HomeMy WebLinkAboutAgenda Report - June 18, 2014 C-12AGENDA ITEM C, 11.
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CouNcrL CoMMUNTcATToN
AGENDA TITLE:Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
lmprovement Agreement for Rose Gate Subdivision Unit No. 1 (Tract No. 3785)
and Unit No. 2 (Tract No. 3813) and Temporary (Private) Wastewater and Storm
Drainage Faci lity Access Maintenance Ag reement
MEETING DATE: June 18,2014
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution approving final map and authorizing City Manager
to execute lmprovement Agreement for Rose Gate Subdivision Unit
No. 1 (Tract No.3785) and Unit No.2 (Tract No.3813) and
Temporary (Private) Wastewater and Storm Drainage Facility Access Maintenance Agreement.
BAGKGROUND IN FORMATION Rose Gate subdivision is bounded by Lower Sacramento Road,
LodiAvenue, and the Woodbridge lrrigation District canal, as shown
on Exhibit A. The development consists of 230 single-family
residential lots.
The project improvements, as reflected in the lmprovement Agreement (Exhibit B), include installation of
all interior subdivision improvements, along with street frontage improvements along the north side of
LodiAvenue from Lower Sacramento Road to the westerly project limits. The improvements along
Lodi Avenue consist of undergrounding the existing overhead power poles, installation of a roundabout,
masonry wall, curb, gutter and sidewalk (north side only, west of the roundabout), landscape and
irrigation, street lights, signal improvements, and full-width paving.
Offsite storm drain and wastewater improvements (also reflected in Exhibit A) will be constructed as a
condition of securing the right to develop the Rose Gate Subdivision. The developer is required to
construct a portion of the Westgate Drive wastewater and storm drain trunk lines (between Lodi Avenue
and Vine Street), a temporary wastewater lift station and discharge piping, and a portion of Storm Drain
Basin F-2 to provide interim wastewater and storm drain services to the subdivision. The temporary
wastewater and storm drain infrastructure will be privately owned and maintained by the developer in
accordance with the terms and conditions of the Temporary (Private) Wastewater and Storm Drainage
Facility Access Maintenance Agreement (Exhibit C).
The developer, FCB Homes, has furnished the City with the improvement plans; necessary agreements,
guarantees, insurance certificates; and a portion of the fees for the proposed subdivision. Development
lmpact Fees will be collected as part of the building permit process prior to issuing a certificate of
occupancy for each single-family residence, in accordance with Lodi Municipal Code Section 15.64.040.
Ïhis project is in the process of being annexed into the Community Facilities District No. 2007-1 (CFD).
IM
APPROVED
K:\WP\DEV_SER\ Rosegate\CFinalMap.doc
Manager
6t5t2014
Adopt Resolution Approving Final Map and Authorizing City Manager to Execute lmprovement
Agreement for Rose Gate Subdivision Unit No. 1 (Tract No. 3785) and Unit No. 2 (Tract No. 3813) and
Temporary (Private) Wastewater and Storm Drainage Facility Access Maintenance Agreement
June 18,2014
Page 2
Portions of the cost to install certain offsite public improvements that benefit other properties may be
eligible for reimbursement from others; however, it is the developer's responsibility to request
reimbursement and submit the appropriate information per Lodi Municipal Code Chapter 17.62.
FISCAL IMPAGT:There will be an increase in long{erm maintenance costs for public
infrastructure and City services such as police, fire and parks and open
space maintenance. This cost will be funded by proceeds from the CFD
FUNDING AVAILABLE: Not applicable
8ùl F. Wally Sandelin
Public Works Director
Prepared by Charles E. Swimley, Jr., City Engineer/Deputy PublicWorks Director
FWS/CES/pmf
Attachments
cc: City Attorney
City Engineer/Deputy Public Works Director
Senior Civil Engineer Chang
Associate Civil Engineer Nathan
Senior Engineering Technician Wiman
FCB Homes
MCR Engineering
K:\WP\DEV_SER\ARosegate\C FinalMap. doc 6t5t2014
Private Wastewater & Storm Drain Lin es
Rose Gate Subdivision
Private TemporaryBasin
Private TemporaryStockpile
Private Te mporary Wastewate r PumpStation
Private Te mporary Wastewate r Force Ma in
Temporary Wastewater Force Main Discharge Point
LodiAv.
