HomeMy WebLinkAboutAgenda Report - August 7, 1991 (108),� OF
CITY OF L®DI
AGENDA TITLE: Master Storm Drain Agreements Modifications: Parkwest and Sunwest 1V
MEETING DATE: August 7, 1991
PREPARED BY: Publ is Works Director
RECOMMENDED ACTION: That the City Council approve modifications to the revised
Master Storm Drain Agreements for Parkwest and Sunwest IV and authorize the City
Manager to execute the agreements on behalf of the City.
BACKGROUND INFORMATION: In our work on the Irrpact Fee Program and in particular,
the Master Storm Drain Fund, staff realized vie have a
problem i n interpreting the amount of future
reimbursements under two existing agreements. These
agreements were written for two developments that installed Master Storm Drain
facilities as part of their improvements. The agreements (Exhibits A & C) provided
that the dol ;ar- credit for master storm improvements made by the developer be
converted to "fee paid" acreage. Since the acreage credit exceeded the acreage
developed, the developers would then receive the acreage fee paid by subsequent
development. This arrangement was done to include "an amount attributable to
interest" as required by Section 66486 of the Subdivision Map Act. The intent of
the agreement was that as Master Storm Drain Fees are updated by the Engineering
Ne«s Record Index (ENR), the reimbursable amount would increase at the same rate.
The problem is that since the date of the agreements, the Master Storm Drain Fee
Program has undergone a major revision; one could even argue that the fee referred
to in the agreement no longer exists, therefore the reimbursement is now zero.
Staff felt an amendment to the agreement was necessary to eliminate uncertainty on
this point.
At the time of the agreement, the Master Storm Drain Fee was a single fee ($3,670
per gross acre for Parkwest and $3,860 fur Sunwest IV). The revision adopted in
1989 separated residential and non-residential acreage resulting in two fees. If
they had been reimbursed then for residential acreage, they would have received only
$3,620/acre. VST have recalculated what the old fee would have been based on the ENR
Index. This amount is $4,290 per acre. Thus value of the credit should be $266,838
for Parkwest and $154,869 for Sunwest IV.
The rev agreements will use the above credits as a base value and will update that
amount each January 1 by the ENR Index. The logic of using the ENR Index is that
subsequent development should not have to pay more for earlier construction of
improvements than what they would cost at their time of development. The ENR
construction cost index is the appropriate index for this purpose.
APPROVED. _^
THOMAS A PETERSON ..K..e...
Council Communication
Master Story Drain Agreements Modifications
August 7, 1991
Page 2
The developers were contacted and provided with a draft agreement (Exhibits B & D).
They have verbally agreed to the changes.
In addition to the storm drain changes, the Sunwest IV agreement includes a change
related to the last unit (Sunwest 12) of the Sunwest IV project. The Sunwest 12
project included the construction of a temporary sanitary sewer lift station plus
the developer was required to pay his fair share of the cost of the permanent lift
station to be constructed near Kettleman Lane and Mills Avenue. Payment was to be
made prior to acceptance of Sunwest 12. That amount has been calculated as part of
the Impact Fee Program and has been included in this new agreement and will be
deducted from the Storm Drain amount due the developer. The City will then transfer
the funds ($2,570) from the Storm Drain Fund to a my fund for the 1 if t station.
FUNDING: Storm Drain Fund (123.1)
rJakonsko
rks Director
Prepared by: Richard C. Prima, Jr., Assistant City Engineer
JLR/RCP/cll
Attachment
cc: Assistant Civil Engineer
Ciera ld Kirsten
Fred Baker
CCOMMSTM/TXTW.FRM (CO,COM) July 30, 1991
Exhibit ]AI
CT TY OF LODI
PUBLTG WORKS DEPP_RT_1ENT
AGIRI:ZMENT
THIS AGREEI-?EI'T entered into this day e-
983, by and between A"c (,/ /'� :moi �/
hereinafter called Granto=, and the CIT'_' OF LODI, he rei.nafter
called City, for the development of master Storm Drain
facilities for Lodi Park :lest Subdivision, located in the "E"
Drainage Area (generally bounded by Lcwer Sacramento Road and
the W.I.D. Canal as shown_ on the City Master Stogy Drain Plan,
see Exhibit A) .
