HomeMy WebLinkAboutOrdinances - No. 1785GIN C~~NClb OF THE CITY OF L DI AS FOLLOW^:
. The prope~tes subject to this Development A reement (DA) (Q6-~M-Q1) include
e of Harney bane between State Highway 99 and the
to the west - Assessors Parcel Numbers 058-1 1 Q-04,
220 acres located on th
-1 30-01, 058-
21, 058-1 30-22,
. The ~ollowing properti parcels within the Development
nd may be added to the
130-03, 058-1 3Q-Q5,
. The applicant for the requested Development Ag?eement is as follows:
equested Revelopment Agreement is summari~ed as follows:
reement be~een the City and the
rovide c~~ai~ benefits to the City in
a vested right to proceed nt consistent with the
approval~. The term of the ment is 15 years. The
the developer o~t~~ns is the ith the development as
d to avoid the imposition of new on subsequent disc~e~iona~ . vesting ~entative m~ps) for the de
finds that the proposed Development Agreement is
use designation and the zoning for the proposed
uncii, by Resotution No. ZOQ6-i6 , has ce~ified the ~eynotds ~anc~
rt far the ~roposed project.
Council hereby ad~pts ~rdinan
een the City of Lodi and San J
No. 1785 approvin
uin Valley band Co
uty of Care. This or~inance is not in~ended to and shall not be
a man~er which imposes upon the City, or any off icei or employe
of care towards persons or prope~y within the City or outside of th
IS of civil ~i~b~lity for damages, except as othe~ise imposed by law.
verabili~. If any pro n of this ordinance or the application thereof to any
~er~on or circum5tances is held inv such invalidity shall not affect other provisions or
appli~a~ion~ of the ordi~ance whic he given effect without the invalid p~ovision or
applica~io~. To this end, the provis~ons of this o~dinance are severable. The City Council
~erehy declares that it wauld have adopt~d this ordinance irrespective of the invalidi~y of any
pa~icul~r po~i~n thereof.
. This ordinance shall be puhli~hed one time in the “Lodi ~ews-Sentinel,” a daily
eneral circulation printed and published in the City of Lodi, and shall take effect
thirty days from and after its passage and approval.
Approved this 6‘h day of Sep~embe~, 2006
aybr
Lodi, CA 9~2~1-1~10
Ann: City Clerk
(SPACE A~OV~ THIS LINE R~S~RV~D FOR
~~C~R~~R’S USE)
T T
T
......................................... 3 R~~ITALS ........ .......................................... ....................
.............................. ....................... 3
............................................................ 3
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9. Development A~reement ................................................................. 5
70. Consistency with General
2 1. Creation of ~areer"0~ient~ .....................................................
................................................................ 5
and~wner .......................
.................................................
esidential Lot. .................................. 6
...............................................
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................... 11
6.5 Annexation
~~~~equently Enacted Fees, Dedications, Assessments and Taxes. ................. 16
g Fees and Charges .................................
................................................................ 27
11. Amendment or ~ancella~ion ........................................................
21.1. Mo~ificati~n Because o State or Federal Laws ............................................... 19 ................... 19
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14. Default. ........
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s - day af -_____,
"), and, SAN jOA~Ul~
hereina~er collective1
. To strengthen the public planning process, encourage private
and reduce the economic risk of develop men^, the
opted ~overnment Code Sec~ion 5864, et seq. (the
tute"), which authorizes the City and any pers having a legal or
equitable interest in the real prope~y lo enter into a development a~reemen~, establishing
certain development rights in the Prope~y which is the subject of the developmen? project
appl~cation.
Ids a legal or equ~table interest in certain real prope~y
n Joaqutn, more pa~icularly described in Exhibit A-I
hereto (the "~rope~y~'~. Landowner represen~s that all persons holding
tained various approvals from the City (described in
ixed use project known as Reynolds Ranch (the
legal or e~ui~a~le interests in the Prope~y shall be bound by this Agreement.
. On _I__________-_ r 2006, the Plannin~ omm mission of the City
cy for pufposes of development agreement review
-, 2006, the City Council ce~i~ed as
, considered this Ag~eement.
nvironmen~ai Impact Report ("E
R and are incor~orated into the
and into ?he te
City Council ~oncur~entl~ with this Agre~ment.
ment, as reflected by the findin s adopted by the
. The follow in^ land use approvals (together the "Project
r the Property, which entitlements are the subject of this Approvals'~) h
A~reement.
The EIR. The ~itigation Measures in the EIR are incorporated into the
e terms and conditions of this agree men^ (City Resolution No. );
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~ A General Plan Amendment (the ”General ~lan”), (attached hereto as
) app~oved by the City on 2006 (City Resolution No. -_______- );
.3. The Zontng of the Property (attached hereto as Exhibit -1) approved by
the City on 200 (City ~rdinan~e No. _----I;
t Plan and Infrastructure Plan the Project (a~ached
City on , 200 y City Resolution No.
.7. The Growth ~anagement Allocations, as required by Chapter 15.34 of
icipal Code as set forth in xhibit E, approved by the City on
--I-__- ---r y City R~$R~u~~o~~ No. ;
. This ~ev~lopment Agreement, as adopted on - , 2006 by
(the “Adopting ~rdinance”); and,
granted by San Joaquin County Local Agency
a~ached hereto.
. ~evelopment of the roperty will result in a
of which will be provid d by the City to such
owner’s obligations hereunder. With respect to
e map approved for the
. Landowne~ agrees to
quired herein to mitigate
impacts on the community of the development of the Property, and City agrees to provide such
d services as required herein to assure that Landowfle~ may proceed with and
ment of the Property in accordance with the terms of this Agreement. City and
nize and agree th ts but for Landowner’s contributions set forth herein
including contribu~ions to mitigate the impacts arising as a result of development entitlements
granted pursuant to this Agreement, City would not and could not approve the development of
the Prope~y as provided by this Agreement and that, but for City’s covenant to provide certain
facilities and services for development of the Property, Landowner would not and could not
commit to provide the mitigation as provided by this Agreement. City‘s vesting of the right to
develop the Property as provided herein IS in reliance upon and in consideration of Landowner’s
agr~em~n~ to make c~nt~ibution$ toward the cost of public improvements as herein provided to
miti~ate the impacts of d~velopmen~ of the Property as deveiopment occurs.
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. City and Landowner have
forth in, the Development
uncil Resolution No. 2005-
ation and app~oval of the pre-annexation and development agreement.
Having duly examined and
blic hearings hereon, the City
found that this Agreement satisfies the Government Code $65867.5 requirement of general plan
con~istenoy.
