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HomeMy WebLinkAboutResolutions - No. 92-176RESOLUTION NO. 92-176 ----------------------- ----------------------- A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE FINAL MAP AND IMPROVEMENT AGREEMENT FOR BANGS RANCH UNIT NO. 1, TRACT NO. 2560 BE IT RESOLVED, that the Lodi City Council does hereby approve the final map for Bangs Ranch, Unit No. 1, Tract No. 2560, located on the east side of Stockton Street at Century Boulevard, as shown on Exhibit A; and BE IT FURTHER RESOLVED, that the Council hereby determines that the developer shall construct a grape stake fence as recommended by the Planning Commission and shall pay to the City the difference between the cost of this fence and a solid masonry fence ($7.00 per lineal foot) and the City Council hereby accepts public ownership of the right-of-way fence at Bangs Ranch and establishes a maintenance fund from a developer contribution of $7.00 per lineal foot of fence; and BE IT FURTHER RESOLVED, that the Council hereby approves temporary red curbing at the knuckles on Fairchild Drive and Squire Way at their intersection with Dunsmuir Drive to provide turnaround capability for fire equipment per Fire Department requirements; and FURTHER RESOLVED, the City Manager and City Clerk are hereby authorized to execute the Improvement Agreement and the final map on behalf of the City. Dated: October 21, 1992 I hereby certify that Resolution No. 92-176 was passed and adopted by the Lodi City Council in a regular meeting held October 21, 1992 by the following vote: Ayes: Council Members - Hinchman, Pennino, Sieglock, Snider and Pinkerton (Mayor) Noes: Council Members - None Absent: Council Members - None Qu.� %�c� Alice M. R mche City Clerk 92-176 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of Bangs Ranch Unit No. 1 Tract No. 2560 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City", and Bangs Ranch, a California Limited Partnership, hereinafter referred to as "Developer". RECITALS: Developer has presented to City for approval a final subdivision map, hereinafter called "map", entitled "Bangs Ranch Unit No. 1'. The map was* filed with the Public Works Director for presentation to the City Council of the City for its approval, which map is hereby referred to and incorporated herein; Developer has requested approval of the map prior to 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 subdivision, hereinafter called "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. Council of the City will adopt a resolution approving map and accepting the dedications therein offered on condition that Developer first enter into and execute this agreement with City and meet the requirements of said resolution; and 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 No.(s) 92DO26 through 92D032, which are on file in the Public Works Department. BANGSIMP.DOC The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: 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 installation F. Right-of-way fence installation 2. Develooment Chanoes 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. 3. Performance of Work by City Prior to the approval of the final map 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, the City will perform or install or cause the installation of the following items: A. Street name signs B. Street seal coat C. Fire hydrant and lane markers D. Regulatory and warning signs E. Centerline and lane line striping F. Street legends G. Tree planting in landscape easement 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, street and storm drain facilities, except for Lot 1, are being paid as part of this agreement. Fees for police, fire, parks and recreation and general City facilities shall be deferred until the project is ready for acceptance. Acceptance of the public improvements will be contingent upon payment of the deferred fees. The amounts shown in the agreement for these deferred fees are valid for one year from the date of City Council approval of the agreement. After one year, these deferred fees are subject to adjustment to the then -current fee schedule. Fees for Lot 1 will be paid at the time of future map filing BANGSIMP. DOC 2 or development, whichever occurs first, and will be determined according to the then -current fee schedule. 5. 