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HomeMy WebLinkAboutAgenda Report - October 15, 1997CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Improvement Agreement Addendum and Acceptance of Improvements in Bridgetowne, Unit No. 1, Tract No. 2133 MEETING DATE: October 15, 1997 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council take the following action with regard to the Bridgetowne, Unit No. 1 subdivision: 1. Adopt the attached resolution accepting the subdivision improvements for Bridgetowne, Unit No. 1, Tract No. 2133. 2. Direct the City Manager and City Clerk to execute the improvement agreement addendum for Bridgetowne, Unit No. 1, on behalf of the City. 3. Appropriate funds for required payments and reimbursements. BACKGROUND INFORMATION: The final map and improvement agreement for the Bridgetowne, Unit No. 1 subdivision were conditionally approved by Council on December 18, 1996. The subdivision is located north of Turner Road, south and east of the Woodbridge Irrigation District canal and west of the Wine and Roses Country Inn, as shown on Exhibit A. Improvements at Bridgetowne, Unit No. 1, Tract No. 2133 have been completed in substantial conformance with the requirements of the improvement agreement between the City of Lodi and Chris R. Keszler, LaVeta Keszler, A. Fred Baker and G. Camy Baker and as shown on Drawings No. 96DO56 through 96DO64 and 96D082. The Bridgetowne, Unit No. 1 subdivision includes installation of street improvements on the north half of Turner Road which includes the future neighborhood park site (Lot 1) frontage. The developer will also be performing additional pavement removal and reconstruction work in a 12 -foot wide strip south of the centerline on Turner Road which is included in the City Pavement Maintenance Program and was not addressed in the original improvement agreement. The installation of curb, gutter, sidewalk and new underground public utilities has been accomplished for this project. However, the pavement in the interior streets in this subdivision is not acceptable to the City and must be repaired. The developer has provided an improvement security for the asphalt corrections that are needed. Relocation work by public utilities having existing facilities within the Turner Road right of way has delayed completion of the street paving work in Turner Road. Since the scheduling of the utility relocation work is beyond the developer's control, the developer has requested that the subdivision improvements be accepted prior to completion of the Turner Road street paving. APPROVED: H. Dixon Flynn -- City Manager Ciaa&acl.doc 10/07/97 Improvement Agreement Addendum and Acceptance of Improvements in Bridgetowne, Unit No. 1, Tract No. 2133 October 15, 1997 Page 2 The developer has executed an improvement agreement addendum which sets forth the conditions under which the subdivision improvements can be accepted prior to the completion of the Turner Road street paving and has provided the necessary improvement security for this work. The addendum also provides for payment for the additional pavement removal and reconstruction work which is included in the City Pavement Maintenance Program and will be installed by the developer with the Bridgetowne project. The developer has also installed a 10 -inch public water main which extends easterly in Turner Road from the Bridgetowne subdivision boundary to the existing water main in Turner Road. The developer was required to perform this work to provide water service to the subdivision due to nonperformance of the adjacent property owner who was to install the water main under the terms of an improvement deferral agreement recorded June 18, 1991 in the office of the County Recorder. Performance under the deferral agreement was requested by Council action on December 18, 1996. Since the City Attorney's office will be instituting legal proceedings against the adjacent property owner to recover the cost of the water main installation and associated legal costs, the improvement agreement addendum contains a provision to reimburse the developer for the cost of this work. The streets to be accepted are as follows: Streets Length in Miles Bridgetowne Drive 0.19 Bristol Lane 0.13 Inverness Drive 0.11 Regent Street 0.09 Stratford Way 0.03 Turner Road 0.00 Waterford Way 0.11 Total New Miles of City Streets 0.66 FUNDING: Funds will be provided from the following sources: 1. Water Fund $ 5,871.25 2. Street Fund 36.439.59 ''`` ll Total $42,310.84 Funding Available: :W�""`a'i _R - ` Finance Ifirector _ Ja k L. Ronsko Public Works Director Prepared by Sharon A. Welch, Associate Civil Enginee Attachments cc: City Attorney Senior Civil Engineer Associate Civil Engineer - Development Services Chris R. and LaVeta Keszler Fred and Camy Baker Baumbach & Piazza CiaaUd.doc 1017197 { °F`CITY OF • v (� •;rr .. PUBLIC WORKSDEPARTMENT L EXHIBIT A BRIDGETOWNE I v000vx'ry ' I o z � •0 e pLn J -I R II•i x:45 (' • � � "..