Landowner~s
appropria~e balance
between jobs and housing by providing, in part. an office development that will house a regional
office for Blue Shield which will ~rovide caree~-oriented employment including benefits for 1600
employees. These employment po~itions are in additfon to the employment oppo~unities that
will be provid~d as part of the operation of 3~0,000 square feet of retail space within the project.
in consideration of the mutual promises, conditions and
arties agree as follows:
T
The Preamble, the Recitals and all defined terms set
forth in both ar his Agreement as if set forth herein in full.
he property, whfch is the subject of this Development
depicted in Exhibit A-2 atlached hereto property").
. The Landowner has a legal or equitable interest in the
all persons holding legal or equitable interests in the
eflt. The Parties acknowledge that Landowne~ does not
(APN Nos. 058-2 10-05, 058-130-02, 058-130-
130-10, ~58-13~-14 and 05~-1~0-18 "Added
Parcels"~ that total acres and are included within the area that is being pre~oned and
to which the ~eneral Plan and Zoning designation^ will apply. The Parties agree that upon
Landowner's obtaining legal or equitable interest in the Added Parcels Section 2, Description of
amended pursuant to 'on 11.3 (Insubstantial Amendment) to include the
e Parties agree that u pproval of said amendment by the Landowner and
the City, the Added Parcels shall be subject to all provisions of this Agr ernent as though the
Added Prope~y was iflcluded within the ment at the date of the ffective Date. Subject to
as to form of the amendmen ment by the City Atto y. the City ~anager is
ut~ori~ed to execufe this amend~ent on be~alf of the City,
. It is understood that this Agreemeflt is a
red into by City and Landowner and that
Landowner is not an agent of City. The City and Landown~r hereby renounce the existence of
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any form of joint venture or pa~nersh~p between them, and agree that nothing contained herein
or in any document executed in connecti herewith shall be construed as making the City and
and owner joint venturers or partners.
The effective date of this Agreement ~~ffective Date") is
_l-_____l_, ve date of City Ordinance No. adopting this
A~reement.
. Upon exe~ution, the term of this Agreement shall commence on
and extend for a period of fifteen (15) years, unless said term is terminated,
ed by circumstances set forth in this A~reement. Follow~ng the expiration of
ement shall be deemed terminated and of no further force and effect. Said
reement shall not affect any right or duty created by City approvals for the
r to, concurr~ntly with, or subsequent to the approval of this Agreement
nor the ohligations of Sections 20, 24 of 25 of this Ag~eement. In the event that litigation is filed
by a third party (defined to exclude City and Landowners or any assignees of ando owner) which
seeks to invalidate this Agreement or the Project Approvals, the expiration date af this
Agreement shall be extended for a period equal to the length of time from the time the summons
and omp plaint an lor petition are served on the defendant(s) until the judgment entered by the
court is final and ot Subject to appeal; provided, however, that the total amount of time for
which the expiration date shall be exten~ed as a result of such litigation shall not exceed four
years.
This Ag~~ement shall automatically be ~erminated, wi~hout any further action by either
y or need to record any additional document, with respect to any single-family residential lot
ted by the Project Approvals for residential use, upon ~ompletion of
e by the City of a final occupancy permit for a dwell~n~ unit upon such
onveyance of such improved residential lot by ~andown~r to a bona-frde
ther~of. In connection with its issuance of a final inspection for such
all confirm that all improvements, which are required to serve the lot, as
determined by City, have been accepted by City. Termination of this Agreement for any such
residen~ial lot as provided for in this Section shall not in any way be construed to terminate or
modify any as$essment district or ~ello-~oos Community Facilities District lien affecting such
lot at the time of termination.
within a parcel des
. Landowner shall have the vested right to
and conditions of this Agreement, the Project
and ordinances (except as expressly modi~ed
ndmen~s to any of them as shall, from time to
Landowner~s vested right to develop the
Property shall be subject to subsequen~ approvals, provided however, except as provided in
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~ection 6.3, th any conditions, terms, restrictions and requirement§ for such sub§equent
approvals shall I prevent development of the Property for the uses, or reduce the density and
intensity of develo~ment, or limit the rate or timing of development set forth in this Agreement,
so long as Landowner is not in default under this Agreement. Notwifhstanding the vested rights
granted herein, Landowner agrees that the following obligations, which are presently being
developed. shall apply to dEvelOPment of the P~operty:
Payment of a development fee for a proportionate share of the
cost of the Hi~hway 99 ove~pass at Harney Lane.
.2 Payment of Agricultural Land Mitigation fee, as identified in
Mitigation Measure 3.7.2, pursuant to the ordinance andlor
resolution to be adopted by the City of Lodi. The Parties agree
that Landowner may satisfy this obligation rough com~l~ance
with the obligation set forth in Section 2 f the ~e~iement
Agreeme~t assuming the obligation in Secti 5 remains in full
force and effect. Any acreage not mitigated through the
settle men^ Agreement will remain subject to the Mi~igation
Measure 3.7.2.
lectric capita^ Improvement tiga gat ion fee (see
Section 6.4~~ff) pur~uant to the ordinance andlor resolution to be
adopted by the City of Lodi. The fee for the first 150 Planned
Low Density residential units shall be the fee in effect
ffective Date of this Agreement. All other residential
ercial and office development shall pay the fee in
effect at the time the fee is collected.
Payment of development fee for prop or ion at^ share of the costs of
the of designing and const~ucting a water treatment system andlor
percolation system Tor treatment of water acquired from
Woodbrid~e Irrigation District (see Section 6.4.7) pursuant to the
ordinance anior resolution to be adopted by the City of Lodi.
.I.?
With re~ards lo the fees identifi~d in ections 6.1.2, 6.1 2, 6. I .3, and 6.2.4 and these fees only,
Landowner hereby consents to their imposi~ion as condition§ of approval on any discretiona~ or
ministerial land use entitlement subsequently ranted by the City including but not limited to
issuance of ~~jilding rmits. City agree^ that the fees payable by the Landowner pursuant to
§e~t~~ns 6.1.1, 6.1.2 1.3 and 6.1.4 shall be adopted in conformance with applicable law, and
shall apply uniform1 all new dev~lopment on properties within the City that are zoned
consistent with the Project Approvals, or apply uniformly to all new development on properties
that are similarly situated, whether by geographic location or other dis~inguishin~ circums
Except for the fees identi~ed in this A~reement including but not limit~d to the
Approvals, ~ectjons 6.1.1, 6.2 2, 6.1 3, 6.T.4 and .3, no other subsequently enacted
develo~m~nt or capital fee shall be imposed as a condition of approval on any discretionary or
ministerial decision. The Parties ac~nowledge and agree that the fees applicable to the
development pursuant to the Project ~pprovals and this Agreement may be increased during
the term of this Agreement provided that the increased fees are adopted in conformance with
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uniforml~ to all new development on properties within the City that are
the Project Approvals, of apply uniformly to all new develapment on
ilarly situated, w~ether by geographic locatian or other distingu~shing
ci~cumstances.
