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AMENDMENT NO. 1 TO THE IMPROVEMENT
AGREEMENT FOR DENALI UNIT NO. 2 – OFFSITE
IMPROVEMENTS, BETWEEN THE CITY OF MANTECA
AND TH DENALI, LLC
This Amendment No. 1 (Amendment) to the Improvement Agreement for Denali Unit No. 2 – Offsite Improvements (C2022-96) (Agreement), between the City of Manteca and TH Denali, LLC, is made and entered into this ______ day of January 2023, by and between the City of Manteca, a public body, corporate and politic (City) and TH Denali, LLC, a California Limited Liability Company (Developer).
RECITALS
A. 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).
B. 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).
C. 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.
D. 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.
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E. 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.
F. 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 (refer to Recital C above). Additionally, Table 1 did not include the Landscape Median costs which have now been included.
G. Both the City of Manteca and TH Denali, LLC, desire the City of Manteca to temporarily fund (Recital C above) Relocation of the overhead utility lines at a cost of $731,221.57, Exhibit A (PG&E Customer Payment Coupon), incorporated by reference and attached to this amendment.
H. 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).
NOW THEREFORE, the City of Manteca and TH Denali, LLC, hereby agree as follows:
1. SCHEDULE B, PUBLIC FACILITIES IMPLEMENTATION PLAN (P.F.I.P.), TRANSPORTATION SYSTEM, Table 1.
SCHEDULE B, Transportation System, Table 1, Transportation System P.F.I.P.
Reimbursement, contained in the Improvement Agreement for the Denali Unit No. 2 – Offsite Improvements (C2022-96) is deleted in its entirety and replaced by Exhibit B, SCHEDULE B, Transportation System, Table 1, Transportation System P.F.I.P.
Reimbursement, incorporated by reference and attached to this amendment.
2. Except as otherwise provided in this Amendment, the Improvement Agreement for Denali Unit No. 2 – Offsite Improvements (C2022-96), between the City of Manteca and TH Denali, LLC, shall continue in full force and effect.
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TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Amendment to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA:
Toni Lundgren,
Interim City Manager
ATTEST:
Cassandra Candini-Tilton,
Director of Legislative Services
COUNTERSIGNED:
Jared Hanson,
Acting Director of Finance
COUNTERSIGNED:
Dawn Cortesi,
Interim Director of Human
Resources
APPROVED AS TO FORM:
L. David Nefouse,
City Attorney
TH DENALI, LLC:
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(Print Name & Title)
TH Denali, LLC
3001 Bishop Drive, Ste. 100
San Ramon, CA 94586
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