Agenda packet — Modesto City Council, July 22, 2025 (part 2 of 12)

DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A.

FISCAL IMPACT:

The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2024-25.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on May 19, 2025, and the Committee recommended forwarding the item to Council for approval. It must be noted that since the recommendation of the Finance Committee the following additions have been made for the reason noted below.

Under the Community and Economic Development, Human Resources, Police Department, and Public Works sections, new items were added to adjust the budget in Project 101630, Worker’s Compensation Fund 5320, Project 100150, and Project 101668. The language added to Exhibit A is as follows:
 A budget adjustment in the amount of $500,00 is necessary to recognize revenue and increase the expenditures appropriations in the Economic Development/Strategic Plan Fund (1800) Project 101630 - Scannell Annexation project to account for the developer deposit and expenses for time and materials related to the project.  A budget adjustment in the amount of $1,500,000 is necessary in the Worker’s Compensation Fund (5320) to account for additional expenses related to claims payments that came in higher than anticipated in the fiscal year. The increase in budget will come from the Worker’s Compensation reserves.
 A budget adjustment in the amount of $125,000 is necessary to increase the expenditure appropriations in the Special Aviation Fund (4320) Project 101668 - Air Service Feasibility Study to fund the consulting services from SEER World for a Commercial Air feasibility Study for potential Commercial Airline service at Modesto City-County Airport.

As part of the adjustment, the transfer from County Aircraft Tax Fund (4330) to the project will be established as well.
 A budget adjustment in the amount of $57,017 is necessary to move the salary savings in Cost Center 19320- MPD Field Operations Appr Unit A to Fund 1340 to fully fund Project 100150 2002 COPS More Grant that had AFIN Conversion issues. The revenue was received but it was not accurately accounted for at the time of conversion. The project will then be closed and there is sufficient salary savings in the Police Department budget.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending Fiscal Year 2024-25 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
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City Council, July 22, 2025
Monthly Budget Adjustment Report – June 2025

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Approved by:

Stephan Christensen, Office of Performance
Management and Budget Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit A – Budget Adjustments Requiring Council Approval

3. Exhibit B - Staff Approved Budget Adjustments
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07/22/2025/OPMB/SChristensen/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION AMENDING THE FISCAL YEAR 2024-25 ANNUAL

OPERATING AND CAPITAL IMPROVEMENT PROJECT FUND

BUDGETS AND AUTHORIZING THE CITY MANAGER, TO TAKE

THE NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF

THIS RESOLUTION
WHEREAS, a financial analysis has been completed and it has been determined that a budget adjustment is required to the Annual and Capital Improvement Budgets of the City of Modesto for Fiscal Year 2024-25.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2024-25 Annual Operating and Capital Improvement budget as shown in Exhibit A, which is attached hereto and incorporated by reference herein.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #12..
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07/22/2025/OPMB/SChristensen/Item X 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, by Councilmember _________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:
________________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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City Council, July 22, 2025
Monthly Budget Adjustment Report

EXHIBIT A

COMMUNITY AND ECONOMIC DEVELOPMENT
 A budget adjustment of $109,839 is necessary to increase the expenditure budget for activity delivery related to the Vine Street project (101185) housed in Fund 1170. This adjustment will ensure ongoing reporting and communication. Additionally, the adjustment is to also increase the Community Development Block Grant (CDBG) revenue and related transfers related to the project, aligning with, and covering these expenses.
 A budget adjustment in the amount of $500,000 is necessary to recognize revenue and increase the expenditures appropriations in the Economic Development/Strategic Plan Fund (1800) Project 101630 - Scannell Annexation project to account for the developer deposit and expenses for time and materials related to the project.

HUMAN RESOURCES
 A budget adjustment is necessary to recognize $133,183 in unbudgeted revenue in the Dental Insurance Fund, Fund 5350, to reflect actual revenue received, and appropriate the revenue to the Claims Payments account for expenses that came in higher than anticipated.
 A budget adjustment is necessary to recognize $1,133,878 in unbudgeted revenue in the Health Insurance Fund, Fund 5360, to reflect actual revenue received, and appropriate the revenue to the Claims Payments account for expenses that came in higher than anticipated.
 A budget adjustment in the amount of $1,500,000 is necessary in the Worker’s Compensation Fund (5320) to account for additional expenses related to claims payments that came in higher than anticipated in the fiscal year. The increase in budget will come from the Worker’s Compensation reserves.

FIRE DEPARTMENT
 A budget adjustment of $206,370 is necessary to increase the transfer out from the General Fund (0100) to the Grant – Operations Grants Reimbursed Fund (1341) to account for overtime expenses that are ineligible to be reimbursed by the MFD – 2020 Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant. The transfer will be completed as part of the final close-out of the cost center and grant as all activity will be tracked in a new cost center for the MFD – 2023 FEMA SAFER Grant.

MEASURE H
 A budget adjustment is necessary in the amount of $322,209 in the Fiscal Year 2023/2024 Measure H spending plan to re-appropriate revenue in the 23/24 Preventative Maintenance Project 101518 to the 23/24 Deferred Maintenance Project #12..
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City Council, July 22, 2025
Monthly Budget Adjustment Report

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101517 to award a contract with Platinum General Engineering LLC for construction on bathrooms at various City parks. There are sufficient funds available due to the completion of other renovation projects and the overall Measure H spending plan allocation is not changing. The expenditure budget was re-appropriated with City Council Resolution 2025-087, but this resolution did not include the revenue.

MEASURE L – ENGINEERING SERVICES DEPARTMENT
 A budget adjustment is necessary to transfer $336,354 from Fund 1420 – Surface Transportation/Measure L – Senate Bill (SB) 1 Maintenance of Effort (MOE) fund to Project 101042 - Paradise Road Active Transportation Plan in the Capital Grants – Streets CIP Projects Fund (3160) to satisfy the Fiscal Year 2024-2025 MOE for Measure L. In addition, the project discretionary budget is being increased by the same amount.

PARKS NEIGHBORHOODS AND RECREATION
 A budget adjustment in the amount of $1,509,060 to reduce the expenditure budget in the Tuolumne River Regional Park Fund (6710) Project 101425 – ALH Fire Remediation as the insurance proceed have been allocated to other projects and the projects costs are now complete.

POLICE DEPARTMENT
 A budget adjustment in the amount of $57,017 is necessary to move the salary savings in Cost Center 19320- MPD Field Operations Appr Unit A to Fund 1340 to fully fund Project 100150 2002 COPS More Grant that had AFIN Conversion issues. The revenue was received but it was not accurately accounted for at the time of conversion. The project will then be closed and there is sufficient salary savings in the Police Department budget.

PUBLIC WORKS
 A budget adjustment is necessary to establish a transfer from the Surface Transportation Fund – Measure L/SB 1 Maintenance of Effort (MOE) Fund (1420) to the Surface Transportation Fund (1700) in the amount of $1,202,251 to offset transportation operations in the fund and meet the Senate Bill 1 RMRA/Measure L MOE requirement.  A budget adjustment in the amount of $5,605,366 is necessary to move the revenue from the Gas Tax Fund (1730) for the Senate Bill 1 (SB1) Road Maintenance Rehabilitation Account (RMRA) revenue to the newly created Road Maintenance and Rehabilitation – SB1 RMRA Fund (1760). The adjustment will also move the budgeted transfer from Fund 1730 to the Surface Transportation Fund (1700) to Fund 1760 by the same amount. The adjustment is being made to allow for more precise tracking of the SB1 RMRA funds by housing them in a new fund separately rather than in a fund mixed with other Gas Tax Funds.
 A budget adjustment in the amount of $773,200 is needed in the Capital Grants – Streets CIP Projects Fund (3160) for Project 101333 – Install Rectangular Rapid Flashing Beacons (RRFB) at 10 locations. The project recently received an E-76 for #12..
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Monthly Budget Adjustment Report

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construction grant funds from the Department of Transportation (CalTrans) on May 28,2025. The adjustment will recognize the grant revenue and amend the project discretionary expenditure accounts.
 A budget adjustment in the amount of $215,200 is needed in the Capital Grants – Streets CIP Projects Fund (3160) for Project 101361 – Install Rectangular Rapid Flashing Beacons (RRFB) at 3 locations. The project recently received an E-76 for construction grant funds from the Department of Transportation (CalTrans) on May 28,2025. The adjustment will recognize the grant revenue and amend the project discretionary expenditure accounts.
 A budget adjustment in the amount of $1,704,500 is needed in the Capital Grants – Streets CIP Projects Fund (3160) for Project 101362 – Install Signal Heads at 70 Intersections. The project recently received an E-76 for construction grant funds from the Department of Transportation (CalTrans) on May 28,2025. The adjustment will recognize the grant revenue and amend the project discretionary expenditure accounts.  A budget adjustment in the amount of $125,000 is necessary to increase the expenditure appropriations in the Special Aviation Fund (4320) Project 101668 - Air Service Feasibility Study to fund the consulting services from SEER World for a Commercial Air feasibility Study for potential Commercial Airline service at Modesto City-County Airport.

As part of the adjustment, the transfer from County Aircraft Tax Fund (4330) to the project will be established as well.
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Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget Adj EXHIBIT B For FY2024/25
AT #
Approved
by CM,
Director
OPMB or DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-142 OPMB Dir 0100 General Fund 33340 - Airport Neighborhood Comm Center Repair & Maintenance - Vandalism Exp $ 10,000 $ (10,000) $ - AT-142 OPMB Dir 0100 General Fund 33340 - Airport Neighborhood Comm Center Repair & Maintenance - Real Property Exp $ 5,000 $ (5,000) $ - AT-142 OPMB Dir 0100 General Fund 33040 - Boy Scout Clubhouse Repair & Maintenance Exp $ 5,000 $ 15,000 $ 20,000 AT-145 DD 0100 General Fund CED - Building Safety Budget Only - Salary Adjustment - Decrease Exp $ - $ (45,500) $ (45,500) AT-145 DD 0100 General Fund CED - Building Safety Budget Only - Benefit adjustment - Decrease Exp $ - $ (19,500) $ (19,500) AT-145 DD 0100 General Fund CED - Building Safety Legal Services Exp $ - $ 35,000 $ 35,000 AT-145 DD 0100 General Fund CED - Building Safety Temporary Employee Services Exp $ - $ 30,000 $ 30,000 AT-148 OPMB Dir 0100 General Fund 33030 - Recreation Operations Repair and Maintenance - Real Property EXP $ 24,000 $ (24,000) $ - AT-148 OPMB Dir 0100 General Fund 33030 - Recreation Operations 73130 - Transfer Out TO $ - $ 24,000 $ 24,000 AT-149 OPMB Dir 0100 General Fund 33030 - Recreation Operations 57020 - Non-CIP Capital Exp $ 10,000 $ (10,000) $ - AT-149 OPMB Dir 0100 General Fund 33030 - Recreation Operations 71380 - Transfer Out TO $ - $ 10,000 $ 10,000 AT-150 OPMB Dir 0100 General Fund 31005 - Mary Grogan Soccer Complex 54501 - Services City Forces - Intrafund Exp $ 149,065 $ (65,000) $ 84,065 AT-150 OPMB Dir 0100 General Fund 31005 - Mary Grogan Soccer Complex 51040 - PT Salary Wages Exp $ 136,548 $ 65,000 $ 201,548 AT-153 DD 0100 General Fund 14410 - CED - Planning Budget Only - Salary Adjustment - Decrease Exp $ (192,409) $ (20,300) $ (212,709) AT-153 DD 0100 General Fund 14410 - CED - Planning Budget Only - Benefit Adjustment - Decrease Exp $ (82,461) $ (8,700) $ (91,161) AT-153 DD 0100 General Fund 14110 - CED - Administration Budget Only - Salary Adjustment - Decrease Exp $ - $ (25,200) $ (25,200) AT-153 DD 0100 General Fund 14110 - CED - Administration Budget Only - Benefit Adjustment - Decrease Exp $ - $ (10,800) $ (10,800) AT-153 DD 0100 General Fund 14110 - CED - Administration Services City Forces - Interfund Exp $ 110,358 $ (105,000) $ 5,358 AT-153 DD 0100 General Fund 14410 - CED - Planning Professional Services Exp $ 38,400 $ 170,000 $ 208,400 Total Changes for Fund 0100 $ 213,501 $ - $ 213,501
AT-143 OPMB Dir 1341 Grants - Operation Grants
Reimbursed HD39 Advertising Exp $ 4,758 $ (2,742) $ 2,016 AT-143 OPMB Dir 1341 Grants - Operation Grants
Reimbursed HD39 Professional Services Exp $ 37,800 $ 5,313 $ 43,113 AT-143 OPMB Dir 1341 Grants - Operation Grants
Reimbursed HD39 Svcs City Forces Exp $ 7,442 $ (2,571) $ 4,871 AT-144 CM 1341 Grants - Operation Grants
Reimbursed TCU20 Intergov-State/CalRecycle Rev $ 37,325 $ 37,325 AT-144 CM 1341 Grants - Operation Grants
Reimbursed TCU20 AUC - Professional Services Exp $ 18,750 $ 18,750 AT-144 CM 1341 Grants - Operation Grants
Reimbursed TCU20 AUC - Svcs City Forces - Interfund Exp $ 18,575 $ 18,575 AT-152 CM 1341 Grants - Operation Grants
Reimbursed 101664 - TEA32 Intergov - State/CalRecycle Rev $ - $ 30,853 $ 30,853 This budget adjustment will transfer unused Repair and Maintenance budgets (53110, 53150) from the Airport Neighborhood Community Center Cost Center 33340 to fund repairs to the Boy Scout Club House rental facility housed in Guest Services Cost Center 33040.

A budget adjustment in the amount of $170,000 is necessary to reallocate budget between the same fund and department. The adjustment is necessary due to contract obligations due to staffing changes.

Project 101443 is for HD39 which is a grant from CalRecycle to provide education and disposal events for household hazardous waste to our residents. CalRecycle approved a budget adjustment for the allocation of these expenses. This adjustment will align our City budget with the approved CalRecycle budget.\
The City of Modesto received grant funding from CalRecycle for tire cleanup throughout the City. This grant will provide funding for staff time collecting tires that have been illegally dumped in the public right-of-way and disposal of tires through a licensed recycler.

A budget adjustment is necessary in the amount of $65,000 to utilize salary savings to pay for underbudgeted Legal Services and Temporary Employee Services.

A budget adjustment is necessary in the amount of $24,000. The reduction of $24,000 of repair and maintenance - real property in cost center 33030 will be used to increase the expenditure budget in the Non-Capital Project via the transfer of funds from the General Fund to fund 3130 (Parks Fund) in the same amount. This project will consolidate storage to one location, improving equipment availability, reduce staff time and travel, and increase employee safety.

The Culture Commission has a budget of $10,000 to spend during FY24-25. The Commission will be using the funds for a 150th Commemoration mural that will not be completed by the end of the fiscal year. The reduction of $10,000 of Non-CIP Capital in cost center 33030 will be used to increase the expenditure budget in the Non-Capital Project - Arts in Public Places Task 10395 via the transfer of funds from the General Fund to Fund 1380 (Non-Capital Parks Fund) in the same amount.

The Mary Grogan Soccer Complex cost center (31005) utilizes staff from the Park Operations Division via DCA. This budget adjustment will move 65,000 of PT staffing funds from 54501 to 51040 to accommodate Park Operations PT staff that were directly hired into the cost center.

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Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget Adj EXHIBIT B For FY2024/25
AT #
Approved
by CM,
Director
OPMB or DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-152 CM 1341 Grants - Operation Grants
Reimbursed 101664 - TEA32 AUC - Advertising Exp $ - $ 200 $ 200 AT-152 CM 1341 Grants - Operation Grants
Reimbursed 101664 - TEA32 AUC - Svcs City Forces Exp $ - $ 20,180 $ 20,180 AT-152 CM 1341 Grants - Operation Grants
Reimbursed 101664 - TEA32 AuC - Business Expenses Exp $ - $ 9,573 $ 9,573 AT-152 CM 1341 Grants - Operation Grants
Reimbursed 101664 - TEA32 AUC - Cell Phones Exp $ - $ 900 $ 900 Total Changes for Fund 1341 $ 50,000 $ 136,356 $ 186,356 AT-149 OPMB Dir 1380 Non-Capital Parks Fund 100880 - Parks Fund Development Project 10395 - Arts In Public Places Task TI $ 23,500 $ 10,000 $ 33,500 AT-149 OPMB Dir 1380 Non-Capital Parks Fund 100880 - Parks Fund Development Project Arts in Public Places - 10395 Exp $ 23,500 $ 10,000 $ 33,500 AT-151 OPMB Dir 1380 Non-Capital Parks Fund 101590 - Historical Properties Donations 47031 - Miscellaneous Donations/Contributions Rev $ 5,518 $ 1,274 $ 6,792
AT-151 OPMB Dir 1380 Non-Capital Parks Fund 101590 - Historical Properties Donations Au C - McHenry Mansion Exp $ - $ 90 $ 90 AT-151 OPMB Dir 1380 Non-Capital Parks Fund 101590 - Historical Properties Donations Au C - McHenry Museum Exp $ 5,518 $ 1,274 $ 6,792 AT-158 OPMB Dir 1380 Non-Capital Parks Fund 101479 - Historical Property Improvements 47031 - Miscellaneous Donations/Contributions Rev $ - $ 8,425 $ 8,425
AT-158 OPMB Dir 1380 Non-Capital Parks Fund 101479 - Historical Property Improvements AUC-Janet Lancaster Exp $ - $ 8,425 $ 8,425 Total Changes for Fund 1380 $ 58,036 $ 39,488 $ 97,524
AT-147 CM 1800 Economic Development/Strategic
Plan Fund 101598 - Martin Project CS-CD-Time and Materials Fee Rev $ 10,000 $ 30,000 $ 40,000 AT-147 CM 1800 Economic Development/Strategic
Plan Fund 101598 - Martin Project AuC - Svcs City Forces - Interfund Exp $ - $ 12,000 $ 12,000 AT-147 CM 1800 Economic Development/Strategic
Plan Fund 101598 - Martin Project AuC - Professional Services Exp $ 10,000 $ 18,000 $ 28,000 Total Changes for Fund 1800 $ 20,000 $ 60,000 $ 80,000
AT-148 OPMB Dir 3130 Parks Fund 101389 - Enslen Park Improvements 60100 - Transfer In TI $ 48,000 $ 24,000 $ 72,000 AT-148 OPMB Dir 3130 Parks Fund 101389 - Enslen Park Improvements AuC - Business Expenses EXP $ 48,000 $ 24,000 $ 72,000 Total Changes for Fund 3130 $ 96,000 $ 48,000 $ 144,000 AT-140 CM 3160 Capital Grants - Streets CIP
Projects 101653 - Claus and Sylvan Fiber Drop 42110 - Intergov - State -CA. Dept of Transportation Rev $ - $ 39,600 $ 39,600 AT-140 CM 3160 Capital Grants - Streets CIP
Projects 101653 - Claus and Sylvan Fiber Drop AUC-EDA - Svcs City Forces - Interfund Exp $ - $ 39,600 $ 39,600 AT-154 OPMB Dir 3160 Capital Grants - Streets CIP
Projects 101572 - HAWK 16th at H and I Construction Exp $ 425,000 $ (40,000) $ 385,000 AT-154 OPMB Dir 3160 Capital Grants - Streets CIP
Projects 101572 - HAWK 16th at H and I City Construction Forces Exp $ 75,000 $ 40,000 $ 115,000 Total Changes for Fund 3160 $ 500,000 $ 79,200 $ 579,200 AT-141 CM 3255 Tivoli CFD CED - Tivoli Annexation, Formation and Annual Maintenance Professional Services Exp $ - $ 3,500 $ 3,500 AT-141 CM 3255 Tivoli CFD CED - Tivoli Annexation, Formation and Annual Maintenance Legal Services Exp $ - $ 2,500 $ 2,500 AT-141 CM 3255 Tivoli CFD CED - Tivoli Annexation, Formation and Annual Maintenance Services City Forces - Interfund Exp $ - $ 3,500 $ 3,500 Total Changes for Fund 3255 $ - $ 9,500 $ 9,500
A budget adjustment of $30,000 is necessary to reclassify available time and materials budget from staff time to professional services to account for legal expenditures related to the Martin Project.

A budget adjustment of $9,500 is necessary to recognize developer deposits received and establish budget for Tivoli Annexation #1.

A budget adjustment is necessary to move funds from the Construction task to the City Construction Forces task within Project 101572. This project is complete and only anticipating minimal expenses and the adjustment is needed to clean-up the negative task. There are sufficient funds in the construction task to move.

A budget adjustment is necessary to establish the EDA for Project 101563 - Claus and Sylvan Fiber Drop. The Department of Transportation recently awarded funds for EDA on 3/11/2025 in the amount of $39,600. The grant funds require no local match as toll credits are being utilized in lieu of non- federal match.

This budget adjustment will recognize recent donations to the Historical Properties Improvements project 101479 of $8,425 for the Janet Lancaster History Center. It will also create a new Task named Janet Lancaster to identify those funds.

A budget adjustment is necessary to recognize recent donations to the Historical Properties donations project in the amount of $1,274.

The City of Modesto received grant funding from CalRecycle for tire cleanup throughout the City. This grant will provide funding for staff time collecting tires that have been illegally dumped in the public right-of-way and disposal of tires through a licensed recycler.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: June 6, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Annexation #1 to City of Modesto Community Facilities District No. 2024-1 (Tivoli) CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Consider approving Annexation Map #1 to the City of Modesto Community Facilities District No. 2024-1 (Tivoli) and authorizing the levy of special tax on the property located within the annexation map. (Funding Source: Developer Deposit)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2025-2026 Strategic Plan, Goal D:

Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

In 1982, the Mello-Roos Community Facilities Act of 19821 (Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners.

The Tivoli Specific Plan approved by City Council in 2008 by Ordinance No. 3479-C.S., is a 454-acre area bounded by the planned Claratina Avenue on the north, Oakdale Road on the west, Sylvan Avenue on the south, and Roselle Avenue on the east.

On August 13, 2024, by Resolution No. 2024-279, the Council approved the Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish improvement area No. 1, designate a future annexation area and authorize the levy of a special tax within said Community Facilities District. The City Council also approved a Resolution to Incur Debt by Resolution No. 2024-280. It is the sole discretion of CFD No. 2024-1 as to if and when Bonds will be issued.
1 Mello Roos Act of 1982 5533-55368
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Annexation #1 to City of Modesto Community Facilities District No. 2024-1 (Tivoli)

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On September 24, 2024, by Resolution No. 2024-354, the Council approved the formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli) (“CFD No. 2024-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 and conditionally authorized staff to levy special taxes therein and conditionally establishing annual appropriations limits.

As properties within the CFD proceed with development, it may be determined that there is a need for the issuance of bonds to pay for the required facilities. If bonds are required, documents relating to the issuance and sale of the bonds will be brought to the Council for approval. The proposed maximum CFD bond authorization is $120 million, and this serves as a “not to exceed” bond amount for the CFD and is based on the cost of financing the associated facilities. The maximum Annual Facilities Special Tax includes a buffer to prevent the possible authorization of bonds from limiting the capacity of the CFD to pay for ongoing services. The CFD is a separate legal entity and the land within the CFD secures the bonds, and any sale of CFD bonds will not impact the City’s bonding capacity.

DISCUSSION:

KB Home North Bay LLC and Arcadia Development Co. owners of approximately 29.3 acres (APNs 083-004-090 and 083-004-091), filed a completed application package on March 3, 2025 requesting that the properties be annexed into CFD No. 2024-1. The Properties are shown in the proposed annexation map related to Annexation No. 1 to CFD No. 2024-1. During the formation of the CFD, both parcels were included in the designated future annexation area which allows for the properties to annex into the CFD with only the unanimous approval of the annexing property owner pursuant to the provisions of section 53328.1 of the Act. Annexation #1 will be developed in two phases. Phase 1 will be comprised of 18.7 acres with seventy-one (71) single-family lots. Phase 2 will include 10.6 acres with seventy (70) single-family lots. The proposed annexation map is provided as Attachment 4.

The owners submitted the required Unanimous Approval of Annexation form needed to annex into the CFD from a designated future annexation area. The Unanimous Approval for Annexation requests the City execute and record a notice of special tax lien, pertaining to the Properties, and record it within the official records of the County Recorder. This form will also authorize the incurrence of bonded indebtedness for the annexing parcels.

FISCAL IMPACT:

The Rate and Method of Apportionment (RMA) that identifies the maximum special tax rates as well as how special taxes calculated and collected for the Parcels participating in improvement area 1 of CFD No. 2024-1, as Attachment 3.

KB Homes North Bay LLC is requesting to be part of CFD No. 2024-1 and will be levied special taxes based on the rates outlined in the RMA. Both parcels included in Annexation #1 will fall under the Low Density Residential Special Tax Category which is defined as property that is developed, or expected to be developed, at an average density range of 4 to 6 dwelling units per gross acre. The maximum special tax rates for CFD No. 2024-1 are as follows:
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City Council, July 22, 2025
Annexation #1 to City of Modesto Community Facilities District No. 2024-1 (Tivoli)

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Maximum Special Tax Rates Fiscal Year 2025-26
Special Tax
Category
Maximum One-Time
Facilities Special Tax
Fiscal Year 2025-26
Maximum Annual Facilities
Special Tax
Fiscal Year 2025-26
Maximum Annual
Maintenance
Special Tax
Fiscal Year 2025-26
Very Low Density
Residential
$104,000 per Net Taxable
Acre
$5,838.48 per Net Taxable
Acre
$5,372.64 per Net Taxable
Acre
Low Density
Residential
$104,000 per Net Taxable
Acre
$10,465.20 per Net Taxable
Acre
$5,372.64 per Net Taxable
Acre
Medium Density
Residential
$104,000 per Net Taxable
Acre
$13,999.50 per Net Taxable
Acre
$5,372.64 per Net Taxable
Acre
Medium High Density
Residential
$104,000 per Net Taxable
Acre
$13,348.74 per Net Taxable
Acre
$5,372.64 per Net Taxable
Acre
Non-Residential $104,000 per Net Taxable
Acre
$7,522.50 per Net Taxable
Acre
$5,372.64 per Net Taxable
Acre
On July 1, 2025, and on each July 1 thereafter, all figures shown in the table above shall be increased by the annual Escalation Factor, except the Annual Facilities Special Tax, which shall be increased by two percent (2.0%) per year. In any Fiscal Year, the annual Escalation Factor will be the greater of either, the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or four percent (4.0%).

COMMITTEE RECOMMENDATION:

Annexation Map #1 to the City of Modesto CFD No. 2024-1 (Tivoli) was presented to the Economic Development Committee on June 2, 2025, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Annexation #1 to City of Modesto Community Facilities District No. 2024-1 (Tivoli) and authorizing the levy of the special tax on the property located within the annexation map.

Approved by:

Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
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City Council, July 22, 2025
Annexation #1 to City of Modesto Community Facilities District No. 2024-1 (Tivoli)

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Attachments:

1. Resolution

2. List of Facilities and Services

3. Rate and Method of Apportionment

4. Proposed Annexation Map #1 for CFD No. 2024-1 (Tivoli)

5. Levine Act Disclosure

6. Exhibit B
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07/2/2025/CED/EGarcia/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025- XXX
RESOLUTION APPROVING ANNEXATION #1 TO CITY OF
MODESTO COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI) AND AUTHORIZING THE LEVY OF THE SPECIAL

TAX ON THE PROPERTY LOCATED WITHIN THE

ANNEXATION MAP
WHEREAS, the Tivoli Specific Plan was approved by City Council in 2008 by Ordinance No. 3479-C.S, as a 454-acre site bounded by the planned Claratina Avenue on the north, Oakdale Road on the west, Sylvan Avenue on the south, and Roselle Avenue on the east; and
WHEREAS, on August 13, 2024, by Resolution No. 2024-279, the City Council declared the Resolution of Intention to Form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish improvement area No. 1, designate a future annexation area and authorize the levy of a special tax. The formation map was recorded on August 16, 2024; and
WHEREAS, on August 13, 2024, the City Council also approved a Resolution to Incur Debt by Resolution No. 2024-280, for CFD No. 2024-1 (Tivoli) to determine if Bonds will be issued to pay for the facilities required for the CFD; and WHEREAS, on September 24, 2024, by Resolution No. 2024-354, the City Council approved the formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli) (“CFD No. 2024-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 and conditionally authorized staff to levy special taxes therein and conditionally establishing annual appropriations limits; and #13..
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WHEREAS, on March 3, 2025, KB Homes North Bay LLC filed a completed application package requesting that certain parcels by annexed into CFD No. 2024-1 (Tivoli); and
WHEREAS, annexation #1 will consist of APNs 083-004-090 and 083-004-091, totaling approximately 29.3 acres. These parcels are within the future annexation area as demonstrated in the initial formation boundary map; and WHEREAS, because these parcels to be annexed were included in those designated for future annexation to CFD No. 2024-1 (Tivoli) at the time of initial formation, the parcel can be annexed with the unanimous approval of the owners pursuant to the provisions of section 53328.1 of the Mello-Roos Community Facilities Act of 1982; and
WHEREAS, a map entitled “Boundary of Proposed Annexation#1 to the City of Modesto Community Facilities District No 2024-1, City of Modesto, County of Stanislaus, State of California” (Annexation Map No. 1), showing the boundary of the Subject Property, has been filed with the City Clerk of the City of Modesto and a copy thereof presented to City Council at the July 22, 2025 meeting; and WHEREAS, pursuant to Section 5339.8 of the Mell-Roos Act, the Unanimous Approval Forms request that the City execute and record a notice of special tax lien and authorizes the incurrence of bonded indebtedness pertaining to the Subject Property in the official records of the County Recorder; and
WHEREAS, annexation #1 to CFD No. 2024-1 (Tivoli) was presented to the Economic Development Committee on June 2, 2025, and was recommended to forward to Council for approval; and
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WHEREAS, the City Council wished by this resolution to approve and direct the recordation of Annexation Map No.1, and to direct as soon as practicable following the recordation of Annexation Map No. 1, the preparation, execution and recordation of the Notice of Special Tax Lien, with provision to cross- reference the recorded Annexation Map No.1.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby finds and determines as follows:

1. The above recitals are true and correct.

2. The City Council hereby approves Annexation Map No. 1 and authorizes and directs the City Clerk to cause the execution and recordation thereof in the official records of the County Recorder in accordance with the provisions of Section 3113 of the California Streets and Highways Code.

3. This City Council hereby levies the Special Tax on the property located within Annexation Map No. 1 and directs the City Clerk, following the recordation of Annexation Map No. 1, to cause the preparation, execution and recordation of the Notice in the official records of the County Recorder in accordance with the provisions of Section 53339.8 and Streets and Highways Code section 3114.5(b). Upon recordation of the Notice, the Subject Property shall be subject to the levy of the special tax of CFD No. 2024-1 in accordance with the rate and method of apportionment of special tax for said CFD No. 2024-1, as approved by the Resolution of Formation and attached thereto as Exhibit B thereof.

