HomeMy WebLinkAboutResolutions - No. 97-17397103bbb
When Recorded, Please Return . R E C L � D E R
Lodi City Clerk C 0 U N T Y C L E
P.O. Box 3006 JiA11LE- S H. J^uNS T Oi
Lodi, CA 95241-1910
97 OCT 17 Ali 9: 21
RESOLUTION NO. 97-173 SMN J0 :OUiy COUNT
CITY
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING, FEE
THE IMPROVEMENT AGREEMENT ADDENDUM,
ACCEPTING THE SUBDMSION IMPROVEMENTS `
INCLUDED IN THE IMPROVEMENT AGREEMENT FOR ;F
BRIDGETOWNE, UNIT NO. 1, TRACT NO. 2133 AND ZOO
APPROPRIATING FUNDS FOR REQUIRED PAYMENTS AND
REIMBURSEMENTS
WHEREAS, under the terms of the Improvement Agreement dated December 18, 1996,
for Bridgetowne, 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
"!03668
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
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.
96DO56 through 96DO64 and 96DO82 on file in the Public Works Department; and
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:
Bridgetown 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
Lu
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
UC//k `�
ALICE M. REIMCHE
City Clerk
97-173