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HomeMy WebLinkAboutAgenda Report - July 20, 2016 C-12TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM G�2 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for The Vine at Vintner's Square Subdivision, Unit No. 1, Tract No. 3865 MEETING DATE: July 20, 2016 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement Agreement for The Vine at Vintner's Square Subdivision, Unit No. 1, Tract No. 3865. BACKGROUND INFORMATION: The Vine Subdivision is bounded by Lower Sacramento Road, Taylor Road, Westgate Drive, and the northerly property line of the Vintner's Square Shopping Center, as shown on Exhibit A. The gated development consists of 57 single-family residential Tots. The developer, The Grupe Company, has elected to construct Unit No. 1 of this two -unit development. The improvements (public and private) to be constructed in Unit No. 1 are reflected in Exhibit B and consist of 33 single-family residential lots. The project includes the installation of all private interior subdivision improvements along with street frontage improvements on Taylor Road from Lower Sacramento Road to Westgate Drive. The improvements along Taylor Road consist of masonry wall, curb, gutter and sidewalk, landscape and irrigation, street lights and full -width asphalt concrete pavement that conforms to existing driveways on the north side. Underground utilities including water mains, storm drain pipes, and wastewater pipes will also be installed to serve the subdivision. All private improvements inside the interior private street (Exhibit C), including the street pavement, curb, gutter, sidewalk, private storm drain system, private sewer system, street lights, walls, and landscape elements will be maintained by the Home Owner Association (HOA). The HOA will include the appropriate mechanisms to assess, collect, and enforce the HOA obligations. Since master planned storm drain facilities serving this area are not yet available, a temporary, private storm drain basin was required as part of the Vintner's Square Shopping Center construction. The proposed subdivision requires abandoning the private storm drain basin. A study (Exhibit D) conducted by the City and funded by the developer determined that various, minor modifications to the City's existing storm drain system would provide storm drain protection equivalent to the City standard when the Vintner's Square Shopping Center was constructed. The developer, Grupe Company, has agreed to pay for all costs associated with the storm drain system modifications as outlined in the study. The developer has furnished the City with the improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed subdivision. Development Impact 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 (LMC) 15.64.040. Upon the City Manager executing the Improvement Agreement, the developer may commence work on public improvements associated with the subdivision. APPROVED: Stephen Sch ab-. er, City Manager K:\WP\DEV_SERV\Developments\Residential\Taylor Road\Improvement Agmt\C_ImprovementAgmt_Unit1.doc 7/6/16 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for The Vine at Vintner's Square Subdivision, Unit No. 1, Tract No. 3865 July 20, 2016 Page 2 This project is part of the Community Facilities District No. 2007-1 (Public Services) (CFD). The public hearing has been set for August 17, 2016. The final map approval for the subdivision is conditioned on the annexation of the properties. Staff will request the final map approval at the August 17, 2016 council meeting. Portions of the cost to install certain off-site public improvements that benefit other properties may be eligible for reimbursement from others. It is Developer's responsibility to request reimbursement and submit the appropriate information per LMC Section 17.62. FISCAL IMPACT: There will be an increase in long term maintenance costs for public infrastructure and City services such as police, fire, and parks, and open space maintenance. FUNDING AVAILABLE: Not applicable. Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang City Engineer/Deputy Public Works Director CES/LC/tdb Attachments cc: City Attorney City Engineer / Deputy Public Works Director Senior Civil Engineer Senior Engineering Technician Wiman Grupe Company MCR Engineering K:\WP\DEV_SERV\Developments\Residential\Taylor Road\ Improvement Agmt\C_ImprovementAgmt_Unit1 doc 7/6/16 027-050-03 027-060-01 027-060-03 027-060-05 027-060-43 —7— 027-060-09 027-060-10 r - -± I I I I I I r----7--1 I I 1 I 027-060-121 027-060-13 I I I I I I I I I I I I r 027-060-42 1 it I 1 027-060-27 627-060-291 027-060-35 I I I I I I 027-050-10 0 a 43 44 45 Ow opE 42 TAYLOR ROAD 37 41 J�\JJ��,�38 40 39 of LL 36 CHARDONNAY LANE (FUTURE 35 34 47 48 027-420-09 1 9 50 51 52 53 54 55 56 4- o A 57 TAYLOR ROAD VINTNERS SQUARE SHOPPING CENTER 027-420-07 CHARDONNAY LANE (PRIVATE) 2 3 4 5 7 9 10 027-420-06 11 LOWER SACRAMENTO ROAD UNIT NO. 1 SUBDIVISION MAP DATE: JUNE, 2016 THE VINE AT VINTNERS SQUARE TAYLOR ROAD AT LOWER SACRAMENTO ROAD LODI, CA 0 75 150 mcR ENGINEERING www . m c r e n g. c o m MCR ENGINEERING, INC. 1242 DUPONT COURT MANTECA , CA 95336 TEL : ( 209) 239 - 6229 FAX : ( 209) 239 - 8839 TAYLOR ROAD --'.8----- r-42- 1� III I II I�! II A 2 3 5 6 7 