AMENDMENT NO. 1 TO THE IMPROVEMENT AGREEMENT
FOR DENALI UNIT NO. 3, TRACT 4122, BETWEEN
THE CITY OF MANTECA AND TH DENALI, LLC
This Amendment No. I ("Amendment") to the Improvement Agreement for Denali Unit No. 3 (C2023-l 38), between the City of Manteca and TH Denali, LLC, is made and entered into this __ day of ________ 2025, by and between the City of Manteca, a public body, corporate and politic ("City") and TH Denali, LLC ("Developer").
RECITALS
A. On October 26, 2023, the City and Developer entered into an Improvement Agreement for Denali Unit No. 3, Tract 4122 (C2023-138) (the "Agreement") with an Estimated Total Cost of Improvements of $4,492,891.29.
B. After entering into the Improvement Agreement, there were revisions to the approved improvements that entitled the Developer to credits or reimbursements through the City's Public Facilities Implementation Plan Program.
C. The Agreement does not include SCHEDULE B that identifies credits and reimbursements, nor does it reference Schedule B in the body of the Agreement.
D. Considering the previous Recitals, the City and Developer desire to amend the Agreement to add Schedule B and reference to Schedule B, and provide credits and/or reimbursements to the Developer for installed improvements.
NOW THEREFORE, the City and Developer hereby agree as follows:
I. Add Subsection N to Section I of the Agreement which reads "Developer may receive credits and/or reimbursements for Public Facilities Implementation Plan improvements as specified in Schedule B, attached hereto".
2. Revise Section 18.A of the Agreement to read "The Reference Data, the Recitals, Schedule A and Schedule B are incorporated into, and made a part of, this Agreement".
3. Add Schedule B, as shown in Exhibit A to this Amendment, to the Agreement.
4. In the event of any inconsistencies between this Amendment and the Agreement, the terms of this Amendment shall govern. Except as otherwise provided in this Amendment, all other terms and conditions of the Agreement shall remain unchanged and continue in full force and effect, and the parties hereto reaffirm the terms and conditions of such Agreement.
[signatures on following page]
ATTACHMENT 2
ATTACHMENT 2
SCHEDULE B
Denali Unit No. 3
SECTION I
PUBLIC FACILITIES IMPLEMENTATION PLAN (P.F.I.P.)
A) Developer shall pay or receive credit, as the case may be, for the Public Facilities Implementation Plan fees in existence at the time building permits are issued for those units within the existing Public Facilities Implementation Plan boundaries.
SECTION II
P. F. I. P. CREDITS AND REIMBURSEMENTS
1) TRANSPORTATION SYSTEM
A) City shall reimburse Developer its cost to install portions of the City’s Transportation system, as shown on the improvement plans designated as Unit 3 Improvement Plans for Denali Subdivision, Manteca, California, as approved by the City Engineer and the subsequently approved additions/modifications to said plans. Said reimbursement shall be in the form of credit against P.F.I.P.
Transportation Fees, for an amount up to, but not exceeding, the cost of installing said improvements. The credit will be given when building permits are issued for construction of residences within the Denali Subdivision. In the event the cost of installing said improvements exceeds the credited amount, the remainder shall be reimbursed after the following has occurred:
i) Building permits have been pulled on all available lots. ii) Council accepts said improvements establishing the reimbursement priority (See Section III of this Schedule regarding establishment of reimbursement priorities);
iii) The City receives sufficient P.F.I.P. Transportation System Fee revenue from development occurring within the same P.F.I.P. Transportation Financing Zone to make the reimbursement;
iv) Council approves said reimbursement.
Reimbursement shall be given for the installation of the following P.F.I.P.
Transportation System improvements.
EXHIBIT A
SCHEDULE B
Table 1: Transportation System P.F.I.P. Reimbursement
McKinley Avenue/Woodward Avenue Roundabout
ITEM QUANTITY UNIT UNIT COST TOTAL
5.5" AC/10" AB Pavement 16,906 SF $8.10 $136,938.60
Pavement Striping & Marking 1 LS $36,700.00 $36,700.00
Curb/Gutter 346 LF $40.00 $13,840.00
Median Curb 2,086 LF $43.00 $89,698.00
Sidewalk 4,436 SF $8.55 $37,927.80
Landscape and Irrigation 13,892 SF $17.44 $242,276.48
Stamped Concrete 4,050 SF $13.00 $52,650.00
ADA Ramps 8 EA $2,150.00 $17,200.00
Truck Apron 3,103 SF $38.50 $119,465.50
Truck Apron Curb 237 LF $13.20 $3,128.40
Roadway Excavation 740 CY $10.50 $7,770.00
Fine Grading 44,306 SF $1.25 $55,382.50
Traffic Control 20 DAY $2,100.00 $42,000.00
Erosion Control 1 AC $4,000.00 $4,000.00
Remove Tree 8 EA $1,093.83 $8,750.64
Relocate Fire Hydrant 1 EA $2,500.00 $2,500.00
Reconstruct Survey Monument 1 EA $400.00 $400.00
Raise Manhole to Grade 10 EA $1,278.32 $12,783.20
Raise Water Valve to Grade 5 EA $818.47 $4,092.35
Remove Existing Inlet 1 EA $1,000.00 $1,000.00
McKinley Avenue/Woodward Avenue Roundabout Subtotal $888,503.47 Woodward Turnouts and Widening
ITEM QUANTITY UNIT UNIT COST TOTAL
5.5" AC/10"AB Pavement 264 SF $8.10 $2,138.40
Street Fine Grading 1,811 SF $1.25 $2,263.75
6" Vertical Curb and Gutter 269 LF $40.00 $10,760.00
Bus Turnout 1,413 SF $10.55 $14,907.15
Remove Existing Curb and Gutter 14 LF $14.10 $198.81
Remove Existing Landscape 2,213 SF $2.00 $4,426.00
Replace Existing Landscape 1,226 SF $8.00 $9,808.00
Relocate Existing Irrigation Structures 3 EA $450.00 $1,350.00 Relocate Existing Irrigation Mainline 248 EA $75.00 $18,600.00 Traffic Control 10 DAY $2,100.00 $21,000.00
Street Light Conduit Relocation 1 LS $13,048.20 $13,048.20 Engineering and Surveying 1 LS $12,175.00 $12,175.00
Woodward Turnouts and Widening Subtotal $110,675.31
Total Transportation Facilities System P.F.I.P. Reimbursement $999,178.78
EXHIBIT A
SCHEDULE B
SECTION III
1) REIMBURSEMENT PRIORITY:
A) Reimbursement priority shall be based upon the date of acceptance of the improvements by Council. When reimbursable P.F.I.P. improvements are accepted by Council, the Developer’s name and the amount of the reimbursement will be added to the bottom of the list of reimbursements for the perspective Financing Zone. Developer will progress to the top of the list as each higher prioritized subdivider is reimbursed in full.
B) In the event Subdivider desires to exchange credits for cash reimbursement, the exchange must be approved by Council.
EXHIBIT A