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HomeMy WebLinkAboutAgenda Report - October 6, 2010 D-12AGENDA ITEM bow 102050 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Amendments to ImprovementAgreements for Public Improvementsfor Reynolds Ranch Phase II, Offsite and Onsite Improvements MEETING DATE: October 6,2010 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution approving amendmentsto the Improvement Agreements for the Public Improvementsfor Reynolds Ranch Phase II, offsite and onsite improvements. BACKGROUND INFORMATION: The project is located on Harney Lane, between Stockton Street and Panzani Way, as shown on Exhibit A, and consists of roadway improvements along Harney Lane; traffic signal improvements at the intersections on Reynolds Ranch Parkway at Le Baron Blvd., Rocky Lane, and Harney Lane; and onsite public water main improvements within the Reynolds Ranch Shopping Center. City staff secured early Council approval on August 18, 2010 of the Phase II Offsite Improvement Agreement and the Phase II Onsite ImprovementAgreement to advance the Costco project. The security requirements included in those Agreements were based upon Engineer's estimates for the improvement costs. Since that time, actual contractor bids have been received and it is appropriate to amend those Agreements' security requirements based upon the bids plus a ten percent contingency. The amendment to the Phase II Offsite Improvement Agreement revises the Faithful Performance and Labor and Materials bonding values to 110 percent and 55 percent, respectively, of the construction contract value. The amended security requirementsthe Faithful Performance and Labor and Materials are $1,694,279.40 and $847,139.70, respectively. The amendment to the Phase II Onsite Improvement Agreement reflects a reduction in the scope of the public improvements to those only required to serve the Costco retail development and revises the security requirements similar to that described above. The second phase of onsite improvements will be constructed at a latertime and will require its own improvement agreement. The onsite public improvements to be constructed during the first phase include 1,145 feet of water main, valves, and connections to existing mains. The amendment revises the Faithful Performance and Labor and Materials security requirements, based upon the construction contract value, to $103,500 and $51,750, respectively. All other provisions of the ImprovementAgreements remain as approved by the City Council on August 18, 2010. FISCAL IMPACT: Not Applicable FUNDING AVAILABLE: Not Applicable APPROVED: Kori-raVfftTah. Interim Citv Manager KAWRDEV_SEWReynolds RanchlCC_ReynoldsRanchPhase2-10-6-10.doc 9/30/2010 Adopt Resolution Approving Improvement Agreementsfor Public Improvementsfor Reynolds Ranch, Phase II, Offsite and Onsite Improvements and Approving No -Parking Zones on all of Reynolds Ranch Parkway and Harney Lane from Stockton Street to Reynolds Ranch Parkway August 18,2010 Page 2 Prepared by Chris Boyer, Junior Engineer Attachment cc: Senior Civil Engineer Fujitani Reynolds Ranch Partners, Inc. K:\WP\DEV_SERV\Reynolds Ranch\CC_ReynoldsRanchPhase2-10-6-10.doc 9/29/2010 1 i y OFA OF LOD] w PUBLIC WORKS DEPARTMENT Ln. Exhibit A Harney Lane Improvements 500' West of Stockton St to Reynolds Ranch Pkwy . ������� '■111" �'��i��ll� X111/1� AIi�I����G��►� `:■ , . ���,� �� ►I/11 _ ���1�a►111 EM& $4 ii San CTs► Reynolds Ranch Shopping Center Project Area i '/Phase 2A / k s Ranch ► —� I \ Off -Site S vement 1 I I Pr Dj ect Area I 1 I RockyLane ------'.---------r-------- --------------- ; I C I �I Reynolds Ranch _Shopping Center Project Area Phase 2B I e� v Reynolds Ranch Parkway I I IMPROVEMENTAGREEMENT for the PUBLIC IMPROVEMENTS for REYNOLDS RANCH PHASE 2 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City", and REYNOLDS RANCH PARTNERS, INC., hereinafter referred to as "Developer", and RMC CONSTRUCTORS, A CALIFORNIA CORPORATION, hereinafter referred to as "Developer's Contractor". RECITALS: Developer has presented to City for approval public improvement plans for the Reynolds Ranch, Phase 2 development, hereinafter called "project", along with the legal descriptions and exhibits for the necessary street and easement dedications which will be provided under separate instruments. Developer has requested approval of public improvement plans for the construction and completion of public improvements, including all streets, highways or public ways and public utility facilities which are a part of or appurtenant to the project, 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 project, which plans and specifications are now on file in the office of and endorsed with the approval of the Public Works Director or his designee. Council of the City will accept the dedications offered on condition that Developer first enter into and execute this agreement with City; and Developer's Contractor is made a party to this agreement solely to secure the Faithful Performance Bonds and Labor and Materials Bonds refered to in Paragraph 13. Developer's Contractor has no other obligations under this agreement. This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 15 and 16 of the Lodi City Code. NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in order to insure satisfactory performance by Developer of Developer's obligations under State law and City code, the parties agree as follows: Performance of Work by Developer Developer will do and perform, or cause to be done and performed at Developer's own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the Public Works Director, all of the work and improvements as shown on the approved improvement plans for the project, Drawing Nos. 008D013-01 through 0080013-32, which are on file