HomeMy WebLinkAboutAgenda Report - November 21, 2007 E-13'06
AGENDA ITEM & !
im CITY OF LODI
,. - COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Approving Time Extension for Pixley Park Agreements
with G -REM, Inc.
MEETING DATE: November21,2007
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving the attached Supplemental Agreement
to the Pixley Park Property Exchange Agreement providing for a
time extension for the Pixley Park Land Exchange Agreement and
the Improvement Agreement for the Public Improvements of
Pixley Park Site Grading and authorizing the City Manager and City Clerk to execute the agreement on
behalf of the City.
BACKGROUND INFORMATION: The City and the developer, G -REM, Inc., entered into a land
exchange agreement in December2004 (Resolution No. 2004-248)
per City Council's direction. As shown on ExhibitsA and B, the land
exchange agreement adjusts the property lines to reconfigure the
Pixley Park C -Basin to allow development of the park site per the approved Pixley Park Conceptual Plan.
As part of the land exchange agreement, the developer agreed to construct all the required frontage
improvements fronting the proposed park site on Auto Center Drive and to excavate the basin to conform
to the final grading of the future park layout. The developer also agreed to provide design services for
the future storm drain pump station and park landscaping and irrigation system with the associated cost
to be reimbursed by the City. The land exchange agreement gave the developer until December 2007 to
complete the obligations of the agreement.
The developer has entered into a separate improvement agreement with the City to cover the storm
drainage facility improvements and grading of the basin. The work was to be completed by
October 31, 2007. The developer's contractor has completed the majority of the public improvements
and excavated half of the basin. But, for various reasons, the grading of the basin will not be completed
by the agreed date. Not unlike City basin excavation projects, the developer's contractor anticipated
being able to sell dirt to be used as fill on other projects. These projects have not materialized as
expected, but it is reasonableto expect they will occur during the requested extension.
The developer is requesting to extend the completion date of the improvement agreement and the
original land exchange agreement to allow extra time to complete all the required improvements and
grading of the park site. Since the City does not currently have funds to construct the proposed features
at the park site, staff supports an extension to the completion date of the basin excavation and land
exchange.
APPROVED
Blair, City Manager
KAWPIDEV_SERV1Pix1ey Park1CC_AddeRda.doc
11/1612007
Adopt Resolution Approving Time Extensionfor Pixley Park Land Agreements with G -REM, Inc.
November21,2007
Page 2
In the proposed supplemental agreement, the developer agrees to, at the developer's expense, design
and install slope protection on the east, north, and west slopes of the excavated basin. The City agrees
to remove the developer's responsibilityto provide design services for the future storm drain pump
station and park landscaping and irrigation system, which was to be reimbursed by the City as stated in
the original land exchange agreement. The City also agrees to extend the completion date of
improvement acceptance and land exchange to December 31,2009.
The developer has executed the supplemental agreement and paid the document preparation fees.
FISCAL IMPACT: There will be no direct fiscal impact on the extension of the basin
excavation and land exchange completion date. However, the value to the
City of the additional slope protection work is approximately $300,000.
Since developmentof the basin/park is a numberof years in the future, the
slope protection work will reduce potential maintenance costs.
FUNDING AVAILABLE: Not applicable.
Richard C. Prima,
Public Works Director
Prepared by Lyman Chang. Senior Civil Engineer
RCP/LC/pmf
Attachments
cc: City Attorney
G -REM, Inc.
Park Superintendent
Streets and Drainage Manager
KIWPIDEV_SERVIPixley Park\CC_Addenda.doc 1111612007
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
SUPPLEMENTAL AGREEMENT
to the
PIXLEY PARK
PROPERTY EXCHANGE AGREEMENT
AND
IMPROVEMENT AGREEMENT
This SUPPLEMENTAL AGREEMENT to the PIXLEY PARK PROPERTY EXCHANGE AGREEMENT
and the IMPROVEMENT AGREEMENT FOR THE PUBLIC IMPROVEMENTS OF PIXLEY PARK
SITE GRADING (hereinafter "SUPPLEMENTAL AGREEMENT") is made and entered into by and
between the CITY OF LODI, a municipal corporation, hereinafter "City" and GFLIP III, L. P., a California
Limited Partnership, hereinafter "Developer".
