Cities Index.
Exhibit 1 - Cannery 11 (Village A) Map Agreement

City Council and Concurrent Authorities
July 26, 2022

Document
Exhibit 1 - Cannery 11 (Village A) Map Agreement
Meeting
July 26, 2022
Body
City Council and Concurrent Authorities
Original file
2.0 MB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

1 After Recording Return To:

City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202

SUBDIVISION AGREEMENT
(FINAL MAP)
THIS SUBDIVISION AGREEMENT (“Agreem ent”) is made and entered into as of _________________________ by and between the CITY
OF STOCKTON, hereafter referred to as
"CITY," and KB HOME NORTH BAY, LLC, A DE LAWARE LIMITED LIABILITY COMPANY, hereinafter referred to as "SUBDIVIDER."
W I T N E S S E T H:

Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled CANNERY PARK, UNIT NO. 11 (VILLAGE A) -- TRACT NO. 4075 (TM 8-04) which Map has been checked and approved by the County Surveyor; and Said Map has been filed with the City Engineer for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; and Subdivider has requested approval of said Map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications (5460C) dated 10/15/21, prepared by VVH Consulting Engineers, and consisting of Sheets 1 through 15 are now on file in the Office of the City Engineer; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16, Division 6, of the Stockton Municipal Code.

NOW, THEREFORE, for and in consideration of these premises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Municipal Code, the parties hereto agree as follows:

1. PERFORMANCE OF WORK
Subdivider shall constru
ct or cause to be constructed, at Subdivider's own expense, in a good and worklike manner, under the direction and to the satisfaction of the City Engineer, all of the following work and improvements within the subdivision, to-wit:

Those certain improvements designated and shown on said Map as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, EXHIBIT 1

2 street lights, sidewalks, and other on or off-site improvements in accordance with the plans and specifications on file in the office of City Engineer together with any changes required or ordered by said Engineer, which in the Engineer’s opinion, are necessary or required to complete the work.

2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER

All of said work is to be done to the satisfaction of the City Engineer, and to the grades as shown upon the approved plans and specifications on file in the Office of the City Engineer.

Subdivider warrants that construction will not adversely affect any portion of adjacent properties.

3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE

At least seventy-two (72) hours prior to the commencement of any work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.

Subdivider will complete, or cause to be completed, within two (2) years of approval of said Map and construction plans by the City Council, all improvements in accordance with the plans and specifications on file as hereinbefore specified, including any changes required or ordered by the said Engineer.

The work shall be performed in a safe and good worklike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.

Except during an emergency, as determined by the City Engineer, all work shall be performed between the hours of 7:00 a.m. and 9:00 p.m.

Any contractor not performing as required by this agreement may, at the discretion of the City Engineer, be barred from doing any work within the City of Stockton on any subdivision or any public works project for a maximum period of two (2) years.

City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of City and State codes.

4. TIME OF ESSENCE: EXTENSION

Time is of the essence of this agreement; provided that in the event good cause is shown, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not release or modify the surety's liability on the bond to secure the faithful performance of this agreement, or the payment for labor and materials.

5. REPAIRS AND REPLACEMENTS

Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the EXHIBIT 1

3 owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer.

6. UTILITY DEPOSITS: STATEMENT

Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision.

7. PERMITS: COMPLIANCE WITH LAW

Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law.

8. SUPERINTENDENCE BY SUBDIVIDER

Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.

9. INSPECTION BY CITY

Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.

10. CONTRACT SECURITY

Concurrently with the execution hereof, Subdivider shall furnish:

A. A cash bond guaranteeing payment for placing
monuments in the amount of (7 Monuments) ..................... $14,000.00

B. A surety bond, cash deposit or letter of credit
(50% of the public improvements cost) as security
for the faithful performance of this agreement in the
amount of ......................................................................... $548,293.00

C. A separate security bond, cash deposit or letter
of credit (50% of the public improvements cost) as
security for the payment of all persons performing
labor and furnishing materials in connection with
this agreement in the amount of ....................................... $548,293.00

The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the Administrative Services Officer. Release of securities shall be as follows:

EXHIBIT 1

4 A. Security given for faithful performance s hall be released after the City has finally accepted the work, and provided that security of at least ten (10) percent of the public improvements cost has been retained or security has been furnished to the City to guarantee and warrant the work for 1-year following the date of such acceptance of the work.

B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials or equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.

C. The security guaranteeing that the completed work remains satisfactory during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period.

D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.

In the event that improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider's surety or the financial institution providing the Instrument of Credit.

11. INDEMNITY AND HOLD HARMLESS AGREEMENT

With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, SUBDIVIDER shall, indemnify, protect, defend with counsel approved by CITY and at SUBDIVIDER’S sole cost and expense, and hold har mless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys' fees, expert and subdivider fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or CITY Policy, by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIV IDER shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of SUBDIVIDER to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by SUBDIVIDER under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, the parties agree that SUBDIVIDER’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of EXHIBIT 1

5 or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITY’S liability, breach of this Agreement, or other obligation or fault has been determined. SUBDIVIDER shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert subdivider and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse SUBDIVIDER for amounts paid in excess of SUBDIVIDER’S proportionate share of responsibility for the damages within 30 days after SUBDIVIDER provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures SUBDIVIDER is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, SUBDIVIDER shall indemnify, defend, and hold harmless CITY its Mayor, Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of SUBDIVIDER, regardless of whether such claim may be covered by any applicable workers compensation insurance. SUBDIVIDER’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBDIVIDER under workers’ compensation acts, disability acts, or other employee benefit acts.

INSURANCE REQUIREMENTS

Subdivider shall comply with the insurance requirements set forth in Exhibit B.

12. TITLE TO IMPROVEMENTS

Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City, except as otherwise may be provided in this agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Engineer accurately revised "as built" plans showing all the sanitary, storm and water lateral locations, monuments with tie notes and unit prices and quantities of the underground sewer, storm drainage, water, street lighting and street facilities installed as part of this subdivision unit.

13. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK

If, within a period of one (1) year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, City may, at its option, make EXHIBIT 1

6 the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus twenty-five (25) percent as administrative costs. In accordance with Section 16.72.070 of the Stockton Municipal Code, the subdivider shall deposit $10,966.00 with the City to correct deficiencies and conditions caused by the Subdivider or contractor during or after the construction of this subdivision.

14. SUBDIVIDER NOT AGENT OF CITY

Subdivider or any of Subdivider's agents or contractors are not or shall not be considered agents of City in connection with the performance of Subdivider's obligations under this agreement.

15. COST OF ENGINEERING AND INSPECTION

Prior to commencement of construction, the Subdivider shall pay to the City of Stockton the cost for the checking of engineering plans, inspection of the work, and the checking and testing of the materials at the appropriate existing rate. The cost of such improvements is based on an approved estimate, or on the construction contract, if awarded prior to filing of the map with the City Council.

Plan Checking Fee = $32,563.72
Inspection Fee = $38,903.51

No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.

All work, which requires inspection, shall be performed during the City's normal working hours and work days. If any work is performed before 8:00 a.m., after 5:00 p.m., or on a City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector's hourly cost to the City. This payment is not included in the 3.5 percent (3.5%) engineering and inspection fee.

If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.

16. FILING FEES

Concurrently with execution hereof, Subdivider shall pay a computer mapping fee of $301.00 ($148 + $3/lot), a map filing fee of $3,526.00 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $107.00 and $290.00, respectively. City will forward the checks with the Map for recording.

17. NOTICE OF BREACH AND DEFAULT

If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement or of any portion thereof and default of Subdivider.

EXHIBIT 1

7 18. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY

In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for the cost and damages occasioned City thereby; and, in such event, City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees.