4. This resolution shall take effect immediately upon its adoption. #13..
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07/2/2025/CED/EGarcia/Item X 4 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember ____________, who moved its adoption, which motion being duly seconded by Councilmember ___________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City
Clerk
APPROVED AS TO FORM:

By:

JOSE M. SANCHEZ, City Attorney
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EXHIBIT B
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Tivoli CFD No. 2024-1, IA No. 1 1 May 31, 2024
IMPROVEMENT AREA NO. 1 OF THE

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor’s Parcel in Improvement Area No. 1 of the City of Modesto Community Facilities District No. 2024-1 (Tivoli) shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in Improvement Area No. 1, unless exempted by law or by the provisions of Section H below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed into Improvement Area No. 1 unless a separate Rate and Method of Apportionment is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other Development Plan.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the City in carrying out its duties with respect to Improvement Area No. 1, the CFD and the Bonds, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, amounts needed to pay rebate to the federal government with respect to Bonds, costs associated with complying with continuing disclosure requirements for the City and any major property owners or other obligated parties, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of Improvement Area No. 1 and the CFD. “Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to this RMA.
“Annual Facilities Special Tax” means a special tax levied in any Fiscal Year to pay the Annual Facilities Special Tax Requirement, as defined below.
“Annual Facilities Special Tax Requirement” means the amount necessary in any Fiscal Year to: (i) pay principal and interest on Bonds that are due in the calendar year that begins in such #13..
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Tivoli CFD No. 2024-1, IA No. 1 2 May 31, 2024
Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support, and rebate payments on the Bonds; (iii) replenish reserve funds created for the Bonds under the Indenture to the extent such replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year; (iv) cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year; (v) pay Administrative Expenses; and (vi) pay directly for Authorized Facilities and Authorized Services, so long as such levy under this clause (vi) does not increase the Special Tax levied on Undeveloped Property. The amounts referred to in clauses (i) and (ii) of the definition of Special Tax Requirement may be reduced in any Fiscal Year by: (a) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against such costs pursuant to the Indenture; (b) in the sole and absolute discretion of the City, proceeds received from the collection of penalties associated with delinquent Special Taxes; and (c) any other revenues available to pay such costs, each as determined in the sole discretion of the City.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Annual Maintenance Special Tax Requirement, as defined below. “Annual Maintenance Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) establishment of reserves, (iii) Administrative Expenses, and (iv) amounts needed to cure any delinquencies in the payment of Annual Maintenance Special Taxes which have occurred in prior Fiscal Years. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, secured by the Annual Facilities Special Tax and issued or assumed by the CFD to fund Authorized Facilities.
“Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof. “Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.
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Tivoli CFD No. 2024-1, IA No. 1 3 May 31, 2024
“Certificate of Occupancy” means the first certificate, including any temporary certificate of occupancy, issued by the City to confirm that a building or a portion of a building has met all of the building codes and can be occupied for residential and/or non-residential use. “CFD” means the City of Modesto Community Facilities District No. 2024-1 (Tivoli). “CFD Formation” means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of the CFD.
“County” means the County of Stanislaus.
“Density Category” means, individually, Very Low Density Residential Property, Low Density Residential Property, Medium Density Residential Property, or Medium High Density Residential Property.
“Developed Property” means, in any Fiscal Year, the following:

For purposes of levying the Annual Maintenance Special Tax and Annual Facilities Special Tax:
• for Single Family Detached Property, all Parcels for which a Final Map was recorded prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; • for Multi-Family Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; and • for Non-Residential Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023.

For purposes of levying the One-Time Facilities Special Tax, all Parcels for which a Certificate of Occupancy was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023.
“Development Class” means, individually, Developed Property, Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public Property. “Escalation Factor” means, in any Fiscal Year, the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). “Expected Land Uses” means the Net Taxable Acreage of each Land Use Class expected on an Original Parcel based on reference to the Land Use Diagram and Attachment 2 hereto, the latter of which will be updated with each annexation of property into Improvement Area No. 1. #13..
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Tivoli CFD No. 2024-1, IA No. 1 4 May 31, 2024
“Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates SFD Lots.

The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create SFD Lots, including Assessor’s Parcels that are designated as remainder parcels.
“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Annual Facilities Special Taxes levied and collected from Parcels of Taxable Property in Improvement Area No. 1.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Future Annexation Area” means that geographic area that, at the time of CFD Formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded CFD boundary map. Such designation does not mean that any or all of the Future Annexation Area will annex into the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined annexation procedures provided in the Act.
“Improvement Area No. 1” means Improvement Area No. 1 of the CFD. “Indenture” means an indenture, fiscal agent agreement, or other agreement authorizing issuance of the Bonds.
“Land Use Class” means one of the five mutually-exclusive land use classes identified in Table 1 and Table 2 in Section C below. The City shall, in its sole discretion, determine the appropriate Land Use Class for a Parcel of Taxable Property.
“Land Use Diagram” means the exhibit in the Tivoli Specific Plan entitled “Tivoli Specific Plan Land Use Diagram”, as may be amended from time to time. The Land Use Diagram at CFD Formation is included as Attachment 1 hereto.
“Low Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 4 to 6 dwelling units per gross acre.

Such Parcels are identified by an LDR designation in the Land Use Diagram. “Maximum Annual Facilities Special Tax” means the greatest amount of Annual Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Annual Facilities Special Tax Revenues” means the aggregate amount that could be generated at any point in time if the Maximum Annual Facilities Special Tax was levied and collected on all Parcels of Taxable Property in Improvement Area No. 1. “Maximum Annual Maintenance Special Tax” means the greatest amount of Annual Maintenance Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
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Tivoli CFD No. 2024-1, IA No. 1 5 May 31, 2024
“Maximum One-Time Facilities Special Tax” means the greatest amount of One-Time Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Special Taxes” means, collectively for any Parcel, the Maximum One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax.
“Medium Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 7 to 17 dwelling units per gross acre. Such Parcels are identified by an MDR designation in the Land Use Diagram. “Medium High Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 18 to 24 dwelling units per gross acre. Such Parcels are identified by an MDHR designation in the Land Use Diagram. For purposes of this RMA, Medium High Density Residential Property shall also include any property that is zoned at an average density range higher than 18 to 24 dwelling units per acre, regardless of the designation that is assigned to such Parcel(s).
“Multi-Family Property” means all Parcels of Developed Property for which Building Permits have been issued for construction of a residential structure consisting of two or more residential units that share common walls, including but not limited to, townhomes, condominiums, duplexes, triplexes, fourplexes, and apartment units. If a Building Permit has not yet been issued on the Parcel, the Administrator shall reference the Tivoli Specific Plan and/or the Parcel’s zoning designation to determine whether the Parcel is Multi-Family Property. “Net Taxable Acreage” or “Net Taxable Acre” means the total acreage within a Final Map or Parcel less arterial road right-of-ways and property that is defined in the Final Map for use as a park site, school site, or City-owned storm drainage basin. If a Subdivision Map is recorded which is not a Final Map for some or all Parcels created by the subdivision, the Administrator shall calculate the Net Taxable Acreage of such unsubdivided Parcels by identifying the Acreage of the Parcel and (i) adding a portion of the acreage of any non-arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way, and (ii) subtracting a portion of the acreage of any arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way. The Net Taxable Acreage of a Parcel or Final Map shall be determined in the sole discretion of the City.
“Non-Residential Property” means any Parcel of Taxable Property in the CFD that does not fit within the definition of Residential Property, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property, as determined by the Administrator. “One-Time Facilities Special Tax” means a Special Tax levied and collected in full by the City prior to issuance of a Certificate of Occupancy for a Parcel of Taxable Property. “Original Parcel” means an Assessor’s Parcel in Improvement Area No. 1 at the time of CFD Formation, or added to Improvement Area No. 1 upon annexation, as identified in Attachment 3 (which shall be updated after each annexation). A Successor Parcel that is being further subdivided shall also be considered an Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.
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Tivoli CFD No. 2024-1, IA No. 1 6 May 31, 2024
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within Improvement Area No. 1.
“Owners Association Property” means any property within the boundaries of Improvement Area No. 1 that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure. “Per-Acre Special Taxes” means the per-acre Special Taxes identified in Table 1 and Table 2 in Section C below.
“Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class. “Public Property” means any property within the boundaries of Improvement Area No. 1 that is owned by the federal government, State of California, County, City, or other public agency. “RMA” means this Rate and Method of Apportionment of Special Taxes. “Required Coverage” means the amount by which the Maximum Annual Facilities Special Tax Revenues must exceed the Bond debt service and priority Administrative Expenses (if any), as set forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document that sets forth the minimum required debt service coverage. “Residential Property” in any Fiscal Year means, collectively, all Very Low Density Residential Property, Low Density Residential Property, Medium Density Residential Property, and Medium High Density Residential Property.
“SFD Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map.
“SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling unit.
“Special Taxes” means, collectively, the One-Time Facilities Special Tax, the Annual Facilities Special Tax, and the Annual Maintenance Special Tax.
“Special Tax Category” means, individually, the One-Time Facilities Special Tax, the Annual Facilities Special Tax, and the Annual Maintenance Special Tax.

“Subdivision Map” means a Final Map, large lot subdivision map, or other map recorded with the County that results in the subdivision of an Original Parcel into two or more Successor Parcels. #13..
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Tivoli CFD No. 2024-1, IA No. 1 7 May 31, 2024
“Successor Parcel” means an Assessor’s Parcel of Taxable Property created by the subdivision or reconfiguration of an Original Parcel on which construction of a residential or non-residential structure is permitted.
“Taxable Owners Association Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of Owners Association Property that satisfies all three of the following conditions: (i) the Parcel had not been Owners Association Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Owners Association Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it is Owners Association Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Taxable Property” means all of the Assessor’s Parcels within the boundaries of Improvement Area No. 1 that are not exempt from the Special Taxes pursuant to law or Section H below. “Taxable Public Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Public Property that satisfies all three of the following conditions: (i) the Parcel had not been Public Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Public Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it is Public Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.
“Taxable Welfare Exemption Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Welfare Exemption Property that satisfies all three of the following conditions: (i) the Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it has become Welfare Exemption Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto.
“Tivoli Specific Plan” means the specific plan for development within the Tivoli project that was originally adopted by the City Council on February 26, 2008, further updated on September 27, 2016, and as may be amended from time to time.
“Transition Event” shall be deemed to have occurred when the Administrator determines that the following events have occurred: (i) all Bonds secured by the levy and collection of Facilities Special Taxes in the CFD have been fully repaid; (ii) all Administrative Expenses from prior Fiscal Years have been paid or reimbursed to the City; and (iii) there are no other Authorized Facilities that the City intends to fund with Bonds or Facilities Special Taxes. “Transition Year” means the first Fiscal Year in which the Administrator determines that the Transition Event occurred in the prior Fiscal Year.
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Tivoli CFD No. 2024-1, IA No. 1 8 May 31, 2024
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Developed Property, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property as defined herein.
“Very Low Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed as large lot, rural-oriented estate homes with an average density range of 1 to 3 dwelling units per acre. Such Parcels are identified by a VLDR designation in the Land Use Diagram.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels in Improvement Area No. 1 that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

B. DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property in Improvement Area No. 1. The Administrator shall also: (i) assign each Parcel of Taxable Property to the appropriate Development Class; (ii) categorize each Parcel of Residential Property into the appropriate Density Category; (iii) determine the Net Taxable Acreage of each Parcel; (iv) determine the Annual Facilities Special Tax Requirement and Annual Maintenance Special Tax Requirement, and (v) determine whether the Transition Event has occurred in a prior Fiscal Year.

In any Fiscal Year, if it is determined that: (i) a Subdivision Map for property in Improvement Area No. 1 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the Subdivision Map was recorded, the Assessor does not yet recognize the new Parcels created by the Subdivision Map, and (iii) one or more of the newly-created Parcels is in a different Development Class than other Parcels created by the subdivision, the Administrator shall calculate the Special Taxes for the property affected by recordation of the Subdivision Map by determining the Special Taxes that apply separately to the property within each Development Class, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Subdivision Map.

C. MAXIMUM SPECIAL TAXES
The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in Improvement Area No. 1 in each Fiscal Year. The Per-Acre Special Taxes set forth in Table 1 and Table 2 below shall be used for purposes of Sections C.1 and C.2 below:

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Tivoli CFD No. 2024-1, IA No. 1 9 May 31, 2024
Table 1
Per-Acre Special Taxes Prior to the Transition Year
Fiscal Year 2024-25 *
Land Use Class
Per-Acre Special Tax:

One-Time
Facilities Special Tax
Per-Acre Special Tax:

Annual Facilities
Special Tax
Per-Acre Special Tax:

Annual Maintenance
Special Tax
Very Low Density
Residential Property
$100,000 per
Net Taxable Acre
$5,724 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Low Density
Residential Property
$100,000 per
Net Taxable Acre
$10,260 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Medium Density
Residential Property
$100,000 per
Net Taxable Acre
$13,725 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Medium High Density
Residential Property
$100,000 per
Net Taxable Acre
$13,087 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
Non-Residential
Property
$100,000 per
Net Taxable Acre
$7,375 per
Net Taxable Acre
$5,166 per
Net Taxable Acre
* All Per-Acre Special Taxes shown in Table 1 are subject to the annual adjustments described in Section D below.

Table 2
Per-Acre Special Taxes In and After the Transition Year Fiscal Year 2024-25 *
Land Use Class
Per-Acre Special Tax:

One-Time
Facilities Special Tax
Per-Acre Special Tax:

Annual Facilities
Special Tax
Per-Acre Special Tax:

Annual Maintenance
Special Tax
Very Low Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$6,597 per
Net Taxable Acre
Low Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$7,731 per
Net Taxable Acre
Medium Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$8,597 per
Net Taxable Acre
Medium High Density
Residential Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$8,438 per
Net Taxable Acre
Non-Residential
Property
$100,000 per
Net Taxable Acre
$0 per
Net Taxable Acre
$7,010 per
Net Taxable Acre
* All Per-Acre Special Taxes shown in Table 2 are subject to the annual adjustments described in Section D below.

1. Original Parcels
The Maximum Special Taxes prior to the Transition Year for each Land Use Class expected on the Original Parcels as of CFD Formation are identified in Attachment 2, which will be updated by the Administrator as needed to reflect Original Parcels added to Improvement Area No. 1 due to annexations. Until an Original Parcel is subdivided, the Maximum Special Taxes shown in Attachment 2 (escalated as set forth herein) shall be the Maximum Special Taxes for the Parcel unless the zoning on the Original Parcel changes to a Land Use Class that has higher Per-Acre Special Taxes based on reference to Table 1 and Table 2 above. Upon approval of such a change in zoning by the City Council, the Administrator shall multiply the applicable Per-Acre Special Taxes by the Net Taxable #13..
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Tivoli CFD No. 2024-1, IA No. 1 10 May 31, 2024
Acreage of each Land Use Class that is expected on the Parcel based on the rezone. The Administrator shall then update Attachment 2 to reflect the higher Maximum Special Taxes for the Parcel. If a rezone results in a Land Use Class that has a lower Per-Acre Special Tax than the previous Expected Land Uses, there shall be no corresponding reduction in the Maximum Special Taxes for the Parcel. The potential reduction in Maximum Special Tax revenues must be considered separately for each Special Tax Category. If the rezone would cause a reduction in the Maximum Special Tax revenues in any Special Tax Category, the Maximum Special Tax identified for that Special Tax Category shall remain the same as originally assigned to the Original Parcel.

2. Successor Parcels
a. All Successor Parcels are SFD Lots
If all Parcels created by a recorded Subdivision Map are SFD Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes for the Original Parcel to each of the Successor Parcels created by the subdivision:

Step 1. Determine the greater of: (i) the sum of the Maximum Special Taxes assigned to each Expected Land Use for the Original Parcel, or (ii) the sum of the Net Taxable Acreage of each Density Category within the Subdivision Map multiplied by the Per-Acre Special Taxes for each Density Category.

Step 2. Separately for each Density Category created by the Subdivision Map, divide the Maximum Special Taxes from Step 1 by the number of Successor Parcels to determine the Maximum Special Taxes for each SFD Lot. b. No Successor Parcels are SFD Lots
If none of the Successor Parcels created by recordation of a Subdivision Map are SFD Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:

Step 1. Identify the Expected Land Uses for the Original Parcel.

Step 2. Determine the Net Taxable Acreage within each Land Use Class created by the Subdivision Map.

Step 3. If the Net Taxable Acreage of each Land Use Class from Step 2 is the same as the Expected Land Uses, the Maximum Special Taxes assigned to each of the Expected Land Uses on the Original Parcel shall be allocated to the Successor Parcels based on the Acreage of each Land Use Class that occurs on each Successor Parcel.

Step 4. If the Net Taxable Acreage within each Land Use Class from Step 2 is different than the Expected Land Uses for the Original Parcel, the Administrator shall apply the following steps separately for each Special Tax Category:
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Tivoli CFD No. 2024-1, IA No. 1 11 May 31, 2024
Step 4a. Multiply the applicable Per-Acre Special Tax by the Net Taxable Acreage of each Land Use Class created by the Subdivision Map.

Step 4b. If the amount calculated in Step 4a is greater than the Maximum Special Tax assigned to the Original Parcel, multiply the Net Taxable Acreage of each Land Use Class on each Successor Parcel by the applicable Per-Acre Special Tax from Table 1 (preTransition Year) and Table 2 (in and after Transition Year) above to determine the Maximum Special Tax for each Successor Parcel.

Step 4c. If the amount calculated in Step 4a is less than the Maximum Special Tax assigned to the Original Parcel: (i) identify the Maximum Special Tax that was assigned to each of the Expected Land Uses on the Parcel, (ii) divide the Maximum Special Tax for each Land Use Class by the Net Taxable Acreage of each Land Use Class actually created by the Subdivision Map, and (iii) multiply the per-acre Maximum Special Tax calculated in (ii) by the Net Taxable Acreage of each Land Use Class on each
Successor Parcel to determine the Maximum Special Tax for each Parcel.

If the Land Use Classes on a Successor Parcel or Parcels are different than the Expected Land Uses for that Parcel(s) and such difference would result in a reduction in the Maximum Special Tax assigned to the Original Parcel for any Special Tax Category, the Maximum Special Tax assigned to the Original Parcel shall either be distributed equally on a per-acre basis to the Successor Parcels or, if multiple Land Use Classes are created by the Subdivision Map, the Maximum Special Tax from the Original Parcel shall be distributed to each Land Use Class so that the peracre tax for each Land Use Class has the same proportional relationship as the Per-Acre Special Taxes in Table 1 and Table 2 above.
c. Some, But Not All, Successor Parcels are SFD Lots
If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some are SFD Lots and some are not, the Administrator shall (i) break out the aggregate Net Taxable Acreage of all SFD Lots separately from the Net Taxable Acreage of other Land Use Classes, (ii) for the aggregate Net Taxable Acreage of the SFD Lots, apply the steps in Section C.2a to determine the Maximum Special Taxes for each SFD Lot, and (iii) apply the steps in Section C.2b above to determine the Maximum Special Taxes for the other Land Use Classes on the Parcel.

If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate. After each reallocation of the Maximum #13..
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Tivoli CFD No. 2024-1, IA No. 1 12 May 31, 2024
Special Taxes upon subdivision or reconfiguration of Original Parcels, the sum of the Maximum Special Taxes assigned to Successor Parcels shall never be less, but may be more, than the Maximum Special Taxes assigned to the Original Parcels prior to such reallocation.

D. CHANGES TO THE MAXIMUM SPECIAL TAXES

1. Escalation of Special Taxes
1a. One-Time Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be adjusted annually by the Escalation Factor. 1b. Annual Facilities Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum Annual Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
1c. Annual Maintenance Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum Annual Maintenance Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be adjusted annually by the Escalation Factor. Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1.

2. Partial Prepayment of Maximum Annual Facilities Special Tax If a Parcel makes a partial prepayment of the Annual Facilities Special Tax pursuant to Section I below, the Administrator shall recalculate the Maximum Annual Facilities Special Tax for the Parcel pursuant to Section I. In addition, the Administrator shall update Attachment 2 to reflect the prepayment and the revised Maximum Annual Facilities Special Tax Revenues for Improvement Area No. 1. Such updates shall be maintained internally by the Administrator and shall not require recordation of an amended RMA. After the prepayment has been received, the application of Sections F and I of this RMA shall be based on the adjusted Expected Maximum Annual Facilities Special Tax Revenues after the prepayment.

3. Conversion of a Parcel of Public Property to Private Use If, in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of the Special Taxes, and the Administrator shall determine the appropriate Maximum Special Taxes for the Parcel based on the Net Taxable Acreage of the Parcel. #13..
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Tivoli CFD No. 2024-1, IA No. 1 13 May 31, 2024
E. ANNEXATIONS
If, in any Fiscal Year, a property owner within the Future Annexation Area wants to annex property into Improvement Area No. 1, the Administrator shall apply the following steps as part of the annexation proceedings:

Step 1. Working with City staff and the landowner, the Administrator shall determine the Land Use Classes that are expected within the area to be annexed.

Step 2. The Administrator shall prepare and keep on file an updated Attachment 2 that identifies the Assessor’s Parcel Number(s), Expected Land Use, Expected Net Taxable Acreage, One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax for the annexed property.

Step 3. The Administrator shall prepare and keep on file an updated Attachment 3 that adds the Assessor’s Parcel(s) in the annexed area to the Original Parcels in Improvement Area No. 1.

Step 4. The Administrator shall ensure that a Notice of Special Tax Lien is recorded against all Parcels that are annexed to Improvement Area No. 1.

Step 5. The Administrator shall recalculate the Public Facilities Requirement used in the prepayment calculation in Section I below to include the estimated net proceeds that can be generated to fund Authorized Facilities based on the Maximum Annual Facilities Special Tax capacity from the annexed area. The adjusted Public Facilities Requirement shall be calculated by (i) dividing the increased Maximum Annual Facilities Special Tax Revenues that can be collected after the annexation by the Maximum Annual Facilities Special Tax Revenues that were in place prior to the annexation, and (ii) multiplying the quotient by the Public Facilities Requirement that was in place prior to the annexation.

F. METHOD OF LEVY OF THE SPECIAL TAXES

1. One-Time Facilities Special Tax
The Maximum One-Time Facilities Special Tax determined pursuant to Sections C and D above shall be levied on all Taxable Property in Improvement Area No. 1 and shall be collected as set forth in Section G below.

2. Annual Facilities Special Tax
Each Fiscal Year until the Transition Year, the Administrator shall determine the Annual Facilities Special Tax Requirement for the Fiscal Year and levy the Annual Facilities Special Tax on all Parcels of Taxable Property as follows:

Step 1: The Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Developed Property within Improvement Area No. 1 up to 100% of #13..
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Tivoli CFD No. 2024-1, IA No. 1 14 May 31, 2024
the Maximum Annual Facilities Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Annual Facilities Special Tax Requirement prior to applying any Capitalized Interest that is available in the CFD accounts.

Step 2: If additional revenue is needed after Step 1, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Annual Facilities Special Tax Requirement.

Step 3: If additional revenue is needed after Step 2, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Annual Facilities Special Tax Requirement.

Step 4: If additional revenue is needed after Step 3, the Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Annual Facilities Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Annual Facilities Special Tax Requirement.

No Annual Facilities Special Tax shall be levied in any Fiscal Year on Parcels of Undeveloped Property.

3. Annual Maintenance Special Tax
Each Fiscal Year, the Administrator shall determine the Annual Maintenance Special Tax Requirement for the Fiscal Year and levy the Annual Maintenance Special Tax on Parcels of Taxable Property as follows:

Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within Improvement Area No. 1 up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Annual Maintenance Special Tax Requirement.

Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Taxable Welfare Exemption Property for such Fiscal Year until the amount levied is equal to the Annual Maintenance Special Tax Requirement.

Step 3: If additional revenue is needed after Step 2 the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Owners Association Property up to 100% of the Maximum Annual Maintenance #13..
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Tivoli CFD No. 2024-1, IA No. 1 15 May 31, 2024
Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Annual Maintenance Special Tax Requirement.

Step 4: If additional revenue is needed after Step 3, the Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Taxable Public Property until the amount levied is equal to the Annual Maintenance Special Tax Requirement.

No Annual Maintenance Special Tax shall be levied in any Fiscal Year on Parcels of Undeveloped Property.

G. MANNER OF COLLECTION OF SPECIAL TAXES
The Maximum One-Time Facilities Special Tax shall be collected prior to a Certificate of Occupancy being issued for any residential or non-residential structure on Taxable Property within Improvement Area No. 1 and shall be immediately delinquent if not so paid.

The Annual Facilities Special Tax and Annual Maintenance Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted as set forth in Section I below and provided further that the City may directly bill, collect at a different time or in a different manner, and/or collect delinquent Annual Facilities Special Taxes and Annual Maintenance Special Taxes through foreclosure or other available methods.

The Annual Facilities Special Tax shall be levied and collected until principal and interest on Bonds have been repaid, costs of constructing or acquiring Authorized Facilities from Annual Facilities Special Tax proceeds have been paid, and all Administrative Expenses have been reimbursed. However, in no event shall Annual Facilities Special Taxes be levied after Fiscal Year 2074-75. The Annual Maintenance Special Tax shall be levied in perpetuity unless and until the City determines that the Annual Maintenance Special Tax is no longer needed to pay for Authorized Services. Under no circumstances may the Annual Facilities Special Tax on a Parcel of Developed Property in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Annual Facilities Special Tax levied on another Parcel or Parcels by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.

H. EXEMPTIONS
Notwithstanding any other provision of this RMA, no One-Facilities Special Tax or Annual Facilities Special Tax shall be levied in any Fiscal Year on the following: (i) Public Property, except Taxable Public Property, (ii) Owners Association Property, except Taxable Owners Association Property, (iii) Welfare Exemption Property, except Taxable Welfare Exemption Property, and (iv) Parcels of Undeveloped Property. In addition, no Annual Facilities Special Tax shall be levied on (i) Parcels that are owned by a public utility for an unmanned facility, and (ii) Parcels that are subject to an easement that precludes any other use on the Parcel. #13..
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Tivoli CFD No. 2024-1, IA No. 1 16 May 31, 2024
No Annual Maintenance Special Tax shall be levied on the following: (i) Public Property, including Taxable Public Property, (ii) Owners Association Property, including Taxable Owners Association Property, and (iii) Welfare Exemption Property, including Taxable Welfare Exemption Property.

I. PARTIAL PREPAYMENT OF THE ANNUAL FACILITIES SPECIAL TAX The following definitions apply to this Section I:
“Outstanding Bonds” means all Previously Issued Bonds which remain outstanding, with the following exception: if an Annual Facilities Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Annual Facilities Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula.
“Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.
“Public Facilities Requirement” means either $7.3 million in 2024 dollars, which shall increase on January 1, 2025, and on each January 1 thereafter by two percent (2%) of the amount in effect in the prior year, or such other number as shall be determined by the City as sufficient to fund improvements that are authorized to be funded by the CFD. The Public Facilities Requirements shown above will be adjusted each time there is an annexation of property into Improvement Area No. 1.
“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Previously Issued Bonds, developer equity, and any other source of funding.

A property owner may prepay up to 75% of the Annual Facilities Special Tax obligation applicable to a Parcel, thereby reducing the Maximum Annual Facilities Special Tax applicable to the Parcel, provided that a prepayment may be made only if (i) there are no delinquent Special Taxes with respect to such Parcel at the time of prepayment, and (ii) there has not in any prior Fiscal Year been a partial prepayment of the Annual Facilities Special Tax assigned to the Parcel. The Annual Maintenance Special Tax may not be prepaid. An owner of an Assessor’s Parcel intending to prepay a portion of the Annual Facilities Special Tax obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City or its designee shall notify such owner of the prepayment amount for such Assessor’s Parcel. Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Annual Facilities Special Taxes. The Prepayment Amount shall be calculated as follows: (capitalized terms as defined below):
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Tivoli CFD No. 2024-1, IA No. 1 17 May 31, 2024
Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:

Step 1. Compute the amount that could be collected from the Parcel prepaying the Annual Facilities Special Tax in the Fiscal Year in which prepayment would be received by the City.

Step 2. Divide the Maximum Annual Facilities Special Tax from Step 1 by the current Maximum Annual Facilities Special Tax Revenues.

Step 3. Multiply the quotient computed in Step 2 by the percentage of the Maximum Annual Facilities Special Tax that the property owner wants to prepay, which percentage shall not exceed 75%.

Step 4. Multiply the quotient computed pursuant to Step 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

Step 5. Compute the current Remaining Facilities Costs (if any).

Step 6. Multiply the quotient computed pursuant to Step 3 by the amount determined pursuant to Step 5 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).

Step 7. Multiply the Bond Redemption Amount computed pursuant to Step 4 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

Step 8. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment will be received until the earliest redemption date for the Outstanding Bonds. However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 8, 9, and 10 of this prepayment formula will not apply.

Step 9: Compute the amount of interest the City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds.
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Tivoli CFD No. 2024-1, IA No. 1 18 May 31, 2024
Step 10: Subtract the amount computed pursuant to Step 9 from the amount computed pursuant to Step 8 (the “Defeasance Requirement”).

Step 11. The administrative fees and expenses associated with the prepayment will be determined by the Administrator and include the costs of computing the prepayment, redeeming Bonds, and recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).

Step 12. If and to the extent so provided in the Bond Indenture, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).

Step 13. The Facilities Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 4, 6, 7, 10, and 11, less the amount computed pursuant to Step 12 (the “Prepayment Amount”).

Step 14. From the Prepayment Amount, the amounts computed pursuant to Steps 4, 7, and 10 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Step 6 shall be deposited into the Improvement Fund. The amount computed pursuant to Step 11 shall be retained in the account or fund that is established to pay Administrative Expenses.

Once a partial prepayment has been received, an Amendment to Notice of Facilities Special Tax Lien shall be recorded against the Parcel to reflect the reduced Facilities Special Tax lien for the Parcel, which shall be equal to the portion of the Maximum Annual Facilities Special Tax that was not prepaid, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Annual Facilities Special Tax Revenues. However, an Amendment to Notice of Facilities Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.

If an owner that has partially prepaid the Annual Facilities Special Tax obligation assigned to a Parcel subsequently rezones the Parcel to a Land Use Class that has a higher Per-Acre Annual Facilities Special Tax, the City may, in its sole discretion and as a condition of approval of the rezoning, collect the additional Annual Facilities Special Tax prepayment that would have applied had the Parcel been rezoned at the time of the original partial prepayment for the Parcel.

Notwithstanding the foregoing, if at any point in time the Administrator determines that the Maximum Annual Facilities Special Tax Revenue that can be collected from Taxable Property that remains subject to the Annual Facilities Special Tax after the proposed prepayment is less than the Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds from proceeds of the estimated prepayment, the amount of the prepayment shall be increased until the amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service to a point at which Required Coverage is maintained. #13..
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Tivoli CFD No. 2024-1, IA No. 1 19 May 31, 2024
J. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rates or method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion.

Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.
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ATTACHMENT 1
IMPROVEMENT AREA NO. 1 OF THE

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI)
Tivoli Specific Plan
Land Use Diagram
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ATTACHMENT 2
IMPROVEMENT AREA NO. 1 OF THE

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI)
Maximum Special Taxes Assigned to Expected Land Uses
Within Each Original Parcel
Prior to the Transition Year
Event
Adding
Parcel
to CFD
Assessor’s
Parcel
Number
Expected
Land Use /1
Expected
Net Taxable
Acreage
Maximum
One-Time
Facilities
Special Tax
(FY 2024-25) /2
Maximum
Annual
Facilities
Special Tax
(FY 2024-25) /2
Maximum
Annual
Maintenance
Special Tax
(FY 2024-25) /2
CFD
Formation 083-004-059-000 MDR 4.50 $450,000 $61,761 $23,247 CFD
Formation 083-004-060-000 MDR 4.78 $478,000 $65,604 $24,693 CFD
Formation 083-004-068-000 LDR 35.89 $3,589,000 $368,244 $185,408

1. VLDR = Very Low Density Residential, LDR = Low Density Residential, MDR = Medium Density Residential, MHDR = Medium High Density Residential, and NR = Non-Residential

2. The Maximum Special Taxes set forth above shall be adjusted pursuant to Section D of the RMA.

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ATTACHMENT 3
IMPROVEMENT AREA NO. 1 OF THE

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(TIVOLI)
Original Parcels in Improvement Area No. 1
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2 083-004-059-000
3 083-004-060-0004 083-004-068-0005 083-004-090-0006 083-004-091-000 1 083-003-017-0007 083-004-088-0008 083-003-003-0009 083-003-014-000 10 083-003-015-00011 083-003-016-00012 083-004-008-00013 083-004-013-00014 083-004-023-00015 083-004-043-00016 083-004-044-00017 083-004-047-00018 083-004-048-00019 083-004-050-00020 083-004-057-00021 083-004-058-00022 083-004-063-00023 083-004-064-00024 083-004-070-00025 083-004-071-00026 083-004-072-00027 083-004-073-00028 083-004-078-00029 083-004-079-00030 083-004-085-00031 083-004-086-00032 083-004-087-00033 083-005-016-000 #13..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024- 354

RESOLUTION DECLARING THE FORMATION OF CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (TIVOLI),

CONDITIONALLY AUTHORIZING THE LEVY OF SPECIAL TAXES

THEREIN, AND CONDITIONALLY ESTABLISHING AN ANNUAL

APPROPRIATIONS LIMIT
WHEREAS, on August 13, 2024, pursuant to a petition filed by Dasco Development Company, LLC, a California Limited Partnership, (the “Petitioner”) this City Council adopted Resolution No. 2024-279 (the “Resolution of Intention”), stating its intention to form City of Modesto Community Facilities District No. 2024-1 (Tivoli) (the “Community Facilities District”), with the initial parcels to be designated as Improvement Area No. 1 (the “Improvement Area No. 1”) within the Community Facilities District, and designate certain property within the Tivoli Specific Plan, as amended, as future annexation to the Community Facilities District (the “Future Annexation Area”), all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, a copy of the Resolution of Intention, setting forth (a) the description of the proposed boundaries of the Community Facilities District, Improvement Area No. 1 within the Community Facilities District and the Future Annexation Area for the Community Facilities District, (b) the description of the proposed facilities and services to be financed by the Community Facilities District, (c) the rate and method of apportionment of the annual facilities and maintenance special taxes and one-time facilities special tax proposed to be levied within the Community Facilities District, and (d) setting a public hearing to consider this matter, is on file with the City Clerk and is incorporated herein by reference; and
09/24/2024/CED/EGarcia/Item 20 1 2024-354
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WHEREAS, on August 13, 2024, this City Council adopted Resolution No. 2024- 280 (the “Resolution of Intention to Incur Debt”), stating its intention to authorize the Community Facilities District to incur bonded indebtedness in an amount not to exceed $120,000,000, pursuant to the Act, and setting a public hearing to consider this matter, a copy of which is on file with the City Clerk and is incorporated herein by reference; and WHEREAS, the City Clerk has confirmed that a notice was published and mailed as required by law relative to the intention of the City to form the Community Facilities District and the incurrence of debt by the Community Facilities District at a public hearing to be held on September 24, 2024 (the petitioner having waived the 30-day waiting period of holding the public hearing in the petition); and WHEREAS, on September 24, 2024, at the time and place specified in the required noticed, the City Council received public comment and continued the public hearing to September 24, 2024; and
WHEREAS, there has been filed with the City Clerk a report containing a description of the facilities and services necessary to meet the needs of the Community Facilities District and an estimate of the cost of such facilities and services as required by Section 53321.5 of the Government Code (the “Report”); and WHEREAS, the City Council has held a public hearing on this same date as required by law to determine whether it should proceed with the formation of the Community Facilities District, the designation of Improvement Area No. 1 and the Future Annexation Area, the authorization of the rate and method of apportionment of special taxes to be levied within the Community Facilities District for the purposes described in 09/24/2024/CED/EGarcia/Item 20 2 2024-354
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the aforesaid resolutions and the incurrence of bonded indebtedness for the Community Facilities District in an amount not to exceed $120,000,000; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the Community Facilities District were heard, and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it, and there was not precluded by a majority protest of the type described in Government Code Sections 53324 and 53339.6, and the City Council is sufficiently advised as to all matters relating to the formation of the Community Facilities District, the designation of Improvement Area No. 1 and the Future Annexation Area, the levy of special taxes and the incurrence of bonded indebtedness for the Community Facilities District ; and
WHEREAS, there have been fewer than twelve (12) registered voters residing in the proposed boundaries of Improvement Area No. 1 of the Community Facilities District for the statutory period, and the qualified electors in the Community Facilities District are the landowners within Improvement Area No. 1, being the initial boundaries of the Community Facilities District; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the Community Facilities District and to call an election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of special tax, as set forth in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Attachment 09/24/2024/CED/EGarcia/Item 20 3 2024-354
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A, and (ii) the establishment of an appropriations limit for the Community Facilities District; and
WHEREAS, pursuant to Sections 53313.5 and 53314.9 of the Act, there has been submitted to this City Council an Acquisition and Shortfall Agreement, by and between the City, acting on behalf of the District, and developers (the “Acquisition and Shortfall Agreement”), relating to the construction, acquisition, payment and reimbursement of the Facilities (as defined herein), and this City Council, with the aid of its staff, has reviewed said document and found it to be in proper order; and
WHEREAS, pursuant to Sections 53313.5 and 53314.9 of the Act, there has been submitted to this City Council an Acquisition and Credit Agreement, by and between the City, acting on behalf of the District, and developers (the “Acquisition and Credit Agreement”), relating to the construction, acquisition, payment and credit for the Facilities (as defined herein), and this City Council, with the aid of its staff, has reviewed said document and found it to be in proper order.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby finds and determines as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. A community facilities district designated “City of Modesto Community Facilities District No. 2024-1 (Tivoli)” is hereby established pursuant to the Act, with the initial parcels to be further designated as “Improvement Area No. 1.” The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the Community Facilities District were valid and in conformity with 09/24/2024/CED/EGarcia/Item 20 4 2024-354
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the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.

SECTION 3. The boundaries of the Community Facilities District, including Improvement Area No. 1, and the Future Annexation Area to the Community Facilities District are established as shown on the map designated “Map of Proposed Boundaries and Future Annexation Area of the City of Modesto Community Facilities District No. 2024-1 (Tivoli),” which map is on file in the office of the City Clerk and, pursuant to Sections 3111 and 3113 of the Streets and Highways Code, was recorded in the Book of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder of Stanislaus County in Book No. 7, at Page 29 as Instrument No. 2024- 0038785.

SECTION 4. The facilities and services authorized to be paid for by each improvement area within the Community Facilities District, including Improvement Area No. 1, are services or facilities, as the case may be, which the City is authorized by law to construct, acquire, own and operate, or to provide, as set forth in Appendix A to the Resolution of Intention (the “Facilities and Services”), including all costs associated with the creation of the Community Facilities District and administering the Community Facilities District and any debt obligations of the Community Facilities District (collectively, the “Incidental Expenses”). The City Council hereby finds that the Facilities and Services are necessary to meet increased demands put upon the City as a result of the new development within the Community Facilities District, including Improvement Area No. 1, and when annexed, the Future Annexation Area. 09/24/2024/CED/EGarcia/Item 20 5 2024-354
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SECTION 5. It is the intention of the City Council, subject to the approval of the qualified electors within Improvement Area No. 1 of the Community Facilities District, to levy the proposed special taxes at the rates set forth in the Rate and Method on all nonexempt property within Improvement Area No. 1 of the Community Facilities District sufficient to pay for all or a portion of (i) the Facilities, (ii) the Services, and (iii) the Incidental Expenses.

The description of the Facilities and Services may be modified upon the annexation of property into the Community Facilities District, provided such modified description shall only apply to such annexed areas. Additional improvement areas may be designated when property is annexed into the Community Facilities District.

The City expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the Community Facilities District, the levying and collecting of the facilities special taxes, the provision of the Services, the completion and inspection of the Facilities and the annual administration of the Community Facilities District. The Rate and Method is described in detail on Attachment A hereto and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the Community Facilities District, including Improvement Area No. 1, to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Report, which is incorporated by reference herein, the special taxes are based generally on area of each parcel of real property within the Community Facilities District, including Improvement Area No. 1, (except to the extent that certain single family detached lots may be taxed at the same rate regardless of land area) and, accordingly, is 09/24/2024/CED/EGarcia/Item 20 6 2024-354
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hereby determined to be reasonable. The special taxes are apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act, and such special taxes are not on or based upon the ownership of real property.

Under no circumstances shall the special taxes against any parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area No. 1 of the Community Facilities District, or within each additional improvement area from the Future Annexation Area, when annexed.

The City’s Community Development Manager, located at 1010 Tenth Street, Modesto, California 95353, telephone number (209) 577-5211, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.

SECTION 6. In the event that a portion of the property within the Community Facilities District shall become for any reason exempt, wholly or partially, from the levy of the special taxes specified in the Rate and Method, the City Council shall, on behalf of the Community Facilities District, increase the levy (to the extent necessary and permitted by law and these proceedings) upon the remaining property within Improvement Area No. 1 of the Community Facilities District, or within each additional improvement area from the Future Annexation Area, when annexed, if applicable, which is not exempt in order to prevent the Community Facilities District from defaulting on any of its other obligations or liabilities. The amount of the special taxes will be set in accordance with the Rate and Method.
09/24/2024/CED/EGarcia/Item 20 7 2024-354
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Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act or in the Rate and Method, properties of entities of the state, federal, and local governments shall be exempt from the levy of the special taxes.

SECTION 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special taxes shall attach to all non-exempt real property in Improvement Area No. 1 of the Community Facilities District, and when annexed, the Future Annexation Area, and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the Community Facilities District ceases.

SECTION 8. The City may accept advances of funds or work-in-kind from any source, including, but not limited to, the Petitioner and other private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by it in creating the Community Facilities District.

The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City, with or without interest.

The form of both the Acquisition and Shortfall Agreement and Acquisition and Credit Agreement presented at this meeting and on file with the City Clerk be and is hereby approved, with such changes as may be approved by the Mayor, City Manager or Finance Director, said officer’s execution thereof to evidence approval of the changes.

The Mayor, City Manager or Finance Director is hereby authorized and directed to 09/24/2024/CED/EGarcia/Item 20 8 2024-354
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execute either the Acquisition and Shortfall Agreement or Acquisition and Credit Agreement, as appropriate, on behalf of the Community Facilities District with such execution to be attested to by the City Clerk.

SECTION 9. Written protests against the establishment of the Community Facilities District or the designation of the Future Annexation Area have not been filed by one-half or more registered voters within the boundaries of Improvement Area No. 1 of the Community Facilities District, or the Future Annexation Area, as applicable, or by the property owners of one-half (1/2) or more of the area of land within Improvement Area No. 1 of the Community Facilities District or the Future Annexation Area, as applicable.

The City Council hereby finds that the proposed special taxes have not been precluded by a majority protest pursuant to Section 53324 of the Act.

SECTION 10. Subject to voter approval required by the Act, the annual appropriations limit (as defined in Section 8(h) of Article XIII B of the California Constitution) of the Community Facilities District is hereby established through the Rate and Method of Apportionment, as adjusted for changes in the cost of living and changes in population.

SECTION 11. An election will be called for the Community Facilities District on the propositions of levying the special taxes on the property within the Community Facilities District and establishing the appropriations limit for the Community Facilities District pursuant to Section 53325.7 of the Act. The City Clerk shall conduct the election.

SECTION 12. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, and the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the City 09/24/2024/CED/EGarcia/Item 20 9 2024-354
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Council hereby establishes the following accountability measures pertaining to the levy by the Community Facilities District of the special taxes:
a. Such special taxes shall be levied for the specific purposes set forth in Section 4 hereof.
b. The proceeds of the levy of such special taxes shall be applied only to the specific purposes set forth in Sections 4 and 5 hereof. c. The District shall establish accounts into which the proceeds of such special taxes shall be deposited.
d. The City Manager or Finance Director will provide for such accounting and reporting for the special taxes as required by law. e. The City Manager, or his or her designee, acting for and on behalf of the Community Facilities District, shall annually file a report with the City Council as required pursuant to Government Code Sections 50075.3 and 53411.

SECTION 13. Pursuant to Section 53339.7(a) of the Act, the City Council provides for the annexation of all or a portion of the Future Annexation Area to the Community Facilities District without additional hearings or further action from the City Council. The Future Annexation Area will be annexed into the Community Facilities District only at such time as the Community Facilities District receives unanimous written approval to be annexed from the owner or owners of each parcel or parcels of the portion of the Future Annexation Area proposed to be annexed at that time. Annexations to the Community Facilities District may include separate and distinct improvement 09/24/2024/CED/EGarcia/Item 20 10 2024-354
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areas, modified descriptions of facilities and services and/or modified special tax rates as set forth in a modified or separate Rate and Method at the time of annexation.

SECTION 14. The preparation of the Report is hereby ratified. The Report, as submitted, is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the transcript of these proceedings and open for public inspection. This City Council now finds and determines that all proceedings up to and including the adoption of this resolution were and are valid and in conformity with the requirements of the Act. 09/24/2024/CED/EGarcia/Item 20 11 2024-354
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APPENDIX A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
IMPROVEMENT AREA NO. 1 OF THE

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1(TIVOLI)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor’s Parcel in Improvement Area No. 1 of the City of Modesto Community Facilities District No. 2024-1 (Tivoli) shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in Improvement AreaNo. 1, unless exempted by law or by the provisions of Section H below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed into Improvement Area No. 1 unless a separate Rate and Method of Apportionment is adopted for the annexation area.

Special Taxes and this RMA, amounts needed to pay rebate to the federal government with respect to Bonds, costs associated with complying with continuing disclosure requirements for the City and any major property owners or other obligated parties, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of Improvement Area No. 1 and the CFD. “Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to this RMA.
“Annual Facilities Special Tax” means a special tax levied in any Fiscal Year to pay the Annual Facilities Special Tax Requirement, as defined below.
“Annual Facilities Special Tax Requirement” means the amount necessary in any Fiscal Year to:
(i) pay principal and interest on Bonds that are due in the calendar year that begins in such Tivoli CFD No. 2024-1, IA No. 1 2 May 31, 2024
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Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement,liquidity support, and rebate payments on the Bonds; (iii) replenish reserve funds created for the Bonds under the Indenture to the extent such replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year; (iv) cure any delinquenciesin the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year; (v)pay Administrative Expenses; and (vi) pay directly for Authorized Facilities and Authorized Services, so long as such levy under this clause (vi) does not increase the Special Tax levied on Undeveloped Property. The amounts referred to in clauses (i) and (ii) of the definition of SpecialTax Requirement may be reduced in any Fiscal Year by: (a) interest earnings on or surplus balancesin funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against such costs pursuant to the Indenture; (b) in the sole and absolute discretion of the City, proceeds received from the collection of penalties associated with delinquent Special Taxes;and (c) any other revenues available to pay such costs, each as determined in the sole discretion ofthe City.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Annual Maintenance Special Tax Requirement, as defined below.
“Annual Maintenance Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) establishment of reserves, (iii) AdministrativeExpenses, and (iv) amounts needed to cure any delinquencies in the payment of Annual Maintenance Special Taxes which have occurred in prior Fiscal Years. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forthin the documents adopted by the City Council when the CFD was formed.

Tivoli CFD No. 2024-1, IA No. 1 3 May 31, 2024
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“Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, securedby the Annual Facilities Special Tax and issued or assumed by the CFD to fund Authorized Facilities.
“Building Permit” means a permit that allows for vertical construction of a building or buildings,which shall not include a separate permit issued for construction of the foundation thereof.
“Capitalized Interest” means funds in any capitalized interest account available to pay debt service on Bonds.

Tivoli CFD No. 2024-1, IA No. 1 4 May 31, 2024
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“Certificate of Occupancy” means the first certificate, including any temporary certificate of occupancy, issued by the City to confirm that a building or a portion of a building has met all of the building codes and can be occupied for residential and/or non-residential use. “CFD” means the City of Modesto Community Facilities District No. 2024-1 (Tivoli). “CFD Formation” means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of the CFD.
“County” means the County of Stanislaus.
“Density Category” means, individually, Very Low Density Residential Property, Low Density Residential Property, Medium Density Residential Property, or Medium High Density ResidentialProperty.
“Developed Property” means, in any Fiscal Year, the following:

Tivoli CFD No. 2024-1, IA No. 1 5 May 31, 2024
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For purposes of levying the One-Time Facilities Special Tax, all Parcels for which a Certificate of Occupancy was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023.
“Development Class” means, individually, Developed Property, Taxable Owners Association Property, Taxable Welfare Exemption Property, and Taxable Public Property. “Escalation Factor” means, in any Fiscal Year, the greater of (i) the percentage increase, if any,in the construction cost index for the San Francisco region for the prior twelve (12) month periodas published in the Engineering News Record or other comparable source if the Engineering NewsRecord is discontinued or otherwise not available, or (ii) four percent (4.0%). “Expected Land Uses” means the Net Taxable Acreage of each Land Use Class expected on an Original Parcel based on reference to the Land Use Diagram and Attachment 2 hereto, the latter of which will be updated with each annexation of property into Improvement Area No. 1.

Tivoli CFD No. 2024-1, IA No. 1 6 May 31, 2024
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“Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates SFD Lots.

The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create SFD Lots, including Assessor’s Parcels that are designated as remainder parcels.
“First Bond Sale” means issuance of the first series of Bonds secured, in whole or in part, by Annual Facilities Special Taxes levied and collected from Parcels of Taxable Property in Improvement Area No. 1.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Future Annexation Area” means that geographic area that, at the time of CFD Formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded CFD boundary map. Such designation does not mean that any or all of the Future Annexation Area will annex into the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined annexation procedures provided in the Act. “Improvement Area No. 1” means Improvement Area No. 1 of the CFD. “Indenture” means an indenture, fiscal agent agreement, or other agreement authorizing issuanceof the Bonds.
“Land Use Class” means one of the five mutually-exclusive land use classes identified in Table 1 and Table 2 in Section C below. The City shall, in its sole discretion, determine the appropriateLand Use Class for a Parcel of Taxable Property. “Land Use Diagram” means the exhibit in the Tivoli Specific Plan entitled “Tivoli Specific PlanLand Use Diagram”, as may be amended from time to time. The Land Use Diagram at CFD Formation is included as Attachment 1 hereto.
“Low Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 4 to 6 dwelling units per gross acre. Such Parcels are identified by an LDR designation in the Land Use Diagram.

Tivoli CFD No. 2024-1, IA No. 1 7 May 31, 2024
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“Maximum Annual Facilities Special Tax” means the greatest amount of Annual Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordancewith Sections C and D below.
“Maximum Annual Facilities Special Tax Revenues” means the aggregate amount that could be generated at any point in time if the Maximum Annual Facilities Special Tax was levied and collected on all Parcels of Taxable Property in Improvement Area No. 1. “Maximum Annual Maintenance Special Tax” means the greatest amount of Annual Maintenance Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.

Tivoli CFD No. 2024-1, IA No. 1 8 May 31, 2024
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“Maximum One-Time Facilities Special Tax” means the greatest amount of One-Time FacilitiesSpecial Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordancewith Sections C and D below.
“Maximum Special Taxes” means, collectively for any Parcel, the Maximum One-Time Facilities Special Tax, Maximum Annual Facilities Special Tax, and Maximum Annual Maintenance Special Tax.
“Medium Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 7 to 17 dwelling units per gross acre. Such Parcels are identified by an MDR designation in the Land Use Diagram. “Medium High Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed at an average density range of 18 to 24 dwelling units pergross acre. Such Parcels are identified by an MDHR designation in the Land Use Diagram.

For purposes of this RMA, Medium High Density Residential Property shall also include any propertythat is zoned at an average density range higher than 18 to 24 dwelling units per acre, regardless of the designation that is assigned to such Parcel(s). “Multi-Family Property” means all Parcels of Developed Property for which Building Permits have been issued for construction of a residential structure consisting of two or more residential units that share common walls, including but not limited to, townhomes, condominiums, duplexes,triplexes, fourplexes, and apartment units. If a Building Permit has not yet been issued on the Parcel, the Administrator shall reference the Tivoli Specific Plan and/or the Parcel’s zoning designation to determine whether the Parcel is Multi-Family Property. “Net Taxable Acreage” or “Net Taxable Acre” means the total acreage within a Final Map or Parcel less arterial road right-of-ways and property that is defined in the Final Map for use as a park site, school site, or City-owned storm drainage basin. If a Subdivision Map is recorded whichis not a Final Map for some or all Parcels created by the subdivision, the Administrator shall calculate the Net Taxable Acreage of such unsubdivided Parcels by identifying the Acreage of the Parcel and (i) adding a portion of the acreage of any non-arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way, and (ii) subtracting a portion of the acreage of any arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way. The Net Taxable Acreage of a Parcel or Final Map shall be determined in the sole discretion of the City.

Tivoli CFD No. 2024-1, IA No. 1 9 May 31, 2024
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“Non-Residential Property” means any Parcel of Taxable Property in the CFD that does not fit within the definition of Residential Property, Taxable Owners Association Property, Taxable Public Property, or Taxable Welfare Exemption Property, as determined by the Administrator.
“One-Time Facilities Special Tax” means a Special Tax levied and collected in full by the City prior to issuance of a Certificate of Occupancy for a Parcel of Taxable Property. “Original Parcel” means an Assessor’s Parcel in Improvement Area No. 1 at the time of CFD Formation, or added to Improvement Area No. 1 upon annexation, as identified in Attachment 3 (which shall be updated after each annexation). A Successor Parcel that is being further subdividedshall also be considered an Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.

Tivoli CFD No. 2024-1, IA No. 1 10 May 31, 2024
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“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within Improvement Area No. 1.
“Owners Association Property” means any property within the boundaries of Improvement AreaNo. 1 that is owned in fee or through easement by the Owners Association, not including any suchproperty that is located directly under a residential structure. “Per-Acre Special Taxes” means the per-acre Special Taxes identified in Table 1 and Table 2 in Section C below.
“Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Yearis equal for all parcels assigned to the Development Class. “Public Property” means any property within the boundaries of Improvement Area No. 1 that isowned by the federal government, State of California, County, City, or other public agency. “RMA” means this Rate and Method of Apportionment of Special Taxes. “Required Coverage” means the amount by which the Maximum Annual Facilities Special TaxRevenues must exceed the Bond debt service and priority Administrative Expenses (if any), as setforth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond documentthat sets forth the minimum required debt service coverage. “Residential Property” in any Fiscal Year means, collectively, all Very Low Density ResidentialProperty, Low Density Residential Property, Medium Density Residential Property, and MediumHigh Density Residential Property.
“SFD Lot” means an individual residential lot, identified and numbered on a recorded Final Map,on which a Building Permit has been or is permitted to be issued for construction of an SFD Unitwithout further subdivision of the lot and for which no further subdivision of the lot is anticipatedpursuant to an approved Tentative Map.

Tivoli CFD No. 2024-1, IA No. 1 11 May 31, 2024
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“SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling unit.
“Special Taxes” means, collectively, the One-Time Facilities Special Tax, the Annual Facilities Special Tax, and the Annual Maintenance Special Tax. “Special Tax Category” means, individually, the One-Time Facilities Special Tax, the Annual Facilities Special Tax, and the Annual Maintenance Special Tax. “Subdivision Map” means a Final Map, large lot subdivision map, or other map recorded with the County that results in the subdivision of an Original Parcel into two or more Successor Parcels.

Tivoli CFD No. 2024-1, IA No. 1 12 May 31, 2024
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“Successor Parcel” means an Assessor’s Parcel of Taxable Property created by the subdivision or reconfiguration of an Original Parcel on which construction of a residential or nonresidential structure is permitted. “Taxable Owners Association Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of Owners Association Property that satisfies all three of the following conditions:
(i) the Parcel had not been Owners Association Property on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Owners Association Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it is Owners Association Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of Improvement Area No. 1 that are not exempt from the Special Taxes pursuant to law or Section H below.
“Taxable Public Property” means in any Fiscal Year after the First Bond Sale, any Parcel of Public Property that satisfies all three of the following conditions: (i) the Parcel had not been PublicProperty on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Public Property as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it is Public Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coveragecould not be maintained.
“Taxable Welfare Exemption Property” means in any Fiscal Year after the First Bond Sale, anyParcel of Welfare Exemption Property that satisfies all three of the following conditions:
(i) the Parcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale;
(ii) based on reference to Attachments 1 and 2, the Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Special Tax because it has become Welfare Exemption Property, the Maximum Annual Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained. “Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto.

Tivoli CFD No. 2024-1, IA No. 1 13 May 31, 2024
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“Tivoli Specific Plan” means the specific plan for development within the Tivoli project that was originally adopted by the City Council on February 26, 2008, further updated on September 27, 2016, and as may be amended from time to time. “Transition Event” shall be deemed to have occurred when the Administrator determines that thefollowing events have occurred: (i) all Bonds secured by the levy and collection of Facilities Special Taxes in the CFD have been fully repaid; (ii) all Administrative Expenses from prior Fiscal Years have been paid or reimbursed to the City; and (iii) there are no other Authorized Facilities that the City intends to fund with Bonds or Facilities Special Taxes. “Transition Year” means the first Fiscal Year in which the Administrator determines that the Transition Event occurred in the prior Fiscal Year.

Tivoli CFD No. 2024-1, IA No. 1 14 May 31, 2024
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“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are notDeveloped Property, Taxable Owners Association Property, Taxable Public Property, or TaxableWelfare Exemption Property as defined herein.
“Very Low Density Residential Property” means all Parcels of Taxable Property that are developed or expected to be developed as large lot, rural-oriented estate homes with an average density range of 1 to 3 dwelling units per acre. Such Parcels are identified by a VLDR designation in the Land Use Diagram.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels in Improvement Area No. 1 that have received a welfare exemption under subdivision (g) of Section 214 of the Revenueand Taxation Code and for which such welfare exemption is still in place.

In any Fiscal Year, if it is determined that: (i) a Subdivision Map for property in Improvement Area No. 1 was recorded after January 1 of the prior Fiscal Year (or any other date after which theAssessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) becauseof the date the Subdivision Map was recorded, the Assessor does not yet recognize the new Parcelscreated by the Subdivision Map, and (iii) one or more of the newly-created Parcels is in a differentDevelopment Class than other Parcels created by the subdivision, the Administrator shall calculatethe Special Taxes for the property affected by recordation of the Subdivision Map by determiningthe Special Taxes that apply separately to the property within each Development Class, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordationof the Subdivision Map.

C. MAXIMUM SPECIAL TAXES
Tivoli CFD No. 2024-1, IA No. 1 15 May 31, 2024
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The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in Improvement Area No. 1 in each Fiscal Year. The Per-Acre Special Taxesset forth in Table 1 and Table 2 below shall be used for purposes of Sections C.1 and C.2 below:

Tivoli CFD No. 2024-1, IA No. 1 16 May 31, 2024
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Table 1
Per-Acre Special Taxes Prior to the Transition Year
Fiscal Year 2024-25 *
Land Use Class
Per-Acre Special Tax:

One-Time
Facilities Special Tax
Per-Acre Special Tax:

Annual Facilities
Special Tax
Per-Acre Special Tax:

Table 2
Per-Acre Special Taxes In and After the Transition Year Fiscal Year 2024-25 *
Land Use Class
Per-Acre Special Tax:

One-Time
Facilities Special Tax
Per-Acre Special Tax:

Annual Facilities
Special Tax
Per-Acre Special Tax:

a Land Use Class that has higher Per-Acre Special Taxes based on reference to Table 1and Table 2 above. Upon approval of such a change in zoning by the City Council, the Administrator shall multiply the applicable Per-Acre Special Taxes by the Net Taxable Tivoli CFD No. 2024-1, IA No. 1 18 May 31, 2024
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Acreage of each Land Use Class that is expected on the Parcel based on the rezone.

The Administrator shall then update Attachment 2 to reflect the higher Maximum Special Taxesfor the Parcel. If a rezone results in a Land Use Class that has a lower Per-Acre Special Tax than the previous Expected Land Uses, there shall be no corresponding reduction in the Maximum Special Taxes for the Parcel. The potential reduction in Maximum Special Tax revenues must be considered separately for each Special Tax Category. If the rezonewould cause a reduction in the Maximum Special Tax revenues in any Special Tax Category, the Maximum Special Tax identified for that Special Tax Category shall remainthe same as originally assigned to the Original Parcel.

2. Successor Parcels
a. All Successor Parcels are SFD Lots
If all Parcels created by a recorded Subdivision Map are SFD Lots, the Administrator shallapply the following steps to allocate the Maximum Special Taxes for the Original Parcel to each of the Successor Parcels created by the subdivision:

Step 1. Determine the greater of: (i) the sum of the Maximum Special Taxes assigned to each Expected Land Use for the Original Parcel, or (ii) the sumof the Net Taxable Acreage of each Density Category within the Subdivision Map multiplied by the Per-Acre Special Taxes for each DensityCategory.

Step 2. Separately for each Density Category created by the Subdivision Map, divide the Maximum Special Taxes from Step 1 by the number of SuccessorParcels to determine the Maximum Special Taxes for each SFD Lot. b. No Successor Parcels are SFD Lots
If none of the Successor Parcels created by recordation of a Subdivision Map are SFD Lots,the Administrator shall apply the following steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:

Step 1. Identify the Expected Land Uses for the Original Parcel.

