City Council and Concurrent Authorities
August 12, 2025

STOCKTON CITY COUNCIL

ADOPT A RESOLUTION APPOINTING STEVE COLANGELO AS INTERIM CITY

MANAGER FOR THE CITY OF STOCKTON

On February 4, 2025, t he City Council appointed Steve Colangelo as Interim City Manager for the City of Stockton effective February 11, 2025; and

The contract with Steve Colangelo for the Interim City Manager position expired on August 9, 2025; and

The City Council appointed William Crew as Acting City Manager effective August 9, 2025; and

On July 29, 2025, the City Council met in Closed Session and deliberated regarding the appointment of Steve Colangelo as Interim City Manager and directed the City Attorney to make an offer and negotiate an em ployment contract with Steve Colangelo; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. Steve Colangelo is appointed as Interim City Manager of the City of Stockton.

2. The Mayor is authorized, on behalf of the City Council, to execute the attached employment agreement with Steve Colangelo marked as Exhibit 1, setting forth the terms and conditions of employment, effective August __, 2025.

3. The Acting City Manager or designee is authorized to take such other actions as necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED August 12, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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AT-WILL EMPLOYMENT AGREEMENT BETWEEN

CITY OF STOCKTON AND STEVE COLANGELO AS INTERIM CITY MANAGER (AT-WILL AND NON-CLASSIFIED POSITION)
This At-Will Employment Agreement is made and entered into on August __ 2025, by and between the City of Stockton, a California charter city and municipal corporation ("CITY") and Steve Colangelo , an individual, ("EMPLOYEE") on the following terms and conditions set forth below (“AGREEMENT”). CITY and EMPLOYEE shall be collectively referred to as “PARTIES” or individually referred to as “PARTY.”

RECITALS
WHEREAS, the CITY is in the process of recruiting a full-time replacement for its City Manager, and the CITY requires the services of an Interim City Manager; and WHEREAS, EMPLOYEE represents that he has the necessary and specialized experience, skills, and expertise required to serve as the City’s Interim City Manager; and WHEREAS, the City Council of the City (“ CITY COUNCIL ”) desires to appoint EMPLOYEE to the position of Interim City Manager subject to the terms and conditions of the AGREEMENT; and
NOW THEREFORE, it is hereby agreed by CITY and EMPLOYEE as follows:

AGREEMENT

1. INTERIM CITY EMPLOYMENT . The CITY hereby appoints EMPLOYEE as its Interim City Manager, effective August ___, 2025 (“Effective Date”), and EMPLOYEE hereby accepts such employment.

2. AT-WILL AGREEMENT. EMPLOYEE is at-will and serves at the pleasure of CITY COUNCIL and can be terminated at any time with or without cause. Employee’s at-will status means there is no guarantee as to length of time for employment. No CITY representative has authority to agree to anything contrary to employee at-will status unless it is specific, in writing, and signed by CITY COUNCIL.

3. TERM. This AGREEMENT shall commence on the Effective Date . This AGREEMENT shall expire as of the first of the following to occur: (1) A permanent City Manager assumes that office; (2) by the end of the day November 4, 2025; or (3) upon termination of the AGREEMENT by either EMPLOYEE or CITY as provided in Section 7 [SEPARATION] of this AGREEMENT.
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4. INTERIM CITY MANAGER’S COMMITMENTS.
a. DUTIES AND RESPONSIBILITIES.
i. EMPLOYEE shall perform all of the functions and duties of the City Manager as set forth in: the City Manager class specification attached hereto and incorporated herein by reference as Attachment “A,” which may be amended from time to time; the CITY’s Charter, Municipal Code, rules, policies, procedures, regulations, ordinances and resolutions, which may also be subsequently amended from time to time. EMPLOYEE shall also perform other legally permissible and/or customary and appropriate duties and functions of the City Manager as the CITY COUNCIL may assign from time to time, together with such additional services consistent with the laws of the United States and State of California.
ii. EMPLOYEE shall perform h is duties to the best of h is ability in accordance with the highest professional and ethical standards of the profession. EMPLOYEE shall devote his attention, skill, ability, and productive time to the performance of EMPLOYEE’S duties and responsibilities and CITY’s business.
iii. The CITY’s personnel rules, policies, procedures, regulations, ordinances and resolutions shall apply to EMPLOYEE in the same manner as applied to other non-classified at-will Department Heads.

As feasible, their provisions shall be read to apply in tandem with the terms of this AGREEMENT. However, to the extent an express provision of this AGREEMENT conflicts, this AGREEMENT shall govern.
b. CONFLICT OF INTEREST.
i. EMPLOYEE shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations. ii. EMPLOYEE shall also comply with the conflict-of-interest provisions under California law and any conflict-of-interest code applicable to EMPLOYEE’s CITY employment. EMPLOYEE is responsible for submitting to Human Resources the appropriate Conflict of Interest Statements prior to performing any services under this AGREEMENT, and thereafter as required by law.

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c. HOURS OF WORK.
i. EMPLOYEE is expected to engage in those hours of work that are necessary to perform the duties and fulfill the obligations of the Interim City Manager position, which fall both within and outside of customary and normal business hours . The position of Interim City Manager shall be deemed an exempt position under state and federal wage and hour laws. EMPLOYEE’S compensation (whether salary or benefits or other allowances) is not based on hours worked and EMPLOYEE shall not be entitled to any compensation for overtime.
ii. EMPLOYEE may engage in teaching, consulting, speaking, or perform other non -CITY connected activities for which he is compensated only with the express prior c onsent of the CITY COUNCIL.
d. DISABILITY OR INABILITY TO PERFORM. If, as the result of long-term or permanent disability, sickness, accident, injury, mental incapacity or other personal health -related reason, the CITY determines that EMPLOYEE is unable to perform h is essential duties, with or without reasonable accommodation, after exhausting all available and authorized use of accrued sick leave, vacation, or other authorized paid/unpaid leave available under applicable CITY policies or state or federal law, the CITY COUNCIL may terminate EMPLOYEE. If the CITY COUNCIL does elect to terminate EMPLOYEE due to incapacity, Employee shall be terminated without cause, as provided in Section 7.c [TERMINATION WITHOUT CAUSE] below. In exercising this o ption, the CITY will comply with its obligations under applicable state and federal disability laws.

5. BASE SALARY.
a. On the Effective Date of this AGREEMENT, CITY shall compensate EMPLOYEE for h is services rendered pursuant to this AGREEMENT a gross monthly salary of $20,833.33 payable in installments at the same time and in accordance with the CITY’s payroll procedures for other CITY employees, and subject to all applicable payroll taxes and withholdings.

Effective the first day of the pay period that includes July 1, 2025, Employee shall receive a three percent (3%) increase to his base salary. b. At the discretion of the CITY COUNCIL , this AGREEMENT may be amended to incorporate any salary and/or benefit adjustments granted, provided, or required by the CITY COUNCIL. The CITY shall not at any time during the term of this AGREEMENT reduce the base salary, compensation, or other economic benefits of EMPLOYEE, unless as part of a general CITY management reduction, and then in no greater percentage than the average 342
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reduction of all CITY Department Heads whose salaries, compensation or economic benefits are reduced.

6. BENEFITS.
a. ECONOMIC BENEFITS. Except as set forth in this AGREEMENT, CITY agrees to provide EMPLOYEE with the economic benefits provided under the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads ,” dated July 1, 2023, and as may be amended by the CITY COUNCIL from time to time , as set forth in Section 5.b, above.
i. No Retirement Benefits. Pursuant to Government Code § 20305 and related California Public Employees’ Retirement System (CalPERS) regulations and policy statements, EMPLOYEE shall not receive any retirement benefits CITY commonly provides to its employees including those pension benefits in “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” plan, unless required by law. CalPERS service credit will not be accrued, and no additional retirement rights or benefits will be granted to EMPLOYEE unless required by law. b. CITY VEHICLE. EMPLOYEE shall be assigned a city vehicle for use during the term o f employment under this AGREEMENT. Use of the city vehicle shall be subject to and consistent with the rules under Administrative Directive MAN-16 which govern use of city vehicles for other city employees. c. PROFESSIONAL DEVELOP MENT. The CITY agrees to pay for reasonable sums of professional dues, subscriptions, travel and subsistence expenses of EMPLOYEE for professional participation in appropriate organizations such as, but not limited to, the League of California Cities, subject to prior r eview and approval by CITY.

Notwithstanding the foregoing, the CITY COUNCIL shall have discretion to establish appropriate amounts, in the annual CITY budget or otherwise, of official and professional development expenses and travel costs.

7. SEPARATION.
a. RESIGNATION. EMPLOYEE may resign from the position of Interim City Manager at any time and agrees to provide the CITY COUNCIL with a minimum of 30 days advanced written notice of the effective date of EMPLOYEE’s resignation, unless the PARTIES otherwise agree in writing.

If EMPLOYEE separates from CITY employment, EMPLOYEE shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions o f the “City of Stockton Unrepresented 343
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Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads. This AGREEMENT shall terminate upon the effective date of EMPLOYEE’s resignation.
b. REMOVAL.
i. EMPLOYEE is an at -will employee serving at the pleasure of the CITY COUNCIL . EMPLOYEE has no constitutionally protected property or other interest in his employment as Interim City Manager.

Nothing in this AGREEMENT shall be construed to create a property interest for EMPLOYEE in the position of Interim City Manager. ii. The CITY COUNCIL may terminate EMPLOYEE at any time, with or without cause, by a majority vote of its members. This AGREEMENT shall terminate upon the effective date of EMPLOYEE’s termination. c. TERMINATION WITHOUT CAUSE. If the CITY COUNCIL terminates EMPLOYEE as the Interim City Manager without cause, (cause is defined in Section 7.d. below). EMPLOYEE shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads . In the event the CITY terminates EMPLOYEE without cause, then the CITY may terminate this AGREEMENT immediately, and EMPLOYEE shall no longer be employed by the CITY and this AGREEMENT shall terminate. d. TERMINATION FOR CAUSE.
i. Notwithstanding the provisions of Section 6.C. [TERMINATION WITHOUT CAUSE], the CITY COUNCIL may terminate EMPLOYEE for cause. As used in this section, “cause” shall mean only one or more of the following:
(1) Incompetency such as failure of EMPLOYEE to comply with the minimum standards for the position of Interim City
Manager
(2) Neglect of duty, such as failure to timely perform the duties required of EMPLOYEE's position or failure to implement policy directions of the CITY COUNCIL
(3) Any grossly negligent action or inaction by EMPLOYEE that materially and adversely: (a) impedes or disrupts the
operations of CITY or its organizational units; (b) is
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detrimental to employees or public safety; or (c) violates CITY’s properly established rules or procedures
(4) Dishonesty involving employment
(5) Being under the influence of alcohol or intoxicating drugs while on duty
(6) Absence without leave
(7) Conviction of a crime or conduct constituting a violation of state or federal law that renders it more difficult for EMPLOYEE to deliver public service. “Conviction” includes entry of a plea of nolo contendere or a plea bargain
(8) Improper or unauthorized use of CITY property
(9) Failure to engage or participate in good faith in an interactive process to attempt to identify an effective reasonable
accommodation to resolve a physical or mental infirmity(s) or defect(s) affecting job performance when it is within the capacity of the employee to do so.
(10) Acceptance from any source of any emolument, reward, gift, or oth er form of remuneration in addition to EMPLOYEE’s regular compensation, as a personal benefit to EMPLOYEE in connection with actions performed in the normal course of EMPLOYEE’s assigned duties
(11) Falsification of any CITY report or record or of any report or record required to be, or, filed by EMPLOYEE
(12) Engagement in prohibited harassment, discrimination, retaliation, or abusive conduct
(13) Engaging in any incompatible activity or prohibited conflict-of- interest
(14) A material breach of this AGREEMENT
ii. For purposes of this provision, a determination that “cause” exists shall be based on demonstrable, or otherwise reasonably proven, sustained, corroborated, or admitted conduct.
iii. In the event the CITY terminates EMPLOYEE for cause, t hen the CITY may terminate this AGREEMENT immediately, and
EMPLOYEE shall no longer be employed by the CITY and this AGREEMENT shall terminate. EMPLOYEE shall be entitled to only 345
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the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads.
e. NO SEVERANCE. EMPLOYEE shall not be entitled to any severance pay Manager upon the termination or expiration of this AGREEMENT for any reason or EMPLOYEE’s resignation or termination from the Interim City Manager position or from CITY employment for any reason. f. RETURN OF CITY PROPERTY. Upon the termination or expiration of this AGREEMENT for any reason, EMPLOYEE’s resignation or termination from the Interim City position o r from CITY employment for any reason, EMPLOYEE agrees to immediately surrender any and all writings containing information relating to the conduct of the CITY’s business prepared, owned, used, or retained by EMPLOYEE regardless of physical form or characteristics, and any and all equipment, tools, or other materials of whatever nature provided to EMPLOYEE by CITY in his capacity of Interim City Manager.

8. INDEMNIFICATION.
a. In accordance with and to the extent provided by California's Tort Claims Act (Gov. Code § 825 et seq.) and Government Code sections 995-996.6, the CITY shall defend and indemnify EMPLOYEE against and for all losses sustained by EMPLOYEE in direct consequences of the discharge of EMPLOYEE's duties on the CITY's behalf for the period of EMPLOYEE's employment.
b. Nothing in this AGREEMENT shall expand the CITY’s defense and indemnification obligations beyond those provided in the Government Code Tort Claims Act (Gov. Code § 825, et seq.) and Government Code sections 995-996.6. Further, in t he event CITY provides funds for legal criminal defense pursuant to this sub -section and terms of the Government Code, EMPLOYEE shall reimburse the CITY for such legal criminal defense funds if EMPLOYEE is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 — 53243.4. c. CITY and EMPLOYEE agree that it is their mutual intent to fully comply with Government Code sections 53243 – 53244, as applicable. Upon conviction as set forth in Government Code sections 7522.72 or 7522.74, EMPLOYEE may forfeit the benefits in accordance with those sections. d. This Section 8 [INDEMNIFICATION] shall survive termination of this AGREEMENT.
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9. BONDING. CITY shall bear the full cost of any fidelity or other bonds the CITY requires of EMPLOYEE under any law or ordinance or otherwise.

10. AMENDMENTS. This AGREEMENT may only be modified in writing and duly authorized and executed by both PARTIES.

11. SEVERABILITY. If any provision of this AGREEMENT is found by a court of competent j urisdiction over the PARTIES to be illegal or unenforceable, the remainder of this AGREEMENT shall not be affected and shall remain in full force and effect to the greatest extent permitted by law , unless the parts found to be illegal or unenforceable are wholly inseparable from the remaining portion of this AGREEMENT.

12. JURISDICTION AND VEN UE. Any dispute concerning this AGREEMENT shall be governed by the laws of the State of California, and the PARTIES agree that venue shall be in San Joaquin County, California.

13. ENTIRE AGREEMENT. This AGREEMENT and its Attachment contains the entire agreement of the PARTIES. No promise, representation, warrant or covenant not included in this AGREEMENT has been or is relied on by any PARTY hereto.

14. NOTICE.

Any notices, including change of address of either PARTY during the term of this AGREEMENT, which EMPLOYEE or the CITY shall be required, or may desire, to make pursuant to this AGREEMENT shall be in writing and shall be either hand- delivered or sent by prepaid first class mail and addressed as follows:

TO CITY: Mayor
City of Stockton
425 N. El Dorado St
Stockton, CA 95202

TO EMPLOYEE: Steve Colangelo
[Most recent address on file with Human Resources]
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IN WITNESS WHEREOF CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor, and duly attested by City Clerk, and EMPLOYEE has signed and executed this AGREEMENT, as of the day and year first above written.

EMPLOYEE

STEVE COLANGELO

INTERIM CITY MANAGER

CITY OF STOCKTON

CHRISTINA FUGAZI
MAYOR

ATTEST:

KATHERINE D. ROLAND, CMC, CPMC

CITY CLERK

APPROVED AS TO FORM:

LORI M. ASUNCION

CITY ATTORNEY

Attachment “A”

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[ATTACH CITY MANAGER CLASS SPECIFICATION HERE]
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City of Stockton
Legislation Text
File #: 25-0888, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meeting of July 15, 2025 Attachment A - 2025-07-15
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City of Stockton
Legislation Text
File #: 25-0914, Version: 1

RATIFY APPOINTMENT TO PLANNING COMMISSION

RECOMMENDATION
It is recommended that City Council adopt a resolution ratifying an appointment to the Stockton Planning Commission to fill a vacated term representing Council District 1. The partial term will begin upon appointment and end January 31, 2027.

Summary
Due to the resignation of the District 1 representative on the Planning Commission, there is one vacancy to be filled by Council ratification this evening.

DISCUSSION
Background
Charter Article XXIV requires that each Councilmember nominate a candidate from the district he/she represents to sit on the Planning Commission and the City Council ratifies the appointments. The term of office is four-years and may be reappointed for a second term but may not serve more than two consecutive terms.

Present Situation
Councilmember Padilla has received applications to fill the partial term on the Planning Commission.

Below is the recommendation presented to Council for ratification this evening.

Planning Commission partial term will begin immediately and end January 31, 2027:

District 1: Jazmine Hernandez

FINANCIAL SUMMARY
There is no financial impact to the General Fund from the appointment of Planning Commissioners.

Planning Commissioners receive a $25 per meeting stipend and sufficient funding is available in account 048-1810-510 (Community Development).

Attachment A - Redacted Application
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Submit Date: Aug 07, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 1
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Planning Commission: Submitted
Jazmine G Hernandez
Stockton CA
Jazmine G Hernandez
Attachment A
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Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
Interests & Experiences
Please tell us about yourself and why you want to serve.

I am a lifelong Stocktonian, raised in South Stockton, and I have witnessed our city go through many changes, both challenges and opportunities. My deep roots in Stockton have given me a firsthand understanding of our community’s diverse needs and the importance of thoughtful, balanced growth. I now live in District 1 in North Stockton, where I am raising my young children, and I want to help shape a future for them and for all families in our city.

Please state the reason you would like to be a member of this board/commission.

I believe in the leadership Stockton has today, and I want to contribute my perspective, local knowledge, and commitment to service to ensure that our planning decisions promote sustainable development, protect neighborhood character, and create opportunities for the next generation. Serving on the Planning Commission would be both an honor and a responsibility I would approach with integrity, fairness, and dedication.

Have you served on an advisory group before?
Yes No
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Jazmine G Hernandez
Attachment A
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Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:

JGH
Date Signed
8/7/25
Jazmine G Hernandez
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING ONE MEMBER THE STOCKTON PLANNING

COMMISISON

Positions on the Planning Commission are directly appointed by City Councilmembers with terms that coincide with the appointing Councilmember; and

The District 1 position has been vacated due to the resignation of Esperanza Vielma; and

Councilmember Padilla has reviewed applications and has made a nomination for appointment; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The following applicant is found to have met the criteria for appointment and is authorized to serve as a member of the Planning Commission for a partial term to commence on appointment and ending January 31, 2027:

District 1: Jazmine Hernandez

2. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED and ADOPTED August 12, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton

ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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Legislation Text
File #: 25-0795, Version: 1

APPROVE A MOTION AWARDING PROFESSIONAL SERVICES AGREEMENTS FOR ACCELA

PERMIT SOFTWARE TECHNICAL SUPPORT AND ENHANCEMENT

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a three-year Professional Services Agreement to Byrne Software Technologies, Inc. for Accela Software Professional Services for a total not-to-exceed contract amount of $220,000.

2. Award a three-year Professional Services Agreement to TruePoint Solutions LLC for Accela Software Professional Services for a total not-to-exceed contract amount of $65,000.

3. Award a three-year Professional Services Agreement to 3SG Plus LLC for Accela Software Professional Services for a total not-to-exceed contract amount of $65,000.

4. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this motion.

Summary
The Community Development Department requires the specialized knowledge of a consulting firm for ongoing technical support to maintain the Accela permitting system, expand online permitting offerings, enhance system configuration to increase efficiencies, enhance ease-of-use for customers and staff, and increase access to data within the system.

On March 30, 2025, the City advertised a Request for Proposals (RFP) for Accela Technical and Professional Services, Project No. PUR-25-028. Six (6) firms submitted proposals for this project.

The Selection Committee evaluated proposals, interviewed applicants and selected three (3) vendors based on their qualifications and experience, technical criteria, management and organization, customer support and services, cost, and applicant interview. Byrne Software Technologies, Inc., TruePoint Solutions LLC, and 3SG Plus LLC were found to be the most qualified and highest-ranking firms.

It is recommended that Council approve a motion authorizing the City Manager to execute three (3) Professional Service Agreements, one with Byrne Software Technologies, Inc. for a not-to-exceed contract amount of $220,000, one with TruePoint Solutions LLC for a not-to-exceed contract amount of $65,000, and one with 3SG Plus LLC for a not-to-exceed contract amount of $65,000.