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. 6. Time Extension Time is of the essence of this agreement. The City may extend the time for completion of the improvements hereunder. 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 Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. The deferred Development Impact Mitigation Fees are subject to change one year after the approval of the agreement. A time extension does not eliminate a change in these fees. 7. As -Built Plans and Certifications Prior to acceptance of the project improvements, the Developer shall have (installed and in place all survey monuments as shown on the Map and) provided as -built plans and certifications as described in the City of Lodi Public Improvement Design Standards. 8. 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. 9. 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. 10. 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. BANGS54P.DOC 11. Contract Security Concurrently with the execution hereof, Developer shall furnish Improvement Security of at least 100% of the estimated cost of public improvements plus deferred fees and engineering costs of surveying, as-builts 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 to be as follows: Faithful Performance $ 635,846.10 Labor and Materials $ 237,963.05 12. 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 13 hereof. 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 subdivision, 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. 13. 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. BANGSIMP.DOC 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 subdivision 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 $1,000,000 Bodily Injury - Each Occurrence/Aggregate $1,000,000 Property Damage - Each Occurrence/Aggregate or $1,000,000 Combined Single Limit 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Bodily Injury- Each Person $1,000,000 Bodily Injury- Each Occurrence $1,000,000 Property Damage - Each Occurrence or $1,000,000 Combined Single Limit Developer must have comprehensive automobile liability only if Developer's vehicles are used on-site. 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. BANGSWRDOC 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. 14. 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. 15. 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. 16. Repair or Reconstruction of Defective Work If, within a period of 1 year 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, fails to fulfill any of the requirements of this agreement plans and specifications referred to herein, Developer and Developer's surety shall, without delay and without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Developer or Developer's 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. BANGSiMP.DOC 17. Mud, Debris and Dust 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 problem is created during construction, including installation of telephone, electrical, cable television and gas facilities. If a dust problem arises during development, 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. 18. 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. 19. 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 the limits of the subdivision damaged as part of the construction of the required subdivision improvements is also the Developer's responsibility. 20. 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 public improvements are so accepted. BANGSiMP.DOC 21. 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. 22. 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 it 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 surety or breach of this agreement, or any portion thereof, and the default of Developer. 23. Breach of Agreement; Performance by Surety or City In the even of any such notice, Developer'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 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. 24. 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: Jack L. Ronsko Public Works Director 221 West Pine Street P. 0. Box 3006 Lodi, CA 95241-1910 Notices required to be given to Developer shall be addressed as follows: r BANGSBAPMOC Notices required to be given to Developer's agent shall be addressed as follows: �ti01C�F�6?IC��z Notices required to be given to surety shall be addressed as follows: 12- 1 W. ;'> Si. L. C:1�'1 C11 q 5 z �� 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. 