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Step 2. Determine the Net Taxable Acreage within each Land Use Class created by the Subdivision Map.

Step 3. If the Net Taxable Acreage of each Land Use Class from Step 2 is the sameas the Expected Land Uses, the Maximum Special Taxes assigned to each of the Expected Land Uses on the Original Parcel shall be allocated to the Successor Parcels based on the Acreage of each Land Use Class that occurs on each Successor Parcel.

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Step 4a. Multiply the applicable Per-Acre Special Tax by the Net Taxable Acreage of each Land Use Class created by the Subdivision Map.

If the Land Use Classes on a Successor Parcel or Parcels are different than the Expected Land Uses for that Parcel(s) and such difference would result in a reduction in the Maximum Special Tax assigned to the Original Parcel for any Special Tax Category,the Maximum Special Tax assigned to the Original Parcel shall either be distributed equally on a per-acre basis to the SuccessorParcels or, if multiple Land Use Classes are created by the Subdivision Map, the Maximum Special Tax from the
Original Parcel shall be distributed to each Land Use Class so that the per- acre tax for each Land Use Class has the same
proportional relationship as the Per-Acre Special Taxes in Table 1 and Table 2 above.
c. Some, But Not All, Successor Parcels are SFD Lots
If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some areSFD Lots and some are not, the Administrator shall (i) break out the aggregate Net TaxableAcreage of all SFD Lots separately from the Net Taxable Acreage of other Land Tivoli CFD No. 2024-1, IA No. 1 21 May 31, 2024
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Use Classes, (ii) for the aggregate Net Taxable Acreage of the SFD Lots, apply the steps in Section C.2a to determine the Maximum Special Taxes for each SFD Lot, and (iii) apply the steps in Section C.2b above to determine the Maximum Special Taxes for the other Land Use Classes on the Parcel.

Special Taxes upon subdivision or reconfiguration of Original Parcels, the sum of the Maximum Special Taxes assigned to Successor Parcels shall never be less, but may be more, than the Maximum Special Taxes assigned to the Original Parcels prior to such reallocation.

D. CHANGES TO THE MAXIMUM SPECIAL TAXES

1. Escalation of Special Taxes
1a. One-Time Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be adjusted annually by the Escalation Factor. 1b. Annual Facilities Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum Annual Facilities SpecialTax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table2 above shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
1c. Annual Maintenance Special Tax
On July 1, 2025 and on each July 1 thereafter, the Maximum Annual Maintenance Special Tax assigned to each Parcel and the Per-Acre Special Tax shown in Table 1 and Table 2 above shall be adjusted annually by the Escalation Factor. Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1.

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E. ANNEXATIONS
If, in any Fiscal Year, a property owner within the Future Annexation Area wants to annex propertyinto Improvement Area No. 1, the Administrator shall apply the following steps as part of the annexation proceedings:

Step 1. Working with City staff and the landowner, the Administrator shall determine the Land Use Classes that are expected within the area to be annexed.

Step 3. The Administrator shall prepare and keep on file an updated Attachment 3 that adds the Assessor’s Parcel(s) in the annexed area to the Original Parcels in Improvement Area No. 1.

Step 4. The Administrator shall ensure that a Notice of Special Tax Lien is recorded against all Parcels that are annexed to Improvement Area No. 1.

F. METHOD OF LEVY OF THE SPECIAL TAXES

1. One-Time Facilities Special Tax
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The Maximum One-Time Facilities Special Tax determined pursuant to Sections C and D above shall be levied on all Taxable Property in Improvement Area No. 1 and shall be collected as set forth in Section G below.

Step 1: The Annual Facilities Special Tax shall be levied Proportionately on each Parcel of Developed Property within Improvement Area No. 1 up to 100% of Tivoli CFD No. 2024-1, IA No. 1 26 May 31, 2024
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the Maximum Annual Facilities Special Tax for each Parcel for such Fiscal Year until the amount levied on Developed Property is equal to the Annual Facilities Special Tax Requirement prior to applying any Capitalized Interestthat is available in the CFD accounts.

No Annual Facilities Special Tax shall be levied in any Fiscal Year on Parcels of Undeveloped Property.

3. Annual Maintenance Special Tax
Each Fiscal Year, the Administrator shall determine the Annual Maintenance Special TaxRequirement for the Fiscal Year and levy the Annual Maintenance Special Tax on Parcelsof Taxable Property as follows:

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Special Tax for each Parcel of Taxable Owners Association Property until the amount levied is equal to the Annual Maintenance Special Tax Requirement.

No Annual Maintenance Special Tax shall be levied in any Fiscal Year on Parcels of Undeveloped Property.

The Annual Facilities Special Tax and Annual Maintenance Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, thatprepayments are permitted as set forth in Section I below and provided further that the City may directly bill, collect at a different time or in a different manner, and/or collect delinquent Annual Facilities Special Taxes and Annual Maintenance Special Taxes through foreclosure or other available methods.

H. EXEMPTIONS
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Notwithstanding any other provision of this RMA, no One-Facilities Special Tax or Annual Facilities Special Tax shall be levied in any Fiscal Year on the following: (i) Public Property, except Taxable Public Property, (ii) Owners Association Property, except Taxable Owners Association Property, (iii) Welfare Exemption Property, except Taxable Welfare Exemption Property, and (iv) Parcels of Undeveloped Property. In addition, no Annual Facilities Special Tax shall be levied on (i) Parcels that are owned by a public utility for an unmanned facility, and (ii) Parcels that are subject to an easement that precludes any other use on the Parcel.

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No Annual Maintenance Special Tax shall be levied on the following: (i) Public Property, including Taxable Public Property, (ii) Owners Association Property, including Taxable Owners Association Property, and (iii) Welfare Exemption Property, including Taxable Welfare Exemption Property.

I. PARTIAL PREPAYMENT OF THE ANNUAL FACILITIES SPECIAL TAX The following definitions apply to this Section I:
“Outstanding Bonds” means all Previously Issued Bonds which remain outstanding, withthe following exception: if an Annual Facilities Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Annual Facilities Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula.
“Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.
“Public Facilities Requirement” means either $7.3 million in 2024 dollars, which shall increase on January 1, 2025, and on each January 1 thereafter by two percent (2%) of the amount in effect in the prior year, or such other number as shall be determined by the Cityas sufficient to fund improvements that are authorized to be funded by the CFD. The Public Facilities Requirements shown above will be adjusted each time there is an annexation of property into Improvement Area No. 1.
“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Previously Issued Bonds, developer equity, and any other source of funding.

The AnnualMaintenance Special Tax may not be prepaid. An owner of an Assessor’s Parcel intending to prepay a portion of the Annual Facilities Special Tax obligation shall provide the City Tivoli CFD No. 2024-1, IA No. 1 31 May 31, 2024
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with writtennotice of intent to prepay. Within 30 days of receipt of such written notice, the City or its designee shall notify such owner of the prepayment amount for such Assessor’s Parcel.

Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Annual Facilities Special Taxes. The Prepayment Amount shall be calculated as follows: (capitalized terms as defined below):

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Bond Redemption Amount
plus Remaining Facilities
Amountplus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and
Expensesless Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by applicationof the following steps:

Step 1. Compute the amount that could be collected from the Parcel prepaying the Annual Facilities Special Tax in the Fiscal Year in which prepayment would be received by the City.

Step 2. Divide the Maximum Annual Facilities Special Tax from Step 1 by the current Maximum Annual Facilities Special Tax Revenues.

Step 3. Multiply the quotient computed in Step 2 by the percentage of the Maximum Annual Facilities Special Tax that the property owner wants to prepay, which percentage shall not exceed 75%.

Step 4. Multiply the quotient computed pursuant to Step 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

Step 5.Compute the current Remaining Facilities Costs (if any).

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Step 7. Multiply the Bond Redemption Amount computed pursuant to Step 4 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

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Step 10: Subtract the amount computed pursuant to Step 9 from the amount computed pursuant to Step 8 (the “Defeasance Requirement”).

Step 12. If and to the extent so provided in the Bond Indenture, a reserve fund creditshall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).

Step 14. From the Prepayment Amount, the amounts computed pursuant to Steps 4,7, and 10 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Step 6 shall be deposited into the Improvement Fund. The amount computed pursuant to Step 11 shall be retained in the account or fund that is established to pay Administrative Expenses.

Once a partial prepayment has been received, an Amendment to Notice of Facilities Special Tax Lien shall be recorded against the Parcel to reflect the reduced Facilities Special Tax lien for the Parcel, which shall be equal to the portion of the Maximum Annual Facilities Special Tax that wasnot prepaid, and the Administrator shall update Attachment 2 to show the revised Expected Maximum Annual Facilities Special Tax Revenues. However, an Amendment to Notice of Facilities Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.

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Tivoli CFD No. 2024-1, IA No. 1 36 May 31, 2024
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J. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rates or method of apportioning Special Taxes. In addition, theinterpretation and application of any section of this document shall be left to the City’s discretion.Interpretations may be made by the City by ordinance or resolution for purposes of clarifying anyvagueness or ambiguity in this RMA.

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ATTACHMENT 1
IMPROVEMENT AREA NO. 1 OF THE

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1(TIVOLI)
Tivoli Specific Plan
Land Use Diagram
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ATTACHMENT 2 IMPROVEMENT AREA
NO. 1 OF THE

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1(TIVOLI)
Maximum Special Taxes Assigned to Expected Land Uses
Within Each Original Parcel
Prior to the Transition Year
Event
Adding
Parcel
to CFD
Assessor’s
Parcel
Number
Expected
Land Use /1
Expected
Net Taxable
Acreage
Maximum
One-Time
Facilities
Special Tax
(FY 2024-25) /2
Maximum
Annual
Facilities
Special Tax
(FY 2024-25) /2
Maximum
Annual
Maintenance
Special Tax
(FY 2024-25) /2
CFD
Formation 083-004-059-000 MDR 4.50 $450,000 $61,761 $23,247 CFD
Formation 083-004-060-000 MDR 4.78 $478,000 $65,604 $24,693 CFD
Formation 083-004-068-000 LDR 35.89 $3,589,000 $368,244 $185,408

1. VLDR = Very Low Density Residential, LDR = Low Density Residential, MDR = Medium Density Residential, MHDR = Medium High Density Residential, and NR = Non-Residential

2. The Maximum Special Taxes set forth above shall be adjusted pursuant to Section D of the RMA. #13..
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ATTACHMENT 3
IMPROVEMENT AREA NO. 1 OF THE

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1(TIVOLI)
Original Parcels in Improvement Area No. 1
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: July 2, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Tenth Amendment to Dokken Agreement for State Route 132 West Freeway / Expressway – Phase 1 Project
CONTACT: Toby Wells, Director of Engineering Services / City Engineer, [email protected], 209-571-5542
DESCRIPTION:

Consider approving a Tenth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement by $35,000. (Funding Source: Regional Measure L) STRATEGIC PLAN ELEMENT:

The SR-132 West Freeway/Expressway Project is consistent with the City Council’s 2025-2026 Strategic Plan Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

On May 2, 2017, by Resolution No. 2017-174, the City Council approved an agreement with Dokken Engineering for professional design services in the amount of $6,400,000, plus $600,000 for additional services, for a total contract amount of $7,000,000.

On January 22, 2019, by Resolution No. 2019-01, the City Council approved a First Amendment to the agreement with Dokken Engineering in the amount of $344,096, for a total contract amount of $7,344,096.

On May 7, 2019, by Resolution No. 2019-208, the City Council approved a Second Amendment to the agreement with Dokken Engineering in the amount of $144,422, for a total contract amount of $7,488,518.

On September 24, 2019, by Resolution No. 2019-441, the City Council approved a Third Amendment to the agreement with Dokken Engineering in the amount of $1,363,210, for a total contract amount of $8,851,728.
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City Council, July 22, 2025
Tenth Amendment to Dokken Agreement for State Route 132 West Freeway / Expressway – Phase 1 Project

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On December 8, 2020, by Resolution No. 2020-504, the City Council approved a Fourth Amendment to the agreement with Dokken Engineering in the amount of $304,270, for a total contract amount of $9,155,998.

On April 5, 2022, by Resolution No. 2022-147, the City Council approved a Fifth Amendment to the agreement with Dokken Engineering in the amount of $89,227, for a total contract amount of $9,245,225.

On August 23, 2022, by Resolution No. 2022-349, the City Council approved a Sixth Amendment to the agreement with Dokken Engineering in the amount of $154,858, for a total contract amount of $9,400,083.

On March 14, 2023, by Resolution No. 2023-105, the City Council approved a Seventh Amendment to the agreement with Dokken Engineering in the amount of $98,948, for a total contract amount of $9,499,031.

On October 24, 2023, by Resolution No. 2023-461, the City Council approved an Eighth Amendment to the agreement with Dokken Engineering in the amount of $37,902, for a total contract amount of $9,536,933.

On May 15, 2024, the City requested a Ninth Amendment to the agreement to extend the agreement through August 1, 2025.

DISCUSSION:

Dokken Engineering has provided design support throughout the construction of the State Route 132 project. The project construction is now complete and open to traffic. The construction project was accepted as complete by the City Council on June 24, 2025. With construction complete, the project now moves into the closeout phase. During the closeout phase of the project, staff and the consultant team will work with Caltrans on the final documentation to transfer the properties acquired by the City to Caltrans. Based on the requirements from Caltrans, additional support is necessary to complete the closeout activities.

On May 12, 2025, Dokken Engineering submitted to the City a budget augmentation in the amount of $35,000, for a total contract amount of $9,571,933. The purpose of a requested Tenth Amendment to Dokken Engineering is to support the City during the right of way and relinquishment closeout process of the project. There are multiple parcels that the City acquired for the project which must be transferred to Caltrans and Stanislaus County. This process requires mapping, surveying, and other engineering services best handled by the designer of record.

FISCAL IMPACT:

The Project is supported by a complex matrix of funding sources, each having a variety of requirements and constraints. The Plans, Specifications, and Estimates (PS&E) phase and Right of Way (ROW) phase of the Project is funded by a combination of CFF, County Public Facility Fees (PFF), Regional Measure L, Federal grants and state funds. Funds for the PS&E phase of the project were previously approved and are currently available in Capital Improvement Program (CIP) #100614.
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City Council, July 22, 2025
Tenth Amendment to Dokken Agreement for State Route 132 West Freeway / Expressway – Phase 1 Project

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The $35,000 for the Tenth Amendment to the Dokken Engineering Agreement will be paid from Project #101119 – SR 132 West Expressway. This account was created for the construction phase of the project.

The Tenth Amendment will be funded with Regional Measure L funds under the $31.8M Memorandum of Understanding (MOU) with the Stanislaus Council of Governments (StanCOG) that was presented to City Council as a separate item on September 24, 2019. No additional funding is being requested as part of this amendment as the amendment is being covered by the Regional Measure L funds currently allocated.

DOKKEN ENGINEERING AGREEMENT
Original Agreement, (including Amendments 1-9) $9,536,933 Proposed Tenth Amendment – Dokken Engineering $ 35,000
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,571,933 COMMITTEE RECOMMENDATION:

This project was not presented to committee due time constraints.

CEQA/NEPA REQUIREMENTS:

None
RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving a Tenth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement by $35,000 to a new total amount not to exceed $9,571,933.

Approved by:
_________________
Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. 10th Amendment to Dokken Engineering Agreement

3. Exhibit A-10 and D-10

4. Original Agreement

5. First Amendment

6. Second Amendment

7. Third Amendment
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City Council, July 22, 2025
Tenth Amendment to Dokken Agreement for State Route 132 West Freeway / Expressway – Phase 1 Project

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8. Fourth Amendment

9. Fifth Amendment

10. Sixth Amendment

11. Seventh Amendment

12. Eighth Amendment

13. Ninth Amendment
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07/22/2025/ESD/TWells/Item X 1 2025-XX??

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING A TENTH AMENDMENT TO THE

PROFESSIONAL DESIGN SERVICES AGREEMENT FOR THE STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT WITH DOKKEN ENGINEERING, INCREASING THE AGREEMENT BY $35,000 TO A NEW TOTAL AMOUNT NOT TO EXCEED $9,571,933
WHEREAS, on May 2, 2017, by Resolution No. 2017-174, the City Council approved an agreement with Dokken Engineering for professional design services in the amount of $6,400,000, plus $600,000 for additional services, for a total contract amount of $7,000,000; and
WHEREAS, on January 22, 2019, by Resolution No. 2019-01, the City Council approved a First Amendment to the agreement with Dokken Engineering in the amount of $344,096, for a total contract amount of $7,344,096; and WHEREAS, on May 7, 2019, by Resolution No. 2019-208, the City Council approved a Second Amendment to the agreement with Dokken Engineering in the amount of $144,422, for a total contract amount of $7,488,518; and WHEREAS, on September 24, 2019, by Resolution No. 2019-441, the City Council approved a Third Amendment to the agreement with Dokken Engineering in the amount of $1,363,210, for a total contract amount of $8,851,728; and WHEREAS, on December 8, 2020, by Resolution No. 2020-504, the City Council approved a Fourth Amendment to the agreement with Dokken Engineering in the amount of $304,270, for a total contract amount of $9,155,998; and WHEREAS, on April 5, 2022, by Resolution No. 2022-147, the City Council approved a Fifth Amendment to the agreement with Dokken Engineering in the amount of $89,227, for a total contract amount of $9,245,225; and #14..
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07/22/2025/ESD/TWells/Item X 2 2025-XX??
WHEREAS, on August 23, 2022, by Resolution No. 2022-349, the City Council approved a Sixth Amendment to the agreement with Dokken Engineering in the amount of $154,858, for a total contract amount of $9,400,083; and WHEREAS, on March 14, 2023, by Resolution No. 2023-105, the City Council approved a Seventh Amendment to the agreement with Dokken Engineering in the amount of $98,948, for a total contract amount of $9,499,031; and WHEREAS, on October 24, 2023, by Resolution No. 2023-461, the City Council approved an Eighth Amendment to the agreement with Dokken Engineering in the amount of $37,902, for a total contract amount of $9,536,933; and WHEREAS, on May 15, 2024, the City requested a Ninth Amendment to the agreement to extend the agreement through August 1, 2025; and WHEREAS, Dokken Engineering has provided construction support throughout the construction of the State Route 132 project; and
WHEREAS, the project is now complete and open to traffic; and WHEREAS, on June 24, 2025, by Resolution No. 2025-226, Council accepted the construction project as complete; and
WHEREAS, on May 12, 2025, Dokken Engineering submitted to the City a budget augmentation in the amount of $35,000, for a total contract amount of $9,571,933; and
WHEREAS, the purpose of a requested Tenth Amendment to Dokken Engineering is to support the City during the right of way and relinquishment closeout process of the project; and
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07/22/2025/ESD/TWells/Item X 3 2025-XX??
WHEREAS, there are multiple parcels that the City acquired for the project which must be transferred over either to Caltrans or Stanislaus County; and WHEREAS, this process requires mapping, surveying, and other engineering services best handled by the designer of record.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Tenth Amendment to the Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering increasing the Agreement amount by $35,000, from $9,536,933 to a new total amount not to exceed $9,571,933.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Tenth Amendment in a form approved by the City Attorney. #14..
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07/22/2025/ESD/TWells/Item X 4 2025-XX??
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember___, who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Dokken Engineering -1- City of Modesto
Tenth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project

TENTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Tenth Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Tenth Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $7,000,000, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.

B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” D. On or about September 24, 2019, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the #14..
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Dokken Engineering -2- City of Modesto
Tenth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project compensation amount by $1,363,210.14, and attaching corresponding “Exhibit A-3 to the Third Amendment - Revised Scope of Services” and “Exhibit D-3 – Revised Fee Schedule.” E. On or about December 8, 2020, the parties entered into a Fourth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $304,270.00, and attaching corresponding “Exhibit A-4 to the Fourth Amendment - Revised Scope of Services” and “Exhibit D-4 – Revised Fee Schedule.” F. On or about April 5, 2022, the parties entered into a Fifth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $89,227.00, and attaching corresponding “Exhibit A-5 to the Fifth Amendment - Revised Scope of Services” and “Exhibit D-5 – Revised Fee Schedule.” G. On or about August 23, 2022, the parties entered into a Sixth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $154,858.00, and attaching corresponding “Exhibit A-6 to the Sixth Amendment - Revised Scope of Services” and “Exhibit D-6 – Revised Fee Schedule.” H. On or about March 14, 2023, the parties entered into a Seventh Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $98,947.61, and attaching corresponding “Exhibit A-7 to the Seventh Amendment - Revised Scope of Services” and “Exhibit D-7 – Revised Fee Schedule.” I. On or about September 5, 2023, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $37,902.26. The budget augmentation is attached hereto as “Exhibit A-8 to the Eighth Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-8 – Revised Fee Schedule.” #14..
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Dokken Engineering -3- City of Modesto
Tenth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project J. On or about May 15, 2024, the parties entered into a Nineth Amendment extending the end date to completion of construction contract closeout with Caltrans or August 1, 2025.

K. On or about May 12, 2025, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $35,000. The budget augmentation is attached hereto as “Exhibit A-9 to the Tenth Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-9 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Tenth Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Nineth Amendments to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
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Dokken Engineering -4- City of Modesto
Tenth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit A-5 to the Fifth Amendment – Revised
Scope of Services
g. Exhibit A-6 to the Sixth Amendment – Revised
Scope of Services
h. Exhibit A-7 to the Seventh Amendment – Revised
Scope of Services
i. Exhibit A-8 to the Eighth Amendment – Revised
Scope of Services
j. Exhibit B – Insurance Requirements
k. Exhibit C – Project Schedule
l. Exhibit D – Fee Schedule
m. Exhibit D-1 – Revised Fee Schedule
n. Exhibit D-2 – Revised Fee Schedule
o. Exhibit D-3 – Revised Fee Schedule
p. Exhibit D-4 – Revised Fee Schedule
q. Exhibit D-5 - Revised Fee Schedule
r. Exhibit D-6 - Revised Fee Schedule
s. Exhibit D-7 - Revised Fee Schedule
t. Exhibit D-8 - Revised Fee Schedule
u. Exhibit D-9 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

3. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D6”, Exhibit “D-7”, Exhibit “D-8”, and in Exhibit “D-9”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6”, Exhibit “D-7”, Exhibit “D-8”, and Exhibit “D-9”, including direct salary costs, employee benefits, and overhead.

The City may retain five percent of all periodic or progress #14..
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Dokken Engineering -5- City of Modesto
Tenth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

Consultant agrees to accept a sum not to exceed NINE MILLION,

FIVE HUNDRED SEVENTY-ONE THOUSAND, NINE
HUNDRED THIRTY-TWO AND 36/100 DOLLARS
($9,571,932.36) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A-4 to the Fourth Amendment”, “Exhibit A-5 to the Fifth Amendment”, “Exhibit A-6 to the Sixth Amendment”, “Exhibit A-7 to the Seventh Amendment”, “Exhibit A-8 to the Eighth Amendment”, and “Exhibit A-9 to the Tenth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.

A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6”, Exhibit “D-7”, or Exhibit “D-8” of this
Agreement. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6”, Exhibit “D-7”, Exhibit “D-8”, and Exhibit “D9”, of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6” Exhibit “D-7” Exhibit “D-8”, and Exhibit “D-9”, of this contract. No additional compensation will be paid to
Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance #14..
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Dokken Engineering -6- City of Modesto
Tenth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project with the provisions of Article VI Termination.

C. Consultant shall not commence performance of work or services until this contract has been approved by City and notification to proceed has been issued by City’s Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:

Mr. Toby Wells, c/o
Engineering Services Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5281

4. Section 4.3 “Completion of Agreement” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“4.3 Completion of Agreement: This Agreement shall be completed no later than August 1, 2026, unless extended by amendment.” Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, #14..
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Dokken Engineering -7- City of Modesto
Tenth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project Sixth Amendment, Seventh Amendment, Eighth and Nineth Amendment are expressly reaffirmed and remain in full force and effect.
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Dokken Engineering -8- City of Modesto
Tenth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Tenth Amendment for professional design services by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-____adopted by the Council of the City of Modesto on the 22nd day of July, 2025, and DOKKEN ENGINEERING has caused this Tenth Amendment to be duly executed as of the Effective Date. (Signatures on next page)
Reviewed mm/dd/2025 by XX
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com May 12, 2025
Mr. Toby Wells, PE
City Engineer
City of Modesto, Community and Economic Development Department 1010 Tenth Street, Suite 3100
Modesto, CA 95354
RE: State Route 132 West Freeway/Expressway – Phase 1 Project, Amendment No. 10 Dear Mr. Wells:

The purpose of this letter is to request Amendment No. 10 to the existing SR-132 Design Contract between the City of Modesto and Dokken Engineering to extend the contract date and increase the available contract funds for the construction closeout support of the Phase 1 project. The additional time and budget will allow Dokken Engineering to continue to support the City’s closeout activities with Caltrans District 10 through August 1, 2026.

The existing contract amount, previously approved Amendments and Additional Services Requests, and the contract total are shown in the following table.

Contract Dokken Subconsultants Total
Existing Contract, 5/2/17 $3,433,501.75 $2,966,498.25 $6,400,000.00 Additional Service Requests to date $175,848.85 $424,151.15 $600,000.00 Amendment 1, Landscaping, BCS, Etc. $224,126.12 $119,969.31 $344,095.43 Amendment 2, Utility and Mitigation $130,621.92 $13,800.00 $144,421.92 Amendment 3, Construction Support $1,084,210.14 $279,000.00 $1,363,210.14 Amendment 4, Specialty SubConsultants During Construction$104,270.00 $200,000.00 $304,270.00 Amendment 5, MID Road and
Carpenter / Elm Pedestrians
$78,727.00 $10,500.00 $89,227.00
Amendment 6, Kansas Overlay and
BCS As-Builts
$154,858.00 0 $154,858.00
Amendment 7, 17 Sidewalk Curb
Ramp Replacements on Kansas Ave
$84,947.61 $14,000.00 $98,947.61
Amendment 8, Project Closeout
Support
$22,902.26 $15,000.00 $37,902.26
Amendment 9, Time Extension 0 0 0
Amendment 10, Time Extension $25,000 $10,000 $35,000
Contract Total $5,519,013.65 $4,052,918.71 $9,571,932.36 #14..
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com Please extend the contract duration noted in Article 4.3, Page 10 of the professional services agreement.

It is suggested the agreement be extended to August 1, 2026.

Dokken Engineering is committed to supporting the City in the completion of Phase 1. Please contact me at (916) 719-7123 if additional information is needed.

Sincerely,

DOKKEN ENGINEERING
Matthew N. Griggs, P.E.

Project Manager
File 2320-052
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-9, TO THE TENTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised May 20, 2025
This amendment includes additional design services outside the scope of work of the Phase 1 project.

These additional services are requested by the City.

TASK 41.10 – Amend. 10 Project Closeout Support (HOURLY) Dokken and team will continue design support beyond the original closeout date of the project to support the City of Modesto as requested, but largely related to the following ongoing closeout activities:
1) Dokken to provide support to the City’s right of way agents and City staff for right of way transfers with MID, Stanislaus County and Caltrans.
2) Dokken to support the City in closeout of the agreement with Caltrans and relinquishment of the new freeway to Caltrans. This support may require recollection of files from the design phase for turnover to Caltrans.
3) Under subcontract to Dokken, Northstar Engineering will prepare plat maps and legal descriptions for 2 leave-behind property slivers on parcels the City is transferring to Caltrans. The leave-behind portion of these parcels are being retained by the City of Modesto for local street and utility purposes.
4) Under subcontract to Dokken, Northstar will prepare 18 deeds for the relinquishment of right of way parcels to Caltrans.
5) Under subcontract to Dokken, Northstar will respond to Caltrans comments and revise deeds as requested and appropriate.

Dokken will provide the City with continued project closeout support as the final project construction records are completed and turned over to Caltrans.

End of Amendment No. 10.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-9, Revised Fee Schedule
Matthew Griggs, PE(Project Manager)Amanda Konieczka, PE (Roadway PE)Joe Ostdiek, PE, TE (Senior Traffic Engineer)Ashley Orsaba-Finders, PE (Senior Engineer)E. Espinoza, F. Enriquez,(PE, Senior Engineers)Martin Maechler, PE(Senior Engineer) Associate EngineerAssistant Engineer Billing Rate $282.74 $220.54 $226.20 $245.99 $226.20 $265.78 $178.13 $138.54 TASK 41 - ADDITIONAL DESIGN SUPPORT 10 36 2 2 8 8 16 46 128 10,000 $34,870.16 128 $10,000.00 $34,870.16

41.10 - Project Closeout Support to City 10 36 2 2 8 8 16 46 128 10,000.00 $34,870.16 128 $10,000.00 $34,870.16 TOTAL HOURS 10 36 2 2 8 8 16 46 128 128
TOTAL COST $ 2,827 $ 7,939 $ 452 $ 492 $ 1,810 $ 2,126 $ 2,850 $ 6,373 $10,000 $34,870.16 $10,000.00 $34,870.16 Total Hours Direct Costs Total Cost GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS 5/20/2025, Revised

DOKKEN TOTALS

TASK DESCRIPTION
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Third Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project

THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Third Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Third Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, and “Exhibit A-3 to the Third Amendment”,
incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised Scope of #14..
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Third Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Services
c. Exhibit A-2 to the Second Amendment – Revised Scope
of Services
d. Exhibit A-3 to the Third Amendment – Revised Scope
of Services
e. Exhibit B – Insurance Requirements
f. Exhibit C – Project Schedule
g. Exhibit D – Fee Schedule
h. Exhibit D-1 – Revised Fee Schedule
i. Exhibit D-2 – Revised Fee Schedule
j. Exhibit D-3 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, and in Exhibit “D-3”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, and Exhibit “D-3”, including direct salary costs, employee benefits, and overhead.

The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

Consultant agrees to accept a sum not to exceed EIGHT

MILLION, EIGHT HUNDRED FIFTY-ONE THOUSAND,
SEVEN HUNDRED TWENTY-SEVEN AND 49/100
DOLLARS ($8,851,727.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, and
“Exhibit A-3 to the Third Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.
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Third Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, or “D-3” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and
deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, and Exhibit “D-3” of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D2”, and Exhibit “D-3” of this contract. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:
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Third Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, and Second Amendment are expressly reaffirmed and remain in full force and effect.
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 1
EXHIBIT A-3 TO THE THIRD AMENDMENT

REVISED SCOPE OF SERVICES
Revised June 11, 2019
The following scope of work includes design and environmental support during the construction process. These services include design, utility and environmental services necessary to support construction of the project, maintain permit/agreement conditions and close out the project.

All work included herein will be billed on an hourly basis.

TASK 30 REQUESTS FOR INFORMATION (HOURLY)
Task 30.1 Respond to Requests for Information (RFI’s)
Dokken Engineering (Dokken) will provide on-going consultation and interpretation of contract documents, as requested.