The contracts will each be for three (3) years with one (1) two-year extension options, for a maximum of five (5) years. The contracts will be funded by the Community Development Department’s Operating Budget.

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DISCUSSION
Background
On May 20, 2014, by Resolution 2014-05-20-1501, City Council approved a contract to implement the Accela Civic Platform Software as the City’s new permit tracking software. The Council also approved by the same motion a contract with TruePoint Solutions, Inc. to provide implementation and technical support services for the above Accela Civic Platform Software product. The implementation was completed in late 2015.

On June 14, 2017, a new agreement with TruePoint Solutions was approved to continue to provide technical support services for the Accela software, as well as expanding their role to implement online payment capabilities and a basic online permitting program. This contract expired December 31, 2020.

An RFP was issued on June 18, 2020, (PUR 20-012) to solicit proposals to continue on-call support, maintenance, and enhancements to Accela. As a result of this process the City selected two vendors, Gray Quarter, Inc. (Gray Quarter) and Byrne Software Technologies, Inc. (Byrne) to provide these services. Two vendors were selected to allow workload balance between the two, as well as gain access to both companies’ varying expertise. Both contracts are set to expire on September 30, 2025.

The current and past contracts for Accela technical support have delivered on-call support, implemented new features of Accela, which include enabling online payment of fees, continued expansion of online permit application submittal, and many other enhancements. These enhancements have supported internal performance monitoring, have assisted in streamlining permitting services, and met the needs of citizens for online services. This additional service became vital during the 2020 COVID-19 pandemic, which required improving the City’s online services and reducing in-person contact as much as possible.

The technical support services have been invaluable to ensure the system maintains its current level of function, in addition to pursuing configuration updates to optimize the system to increase efficiency for both staff and customers. There are plans to continue system buildout and refinement aimed at increased efficiency and enhanced online services for customers.

Present Situation
On March 30, 2025, the City advertised an RFP for Accela Technical and Professional Services, Project No. PUR-25-028. On April 24, 2025, six (6) proposals were received from the following firms:
· Avocette Technologies Inc.
· Byrne Software Technologies
· Consultadd Inc.
· 3SG Plus, LLC
· TruePoint Solutions LLC*
· SEP Technology Consulting, LLC
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*NOTE: The Community Development Department has a current contract with Gray Quarter for Accela technical support which expires on September 30th, 2025. During this RFP process, Gray Quarter and TruePoint Solutions LLC merged, retaining the TruePoint Solutions name.

A Selection Committee evaluated and ranked all proposals based on each firm’s qualifications and experience, technical criteria, management and organization, customer support and services, cost and applicant interview. Byrne Software Technologies, TruePoint Solutions, LLC, and 3SG Plus, LLC, received the highest rankings based on the noted criteria and were determined to be the most qualified firms for this project. During their first contract term, both Byrne and Gray Quarter/Truepoint have proven to be highly technically competent and have an in-depth understanding of Stockton’s Accela configuration. CDD wishes to retain Byrne and Gray Quarter/Truepoint for our ongoing support needs. CDD desires to add a third vendor (3SG) to further balance workload as well as gain access to additional expertise as we work to continue our streamlining and efficiency efforts related to the Accela permitting system.

Compensation will be on a time basis for services rendered. Staff recommends Council approve a motion to award
· A three-year Service Agreement with a not to exceed amount of $220,000 to Byrne Software Technologies; and
· A three-year Service Agreement with a not to exceed amount of $65,000 to Truepoint Solutions, LLC; and
· A three-year Service Agreement with a not to exceed amount of $65,000 to 3SG Plus, LLC for Accela Technical and Professional Services, Project No. PUR-25-028. Contracted services will begin October 1, 2025, and expire September 30, 2028, with the option of one (1) two-year extension for each.

Findings
Pursuant to Stockton Municipal Code (SMC) Section 3.68.070, the Council may approve findings that support an exception to the competitive bidding process. The following findings justify such an exception:

1. The City has a need for specialized support of the Accela platform and does not have staff that possess the highly technical skills needed for these changes.

2. In selecting a vendor to provide these services, the most important criteria are experience, specialized programming capability, knowledge of the Accela platform, and how it will interface with the City’s Tyler Munis ERP system.

3. Use of the RFP process is appropriate for these Professional Service Agreements because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. The selected vendors were the most qualified in separate complementary areas.

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4. The City negotiated the contracts following solicitation of competitive proposals in accordance with SMC Section 3.68.070.A.3.

FINANCIAL SUMMARY
The FY 2025-26 Annual Budget includes an appropriation of $150,000 in the 220-221 Development Services Fund, Business Operations Division (5510) budget. Fund 220-221 is anticipated to have sufficient funds to sustain these expenditures each year, as outlined by the table below. Fund appropriations will be budgeted in subsequent fiscal years and subject to Council approval during the annual budget development process. Staff anticipates that annual contract amounts shall be as follows:
25/26 26/27 27/28 Contract Totals
Byrne 100,000 60,000 60,000 220,000 TruePoint 25,000 20,000 20,000 65,000 3SG Plus 25,000 20,000 20,000 65,000 Annual Totals 150,000 100,000 100,000 350,000 These figures are based on the anticipated workload for each consultant based on their respective skill sets and the City’s Accela needs.

This contract is fully funded by the Development Services Fund and there is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Byrne Software Technologies Professional Services Agreement Attachment B - TruePoint Solutions LLC Professional Services Agreement Attachment C - 3SG Plus, LLC Professional Services Agreement City of Stockton Printed on 8/7/2025Page 4 of 4
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CITY OF STOCKTONSTANDARD AGREEMENT1. This Agreement is entered into between the City of Stockton andContractorto provideas set forth in Exhibit A to this Agreement._____________________________________________________________________________2. The term of this Agreement is as follows, unless amended as described in Exhibit A andExhibit C section 8:Commences on: Terminates on:_____________________________________________________________________________3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement,including if authorized, reimbursement of expenses, is: $4. The complete Agreement consists of all the following Agreement documents which byreference are incorporated and made a part of this Agreement. The parties agree to comply withthe terms and conditions of this Agreement.____________________________________________________________________________IN WITNESS WHEREOF, the authorized parties have executed this Agreement.CONTRACTOR______________________________________________________________________________________________Name (if other than an individual, state whether a corporation, partnership, etc.):______________________________________________________________________________________________Authorized Signature Date______________________________________________________________________________________________Printed Name and Title of Person Signing______________________________________________________________________________________________AddressCITY OF STOCKTON_________________________________________________________________________City Manager DateATTEST:____________________________________________________________________________,City ClerkAPPROVED AS TO FORM: , City AttorneyBY:

Agreement Number:(a) Exhibit AStatement of Work(b) Exhibit BInsurance(c) Exhibit CGeneral TermsConditions(d) Exhibit DExhibit ECompensation Schedule(f) Exhibit FTimeline 1 ATTACHMENT AByrne Software Technologies Accela Professional Services10/1/20259/30/2028220,000Professional Services Special Terms & Conditions 377
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EXHIBIT A STATEMENT OF WORK1. Project ObjectivesTo provide ongoing technical support services for the City of Stockton’s Accelapermit management system, enabling the Community Development Departmentto implement new processes and system customizations that enhance operationalefficiency. This includes support for minor configurations, complex workflowoptimizations, and improvements to the Accela Citizen Access (ACA) portal,serving a hosted environment with approximately 110 to 120 active users.2. Project ScopeThe project scope may include a portion of, or all, but not limited to the work identifiedbelow. All work will be performed on an as-needed basis as requested by the City inaccordance with the hourly rates identified in Exhibit E, Compensation.2.1 Customization & EnhancementsOptimize workflows to streamline business processes in collaboration withCity staff.Implement new Accela modules as required by the City.Configure user roles, permissions, and security settings.Develop custom scripts, expressions, and automation to optimize systemworkflows.Develop Accela Citizen Access (ACA) enhancements for improved userexperience.Implement business rules and validation checks for data integrity.Customize inspection related processes and configurations as needed.2.2 System IntegrationDevelop, implement and provide support for integrations between Accela andthird-party systems, including:oGIS (Geographic Information System)oDocument Management Systems (e.g., Hyland OnBase)oPayment GatewaysoEmail and SMS Notification Platforms2

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Utilize Accela APIs, Webhooks, and Query APIs for seamless data exchange.Ensure data synchronization and integrity between Accela and otherapplications.2.3 Reporting & Data AnalyticsDevelop standard and custom reports using Accela Ad Hoc Reporting, SSRS,ERD, or other reporting tools.Automate report generation and scheduling for department needs.2.4 Ongoing Support & MaintenanceProvide support for troubleshooting and bug fixes.Apply updates and patches to maintain system security and functionality.Maintain compliance with Accela best practices and security protocols.Provide guidance on emerging Accela features and industry best practices.Assist with data cleansing, migration, and archival as needed.Offer on-call support for miscellaneous tasks, including weekly, bi-weekly,and monthly check-ins if required.2.5 Training & Knowledge TransferProvide structured training sessions for City staff at various skill levels.Develop training materials, including user guides, FAQs, and video tutorials.Offer hands-on training for staff on configurations.3. Major DeliverablesDeliverables will depend upon which of the items identified in Section 2, ProjectScope are assigned and will be I the form of updates to Accela configurationsthat are approved by City staff.The City reserves the right to request more specific deliverables on an as-needed basis throughout the duration of the agreement.4. Tasks That Support the DeliverablesContractor shall make themselves available for meetings, telephone calls andemails in order to discuss and configure technical projects and updates to theAccela system which will be executed on an as-needed basis n a timeline agreedto by the City and Contractor.3

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5. Internal and External Standards and GuidelinesAny professional certifications or licenses that may be required will be the solecost and responsibility of the Contractor.Contractor shall possess all necessary licenses to perform the work specifiedwithin these documents, including a City of Stockton Business Licenses whichmust be kept in effect during the term of this Agreement.6. Criteria of Acceptance for DeliverablesAll deliverables shall be evaluated for completeness, accuracy and functionalitybefore acceptance.7. NoticesPursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, themailing address for all required notices is as follows:Contractor: Byrne Software TechnologiesCity: City of Stockton16091 Swingley Ridge Road Attn: City Manager Suite 200 425 N. El Dorado StreetChesterfield, MO 63017 Stockton, CA 952028. Key PersonnelRob [email protected] [email protected]. Option to Renew.The term of the Agreement may be extended up to two (2) years by a writtenamendment executed by both parties. However, the total term of the Agreementincluding the extended term shall not exceed five (5) years.4

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REV 2025-06-04Exhibit B: Insurance Requirements for Agreements Involving Information Technology()Consultant or Vendor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure andmaintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:1. Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate 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 Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3.Workers’ Compensationinsurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000per accident for bodily injury or disease. 4.Crime/Fidelity Bond – Insurance no less than $1,000,000per occurrence, covering all officers and employees, for loss of proceeds caused by dishonesty.5. Technology Professional Liability Errors and Omissions Insuranceappropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction 5

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REV 2025-06-04of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.a. The Policy shall include, or be endorsed to include, for damage to, alteration of, loss of, or destruction ofelectronic data and/or information “property” of the Agency in the care,custody, or control of the Consultant.If the Consultant 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 the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: The City of Stockton, its officers, officials, employees, and volunteers are to be covered as insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Consultant’s insurance, at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. For Vendors ISO Form CG 20 15 12 19 is acceptable. 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. For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory, with coverage at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance, including any excess policies, and shall not contribute with it. This requirement shall also apply to any Excess policies. The City of Stockton does not accept endorsements limiting the Vendor’s insurance coverage to the sole negligence of the Named Insured. 6

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REV 2025-06-04The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton. Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy 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. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City of Stockton. If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of thecontract or the beginning of contract work.2. Insurance must be maintained, and evidence of insurance must be provided .3. If coverage is canceled or non-renewed, and not prior to the contract effectivedate, the Consultant must purchase “extended reporting” coverage for a minimum of years after completion of contract work.7

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REV 2025-06-04Consultant shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.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 special circumstances. Certificate Holder Address The address for mailing certificates, endorsements and notices shall be: City of StocktonIts Officers, Officials, Employees and Volunteers425 N El Dorado Street Stockton, CA 95202 8 ATTACHMENT A
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EXHIBIT CGENERAL TERMS AND CONDITIONS1. Goods, Equipment and Services. Subject to the terms and conditions set forthin this Agreement, Contractor shall provide to City the services described in Exhibit A ofthe Agreement. Contractor shall provide said services at the time, place and in themanner specified in Exhibit A of the Agreement.2. City Assistance, Facilities, Equipment and Clerical Support. Except as setforth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain allfacilities and equipment that may be required for furnishing services pursuant to thisAgreement. If applicable, City shall furnish to Contractor only the facilities andequipment listed in Exhibit A to the Agreement.3. Compensation. City shall pay Contractor for services rendered pursuant tothis Agreement as described more particularly in Exhibit A and Exhibit E to theAgreement.3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice. 3.2 Upon completion of work and acceptance by City, Contractor shall have sixty(60) days in which to submit final invoicing for payment. An extension may begranted by City upon receiving a written request thirty (30) days in advance ofsaid time limitation. The City shall have no obligation or liability to pay anyinvoice for work performed which the Contractor fails or neglects to submitwithin sixty (60) days, or any extension thereof granted by the City, after thework is accepted by the City.4. Sufficiency of Contractor’s Work. All Contractor services, work, anddeliverables shall be performed in a good and workmanlike manner with duediligence in accordance with the degree of skill normally exercised by similarcontractors supplying services and work of a similar nature, and in conformancewith applicable laws, codes and professional standards. Contractor’s work shall beadequate and sufficient to meet the purposes of this Agreement.5. Ownership of Work. All reports, work product, all other documents completed orpartially completed by Contractor or its approved subcontractors, in performance of thisAgreement, and if applicable, drawings, designs, and plan review comments shall becomethe property of the City. Any and all copyrightable subject matter in all materials is herebyassigned to the City and the Contractor and its approved subcontractors agree9

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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.6. Timeliness.Time is of the essence in this Agreement. Further, Contractoracknowledges that the failure of Contractor to comply with the time limits described inExhibit A and Exhibit F may result in economic or other losses to the City.7. Changes. Both parties to this Agreement understand that it may becomedesirable or necessary during the term of this Agreement for City to modify the scopeof services provided for under this Agreement. Any material extension or change in thescope of work shall be discussed with City and the change and cost shall bememorialized in a written amendment to the original contract prior to the performanceof the additional work. Until the amendment is so executed, City will not be responsibleto pay any charges Contractor may incur in performing such additional services, andContractor shall not be required to perform any such additional services.8. Amendment. No variation of the terms of this Agreement shall be valid unlessan amendment is made in writing and signed by both parties.9. Contractor’s Status.9. 1 In performing the obligations set forth in this Agreement, Contractor shallhave the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture. 9.2Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's10

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control with respect to the physical action or activities of Contractor in fulfillment of thisAgreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement. 9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.10. Subcontractor.10.1 Subcontractors shall not be recognized as having any direct or contractualrelationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. 10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor. 10.3 It is further understood and agreed that ontractor must issue W-2 11. Termination.11.1 Termination for Convenience of City. The City may terminate thisAgreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.11

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11. 2 Should either party default in the performance of this Agreement ormaterially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.Non-Assignability. The Contractor shall not assign, sublet, or transfer thisAgreement or any interest or obligation in the Agreement without the prior writtenconsent of the City, and then only upon such terms and conditions as City may setforth in writing. Contractor shall be solely responsible for reimbursing subcontractors.Indemnity and Hold Harmless. Insurance. During the term of this Agreement, Contractor shall maintain infull force and effect at its own cost and expense the insurance coverage as set forth inthe attached Exhibit B to this Agreement and shall otherwise comply with theother provisions of Exhibit B to this Agreement.Notices. All notices herein required shall be in writing and shall be sent bycertified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.Conformance to Applicable Laws. Contractor shall comply with allapplicable Federal, State, and Municipal laws, rules, and ordinances. Contractorshall not discriminate in the employment of persons or in the provision of servicesunder this Agreement on the basis of any legally protected classification, includingrace, color, national origin, ancestry, sex or religion of such person. (Rev. 10.30.18; Mod 0) 12

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17. Licenses, Certifications and Permits. Prior to the City’s execution of thisAgreement and prior to the Contractor’s engaging in any operation or activity set forthin this Agreement, Contractor shall obtain a City of Stockton business license, whichmust be kept in effect during the term of this Agreement. Contractor covenants that ithas obtained all certificates, licenses, permits and the like required to perform theservices under this Agreement. Such licenses, certificates and permits shall bemaintained in full force and effect during the term of this Agreement.18. Records and Audits. Contractor shall maintain all records regarding thisAgreement and the services performed for a period of three (3) years from the date thatfinal payment is made. At any time during normal business hours, the records shall bemade available to the City to inspect and audit. To the extent Contractor renders serviceson a time and materials basis, Contractor shall maintain complete and accurateaccounting records, in a form prescribed by City or, if not prescribed by City, inaccordance with generally accepted accounting principles, such records to include, but notbe limited to, payroll records, attendance cards, time sheets, and job summaries.19. Confidentiality. Contractor shall exercise reasonable precautions to preventthe unauthorized disclosure and use of City reports, information or conclusions.20. Conflicts of Interest. Contractor covenants that other than this Agreement,Contractor has no financial interest with any official, employee or other representativeof the City. Contractor and its principals do not have any financial interest in realproperty, sources of income or investment that would be affected in any manner ofdegree by the performance of Contractor’s services under this Agreement. If such aninterest arises, Contractor shall immediately notify the City.21. Waiver. In the event either City or Contractor at any time waive any breach ofthis Agreement by the other, such waiver shall not constitute a waiver of any other orsucceeding breach of this Agreement, whether of the same or of any other covenant,condition or obligation. No payment, partial payment, acceptance, or partialacceptance by City shall operate as a waiver on the part of City of any of its rightsunder this Agreement.22. Governing Law. California law shall govern any legal action pursuant to thisAgreement with venue for all claims in the Superior Court of the County of SanJoaquin, Stockton Branch or, where applicable, in the Federal District Court ofCalifornia, Eastern District, Sacramento Division.23. No Personal Liability. No official or employee of City shall be personally liableto Contractor in the event of any default or breach by the City or for any amount dueContractor.13

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24. Severability.If any portion of this Agreement or application thereof to anyperson or circumstance shall be declared invalid by a court of competent jurisdiction orif it is found in contravention of any federal, state or city statue, ordinance or regulationthe remaining provisions of this Agreement or the application thereof shall not beinvalidated thereby and shall remain in full force and effect to the extent that theprovisions of this Agreement are severable.25. Non-Discrimination. During the performance of this Agreement, Contractor and itsofficers, employees, agents, representatives or subcontractors shall not unlawfullydiscriminate in violation of any federal, state, or local law, rule or regulation against anyemployee, applicant for employment or person receiving services under this Agreementbecause of race, religion, color, national origin, ancestry, physical or mental disability,medical condition (including genetic characteristics), marital status, age, political affiliation,gender identity, gender expression, sex or sexual orientation, family and medical careleave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents,representative or subcontractors shall comply with all applicable Federal, State and locallaws and regulations related to non-discrimination and equal opportunity, including withoutlimitation the City’s nondiscrimination policy; the Fair Employment and Housing Act(Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and allapplicable regulations promulgated in the California Code of Regulation or Code of FederalRegulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the UnitedStates shall, on the grounds of race, color, or national origin be excluded from participationin, be denied the benefits of, or be subjected to discrimination under any program oractivity receiving federal financialassistance.” (42 USC Section 2000d).http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance withthe requirements of Title VI in all of its programs and activities regardless of fundingsource.26. Force Majeure. Neither party shall be responsible for delays or failures inperformance resulting from acts of God, acts of civil or military authority, terrorism, fire,flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causesreasonably beyond the control of that party. The party experiencing the force majeureevent agrees to give the other party notice promptly following the occurrence of a forcemajeure event, and to use diligent efforts to re-commence performance as promptly ascommercially practicable.27. Taxes and Charges.Contractor shall be responsible for payment of all taxes,fees, contributions or charges applicable to the conduct of the Contractor’s business.28. Cumulative Rights. Any specific right or remedy provided in this Agreement willnot be exclusive but will be cumulative of all other rights and remedies to which may belegally entitled.14