VineSt.Lower Sacramento Rd.Rose Gate Subdivision & Offsite ImprovementsExhibit A
µ1 inch = 500 feet
0 500250
Limits of Rose GateSubdivision
Legend
City Limits
Private Wastew ater & Stormdrain Improvements
RESOLUTION NO. 2014-106
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE FINAL MAP AND AN IMPROVEMENT AGREEMENT FOR
ROSE GATE SUBDIVISION UNlr NO. 1 (TRACT NO. 3785)
AND UNIT NO. 2 (TRACT NO. 3813) AND A TEMPORARY
(PRIVATE) WASTEWATER AND STORM DRAINAGE
==============:191:'lli9s::y15:Iit=:10=Try:_Il=============
WHEREAS, Rose Gate Subdivision is bounded by Lower Sacramento Road,
LodiAvenue, and the Woodbridge lrrigation District canal, and consists of 230 single-
family lots; and
WHEREAS, the developer, FCB Homes, has furnished the City with the
improvement plans, necessary agreements, insurance certificates, and a portion of the
fees for the proposed subdivision; and
WHEREAS, Development lmpact Fees will be collected as part of the building
permit process prior to issuing a certificate of occupancy for each single-family
residence, in accordance with Lodi Municipal Code Section15.64.040; and
WHEREAS, this project is in the process of being annexed into the Community
Facilities District No. 2007-1 (CFD); and
WHEREAS, the improvements include installation of all interior subdivision
improvements, along with street frontage improvements along the north side of Lodi
Avenue from Lower Sacramento Road to the westerly project limits. The improvements
along LodiAvenue consist of undergrounding the existing overhead power poles,
installation of a roundabout, masonry wall, curb, gutter and sidewalk (north side only,
west of the roundabout), landscape and irrigation, street lights, signal improvements,
and full-width paving; and
WHEREAS, the developer is required to construct a portion of the Westgate
Drive wastewater and storm drain trunk lines (between Lodi Avenue and Vine Street), a
temporary wastewater lift station and discharge piping, and a portion of Storm Drain
Basin F-2 to provide interim wastewater and storm drain services to the subdivision; and
WHEREAS, the temporary wastewater and storm drain infrastructure will be
privately owned and maintained by the developer in accordance with the terms and
conditions of the Temporary (Private) Wastewater and Storm Drainage Facility Access
Maintenance Agreement; and
WHEREAS, portions of the cost to install certain offsite public improvements that
benefit other properties may be eligible for reimbursement, it is the developer's
responsibility to request reimbursement, and submit the appropriate documentation
pursuant to Lodi Municipal Code Section 16.40.
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby
approve the final map and lmprovement Agreement for Rose Gate Subdivision Unit
No. 1 (Tract No.3785) and Unit No. 2 (Tract No. 3813) and a Temporary (Private)
Wastewater and Storm Drainage Facility Access Maintenance Agreement; and
BE lT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the lmprovement Agreement and Temporary (Private)
Wastewater and Storm Drainage Facility Access Maintenance Agreement on behalf of
the City of Lodi.
Dated: June 18,2014
===================================================================
I hereby certify that Resolution No. 2014-106 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held June 18,2014, by the following
vote:
AYES
NOES
ABSENT:
ABSTAIN
COUNCIL MEMBERS - Hansen, Johnson, Mounce, Nakanishi, and
Mayor Katzakian
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
L-OLSON
City Clerk/Leg islative Affairs Officer
2014-106
WHEN RECORDED, RETURN TO
Gity Clerk
Gity of Lodi
221 West Pine Street
Lodi, GA 95240
C-lL
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
ROSE GATE SUBDIVISION
TRACT NO. 3785 (UN|T NO. 1)
TRACT NO. 3813 (UN|T NO.2)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and W.L. INVESTORS, L.P.. a California
limited partnership by and throuqh its qeneral partner. FRONTIER LAND COMPANIES, a
Cal iforn ia m{+Ri€ipal-corporation, herei nafter referred to as " Developer".
