HomeMy WebLinkAboutAgenda Report - November 18, 1992 (65)F
.� OF
CITY OF L.ODI
COUNCIL COMMUNICATION
o� d
Consideration ot an agreement between City and owners of—
property
south of Harney Lane which would indemnify City
against losses incurred in defending Council's decision to
allow oversize sewer line.
MEETING DATE: November 18, 1992
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and possible approval of the
attached draft agreement.
BACKGROUND: This matter involves the offer by owners of property
south of Harney Lane (identified in the attached
draft agreement) to pay for oversizing of a sewer
line which could ultimately serve their properties.
An 8" sewer line is presently proposed for installation in conjunction with the
Century Meadows project. The property owners have proposed increasing the line
to 24" in order to provide capacity for their property when it develops at some
future date.
At the October 21, 1992 meeting, the City Council directed staff to bring back
an agreement between the property owners and the City to accomplish this, and
to prepare appropriate environmental clearances. The negative declaration will
be coming back to the Council for possible certification at the December 26,
1992 meeting.
The attached agreement reflects the previous discussions and agreements between
the parties. Under this document, the property owners agree to do the
following:
1. Pay directly to the Century Meadows developers all costs of oversizing
the line;
2. Pay all costs to the City for engineering and other applicable fees for the
oversizing project;
3. Pay all costs of oversizing the lift station, force main and collector
lines at the time of construction, including any necessary redesign costs;
4. Defend and indemnify the City from any legal challenge to the oversizing
project;
5. Dedicate all necessary easements for Harney Lane widening from Mills
Avenue to the Southern Pacific Railroad right-of-way;
6. Dedicate the lift station site and associated easements.
N
APPROVED: to at
THOMAS A. PETERSON wycl paper
City Manager
SEWERCC/TXTA.01V
a
AGENDA TITLE: Ag—ement for oversizing of sewer 1—e south of Harney
Lane (Kjeldsen-Sinnock Report)
MEETING DATE: November 18, 1992
PAGE TWO
In consideration, the City will consent to the size increase, and further
agrees to consider a request at some future date for reimbursement of a portion
of the cost. However, the City does not obligate itself by this agreement to
approve such request.
The legal description for the easements and the lift station site are now being
prepared and will, if Council approves, be attached to the executed agreement.
FUNDING: To be determined.
Respectfully submitted,
Bob McNatt
City Attorney
BM/vc
attachment - Note: Exhibit A, the vjeldsen-Sinnock Study, is not included herein.
Ddlibits C and D, the easement descriptions, will follow.
cc: Community Development Director
Assistant City Engineer
SEWERCC/TXTA.oly
AGREEMENT
THIS AGREEMENT, is made this day of November, 1992 by and
between MARIAN M. FRY, FELIX COSTA, CARL FINK, VERA PERRIN, WILLIAM BECKMAN
and CHARLES BECKMAN (hereinafter collectively referred to as "Owners") and
the CITY OF LODI, a political subdivision of the State of California
(hereinafter referred to as "City").
WITNESSETH:
°., WHEREAS, Owns have submitted to City a South Lodi Sanitary Sewer
Study of the Harney Lie Lift Station Area (hereinafter referred to as
"Study"), prepared by Kjeldsen-Sinnock & Associates, Inc., Civil Engineers
(Exhibit A). The Study evaluated the f ;ibility of extending the Harney
Lane Lift Station Service Area to serve the area south of Harney Lane;
WHEREAS, the Lodi City Council, relying on the accuracy of the Study
has accepted the technical recommendations of the Study and the City staff
report presented at the City Council meeting of October 21, 1992;
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
1. Owners shall pay the following:
(a) Costs of design and oversizing of a twenty-four inch (24")
sewer main within the limits of the Century Meadows Subdivision,
as set forth in Alternative 4 of the Study identified above, in
amounts to be agreed-upon with and paid directly to the Century
Meadows developers.
(b) Costs of preparing plans to City specifications for the
above and payment of apT-ropriate engineering and other fees in
accordance with City of Lodi written policies and requirements.