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29. Advice of Attorney.Each party warrants and represents that in executing thisAgreement, it has received independent legal advice from its attorneys or theopportunity to seek such advice.30. Heading Not Controlling.Headings used in this Agreement are for referencepurposes only and shall not be considered in construing this Agreement.31. Entire Agreement, Integration, and Modification.31.1 This Agreement represents the entire integrated agreement betweenContractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.32. Counterparts.This Agreement may be executed in one or more counterparts,each of which shall be deemed an original. All counterparts shall be construed togetherand shall constitute one agreement.33. Authority.The individual(s) executing this Agreement represent and warrant thatthey have the legal capacity and authority to do so on behalf of their respective legalentities. 15 ATTACHMENT A
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EXHIBIT DPROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS1. Definitions.The following words and phrases have the following meanings forpurposes of this Agreement:1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.1.2upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.2. General.The following terms and conditions are applicable for the ProfessionalServices only. The special conditions shall be read in conjunction with the StandardAgreement, General Terms and Conditions (GTC) Exhibit C, and all other Exhibitsidentified in the Standard Agreement.2.1Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.2.2In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.3. Time for Performance.3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractorsubcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 16

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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.4. Standard of PerformanceIn addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:4.1 Contractorervices shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractorprofession currently practicing under similar conditions. Contractorof performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in Contractor either under this Agreement, at law or in equity.5. Compensation5.1 In addition to Section 3 Compensation in Exhibit C GTC, the Contractorshall be compensated for the services provided under this Agreement as follows:5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 17

ATTACHMENT A
393
(Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded. 6. Personnel6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractorpursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractorcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractorofficers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractorhereunder, including estimated taxes, and shall provide City with proof of such payments upon request.6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractorshall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.7. Reports and InformationContractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.18

ATTACHMENT A
394
(Rev. 07.12.22)

8. Findings ConfidentialAll of the reports, information, data, et cetera, prepared or assembled by theContractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is alindependently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.9. CopyrightNo materials, including but not limited to reports, maps, or documents producedas a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.10. DeliverablesContractor shall prepare or provide to the City various Deliverables. "Deliverables"include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement. Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement. 11. Applicable LawsDeliverables must conform with all applicable federal, state, and local laws. Suchconformity includes compliance with federal sanctions, and Contractor certifies that it hasnot and will not engage in prohibited transactions with sanctioned persons or entities. 19

ATTACHMENT A
395
(Rev. 10.30.18)
EXHIBIT ECOMPENSATION SCHEDULEThe Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:1. Project Price1.1 The maximum the Contractor shall be paid on this Agreement is $ 220,000(hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement. 1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor. Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii. Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services: i. Expenses, fees or charges for printing, reproduction or binding ofdocuments at actual costs with no markup added to the actual cost.ii. Any filing fees, permit fees, or other fees paid or advanced by theContractor at actual costs with no markup added to the actual cost.iii. Travel expenses shall be reimbursed in accordance with the City’stravel policy, which is incorporated herein by reference.Reimbursement shall be made at actual costs with no markup addedto the actual cost.1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment. 20

ATTACHMENT A
396
(Rev. 10.30.18)

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.1.5 Subcontractor Costs: Not Applicable Task Price. Below is the price for the services and reimbursable expenses asdescribed in Exhibit A of this Agreement.Task Description Task Price 1 N/A $N/ATOTAL PRICE $ N/A 3. Hourly Rates. The following is a list of hourly billable rates that Contractor shallapply for additional services requested of the Contractor. Contractor shall becompensated based on the hourly rates set forth below, on a time and material basis forthose services that are within the general scope of services of this Agreement, but beyondthe description of services required under Exhibit A, and all services are reasonablynecessary to complete the standards of performance required by this Agreement. Anychanges and related fees shall be mutually agreed upon between the parties by a writtenamendment to this Agreement.Hourly Billable Rate Schedule Services Description Hourly Billable RatesAccela On-Call Professional Services and Support$155.004. Additional Fees.Not Applicable5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listedin Exhibit A and this Exhibit, and the completed work product/deliverable for the agreedupon price listed in this Exhibit. Invoices shall be submitted to the below address:Invoices may be sent electronically to [email protected] of Stockton Community Development Department Attention: Permit Center 425 N. El Dorado Street Stockton, CA 95202 21

ATTACHMENT A
397
(Rev, 10.27.22)

EXHIBIT FTIMELINE
22 ATTACHMENT A
398
(Rev. 02.13.25)

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:
_____________________________________________________________________________

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________7/8/2025________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CITY OF STOCKTON
___________________________________________________________________________ Steve Colangelo, Interim City Manager Date
ATTEST:
____________________________________________________________________________ Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D –
(e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
1 ATTACHMENT B
399
(Re
v. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Pr
oject Objectives
To provide ongoing technical support services for the City of Stockton’s Accela permit management system, enabling the Community Development Department to implement new processes and system customizations that enhance operational efficiency. This includes support for minor configurations, complex workflow optimizations, and improvements to the Accela Citizen Access (ACA) portal, serving a hosted environment with approximately 110 to 120 active users.

2. Pr
oject Scope
The p
roject scope may include a portion of, or all, but not limited to the work identified below. All work will be performed on an as-needed basis as requested by the City in accordance with the hourly rates identified in Exhibit E, Compensation.

2.1 Customization & Enhancements
• Optimize workflows to streamline business processes in collaboration with City staff.
• Implement new Accela modules as required by the City. • Configure user roles, permissions, and security settings. • Develop custom scripts, expressions, and automation to optimize system workflows.
• Develop Accela Citizen Access (ACA) enhancements for improved user experience.
• Implement business rules and validation checks for data integrity. • Customize inspection related processes and configurations as needed.

2.2 System Integration
• Develop, implement and provide support for integrations between Accela and third-party systems, including:
o GIS (Geographic Information System)
o Document Management Systems (e.g., Hyland OnBase)
o Payment Gateways
2 ATTACHMENT B
400
(Re
v. 10.30.18)
o Email and SMS Notification Platforms
• Utilize Accela APIs, Webhooks, and Query APIs for seamless data exchange. • Ensure data synchronization and integrity between Accela and other applications.

2.3 Reporting & Data Analytics
• Develop standard and custom reports using Accela Ad Hoc Reporting, SSRS, ERD, or other reporting tools.
• Automate report generation and scheduling for department needs.

2.4 Ongoing Support & Maintenance
• Provide support for troubleshooting and bug fixes.
• Apply updates and patches to maintain system security and functionality. • Maintain compliance with Accela best practices and security protocols. • Provide guidance on emerging Accela features and industry best practices. • Assist with data cleansing, migration, and archival as needed. • Offer on-call support for miscellaneous tasks, including weekly, bi-weekly, and monthly check-ins if required.

2.5 Training & Knowledge Transfer
• Provide structured training sessions for City staff at various skill levels. • Develop training materials, including user guides, FAQs, and video tutorials. • Offer hands-on training for staff on configurations.

3. Major Deliverables
Del
iverables will depend upon which of the items identified in Section 2, Project Scope are assigned and will be I the form of updates to Accela configurations that are approved by City staff.

The C
ity reserves the right to request more specific deliverables on an as- needed basis throughout the duration of the agreement.

4. Tasks T
hat Support the Deliverables
Cont
ractor shall make themselves available for meetings, telephone calls and emails in order to discuss and configure technical projects and updates to the 3 ATTACHMENT B
401
(Re
v. 10.30.18)
Accela system which will be executed on an as-needed basis n a timeline agreed to by the City and Contractor.

5. In
ternal and External Standards and Guidelines
Any
professional certifications or licenses that may be required will be the sole cost and responsibility of the Contractor.

Cont
ractor shall possess all necessary licenses to perform the work specified within these documents, including a City of Stockton Business Licenses which must be kept in effect during the term of this Agreement.

6. Criteria of Acceptance for Deliverables
Al
l deliverables shall be evaluated for completeness, accuracy and functionality before acceptance.

7. No
tices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: TruePoint Solutions City: City of Stockton 3262 Penryn Rd Attn: City Manager
Suite 100-B 425 N. El Dorado Street
Loomis, CA 95650 Stockton, CA 95202

8. Key P
ersonnel
Rob Li
ddicoat
[email protected]
Heat
her Mompean
[email protected]

10. O
ption to Renew.

The term of the Agreement may be extended up to two (2) years by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years. 4 ATTACHMENT B
402
REV 2025-06-04
Exhibit B:

Insurance Requirements for Agreements Involving Information Technology ()

Consultant or Vendor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate 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 Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Crime/Fidelity Bond – Insurance no less than $1,000,000 per occurrence, covering all officers and employees, for loss of proceeds caused by dishonesty.

5. Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction 5 ATTACHMENT B
403
REV 2025-06-04
of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Consultant.

If the Consultant 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 the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Consultant’s insurance, at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. For Vendors ISO Form CG 20 15 12 19 is acceptable. 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.

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory, with coverage at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance, including any excess policies, and shall not contribute with it. This requirement shall also apply to any Excess policies. The City of Stockton does not accept endorsements limiting the Vendor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
6 ATTACHMENT B
404
REV 2025-06-04
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self -Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy 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.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the 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 the contract of work .

3. If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

7 ATTACHMENT B
405
REV 2025-06-04
Verification of Coverage

Consultant shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

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 special circumstances.

Certificate Holder Address

The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202

8 ATTACHMENT B
406
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

EXHIBIT C

GENERAL T

ERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoi
ces submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Upon com
pletion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor ’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor ’s work sh all be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 9 ATTACHMENT B
407
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final deliver y to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contrac tor to comply with the time limit s described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 10 ATTACHMENT B
408
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24RM)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Con tractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall
be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City
for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance
of this Agreement any third persons are employed by
Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or r
equirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 11 ATTACHMENT B
409

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party ’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor s hall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City m ay set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold
Harmless. To the fullest extent permitted by law,
Contractor shall hold harmless, defend
and indemnify City of Stockton and
its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, cos
ts (including without limitation costs and
fees of litigation) of every
nature arising out of or in connection with
Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in
this agreement, except such loss or damage
which was caused by the
sole negligence or willful misconduct of the City
of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance
obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

14. Insurance. During
the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this A
greement and shall otherwise comply with the
other provisions of
Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addr
essed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws
. Contractor shall comply with all
applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement
on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
12 ATTACHMENT B 410
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

17. Licenses, Certifications and Permits . Prior to the City ’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest . Contractor covenants that other than this Agr eement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any m anner of degree by the performance of Contractor ’s services under this Ag reement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the Cit y or for any amount due Contractor.
13 ATTACHMENT B
411
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non- discrimination and equal opportunity, including without limitation the City ’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial

assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neithe r party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
14 ATTACHMENT B
412
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
15 ATTACHMENT B
413
(Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 16 ATTACHMENT B
414
(Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s S ervices shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by member s of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards . By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its s ubcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 17 ATTACHMENT B
415
(Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compens ation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds fo r termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all t axes incurred as a resul t of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel : Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key p ersonnel without the written consent of the City, which consent the City wi ll not unreasonably withhold. "key p ersonnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the term s of this Agreement. A list of k ey personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
18 ATTACHMENT B
416
(Rev. 07.12.22)

8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the C ity determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities. 19 ATTACHMENT B
417
(Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The C
ontractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Proj
ect Price

1.1 The maximum the Contractor shall be paid on this Agreement is $ 65,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items : Only the reimbursable items identified in Exhibit A , C, and D ( Compensation), shall be compensated to the Contractor .

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The C ity shall not pay a markup on any of the items listed in i, ii or iii .

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expens
es, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any f
iling fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Trav
el expenses shall be reimbursed in accordance with the C ity’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The C
ontractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
20 ATTACHMENT B
418
(Rev. 10.30.18)

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Not Applicable

2. Task Price. Be low is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 N/A $N/A
TOTAL PRICE $ N/A

3. Ho
urly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.

Hour
ly Billable Rate Schedule
Role Services Description Hourly Billable
Rates
Consultant Accela On-Call Professional Services and
Support
$185.00
Project Managers Accela On-Call Professional Services and Support
$185.00

4. Addi
tional Fees. Not Applicable

5. In
voice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

Inv
oices may be sent electronically to [email protected] Ci
ty of Stockton Community Development Department
Attention: Permit Center
425 N. El Dorado Street
Stockton, CA 95202
21 ATTACHMENT B
419
(Rev, 10.27.22)

EXHIBIT F
TIMEL
INE

1. Services under this agreement shall be provided on an as-needed, on-call basis throughout the term of the contract. Specific
timelines for deliverables, tasks, or
projects will be established collaboratively between the City and Contractor based on scope, complexity and urgency.

2. The Contractor shall make reasonable effor
ts to perform services promptly and within
the time frames agreed upon.
22 ATTACHMENT B
420
(Rev. 02.13.25)

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:
_____________________________________________________________________________

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CITY OF STOCKTON
___________________________________________________________________________ Steve Colangelo, Interim City Manager Date
ATTEST:
____________________________________________________________________________ Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D –
(e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
1 ATTACHMENT C
421
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Pr
oject Objectives
To provide ongoing technical support services for the City of Stockton’s Accela permit management system, enabling the Community Development Department to implement new processes and system customizations that enhance operational efficiency. This includes support for minor configurations, complex workflow optimizations, and improvements to the Accela Citizen Access (ACA) portal, serving a hosted environment with approximately 110 to 120 active users.

2. Pr
oject Scope
The p
roject scope may include a portion of, or all, but not limited to the work identified below. All work will be performed on an as-needed basis as requested by the City in accordance with the hourly rates identified in Exhibit E, Compensation.

2.1 Customization & Enhancements
• Optimize workflows to streamline business processes in collaboration with City staff.
• Implement new Accela modules as required by the City. • Configure user roles, permissions, and security settings. • Develop custom scripts, expressions, and automation to optimize system workflows.
• Develop Accela Citizen Access (ACA) enhancements for improved user experience.
• Implement business rules and validation checks for data integrity. • Customize inspection related processes and configurations as needed.

2.2 System Integration
• Develop, implement and provide support for integrations between Accela and third-party systems, including:
o GIS (Geographic Information System)
o Document Management Systems (e.g., Hyland OnBase)
o Payment Gateways
2 ATTACHMENT C
422
2 (Rev. 10.30.18)
o Email and SMS Notification Platforms
• Utilize Accela APIs, Webhooks, and Query APIs for seamless data exchange. • Ensure data synchronization and integrity between Accela and other applications.

2.3 Reporting & Data Analytics
• Develop standard and custom reports using Accela Ad Hoc Reporting, SSRS, ERD, or other reporting tools.
• Automate report generation and scheduling for department needs.

2.4 Ongoing Support & Maintenance
• Provide support for troubleshooting and bug fixes.
• Apply updates and patches to maintain system security and functionality. • Maintain compliance with Accela best practices and security protocols. • Provide guidance on emerging Accela features and industry best practices. • Assist with data cleansing, migration, and archival as needed. • Offer on-call support for miscellaneous tasks, including weekly, bi-weekly, and monthly check-ins if required.

2.5 Training & Knowledge Transfer
• Provide structured training sessions for City staff at various skill levels. • Develop training materials, including user guides, FAQs, and video tutorials. • Offer hands-on training for staff on configurations.

3. Major Deliverables

Deliverables will depend upon which of the items identified in Section 2, Project Scope are assigned and will be I the form of updates to Accela configurations that are approved by City staff.

The City reserves the right to request more specific deliverables on an as- needed basis throughout the duration of the agreement.

4. Tasks That Support the Deliverables

Contractor shall make themselves available for meetings, telephone calls and emails in order to discuss and configure technical projects and updates to the 3 ATTACHMENT C
423
(Re
v. 10.30.18)
Accela system which will be executed on an as-needed basis n a timeline agreed to by the City and Contractor.

5. In
ternal and External Standards and Guidelines
Any
professional certifications or licenses that may be required will be the sole cost and responsibility of the Contractor.

Cont
ractor shall possess all necessary licenses to perform the work specified within these documents, including a City of Stockton Business Licenses which must be kept in effect during the term of this Agreement.

6. Criteria of Acceptance for Deliverables
Al
l deliverables shall be evaluated for completeness, accuracy and functionality before acceptance.

7. No
tices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: 3sg Plus, LLC City: City of Stockton
8800 Lyra Drive, Suite 690 Attn: City Manager
Columbus, OH 43240 425 N. El Dorado Street
Stockton, CA 95202

8. Key P
ersonnel
Rob Li
ddicoat
[email protected]
Heat
her Mompean
[email protected]

10. O
ption to Renew.

The term of the Agreement may be extended up to two (2) years by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years. 4 ATTACHMENT C
424
REV 2025-06-04
Exhibit B:

Insurance Requirements for Agreements Involving Information Technology ()

Consultant or Vendor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate 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 Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Crime/Fidelity Bond – Insurance no less than $1,000,000 per occurrence, covering all officers and employees, for loss of proceeds caused by dishonesty.

5. Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction 5 ATTACHMENT C
425
REV 2025-06-04
of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Consultant.

If the Consultant 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 the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Consultant’s insurance, at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. For Vendors ISO Form CG 20 15 12 19 is acceptable. 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.

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory, with coverage at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance, including any excess policies, and shall not contribute with it. This requirement shall also apply to any Excess policies. The City of Stockton does not accept endorsements limiting the Vendor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
6 ATTACHMENT C
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REV 2025-06-04
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self -Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy 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.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the 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 the contract of work .

3. If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

7 ATTACHMENT C
427
REV 2025-06-04
Verification of Coverage

Consultant shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

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 special circumstances.

Certificate Holder Address

The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202

8 ATTACHMENT C
428
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

EXHIBIT C

GENERAL T

ERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoi
ces submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Upon com
pletion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor ’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor ’s work sh all be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 9 ATTACHMENT C
429
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final deliver y to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contrac tor to comply with the time limit s described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 10 ATTACHMENT C
430
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24RM)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Con tractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall
be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City
for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance
of this Agreement any third persons are employed by
Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or r
equirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 11 ATTACHMENT C
431

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party ’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor s hall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City m ay set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold
Harmless. To the fullest extent permitted by law,
Contractor shall hold harmless, defend
and indemnify City of Stockton and
its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, cos
ts (including without limitation costs and
fees of litigation) of every
nature arising out of or in connection with
Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in
this agreement, except such loss or damage
which was caused by the
sole negligence or willful misconduct of the City
of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance
obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

14. Insurance. During
the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this A
greement and shall otherwise comply with the
other provisions of
Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addr
essed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws
. Contractor shall comply with all
applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement
on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
12 ATTACHMENT C 432
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

17. Licenses, Certifications and Permits . Prior to the City ’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest . Contractor covenants that other than this Agr eement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any m anner of degree by the performance of Contractor ’s services under this Ag reement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the Cit y or for any amount due Contractor.
13 ATTACHMENT C
433
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non- discrimination and equal opportunity, including without limitation the City ’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial

assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neithe r party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
14 ATTACHMENT C
434
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
15 ATTACHMENT C
435
(Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 16 ATTACHMENT C
436
(Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s S ervices shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by member s of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards . By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its s ubcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 17 ATTACHMENT C
437
(Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compens ation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds fo r termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all t axes incurred as a resul t of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel : Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key p ersonnel without the written consent of the City, which consent the City wi ll not unreasonably withhold. "key p ersonnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the term s of this Agreement. A list of k ey personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
18 ATTACHMENT C
438
(Rev. 07.12.22)

8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the C ity determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities. 19 ATTACHMENT C
439
(Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Con
tractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Proje
ct Price

1.1 The maximum the Contractor shall be paid on this Agreement is $ 65,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items : Only the reimbursable items identified in Exhibit A , C, and D ( Compensation), shall be compensated to the Contractor .

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The C ity shall not pay a markup on any of the items listed in i, ii or iii .

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses
, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any fi
ling fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel
expenses shall be reimbursed in accordance with the C ity’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Cont
ractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
20 ATTACHMENT C
440
(Rev. 10.30.18)

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Not Applicable

2. Task Price. Be low is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 N/A $N/A
TOTAL PRICE $ N/A

3. Hou
rly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.

Hourl
y Billable Rate Schedule
Services Description
Hourly Billable
Rates
Accela On-Call Professional Services and
Support
$150.00

4. Addit
ional Fees. Not Applicable

5. Invo
ice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

Invoi
ces may be sent electronically to [email protected] Cit
y of Stockton Community Development Department
Attention: Permit Center
425 N. El Dorado Street
Stockton, CA 95202
21 ATTACHMENT C
441
(Rev, 10.27.22)

EXHIBIT F

TIMELIN
E

1. Services under this agreement shall be provided on an as-needed, on-call basis throughout the term of the contract. Specific timelines for deliverables, tasks, or projects will be established collaboratively between the City and Contractor based on scope, complexity and urgency.

