HomeMy WebLinkAboutAgenda Report - August 3, 2005 E-13AGENDA ITEM E"4$
&1&% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Approving Temporary Stone Drainage Basin Agreement for
Westgate Shopping Center
MEETING DATE: August 3, 2005
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That City Council adopt a resolution approving the Temporary Storm
Drainage Basin Agreement for Westgate Shopping Center and direct
the City Manager and City Clerk to execute the agreement on behalf of
the City.
BACKGROUND INFORMATION: The parcels located at 333, 363, 425 and 515 South Lower Sacramento
Road (APN 027-400-05, 027-400-07, 027-400-08 and 027-400-09,
respectively), and 2500 and 2650 West Lodi Avenue (APN 027-400-06 and
027-400-04, respectively), as shown on Exhibit A, and collectively
referred to as Westgate Shopping Center, were created by a parcel map filed on December 30, 2002, in
Book 22 of Parcel Maps, on Page 124 in the Office of the San Joaquin County Recorder. Since the parcels are
located in the area covered by the Westside Facilities Master Plan, dated January 26, 2001, and public storm
drainage basin facilities included in the master plan have not yet been constructed, the developer/owner,
Kristmont West, Inc., was required, as a condition of approval of the parcel map, to provide privately owned and
maintained storm drainage facilities, including a temporary storm drainage basin, until public storm drainage
facilities become available. The use of a temporary, privately owned and maintained storm drainage basin to
meet the storm drainage needs of the parcels, as well as the parcel located at 617 South Lower Sacramento
Road (APN 027-400-10), had been previously approved by the City Council on January 16, 2002.
The temporary private storm drainage basin has subsequently been constructed in conjunction with
Building Permit Nos. B09384 through B09387 issued for construction of a mini -storage facility at
2650 West Lodi Avenue (APN 027-400-04). Under the terms of the Improvement Agreement for Public
Improvements of 2650 West Lodi Avenue approved by the City Council on June 2, 2004, for that project, the
developer is required to enter into a separate agreement with the City covering the operation and maintenance
of the temporary private storm drainage basin.
The required Temporary Storm Drainage Basin Agreement has been executed by the developer. A copy of
the agreement is attached as Exhibit B. Staff recommends that the Council adopt a resolution approving the
agreement and authorizing the City Manager and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: All costs paid by developer.
FUNDING AVAILABLE: Not applicable.
Richard C. Prima, J
Public Works Director
Prepared by Sharon A. Welch, Senior Civil Engineer
RCP/SAW/
Attachments
cc: Street Superintendent Senior Civil Engineer Fujitani
Senior Civil Engineer Welch Kristmont West, Inc.
APPROVED: r
Blair King, Manager
J- DEV _SERVSCC_SDBasi n MaintAgmt_W estgate. doc 7122/2005
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EXHIBIT A
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EXHIBIT B
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
TEMPORARY STORM DRAINAGE BASIN AGREEMENT
WESTGATE SHOPPING CENTER
APN
027-400-04
APN
027-400-05
APN
027-400-06
APN
027-400-07
APN
027-400-08
APN
027-400-09
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter "City", and KRISTMONT WEST, INC., a California corporation,
hereinafter "Developer" (collectively the "Parties").
