approving Contract Change Order ( CCO) No. 33 with Dave Silva, dba Silva Landscape included as Attachment " D" of the City Manager' s Report that accompanied this Resolution for maintenance service as outlined above.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby conditionally accept the completed public improvements from Lathrop Land Acquisition, LLC associated with EP 23- 102 and OIA for PM 22- 09, listed in the GASB 34 Report included in Attachment " C" of the City Manager' s Report that accompanies this Resolution, contingent on the completion of the electrical connection to City specification and confirmation of the same by the City Engineer; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does herby approve the budget amendment as detailed above; and 161
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby rescind previous approval of Contract Change Order with David Silva from the October 9, 2023 Council Meeting; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve Contract Change Order No. 33 with David Silva, dba Silva Landscape included as Attachment " D" of the City Manager' s Report that accompanies this Resolution for maintenance services.
162
PASSED AND ADOPTED by the City Council of the City of Lathrop this 8th day of July 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 163

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165

ATTACHMENT
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: MacKay & Somps - Jeff Matson Date: 06/5/ 2024 CLSP - Commercial Frontage - Golden Valley Parkway Public Project: Landscaping ( East side)
East Side of Golden Valley Parkway along the commercial Address: frontage parcels
SOFT COSTS Unit Price Amount
1 Landscape Design ( Gates) $ 1. 00 $ 40,66. 70
Subtotal: $ 40,66. 70
Item Description Unit Qty Unit Price Amount
LS 1 1, 603, 253. 50 1, 603, 253. 50
A Landscape
1 Landscape LS 1
2 Root Barriers LF 1890
3 Stabilized Decomposed Granite SF 2476
4 Irrigation LS 1
5 Irrigation Audit EA 1
6 Recycled Water Meter EA 1
7 90 day maintenance Month 3
F Miscellaneous
1 Phase 1 and Phase 2 Grading LS 1
2 Phase 1 AB Base for DG Paving SF 2089
3 Phase 1 6" Mow Strip LF 2152
4 Phase 1 Irrigation Sleeves 2 ea x 6" EA 3
5 Phase 2 AB Base for DG Paving SF 2089
6 Phase 2 6" Mow Strip LF 2152
7 Phase 2 Irrigation Sleeves 2 ea x 6" EA 3
Subtotal: $ 1, 603, 253. 50
Hard Cost Subtotal $ 1, 603, 253. 50
Softcost Total $ 40,66. 70
Total $ 1, 643, 720. 2
166

ATTACHMENT
CHANGE ORDER NO. 33
Monthly Fee —
Landscape Maintenance for East Side GVP Landscaping and CLSP 1D Park City of Lathrop CONTRACT CHANGE ORDER NO. 33
MONTHLY FEE — Landscape Maintenance for Saybrook Offsites and CLSP 1D Park Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date
Contract Execution Date:

Notice to Proceed Date:

July 08, 2024
September 1, 2017
August 29, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None

11. ADDITION( S) TO CONTRACT
Monthly Fee — Landscape Maintenance for East side GVP Landscaping 1, 650/ mo.

Monthly Fee — CLSP Phase 1D Park 2, 800/ mo.

MONTHLY FEE COST FROM CHANGE ORDER NO. 33 ( MONTHLY FEE) 4,50/ mo.