in the Public Works Department. The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: impagmt (rev. 09/22/2010) A. Street light installation and connection to City system B. Natural gas line installation C. Telephone line installation D. Electrical system E. Cable television system Development Changes Developer shall also perform all work and furnish all materials necessary to comply with any changes required by the Public Works Director, which, in his opinion, are necessary or required to complete the work in conformance with City Standards or are the result of changed conditions. Performance of Work by City Prior to the issuance of the building permit by the City, it is agreed that the Developer shall deposit with the City the amount of money shown as the "Developer Cost" on Billing Schedule attached hereto and by this reference made a part hereof. From payments made under Billing Schedule, Developer elects to have the City perform or install or cause the installation of the following items: A. Street seal coat B. Fire hydrant markers C. Televideo inspection of the public sewer and storm drain lines. The fee shown on the Billing Schedule is based on the linear footage of sewer and storm drain pipe, including laterals, shown on the improvement plans. The fee will be adjusted, if necessary, when the televideo inspection is complete. Any additional fee must be paid prior to project acceptance. D. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering one (1) wet season (October 2010 to April 2011). The fee will be adjusted, if necessary, when the improvements are complete and ready for acceptance by the City. Any additional fee must be paid prior to project acceptance. Developer shall also pay all additional costs for work performed by City forces deemed by the Public Works Director necessary to complete the work under this agreement in conformance with City Standards. 4. Development Impact Mitigation Fees Development Impact Mitigation Fees for water, wastewater capacity, street improvements, police, fire and general City facilities are required for this project. The fees shall be paid in conformance with the terms of the Development Agreement by and Between the City of Lodi and San Joaquin Valley Land Company, LLC recorded as Document No. 2006-268372 in the Official Records of San Joaquin County. In conformance with LMC 15.64.050,the fees are automatically adjusted on January 1 of each year. Reimbursement for City -Funded Facilities Built by Developer impagmt (rev. 09/22/2010) In conformance with LMC 16.40 Reimbursements for Construction, City agrees to reimburse Developer for public improvements to be installed with the project as listed below and shown on the attached Cost Estimate for Improvement Security: A. Excess width street pavement improvements in Harney Lane (500 feet west of Stockton Street to 500 feet east of Melby Way). B. 50 percent of the traffic signal at Reynolds Ranch Parkway and Harney Lane intersection, Reynolds Ranch Parkway and Rocky Lane intersection, and Reynolds Ranch Parkway and Le Baron Boulevard. Developer shall provide a request for payment that includes descriptions of the work items, quantities, and contract unit prices conforming to the Bid Item List guidelines in Appendix A-2 of the City of Lodi Public Improvement Design Standards and supporting invoices or other documentation as required by the Public Works Department. Reimbursement will be made when the improvements are complete and accepted by the city. 6. Street and Public Utility Easement Dedications Developer shall acquire, without cost to the City of Lodi, street, public utility and temporary construction easements to the approval of the Public Works Director to allow construction of street and public utility improvements shown on the approved plans for the project. The Developer's engineer shall provide the legal descriptions, with exhibits showing the location of each dedication, for review and approval by the City. City staff will prepare the easement deeds. Developer shall have the deeds executed by the property owners, notarized and returned to the City for recordation. 7. Work: Time for Commencement and Performance Developer shall, within 365 calendar days from the date of this agreement, perform or cause to be performed all work and/or improvements described under this agreement. At least 15 calendar days prior to the commencement of work hereunder, Developer shall notify the Public Works Director of the date fixed by Developer for commencement thereof so that City can provide inspection services. 8. Time Extension Time is of the essence of this agreement. The City may extend the time for completion of the improvements hereunder under the terms of an addendum to this agreement which shall be approved by the City Manager. Any such extension may be granted without notice to the Developer's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. 9. Record Drawings and Certifications Prior to acceptance of the project improvements, the Developer shall have provided record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. 10. Permits; Compliance with Law Developer shall, at Developer'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. impagmt (rev. 09/22/2010) 11. Superintendence by Developer Developer shall give personal superintendence to the work on said improvement, or have a competent agent, foreman or superintendent, satisfactory to the Public Works Director, on the work at all times during progress, with authority to act for Developer. 12. Inspection by City Developer shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work. Inspections will be provided during normal working hours. Developer will be billed for inspections on work performed on weekends, holidays and overtime. Developer shall also pay all additional costs incurred by City for soils and materials testing and/or inspection services required as a part of City inspection activities. 