RECITALS:
Developer has presented to City for approval final subdivision maps, hereinafter called "Maps",
entitled "Rose Gate Unit No. 1" and "Rose Gate Unit No. 2". The Maps were filed with the
Public Works Director for presentation to the City Council for approval, and are hereby referred to
and incorporated herein;
Developer has requested approval of the maps 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 Rose Gate 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 or his
designee.
City Council will adopt a resolution approving the maps and accepting the dedications therein
offered on condition that Developer first enters into and executes this Agreement with City and
meets 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 17 of the Lodi City Municipal Code (LMC).
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:
1. Performance of Work bv 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 City's Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the Project, Plan Set
D159, which is on file in the Public Works Department
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. Developer may experience
delays in the delivery of the required decorative street light standards. The street light
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standards should be ordered early in the Project schedule to avoid delay in
acceptance of the public improvements by the City.
B. Naturalgas line installation
C. Telephone line installation
D. Electricalsystem
E. Cable television system
2. DevelopmentChanqes.
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 bv Citv.
Prior to the approval of the final maps by the City, it is agreed that the Developer shall
deposit with the City the amount of money shown as the "Developer Cost" on the Billing
Schedule attached hereto as Exhibit A and by this reference made a part hereof as
though fully set forth.
From payments made under the Billing Schedule, Developer elects to have the City
perform or install or cause the installation of the following items:
A. Street seal coat.
B. Fire hydrant markers.
C. Televideo inspection of the public sewer and storm drain lines. The fee shown on
the Billing Schedule is based on the linear footage of sewer and storm drain pipe,
including laterals, shown on the improvement plans. The fee will be adjusted, if
necessary, when the televideo inspection is complete. Any additionalfee must be
paid prior to project acceptance.
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 lmpact Mitiqation Fees.
Development lmpact Mitigation Fees for water, wastewater capacity, street
improvements, storm drain, police, fire, parks and recreation and general City facilities are
required for this project. Payment of the Development lmpact Mitigation Fees shall be
collected prior to issuance of Certificate of Occupancy for each dwelling. The amounts
shown in this agreement for the Development lmpact Mitigation Fees are those in effect
at the time of execution of this agreement. ln conformance with LMC 15.64.050, the fees
are automatically adjusted on Jãnuary 1't of each year. Fees may also be adjusted at
other times by separate City Council action. The actual fees to be paid will be those in
effect at the time of payment. This agreement shall in no way limit City's ability to charge
Developer the fees in effect at the time Developer pays the fees.
5. Reimbursement from Others.
Developer may be eligible for reimbursement from others for the cost of certain off-site
public improvements that benefit other properties. lt is Developer's responsibility to
request reimbursement and submit the appropriate information per Lodi Municipal Code
Section 17.62.
6. Stormwater Basins.
Developer shall provide payment in the amount of $15,000.00 to City for the cost to
purchase and install future SCADA equipment at the F-1 Basin Outfall Structure ("Basin
F-2'). Developer has initiated construction of a portion of Basin F-2 to supplement
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required storage volume for the temporary basin operations for the Rose Gate
Subdivision. Until completed in accordance with the City's Storm Drain Master Plan and
accepted by Council, Basin F-2 and the storm drain infrastructure south of Lodi Avenue,
shall be privately owned and maintained. The basin shall be secured using chain link
fencing material that complies with City Standards. Basin maintenance shall be
performed by Developer in accordance with the Temporary (Private) Wastewater and
Storm Drainage Facility Access and Maintenance Agreement (Temporary Maintenance
Agreement), to be executed concurrently with this Agreement, until such time the
permanent F-3 Basin as indicated in the City's Storm Drainage Master Plan) is
constructed providing a point of terminal discharge for the entire F-Area watershed.