ORIGINAL CONTRACT AMOUNT ( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( MONTHLY FEE) 13, 900. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5 ( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8 ( MONTHLY FEE) 1, 850. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11 ( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14 ( MONTHLY FEE) 3, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15 ( MONTHLY FEE) 8, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23 ( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25 ( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26 ( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27 ( MONTHLY FEE) 625. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 28 ( MONTHLY FEE) 675. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 29 ( MONTHLY FEE) 450. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 30 ( MONTHLY FEE) 3, 725. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 31 ( MONTHLY FEE) 9, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 32 ( MONTHLY FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 33 ( MONTHLY FEE) 4,50. 0 167
CHANGE ORDER NO. 33
Monthly Fee —
Landscape Maintenance for East Side GVP Landscaping and CLSP 1D Park City of Lathrop TOTAL REVISED MONTHLY CONTRACT AMOUNT 108, 539. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2 ( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3 ( ONE TIME FEE) 22, 800. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4 (ONE TIME FEE) 3, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6 (ONE TIME FEE) 11, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7 ( ONE TIME FEE) 1, 780. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9 (ONE TIME FEE) 2,00. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10 ( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12 ( ONE TIME FEE) 3, 800. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13 ( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16 ( ONE TIME FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17 ( ONE TIME FEE) 2, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18 (ONE TIME FEE) 1, 650. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19 ( ONE TIME FEE) 2, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20 ( ONE TIME FEE) 2,00. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21 ( ONE TIME FEE) 1, 300. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22 (ONE TIME FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24 (ONE TIME FEE) 4, 500. 0 TOTAL ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 0

END OF CHANGES)

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as Notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 33. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' swork on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
168
CHANGE ORDER NO. 33
Monthly Fee —
Landscape Maintenance for East Side GVP Landscaping and CLSP 1D Park City of Lathrop Approved As
To Form:

Recommended
By:

Approved By:

Accepted By
Contractor:
ll(110
Salvador Navarrete Date
City Attorney
City of Lathrop
Michael King
Assistant City Manager
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
Date
Date
David Silva dba Silva Landscape Date
Print Name and Title
169
Silva Landscape
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. silvalandscape@gmail . com
SI LVA
LAN"``
Estimate

ADDRESS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ESTIMATE # 2046
DATE 09/ 15/ 2023
AREA
D- 1 Park ( in CLSP)

SERVICES
Monthly Maintenance to follow City of Lathrop specs 2, 800. 0 AMOUNT
Approved by TOTAL
Accepted By Accepted Date
2, 800. 0
170
SI LVA
Silva Landscape
PO Box 607
Patterson, CA 95363
925- 413- 392
LANDSCAPE david. silvalandscape@gmail. com

ADDRESS
City of Lathrop
390 Towne Centre Drive
Lathrop
CA
95330
ESTIMATE # 2067
DATE 06/ 25/024
AREA

RATE AMOUNT
Monthly Maintenance 1, 650. 0 1, 650. 0
Golden Valley Parkway Streetscape
East side - between Chevron and Lathrop Road
Thank you for your business. TOTAL
Accepted By Accepted Date
1, 650. 0
171

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172
ITEM 4. 11

CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY

KNIFE RIVER FOR LATHROP ROAD PAVEMENT
REPAIR, CIP PS 24- 35
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Knife River for Lathrop Road
Pavement Repair, CIP PS 24- 35, Authorizing the
Filing of a Notice of Completion, the Release of
Contract Retention, and the Release of Performance
and Payment Bonds
SUMMARY:

On May 13, 2024, City Council created Capital Improvement Project ( CIP) PS 24- 35 for Lathrop Road Pavement Repair ( Project) to reconstruct damaged pavement on the eastbound travel lane of Lathrop Road near the easterly rail road grade separation. The Project consisted of grinding 3" of existing asphalt, installing tensar glasgrid, repaving 3" of asphalt, and installing thermoplastic striping. At the same Council meeting, City Council awarded a construction contract to DSS Company dba Knife River Construction ( Knife River) for construction of the Project in the amount of $ 75, 000 plus a 15% construction contingency in the amount of $ 11, 250 for a total approved construction budget of $ 86, 250.

Knife River has completed construction of the Project. Staff inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. Knife River submitted lien releases, confirming all sub -contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.

Staff is requesting City Council accept the improvements constructed by Knife River for Lathrop Road Pavement Repair, CIP PS 24- 35. Staff also requests City Council to authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Knife River in the amount of $ 3, 804. 21 within fortyfive ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

Staff evaluated the existing pavement conditions on Lathrop Road and determined the need to repair approximately 975 linear feet along the eastbound travel lane near the easterly rail road grade separation.
173
CITY MANAGER' SREPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY KNIFE RIVER FOR LATHROP ROAD PAVEMENT REPAIR, CIP PS 24- 35
On May 13, 2024, City Council created CIP PS 24- 35 and awarded a construction contract to Knife River for construction of the Project. The scope of work consisted of grinding 3" of existing asphalt, installing tensar glasgrid, repaving 3" of asphalt, and installing thermoplastic striping with reflective pavement markers.

