ATTACHMENT 2
AMENDMENT NO. 1 TO THE IMPROVEMENT AGREEMENT
FOR 320 AIRPORT WAY SUBDIVISION, TRACT 4165, BETWEEN
THE CITY OF MANTECA AND 320 AIRPORT WAY, LLC
This Amendment No. 1 (“Amendment”) to the Improvement Agreement for 320 Airport Way Subdivision (C2025-08), between the City of Manteca and 320 Airport Way, 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 320 Airport Way, LLC (“Developer”).
RECITALS
A. On December 3, 2024, the City of Manteca and 320 Airport Way, LLC, entered into an Improvement Agreement for the 320 Airport Way Subdivision, Tract 4165 (C2025-08) ( “Agreement”) with an Estimated Total Cost of Improvements of $9,691,400.65.
B. The Improvement Agreement for the 320 Airport Way Subdivision, Tract 4165 (C2025-08) included SCHEDULE B, PUBLIC FACILITIES IMPLEMENTATION PLAN (PFIP), that identified Credits and Reimbursements, including SECTION IV, SEWER COLLECTION SYSTEM REIMBURSEMENT.
C. SECTION IV, SEWER COLLECTION SYSTEM REIMBURSEMENT, did not include the increased pipe size needed to accommodate for the City’s required sewer capacity flows for the sewer bypass, did not include night security monitoring, and the included item or work, Sewer Trunk Main Dewatering-Water Quality Treatment, was not installed during construction.
D. In light of the previous Recitals, the City of Manteca and 320 Airport Way, LLC, desire to amend the Improvement Agreement for the 320 Airport Way Subdivision, Tract 4165 (C2025- 08).
NOW THEREFORE, the City of Manteca and 320 Airport Way, LLC hereby agree as follows:
1. SCHEDULE B, contained in the Improvement Agreement for 320 Airport Way Subdivision, Tract 4165 (C2025-08) is deleted in its entirety and replaced by SCHEDULE B, incorporated by reference and attached herewith to this Amendment.
2. Except as otherwise provided in this Amendment, the Improvement Agreement for 320 Airport Way Subdivision, Tract 4165 (C2025-08) between the City of Manteca and 320 Airport Way, LLC, shall continue in full force and effect. [signatures on following page]
ATTACHMENT 2
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: 320 Airport Way, LLC:
Toni Lundgren, (Signature)
City Manager
(Print Name & Title)
ATTEST: 320 Airport Way, LLC
3200 Danville Blvd., Suite 94507
Alamo, CA 94507
Cassandra Candini-Tilton, Director of
Legislative Services
COUNTERSIGNED:
Matthew Boring,
Interim Director of Finance
APPROVED AS TO FORM:
Riana Daniel,
Deputy City Attorney
ATTACHMENT 2
SCHEDULE B
320 AIRPORT WAY SUBDIVISION, TRACT NO. 4165
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.
B) The condition (a) as stated above shall take precedence over all conditions stated in the Development Agreement for 320 AIRPORT WAY SUBDIVISION, and its amendments, should conflict arise.
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 320 AIRPORT WAY SUBDIVISION, Manteca, California, as approved by the City Engineer. 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 320 Airport Way 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.
ATTACHMENT 2
SCHEDULE B
Table 1: Transportation System P.F.I.P. Reimbursement
ITEM QUANTITY UNIT UNIT COST TOTAL
8” Median Curb 1,229 LF $27.00 $33,183.00
7.0” AC over 21” AB Pavement 9,732 SF $8.37 $81,456.84
Traffic Delineation 3,870 LF $5.45 $21,091.50
Landscape w/Irrigation (Median) 10,313 SF $12.50 $128,912.50 Raise Existing Manhole to Grade 1 EA $780.00 $780.00
Subtotal $265,423.84
Mobilization (2%) $5,308.48
Total Transportation Facilities System P.F.I.P. Reimbursement $ 270,732.32 2) WATER DISTRIBUTION SYSTEM
A) City shall reimburse Developer its cost to install portions of the City’s water distribution system, as shown on the improvement plans designated 320 AIRPORT WAY SUBDIVISION , Manteca, California, as approved by the City Engineer. Said reimbursement shall be in the form of credit against P.F.I.P. Water Facilities Development Fees, for an amount up to, but not exceeding, the P.F.I.P. reimbursement amount in the City of Manteca 2013 Public Facilities Implementation Plan Update. The credit will be given when building permits are issued for construction of residences within the 320 Airport Way 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. Water Fee revenue from development occurring within the same P.F.I.P. Water 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. Water Distribution System improvements. The amount of the reimbursement is based on the P.F.I.P. reimbursement amount in the City of Manteca 2013 Public Facilities Implementation Plan Update.
ATTACHMENT 2
SCHEDULE B
Table 2: Water Distribution System, Financing Zone 12 P.F.I.P. Reimbursement
ITEM QUANTITY UNIT UNIT COST TOTAL
12” PVC – Water – Main Grid 1,175 LF $85.75 $100,756.25 Total Water Distribution System P.F.I.P. Reimbursement $100,756.25 3) STORM DRAINAGE SYSTEM
A) City shall reimburse Developer its cost to install portions of the City’s storm drainage system, as shown on the improvement plans designated 320 AIRPORT WAY SUBDIVISION, Manteca, California, as approved by the City Engineer.