2. The Contractor shall make reasonable efforts to perform services promptly and within the time frames agreed upon.
22 ATTACHMENT C
442
City of Stockton
Legislation Text
File #: 25-0724, Version: 1

ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 14 (VILLAGE I) TRACT NO. 4213 PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Final Map for Cannery Park, Unit No. 14 (Village I), Tract No. 4213;

2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the Final Map for Cannery Park, Unit No. 14 (Village I), Tract No. 4213; and

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
The proposed resolution approves the Final Map and authorizes the City Manager to execute a Subdivision Agreement between Century Communities of California, LLC, accept all offers of dedication, and record the map for Cannery Park, Unit No. 14 (Village I), Tract No. 4213. The subdivision contains 55.88 acres divided into 131 lots for the construction of single-family residential homes, 1 lot for a park, 1 lot for a storm drainage basin, a lot for future development, and street right- of-way dedication. The Final Map complies with the Tentative Maps (TM 8-04 A&B and TM P21-0435) approved by the Planning Commission on August 12, 2004, and February 8, 2024, and approved development conditions. The proposed property subdivision is located north of PFC Jesse Mizener Street and east of Holman Road (Attachment A - Vicinity Map).

Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the Tentative Map conditions have been fulfilled. If the Final Map is approved by the City Council, the City will transmit the map and Subdivision Agreement to the County Recorder. It is recommended that the Council adopt the proposed resolution, as Century Communities of California, LLC, has fulfilled all necessary conditions.

DISCUSSION
Background
On August 12, 2004, the Planning Commission approved a Small Lot and Large Lot Tentative Subdivision Map (TM 8-04 A&B) for the Cannery Park Mixed Use Project and recommended that City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road City of Stockton Printed on 8/7/2025Page 1 of 3
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File #: 25-0724, Version: 1
Specific Plan Amendment, Annexation, Pre-zoning and Development Agreement. On September 14, 2004, the City Council approved the Planning Commission and Staff recommendations. The Project proposed to develop a 448-acre project site with 1,100 single-family lots, 210 multi-family units, commercial retail and office, industrial, parks, a school, and a fire station.

The Tentative Small Lot Map 8-04A shows how the proposed site would be divided up into smaller parcels, creating the residential lots, a lot for multi-family, 49 lots for light industrial and commercial, and lots for the fire station, parks, school, and various accessory lots. The Tentative Large Lot Map shows how the proposed site would be divided up into 17 large lots to provide the developer an opportunity to sell larger blocks of developable land off while site development is underway. The tentative maps were approved subject to specified conditions to be met upon subdivision of the project site.

The City Council approved the formation of the Community Facilities District (CFD) No. 2019-1 for Cannery Park II to levy Special Taxes within the CFD to finance the construction of capital infrastructure and ongoing services related to police, fire, parks, roads, and open space.

On February 8, 2024, the Planning Commission approved a Tentative Subdivision Map (TM P21- 0435) for the Cannery Park Mixed Use Project, and on April 2, 2024, the City Council approved the associated General Plan Amendment, Rezone, EIR Addendum, and Development Agreement (extending the existing agreement by 10 years).

Up to the present time, the City Council has approved twelve final maps that created 1031 residential lots, a school, public rights-of-way, and easements.

Present Situation
Century Communities of California, LLC, submitted a final map to complete the subdivision process for the earlier approved Tentative Maps. The subdivision name is Cannery Park Unit No. 14 (Village I), Tract No. 4213, and will subdivide the 55.88-acre project site into 131 lots for the construction of single-family residential homes, 1 lot for a park, 1 lot for a storm drainage basin, a lot for future development, and street right-of-way dedication. The residential lot sizes, ranging from 5,000 to 11,833 square feet, will be provided access through the project site to public streets.

Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval are met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right-of-way easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.

The City Engineer reviewed the Final Map for technical accuracy, substantial conformance with the approved tentative maps, and that the required conditions are completed or incorporated within a Subdivision Agreement. The City Engineer recommends forwarding the Final Map, Subdivision Agreement, and any offers of dedication to the City Council for consideration and approval.

The Subdivision Agreement (Exhibit 1 to the proposed resolution) contains the developer’s obligations for project site development. The proposed resolution authorizes the City Manager to execute the Subdivision Agreement, accept on behalf of the public all offers of dedication, and City of Stockton Printed on 8/7/2025Page 2 of 3
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File #: 25-0724, Version: 1
authorizes the recordation of the Final Map. It is recommended that the Council adopt the proposed resolution, as Century Communities of California, LLC, has fulfilled all necessary conditions.

FINANCIAL SUMMARY
The costs of creating the Subdivision Agreement, including plan checking, inspection, map filing, and computer mapping services provided by City staff, have been paid by the subdivider in the amount of $342,574.05 and deposited in various fee accounts in the Development Services Fund and Street Sign Public Facility Fee Fund. These fees and deposits are described in detail in Exhibit A of the Subdivision Agreement. All other fees will be assessed at the time building permits are issued.

Cannery Park, Unit No. 14 (Village I) will be incorporated into CFD No. 2019-1, which provides funding for the necessary infrastructure improvements and ongoing City services related to police, fire, parks, roads, and open space to support the project development. There is no financial impact to the City because of the execution of the Subdivision Agreement. The developer bears the costs of constructing the required infrastructure improvements and development of the subdivision.

Attachment A - Vicinity Map
City of Stockton Printed on 8/7/2025Page 3 of 3
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REV. DATE
CK. BY DRAWING NO.

CITY ENGINEER

APPROVED BY
SCALE
BYAPRVD.NO.

DWG. BY

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON DATE
Cannery Park, Unit 14
Vicinity Map

PROJECT
SITE
N

ATTACHMENT A
446
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE

SUBDIVISION AGREEMENT, ACCEPTING ON BEHALF OF THE PUBLIC ALL

OFFERS OF DEDICATION, AND AUTHORIZING RECORDATION OF THE FINAL MAP FOR CANNERY PARK, UNIT NO. 14 (VILLAGE I) - TRACT NO. 4213

Cannery Park, Unit No. 14 (Village I), Tract No. 4213 is located north of PFC Jesse Mizener and east of Holman Road; and

The project will subdivide an approximately 55.88-acre project site into 131 lots for the construction of single -family residential homes , 1 lot for a park, 1 lot for a storm drainage basin, 1 lot for future development, and street right-of-way dedication; and

The subdivider is CENTURY COMMUNITIES OF CALIFORNIA, LLC (Subdivider); and

The Subdivider has submitted the Cannery Park, Unit No. 14 (Village I), Tract No. 4213, Final Map for approval; and

Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met, which include preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision unit, dedicating right -of-way easements, and posting security bonds to guarantee the subdivision improvements; and

The subdivision agreement contains the Subdivider’s obligations for project site development; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Manager is hereby authorized to execute on behalf of the City o f Stockton a Subdivision Agreement outlining conditions for the approval of Cannery Park, Unit No. 14 (Village I), Tract No. 4213, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The certain Final Map, consisting of 8 sheets, entitled Cannery Park, Unit No. 14 (Village I), Tract No. 4213 filed with the City Clerk on ___________, is hereby approved as and for the Final Map of that certain subdivision known as Cannery Park, Unit No. 14 (Village I), Tract No. 4213, Stockton, California, a copy of which is attached as Exhibit 2 and incorporated by reference.

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3. The City Council hereby accepts on behalf of the public all offers of dedication for the purposes designated and authorizes the recordation of the map.

4. The approval and acceptance by the City on behalf of the public of Tract No. 4213, Subdivisions of San Joaquin County, Cannery Park, Unit No. 14 – Village I, is subject to the owner or owners constructing all public improvements required by the Community Development Department and the payment of all fees required under Chapter 16, Division 4 , of the Stockton Municipal Code, and subject to the owner or owners submitting to the City of Stockton the final map of the subdivision approved by the County Surveyor indicating conformance to the Subdivision Map Act of the State of California.

5. The City Clerk is hereby authorized and directed to sign and have recorded said subdivision map when same is submitted to the City , bearing said approval of the County Surveyor, and is approved by the City Engineer.

6. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED August 12, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton

ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton

448
After Recording Return To:

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

SUBDIVISION AGREEMENT
(FINAL MAP)
THIS SUBDIVISION AGREEMENT ("Agreement") is made and entered into as of ___________ by and between the CITY OF STOCKTON, hereafter referred to as "CITY," and CENTURY COMMUNITIES OF CALIFORNIA, LLC, A DELAWARE 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.14 (VILLAGE I) •• TRACT NO. 4213 (TM 8-04A&B and P21-0435Iwhich 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 (561 0C) dated 4/23/25, prepared by VVH Consulting Engineers, and consisting of Sheets 1 thro1:1gh 30 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 construct 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, 1 EXHIBIT 1
449
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 PERFbRMANCE
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 Subdivide�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 2 EXHIBIT 1
450
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 (18 Monuments) ................... $36,000.00 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 ...................................................................... $2,200.496.00 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 .................................... $2,200.496.00 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:
3 EXHIBIT 1
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A. Security given for faithful performance shall 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 lo 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 lime 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 harmless City of Stockton and its officers, officials, employees and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, slop 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. SUBDIVIDER 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. II 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 lo 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 4 EXHIBIT 1
452
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 oflhe State of California, and in addition to the other indemnity obligations in this Agreement, SUBDIVIDER shall indemnify, defend, and hold harmless City of Stockton and its officers, officials, 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.

Subdivider shall contractually require the selected contractor to carry the insurance required within Exhibit C.

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 lo 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 5 EXHIBIT 1
453
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 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 $44,010.00 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 =
Inspection Fee =
$98,680.32
$154,581.76
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 $600.25 ($155 + $3.25/lot), a map filing fee of $3,685.00 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $116.00 and
$242.00, 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 6 EXHIBIT 1
454
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.

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:

CENTURY COMMUNITIES OF CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY

COMPANY
6700 KOLL CENTER PARKWAY, SUITE 210
PLEASANTON CA 94566
Notices required to be given to surety of Subdivider shall be addressed as follows:

MARSH USA LLC
122517TH STREET, SUITE 1300
DENVER CO 80202
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. 7 EXHIBIT 1
455

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 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 ofcredit for 125% of the street tree fee based on $195 per tree.

Street Tree Security: 175 trees @ $195 ea. X 125% = $42,656.25

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:� signs@ $286.25 ea. = $3,721.25

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 its 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 this 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 Agreement and shall receive the immediate 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 successors or assigns of the parties.
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26. SPECIAL PROVISIONS
The subdivision of the property subject to the Map described herein shall be subject to the tentative map conditions in TMS-04 & P21-0435 as shown in Exhibit D (attached) shall apply to 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:

KA THERINE ROLAND, CMC, CPMC

CITY CLERK
By _______ ___ _
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

BY CITY ATTORNEY -----------
CITY OF STOCKTON:

STEVE COLANGELO

INTERIM CITY MANAGER
By __________ _

CENTURY COMMUNITIES OF CALIFORNIA,

LLC, A DELAWARE LIMITED LIABILITY

COMPANY
(PRINT NAME)
(SIGNATURE)
APPROVED BY CITY COUNCIL RESOLUTION NO.
0 N ______ , 20_.
---------------
9 EXHIBIT 1
457

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validit of that document.

State of California
County of Alameda
On June 3, 2025 before me, I.S. Huynh, Notary Public, personally appeared Dean K. Mills, who proved to me on the basis of satisfactory evidence to be the person(st whose name(s) is/ai:e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityffes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
········,
I. S. HUYNH
Notary Public •
Californi:

Alameda County f
Commission # 236221 O -
y Comm. Expires Jun 22, 2025
WITNESS my hand and official seal.

EXHIBIT 1
458

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not' the truthfulness, accuracy, or
validitv of that document.

State of California
County of ____________ __,
On ___________ before me, _________________ _
(insert name and title of the officer)
personally appeared __________________________ �
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________ _ (Seal)
(NOTARY FOR CITY MANAGER)
11 EXHIBIT 1
459

EXHIBIT A
CANNERY PARK UNIT NO. 14, VILLAGE I

LEGAL DESCRIPTION
Being a portion of Parcels l, 2 and 3 as shown on that certain map, filed in Book 24 of Parcel Maps, Page l 05, San Joaquin County Records, lying in Section l, Township 2 North, Range 6 East, Mount Diablo Meridian, City of Stockton, County of San Joaquin, State of California, more particularly described as follows:

COMMENCING at the Southeast corner of said Parcel 3; thence, along the Northerly line of PFC Jesse Mizener Street South 87° l l '52" West 31.7 4 feel to THE POINT OF BEGINNING: thence, continue South 87°1 l '52" West 14.88 feet; thence, along said Northerly line South 43°35'56" West 9 .67 feet; thence, leaving last said line South 81 °00'35" West 37.70 feet to a tangent curve concave to the North, having a radius of 90.00 feet; thence, along said curve through a central angle of
8°59'25" an arc distance of 14.12 feet, and a chord course of South 85°30' 18" West

14.11 feet to the Northerly line of said PFC Jesse Mizener Street; thence, along last said Northerly line West 649.96 feet; thence, leaving last said line North 9.00 feet; thence, West 22.34 feet; thence, South 9 .00 feet to said Northerly line; thence, along said Northerly line West 852.52 feel to a non-tangent curve concave to the Northwest having a radius of 137.00 feet, at which a radial line bears South 9°48'08" East; thence, Northeasterly along said curve through a central angle of 5°03'34" an arc distance of 12.10 feet, and a chord course of North 77°40'05" East 12.09 feel lo a compound curve concave to the Northwest having a radius of 20.00 feet, al which a radial line bears South 14°51 '42" East; thence, along said curve through a central angle of 60°03' 13" an arc distance of 20.96 feet, and a chord course of North 45°06' 42" East 20.02 feet, lo a compound curve concave to the West having a radius of 140.00 feet, at which a radial line bears South 74°54'55" East; thence, along said curve through a central angle of 15°05'05" an arc distance of 36.86 feet, and a chord course of North 7°32'33" East 36.75 feet; thence, North 36.86 feet; thence, North 3°28'06" East 66.12 feet; thence, North 190.00 feet; thence, North 45°00'00" West 14.14 feet; thence, West 178.09 feet to a tangent curve concave lo the South having a radius of 90.00 feet; thence, along said curve through a central angle of 9°13'09" an arc distance of 14.48 feet, and a chord course of South 85°23'25" West 14.47 feet; thence, South 80°46' 51" West 50.00 feet to beginning of a tangent curve concave lo the North having a radius of 64.00 feet; thence, along said curve through a central angle of 9°13 '09" an arc distance of 10.30 feet, and chord course of South 85°23'25" West l 0.29 feet; thence West 154.00 feet lo the Westerly line of said Parcel 2; thence, along the Westerly line of said Parcel 2, North 37 6.37 feet; thence, leaving last said line East 154.00 feet to a tangent curve concave to the South having a radius of 64.00 feet; thence, along said curve through a central angle of 9°13'09" an arc distance of 10.30 feet, and a chord course of South 85°23'25"East 10.29 feet; thence, South 80°46'51" East

43.02 feet to beginning of a tangent curve concave to the North having a radius of 90.00 feet; thence, along said curve through a central angle of 12°37'29" an arc distance of 19.83 feet, and a chord course of South 87°05'35" East 19.79 feet, to a compound curve concave to the Northwest having a radius of 723.00 feel,

EXHIBIT 1
460
at which a radial line bears South 3°24' 19" East; thence, along said curve through a central angle of 29°52' 57" an arc distance of 377 .08 feet, and a chord course of North 71 °39' 12" East 372.82 feet; thence, South 33° 17' 1 6" East 54.00 feet; thence, South 23°52'50" East 147 .51 feet to a tangent curve concave to the West having a radius of 377.00 feet; thence, along said curve through a central angle of 23°52'50", an arc distance of 157.13 feet, and a chord course of South 11 °56'25" East 156.00 feet; thence, South 88.36 feet; thence, East 90.00 feet; thence, North 45°00'00" East

14.14 feet; thence, East 54.00 feet; thence, South 45°00'00" East 14.14 feet; thence, East 180.00 feet; thence, North 45°00'00" East 14. 14 feet; thence, East 54.00 feet; thence, South 45°00'00" East 14. 14 feet; thence East 90.00 feet; thence, North 224.00 feet; thence, East 154.00 feet; thence, South 45°00'00" East 14. 14 feet; thence, East 181.06 feet; thence, North 45°00'00" East 14. 14 feet; thence, East 54.00 feet; thence, South 45°00'00" East 14. 14 feet; thence, East 180.00 feet; thence, North 45°00'00" East 14.14 feet; thence, North 9 .24 feet; thence, East 160. 91 feet to the Easterly line of said Parcel 3; thence, along the Easterly line of said Parcel 3 South 02°48'08" East 603.56 feet; thence, leaving last said line South 49°56'05" West

39.88 feet to THE POINT OF BEGINNING.

Containing 24.69 acres, more or less.

Subject to covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record, if any.
-�L/)vvo
Kaiser Shahba�
1/23/2025
Date

EXHIBIT 1
461

EXHIBIT A

SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE .............................................................. $3,721.25 PLAN CHECK FEE ....... ....... ....................................................... $98,680.32 INSPECTION FEE ......... ............................................................ $154,581.76 MATERIAL TESTING FEE ..... ....................................................... $15,377.45 FILING FEE .... ..... ....... ... ..... ......................................................... $3,685.00 TECH FEE ...... ... ... ... ... ...... ... ..................................................... $11,870.01 CRS FEE ... ...... ........ ....... ..... ....................................................... $9,496.01 CASH DEPOSIT ............................................................................ $44,010.00 COMPUTER MAPPING FEE ... ...... ................................................... $600.25 MUD IMAGING FEE ... ...... ..... ..... ..................................................... $552.00 ASSESSMENT DISTRICT SEGREGATION ........................................... $0.00 TOTAL ....... $342,574.05
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (6 Sheets) ....................................................................... $116.00 AGREEMENT (52 Sheets) ...................................................... $242.00 TOTAL ............. $355.00
BONDS
MONUMENT BOND ........................................................... $36,000.00 PERFORMANCE BOND ............................................... $2,200,496.00 LABOR AND MATERIAL BOND ................................... $2,220,496.00 STREET TREE BOND .... ................................................... $42,656.25 TOTAL .... $4,479,648.25
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SUMMARY OF FEES AND BONDS /CONT.)

PROPORTIONATE SHARES

GRADE SEPARATION AT UPRR (SPRR) AND
EIGHT MILE ROAD ............................................................................................ PFF EIGHT MILE ROAD/HAM LANE ..................................................................... $4,264.89 EIGHT MILE ROAD/LEACH ROAD ................................................................ $4,264.89 EIGHT MILE ROAD/HWY 99 WEST
FRONTAGE ROAD .................................... ..................................................... $8,821.90 EIGHT MILE ROAD/HWY 99 EAST
FRONTAGE ROAD ............................................................................................ $850.32 EIGHT MILE ROAD/HWY 99 EAST FRONTAGE
ROAD AT NORTHBOUND RAMP .................................................................. $2,152.28 MORADA LANE/HWY 99 WEST FRONTAGE
ROAD .............................................................................................................. $2,614.44 MORADA LANE/HWY 99 EAST FRONTAGE
ROAD .................................................... .......................................................... $3,411.69 PARK AND RIDE FACILITIES (686-0000-237.67-38) .................................. $49,125.00 STREET MICROSURFACING (686-0000-237.67-40) .................................. $85,543.00 TOTAL $161,048.41
15 EXHIBIT 1
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Exhibit B:

Insurance Requirements
(Subdividers)
Contractor shall procure and maintain for the duration of the contract 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 and the results of that work by the Contractor, his 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 Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety Requirement: as described below.

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 the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum
limits of insurance and coverage shall be
available to the City of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
16 EXHIBIT 1
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Additional Insured Status
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. 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 if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 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.

Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary and non-contributory and 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 maintained 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. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor's insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this 17 EXHIBIT 1
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provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies {Professional & Pollution only)
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the 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 the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
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Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor'? obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 special circumstances.

Surety Requirement
Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

3. Cash Deposit
The Payment Bond and the Performance Bond shall be in a sum based on the engineer's cost estimate. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Cash deposit of one (1) percent of the construction cost or a minimum of $5,000.00, whichever is greater.

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 special circumstances.

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3 rd Floor - HR
Stockton, CA 95202
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Exhibit C:

Insurance Requirements
(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, his agents, representative s, 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 "occurrence" 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 aggregate 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.

4. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

6. Surety Bonds as described below.

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 the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification. '
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 borrowed 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, CG 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 used).

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 primary and non-contributory 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 maintained 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. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor's insurance coverage to the sole negligence of the Named Insured. 21 EXHIBIT 1
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3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Claims Made Policies (Professional & Pollution only)
If any 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 cancelled or non-renewed, and not replaced 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 lead-based paint or asbestos identification/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 contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess liability policies are exhausted.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current AM. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
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Waiver of Subrogation
Contractor 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' Compensat ion policy 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.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all 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.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
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The Payment Bond and the Performance Bond shall be in a sum equal to 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 executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor - HR
Stockton, CA 95202
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EXHIBIT D - Cannery Park Project Amended Conditions
General Conditions
The owners, and developers and/or successors-in-interest (the 'ODS') who subdivide property with the Cannery Park Subdivision shall comply with the following general conditions. These general conditions may be more specifically detailed in the development scenarios presented herein. These Conditions of Approval (COAs) were updated as part of the Cannery Park Project Amendments (P21-0435).