The awarded contract was in the amount of $ 75, 000 and a 15% construction contingency of $ 11, 250 was authorized for staff to use as necessary to achieve the goals of the project. The total construction budget for the Project was $ 86, 250.

During construction, a contract change order of $ 1, 084. 13 was issued for a final contract amount of $ 76, 084. 13.

The project has been completed within the available construction budget, original contract period, and in accordance with the plans, specifications, and City of Lathrop standards. Knife River has also submitted lien releases, confirming all sub -contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.

Upon acceptance of the improvements, the performance and payment bonds ( No. 190- 054-40/ 107991763) will be released and replaced with a warranty bond ( Bond No. 190 -054 -040 -W/ 107991763 -W, $75, 000). The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. Knife River has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the improvements constructed by Knife River for the Project. Staff is also requesting City Council to authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Knife River in the amount of $ 3, 804. 21 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

Knife River completed the Project pursuant to the contract documents dated May 13, 2024. Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

The performance and payment bonds ( No. 190- 054-40/ 107991763) will be released and replaced with a one- year warranty bond ( Bond No. 190 - 054 - 040 -W/ 107991763 - W, $75, 000) upon City Council' sacceptance of the improvements. 174
CITY MANAGER' S REPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY KNIFE RIVER FOR LATHROP ROAD PAVEMENT REPAIR, CIP PS 24- 35
FISCAL IMPACT:

The final construction contract amount with Knife River for the Project is $ 76, 084. 13.

Sufficient funds were allocated within CIP PS 24- 35 to close out the project. With the completion of this project, staff requests that unused funds be transferred back into the General Fund Street Repair Reserves ( 1010).

ATTACHMENTS:

A. Resolution Accepting Public Improvements Constructed by Knife River for Construction of Lathrop Road Pavement Repair, CIP PS 24- 35, Authorizing the Filing of a Notice of Completion, Releasing of Contract Retention, and Releasing of Performance and Payment Bonds
B. Notice of Completion - Lathrop Road Pavement Repair, CIP PS 24- 35 175
CITY MANAGER' S REPORT PAGE 4
JULY 8, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY KNIFE RIVER FOR LATHROP ROAD PAVEMENT REPAIR, CIP PS 24- 35
APPROVALS:

G - 2J — 2. 0L' f
Ange Abarca Date
Assistant Engineer
1- t - Z4Z4
Ken Reed Date
Senior Construction Manager
Brad aylor
City Engineer
Cari Jam
Finance rector
Date
7// afl( s24
Date
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
C•• 18. 2ozy
2,y

1. 2. Zs/
Stephen J. Salvatore Date
City Manager
176
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY KNIFE RIVER FOR LATHROP ROAD PAVEMENT REPAIR, CIP PS 24- 35, AUTHORIZING THE