RECITALS:
WHEREAS, Developer is the owner of real property located at 333, 363, 425 and 515
S. Lower Sacramento Road (APN 027-400-05, 027-400-07, 027-400-08 and 027-400-09,
respectively), and 2500 and 2650 W. Lodi Avenue (APN 027-400-06 and 027-400-04,
respectively) (collectively the "Parcels"); and
WHEREAS, Developer filed a parcel map on December 30, 2002, in Book 22 of Parcel Maps,
at Page 124 in the Office of the San Joaquin County Recorder, creating the Parcels from the
existing parcel at 333 S. Lower Sacramento Road (formerly APN 027-040-04) known as
Westgate Shopping Center; and
WHEREAS, public storm drainage facilities are not available to serve the Parcels and
Developer is required, as a condition of approval of the Westgate Shopping Center parcel
map, to provide privately owned and maintained storm drainage facilities, including a
temporary storm drainage basin, until public storm drainage facilities become available to
serve the Parcels; and
WHEREAS, the use of a temporary, privately owned and maintained storm drainage basin to
meet the storm drainage needs of the Parcels, as well as the parcel located at 617 S. Lower
Sacramento Road (APN 027-400-10), was approved by the City Council on January 16, 2002;
and
WHEREAS, said temporary private storm drainage basin was constructed in conjunction with
Building Permit Nos. B09384 through B09387 issued for construction of a mini -storage facility
located at 2650 W. Lodi Avenue (APN 027-400-04); and
WHEREAS, said temporary private storm drainage basin has been constructed within the
proposed future right-of-way required for the extension of Tokay Street and provisions need to
be made for either the relocation of said basin or the realignment of the future extension of
Tokay Street; and
Page 1 of 4
\\CVCADCO2\PUBLIC WORKS\DEV_SERV\Developments\Commercial-Industrial\Westgate Shopping
Center\SDBasin Main tAgrn Rev.doc
WHEREAS, provisions need to be made for the ongoing maintenance, repair, replacement
and ultimate removal of the private storm drain basin serving the Parcels;
NOW THEREFORE, the Parties agree as follows:
Those parcels known as 333, 363, 425, 515 and 617 S. Lower Sacramento Road
(APN 027-400-05, 027-400-07, 027-400-08, 027-400-09 and 027-400-10, respectively),
and 2500 and 2650 W. Lodi Avenue (APN 027-400-06 and 027-400-04, respectively), as
shown on Exhibit A, comprise the entire drainage service area to be serviced by the
relocated temporary storm drainage basin. Changes to the drainage service area or
drainage basin configuration, if any, following execution of this Agreement require City
Council approval.
2. In order to relocate the existing storm drainage basin outside of the future Tokay Street
right-of-way and allow construction of full width street improvements at the time of
extension of Tokay Street, Developer agrees to complete one of the alternatives listed
below prior to September 15, 2005.
a) Prepare engineered plans for the removal and reconstruction the existing storm
drainage basin outside of the future Tokay Street right-of-way, restore the ground
within the street right-of-way to its original or better condition, and dedicate a street
easement for the future Tokay Street extension, all to the approval of City's Public
Works Department; or
b) Provide a written agreement between the Developer and the owner of the adjacent
parcel to the south (APN 027-400-12) allowing the entire Tokay Street right-of-way to
be located on Assessor's Parcel Number 027-400-12.
If Developer chooses alternative a) above, Developer shall provide on-site inspection by a
licensed geotechnical engineer during all compaction and restoration operations within the
future Tokay Street right-of-way. Developer shall submit to City a final compaction report
from the geotechnical engineer stating that all work was performed in conformance with
the geotechnical report for the project and containing all verified compaction test results.
In addition, Developer's engineer shall submit the legal description for the street easement
for the Tokay Street extension to the City. An easement deed will be prepared by City staff
for execution by Developer.
If Developer pursues one of the above alternatives in a diligent manner and there are
delays that are beyond Developer's control, Developer may submit a written request for an
extension of the September 15, 2005 performance deadline to City's Public Works Director
for approval. Approval of Developer's request for extension of the performance deadline
will not be unreasonably withheld by the City's Public Works Director.
3. Developer shall operate and maintain the temporary private storm drainage basin at its
sole cost and expense. Maintenance shall include, but is not limited to, dust control and
the removal and disposal of accumulated silt, weeds and debris within the basin, and
maintenance of fencing along the basin perimeter, all to the approval of City's Public
Works Department. Should Developer fail to perform emergency maintenance or fail to
perform other maintenance within two (2) days of written notice by the City, Developer
shall reimburse the City for any expenses incurred by City in the performance of
emergency or other maintenance on the temporary storm drainage basin due to
Developer's failure to perform.