U i T N -E S S E T H:
Z. Grantor agrees to grant to the City and the City agrees to
accept a grant deed for that certain real property in the
City of Lodi, County of San joaa-uin, State of Californ==,
described as follows:
A portion of the Northwest Quarter of Section 3,
Township 3 North, Rance o East, Mount Diablo Base and
Meridian being more particularly described as
follows:
Comz:encinq at the center of Section 3, Township 3
North, Rance o East, mount Diablo Base and .-feridl-an,
and run along the South Lzne of the North:Jest Quarter
of Section 3, North 390 30' West, 1423.48 _eet to the
True Point of Beginning; thence Forth 60 24' 42"
West, 16.41 feet; thence along a curve to the right,
having a radius of 750 feet, a central angle of
60 24' 42", an arc length of 83.93 feet and a chord
which bears North 3" 12' 21" West, thence North,
190.00 feet; North 89" 30' West, 275.00 feet; South
80° 03' 14" West, 551.52 feet; North 890 30' West,
257.50 feet; thence South 0° 02' 45" East, 190.00
feet to a point on the South line of the Northwest
Quarter; thence along said South line of the
Northwest Quarter, South 89" 30' East, 1052.12 feet
to the True Point of Beginning and containing 5.95
acres.
2. City agrees to credit Grantor for Master Storm Drain fees
the sum of $119,000.00 for the property above described
c hen title is transferred to City free and clear of liens
and encumbrances except unpaid current taxes, covenants,
conditions, restrictions, and utility easements of record,
if any.
3. Both parties understand and agree that:
(a) The amount to be credited under paragraph 2 above
shall be applied as a credit toward City of Lodi
Master Storm Drain Fees for the Lodi Park West
Subdivision. The amount shall be converted to
acreage at the present Master Storm Drair. Fee rate of
$3,670.00 per acre; thus 32.4 acres of Lodi Park West
SUB001/lpw - 2 -
w i 1 1 be considered as having paid the master Storm
Drain Fee.
(b) Grantor will install Master Storm Drain facilities as
required by the City as part of the development of
Lodi Park West. The cost of such facilities will be
credited toward Master Storm Drain Fees by converting
the cost to drainage fee paid acreage at the rate of
the Master Storm Drain Fee in effect at the tine the
improvements are accepted by the City.
(c) City will furnish the basic design for the Master
Storm Drain facilities and Grantor's engineer will
prepare plans and specifications at Grantor's cost.
(d) Grantor will excavate the basin to the line and grade
approved by the City at his expense.
(e) Grantor will construct at his expense any temporary
facilities needed to make the drainage system
functional but are not part of the ultimate Master
Drain System.
4. In the event the acreage computed in 3(b) above exceeds
the acreage of Lodi Park West Subdivision, City shall
reimburse Grantor for this excess acreage in accordance
with the following:
As -the City collects Master Storm Drain Fees from
other acreage within the "B" Drainage Area, such
acreage fees shall be paid to Grantor until the
excess acreage is reached, except that if the
development paying the fee requires additional blaster
SUB0,01/1pw — 3 _
Storm Drain facilities, the acreage fee shall be
applied to those facilities prior.to paying Grantor.
5. City agrees to pay all title, escrow and recording fees.
6. Both parties agree to recording of the deed and this
Agreement.
7. Both parties agree that they have herein set forth the
whole of their Agreement. Ti,e performance of this
Agreement constitutes the entire consideration and shall
relieve City of all further obligation or claims.
8. This agreement is binding on the heirs, executors,
administrators, and assigns of the parties hereto.
9. Both parties agree that this agreement shall expire
July 1, 2008. Any Master Storm Drain Fees collected after
thtt date shall be retained by the City.