8 9 10 11 12 II rII II II II II UNIT NO. 1 SUBDIVISION PHASING MAP DATE: JULY, 2016 THE VINE AT VINTNERS SQUARE TAYLOR ROAD AT LOWER SACRAMENTO ROAD LODI, CA 75 150 niCR MCR ENGINEERING, INC. 1242 DUPONT COURT MANTECA , CA 95336 ENGINEERING TEL: ( 209) 239-6229 FAX : ( 209) 239 - 8839 w c o m 027-050-03 027-050-10 0 a 027-060-0 027-060-03 FL —7 I I I I I I I I 027-060-05 027-060-43 027-060-09 027-060-10 r - -± I I I I I I r----7--1 I I 1 I 027-060-121 027-060-13I I I I I I I I I I I I I 027-060-42 I I 027-060-27 627-060-291 027-060-35 TAYLOR R 1 29 28 18 17 4 45 CHARDONNAY LANE (FUTURE 47 48 49 50 51 52 53 54 55 56 57 1 027-420-09 1 2 1T 3 0 zl 1 27 19 I I o8a 16 o 1 1 ig ,,,--.1 �1 26 ' P\ 0 11 15 11 11 21 1! I! 1 25 Ia _SII 113 CHARDONNAY LANE (PRIVATE 4 5 7 WATER MAIN 9 10 11 2 VINTNERS SQUARE SHOPPING CENTER 027-420-07 027-420-06 LOWER SACRAMENTO ROAD UNIT NO. 1 PUBLIC IMPROVEMENTS MAP DATE: JULY, 2016 THE VINE AT VINTNERS SQUARE TAYLOR ROAD AT LOWER SACRAMENTO ROAD LODI, CA 0 75 150 mcRMCR ENGINEERING, INC. 1242 DUPONT COURT MANTECA , CA 95336 ENGINEERING TEL: ( 209) 239-6229 FAX : ( 209) 239 - 8839 www . m c r e n g. c o m Vintners Square Development Storm Water Analysis May 2015 E CIVil. f fz0 f2' 0 15 1. Background The developer of the Vintners Square residential development requests to abandon and fill in the temporary detention basin to allow full development of the property. The removal of the temporary basin would require the on-site storm water to be immediately discharged and stored offsite. One alternative is to connect the on-site storm drainage system directly to the G -Basin storm drainage system. This study will focus on the potential impacts on the G - Basin watershed and the basin operations associated with the request. The proposed Vintners Square residential development is located on the south side of Taylor Road between Westgate Drive and Lower Sacramento Road (north of the Vintners Square Shopping Center). The development consists of 9 acres of low density housing units (See Exhibit A). This development is to be served by the future F3 storm water basin as identified in the 2012 City of Lodi Storm Drainage Master Plan. Currently the entire Vintners Square Shopping Center, etc., including the undeveloped Vintners Square Residential property, is served by a temporary on-site detention basin designed to store a 48-hour, 10 -year storm (3.3 inches total). The temporary detention basin is located in the westerly portion of the Vintners Square residential development area. The design information of the on-site detention basin and pump station is provided in the Vintners Square Project Drainage Study, prepared by Phillippi Engineering (2003). In 2005, the original developer (Geweke Family Partnership) executed a "Temporary Storm Drainage Basin Agreement, Vintners Square", (Appendix A) to establish terms and conditions for the operation and maintenance of the temporary basin. Under this agreement, the developer shall continue to operate and maintain the basin until a permanent public storm drainage facility is constructed and operational. 2. G -Basin Watershed G -Basin watershed contains approximately 873 acres of mostly developed land located in the southwest part of the City. Approximately 7 acres of mix-use/office and 55 acres of residential zoned lands remain undeveloped. G -Basin has a design storage capacity of 202 acre-feet of storm water with a maximum water level at 26.0 feet above mean sea level. The G -Basin storm drain pump station has three 4,500 gpm (10 cfs) duty pumps and is designed to discharge a maximum of 30 cfs (59.5 Acre-feet per Day, AFD) during off-peak times from the basin, to the Beckman Park pump station, which ultimately discharges to the Woodbridge Irrigation District (WID) main canal. The Beckman Park pump station is designed to discharge up to 40 cfs (79.3 AFD) into the canal. The Beckman Park pump station is also the discharge point for the Al, A2, C (partial), D, 1 (future), and F (future) basins (See Exhibit B). 3. Study Assumptions The following assumptions are made for this study: a. The undeveloped Peterson properties (located at the northeast corner of Century Boulevard and Lower Sacramento Road), including Olive Court (46.5 acres), are included in calculating the storm water runoff. The development is assumed to be low density residential. b. The undeveloped 8.5 acres Valentine property (1164 S Lower Sacramento Road) is not included in calculating the storm water runoff. It is assumed that the development of this property is beyond 20 years. c. Rainfall total for 2 -year, 24 hour storm is 1.4 inches and for 5 -year, 24 hour storm is 2.2 inches. d. The Luca Place residential development (west of Lowe's building) is included in the Vintners Square study area. e. The City is working with other local agencies on a "Multi -Agency Post —Construction Storm Water Standards Manual" to comply with State requirements which requires the developer to implement low impact development features inside the development to reduce peak storm water runoff. The standards will be finalized by July 1st, 2015. Developer's engineer may submit calculations with the development plan to determine the final peak storm water runoff and/or potential reductions to the runoff calculations included in this report. 