13. Contract Security Concurrently with the execution hereof, Developer's Contractor shall furnish Improvement Security of at least 100% of the estimated cost of public improvements plus deferred fees and engineering costs of surveying, record drawings and certifications as security for the faithful performance of this agreement and repair or replacement of defective work under Paragraph 19 following; and an amount equal to at least 50% of the above costs as security for the payment of all persons performing labor and furnishing materials in connection with this agreement as more fully described in the State Subdivision Map Act. The City has determined these security amounts to be as follows: Faithful Performance $1,694,279.40 Labor and Materials $847,139.70 14. Warranty Security Prior to aGGeptanGe of the pFojeGt by the City, DevelopeF shall furni Warranty SeGUFity of at least 0 C �� -4: «,. -1., meg The warranty period for repair or replacement of defective work shall be two (2) years following the date of acceptance of the improvements. If any portion of the project receives partial acceptance during the course of construction, the warranty period for all required project improvements shall commence upon the date of final acceptance for the entire project. 15. Hold -Harmless Agreement Developer hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Developer's or Developer's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: A. That City does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described in Paragraph 16 hereof. impagmt (rev. 09/22/2010) 4 B. That the aforesaid hold -harmless agreement by Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the project, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 16. Developer's Insurance Developer shall not commence work under this agreement until Developer shall have obtained all insurance required under this paragraph, nor shall Developer allow any contractor or subcontractor to commence work on Developer's contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Compensation Insurance Developer shall maintain, during the life of this agreement, Worker's Compensation Insurance for all Developer's employees employed at the site of improvement, and in case any work is sublet, Developer shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance for all contractors' or subcontractors' employees, unless such employees are covered by the protection afforded by Developer. Developer hereby indemnifies City for any damage resulting to it from failure of either Developer or any contractor or subcontractor to take out or maintain such insurance. B. Comprehensive General and Automobile Insurance Developer shall take out and maintain during the life of this agreement such insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Developer and any contractor or subcontractor performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise on the project property, including any public streets or easements, from Developer's or any contractors' or subcontractors' operations hereunder, whether such operations be by Developer or any contractor or subcontractor or by anyone directly or indirectly employed by either Developer or any contractor or subcontractor, and the amount of such insurance shall be as follows: 1 - COMPREHENSIVE GENERAL LIABILITY $2,000,000 Bodily Injury - Each Occurrence/Aggregate $2,000,000 Property Damage - Each Occurrence/Aggregate or $2,000,000 Combined Single Limit 2. COMPREHENSIVE AUTOMOBILE LIABILITY $2,000,000 Bodily Injury - Each Person $2,000,000 Bodily Injury- Each Occurrence $2,000,000 Property Damage - Each Occurrence or $2,000,000 Combined Single Limit Developer must have comprehensive automobile liability only if Developer's vehicles are used on-site. impagmt (rev. 09/22/2010) NOTE: Developer agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents and employees as additional named insured insofar as work performed by the insured underwritten contract with the City of Lodi. This endorsement shall be on the form furnished by the City and shall be included with Developer's policies. B. Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the additional insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. C. Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. 17. Evidence of Insurance Developer shall furnish City, concurrently with the execution hereof, with satisfactory evidence of the insurance required and evidence that each carrier is required to give City at least 30 days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this agreement. The address of the City of Lodi must be shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street, Lodi, CA 95240. 18. Title to Improvements Title to, and ownership of, all public improvements constructed hereunder by Developer shall vest absolutely in City upon completion and acceptance of such public improvements by City. 19. Repair or Reconstruction of Defective Work If, within a period of two (2) years 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 Contractor surety shall, without delay and without cost to City, repair or replace or reconstruct any defective or otherwise impagmt (rev. 09/22/2010) unsatisfactory part or parts of the work or structure. Should Developer or Developer's Contractor 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 Developercan 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. 