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.
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
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
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
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
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.
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 ri
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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.
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O4
22-04
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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
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FRANKLIN
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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
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4 ATTACHMENT
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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.
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, 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 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 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 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 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.
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 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 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 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
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 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 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.
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)(
SUBDIVIDER:
By: K. Hovnanian Homes Northern California, Inc
a California Corporation
John Baayoun Date
Division President
EXHIBIT A
FINAL MAP TRACT 3225
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
LEGEND
OA -
11. 22-04
082" nom
54' 25" W 52. 41'
M -
M
R- 1) 20. R=
00'
A=98° 56' 08" L=34. 5'IBNDY 123'' Na9° 1
50' 06'
14 Y
266_ 08'
M -
M( 6. 1)
7-
T
15 R
IE.
SEC
34 M .
0M. 2 8
T.
25 .
0. 51
SEC
3 M
D
B.
0M L
I `°
TRACT
N0.
3437
1 4D
ST MAP
49 Nee°s4Gsw KHURL
L
BR00
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289. 00'
M- 404-/
982 °
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712T32' 54 686. 72Nd 86.
BNDY( R
82' Z6A.
M( 4)_ M.R,
23 CRY
OF LATHROP
APN
181-90- 15
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o\ 25225\ SRV\ NAPGIUG\
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42. 55'
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I
6 .
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114. 76'( R -
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43BNDY( R- 2)_ _
N89° 06' 50' W
1100. 54' (
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489° 06' 501W
1097. 87'( 11)
CRY
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INSTRUM
ENT
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249129 2004-
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100
200
PARCEL
MAP
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02 -
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53 SCALE:
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3 NOTES:
I
ALL
2. TRACT
MAP ,
ALL
R- 1. R- 23R4' R
BASIS
OF
THE
BEARING
MONUMENTS
IN
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39 COUNTY
HEREON.
SAN
SHEET
2 OF
4 r1
52. N82° 54' o5 W
41'
M -
M
ITI,I
20. R=
00' - _
N82 °
54- U• W
289. 00'
MGM _
98° 56' 0 - - 0=
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23'
J
I
28 M
BOULEVARD CKEE 0' r LEGEND
PUT
96 7942±
SF 110.
47' E09 NBA°
00' 47' 09 N88(
T
00' 110.
77,
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69' 5.
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87105' F67. 89' 4 .
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38. 49'
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88° 09' 47
00' 110.
4 6600' N881SF
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6fi00E
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100. 00 6450' - 21
SF
6 6600±
SF
47' 0468° 09'
00' 110.
47' ENBA° 09'
100. 00'
20 6450,
SF
10'
PUT
7 6600,
SF
09' 47. 6NBB°
00' 110.
8 DISTINCTIVE
BORDER
RIGHT
OF
WAY
LINE
LOT
LINE/ PARCEL
LINE
SECTION
LINE
EXISTING
PROPERTY
LINE
EASEMENT
LINE
MONUMENT
LINE
i / /
i
RELINQUISHMENT
OF ABUTTER' S
RIGHTS
FOUND
2 2' 1/
BRASS
DISK
INCONCRETE
MONUMENT
BOX UNLESS
OTHERWISE
NOTED
486' 47' E39
00' 100.
19 6450,
SF
881471E 09'
00100.
18 64506
SF
10'
PUE
41' NB8° 09'
2 00' 10.
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37 40
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49 CL
OFBPOOKHURST
BOULEVARD
BROOKHURST
BOULEVARD
L
N82154' 05` W5 563, 13'
J, '
50 .
31 '
407° 05' 5 '
0(8)105' TN7 55' 7.89'
8=272. 00' e82568' L =
42.'
10'
POE
24 7334±
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N1' S0' 13' w
20. 49' d=4 °
59'2 26. 61' L
582 °
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vg
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rE1s. s9'
ERVANE
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SET
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US
8817'
IN
MONUMENT
BOX
PER
CITY
OF
LATHROP
STANDARDS
ANGLE
POINT
BOUNDARY
CENTERLI
NE
EXISTING MONUMENT
TOMONUMENT
MONUMENT
TOMONUMENT
LINE
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TOPROPERTY
LINE
PUBLIC
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8=272. 00 34' 8=°55 38' L=42. 7936±
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SF
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8565,
SF
NB8°
47' 009
10' 125.
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SF
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24' 120.
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SF
SEE
SHEET
4 MAPS
AND
PLATS
WALL
EASEMENT
RADIAL
BEARING
RECORD
DISTANCE
SAN
JOAQUIN
COUNTY
RECORDS
INDICATES
SHEET
NUMBER
82° 54' 05' 4
1 97'
76322
SF
7312,
SF
64 6664±
SF
82'
AVM4 .
00 28 71851
SF
2 =
9 '
29' 04
0=14 .
90' N
66 126042
SF
8131'
SF
A=5°20' 05 ' 6 . L=
15'
90. 0' 8=19° 28' 1=
31 Eh
I
L=30. 59'
6745,
SF
T9
N82° 34 '
30' W
112, 00'
6720,
SF
N62
134' 30 8
112, 00'
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,
SJ. C R
1R- 4,
TRACT
NO. 3437,
MAPS &
PLATS
BK.
40. PG.
49,
S .
0J.
R.
SHEET
3 OF
4 SAN
H
4m
28' 33
BOULEVARD MCKEE
7W89. Ci06' 50. 9
33. 04
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AS 63
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4 OF
4 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.
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
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
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
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
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
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
EXHIBIT C
TOTAL IMPROVEMENT ESTIMATE
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 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
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 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 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 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 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:
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