. The permitfed uses of the Prope~, the density and
size of proposed buildings, pravisi~ns for reservation
for public purposes, focation and main~enance of on-site and off-site
and other terms and condi~~ons of development
e set forth in this agree men^, the Project Approvals and
r the Project Approvals. City acknowledges that the
ses and approximate acreages for the Property as set
ect Approvals ant~cipate a mixed-use project that
tiai, public/quasi-public, open space, and park uses
Landowner. ando owner and City agree that ?he mix of land uses p~opo§ed,
ly the office development far Blue Shield and the retail development, are
of land uses to promote economic development, a
r the residents of the project and the City and that the
in this Agreement are establish~d at their identi~ed
level based upon the existence of that balance. With regards to the property des~gnat~d in the
Project Approvals for afke and commercial development, Landowne~ agrees that during the
term of this Agf~ement Landowner will not request andlor pursue a general plan amendment or
zone change to aut rize any other type of land use on the office and commercial properties
without first obtaini the consent of the City which the City may, in its sole and absolute
discretion, wi~hhold. The obligation set forth in this paragraph shall terminate as to the office
property upon the ~ccupancy of the proposed office development by Blue Shield.
itv intend that, exceDt as otherwise exnressly nrovided in this Aqreement. this
Agre~ment shall vest the Project App~ov~ls against subseque~t City resolutions, ordinances and
init~atives approved by the City Council of ?he electorate that directly or indirect~y limit the rate,
timing, or sequencin~ of deveiopment, or prevent or conflict with the perm~~ed uses, density
and ~ntensity of uses or the right to receive pub~ic services as set forth in the Project Approvals;
provided however, Landowner shall be subject to rules, regulations or policies adopted as a result
of c~a~ges in fede~ai or state law (as provided in Section 7.3) which are or have been adopted on
a uniformly appii~d, City~wide or area-wide basis, in which case City shall treat Landowner in a
uniform, equitable and proportionate manner with all properties, public and private, which are
~mpacted by the chan
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e City's Growth Management Program, which shall apply to the Pro~ect, e provided herein, no tentative map for any portion of the Property shall be
issued until such time as Landowner has obtained allocations for each residential unit within the
area covered b
1521), codified
map, consistent with the Growth ~anagement
tion 15.34 of the City of Lodi ~~nicipal Code.
rdinance (Ordinance
b. Schedule of Allocation of Residential Units
The following s~hedule of ~esidential unit allocations shall apply to the Project.
Initial Allocation:
his Agreement, the following number of residential units shall be
ect from the City's reserve of unused allocations ~lnitiai allocation^):
esidential Low Densi~y)
in Section 6.3.l(a) above the Initial llocation shall be
rowth Management Ordinance and solutions 91-170 and
Date of this Agreement, Landowner shall be entitled to apply for future
in ~hree-year incr~ments, and on a rolling basis. Provided that Landowner
with the City's Growth ~anagement Program, Land~wner shall be entitled to
"Annual Allocations") under the Program for seventy~three (73) Planned
sity res~dentiai units, each year, for eight (8) years after the Effective Date or
any extension thereto granted pursuant to Section 5.2.
I low density allocations granted hereunder shall be
nlial low density units approved in the Project
The total nu~~~r of ~~anned Res'
Approvals. The use of such allocations shall be res~ricted to the year for which such allocations
were made, consis~ent with the Growth ~anagement Ordinance.
Landowner is not required to apply for such ailocatfons on an annual b~~is. Landowner may
all development plan and related requirements under the Growth
nee and Resolutions 91-170 and 91-171 every third year, at which time
r allocations for the next ~hree-year period. After the expiration of the
Allocation was issued to Landowner, Landowner may ~ubmit a request
ity another Annual Allocation, such that Landowner may maintain, on a
r of allocations equal to three Annual Allocations. ~xcept for allowing the
and owner this flexib~lity in terms of the number of years for which Landowner may apply, all
requests for Annual Allocations must otherwise comply with the Growth Management Ordinance
and ~esolution§ 91-270 and 91-171
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The requirement that Landowner apply for Annual Allocations does not alter the vested rights of
the Project, specifical~y as to the General Plan and zoning designation of the Project.
Except where othe~ise specifically stated herein, nothing in this section 6.3.1 is intended to
modi~ in any way the City's Growth Management Program, including its exemptions under
Section ~5.34.04~ (e.g., for commercial and industrial projects, and senior citizen housing).
Section 6.3.2 Future Growth Control Ordinances/Policies, Etc.
(a) One of the specific purposes of this agree men^ is to assure
~eveioper that, during the term of this Agreement no gr~wth-management ordinance, measure,
policy, re~ulation or develop~ent moratorium of City adopted by the City Council or by vote of
the electorate after the Effective Date of this eement will apply to the Property in such a
manner SO as to the reduce the density of deve ent , modify the perm~ssibl~ uses, or modify
the phasin~ of the development as set forth in the Project Approvals.
(b) there fore^ the parties hereto agree that, except as otherwise
expressly provided in the Project Approvals, Sections 6.1, 6.3.1 or 6.4 or other provision of this
Agreement which e ressly authori~e ity to make such pertinent changes, no ordinance,
policy, rule, reguiati cisio ion or any other City action, or any initiative or referendum voted on
by the public, which would be applicable to the Project and which would affect in any way the
rate of development, construction and build out of the Project, or limit the Projec~s ability to
receive any other City service shall be applicable to any portion of the Project during the term of
this Agreement, whefher such acfion is by o?dinance, enactnient, resolution, approval, policy,
rule, regulation, decision or other action of City or by public initiative or referendum.
City, ~hrough the exercise of either its police power or its
ether by direct City action ar initiative OF referendum, shall not establish, enact
diti~na~ condit~ons, dedications, fees or other exactions, policies, standards,
, which directly relate to the development of the Project except as provided in
other p?ovision of this Agreement which expressly allows
herein prohi~its the Project from being subject to a (i) City-
cia1 or general tax, or (iii) special assessment for the
tenance of a City-wide facility as may be voted on by the electorate or
rovided that such tax, assessment or measure is City-wide in nature, does
st the land within the Project and does not distinguish between developed
b3
(d) This Agreement shall not be construed to limit the autho~ity of City to
fees for land use ap~rovals, public facilities fees and building permits as they
, mechanical, electric or fire code permits, or other similar permits and
entitlements which are in force and effect on a city-wide basis at the time those permits are
plied for, except to the extent any such processing regulations would be inconsistent with this
reement.
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(el Notwi?hstanding subdivision (b), the City may condition or deny a
permit, approval, extension, or entitlement if it determines any of the following:
(7) A failure to do so would place the residents of the Project
or the imMediat community, or both, in a condition d~ngerous to their
health or safety,
(2) The condition or denial is required in order to comply with
state or federal law (see Se~ion 9.3). .
