AMENDMENT NO. 1 TO THE IMPROVEMENT AGREEMENT FOR THE WACKERLY SUBDIVISION, TRACT 4048, BETWEEN THE CITY OF MANTECA AND FREESTONE MANTECA, LLC This Amendment No. 1 (Amendment) to the Improvement Agreement for the Wackerly Subdivision, Tract 4048 (C2022-08) (Agreement), between the City of Manteca and Freestone Manteca, LLC, is made and entered into this ______ day of _________________ 2023, by and between the City of Manteca, a public body, corporate and politic (City) and Freestone Manteca, LLC, a California Limited Liability Company (Developer).
RECITALS
On June 15, 2021, the City of Manteca and Freestone Manteca, LLC, entered into an Improvement Agreement for the Wackerly Subdivision, Tract 4048 (C2022-08) with the Estimated Total Cost of Improvements of $1,957,326.80.
The Improvement Agreement for the Wackerly Subdivision, Tract 4048 (C2022-08) 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.
TRANSPORTATION SYSTEM, Table 1: Transportation System P.F.I.P. Reimbursement, did not include extending certain improvements to the west along the frontage of 2050 W. Woodward Avenue. The extended frontage improvements included: street lights, conduit, pull boxes, electrical conductors, an asphalt berm, striping, and an end of sidewalk barricade. During construction of the W. Woodward Avenue frontage improvements for the Wackerly Subdivision, the City requested that the improvements described above be extended along the frontage of 2050 W. Woodward Avenue to the intersection of W. Woodward Ave. and S. Airport Way.
In light of the previous Recitals, the City of Manteca and Freestone Manteca, LLC, desire to amend the Improvement Agreement for the Wackerly Subdivision, Tract 4048 (C2022-08).
NOW THEREFORE, the City of Manteca and Freestone Manteca, 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 Wackerly Subdivision, Tract 4048 (C2022-08) 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. Except as otherwise provided in this Amendment, the Improvement Agreement for the Wackerly Subdivision, Tract 4048 (C2022-08), between the City of Manteca and Freestone Manteca, 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: FREESTONE MANTECA, LLC:
_____________________________ _____________________________ Toni Lundgren, (Signature)
Interim City Manager
_____________________________
(Print Name & Title)
ATTEST: Freestone Manteca, LLC
3200 Danville Blvd., STE 200
Alamo, CA 94507
_____________________________
Cassandra Candini-Tilton,
Director of Legislative Services
APPROVED AS TO FORM:
_____________________________
L. David Nefouse,
City Attorney
Page | 1
ATTACHMENT 2