20. Repair or Replacement of City -owned Bypass Meter Assemblies The Developer is required by the City to install bypass meter assemblies in conjunction with the installation of water mains in the City of Lodi. The City will supply these assemblies upon receipt of a deposit in the amount of $5,000.00 for each assembly required. The purpose of the deposit is to guarantee the return of the assembly in good condition and fulfillment of the other obligations shown in the City's Policies and Procedures entitled "Metering Water Usage of New Water Mains Requiring Temporary Bypasses", a copy of which is attached hereto and made a part hereof. 21. Mud, Debris. Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the construction site or elsewhere onto City or County streets or onto private property without express permission. Developer further agrees not to cause damage to City or County streets. Should any mud or debris be deposited in City or County streets or any damage caused to City or County streets, the Developer shall have the same removed or repaired forthwith, and if not removed or repaired upon notice within a specified time, the City shall cause the same to be removed or repaired and the Developer shall be charged for the cost of said removal or repairs. The Developer, Developer's contractor and/or agents shall be responsible so no dust or erosion problems are created during construction, including installation of telephone, electrical, cable television and gas facilities. Developer's responsibility for dust and erosion control shall extend to include a period of one year from the date of final acceptance by the City of the work performed under this agreement. If a dust or erosion problem arises during development or within a period of one year from the date of final acceptance by the City of the work performed under this agreement, including but not limited to installation of telephone, electrical, cable television, and/or gas facilities, and has not, after notice, been abated by Developer within a specified period of time, the City shall cause the same to be controlled, and the Developer shall be charged with the cost of said control. 22. Fire Protection During Construction Fire protection facilities approved by the Fire Chief, including all-weather access road and an approved water supply capable of supplying the required fire flow, shall be installed and made serviceable in accordance with the City fire code prior to and during the time of building construction. The above may be modified when alternate methods of protection approved by the Fire Chief are provided. 23. Protection of Existing Improvements Damage to any existing improvements or private or public utility lines installed or being installed which damage occurs during the onsite and offsite construction required of Developer shall be the absolute responsibility and liability of Developer. In other words, it shall be the Developer's responsibility to pay for damage to existing improvements and public or private utilities within the development. Damage to any existing facilities outside impagmt (rev. 09/22/2010) the limits of the project area damaged as part of the construction of the required project improvements is also the Developer's responsibility. 24. Dwellinq Occupancy The City will not allow occupancy of any building or structure within the project until all, public improvements have been approved and accepted by the Public Works Department per established City policy and other requirements of the City codes have been met. If building is started prior to acceptance of the improvements, it is the Developer's responsibility to inform all prospective purchasers that occupancy will not be permitted until said fees are paid and public improvements are so accepted. 25. Developer Not Agent of City Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this agreement. 26. Notice of Breach and Default If Developer 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 Developer should be adjudged bankrupt, or Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer or any of Developer's contractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, the Public Works Director or City Council may serve written notice upon Developer and Developer's Contractor's surety of breach of this agreement, or any portion thereof, and the default of Developer. 27. Breach of Agreement; Performance by Surety or City In the event of any such notice, Developer's Contractor'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 five 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 5 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 Developer, and Developer's Contractor's surety shall be liable to City for any excess cost or damage 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 Developer as may be on the site of the work and necessary therefor. 28. 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: F. Wally Sandelin, Public Works Director 221 West Pine Street P. O. Box3006 Lodi, CA 95241-1910 impagmt (rev. 09/22/2010) Notices required to be given to Developer shall be addressed as follows: Notices required to be given to Developer's agent shall be addressed as follows: Notices required to be given to Developer's Contractor shall be addressed as follows: Notices required to be given to Developer's Contractor surety shall be addressed as follows: Provided that either 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. impagmt (rev. 09/22/2010) 29. Execution In Witness Whereof, Developer, Developer's Contractor and City have caused their names to be hereunto affixed and the City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers thereunto duly authorized. REYNOLDS RANCH PARTNERS, INC Date RMC CONSTRUCTORS, A CALIFORNIA CORPORATION Date (CORPORATE SEAL) CITY OF LODI, A MUNICIPAL CORPORATION By: Konradt Bartlam, Interim City Manager Date ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: D. Stephen Schwabauer, City Attorney impagmt (rev. 09/22/2010) 10 