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Agda Pkt 2025.12.08 Joint SA PFA
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Agda Pkt 2025.12.08 Joint SA PFA
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Last modified
12/11/2025 11:32:33 AM
Creation date
12/11/2025 11:27:05 AM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
12/8/2025
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ATTY/AGR/2025-AMEND. NO. 2 - 1548 MAPLE SUBDIVISION IMPROVEMENT AGREEMENT <br />REV: 11-24-25 VR <br />Page 3 of 6 <br />Authorization”) and City performing or causing performance of the Abatement Work prior <br />to August 23, 2023 (“County Segment Outside Date”) (collectively, the “Blomquist <br />Extension Contingencies”); the Blomquist Extension Work is also contingent on <br />Developer obtaining from regulatory agencies, including the U.S. Army Corps of <br />Engineers, certain Non-County Authorizations (as defined in Section 3.3.C. of the <br />Development Agreement as amended by the Second Amendment to DA) required to <br />construct the Blomquist – Developer Segment and Blomquist - County Segment (“Non- <br />County Authorizations”). <br />H. Under Section 13.2 of the SIA, Developer is obligated to substitute and <br />increase the original performance security and labor and materials security if (i) the <br />Blomquist Work (as defined in the SIA) is not complete by the date that is 21 months after <br />the earlier of (a) the County Segment Outside Date or (b) the County Authorization, to an <br />amount equal to 100% of the Escalated Cost of the Blomquist Work (as defined in the <br />SIA). <br />I. On or about May of 2023, Developer completed and City accepted certain <br />Non-Blomquist Work consisting of the majority of the Blomquist-City Segment and certain <br />Maple Street improvements, the total value of which was estimated at $6,528,850, at <br />which time City approved a reduction in the amount of the Non-Blomquist Work <br />performance security to $14,894,250. <br />J. City and Developer desire to amend the SIA (i) to memorialize and confirm <br />timely satisfaction of the Blomquist Extension Contingencies, (ii) increase the amounts of <br />the Blomquist Work performance and labor materials security as required by Section 13.2 <br />of the SIA, (iii) memorialize Developer’s satisfactory completion of certain of the Non- <br />Blomquist Work, (iv) provide for the surety company which issued improvement security <br />guaranteeing Developer’s obligations under the SIA to represent, warrant and confirm <br />that all surety bonds previously issued for the benefit of City, including performance and <br />labor and materials bonds, remain in full force and effect and continue to guaranty <br />Developer’s obligations to construct and install the Work and Improvements pursuant to <br />the terms of the SIA, as amended hereby, with such written confirmation to be in form <br />reasonably acceptable to City, and (v) set forth a process by which City may initiate <br />proceedings to revert the Property to acreage pursuant to Government Code Sections <br />66499.11 et seq., if Developer has not completed construction of all Work and <br />Improvements by a date certain, all as more particularly set forth herein. <br />A G R E E M E N T S <br />NOW, THEREFORE, in consideration of the faithful performance of the terms and <br />conditions set forth in this Second Amendment, the Parties hereto agree as follows: <br /> <br />9.C. - Page 29 of 56 <br />573
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