FILING OF A NOTICE OF COMPLETION, THE RELEASE OF CONTRACT

RETENTION, AND THE RELEASE OF PERFORMANCE AND PAYMENT BONDS WHEREAS, on May 13, 2024, City Council created Capital Improvement Project ( CIP) PS 24- 35 for Lathrop Road Pavement Repair ( Project) to reconstruct damaged pavement on the eastbound travel lane of Lathrop Road near the easterly rail road grade separation; and
WHEREAS, the Project consisted of grinding 3" of existing asphalt, installing tensar glasgrid, repaving 3" of asphalt, and installing thermoplastic striping; and WHEREAS, at the same Council meeting, City Council awarded a construction contract to DSS Company dba Knife River Construction ( Knife River) for construction of the Project in the amount of $ 75, 000 plus a 15% construction contingency in the amount of $ 11, 250 for a total approved construction budget of $86, 250; and WHEREAS, Knife River has completed construction of the Project; and WHEREAS, staff inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, Knife River submitted lien releases, confirming all sub -contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted; and WHEREAS, the performance and payment bonds ( No. 190- 054- 040/ 107991763) will be released and replaced with a one- year warranty bond ( Bond No. 190 - 054 -040 -W/ 107991763 - W, $75, 000) upon City Council' s acceptance of the
improvements; and
WHEREAS, staff requests City Council accept the improvements constructed by Knife River for the Project; and
WHEREAS, staff is also requesting City Council to authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Knife River in the amount of $ 3, 804. 21 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
177
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Knife River for Lathrop Road Pavement Repair, CIP PS 24- 35, for a total construction cost of 76, 084. 13; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Knife River, in the amount of $ 3, 804. 21 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds. 178
The foregoing resolution was passed and adopted this 8th day of July 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 179

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees ( GC 11922)

SPACE ABOVE THIS LINE FOR RECORDER' SUSE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:

NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co -owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, ifthere is more than one owner, are set forth in the preceding paragraph.

3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co - owners is:

Project No. CIP PS 24- 35 Lathrop Road Pavement Repair by DSS Company dba Knife River Construction.

4. That on the 8th day of July 2024 a work of improvement on the real property herein described was completed.

5. That the name ofthe original contractor, if any, for said work of improvement was: DSS Company dba Knife River Construction.

6. That the name and address of the transferor is:

NAME STREET AND NO. CITY STATE
DSS Company dba 655 West Clay Street Stockton CA 95206
Knife River Construction

7. That the real property herein referred to is situated in the State of California, and is described as follows:

City of Lathrop County of San Joaquin,
Project No. CIP PS 24- 35 Lathrop Road Pavement Repair

CITY OF LATHROP
By:

Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.

By:

Teresa Vargas, City Clerk Date
180

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated July 8, 2024 by DSS Company dba Knife River Construction to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on July 8, 2024, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
181

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182
ITEM 4. 12

CITY MANAGER' S REPORT
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO MARINA
LANDSCAPE INC. FOR CONSTRUCTION OF THE
GREEN PARK IMPROVEMENTS, CIP PK 22- 12 AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Marina Landscape, Inc. for The Green Park
Improvements, CIP PK 22- 12 and Approving Budget
Amendment.

SUMMARY:

On June 3, 2021, City Council approved the creation of The Green Park Improvements, Capital Improvement Project ( CIP) PK 22- 12 to replace the existing play equipment, install rubberized playground surfacing and update various landscape elements ( Project).

The plans and specifications for the construction of the Project were formally advertised for bid on May 29, 2024 pursuant to California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened four ( 4) bids on June 20, 2024. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Marina Landscape, Inc. (Marina) with a base bid of $ 485, 891.

Staff requests City Council award a construction contract to Marina for the construction of the Project in the amount of $485, 891. Staff also requests City Council authorize a 15% construction contingency of $ 72, 885 for a total cost not to exceed 558, 776 and authorize staff to spend the contingency as necessary to achieve the goals of the Project.

Staff also requests Council approve the purchase of the exercise equipment for 22,50. 47 and play structure for $ 241, 987.6for the Project, for a total cost of 264,38. 43.

Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2024-5 budget to award the construction contact and purchase the play structure and exercise equipment; therefore, a budget amendment of $ 100, 00 is requested to have sufficient funds to complete the Project.

BACKGROUND:

The Green Park is over 17 years old, one acre in size, and located in the Mossdale Landing area south of River Islands Pkwy. and east of McKee Blvd. On June 3, 2021, 183
CITY MANAGER' SREPORT PAGE 2
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MARINA LANDSCAPE, INC. FOR CONSTRUCTION OF THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12 AND

APPROVE BUDGET AMENDMENT
City Council approved the creation of the Project to replace the aging play structure and provide new recreation opportunities for older children.