7. Temoorarv Wastewater Pump Station.
Developer will construct a temporary wastewater pumping station to temporarily serve up
to 230 residential lots within the Rose Gate Subdivision (Units No. 1 and 2) until such time
the development connects to the Westgate Wastewater Trunk Line at Taylor Road. A
flow study was conducted by the Developer to determine the available capacity of the
existing wastewater main located in Lower Sacramento Road.
Pump station maintenance and operations shall be performed by Developer in
accordance with the Temporary Maintenance Agreement untilsuch time the development
connects to the Westgate Wastewater Trunk Line at Taylor Road. Developer shall
provide payment to City in the amount of $35,000.00 for the abandonment, removal, and
backfill and surface restoration of all temporary wastewater pump station facilities,
including the force main. Any unused funds will be returned to Developer upon
completion of lift station and force main abandonment work and acceptance of the same
by City.
8. 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 in 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.
9. Time Extension.
Time is of the essence of this Agreement. City may extend the time for completion of the
improvements hereunder under the terms of an addendum to this Agreement which shall
be approved by the City Manager. Any such extension may be granted without notice to
Developer's surety, and extensions so granted shall not relieve the surety's liability on the
bond to secure the faithful performance of Developer under this Agreement. The City
Manager shall be the sole and final judge as to whether or not good cause has been
shown to entitle Developer to an extensioñ.
10. Record Drawinos and Certifications.
Prior to acceptance of the Project improvements, Developer shall have installed and in
place all survey monuments as shown on the Maps and provide record drawings and
certifications as described in the City of Lodi Public lmprovement Design Standards.
11. Permits: Compliance with Law.
Developer shall, at Developer's expense, obtain all necessary permits and licenses for the
construction of the improvements described in this Agreement, give all necessary notices,
and pay allfees and taxes required by law.
12. Superintendence bv Developer.
Developer shall give personal superintendence to the work of said improvements, or have
a competent agent, foreman or superintendent, satisfactory to the Public Works Director,
on the work site at all times during construction, with authority to act for Developer.
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13. ln bv Citv.
14.
Developer shall at all times maintain proper facilities and provide safe access for
inspection by City to all parts of the work site. lnspections will be provided during normal
working hours of City staff. Developer will be billed for inspections on work performed on
weekends, holidays and overtime. Developer shall also pay all additional costs incurred
by City for soils and materials testing and/or inspection services, including storm water
compliance inspections, required as a part of City inspection activities.
Contract Securitv.
Subiect to LMC Title 17, including subsection B. of 17.60.040, cêoncurrently with the
execution of this Agreement, Developer shall furnish lmprovement Security of at least
100% of the estimated cost of the public improvements required to be constructed, plus
deferred fees and engineering costs of surveying, record drawings and certifications as
security for the faithful performance of this Agreement; and an amount equal to at least
50% of the above costs, excluding deferred fees, 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:
FaithfulPerformance: $ry
Laborand Materials: $ry
Warranty Security.
Prior to acceptance of the Project improvements by City, Developer shall furnish Warranty
Security of at least 10o/o of the total cost of the public improvements required to be
constructed, as security for repair or replacement of defective work as provided under
Paragraph 20 of this Agreement. The warranty period shall be two (2) years following the
date of acceptance of the improvements by City. lf any portion of the Project receives
partial acceptance during the course of construction, the warranty period for all required
Project improvements shall commence upon the date of final acceptance for the entire
Project.
Hold-Harm less Aq reement.
Developer hereby agrees to, and shall, hold City, its elected and appointed boards,
commissions, officers, agents, and employees, harmless from any liability for damage or
claims for damage from 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 elected and appointed 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 17 of this Agreement.
