HomeMy WebLinkAboutResolutions - No. 2007-55RESOLUTION NO. 2007-55
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO ENTER
INTO REIMBURSEMENT AGREEMENTS ON BEHALF
OF THE CITY OF LODI
WHEREAS, at its meeting held May 3, 2006, the Lodi City Council adopted
Resolution No. 2006-78, establishing the policy that developers should pay the full cost
of in-house and outside engineering and planning services incurred in the processing of
development applications and implementation of approved developments; and
WHEREAS, in furtherance of that policy, staff has, for more intensive
developments that require a commitment of time and expenses beyond that recovered
through standard fees, brought forth reimbursement agreements for Council approval;
and
WHEREAS, staff anticipates the need for such reimbursement agreements on a
more frequent basis as it captures more of the costs associated with processing
applications; and
WHEREAS, accordingly, much as is the. case with improvement agreements,
staff recommends that Council authorize the City Manager to enter into a template form
of reimbursement agreement with certain minimum terms and authorize the City
Manager to set others within his or her discretion; and
WHEREAS, the basic terms of an agreement would be to reimburse for all in-
house and outside staff costs, a deposit with an evergreen account to bill those costs
against, and an acknowledgement that the agreement grants no guarantees regarding
project approval. The amount of the deposit and evergreen amount would be subject to
the City Manager's discretion based on the expected cost of the services; and
WHEREAS, staff requests that Council authorize the City Manager to enter into
reimbursement agreements with the following minimum terms:
1.) Developer will reimburse City for all in-house staff time, contract services, and
purchased supplies and equipment necessary to perform the engineering, legal,
environmental, and planning services necessary for developer's project.
2.) Developer shall deposit an amount to be determined by the City Manager
equating to staff's estimate of the above costs prior to staff beginning work on
developer's project. In the event costs exceed the estimate, developer will
reimburse the City for the overage. The deposit will be required to be kept
evergreen; meaning once the deposit falls below a set amount, the developer
must replenish the deposit. If the developer fails to do so, City may cease work.
3.) Developer must acknowledge that the agreement grants them no right or
expectation for project approval and no right to control in-house staff or demand
that the project be processed on a particular time schedule.
4.) Developer must agree that it will not be entitled to damages for a delay in the
schedule.
5.) Developer will agree to indemnify, defend, and hold harmless the City, of Lodi In
any litigation arising out of or related to the project, including environmental
claims, personal injury, inverse condemnation claims, and claims related to the
Lodi Electric Utility taking over territory previously in the service area of another
Electric Utility.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to enter into reimbursement agreements with the minimum
terms as outlined above.
Dated: April 4, 2007
I hereby certify that Resolution No. 2007-55 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 4, 2007, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN:. COUNCIL MEMBERS — None
RA I JOHL
City Cleric
2007-55