HomeMy WebLinkAboutAgenda Report - January 15, 1997 (60)CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Improvement Agreement Addendum and Acceptance of Improvements in
Lodi West, Unit No. 2, Tract No. 2658
MEETING DATE: January 15, 1997
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council approve the Improvement Agreement Addendum
and direct the City Manager and City Clerk to sign the Addendum on
behalf of the City; and that the City Council adopt the attached resolution
accepting the development improvements for Lodi West, Unit No. 2,
Tract No. 2658.
BACKGROUND INFORMATION: Under the terms of the Improvement Agreement dated
July 22, 1994, for Lodi West, Unit No. 2, in addition to the standard
items, the developer agreed to provide engineered plans and install
an off-site public water main south and east of the Lodi West,
Unit No. 2 development in the future alignments of Elderica Way and Paradise Drive to
Lower Sacramento Road if projects which include this construction are not under construction or bonded
prior to acceptance of Lodi West, Unit No. 2. This provision was necessary in order to provide adequate
fire flows for the Unit No. 2 development.
The developer has requested that the public improvements for Lodi West, Unit No. 2 be accepted
prior to the installation of the off-site water main and has signed an Addendum to the
Improvement Agreement which sets forth the conditions under which the improvements can be
accepted prior to installation of the water main. Among those conditions is a provision that no building
permits for lots in the Lodi West, Unit No. 2 development shall be issued until the off-site water main is
installed and accepted by the City to ensure adequate fire protection for structures within the
development. The developer has also paid the necessary engineering plan check, inspection and
document preparation fees associated with the off-site water main installation. Staff recommends
Council approve the Addendum to the Improvement Agreement and allow the acceptance of the public
improvements for Lodi West, Unit No. 2 prior to installation of the off-site water main.
The balance of the improvements at Lodi West, Unit No. 2, Tract No. 2658, have been completed in
substantial conformance with the requirements of the Improvement Agreement between the City of Lodi
and Robert Batch, as approved by the City Council on July 6, 1994, and as shown on Drawings
No. 94DO30 through 94D033.
APPROVED:
H. Dixon ynn -- CityManager
CACCEPT.DOC 01/02/97 00
Improvement Agreement Addendum and Acceptance of Improvements in Lodi West,
Unit No. 2, Tract No. 2658
January 15, 1997
Page 2
The streets to be accepted are as follows:
Streets Length in Miles
Douglas Fir Drive 0.12
Elderica Way 0.06
Knobcone Lane 0.02
Total New Miles of City Streets 0.20
FUNDING: Not applicable.
eack.sko
ks Director
Prepared by Sharon A. Welch, Associate Civil Engineer - Development Services
JLR/SAW/lm
attachment
cc: City Attorney
Associate Civil Engineer - Development Services
Associate Traffic Engineer
Street Superintendent
Robert Batch
Baumbach-Piazza
Farmers & Merchants Bank
CACCEPT.DOC 1/2197
When Recorded, Please Return L.,.
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 97-06
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE IMPROVEMENT AGREEMENT ADDENDUM AND
ACCEPTING THE DEVELOPMENT IMPROVEMENTS INCLUDED
IN THE IMPROVEMENT AGREEMENT FOR LODI WEST,
UNIT NO. 2, TRACT NO. 2658
WHEREAS, under the terms of the Improvement Agreement dated July 22, 1994,
for Lodi West, Unit No. 2, in addition to the standard items, the developer agreed to
provide engineered plans and install an off-site public water main south and east of the
Lodi West, Unit No. 2 development in the future alignments of Elderica Way and Paradise
Drive to Lower Sacramento Road if projects which include this construction are not under
construction or bonded prior to acceptance of Lodi West, Unit No. 2. This provision was
necessary in order to provide adequate fire flows for the Unit No. 2 development; and
WHEREAS, the developer has requested that the public improvements for Lodi
West, Unit No. 2 be accepted prior to the installation of the off-site water main and has
signed an Addendum to the Improvement Agreement which sets forth the conditions under
when the improvements can be accepted prior to installation of the water main; and
WHEREAS, among those conditions is a provision that no building permits for lots
in the Lodi West, Unit No. 2 development shall be issued until the off-site water main is
installed and accepted by the City to ensure adequate fire protection for structures within
the development; and
WHEREAS, the developer has paid the necessary engineering plan check,
inspection and document preparation fees associated with the off-site water main
installation; and
WHEREAS, staff recommends that Council approve the Addendum to the
Improvement Agreement and allow acceptance of the public improvements for Lodi West,
Unit No. 2 prior to installation of the off-site water main.
