FIRST AMENDMENT TO PROJECT IMPROVEMENT AGREEMENT
This FIRST AMENDMENT TO PROJECT IMPROVEMENT AGREEMENT for Jimco Truck Stop (“Amendment”) is made and entered into this 11th day of January, 2022, by and between RAT Oil, Inc. and Subtera, LLC, a California Corporation (“DEVELOPER” and “OWNER”) and the City of Ripon, a Municipal Corporation (“City”). It is made with respect to certain real property (the “Property”) owned by Owner, located at 1002 and 1022 Frontage Road, Ripon, California 95366, APN’s: (261-020-12 and 261-020-04).
WITNESSETH
WHEREAS, Developer and Owner entered into that certain Project Improvement Agreement dated July 9, 2019 in connection with Minor Site Plan Permit No.’s MSR16-05 and MSR18-13, permitting certain site improvements to the existing Jimco Truck Stop (the “Project”); and WHEREAS, as a requirement within the Project Improvement Agreement a Faithful Performance Improvement Bond and a Labor and Materials Bond, in the amount of 100% of the estimated cost of the construction of and completion of the Improvements per a cost estimate prepared by the Developer’s engineer and as approved by the Ripon City Engineer. The Bonds are sufficient to cover the estimated cost of certain improvements within the City right-of-way.
WHEREAS, the Parties now desire to set forth in this Amendment a revised sequencing schedule (Exhibit A) and the terms and conditions under which City will permit occupancy of the Truck Wash and Developer/Owner will continue work through the revised phasing/sequencing plan to complete the project.
NOW, THEREFORE, IT IS AGREED by and between Developer/Owner and City as follows:
1. Improvement Requirements. Developer/Owner agrees to complete all improvements as outlined in the conditions of approval of both Minor Site Plan Permit No.’s MSR16-05 and MSR18-13 and as outlined in the new sequencing plan (Exhibit A). If the Developer/Owner fails to complete all required improvements, the City may, in its discretion, undertake the work described therein using the Security Bonds. In the event that Developer/Owner shall fail to complete any of the required improvements, or to complete any of the work, or any part thereof in accordance with the provisions of this Agreement, the City, upon thirty (30) days prior written notice, shall have the immediate right to take over and complete the same, and shall have the further right to appropriate from the Security Bonds or any other financial instrument made or given to City as guarantee hereunder, sufficient monies for complete reimbursement to the City of any and all reasonable costs which may be incurred by City in connection with the completion of any of the improvements or agreements, as herein set forth. Any excess of such cash or other deposits over and above all costs incurred by the City to complete the same, shall be refundable to any applicable guarantor, bank or surety company. If the total amount of such costs of improvements expended by City exceeds the amount of the Security Bonds, Developer/Owner shall immediately become personally liable to City for any such additional sum, and shall immediately pay the excess cost to City upon written demand made thereof by City,
2. Remaining Terms Unaffected. Unless specifically modified in this Agreement, the remaining terms of the original Project Improvement Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunder set their hand the day and year first above written.
“CITY”
CITY OF RIPON, a Municipal Corporation
By: _____________________________________
Dean Uecker, Mayor
ATTEST
By: _____________________________________
LISA ROOS, City Clerk
“DEVELOPER”
By: _____________________________________
Tom Saberi, President, RAT Oil, Inc.
“OWNER”
By: ______________________________________
Kulwinder S. Johal, Subtera, LLC, Member
Exhibit “A
SEQUENCING OF EVENTS
1. Prior to Occupying the New Truck Wash Building
Proponent shall submit the landscaping plan for Brady Lane and Frontage Road for approval
Completed and approved on 11/17/21
Proponent shall obtain Demolition Permit for Truck Wash Demolition Permit obtained on May 4, 2021
Proponent shall tear out of the existing landscaping on Brady Lane, install black coated chain link fence along Brady Lane and prepare area to execute the landscaping plan when Brady Lane PG&E undergrounding is performed Landscaping has been removed
Proponent shall ensure the DEF tank fencing and screening is complete, including painting the masonry wall to match the existing main building on-site Completed and signed off by Planning Department 12/28/21 Proponent shall clean up all extraneous materials around the restaurant and main building on the site.
Proponent shall pay all fees to PG&E for undergrounding of Frontage Road Completed – receipt/contract dated 2/27/21
2. After occupying the new truck wash, proponent shall demolish the old truck wash and fill in paving.
3. Proponent shall install curb, gutter, sidewalk and driveway approaches on Frontage Road across the entire project frontage.
4. Upon PG&E’s completion of the engineering and design for the undergrounding on Brady Lane, proponent shall pay all associated fees to PG&E for Brady Lane and submit proof to the City of Ripon’s Planning Department.
5. Upon completion of PG&E’s engineering/design, proponent shall underground the overhead PG&E lines across the project frontage on Frontage Road and Brady Lane.
Upon completion of PG&E undergrounding, proponent shall complete the landscaping across the project frontages on Frontage Road and Brady Lane pursuant to the approved landscaping plans.
6. Proponent shall finish exterior façade improvements of the existing truck mechanic shop
7. Proponent shall landscape the storm water pond area