Page 2 of 4
\\CVCADCO2\PUBLIC WORKS\DEV_SERV\Developments\Commercial-Industrial\Westgate Shopping
Center\SDBasinMaintAgmtRev.doc
4. Developer shall provide City's Public Works Department with a key to the gate on the basin
fence for emergency access to the basin. The Developer shall also post signs containing
emergency contact information (names, phone numbers, etc.) on the fence.
5. Developer shall continue operation and maintenance of the temporary private storm
drainage basin until a permanent public storm drainage facility is constructed and
operational.
6. Within one hundred eighty (180) days after written notice from the City that public storm
drainage facilities are available, Developer shall remove the temporary storm drainage
basin, compact and restore the basin site to its original or better condition and connect the
on-site private drainage facilities to the public storm drain system, all to the approval of
City's Public Works Department.
7. Developer shall provide the City with a copy of an executed shared use, maintenance and
operation agreement for all parties served by the temporary private storm drainage basin.
8. Developer agrees to save, defend, indemnify and hold harmless the City, its officers,
elected and appointed officials, agents and employees, from liability for injury or damage of
any nature to persons or property resulting from Developer's construction, use, operation
and maintenance of the private storm drain basin.
9. This Agreement shall run with the land and be binding on the Developer, its officers,
directors, shareholders, successors and assigns.
10. All correspondence to Developer shall be mailed to the following address:
Kristmont West, Inc.
7700 Couf40= I&ZO amu. i I
Attention: e4 -e_ 1>
11. All correspondence to City shall be mailed to the following address:
Public Works Director
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
12. This Agreement constitutes the whole and only existing and binding agreement between
the Parties hereto on the subject matter hereof, superseding all prior understandings,
whether written or oral. Other than the representations expressly stated as such in this
Agreement, there are no warranties, promises or representations of any kind, express or
implied, upon which either Party has relied in entering into this Agreement, or as to the
future relations or dealings of the Parties.
13. In the event either party to this Agreement breaches the terms, conditions and covenants
of this Agreement, then, the prevailing party in any suit to enforce this Agreement or
restrain the breach thereof, shall in addition to any other relief or damages awarded, be
Page 3 of 4
\\CVCADCO2\PUBLIC WORKS\DEV_SERV\Developments\Commercial-Industrial\Westgate Shopping
Center\SDBasin Main tAgmtRev.doc
entitled to reasonable attorney's fees and all costs of suit to be set and determined by a
court of competent jurisdiction and added to any judgment obtained by the prevailing party.
14. The provisions of this Agreement shall be governed by the laws of the State of California,
including any action arising out of this Agreement. Venue for any action arising out of this
Agreement shall be with the San Joaquin County Superior Court.
15, This Agreement shall be recorded in the office of the San Joaquin County Recorder,
P. O. Box 1968, Stockton, California, 95201-1968.
16. Each individual executing this Agreement on behalf of an entity represents and warrants
that he or she is a duly authorized representative of that entity with full power and authority
to bind the entity to each term and condition thereof.
17. IN WITNESS WHEREOF, the undersigned acknowledge that they have read and
understand the foregoing Agreement.
KRISTMONT WEST, INC.
Dated OAAV-K 4—C "ICS , F"s,1kA+<irJT-
By:
CITY OF LODI, a Municipal Corporation
By:
Blair King, City Manager
ATTEST:
Susan J. Blackston, City Clerk
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attorney
By:
Janice D. Magdich, Deputy City Attorney
Page 4 of 4
(CORPORATE SEAL)
Dated
Dated
\\CVCADCO2\PUBLIC WORKS\DEV_SERV\Developments\Commercial-Industrial\Westgate Shopping
Cen ter\SDBasinMaintAgmtRev.doc
c, �:•CITY OF 1 EXHIBIT
PUBLIC WORKS DEPARTMENT DRAINAGE SERVICE AREA
N.T.S.