Written responses will be provided to all requests for information (RFI’s), and supplemental or revised drawings may be issued to provide clarity to the Resident Engineer (RE) and Contractor. Developing change orders or plans for change orders is also made a part of this task.

Dokken will maintain a log of open and recently closed RFI’s to ensure timely response and progress on all RFI’s. Dokken will provide our responses to the Caltrans Construction Engineer (Harminder Deol) as well.

Task 30.2 RFI Support from Sub-Consultants
Sub consultants Wreco, Drake-Haglan, Y&C, Geocon and O’Dell will be available as requested to respond to RFI’s transmitted to them from Dokken. Dokken will review the responses from our sub consultants for completeness and clarity prior to transmitting them to the City, Caltrans and WSP. Responses will be recorded on the monthly progress report and retained for as-built plan preparation
Task 30.3 Site Visits to Address RFI’s and Coordination Dokken will schedule and attend periodic site visits throughout the project to answer questions, offer insight related to the numerous unique project conditions and sign off RFI’s. It is anticipated that site visits may occur weekly in times of heavy progress and then only occur bi-weekly when less construction activity is occurring.

TASK 31 REVIEW OF SHOP DRAWINGS
(HOURLY)
Task 31.1 Review Shop Drawings
Deliverables – Task 30
 Written Response to RFI’s
 Revised Plans to Clarify RFI’s
 RFI Log Update Monthly or more frequently
 Change Order Plans
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 2
Dokken will review submittal drawings and stamp them as returned for corrections, approved as noted, or approved. For the bridges, submittal reviews are anticipated for permanent structure elements such as piling, bearings, joint seals, utility hangers, overhead signs, waterlines, light poles, aesthetics, and post-tensioning. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated. Submittals will be copied to Caltrans as requested by the Resident Engineer.

Dokken cannot review shop drawings for bridge falsework.

Task 31.2 Review of Shop Drawings for Pump Station
Wreco will review shop drawings for the pump station and stamp them as returned for corrections, approved as noted or approved. Submittal reviews are anticipated for pumps, control equipment, metal fabrication, railings, hardware, lighting electrical equipment and other major appurtenances related to the pump station. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Task 31.3 Review of Shop Drawings for Electrical and ITS Y&C will review shop drawings for the electrical/ITS and stamp them as returned for corrections, approved as noted or approved. Submittal reviews are anticipated for traffic signals, street lighting, CMS, TMS, Fiber Optics, and camera systems. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Task 31.4 Review of Shop Drawings for 54” Sewer, Landscape and Irrigation O’Dell will review shop drawings sewers, landscape, hardscape and irrigation for compliance with the project design and special provisions. Submittal review are anticipated for 54” sewer shop drawings, irrigation, and landscaping. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Deliverables – Task 31
 Stamped Shop Drawing Reviews
 Stamped Subsequent Reviews to Confirm Corrections
TASK 32 ENVIRONMENTAL CONSTRUCTION SUPPORT (HOURLY)
Based on Dokken Engineering’s understanding of the scope of work for construction support, the following tasks are assumed to be completed by the contractor or CM team:

1. Cultural monitoring (paleontology) during excavation – CM team

2. Biological monitoring – Contractor furnished

3. Inspection of BCS/ADL relocation – CM team (with subconsultant Geocon)

4. Hazardous materials in buildings to be demolished – CPSI and City The following scope of work will be provided by Dokken’s environmental team to provide additional environmental construction support services to ensure the City fully meets the CEQA, NEPA, and permit commitments for the project. #14..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 3
Task 32.1 General Environmental Construction Support
Dokken will be responsible for general environmental construction support and monitoring as required by the environmental document in support of the City’s needs. This task involves periodic inspection of the construction site to ensure all environmental commitments are being adhered to by the City and its contractors. Monitored commitments may include maintenance of Environmentally Sensitive Area (ESA) fencing, monitoring during initial ground disturbing activities, coordination with City, Caltrans, CM, and contractor staff, and managing the project’s Environmental Commitment Record to track commitments as they are completed throughout construction. Dokken will also coordinate with the Contractor supplied biologist to ensure that all biological monitoring commitments are met. Dokken biologists will be available on-call for any unexpected discovery or emergency situation during construction. Dokken will provide agency coordination for start of construction, emergency management, and construction close out notification, as needed.

Deliverables – Task 32
 Completed Environmental Commitment Record tracking all mitigation and other measures throughout construction.
 Environmental Construction Support Monitoring Reports  Agency Notification Records
TASK 33 RELINQUISHMENT SUPPORT (HOURLY)
Task 33.1 Plat Maps and Legal Descriptions for 4 Parcel Adjustments Northstar will prepare plat maps and legal descriptions for 4 parcels to prepare them for the final right of way disposition.

Parcels to be considered include:
1) City needs an easement for the 54” sanitary sewer to be retained from the future Caltrans basin acquired from parcels 20 and 101.
2) City should request the State excess more width along Emerald avenue and a plat and legal should be prepared to accompany the relinquishment negotiations.
3) Plats and legals for the state to relinquish the areas outside the access control along Carpenter to MID or the City where the steel poles are located.
4) A right of way adjustment between the State, City and Mitchell (Parcel No. 33) may be desired.

Not included in this proposal are the final Record of Survey, Relinquishment Maps, monumentation of the right of way, right of way maps, and monumentation of the alignments. Proper scoping of these services is anticipated to require several meetings and negotiation with Caltrans District 10. #14..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 4
Task 33.2 Relinquishment Support
Dokken will provide support to the City and Caltrans in preparing right of way adjustments on and around new SR-132 and relinquishment support for the existing SR-132, “Maze Boulevard”. Support from Dokken may include attending meetings, discussing relinquishment related to the 4 locations noted above in Task 33.1. At these properties along the new SR-132 a division between permanent State right of way and property in fee to be retained by the City should be identified.

TASK 34 UTILITY SUPPORT (HOURLY)
Task 34.1 Utility Support
Dokken will support the City and RE as requested with background information and coordination for planned utility relocations during construction. Support may include discussing potholing findings and research prior to construction, coordinating ongoing relocations with the utility companies, revising details to accommodate any change conditions for the utilities and supporting the City to comply with the utility agreements.

TASK 35 AS BUILT PLAN PREPARATION (HOURLY)
Task 35.1 Prepare As-Built Plans
Using mark-ups received from the RE and supplemental or revised drawings from addenda or RFI’s, Dokken will prepare the final record drawings. These drawings will be prepared electronically in Microstation format and provided on a CD and in both full and half size copies on bond paper.

Prior to preparing the full set of as-built plans, Dokken will meet with District 10 to discuss requirements of the as-built drawings and to clarify conflicting requirements in the Caltrans manuals and policies. Dokken will prepare minutes of the meeting and request definitive concurrence from District 10 of the as-built drawing requirements prior to preparing all the changes to the plan sheets.

Completed as-built plans will be submitted to the City of Modesto, Caltrans District 10/6, and Stanislaus County.

Deliverables – Task 35
 As-Built Plans (11x17) Electronic and Hard Copy Files

END OF PROPOSAL
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City Resoluion No.: 2017-174
CONSULTANT: Dokken Engineering Date: July 10, 2019

DIRECT LABOR
Classification Name Range Hours Total
Project Manager Matthew Griggs, PE $50.00 - $90.00 596 @ $ 82.00 $ 48,872.00 Senior Engineer Martin Maechler, PE $50.00 - $90.00 848 @ $ 71.00 $ 60,208.00 Associate Engineer Eric Espinoza, PE $40.00 - $65.00 1,128 @ $ 52.00 $ 58,656.00 Roadway Project Engineer Richard Sanders, PE $40.00 - $65.00 1,550 @ $ 44.00 $ 68,200.00 Senior Engineer Staff $50.00 - $90.00 516 @ $ 63.00 $ 32,508.00 Associate Engineer Staff $40.00 - $65.00 1,032 @ $ 52.00 $ 53,664.00 Assistant Engineer Staff $30.00 - $50.00 912 @ $ 38.00 $ 34,656.00 Land Surveyor Terry Fletcher, LS $40.00 - $60.00 0 @ $ 55.00 $ - Environmental Manager Namat Hosseinion $50.00 - $90.00 20 @ $ 80.00 $ 1,600.00 Senior Environmental Planner Tim Chamberlain $40.00 - $65.00 60 @ $ 52.00 $ 3,120.00 Associate Environmental Planner Staff $30.00 - $50.00 40 @ $ 42.00 $ 1,680.00 Environmental Planner/Biologist Staff $20.00 - $45.00 120 @ $ 34.00 $ 4,080.00 Senior CAD Detailer Staff $40.00 - $65.00 224 @ $ 59.00 $ 13,216.00 Engineering Technician Staff $19.00 - $40.00 120 @ $ 25.00 $ 3,000.00 @ $ - $ -
Subtotal Direct Labor Costs $ 383,460.00
Anticipated Salary Increases $ -
Total Direct Labor Costs $ 383,460.00
Rate Total
Fringe Benefit 72.19% $ 276,819.77
Total Fringe Benefits $ 276,819.77
Indirect Costs Rate Total
General and Administrative 78.01% $ 299,137.15
Overhead 6.84% $ 26,228.66
Total Indirect Costs $ 325,365.81
FEE (Profit) ( 10.00% ) Total Fee (Profit) $ 98,564.56
OTHER COSTS (TO BE INVOICED AT ACTUAL COST) Quantity Unit Rate Total • Subconsultant RFI Responses *(for 25%) 200000 $ 1.00 $ 200,000.00 • Wreco Shop Drawings * 25000 $ 1.00 $ 25,000.00
• O'Dell Shop Drawings 20000 $ 1.00 $ 20,000.00
• Y&C Shop Drawings * 25000 $ 1.00 $ 25,000.00
• Northstar Plats 8000 $ 1.00 $ 8,000.00
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• Outside Reproduction 10,000 11 X 17 sheets $ 0.10 $ 1,000.00 Total Other Costs $ 279,000.00
TOTAL - Dokken Engineering $ 1,363,210.14
SUBCONSULTANT COSTS Total
• Included as ODC $ -
• $ -
• $ -
• $ -
• $ -
* DBE Firm DBE Participation: 7.3% TOTAL - Subconsultants $ - TOTAL COST - NOT TO EXCEED $ 1,363,210.14
EXHIBIT 10-H AMENDMENT 3 COST PROPOSAL
SR-132 Phase 1 Freeway/Expressway Project
EXHIBIT D-3 - Revised Fee Schedule
City of Modesto
Initial
Hourly
Rate
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SR-132 West Freeway/Expressway Phase 1 Project
Exhibit D-3 - Revised Fee Schedule
Revised July 10, 2019

DOKKEN ENGINEERING
TASK
Matthew Griggs(Project
Manager)
Martin Maechler, PE(Senior Engineer)Eric Espinoza, PE(Associate Engineer)Richard Sanders, PE(Associate Engineer)Senior Engineer Associate Engineer
Assistant EngineerNamat Hosseinion (Environmental Manager)Tim Chamberlain (Senionr Environmental Planner)Associate Environmental SpecialistEnvironmental Planner/ Biologist Senior
CADD/Detailers
Engineering
Technician
$231.85 $200.75 $147.03 $124.41 $178.13 $147.03 $107.44 $226.20 $147.03 $118.75 $96.13 $166.82 $70.69 TASK 30 - REQUESTS FOR INFORMATION (Hourly) 400 512 560 1128 452 560 504 64 40 4,220 $200,000.00 $848,693.90

30.1 Respond to RFI's 240 400 360 840 400 560 480 64 40 3,384 $512,038.07

30.2 RFI Support from Sub-Consultants 40 32 40 48 20 180 $200,000.00 $231,113.15

30.3 Site Visits to Address RFI's and Coordination 120 80 160 240 32 24 656 $105,542.68 TASK 31 - REVIEW OF SHOP DRAWINGS (Hourly) 48 280 136 274 64 440 1,242 $70,000.00 $267,513.65

31.1 Review of Shop Drawings 36 240 120 200 40 440 1,076 $170,867.85

31.2 Review of Shop Drawings for Pump Station (Wreco) 4 24 10 24 62 $25,000.00 $36,264.52

31.3 Review of Shop Drawings for Electrical and ITS (Y&C) 4 16 8 24 52 $20,000.00 $28,301.36

31.4 Review of Shop Drawings for 54" Sewer, Landscape and Irrigation (O'Dell) 4 8 40 52 $25,000.00 $32,079.91 TASK 32 - ENVIRONMENTAL CONSTRUCTION SUPPORT (Hourly) 20 60 40 120 240 $29,631.57

32.1 General Environmental Construction Support 20 60 40 120 240 $29,631.57 TASK 33 - RELINQUISHMENT SUPPORT (Hourly) 64 72 8 144 $8,000.00 $32,655.28

33.1 Plat Maps and Legal Descriptions for 4 Parcel Adjustments 16 32 8 56 $8,000.00 $16,550.18

33.2 Relinquishment Support 48 40 88 $16,105.10
TASK 34 - UTILITY SUPPORT (Hourly) 64 16 400 20 160 660 $96,540.11

34.1 Utility Support 64 16 400 20 160 660 $96,540.11
TASK 35 - AS BUILT PLAN PREPARATION (Hourly) 20 40 32 56 32 240 160 80 660 $1,000.00 $88,175.63

35.1 Prepare As-Built Plans 20 40 32 56 32 240 160 80 660 $1,000.00 $88,175.63 TOTAL HOURS 596 848 1,128 1,550 516 1,032 912 20 60 40 120 224 120 7,166 TOTAL COST $138,182.65 $170,234.51 $165,846.32 $192,831.41 $91,914.42 $151,731.74 $97,987.76 $4,523.90 $8,821.61 $4,750.10 $11,535.96 $37,367.45 $8,482.32 $279,000.00 $1,363,210.14 Total HoursDirect Costs

GRAND TOTAL - TOTAL
COSTS
TOTALS
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Dokken Engineering
Agreement for Design Services for State Route 132 West Freeway/Expressway - Phase 1 Project July 10, 2019
AUTHORIZED ORIGINAL BASE AGREEMENT: $6,400,000.00 Council approved 5/2/17 ADDITIONAL SERVICES, IF NEEDED: $600,000.00
TOTAL COMPENSATION: $7,000,000.00
FIRST ADDITIONAL SERVICES REQUEST: ($57,963.53) CM signed 9/28/17 SECOND ADDITIONAL SERVICES REQUEST: ($131,007.00) CM signed 11/3/17 THIRD ADDITIONAL SERVICES REQUEST: ($155,976.00) CM signed 1/25/18 FOURTH ADDITIONAL SERVICES REQUEST: ($197,237.00) CM signed 8/23/18 FIFTH ADDITIONAL SERVICES REQUEST: ($57,816.47) CM signed 12/31/18 ADDITIONAL SERVICES REMAINING: $0.00
FIRST AMENDMENT TO AGREEMENT: $344,095.43 Council approved 1/22/19 SECOND AMENDMENT TO AGREEMENT: $144,421.92 Council approved May 7, 2019 THIRD AMENDMENT TO AGREEMENT: $1,363,210.14
REVISED TOTAL AGREEMENT: $8,851,727.49
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Fourth Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project

FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Fourth Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Fourth Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, and
“Exhibit A-4 to the Fourth Amendment”, incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:

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Fourth Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project “2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit B – Insurance Requirements
g. Exhibit C – Project Schedule
h. Exhibit D – Fee Schedule
i. Exhibit D-1 – Revised Fee Schedule
j. Exhibit D-2 – Revised Fee Schedule
k. Exhibit D-3 – Revised Fee Schedule
l. Exhibit D-4 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and in Exhibit “D-4”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

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Fourth Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant agrees to accept a sum not to exceed NINE MILLION,

ONE HUNDRED FIFTY-FIVE THOUSAND, NINE
HUNDRED NINETY-SEVEN AND 49/100 DOLLARS
($9,155,997.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, and “Exhibit A-4 to the Fourth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.

A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3”, or “D-4” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4” of this contract. The hourly price paid to Consultant will include compensation for all work and
deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D4” of this contract. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #14..
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Fourth Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:

Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, and Third Amendment are expressly reaffirmed and remain in full force and effect.

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DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 504 8th
December
1/27/2021
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-4, TO THE FOURTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised October 8, 2020
The following Scope of Services is for miscellaneous, not-typical, design services requested during construction and for additional design services related right of way support, claim support, and right of way close out surveying. Approximately 2/3rds of these services are pass-through costs through Dokken to sub-consultants for specialty construction support services.

TASK 36 – Melton Olmsted Structure Modifications (HOURLY) Burne Engineering (Burne) will prepare structure modification plans for the industrial building on APN 029-015-008, Melton and Olmsted Enterprises Incorporated. The City has acquired a portion of the existing property. A metal industrial building lies on the portion of the parcel acquired and on the remainder retained by the owner. Burne will prepare plans to remove that portion of the building that lies in the recently acquired project right of way and reface the remainder of the building. Burne will prepare plans, submit the design to the City Building Department, address comments from the City and obtain a City Building Permit.

Dokken will respond to comments from the City stormwater reviewer and provide notes to Burne to be added to the plans to address stormwater management.

Task 37 – Surveying During Construction (HOURLY)
Northstar Engineering will perform survey services during the construction period. These services are to be initiated only upon request by the City and may include any of the following: 1) additional plat maps and legal descriptions necessary for final disposition of parcels, 2) quality assurance surveys to check staking by the Contractor surveyor, 3) staking of final rights of ways or property lines, or other survey support services requested by the City.

Task 38 – Cathodic Protection (LUMP SUM)
MurraySmith and V&A Consulting Engineers will develop cathodic protection details for the City of Modesto ductile iron pipe waterlines in the roadway and bridge on Rosemore Avenue and Carpenter Road.

MurraySmith:

Project Management: This task is to monitor the progress of the contract, coordinate with staff from Dokken Engineering, coordinate with V&A Engineering, and address issues that may come up in the course of performing the work. It also includes monitoring budgets and progress billing to confirm the project stays within scope and budget.
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
Document Review: Review the contract documents in detail relative to the water pipeline relocation and installation, confirming material selection, connections to existing watermains, material compatibility and overall functionality of the cathodic protection system.

Plans and Specifications: Review the proposed cathodic protection plans and specifications prepared by V&A Engineering and confirm their compatibility with existing and proposed conditions. Make recommendations as required and provide supplementary specifications if necessary for isolation joints. Identify the most suitable locations for cathodic test stations and anodes if necessary.

Prepare an estimated cost of the resulting corrosion protection items.

V&A Consulting Engineers, Inc.

1. Project Management: The objective of this task is to track and execute the project in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities:
a. Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; manage activities within total project budget.
b. Monitor project activities for potential changes and anticipate changes whenever possible; with approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule.
c. Manage the quality of all work activities and project deliverables.

2. Document Review: Review alignment, geotechnical information, and preliminary plans and specifications for pipeline design.

3. Pipeline Corrosion Control within Bridge Letter: Prepare a letter discussing and recommending corrosion control for the ductile iron water pipelines within the bridge (not exposed to soil). It is understood that this piping will be installed first and, therefore, there is high priority on issuing these recommendations as soon as possible. A draft electronic copy of the report will be submitted for review.

Comments will be incorporated, and a final electronic copy will be provided.

4. In-situ Soil Resistivity Testing: Measure soil resistivity using the Wenner four-electrode method along the proposed alignments. The resistivity testing will be conducted at three locations along Rosemore Avenue and three locations along Carpenter Road to a depth of 20 feet below grade or the proposed pipeline depth, whichever is shallower.

5. Soil Corrosivity Report: Prepare a soil corrosivity report with V&A’s interpretation and analysis of the soil resistivity testing and chemical analysis. The degree of corrosivity of the soil will be discussed with respect to ductile iron pipes. Recommendations will be made for corrosion control of the ductile iron water pipelines. A draft electronic copy of the report will be submitted for review. Comments will be incorporated, and a final electronic copy will be provided.

6. Plans and Specifications: Prepare plans and technical specification Section 13 47 13, “Cathodic Protection,” for the cathodic protection system or Section 13 47 13, “Corrosion Monitoring,” for the #14..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
corrosion monitoring system, depending on which system is recommended in the Soil Corrosivity Report.

Plans will be prepared in AutoCAD and will be provided in PDF format. Plans and specifications will be prepared for the 100% submittals. One round of comments will be addressed at each submittal.

7. Technical Assistance: Provide up to 8 hours of technical assistance and participation in conference calls, as required.

Task 39 – Groundwater Level Measurements (EACH, LUMP SUM) Aaron’s Well Drilling, Inc (Stackhouse Johns) will perform soundings for groundwater depth at well locations near the project upon authorization from Dokken and written permission from the owner. The cost provided by Aaron’s is $400 for each measurement to be billed to Dokken Engineering in a lump sum amount for each test.

The City will arrange for permission to enter the properties of the well owners.

Task 40 – Site Reviews for ADA Compliance (HOURLY)
Sally Swanson Architects (SSA) will provide on-call ADA access compliance consulting services to the City of Modesto upon request. SSA will be working under the direct authorization of Dokken Engineering.

Services may include but not limited to the following:
• Preliminary review of ADA project scoping.
• On-site or conference construction meeting(s) with project team to resolve difference in design access philosophy as requested.
• Site accessibility survey and report.
• Accessibility plan review.
• Assessing, evaluating and documenting (narrative/report) ADA code compliance issues. • Pre-installation field visit(s) as requested.
• On-site constructability or peer review services to support construction schedule as requested.
• Access compliance plan review of addendum and change order. • Assist project team to resolve any ADA issues may arise in the filed during construction Phase. • Provide interpretation of guidelines and regulations. • Accessibility punch-list walk and report for completed or on-going constructions. • Other ADA technical assistance/consultation via telephone or conference call.

Dokken will assist with coordination of the ADA services and process invoicing and payments for SSA.

Task 41 – Additional As-Needed Design Support (HOURLY)
Dokken Engineering and our subconsultants will provide ongoing design support to the City of Modesto and the Resident Engineer. The survey close-out tasks are anticipated to be performed by Northstar Engineering.

This task may include any of the following work items as requested or as needed:
· Support to the City for Right-of-Way transfers and close out with Caltrans #14..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
· Property Transfer Deed Legal Descriptions
· Post Construction “After Condition” Record of Survey
· Updated Caltrans Right-of-Way Map
· Relinquishment Support – for meeting with Caltrans, agreement review / support, property exchanges with the Department, preparation of exhibits or mapping · Claim Support – engineering support from the design team to evaluate the merit and or value of potential claims.
· Other as-needed design engineer requests
End of Amendment No. 4.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL SUBCONTRACTED TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-4, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Juann Ramos, PE Senior Engineer Associate Engineer
Assistant Engineer
Administration/Clerical
PrincipalProject Manager andSr. Technical ArchitectSr. Policy SpecialistSr. Access ConsultantDrafter or Technical StaffClerical $226.20 $183.78 $147.03 $93.31 $70.69 $225.00 $160.00 $185.00 $125.00 $110.00 $75.00 TASK 36 - Melton Olmsted Structure Modification (Hourly) 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52

36.1 Melton Olmsted Structure Modification 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52 TASK 37 - Surveying During Construction (Hourly) 6 3 9 $10,000 $11,094 9 $10,000 $11,094

37.1 Surveying During Construction 6 3 9 $10,000 $11,094 9 $10,000 $11,094 TASK 38 - Cathodic Protection 2 20 16 5 43 $30,600 $35,839 43 $30,600 $35,839

38.1 Design of Cathodic Protection, Dokken (Hourly) 2 20 16 5 43 $5,239 43 $5,239

38.2 Design of Cathodic Protection - Murray Smith (Lump Sum) $30,600 $30,600 - $30,600 $30,600 TASK 39 - Groundwater Level Measurements 2 6 2 10 $2,400 $3,876 10 $2,400 $3,876

39.1 Sounding Coordination & Well Research (Hourly) 2 6 2 10 $1,476 10 $1,476

39.2 Groundwater Soundings (Each, Lump Sum) $2,400 $2,400 - $2,400 $2,400 TASK 40 - Site Reviews for ADA Compliance (Hourly) 4 12 8 8 32 $4,851.89 20 60 40 160 20 20 320 4,800 50,000 352 $4,800 $54,852

40.1 Site Reviews for ADA Compliance 4 12 8 8 32 $4,852 20 60 40 160 20 20 320 4,800 50,000 352 $4,800 $54,852 TASK 41 - Additional Design Support (Hourly) 60 60 400 60 20 600 $100,000 $190,421.53 600 $100,000 $190,422

41.1 Additional As Needed Design Support 60 60 400 60 20 600 $100,000 $190,421.53 600 $100,000 $190,422 TOTAL HOURS 72 72 440 76 42 702 20 60 40 160 20 20 320 1,022 TOTAL COST 16,286$ $ 13,232 $ 64,692 7,091$ $ 2,969 $150,000 $ 254,270 4,500$ 9,600$ 7,400$ 20,000$ 2,200$ 1,500$ 4,800 50,000 $ 154,800 $ 304,270 Total Hours Total Cost Direct CostsGRAND TOTAL - TOTAL
COSTS

GRAND TOTAL - DIRECT
COSTS
SALLEY SWANSON ARCHITECTS INC.

GRAND TOTAL - HOURS
Total Hours Total Costs Direct Costs
October 8, 2020

DOKKEN TOTALS
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-5, TO THE FIFTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised February 16, 2022
This amendment includes additional design services outside the scope of work of the Phase 1 project.

These additional services are requested by the City to support public and MID requests for additional project features.

TASK 30.6 – Pedestrian Enhancements at Carpenter / Elm Intersection (HOURLY) There are four parts to this task: 1) meeting and preparing exhibits to establish the approved course(s) of action, 2) preparing plans for the restriping of southbound Carpenter Road, 3) preparing plans and quantities for design improvements to the Carpenter Road / Elm Avenue Intersection and 4) reviewing shop drawings for a new hybrid beacon.

Dokken will prepare an exhibit to assist the City in reaching consensus on the improvements to be made and attend meetings as needed to develop the change order plans.

Dokken will prepare change order plans and quantities to implement a restriping concept for Carpenter Road per the concept design prepared by the City of Modesto. This restriping concept may contain elements such as removal of the Carpenter Road median and the addition of sidewalk to the west side of the bridge.

Dokken will further prepare plans and quantities for improvements to the Carpenter Road / Elm Avenue intersection to improve pedestrian safety to and from neighborhoods along Elm Avenue and Shirley Court west of Carpenter Road. The improvements will include the following:
1) Overhead pedestrian activated hybrid beacon over the Carpenter Road crosswalk 2) Asphalt concrete landing pad and walking path along Elm Avenue from Carpenter Road to Shirley Court
3) New crosswalk across Elm Ave to Shirley Court
4) New concrete curb ramp at the southwest corner of Elm Ave / Shirley Court 5) Revised striping for Carpenter Road crosswalk, signing and advance striping for the hybrid beacon 6) Arrange for electrical signal connection to tie into the existing Elm Ave streetlight circuit Assumptions:
1) Electrical power for the hybrid beacon will come from the City lighting circuit on Elm Avenue and no new service connection to MID will be required.
2) No survey or ROW services are needed.

Task 30.7 – MID / Wagner Road Extension (HOURLY)
Dokken will participate in negotiations with the City, MID, Wagner representatives, and Caltrans to support resolution of a expanded design for the Wagner / MID access road. Participation will include site visits, meetings, the preparation of exhibits, surveys, plans to accommodate the desired access within areas inside and outside the existing MID easements, all while considering orchard operations. #14..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
Dokken will design an additional 1,100-foot segment of the MID / Wagner Road from North Dakota to MID Tower #103. Dokken will design truck turn-around at Tower #103 and ingress /egress from the access road onto N. Dakota and eastbound SR-132. The new access road segment will be 12’ wide in a 16’ ROW, fenced on both sides.

Northstar will stake the existing toe of the proposed MID access roadway, survey the elevations of the existing road and prepare a plat map and legal description for transfer of the 16-foot section in fee or easement from the City to MID.

Dokken will detail the removal and reconstruction of the existing access road from Tower #103 to the tower near the City’s 54” sewer truck line. The design will show removal of the 16-foot access road and construction of a new low-profile 20-foot access road for 5,400 feet.

Assumption:
1) City legal consultant will handle obtaining signature and recording of the right of way transfer with the completion of the agreement.

End of Amendment No. 5.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-5, Revised Fee Schedule
TASK Matthew Griggs, PE (Project Manager) Richard Sanders, PE (Roadway PE) Joe Ostdiek, PE, TE (Senior Traffic Engineer) Ashley Orsaba-Finders, PE (Senior Engineer) A. Konieczka, E. Espinoza, F. Enriquez, (PE, Senior Engineers) Martin Maechler, PE (Senior Engineer) Associate Engineer Assistant Engineer Right of Way Manager Right of Way Specialist Environmental Manager Senior Environmental Planner Senior CADD/Detailer Engineering Technician Administration/Clerical $254.47 $155.51 $189.44 $180.96 $172.47 $220.54 $155.51 $113.10 $183.78 $147.03 $212.06 $152.68 $169.65 $84.82 $98.96 TASK 30 - REQUESTS FOR INFORMATION 44.00 172.00 40.00 24.00 20.00 200.00 15.00 12.00 527.00 $10,443.45 $89,227.24

30.6 Pedestrian Enhancements at Carpenter / Elm Intersection 20.00 64.00 40.00 12.00 20.00 80.00 4.00 6.00 246.00 $2,409.52 $40,438.59

30.7 MID / Wagner Road Extension 24.00 108.00 12.00 120.00 11.00 6.00 281.00 $8,033.93 $48,788.65 -
TOTAL HOURS 44.00 172.00 40.00 24.00 20.00 200.00 15.00 12.00 527.00 TOTAL COST $ 11,197 $ 26,748 $ 7,578 $ - $ 4,139 $ - $ 3,110 $ 22,620 $ - $ 2,205 $ - $ - $ - $ - $ 1,188 $ 10,443 $ 89,227 2/16/2022, Revised

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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: 642F4957-B2F1-4E4B-9FED-4B88B6B83FD4

DOKKEN ENGINEERING

MATT GRIGGS
68-0099664

VICE PRESIDENT

CATHY CHAN SECRETARY
4/4/2023
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-7, TO THE SEVENTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised February 8, 2023
This amendment includes additional design services outside the scope of work of the Phase 1 project.

These additional services are requested by the City.

Dokken will prepare the design of 19 curb ramps between Morse Road and Carpenter Road (5,500 feet) on Kansas Avenue to facilitate the pavement rehabilitation. The plans will include 150 feet of infill sidewalk.

There are six elements to this work covered in the tasks below:
1) Obtain topographic survey of all areas to be affected by construction of sidewalk and curb ramps.
2) Review the existing curb ramps features including slopes, landings, clear widths, drainage, visual and tactile warnings.
3) Review right of way constraints to verify new improvements will be within project ROW. 4) Prepare an environmental revalidation for the extended project limits and obtain Caltrans approval (assuming no additional technical studies are required). 5) Review existing drainage flow patterns to verify gutter flowlines terminate into existing inlets. 6) Prepare plans and quantities for the reconstruction of 19 curb ramps along Kansas Avenue from Morse Road to Carpenter Road.