Developer shall be readily reimbursed upon completion of the improvements.
Reimbursement shall be given for the installation of the following P.F.I.P. Storm Drainage System Improvements.
ATTACHMENT 2
SCHEDULE B
Table 3: Storm Drainage System, Financing Zone 34 P.F.I.P. Reimbursement
ITEM QUANTITY UNIT UNIT COST TOTAL
Segment 2 - 3'x6' Box Culvert, Transition and Headwall Structures within Drain 5 Mobilization 1 LS $45,000.00 $45,000.00
Clearing Only 0.02 AC $1,000.00 $20.00
Earthwork 78 CY $7.00 $546.00
Fine Grading 1,058 SF $0.45 $476.10
Erosion Control Improvements 1 AC $10,000.00 $10,000.00 Connect to Existing Box Culvert 1 EA $11,400.00 $11,400.00 3'x6' Box Culvert 29 LF $3,190.00 $92,510.00
Box Culvert to RCP Junction Structure 1 EA $84,685.00 $84,685.00 Bypass Pumping for Drain 5 1 LS $25,560.00 $25,560.00
Dewatering 1 LS $49,640.00 $49,640.00
SJC D-19 Inlet Structure 1 EA $19,200.00
Segment 2
Subtotal
$19,200.00
$339,037.10
Soft Costs (12%) $40,684.45
Segment 2 Total $379,721.55
City’s Fair Share of Segment 2 (22.5%) $85,437.35
Segment 3 - 60" Storm Drain and Swale
Clearing Only 0.44 AC $1,000.00 $440.00
Earthwork 1,420 CY $7.00 $9,940.00
Fine Grading 19,098 SF $0.45 $8,594.10
Erosion Control Improvements 0.44 AC $10,000.00 $4,400.00 60" RCP - Storm Drainage 477 LF $410.00 $195,570.00
12" PVC - Storm Drainage 87 LF $89.00 $7,743.00
84" - Storm Drainage Manhole 1 EA $10,400.00 $10,400.00 6" PCC/4" AB (Meandering Path) 4,756 SF $14.12 $67,154.72 Landscape w/ Irrigation 14,217 SF $12.50 $177,712.50
Subtotal $481,954.32
Soft Costs (12%) $57,834.52
Segment 3 Total $539,788.84
City’s Fair Share of Segment 3 (50.0%) $269,894.42
Total Storm Drainage System P.F.I.P. Reimbursement
(City’s Fair Share of Segment 2 + Segment 3) $355,331.77 ATTACHMENT 2
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.
SECTION IV
1) SEWER COLLECTION SYSTEM REIMBURSEMENT
City shall reimburse Developer its cost to install portions of the City’s Sanitary Sewer System, as shown on the Improvement Plans designated as 320 Airport Way Subdivision by NorthStar Engineering Group, Inc., Manteca, California, as approved by the City Engineer. Reimbursement shall be given for the 36” Sanitary Sewer Infrastructure on Airport Way, Center Street and Bearpin Lane. Reimbursement shall be for one hundred percent (100%) of the total cost of said Sanitary Sewer improvements, not to exceed One Million Nine Hundred Sixty-Nine Thousand Three Hundred Ninety-Five Dollars and Fifty-Seven Cents ($1,969,395.57). Said reimbursement shall be in the form of payment from Capital Improvements Project (CIP) #24004, for an amount up to, but not exceeding, the cost of installing said improvements. Reimbursement shall be based on the actual cost to install the improvements and shall be readily paid to the developer upon completion of the improvements.
Sewer Collection System, Financing CIP #24004 Reimbursement
ITEM QUANTITY UNIT UNIT COST TOTAL
Sewer Trunk Main Dewatering 1,672 LF $190.00 $317,680.00 36” PVC - Sanitary Sewer 1,671 LF $615.00 $1,027,665.00 60” Sanitary Sewer Manhole 8 EA $28,540.00 $228,320.00
84” Sanitary Sewer Manhole 2 EA $37,000.00 $74,000.00
Epoxy Coat Sewer Manhole on 36” 12 EA $7,500.00 $90,000.00 Stub and Plug Proposed Sanitary
Sewer Line 1 EA $975.00 $975.00
Additional Sewer Bypass Work 1 LS $55,620.42 $55,620.42 Sewer Bypass Monitoring 1 LS $29,254.00 $29,254.00
Subtotal $1,823,514.42
Soft Costs (8%) $145,881.15
Total Sewer Collection System CIP #24004 Reimbursement $1,969,395.57 ATTACHMENT 2
SCHEDULE B
1) DRAIN 5 REIMBURSEMENT FROM YOSEMITE GREENS SUBDIVISION The Drain 5 improvements, as shown on the improvement plans designated 320 AIRPORT WAY SUBDIVISION, Manteca, California, as approved by the City Engineer, which will be constructed by the Developer lay within the limits of the 320 Airport Way Subdivision and within the limits of the Yosemite Greens Subdivision to the north. The Yosemite Greens Subdivision submitted funds to the City to cover their estimated fair share of the costs of the improvements. Upon completion of the Drain 5 improvements, the City shall reimburse the Developer from the Yosemite Greens’ funds for the fair share amount, based on actual costs.