4. Analysis Approach Computer models of the G -basin watershed and the Vintners Square study area watershed are setup in Bentley StormCAD to allow analysis of the storm drainage system. The City standard storm drain system analysis was performed on the system, which consists of a 2 - year, 24-hour storm with a full basin, and a 5 -year, 24-hour storm with an empty basin. This analysis determined the impact of serving the study area by the existing storm water collection system inside the G -Basin watershed. Runoff volume was calculated to determine the additional storm water storage needed to serve the study area during the City standard 100 -year, 48-hour storm (0.4 feet of rainfall) event. Discussion follows on how this extra storm water runoff would impact G -Basin and the Beckman Park pump station. A recommendation is made at the end of this report on how to handle the extra storm water runoff without significant impact on other watersheds. 5. Vintners Square Analysis The existing Vintners Square study area storm drain system was designed to drain to the future F3 -Basin. The storm water in the F3 -Basin will ultimately discharge to G -Basin. In the interim, the study area drains to the existing temporary on-site basin. The temporary on- site basin has a small pump station which lifts storm water stored in the basin and allows gravity discharge to G -basin via the 30 -inch and 48 -inch pipes in Westgate Drive; then easterly and through the Safeway Shopping Center. The private pump station is manually operated and is only turned -on with the permission from the City. The on-site storm drain system was designed to handle up to a 5 -year, 24 hour storm without localized flooding, as indicated in the Phillippi Engineering's study. To connect the on-site storm drain system to the G -basin storm drain system, the on-site system would need to be connected to the 36 -inch storm drain pipes in Westgate Drive. The two storm drain manholes at Westgate Drive and Taylor Road would need to be connected with a 36 -inch diameter pipe. The starting hydraulic grade line (HGL) will be higher for the on-site system once it is connected to the G -Basin storm drain system. For a 2 -year storm event (with G -Basin full), the starting HGL at the connection at Westgate Drive is 28.25 (vs. 22.80 in the current condition, due to the starting water surface elevation in the temporary basin). In the model, the modified on-site system is able to handle a 2 -year storm event without overflowing, as shown in Exhibit C. For a 5 -year storm event (with G -Basin empty), the on-site system will experience localized flooding on most of its inlets as expected due to the higher HGL at the connection point in Westgate Drive as shown in Exhibit D. In other words, the entire Vintners Square study area will experience more inlets overflowing during intense storms than before connecting to the City's G -Basin storm drain system. 6. G -Basin Storm Drain System Hydraulic Capacity Analysis The existing G -basin storm drain system is designed to handle a 2 -year storm event. For a 5 -year storm event, the model identifies 15 locations in the area mainly north of Vine Street that will experience localized flooding, as shown in Exhibit E. With the Vintners Square study area connected to the G -basin storm drain system, there is minimal impact during a 2 -year storm event as shown in Exhibit F. During a 5 -year storm event, the impact to the G -basin storm drain system is more dramatic due to the high runoff from the commercial portion of Vintners Square study area. There are 30 locations in the system which will experience localized flooding. The area of impact is shown in Exhibit G. Without the on-site detention basin to hold the storm water from the Vintners Square study area during storm events, the existing development in the G -Basin watershed will experience higher frequency of street flooding. There is no feasible means for mitigating this impact. The City shall expect to receive more calls on street flooding related complaints for these areas. 7. Storm Water Runoff Impact Analysis In analyzing the storm water runoff impact to G -Basin and the Beckman Park pump station, we needed to study all the watershed areas which are directly connected to G -Basin and/or the Beckman Park pump station, as previously shown in Exhibit B. Vintners Square Study Area The 100 -year, 48-hour storm water runoff volume of the Vintners Square study area was determined to be 10.3 acre-feet. Normally this extra volume will be detained in the future F3 -Basin until such time that G -Basin or the Beckman Park pump station has excess capacity. Without F3 or the on-site detention basin, the storm water runoff from the Vintners Square site will discharge directly to G -Basin via the existing storm drain pipes in Westgate Drive. Al -Basin Watershed Al -Basin (Kofu Park) has a watershed area of approximately 520 acres and requires a total storm water storage of 81 acre-feet (100 -year, 48 hour storm). The basin was designed to have a storage capacity of 41.5 acre-feet combined with a discharge rate of 10 cfs to the Beckman Park pump station, to provide the 100 -year flood protection. A2 -Basin Watershed A2 -Basin (Beckman Park) has a watershed area of