Date IMPROVEMENT SECURITY Faithful Performance Bond Bond No. KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City", and GENERAL CONTRACTOR, hereinafter designated "Principal," have entered into an agreement dated , whereby Principal agrees to install and complete certain designated public improvements and pay appropriate development impact mitigation fees within 365 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT, in the development known as Reynolds Ranch, Phase 2. This agreement is on file in the office of the Public Works Director of the City of Lodi, and is referred to and made apart hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for faithful performance of said agreement. NOW, THEREFORE, we, the Principal and , as surety, are held and firmly bound unto the City in the penal sum of ONE MILLION SIX HUNDRED NINETY FOUR THOUSAND TWO HUNDRED SEVENTY NINE AND 40/100 DOLLARS ($1,694,279.40) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on SURETY: by: Attorney-in-fact Agent Address APPROVED AS TO FORM: City Attorney PRINCIPAL: Address IMPROVEMENT SECURITY Labor and Materials Bond Bond No. KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City," and GENERAL CONTRACTOR, hereinafter designated "Principal," have entered into an agreement dated whereby Principal agrees to install and complete certain designated pubiic improvements and pay appropriate development impact mitigation fees within 365 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT, in the development known as Reynolds Ranch, Phase 2. This agreement is on file in the office of the Public Works Director of the City of Lodi, and is referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid improvements and referred to in the aforesaid Code of Civil Procedure in the sum of EIGHT HUNDRED FORTY SEVEN THOUSAND ONE HUNDRED THIRTY NINE AND 70/100 DOLLARS ($847,139.70), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Shouid the condition of this bond be fully performed, then this obiigation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on SURETY: by: Attorney-in-fact Agent Address APPROVED AS TO FORM: City Attorney PRINCIPAL: Address IMPROVEMENTAGREEMENT for the PUBLIC IMPROVEMENTS for REYNOLDS RANCH PHASE 2 - ONSITE THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City", and REYNOLDS RANCH PARTNERS, INC., hereinafter referred to as "Developer", and RMC CONSTRUCTORS, A CALIFORNIA CORPORATION, hereinafter referred to as "Developer's Contractor". RECITALS: Developer has presented to City for approval public improvement plans for the Reynolds Ranch, Phase 2 development, hereinafter called "project", along with the legal descriptions and exhibits for the necessary easement dedications which will be provided under separate instruments. Developer has requested issuance of the building permit (610-0432) prior to the construction and completion of public improvement as a condition of approval of the construction of site preparation for the Reynolds Ranch Shopping Center and completion of public improvements, including all public ways and public utility facilities which are a part of or appurtenant to the project, 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 project, which plans and specifications are now on file in the office of and endorsed with the approval of the Public Works Director or his designee. The City will issue to Developer the building permit on the condition that Developer first enter into and execute this agreement with City and meet other City code requirements pertaining to building permit issuance. Developer's Contractor is made a party to this agreement solely to secure the Faithful Performance Bonds and Labor and Materials Bonds refered to in Paragraph 12. Developer's Contractor has no other obligations under this agreement. This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 15 and 16 of the Lodi City Code. NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in order to insure satisfactory performance by Developer of Developer's obligations under State law and City code, the parties agree as follows: Performance of Work by Developer Developerwill do and perform, or cause to be done and performed at Developer's own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the Public Works Director, all of the work and improvements as shown on the approved improvement plans for the project, Drawing Nos. 01 OD003-01 through 010D003-14, which are on file in the Public Works Department. Development Chanaes Developer shall also perform all work and furnish all materials necessary to comply with any changes required by the Public Works Director, which, in his opinion, are necessary or required to complete the work in conformance with City Standards or are the result of changed conditions. impagmt (rev. 09/22/2010) 3. Performance of Work by City Prior to the issuance of the building permit by the City, it is agreed that the Developer shall deposit with the City the amount of money shown as the "Developer Cost" on Billing Schedule attached hereto and by this reference made a part hereof. Developer shall also pay all additional costs for work performed by City forces deemed by the Public Works Director necessary to complete the work under this agreement in conformance with City Standards. 