MADEVSERV\RALEYSexhibit.dwg, 5/4/2005 10:54:59 AM, jmatsumoto
LODI AVENUE
APN 027-400-06-
2500 WEST LODI AVENUE
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APN 027-400-08
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425 S. LOWER SACRAMENTO ROAD
APN 027-400-09
515 S. LOWER SACRAMENTO ROAD
APN 027-400-10
617 S. LOWER SACRAMENTO ROAD
N.T.S.
MADEVSERV\RALEYSexhibit.dwg, 5/4/2005 10:54:59 AM, jmatsumoto
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of %x see,rrt
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On 7 /-Z- b S� before me, _1/C_ F -1C, Y %,� 7 S
Date G Name and Title of Onicer e.g., 'Jane Coe. Notary Public-)
personally appeared - �� roc _7s_>
Name(s) of Signers)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(N whose name(') is/afe-
subscribed to the within instrument and
acknowledged to me that he/sbeAhey executed
ERIC RICHIPlS the same in his/heffthi r authorized
-t Comm. # 1411917 capacity(Tes} and that by his/her/their
NOTARY PUBLIC -CALIFORNIA signatureN on the instrument the person(N, or
Sacramento County the entity upon
My Comm. Expires Feb. 23,2008 Y p behalf of which the person(N
acted, executed the instrument.
WITNESSmyhand and offial seal
nat a of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
10 144
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 Do Solo Ave., PO. Box 2402 • Chatsworth, CA 91717-2402 • www.NationalNotary.org Prod. No. 5907 Reorder: Call Tall -Free 1.800-676.6827
RESOLUTION NO. 2005-154
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING TEMPORARY STORM DRAINAGE BASIN
AGREEMENT FOR WESTGATE SHOPPING CENTER
WHEREAS, the parcels located at 333, 363, 425, and 515 South Lower Sacramento Road
(APNs 027-400-05, 027-400-07, 027-400-08, and 027-400-09, respectively) and 2500 and 2650 West Lodi
Avenue (APNs 027-400-06 and 027-400-04, respectively), as shown on Exhibit A attached, are collectively
referred to as Westgate Shopping Center and were created by a parcel map filed on December 30, 2002,
in Book 22 of Parcel Maps, on Page 124 in the Office of the San Joaquin County Recorder; and
WHEREAS, since the parcels are located in the area covered by the Westside Facilities Master
Plan, dated January 26, 2001, and public storm drainage basin facilities included in the master plan have
not yet been constructed, the developer/owner, Kristmont West, Inc., was required, as a condition of
approval of the parcel map, to provide privately -owned and -maintained storm drainage facilities, including
a temporary storm drainage basin, until public storm drainage facilities become available; and
WHEREAS, the use of a temporary, privately -owned and -maintained storm drainage basin to
meet the storm drainage needs of the parcels, as well as the parcel located at 617 South Lower
Sacramento Road (APN 027-400-10), had been previously approved by the City Council on January 16,
2002; and
WHEREAS, the temporary private storm drainage basin has subsequently been constructed in
conjunction with Building Permit Nos. B09384 through B09387 issued for construction of a mini -storage
facility at 2650 West Lodi Avenue; and
WHEREAS, under the terms of the Improvement Agreement for Public Improvements of
2650 West Lodi Avenue, approved by the City Council on June 2, 2004, for that project, the developer is
required to enter into a separate agreement with the City covering the operation and maintenance of the
temporary private storm drainage basin; and
WHEREAS, staff recommends that the City Council approve a Temporary Storm Drainage Basin
Agreement, as shown on Exhibit 8 attached.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the
Temporary Storm Drainage Basin Agreement for Westgate Shopping Center; and
BE IT FURTHER RESOLVED that the Lodi City Council hereby authorizes and directs the City
Manager to execute the agreement on behalf of the City.