P0, Notices pertaining to this agreement shall be sent to:
Jerry Kirsten City of Lodi
320 S. Crescent Avenue Public Works Director
Lodi, CA 95240 P.O. Box 320
Lodi, CA 95241
SUB001/1pw - 4 -
IN WITNESS WHEREOF the parties have executed this
Agreement the day and year hereinabove written.
CITY OR LODI, a Municipal
Corporation
By: G�
Henry A.jGlaves
City`Manager
Attest:
Alice.M. Rei the .
.)City Clerk
YN
SUB001/lpw - 5
e,
LODI
PARK WEST
#REA MASTER STORM DRAIN F
CEMENT
Summary Sheet
December 4
1986
Unit
Acres
Master Storm Drain
System
Acreage
Acres
Ne -
Item
Cost
Fee
Credited
Acre,
------------------------------------------------------------------------------
#1
13.7
Basin Land
119000.00
3670
32.4
i8..=
36" SD @ LSR &
structure
34909.00
3750
9.3
2q
#2 & #3
19.1
8.9
+J6" & 48" SD
96.327. 00
Basin St. Work #2
9901.60
Basin St. Work #3
6251.00
Utilities #2
12992.50
Utilities #3
5933.00
Subtotal
131395.10
x.755
35
43.9
Basin: Pump Sta
131575.14
Int Drain
24759.50
Fencing
3715.00
Turf /Spr .
44365_ 00
Subtotal
224414-647'
3790
53.2
103.1
#4
6.5
96.6
#.5.
8.8
81.8
48" SD
3800.00
3,790
3.7
96.5
#6
13
83.5
w7
9.a
73.7
#8
11.5
62.2
Total
Developed
82.4
Park West
Total
89.1
Remainder
6.7
(Basin)
Exhibit BJ
PARKWEST (E -AREA) ,MASTER STORM DRAIN
AGREEMENT
I
This Agreement made this day of 1991 by and
between Park West, a Limited Partnership hereinafter called "Developer"
Wand the CITY OF LODI, a Municipal Corporation, hereinafter called "City"
WITNESSETH
Whereas, DEVELOPER and CITY have entered into a previous Storrs Drain
Agreement dated July 20, 1983 regarding Master Storm drain improvements
and fee credits and reimbursements; and
Whereas, the Master Storm Drain Fee cited in the storm agreement no longer
exists , thus creating an ambiguity in determining future reimbursements as
called for in the agreement;
NOW, THEREFORE, in consideration of and subject 'to the covenants and
conditions herein containea, it is further agreed by and berween the
parties as follows:
I } The value of the reimbursement cited in Section a of the Storm
Agreement is $266,835 as of january 1, 1991 based on what the Master
Storm Drain Fee would have been.
2) City agrees to reimburse Developer the amount of 5266,838 plus an
amount attributable to interest per the following:
a) As the City collects fees under a Storm Drainage fee program from
property in E -area, such fees shalt be paid to Developer until the
above amount is reached except that if the development paying the
fee requires additional storm drain facilities per the Storm
Drainage Fee program, the fees shall be applied to chose
facilities prior to reimbursing developer.
b) The reimbursable amount shall be recalculated in January of each
year based on 5266,338 less any reimbursements made in the
previous year multiplied by the Engineering News Record 20 Cities
Construction Cost Index for the date nearest January !, divided by
4770 (the Index for January 1, :991).
3) This agreement supersedes Section a of the foresa i d Storm Drain
Agreement.
4) Poch parties agree to the recording of this agreement.
amu? �rc {:lt, , .TSN . O1L
5) Bo h Parties agree that hey have her in set forth the whol of th it
Agreement. The performance- of this agreement constitutes the entire
consideration and shall relieve City of all further obligation or
claims.
6) This Agreement is binding on the heirs, executors, administrators
and assigns of the partner hereto.