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 Guidelines, the project shall be subject to all applicable mitigation measures identified in the City-adopted "Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Cannery Park Mixed Use Project." (#2), (SPA#2)

3. Lot 5 and Lot 6 of Cannery Park Unit No. 1 Final Map shall be annexed to the Cannery Park Residential Property Protective Restrictions recorded on May 17, 2017, Document No 2017-055715, San Joaquin County (CC&Rs). The City is declared as a third party beneficiary in Section 9.01 .A of the CC&R's.

4. Based on the effective 200-Year Floodplain Analysis Map, and the Technical Memorandum prepared by VVH Consulting Engineers dated January 23, 2024, portions of the project site have areas of potential flooding in excess of three (3) feet from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas. The finished floors of future structures shall be elevated to within three (3) feet of the 200-year base flood elevation providing an urban level of flood protection in accordance with SMC

16.90.020(A)2. All future construction will adhere to the City's established Criteria for Development in 200-Year Floodplains, for the issuance of building permits for new residential units in master planned communities.

5. Comply with all applicable Federal, State, County, and City Codes, regulations and adopted standards and pay all applicable fees.

6. The property owners, developers, and/or successors-in-interest (ODS) shall be responsible for the City's legal and administrative costs associated with defending any legal challenge of the approval for this project or its related environmental document.

7. To minimize any adverse financial impact on the City of Stockton associated development and/or use of the subject site, the ODS agrees that it will not challenge, or protest and applicable fees associated with the development of the site, but if such fees are amended or modified, the ODS agree to pay such fees as they may be amended or modified from time to time.

Traffic & Circulation (Analysis, Phasing and Dedication) 25 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions

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

9. The ODS shall conduct a project phasing analysis to determine the timing and level of project development that can occur before degrading the operational level of service at the Eight Mile Road/State Highway Route 99 interchange 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)

10. The ODS shall be responsi.ble for 100 percent of the design and construction costs of on-site roadway and intersection improvements and roadway extensions and public utilities identified on the Tentative Map and/or included in the project EIR, project description or as mitigation 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)
Eight Mile Road Specific Plan

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

12. Appropriately sized utilities and 3-phase electrical service shall be provided for all City owned or operated facilities. (#29)
Oak Tree Avoidance/mitigation

13. 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
Community Development Department Director t to minimize or eliminate Oak tree removals. If removal of an Oak tree cannot be avoided, the owners, developers, and/or successors-in-interest shall be responsible for replacement of Oak trees on site, as approved by the Community Development Department Director or designated representative. If on-site planting is not possible, the owners, developers, and/or successors-in-interest shall pay the Community Development Department the estimated cost (as determined by the Community Development Department Director or designated representative for the City to have the replacement Oak trees planted
by private contract on a site deemed appropriate by the Community Development Department Director of designated representative in accordance with the mitigation measures identified in the Final Environmental Impact Report (EIR1-03), as amended, and in the related CEQA Findings, Statement of Overriding Consideratio
ns, and Mitigation Monitoring/Reporting Program for the Cannery Park Mixed Use Project. (#46)
Improvement/Development Plan
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EXHIBIT D - Cannery Park Project Amended Conditions
In order to provide an appropriate and reliable Improvement/Development 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 in Exhibit B (Master Subdivision Agreement Cannery Park) to the Subdivision Agreement for the Cannery Park Unit No. 1 Final Map, Tract No. 3465.

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:

Morada Lane/Hwy 99 Interchange Frontage Roads
A 1. Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.

A2. 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)
a. NB - one through/left-turn shared lane, and one right-turn lane b. SB - one through/left-turn shared lane, and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one through, one left-turn lane, and one right-turn lane A3. Design and install a traffic 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)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane, one through lane and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 11 constructs the interim improvements identified in A21 and A22, the payment of a proportionate share of the cost of those improvements as defined in A 18 above is not required.

Morada Lane Interchange Frontage Roads
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EXHIBIT D - Cannery Park Project Amended Conditions
A4. 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)
a. NB - one through/left-turn shared lane, and one right-turn lane b. SB - one through/left-turn shared lane, and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one through, one left-turn lane, and one right-turn lane A5. Design and install a traffic 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)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane, one through lane and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 14 constructs the interim improvements identified in A39 and A40, the payment of a proportionate share of the cost of 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 1 O:

General Conditions
Bikeway, Pedestrian Pathway & Crossings
B1. All crossings of Holman Road proposed for bikeway/pedestrian purposes (i.e., "Parkway" and Bear Creek) shall be grade separated or occur at pedestrian actuated (midblock) signals. (#22)
B2. 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 subject to approval by the, the City Police Department and the City Public Works Department. (#34) B3. The owner/subdivider of Lot 10 shall provide appropriate security, design and install a bikeway/pedestrian walkway along the south side of the Bear Creek drainage corridor. The bikeway/pedestrian walkway shall consist of an asphalt or concrete bike path as proposed in the project environmental 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 access, landscaping, fencing, security (including hours of operation), and maintenance (including litter removal). A consolidated maintenance district will be 28 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
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 Public Works Director. (#40), (#48)
B4. Prior to the recording a Final Subdivision Map within Plan Area B, design and submit to the Union Pacific Railroad (UPRR) the plans necessary 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
B5. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
B6. The Final Map for Lot 9 and Lot 10 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note:

This condition is not required if the easement is already included as a component of another recorded map. (#18)
B7. Provide an accessible 10-foot wide maintenance/access easement 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 constructed on the, western side of Lot 10. (#33) Disclosure/Notification
B8. 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 contaminant) 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
B9. 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 State permitting agencies for the Holman Road Bridge crossing at Bear Creek and extension of Holman Road to Eight Mile Rqad. 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 Area 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 extension 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 crossing at Bear Creek, no final subdivision map(s) shall be recorded within Lot 9 until the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek.

Include median lighting. (#11)
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EXHIBIT D - Cannery Park Project Amended Conditions
B10. Concurrent with the construction of the extension of Holman Road to Eight Mile Road, install barricades per City of Stockton standards at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive.

B11 . Install bus turnouts at the intersection of Holman Road and Pfc Jessie Mizener Street and Holman Road and Eight Mile Road as depicted on the tentative map. (#17) B12. The owner/subdivider of Lot 8 and Lot 9 shall construct a masonry sound 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)
B13. 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)
B14. Access to Holman Road shall be restricted except at public street intersections. (#7) B15. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the.

Public Works Director. (#40)
Lt. Col. Mark Taylor Street
B16. 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 face) from the western most curb flare at the intersection of Lt. Col. Mark Taylor Street and Street 'P' to the western boundary of Cannery Park TM8-04A&B at a time determined to be appropriate by the Public Works Director.

B 17. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
B18. 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 property boundary. The height of the soundwalls shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B19. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Public Works Director. (#40)
Pfc. Jessie Mizener Street
B20. 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 30 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
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 map within Plan Area B (i.e., Lot 7, Lot 8, Lot 9 or Lot 10) shall include the construction of Pfc Jessie Mizener Street pursuant to the dimensions and segment length described in 826 below. 821. Construct the road to the full seventy-eight (78) foot width (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 Holman Road and Pfc Jessie Mizener Street to the State Route Hwy 99 Frontage Road.
822. Install a barricade per City of Stockton standards at the intersection of Pfc Jessie Mizener Street and Collector A.
823. Access fo Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
824. The owner/subdivider of Lot 9 shall construct a masonry sound wall along the north side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward across the southern property boundary 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)
825. The owner/subdivider of Lot 8 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern 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)
826. The owner/subdivider of Lot 7 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern boundary of the Woodbridge Irrigation District canal easement (Lot GG) eastward along the northern boundary of the property intersecting with the western boundary of Lot 5; 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)
827. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Public Works Director. (#40)
Minor roads and Collectors
828. 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)
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Off-site Improvements
Eight Mile Road
EXHIBIT D - Cannery Park Project Amended Conditions
B29. Prior to recording a final subdivision map within Plan Area B, 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 lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de­ acceleration lanes, as appropriate. The improvements described in this Section B31 shall be constructed concurrent with the construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road in conformance with Section B 10 above. (#10), (#13)
Other Intersections/Roadways
B30. 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 following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/I-lwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

B31. The proportionate share for roadway 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) B32. 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 following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and 32 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

B33. The proportionate share for roadway 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) 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 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 1.73%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

B35. The proportionate share for roadway 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 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 Loi 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 at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

B37. The proportionate share for roadway 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 roadway improvements at the West Lane/Arterial A intersection. (#16)
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Other Facilities
B38. 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 total 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:
a. Bear Creek pedestrian/bicycle trail; and
b. Temporary Park & Ride Lot to be located on lot 17.

B39. 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 total 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:
a. Bear Creek pedestrian/bicycle trail; and
b. Temporary Park & Ride Lot to be located on lot 17.

B40. 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 total gross acreage associated with Lot 9 on TMB-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:
a. Bear Creek pedestrian/bicycle trail; and
b. Temporary Park & Ride Lot to be located on lot 17.

B41. 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 total gross acreage associated with Lot 10 on TM8-04A&B (i.e., 74.97 acres), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 37.9%) of the costs associated with the following improvements:
a. 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
B42. Construct Holman Road to the 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 Woodbridge Irrigation canal easement. Include median lighting. (#11)
B43. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and LI. Col. Mark Taylor Street/Hendrix Drive. 34 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
B44. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) B45. Access to Holman Road shall be restricted except at public street intersections. (#7) Lt. Col. Mark Taylor Street
B46. Construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Taylor Street and Street 'P'. Include median lighting.

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.

B47. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane B48. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane B49. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. N8 - one left-turn lane and one through/right-turn shared lane b. SB - one right-lane and one through lane
c. EB - one left-turn lane and one right-turn lane
d. WB - Not applicable
If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements
identified in B50, B51 and B52, the payment of a proportionate share of 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. 35 EXHIBIT 1
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Note: If development occurs in Improvement Plan Area 'B' prior to occurring in Improvement Plan Area 'A', the following off-site improvements shall occur:

Morada Lane 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 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)
a. NB - one through/left-turn shared lane, and one right-turn lane b. SB - one through/left-turn shared lane, and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one through, one left-turn lane, and one right-turn lane 851. Design and install a traffic 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)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane, one through lane and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. 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 853 and B54, the payment of a proportionate share of the cost of those improvements as defined in 832, B34, 836 and B38 above is not required
of the owner/subdivider who constructed said improvements.

PLAN AREA 'C'
Plan Area 'C' encompasses approximately 73.52± acres of light industrial/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
Easements
C1. The owner/subdivider of Lot 2 shall comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25) C2. The Final Map for Lot 1 and Lot 2 shall include a ten ( 10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note:

This condition is not required if the easement is already included as a component of another recorded map. (#18)
C3. Provide non-exclusive access easements within the industrial and commercial areas as necessary to provide all required lot accesses. (#24) 36 EXHIBIT 1
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Transportation System Management
C4. 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 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall 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 'C':

On-site/In-tract Improvements
Signature Drive
CS. 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) from Eight Mile Road southward as depicted on TM8-04A&B.

Cannery Circle
C6. The owner/subdivider of Lot 2 shall 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 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
C7. Design and construct a traffic signal at the future intersection of Eight Mile Road/Golfview Road/Signature Drive and stripe to provide the following lane configuration (#10), (#13), (#16)
a. NB - one left-turn lane and 1through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and two through lanes
d. WB - one through lane and one through/right-turn shared lane Other Roadways/Intersections
CB. 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 proportionate share (i.e., 8.33%) of the total cost of roadway improvements at the following intersections (#13), (#16):
37 EXHIBIT 1
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a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
EXHIBIT D - Cannery Park Project Amended Conditions
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

C9. The proportionate share for roadway 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 proportionate share (i.e., 8.33%) of the two-percent (2%) share of the cost of roadway improvements at the West lane/Arterial A intersection. (#16) C10. 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 proportionate share (i.e., 12.00%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

C11. The proportionate share for roadway 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 proportionate 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- tract improvements shall occur:

Holman Road
C12. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) C13. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on TM8-04A&B. (#17)
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C14. Access to Holman Road shall be restricted except at public street intersections. (#7) Traffic Signals/Intersection Improvements
C15. 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
C16. Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)
C 17. Install frontage improvements from the western boundary of TM8-04A&B ea:;,tward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5)
C 18. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12) C19. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
C20. 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/right-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 designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3)
C21. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de­ acceleration lanes, as appropriate. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
C22. Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation. 39 EXHIBIT 1
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C23. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. 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 appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. 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 intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one right-lane and one through lane
c. EB - one left-turn lane and one right-turn lane
d. WB - Not applicable
If the owner/subdivider of Lot 1 or Lot 2 constructs the interim improvements identified in C23, C24 and C25, the payment of a proportionate share of the cost of those improvements as defined in C9 and C11 above is not required of the owner/subdivider who constructed said improvements.

PLAN AREA 'D'
Improvement Plan Area 'D' encompasses approximately 32.09± acres of business park/commercial uses consisting of Lot 4. Improvement Plan Area 'D' encompasses approximately 18.74 ± acres of business park/commercial uses and 12.34± acres of high density residential on Lot 4 of Cannery Park Unit No. 1 Final Map. The following conditions are associated with development within Improvement Plan Area 'D', Lot 4 (Parcels GC Lot 1 through CG Lot 15 and RH Lot 1) These conditions are based on Tentative Map approval of the Cannery Park Amendments (P21-0435):

General Conditions
D1. Prior to the approval of any Final Map, General Plan amendment, Rezoning and Development Agreement shall be approved by the City Council.

D2. Prior to the approval of any Building Permit for new structures, future residential development is subject to obtaining a Design Review approval per SMC Section

16.120.020(A)(1)(a).
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D3. The ODS shall install full frontage improvements on Eight Mile Road, within the limits of the site, including, but not limited to, sidewalks, street lighting, and driveway installation. Said improvements shall be installed prior to occupancy of any buildings/structures on this site or prior to initiation of residential use. Further, all off­ site improvements shall conform to City of Stockton Standard Plans and Specifications.

D4. The property Owners, Developers, and/or Successors in Interest must provide a single master water meter for each of the high-density residential developments. The master meter will be located near the entrance of the high-density development.

D5. The future design of the commercial and high-density residential sites shall comply with the City's Development Code and Design Guidelines. To ensure high-quality design and enhanced pedestrian/motor design, the following Design Guideline measures shall be applied to future Site Plan and Design Review submittals for any commercial and residential application:
• (3.03.070) Parking courts should be well designed, with consideration given to landscaping, lighting, building massing, and pedestrian/vehicular circulation.
• (3.03.070) Convenient pedestrian connections should be provided to adjoining residential developments, commercial projects, and other compatible land uses.
• (3.03.070) Pedestrian access to adjacent existing or planned open space areas and corridors should be provided for the development's residents. • (3.03.070) Cross circulation between vehicies and pedestrians should be minimized. A continuous, clearly marked walkway should be provided from the parking areas to main entrances of buildings.
• (4.01.030) Provide safe, convenient, and efficient vehicular assessment, circulation, parking, loading, and maneuvering. Encourage pedestrian activity by providing convenient access and safe pedestrian routes. • (4.01 .040) Ensuring that new development considers its relationship to and interface with surrounding existing development, especially residential uses.

Easements Conditions
D6. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
D7. The Final Map for Lot 4 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
Public Works/Engineering
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DB. The owner/subdivider 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 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21) How many park and ride spaces will be required?
D9. The ODS shall design and submit offsite improvement plans to the Community Development Department - Engineering Section for approval. Improvement Plans shall include but not be limited to traffic signal modifications, installation of roundabouts, traffic calming devices, curb, gutter, sidewalk, driveway access, wheelchair ramps, streetlight standards, and public utilities. A Neighborhood Traffic Management Plan shall be submitted with the improvement plans. Offsite improvements shall be constructed per City Standards prior to the issuance of any building permits.

D10. The ODS shall construct the private street per City standards.

D11. The ODS shall make necessary right-of-way dedications along the frontage of the project site to ensure all public improvements, including but not limited to sidewalks, wheelchair ramps, signals, and the like, are appropriated the needed public right of way.

D12. All off-site improvements proposed with the project shall require the preparation and submission of improvement plans to include but not limited to the installation of curb, gutter, sidewalk, street lighting, paving, and landscaping. The ODS shall provide proof of reclamation district approval for all improvement on, or adjacent to, the existing levees. Proof must be submitted prior to Site Improvement Plans.

D13. All improvements adjacent to Bear Creek are subject to the agency having jurisdiction of this waterway along with any dedication requirements that are required for this development.

D14. All off-site improvements proposed with the project shall require the preparation and submission of Improvement Plans and shall be subject to review and approval of the Director.

Municipal Utilities Department
D15. The property Owners, Developers, and/or Successors in Interest must provide a single master water meter for each of the high-density residential developments. The master meter will be located near the entrance of the high-density development.

D16. The property Owners, Developers, and/or Successors in Interest shall comply with any and all requirements, and pay all associated fees, as required by the City's 42 EXHIBIT 1
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Storm Water Pollution Prevention Program as set forth in its NPDES Storm Water Permit.

D17. The ODS shall connect the Cannery Park (North) project to a 24-inch water main in Eight Mile Road that runs from West Lane to STATE ROUTE 99 and is connected to the 24-inch water main in West Lane from Bear Creek to Eight Mile Road and also connected to a 24-inch water main in N. STATE ROUTE 99 W. Frontage Road from Eight Mile Road to PFC Jesse Mizener Street; all of which is identified in the 2022 City Water Master Plan and will provide sufficient water supply and pressure to the project site. If the 24-inch water main is not available for the project to make said connection, then the ODS shall provide a water model identifying the improvements, if any, that are required to provide sufficient water supply and pressure to the project site and upon approval of the water model by the Director of Municipal Utilities, prepare improvement plans to be approved by the Director, and construct any required improvements. This includes any offsite approval that requires subsequent permits and environmental review. The ODS shall construct 8' masonry walls to enclose the perimeter of the City pump and controls in the new sewer pump station.

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

On-site/in-tract Improvements
0 Street Tri-Valley Drive is referenced as O Street on TM P21-0435 so all references to O Street should be changed to O Street so it correlates with TM D18. Dedicate the right-of-way and construct the road to the full width from curb face to curb face from Holman Road eastward to and including the cul-de-sac. Right of way dedication shall be for the purpose of constructing full roadway width suitable for the adjacent land use.

P Street Collector A is referenced as P Street on TM P21-0435 so all references to Collector A should be changed to P Street so it c;orrelates with the TM D19. Dedicate the right-of-way and construct the road to the full width from curb face to curb face from Eight Mile Road southward to and including the cul-de-sac. Right of way dedication shall be for the purpose of constructing full roadway width suitable for the adjacent land use
Access to P Street shall be restricted within 300 feet from the intersection with Eight Mile Road.

D20. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)
D21. A full access intersection shall be allowed at Eight Mile Road and P Street, located 1,000 feet west of the west frontage road and a traffic signal shall be installed to use the access. (SPA#4)
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Traffic Signals/Intersection Improvements
D22. Design and install a traffic signal at the intersection of Eight Mile Road and P Street.

Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Off-site Improvements
Other Roadways/Intersections
D23. 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 proportionate share (i.e., 12.13%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

D24. The proportionate share for roadway 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 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate 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- tract improvements shall occur:

Holman Road
D25. Construct Holman Road to the full width from curb face to curb face from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) D26. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
D27. Access to Holman Road shall be restricted except at public street intersections. (#7) Traffic Signals/Intersection Improvements
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D28. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/O Street. 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
D29. Comply with all conditions of Specific Plan Amendment SPA 1-03 and install all improvements required by said amendment. (#6) An update to the Precise Plan is ongoing where lanes and right-of-way will be reduced in conformance with the General Plan.

D30. Install frontage improvements from Holman Road eastward to the eastern boundary of TM P21-0435 including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) Full width shall comply with the updated Precise Road Plan D31. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12) D32. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
D33. 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/right-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 designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA#3)
D34. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de­ acceleration lanes, 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.

D35. D26. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations. (#10), (#13), (#16)
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a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane D36. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following
lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane D37. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one right-lane and one through lane
c. EB - one left-turn lane and one right-turn lane
d. WB - Not applicable
If the owner/subdivider of Lot 4 constructs the interim improvements identified in D48, D49, and DS0, the payment of a proportionate share of the cost of those improvements as defined in D36 above is not required.

PLAN AREA 'E'
Plan Area 'E' encompasses approximately 67.74± acres consisting of the Lot 5 and Lot 6. The following conditions are associated with development within Improvement Plan Area 'E', Lot 5 (Lots 1-267, Lot A Park/Open Space, and Lot B Basin) and Lot 6 (Lots 268-331) These conditions are based on Tentative Map approval of the Cannery Park Amendments (P21-0435):

General Conditions
E 1. Prior to the approval of any Final Map, General Plan amendment, Rezoning and Development Agreement shall be approved by the City Council.