Dated: August 3, 2005
I hereby certify that Resolution No. 2005-154 was passed and adopted by the City Council of the
City of Lodi in a regular meeting held August 3, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchock, Johnson, Mounce,
and Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
I
CITY OF LOD
PUBLIC WORKS DEPARTME
EXHIBIT A :3
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EXHIBIT B
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
TEMPORARY STORM DRAINAGE BASIN AGREEMENT
WESTGATE SHOPPING CENTER
APN
027-400-04
APN
027-400-05
APN
027-400-06
APN
027-400-07
APN
027-400-08
APN
027-400-09
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter "City", and KRiSTMONT WEST, INC., a California corporation,
hereinafter "Developer" (collectively the "Parties").
RECITALS:
WHEREAS, Developer is the owner of real property located at 333, 363, 425 and 515
S. Lower Sacramento Road (APN 027-400-05, 027-400-07, 027-400-08 and 027-400-09,
respectively), and 2500 and 2650 W. Lodi Avenue (APN 027-400-06 and 027-400-04,
respectively) (collectively the "Parcels"); and
WHEREAS, Developer filed a parcel map on December 30, 2002, in Book 22 of Parcel Maps,
at Page 124 in the Office of the San Joaquin County Recorder, creating the Parcels from the
existing parcel at 333 S. Lower Sacramento Road (formerly APN 027-040-04) known as
Westgate Shopping Center; and
WHEREAS, public storm drainage facilities are not available to serve the Parcels and
Developer is required, as a condition of approval of the Westgate Shopping Center parcel
map, to provide privately owned and maintained storm drainage facilities, including a
temporary storm drainage basin, until public storm drainage facilities become available to
serve the Parcels; and
WHEREAS, the use of a temporary, privately owned and maintained storm drainage basin to
meet the storm drainage needs of the Parcels, as well as the parcel located at 617 S. Lower
Sacramento Road (APN 027-400-10), was approved by the City Council on January 16, 2002;
and
WHEREAS, said temporary private storm drainage basin was constructed in.00njunction with
Building Permit Nos. 809384 through B09387 issued for construction of a mini -storage facility
located at 2650 W. Lodi Avenge (APN 027-400-04); and
WHEREAS, said temporary private storm drainage basin has been constructed within the
proposed future right-of-way required for the extension of Tokay Street and provisions need to
be made for either the relocation of said basin or the realignment of the future extension of
Tokay Street; and
Page 1 of 4
11CV ADCO2FLIBLIC WORKSUEN_SERVOevelopmeMsiCornmerdal-industfiahWestBate Showng
f anteA8M asinMainbkgmt1tev.doc
WHEREAS, provisions need to be made for the ongoing maintenance, repair, replacement
and ultimate removal of the private storm drain basin serving the Parcels;
NOW THEREFORE, the Parties agree as follows:
1. Those parcels known as 333, 363, 425, 515 and 617 S. Lower Sacramento Road
(APN 027-400-05, 027-400-07, 027-41D0-08, 027-400-09 and 027-400-1-0, respectively),
and 2500 and 2650 W. Lodi Avenue (APN 027-400-06 and 027-400-04, respectively), as
shown on Exhibit A, comprise the entire drainage service area to be serviced by the
relocated temporary storm drainage basin. Changes to the drainage service area or
drainage basin configuration, if any, following execution of this Agreement require City
Council approval.
2. In order to relocate the existing storm drainage basin outside of the future Tokay Street
right-of-way and allow construction of full width street impfovements at the time of
extension of Tokay Street, Developer agrees to complete one of the alternatives listed
below prior to September 15, 2005.
a) Prepare engineered plans for the removal and reconstruction the existing storm
drainage basin outside of the future Tokay Street right-of-way, restore the ground
within the street right-of-way to its original or better condition, and dedicate a street
easement for the future Tokay Street extension, all to the approval of City's Public
Works Department; or
b) Provide a written agreement between the Developer and the owner of the adjacent
parcel to the south (APN 027-400-12) allowing the entire Tokay Street right-of-way to
be located on Assessor's Parcel Number 027-400-12.