B. That the aforesaid hold-harmless agreement by Developer shall apply to all damages
and claims for damages of every kind sutfered, or alleged to have been sutfered, 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 Project, 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.
15.
16.
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17. Developer's lnsurance.
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.
A. Compensation lnsurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
lnsurance 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 lnsurance 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 Worker's Compensation insurance.
B. Comprehensive General and Automobile lnsurance
Developer shall take out and maintain during the life of this Agreement such
insurance as shall insure City, its elected and appointed 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
from the Project or the Project 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
$5,000,000 Bodily lnjury - Each Occurrence/Aggregate
$5,000,000 Property Damage - Each Occurrence/Aggregate
or
$10,000,000 Combined Single Limit
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$5,000,000 Bodily lnjury - Each Person
$5,000,000 Bodily lnjury - Each Occurrence
$5,000,000 Property Damage - Each Occurrence
or
$10,000,000 Combined Single Limit
Developer must have comprehensive automobile liability only if Developer's vehicles
are used for the Project or on the Project property.
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.
A copy of the certificate of insurance with the following endorsements shall be
furnished to the City:
A. Additional Named lnsured Endorsement
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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
City and shall be included with Developer's policies.
B. Primary lnsurance 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 elected and appointed boards, commissions, officers, agents and
employees shall be excess only and not contributing with the insurance afforded
by this endorsement.
C. Severability of lnterest 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 Developer's
liability.
18. Evidence of lnsurance.
Developer shall furnish Gity, concurrently with the execution of this Agreement, 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, 221West Pine Street, Lodi, CA,
95240.
19. Title to lmprovements.
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.
20. Repair or Reconstruction of Defective Work.
lf, within a period of two (2) years 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, including the mitigation measures for dust and erosion
control, 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.
21. Repair or Replacement of City-Owned Bvpass Meter Assemblies.
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. City will supply these assemblies upon
receipt of a deposit in the amount of $5,000.00 for each assembly required. The purpose
of the deposit is to guarantee the return of the assembly in good condition and fulfillment
of the other obligations shown in the City's Policies and Procedures entitled "Metering
Water Usage of New Water Mains Requiring Temporary Bypasses."
22. Mud. Debris. Dust and Erosion.
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.
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Should any mud or debris be deposited in City or County streets or any damage caused
to City or County streets, Developer shall have the same removed or repaired forthwith,
and if not removed or repaired upon notice within a specified time, City shall cause the
same to be removed or repaired and Developer shall be charged for the cost of said
removalor repairs.
Developer, Developer's contractor, subcontractors, and/or agents shall be responsible so
no dust or erosion problems are created during construction, including installation of
telephone, electrical, cable television and gas facilities. Developer's responsibility for dust
and erosion control shall extend to include a period of two (2) years from the date of final
acceptance by City of the work performed under this Agreement.
lf a dust or erosion problem arises during development or within a period of two (2) years
from the date of final acceptance by City of the work performed under this Agreement,
including but not limited to installation of telephone, electrical, cable television, andior gas
facilities, and has not, after notice, been abated by Developer within a specified period of
time, City shall cause the same to be controlled, and Developer shall be charged with the
cost of said control.
23. Fire Protection Durinq Construction.
Fire protection facilities approved by City's 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 (as set forth in the
Lodi Municipal 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.
24. Protection of Existing lmprovements.
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 under this Agreement, shall be the absolute responsibility and liability of
Developer. ln other words, it shall be Developer's responsibility to pay for damage to
existing improvements and public or private utilities within the Project property. Damage
to any existing facilities outside the limits of the Project damaged as part of the
construction of the required Project improvements is also Developer's responsibility.
25. Dwelling Occupancv.
City will not allow occupancy of any building or structure within the Project until all
deferred fees have been paid, public improvements have been approved and accepted by
the Public Works Department per established City policy and other requirements of City
codes have been met. lf building is started prior to acceptance of the improvements, it is
Developer's responsibility to inform all prospective purchasers that occupancy will not be
permitted until said deferred fees are paid and public improvements are so accepted by
C¡ty.