TASK 41.7 – Kansas Ave ADA Curb Ramps and Sidewalk (HOURLY) DESIGN:

Dokken will conduct a field visit making note of which curb ramps are ADA compliant and which ones are non-conforming. Dokken will create a summary report based on the field measurements and findings.

Dokken will review the project Right of Way mapping and evaluate which curb ramp locations require TCE.

Dokken will review the existing gutter flowlines to ensure the reconstruction of the curb ramps do not change the existing drainage patterns. With the exception of possibly adding new inlets to existing vertical rock well drains, it is assumed the existing local street drainage will be unchanged.

Dokken will review the existing electrical systems impacted by the Dokken designed ADA curb ramps but no electrical design is anticipated. With the exception of possibly detailing, the replacement of existing signal detection loops and push button relocations.

Dokken will prepare change order plans and quantities to implement reconstruction of non-conforming ADA curb ramps along Kansas Avenue from North Dakota Avenue to Carpenter Road. The change order plans will include updated layout sheets, new construction detail sheets, and new quantity sheets.

DocuSign Envelope ID: 642F4957-B2F1-4E4B-9FED-4B88B6B83FD4 #14..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1

ENVIRONMENTAL REVALIDATION
Supplemental Cultural Documentation: While the majority of additional work is within the previously approved Archaeological Area of Potential Effects (APE) limits, and the entirety of the work is within the Architectural APE limits, some of the proposed curb ramp replacements to be ADA compliant do fall outside of the previously approved Archaeological APE limits. There is no potential for the proposed work to impact archaeological resources, as all work is within existing improvements and would not involve ground disturbance below the existing base. Dokken will coordinate with Caltrans District 10 cultural resource staff to determine the level of documentation necessary. If required, Dokken will complete a Supplemental Historic Property Survey Report with a minor revalidation of the APE for Caltrans approval and signature. No cultural pedestrian surveys or additional Native American consultation is required for this minor change in the APE limits.

CEQA/NEPA Revalidation: To document the additional work to repair Kansas Avenue and install curb, gutter, sidewalks and ADA compliant curb ramps, a CEQA/NEPA revalidation of the EIR/EA will be required.

The CEQA/NEPA Revalidation will describe the changes in project design. There are no applicable changes in environmental setting, environmental circumstance, environmental impacts, or new avoidance, minimization, or mitigation measures. The CEQA/NEPA Revalidation would be completed and sent to Caltrans for review/signature.

Assumptions:
1) Any required utility relocation coordination will be done by the City. 2) Any ROW services will be done by the City.
3) Existing drainage patterns will be perpetuated.

TASK 41.8 – Survey Support for Kansas Ave Curb Ramps (HOURLY) Dokken will prepare a survey request exhibit for the surveyor. This exhibit will specify all the required survey shot necessary to design ADA compliant curb ramps.

Northstar will provide topographic surveying for the design of 19 curb ramps between Morse Road and Carpenter Road and define a section of right of way from Rosemore Avenue to Carpenter Road. The surveys will include ground shots necessary to design the curb ramps along with shots on the adjacent flowlines and grades. At Mercy Avenue, Northstar will take shots of the general area for the addition of a new curb ramp and new sidewalk.

Northstar will draft in breaklines of the existing curb ramps based on the field shots taken.

Northstar will reconcile the right of way for a stretch of Kansas Avenue from Rosemore Avenue to just beyond Carpenter Road. The right of way for this segment was not part of the SR-132 project needs.

TASK 41.9 – Project Closeout Support to City (HOURLY)
Dokken will provide the City with continued project closeout support as the final project construction records are completed and turned over to Caltrans. This support may include extended as-built plan DocuSign Envelope ID: 642F4957-B2F1-4E4B-9FED-4B88B6B83FD4 #14..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
requests from Caltrans, closeout of the right of way mapping, and possible support to complete the right of way relinquishment procedures.

End of Amendment No. 7.

DocuSign Envelope ID: 642F4957-B2F1-4E4B-9FED-4B88B6B83FD4 #14..
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-7, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Richard Sanders, PE (Roadway PE)Joe Ostdiek, PE, TE (Senior Traffic Engineer)Ashley Orsaba-Finders, PE (Senior Engineer)A. Konieczka, E. Espinoza, F. Enriquez,(PE, Senior Engineers)Martin Maechler, PE(Senior Engineer) Associate EngineerAssistant EngineerEnvironmental ManagerSenior Environmental Planner $254.47 $155.51 $189.44 $180.96 $172.47 $220.54 $155.51 $113.10 $212.06 $152.68 TASK 41 - ADDITIONAL DESIGN SUPPORT 32.00 150.00 30.00 36.00 8.00 24.00 236.00 4.00 56.00 576.00 14,000 $98,947.61 576.00 $14,000.00 $98,947.61

41.7 – Kansas Ave ADA Curb Ramp and Sidewalk 16.00 100.00 30.00 12.00 24.00 180.00 4.00 56.00 422.00 $60,863.47 422.00 $60,863.47

41.8 - Survey Support for Kansas Ave Curb Ramps 14,000 $14,000.00 - $14,000.00 $14,000.00

41.9 - Project Closeout Support to City 16.00 50.00 24.00 8.00 56.00 154.00 $24,084.13 154.00 $24,084.13 -
TOTAL HOURS 32.00 150.00 30.00 36.00 8.00 24.00 236.00 4.00 56.00 576.00 576.00 TOTAL COST $ 8,143 $ 23,326 $ 5,683 $ - $ 6,209 $ 1,764 $ 3,732 $ 26,691 $ 848 $ 8,550 $14,000 $98,947.61 $14,000.00 $98,947.61 Total Hours Direct Costs Total Cost GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS 2/8/2023, Revised

DOKKEN TOTALS
DocuSign Envelope ID: 642F4957-B2F1-4E4B-9FED-4B88B6B83FD4 #14..
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com September 5, 2023
Mr. John Rawles, PE
Project Manager
City of Modesto, Community and Economic Development Department 1010 Tenth Street, Suite 3100
Modesto, CA 95354
RE: State Route 132 West Freeway/Expressway – Phase 1 Project, Amendment No. 8 Dear Mr. Rawles:

The purpose of this letter is to request Amendment No. 8 to the existing SR-132 Design Contract between the City of Modesto and Dokken Engineering to add additional design services for items not included in the original design of the Phase 1 project. The additional services to be provided include support to the City during closeout, claim defense, and right of way transfer completion.

The proposed additional scope of services is described in more detail on the attached “Exhibit A-8, To The Eight Amendment, Revised Scope of Services” by task. The cost is broken down on “Exhibit D-8, Revised Fee Schedule”. The existing contract amount, previously approved Amendments and Additional Services Requests, and the contract total are shown in the following table.

Contract Dokken Subconsultants Total
Existing Contract, 5/2/17 $3,433,501.75 $2,966,498.25 $6,400,000.00 Additional Service Requests to date $175,848.85 $424,151.15 $600,000.00 Amendment 1, Landscaping, BCS, Etc. $224,126.12 $119,969.31 $344,095.43 Amendment 2, Utility and Mitigation $130,621.92 $13,800.00 $144,421.92 Amendment 3, Construction Support $1,084,210.14 $279,000.00 $1,363,210.14 Amendment 4, Specialty SubConsultants During Construction$104,270.00 $200,000.00 $304,270.00 Amendment 5, MID Road and
Carpenter / Elm Pedestrians
$78,727.00 $10,500.00 $89,227.00
Amendment 6, Kansas Overlay and
BCS As-Builts
$154,858.00 0 $154,858.00
Amendment 7, 17 Sidewalk Curb
Ramp Replacements on Kansas Ave
$84,947.61 $14,000.00 $98,947.61
Amendment 8, Project Closeout
Support
$22,902.26 $15,000.00 $37,902.26
Contract Total $5,494,013.65 $4,042,918.71 $9,536,932.36 #14..
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com Please also extend the contract duration noted in Article 4.3, Page 10 of the professional services agreement. It is suggested the agreement be extended to April 1, 2024.

Dokken Engineering appreciates the City’s continued trust as this important project nears completion of Phase 1. Please contact me at (916) 858-0642 if additional information is needed.

Sincerely,

DOKKEN ENGINEERING
Matthew N. Griggs, P.E.

Project Manager
Attachments
Exhibit A-8, To The Seventh Amendment, Revised Scope of Services Exhibit D-8, Revised Fee Schedule
File 2320-052
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-8, TO THE EIGTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised September 5, 2023
This amendment includes additional design services outside the scope of work of the Phase 1 project.

These additional services are requested by the City.

TASK 41.9 – Project Closeout Support to City (HOURLY)
Dokken will continue design support beyond the original closeout date of the project to support the City as requested, but largely related to the following ongoing closeout activities:
1) Final revisions to the ROW mapping as transfers from MID to City, City to Caltrans, City to County, and Caltrans to City are completed. This task was extended by the Caltrans desire to handle the Maze relinquishment first and separate from the right of way mapping reviews and transfers along the main new alignment. We anticipate extended reviews continuing with Caltrans on the ROW map and transfers.
2) Incorporation of As-Built comments from WSP.
3) Continued support to the City Attorney for the barrier claim on the Eastbound Couplet. 4) Other items the City may need support for in closing out the project with Caltrans.

Dokken will provide the City with continued project closeout support as the final project construction records are completed and turned over to Caltrans.

End of Amendment No. 8.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-8, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Richard Sanders, PE (Roadway PE)Joe Ostdiek, PE, TE (Senior Traffic Engineer)A. Konieczka, E. Espinoza, F. Enriquez,(PE, Senior Engineers)Martin Maechler, PE(Senior Engineer) Associate EngineerAssistant Engineer $268.61 $169.65 $197.92 $186.61 $231.85 $155.51 $113.10 TASK 41 - ADDITIONAL DESIGN SUPPORT 16 80 10 24 130 15,000 $37,902.26 130 $15,000.00 $37,902.26

41.9 - Project Closeout Support to City 16 80 10 24 130 15,000.00 $37,902.26 130 $15,000.00 $37,902.26 TOTAL HOURS 16 80 10 24 130 130
TOTAL COST $ 4,298 $ 13,572 $ - $ - $ 2,319 $ - $ 2,714 $15,000 $37,902.26 $15,000.00 $37,902.26 9/5/2023, Revised
DOKKEN TOTALS Total Hours Direct Costs Total Cost GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: July 2, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Cost Sharing Agreement with the County of Stanislaus CONTACT: Jaspreet Mangat, Senior Civil Engineer, [email protected], 209-577-5253
DESCRIPTION:

Consider approving a Cost Sharing Agreement with the County of Stanislaus regarding reimbursement of costs related to the construction of Urban Pocket Area 9 – Colorado-Rouse Project. (Funding Source: State Earmark Funds)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Goal D to Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

Over the past several years, Stanislaus County has prioritized addressing longstanding infrastructure challenges in unincorporated, developed neighborhoods. In 2021, the County Board of Supervisors approved strategic priorities for the allocation of American Rescue Plan Act (ARPA) funds, with a specific focus on infrastructure improvements in these underserved areas.

As part of the Stanislaus County Urban Pockets Infrastructure Improvement Project, several communities have been identified for upgrades. One of these is Area 9 – the Colorado-Rouse neighborhood pocket. The County has retained a professional engineering firm to design the necessary improvements and will serve as the lead agency for the project. Following completion, the area may be considered for future annexation into the City of Modesto.

These County pocket areas often lack fundamental urban infrastructure. Residents rely on individual wells and septic systems, and the absence of adequate storm drainage contributes to frequent street flooding. Additionally, the lack of pedestrian facilities and street lighting create challenges for residents, particularly during inclement weather and nighttime hours. #15..
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Council Meeting, July 22, 2025
Cost Sharing Agreement with the County of Stanislaus

Page 2 of 2 ends

To support this initiative, the City of Modesto has secured a one-time allocation of $5,000,000 from the State General Fund through State Earmark Funds. This funding, administered via a fund transfer agreement with the California Department of Transportation (executed on June 23, 2022; Project ID: PLBPL-5059(257); Advantage ID: 1022000266), is designated specifically for infrastructure improvements including curb, gutter, sidewalks and related infrastructure in the unincorporated County pocket areas located within the City limits.

DISCUSSION:

Stanislaus County will act as the Engineering and Construction Manager for the project. The County will be responsible for all phases of project delivery, including advertising, bidding, contract award, and construction management. The City of Modesto will retain access to the project site to perform inspections as necessary to ensure compliance with applicable standards. Construction is anticipated to commence in Summer 2025.

Upon completion of $5,000,000 in eligible improvements, the County will submit an invoice to the City for reimbursement. The City will reimburse the County up to, but not exceeding, the $5,000,000 funding allocation. Any project costs exceeding this amount will be the sole responsibility of Stanislaus County.

This project represents a meaningful investment in improving infrastructure, safety, and quality of life for residents living in historically underserved neighborhoods, and aligns with the City’s broader goals of equity, livability, and sustainable urban development.

FISCAL IMPACT:

The City has received the funding from the State and is being held in our Capital Improvement Project Fund for Project No. 101519 (AB170 – County Islands Project) for disbursement to the Project in accordance with Agreement.

COMMITEEE RECOMMENDATION:

On May 5, 2025, the Economic Development Committee considered the item and recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Cost Sharing Agreement with the County of Stanislaus regarding reimbursement of costs related to the construction of Urban Pocket Area 9 Colorado-Rouse Project and authorizing the City Manager or his designee to execute the Agreement.

Approved by:

Toby Wells, Director of Engineering Services
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Cost Sharing Agreement between the COM and County of Stanislaus #15..
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07/222025/ESD/JMangat 1 2025-??

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING A COST SHARING AGREEMENT WITH THE

COUNTY OF STANISLAUS REGARDING REIMBURSEMENT OF COSTS
RELATED TO THE CONSTRUCTION OF URBAN POCKET AREA 9 –

COLORADO-ROUSE PROJECT AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, Stanislaus County has been addressing long-standing infrastructure needs in unincorporated, developed neighborhoods within the County, particularly those in underserved “Urban Pocket” areas; and
WHEREAS, in 2021, the Stanislaus County Board of Supervisors approved the strategic priorities for the use of American Rescue Plan Act (ARPA) funds, specifically targeting infrastructure improvements in these unincorporated, developed neighborhoods; and
WHEREAS, as part of the Stanislaus County Urban Pockets Infrastructure Improvement Project, the Colorado-Rouse neighborhood (Area 9) has been selected for infrastructure improvements; and
WHEREAS, the County has retained a professional engineering firm to design the infrastructure improvements, and will serve as the lead agency for the project; and WHEREAS, the City of Modesto has received a one-time allocation of $5,000,000 from the State General Fund through State Earmark Funds, which is designated for infrastructure improvements in County pocket areas located within the City limits; and WHEREAS, the City of Modesto entered into a fund transfer agreement with the California Department of Transportation on June 23, 2022, under Project ID PLBPL5059(257) and Advantage ID 1022000266, to secure this funding for infrastructure improvements; and
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07/222025/ESD/JMangat 2 2025-??
WHEREAS, the City of Modesto and Stanislaus County have agreed upon terms for the reimbursement of up to $5,000,000 for eligible infrastructure improvements upon completion of the project by the County; and
WHEREAS, Stanislaus County will be responsible for the management, construction, and funding of the project, while the City of Modesto will reimburse the County for eligible improvements, up to a maximum of $5,000,000, once the improvements are completed; and
WHEREAS, the project will contribute to the safety, health, aesthetics, and quality of life for the residents of the County pocket areas, and aligns with the City of Modesto’s goals of improving urban infrastructure and ensuring equitable development across all neighborhoods.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Cost Sharing Agreement with the County of Stanislaus regarding reimbursement of costs related to the construction of Urban Pocket Area 9 – ColoradoRouse Project.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Agreement.
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07/222025/ESD/JMangat 3 2025-??
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _______________________________

DIANE NAYARES-PEREZ, CMO,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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AGREEMENT FOR COST SHARING BETWEEN THE CITY OF MODESTO AND THE

COUNTY OF STANISLAUS REGARDING REIMBURSEMENT OF COSTS RELATED TO THE CONSTRUCTION OF URBAN POCKET AREA 9 - COLORADO-ROUSE

PROJECT
This Agreement Regarding Reimbursement Costs Related to the Construction of Urban Pocket Area 9 - Colorado-Rouse Project (this “Agreement”) is entered into as of _________, 2025 (the “Effective Date”) between the County of Stanislaus (hereinafter referred to as “County”) and the City of Modesto, a California charter City (hereinafter referred to as “City”), each referred to as a “Party” and collectively referred to as the “Parties”.

WHEREAS, Stanislaus County has received funding though the American Rescue Plan Act of 2021 (ARPA) that will be used to deliver projects that improve infrastructure with respect to health and safety; and
WHEREAS, City of Modesto has received the one-time $5,000,000 funding through the State Earmark Funds that will be used to construct public improvement projects in disadvantaged communities (Area 9) that will improve infrastructure with respect to health, safety and quality of life; and
WHEREAS, City has executed the fund transfer agreement with the California Department of Transportation (Project ID PLBPL-5059(257) and Advantage ID 1022000266); and WHEREAS, the City and County are collaborating regarding improvements to the infrastructure in the Area 9 – Colorado-Rouse Area, as specified in Exhibit A, attached hereto and incorporated herein (“Improvement Project”); and WHEREAS, the County has retained a professional engineering firm, AECOM (the “Consultant”), to provide design services related to the Urban Pocket Area 9 - ColoradoRouse Project; and WHEREAS, County will lead the Urban Pocket Area 9 - Colorado-Rouse Project with the possibility of future annexation into the City after the Improvement Project is complete per project plans and specifications as approved by the City; and WHEREAS, the County and City wish to enter into this cost sharing agreement where City will reimburse $5,000,000 to the County for the construction of public improvements in Area 9 in accordance with the terms of this agreement
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties County and City agree as follows:

ARTICLE I

PARTY RESPONSIBILITIES

1. The above Recitals are made a part of this Agreement as if they were set forth herein.

2. The County has entered into a professional services agreement with the Consultant for the delivery of specified engineering services for the Improvements Project and the County #15..
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Cost Sharing Agreement
2 will advertise, bid, and award the Improvement Project in accordance with applicable laws to a licensed contractor (the “Contractor”).

3. Both the County and City shall adhere to applicable federal and state laws, regulations, and guidelines.

4. Scope of Work. The Parties agree that the construction of the Improvement Project will conform to the plans and specifications approved by the County and the City. County will be the official Engineering and Construction Manager for this project. However, access shall be provided to City Staff for inspections and material submittal reviews.

5. County’s Responsibilities.

a. County will provide the Improvement Plans and Specifications of all the improvements to the City for review and approval prior to the County advertising the Improvement Project for bid.
b. Upon completion and approval of final design, the County will advertise the Improvement Project, conduct bid opening, award construction contract, and manage construction of Improvement Project.
c. County staff, or others authorized by the County, shall inspect the construction of the Improvement Project. Reasonable access to the construction zone will be provided to City staff upon request from the City.
d. The County will administer the construction contract between County and Contractor. The County shall pay all County costs associated with the administration of the contract, except those performed by City staff. Any change orders to the work are subject to review and approval by the County. e. The County shall be responsible for paying all invoices from the Contractor in accordance with the terms and conditions of the agreement between the County and Contractor.

f. County will invoice the City in the amount of $5,000,000 once the County has constructed and made payment to the Contractor a cumulative amount of no less than $5,000,000 for the improvements. County shall provide to the City all paid invoices received from the Contractor.
g. County shall be solely responsible for all costs related to the Improvement Project greater than $5,000,000.

6. City’s Responsibilities.
a. City will review and approve the Improvement Project plans and specifications of all the improvements prior to the County advertising the Improvement Project for bid. Approval shall not be unreasonably withheld and shall be provided in writing to the County Project manager.

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Cost Sharing Agreement
3 b. City may inspect the Improvement Project during construction for conformance with the project plans and specifications.
c. The City will recognize the County’s contract with the Contractor as sufficient authorization to perform any work within the City Right-of-Way that falls within the limits of the Colorado-Rouse Project. No additional permits will be necessary. d. City staff will be provided reasonable access to the construction site to inspect the Project improvements. City staff shall request access to the construction site from the County for City staff to perform inspections.
e. The City shall be responsible for all costs associated with work performed by City staff.
f. Within thirty (30) days of receipt, the City shall make full payment to the County, not to exceed of $5,000,000.

ARTICLE II

GENERAL PROVISIONS

1. This MOU, including attachments, shall form the entire agreement and understanding between County and City. Except as provided in Article VII hereof, no other written or verbal statements, shall be binding upon the parties or construed as modifying this Agreement in any way.

2. The governing law of this Agreement shall be the law of the State of California. The Parties agree that the County of Stanislaus is the sole proper venue for the litigation of any and all disputes arising out of or relating to this MOU.

3. Each Party warrants and represents that in executing this MOU, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

4. Headings or captions to the provisions of this Agreement are solely for the convenience of the Parties, are not part of this MOU, and shall not be used to interpret or determine the validity of this MOU. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this MOU.

5. Any notice, communication, amendment, addition or deletion to this MOU, including change of address of either Party during the term of this MOU, which shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:

Communications to the County shall be directed to:

David Leamon
Director of Public Works
Stanislaus County
1716 Morgan Road
Modesto, CA 95358
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Cost Sharing Agreement
4 Communications to the City shall be directed to:

Toby Wells
Director of Engineering Services Department
City of Modesto
1010 Tenth Street, Suite 3100
Modesto, CA 95353

ARTICLE III
TERM
The term of this Agreement shall be from the Effective Date until the Improvement Project, has been accepted by the County, and all costs incurred are paid, unless sooner terminated as provided below.

ARTICLE IV

INDEPENDENT CONTRACTOR STATUS
This Agreement is by and between two independent parties and is not intended to and shall not be construed to create the relationship of employer, employee, partnership, agent, servant, or joint venture with City or any persons employed by City including subcontractors or employees thereof. The City and County shall control the manner and means of accomplishing the performance of the MOU.

ARTICLE VI

INDEMNIFICATION
Neither Party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of any act or failure to act by the other party under or in connection with any work delegated to that party under this MOU. The Parties further agree, pursuant to Governmental Code Section 895.4, that each party shall fully indemnify and hold harmless the other Party and its agents, officers, employees, and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party under this MOU.

ARTICLE VII

AMENDMENT
This Agreement may be modified, amended, changed, added to or subtracted from by the mutual consent of the Parties hereto if such amendment or change is in written form and executed with the same formalities as this Agreement and attached to the original agreement to maintain continuity.

ARTICLE VIII

DISPUTES
The Parties may pursue their respective remedies at law or equity for any claim, controversy, or dispute relating to this MOU.
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Cost Sharing Agreement
5 ARTICLE IX

NON-ASSIGNMENT
Neither Party shall assign, transfer, or further subcontract this MOU, in whole or in part, without prior written approval of the other.

ARTICLE X

SEVERABILITY AND SURVIVAL
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provision of this Agreement are severable.

ARTICLE XI

TERMINATION

1. Each Party retains the right to terminate this Agreement without cause upon thirty (30) days advance notice to the other. Each Party retains the right to terminate this Agreement due to a breach of the Agreement by the other Party, after providing notice and a reasonable opportunity to cure to the breaching Party.

2. After termination, the City shall remain responsible for the payment of any outstanding cost share for work already performed by County staff and the Consultant for the benefit of the City, and any damages resulting of a breach of contract between the County and Contractor due to termination.

ARTICLE XII

ENTIRE DOCUMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between any of the Parties herein with respect to the subject matter hereof and contains all the agreements between the Parties with respect to such matter. Each Party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

ARTICLE XIII

SIGNATURES

1. The person signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this MOU. Signatory represents and warrants that the execution and delivery of the Agreement and the performance of Parties’ obligations hereunder has been duly authorized, and that the Agreement is a valid and legal agreement binding on Parties and enforceable in accordance with its terms. #15..
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Cost Sharing Agreement
6 2. Each Party agrees that the electronic signatures (whether digital or encrypted) of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record (including facsimile or email electronic signatures) pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time. [ signatures appear on following page]
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Cost Sharing Agreement
7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows:

COUNTY OF STANISLAUS CITY OF MODESTO
A political subdivision of the
State of California
By: _____________________________ By: _____________________________ Jody Hayes Joseph Lopez
Chief Executive Officer City Manager
ATTEST: ATTEST:

By: _____________________________ By: _____________________________ Elizabeth King Diane Nayares-Perez
Clerk of the Board of Supervisors City Clerk
Of the County of Stanislaus,
State of California
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:

Department of Public Works Engineering Services Department By: _____________________________ By: ____________________________ David A Leamon, Director Toby Wells, Director
APPROVED AS TO FORM: APPROVED AS TO FORM:

Thomas Boze
County Counsel
By: _____________________________ By: ____________________________ Shaun Wahid Jose M. Sanchez
Chief Deputy County Counsel City Attorney

6/13/25
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Cost Sharing Agreement
8 EXHIBIT A
Scope of Urban Pocket Area 9 – Colorado-Rouse Project
Infrastructure Improvements
Construction of sidewalk (including ADA ramps and misc. driveway approaches), storm drainage facilities (including curb and gutters), and street lighting.

Sewer Improvements
Construction of sewer facilities (including on-site connection).

BOUNDARY MAP OF COLORADO-ROUSE COUNTY ISLAND
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: July 2, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Final Map and Subdivision Improvement Agreement for Tivoli Arcadia Unit 1 CONTACT: Jaspreet Mangat, Senior Civil Engineer, [email protected], 209-577-5253
DESCRIPTION:

Consider approving the Final Map and Subdivision Improvement Agreement (SIA) for the Tivoli Arcadia Unit 1 Subdivision consisting of roughly 18.74 acres located North of Sylvan on future Aria Way APN # 083-004-090. (Funding: Developer Fees)
STRATEGIC PLAN ELEMENT:

Approval of this phase of a residential development is consistent with the City Council’s 2025- 2026 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The 454-acre Tivoli Specific Plan was adopted by the City Council on February 26, 2008, by the Ordinance No. 3479-C.S. Tivoli Specific Plan provides for uses including commercial, school, parks, and residential development of a variety of densities as outlined by the land use diagram and development standards of the Specific Plan.

On April 5, 2022, Arcadia Development Company submitted an application for the Vesting Tentative Subdivision Map of Tivoli Arcadia Unit 1 and 2 (Area 7) consisting of approximately 29.3 acres located north of Sylvan Avenue on a future extension of Aria Way and north of City Well

54. The applicant proposed 141 residential lots and seven landscape lots including storm basin.

On October 3, 2022, the City of Modesto Planning Commission approved Resolution No. 2022- 28 which approved the Tentative Subdivision Map (TSM 22-001) of Tivoli Arcadia Unit 1 and 2 to facilitate 141 single-family residential lots, and four (4) landscape lots.

On September 24, 2024, following a public hearing and special election, Council approved (Resolution 2024-279) to form the City of Modesto Community Facilities District (CFD) No. 2024-1 #16..
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Council Meeting, July 22, 2025
Final Map and Subdivision Improvement Agreement for Tivoli Arcadia Unit 1

Page 2 of 3 ends

(Tivoli). Tivoli Arcadia Unit 1 will be considered for annexation into the existing CFD on July 22, 2025.

The current owner of Tivoli Arcadia Unit 1 Subdivision, KB Home North Bay LLC, A Delaware Limited Liability Company, has requested approval of the Subdivision Improvement Agreement and Tivoli Arcadia Unit 1 Subdivision Final Map (FM2024-00132 Unit 1) of 18.74 acres, 71 residential lots on 10 acres, 3 landscape areas and approximately 6.38 acres offered for right-ofway dedication to be recorded with Stanislaus County Recorder’s Office.

DISCUSSION:

The public improvements for this project have not been completed. As required by Section 66462 of the California Subdivision Map Act and Section 4-4.605 of the Modesto Municipal Code, the owner, KB Home North Bay LLC, has executed a Subdivision Improvement Agreement specifying that all improvements will be completed within 24 months from the date of Final Map recordation.

The Subdivision Improvement Agreement requires the owner furnish and supply the City a payment bond and performance bond which provide security for completion of the public improvements.

The Final Map has been checked and certified by the Secretary of the Planning Commission, City Surveyor and the City Engineer and must be approved by Council prior to transmitting the map to the County Recorder.

Pursuant to the Subdivision Map Act, Section 66440, the Final Map contains a certificate for execution by the City Clerk Certifying that the Council approved the map and accepted, on behalf of the public, any real property offered for dedication for public use and in conformity with the terms of the offer of dedication.

When the public improvements required by the Subdivision Improvement Agreement have been completed and approved by staff, a notice of completion and will be presented to Council which accepts the public improvements. As required by the Subdivision Improvement Agreement, the owner will file a warranty bond guaranteeing the work for 1-year after Council accepts the improvements.

FISCAL IMPACT:

All Map Check Fees for the map will be collected prior to recordation.

The Faithful Performance and Payment securities as required by the Modesto Municipal Code Section 4-4.605 will be in place with the City Clerk’s Office:
 A Faithful Performance security is required to secure faithful performance of the improvements. This security is required in an amount of 100% of the estimated cost of improvements to be performed.
 A Payment security is required to ensure the payment of the contractor, his/her subcontractors and to persons renting equipment or furnishing labor or materials to them for said improvements. This security is required in an amount of 50% of the estimated cost of improvements to be performed.
 A Warranty security is required to guarantee and warrant subdivision improvements for a period of one (1) year following completion and acceptance thereof against any defective work done, or defective materials furnished. This security is required prior to approval of #16..
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Council Meeting, July 22, 2025
Final Map and Subdivision Improvement Agreement for Tivoli Arcadia Unit 1

Page 3 of 3 ends

the improvements in an amount of 10% of the estimated cost of improvements to be performed.

The City Engineer has determined the required security is sufficient to cover the cost of said improvements, engineering, inspection, fees and incidental expenses. The securities on file with the City Clerk’s Office are based on the total Engineer’s Estimate of $4,526,355.82 for the value of all improvements to be constructed for the Tivoli Arcadia Unit 1 Subdivision.

COMMITEEE RECOMMENDATION:

This item did not go to Committee, as it is common practice that Final Maps, which are certified by the Secretary of the Planning Commission, do not go before a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Final Map for Tivoli Arcadia Unit 1 Subdivision, approving the Subdivision Improvement Agreement and authorizing the City Manager, or designee, to execute the Agreement with the owner, KB Home North Bay LLC and authorize the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.