If Developer chooses alternative a) above, Developer shall provide on-site inspection by a
licensed geotechnical engineer during all compaction and restoration operations within the
future Tokay Street right-of-way. Developer shall submit to City a final compaction report
from the geotechnical engineer stating that all work was performed in conformance with
the geotechnical report for the project and containing all verified compaction test results.
In addition, Developer's engineer shall submit the legal description for the street easement
for the Tokay Street extension to the City. An easement deed will be prepared by City staff
for execution by Developer.
If Developer pursues one of the above alternatives in a diligent manner and there are
delays that are beyond Developer's control, Developer may submit a written request for an
extension of the September 15, 2005 performance deadline to City's Public Works Director
for approval. Approval of Developer's request for extension of the performance deadline
will not be unreasonably withheld by the City's Public Works Director.
3. Developer shall operate and maintain the temporary private storm drainage basin at its
sole cost and expense. Maintenance shall include, but is not limited to, dust control and
the removal and disposal of accumulated silt, weeds and debris within the basin, and
maintenance of fencing along the basin perimeter, all to the approval of City's Public
Works Department. Should Developer fail to perform emergency maintenance or fail to
perform other maintenance within two (2) days of written notice by the City, Developer
shall reimburse the City for any expenses incurred by City in the performance of
emergency or other maintenance on the temporary storm drainage basin due to
Developer's failure to perform.
Page 2 of 4
11CVCA00O2%PU8UC woRKSM)EV_SERVtDeveb n-&--MlCommercial-lndustriahWestgate Shopping
CentertSD8asinMai"n'lRev doe
4. Developer shall provide City's Public Works Department with a key to the gate on the basin
fence for emergency access to the basin. The Developer shall also post signs containing
emergency contact information (names, phone numbers, etc.) on the fence.
5. Developer shall continue operation and maintenance of the temporary private storm
drainage basin until a permanent public storm drainage facility is constructed and
operational.
6. Within one hundred eighty (180) days after written notice from the City that public storm
drainage facilities are available, Developer shall remove the temporary storm drainage
basin, compact and restore the basin site to its original or better condition and connect the
on-site private drainage facilities to the public storm drain system, all to the approval of
City's Public Works Department.
7. Developer shall provide the City with a copy of an executed shared use, maintenance and
operation agreement for all parties served by the temporary private storm drainage basin.
8. Developer agrees to save, defend, indemnify and hold harmless the City, its officers,
elected and appointed officials, agents and employees, from liability for injury or damage of
any nature to persons or property resulting from Developer's construction, use, operation
and maintenance of the private storm drain basin.
9. This Agreement shall run with the land and be binding on the Developer, its officers,
directors, shareholders, successors and assigns.
10. All correspondence to Developer shall be mailed to the following address:
Kristmont West, Inc.
16>ke_` 2 A-4w1e41Xry 4a* 9 58 2-(o
Attention: 3N1 it K_..LL's
11. All correspondence to City shall be mailed to the following address:
Public Works Director
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-191-0
12. This Agreement constitutes the whole and only existing and binding agreement between
the Parties hereto on the subject matter hereof, superseding all prior understandings,
whether written or oral. Other than the representations expressly stated as such in this
Agreement, there are no warranties, promises or representations of any kind, express or
implied, upon which either Party has relied in entering into this Agreement, or as to the
future relations or dealings of the Parties.
13. In the event either party to this Agreement breaches the terms, conditions and covenants
of this Agreement, then, the prevailing patty in any suit to enforce this Agreement or
restrain the breach thereof, shall in addition to any other relief or damages awarded, be
Page 3 of 4
\1CvcADC42fUBLlc wORKSNOE%,_SC- ViDevekWmrMs%CommemW-industdanWestgate Shopping
C,eMer1SD$a9nManftm*%ev.doc
entitled to reasonable attorney's fees and all costs of suit to be set and determined by a
court of competent jurisdiction and added to any judgment obtained by the prevailing party.
14. The provisions of this Agreement shall be governed by the laws of the State of California,
including any action arising out of this Agreement. Venue for any action arising out of this
Agreement shall be with the San Joaquin County Superior Court.