4. Development Impact Mitigation Fees Development Impact Mitigation Fees for water, wastewater capacity, street improvements, storm drain, police, fire and general City facilities are required for this project. The fees shall be paid in conformance with the terms of the Development Agreement by and Between the City of Lodi and San Joaquin Valley Land Company, LLC recorded as Document No. 2006-268372 in the Official Records of San Joaquin County. In conformance with LMC 15.64.050, the fees are automatically adjusted on January 1 of each year. Street and Public Utility Easement Dedications Developer shall acquire, without cost to the City of Lodi, street, public utility and temporary construction easements to the approval of the Public Works Director to allow construction of street and public utility improvements shown on the approved plans for the project. The Developer's engineer shall provide the legal descriptions, with exhibits showing the location of each dedication, for review and approval by the City. City staff will prepare the easement deeds. Developer shall have the deeds executed by the property owners, notarized and returned to the City for recordation. 6. Work; Time for Commencement and Performance Developer shall, within 365 calendar days from the date of this agreement, perform or cause to be performed all work and/or improvements described under this agreement. At least 15 calendar days prior to the commencement of work hereunder, Developer shall notify the Public Works Director of the date fixed by Developer for commencement thereof so that City can provide inspection services. Time Extension Time is of the essence cf this agreement. The City may extend the time for completion of the improvements hereunder under the terms of an addendum to this agreement which shall be approved by the City Manager. Any such extension may be granted without notice to the Developer's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. Record Drawings and Certifications Prior to acceptance of the project improvements, the Developer shall have provided record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. 9. Permits; Compliance with Law Developer shall, at Developer'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. impagmt (rev. 09/22/2010) 10. Superintendence by Developer Developer shall give personal superintendence to the work on said improvement, or have a competent agent, foreman or superintendent, satisfactory to the Public Works Director, on the work at all times during progress, with authority to act for Developer. 11. Inspection by City Developer shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work. Inspections will be provided during normal working hours. Developerwill be billed for inspections on work performed on weekends, holidays and overtime. Developer shall also pay all additional costs incurred by City for soils and materials testing and/or inspection services required as a part of City inspection activities. 12. Contract Securitv Concurrently with the execution hereof, Developer's Contractor shall furnish Improvement Security of at least 100% of the estimated cost of public improvements plus deferred fees and engineering costs of surveying, record drawings and certifications as security for the faithful performance of this agreement and repair or replacement of defective work under Paragraph 16 following; and an amount equal to at least 50% of the above costs as security for the payment of all persons performing labor and furnishing materials in connection with this agreement as more fully described in the State Subdivision Map Act. The City has determined these security amounts for Phase 2A to be as follows: Faithful Performance $103,500.00 Labor and Materials $51,750.00 13. Warrantv Security Prier te aGGePt2nGe of the omontc by tho city Deyelnnor droll f mnich Warranty SeGurity Gf at least 0 ef the tGtal GGSt of the pub"G improvements as seGu 'ty for repair or repiaGeMeRt Gf-defeGtiVe work under Paragraph 18 folle . . . . . . . . . The warranty period for repair or replacement of defective work shall be two (2) years following the date of acceptance of the improvements. If any portion of the project receives partial acceptance during the course of construction, the warranty period for all required project improvements shall commence upon the date of final acceptance for the entire project. 14. Hold -Harmless Agreement Developer hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liabilityfor damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Developer's or Developer's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: A. That City does not, and shall not, waive any rights against Developerwhich it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described in Paragraph 15 hereof. impagmt (rev. 09/22/2010) B. That the aforesaid hold -harmless agreement by Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the project, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 15. Developer's Insurance Developer shall not commence work under this agreement until Developer shall have obtained all insurance required under this paragraph, nor shall Developer allow any contractor or subcontractor to commence work on Developer's contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Compensation Insurance Developer shall maintain, during the life of this agreement, Worker's Compensation Insurance for all Developer's employees employed at the site of improvement, and in case any work is sublet, Developer shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance for all contractors' or subcontractors' employees, unless such employees are covered by the protection afforded by Developer. Developer hereby indemnifies City for any damage resulting to it from failure of either Developer or any contractor or subcontractor to take out or maintain such insurance. B. Comprehensive General and Automobile Insurance Developer shall take out and maintain during the life of this agreement such insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Developer and any contractor or subcontractor performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise on the project property, including any public streets or easements, from Developer's or any contractors' or subcontractors' operations