Sam Harned Landscape Architecture prepared the plans and technical specifications for the Project, which features the replacement of aging and outdated play equipment with a larger structure. The new structure will provide opportunities for children aged 5- 12, expanding upon the existing structure' sdesign for younger children. Colorful rubberized surfacing will replace the aging wood fiber fall surface.

Landscape work includes the installation of drought -tolerant accent trees, shrubs and groundcover, irrigation, sod turf, concrete walkways, grouted cobbles and decomposed granite surfacing. Additional work includes the demolition of some concrete pathways and lawn areas.

Staff released the plans and specifications for bid solicitation on May 29, 2024 pursuant to CA PCC 20160 and LMC 2. 36. 060. Four ( 4) bids were received and opened by the City Clerk on June 20, 2024, all determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:

Table 1; Summary of Bid Results- The Green Park Improvements Contractor Base Bid
Marina Landscape, Inc. 485, 891
Odyssey Environmental Services 580,25
Westside Landscape & Concrete, Inc. 635, 535
Frontline General Engineering Construction, Inc. 769, 004 Staff reviewed and evaluated the bids, and determined that the lowest responsible bidder is Marina, with a base bid of $ 485, 891. Staff requests City Council adopt a resolution awarding a construction contract to Marina for $ 485, 891 for the construction of the Project.

Staff also requests City Council authorize a 15% construction contingency of $72, 885, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 558, 776.

Staff further requests City Council approve the purchase of the play structure and exercise equipment via authorized multiple award schedules as summarized below:

Item Cost Vendor Vendor Id
Play Structure 241, 987.6 Park Planet CMAS 4 - 16 -78 -0038E - SUP 3 Exercise Equipment 22,50. 47 Greenfields Sourcewell 010721- GRN 184
CITY MANAGER' SREPORT PAGE 3
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MARINA LANDSCAPE, INC. FOR CONSTRUCTION OF THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12 AND

APPROVE BUDGET AMENDMENT
REASON FOR RECOMMENDATION:

The proposed improvements will provide a larger and more challenging play structure suited to a wider age range of children. The upgrade from wood fiber to rubberized surfacing will improve safety and aesthetics.

FISCAL IMPACT:

The proposed construction contract with Marina is for $485, 891. A 15% construction contingency is requested in the amount of $ 72, 885 for a total cost not to exceed 558, 776.

Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2024/5 budget for CIP PK 22- 12 to award the contract; therefore, a budget amendment of $ 100, 00 from the Measure C Fund ( 1060) to the CIP Project Fund is requested as detailed below:

Increase Transfer Out
1060- 99- 00- 990-- 1 $ 100, 00
Increase Transfer In
3010- 99- 00- 393- 00 PK 22- 12 $ 100, 00
Increase Expenditures
3010- 8- 00- 420- 12- 00 PK 22- 12 $ 100, 00
The budget transfer of $ 100, 00 from the Measure C Fund ( 1060) is contingent upon the Measure C oversight committee finding the expenses in compliance with appropriate use of Measure C funds.

ATTACHMENTS:

A. Resolution Awarding a Construction Contract to Marina Landscape, Inc. for The Green Park Improvements, CIP PK 22- 12
B. Construction Contract with Marina Landscape, Inc. for The Green Park Improvements, CIP PK 22- 12
C. Proposal from Park Planet for Play Structure
D. Proposal from Greenfields for Exercise Equipment
185
CITY MANAGER' S REPORT PAGE 4
JULY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MARINA LANDSCAPE, INC. FOR CONSTRUCTION OF THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12 AND

APPROVE BUDGET AMENDMENT
APPROVALS:
7-74- ieet4d 27.+
Steven Hollenbeak Date
Assistant Engineer
1) -2' 7- 221
Ken Reed Date
Senior Construction Manager
Brad
City
Cari Jame
Director of nce
Michael King
Assistant y Manager
6/- r/Z0ZtF
Date
Date
Date
co• 21- ZoV. L(
Salvador Navarrete Date
City Attorney
Step1 en J. Salvatore Date
City Manager
1497, -