approximately 544 acres and requires a total storage of 75 acre-feet (100 -year, 48 hour storm). The basin was designed to have a storage capacity of 60 acre-feet combining a discharge rate of 4 cfs to the Beckman Park pump station to provide the 100 -year flood protection. C -Basin Watershed C -Basin (Pixley Park) is designed to drain to the Cluff Avenue storm drain pump station and to the Mokelumne River via an on-site pump station. Currently the pump station is not constructed. The basin currently fills up with storm water during storm events and any storm water below the elevation 43.0 will eventually gravity drain to Salas Park pump station through a small weep hole (8" x16") in a manhole at Kettleman Lane east of Highway 99. When storm water reaches above elevation 43.0, the water will go to the Cluff Avenue pump station. The flow to Salas Park is unknown at this time, but can be reasonably assumed it's relatively small because of the size of the weep hole. This study assumes it is negligible. D -Basin Watershed D -Basin (Salas Park) has a watershed of approximately 827 acres and requires total storm water storage of 220 acre-feet (100 -year, 48 hour storm). The basin was designed to have a storage capacity of 74 acre-feet, combining a discharge rate of 26 cfs to the Beckman Park pump station to provide the 100 -year flood protection. G -Basin Watershed G -Basin (DeBenedetti Park) is designed to hold a 100 -year 48-hour storm event with no discharge to the Beckman Park pump station during storm events. It is also designed to transfer the storm water from the future I and F basins to Beckman Park pump station. The G -Basin pump station is equipped with three 10 cfs duty pumps and can discharge a maximum of 30 cfs during off-peak times. Although G Basin is supposed to have a design storage capacity of 202 acre-feet, the as - built plan shows it has a volume of 188 acre-feet at the maximum water elevation of 26.0. It also has a dead storage of 18 acre-feet in the deep basin which cannot be pumped out by G -Basin pump station. The net storage of the basin is actually 170 acre-feet (84% of the design capacity). Based on the storm drain model, the current required storm water storage is 173 acre-feet (without the Peterson and Olive Court properties). Adding 10.3 acre-feet of storm water from the Vintners Square development would increase the required storage to 183.3 acre-feet, which would raise the water level approximately 0.6 feet above the maximum water level which in turn will potentially cause additional flooding in the G -Basin watershed. Beckman Park Pump Station Beckman Park pump station currently handles the discharge of Al, A2, C, D, and G basins. Beckman Park pump station was designed (1972) to discharge 40 cfs to the WID canal. At that time, the discharge was limited by an Agreement with WID to 40 cfs. In 1993, the City entered into an updated agreement with WID to change the discharge to a total of 40 cfs from all outlet locations in the first 12 hours of a storm event and 60 cfs from any outlet location after that (with a total discharge of 160 cfs from all sites). Although the allowable maximum discharge at Beckman Park pump station has been increased, staff reported that the pump station has a maximum operating flow of 40 cfs, and could not sustain 60 cfs due to limitations of the existing outfall structure. As indicated above, the current 40 cfs discharge capacity at the Beckman Park pump station is dedicated to provide a 100 -yr flood protection to the Al, A2, and D -Basin watersheds. The pumps at the pump station are level controlled and continue to discharge up to 40 cfs when there is water in the pump station. Water backs up to the A-2 basin when the inflow rate exceeds the pump rate. See Exhibit H for the Beckman Park Pump Station Operation Diagram. 8. System Modification Currently there is no excess capacity in G -Basin or Beckman Park pump station to handle the extra 10.3 acre-feet of storm water runoff from the Vintners Square study area. In order to provide that capacity, the Beckman Park pump station would need to be upgraded to increase the discharge rate above 40 cfs. One possible approach for the pump station upgrade would consist of the following: a. WID Agreement Amendment The City currently has two outlets to the WID canal: Beckman Park pump station and Shady Acres pump station. The current (1993) WID Agreement limits the total flow from all outlets into WID to 40 cfs for the first 12 hours of a storm. The agreement would need to be amended to allow more total flow from the outlets, which would allow an increased discharge from the Beckman Park pump station. There may be a cost associated with the agreement amendment. The cost of it is unknown at this time. b. Outfall Upgrade There is a physical outlet limitation at the Beckman Park pump station. The outlet structure to the canal cannot sustain a flow of more than 40 cfs without spilling out on top of the structure. This is due to the limitation of the Parshall flume in the outfall structure (Exhibit I). In order to handle the discharge of more than 40 cfs, a new Parshall flume, or other WID-approved measuring device will need to be installed in place of the existing one. The estimated cost of the upgrade is $60,000. c. SCADA