The City Council of the City of Lodi finds:
1. That the Addendum to the Improvement Agreement is hereby approved and
further authorizes the City Manager and City Clerk to execute said Addendum; and
2. That all requirements of the Improvement Agreement between the City of
Lodi and Robert Batch, for the improvements for Lodi West, Unit No. 2, Tract No. 2658,
have been substantially complied with. The improvements are shown on Drawings Nos.
94DO30 through 94DO33 on file in the Public Works Department, and as specifically set
forth in the plans and specifications approved by the City Council on July 6, 1994.
3. The streets to be accepted are as follows:
Streets
Length in Miles
Douglas Fir Drive
0.12
Elderica Way
0.06
Knobcone Lane
0.02
Total New Miles of City Streets 0.20
Dated: January 15, 1997
I hereby certify that Resolution No. 97-06 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 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
J IFER PERRIN
City Clerk
97-06
CITY COUNCIL
PHILLIP A. PENNINO, Mayor
JACK A. SIECLOCK
Mayor Pro Tempore
KEITH LAND
STEPHEN J. MANN
DAVID P. WARNER
Mr. Robert Batch
2615 Parkwest Dr.
Lodi, CA 95242
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
January 22, 1997
SUBJECT: Lodi West, Unit No. 2, Tract No. 2658
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
The City Council of the City of Lodi, at its meeting on Wednesday, January 15, 1997,
accepted the public improvements that were made in the subject project and approved
an agreement addendum covering the installation of the off-site water main which is
necessary to provide adequate fire protection for the Unit No. 2 development.
Enclosed for your files is a copy of the resolution approving the agreement
addendum and accepting the public improvements. From the date of the resolution,
the City of Lodi will maintain the street and other public improvements installed within
rights-of-way and public utility easements as shown on the approved plans.
The enclosed letter has been sent to your bank so the Instrument of Credit covering
faithful performance can be reduced to $56,400. The Instrument of Credit covering
labor and materials must remain in effect for a period of ninety days from the date of
the resolution, in conformance with State law. On April 15, 1997, this instrument can
be reduced to $28,200 if no claims have been filed. The reduced Instruments of Credit
must remain in effect until the water main is accepted by the City.
If you have any questions, please contact me.
'a'. J, 0 4.3 �
Richard C. Prima, Jr.
City Engineer
RCP/SB/Im
Enclosures
cc: Electric Utility Department
Water/Wastewater Division
Street Division
City Clerk
Farmers & Merchants Bank
LACCEPT.DOC
CITY COUNCIL
PHILLIP A. PENNING, Mayor
JACK A. SIEGLOCK
Mayor Pro Tempore
KEITH LAND
STEPHEN J. MANN
DAVID P. WARNER
CITY OF LODI
Farmers & Merchants Bank
P. O. Box 380
Lodi, CA 95241-0380
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
January 22, 1997
SUBJECT: Lodi West, Unit No. 2, Tract No. 2658
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
The City Council of the City of Lodi, at its meeting on January 15, 1997, accepted the
public improvements in the subject project and approved an agreement addendum
covering the installation of the off-site water main which is necessary to provide
adequate fire protection for the Unit No. 2 development. A copy of the resolution is
enclosed for your files.
This letter is your authorization to reduce the amount of the Instrument of Credit
covering faithful performance to $56,400 to guarantee installation of the water main.
The Instrument of Credit covering labor and materials must remain in effect until
April 15, 1997, in conformance with State law, at which time it can be reduced to
$28,200. These reduced Instruments of Credit must remain in effect until the water
main is accepted by the City. You will be notified when the work is accepted.
If you have any questions, please contact me.
Richard C. Prima, Jr.
City Engineer
RCP/SB/lm
Enclosures
cc: Robert Batch
City Clerk
LFW9701.DOC