15. This Agreement shall be recorded in the office of the San Joaquin County Recorder,
P. O. Box 1968, Stockton, California, 95201-1965.
16. Each individual executing this Agreement on behalf of an entity represents and warrants
that he or she is a duly authorized representative of that entity with full power and authority
to bind the entity to each term and condition thereof.
17. IN WITNESS WHEREOF, the undersigned acknowledge that they have read and
understand the foregoing Agreement.
KRISTMONT WEST, INC.
Dated N£S , ?"s %b4iT
By:
(CORPORATE SEAL)
CITY OF LODI, a Municipal Corporation
By:
Blair King, City Manager
ATTEST;
Susan J. Blackston, City Clerk
APPROVED AS TO FORM:
Dated
Dated
D. Stephen Schwabauer, City Attorney
By:
Janice D. Magdich, Deputy City Attorney
Page 4 of 4
ACVCA[)=*UU1C 'WORKSODEV_SERVOevefopm&ft Comff*rcia!-IndusMaRWeslgale Shopping
Cw*--ASMm1nMainb%0r4Rev.doc
Mm CITY OF LODI EXHIBIT A
PUBLIC WORKS DEPARTMENT DRAINAGE SERVICE AREA
K4'10EVS6RVIRALEYSexhiWt,dwg, SW20DS 10'54-59 AM, VnMvjn ota
LODI AVENUE
APN 027-400-06
2500 WEST LODI AVENUE
u� p
o > APN 027-400-05 v
Q 333 S. LOWER SACRAMENTO ROAD 0
NiAPN 027-400-07 __.J W
o 0 363 S. LOWER SACRAMENTO ROAD
Q
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O
APN 027-400-08
425 S. LOWER SACRAMENTO ROAD
APN 027-400-09
515 S. LOWER SACRAMENTO ROAD
APN 027-400-10
617 S. LOWER SACRAMENTO ROAD
N.T.S.
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CALIPOIOt1IA ALL-PUMPOSIE ACKNOWLEDGMENT
State of California
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personally appeared AL 1' —AiA2 —
personally known to me
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evidence
to be the person(84 whose name(v) isldre-
subscribed to the within instrument and
acknowledged to me that heisle'they► executed
-ERIC RICHINS the same in histheNlheir authorized
Comm. 111471917 capacity(4*, and that by hisfherltheir
4lotAM PUBLIC-CAtlFMIA slgnatureN on the instrument the person(, or
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acted, executed the instrument.
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OPTIONAL
ThougM1 ase infttnation bek w is trot rmgt*W by low, u may prove vAqutble ao Pemgns MO&V an rte document and Could prevent
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Description of Attached Document
Tolle or Type of Document:
Document Date. Number of Pages:
Signe(s) Other Than Named !Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 tndividual Top a aar+n here
❑ Corporate Officer -- Tdle(s):
0 Partner — ❑ UrrAted ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian of Conservator
❑ Other:
Signer Is Representing.
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CITY COUNCIL
JOHN BECKMAN, Mayor
SUSAN HITCHCOCK
Mayor Pro Tempore
LARRY D. HANSEN
BOB JOHNSON
JOANNE L. MOUNCE
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
July 28, 2005
Mr. Blake Griffin
Kristmont West, Inc.
7700 College Town Drive, Suite 111
Sacramento, CA 95826
BLAIR KING
City Manager
SUSAN J. BLACKSTON
City Clerk
D. STEVEN SCHWABAUER
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
SUBJECT: Adopt Resolution Approving Temporary Storm Drainage Basin Agreement
for Westgate Shopping Center
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, August 3, 2005. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Counci: Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Susan Blackston, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch,
Senior Civil Engineer, at (209) 333-6800, extension 2659.
Richard C. Prima, Jr.
r ' Public Works Director
RCP/pmf
Enclosure
cc: City Cie*
NCC_SDBASINMAINTAGMT_W ESTGATE.DOC