Approved by:

Toby Wells, Director of Engineering Services
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Subdivision Improvement Agreement

3. Final Map

4. Engineer’s Estimate

5. Performance and Payment Bonds
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07/22/2025/ESD/JMangat/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE FINAL MAP FOR TIVOLI ARCADIA UNIT 1

SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT

AGREEMENT AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT WITH KB HOME NORTH BAY,

AND AUTHORIZE THE CITY CLERK TO CERTIFY THE FINAL MAP AND RECORD WITH THE STANISLAUS COUNTY RECORDER’S OFFICE
WHEREAS, the Tivoli Specific Plan was adopted by the City Council on February 28, 2008 by the Ordinance No. 3479-C.S.; and
WHEREAS, KB Home North Bay, a Delaware Limited Liability Company (“SUBDIVIDER”), is in possession of a tract of land situated in the City of Modesto, County of Stanislaus, consisting of 18.74 acres, known as the TIVOLI ARCADIA UNIT 1 SUBDIVISION (“SUBDIVISION”), in the Tivoli Specific Plan Area; and WHEREAS, a tentative subdivision map of Tivoli Arcadia Unit 1 Subdivision (TSM22-001) was approved by the City of Modesto Planning Commission on October 3, 2022, with conditions of approval as noted in Planning Commission Resolution Number 2022-28; and
WHEREAS, the public improvements required by the Planning Commission conditions of approval have not been completed; and
WHEREAS, as required by Section 66462 of the California Subdivision Map Act and Section 4-4.605 of the Modesto Municipal Code by previous action, subdivision improvement agreement between the City and SUBDIVIDER; and WHEREAS, following the council approval on July 22, 2025, SUBDIVISON will be annexed into the City of Modesto Community Facilities District No. 2024-1 (Tivoli); and
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07/22/2025/ESD/JMangat/Item X 2 2025-XX
WHEREAS, the Secretary of the Planning Commission of the City of Modesto and the City Engineer have certified that the final map of said tract substantially conforms to the approved tentative subdivision map; and WHEREAS, the City Engineer of the City of Modesto has certified that the final map of said SUBDIVISION meets all of the provisions of the California Subdivision Map Act and the provisions of the Modesto Municipal Code relating to subdivisions, and the City Surveyor has determined that the map is technically correct; and WHEREAS, the SUBDIVIDER has furnished securities as set forth in Section 4-

4.605 of the Modesto Municipal Code, which shall secure the obligations set forth in Section 66499.3 of the Government Code of the State of California. Said securities are in forms acceptable to the City Attorney and in the amounts required by the City Engineer.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Final Map Tivoli Arcadia Unit 1 Subdivision, approving the Subdivision Improvement Agreement and authorizing the City Manager, or his designee, to execute the Agreement with KB Home North Bay LLC; that the dedications for public streets and easements as shown thereon within the boundaries of said tract be accepted on behalf of the public for public use.

BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to certify the map of said tract on behalf of the City of Modesto after the fees and deposits required by the Modesto Municipal Code in amounts determined by the City Engineer have been paid.
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07/22/2025/ESD/JMangat/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _______________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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SHEET OF 1 7

THIS FINAL MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF ARCADIA DEVELOPMENT CO., INC., IN AUGUST, 2023. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I FURTHER

STATE THAT ALL MONUMENTS SHOWN HEREON WILL BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED ON OR BEFORE DECEMBER 2026 AND THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THIS SURVEY TO BE RETRACED.

DATED THIS DAY OF , 2025.

DYLAN CRAWFORD, P.L.S. 7788

I HEREBY STATE THAT I HAVE EXAMINED THE ACCOMPANYING FINAL MAP AND THAT THE MAP IS TECHNICALLY CORRECT.

DATED THIS DAY OF , 2025.

BY:

DANIEL R. HAAKMA, L.S. 9328

CITY LAND SURVEYOR, CITY OF MODESTO
STATE OF __________________________
COUNTY OF__________________________

ON BEFORE ME, A NOTARY PUBLIC,
(DATE)

PERSONALLY APPEARED
{NAME OF SIGNER(S)}

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE

SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME

IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
, NOTARY PUBLIC PRINT NAME:

COMMISSION NUMBER: COMMISSION EXPIRES:

PRINCIPAL OFFICE LOCATION (COUNTY):

FILED THIS DAY OF , 2025, AT O'CLOCK .M. IN BOOK OF MAPS, AT PAGE , STANISLAUS COUNTY RECORDS AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY.

FEE $ PAID INSTRUMENT NO:___________________

DONNA LINDER

STANISLAUS COUNTY CLERK RECORDER
BY: , DEPUTY
_____________________ PRINT NAME

RECORDER'S CERTIFICATE

CITY LAND SURVEYOR'S STATEMENT

SURVEYOR'S STATEMENT OWNERS' STATEMENT

NOTARY STATEMENT
BEING PARCEL 1 OF PARCEL MAP FILED IN BOOK 59 OF PARCEL MAPS, PAGE 3, STANISLAUS COUNTY RECORDS, LYING IN A PORTION OF SECTION 2 AND SECTION 11, T. 3 S., R. 9 E., M.D.B.&M.

NOVEMBER 2024
TIVOLI ARCADIA UNIT 1

CITY OF MODESTO

STANISLAUS COUNTY, CALIFORNIA
THIS IS TO CERTIFY THAT I HAVE EXAMINED THE ACCOMPANYING FINAL MAP; THAT THE SUBDIVISION AS

SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATION THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF THE MUNICIPAL

CODE, AND ANY AMENDMENTS THERETO, APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.

DATED THIS DAY OF , 2025.

BY:

TOBY WELLS, R.C.E. 57728

CITY ENGINEER, CITY OF MODESTO

CITY ENGINEER'S CERTIFICATE

THIS IS TO CERTIFY THAT THE OWNERS OF THE PROPERTY SHOWN ON THE ACCOMPANYING MAP HAVE FILED WITH THE BOARD OF SUPERVISORS:
(CHECK ONE)
A. A BOND OR DEPOSIT APPROVED BY SAID BOARD TO SECURE THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES. WHICH ARE AT THE TIME OF FILING THIS MAP, A LIEN AGAINST SAID PROPERTY OR ANY PART THEREOF.

B. RECEIPTED TAX BILL OR BILLS OR SUCH OTHER EVIDENCE AS MAY BE REQUIRED BY SAID BOARD SHOWING FULL PAYMENT OF ALL APPLICABLE TAXES.

DATED THIS ______ DAY OF ____________________________, 2025.

ELIZABETH A. KING

CLERK OF THE BOARD OF SUPERVISORS
BY: , DEPUTY

PRINT NAME

CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE
THIS IS TO CERTIFY THAT AT ITS REGULAR MEETING HELD ON THE ______ DAY OF ______________, 2025,

THE CITY COUNCIL OF THE CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA,

APPROVED THIS FINAL MAP AND ACCEPTED, SUBJECT TO IMPROVEMENT ON BEHALF OF THE PUBLIC FOR PUBLIC USE THE FOLLOWING:

IN FEE: LOT A FOR PARK AND DRAINAGE PURPOSES, AND LOTS B, C AND G FOR LANDSCAPE PURPOSES.

AS EASEMENTS: ARIA WAY, CALABRIA WAY, VALERIO COURT, UMBRIA COURT, DUOMO COURT, LAVORO WAY, SALVATORE WAY, BASILICATA WAY AND POPOLARI WAY, AND THE 10 FOOT WIDE PUBLIC UTILITY EASEMENTS AND THE 10 FOOT WIDE PLANTING EASEMENTS. SAID APPROVAL IS NOT TO BE CONSTRUED

AS ACCEPTANCE OF STREETS SHOWN OUTSIDE THE EXTERIOR BOUNDARIES OF THE LAND BEING DIVIDED.

ALSO, PURSUANT TO SECTION 66434(G) OF THE CALIFORNIA SUBDIVISION MAP ACT, THE CITY OF MODESTO DOES HEREBY ABANDON THE FOLLOWING:

1. IRREVOCABLE OFFER OF DEDICATION DESCRIBED IN DOCUMENT NO. 2020-0027983-00, RECORDED APRIL 22, 2020, STANISLAUS COUNTY RECORDER.

2. IRREVOCABLE OFFER OF DEDICATION DESCRIBED IN DOCUMENT NO. 2020-0027984-00, RECORDED APRIL 22, 2020, STANISLAUS COUNTY RECORDER.

DATED THIS _____ DAY OF _________________________, 2025

DIANE NAYARES-PEREZ, CITY CLERK

CITY CLERK'S STATEMENT

THIS IS TO CERTIFY THAT THERE ARE NO LIENS AGAINST THIS SUBDIVISION OR ANY PART THEREOF FOR

ANY UNPAID STATE, COUNTY, SCHOOLS, MUNICIPAL OR LOCAL TAXES, OR SPECIAL ASSESSMENTS OR TAXES NOT YET PAYABLE AGAINST THE LAND SHOWN IN THIS MAP.

ASSESSOR'S PARCEL MAP NUMBERS: 083-004-090

DONNA RILEY

STANISLAUS COUNTY TAX COLLECTOR
BY: , DEPUTY

PRINT NAME

TAX COLLECTOR'S CERTIFICATE

WE, THE UNDERSIGNED, DO HEREBY STATE THAT WE ARE THE OWNERS OR HAVE SOME RIGHT, TITLE OR INTEREST

OF RECORD IN THE LAND SHOWN ON THIS MAP AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP, IN THE OFFICE OF THE COUNTY RECORDER OF STANISLAUS COUNTY, CALIFORNIA.

WE OFFER FOR DEDICATION TO THE PUBLIC IN FEE AND FOR PUBLIC USE: LOT A FOR PARK AND DRAINAGE

PURPOSES, AND LOTS B, C AND G FOR LANDSCAPE PURPOSES, ALL OF WHICH LIE WITHIN THE EXTERIOR BOUNDARY OF THE LANDS BEING DIVIDED AND AS SHOWN ON THIS FINAL MAP.

WE ALSO OFFER FOR DEDICATION TO THE PUBLIC THE REAL PROPERTY DESCRIBED BELOW AS EASEMENT, FOR PUBLIC PURPOSES: ARIA WAY, CALABRIA WAY, VALERIO COURT, UMBRIA COURT, DUOMO COURT, LAVORO WAY, SALVATORE WAY, BASILICATA WAY AND POPOLARI WAY, AND THE 10 FOOT WIDE PUBLIC UTILITY EASEMENTS AND THE 10 FOOT WIDE PLANTING EASEMENTS, ALL OF WHICH LIE WITHIN THE EXTERIOR BOUNDARY OF THE LANDS BEING DIVIDED AND AS SHOWN ON THIS FINAL MAP.

OWNERS: KB HOME NORTH BAY LLC, A DELAWARE LIMITED LIABILITY COMPANY BY:

MATT SAULS, DIVISION PRESIDENT DATE

THIS IS TO CERTIFY THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE MAP AND ACTION

TAKEN THEREON BY THE CITY OF MODESTO PLANNING COMMISSION AT A REGULAR MEETING HELD ON OCTOBER 3, 2022 BY RESOLUTION NO. 2022-28.

DATED THIS _____ DAY OF __________________, 2025.
, SECRETARY

PLANNING COMMISSION, CITY OF MODESTO, CALIFORNIA

PLANNING COMMISSION STATEMENT

EASEMENT HOLDER'S STATEMENT

WE, THE UNDERSIGNED, HEREBY STATE THAT WE ARE AN EASEMENT HOLDER AND HAVE INTEREST OF RECORD IN THE LAND DESCRIBED IN THE BELOW REFERENCED DOCUMENTS, AS SHOWN ON THIS MAP.

WE CONSENT TO THE MAKING AND FILING OF THIS FINAL MAP IN THE OFFICE OF THE RECORDER OF THE COUNTY OF STANISLAUS.

1. CITY OF MODESTO, PUBLIC UTILITY EASEMENT, RECORDED AS DOCUMENT NUMBER 92-110416, S.C.R.

2. CITY OF MODESTO, PUBLIC UTILITY EASEMENT, RECORDED AS DOCUMENT NUMBER 93-0084180, S.C.R.

DATED THIS DAY OF , 2025.

BY:

TOBY WELLS, R.C.E. 57728

CITY ENGINEER, CITY OF MODESTO
CITY OF MODESTO TSM 22-001
CITY OF MODESTO PLANNING COMMISSION RESOLUTION NO. 2022-28

SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 OF THE CALIFORNIA SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING PARTIES HAVE BEEN OMITTED:

1. MODESTO IRRIGATION DISTRICT FOR DITCH EASEMENT RECORDED MARCH 25, 1929 IN VOLUME 327, OFFICIAL RECORDS, PAGE 63, S.C.R.

2. MODESTO IRRIGATION DISTRICT DITCH R/W RECORDED FEBRUARY 14, 1921 IN VOLUME 328 OF DEEDS, PAGE 481, S.C.R.

ABANDONMENT NOTE

1. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST DESCRIBED IN DOCUMENT NO. 2020-0027983-00, RECORDED APRIL 22, 2020, STANISLAUS COUNTY RECORDER, IS BEING ABANDONED BY THIS FINAL MAP. PLEASE REFER TO CLERKS STATEMENT ON THIS SHEET.

2. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST DESCRIBED IN DOCUMENT NO. 2020-0027984-00, RECORDED APRIL 22, 2020, STANISLAUS COUNTY RECORDER, IS BEING ABANDONED BY THIS FINAL MAP. PLEASE REFER TO CLERKS STATEMENT ON THIS SHEET.

3. PRIVATE ACCESS EASEMENT SHOWN ON 59-PM-03, IS BEING ABANDONED BY THIS FINAL MAP.

Phone (559) 451-0395 7110 N Fresno St, Suite 160
Toll Free (800) 270-9495 Fresno, CA 93720
FM2023-00132 UNIT 1
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985.55'
N. 1
4 SEC. 11
NW COR. LOT 13 (R1)
FD 3/4" IP TAGGED
"PLS 7788" (R7)
N89°41'44"W 2632.06'(M)(R7)N00°27'24"W 988.19'

2.64' (M)(R1)(R3)(R7)
N89°41'44"W 2632.05(M)(R7)

NORTH LINE
SEC. 11 T.3S.R.9E.
1305.70'(M)(R7)

NORTH LINE
SEC. 11 T.3S.R.9E.

N89°27'50"W 1301.40(R7)
NE COR. LOT 13 (R1)
FD 3/4" IP TAGGED
"PLS 7788" (R7)

0.72'(M)(R3)(R7)

3.99'(M)(R7)
(4.00' R1&R3)
NE COR. LOT 13 (R1)
FD 3/4" IP TAGGED
"PLS 7788" (R7)
NW COR. LOT 13
FD 3/4" IRON PIPE TAGGED "PLS 7788" (R7)
N1/4 SECTION 11
SFN (CONC MONUMENT WITH BRASS PLATE (R1))
COMPUTED AS 2.64' NORTH OF N1/4 COR. (R3)
N89°41'44"W 5264.11'(M)(R7) (5264.58' CS1060) 985.55' (M)(R7) N00°27'24"W 988.19' (M)(R7) 20' DITCH EASEMENT
PER VOL. 327 PAGE 63
30' P.U.E. PER DOC. NO. 93-0084180
649.12'(M)(R6)(R7) 656.73'(M)(R7)
10' IRRIGATION EASEMENT (R3)
40' ROAD
EASEMENT (R1)
FD 3/4" IP TAGGED "PLS 7788" (R7)
N: 2075311.47
E: 6433077.84
GRID COORDINATES 972.11' (M)(R7)
N89°45'17"W 1305.68' (M)(R7)
FD 3/4" IP TAGGED "PLS 7788" (R7)
N: 2075300.98
E: 6431772.13

SOUTH LINE
PARCEL A 4-PM-57
N89°32'23"E 1305.85'(T)(1305.76 GRID)(R7)
FD 3/4" IP, NO TAG, ACCEPTED

NW CORNER PARCEL A
(R6)(R7) N00°28'19"W 790.63'(M)(R7)
N89°32'23"E 318.01'(M)(R7)
N45°39'04"W 21.14'(M)(R7)
N00°28'19"W 87.14'(M)(R7)
N89°31'41"E
184.05'(M)(R7)
N31°17'27"E 64.68'(M)(R7) 165.00'(M)(R7) N00°28'19"W
N22°56'08"W 97.34'(M)(R7)
N89°45'17"W 361.51'(M)(R7)
N37°07'20"W(R) 253.00'(M)(R7)
N37°05'53"W(R)
103.72'(M)(R7)
N62°00'02"E 87.50'(M)(R7)
R=511.00'
Δ=0°01'27"(M)(R7)
L=0.22
SEE DETAIL "E" SHEET 6 N00°27'24"W 2646.70' (T) N00°28'19"W 2648.64' (T)(R7) 30' P.U.E. PER DOC. NO. 92-110416
N49°43'08"E 21.14 (M)(R7)
2632.05'(M)(R7)
R=764.00' Δ=37°22'03" L=498.27 (M)(R7) 40.08'
FD MAG NAIL W/ 2 FT SWING TIES ACCEPTED AS CL MONUMENT

OF MCREYNOLDS AVE AND SYLVAN AVENUE
MON OF RECORD IS 3/4" IP IN WELL (R2)
CENTER QUARTER SEC. 11 T.3S. R.9E.

FD MAG NAIL W/ 2FT SWING TIES PER CORNER
RECORD 3174 AS SHOWN ON (R7)

SUBDIVISION BOUNDARY

CENTER LINE

EASEMENT LINE

RIGHT OF WAY LINE

LOT LINE
BD BRASS DISC COR. CORNER

CALC CALCULATED FROM RECORD DOCUMENT CR CORNER RECORD

DOC NO DOCUMENT NUMBER CS COUNTY SURVEY

IP IRON PIPE-DIAMETER NOTED FD FOUND

MON MONUMENT ESMT EASEMENT

MID MODESTO IRRIGATION DISTRICT -PM- PARCEL MAP

PE PLANTING EASEMENT -M- MAP

PUE PUBLIC UTILITY EASEMENT -S- SURVEY

RS RECORD OF SURVEY (T) TOTAL
(R1) REFERENCED RECORD DOCUMENT (M) MEASURED
R# RADIAL BEARING SEC SECTION
SCR STANISLAUS COUNTY RECORDS S.F. SQUARE FEET
SFN SEARCHED, FOUND NOTHING W.C. WITNESS CORNER

ABBREVIATIONS
LEGEND

MONUMENT NOTES
FOUND 3/4" IRON PIPE W/ PLASTIC PLUG STAMPED "PLS 7788" PER 59-PM-03 (R7) UNLESS NOTED OTHERWISE.

SHEET OF 2 7

1. THIS SUBDIVISION CONTAINS A TOTAL OF 71 LOTS AND LOT A FOR PARK AND DRAINAGE PURPOSES, AND LOTS B, C AND G FOR LANDSCAPE PURPOSES, ON 18.74 ACRES, MORE OR LESS.

2. ALL DISTANCES SHOWN HEREON ARE GROUND DISTANCES, UNLESS OTHERWISE NOTED.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

5. ALL REFERENCES ARE TO STANISLAUS COUNTY RECORDS.

6. SEE SHEET 3 FOR BASIS OF BEARINGS AND GPS CONTROL DIAGRAM.

NOTES
(R1) 09-M-76 SUBDIVISION MAP, "H. L. WOOD SUBDIVISION OF THE LONE OAK TRACT", BOOK 9 OF MAPS, PAGE 76. (R2) 37-M-92 SUBDIVISION MAP, "SILVERADO AT THE VILLAGE PHASE II", BOOK 37 OF MAPS, PAGE 92. (R3) 24-PM-51 PARCEL MAP, BOOK 24 OF PARCEL MAPS, PAGE 51. (R4) 08-PM-62 PARCEL MAP, BOOK 8 OF PARCEL MAPS, PAGE 62. (R5) 22-S-51 RECORD OF SURVEY, FILED IN BOOK 22 OF SURVEYS, PAGE 51. (R6) 32-PM-150 PARCEL MAP, BOOK 32 OF PARCEL MAPS, PAGE 150. (R7) 59-PM- 03 PARCEL MAP, BOOK 59 OF PARCEL MAPS, PAGE 03.

REFERENCED RECORD DOCUMENTS

STANISLAUS COUNTY RECORDS
DETAIL "A"
(NOT TO SCALE) DETAIL B
(NOT TO SCALE)
N89°41'44"W
1326.36'(M)(R7) 972.11' N00°28'19"W
Phone (559) 451-0395 7110 N Fresno St, Suite 160
Toll Free (800) 270-9495 Fresno, CA 93720
N89°45'17"W 1305.68'
1305.70'(M)(R7)
N89°45'17"W 1305.68'

IOD-TO BE ABANDONED
DOC. NO. 2020-0027983-00
ABANDONMENT NOTE ON SHEET 1)
0 50 100 200
SCALE: 1" = 100'
DETAIL "A"
ABOVE
DETAIL "B"
ABOVE
IOD-TO BE ABANDONED DOC. NO. 2020-0027983-00
(SEE ABANDONMENT NOTE ON SHEET 1)
130.00' 143.00'
NORTHEAST COR OF SEC 11 T3SR9E
ESTABLISHED FROM FD 2' TIES (R4)

NW COR OF
SEC 11 T3SR9E
FD 2" IP IN MON

WELL WITH

WATER LID
PER CR01534
2632.06' (M)(R7)
30' ROAD DEDICATION
(R3)
30' MCREYNOLDS AVENUE
1326.36' (M)(R7)
BEING PARCEL 1 OF PARCEL MAP FILED IN BOOK 59 OF PARCEL MAPS, PAGE 3, STANISLAUS COUNTY RECORDS, LYING IN A PORTION OF SECTION 2 AND SECTION 11, T. 3 S., R. 9 E., M.D.B.&M.

NOVEMBER 2024

CITY OF MODESTO

STANISLAUS COUNTY, CALIFORNIA
CITY OF MODESTO TSM 22-001
CITY OF MODESTO PLANNING COMMISSION RESOLUTION NO. 2022-28 SYLVAN AVENUE 1658.51' (M)(R7-CALC) 1676.53 (M)(R7-CALC)

MANY PROCEDURES NORMAL AND NECESSARY TO THE OPERATION OF

AGRICULTURAL USES SUCH AS FIELD CROPS, VINEYARDS, ORCHARDS,

DAIRY AND POULTRY FARMS AND FEED LOTS RESULT IN NOISE, ODOR,

DUST, SPRAYING, IRRIGATION OR OTHER POTENTIALLY DETRIMENTAL EFFECTS TO RESIDENTIAL USE OF ADJACENT PROPERTIES. ALL PERSONS

PURCHASING LOTS WITHIN THE CONFINES OF THE APPROVED MAP FOR

THE PURPOSE OF ESTABLISHING RESIDENCE SHOULD INVESTIGATE THE LIKELIHOOD OF SUCH CONFLICTS.

RIGHT TO FARM
NORTH LINE LOT 4
FM2023-00132 UNIT 1
30' PRIVATE ACCESS EASEMENT
TO BE ABANDONED PER (R7)
(SEE ABANDONMENT NOTE ON
SHEET 1)
TIVOLI ARCADIA UNIT 1
#16..
- 643 -
BLOCK 11527 BLOCK 11526
BLOCK 11525
BLOCK 11527 BLOCK 11528
BLOCK 11527
PARCEL 2
59-PM-03

CALABRIA WAY VALERIO COURT

ARIA WAYUMBRIA COURT POPOLARI WAY LAVORO WAY

DUOMO COURT

BASILICATA
WAY

SALVATORE WAY
N69°16'30"W 2823.95' (2823.75' GRID) (R7)
N63°21'08"W 11822.85' (11822.02' GRID) (R7) BASIS OF BEARINGS SHEET OF 3 7
7 LEGEND
5 6
5 4

SHEET INDEX

VICINITY MAP
0 50 100 200
SCALE: 1" = 100'
Phone (559) 451-0395 7110 N Fresno St, Suite 160
Toll Free (800) 270-9495 Fresno, CA 93720
BEING PARCEL 1 OF PARCEL MAP FILED IN BOOK 59 OF PARCEL MAPS, PAGE 3, STANISLAUS COUNTY RECORDS, LYING IN A PORTION OF SECTION 2 AND SECTION 11, T. 3 S., R. 9 E., M.D.B.&M.

NOVEMBER 2024

CITY OF MODESTO

STANISLAUS COUNTY, CALIFORNIA
CITY OF MODESTO TSM 22-001
CITY OF MODESTO PLANNING COMMISSION RESOLUTION NO. 2022-28

BASIS OF BEARINGS

THE BASIS OF ALL COORDINATES AND BEARINGS SHOWN HEREON ARE

BASED ON THE LINE BETWEEN THE CITY OF MODESTO GPS CONTROL NETWORK POINT 2726 AND 2628, TAKEN AS BEARING S63°21'08"E ACCORDING TO THE RECORD OF SURVEY FILED IN BOOK 22 OF SURVEYS PAGE 51. TO

OBTAIN GRID DISTANCES MULTIPLY GROUND DISTANCES SHOWN BY .9999293185.

N56°54'40"W 7901.47' (7900.91' GRID) (R7)
FD 2" BD IN MON WELL.

GPS STATION POINT 2628
N: 2070998.042
E: 6439697.407

GRID COORDINATES
PER (R5)
FD 2" BD IN MON WELL.

GPS STATION POINT 2726.

N: 2076300.256
E: 6429131.108
GRID COORDINATES PER (R5).

SYLVAN AVENUE ROSELLE AVENUE
N89°32'23"E 1305.85'
(1305.76' GRID) (R7)

SECTION LINE GPS CONTROL DIAGRAM
FM2023-00132 UNIT 1
TIVOLI ARCADIA UNIT 1
#16..
- 644 -
10' PUE/PE
2 3 4 5 6 7 8 9 10 11 12
1 N0°27'37"W 55.14'
N89°32'23"E 1249.82'(T) N00°27'24"W 988.19'(T) 75.15'
30'
20'
10' PUE/PE
656.73' 24' 24' 24' 119.00'
5' W.C. 5' W.C.

N89°32'23"E 1305.81'(T)
3' W.C. N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N89°32'23"E 174.87' (T) C2 L2
C1 N00°27'24"W 80.00'

58.34' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' N00°27'37"W 95.00' 24' N00°27'37"W 102.00'

55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 41.00' 73.35' 55.00' N89°32'23"E 1305.85' (T)
549.06' N00°27'24"W 988.19'(T) SALVATORE WAY

58.00' 64.07'
FD 3/4" IP, NO TAG,

ACCEPTED NW
CORNER PARCEL A (R6)
N89°32'23"E 471.15' (T)
10' PUE/PE 10' PUE/PE
L1
549.06' 269.76'
10' PUE/PE
10 11 12 13 14 15 16 17 18 19 20 21 22
20 1
19 2
18 3
27 28 29 30
16 1
30 25
29 26
27 28 493.61' (T) 540.02' 119.00'

27.50'
N89°32'23"E 1249.82'(T)
10' PUE/PE
649.12'
24'
40' ROAD EASEMENT PER 9
30' ROAD DEDICATION PER 24-PM
20' 24' 24' 24' 24' 24'
5' W.C.
3' W.C. 3' W.C.
3' W.C. N00°27'37"W 95.00' N00°27'37"W 95.00'

55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 64.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' 10' PUE/PE N00°27'37"W 95.00'
LOT G
2612 S.F.

91.00' L3 24'
L4 N00°28'19"W 87.03' N00°28'19"W 102.01' N00°27'37"W 102.00'

64.05' 72.00'
136.05'

55.00' 55.00' 55.00' 55.00' 64.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' N89°32'23"E 1305.81' (T)
N89°31'41"E 106.00
N89°31'41"E 106.00
N89°31'41"E 106.00' 43.02' 47.00' 47.00' 58.00' 47.00' 47.00' N89°32'23"E 1305.85' N00°28'19"W 462.50' (T)
N89°32'23"E 318.01'
N45°39'04"W 21.14' N00°28'19"W 87.14'
N89°31'41"E 184.05'(T)
24'
24'

58.00' 64.07' 57.10'
10' PUE

SALVATORE WAY
FD 3/4" IP, NO TAG,

ACCEPTED NW
CORNER PARCEL A (R6)
10' PE 95.00'
N89°32'23"E 471.15' (T) N00°28'19"W 790.63' (T)
37'

27.48'
N89°32'23"E 409.01' 5' W.C. N00°28'19"W 972.11' N00°28'19"W 126.03' 487.00' 549.06'
13'
13'

SALVATORE WAY
10' PUE/PE
10' PUE/PE

CURVE TABLE
CURVE #
C1
C2
RADIUS

15.00'

15.00'
DELTA
89°59'47"
90°00'12"
LENGTH

23.56'

LINE TABLE
LINE #
L1
L2
L3
L4

DIRECTION
N44°17'43"E
N45°42'01"W
N44°20'56"E
N44°32'28"E
LENGTH

21.13'

21.14'

21.21'

SUBDIVISION BOUNDARY

CENTER LINE

EASEMENT LINE

RIGHT OF WAY LINE

LOT LINE

MONUMENT NOTES
BD BRASS DISC COR. CORNER

CALC CALCULATED FROM RECORD DOCUMENT CR CORNER RECORD

DOC NO DOCUMENT NUMBER CS COUNTY SURVEY

IP IRON PIPE-DIAMETER NOTED FD FOUND

MON MONUMENT ESMT EASEMENT

MID MODESTO IRRIGATION DISTRICT -PM- PARCEL MAP

PE PLANTING EASEMENT -M- MAP

PUE PUBLIC UTILITY EASEMENT -S- SURVEY

RS RECORD OF SURVEY (T) TOTAL
(R1) REFERENCED RECORD DOCUMENT (M) MEASURED
R# RADIAL BEARING SEC SECTION
SCR STANISLAUS COUNTY RECORDS S.F. SQUARE FEET
SFN SEARCHED, FOUND NOTHING W.C. WITNESS CORNER

ABBREVIATIONS
SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788", UNLESS NOTED OTHERWISE.

SET 2" x 24" IRON PIPE W/ BRASS CAP STAMPED "PLS 7788" IN STANDARD CITY OF MODESTO WELL, 5.00' OFFSET ALONG
SUBDIVISION STREET CENTERLINES WHERE NECESSARY.

FOUND 3/4" IRON PIPE W/ PLASTIC PLUG STAMPED "PLS 7788" PER 59-PM-03 (R7) UNLESS NOTED OTHERWISE.

SET 3/4" x 24" IRON PIPE WITH PLASTIC PLUG "PLS 7788" FOR ALL FRONT AND REAR LOT CORNERS, UNLESS OTHERWISE NOTED.

SET 3/4" x 24" IRON PIPE WITH PLASTIC PLUG "PLS 7788" AT OFFSET DISTANCE NOTED.
3' W.C.

LEGEND
SHEET OF 4 7 SEE ABOVE
1 1. THIS SUBDIVISION CONTAINS A TOTAL OF 71 LOTS AND LOTS A,B,C AND G FOR PARK SITE AND DRAINAGE BASIN ON 18.74 ACRES, MORE OR LESS.