RECITALS:
WHEREAS, the parties entered into the Pixley Park Property Exchange Agreement dated November 29,
2004 (hereinafter "EXCHANGE AGREEMENT"), to address the responsibilities of City and of Developer
for the Pixley Park property exchange; and
WHEREAS, the parties have entered into the Addendum to the Pixley Park Property Exchange Agreement
dated March 29, 2006, to address the grading of the Pixley Park site; and
WHEREAS, the parties have entered into an Improvement Agreement for the Public Improvements of
Pixley Park Site Grading (hereinafter "IMPROVEMENT AGREEMENT"), to address public
improvements and grading of the Pixley park site; and
WHEREAS, the Developer is responsible for excavating and grading the future Pixley Park site in
conformance with the approved Conceptual Pixley Park Master Plan; and
WHEREAS, the Developer is responsible for installing street frontage improvements along the Pixley Park
site; and
WHEREAS, the City is responsible for reimbursing Developer for the design of the future storm drainage
pump station at Vine Street and Cluff Avenue; and
WHEREAS, the City is responsible for reimbursing Developer for the design of the Pixley Park site
irrigation, turfing, and project construction cost estimate; and
WHEREAS, all the conditions of the EXCHANGE AGREEMENT and the IMPROVEMENT
AGREEMENT are to be completed by December 1, 2007; and
K:\WP\DEV_SERV\Pixley Park\CC_Addenda Attachment Revised.doc I
WHEREAS, the Developer desires to extend the terms of the EXCHANGE AGREEMENT and
IMPROVEMENT AGREEMENT to allow additional time for the basin excavation at the Pixley Park site.
NOW THEREFORE, in consideration of the mutual convenants and conditions herein contained, it is
hereby agreed by and between the parties as follows:
1. That this document supplements the Pixley Park Property Exchange Agreement, Addendum to the
Pixley Park Property Exchange Agreement, and the Improvement Agreement for the Public
Improvements of Pixley Park Site Grading previously executed by the parties.
2. The parties agree to extend the completion date of the required improvements and property exchange
as set forth in the various agreements entered into by the parties and described in paragraph 1 above, to
and including December 31, 2009.
3. City agrees to the deletion of Item Number 12 from the EXCHANGE AGREEMENT regarding the
design service for the storm drainage pump station and the park site landscape and irrigation.
4. Developer agrees to design and install slope protection on the easterly, northerly and westerly slopes
of the graded basin at the Pixley Park site to the City's specifications and approval. The slope
protection shall consist of approved vegetation and irrigation elements. Developer agrees to pay all of
the required plan check fees, design cost and installation cost. Developer further agrees to maintain
the vegetation and irrigation elements (includes weed and debris removal, replacement of dead and
dying vegetation, and adjustment and replacement of irrigation facilities) at the Developer's expense
for a period of two (2) years after the acceptance of the improvements by City.
5. The parties agree that the following paragraph shall replace Paragraph 15 of the IMPROVEMENT
AGREEMENT regarding Repair or Reconstruction of Defective Work:
Repair or Reconstruction of Defective Work
If, within a period of 2 year after final acceptance by City 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 Developer, or any of the work done under this agreement, including the mitigation
measures for dust and erosion control, fails to fulfill any of the requirements of this agreement plans
and specifications referred to herein, Developer and Developer's surety shall, without delay and
without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Developer or Developer's surety fail to act promptly or in
accordance with this requirement, or should the exigencies of the case require repairs or replacements
to be made before Developer can be notified, City may, at its option, make the necessary repairs or
replacements or perform the necessary work, and Developer shall pay to City the actual cost of such
repairs plus 15% for administration and overhead costs.
K:\WP\DEV_SERV\Pixley Park\CC_Addenda Attachment Revised.doc 2
6. Developer agrees to provide warranty security as follow:
At least two weeks prior to the hearing on City's acceptance of the project improvements, Developer
shall furnish Warranty Security of at least 10% of the total cost of the actual project cost in favor of
City. The warranty period for the entire project shall be two (2) years following the date of final
acceptance of the improvements by City Council..