Upgrade Because Beckman Park pump station is directly related to the flood protection of Al, A2 and D basin watersheds, the City needs to monitor the outflow and basin levels of these basins during storm events. If necessary, G -Basin pump station would need to be shut down to allow drainage of these basins since they have the first priority in the system. A SCADA system will need to be installed at Al and D Basins and to coordinate with the Beckman Park pump station and G -Basin pump station. The estimated cost for the SCADA upgrade for both Al and D basin pump station and the SCADA programming is $82,000. A new agreement or amendment to the "Temporary Storm Drainage Basin Agreement" shall be executed between the City and the developer to cover the followings: a. Removal of the temporary on-site basin. b. Developer shall pay in advance for all cost associated with the connection to the F3 - Basin when it is built in the future. c. Developer shall pay for all cost associated with the connections to G -Basin as stated above. d. Developer shall pay for the annual pump cost of the storm water runoff based on an average rainfall of 18 inches per year. The pump cost consists of power cost and equipment cost. It's estimated to be $300 per year. Any changes to the Vintners Square drainage service area or drainage basin configuration will require City Council approval per the "Temporary Storm Drainage Basin Agreement". The new agreements with WID and developer will also require City Council approval. EXHIBITS Proposed Residential Development �r Approx 9 Acres Exhibit A Vintners Square Development s 1 inch = 200 feet Path: K:\DESIGN\Projects\Vintners Square\Exhibit A.mxd I -BASIN 318Ac Del J to RE 0 Turner Rd. _°, P E -BASIN 319Ac Shady F -BASIN 364Ac Future F3 Basin - 0 HWY 12 MI MI Sacramento 0 J Lckeford St. Vin Vine St. G-2 BAnn SIN 216Ac Bec A-1 BASIN 520Ac rk A-2 BASIN �� = 544Ac Park L -BAS I N 378Ac 0 Stockton St. Vine St. a) a) 0 0 U D -BASIN 827Ac Ceentm Blvd. Harn yl -n. Lockeford St. C -BASIN 1,052Ae, Vine St. > Kettle an Ln. St K -BASIN 474Ac olds Storm Basin rn rn Legend ---- Trunk Line Connecting to Beckman PS Basin Connected to Beckman Storm Water Basin Watershed B-2 C D IE F G-1 G-2 K L City of Lodi Storm Water Watershed Map EXHIBIT B 1 inch = 3,000 feet Path: K:\DESIGN\Projects\GIS\SD_Watershed_Map.mxd 2 ce W 0 ce <coJ V)W�~ Z m W I Q X H Q m Z 2 C� 2 Legend • On -Site MH/CB On -Site SD Pipe O Storm Drain Manholes - Storm Drain Lines Storm Drain Pipe Label H Drop Inlet ® Side Inlet - Catch Basin Laterals S 1 inch = 100 feet Djects\Vintners Square\Vintner On -Site SD.mxd A co v Ri : 31.70 L: 28.25 ®< 12 Westgate Dr. Rim: 31.60 GL: 28.44 • Rim: 31.56 HGL: 28.66 r+ ' r r 'i` iv' r r a r r r r r rr r 7.3 r r r r r r r r r r r L r ✓ r r r A Rim: 31.00 oo HGL 28.60 v • •Rim: 32.56 HGL: 28.60 A CO v Rim: 31.23 eIGL: 28.00 A CO 110 Rim: 30.00 GL: 28.04 <15 i Rim: 31.00 HGL: 28.71 • *Rim: 32.48 HGL: 28.71 Ai Rim: 31.85 HGL: 28.74 Rim: 29.50 HGL: Rim: 31.// HGL: 28.82 r r r r r r r r r ✓ r ♦r r r r r ✓ r r •' r ✓ r ✓ r r Rim: 31.50 HGL: 28.75 48 > r r Rim: 31.5 : 28.9 Irk Rim: 31.75 HGL: 28.94 Rim: 31.5 HGL: 29.2 Rim: 30.80 HGL: 29.01 Rim: 31.75 HGL: 29.25 Rim: 30.50 HGL: 29.24 Rim: 31.53 HGL: 29.08 Rim: 32.62 HGL: 29.12 Rim: 31.60 HG Rim: 31.79 HGL: 29.11 Rim: 33.25 Rim: 33.2 HGL: 29.25 HGL: 29.2 Rim: 30.70 HGL: 29.26 m: 32.62 HGL: 29.14 1 Rim: 32.04 •HGL: 29.15 Rim: 31.00 HGL: 29.21. GL: 29.16 Rim: 31.50 HGL: 28.77 Rim: 31.84 HGL: 28.90 Rim: 31.50 •HGL: 28.78 Rim: 31.00 HGL: 27.96 48 > HGL: 29.06 Rim: 31.50 HGL: 29.10 Rim: 29.50 Rim: 1.51 Rim: $1.44 k. L: 28.91 HGL: ' 8.91 HGL: 8.91 r- r Rim: 30.50 HGL: 29.10 Rim: 3 HGL-! Rim: 32.35 HGL: 29.21 Rim: 32.28 -�L: 29.21 Rim: 31.73 Rim: 32.45 HGL: 29.15HGL: 29.15 • • Rim: 32.50 •HGL: 29.11 M1� Rim: 30.50 HGL: 29.33 Rim: 32.83 Rim: 32.50 Rim: 32.8 HGL: 29.33 HGL: 29.30HGL: 29.3 -NtWiti0144P=Ii Rim: 29.50 HGL: 29.34 0 44 • ITP Path: K:\DESIGN\P A oo v yrs Westgate Dr. Ri : 31.7 L: 31.7 Rim: 31.6 GL: 31.6 Rim: 31.56 GL: 31.56 Rim: 31.75 HGL: 31.51 oRim: 31.5 31.5 o ®< 12 A Rim: 31 oo GL 31 ' r r r r rr r 7.3 r r r r r r r r r r r L r r r v Y Rim: 32.56 HGL: 32.07 A CO v Rim:31.23 HGL: 31.14 C) r r r r r r r r r r ✓ r ✓ ♦r r r r r ✓ r r •' r ✓ r - r 11.1400* Rim: 31.75 HGL: 31.54 Rim: 31.5 - -IGL: 31.5 Rim: 30.8 GL: 30.8 Rim: 30.5 -HGL: 30.5 • Rim: 31.53 0HGL: 30.99 Rim: 32.62 HGL: 31.13 Rim: 31.6 HG Rim: 33.25 HGL: 30.53 Rim: 33.2 HGL: 30.5 Rim: 30.7 Rim: 31.79 HGL: 31.08 HGL: 30.53 m: 32.62 HGL: 31.17 Rim: 32.04 HGL: 31.17 im: 32.2 0HGL: 31.23 Rim: 31 IGL: 31 'Rim: 32.48 HGL: 32.4 r Rim: 31.85 F GL: 31.85 • OIND INFO in Rim: 31.5 -HGL: 31.5 • 48 > Rim: 31. •HGL: 31.' A co 1i Rim: 30 -HGL: 30 • <15 • e. Rim: 29.5 GL: Kim: 31.// FGL: 31.77 • Rim: 32.35 HGL: 31.37 Rim: 1.5 H Rim: 30.5 Rim: 32.5 HGL: 31.6 Rim: 31.84 GL: 31.84 • Rim: 31.07 .. GL: 31.07 • -GL: 31 GL: 31.76 Rim: 31.16 Ri ��. 