2. ALL DISTANCES SHOWN HEREON ARE GROUND DISTANCES, UNLESS OTHERWISE NOTED.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

5. SEE SHEET 2 FOR REFERENCED RECORD DOCUMENTS.3

6. THE SUM OF INDIVIDUAL PARTS OF A GIVEN LINE OR CURVE MAY NOT EQUAL THE OVERALL QUANTITY DUE TO ROUNDING.

NOTES SEE BELOW CALABRIA WAY POPOLARI WAY ARIA WAY LAVORO WAY SEE SHEET 7
SEE SHEET 6
SEE SHEET 6
SEE SHEET 5
0 25 50 100
SCALE: 1" = 50'
30' P.U.E. PER DOC. NO. 92-110416
2 20' DITCH EASEMENT P.U.E. PER VOL. 327, PAGE 63
BLOCK 11525
BLOCK 11525
BLOCK 11527 BLOCK 11528
BLOCK 11528
BLOCK 11526
Phone (559) 451-0395 7110 N Fresno St, Suite 160
Toll Free (800) 270-9495 Fresno, CA 93720
BEING PARCEL 1 OF PARCEL MAP FILED IN BOOK 59 OF PARCEL MAPS, PAGE 3, STANISLAUS COUNTY RECORDS, LYING IN A PORTION OF SECTION 2 AND SECTION 11, T. 3 S., R. 9 E., M.D.B.&M.

NOVEMBER 2024

CITY OF MODESTO

STANISLAUS COUNTY, CALIFORNIA
CITY OF MODESTO TSM 22-001
CITY OF MODESTO PLANNING COMMISSION RESOLUTION NO. 2022-28 MCREYNOLDS AVENUE N89°32'23"E 471.15'(T)
3 13' MID EASEMENT PER ________________________
FM2023-00132 UNIT 1
TIVOLI ARCADIA UNIT 1
#16..
- 645 -
3 4
5 6
7 8
9 10
16 15
14 5
4 3
2 1 313.09' 540.02'
10' PUE/PE N00°28'19"W 551.06'(T)
R2
R3
R4
R5
R46
24'
24'
20'

SECTION LINE
3' W.C.
24'
10' PUE
10' PUE
10' PUE
N89°31'41"E 106.00' 40.08' 47.00' 47.00' 47.00' 47.00' 47.00' 47.28' 43.19' 58.00' 48.61' 47.00' 47.00' 47.00' 47.00' 47.00' 47.00' N89°45'21"W 91.19'
L5
N89°45'21"W 90.82' 54.00' 45.00' 45.00' 45.00' 60.00' 60.00' 45.00' 45.00' 45.00' 38.80' 47.00' N00°28'19"W 493.61' N00°28'19"W 462.50' (T) N89°45'21"W 106.01'
N89°45'21"W 106.01'
N89°45'21"W 106.01'
N89°45'21"W 106.01'
N89°45'17"W 106.01' N00°28'19"W 233.81'
N89°45'21"W 106.01'
N89°31'41"E 106.00'
N89°31'41"E 106.00'
N89°31'41"E 106.00'
N89°31'41"E 106.00'
N89°31'41"E 106.00' N00°28'19"W 249.00'
N89°45'21"W 130.01'
N89°45'17"W 467.52'
529.55'
Δ=37°22'03" L=498.27' R=764.00' Δ=67°50'06" L=904.53' (T) R=805.00' Δ=86°32'15" L=1215.84' 24' 24' N00°28'19"W 972.11' 309.10' 41'
N89°45'17"W 1305.68'(R7)
10' PE N00°28'19"W 790.63' (T)
37'
37'
S02°29'54"E (R)
246.19'
775.74'
13'
13'
361.51'
10' PE
10' PE
L6
10' PUE/PE
10' PUE/PE

LINE TABLE
LINE #
L5
L6

DIRECTION
S45°06'50"E
N44°51'29"E
LENGTH

21.08'

21.36'

SUBDIVISION BOUNDARY

CENTER LINE

EASEMENT LINE

RIGHT OF WAY LINE

LOT LINE

MONUMENT NOTES
BD BRASS DISC COR. CORNER

CALC CALCULATED FROM RECORD DOCUMENT CR CORNER RECORD

DOC NO DOCUMENT NUMBER CS COUNTY SURVEY

IP IRON PIPE-DIAMETER NOTED FD FOUND

MON MONUMENT ESMT EASEMENT

MID MODESTO IRRIGATION DISTRICT -PM- PARCEL MAP

PE PLANTING EASEMENT -M- MAP

PUE PUBLIC UTILITY EASEMENT -S- SURVEY

RS RECORD OF SURVEY (T) TOTAL
(R1) REFERENCED RECORD DOCUMENT (M) MEASURED
R# RADIAL BEARING SEC SECTION
SCR STANISLAUS COUNTY RECORDS S.F. SQUARE FEET
SFN SEARCHED, FOUND NOTHING W.C. WITNESS CORNER

ABBREVIATIONS
SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788", UNLESS NOTED OTHERWISE.

SET 2" x 24" IRON PIPE W/ BRASS CAP STAMPED "PLS 7788" IN STANDARD CITY OF MODESTO WELL, 5.00' OFFSET ALONG
SUBDIVISION STREET CENTERLINES WHERE NECESSARY.

FOUND 3/4" IRON PIPE W/ PLASTIC PLUG STAMPED "PLS 7788" PER 59-PM-03 (R7) UNLESS NOTED OTHERWISE.

SET 3/4" x 24" IRON PIPE WITH PLASTIC PLUG "PLS 7788" FOR ALL FRONT AND REAR LOT CORNERS, UNLESS OTHERWISE NOTED.

SET 3/4" x 24" IRON PIPE WITH PLASTIC PLUG "PLS 7788" AT OFFSET DISTANCE NOTED.
3' W.C.

LEGEND
SHEET OF 5 7
0 25 50 100
SCALE: 1" = 50'
SEE SHEET 4
SEE DETAIL "B"
SHEET 2
ROAD EASEMENT PER 9-M-76 BLOCK 11526 BLOCK 11527

ROAD EASEMENT
PER 9-M-76
Phone (559) 451-0395 7110 N Fresno St, Suite 160
Toll Free (800) 270-9495 Fresno, CA 93720
BASILICATA WAY POPOLARI WAY SEE SHEET 7 ARIA WAY

1. THIS SUBDIVISION CONTAINS A TOTAL OF 71 LOTS AND LOTS A,B,C AND G FOR PARK SITE AND DRAINAGE BASIN ON 18.74 ACRES, MORE OR LESS.

2. ALL DISTANCES SHOWN HEREON ARE GROUND DISTANCES, UNLESS OTHERWISE NOTED.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

5. SEE SHEET 2 FOR REFERENCED RECORD DOCUMENTS.

6. THE SUM OF INDIVIDUAL PARTS OF A GIVEN LINE OR CURVE MAY NOT EQUAL

THE OVERALL QUANTITY DUE TO ROUNDING
NOTES
BEING PARCEL 1 OF PARCEL MAP FILED IN BOOK 59 OF PARCEL MAPS, PAGE 3, STANISLAUS COUNTY RECORDS, LYING IN A PORTION OF SECTION 2 AND SECTION 11, T. 3 S., R. 9 E., M.D.B.&M.

NOVEMBER 2024

CITY OF MODESTO

STANISLAUS COUNTY, CALIFORNIA
CITY OF MODESTO TSM 22-001
CITY OF MODESTO PLANNING COMMISSION RESOLUTION NO. 2022-28 1 30' P.U.E. PER DOC. NO. 92-110416
2 20' DITCH EASEMENT P.U.E. PER VOL. 327, PAGE 63
3 13' MID EASEMENT PER ________________________
FM2023-00132 UNIT 1
TIVOLI ARCADIA UNIT 1
#16..
- 646 -
Δ=0°01'27"
L=0.22' 253.00' N37°07'20"W(R)
N37°05'53"W(R) 103.72'
R=511.00' Δ=7°31'27" L=67.11' Δ=7°30'00" L=66.89'

21.14'
26 27 28 29 30
25 24
22 21
20 19
18 17
16 15
14 13
12 55
56 58
59 60
61 62
67 66
23 N0°27'37"W 55.14'
269.76'
N89°32'23"E 174.00'
N20°55'30"E 43.00'
N72°30'53"W 140.00'
R23
N89°32'23"E 1249.82'(T) N89°32'23"E 1249.82'(T) N00°28'19"W 551.06'(T) 10' PUE/PE
R17
R20
R21
R11
R15
R22
R24
R13
R12
10' PUE/PE
10' PUE/PE
10' PUE/PE
10' PUE/PE
10' PUE/PE
R14
R19
R16
R42
R
=
4 0.0
0' Δ=180°00'00" L
=125.66'(T ) 24'
24'
24'
24'
24' 24' 24' 24'
24'
24'
24'
N48°51'14"W 169.00'
Δ
=17°5
6'4
4" L
=16

7.5 7' Δ=
23°39'39" L=2

0.93' R54
N45°49'46"W 204.14'
5' W.C.

N89°32'23"E 1305.81'(T)
5' W.C.
5' W.C.
5' W.C.
3' W.C.
3' W.C. 3' W.C. 3' W.C.
3' W.C.
3' W.C.
3' W.C.

R18
5' W.C.

CALABRIA WAY
L2

55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' L3 24' N00°28'19"W 87.03' N00°28'19"W 102.01' N00°27'37"W 102.00'

64.05' 72.00'
136.05' N00°27'37"W 102.00' N00°27'37"W 102.00' N00°27'37"W 102.00' N00°27'37"W 142.00' N00°27'37"W 102.00' N55°13'54"W 117.01' N09°00'28"W 92.49' N35°36'07"E 103.27' N41°38'20"E 93.16' N37°06'07"E 99.23' N74°50'00"E 97.03' N56°20'54"E 132.46'
N62°00'02"E 87.50'
N49°43'08"E 87.50 N45°49'46"W 98.68' N45°49'46"W 95.38' 66.36'

58.00' 58.00' 58.00' 58.00' 58.00' 64.07' 57.10'

58.00' 58.00' 58.00'

32.75'

37.71'

70.05' 58.00'

8.00'
109.29'
N89°32'23"E 128.05'
N70°02'59"W 117.29'
N55°52'06"W 70.46'

50.00'

67.00' N46°07'32"W 117.00' 40.00' 102.00'
R
=
511.0 ' Δ=
36°59'14" L=
329.8 ' (T) L7
L8 L952.72'

44.62' 44.00' 121.00'

12.94'

51.74' N31°17'27"E 64.68' N00°28'19"W 165.00'
N22°56'08"W 97.34'
R=50.00' Δ=264°32'14" L=
2 3

0.8 5' (T
C3 (T) )
C4
C5
C6
C7
C8 C9
C10
C11
C12
549.06' 487.00'
24'
N45°39'04"W 21.14' N00°28'19"W 87.14'
N89°31'41"E 184.05'(T)
24'
C36
C38
C37

58.00' 64.07' 57.10'

SALVATORE WAY

87.08'

11.60'
Δ=1 °43'54" L=109.54'

59.38'

36.00'

86.00' 88.00'

21.00'

19.00'
C42
C43

19.00'
C44
N89°32'23"E 471.15' (T)
N37°05'53"W (R) 103.72'
N37°07'20"W(R) 253.00'
R=
535.0 ' Δ=53°20'17" L=498.05
(T) C13
C14
C15
C16
10' PUE/PE 10' PUE/PE
Δ=7°30'00" L=66.89'
L1
R=51 .00' Δ=7°31'27" L=67.11' N00°28'19"W 126.03'
549.06'

59.98'

CURVE TABLE
CURVE #
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
RADIUS

50.00'

50.00'
511.00'
511.00'
511.00'
511.00'
DELTA
42°16'07"
42°16'07"
26°13'33"
16°02'34"
47°57'33"
46°58'57"
45°50'12"
48°07'42"
60°44'01"
14°53'49"
7°58'16"
9°18'23"
10°09'35"
9°33'00"
LENGTH

36.89'

22.89'

14.00'

41.85'

41.00'

40.00'

42.00'

53.00'

13.00'

71.09'

83.00'

90.61'

85.17'

LINE TABLE
LINE #
L1
L2
L3
L7
L8
L9

DIRECTION
N44°17'43"E
N45°42'01"W
N44°20'56"E
S0°27'37"E
N85°13'18"E
S0°30'32"E
LENGTH

21.13'

21.14'

16.26'

20.87'

21.09'

RADIAL BEARINGS
LINE #
R11
R12
R13
R14
R15
R16
R17
R18

DIRECTION
S82°29'21"E
S73°10'58"E
S63°01'23"E
S53°28'23"E
N70°23'47"E
S86°26'21"W
S38°28'49"W
S8°30'08"E

RADIAL BEARINGS
LINE #
R19
R20
R21
R22
R23
R42
R54

DIRECTION
N54°20'20"W
N77°31'58"E
N16°47'57"E
N1°54'08"E
S44°37'20"E
S48°51'14"E
S72°30'53"E

SUBDIVISION BOUNDARY

CENTER LINE

EASEMENT LINE

RIGHT OF WAY LINE

LOT LINE

MONUMENT NOTES
BD BRASS DISC COR. CORNER

CALC CALCULATED FROM RECORD DOCUMENT CR CORNER RECORD

DOC NO DOCUMENT NUMBER CS COUNTY SURVEY

IP IRON PIPE-DIAMETER NOTED FD FOUND

MON MONUMENT ESMT EASEMENT

MID MODESTO IRRIGATION DISTRICT -PM- PARCEL MAP

PE PLANTING EASEMENT -M- MAP

PUE PUBLIC UTILITY EASEMENT -S- SURVEY

RS RECORD OF SURVEY (T) TOTAL
(R1) REFERENCED RECORD DOCUMENT (M) MEASURED
R# RADIAL BEARING SEC SECTION
SCR STANISLAUS COUNTY RECORDS S.F. SQUARE FEET
SFN SEARCHED, FOUND NOTHING W.C. WITNESS CORNER

ABBREVIATIONS
SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788", UNLESS NOTED OTHERWISE.

SET 2" x 24" IRON PIPE W/ BRASS CAP STAMPED "PLS 7788" IN STANDARD CITY OF MODESTO WELL, 5.00' OFFSET ALONG
SUBDIVISION STREET CENTERLINES WHERE NECESSARY.

FOUND 3/4" IRON PIPE W/ PLASTIC PLUG STAMPED "PLS 7788" PER 59-PM-03 (R7) UNLESS NOTED OTHERWISE.

SET 3/4" x 24" IRON PIPE WITH PLASTIC PLUG "PLS 7788" FOR ALL FRONT AND REAR LOT CORNERS, UNLESS OTHERWISE NOTED.

SET 3/4" x 24" IRON PIPE WITH PLASTIC PLUG "PLS 7788" AT OFFSET DISTANCE NOTED.
3' W.C.

LEGEND
SHEET OF 6 7
0 25 50 100
SCALE: 1" = 50'

UMBRIA COURT

VALERIO COURT
SEE SHEET 7
SEE SHEET 7
SEE SHEET 4 SEE SHEET 4
BLOCK 11528
BLOCK 11527
BLOCK 11527
BLOCK 11527
5' W.C.

Phone (559) 451-0395 7110 N Fresno St, Suite 160
Toll Free (800) 270-9495 Fresno, CA 93720 LAVORO WAY

DUOMO COURT

1. THIS SUBDIVISION CONTAINS A TOTAL OF 71 LOTS AND LOTS A,B,C AND G FOR PARK SITE AND DRAINAGE BASIN ON 18.74 ACRES, MORE OR LESS.

2. ALL DISTANCES SHOWN HEREON ARE GROUND DISTANCES, UNLESS OTHERWISE NOTED.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

5. SEE SHEET 2 FOR REFERENCED RECORD DOCUMENTS.

6. THE SUM OF INDIVIDUAL PARTS OF A GIVEN LINE OR CURVE MAY NOT EQUAL THE OVERALL QUANTITY DUE TO ROUNDING.

NOTES
SEE DETAIL "C"
SHEET 6
BEING PARCEL 1 OF PARCEL MAP FILED IN BOOK 59 OF PARCEL MAPS, PAGE 3, STANISLAUS COUNTY RECORDS, LYING IN A PORTION OF SECTION 2 AND SECTION 11, T. 3 S., R. 9 E., M.D.B.&M.

NOVEMBER 2024

CITY OF MODESTO

STANISLAUS COUNTY, CALIFORNIA
CITY OF MODESTO TSM 22-001
CITY OF MODESTO PLANNING COMMISSION RESOLUTION NO. 2022-28 ARIA WAY POPLARI WAY DETAIL "C"
(1"=5')
12 CALABRIA WAY
5' W.C.

PARCEL 2
FM2023-00132 UNIT 1
TIVOLI ARCADIA UNIT 1
#16..
- 647 -

21.14'

PARCEL A
2 3
22 21
20 19
18 13
12 55
56 58 57
59 60
61 62
63 64
68 67
66 65
1 69
23 Δ=3°51'35" L=51.47'
L13 VALERIO COURT
R56 R52
R50 R58
R57 R51
R59 R49
R66
R65
R60
R61
R75
R76 R63
R73
R74
R62
R77
R70
R78
R71
R64
R72
R69
R55
R67
R68
R42
30' P.U.E. PER DOC. NO. 93-0084180 20' DITCH EASEMENT PER VOL. 327 PAGE 63 LOT A R84
R83
R86
R=40.00' Δ=180°00'0
L
" =125.66'(T )

SECTION LINE
C39
C40
24'
24' 24'
24'
24'
40'
40'
40'
24' 24'
24'
24'
10' PUE/PE
10' PUE/PE
10' PUE/PE 24' N72°30'53"W 140.00' N48°51'14"W 169.00' N45°49'46"W 204.14' Δ=17°56'44" L=167.57' Δ=23°39'39" L=220.93'
40'
R54
5' W.C.
5' W.C.
3' W.C.

R=764.00' Δ=67°50'06" L=904.53' (T) 41' 48'
R=805.00' Δ=86°32'15" L=1215.84' UMBRIA COURT

CALABRIA WAY
N00°27'37"W 95.00' N00°27'37"W 95.00' N00°27'37"W 95.00' N89°32'23"E 174.87' (T) C2
L1 L2
R=511.00' Δ=36°59'14" L=329.88' (T)
R=853.00' Δ=46°53'24" L=698.08'
R=105.00'
Δ=25°07'14"
L=46.04
24'

66.43'

63.32'

75.25'

71.00'

49.15'

70.00'

55.73'

75.33'

63.33'

66.34'
N41°08'46"E 101.84'
N41°08'46"E 105.04' N41°08'46"E 104.65'
N41°08'46"E 102.27'
N11°34'37"E 105.77'
N29°48'06"E 90.90' N23°11'09"E 111.12'
N10°05'46"E 86.64'
N00°27'37"W 102.00'
N00°27'37"W 102.00'
R=559.00' Δ=7°46'02" L=75.78' 42.71' 42.80' 40.00' 40.00' 205.00'
N60°37'14"W (R) 205.00'

60.00'

82.00'

63.00'
Δ=6°58'08" L=92.93' Δ=8°28'28" L=113.00' Δ=8°28'28" L=113.00' Δ=6°32'58" L=87.33' Δ=37°22'03" L=498.27'
R=559.00' Δ=15°44'30" L=153.58'
R
=
4 0.0 ' Δ=180°00'00" L=125.66'

40.00'

55.22'

80.00'

68.54'

70.00'

67.68'
N89°32'23"E 206.22'
R=559.00' Δ=13°59'29" L=136.51' L10
L11
L14
L15 L16
L17 L18 L19
L20
R=73.00' Δ=92°55'31" L=118.40' R=764.00' Δ=11°00'38" L=146.82' C17 C18
C19
C20
C21 C22
C23
C24
C25
C26
C27
C28
C29
C31 C30
C32
C33
C34
LOT B
1344 S.F.

LOT C
1623 S.F.

R=535.00' Δ=53°20'17" L=498.05' (T)
N89°45'17"W 529.94' 499.34'
294.70' 24'
C35
C36 C37 C38
SALVATORE WAY 87.08'

11.60'
Δ=11°43'54" L=109.54' 59.38' 36.00'
C41
41'

21.00'

19.00'
C42
Δ=7°48'44" L=76.22' Δ=7°55'46" L=77.36' C43

19.00'

21.00'
C44
Δ=6°42'31" L=65.45' Δ=7°16'58" L=71.05' C45
Δ=7°09'03" L=95.35' 35.63'
N37°07'20"W(R) 253.00' R53

48.00' L12

CENTERLINE ARIA WAY
L1
5' W.C.
269.76'

75.15'
5' W.C.

S02°29'54"E (R)
S19°15'14"E (R)
775.74'
246.19'

LINE TABLE
LINE #
L1
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20

DIRECTION
N44°17'43"E
S0°27'37"E
S29°33'08"E
N72°30'53"W
N72°30'53"W
N64°09'19"E
S5°53'38"E
N87°49'45"E
S13°03'54"E
N85°19'11"W
S44°17'26"E
N74°59'42"E
LENGTH

21.13'

16.13'

21.35'

13.71'

13.81'

21.35'

33.06'

33.32'

41.52'

42.11'

CURVE TABLE
CURVE #
C2
C17
C18
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
RADIUS

15.00'

20.00'

40.00'

40.00'
DELTA
90°00'12"
51°39'42"
51°39'42"
36°52'13"
36°52'12"
36°52'12"
36°52'12"
36°52'12"
36°52'13"
36°52'12"
36°52'12"
52°59'55"
74°00'10"
52°59'55"
55°51'48"
62°32'37"
47°16'09"
LENGTH

23.56'

18.03'

25.74'

37.00'

51.66'

37.00'

39.00'

43.66'

33.00'

CURVE TABLE
CURVE #
C33
C34
C35
C36
C37
C38
C39
C40
C41
C42
C43
C44
C45
RADIUS

40.00'

73.00'

40.00'

40.00'
DELTA
10°01'36"
4°17'50"
10°01'37"
10°01'36"
7°10'52"
7°10'51"
12°36'01"
10°16'11"
70°03'19"
29°41'20"
29°41'21"
26°50'36"
26°50'36"
LENGTH

7.00'

3.00'

7.00'

5.01'

16.05'

13.08'

89.26'

20.73'

18.74'

RADIAL BEARINGS
LINE #
R42
R46
R49
R50
R51
R52
R53
R54
R55
R56
R57
R58
R59
R60
R61
R62
R63
R64

DIRECTION
S48°51'14"E
S89°00'18"E
S45°35'48"E
N11°51'09"W
S78°00'57"W
N48°19'37"E
S44°53'22"E
S72°30'53"E
S52°48'30"E
S33°57'54"W
N4°16'34"E
N85°51'19"W
S52°08'46"E
S67°35'23"E
S60°44'55"W
S71°01'06"W
N42°40'31"W
N13°11'17"E

RADIAL BEARINGS
LINE #
R65
R66
R67
R68
R69
R70
R71
R72
R73
R74
R75
R76
R77
R78
R83
R84
R86

DIRECTION
N27°30'43"E
N54°21'18"E
S68°33'00"E
S76°28'08"E
S19°23'05"E
S83°10'40"E
S7°27'31"W
S27°30'42"W
S74°46'51"W
N38°55'35"W
N26°19'33"W
S77°59'16"E
S85°08'18"E
S88°59'54"E
N41°01'25"W
N66°08'38"W
S89°02'09"E
SHEET OF 7 7
0 25 50 100
SCALE: 1" = 50'
SEE SHEET 6 SEE SHEET 4
SEE SHEET 5
SEE DETAIL "A"
SHEET 2
BLOCK
11527
BLOCK
11527
BLOCK 11528
Phone (559) 451-0395 7110 N Fresno St, Suite 160
Toll Free (800) 270-9495 Fresno, CA 93720

1. THIS SUBDIVISION CONTAINS A TOTAL OF 71 LOTS AND LOTS A,B,C AND G FOR PARK SITE AND DRAINAGE BASIN ON 18.74 ACRES, MORE OR LESS.

2. ALL DISTANCES SHOWN HEREON ARE GROUND DISTANCES, UNLESS OTHERWISE NOTED.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

5. SEE SHEET 2 FOR REFERENCED RECORD DOCUMENTS.

6. SEE SHEET 6 FOR LEGEND, ABBREVIATIONS AND MONUMENT NOTES.

7. THE SUM OF INDIVIDUAL PARTS OF A GIVEN LINE OR CURVE MAY NOT EQUAL THE OVERALL QUANTITY DUE TO ROUNDING.

NOVEMBER 2024

CITY OF MODESTO

STANISLAUS COUNTY, CALIFORNIA
CITY OF MODESTO TSM 22-001
CITY OF MODESTO PLANNING COMMISSION RESOLUTION NO. 2022-28

ARIA WAY DUOMO COURT
N89°45'17"W 1305.68'
N00°27'24"W 1319.33'
FM2023-00132 UNIT 1
TIVOLI ARCADIA UNIT 1
#16..
- 648 -
Modesto, CA
ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. WATER
1 LF 3603 $80.00 $288,240.00
2 EA 26 $2,300.00 $59,800.00
3 LF 2275 $125.00 $284,375.00
4 EA 9 $4,500.00 $40,500.00
5 EA 71 $1,500.00 $106,500.00
6 EA 13 $6,500.00 $84,500.00
$863,915.00
B. SANITARY SEWER
1 LF 2,129 $60.00 $127,740.00
2 LF 1,288 $90.00 $115,920.00
3 LF 1,563 $130.00 $203,190.00
4 LF 10 $150.00 $1,500.00
5 LF 758 $165.00 $125,070.00
6 EA 71 $1,200.00 $85,200.00
7 EA 17 $4,000.00 $68,000.00
8 EA 1 $1,000.00 $1,000.00
$727,620.00
C. STORM DRAINAGE
1 LF 446 $40.00 $17,840.00
2 18" STORM DRAIN LF 435 $47.00 $20,445.00
3 24" STORM DRAIN LF 562 $55.00 $30,910.00
4 30" STORM DRAIN LF 550 $75.00 $41,250.00
5 36" STORM DRAIN LF 226 $85.00 $19,210.00
6 48" STORM DRAIN LF 643 $110.00 $70,730.00
7 EA 11 $4,000.00 $44,000.00
8 EA 16 $2,700.00 $43,200.00
$287,585.00
1 LF 5,276 $25.00 $131,900.00
2 6" VERTICAL CURB & GUTTER (INCL. RETURNS) LF 4,148 $25.00 $103,700.00 3 SF 39,495 $5.00 $197,475.00
4 ADA RAMPS LABOR ONLY EA 17 $750.00 $12,750.00
$445,825.00
10" SEWER MAIN

24" SEWER MAIN
8" WATER MAIN
8" GATE VALVE

SUB-TOTAL

HYDRANT, BURY & GATE VALVE
10" WATER MAIN

WATER LATERAL
10" GATE VALVE

OPINION OF PROBABLE COST
Project progress stage: Construction
6" CONCRETE (INCL. RAMPS, RETURNS &

DRIVEWAYS)
Project name: Arcadia Tivoli Unit 1 - 71 Residential Lots 21" SEWER MAIN
12" SEWER MAIN
4" STD. LATERAL
STD. SEWER MANHOLE
D. CONCRETE

4.5" ROLLED CURB & GUTTER

CATCH BASIN

SUB-TOTAL

SUB-TOTAL
8" SEWER MAIN
CONNECT TO EX. SEWER MAIN
12" STORM DRAIN
4/29/2025
STD. MANHOLE
#16..
- 649 -
E. PAVING
1 HOT MIX ASPHALT TON 4,746 $175.00 $830,582.81
2 CLASS II AGGREGATE BASE CY 7,530 $100.00 $753,011.11
$1,583,593.92
1 EA 12 $6,500.00 $78,000.00
2 EA 8 $8,500.00 $68,000.00
$146,000.00
1 MONUMENT WELLS EA 14 $300.00 $4,200.00
2 FENCING LF 663 $60.00 $39,780.00
3 SIGNAGE EA 7 $300.00 $2,100.00
4 STRIPING LS 1 $12,500.00 $12,500.00
5 STOP AND STOP BAR STRIPING EA 7 $250.00 $1,750.00
$60,330.00
$4,114,868.92
$411,486.89
$4,526,355.82
Notes:

1. This estimate does not include surveying, engineering, landscaping, street trees, or irrigation.

2. This estimate does not include cost for removal and/or replacement of existing utility poles and the utilities associated with the utility poles.

3. Estimated grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthwork.

4. Items not included as part of this estimate.

A. Existing Irrigation Facility Demolition/Relocations K. Joint Trench ( Dry Utilities) B. Permits L. Landscape Design Improvements
C. Utility Fees M. Street Trees
D. City Fees, bond fees N. Tree Removal
E. Engineering/design fees O. Mail Boxes
F. Soils engineering cost P. Proposed Irrigation Improvements G. Power Pole Relocation Q. Clear & Grub
H. Construction Surveying
I. Landscaping Fees
J. Easement acquisitions

GRAND TOTAL
10% CONTINGENCY
Civil Construction Total

SUB-TOTAL
G. MISCELLANEOUS
25' ELECTROLIERS

SUB-TOTAL

DECORATIVE LIGHT
F. ELECTROLIERS
#16..
- 650 -
#16..
- 651 -
#16..
- 652 -
#16..
- 653 -
#16..
- 654 -
#16..
- 655 -
#16..
- 656 -
#16..
- 657 -
#16..
- 658 -
#16..
- 659 -
#16..
- 660 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: July 2, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services Department / City Engineer SUBJECT: Final Map and Subdivision Improvement Agreement for Snow Tivoli Subdivision CONTACT: Jaspreet Mangat, Senior Civil Engineer, [email protected], 209-577-5253
DESCRIPTION:

Consider approving the Final Map and Subdivision Improvement Agreement (SIA) for the Tivoli Snow Subdivision consisting of roughly 38.91 acres located Northeast corner of Aria Way and Sylvan Avenue APN # 083-004-068. (Funding: Developer Fees) STRATEGIC PLAN ELEMENT:

Approval of this phase of a residential development is consistent with the City Council’s 2025-26 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

On October 1, 2021, Snow Properties LP submitted an application for Vesting Tentative Subdivision Map of Tivoli Arcadia of approximately 38 acres located at the Northeast corner of Sylvan Avenue and Aria Way. The applicant proposed 213 residential lots and five landscape lots.

On March 21, 2022, the City of Modesto Planning Commission approved Resolution No. 2022-11 which approved the Tentative Subdivision Map (TSM 21-005) to facilitate 213 single-family residential lots, and five (5) landscape lots.
#17..
- 661 -
City Council, July 22, 2025
Final Map and Subdivision Improvement Agreement for Snow Tivoli Subdivision

Page 2 of 3 ends

Modesto City CouncilJuly 22, 2025

Modesto City Council
July 22, 2025