Landowner agrees
improvements as des~ribed and set
ando owner shall be entitled to a
d~di~ation requirments for the valu
with the parks on the Property. Th
the Phasing Schedule attached her
es that within eight years of the Effective Date of this Agreement, Landowner
,2~0,000 of rehabilitating fifty single-
family or multi-family residential units within the area nded by the Union Pacific rail~oad
tracks, Cherok e Lane, ~ettleman Lane and Lockford Street. To satisfy this obligatio~,
Landowner may pay to rehabiiitat residential units owned by others or may purchase,
r~habilitat~ and sell or ren? said res ential units. The City shall have the right to approve the
~~~idential units selected for rehabilita~ion~ said approval shall not be unreasonably with~eld by
the City
The improvements req~i~ed herein to fa~ilitate rehabilitation of residential units may include
~a~dscap~ng, paint~ng, roof r~pajr, ~aplacement of broken windows, sidewalk repairs, non-
ural improvements, and demolition and reconstruc~ion of resident~al units.
pu~s~ant to this section shall be done pursuant to properly issued building
by City of Lodi ordin~nces. As part of the annual review required pursuant to
ner shall report on work completed during the prior year towards meeting
the obli~ations set forth in this paragraph.
In the event that Landowner has not sat~s~ed this obligation within eight years from the Effective
Date ~andown~rs shall pay the City twenty-~ve thous~nd dollars ($25,000) per residential unit
ch of the fifty (50) uni?s (hat have not been rehabilita~ed as set forth above. The funds paid
ilitate or pay the costs up to a total of
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shall be placed in a dedicated city fund to be used for housing reliabil~tation grants or loans
within the area specified hereinabove.
.3.
Prior to issuance of building permits for any commercial development with the Project,
Landowner shall pay a wntown Impact Fee of sixty cents (0.60) per gross square foot of
d fifty cents ($4.50) per square foot of
eynolds Ranch Project to the City for use by the City as rahabili~ation grant or loan funding for businesses within downtown" area of
Lodi, defined as the area described in the June 1997 Downtown Development Standards and
uidelines plus the Pin Street Corridor extending to Washington Street. The funds protiided
pursuant to this section may only be used by the City for grants or toms to business owners
within the downtown^' area for capital improtiements to their properties. The grants or loans
this funding shall he made available for disbursement beginning January 1,
administer the grant or loan ~rogram and shall be solely responsible for
nds lo recipients.
a1 Retail Commer development or
ox Retail Use” as de~ned in the Fina
As an alternat~ve method to s
provide capital improvements (in
obligation set forth in this section, Landowner may
, but not limited to enhancements to the building
commerc~al buildings owned or rented by ~ando~~er
hat Landowner completes capital improvements to a
I bu~ldings it owns or rents within the Downtown area prior to
Janua~ 1,2010, ando owner shall be en d to a refund of the funds it has paid pursuant to this
section up to the lesser of the value cap jmprovements constructed or the funds paid to date.
Landowne$ shall not be entitled to a c t for arch~tectural, engineering, permit fees or other
soft costs related to the capital imp vements. To the extent that Landowner desires to satisfy
the obligation of this section thro h capital improvements to property owned or rented by
~andow~er, the value of the impro ments shall be a minimum of $220,000 assuming all retail
development in the Project is ~enerai Retail Commercial. This minimum amount shall be
commensurate with the increased price per square foot payable for the gr
ig Box Retail Use” for each gross square foot of retail space used as “Big
Use” commercial.
The Lodi Electric Utility is a
ility that provides electric~l utility services for residential, commercial
Lodi. As the proposed project sites would be annexed to the City of
would provide electrical utility services to the project sites. To the
essed “exit fees,” also known as “Cost ~esponsibili~ Surcharges,”
tric for its departing load, Landowner shall pay said fees when they are
option and at its own cost, request a Cost Responsibili~ SurchaFge
~xemption from the California Energy Commission for any quali~ed de~arting load pursuant to
Title 20, California Code of ~egulations~ Section 1395, et, Seq. Forms for the exemption are
atiaiiable on - I i n e at
18 PGE EXEMP APPL.PDF
exemptions pur~uant to these regulations
city-owned and oper
and industrial custo
Lodi, the Lodi Elect
extent that Lan
City m
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Landowner agrees t
maintenance and repairs for two years for lands dedicated by the Landowner to the City and
accepted by th City. In the event that ~ando~ner chooses to pay the City for the costs of
maintenance a d repair, the City shall provide an estimate of the annual costs and the
Landowner shall pay the full amount within thirty calendar days after the City by U.S. Mail or
email, transmits the estimate to the Landowner. If the amount paid to the City exceeds the
actual amount incuffed by the City plus ~easonable staff costs to adminis~e~ the ~ntra~, the
City shall, within a reasonable period of time, refund the difference to the ando owner.
Not later than ~ec~m~e~ 31. 2008, and owner shall ded~cate, free and clear of encumbrances~
one acre of land located at __ for a fire station. Landowner shall
c~ntribute two million US. dollars ($2,000,000) to the City for design d construction of the fire
stat~on and the necessary fixtures and furnishings at the fire stati The amount payable
~efeunder shall be paid based upon the f~llowing sche~ule of payments.
Pavment Amount
uance of the first buiid~n~
permit rssued pursu~nt to the P
~ecember J'l, 2008 whichever i
2. One year after the first payment due date or
$500,000
31,2009 whichever is earlier $750,000
rs aRer the first payment due date or
$750,000 ~~cem~er 31,2010 whichever is earlier
ledges that City will enter into a contract to construct the Fire Stat~on and will
of the constru~ti~n upon executi~n of the construction contract. As
ty's agreement to au~hori~e payment of the design and construction costs in
~ Landowner agrees to provide a letter of credit payable to the City, in a
ptable to the City A~orney, in an amount suffic~ent to cover the installment
payments due aRer the first payment is made. City agrees that Landowner may subst~tu~e a
letter of credit, in a form reason~bly acceptable to the City Attorney, for a lesser amount upon
payment of each install men^ pay men^ by the ando owner" Upon delivery of such replacement
letter of credit and its approval as to form by the City Atto~ney, the City will release and convey
to Landowner the prior letter of credit.
consideration
854085-1
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13
ember 31, 2010, Landowner shall pay the City five hundred thousand U.S.
s a contribution towards the purchase offire station apparatus.
Landowner
g and constructing a
acquired by the City
quired under the fee
hen water service
connection for each residential, office and commercial unit is provided.