331.15 • HGL:29.62HGL: 29.63 29.5 •HGL: 29.5 A Rim: 31.44 HGL: 29.5 °Rinr9 31.51 HGL: 29.5 48 > GL: 30.5 Rim: 32.83 HGL: 31.67 Rim: 32. HGL: 31 3 Rim: 29.5 GL: 29.5 0 god Rim: 31.5 i GL: 31.5 • :.r r. - Rim: Rim: 30.5 GL: 30.5 -i 1111111111_, 1111••■11161111 Rim: 31.73 Rim: 32.45 HGL: 31.73 HGL: 31.75 • • Rim: 32.5 0HGL: 30.51 Legend • 0 On -Site MH/CB On -Site MH/CB (Flooding) On -Site SD Pipe Storm Drain Manholes - Storm Drain Lines Storm Drain Pipe Label H Drop Inlet ® Side Inlet - Catch Basin Laterals S 1 inch = 100 feet Path: K:\DESIGN\Projects\Vintners Square\Vintner On -Site SD.mxd Legend • 5yr PreVintners ❑ 5yr PreVintners Flood Loc o Storm Drain Manholes Storm Drain Lines On -Site SD Pipe S 1 inch = 500 feet rojects\Vintners Square\Vintner Off -Site SD.mxd Jim Elliott High School Corbin Ln. Rim: 36.70 eHGL: 34.56 Tokay St. Rim: 35.40 GL: 35.40 Rim: 35.00 Rim: 36.60 HGL: 33.34. GL. Rim: 34.43 HGL: 33.40 e Rim: 34.20 Rim: 345 Rim: 34.60 HGL: 33.91 HGL: 33.27 HGL: 31.95 Rim: 35.00 HGL: 35.00 GL:35.00 Rim: 35.47 GL: 35.47 Cochran Rd. P Rim/5.00 GL: 35.00 iei Rim: 35.37 Rim: 36.40 GL: 35.34HGL: 35.91 o-0 rn t c - a Rim: 36.32 Rim: 36.26 HGL: 34.39 „HGL: 36.26 *Rim: 36.1011_11 HGL: 35.90 Rim: 34.10 GL: 34.10 Krame Rim: 34.20 SGL: 34.20 Memorial West Rim: 32.60 HGL: 31.02 e Rim 32.88 •i GL:32.88 Rim: Rim: 33.20 -Rim: 33.60 HGL: 31.17 HGL:3.96 e HGL: 30.57 Rim: 32.57 e * HGL: 31.36- Cologne32.70 ta.. Rim: 31.69 eHGL: 28.91 Rim: 32.10 HGL: 28.21 m: 34.30 GL: 34.30 Rim: 33.30 Rim: 33.60 Rim: 34.50 Rim: 35.80 HGL 33.OHGL:33.60HGL: 34.30 HGL: 35.12 I! •I *Rim:34%0 ;D Vine ,St. HGL: 34.66 Rim: 34.00 Rim: 34.55 GL: 34.00 IiHGL:34.55 Grenoble Dr: Rim: 34.54 eHGL: 31.73 > W Rim: 35.96 eHGL: 30.30 Rim: 33.80 Rim: 32.94 Rim: 33.00 HGL: 31.011 HGL: 30.32 HGL: 27.04 Rim: 34.00 Rim: 34.35 HGL: 26.52 HGL: 25.81 e eRim:34.9l HGL: 27.80 Rim: 32.74 Rim: 33.00 HGL: 27.71HGL: 27.31 Rim: 33.010 - HGLf 33.07 Kettleman Ln. / Hwy. 12 Rim: 31.4:, HGL: 19.4 1 Rim: 33.10 `HGL: 29.32 m coa N `c Kent Av. Vista Dr. Rim: 35.67 Rim: 34.68 HGL: 25.32 HGL: 30.11 e Rim: 34.94 0Rim: 35.32 eHGL: 28.96 HGL: 30.49 Rim: 34.31 HGL.24.36 • Rim: 31.35 Rim: 32.37 - HGL: 24.42 HGL: 24.39 Rim: 31.84 HGL:25.56 •0 ` Rim: 29.90 Rim: 32.78 HGL: 26.90 HGL: 26.45 Rim: 34.23 eHGL: 30.96 rn m _n - m 2' N N Rim: 31.86 N Creekwood Dr. Rim: 34.`0 Bridgewood DripHGL: 27.88 Rim: 34.70 eHGL: 31.05 Rim: 35.23 HGL: 28.96 Rim: 34.48 Rim: 34.05 e - HGL: 29.73 HGL: 27.25 I� a Rim:34.64 HGL: 28.33 e HGL: 24.90 Rim: 32.07 Rim: 32.44 Rim: 33.13 iHGL: 25.96 HGL: 26.45 HGL: 26.75 - R- im: 33.30 HGL: 24.09 i y Rim: 35.00 HGL: 23.89 O Mallard Lake ;_7; Rim: 3-2.73 HGL: 29.30 Rim: 33.29 HGL: 29.30 Rim: 33.35 HGL: 26.,98 • *Rine, 34.00 HGL: 27.13 Rim: 34.46 HGL: 27.40 i Rim: 35.65 HGL: 28.87 Rim: 37.56 HGL: 29.17 Corbin Ln. Rim: 35.4 HGL: 33.26 Rim: 35 OHGL: 34.53 Rim: 35 OHGL: 33.06 Corbin Ln. Rim: 36.7 0 HGL: 33 Rim: 35 Tokay St. OHGL: 30.89 Rim: 36.6 Rim: 35.47 HGL:3127 HGL: 31.82 Rim: 34.43 OHGL: 31.23 Rim: 34.2 Rim: 34545 Rim: 34.6 OHGL: 31.21 HGL: 30.850 0 85DHGL: 30.32 '1 1 Q U a) Rim: 36.32 Rim: 36.1 Rim: 36.26 HGL: 32.78 HGL: 34.64 HGL: 35.96 Cochran Rd. 0 0 1 0 Rim: 35.37 Rim: 36.4 HGL: 32.4�HGL: 3272 o 0 -0 in Vinewood School d E ;2I Memorial West R Kramer Dr. Rim: 32.6 HGL: 29.95 0 Rim 32.88 OHGL: 30.66 u) :35 Rim: 32.7 Rim: 33.2 �J0HGL:30.04 OHGL:2.95 Rim:33.6 - °L2gne HGL: 29.78 Rim: 32.57 HGL: 30.13_. Cts Rim: 34.1 GL: 32.65 Rim: 34.2 OHGL: 33.95 0 ct Rim: 33.3 Rim HGL: 31.155HGL 0 0 Rim: 34.3 OHGL: 32.91 Vista Dr. 33.6 Rim: 34.5 Rim: 35.8 31.46 HGL: 31.73 HGL: 32.1 0 Rim: 3R8 HGL: 31.89 d W Rim: 34 Rim: 34.55 0 HGL:32.48 OHGL:33.08 _, Kent Av. Rim: 31.69 Rim: 32.1 H0GL: 29.040HGL: 28.88 Grenoble Dr: Rim: 34.54 OHGL: 30.61 Rim: 35.96 OHGL: 30.2 Rim: 33.8 Rim: 33 OHGL:30.17 HGL: 28.44 O Rim: 32.940 HGL: 29.77 Rim: 34 OHGL: 28.25 Rim: 34.35 Rim: 35 HGL: 27.99 HGL: 28.34 0._. °Rim: 34.9P HGL: 28.07 Rim: 32.74 Rim:33 HGL: 28.7bHGL: 28.57 Rim: 33.OD - HGL: 31.15 0 Rim: 33.1 OHGL: 28.89 Rim: 35.67 Rim: 34.68 HGL: 27.8 HGL: 29.93 0 Rim: 34.9' °Rim: 35.32 OHGL: 28.87 HGL: 30.33 Rim: 34.23 HGL: 30.89 a) na 13 w 2 Rim: 34.31 HGL: 27.66 0 _. J 6) N N Rim: 31.86 N Creekwood Dr. Rim: 34.7 OHGL: 30.95 Rim: 34d Bridgewood Dr.OHGL: 28.51 Rim: 34.48 Rim: 34.05 HGL: 29.45 HGL: 28.47 0 O Rim: 34.64 HGL: 28.63 0 Rim: 35.23 HGL: 28.81 0 HGL: 27.64 Rim: 32.07 Rim: 32.44 Rim: 33.13 0 0 HGL:27.9 OHGL: 28.10HGL:28.23 Rim: 31.35 Rim: 32.37 HGL: 27.85 HGL: 27.74 C I 0 Kettleman Ln. / Hwy. 12 Rim: 31.84 HHGL: 7.27v -Rim: 32.73 HGL: 29.18 0 -Rim: 33.29 HGL: 29.2 O Rim: 34 HGL--,28.41 Rim: 34.46 O Ring 3305 111HGL: 28.55 HGL: 28.34 0 Rim: 35.65 HGL: 28.86 0 Rim: 37.56 HGL: 29.01 0 Rim: 29.9 Rim: 32.78 Rim: 31.4�yHGL: 27.59 _ O HGL: 27.4 HGL: 26.26 0 V " Rim: 33.3 RHGL: 27.04 Y u) Rim: 35 0HGL: 26.74 9 CD J .- 0' O' s CO Mallard Lake z 0 1- 0 W Z W00 0 cncn ce W J W DC < w Q Q >- Z cn Q cn a m MQ W I- 0 J \Z 2 1- Legend • 2yr Vintners Storm Drain Manholes Storm Drain Lines On -Site SD Pipe S 1 inch = 500 feet jects\Vintners Square\Vintner Off -Site SD.mxd Corbin Ln. Rim: 35.40 j GL: 35.40 Rim: 36.70 0HGL: 34.85 Tokay St. Rim: 35.00 pHGL: 34.92_„ Rim: 36.60 GL: 35.83 Rim: 35.00 j GL: 35.00 Rim: 35.47 GL: 35.47 P Rim -5.00 1GL: 35.00 Rim: 35.37 Rim: 36.40 GL: 35.36HGL: 35.91 J-0 Rim: 34.43 GL: 43 im: 345 Rim: 34.60 HGL: 34.45 HGL: 33.54 Rim: 34. 