7) Notices and/or reimbursements pertaining to this agreement shall be
sent to:
Jack L. Ronsko DEVELOPER'S ADDRESS
Public Woks Director Jerald Kirsten
221 West Pine Street 1726 windjammer Court
P.O. Box 3006 Lodi, California 95242-4286
Lodi, CA 95241-1910
It is Developer's repsonsibility to keep City notified of current address.
EXECUTION
DATED this Day of ,1991.
In Witness Whereof,
have caused their names to be hereunto affixed and the City Lodi has
caused its corporate name and seal to be affixed by its proper officers
thereunto duly authorized.
By
Thomas A. Peterson, City Manager
ATTEST:
Alice M. Reimche, City Clerk
APPROVED AS TO FORM:
Bob McNatt, City Attorney
AGPARKWE/TXTW.01L
Jerald Kirsten
Sen Schaffer
i
S
P,'xh-'bit I
SUcYWES T UNI- TV
M?STCY STORM Ur.Ai :`Gn__`"_V
'Y_S ACZRC�M�j'�! entered into this ist day Of July iS�Ui, iy and
between Chris R. KeS-7ler hereinafter can ed
S(:bdi.ider, 2 ^.d She C7iY OF CDDt, hereinafter called City, -or Che
development o-7 Master Storm Drain facili:i_s for .'.UNWESI URIi ;V Subdivision,
as shown on 7Yhibit- .�, attached, located in the ' Drainage .Area (general ,y
bounded by Lcwer Sacramento Road, the W,I.D. Canal and Marney Lane as shown
on Lite City Master Storr Drain Plan, see Exhibit A).
1 Both parties understand and agree that:
(a) Subdivider will install Master Stcrm Grain )facilities as required by
the City as part or the development of Sunwest Unit IV. Such
facilities include, but are not Limited to, the trunk line
connectino the existing 36" line in interiaken Drive to the C -basin
and existing 48" line in Century BOuievard. The cost of .such
facilities will be credited toward nester Storm Drain Fees by
converting the cost to drainage fee paid acreaee at the rate of the
Master Storm Drain Fee in effect at the time the improvements are
accepted by the City.
(b) Payment or Master Drainag_ FeeF normally made at the gime of map
filing will be waived in favor cf the terms o, the .Agreement. in
the even;. Subdivider files multiple maps for Sunwest Unit TV, the
drainage fee paid acreage shall be reduced by the applicable acreage
for each map in the order in which said .Maps are filed.
(c) City wiil furnish the basic design for the Master Storm Drain
facilities and Subdivider's engineer will prepare plans and
specifications at Subdivider's cost.
(d) Subdivider will excavate G -Basin to the line and grade approved by
the City at his expense.. Excavated material shall be used io fill
the existing Sunwest basin located at Interlaken Drive or for
grading Sunwest Unit IV. No materiai shall be sold or otherwise
disposed of without the written consent of the City. Sxcess
material shall be stockpiled to the City's approval at the C -Basin
s rte.
(e) Subdivider will construct at his expense any temporary facilites
needed to make the drainage system iunctionai, but are not part of
the ultimate :vaster Drain System.
�. cn --he GvenC tic' aCreag� CCmpUten in i(a, cbove exceeds the ::crz-ace of
Sunwest 7nit IV SuCd'Ivision, CitJ sd2111 reimburse SubCivider 'O!. s
excess aCreace in acCord-An.ce wi In :he sGl i0'v1 nQ :
As the City collects Master Storm
Drain Fees
from other acreage
within the "G"
Drainage Area, such
acreage fees shall
be paid to
Subdivider until
the excess acreage
is reached,
except
that if the
development paying
the fee requires
additional
Master
Storm Drain
facilities, the
acreage fee shall
be applied
to those
facilities
prior to paying
Subdivider.
3. Subdivider agrees to pay City the sum of 580,902.01 toward the
installation costs of the 60" storm drain in Sylvan Way and Sage Way.
Said payment shall be for the cost difference between the 36" storm drain
facility previously planned for the Meadows Subdivision and the 60" storm
drain facility actually installed.