19. NOTICES

All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

CITY ENGINEER
22 E. WEBER AVENUE
STOCKTON CA 95202

Notices required to be given to Subdivider shall be addressed as follows:

KB HOME NORTH BAY, LLC
4830 BUSINESS CENTER DR., SUITE 150
FAIRFIELD CA 94534

Notices required to be given to surety of Subdivider shall be addressed as follows:

LIBERTY MUTUAL INSURANCE COMPANY
633 W. 5TH STREET, SUITE 1200
LOS ANGELES, CA 90071

Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.

20. FIRE PROTECTION

No building permits will be issued in this subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be EXHIBIT 1

8 modified or waived if an alternate method of providing fire protection is provided and approved by the Stockton Fire Department.

21. STREET TREE SECURITY

The Subdivider shall provide a faithful performance bond, cash deposit, or letter of credit for 125% of the street tree fee based on $195 per tree.

Street Tree Security: 62 trees @ $195 ea. X 125% = $15,112.50

22. STREET NAME SIGN FEE

The Subdivider shall pay a street name sign fee based on $286.25 per sign to be furnished and installed by the City.

Street Name Sign Fee: 5 signs @ $286.25 ea. = $1,431.25

23. SUMMARY OF FEES

The fees mentioned in this Agreement are summarized in Exhibit A attached hereto and incorporated herein by reference. However, some fees such as the Public Facilities Fee and Parkland Fee, which are collected at the building permit stage, are not included in this summary.

24. BINDING UPON SUCCESSORS

This agreement shall be binding upon and inure to the benefit of, and be enforceable by and against, the heirs, successors, and assigns of the parties hereto, subject to the terms hereof.

25. ASSIGNMENT

Subdivider shall have the right to assign (by sale, transfer, or otherwise) directly or indirectly, all or part of it s rights, duties and obligations under this agreement as to any portion or all of the Property upon a specific written request and written consent by the City Manager which shall not be unreasonably withheld, delayed or conditioned. Except that Subdivider may, without the consent of the City, assign th is Agreement to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest in the real property which is the subject of the Map, provided the assigning party causes the assignee to assume in writing all obligations of the assignor under this Agreement. Notice of an assignment to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest shall be given to the City in writing within 30 days of such change. Upon any such assignments, Subdivider shall be released from its obligations under this Agreemen t and shall receive the immediat e return of all security deposits, including, but not limited to bonds, letters of credit, security instruments or any other financial commitments upon the replacement of same by the assignee. The rights and obligations of this Agreement shall bind and benefit any su ccessors or assigns of the parties.

26. SPECIAL PROVISIONS

The subdivision of the property subject to the Map described herein shall be subject to the tentative map conditions in TM8-04 as shown in Exhibit C attached hereto, and the timing and EXHIBIT 1

9 implementation of said conditions shall be in accordance with the "Master Subdivision Agreement Cannery Park" attached hereto as Exhibit D, and hereby made a part of this agreement.

The property to be subdivided by the Map described herein shall participate in the Cannery Park Storm Water Quality Assessment District formed by City Council on November 15, 2005 by Resolution 05-0505.

Note: No building permits shall be issued until the Map described herein is recorded.

Note: Right-of-way dedication for bus turnouts, street right-of-way, and slope easements for grade separations shall be dedicated when necessary with the Map described herein.

ATTEST: CITY OF STOCKTON:

ELIZA R. GARZA, CMC HARRY BLACK

CITY CLERK CITY MANAGER

By By__________________________

APPROVED AS TO FORM: KB HOME NORTH BAY, LLC

OFFICE OF THE CITY ATTORNEY _____________________________ (PRINT NAME)

BY_________________________ BY__________________________

CITY ATTORNEY (SIGNATURE)
___________________________
(TITLE)
_____________________________

APPROVED BY CITY COUNCIL RESOLUTION NO.
_______________________ ON , 20 .

EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1

EXHIBIT A

SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE .............................................................. $1,431.25 PLAN CHECK FEE .... ... ....... ....................................................... $32,563.72 INSPECTION FEE ..... ....... ........................................................... $38,903.51 MATERIAL TESTING FEE ..... ......................................................... $7,116.47 FILING FEE ............. .. ...... ... ......................................................... $3,526.00 TECH FEE .... ..... ... ..... .......... ....................................................... $5,360.04 C�FEE ... ... ...... ...... ........ ... ....................................................... M,2�.ro CASH DEPOSIT ............................................................................ $10,966.00 COMPUTER MAPPING FEE ...... ...................................................... $301.00 MUD IMAGING FEE ...... .......... .... .................................................... $240.00 ASSESSMENT DISTRICT SEGREGAT ION ........................................... $0.00 TOTAL ....... $104,696.02
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (5 Sheets) ....................................................................... $107.00 AGREEMENT (68 Sheets) ...................................................... $290.00 TOTAL ............. $397.00
BONDS
MONUMENT BOND ........................................................... $14,000.00 PERFORMANCE BOND .................................................. $548,293.00 LABOR AND MATERIAL BOND ...................................... $548,293.00 STREET TREE BOND ..... .................................................. $15,112.50 TOTAL .... $1,125,698.50
13 EXHIBIT 1

14 SUMMARY OF FEES AND BONDS (CONT.)

PROPORTIONATE SHARES

GRADE SEPARATION AT UPRR (SPRR) AND
EIGHT MILE ROAD ............................................................................................ PFF

EIGHT MILE ROAD/HAM LANE ..................................................................... $1,159.46

EIGHT MILE ROAD/LEACH ROAD ................................................................ $1,159.46

EIGHT MILE ROAD/HWY 99 WEST
FRONTAGE ROAD ......................................................................................... $2,398.33

EIGHT MILE ROAD/HWY 99 EAST
FRONTAGE ROAD ............................................................................................ $231.17

EIGHT MILE ROAD/HWY 99 EAST FRONTAGE
ROAD AT NORTHBOUND RAMP ..................................................................... $585.12

MORADA LANE/HWY 99 WEST FRONTAGE
ROAD ................................................................................................................. $710.76

MORADA LANE/HWY 99 EAST FRONTAGE
ROAD ................................................................................................................. $927.50

BEAR CREEK PEDESTRIAN/
BICYCLE TRAIL ............................................................................................ $14,886.78

TEMPORARY PARK AND RIDE LOT ............................................................ $9,035.28

PARK AND RIDE FACILITIES (686-0000-237.67-38) .................................. $18,750.00

STREET MICROSURFACING (686-0000-237.67-40) .................................. $11,561.00

TOTAL $61,404.86

EXHIBIT 1

15 Exhibit B:

Insurance Requirements for Construction Contracts

Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurren ce” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregat e limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

5. Surety Bonds as described below.

6. Professional Liability (Errors and Omissions) Insu rance appropriate to the Contractor’s profession, with limit no le ss than $2,000,000 per o ccurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or higher limits maintain ed by the contractor. Any av ailable insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

EXHIBIT 1

16 Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton Risk Services. At the option of the City of Stockton, either: the contractor shall cause the insurer to reduce or eliminate such se lf-insured retentions as respects the City of Stockton, its officers, officials, employees, and volunteers; or the Contract or shall provide a financial guarantee satisfactory to the City of Stockton guaranteeing payment of losses and related investigations, claim administration, and de fense expenses. The po licy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.

Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowe d by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions us ed). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be endorsed as primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees , and volunteers. Any insurance or self-insurance main tained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. The City of Stockton does not accept endo rsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

3. Each insurance policy required by this clause shall pr ovide that coverage shall not be canceled, except with notice to the City of Stockton.

EXHIBIT 1
17 Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If a
ny coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is ca nceled or non-renewed, and not re placed with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve le ad-based paint or asbestos id entification/remediation, the Contractors Pollution Liability policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contai n a mold exclusion, and the de finition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be
placed with insurers with a current A.M. Best rating of no less than A:

VII, unless otherwise acceptable to the City of Stockton.