Prior to issuance of a certificate of
occ~pancy for the 15 rty, Landowner shall obtain City approval
for and install public art on the retail portion of the Project. The value of the public art installed
shall be equal to $~G~GGG inclusive of design and installation costs, which together shall not
exceed $10,O00. The public art shall be installed in a place within the Project that is visible from
the public right-of~way or from an area or areas that provides public access. Landowner shall
provide maintenan~e of the public art. Landownar shall be eligible to apply for City matching
grant for the public art up to a maximum amoun~ of $40,G00. The parties agree that any
matching grant provided by the City shall be in addition to the $~G,GaG ~ntribu~ion provided by
ando owner pursuan~ to the section and shall be subject to any and all conditions normally
imposed as part of the issuance of a rant by the City.
Not later than one year after issuance oft
downer shall pay to the City fifty thous~nd U first building permit
dollars ($5O,GOG) as a contribution towards either (I) the desi n and construction costs of a new
or r~constru~~d animal shelter or (2) the costs of programs o erated at the animal shelter.
City is preparing a policy pursuant to
which property develo capital improvemen~s necessary to extend
utility services to a owner acknowledges that such an extension is
ssary to implement the Project A~pr~vals on the Property. Landowne~ agrees to pay the e ~olicy to be adapt~d by the City, the costs of the capital imp~ovements
d utili~y services to the Property. The fee for the first 150 Planned
sky residential units shall be the fee in effect as of the Effective Date of this
r residential units, commercial and office development shall pay the fee in
effect at the time the fee IS collected"
(collectively "~~~tlement ~greement Parties"), attached hereto as ~xhibit I and incor~orated
herein by reference, the Settlement ~gre~men ffectively immediately, to the
rights, requiremen~s, and obligations of sections of the ~ettlement Agreement,
as ~ndice~ed in ~x~~~i~ 1.
854085-1
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14
Pufsuant to ~e~~emen~ Agreement, the Settlement Agreement Parties further agree that
ail remain in^ provisions of the ~e~lement Agfeement shall only become effective or shall
become part~ally ineffective as set forth in sections 2.1.2 and 2.1.2 of the Settlem~nt Agreement,
a~ached as Exhibi~ I.
proceed with develop men^ of the Property pursuant to the Project
ontingent upon the annexation of the Property into the City. Pending such
annexation^ ando owner may, at its own risk, process tentative parcel maps and tentative
subdivision maps and improvement or construction
ps and/or improvement plans in a
ove any final parcel m ation nor approve
the issuance of any ~rading permit for grading any portion of the Property or build~ng permit for
any structure within the Property prior to the annexation of the Property to the City.
City shall use its best efforts due diligence to initiate such annexation process,
obtain the necessa~ approvals and c mmate the annexation of the Property into the City,
into any annexation agreement that may be required in relation thereto,
's review and approval of the terms thereof. Landowner shall be responsible
for the costs reasonably and directly incurred by the City to initiate, process and consummate
such annexation, the payment of which shall be due in a ance, based on the City's estimate of
such cast, and thereafler as and when the City prov s an invoice(s) for additional costs
incurred by City ~here~o~e in excess of such estimate.
9.
Except as provided in this
ons and oflicial policies govern~n~
sity of use, the rate timing and
sequencing of dev ize of proposed buildings, and
provisions for rese e in force on the ~ffective Date of
this ~gfeement. ~xcept as provided in Section 8.2, this Agreement does not vest Landowner~s
es, exactions and dedications, processing fees, inspection
. Unless othewise
, rules, regulations and
ing design, imp~ovement and construction standafd~ and speci~ications
a~p~~cabie to the Project and to public improvements to be constructed by the Landowner shall
be those in force and effect at the time the applicable permit approval is granted.
This Agreement shall not preclude
the application lo dev s in City laws, regulations, plans or
policies, the teFmS of which are specifically mandated and required by changes in Slate or
Federal laws or regula~ions.
854085-1
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15
Unless otherwise expressly provided in this
cordance with the provisions of the Uniform
, Electrical and Fire Codes, City standard construction
California Code of regulation^, relating to uilding Standards~
of the appropriate bui~dtng, gradjng, encroach men^ or other
ct. If no permits are required for infrastructure improvements~
h improvements will be const~ucted in accordance with the provisions of the Uniform
ding, ~e~hanical, Plumbing, Electrical and Fire Codes, City standard construction
specj~ca~ions, and Title 24 of the California Code of ReguJations, relatin to ~uilding Standards,
in effect at the start of construction of such inf~estructure.
with respecf hereto or any pe~ormance required of Lando~ner hereunder.
Landowner shall be
obligated to provide all dedications and exactions and pay all fees as required for the types of
development a~~horized by the Project Ap?rovals as of the Effective Date of this Agreement.
~~th regards any fees applicable to re~idential development, the Parties agree that the fees
shall be pa uthori~ed p~rsuant to the ~overnment Code Section
66~07 as it te of this Ag~eement. The specific categor~es of fees
payable are iisted be n and exaction obligatiofls and fee amounts payable
shall be those obligations and fee amounts applicable as of the date that the Landowner’s
a?plication for the appl~cable vesting tentative map is deemed complete. For any develop men^
for which the ando owner has not submit~ed a ve~ting ten~ative map, the dedication and exaction
amounts payable shall be those obligations and fee amounts applicable as
of the date the di~cret~ona~ a?pr~vaf for that deveio?men~ is gran~ed by the City.
~~andard City D v~lopmen~ lmpac~ Fees Payable by the Landowner includes:
the earliest tim
1
2
3
4. San Joaquin Coun~ ti-Species Habi~at Conse~ation and Open Space
Deveiopm~nt impact Fees (Lodl Municipal Code Chapter 15.64)
n Joaquin County egi~nal Transportation Impact Fee (Lodi Municipal Code
apter 15.65
County Facilities Fee (Lodi ~unicipal Code Chapter 15.66)
~evelopment Fee (Lodi icipal Code ~hapfer 15.68)
to pay any newly adopted sewer, wa~er or electrical fees adopted in conformance with
16
applicable law, and applled uniformly to new development on all properties within the City that
are zoned consistent with the roject Approvals, or applied uniformly to all new development on
properties that are similarly situated, whether by ~eographic location or other distinguishing
circumstances With regards any fees applicable to residential development, the Parties agree
that the fees shall be payable at the earliest time authorized pur5uant to the ~overnment Code
Section 66007 as it exists as of the Effective Date of this A~reement.
Except as expres~ly pfovided herein, ando owner shall not be obligated to pay or provide any
development impact fees, connectioR or mitigation fees, or exactions adopted by City after the
ate of this A~reement. Notwiths~anding this Imitation, Landowner may at its sole
discretion elect to pay or provide any fee or exaction adopted after the Effective Date of this
To the extent that any fees payable pursuant to the
after the operafive date for determining the fee has
ced fee amount.
istrict. Landowner agrees to
cilities District pursuant to G~vernme~t Code
y. The boundaiies of the area of' ~ommuni~y
ndaries of the Property excluding the portion of
rcial or office development^ Landowner agrees not to protest said distiict
special tax on the Property in an amount not
unit as adjusted herein. The special tax shall
which a building permit is issued, and shall
t fiscal year after the bu~lding permit is issued.
