AMENDMENT NO. 1 TO THE IMPROVEMENT AGREEMENT FOR VILLA TICINO WEST UNIT NO. 1, TRACT 3567, BETWEEN THE CITY OF MANTECA AND JEN CALIFORNIA 23, LLC This Amendment No. 1 (Amendment) to the Improvement Agreement for Villa Ticino West Unit No. 1, Tract 3567 (C2022-63) (Agreement), between the City of Manteca and JEN California 23, LLC, is made and entered into this ______ day of February 2023, by and between the City of Manteca, a public body, corporate and politic (City) and JEN California 23, LLC, a California Limited Liability Company (Developer).
RECITALS
On May 17, 2022, the City of Manteca and JEN California 23, LLC, entered into an Improvement Agreement for Villa Ticino West Unit No. 1, Tract 3567 (C2022-63) with the Estimated Total Cost of Improvements of $8,619,952.51.
The Improvement Agreement for the Villa Ticino West Unit No. 1, Tract 3567 (C2022-63) 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 SEWER COLLECTION SYSTEM, Table 3: Sewer Collection System, Financing Zone 22 P.F.I.P. Reimbursement.
TRANSPORTATION SYSTEM, Table 1: Transportation System P.F.I.P. Reimbursement, did not include the 8” Median Curbs, and SEWER COLLECTION SYSTEM, Table 3: Sewer Collection System, Financing Zone 22 P.F.I.P. Reimbursement, included 36” vitrified clay pipe rather than 36” reinforced concrete T-Lock lined pipe with T-Lock lined manholes. The change from vitrified clay pipe to reinforced concrete T-Lock lined pipe and T-Lock lined manholes was made at the request of the City.
In light of the previous Recitals, the City of Manteca and JEN California 23, LLC, desire to amend the Improvement Agreement for the Villa Ticino West Unit No. 1, Tract 3567 (C2022-63).
NOW THEREFORE, the City of Manteca and JEN California 23, 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 Villa Ticino West Unit No. 1, Tract 3567 (C2022-63) is deleted in its entirety and replaced by Exhibit A, SCHEDULE B, Transportation System, Table 1, Transportation System P.F.I.P. Reimbursement, incorporated by reference and attached to this amendment.
2. SCHEDULE B, PUBLIC FACILITIES IMPLEMENTATION PLAN (P.F.I.P.), SEWER COLLECTION SYSTEM, Table 3.
SCHEDULE B, Sewer Collection System, Table 3, Sewer Collection System, Financing Zone 22 P.F.I.P. Reimbursement, contained in the Improvement Agreement for the Villa Ticino West Unit No. 1, Tract 3567 (C2022-63) is deleted in its entirety and replaced by Exhibit A, SCHEDULE B, Sewer Collection System, Table 3, Sewer Collection System, Financing Zone 22 P.F.I.P. Reimbursement, incorporated by reference and attached to this amendment.
3. Except as otherwise provided in this Amendment, the Improvement Agreement for Villa Ticino West Unit No. 1, Tract 3567 (C2022-63), between the City of Manteca and JEN California 23, LLC, shall continue in full force and effect.
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: JEN CALIFORNIA 23, LLC:
_____________________________ _____________________________ Toni Lundgren, (Signature)
Interim City Manager
_____________________________
(Print Name & Title)
ATTEST: JEN California 23, LLC
508 Gibson Drive, Suite 260
Roseville, CA 95678
_____________________________
Cassandra Candini-Tilton,
Director of Legislative Services
COUNTERSIGNED:
_____________________________
Jared Hansen,
Deputy Director of Finance
COUNTERSIGNED:
_____________________________
Dawn Cortesi,
Interim Director of Human Resources
APPROVED AS TO FORM:
_____________________________
L. David Nefouse,
City Attorney
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