Waiver of Subrogation
Contracto
r hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation poli cy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

EXHIBIT 1
18 Verification of Coverage
Contractor
shall furnish the City of Stockton with original certifi cates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City of Stockton Risk Servi ces before work commences. Howe ver, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserv es the right to requir e complete, certified copies of all required insurance policies, including endorsements , required by these specifications, at any time.

Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.

Subcontractors
Contractor
shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Surety Bonds
Contractor
shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond (or Labor and Material bond)

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly ex ecuted by a responsibl e corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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19 Special Risks or Circumstances
City of Stockton reserves the right
to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton
400 E Main Street, 3rd Floor – HR
Attn: City Risk Services
Stockton, CA 95202
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MASTER SUBDIVISION

AGREEMENT CANNERY PARK
The intent of this Master Subdivision Agreement is to provide an outline for the orderly implement
ation of the co nditions of approval for TM8-04A&B. The t iming and extent of the improvements referenced below are subject to changes in accordance with approval by the
City of Stockton Public Works Director or City Engineer. Such changes, consistent with the above
conditions of approval, are to be reflected in t he subsequent subdivision agreements for each development phase of the Cannery Park Subdivisi on.

General Conditions
The owners, and developers and/or successors-in-interest (the 'ODS') whom subdivide property
with the Cannery Park Subdivision shall comply with the following general conditions. These general co nditions may be more specifically detailed in the development scenarios presented herein.

1. Comply with all applicable Federal, State, County, and City codes, regulations, and adopted standards and pay all applicable fees. (#1), (SPA#1)

2. Pursuant to Section 15091 and 15093 of the State CEQA Guidel ines, the project shall be subject to all applicable mitigation measures identified in the City-adopted "Findings, Statement of Overriding Considerations, and Mitigati on Monitoring and Reporting Program for the Cannery Park Mixed Use Project." (#2), (SPA#2)

3. Tentative maps TM8-04A&B shall not be effective until the ex ecution of the Annexation Memorandum of Understanding (MOU) by the applicant and the City, the effective date of the General Plan Amendment (GPA1-03), prezoning (Z-1-03) Specific Plan Amendment (SPA1-03) and Development Agreement (DA 2-03) for this site, and the recordation of the Annexation (A-03-1) of th is site to the City of Stockton. If annexation is not completed within two (2) years of the approval of the tentative map by the Planning Commission, this map shall be null and void. {#44)

4. Establish Covenants, Conditions and Restrictions (CC&Rs) for the maintenance of landscaping, structures and fences on the private properties and review of architectural design for resident ial structures within the subd ivision area. The CC&Rs shall be subject to review and approval by the City Attor ney and the Community Development Director prior to the issuance of the first residential building permit. The owners, dev elopers and/or successors-in-in terest shall be responsible for recordation of the CC&Rs and payment of recording expenses. The City shall be declared to be a third-party beneficiary of the CC&Rs and shall be entitled, without obligation, to take appropriate legal action to enforce the CC&Rs. (#45)
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Sanitary Sewer

1. Prepare and have approved a master plan to demonstrate that sewage generation by the proposed project can be accommodated within planned coll ection system improvements. The ODS shall desi gn and construct all necessary improvements to the system to accommodate anticipated sewage generation and transmission. (#3)
Storm Drainage

1. Demonstrate to the satisfaction of the City Engineer that th e storm water runoff generated by the proposed project can be accommodated with the planned storm water collection system improvements, as provided by the City's Standard Plans and Specifications. The ODS shall provide an alternative storm water collection plan if the proposed storm water collection system is determine d to not have sufficient capacity. (#4)

2. The ODS of Lot 3 shall dedicate the Lot to the City of Stock ton when determined necessary by the Director of the City of Stockton Municipal Utilities Department.

Traffic & Circulation (Analysis, Phasing and Dedication)

1. Conduct a queuing and traffic access analysis at proposed signalized intersections to determine appropriate intersection location and required turn pocket/lane length. (#8)

2. Prior to recordation of any part of these Tentative Maps (TM 8-04A&B) as a Final Map (Parcel Map/Subdivision Map), the ODS shall enter into a Master Agreement to identify the timing/phasing of improvements and provide for appropriate improvement securities. (#26)

3. The ODS shall conduct a project phasing analysis to determine the timing and level of project development that can occur before degrading the oper ational level of service at the Eight Mile Road/State Highway Route 99 interchan ge and Morada Lane/State Highway Route 99 interchange below level of service that conforms with State Urban Highway Standards. Said study shall be approved by the City and identified improvement timing shall be binding on the ODS. (#14) Traffic & Circulation (Design, Construction and/or Funding Proportionate Share)

1. The ODS shall be responsible for 100 percent of the design and construction costs of on-site roadway and intersect ion improvements and roadway ex tensions and public utilities identified on t he Tentative Map and/or include d in the project EIR, project description or as mitigat ion measures. Improvements include but are not limited to all sewer, water and storm drain lines, traffic signals, street lighting, street paving, curb, gutter and sidewalk. (#10)
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2. The ODS shall be responsible for their proportionate share, ba s e d o n t r a f f i c loadings, of the costs for Project Study Reports (PSRs) and Project Reports (PRs) and necessary improvements described in the PSRs/PRs for the St ate Route 99 mainline system, the Morada Lane/State Route 99 overcrossing-interchange, and Eight Mile Road/State Route 99 ove rcrossing-interchange to prov ide a level-of- service that conforms with Stat e Urban Highway Standards. The ODS shall participate in a funding mechanism including, but not limited to: an assessment district (AD); area of benefit (AOB); or equivalent, and the OD S shall prepare and enter into an agreement with the City to establish the financin g, design, construction, and timing of the PSRs, PRs and necessary improve ments as identified. Said agree ment shall be subject to the approval of the City Manager. (#15)

Eight Mile Road Specific Plan

1. If the improvements allowed by Specific Plan Amendment SPA1- 03 are not constructed within five years, the Specific Plan Amendment shall be null and void. (SPA#6)

2. Specific Plan Amendment SPA1- 03 shall not be effective until the effective date of annexation A-03-1. (SPA#7)

Domestic Water

1. The ODS shall conduct an eng ineering analysis, acceptable to the Director of Municipal Utilities, that demons trates that the water system im provements to be constructed within the City of Stockton water service area are sufficient to meet the following conditions: (#28)

For ultimate build-out of the subdivision:

a. With a given system pressure o f 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 40 psi p ressure at any location during the period of peak hour demand (peak hour deman ds shall be calculated at 175 percent of maximum daily demands).

b. With a given system pressure o f 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi p ressure at any location during the period of maximum day demand (maximum day d emands shall be calculated at 210 percent of the average day demands) combined with a fire flow of 2,000 gpm out of any fire hydrant in the residen tial portion of the subdivision.

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c. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the i nternal water system improvements shall be sized to provide at least 20 psi p ressure at any location during the period of maximum day demand combined with a fire flow of 3,000 gpm out of any fire hydrant in the commercial and indu strial areas of the subdivision.

For phased developments of units within a subdivision (interim development):
d. With a given system pressure of 45 psi at the existing point s of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi p ressure at any location during the period of maximum day demand combined with a fire flow of 1,500 gpm out of any fire hydrant in the subdivision (maximum day demands shall be calculated at 210 percent of the average day demands).