Landowner acknowledges that the 20~7-2~~8 special tax rate for the units in the Project will be
ial tax shall increase each year by 2% in perpetui~. A
of the special tax or a vote to repeal or amend the
fault under this Agreement.
unit and that the
er against the Ie
special tax shall ~onstitute an even
~ven~es Landowner and City
ed with the special tax levied
pursuant to Section 9 2 may be used for the following improvements and services:
a Police protection an criminal justice services;
b.
c.
d.
e
're protecti~R~ su~pression, paramedic and ambulance services;
ecreation and bra^ program se~ices:
pera at ion and main~enance of muse~m~ and cultu~al fac
~a~ntenance of park, paikways and open space areas dedicated to the
City,
17
f Flood and storm protection servlces;
g. lmprovefflent, rehabilitation or maintenance of any real or personal
property that has been c~ntaminated by hazardous substances;
h. Purchase, construction, expansion, improvefflent, or rehabilitation or any
real or tangi~le pro pert^ with useful life of more than five years; and,
I Resign, en~ineerln , acquisition or construction of public facilities with a
useful life of more that five years including:
1. Local park, recreation, parkway and open-space fac
2. Libraries,
3. Chi~dcar~ lac
4. Water transmi~sion and distribution es, natural gas, telephone,
5. Governfflent fac
~nergy and cable television lines, an
Landowner and City agree that ~rope~y does not presently receive any of these sewices from
the City and that all of these sewi~s are new services.
In addition to the fu
Section 9.1, City
cons~ruction of a p
Facilit~es District.
addit~on to the an
in Section 8 2 through the ~ommunity Facilities District:
s. City and Landowner agree that, with
owner, and to the extent permi~~d by
law, City and Landowner shall use their best efforts to
fficient to achieve
. Nothing in this
e the payment by
an owner of any of the parcels to be included within the
CFD of a cash amount equivalent lo its propo~ionate share
of costs for the improvements identified in Section 8.2, or
any po~ion thereof, prior to the issuance of bonds.
Nothing in this Agree~ent shall be
Landowner's option to install the
imp~ovements through the use of private financin
. City agrees that it shall use its
best efforts lo allow and facilitate monthly acquisition of
cofflple~ed improvements or completed portions thereof,
854085-1
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18
and monthly payment of appropriate amounts for such
improvemen?s to the person or entity ~ons~ructing
improvements or portions thereof, provided City shall only
be obligated to use CFD bond or tax proceeds for such
acqui5itions.
Subject to L
specifically, submission of required information and paym~nt of appropriate fees, and assuming
Landowfler is not in default under the terms and conditions of this Agreement, the City shall
process Landowne?'~ subsequent development applica~ions and building permit requests in an
~xpeditious manner. In addition, City agrees that upon payment of any required City fees or
costs, City will designate or retain, as necessary, approp ate personnel and consultants to
process Lan~owfler's d~velopment applica~ion~ and buildin permit requests City approvals in
an ~xpeditious manne~.
confer in good faith in a reasonable a~empt to modify this Agreement to comply with such
federal or State law or regulation. Any such amend men^ or suspension of the Agreeme~t shall
be a~proved by the City Council in accordance with the Municipal Code and this agree men^.
I This Agreement may be amended in
ips hereto and in accordanc~ with the
pr~cedures of State law and the ~unicipal Code.
. Notwiths~andin the provisions of the
2.2, any amendments to this Agreement which do not relate to (a) the term
provided in Section 5.2; (b) the permi~ed uses of the Property as provided
in Sections 6.2 and 7.1; (c) provisions for reservation or dedication of land; (d) the location and
main~enance of on-site and off-site improvements; (e) the density or intensity of use of the
Project; (9 the maximum height or size of proposed buildings or (9) moneta~ contributions by
Land~wner as provided in this agree men^ shall not, except to the extent othe~ise required by
law, require notice or public hearing before either the Plannin Commission or the City Council
before the parties may execute an amendment herefo.
. Any amendment of Project
b) provision for rese~ation or
ect; (d) the maximum hei
854085-1
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19
size of proposed buildings, (e) moneta~ contributions by the Landowner; (f) the location and
maintenance o n-site and off-site ~mprovements, or (g) any other issue or subject not identified
al amend men^ in Section 22.3 of this Agreement, shall require an amendment
of this Agreement. Such amendment shall be limited to those provisions of this Agreement,
which are impiic~ted by the amend men^ of the Project Approval. Any other amendment of the
Project Approva~(s) shall not require amendment of this Agreement unless the amendment of
Project Approval(s) relates specific all^ to some provision of this Ag~eement.
1 . Except as otherwise permitted
herein, this Ag~eement may be canceled in whole or in part only by the mutual consent of the
est, in accordance with the provisions of the Municipal Code.
reement prior to the date of canceliation shall be retained by
r successor§ in i
p~rsuant to thi
City.
. Pursuant to California ~overnment Code Section
~fi4~2,6(a~, the term of any parcei map or tentative subdivision map shall automatically be
extended for the term of this Agreement.
~ The annual review ate for this Agreement shall occur
e month in which the Agreement is executed or the
The City's Plannin~ Director shall initiate the
en notice that the City intends to unde~a~e such
s notice, ando owner shall provide evidence to the
ompl~ance with the ~evelopment Agreement. The
compliance, is upon the ~andowne~. The City's
failure to timely initiate the annual review is not deemed to be a waiver of the right to do so at a
date; accor~ingly, ando owner is not deemed to be in compliance with the Agreement by
City shall deposit in the mail to ando owner a copy of all
nce~ning con~ract pe~ormance at least three (3) days prior
annual review
e of such failure lo timely initiate review.
1
staff reports, an
any annual review.
. Costs reasonably incurred by the City in connection with the
by Landowner in accordance with the City's schedule of fees and annual review
rates in effect at the time of r~view.
. If the Planning Director
determines, on the ba not complied in good faith
with the terms and conditions of the AgreeMent during the period under review, the City Council,
upon receipt of any report or re~omm~ndation from the Planning Commission, may initiate
proceeding§ to modify or terminate the Agreement, at which time an adminis~rative hearing shall
854085-1
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20
be conducted, ordance with the procedures of State law. As part of that final
determination, Council may impose conditions that it considers necessary and
appropriate to prate
1 The decision of the City Council as to
Landowner's co urt action or proceedin$ to attack, review, set
aside, void or annul any decision of the determination by the Council shall be commenced within
thirty (30) days of the final decision by the City ~ouncil.
interest of the City.