0 GL: 34.20 -i3 °i: d Rim: 36.32 Cochran Rd. OHGL: 34.39 0Rim: 36:101 HGL: 35.90 0 J Memorial West Ali Rim: 32.60 ij GL: 32.60 Rim: 34.10 GL: 34.10 Kramer D Rim: 36.26 GL: 36.26 a Rim: 34.20 71iIGL: 34.20 Rim: 32.88 SGL: 32.88 Rim: 34.30 =GL: 34.30 Vista Dr. Rim: 32.70 GL: 32.70 Rim: 33.20 L GL: 33.20 im: 33.60 HGL: 33.60 Rim: 32.57 HGL: 32.57 Co/ogne ti: OR Rim: 33.30 Rim: 33.60 L:33. GL: 33.60 ,. Rim: 34.50 Rim: 35.80 HGL: 34.30 HGL: 35.12 ORim: 34%0 Vine St. HGL: 34.66 Rim: 34.00 Rim: 34.55 GL: 34.00 OGL: 34.55 Kent Av. Rim: 31.69 pHGL: 31.69 p im: 32.10 GL: 32.10 Rim: 33.80 Rim: 32.94 Rim: 33.00 HGL: 33.63phIGL: 32.940 HGL: 32.86 Rim: 33.OA -1• 33.J/ Rim: 32.74 Rim: 33.00 GHGL: 33.00 L.32. 4 Rim: 34.54 pHGL: 33.55 Rim: 35.96 pHGL: 32.69 Rim: 34.00 pHGL: 32.34 Rim: 33.10 p IGL: 33.10 Rim: 34.35 HGL: 31.61 0 1 ORim:34.9P HGL: 31.80 Rim HGL 0 35.67 Rim: 34.68 31.09 HGL: 32.99 Rim: 34.95 °Rim: 35.32 OHGL: 31.98 HGL: 33.18 Rim: 34.23 r HGL: 31.55 Creekwood Dr. Rim: 34.70 pHGL: 33.72 Rim: 34.00 Bridgewood Dr. HGL: 32.58 Rim: 34.31 HGL 30.74 Rim: 31.86 pHGL: 30.58 J as N N Rim: 32.07 pHGL: 31.20 Rim: 35.23 HGL: 33.18 0 Rim: 34.48 Rim: 34.05 HGL: 32.87 HGL: 32.48 O 0Rim:34.64 pHGL: 32.90 Rim: 32.44 Rim: 33.13 HGL: 31.690 HGL: 31.99 Rim: 31.35 Rim: 32.37 HGL: 31.33 HGL: 30.99 - 0- O O Kettleman Ln. / Hwy. 12 Rim: 29.90 Rim: 31. b11GL:29.90 HGL: 19..3 Rim: 31.84 HGL:29.63 ;_7;Rim: 32.73 +HGL: 31.58 yRim: 33.29 HGL: 31.58 Rim: 33.35 HGL: 32.24 O 0 Ririe' 34.00 HGL: 32.40 Rim: 34.46 11-1GL: 32.69 0 Rim: 35.65 HGL: 33.56 Rim: 37.56 HGL: 33.74 Rim: 33.30 HGL: 28.75 O Rim: 32.78 OHGL:30.10 -T,' Rim: 35.00 cHGL: 27.81 1 Mallard Lake' Legend • ■ 0 5yr PreVintners Flood Loc 5yr Vintners 5yr Vintners Flood Loc On -Site MH/CB selection Storm Drain Manholes Storm Drain Lines On -Site SD Pipe S 1 inch = 500 feet jects\Vintners Square\Vintner Off -Site SD.mxd EXHIBIT H BECKMAN PARK PUMP STATION OPERATION DIAGRAM DeBenedetti Park (G) * - Excluding Peterson Properties WID Canal Kofu Park (A1) 81 Ac -ft Req'd 41.5 Ac -ft Storage Up to 30 cfs during off peak Outfall Structure 40 cfs Beckman Pump Station `\,' Beckman North Pump Station as 16 cfs 16 cfs 16 cfs 6 cfs 6 cfs Slide Gate Beckman South Pump Station a a 24 cfs 16 cfs 16 cfs 6 cfs 1 Q Unknown Low Flow Below Elev 43 Flow through a weep hole in MH Sales Park (D) Pixley Park ( C) 128 Ac -ft Storage 220 Ac -ft Req'd 74 Ac -ft Storage 26 cfs 4 cfs BackuuWater Beckman Park (A2) 75 Ac -ft Req'd 60 Ac -ft Storage ( 41 40 39 ,29ax. cena/ W.5. 37.5 38 37 OUTFALL STRUCTURE HYDRAULICS - --. No .i.p. A ,-. t i N GRATING' (up NERD set; Oµ LLING SHIELD +U'CAMA5 1.2-ea4 CO NCRea.E IVAL r8 4N104BEMA GRATING SUPPORT__ A -SEE DE*ArL ABOVE v Pre fot.r/alt,�pY Pars/hail pl ,#2e (5e 5PDL/>/Ga'I°1028 for /nst471/otion praeedure) g /Jib?" if/e/I 01/.4. IC r areaw7 R5 cY- � 6r Nil aet i/s aae -¢9 OUTFALL STRUCTURE 5CP/6: 7 = �^• Gil", lntegro/ �v/{Juarc mrcrra7.9d rr7d iY� 47.1 /6vGN/J9 /7u/� /"+prg d qrC/P/GarI�W/t /a/5!iffi� to 3�6 c/ f y. 6/0/I r Sa.a 5, 0/4re for c/?r/t} . €7.0/ 1� ort so shr ,sfsya -,� SBc.C.r�pl❑'ry. oesry//s flO 5hY.' bpeA-WF/ (e pee,e-sl k� eS0d50. .SGB 3PCcr /apYf .15 Tye" Limn el"5ri11if/edi�a/AgSt. par fir! B�C Cts /s eGr 5 SECTION B - B k0. �pSi551tz A8Y'Tf, • Hu iY.t SECTION A - A ipr 5/ee/ Beam5� 5o&'M95 x.17%sc. DBtoi/s -sad Owl. 83097 Por B.rrae/ur'/*'orc5 Sae OEXHIBIT 1 f/a s- 3.9/ S-24.815 , ..u.... ,,S3,042,6•� CITY OF LODI PUBLIC WORKS DEPARTMENT BECKMAN PARK PUMP STATION REMODEL QUTPALI. STRUCTURE 0.13.7.0.0 •.w 09000/ 0.1 MITI 880047 caIraIcI POST nxo.o1.1.1.o SPPPf APPENDIX A Temporary Storm Drainage Basin Agreement WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 .:(1 DO. Si2005-291281 11/21/2005 09:19A Fee:25.00 Page 1 of 7 Recorded in Official Records County of San Joaquin GARY W. FREEMAN Assessor—Recorder-County Clerk 1/11/!!Paid by SHOWN ON DOCUMENT 1111111111111111//111////111111/1//11/11//1//11/ TEMPORARY STORM DRAINAGE BASIN AGREEMENT VINTNERS SQUARE (APN 027-420-01, 027-420-02, 027-420-03, 027-420-04, 027-420-05 027-420-06, 027-420-07, 027-420-11) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter "City", and GEWEKE FAMILY PARTNERSHIP, a California Limited Partnership, hereinafter "Developer" (collectively the "Parties"). RECITALS: WHEREAS, Developer filed a parcel map on September 23, 2003 in Book 22 of Parcel Maps, at Page 176 in the Office of the San Joaquin County Recorder, creating parcels APN 027-420-01, 027-420-02, 027-420-03, 027-420-04, 027-420-05, 027-420-06, 027-420-07, 027-420-11 for development of a commercial shopping center known as Vintners Square and APN 027-420-08, 027-420-09 and 027-420-10 for development of future residential subdivisions; and WHEREAS, Developer is the owner of those parcels known as APN 027-420-01, 027-420-02, 027-420-04, 027-420-05, 027-420-06, 027-420-08, 027-420-09, 027-420-10 and 027-420-11; and WHEREAS, public storm drainage facilities are not available to serve the shopping center and Developer is required, as a condition of approval of the aforementioned parcel map and in conformance with the Improvement Agreement for the Public Improvements of Vintners Square approved by the City Council on September 15, 2004, to provide privately owned and maintained storm drainage facilities, including a temporary storm drainage basin, until public storm drainage facilities become available to serve the Vintners Square shopping center site; and WHEREAS, the use of a temporary, privately owned, operated and maintained storm drainage basin to meet the storm drainage needs of the Vintners Square shopping center, as well as the parcels located