2. Appropriately sized utilities and 3-phase electrical service shall be provided for all City owned or operated facilities. (#29)
Non-potable Water (Landscape Irrigation)

1. The ODS shall prepare a master plan for the non-potable irrigation system for the withdrawal and use of non-potable water from the Woodbridge Irrigation District (WID) canal system that passes through the project site. The system will consist of an intake structure, pump and mains, etc. that would distribute non-potable water to parks, open space, streetscape, landscaping adjoining and wi thin commercial and industrial areas within the project area. System operation will be coordinated by the City with financing provided by a maintenance district. The master plan shall be subject to the approval of the Municipal Utilities Director. The ODS shall construct the approved system to the satisfaction of the Director of Public Works and the Director of the Parks and Recreation Department. (#32) Landscape Maintenance District

1. Prior to recordation of any F i n a l M a p , t h e O D S s h a l l f o r m a new zone of the Stockton Consolidated Landscape Maintenance District 96-2, and approve an assessment providing for the subdivision's proportionate share of the costs to maintain public parks within the service area for this subdivis ion or serving this subdivision. (#30)

2. Prior to recordation of any Final Map, the ODS shall establish a maintenance entity acceptable to the Community Development Director, the Parks and Recreation Director and the Public Works Director to provide funding for t he maintenance of improvements including, but not limited to, common area landscaping, landscaping in the right-of-way, sound walls and/or back-up walls, construc ted for the special benefit of this subdivision. The ma intenance entity shall also provide funding for EXHIBIT 1
the seasonal "ripping" offload control basin 2 and vector contr ol within the basin. (#31)
Oak Tree Avoidance/mitigation

1. Removal of Oak trees shall be avoided whenever feasible. The owners, developers, and/or successors-in- interest shall coordinate the layout of project plans with the City Arborist and City Parks Facility Planner/Landscape Architect to minimize or eliminate Oak tree removals. If removal of an Oak t ree cannot be avoided, the owners, developers, and/or successors-in-interest shall be responsible for replacement of Oak trees on site, as approved b y the City Parks and Recreation Department representatives. If on-site planting is not possible, the owners, developers, and/or succe ssors-in-interest shall pay the City Parks and Recreation Department the estimated cost (as determined by the City Arborist or Parks Facility Planner/Landscape Architect) for the City to hav e the replacement Oak trees planted by private contract on a site deemed appropri ate by the City Parks and Recreation Department representative in accordance with the mitigation measures identified in the Final Environmental Impact Report (E IR1-03), as amended, and in the related CEQA Findings, Statement of Overrid ing Considerations, and Mitigation Monitoring/Reporting Program for the Cannery Park Mixed Use Project. (#46)
Improvement/Development Plan
In order t
o provide an appropria te and reliable Improvement/Dev elopment Plan for a mixed-use development with the component elements contained in the Cannery Park Subdivision, the Subdivision has been divided into five (5) Plan Areas (Exhibit 'X'). The on-site/in-tract improvements and the off-site improvements corresponding to subdivision map conditions are listed separately for each Plan Area.

Cannery Park Subdivision Plan Areas
The improvements associated with each Plan Area are as follows:
Plan Area 'A'
Plan Area 'A' encompasses approximately 112.65± acres and includes Lot 11, Lot 12 (elementary school site), Lot 13 (neighborhood park), and Lot 14. The following general conditions are associated with development within Plan Area 'A' for Lot 11:
 General Conditions
Neighborhood Park
A1.

Dedicate Lot 13 to the City of Stockton as a site for a Neighborhood Park.

The City shall provide reimbursement for the park site at $60,000.00 per net EXHIBIT 1
acre, which is the rate established for land cost by the public facilities fee program. (#38)
A2. Remove trash; fill debris, etc. from Lot 13 until accepta nce of the park site by the City. (#35)
School Site
A3. A six
(6) foot tall masonry wall shall be constructed between Lot 12 and Lot 13 (park site) if Lot 12 is no longer going to be a public-scho ol site. Such wall shall be on Lot 12. (#37)
Easements
A4. Provide an
accessible 10-foot wide maintenance/access easem ent or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence c onstructed along the western bound ary of Lot 11. (#33)
The following on-site/in-tract im provements are required to be constructed to support development within Improvement Plan Area 'A' for Lot 11:
 On-site/In-tract Improvements
Holman Road
A5. Construct the
road to the full one hundred thirty-four (134 ) foot width (one hundred fourteen (114) feet from curb face to curb face) from the southern boundary of the TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. Include median lighting. (#11) A6. Install a barricade per City of Stockton standards at the n orthern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street Hendrix Drive.

A7. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street Hendrix Drive as depicted on the tentative map. (#17) A8. Construct a masonry sound wall along the west side of Holman Road from the southern boundary of the subdivision northward to the intersection with Lt. Col. Mark Taylor Street. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
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A9. Access to Holman Road shall be restricted except at public street intersections. (#7)

A10. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Developmen t Director and the Parks and Recreation Director. (#40)

Lt. Col. Mark Taylor Street

A11. Construct the road to the fu ll ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) fro m the western most curb flare a t the intersection with Holman Road we stward to a point located appro ximately fifty feet (50) west of the intersection of Lt. Col. Mark Tayl or Street and Street 'P'. Include median lighting.

A12. Install a barricade per City of Stockton standards at a point adjoining the western and northern curb flare of the intersection of Lt. Col. Mark Taylor Street and Street 'P'.

A13. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)

A14. Construct a masonry sound wall along the south side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the western property boundary. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)

A15. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Developmen t Director and the Parks and Recreation Director. (#40)

Minor roads and Collectors

A16. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41)

Traffic Signals/Intersection Improvements

A17. Design and install a traffic signal at the intersection of Holman Road and Lt.

Col. Mark Taylor Street /Hendrix Drive and an additional traffic signal at the intersection of Lt. Col. Mark Ta ylor Street and Street P. Activ ation of the traffic signal shall be at the discretion of the Public Works Director. (#10)

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 Off-site Improvements
Other Roadwavs/lntersections
A18.

Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 11 (i.e., 2,622), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 5.38%) of the total cost o f roadway improvements at the following intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Fr ontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and  Morada Lane/Hwy 99 East Frontage Road (interim improvements).

A19. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 11 (i.e., 2,622), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 5.38%) of the two-percent (2%) share of the cost of road way improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
A20.

Based upon the total gross acreage of land designated as single family residential on the Cannery Park T entative Map (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 11 on TM8-04A&B (i.e., 53.13 acres), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 26.8%) of the costs associated with the following improvements:
 Bear Creek pedestrian/bicycle trail; and
 Temporary Park & Ride Lot to be located on lot 17.

Note: If development of Lot 11 occurs prior to the development of Lot 14, the following off-site improvements shall occur:

Morada Lane/Hwy 99 Interchange Frontage Roads
Provide
appropriate security, design and construct the followin g interim improvements to mitigate near-term impacts and enhance circulation.

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A21. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane A22. Design and install a traffi c signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 11 constructs the interim improv ements identified in A21 and A22, the payment of a proportionate share of the cost o f those improvements as defined in A18 above is not required.

The following general conditions are associated with development within Plan Area 'A' for Lot 14:
 General Conditions
Fire Station
A23. Dedic
ate Lot YY as shown on TM8-04A&B to the City of Stock ton for the development of a fire station and construct all frontage improv ements. The City shall provide reimbursement for the fire station site at $130,000.00 per net acre, which is the rate established for land cost by the pu blic facilities fee program. Reimbursement for the construction of frontage improvements shall be made pursuant to the Publ ic Facilities Fee Administrat ive Guidelines. (#42a, #42b & #42c)
Neighborhood Park
A24. Dedic
ate Lot K as shown on TM8-04A&B to the City of Stockt on as a site for a Neighborhood Park. The City shall provide reimbursement for the park site at $60,000.00 per net acre, w hich is the rate established for land cost by the public facilities fee program. (#38)
A25. Remove trash; fill debris, etc. from Lot K as shown on TM8-04A&B until EXHIBIT 1

acceptance of the park site by the City. (#35)

Land Use Compatibility

A26. Install a barricade to City standards to terminate connect ion of the project with land uses along Waller Road. (#23)

Easements

A27. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)

The following on-site/in-tract im provements are required to be constructed to support development within Plan Area 'A' for Lot 14:

 On-site/In-tract Improvements

Holman Road

A28. Construct the road to the full one hundred thirty-four (13 4) foot width (one hundred fourteen (114) feet from curb face to curb face) from the southern boundary of TM8-04A&B northward to the easement of the Woodbrid ge Irrigation District canal. Include median lighting. (#11)

A29. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive.