Subject to any appiicable extension of time, failure by any party to
ny term or provision of this Agreement required to be pe~ormed by such
material event of default ("Event of default")^ For purposes of this
Agreement, a party claiming another party is in default shall be referred to as the complaining
Party," and the party alleged to be in default shall be referred to as the "Party in Default." A
Complainin$ Party shall not exercise any of its remedies as the result of such Event of Default
aining Party first gives notice to ?he Party in Default as provided in Section
rty in Default fails to cure such Event of Default within the applicable cure
period.
The ~omplaining Party shall give writlen notice of
e default complained of by the Complaining Party.
Delay in givi~g such notice shall not const~tute a waiver of any default nor shall it change the
lime of defaul~.
. The Party in Default shall diligently endeavor to
cure, correct or re~edy the matter complained of, provided such cure, correction or remedy
shall be compieted within the applicable time period set forth herein after receipt of written
notice (or such add~tional ti as may be deemed by the Complainin Party to be reas~nably
necessa~ to correct the ma
ailur . Any failures or delays by a
g any of its rights and remedies as to any default shall not operate
fault or of any such rights or remedies. Delays by a c om plain in$ Party in
asserting any of its rights and remedies shall no? deprive the complain in^ Party of its right to
in~titute and rn~~~tain any actions or proceedin~s, which it may deem necessary to protect,
assert, or enforce any such rights or remedies.
. If an Event of Default occurs prior to
ive the Party in Default writ~en notice of
ult is reasonably capable of being cured within thirty (30) days, the Party
such period to effect a cure prior to exercise of remedies by the
ture of the alleged default is such that it cannot, practicably be
y period, the cure shall be deemed to have occurred within such
he cure shall be commenced at the earliest practicable date
~~ercising any remedi
such default. if ?h
in Default shall
~54~$5~~
Version 6 $J23/2006
21
the notice; (b) the cure is diligently prosecuted to completion at all times
e earliest practicable date (in no event later than thirty (30) days after the
t of the notice), the curing party provides written notice to the other party
practicabiy be completed within such thirty (30) d ; and (d) the cure
is ~ompl~~ed at the earliest practicabl~ date. In no event shall Compl
from exercising remedies if a default is not cured within ninety (90) d the first notice
default is given.
. Subject to the foregoing, if the Party
in Defaul~ fails to cure a default in regoing, the Complaining Party, at its
option, may ins~itu~e legal proceedi re em en^ or, in the event of a materjal
default, termir~ate this Agreement. fan Event of Default, the parties may
pursue ail other remedies at law or in equity, which are not otherwise provided for or prohibited
by this Agreement, or in the City’s regulations if any governing development agreements,
expressly ~ncluding the remedy of specific pe~ormaflce of this agree men^.
. If this Agreement is ~erminated
reason, such termination shall not
of any building or improvement within the Property which is completed as of
ination, provided that such building or improvement has been constructed
permit issued by the City. ~urthermore~ no termination of this Agreement
shall prevent La ner from completing and occupying any building or other improvement
authorized ~Lirsuant to a valid building permit previously issued by the City that is under
constructioR at the time of termination, rovided that any such build in^ or improvement is
completed in accordance with said buildin permit in effect at the time of such termination,
following any Event of Default of La
. Either Party may, at any time, and from time to time,
Party requesting such Party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreefflent
has not been amended or modi~ed either orally or in writing, or if so amended, identifying the
amendments; and (6) to the knowiedge of the certifying Party the r~~uesting Party is not in
default in the pe~ormance of its obliga~ions under this Agreement, or if in default, to describe
therein the natu and amount of any such defaults. A Party receiving a request hereunder
shall execute an return such ce~ificate within thirty (30) days following the receipt thereof, or
such longer peri as may reasonably be agreed to by the Parties. City Manager of City shall be
auth~rized to execute any ce~ifica~e requested by Landowner. Should the party receiving the
request not execute and return such certificate within the applicable period, this shall not be
de~med lo be a default.
. This ~greement shall be superior and senior to
portion thereo~ after the date of recording this
luding the lien for any deed of trust or mortgage mortgage"). Notwithstanding
o breach hereof shall defeat, render invalid, diminish or impair the lien of any
in good faith and for value, but all the terms and conditions contained in this
22
ainst any person or entity, ~ncluding any deed
o acquires title to the Property, or any portion
f foreclosure, or o~he~ise.
of trust bene~ici
. Nofwithstandin the provisions of Section
this Agreement, before or
construct or complete the construction of
of improyements, or to guarantee such
vide any fee, dedica~ion, improvemen~s or
Mo~gagee shall not be entitled to devote
ents thereon, authorized by the Project
~pptovafs or by this Agreement, unless Mo~gagee agrees to and does construGt or complet~
the construG~~on of improyements, or ~ua7antees such construction of im~rovement~, or pays,
pe~orms or provides any fee, dedica~ion, improvements or other exaction or imposi~ioR as
required by the Project Approval§.
notice. City, through its City ~anager, may extend the cure period provid~d in Section 15.1.2
for not more than an ad~itiona~ sixty (60) days upon request of Landowner or a Mortgagee.
. ~xcept as set forth herein, if any term, covenant or condition of
IiGation thereof to any person, entity or circumstance shall, to any
extent, be invalid or unenforceable, th remainder of this A~reemen~' or the application of such
term, covenant or condition to persons, entities or cir~umstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby and each term, covenant or
~ondition of this Agreement shall be valid and be enforced to the fullest extent permitted by law;
d, ho~ev~r, if any provision of this A~reement is de~e7mined to be invalid or
ceable and the effect thereof IS to deprive a Party hereto of an essential benefit of its
accordance wi
~~torneys' fees, court costs, and such other costs as may be fixed by the Court.
8~40~5-1
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23
Agreement or the roject Approvals, the parties shall cooperate and appear in defending such
action. Landowner shall bear its own costs of defense as a real party in interest in any such
action, and Landowner shall reimburse City on an equal basis for all reasonable court costs and
attorneys' fees expended by City in defense of any such action or other proceeding. The City
agrees that in the event an action at law or in equity to challenge the validity of the Project
A~~~ovais is filed by a third party other than by a state or federal agency, the City will continue
to process and approv~ permit applications that are ~onsis~ent with and comply with the Project
Approvals unless a court enjoins further processing of permit applications and issuance of
p~rmits.
. From and after recordation of this Agreement
the full right to assign this Agreement as to the
Property, or any portion thereof, in connection with any sale, transfer or conveyance thereof,
and upon the express written assi menl by Landowner and assumption by the assignee of
such assignment in the form attach and the conveyance of Landowner's
interest in the Property related ther released from any further liability or
obligation hereun relaled to the portion of the Property so conveyed and the assignee shall
be deemed to be ~~Landowne~,'~ with all rights and obligations related thereto, with respect to
such conveyed property. Prior to recordation of this Agreement, any proposed assignment of
this A~reemen~ by r and owner shall be subject to the prior written consent of the City Manager
on behalf of the City and the form of such assignment shall be subject to the approval of the City
Attorney, neither of which shall be unreasonably withheld.
