HomeMy WebLinkAboutResolutions - No. 2005-19When Recorded, Return to:
City of Lodi City Clerk's Moe
P.O. Box 30.06
Lodi, CA 95241.1910
WHEREAS, on November 19, 2003, the City Council adopted Resolution 2003-213
approving the Final Map and Improvement Agreement for Legacy Estates Unit 1, Tract No.
3260, between the City of Lodi and FCB Building Partners 11, L. P,; and
WHEREAS, the subdivision is located north of Harney Lane and west of Mills Avenue
and consists of 77 single-family residential lots, with subdivision improvements that include
public street improvements on Harney Lane from the west subdivision boundary to Mills
Avenue, as delineated on Exhibit A attached; and
WHEREAS, the developer's contractor, DSS Engineering Contractors, installed street
pavement improvements in Harney Lane as part of the subdivision improvements, which are not
in compliance with the approved improvement plans and do not currently meet City standards;
and
WHEREAS, in an effort to relieve the developer, FCB Building Partners 11, L. P., of
responsibility for completing the Harney Lane improvements and allow acceptance by the City
of the balance of the subdivision improvements, DSS Company, parent company of DSS
Engineering Contractors, and the developer have requested that an improvement agreement be
prepared by City staff that would allow DSS Company to assume responsibility for the
completion of the Harney Lane improvements; and
WHEREAS, the improvement agreement requires that DSS Company install the street
improvements in Harney Lane in conformance with the approved improvement plans for the
Legacy Estates Unit No, 1 subdivision plus the following. provide engineered plans and cross-
sections showing the corrective measures to be performed to correct pavement, base, and
subgrade deficiencies in the improvements previously installed by DSS Engineering
Contractors; provide geotechnical services to the approval of the Public Works Director to verify
the pavement structural section in those areas subject to corrective work; provide Repair or
Replacement Security prior to acceptance of the Harney Lane improvements covered by the
agreement to cover the repair or replacement or reconstruction of defective work for a period of
one (1) year after final acceptance of the improvements by the City; and
WHEREAS, DSS Company has executed the improvement agreement, furnished the
City with the necessary improvement security and insurance certificate, and paid the fees for
engineering plan check, inspection, and document preparation services.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby adopts
Resolution No. 2005-19 amending Resolution 2003-213 to authorize the following actions for
the Legacy Estates Unit 1, Tract No. 3260, subdivision:
Allow acceptance of the public improvements for the subdivision prior to
completion of the street pavement and appurtenant public improvements in
Harney Lane required under the terms of the Improvement Agreement for the
Public Improvements for Legacy Estates Unit No. 1 executed by FCB Building
Partners 11, L. P., and approved by Council on November 19, 2003.
2. Relieve FCB Building Partners II, L. P., from responsibility for completion of the
street pavement and appurtenant public improvements in Harney Lane and
deem its responsibilities for the installation of public improvements under the
terms of the above referenced improvement agreement complete.
3. Approve the Improvement Agreement for the Public Improvements of Harney
Lane executed by DSS Company covering the completion of the street pavement
and appurtenant public improvements in Harney Lane.
Dated: February 2, 2005
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I hereby certify that Resolution No. 2005-19 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 2, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
City Clerk
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