hereunder, whether such operations be by Developer or any contractor or subcontractor or by anyone directly or indirectly employed by either Developer or any contractor or subcontractor, and the amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $2,000,000 Bodily Injury- Each Occurrence/Aggregate $2,000,000 Property Damage - Each Occurrence/Aggregate or $2,000,000 Combined Single Limit 2. COMPREHENSIVE AUTOMOBILE LIABILITY $2,000,000 Bodily Injury- Each Person $2,000,000 Bodily Injury - Each Occurrence $2,000,000 Property Damage - Each Occurrence or $2,000,000 Combined Single Limit Developer must have comprehensive automobile liability only if Developer's vehicles are used on-site. impagint (rev. 09/22/2010) NOTE: Developer agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents and employees as additional named insured insofar as work performed by the insured under written contract with the City of Lodi. This endorsement shall be on the form furnished by the City and shall be included with Developer's policies. B. Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the additional insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. C. Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. 16. Evidence of Insurance Developer shall furnish City, concurrently with the execution hereof, with satisfactory evidence of the insurance required and evidence that each carrier is required to give City at least 30 days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this agreement. The address of the City of Lodi must be shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street, Lodi, CA 95240. 17. Title to Improvements Title to, and ownership of, all public improvements constructed hereunder by Developer shall vest absolutely in City upon completion and acceptance of such public improvements by City. 18. Repair or Reconstruction of Defective Work If, within a period of two (2) years 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 Contractor surety shall, without delay and without cost to City, repair or replace or reconstruct any defective or otherwise impagmt (rev. 09/22/2010) unsatisfactory part or parts of the work or structure. Should Developer or Developer's Contractor 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. 19. Repair or Replacement of City -owned Bypass Meter Assemblies The Developer is required by the City to install bypass meter assemblies in conjunction with the installation of water mains in the City of Lodi. The City will supply these assemblies upon receipt of a deposit in the amount of $5,000.00 for each assembly required. The purpose of the deposit is to guarantee the return of the assembly in good condition and fulfillment of the other obligations shown in the City's Policies and Procedures entitled "Metering Water Usage of New Water Mains Requiring Temporary Bypasses", a copy of which is attached hereto and made a part hereof. 20. Mud, Debris, Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the construction site or elsewhere onto City or County streets or onto private property without express permission. Developer further agrees not to cause damage to City or County streets. Should any mud or debris be deposited in City or County streets or any damage caused to City or County streets, the Developer shall have the same removed or repaired forthwith, and if not removed or repaired upon notice within a specified time, the City shall cause the same to be removed or repaired and the Developer shall be charged for the cost of said removal or repairs. The Developer, Developer's contractor and/or agents shall be responsible so no dust or erosion problems are created during construction, including installation of telephone, electrical, cable television and gas facilities. Developer's responsibility for dust and erosion control shall extend to include a period of one year from the date of final acceptance by the City of the work performed under this agreement. If a dust or erosion problem arises during development or within a period of one year from the date of final acceptance by the City of the work performed under this agreement, including but not limited to installation of telephone, electrical, cable television, and/or gas facilities, and has not, after notice, been abated by Developer within a specified period of time, the City shall cause the same to be controlled, and the Developer shall be charged with the cost of said control. 21. Fire Protection During Construction Fire protection facilities approved by the Fire Chief, including all-weather access road and an approved water supply capable of supplying the required fire flow, shall be installed and made serviceable in accordance with the City fire code prior to and during the time of building construction. The above may be modified when alternate methods of protection approved by the Fire Chief are provided. 22. Protection of Existing Improvements Damage to any existing improvements or private or public utility lines installed or being installed which damage occurs during the onsite and offsite construction required of Developer shall be the absolute responsibility and liability of Developer. In other words, it shall be the Developer's responsibility to pay for damage to existing improvements and public or private utilities within the development. Damage to any existing facilities outside impagmt (rev. 09/22/2010) the limits of the project area damaged as part of the construction of the required project improvements is also the Developer's responsibility. 