. Except as otherwise provided for in Section
terms, covenants, and obligations contained in
s and their respective heirs, successors and
assignees, rep~esentatives, lessees, and all other persons acquiring the Property, or any portion
thereof, or any inte~est therein, whether by operation of law or in any manner whatsoever. All of
the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute
covenants r~nning with the land pursuant to applicable laws, including, but not limited to,
Section 1468 of the Civil Code of (he State of California. Each covenant to do, or refrain from
doing, some act on the Property hereunder, or with respect to any owned property; (a) is for the
benefit of such prope~ies and is a burden upon such properties; (b) runs with such properties:
and (c) is bindi upon each party and each successive owner during its ownership of such
properties or an ortion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties.
disch in
, Landowner agrees to indemnify, defend and hold harmless
ted councils, bo~rds~ commissions, officers, agents, employees,
nd all claims, costs (including legal fees and costs) and liability
854085-1
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24
for (I) any personal injury or property damage which may arise directly or indirectly as a result
of any actions or inactions by the Landowner, or any actions or inactions of Landowner's
cRntrac~ors, subcontractors, agents, or employees in connection with the construction,
improvement, pera at ion^ or fflaintenance of the Property and the Project, provide
Landowner shall have no indemnification obligation with respect to the gross negligence or
willful misconduct of City, its contractors, subcontractors, agents or employees or with respect to
the maintenance, use or condition of any improvement after the time it has been dedicated to
and accepted by the City or another public entity (except as provided in an improvement
agreement or main~enance bond) and (2) any additional mitigation required, including but not
limited to payment of any mitigatiRn fees that may be imposed, as a result of a lawsuit filed by a
third party chaiien~ing or seeking to invalidate the Project Approvals.
At all times that
ments, Landowner
shall maintain in effect a policy of CRmprehensive general liabili~ insuran~e with a
per-occurrenc~ combined single limit of not less than two million ~$2,~00~000~ dollars and a
eductible of not more than fifty thousand ($50,000) dollars per claim. The policy so main~ained
I name the City as an additional insured and shall include either a severab~li~y
r cross-liability endorsement.
. At all times that Landowner is
improvements, Landown~r shall
ployed by Landowne~ for work at
ubcon~ractor similarly to provid~
yees. Landowner agrees to
indemnify the City for any damage re~ulting from Landowner's failure to maintain any such
~nsuranc~.
Prior to commencement of constructi~n of any
ements, Landowner shall furnish City satisfacto~
26.1 and 26.2 and evidence that the carrier is
required to give the City at least fifteen (15) days prior written notice of the canGellation or
reduction in coverage of a policy. The insurance shall extend to the City, its elective and
appointive boards, commissions, officers, agents, employees and representatives and to
Landowner pe~ormin~ work on the ~roject.
7. . Landowner and City shall be excused from
pe~orming an ided in this Agreement, except any obligation to
pay any sum of money under the applicable provisions hereof, in the event and so long as tho
pe~ormance of any such obligat~on is prevented or delayed, retarded or hindered by act of God,
od, explosion, act , insurrection, riot mo
, i~abilit~ lo p r, ~qui~~en~, f
mat~~ials or upp plies in the op ket, failure of rans sport at ion, strikes, lockouts,
co~demnation, r~~~~~~tion, laws, ord vernmenfal, civil, military or naval au~hority, or any
854085-1
Vers~on 6 8/23/2006
25
ther similar or dissimilar to the foregoing, not within the control of the Party
sion of time to pe~orm. The Party claiming such extension shall send written
notice of the claimed extension to the other Party within thirty (30) days from the
com~enc~ment of the cause entitling the Party to the extension.
This Agreement IS made and entered into for the
ner and, the City and their successors and assigns.
No other person shall have any right of action based upon any provision in this Agreement.
. All notices r~quired by this A~reement, the enabling legislation, or the
rsuant to ~overn~ent Code Section 65865, shall be in writing and
ent by ce~i~ed mail, postage prepaid.
Notice required to be given to the City shall be add~essed as follows:
-1910
Notice req~ire~ to be given lo the ~and~wner shall be addressed as follows:
~PANY, LLC
to the other party,
. Except when this Agreement is
e Agree~ent or the provisions of
of Residential Lot), the City shall
o and any other termination of any parts or
h the county Recorder within ten
ina~~on of this Agreemeni to be
the portion thereof that is the
s executed in three duplicate
ent consists of ____ pages and
nstitule the entire understanding and a~ree~ent of the parties.
The Parties agree to execute such additional instruments
y be n~cessa~ to effectuate the intent of this Agreement.
owner in securing all
laws or regulations
enacted after the ~ffective Date, or action of any ~overflmentai jurisdiction, prevent delay or
S54~S5-1
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preclude compliance wifh one or more provis~ons of this agree men^^ or require changes in
mits approved by City, the parties agree that the p~o~is~o~s of this Agre~m~nt
xtended, or suspended as may be necessa~ to comply with such State and
ulattons or the regulafions of other ~o~e~nmental jur~sdictions. Each party
the other its prompt and reasonable cooperati~n in so modifying this
WH~REOF, the City of Lodi, a municipal corporation, has authorized the
ement in ~up~~ca~e by rts Mayor and attested to by its City Clerk under the
No ._____ll___, adopte by the City Council of the City of Lodi Qn the
-.
"CITY" ~'~N50WNER
day of -__--___ ,2006, and Landown~r has caused this Agr~ement to be executed.
a municipal c~$poration
Name:
Its:
City A~orney
854085-1
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Exhi~i~ A-1 .
Exhibit I:
I Descrip~~on of the Prop~~y
am of the Pr~pe~y
~velapm~nt Plan and lnfra~tru~ure Map for the Property
Form of ~s~ig~rnefl~
Sch~dule of impr~vement~
~~ttlemen~ ~gr~~m~n~ among San Jaaquin Valley Land
Company, LLC, Citizens for Open Government and the City of
Lodi
~ornpany’~ project either admini§trativeiy or judicially. Moreover, neither Citizens, nor its
ffl~r~ber~ WIIE ~ncoura e, indire~~ly assist or ac~u~lly circulate a petition to place a
re~erend~m on the ball t to force an election about one or more the Project’s le~i§lative
app~ova~s.
. ~ount~rpa~s.
This a~re~rnent may be executed in coun~erpa~s.
an Joa~uin Valley Lan
ale ~ille§pie, ~a~a~~
pen ~ov~rnmen~
Ann Cerney