.I-
(c) �-Osts of oversizing the lift station, force main, and
collector lines entering the lift station, as identified in
Exhibit B hereto. payable at the time of approval of construction
plans. It is understood that the present cost estimate of
oversizing the lift station and force main is approximately One
Hundred Ten Thousand Dollars ($110,000). and the cost of
oversizing the collector lines entering the lift station is
approximately Sixty Thousand Dollars 1560,0001, per Exhibit B.
(d) Cost to modify the lift station as needed to later serve the
area south of Harney Lane at the time of development.
2. Owners will indemnify, defend and hold harmless from and against
any and all liability or actions accruing as a result of the City's
decision to install such oversized facilities as referred to above, where
such action or proceeding arises out of the City's approval of a negative
declaration for said facilities.
3. owners shall, upon execution of this agreement, dedicate to City:
(a) The lift station site and adjacent construction easement on
the south side of Harney Lane, east of Mills Avenue, more
particularly described in Exhibit C hereto.
(b) Street right-of-way and construction easement on the south
side of Harney Lane from Mills Avenue to the southern Pacific
Railroad right-of-way, more particularly described in Exhibit D
hereto.
(c) Omwm acknowledge that such dedication is necessary
concurrently with execution of this agreement since construction
of the facilities must occur before development south of Harney
Lane in order to serve areas north of Harney Lane which at
present have priority under the City's Growth Management Plan.
4. Ownu.s may, at an appropriate future date, apply to City for a
reimbursement agreement in accordance with Lodi Municipal Code Chapter
.2-
1.6.40, but noth_-.g herein shall be deemed to ob—gate the City to approve
such reimbursement agreement.
S. owners acknowledge that because of engineering concerns arising
from such oversizing, the trunk sewer line in Harney Lane will require
special construction due to its depth and that the number and location of
fr..ture connections will be limited. Special manholes and/or parallel lines
m:.y be needed to serve adjacent property.
IN WITNESS WHEREOF, the parties hereto have set their hands the day
and year first hereinabove mentioned.
"CITY" "OWNERS"
CITY OF LODI,
a political subdivision
of the State of California
THOMAS A. PETERSON
City Manager
ATTEST:
ALICE M. REIMCHE
City Clerk
Approved As To Form:
BOBBY W. MCNATT
City Attorney
MARIAN M. FRY
FELIX COSTA
CARL FINK
VERA PERRIN
WILLIAM BECKMAN
CHARLES BECKMAN
.3-
Exhibit B
South Lodi Sanitary Sewer Analysis
Notes:
1 Costs per Nalla Development Impact Fee Study. ENR updated to July 1992
2 Costs per Kieldsen•Sinnock Study. July 1992
3 First phase of lift station estimated by City at 90% of total cost
4 Ex. Master Plan & Alt. 1 assumed to be equivalent at average cost of $351,000,
FINK SS.XIS
Existing
Master Plan
South Lodi Sanitary
Alt. 1 Alt. 2
Sewer StudyI
Alt. 3 Alt. 4
Phased Construction
Alt 4-1 Alt. 4-2
Area served:
292 acres
244 acres
546 acres
244 acres
302 acres
North of
North of Harney
Ln.
North of Harney Ln.
North of
South of
Harney Ln.
(Alt. 1&2) plus 302
Harney Ln.
Harney Ln.
acres south of Harney
Lift Sta. Location:
Lower Sac.
Lower Sac.
Mills Ave.
I Lower Sac. Mills Ave.
Mills Ave.
@Harney
N/Harney
@ Harney
@ `Harney
@ Harney @ Harney
Lift Sta. Cost:
$280,000
$285,000
$298,000
$478,000 $433,000
$390,OOC
$43,0003
Oversize Main Cost:
$67,000
$70,000
$92,000
$227,000 $211,000
$127,000
$84,0002
Total Cost:
$347,0001
$355,000
$390,000
$705,000 $644,000 2
$517,000
$127,000
Cost above Ex. Plan/Alt. 1
4
to develop area north
$39,000
$166,000
Harney:
Cost per acre:
$1,200
$1,500
$1,600
$1,30 $1,200
$2,100
$400
Notes:
1 Costs per Nalla Development Impact Fee Study. ENR updated to July 1992
2 Costs per Kieldsen•Sinnock Study. July 1992
3 First phase of lift station estimated by City at 90% of total cost
4 Ex. Master Plan & Alt. 1 assumed to be equivalent at average cost of $351,000,
FINK SS.XIS