A30. Install bus turnouts at the intersection of Holman Road an d Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17)

A31. Construct a masonry sound wall along the east side of Holm an Road from the southern boundary of TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)

A32. Access to Holman Road shall be restricted except at public street intersections. (#7)

A33. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Developmen t Director and the Parks and Recreation Director. (#40)

Minor roads and Collectors
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A34. Rights of
ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Traffic Signals/Intersection Improvements
A35. Design
and install a traffic signal at the intersection of Holman Road and Hendrix Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10)
 Off-site Improvements
Other Roadways/Intersections
A36. Based
upon the total daily trip generation rate for Cannery Park (i.e.,48,726) compared to the total daily trip generation estimate associated with the Lot 14 (i.e., 2,268), the owner/subdi vider of Lot 14 shall pay a pr oportionate share (i.e., 4.65%) of the total cost of roadway improvements at the following intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Fr ontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and  Morada Lane/Hwy 99 East Frontage Road (interim improvements).

A37. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two-percent (2%) , Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 14 (i.e., 2,268), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 4.65%) of the two-percent (2%) share of the cost of road way improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
A38. Based
upon the total gros s acreage of land designated as s ingle family residential on TM8-04A&B (i.e., 197.77 acres) compared to the t otal gross acreage associated with Lot 14 on TM8-04A&B (i.e., 45.00 acres) , the owner/subdivider of Lot 14 shal l pay a proportionate share (i.e ., 22.7%) of the costs associated with the following improvements:

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 Bear Creek pedestrian/bicycle trail; and
 Temporary Park & Ride Lot to be located on Lot 17.

Note: If development of Lot 14 occurs prior to the development of Lot 11, the following off-site improvements shall occur:

Morada Lane Interchange Frontage Roads
Provide appropriate security,
design and construct the followin g interim
improvements to mitigate near-term impacts and enhance circulation.

A39. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane A40. Design and install a traffi c signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 14 constructs the interim improv ements identified in A39 and A40, the payment of a proportionate share of the cost o f those improvements as defined in A36 above is not required.
Plan Area 'B'
Plan Area 'B' encompasses approximately 99.86± acres consisting of Lot 7, Lot 8, Lot 9 and Lot 10. The following general conditions are associated with development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
 General Conditions
Domestic Water
B1.

The owner/subdivider of Lot 10 shall dedicate Lot MM as ass ociated with the adjacent park and as shown on TM8-04A to the City of Stockt on to be used exclusively as a water well site. If the Municipal Utiliti es Director EXHIBIT 1
determines that the water well site is required before the re-s ubdivision of Lot 10, then the owner of Lot 10 shall dedicate a lot exclusively for use as a water well site. The lot, its location, and all necessary easem ents shall be subject to the approval of the Municipal Utilities Director. (#27) Bikeway, Pedestrian Pathway & Crossings
B2.

All crossings of Holman Road proposed for bikeway/pedestria n purposes (i.e., "Parkway" and Bear Creek) shall be grade separated or oc cur at pedestrian actuated (midblock) signals. (#22)
B3. The Final Map prepared for Lot 9 and Lot 10 shall show those access point dedications along the south side of Bear Creek that are associated with the class one bike trail. All access points will need to be a separate lot acquired and improved by the ODS. All plans and improvements shall be su bject to approval by the City Parks and R ecreation Department, the City Police Department and the City Public Works Department. (#34)
B4. The owner/subdivider of Lot 10 shall provide appropriate se curity, design and install a bikeway/pedestrian walkway along the south side o f the Bear Creek drainage corridor. The bike way/pedestrian walkway shall c onsist of an asphalt or concrete bike path as proposed in the project env ironmental document. Provide a Master Plan for the bikeway/pedestrian walkway prior to approval of the Final Map. The Master Plan shall contain but not be limited to the following component plans: signage, bollards, public acc ess, landscaping, fencing, security (including hours of operation), and maintenance (including litter removal). A consolidated maintenance district will be responsible for litter clean-up for the Bear Creek Corridor. The master plan shall be subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40), (#48) B5. Prior to the recording a Final Subdivision Map within Plan Area B, design and submit to the Union Pacific Railroad (UPRR) the plans neces sary to obtain UPRR approval of an a bikeway/pedestrian walkway crossing of the UPRR right-of-way along the south levee bank of Bear Creek.

Easements
B6.

Comply with all requirements of agencies having jurisdictio n over the Woodbridge Irrigation District (WID). (#25)
B7. The Final Map for Lot 9 and Lot 10 shall include a ten (10) foot easement from the existing toe of the lev ee along Bear Creek for mainten ance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
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B8. Provide an accessible 10-foot wide maintenance/access easem ent or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence cons tructed on the western side of Lot 10. (#33)
Disclosure/Notification
B9.

The owner/subdivider of Lot 10 shall disclose to all prospective home buyers as a condition of sale and prior to the opening of escrow, the existence of any present or former remediation site (lead or any other conta minant) within the project boundaries. (#43)
The following on-site/in-tract improvements are necessary to support development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:

On-site/In-tract Improvements Holman Road
B10.

Prior to recording a final subdivision map within Lot 7, Lot 8, or Lot 10 within Plan Area B, prepare preliminary design plans and submit permit applications with Federal and Stat e permitting agencies for the H o l m a n Road Bridge crossing at Bear Creek and extension of Holman Road to Eight Mile Road. If the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek, then prior to recording any additional final subdivision maps within Plan Are a B, design and submit for City approval plans for the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. Upon approval of the Homan Road Bridge and extension plans by the City, initiate the construction of the extensi on of Holman Road to Eight Mile Road and the Holman Road Bridge crossing at Bear Creek. To assure adequate right- of-way is reserved to accommodate the Holman Road Bridge crossi ng at Bear Creek, no final subdivision map(s) shall be recorded withi n Lot 9 until the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek. Include median l ighting. (#11)
B11. Concurrent with the constr uction of the extension of Holman Road to Eight Mile Road, install barricades per City of Stockton standards at t h e intersection of Holman Road and Cannery Circle/Tri-Valley Drive.

B12. Install bus turnouts at the i ntersection of Holman Road an d Pfc Jessie Mizener Street and Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
B13. The owner/subdivider of Lot 8 and Lot 9 shall construct a masonry sound EXHIBIT 1
wall along the east side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B14. The owner/subdivider of Lot 10 shall construct a masonry sound wall along the west side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B15. Access to Holman Road shall be restricted except at public s t r e e t intersections. (#7)
B16. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Developmen t Director and the Parks and Recreation Director. (#40)
Storm Water/Holman Road North of Bear Creek
B17. The
construction of Holman Road north of Bear Creek to Eig ht Mile Road prior to development occurring in Plan Area C, D or E will require the design and construction of an interim drainage facility to address run off from construction of the required r oadway improvements north of Bear Creek.

The design of the interim drainage facility and its construction is subject the approval of the Director of Municipal Utilities and the Public Works Director.

Lt. Col. Mark Taylor Street
B18. The
owner/subdivider of Lot 10 shall construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb fac e) from the western most curb flare at the intersection of Lt. Col. Mark Taylor Street and Street 'P' to the western boundar y of Cannery Park TM8-04A&B at a time determined to be appropriate by the Public Works Director.

B19. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
B20. Construct a masonry sound wall along the north side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the propert y boundary. The height of the soundwalls shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B21. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Developmen t EXHIBIT 1
Director and the Parks and Recreation Director. (#40)
Pfc. Jessie Mizener Street
The
owner/subdivider of Lot 7, Lot 8 or Lot 9 shall construct Pfc Jessie Mizener Street pursuant to the following improvement conditions. Note: In the event that the Holman Road Road/Bear Creek Bridge is not granted its environmental permits allowing for its construction, and security has been provided for the construction of the bridge and Holman Road to Eight Mile Road, then in order to accommodate the daily trips from Improvement Plan Area B, the first final m ap within Plan Area B (i.e., Lot 7, Lot 8, Lot 9 or Lot 10) shall include the const ruction of Pfc Jessie Mizener Street pursuant to the di mensions and segment length described in B26 below.