23. Dwelling Occupancy The City will not allow occupancy of any building or structure within the project until all public improvements have been approved and accepted by the Public Works Department per established City policy and other requirements of the City codes have been met. If building is started prior to acceptance of the improvements, it is the Developer's responsibility to inform all prospective purchasers that occupancy will not be permitted until said fees are paid and public improvements are so accepted. 24. Developer Not Agent of City Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this agreement. 25. Notice of Breach and Default If Developer 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 Developer should be adjudged bankrupt, or Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer or any of Developer's contractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, the Public Works Director or City Council may serve written notice upon Developer and Developer's Contractor's surety of breach of this agreement, or any portion thereof, and the default of Developer. 26. Breach of Agreement: Performance by Surety or City In the event of any such notice, Developer's Contractor'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 five 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 5 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 Developer, and Developer's Contractor's surety shall be liable to City for any excess cost or damage 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 Developer as may be on the site of the work and necessary therefor. 27. 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: F. Wally Sandelin, Public Works Director 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 impagmt (rev. 09/22/2010) 7 Notices required to be given to Developer shall be addressed as follows: Notices required to be given to Developer's agent shall be addressed as follows: Notices required to be given to Developer's Contractor shall be addressed as follows: Notices required to be given to Developer's Contractor surety shall be addressed as follows: Provided that either 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. impagmt (rev. 09/22/2010) 28. Execution In Witness Whereof, Developer, Developer's Contractor and City have caused their names to be hereunto affixed and the City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers thereunto duly authorized. REYNOLDS RANCH PARTNERS, INC. Date RMC CONSTRUCTORS, A CALIFORNIA CORPORATION Date (CORPORATE SEAL) CITY OF LODI, A MUNICIPAL CORPORATION By: Konradt Bartlam, Interim City Manager Date ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: D. Stephen Schwabauer, City Attorney ?—M� impagmt (rev. 09/22/2010) Date IMPROVEMENT SECURITY Faithful Performance Bond Bond No. KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City", and GENERAL CONTRACTOR, hereinafter designated "Principal," have entered into an agreement dated , whereby Principal agrees to install and complete certain designated public improvements and pay appropriate development impact mitigation fees within 365 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT, in the development known as Reynolds Ranch, Phase 2 - Onsite. This agreement is on file in the office of the Public Works Director of the City of Lodi, and is referred to and made a past hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for faithful performance of said agreement. NOW, THEREFORE, we, the Principal and , as surety, are held and firmly bound unto the City in the penal sum of ONE HUNDRED THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($103,500.00) lawfulmoney of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on SURETY: by: Attorney-in-fact Agent Address APPROVED AS TO FORM: City Attorney PRINCIPAL: Address IMPROVEMENT SECURITY Labor and Materials Bond Bond No. KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City," and GENERAL CONTRACTOR, hereinafter designated "Principal," have entered into an agreement dated whereby Principal agrees to install and complete certain designated public improvements and pay appropriate development impact mitigation fees within 365 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT, in the development known as Reynolds Ranch, Phase 2. This agreement is on file in the office of the Public Works Director of the City of Lodi, and is referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid improvements and referred to in the aforesaid Code of Civil Procedure in the sum of FIFTY ONE THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($51,750.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incuned by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on SURETY: by: Attorney-in-fact Agent Address APPROVED AS TO FORM: City Attorney PRINCIPAL: Address RESOLUTION NO. 2010-167 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AMENDMENTS TO IMPROVEMENTAGREEMENTS FOR PUBLIC IMPROVEMENTS FOR REYNOLDS RANCH PHASE II, OFFSITE AND ONSITE IMPROVEMENTS NOW, THEREFORE, BE IT RESOLVEDthat the Lodi City Council does hereby approve the amendments to the Improvement Agreements with Reynolds Ranch Partners, LLC, for Offsite and Onsite Public Improvements for Reynolds Ranch, Phase II; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve the amended Phase II Offsite Improvement Agreement security requirements for the Faithful Performance and Labor and Materials to $1,694,279.40 and $847,139.70, respectively; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve the amended Phase II Onsite Improvement Agreement security requirements for the Faithful Performance and Labor and Materials to $103,500.00 and $51,750.00, respectively; and BE IT FURTHER RESOLVED that all other provisions of the Improvement Agreements remain as approved by the City Council on August 18, 2010. Dated: October 6, 2010 hereby certify that Resolution No. 2010-167 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 6, 2010, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None HL City Clerk KITIDN&I-t