7. 2 2-
186
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO MARINA LANDSCAPE, INC. FOR THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12
WHEREAS, on June 3, 2021, City Council approved the creation of The Green Park Improvements, Capital Improvement Project ( CIP) PK 22- 12 (Project) to provide new play equipment, rubberized surfacing and other typical park amenities; and WHEREAS, on May 29, 2024, the City solicited bids for the construction of the Project pursuant to PCC 20160 and LMC 2. 36. 060; and
WHEREAS, a total of four (4) bids were received and opened by the City Clerk on June 20, 2024; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Marina Landscape, Inc. (Marina) with a base bid of $ 485, 891; and WHEREAS, staff requests City Council award a construction contract to Marina in the amount of $485, 891 for the construction of the Project; and WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $ 72, 885, for a total cost of $ 558, 776 and authorize staff to spend the contingency as necessary to achieve the goals of the Project; and WHEREAS, staff also requests Council approve the purchase of the exercise equipment and play structure for the Project for a total cost of $ 264,38. 43; and WHEREAS, sufficient funds were not allocated to CIP PK 22- 12 in the approved Fiscal Year ( FY) 2024/5budget for the construction of the Project, staff also requests Council authorize a budget amendment transferring $ 100, 00 from the Measure C Fund ( 1060) to the Project CIP fund, predicated on approval of the Measure C Committee to reimburse the project as detailed below:

Increase Transfer Out
1060- 99- 00- 990-0- 1 $ 100, 00
Increase Transfer In
3010- 99- 00- 393- 00 PK 22- 12 $ 100, 00
Increase Expenditures
3010- 8- 00- 420- 12- 00 PK 22- 12 $ 100, 00
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Marina Landscape, Inc. for the construction of The Green Park Improvements, CIP PK 22- 12 with a base bid of 485, 891; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $ 72, 885, for a total cost of 558, 776and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby the purchase of the exercise equipment and play structure for the Project for a total cost of $ 264,38. 43; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget transfer of $100, 00 for the purchase of exercise equipment and play equipment as detailed above.
188
The foregoing resolution was passed and adopted this 8th day of July, 2024 by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 189
SECTION 00500

ATTACHMENT
w

THE GREEN PARK IMPROVEMENTS CONSTRUCTION CONTRACT
CIP PK 22- 12

CONSTRUCTION CONTRACT
This Contract, dated July 8, 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Marina Landscape, Inc., Contractor), whose Taxpayer Identification Number is 95- 3760820.

For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:

1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Project and Work. Construction Documents for The Green Park Improvements, CIP PK 22- 12 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.

The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to demolition of portions of existing infrastructure, and installation of a playground structure, rubberized surfacing, landscaping and other typical park amenities, and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 50 working days following issuance of Notice to Proceed.

The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.

Base Bid Total: $ 485, 891 (Four Hundred Eighty Five Thousand Eight Hundred Ninety -One Dollars)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Marina Landscape, Inc. on June 20, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions. 190
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4. Compensation. In consideration of Contractor' sperformance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.

Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.

5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.

Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or 191
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continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to 192
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substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.

The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
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b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. fl In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
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The responsibility for compliance with this Article shall rest upon Contractor.

10. Bonds. As a condition precedent to City' sobligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 195
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10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
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PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Mailing Address:

Phone:

Email:

ATTN:

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part ofthis Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.

Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
8)
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 197
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10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a
copy of any corporate or
partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party 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 or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 198
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19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
200

EXHIBIT A
SECTION 00300

THE GREEN PARK IMPROVEMENTS BID PROPOSAL FORMS
CIP PK 22- 12

BID PROPOSAL FORMS
TO: City ofLathrop
390 Towne Centre Drive
Lathrop, CA 95330
1' hNTION: City Clerk
FOR: THE GREEN PARK IMPROVEMENTS, CIP PK 22- 12
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:

LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location ofthe proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City ofLathrop, in the form ofthe Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.

SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.

BASIS OF AWARD
The basis for award ofthe contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid or none of the work. 00300- 1
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CIP PK 22- 12 - Addendum No. 1