RESOLUTION R2023-XX
RESOLUTION APPROVING AN AMENDMENT TO THE IMPROVEMENT AGREEMENT FOR DENALI UNIT NO. 2 – OFFSITE IMPROVEMENTS, MODIFYING SCHEDULE B, TRANSPORTATION SYSTEM, TABLE 1, TRANSPORTATION SYSTEM P.F.I.P. REIMBURSEMENT, DECREASING THE AMOUNT FROM $1,817,571.90 TO $1,188,157.88; AND APPROVING AN APPROPRIATION OF $731,221.57 FROM THE PFIP TRANSPORTATION UNDESIGNATED RESERVES INTO THE S. MCKINLEY IMPROVEMENT PROJECT (CIP 19066) WHEREAS, on March 27, 2019, the City of Manteca and the property owner of the Denali subdivision, Dutra Farms, Inc., and the property owners of the Oakwood Trails subdivision, PD Danna LLC and PL Danna LLC, entered into the McKinley Avenue Southerly Extension Property Dedication and Improvement Agreement (C2019-37); and WHEREAS, on November 5, 2019, the City of Manteca and the property owner of the Denali subdivision, Dutra Farms, Inc., and the property owners of the Oakwood Trails subdivision, PD Danna LLC and PL Danna LLC, amended the McKinley Avenue Southerly Extension Property Dedication and Improvement Agreement (C2019-37-A1); and WHEREAS, the McKinley Avenue Southerly Extension Property Dedication and Improvement Agreement (C2019-37), Section V. CONSTRUCTION OF IMPROVEMENTS, Subsection B.1.d, states:
PFIP Transportation Account/Fees will also be used to temporarily fund the following improvements; however, Property Owners or their respective successors in ownership of the Denali subdivision or the Oakwood Trails subdivision, as the case may be, shall reimburse the City for the actual bid costs (as provided below), based on a rational pro-rata basis, for the improvements at the time of development:
a. Street lights
b. Landscaping
c. Storm drain
d. Relocation of the “Eckert” processing water force main and overhead utility lines e. Curb, gutter, and sidewalk (if in its final location and required by Caltrans) along Property Owner’s frontage necessary to transition from the SR120/McKinley Avenue Interchange to the PFIP Improvements described in Sections V.A.1 and V.A.2 above; and WHEREAS, on July 12, 2022, the City of Manteca and TH Denali, LLC, entered into an Improvement Agreement for the Denali Unit No. 2 – Offsite Improvements (C2022-96) with the Estimated Total Cost of Improvements of $7,814,014.21; and WHEREAS, the Improvement Agreement for the Denali Unit No. 2 – Offsite Improvements (C2022-96) included SCHEDULE B, PUBLIC FACILITIES IMPLEMENTATION PLAN (P.F.I.P.), that identified Credits and Reimbursements, including TRANSPORTATION SYSTEM, Table 1: Transportation System P.F.I.P. Reimbursement; and WHEREAS, TRANSPORTATION SYSTEM, Table 1: Transportation System P.F.I.P. Reimbursement, inadvertently included reimbursement for the “Eckert” processing water force main (and associated sewer forcemain manholes) and did not include reimbursement to the City for relocation of the overhead utility lines. Additionally, Table 1 did not include the Landscape Median costs which have now been included; and WHEREAS, both the City of Manteca and TH Denali, LLC, desire the City of Manteca to temporarily fund relocation of the overhead utility lines at a cost of $731,221.57; and WHEREAS, in light of the previous recitals, the City of Manteca and TH Denali, LLC, desire to amend the Improvement Agreement for the Denali Unit No. 2 – Offsite Improvements (C2022-96); and WHEREAS, the City Council has considered all information related to this matter as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
2. The City Council approves an amendment to the Improvement Agreement for Denali Unit No. 2 – Offsite Improvements, modifying SCHEDULE B, Transportation System, Table 1, Transportation System P.F.I.P. Reimbursement, decreasing the amount from $1,817,571.90 to $1,188,157.88.
3. The City Council authorizes an appropriation of $731,221.57 from the PFIP Transportation undesignated reserves into the S. McKinley Improvement Project (CIP 19066) (Account No. 590.00.00.900.8150.45).
4. The City Council authorizes the City Manager to sign and take all necessary steps to effectuate the amendment.
5. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 24th day of January 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
GARY SINGH
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
ATTACHMENT 1
Resolution __ ____
Page PAGE 3 of NUMPAGES 3
ATTACHMENT 1
R20XX-XX Page PAGE 1 of NUMPAGES 2 Type approved date of resolution here