7. Developer shall provide and keep current the necessary securities and insurance as specified in the
IMPROVEMENT AGREEMENT and EXCHANGE AGREEMENT.
8. All other terms and conditions of the IMPROVEMENT AGREEMENT and EXCHANGE
AGREEMENT shall remain unchanged.
9. Developer agrees to pay all additional costs for preparation and execution of this SUPPLEMENTAL
AGREEMENT.
10. This SUPPLEMENTAL AGREEMENT shall run with the land and be binding on the Owner, its heirs,
successors or assigns.
11. A copy of this SUPPLEMENTAL AGREEMENT shall be recorded in the office of the San Joaquin
County Records, P. O. Box 1968, Stockton, California 95201-1968.
12. Any notice required to be given by the terms of this SUPPLEMENTAL AGREEMENT shall be in
writing signed by an authorized representative of the sender and shall be deemed to have been given
when the same is personally served or upon receipt by express or overnight delivery, postage prepaid,
or in three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid,
addressed to the respective parties as follows:
Notices required to be given to City shall be addressed as follows:
Richard C. Prima, Jr.
Public Works Director
City of Lodi
P. O. Box 3006
Lodi, CA 95240-1910
Notices required to be given to Owner shall be addressed as follows:
GFLIP III L. P., A California Limited Partnership
K:\WP\DEV_SERV\Pixley Park\CC_Addenda Attachment Revised.doc
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing
opposite their names.
Dated
Dated:
Approved as to form:
CITY OF LODI, a municipal corporation
2007 By:
Blair King, City Manager
2007
Randi Johl, City Clerk
GFLIP 111, L. P., A California Limited Partnership
(CORPORATE SEAL)
JANICE D. MAGDICH ✓
Deputy Chy Attorney rC
Dated:
CADocuments and Settingsljmagdich\Local SettingsUemporary Internet Files10LK21CC_Addenda Attachment_Revised.doc
2007
EXHIBITA
CITY OF LODI
1�
PUBLIMORKS DEPARTMENT
EXHIBIT
PROPOSED PROPERTY LINES
RESOLUTION NO. 2007-230
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING SUPPLEMENTAL AGREEMENT TO
THE PIXLEY PARK PROPERTY EXCHANGE
AGREEMENT
WHEREAS, the City of Lodi and the developer, G -REM, Inc., entered into a land
exchange agreement in December 2004 to reconfigure the existing lot lines of Pixley
Park C -Basin to allow development of the park site per the approved Pixley Park
Conceptual Plan. As part of the land exchange agreement, the developer agreed to
construct all required frontage improvements fronting the proposed park site, excavate
the basin to conform to the final grading of the future park layout, and to provide design
services for the future storm drain pump station; and
WHEREAS, the developer has entered into an improvement agreement and an
addendum to the improvement agreement to cover the storm drainage facility
improvements and grading of the basin, with the work to have been completed by
October 31, 2007; and
WHEREAS, the developer is requesting to extend the completion date of the
improvement agreement and the original land exchange agreement to allow extra time to
complete all the required improvementsand grading of the park site; and
WHEREAS, in the supplemental agreement, the developer agrees to, at the
developer's expense, design and install slope protection on the east, north, and west
slopes of the excavated basin. The City agrees to remove the developer's responsibility
to provide design services for the future storm drain pump station and park landscaping
and irrigation system, which is to be reimbursed by the City as stated in the original land
exchange agreement. The City also agrees to extend the completion date of
improvement acceptance and land exchange to December 31,2009; and
WHEREAS, the developer has executed the supplemental agreement and paid
the document preparation fees, and staff recommends that the City Council approve the
supplemental agreement providing a time extension for the Pixley Park Land Exchange
Agreement and the Improvement Agreement for the Public Improvements of Pixley Park
Site Grading.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
approves the Supplemental Agreement to the Pixley Park Properly Exchange
Agreement: and
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
City Manager and City Clerk to execute the agreement on behalf of the City.
Dated: November 21,2007
I hereby certify that Resolution No. 2007-230 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 21, 2007, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and
Mayor Johnson
NOES: COUNCIL MEMBERS — Hitchcock
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
ANDI JOHL
City Clerk
2007-230