4. Both parties agree to recording of the deed and this Agreement.
5. Both parties agree that they have herein set forth the whole of their
Agreement. The performance of this Agreement constitutes the entire
consideration and shall relieve City of all further obligation or claims.
6. This agreement is binding on the heirs, executors, administrators, and
assigns of the parties hereto.
7. Both parties agree that this agreement shall expire July 1, 2011. Any
Master Storm Drain Fees collected after that date shall be retained by
the City.
3. Notices pertaining to this agreement shall be sent to:
City of Lodi
Publ is Works Director
Call Box 3006
Lodi, &A 95241-1910
IN WITNESS WHEREOF the parties have executed this Agreement the day and year
hereinabove written.
CITY OF LODI , a Municipal Corporation
By-.—
t st,t37
h` nomas A. Peterson, City Manager
Attest: lj7t�,a�l f1°dn•, T
Alyce M. Reimchd, City Clerk
-2-
SWIVMSD/TXTW.O1C
ell
SUNWEST UNIT IV/ G AREA MASTER STORM DRAIN AGREEMENT
Summary S h e e t APRIL 23, 1991
Master Storm Drain System Acreage Acres N e t
Unit Acres Item Cost Fee Credited Acres
#4 10.3
11 .9
1/2 Sts. 1.6
Clear & Grub
$6,000.00
36" SD
22,422.00
48" SD
76,959.00
54" SD
45,017.00
60" SD
147,696.00
60" SD (Cl. FII)
25,200.00
60" SD (Cl. IV)
26, 550.00
60" MH
8,400 .00
481, MH
6,750.00
Total
Developed 58.5
Subtotal $364,994.00 3860 94.6 82.7
79.7
St 5
3
77.9
#6
1.8
70.2
#7
7.7
64.8
tt8
5.4
63.7
PM 87P008
1.1
59.6
#9
4.1
52.1
X10
7.5
50.1
#11
2.0
36.1
#12
14
KKMKM If MKMf 7F
K KKK KK Kif M K
K KKK KKiK K KKK KK KK K KK K KKK K Kif i K M K K K iFK KKKKKKKKM K KK KKK A+f KK♦ K»
Total
Developed 58.5
,
Exh,iblt D i
,
SUNWEST UNIT 12 ,`ASTER STORM DRAIN AND
SANITTARY SENE4 LIFT STATION
AGREEMENT
-his Acreement made this nay of 1991 by and
between Chris Keszler and Fred Baker hereinafter called "Developer" and
the C77'( OF LOD1, a Municipal Corporation, nereinaiter called "City".
'ri iTNESSETH
Whereas, DEVELOPER and CITY have entered into a previous agreement dated
May 2, 1590 regarding the development of Sunwest Unit No. 12, Tract No.
2378; and
Whereas, Chris Keszler and City have also entered into a previous
agreement dated July 1, 1987 regarding Sunwest IV Master Storm Drain.
Agreement which included the area of Sunwest Unit ,No. 12 (hereafter
rererred to as Storm Agreement); and
Whereas, the tentative map conditions and the subdivision agreement for
said Sunwest Unit No. 12 included the requirement that DEVELOPER pay the
costs for abandonment of temporary .lift station and DEVELOPER'S portion of
the future Kettleman Cane sewer lift station; and
Whereas, costs for said Kettleman Lane sewer lift station have been
determined by Nolte and Associates and Angus McDonald and Associates to be
51,555 per gross acre; and
Whereas, costs for said temcorary lift station abandonment have been
determined by the City to be 55,800; and
Whereas, the ,Master Storm Drain Fee cited in the storm agreement no ionaer
exists, thus creating an ambiguity in detarminina future reimbursements as
called for in the agreement;
NOW, THEREFORE, in consideration of and subject to the covenant5 and
conditions herein contained, it is further agreed by and between the
parties as follows:
1) The value of the reimbursement cited in Section 2 or the Storm
Aereemeni is 5154,869 as of January 1, 1991 based on what the `aster
S torrn Drain Fee would have been.