B22. Construct the road to the full seventy-eight (78) foot wid th (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Ho lman Road and Pfc Jessie Mizener Street to the State Route Hwy 99 Frontage Road.

B23. Install a barricade per Cit y of Stockton standards at the intersection of Pfc Jessie Mizener Street and Collector A.

B24. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
B25. The owner/subdivider of Lot 9 shall construct a masonry so und wall along the north side of Pfc Jessie Mi zener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward across the southern pr operty boundary intersecting wit h the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B26. The owner/subdivider of Lot 8 shall construct a masonry so und wall along the south side of Pfc Jessie Mizener Street beginning at the ea stern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward along the northern boundary of the property intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B27. The owner/subdivider of Lot 7 shall construct a masonry so und wall along the south side of Pfc Jessie Mizener Street beginning at the ea stern boundary of the Woodbridge Irrigati on District canal easement ( Lot GG) EXHIBIT 1

eastward along the northern boundary of the property intersecting with the western boundary of Lot 5; except ing appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development D irector. (#47)

B28. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Developmen t Director and the Parks and Recreation Director. (#40)

Traffic Signals/Intersection Improvements

B29. Design and install traffic signals at the intersection of Holman Road and Pfc Jessie Mizener Street. Activation of the traffic signal shall b e at the discretion of the Public Works Director. (#13)

Minor roads and Collectors

B30. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41)

 Off-site Improvements

Eight Mile Road

B31. Prior to recording a final subdivision map within Plan Are a B, design and submit for City approval a traffi c signal at the intersection o f Holman Road and Eight Mile Road and interim intersection improvements to th e satisfaction of the Public Works Director, including appropriat e alignment and striping of the intersection turn lanes and the provision o f transition lanes on the south side of Eight Mile Road approaching and depa rting Holman Road. Provide vehicle acceleration and de-acceleration l anes, as appropriate. The improvements descr ibed in this Section B31 sha ll be constructed concurrent with t he construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eigh t Mile Road in conformance with Section B10 above. (#10), (#13)

Other Intersections/Roadways

B32. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total dally trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e.,

1.65%) of the total cost of roadway improvements at the followi ng intersections (#13), (#16):

EXHIBIT 1
 Eight Mile
Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
 Morada Lane/l-lwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

B33. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e.,

1.65%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
B34. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e.,

1.32%) of the total cost of roadway improvements at the followi ng intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

B35. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i. e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e.,

1.32%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
B36. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdiv
ider of Lot 9 shall pay a proportionate share (i.e.,
EXHIBIT 1

1.73%) of the total cost of roadway improvements at the followi ng intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

B37. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 1.73%) of the two-percent (2%) share of the cost of road way improvements at the West Lane/Arterial A intersection. (#16) B38. Based upon the total daily trip generation rate for Canner y P a r k ( i . e . , 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the total cost of roadway improvements a t t h e following intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

B39. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the two-percent (2%) share of the cost of road way improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
EXHIBIT 1
B40. Based
upon the total gros s acreage of land designated as s ingle family residential on TM8-04A&B (i.e., 197.77 acres) compared to the t otal gross acreage associated with Lot 7 on TM8-04A&B (i.e., 9.01 acres), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e., 4.6%) of the costs associated with the following improvements:
 Bear Creek pedestrian/bicycle trail; and
 Temporary Park & Ride Lot to be located on lot 17.

B41. Based upon the total gros s acreage of land designated as s ingle family residential on TM8-04A&B (i.e., 197.77 acres) compared to the t otal gross acreage associated with Lot 8 on TM8-04A&B (i.e., 6.59 acres), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e., 3.3%) of the costs associated with the following improvements:
 Bear Creek pedestrian/bicycle trail; and
 Temporary Park & Ride Lot to be located on lot 17.

B42. Based upon the total gros s acreage of land designated as s ingle family residential on TM8-04A&B (i.e., 197.77 acres) compared to the t otal gross acreage associated with Lot 9 on TM8-04A&B (i.e., 9.29 acres), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 4.7%) of the costs associated with the following improvements:
 Bear Creek pedestrian/bicycle trail; and
 Temporary Park & Ride Lot to be located on lot 17.

B43. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the t otal gross acreage associated with Lot 10 o n TM8-04A&B (i.e., 74.97 acres), the owner/subdivider of Lot 10 shal l pay a proportionate share (i.e ., 37.9%) of the costs associated with the following improvements:
 Temporary Park & Ride Lot to be located on lot 17.

Note: If development occurs within Plan Area 'B' prior to occurring in Plan Area 'A', the following on-site/in-tract improvements shall occur:

Holman Road
B44. Construct
Holman Road to t he full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from southern boundary of TM8-04A&8 to the Woodbr idge Irrigation canal easeme nt.

Include median lighting. (#11)
EXHIBIT 1
B45. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive.

B46. Install bus turnouts at the intersection of Holman Road an d Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) B47. Access to Holman Road shall be restricted except at public street intersections. (#7)
Lt. Col. Mark Taylor Street
B48. Construct
the road to the fu ll ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) fro m the western most curb flare a t the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Tayl or Street and Street 'P'. Include median lighting.

Traffic Signals/Intersection Improvements
B49. Design
and install a traffic signal at the intersection of Holman Road and Hendrix Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10)
 Off-site Improvements
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and
construct the following interim
improvements to mitigate near-term impacts and enhance circulation.

B50. Design and install a traffi c signal at the intersection of Eight Mile Road/West Frontage Road and widen the inters ection as appropriate, with s triping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane B51. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropria te, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EXHIBIT 1

EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane

B52. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the inters ection as appropriate, with s triping to provide the following lane configurations: (#10), (#13), (#16)

N8 – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable

If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constr ucts the interim improvements identified in B50, B51 and B52, the payment of a p roportionate share of the cost of those impr ovements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements.

Note: If development occurs in Improvement Plan Area 'B' prior to occurring in Improvement Plan Area 'A', the following off-site improvemen ts shall occur:

Morada Lane Interchange Frontage Roads

Provide appropriate security, design and construct the followin g interim improvements to mitigate near-term impacts and enhance circulation.

B53. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)

NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane

B54. Design and install a traffi c signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)

NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane

If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B53 and B54, the payment of a propor tionate share of EXHIBIT 1
the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements. Plan Area 'C'
Plan Area 'C' encompasses approxim ately 73.52± acres of light i ndustrial/business park uses, consisting of the Lot 1, Lot 2 and Lot 3. The following general conditions are associated with development within Improvement Plan Area 'C':
 General Conditions
Storm Water
C1.

The owner/subdivider of Lot 1 and Lot 2 shall provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.

Easements
C2.

The owner/subdivider of Lot 2 shall comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25) C3. The Final Map for Lot 1 and Lot 2 shall include a ten (10) foot easement from the existing toe of the lev ee along Bear Creek for mainten ance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
C4. Provide non-exclusive access easements within the industria l and commercial areas as necessary to provide all required lot accesses. (#24) Transportation System Management
C5.

The owner/subdivider of Lots 1 and 2 shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5 , or a combination thereof. Lot 1 7 i s considered an interim park & ride location that will eventually be eliminated with the reconstruction of the St ate Highway Route 99/Eight Mil e Road interchange. The Park and Ride facility may be a stand-alone de signated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shal l be determined by the Public Works Director in consultation with Caltrans. (# 21)
The following on-site/in-tract improvements are necessary to support development EXHIBIT 1

within Improvement Plan Area 'C':

 On-site/In-tract Improvements

Signature Drive

C6. Dedicate the right-of-way and construct the road to the ful l sixty (60) foot width (forty (40) feet from curb face to curb face) from Eight Mile Road southward as depicted on TM8-04A&B.