�� N C_J- O p f l � �.J I a I 7TNT2 •arx e I 11 •n it afl�aT • ; � Y � II I • of . . v� 5 . • I fl 971VbbO When Recorded, Please Return to: R c CO R D E R Lodi City Clerk COUNTY CLE" P.O. Box 3006 JI-tHES i•1. jOHNSTOl Lodi, CA 95241-1910 97 OCT 17 APS 9: 2', RESOLUTION NO. 97-173 S N JOAQUIN COUNT CM SHOWN A RESOLUTION OF THE LODI CITY COUNCIL APPROVING FEE _ THE IMPROVEMENT AGREEMENT ADDENDUM, ACCEPTING THE SUBDIVISION IMPROVEMENTS INCLUDED IN THE IMPROVEMENT AGREEMENT FOR BRIDGETOWNE, UNIT NO. 1, TRACT NO. 2133 AND Zxjr APPROPRIATING FUNDS FOR REQUIRED PAYMENTS AND REIMBURSEMENTS WHEREAS, under the terms of the Improvement Agreement dated December 18, 1996, for Bridgetown, Unit No. 1, the subdivision includes installation of street improvements on the north half of Turner Road which includes the future neighborhood park site (Lot 1) frontage. The developer will also be performing additional pavement removal and reconstruction work in a 12 -foot wide strip south of the centerline on Turner Road which is included in the City Pavement Maintenance Program and was not addressed in the original improvement agreement; and WHEREAS, the installation of curb, gutter, sidewalk and new underground public utilities has been accomplished for the project; however, the pavement in the interior streets in this subdivision is not acceptable to the City and must be repaired. The developer has provided an improvement security for the asphalt corrections that are needed; and WHEREAS, relocation work by public utilities having existing facilities within the Turner Road right-of-way has delayed completion of the street paving work in Turner Road. Since the scheduling of utility relocation work is beyond the developer's control, the developer has requested that the subdivision improvements be accepted prior to completion of the Turner Road street paving; and WHEREAS, the developer has executed an improvement agreement addendum which sets forth the conditions under which the subdivision improvements can be accepted prior to the completion of Turner Road street paving and has provided the necessary improvement security for this work. The addendum also provides for payment for the additional pavement removal and reconstruction work which is included in the City Pavement Maintenance Program and will be installed by the developer with the Bridgetown project; and WHEREAS, the developer has also installed a 10 -inch public water main which extends easterly in Turner Road from the Bridgetown subdivision boundary to the existing water main in Turner Road. The developer was required to perform this work to provide water service to the subdivision due to nonperformance of the adjacent property owner who was to install the water main under the terms of an improvement deferral agreement recorded June 18, 1991 in the office of the County Recorder. Performance under the deferral agreement was requested by Council action on December 18, 1996. Since legal proceedings will be instituted against the adjacent property owner to recover the cost of the water main installation and associated legal costs, the improvement agreement addendum contains a provision to reimburse the developer for the cost of this work; and 97103668 Resolution No. 97-173 Page Two WHEREAS, staff recommends that Council approve the Addendum to the Improvement Agreement and allow acceptance of the public improvements for Bridgetowne, Unit No. 1 prior to completion of the Turner Road street paving. The City Council of the City of Lodi finds: 1. That the Addendum to the Improvement Agreement is hereby approved and further authorizes the City Manager and City Clerk to execute said Addendum; and 2. That all requirements of the Improvement Agreement between the City of Lodi and Chris R. Keszler and LaVeta Keszler, A. Fred Baker and G. Camy Baker, for the improvements for Bridgetowne, Unit No. 1, Tract No. 2133, have been substantially complied with. The improvements are shown on Drawings Nos. 96D056 through 96D064 and 96D082 on file in the Public Works Department; and 3. That funds in the amount of $42,310.84 (Water Fund $5,871.25; and Street Fund $36,439.59) be appropriated for required payments and reimbursements; and 4. The streets to be accepted are as follows: Streets Length in Miles Bridgetowne Drive 0.19 Bristol Lane 0.13 Inverness Drive 0.11 Regent Street 0.09 Stratford Way 0.03 Turner Road 0.00 Waterford Way 9.L1 Total New Miles of City Streets 0.66 Dated: October 15, 1997 I hereby certify that Resolution No. 97-173 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 15, 1997 by the following vote: AYES: COUNCIL MEMBERS — Land, Mann, Sieglock, Warner and Pennino (Mayor) NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None .)