2) The value c1 the sanitary sewer i;;t station work cite -d above is
S27,5-70 (14.0 acres in Sunwest 12 x 51,59-5%acre plus S15,800)
as o January 1, 1991.
3) City agrees to establish a separate fund for the future Kettleman Lane
Lift Station and transfer 427,570 from the Master Drainage Fee
(123.0) fund to this nox fund.
4) City agrees to reimburse Developer the amount of $127,299 (based
on $154,869 less $27,570) plus an amount attributable to interest
per the following:
a) As the City collects fees under a Storm Drainage Fee program from
property in G -area, such fees shall be paid to Develcper until the
above amount is reached except that if the development paying the
fee requires additional storm drain facilities per the Storm
Drainage Fee program, the fees shall be applied tc those
facilities prior to reimbursing developer.
b) The reimbursable amount shall be recalculated in January of each
year based on $127,299 less any reimbursements made in the
previous year multiplied by the Engineering News Record 20 Cities
Construction Cost Index for the date nearest January 1, divided by
4770 (the Index for January I, 1991).
5) The CRY agrees to:
a) Use payment from DEVELOPER to help construct said Kettlemar
Lane Sewer Lift Station and abandon the temporary lift station
which was constructed with Sunwest No. 12.
6) This agreement supersedes Section'2 of the foresaid Storm Drain
Agreement.
7) Both parties agree to the recording of this agreement.
8) Both parties agree that they have herein set forth the whole of their
Agreement. The performance of this agreement constitutes the entire
consideration and shall relieve City of all further obligation or
claims.
9) This Agreement is binding on the heirs, executors, administrators
and assigns of the partner hereto.
10) Notices and/or reimbursements pertaining to this agreement shal : be
sent to:
Jack L. Runsko DEVELOPER'S ADDRESS
Public Wodks Director Fred Baker
221 West Pine Street 317 West Lodi Avenue
P.O. Box 3006 Lodi, California 95240 _
Lodi, CA 95241-1910
It is the Developer's responsiblity to keep the City notified of current
address.
AGKESZLE. l; TXTW . Ol L
EXECUTION
DATED this Day of , 1991.
In Witness Whereof,
have caused their narnes to be hereunto attixed and the City of Lodi has
caused its corporate name and seal to be affixed by its proper officers
thereunto duly authorized.
Chris Keszier
Fred er
CITY OF LODI, A NIJNIAPAL CORPORATION
By
Thomas A. Peterson, City Manager
ATTEST:
Alice M. Reimc e, City Clerk
APPROVED AS TO FORM:
Bobc att, City Attorney
AGKESZLE.IJTXTW.O1L
'CITY COUNCIL
DAVID M. HINCHMAN. Mayor
JAMES W. PiNKERTON. Jr.
Mayor Pro Tempore
PHILLIP A. PENNINO
JACKA. SIECLOCK
JOHN R. (Randy) SNIDER
Mr. Jerald Kirsten
1726 Windjammer Court
Lodi, CA 95242-4286
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209)334-5634
FAX 1209)333-6795
August 15, 1991
SUBJECT Parkwest (E -Area) Master Storm Drain Agreement
THOMAS A. PETERSON
City Manager
ALICE M_ REIMCHE
City Clerk
BOB McNATT
City Attorney
The enclosed agreement was approved by the City Council at their meeting of
August 7, 1991. Please sign the agreement and return one copy as soon as
possible. Ycu make keep the second copy for your records.
Please call rlc if you have any questions.
Sharon Blaufus
Administrative Assistant
SB/1r
Enclosures
cc: City Clerk
LPARKWST/TXTW.02M
LyY11YK1W411
DAVID M. HINCHMAN, Mayor
JAMES W. PINKERTON, Jr.