26. Developer Not Aoent of Citv.
Neither Developer nor any of Developer's agents, contractors, or subcontractors are or
shall be considered to be agents of City in connection with the performance of
Developer's obligations under this Agreement.
27. Notice of Breach and Default.
lf 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 if
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 of breach of this Agreement, or any portion thereof,
and the default of Developer.
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28. Breach of Aqreement: Performance bv Surety or Citv.
ln the event 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 five 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.
29. Notices.
All notices herein required shall be in writing, signed by the authorized representative of
the sender and shall be deemed to have been given when the same is personally served
or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from
the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the
respective parties.
Notices required to be given to City shall be addressed as follows:
F. Wally Sandelin
Public Works Director
City of Lodi
221 West Pine Street
P. O. Box3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
W. L. lnvestors, L.P.
Attn: Thomas P. Doucette, President
Frontier Land Companies. its General Partner
10100 Trinity Parkway, Suite 420
Stockton, CA 95219
Notices required to be given to Developer's agent shall be addressed as follows:
WllnvestorslP
Attn: Georoe K. Gibson, Sr. V.P.
Frontier Land Companies, its General Partner
10100 Trinity Parkway. Suite 420
Stockton, GA 95219
Notices required to be given to surety shall be addressed as follows:
Developer's Surety and lndemnitv Co.
Attn: Ms. Peqov Roy
17771 Cowan. Suite 100
lrvine, CA 92614
Provided that either party or the surety may change such address by notice in writing in
the manner set forth above, to the other party and thereafter notices shall be addressed
and transmitted to the new address.
JIGA\ClT\lSubdivisions\Rose Gate\lmprovement Agreement - Rose Gate Subd (4) redline.doc (reu.6h6l201
30. Authority.
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
ln Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto affixed.
FRONTIER LAND COMPANIES,
a Californ ia_corporation. General Partner for
W. L. lnvestors. a California limited partnership
Dated
THOMAS P. DOUCETTE
President
(coneomre seru-¡
CITY OF LODI, a municipalcorporation
Dated:- By
STEPHEN SCHWABAUER
City Manager
ATTEST:
RANDIJOHL-OLSON
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM
JANICE D. MAGDICH
^,CityAttorney z\\
J:\CA\ClT\ASubdivisions\Rose Gate\lmprovement Agreement - Rose Gate Subd (4) redline.doc 9 (rev. 6/16/201
CITY COUNCIL
PHIL KATZAKIAN, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
BOB JOHNSON
JOANNE L, MOUNCE
ALAN NAKANISHI
CITY OF LODI
STEPHEN SCHWABAUER
City Manager
RANDI JOHL-OLSON
CitY Clerk
JANICE D. MAGDICH
City AttorneY
F. WALLY SANDELIN
Public Works Director
FCB Homes
10100 Trinity Parkway, Suite 420
Stockton, CA 95219
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODr, CALTFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lod i. gov
June 12,2014
MCR Engineering
1242 Dupont Court
Manteca, CA 95336
SUBJECT: Adopt Resolution Approving Final Map and Authorizing City Manager to
Execute lmprovement Agreement for Rose Gate Subdivision Unit No. 1
(Tract No. 3785) and Unit No. 2 (Tract No. 3813) and Temporary (Private)
Wastewater and Storm Drainage Facility Access Maintenance Agreement
Enclosed is a copy of background information on an ¡tem on the City Council agenda of
Wednesday, June 18,2014. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
lf you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California,95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliver the letter to City Hall, 221 West Pine Street.
lf you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. lf you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
lf you have any questions about the item itself, please call Charlie Swimley,
City E¡gineer/Deputy Public Works Director, at (209) 333-6800, extension 2593.
, F. Wally Sandelin' Public Works Director
FWS/pmf
Enclosure
cc: City Clerk
1f,r
NCFINALMAP,DOC