� ALICE M. REIMCHE City Clerk 97-173 CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 October 8, 1997 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Mr. and Mrs. Chris R. Keszler Mr. and Mrs. Fred Baker Baumbach & Piazza c/o 317 W. Lodi Avenue 317 W. Lodi Avenue 323 W. Elm Street Lodi, CA 95240 Lodi, CA 95240 Lodi, CA 95240 SUBJECT: Improvement Agreement Addendum and Acceptance of Improvements in Bridgetowne, Unit No. 1, Tract No. 2133 Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 15, 1997. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Alice Reimche, City Clerk, at 333-6702. If you have any questions about the item itself, please call Sharon Welch at 333-6800, ext. 659. _ JLRflm Enclosure / - cc: City Clerk NCIAABAC.DOC CITY COUNCIL PHILLIP A. PENNING, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 October 23, 1997 Farmers & Merchants Bank Attention Alan Goldberg 121 West Pine Street Lodi, CA 95240 SUBJECT: Bridgetowne, Unit No. 1 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney The City Council at its meeting of October 15, 1997, accepted the public improvements completed in the above subdivision and approved an Addendum to the Improvement Agreement for the Public Improvements of Bridgetowne, Unit No. 1. Copies of the resolution of acceptance and the Addendum are enclosed. Under Section 4 of the Addendum, the developer must provide improvement security for the street paving in Turner Road. The developer requested that the security provided for the other improvements within Bridgetowne be reduced to the amount needed for the street paving. This request was agreed to and the Instrument of Credit for Faithful Performance in the amount of $1,021,456.71 can be reduced to $167,816.85. This amount must remain as security until the Turner Road paving is accepted by the City. The entire Instrument of Credit for Labor and Materials must remain in effect until January 14, 1998, when it can be reduced to $83,908.43. The reduced Labor and Material security will be released 90 days after acceptance of the Turner Road Paving. If you have any questions, contact Sharon Blaufus at 333-6706. Richard C. Prima, r. City Engineer RCP/SB/sb Enclosures cc: City Clerk Chris & LaVeta Keszler Fred & Camy Keszler Baumbach & Piazza IMM CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY C. DAVENPORT STEPHEN J. MANN JACK A. SIECLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6842 Dr. and Mrs. Chris R. Keszler 317 West Lodi Avenue Lodi, CA 95240 October 22, 1997 H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney Mr. and Mrs. A. Fred Baker 317 West Lodi Avenue Lodi, CA 95240 SUBJECT: Improvement Agreement Addendum and Acceptance of Improvements in Bridgetowne, Unit No. 1, Tract No. 2133 The City Council at its meeting on Wednesday, October 15, 1997, approved the Improvement Agreement Addendum and accepted the public improvements that were made in the subject project. Enclosed for your files is a fully executed copy of the agreement addendum and a copy 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 except those improvements delineated in the agreement addendum. Enclosed is a copy of the letter sent to Farmers & Merchants Bank reducing the security amounts of your faithful performance and labor and material instruments of credit to the amounts needed for the improvements under the improvement agreement addendum. The instruments of credit will be released when the City accepts the paving on Turner Road. The money that was deposited for the pavements within the subdivision will be released when the corrections have been made to the City's satisfaction. Also enclosed is a check in the amount of $5,871.85 for the installation of the water main in Turner Road. This work was accepted along with the Bridgetowne improvements. If you have any questions, please contact me. C. Richard C. Prima, City Engineer RCP/SB/sb Enclosure cc: Electric Utility Department Water/Wastewater Division Street Division City Clerk Farmers & Merchants Bank Lacwpt