Mayor Pro Tempore
PHILLIP A. PENNINO
JACK A. SIECLOCK
JOHN R. (Randy) SNIDER
Nt Fred Baker
317 West Lodi Avemie
todi, CA 95240
CITY OF LORI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
ICDI, CALIFORNIA 95241-1910
(209)334-5634
FAX (209) 333-6795
August 15, 1991
SLBECT- Sunwest Unit 12 Master Storm Drain and
Sanitary Sewer Lift Station Agreement
THOMASA. PETERSON
City Managet
ALICE M. REIMCHE
City Clerk
B O B McNATT
City Attorney
The enclosed agreement was approved by the City Council at their meeting of
August 7, 1991. Please complete the developer's address information on
page two, sign the agreement and return one copy as soon as possible. You
make keep the second copy for your records.
Please call ne if you have any questions.
Sharon Blaufus
Administrative Assistant
SB/lm
Enclosures
cc: City Clerk
LSUNWEST/TXTW.02M
CITY COUNCIL
DAVID M. HINCHMAN. Mayor
JAMESW. PINKERTON. Jr.
Mayor Pro Tempore
PHILLIPA. FENNINO
JACK A. SIEGLOCK
JOHNR. (Randy) SNIDER
N t Fred Baker
317 West Lodi Avenue
Lodi, CA 95240
CITY OF LQDI
CITY HALL. 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209)334-5634
FAX 1209) 333-6795
August 16, 1991
SUBJECT: Sunwest Unit No. 12
THOMAS A PETERSON
City Manager
ALICE M REIMCHE
City Clerk
808 MCNATT
City Attorney
The City Council of the City of Lodi, at its meeting on August 7, 1991,
accepted the public improvements that were made in the subject project.
Enclosed for your files is a copy of the resolution accepting the public
improvements. From the date of the resolution, the City of Lodi will
maintain the street and other public improvements installed within
rights-of-way and public utility easements as shown on the approved plans.
The enclosed letter has been sent to your bank so the Instrument of Credit
covering faithful performance can be exonerated. The Instrument of Credit
covering labor and materials must remain in effect for a period of 90 days
from the date of the resolution, in conformance with State law, On
November 5, 1991 this instrument can be released if no claims have been
filed.
If you hav any q tions,
Richard C. 'Prima Jr.
Assistant City Engineer
RCP/ lm
Enclosures
please contact me.
cc: Building Division
Police Department
Fire Department
Electric Utility Department
)toter/Wastewater Division
Street Divisi
City Clerk
Farmers and Merchants Bank
LSUNWEST.1/TXTW. 02M
CITY COUNCIL THOMAS A. PETERSON
DAVID M. HINCHMAN. Mayor CITY O F L O D I ALICE M. REC'ty Manager
JAMES W. PINKERTON, Jr. IMCHE
Mayor Pro Tempore
City Clerk
PHILLIP A. PENNINO CITY HALL, 221 WEST PINE STREET BOY McNATT
)ACID A. SIECLOCK P.O. BOAC 3006 City Attorney
JOHNR. (Randy) SNIDER LODt CALIFORNIA 95241-1910
(209)334-5634
FAX 009) 333-6795
August 16, 1991
Farmers and Merchants Bank
121 West Pine Street
Lodi, CA 95240
SUBJECT: Sunwest Unit No. 12
The City Council of the City of Lodi, at its meeting on August 7, 1991,
accepted the public i(nprovements in the subject project. A copy of the
Resolution is enclosed for your files.
This letter is your authorization to exonerate the Instrument of Credit
covering faithful performance. The Instrument of Credit covering labcr
and materials must remain in effect until November 5, 1991, in
conformance with State law. Yca will receive no further correspondence
regarding the release of the Instrument of Credit for labor and materials
unless a claim is filed.
If you ;.
?wvucI
have any questions, please contact mr��
Richard C. Prima Jr. 11
Assistant City Engineer
RCP/lm
Enclosure
cc: Fred Baker
City GJlerk
LSUNWEST.2/TXTW.02M