E2. Prior to the approval of any building permit for the construction of new homes, future residential development is subject to obtaining a Design Review approval per SMC Section 16.120.020(A)(1)(a).

E3. Lots 181 and 43 will be required to have an 8' tall masonry wall between Lot A and the residential lots. The wall shall be constructed on private property.

E4. In lieu of a Bike Path along the top of the south bank of Bear Creek fronting the project site, a bike path shall be included in the design of the Park/Open Space on 46 EXHIBIT 1
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Lot A and shall be constructed as per the Second Amended Development Agreement.

E5. ODS shall design and submit offsite improvement plans to the Community Development Department - Engineering Section for approval. Improvement Plans shall include but not be limited to traffic signal modifications, installation of roundabouts, traffic calming devices, curb, gutter, sidewalk, driveway access, wheelchair ramps, streetlight standards, and public utilities. A Neighborhood Traffic Management Plan shall be submitted with the improvement plans. Offsite improvements shall be constructed per City Standards prior to the issuance of any building permits.

E6. The ODS shall restrict the lots represented as Lots 291-296 in Village H to single story homes.

Neighborhood Park Conditions
NOTE: The following conditions specify the park obligations outlined in the Cannery Park Project Development Agreement.

E7. The ODS shall provide a turn-key developed park/open space (Lot A) to the City at no cost to the City, designed, improved, and maintained to the satisfaction of the City via a DD A. Such developed Lot A and other adjacent easements shall be maintained through the City's CLMAD or other entity acceptable to the City.

EB. The ODS shall maintain Lot A including all adjacent undeveloped easements and bike/pedestrian paths to the satisfaction of the City until the City has finally accepted the developed park/open space as completed publicly usable facilities.

I
Fire Department
E9. Fire hydrant locations, installation, and design shall be per COS Standards.

E10. Residential street design shall be per COS Standards.

E11. All single-family homes shall have automatic fire sprinklers designed and installed per NFPA 13-D Standards.

E12. A minimum of 1-inch water meters shall be installed at each single-family home to accommodate the domestic water and fire sprinkler demands.

E13. Deferred submitlals are required for the fire sprinkler plans (per model type).

Public Works/Engineering
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E14. The ODS shall make necessary right-of-way dedications along the frontage of the project site to ensure all public improvements, including but not limited to sidewalks, wheelchair ramps, and the like, are within the public right of way.

E15. The ODS shall design and submit offsite improvement plans to the Community Development Department - Engineering Section for approval. Improvement Plans shall include but not be limited to traffic signal modifications, installation of roundabouts, traffic calming devices, curb, gutter, sidewalk, driveway access, wheelchair ramps, streetlight standards, and public utilities. A Neighborhood Traffic Management Plan shall be submitted with the improvement plans. Offsite improvements shall be constructed per City Standards prior to the issuance of any building permits.

E16. The ODS shall install full frontage improvements on PFC Jesse Mizener Street, within the limits of the site, including, but not limited to, sidewalks, street lighting, and driveway installation. Said improvements shall be installed prior to occupancy of any buildings/structures on this site or prior to initiation of residential use. Further, all off­ site improvements shall conform to City of Stockton Standard Plans and Specifications.

E17. Per the Stockton Municipal Code Section 16.72, development on the site shall require site frontage improvements, including, but not limited to, the installation of curb, gutter, sidewalk, street lighting, paving, and landscaping.

E18. The property owners, developers, and/or successors-in-interest shall submit subdivision master plans, or indicate compliance of existing master plans, for water, storm, and sanitary sewer service. These plans shall show all on-site and off-site utilities necessary to provide water, storm, and sanitary sewer utility service. These plans shall be approved by the Deputy Municipal Utilities District Director of Engineering & Department Services prior to the submittal of any improvement plans.

E19. The ODS shall be responsible (at no cost to the City) for all the improvements to the open space areas (greenbelt, related landscape improvements, and connecting lots (incl. lighting) all to the satisfaction of the City representative. This includes completion of the Class 1 bike pathway along Bear Creek. Proof must be submitted prior to Site Improvement Plans.

E20. All off-site improvements proposed with the project shall require the preparation and submission of improvement plans to include but not limited to the installation of curb, gutter, sidewalk, street lighting, paving, and landscaping. The ODS shall provide proof of reclamation district approval for all improvement on, or adjacent to, the existing levees. Proof must be submitted prior to Site Improvement Plans.

E21. All improvements adjacent to Bear Creek are subject to the agency having jurisdiction of this waterway along with any dedication requirements that are required for this development.
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E22. All off-site improvements proposed with the project shall require the preparation and submission of Improvement Plans and shall be subject to the review and approval of the Director.

Municipal Utilities Department
E23. The property Owners, Developers, and/or Successors in Interest shall comply with any and all requirements, and pay all associated fees, as required by the City's Storm Water Pollution Prevention Program as set forth in its NPDES Storm Water Permit.

E24. The ODS shall provide a water model identifying the improvements, if any, that are required to provide sufficient water supply and pressure to the project site and upon approval of the water model by the Director of Municipal Utilities, prepare improvement plans to be approved by the Director, and construct any required improvements. This includes any offsite approval that requires subsequent permits and environmental review. The ODS shall connect the Cannery Park (North) project to a 24-inch water main in Eight Mile Road that runs from West Lane to STATE ROUTE 99 and is connected to the 24-inch water main in West Lane from Bear Creek to Eight Mile Road and also conn13cted to a 24-inch water main in N. STATE ROUTE 99 W. Frontage Road from Eight Mile Road to PFC Jesse Mizener Street; all of which is identified in the 2022 City Water Master Plan and will provide sufficient water supply and pressure to the project site. If the 24-inch water main is not available for the project to make said connection, then the ODS shall provide a water model identifying the improvements, if any, that are required to provide sufficient water supply and pressure to the project site and upon approval of the water model by the Director of Municipal Utilities, prepare improvement plans to be approved by the Director, and construct any required improvements. This includes any offsite approval that requires subsequent permits and environmental review.

E25. The ODS shall provide a 16-foot wide all-weather access road around the detention basin and to the storm pump station.

E26. The ODS shall provide appropriately-sized utilities, including natural gas and three­ phase electrical power to the storm pump station. The ODS shall provide an 8-inch waterline connection in Lot 306 and Lot A Park/Open Space that loops the water system between the internal subdivision to the external streets. A 10-foot-wide City water easement shall be dedicated on Lot 306.

E27. The ODS shall construct all sound walls consistent with the noise analysis and original mitigation measures included in the Project EIR ..

E28. The ODS shall construct minimum 8' tall masonry walls to enclose the perimeter of the City pumps and controls in the storm pump station.
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E29. The ODS shall construct minimum 6' tall ornamental iron fence, a 6' tall masonry block wall, or a combination of each as well as associated maintenance vehicle access gates along the perimeter of Lot B Basin.

E30. The ODS shall construct a minimum 8' tall masonry wall between Lot 187 and Lot B Basin. Such wall shall be on private property (Lot 187).

E31. The ODS shall provide an 8-inch water line connection in Lot 306 and Lot A Park/Open Space that loops the water system between the internal subdivision to the external streets. A 10-foot-wide City water easement shall be dedicated on Lot 306.

Easements
E32. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
E33. The Final Map for Lot 5 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all 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
E34. The owner/subdivider 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, or 4 as shown on Cannery Park Unit No. 1 Final Map Of-a, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21) Lot 5 is SFR
E35. The ODS shall design and submit offsite improvement plans to the Community Development Department - Engineering Section for approval. Improvement Plans shall include but not be limited to traffic signal modifications, installation of roundabouts, traffic calming devices, curb, gutter, sidewalk, driveway access, wheelchair ramps, streetlight standards, and public utilities. A Neighborhood Traffic Management Plan shall be submitted with the improvement plans. Offsite improvements shall be constructed per City Standards prior to the issuance of any building permits.

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

Off-site Improvements
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Other Roadways/Intersections
E36. 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 ai the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

E37. 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 proportionate share (i.e., 3.11%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight
Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).

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

Pfc Jessie Mizener Street
E38. Access to Pfc Jessie
Mizener Street shall be restricted except at public street intersections. (#7)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.

E39. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane 51 EXHIBIT 1
499
EXHIBIT D - Cannery Park Project Amended Conditions
b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane E40. Design and construct a traffic signal at the intersection of Eight Mile Road/East _ Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane E41. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
e. NB - one left-turn lane and one through/right-turn shared lane f. SB - one right-lane and one through lane
g. EB - one left-turn lane and one right-turn lane
h. WB - Not applicable
If the owner/subdivider of Lot 5 or Lot 6 constructs the interim improvements identified in D114, D115, and D116, the payment of a proportionate share of the cost
of those improvements as defined in D94 and D96 above is not required of owner/subdivider who constructs said improvements.
52 EXHIBIT 1
500
,,
.QWfiJER�S STATEMENT:
•

WE, THE UNDERSIGNED, HEREBY STATE THAT WE ARE ALL THE PARTIES HAVING RECORD TITLE INTEREST IN THE LANDS SUE!DIVIDED AND SHOWN ON THIS FINAL MAP OF "TRACT NO. 4213, SUE!DIVISIONS OF SAN JOAQUIN COUNTY, CANNERY PARK, UNIT NO. 14 - VILLAGE I", CITY OF STOCKTON, CALIFORNIA AND WE HEREBY CONSENT l'O THE

PREPARATION AND FILING OF THIS FINAL MAP IN THE OFFICE OF THE COUNTY RECORDER OF SAN JOAQUIN COUNTY, CALIFORNIA.

WE Al.SO OFFER TH£ REAL PROPERTY DESCRIBED BELOW, DEDICATED AS AN EASEMENT FOR PU8LIC PURPOSES, ALL PU&lLIC UfllliY EASEMENTS, SOUND WALL MAINTENANCE EASEMENTS, ALL STREET RIGHTS-OF-WAY, AND l'HE VARltiBLE WIDTH WIDENING OF STREET RIGHT-OF-WAY ALONG PFC JESSE MIZENER STREET, AND RELINQUIS!'! TO THE CITY OF STOCKTON ALL ACCESS RIGHTS OF LOTS 4, 5, 6, 90, 91, 96, 97, 98, 99, 105, fri1, 11,A-lf0:LC.,t9,1f.01AN:i;!FR®M,1?,fC JESSE MIZENER STREET, ALL AS SHOWN ON THIS FINAL MAP.

OWNER: CENTURY COMMUNITIES OF CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY "Y·.<.:... - ,. � � " ¼:.. -
NAME:l)p I "-M. '-
NQTA!t)( STATEMENT (OWNER):

A NOl'AWr PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE j)OCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT .DOCUMENT.

STATE OF OAUFOJtilA /'J\COUNTY OF ( • '°'I> !,a)�
ON '.;J° c/ !!14 'l S � , 20 '2.I , BEFORE ME, l.u',S, )\_ (2.\, fd $ t "" A NOTARY PU&lLIC, PERSONALLY APPEARED--------.--------------- Q l,M J\'\,\l�
WHO PROVED TO ME ON THE !BASIS OF SATISFACTORY EVIDENCE TO aE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THt,T HE/SHE/THEY EXECUTED THE SAME IN HIS/FlER/iHEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/FlER/THEfR SIGNATURE(S) ON THE INSTRUM8NT THE PERSON($), OR THE ENTITY UPON BEHALF OF Wl'llCH THE PERSON(S) ACTED, EXECUTED THE INSTRUf.1ENT.

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

Wl'l'NESS MY HAND
SIGNATURE: ----L-.:...........,c-;------ COMMISSION NUMBER: ::..,' """--4-1L.!..-""".,,,,_.-=--- PRINTED NAME: ...14!M.d---l!Q�Lll2.JIY]!ttl!,:,....�_:..:::� MY COMMISSION EXPIRES: ---, PRINCIPAL COUNTY OF BUSINESS: --��....,_.....,.#-"-'���--------- �[N[F'.IGIARY'S STATEMENT:

JEN �.FORNIA 31 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, BE:NEFICIARY UNDER DEED OF TRUST AND ASSIGNf.11!NT OF RENTS RECORDED MAY 20, 2025, AS DOCUMENT NO. 2025-042435 OF OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, H • &lY
�
TO THE MAKING AND FILING OF THIS MAP.

BY: . ·,
, 'D!T/z.o&r- ,
NAME: CA,...,,._, . :TMl-o«..,
ITS: Vd 11&11'°64 r-
N.<.lTAHY STATEMENT (BENEFICIARY):

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE ING>IVIDIJAL WHO SIGNED THE DOCUMENT TO Wl'llCl'l THIS CERTIFICATE IS ATTACl'lED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDllY. OF THAT DOCUMENI.

STATE OF CA�Alf" �NTY��
ON )·"14; \ , 2oal_, BEFORE ME, � fnc¥, .... '1d"
A NOTARY f'U8LIC, PERSONALLY APPEARED _ __l.G�\U!i!�g�lll•�1.t�_!f. .. �W:�----------- WHO PRGVED TO ME ON THE !BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME($) IS/ARE

SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER,(THEIR AUTHORIZED CAPACITY(IES), AND THAT &lY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH rs TR.UE AND CORRECT.

WITNESS <MY HAND
SIGNATURE:��,.�
PRINTED NAME:��\4C(cto�U
•
COMMISSION NUMBER: "13MI �
MY COMMISSION EXPIRES: ,,., • I , i!J;,/,
PRINCIPAL COUNTY OF BUSINESS: _r\Ae�ee,o· .. �,.,f.__ ____________ _ . W1" 1081031\l �urve \DR.AWING .SHEET FILES_ F_M UNIT 14 I VILL 1-1.dw kshohbaz 6 20. 2� 8:3ll •
TRACT NO. 4213

SUBDIVISIONS OF SAN JOAQUIN COUNTY
CANNiERY PAR:K
UNIT NO. 14 - VILLAGE I
BEING A SUBDIVISION OF PARCELS 1, 2, 3 AND 4, AS SHOWN ON THE PARCEL MAP FILED IN BOOK 24 OF PARCEL MAPS, AT PAGE 105, JOAQUIN COUNTY RECORDS, LYING IN SECTION 1, TOWNSHIP 2 NORTH, RANGE 6 EAST, MOUNT DIABLO MERIDIAN,

CITY OF STOCKTON, SAN JOAQUIN COUNTY, CALIFORNIA
z 0
z ::,
JUNE, 2025
CONSLLTIN3 E1\GI\EERS
430 1 0th Street
Modesto, CA 95354
Tel: 209.568.4477 Fax: 209.568.4478

EIGHT ROAD
VICINl1Y MAP

NOT TO SCALE
CITY • CbERK'S STATEMENT:

THIS IS TO STATE THAT AT ITS REGULARLY HELD MEETING ON THE __ DAY OF -----� 2D2_.

THE CITY COUNCIL OF THE CITY OF STOCKTON, CALIFORNIA PER COUNCIL RESOLUTION NO. _____ _ APPRO� THIS FINAL MAP OF "TRACT NO. 4213, SUBDlVISIONS OF SAN JOAQUIN COUNTY, CANNERY PARK, UNIT NO. 14 - VILLAGE I", CITY OF STOCKTON, CALIFORNIA, AND ACCEPTED ON BEHALF OF THE PUBLIC FOR PUBLIC USE THE OFFER OF DEDICATION OF ALL PUBLIC UTILITY EASEMENTS, SOUND WALL MAINTENANCE EASEMi;;NTS AND ACCEPTED ON SEl'lALF OF THE CITY THE RELINQUISHMENT TO THE CITY OF StOCKTON ALL ACCESS RIGHTS OF LO:fS 4, 5, 6, 90, 10, 11, 91, 96, 97, 98, 99, 105 AND LOT B TO AND FROM PFC JESSE MIZENER STREET, ALL AS SHOWN ON THIS FINAL MAP, AND ACCEPTED THE OFFER OF DEDlCATION OF ALL STREET RIGHTS-OF-WAY AND THE VARIABLE WIDTH WIDENING

OF STREET RIGHT-OF-WAY ALONG PFC JESSE MIZENER STREET SUBJECT TO SATISFACTORY COMPLETION OF IMPROVEMENTS THEREON OF SAID STREET RIGHTS-OF-WAY IN ACCORDANCE WITH CHAPTER 16, ARTICLE 6 OF THE

STOCKTON MUNICIPAL CODE, AND ANY AMENDMENTS THERETO, APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP AND PURSUANT TO SECTION 66434(G) OF THE CALIFORNIA SUBDMSION MAP ACT ABANDONED THE 96-FOOT WIDE PU&lLIC UTILITY EASEMENT AS DEDICATED ON THE PARCEL MAP FILED IN BOOK 24 OF PARCEL MAPS, AT PAGE 105, SAN JOAQUIN COUNTY RECORDS.

DATED THIS __ DAY OF __________ , 2 02_ .

KATHERINE ROLAND, CMC, CPMC, CITY CLERK
THIS FINAL MAP IS SUBJECT TO THE PROVISIONS OF A SUBDIVISION AGREEMENT RECORDED ON ____ _ 2D_ , AS DOCUMENT NO. ________ , SAN JOAQUIN COUNTY RECORDS.

D.D. SHEET NO. 28
SURVEYOR'S STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION ANID IS BASED UPON A F'\61..D SlJRVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUElDIVISION MAP ACT AND LQCAL ORIDINliNCE .AT l'l'IE REiQ.UEST OF JIM BRECHER ON NOVEMBER 5, 2D24. I HEREBY STATE THAi ALL rHE M©NUMEN'l'S ARE Or Tlf[ CWlAAC+IER AND OCCUPY THE POSITIONS INDICATED OR THAT WILL &lE SET IN THOS[ POSlil0NS BiiiFORE: :D[CeMSIER l1, 2026, AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICII2NT TO. ENABLE THE SURVEY iO B'E RtfRA:CIID, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENT-Atlvt MliP.

DATED THIS 2 DAY OF �_.J..____.�&....;::C..c..,...�---- , 202...C. �"V�-RYAN VANCE, LS. 8225
LICENSE EXPIRATION DATE: 06/30/2027
CITY ENGINEER'S STATEMENT:

No. am
I, ERIC ALVAREZ, HEREBY STATE THAT I AM Tl'lE CITY ENGINEER OF THE CITY OF ST@OKTON, GAUPORNIA, AND THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO. 4213, SUBDl\!ISIONS ©F SAN JOAQUIN COYNTY, CANNERY PARK, UNIT NO. 1.4 - VILLAGE I", CITY OF STOCK'FON, OALIFGRNIA AND T,HAT Tl'lE SWBDJVISl©N SHQWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENl'Al'IVE MAP, AND Al'-IY APf'RQVIW ALTERATIONS THEREOF. I FURTHER STATE THAT THIS FINAL MAP COMPLl[S WFFl'l ALL TH[ PilOVlSTQNS OF CHAPTER 16, ARTICLE 6 OF THE STOCKTON MUNICIPAL CODE, AND ANY AM[NDMENtS THERICTO, APf'U©ABLE AT THE TlME OF APPROVAL OF THE TENTATIVE MAP.

CliY OF .

REGISTRATION EXPIRATION DATE: 06/:30/2D26
NO. CIJ57830
COUNJY SURVEYOR'S STATEMENT:

I, JAMES E. HART, l'lEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP ©F "TRACT l!j_O . .+2f3, SUBDIVISIONS OF SAN JOAQUIN COUNTY, CANNERY PARK, UNIT NO. 14 - VllLAGE I", CITY OF ST-©CKlilN, OALIFORNIA ANO THAT THE SU&lDIVISION SHOWN l'lEREON COMPLIES WITH ALL THE PROVISIONS OF Cl'lAPl'ER 2 or l'HE CALIFORNIA SUBDIVISION MAP ACT, AS AMENDED, AND THAT THIS FINAL MAP IS tECHNIOALLY CORRECi. 1't
DATED THIS l DAY OF __ J"""--'IJ"--"'L 'I..,__ _____ , 202.S: . • . •«O Z:.�k
RECORDER'S STATEMENT:

FILED THIS ____ DAY OF _________ , 2Q.2.._ , A T __ .M.

LIC[N$E No. 86'.57
IN &lOOK ____ OF MAPS AND PLATS, AT PAGE _____ , AT THE REQUEST OF VVH CONSULTING ENGINEERS.

FEE$--�-
STEVE J. BESTOLARIDES

ASSESSOR-RECORDER-COUNTY CLERK
BY:--------------�
ASSIST11NT/DEf>UTY REC0RDER
S1H1EET 1 OF 8
EXHIBIT 2
501
'
I
---------------T-------------c -
I
I
I
FD. BRASS DISK IN MON.