25. Execution ALL-PURPOSE ACKNOWLEDGMENT State of 4� ►'1 t C�- County of J L On N lbefore.., �1-t� t�l k f r�jl r LQU1 C� I DATE E, TI .GIC OF OFFICER - E., *JANE DOE. NOTARY PUBL personally appeared L �-Vj OUYL J NAMES OF SIGNERS) L�gersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence �\ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their r =� TAMMY LYNN RYANS T authorized capacity(ies), and that by �(,-•� NOTARY PUBLIC --CALFORNIA his/her/their signature(s) on the instrument San Joaquin Cou1l the person(s), or the entity upon behalf of My cor 1m.,;e: Ma. 15, 1996 -' which the person(s) acted, executed the instrument. Witness my hand acrd official seal. L1- No. 5179 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE f OFFICER(S) fi'PARTNER(S) ,TITLE(S) ? A ❑ LIMITED om- ENERAL ❑ ATTORNEY441FA ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN (IES) 22 (Lr1 �T F IOU -I C I2 SIGNATIORE OF NOTARY I ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to 7authorized document THIS CERTIFICATE Title or Type of Document I C ERf12LI— MUST BE ATTACHED Number of Pages I Date of Document TO THE DOCUMENT ; DESCRIBED AT RIGHT: Signer(s) Other than Named Above ,D1992 NATIONAL NOTARY ASSOCIATION - 1736 R?m.met Ave. P O. Box 7184 • Caroca Park, CA 91304-7184 CITY OF I-Oft A MMUN- CORPORATION B. iozb Z Thomas A. Peterson, City Manager date ATTEST: Alice M. Reimche, City Clerk ate APPROVED AS TO FORM: Bob McNatt, City Attorney BANGSRNP.DOC 10 BILLING SCHEDULE Development: BANGS RANCH UNIT NO. 1 Gross Acreage: 8.00 Developer: BANGS RANCH, A CALIFORNIA LIMITED PARTNERSHIP No. of Units: 33 Engineer: BAUMBACH & PIAllA, INC. (Map Acreage Less Lot 1 and Date: OCTOBER 12, 1992 City -Funded Portion of Century Blvd.) DEVELOPER CITY COST COST ENGINEERING Engineering Fee (4.5% of $ 50,000) $ 2,250.00 (2.5% of $200,000) 5,000.00 (1.5% of $204,400) 3,066.00 Inspection Fee (2.5% of $454,400) 11,360.00 Engineering Fee Previously Paid (9 sheets @ 3750/Sheet) $ 6,750.00 ENGINEERING SUBTOTAL $ 21,676.00 STREET SYSTEM Fees: Development Impact Mitigation Fee - Streets 8.00 AC @ $ 5,470.00 $ 43,760.00 Credits: Century Boulevard Street Improvements per Item B of attached Cost Estimate for Improvement Security Charges for work by City Forces: Seal Coat 116,476 SF @ $ 0.02 $ 2,329.52 Street Sign Name 5 EA @ 125.00 625.00 Regulatory & Warning Signs: Large (R1,R2,W53) 5 EA @ $ 95.00 475.00 Regulatory & Warning Signs: Small (R7,R7A) 6 EA @ $ 70.00 420.00 Regulatory & Warning Signs: Marker (Type N) 3 EA @ $ 70.00 210.00 Centerline and Lane Line Striping ($150 min) Double Centerline 731 LF @ S 0.18 131.58 8" Solid White 200 LF @ 5 0.11 22.00 Single Including Skip 2,048 LF @ 5 0.09 184.32 Pavement Markers ($40 min.) Laneline or Fire Hydrant 107 LF @ $ 8.00 856.00 Legends (Stop, Speed Limit) 1st 1 EA @ 5 50.00 50.00 Additional 6 EA @ 5 35.00 210.00 Curb Marking (Red) 1st 50 LF @ $ Lump Sum 50.00 Additional 200 LF @ S 0.50 100.00 Tree Planting 36 EA @ S 125.00 4,500.00 STREET SYSTEM SUBTOTAL $ 53,923.42 BILLBANG/TXTW.OIL $26,126.20 DEVELOPER CITY - COST YCOST COST SEWER SYSTEM Fees: Development Impact Mitigation Fee - Sewer 8.00 AC @ $ 1,090.00 $ 8,720.00 SEWER SYSTEM SUBTOTAL $ 8,720.00 WATER SYSTEM Fees: Development Impact Mitigation Fee - Water Credits: Oversize Mains: 10" Water Main Major Crossings 10" Water Valve WATER SYSTEM SUBTOTAL STORM DRAIN SYSTEM Fees: Development Impact Mitigation Fee - Storm Drainage STORM DRAIN SYSTEM SUBTOTAL ELECTRICAL SYSTEM 8.00 AC @ $ 5,710.00 $ 45,680.00 1,066 LF @ $ 2.00 $ 2,132.00 4 EA @ $ 100.00 400.00 $ 45,680.00 8.00 AC @ $ 7,910.00 $ 63,280.00 $ 63,280.00 To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE NET AMOUNT TO BE PAID BY DEVELOPER TO CITY PRIOR TO -PROJECT APPROVAL BILLBANG/TXTW.OIL - 2 - $193,279.42 $ 35,408.20 $157,871.22 DEVELOPER CITY COST COST DEFERRED DEVELOPMENT IMPACT MITIGATION FEES Police Protection Facilities 8.00 AC @ $ 1,110.00 $ 8,880.00 Fire Protection Facilities 8.00 AC @ $ 520.00 $ 4,160.00 Parks & Recreation Facilities 8.00 AC @ $ 11,980.00 $ 95,840.00 General City Facilities 8.00 AC @ $ 6,380.00 $ 51,040.00 TOTAL AMOUNT OF DEFERRED FEES TO BE PAID BY DEVELOPER PRIOR TO PROJECT ACCEPTANCE OR 1 YEAR WHICHEVER OCCURS FIRST $159,920.00 BILLBANG/TXTW.01L - 3 -