Cannery Circle

C7. The owner/subdivider of Lot 2 shall dedicate the right-of-way and construct the road to the full seventy-ei ght (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road westward approximately 365 feet as depicted on the tentative map. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) as depicted on TM8-04A&B.

 Off-site Improvements

Golfview Road

C8. Design and construct a traffi c signal at the future interse ction of Eight Mile Road/Golfview Road/Signature Drive and stripe to provide the following lane configuration (#10), (#13), (#16)

NB – one left-turn lane and 1through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and two through lanes
WB – one through lane and one through/right-turn shared lane

Other Roadways/Intersections

C9. Based upon the total daily trip generation rate for Cannery P a r k ( i . e . , 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the total cost of roadway improvements at the following intersections (#13), (#16):

 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (inter im improvements);  Eight Mile Road/Hwy 99 East Fr ontage Road (interim improvements);  Eight Mile Road/Hwy 99 East F rontage Road at Northbound ramp (interim improvements);
EXHIBIT 1
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

C10. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a propor tionate share (i.e., 8.33%) of the two-percent (2%) share of the cost of road way improvements at the West lane/Arterial A intersection. (#16) C11. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a propor tionate share (i.e., 12.00%) of the total cost of roadway improvements at the following intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

C12. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a propor tionate share (i.e., 12.00%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B' or 'D', the following on-site/in- t r a c t improvements shall occur:

Holman Road
C13. Construct
Holman Road to t he full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) f rom Eight Mile Road southward to Bear Creek. Include median lighting. (#11) EXHIBIT 1

C14. Install a bus turnout at the intersection of Holman Road a nd Eight Mile Road as depicted on TM8-04A&B. (#17)

C15. Access to Holman Road shall be restricted except at public street intersections. (#7)

Traffic Signals/Intersection Improvements

C16. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)

Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B', 'D' or 'E', the following off-site improvements shall occur:

Eight Mile Road

C17. Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)

C18. Install frontage improvement s from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but no t limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5)

C19. Existing points of access s hall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjace nt parcel is developed. (#12)

C20. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet wes t of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)

C21. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/rig ht-turn out.

Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be des igned and constructed to prevent on-site c ross traffic for a minimum dist ance of 100 feet from the future property line along Eight Mile Road. (SPA #3)

C22. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interi m intersection improvements to t h e satisfaction of the Public Works Director, including appropriat e alignment EXHIBIT 1
and striping of the intersection turn lanes and the provision o f transition lanes on the south side of Eight Mile Road approaching and depa rting Holman Road. Provide vehicle acceleration and de-acceleration l anes, as appropriate. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and
construct the following interim
improvements to mitigate near-term impacts and enhance circulation.

C23. Design and install a traffi c signal at the intersection of Eight Mile Road/West Frontage Road and widen the inters ection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane C24. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropria te, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane C25. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the inters ection as appropriate, with s triping to provide the following lane configurations: (#10), (#13), (#16) NB - one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 1 or Lot 2 constructs the interi m improvements identified in C23, C24 and C25, t he payment of a proportionate share of the cost of those improvements as defi ned in C9 and C11 above is not req uired of the owner/subdivider who constructed said improvements.
Improvement Plan Area 'D'
Improvement Plan Area 'D' encom passes approximately 32.09± acre s of business park/commercial uses consisting of Lot 4. The following general conditions are EXHIBIT 1
associated with development withi n Improvement Plan Area 'D' Lo t 4 (Parcels 22 through 36):
 General Conditions Easements
D1. Comply with all requirements of agencies having jurisdictio n over the Woodbridge Irrigation District (WID). (#25)
D2. The Final Map for Lot 4 sha ll include a ten (10) foot easem ent from the existing toe of the levee along Bear Creek for maintenance of a ll levee slopes. Note: This condition is not required if the easement i s already included as a component of another recorded map. (#18)
Transportation System Management
D3.

The owner/subdivider shall participate in any Transportatio n Systems Management (TSM) programs established by the City of Stockton a nd provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5 , or a combination thereof. Lot 1 7 i s considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mil e Road interchange. The Park and Ride facility may be a stand-alone de signated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shal l be determined by the Public Works Director in consultation with Caltrans. (# 21)
Note: If construction occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Area 'C', the following improvement shall occur:

Storm Water
D4.

Provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.

The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'D' Lot 4:
 On-site/in-tract Improvements
Tri-Valley Drive
D5.

Dedicate the right-of-way and construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road eastward approximately 300 f eet and from Collector A westw ard EXHIBIT 1

approximately 300 feet as depicted on the tentative map. Dedicate the right- of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) for the mid-section of the roadway as depicted on TM8-04A&B.

Collector A

D6. Dedicate the right-of-way and construct the road to the ful l ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from Eight Mile Road southward to point adjoining the southern curb flare of the intersection of Collector A and Tri-Valley Drive.

D7. Install a barricade per City of Stockton standards at the southern curb flare of the intersection of Collector A and Tri-valley Drive.

D8. Access to Collector A sha ll be restricted within 300 feet f rom any street intersection, driveway or creek. Any access within 500 feet fro m a street intersection/traffic signal shall be right-in/right-out only. (#7)

D9. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)

D10. A full access intersection shall be allowed at Eight Mile Road and Collector 'A', located 1,000 feet west of the west frontage road and a tr affic signal shall be installed to use the access. (SPA#4)

Collector A/Bear Creek Bridge

D11. The owner/subdivider of Lot 4 shall pay a proportionate sh are of the cost associated with the design and c onstruction of the Collector A/Bear Creek Bridge. The proportionate sha ll be based upon a percentage of t he total gross acreage of land associat ed with Lot 4, Lot 5 and lot 6 (i .e., 99.83 acres). The total gross acreage associated with Lot 4 on TM8-04 A&B is

32.09 acres. The owner/subdivider of Lot 4 shall pay 32% of the cost to design and construct the Collector A/Bear Creek Bridge.

Traffic Signals/lntersection Improvements

D12. Design and install a traffic signal at the intersection of Tri-Valley Drive and Collector A. The activation of the traffic signal shall be at t he discretion of the Public Works Director. (#13)

D13. Design and install a traffic signal at the intersection of Eight Mile Road and Collector A. Activation of the traffic signal shall be at the d iscretion of the Public Works Director. (#13)

EXHIBIT 1
 Off-site Improvements
Other Roadways/Intersections
D14. Based
upon the total daily trip generation rate for Canner y P a r k ( i . e . , 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the tota l cost of roadway improvements at the following intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

D15.The proportionate share for roadway improvements at West La ne/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a propor tionate share (i.e., 12.13%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B' or 'C', the following on-site/in- t r a c t improvements shall occur:

Holman Road
D16. Construct
Holman Road to t he full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) f rom Eight Mile Road southward to Bear Creek. Include median lighting. (#11) D17. Install a bus turnout at the intersection of Holman Road a nd Eight Mile Road as depicted on the tentative map. (#17)
D18. Access to Holman Road shall be restricted except at public s t r e e t intersections. (#7)
Traffic Signals/Intersection Improvements
EXHIBIT 1

D19. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)

Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B', 'C' or 'E', the following off-site improvements shall occur:

Eight Mile Road

D20. Comply with all conditions of Specific Plan Amendment SPA 1-03 and install all improvements required by said amendment. (#6)

D21. Install frontage improvement s from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but no t limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5)

D22. Existing points of access s hall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjace nt parcel is developed. (#12)

D23. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet wes t of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)

D24. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/rig ht-turn out.

Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be des igned and constructed to prevent on-site c ross traffic for a minimum dist ance of 100 feet from the future property line along Eight Mile Road. (SPA #3)

D25. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interi m intersection improvements to t h e satisfaction of the Public Works Director, including appropriat e alignment and striping of the intersection turn lanes and the provision o f transition lanes on the south side of Eight Mile Road approaching and depa rting Holman Road. Provide vehicle acceleration and de-acceleration l anes, as appropriate. (#10), (#13)

Eight Mile Road Interchange Frontage Roads

EXHIBIT 1
Provide appropriate security, design and construct the followin g interim improvements to mitigate near-term impacts and enhance circulation.

D26. Design and install a traffi c signal at the intersection of Eight Mile Road/West Frontage Road and widen the inters ection as appropriate, with s triping to provide the following lane configurations. (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane D27. Design and construct a tr affic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropria te, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane D28. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the inters ection as appropriate, with s triping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 4 constructs the interim improvements identified in D26, D27 & D28, the payment of a proportionate share of the cos t of those improvements as defined in D14 above is not required.
Plan Area 'E'
Plan Area 'E' encompasses approxim ately 67.74± acres consisting of the Lot 5 and Lot 6. The following general conditions are associated with dev elopment within Plan Area 'E' Lot 5 and Lot 6:
 General Conditions
Easements
E1. Comply w
ith all requirements of agencies having jurisdictio n over the Woodbridge Irrigation District (WID). (#25)
EXHIBIT 1

E2. The Final Map for Lot 5 sha ll include a ten (10) foot easem ent from the existing toe of the levee along Bear Creek for maintenance of a ll levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18

Transportation System Management

E3. The owner/subdivider shall participate in any Transportatio n Systems Management (TSM) programs established by the City of Stockton a nd provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5 , or a combination thereof. Lot 1 7 i s considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mil e Road interchange. The Park and Ride facility may be a stand-alone de signated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shal l be determined by the Public Works Director in consultation with Caltrans. (# 21)

The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'E' Lot 5 and Lot 6:

 On-site/In-tract Improvements

Collector A

E4. Dedicate the right-of-way and construct the road to the ful l ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the southern curb flare of the intersection of Tri-Valley Drive and Collecto r A southward across Bear Creek to an intersection with Pfc Jessie Mizener Street.

E5. Access to Collector A sha ll be restricted within 300 feet f rom any street intersection, driveway or creek. Any access within 500 feet fro m a street intersection/traffic signal shall be right-in/right-out only. (#7)

Collector A/Bear Creek Bridge

E6. Based on the timing of development, the owner/subdivider of Lot 5 or Lot 6 shall provide appropriate securit y, design and construct the Collector A Bridge across Bear Creek. The owner/subdivider of Lot 5 and Lot 6 shall pay a proportionate share of the cost associated with the desig n and construction of the Collector A/Bear Creek Bridge. The proportionate share shall be based upon a percentage of the total gross acreage of land associated with Lot 4 (Lot 4 is conditioned to contribute 32% o f the cost to design and construct the bridge), Lot 5 and Lot 6 (i.e., 99.83 acres). The EXHIBIT 1
total gross acreage associated wi th Lot 5 on TM8-04A&B is 55.87 acres.

The owner/subdivider of Lot 5 shall pay 56% of the cost to desi gn and construct the Collector A/Bear Creek Bridge. The total gross ac reage associated with Lot 6 on TM8-04A&B is 11.87 acres. The owner/subdivider of Lot 6 shall pay 12% of the cost to design and construct the Collector A/Bear Creek Bridge.
 Off-site Improvements
State Route 99 Frontage Road
E7.

The owner/subdivider of Lot 6 shall dedicate 50 feet of ri ght-of-way along the State Highway Route 99 West Frontage Road, from Collector "B" to the south property line at Lot F, and install frontage improvements, including but not limited to curb, gutter, si dewalk, and street lighting alon g the property frontage of Lot F. Note: This condition is not required if the dedication is already included as a component of another recorded map. (#9) Other Roadways/Intersections
E8.

Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31%) of the total cost of roadway improvements at the following intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

E9. The proportionate share for roadway improvements at West La ne/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31%) of the two-percent (2%) share of the cost of roadway improvements at that intersection. (#16)
E10. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 6 EXHIBIT 1
(i.e., 1,517), the owner/subdivider of Lot 6 shall pay a propor tionate share (i.e., 3.11%) of the total cost of roadway improvements at the following intersections (#13), (#16):
 Eight Mile Road/Ham Lane;
 Eight Mile Road/Leach Road;
 Eight Mile Road/Hwy 99 West Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road (interim improvements);  Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
 Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
 Morada Lane/Hwy 99 East Frontage Road (interim improvements).

E11. The proportionate share for r oadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e ., 48,726) compared to the total daily trip generation estimate associated with Lot 6 (i.e., 1,517), the owner/subdivider of Lot 6 shall pay a propor tionate share (i.e., 3.11%) of the two-percent (2%) share of the cost of road way improvements at that intersection. (#16)
Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in improvement Plan Area 'C' or 'D', the following improvement shall occur:

Storm Water
E12. Provide
appropriate security, design and construct a drain age basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.

Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in Improvement Plan Area 'B', the following improvement shall occur:

Collector A
E13. Dedic
ate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from Eight Mile Road southward to point adjoining the southern curb flare of the intersection of Collector A and Tri-Valley Drive.

E14. Install bus turnouts at the intersection of Collector A an d Eight Mile Road as depicted on TM8-04A&B. (#17)
E15. A full access intersection shall be allowed at Eight Mile Road and Collector 'A', located 1,000 feet west of the west frontage road and a tr affic signal EXHIBIT 1
shall be installed to use the access. (SPA#4)
Traffic Signals/Intersection Improvements
E16.

Design and install a traffic signal at the intersection of Tri-Valley Drive and Collector A. The activation of the traffic signal shall be at t he discretion of the Public Works Director. (#13)
E17. Design and install a traffic signal at the intersection of Eight Mile Road and Collector A. Activation of the traffic signal shall be at the d iscretion of the Public Works Director. (#13)
Pfc Jessie Mizener Street
E18.

Construct the road to the full seventy-eight (78) foot wid th (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Co llector A eastward to the State Route Hwy 99 Frontage Road.

E19. Install a barricade per City of Stockton standards at the western most curb flare of the intersection of Pfc Jessie Mizener Street and Collector A.

E20. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
E21.

Design and install a traffic signal at the intersection of Collector A and Pfc Jessie Mizener Street. The activation of the traffic signal sha ll be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'E' prior to occurring in Improvement Plan Areas 'B', 'C' or 'D', the following off-site improvements shall occur:

Eight Mile Road
E22.

Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)
E23. Install frontage improvement s from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but no t limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) EXHIBIT 1
E24. Existing points of access s hall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjace nt parcel is developed. (#12)
E25. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet wes t of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
E26. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/rig ht-turn out.

Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be des igned and constructed to prevent on-site c ross traffic for a minimum dist ance of 100 feet from the future property line along Eight Mile Road. (SPA #3) E27. Prior to recording a final s ubdivision map or obtaining si te plan approval within Plan Area E, design and submit for City approval a traffic signal at the intersection of Holman Road and Eight Mile Road and interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lan e s a n d t h e provision of transition lanes on the south side of Eight Mile R oad approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. The improvements described in this Section E27 shall be constructed concurrent with the constructi on of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
Provide
appropriate security, design and construct the followin g interim improvements to mitigate near-term impacts and enhance circulation.

E28. Design and install a traffi c signal at the intersection of Eight Mile Road/West Frontage Road and widen the inters ection as appropriate, with s triping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane E29. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropria te, with striping to provide the following lane configurations: (#10), (#13), (#16) EXHIBIT 1
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane E30. Install
stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the inters ection as appropriate, with s triping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 5 or Lot 6 constructs the interi m improvements identified in E28, E29 and E30, the payment of a proportionate share of the cost of those improvements as defined i n E8 and E10 above is not requir ed of owner/subdivider who constructs said improvements.

EXHIBIT 1

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