WELL C.O.S. MON 9N-14
(291) (R2)
N=2208403.08
E=6337900.73

EXISTING CITY LIMITS
'
I
------l
I
I
----,
I
----�
I
I <{ I Q I a: I
I
I
I 0
c_ _____ "L a:
: ______ C)
I W
I �
I S,2
I ::!: I
_____ J
I
I
I
-----7
I
I
------l
I
_____ .J
I
I
•' I I
/ / I
,' I I
/ / I
, ( '
,' I I ' I
f / I
' ( '
/ l I
: I I
/ I I I
r-'- -
I
I EIGHT MILE ROAD -----7

I TOWNSHIP LINE
i T. 3 N., R. 6 E. T. 3 N., R. 7 E. :
' L SEC.31_) "' : SAN JOAQUIN couNTY----1 SEC.36 '---.;___

SECTION LINE -
NQJ[,S:
''
l
\
1 1. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

2. A 101 PUBLIC UTILITY EASEMENT IS DEDICATED ALONG ALL STREETS AS SHOWN ON THIS MAP.

3. SET A WITNESS CORNER CUT 11 + 11 IN CONCRETE ON PROJECTION OF ALL LOT LINES INTO THE RIGHT-OF-WAY AT 1 FOOT, WITNESS CORNER SET RADIALLY OR PERPENDICULAR TO THE RIGHT-OF-WAY AT ALL CURVE AND RETURN POINTS.

4. EACH LOT SHALL BE DESIGNED, GRADED AND MAINTAINED TO PROVIDE PROPER DRAINAGE WITHOUT PONDING, CAUSING SOIL EROSION OR DRAINING ONTO ADJACENT PROPERTY. ALL LOTS ARE TO DRAIN FROM REAR TO FRONT UNLESS OTHERWISE SHOWN.

5. THIS MAP REFERS TO APPROVED TENTATIVE MAP TM8-04, AMENDED BY THE CITY OF STOCKTON RESOLUTION NO. 2024-02-08-05001-05, ON FEBRUARY 8, 2024.

6. ALL REFERENCES ARE TO SAN JOAQUIN COUNTY RECORDS AND BOOK OR VOLUME PRECEDES PAGE.

7. BY THIS NOTE, ACCESS RIGHTS TO CORNER LOTS ARE RESTRICTED IN CONFORMANCE WITH STOCKTON MUNICIPAL CODE 16.36.030. FURTHER, THE DEVELOPER OF THE SUB.DIVISION SHALL SELECT THE STREETS AfilUTTING THE CORNER LOTS UPON WHICH ACCESS IS TO BE PROVIDED AND ACCESS IS HEREBY RESTRICTED ON ALL OTHER FRONTAGES.

8. THE 96-FOOT WIDE PUBLIC UTILITY EASEMENT CREATED BY 24-PM-105, TO BE ABANDONED BY THIS MAP.

W:\108l03_00\survey\DRAWING\SHEET FlLES\FM UNIT 14 I\VILL l-:-2,dw9 ksh.ohboz !(3/ZS 14:32 \ r--------�
- .- .. -· -· 7
ITY OF STOCKTOIN--r---------'-�----------
'-, SEC. I SEC. 6
\

I I I I I I I I
2 N., R. 6 E.1 T. 2 N., R. 7 E.

LOTC

FUTURE DEVELOPMENT

SAN JOAQU N COUNTY
--------+-----------'
\------------
--------7
-i
FD. CHISELED "+" C.0.S.

MON 9N-18 (295) (R2)
N=2206903.38
[=6342976.01
____ : ___ I �-----------
1 --T---�--r-------r�--
1 I
I I 1 l l
I I. I l l I
I I I I l ' l
____ ' _::::U __ ' ____ ' _, _____
1 __ 1
--1
I I I I 1 I I I I I 1
EXISTING CITY LIMITS : : :

I I I I I I I I r---
1 I 1 I I I I I I
I I I I I I I I 1 I I I
__ J __ J_L��-Li ___ i __ L_L_L ___ L __ _
REFEREt:!CES:
(R1) CANNERY PARK UNIT NO. 1, BOOK 40 OF MAPS & PLATS, PAGE 51, SJCR (R2) BOOK 35 OF SURVEYS, PAGE 5, SJCR CITY OF STOCKTON TRAVERSE CONTROL SURVEY.
(R3) BOOK 24 OF PARCEL MAPS, PAGE 105, SJCR
(R4) GRANT DEED ON 2024-093296, SJCR
1$ASIS O F !BEARINGS:

BEARINGS, DISTANCES, AND COORDINATES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM-83, ZONE 3, (1991.35). A LINE BETWEEN CITY OF STOCKTON MONUMENTS NO. 9N-14 (291) AND 9N-18 (295) BEARS S73°3211711E AS

CALCULATED FROM CITY OF STOCKTON TRAVERSE CONTROL MONUMENT SURVEY, FlLED FOR RECORD IN BOOK 35 OF SURVEYS, AT PAGE 5, SAN JOAQUIN COUNTY RECORDS. ALL DISTANCES SHOWN ARE GROUND LEVEL AND MUST BE MULTIPLIED BY

0.99994647 TO OBTAIN GRID DISTANCES.
400 200 0
N
ffi
w
400
SCALE: 1'' � 400'
SHEET INDEX:

SHEET 1: CERTIFICATES.

SHEET 2: NOTES, LEGEND, REFERENCES AND BASIS OF BEARINGS.

SHEET 3: BOUNDARY AND LEGEND.

SHEET 4: LOT DETAILS.

SHEET 5: LOT DETAILS.

SHEET 6: LOT DETAILS.

SHEET 7: LOT DETAILS.

SHEET 8: LOT DETAILS, LINE AND CURVE TABLES.

TRACT NO. 4213

SUBDIVISIONS OF SAN JOAQUIN COUNTY
CA:NNERV PARK
:U'NIT NO. 14 - Vl:LLAG:E :1
BEING A SUBDIVISION OF PAR:CfLS 1, 2,, 3 ANl) 4, AS SH WN ON THE PARCEL MAP FILED IN BUOK 24 OF PARCEL M'Al'1S, AT PAGE 105, JOAQUIN COUNTY RECORDS, LY'ING IN SECTION 1,
TOWNSHIP 2 NORTH, RANGE 6 EAST, MOUNT DI.A:�LO MERIDIAN,

CITY OF STOCKTON, SAN JOAQUIN COUNTY, CALIFORNIA
LEGEND:
-•-
-@-
-@-
-0-
-@-
&
SJCR
RS
PM
(M)
PUE
C99
L99
(R)
JULY, 2025
430 1 Qth Street
Modesto, CA 95.354
Tel: 209.568.4477 Fex: 209.568.4478
FOUND AND ACCEPTED J/4'' IRON PIPE T1iGGEl:l LS. 69.53 PER (R1) UN-:SS NOTED OTHERWISE. I
. I
FOUND CITY OF STOCKTON CONTROL MONUM[NT, AS NOTiiD Pm (R1 )(R2).

FOUND AND ACCEPTED JJ/4" IRON PIPE TJ!i!SGED LS. 6953 ,IN MONWMEI I WELL PER (R1) UNLESS NOTED OTHERWISE.

SET 3/4" x 30" LONG IRON Pll"E TAGGED LS. 8225.

SET 3/411 x 3011 LONG IRON PIPE TAGGED LS. 8225 IN MONWMENT WE SET 1 /211 X 2411 LONG IRON PIPE TAGGED LS. 8225 AT ALL REM LOT CORNERS, UNLESS OTHERWISE NOTED.

WITNESS CORNER: SB 1 /2"x24" LONG IRON PIPE TAGGED L.S. 822:5 AT OFFSET NOTED, ALL LOT DIMENSIOl'<S SHOWN ALONG LOT LINE'S 'fHAT C©NTAIN A WITNESS CORNER ARE FROM THE LOT CORNER TO LOT CORNER. l MEASURE POINT
EXISTING RESTRICTED ACCESS. ACCESS RIGHTS RELINllUISH[D TO Ti'!E C • • OF STOCKTON (R1)
ACCESS RIGHTS RWNQUfSHED TO THE CITY OF STOCKTON Br Tl<IIS MAP

CENTERLINE GRID COORDINATE NUMBERS

SAN JOAQUIN COUNTY RECORDS

RECORD OF SURVEY

PARCEL MAP

MEASURED ON THIS MAP

PUBLIC UTILITY EASEME'NT

CURVE DATA TABLE REFERENCE

LINE DATA TABLE REFERENCE

RADIAL BEARING

WC WITNESS CORNER
ON
SF
AC
M.&P.

FD
SFN
SME
RD
IP
MON
EX
N=2153535.135
E=6327497.231

DOCUMENT NUMBER

SQUARE FEET
ACRE

MAPS AND PLATS
FOUND

SEARCHED, FOUND NOTHING
SOUND WALL MAINTENANCE EASE:MENT
ROAD

IRON PIPE

MONUMENT

EXISTING
CALIF. COORDINATES-83., ZONE 3
(CENTERLINE AND CONTROL MONW.t;iENTS)
I
St-1EET2ls
EXHIBIT 2
502

UNE DATA TABLE

LINE BEARING DISTANCE
L1 N89°22'15"E 150.781 (M)(R1 )(R3)
L2 N31°571·15"E 248.32' (M)(R1 )(R3)

LINE DATA TABLE

LINE BEARING DISTANCE
L16 N45°00'00"E 14.141
L17 N90°00100"E 54.001
� FD 3/4" IRON PIN
'-W'-.;;...---:,-TAGGED R.C.E. 8189 AS
SHOWN ON (R1)
L3 N30° 48'26"E 278.361 (M)(R1 )(R3) 545°
00'00"E 14.141 150
L18
L4 N32°03'59"E 10.36' (M)(R 1 )(R3) L19
LS S62°54'23"E 28.981 (M)(R 1 )(R3) L20
L6 512° 3911 O"E 82.92' (M)(R1 )(R3) L21
L7 S29°35146"E 159.981
L22
LB N61 ° 43'S2"E 110.211
L23
L9 l'il16° 43152"E 20.781
L24
L10 N52°30'43"E 60.021
L25
L11 N31
°
.57115"E 98.27' L26
L12 533° 17' 16"E 54.001 (R) L27
L13 S23°
52'50"E 147.51' L28
L14 S0°00'00"E B8.36' l29
L15 i'i190°00'00"E 90.001
L30
·---- ' \
'·
N90°00'00"E 180.001
N45°00'00"E 14.141
N90°00'00"E 54.00'
S45°00'00"E 14.141
N90°00'00"E 90.001
N0°00'00"E 224.001
N90°00'00"E 154.001
S45°00'00"E 14.141
N90°00'00"E 181 .061
N45°00'00"E 14.14'
N90°00'00"E 54.00'
S45°00'00"E 14.141
\i}
\
\v1
'9�\;��,'\ \ u' '
\
\� \ \
'
94 9J
PARCEL 4(R3l
L40
92 I 91
.L1 , ..
�
FD 3/ 411 IRON PIN
TAGGED R.C.E. 8189 AS
SHOWN ON (R1)
____ \::::_ N9�0
�'� 344.09� ___.., _ L46 • 4 N90°00'00"W 852. 2 ___..,
PFC JESSE MIZE�ER STREET -N90
°
00'00"E 1950.75'- - -- -
VARIABLE WIDTH WIDENING -+--­

OF STREET RIGHT-OF-WAY
1 1
1 _ _ _ Drn1cAT10� 1 1
• - I CANNERY PARK UNIT ND. 12 - VILLAGE C
. _ _J L _ -- 44-t.,1.&:P.-46
I I L___ __J
-----1 �--- ----1 I
I I L___ _ _ _J--
·-7 t---- ---7 I

I I I I
W:\ 1081•0300\surv \ORAWING\SHEET FlLES\FM UNIT 14 I\ Vlll 1 -3.dw� kshohbaz 7 /3/25 14:35 VARIAflLE .WIDTH WIDENING ..-1--� ...

OF STREET RIGHT-OF-WAY
IDEDICATION h. \ SEE DETAIL "A"
ON THIS SHEET / _ _J
I
I
I-,
I
I
-�
I
I
I
--7 I'- ....._r--- --- ......
\ I I /
___ 7 I I
CANNERY PARK UNIT NO. 13 - VILLAGE H,- - -- -
�
=r-,1:= 7- I L "-•�r=:\ : I ---! i ·1. . . . 1 1 1 I 1 r , 13 /
/
12 75 0 150
SCALE: l" = 150'
I
300
TRACT NO. 4213

SUBDIVISIONS OF SAN JOAQUIN COUNTY
CAN·NERV PARK
UN:IT iNQ.14-VILLAGE II
SUBDIVISION SUMMARY:

BEING A SUBDIVISION OF PARCELS 1, 2, 3 AND 4, AS SHOWN
ON THE PARCEL MAP FILED IN BOOK 24 OF PARCEL MAPS, AT
PAGE 105, JOAQUIN COUNTY RECORDS, LYING IN SECTION 1,
TOWNSHIP 2 NORTH, RANGE 6 EAST, MOUNT DIABLO MERIDIAN,

CITY OF STOCKTON, SAN JOAQUIN COUNTY, CALIFORNIA

LOT A (PARK)

LOT B (DRAINAGE BASIN)

LOT C (FUTURE DEVELOPMENT)
131 RESIDENTIAL LOTS

STREET (ROW DEDICATION)
TOTAL
=216,249 S.F.= 4.96 AC
=145,216 S.F.= 3.34 AC
=996,282 S.F.=22.87 AC
=742,183 S.F.=17.04 AC
=334,043 S.F.= 7.67 AC
=2,433,973 S.F.=55.88 AC
JULY, 2025
........... ,,,,.. • ......... ir-,, ·--- � '-"-"�••�ca�-� 430 10th Street
Modeste, CA 9535·4
Tel: 209.568.4477 FGx: 209.568.4478

CURVE DATA TABLE CENTERLINE GRID
I
I

CURVE DELTA RADIUS
C1 40°11156" 623.00'
C2 21 ° 16' 16" 843.00'
C3 36°0714711 64.00'
C4 3°
51 '28" 90.00'
cs 24°24156" 277.00'
C6 21°37153" 943.001
C7 3°07 13611 723.001
CB 23°5215011 377.001
C9 29°52'57" 723.00'
C10 12°37129" 90.001
C11 33°0013311 723.001
C12 9°
13'09" 64.001
C13 8° 59125" 90.001

LINE DATA TABLE

LINE BEARING DISTANCE
l31 N90°00'00"E 180.001

1.32 N45° 00100"E 14.141

1.33 N0°00'00"E 9.24'

1.34 N90°00'00"E 160.911

1.35 S49° 56'05"W 39.88'
L.36 SB7°
1115211W 14.881

1.37 S43°
35 I 56 "W 9.671

1.38 581°0013511W 37.70'

1.39 N0°00'00"E 9.00'
L40 N90° 00'00"W 22.34'
L41 S0°00'00"E 9.001
L42 SB7° 11152"W 46.621
L43 N80° 46151 "W 43.021

1.44 N90°00'00"W 154.001

1.,45 543°3515611W 19.331
LENGTH
437.10'
312.96'

40.36'

6.06'
118.041
356.021

39.451
157.131
377.081

19.831
416.53'

10.30'

14.121
CH.BEARING
N73°
00'56"E
N41°24'0B"E
N70°
34'36"E
N54°
26'27"E
N44°09143"E
N42°4611111E
N55°
08'56"E
S11°56'25"E
S71°3911211W
N87°05'35"W
570°0512411W
NB5°23 1·2s"w
S85°30'18"W
CHORD
428.191
311.171

39.691

6.06'
117.151
353.911

39.451
156.001
372.821

19.791
410.80'

10.29'

14.111
(M)(Rl )(R3)
(M)(R1 )(R3)

LINE DATA TABLE

LINE BEARING DISTANCE
L46 N90°00'00"W 12.881
L47 N0°00'00''E 9.341
L48 S90°00'00"W 24.33'
L49 s0°001oo"w 9.34'
L50 N2° 48' OB"W 24.15'

COORDINATES
Point # NORTHING EASTING
27 220687B.49 6342797.76
28 220.6878.49 6342543.77
29 2206878.49 6342288.72
30 2206664.50 6342288.72
31 2206664.50 63'42034.14
32 220666-4.50 6341780.75
33 220666-4.50 634152:6. 77
34 2206779.85 6341526.77
35 2206881.05 6341505.37
36 2207031.06 6341438.95
37 2206966.86 · 63"4113S.35
38 2206966 .. 86 6341078.81
39 220666-4.50 634107!1.81
40 22.06664.50 6341394.91
41 2206410.!52 6341394.91
42 22©641-0.§2 63"42288.72
43 2206410.52 6342543.77
44 22©6410.52 6342797.76
45 2206242.53 6341394.91
46 2206242.53 63422136.72
- - - - - - - -.- - - - - - -
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11 10
C13
N90°00100�50.79' __/

PFC JESSE MIZENER STREET
DETAIL "A"
SCAlE: l"=-40'
- - - --
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EXHIBIT 2
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LOT • s• (R 1 l
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107
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70 5175 SF
"></ TRACT NO. 4213
SU�DIVISIONS OF SAN JOAQUIN COUNTY

CANNERY PARK
UNIT NO. 14 • Vl;LLAGE I
BEING A SUBDIVISION OF PARCELS 1, 2, 3 AND 4, AS SHOWN
ON THE PARCEL MAP FILED IN 1IBOOK 24 OF PARCEL MAPS, AT PAGE 105, JOAQUIN COUNTY RECORDS, LYING IN SECTION 1,
TOWNSHIP 2 NORTH, RANGE 6 EAST, MOUNT DIABLO MERIDIAN,

CITY OF STOCKTON, SAN JOAQUIN COUNTY, OALIPORNIA
co-
(.)
JULY, 2025
CDI\ISLILTI\G�
ti=023°52'5o"
R=377.00'
Tel:
430 10th Street
Modesto, 0A 95354
209.568.4477 Fox: 209.56.!il.4478
l=l57.131
Ch.Bmg=N11°56'2511W
Chord= 156.00'
NOTES:

1. SEE NOTE 7 SHEET 2 FOR lHIS S'i'MBOL A

2. SEE LINE ANO CURVE TABLES ON SHEET B

3. SEE SHEET 2 FOR LEGEND, REFERENCES,
BASIS OF BEARINGS AND ADDITIONAL NOTE$.
40 20 0 40
SCALE: l" = 40'
BO
69 5175 SF
SHEET 4 OF 8
EXHIBIT 2
504
3' WC
j--3' SME
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125
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STORM DRAINAGE BASIN
145216 SF

3.34AC
N90_
0 00'00"E 344.09',
PART OF VARIAlilLE WIDTH

WIDENING OF STREET

RIGHT-OF-WAY DEDICATION
27'
31'

61.82'
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51.75' 51.75' -------------------1-
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0 5175 SF 0 5175 SF
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---------
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PER (44-M.&P.-46)
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WELL TAGGED LS. 8225
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_______________ J 35
I 34
W:\ 10810300\survey\DRAWfNG\SHEe:T FlLES\FM UNIT 14 I\ VILL I-5.dwg kshohboz 7 /3/25 8:49 TRACT NO. 4213

SUBDIVISIONS OF SAN JOAQUIN COUNTY
CAN1NERY :PAR·:K
UNIT NO. 14 - VlLLAGE I
BEING A SUBDIVISION OF PARCELS 1, 2, 3 AND 4, AS
SHOWN ON THE PARCEL MAP FILED IN iijjOOK 24 OF
PARCEL MAPS, AT PAGE 105, JOAQUIN COUNTY
RECORDS, LYING IN SECTION 1, TOWNSHIP 2 NORTH,
RANGE 6 EAST, MOUNT [)IABLO MERIDIAN,
CITY OF STOCKTON, SAN JOAQUIN COUNTY, CALIFO�NIA
JULY, 2025
CDNSU..TNG �
40 430 10th Street
Modesto, CA 95354
Tel: 209.568.4477 Fax: 209.56S.447S
20 0 40
SCALE: l" = 40'
NOTES:
1 . SEE NOTE 7 SHEET 2 FOR THIS SYMBOL &.

2. SEE LINE AND CURVE TABLES ON SHEET 8

3. SEE SHEET 2 FOR LEGEND, REFERENCES,
BASIS OF BEARINGS AND ADDmONAL NOTES.

EXHIBIT 2
505
N
ffi
NOTES:

1. SEE NOTE 7 SHEET 2 FOR THIS SYMBOL ,A. 40 20 0 40 80 2. SEE LINE AND CURVE TABLES ON SHEET B SCALE: 1" = 40'

90.00'
N90°00'00''E 1 BO.OD'
N
N90°00'00"WI
� ,::=.;._;;.;.;;;..::.......;;=;:;.,_<6'. .

3. SEE SHEET 2 FOR LEGEND, REFERENCES,
BASIS OF BEARINGS AND ADDITIONAL NOTES.

LOTC
N90°00'00"E 1B0.00'
N90°00'0011E

54.00'

27.00' 27.001

90.00'
N00°0010011E N00°00'00"E N90°00'00"E 180.001
f- -I
370 01 37.
�
01 254.001 254.001 254.001
- - --- ----- --- --- --- ---- - --- - --- --- ---
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0 0•0-o'
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0 -9-.
9 -9
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51.751
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70 "" 69
b 5175 SF
0 8
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51.751
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d a-
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b 5175 SF a
a
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51.751
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51.751
0 a cia-
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(/)
-----------

51.751
N90°00'0011E B19 87'

51.751 51.751 51.751
----------- 1----------- -----------
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.,.., 67 .,.., 66 .,.., 65
0 5175 SF 0 5175 SF 0 5175 SF a a a 0 0 0 a a 0
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a z

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0 5175 SF a ba
0 a
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-----------

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51.75' --------y-
101 PUE
0 a cia-
w 63
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51.75'
0 a da -
.,.., 84
0 5175 SF a ba0 a
(/1
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51.751

51.751
1-----------
0 a cia-
.,.., 62
0 5175 SF a aa0 az

51.75'
0 a cia-
.,.., 85
0 5175 SF 9 aa0 a
(/1
1-----------

51.75'

51.75' 51.751 51.751
---------------------------------
0 0 0 a a a ci d cia a a- - -
w 61 w 60 .,.., 59
0 5175 SF 0 5175 SF 0 5175 SFa a a
0 a 0 a a a
'6 0 0
a a
(/) (/) (/)

51.751 51.75' 51.75'
0 a 0 a a a ci d da a a - - -
.,.., 86 w 87 .,.., 88
0 5175 SF 0 5175 SF 0 5175 SF a a 9 b a aa a a0 0 0 a a a (/1 z z
----------- ----------------------

51.75' 51.75' 51.75'
-

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27'
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N90°00'00"E B19.B7' - 'o<i()
TRACT NO. 4213

SUBDIVISIONS OF SAN JOAQUIN COUNTY
CANNE.RY PARK
UNIT NO. 14 - v,tLLAGE I

I I I I I
I I I
BEING A SUBDIVISION OF PARCELS 1, 2, 3 • AND 4,
AS SHOWN ON THE PARCEL MAP FILED IN BOOK 24
OF PARCEL MAPS, AT PAGE 105, JOAQUIN COUNTY
RECORDS, LYING IN SECTION 1, rOWNSHIP 2 NlJRTH,
RANGE 6 EAST, MOUNT DI/\BLO MERIDIAN,

CITY OF STOCKTON, SAN JOAQUIN COUNTY,

CALIFORNIA
JULY, 2025
CDNSLLTING �
430 1 0th Street
Modesto, CA 95354
Tel: 209.568.4477 Fax: 209.568.4478
48 47
I �1 I
e_,'(','i-�-
$�'f:,. �I

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1 50.70' 50.351 50.00
1 50.00' 50.001 55.001 50.001 50.001 50.251 51.00' • 7,,.,°o� --�---------- ---------- ---------- ---------- ---------- ----------�----------�-------7--------------------------------- ---------- ----------� �· 10' PUE � _,..,
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ba'"" a
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0 PFC JESSE MIZENER STREET
94 5610 SF

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EXISTING RESTRICTED ACCESS

TO BE RELINQUISHED
W:\10810�\survey\D�WING\SHEET FlLES\FM UNIT 14 I\VILL l-6.dw9_ kshohboz 7/3/25 8:38_ EXHIBIT 2
506
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)
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51 40 I
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NOTES:

1. SEE NOTE 7 SHEET 2 FOR THIS SYMBOL .A.

2. SEE LINE AND CURVE TAB LES ON SHEET 8

3. SEE SHEET 2 F
O

R LEGEND, REFERENCES,
!BASIS OF BEARINGS AND ADDITIONAL NOTES.

I
I 35 I
I
I
I
I
24 I
I
I
I
I
TRACT NO. 4213

SUBDIVISIONS OF SAN JOAQUIN COUNTY
CANrNERY PAR:K
UNIT NO. 14 - V!l1LLAGE I
----..J I I I
I te.'\ �
. '!,Y..'f,'t, '5ff:-'t.
27• I 27•
I I
i
BEING A SUBDIVISION OF PARCELS 1, 2, l AND 4, Arj
SHOWN ON THE PARCEL MAP FILED IN BOOK 24 OF i
PARCEL MAPS, AT PAGE 105, JOAQUIN CQlJN1Y
RECORDS, LYING IN SECTION 1, TOWNS-HIP 2 NO�TH,
RANGE 6 EAST, MOUNT DIABLO MERIDIAN, CllY OF
STOCKTON, SAN JOAQlJIN COUNTY, CALIFORNIA
MAiJ"CH LINE )
O'CONNOR sr�EET
�
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I N90°00I00"E 100.531 N90°00'00"E 100.531 I
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°00'00"W 100.00 1 '
b b
17 JULY, 2025
-----
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°00'0011E 100.53 1
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CURVE DATA TABLE CURVE
CURVE DELTA RADIUS LENGTH CH.BEARING CHORD CURVE DELTA �CIUS

DATA TABLE
LENGTH CH.BEARING CHORD CURVE DELTA

CURVE DATA TABLE
RADIUS LENGTH CH.BEARING CHORD
TRACT NO. 4213

SUBDIVISIONS OF SAN JOAQUIN COUNTY
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508
City of Stockton
Legislation Text
File #: 25-0727, Version: 1

ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 15 (VILLAGE J) TRACT NO. 4214 PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Final Map for Cannery Park, Unit No. 15 (Village J), Tract No. 4214;

2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the Final Map for Cannery Park, Unit No. 15 (Village J), Tract No. 4214; and

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
The proposed resolution approves the Final Map and authorizes the City Manager to execute a Subdivision Agreement between Century Communities of California, LLC, accept all offers of dedication, and record the map for Cannery Park, Unit No. 15 (Village J), Tract No. 4214. The subdivision contains 22.87 acres divided into 136 lots for the construction of single-family residential homes and street right-of-way dedication. The Final Map complies with the Tentative Maps (TM 8-04 A&B and TM P21-0435) approved by the Planning Commission on August 12, 2004, and February 8, 2024, and approved development conditions. The proposed property subdivision is located north of PFC Jesse Mizener Street and east of Holman Road (Attachment A - Vicinity Map).

Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the Tentative Map conditions have been fulfilled. If the Final Map is approved by the City Council, the City will transmit the map and Subdivision Agreement to the County Recorder. It is recommended that the Council adopt the proposed resolution, as Century Communities of California, LLC, has fulfilled all necessary conditions.

DISCUSSION
Background
On August 12, 2004, the Planning Commission approved a Small Lot and Large Lot Tentative Subdivision Map (TM 8-04 A&B) for the Cannery Park Mixed Use Project and recommended that City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Pre-zoning and Development Agreement. On September 14, City of Stockton Printed on 8/7/2025Page 1 of 3
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File #: 25-0727, Version: 1
2004, the City Council approved the Planning Commission and Staff recommendations. The Project proposed to develop a 448-acre project site with 1,100 single-family lots, 210 multi-family units, commercial retail and office, industrial, parks, a school, and a fire station.

The Tentative Small Lot Map 8-04A shows how the proposed site would be divided up into smaller parcels, creating the residential lots, a lot for multi-family, 49 lots for light industrial and commercial, and lots for the fire station, parks, school, and various accessory lots. The Tentative Large Lot Map shows how the proposed site would be divided up into 17 large lots to provide the developer an opportunity to sell larger blocks of developable land off while site development is underway. The tentative maps were approved subject to specified conditions to be met upon subdivision of the project site.

The City Council approved the formation of the Community Facilities District (CFD) No. 2019-1 for Cannery Park II to levy Special Taxes within the CFD to finance the construction of capital infrastructure and ongoing services related to police, fire, parks, roads, and open space.

On February 8, 2024, the Planning Commission approved a Tentative Subdivision Map (TM P21- 0435) for the Cannery Park Mixed Use Project, and on April 2, 2024, the City Council approved the associated General Plan Amendment, Rezone, EIR Addendum, and Development Agreement (extending the existing agreement by 10 years).

Up to the present time, the City Council has approved twelve final maps that created 1,031 residential lots, a school, public rights-of-way, and easements.

Present Situation
Century Communities of California, LLC, submitted a final map to complete the subdivision process for the earlier approved Tentative Maps. The subdivision name is Cannery Park Unit No. 15 (Village J), Tract No. 4214, and will subdivide the 22.87-acre project site into 136 lots for the construction of single-family residential homes and street right-of-way dedication. The residential lot sizes, ranging from 4,500 to 7,649 square feet, will have access through the project site to public streets.

Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval are met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right-of-way easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.

The City Engineer reviewed the Final Map for technical accuracy, substantial conformance with the approved tentative maps, and that the required conditions are completed or incorporated within a Subdivision Agreement. The City Engineer recommends forwarding the Final Map, Subdivision Agreement, and any offers of dedication to the City Council for consideration and approval.

The Subdivision Agreement (Exhibit 1 to the proposed resolution) contains the developer’s obligations for project site development. The proposed resolution authorizes the City Manager to execute the Subdivision Agreement, accept on behalf of the public all offers of dedication, and authorizes the recordation of the Final Map. It is recommended that the Council adopt the proposed resolution, as Century Communities of California, LLC, has fulfilled all necessary conditions.

City of Stockton Printed on 8/7/2025Page 2 of 3
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File #: 25-0727, Version: 1

FINANCIAL SUMMARY
The costs of creating the Subdivision Agreement, including plan checking, inspection, map filing, and computer mapping services provided by City staff, have been paid by the subdivider in the amount of $262,438.73 and deposited in various fee accounts in the Development Services Fund and Street Sign Public Facility Fee Fund. These fees and deposits are described in detail in Exhibit A of the Subdivision Agreement. All other fees will be assessed at the time building permits are issued.

Cannery Park, Unit No. 15 (Village J) will be incorporated into CFD No. 2019-1, which provides funding for the necessary infrastructure improvements and ongoing City services related to police, fire, parks, roads, and open space to support the project development. There is no financial impact to the City because of the execution of the Subdivision Agreement. The developer bears the costs of constructing the required infrastructure improvements and development of the subdivision.

Attachment A - Vicinity Map
City of Stockton Printed on 8/7/2025Page 3 of 3
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511
REV. DATE
CK. BY DRAWING NO.

CITY ENGINEER

APPROVED BY
SCALE
BYAPRVD.NO.

DWG. BY

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON DATE
Cannery Park, Unit 15
Vicinity Map
N

PROJECT
SITE

ATTACHMENT A
512
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE

SUBDIVISION AGREEMENT, ACCEPTING ON BEHALF OF THE PUBLIC ALL

OFFERS OF DEDICATION, AND AUTHORIZING RECORDATION OF THE FINAL MAP FOR CANNERY PARK, UNIT NO. 15 (VILLAGE J) - TRACT NO. 4214

Cannery Park, Unit No. 15 (Village J), Tract No. 4214 is located north of PFC Jesse Mizener and east of Holman Road; and

The project will subdivide an approximately 22.87-acre project site into 136 lots for the construction of single-family residential homes and street right-of-way dedication; and

The subdivider is CENTURY COMMUNITIES OF CALIFORNIA, LLC (Subdivider); and

The Subdivider has submitted the Cannery Park, Unit No. 15 (Village J), Tract No. 4214, Final Map for approval; and

Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met, which includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision unit, dedicating right -of-way easements, and posting security bonds to guarantee the subdivision improvements; and

The subdivision agreement contains the Subdivider’s obligations for project site development; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Manager is hereby authorized to execute on behalf of the City of Stockton a Subdivision Agreement outlining conditions for the approval of Cannery Park, Unit No. 15 (Village J), Tract No. 4214, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The certain Final Map, consisting of eight sheets, entitled Cannery Park, Unit No. 15 (Village J), Tract No. 4214 filed with the City Clerk on August 12, 2025 , is hereby approved as and for the Final Map of that certain subdivision known as Cannery Park, Unit No. 15 (Village J), Tract No. 4214, Stockton, California, a copy of which is attached as Exhibit 2 and incorporated by reference.

3. The City Council hereby accepts on behalf of the public all offers of dedication for the purposes designated and authorizes the recordation of the map. 513

4. The approval and acceptance by the City on behalf of the public of Tract No. 4214, Subdivisions of San Joaquin County, Cannery Park, Unit No. 15 – Village J, is subject to the owner or owners constructing all public improvements required by the Community Development Department and the payment of all fees required under Chapter 16, Division 4 , of the Stockton Municipal Code, and subject to the owner or owners submitting to the City of Stockton the final map of the subdivision approved by the County Surveyor indicating conformance to the Subdivision Map Act of the State of California.

5. The City Clerk is hereby authorized and directed to sign and have recorded said subdivision map when same is submitted to the City , bearing said approval of the County Surveyor, and is approved by the City Engineer.

6. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED August 12, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton

ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton

514
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 ("Agreement") is made and entered into as of ___________ by and between the CITY OF STOCKTON, hereafter referred to as "CITY," and CENTURY COMMUNITIES OF CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, hereinafter referred to as "SUBDIVIDER." WI TN ES S ET H:

Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled CANNERY PARK. UNIT NO. 15 (VILLAGE J) •• TRACT NO. 4214 {TM 8-04 A&B and P21-0435l 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 (5607C) dated 2/12/25, prepared by WH Consulting Engineers, and consisting of Sheets 1 through 25 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 construct 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, 1 EXHIBIT 1
515

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.
- - - - - --- -- - - - -- --------
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
2 EXHIBIT 1
516
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 Unit.ed 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 limes 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 (26 Monuments) ................... $52.000.00 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 ...................................................................... $1,580,670.00 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 ...................... .............. $1,580,670.00 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:
3 EXHIBIT 1
517
A. Security given for faithful performance shall 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 lo 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 harmless City of Stockton and its officers, officials, 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 lo, 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. SUBDIVIDER shall not be obligated to indemnify or defend CITY for claims finally determinl;ld 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 4 EXHIBIT 1
518
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 C_ITY'S defense GQsts _ of the claim ,_including ,...but _llQ_t_limite.ct_to,_c.o_urLcosts,_attoroey'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 of Stockton and its officers, officials, 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.

Subdivider shall contractually require the selected contractor to carry the insurance required within Exhibit C.

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 5 EXHIBIT 1
519
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 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 $31,613.00 with the City to corre9Ldeficiencies 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 =
Inspection Fee =
$73,887.28
$111,193.94
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 $597.00 ($155 + $3.25/lot), a map filing fee of $3,685.00 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $116.00 and $239.00, 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 6 EXHIBIT 1
520
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.

18. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY
__ _ _ __ _ ___ In the event of any_s_uch__rurtje_e_,_Suhdivmer's_sur_el\LshalU1av_eJbe_duty_Jo_take_o11er_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 ii 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:

CENTURY COMMUNITIES OF CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY

COMPANY
6700 KOLL CENTER PARKWAY, SUITE 210
PLEASANTON CA 94566
Notices required to be given to surety of Subdivider shall be addressed as follows:

MARSH USA LLC
1225 17TH STREET, SUITE 1300
DENVER CO 80202
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. 7 EXHIBIT 1
521

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 modified or waived if an alternate method of providing fire protection is provided and approved by the_Stocktoo Eke_D_epartment._______ _ _ ____ __ _ _ _ _ __ _ _ _ _ ______ _

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: 170 trees@ $195 ea. X 125% = $41,437.50

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: 11 signs@ $286.25 ea.= $3,148.75

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 its 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 this 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 Agreement and shall receive the immediate 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 successors or assigns of the parties.
8 EXHIBIT 1
522

26. SPECIAL PROVISIONS
The subdivision of the property subject to the Map described herein shall be subject to the tentative map conditions in TMS-04 & P21-0435 as shown in Exhibit D (attached) shall apply to 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:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By __________ _
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

BY -----------

CITY ATTORNEY
CITY OF STOCKTON:

STEVE COLANGELO

INTERIM CITY MANAGER
By __________ _

CENTURY COMMUNITIES OF CALIFORNIA,

LLC, A DELAWARE LIMITED LIABILITY

COMPANY
(PRINT NAME)
(SIGNA�
5 �Iv,.. Pc""·'�\­
(TITLE)
APPROVED BY CITY COUNCIL RESOLUTION NO. _____________ _ ON ______ , 20_.
9 EXHIBIT 1
523

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California h._. \ �vt��� r�t-')-
County of � 14- $01, ..
(insert name and title of the officer
personally appeared D.in-r. �1.,, I"[ S
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
(NOTARY FOR SUBDIVIDER)
10 eooeeeeefLOUIS M. ROBINSON Ill
Notary Public • Callfornla :

Alameda County !
Commission II 2482630
y Comm. Expires Mar 15, 2028
EXHIBIT 1
524

ACKNOWLEDGMENT
-- - - - - - - -- - A-nota�y-public-or-other-officer-completing-thi<>-�-----,­ certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.

State of California
County of ____________ __,
On ___________ before me, __________________ _
(insert name and title of the officer)
personally appeared-----------------�---------�
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________ _ (Seal)
(NOTARY FOR CITY MANAGER)
11 EXHIBIT 1
525

EXHIBIT A
CANNERY PARK UNIT NO. 15, VILLAGE J

LEGAL DESCRIPTION
Being a lot C as shown on the map entitled "Tract No. 4213, Cannery Park Unit No. 14 -Village _ _ __ _l",_ file_c:Un_Billlk ___ _oLMaps_a nd_f'lats,_at_e_age�,-also_being_a_portior1-0Llot-5----<ls sbowri on--___ _ the map entitled "Tract No. 3465, Cannery Park Unit No. l ", filed in Book 40 of Maps and Plats, at Page 51, both San Joaquin County Records, lying in Section l, Township :2 North, Range 6 East; Mount Diablo Meridian, City of Stockton, County-of San Joaquin, State of California, more particularly described as follows:

BEGINNING at a point distance North 2°48'08" West 627.71 feet from the Southeast corner of said Lot 5; thence, West l 60.91 feet; thence, South 9 .24 feet; thence, South 45°00'00" West 14.14 feet; thence, West 180.00 feet; thence, North 45°00'00" West 14.14 feet; thence, West 54.00 feet; thence, South 45°00'00" West 14.14 feet; thence, West 18 l .06 feet; thence, North 45°00'00" West

14.14 feet; thence, West 154.00 feet; thence, South 224.00 feet; thence, West 90.00 feet; thence, North 45°00'00" West 14.14 feet; thence, West 54.00 feet; thence, South 45°00'00" West

14.14 feet; thence, West 180.00 feet; thence, North 45°00'00" West 14.14 feet; thence, West 54.00 feet; thence, South 45°00'00" West 14.14 feet; thence, West 90.00 feel; thence, North 88.36 feet to a tangent curve concave to the Southwest, having a radius of 377.00 feet; thence, along said curve through a central angle of 23°52'50", an arc distance of 157.13 feet; thence, North 23°52'50" West 147.51 feet; thence, North 33°17'16" West 54.00 feet to a non-tangent curve concave to the Northwest, having a radius of 723.00 feet, at which a radial line bears South 33°17'16" East; thence, along said curve through a central angle of 03°07'36", an arc distance of 39.45 feet; thence, North 53°35'08" East 499.98 feet to a tangent curve concave to the Northwest, having a radius of 943.00 feet; thence, through a central angle of 21°37'53", an arc distance of 356.02 feet; thence, North 31 °57'15" East 98.27 feet to a tangent curve concave to the Southeast having a radius of 277.00 feet; thence, along said curve through a central angle of 24°24'56", an arc distance of 118.04 feet to a point of reverse curve concave to Northwest having a radius of 90.00 feet, at which a radial line bears South 33°37' 49" East; thence, along said curve through central angle of 03°51 '28", an arc distance of 6.06 feet; thence, North 52°30'43" East 60.02 feet to a tangent curve concave to the South having a radius of 64.00 feet; thence, along said curve through central angle of 36°07'47", an arc distance of 40.36 feet; thence, North 16°43'52" East, a distance of 20.78 feet; thence, North 61 °43'52" East 110.21 feet to the Northeasterly line of said lot 5; thence, along the Northeasterly line of said Lots the following five (5) courses: I l) South 29°35'46" East 96.88 feet; thence, (21 South 28°16'08" East 505.61 feet; thence, (31 South 22°04'50" East 187 .54 feet; thence, (41 South 09°20'57" East 198.35 feet; thence, (51 South 02°48'08" East 160.82 feet to THE POINT OF BEGINNING.

Containing 22.87 acres. more or less.

Subject to covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record, if any.

I /_;z J /.!o �.s:-
Date'