at 1330 and 1380 Westgate Drive and 1333 S. Lower Sacramento Road (APN 027-420-10, 027-420-09 and 027-420-08, respectively), was approved by the City Council on September 15, 2004, on condition of the execution of this agreement; and WHEREAS, said temporary private storm drainage basin was constructed in conjunction with Building Permit No. B8853 issued for site preparation for the Vintners Square shopping center; and WHEREAS, provisions need to be made for the ongoing operation, maintenance, repair, replacement and ultimate removal of the private storm drain basin serving the Vintners Square shopping center and the parcels located at 1330 and 1380 Westgate Drive and 1333 S. Lower Sacramento Road; Page 1 of 5 K:\DEV_SERV\Developments\Commercial-Industrial\Vintners Square\SHOPPING\SDBasinMaintAgmt2.doc NOW THEREFORE, the Parties agree as follows: 1. Those parcels known as 1333, 1361, 1379, 1387 and 1389 S. Lower Sacramento Road (APN 027-420-08, 027-420-06, 027-420-05, 027-420-11 and 027-420-07, respectively), 2533, 2625, 2715 and 2745 W. Kettleman Lane (APN 027-420-04, 027-420-03, 027-420- 02 and 027-420-01 respectively) and 1330 and 1380 Westgate Drive (APN 027-420-10 and 027-420-09) as shown on Exhibit A, comprise the entire drainage service area to be served by the temporary storm drainage basin. Changes to the drainage service area or drainage basin configuration, if any, following execution of this Agreement require City Council approval. 2. All operation and maintenance activities related to the temporary storm drainage basin and appurtenant facilities shall be subject to and in conformance with Lodi Municipal Code, Chapter 13.14, Stormwater Management and Discharge Control. 3. No discharges from the temporary private storm drainage basin to the public storm drain system are allowed without prior approval by the Public Works Director or his designee. Developer shall notify the City when discharge from the basin is necessary or desired. Operation of discharge facilities (pumps, gates, etc.) shall be exclusively by City personnel at the direction of the Public Works Director or his designee. 4. Developer shall operate and maintain the temporary private storm drainage basin and appurtenant facilities at its sole cost and expense. Maintenance shall include, but is not limited to, dust control and the removal and disposal of accumulated silt, weeds and debris within the basin, maintenance of pumping facilities and maintenance of fencing, gates and access roads along the basin perimeter, all to the approval of City's Public Works Department. 5. Developer shall provide a $10,000 cash maintenance deposit. Reimbursement to the City for any expenses incurred by City in the performance of emergency or other maintenance work on the temporary storm drainage basin and appurtenant facilities due to Developer's failure to perform shall be provided from the cash maintenance deposit. Developer shall be required to make additional cash maintenance deposits as necessary to maintain a $10,000 balance. 6. Developer shall provide City's Public Works Department with a key to the gate on the basin fence for emergency access to the basin and provide the City with written emergency contact information (names, phone numbers, etc.). The Developer shall also post signs containing emergency contact information on the basin perimeter fence. 7. Developer shall continue operation and maintenance of the temporary private storm drainage basin until a permanent public storm drainage facility is constructed and operational. 8. Within one hundred eighty (180) days after written notice from the City that public storm drainage facilities are available, Developer shall remove the temporary storm drainage basin and all related facilities, compact and restore the basin site to its original or better condition and connect the on-site private drainage facilities to the public storm drain system, all to the approval of City's Public Works Department. 9. Developer shall provide the City with a copy of an executed shared use, maintenance and operation agreement for all parties served by the temporary private storm drainage basin. Page 2 of 5 K:\DEV_SERV\Developments\Commercial-Industrial\Vintners Square\SHOPPING\SDBasinMaintAgmt2.doc 10. Developer agrees to save, defend, indemnify and hold harmless the City, its officers, elected and appointed officials, agents and employees, from liability for injury or damage of any nature to persons or property resulting from Developer's construction, use, operation and maintenance of the private storm drain basin. 11. This Agreement shall run with the land and be binding on the Developer, its officers, directors, shareholders, successors and assigns. Prior to the sale, transfer or any other conveyance of the property, City Council approval is required and shall be obtained by Developer to allow assignment or transference of Developer's responsibilities under the terms of this agreement. 12. All correspondence to Developer shall be mailed to the following address: GEWEKE FAMILY PARTNERSHIP PO. &2X /2.10 L -00I , GA. x!52`1 Attention: SO Nit "r -A - 1242A 5 13. All correspondence to City shall be mailed to the following address: Public Works Director 221 West Pine Street P. 0. Box 3006 Lodi, CA 95241-1910 14. This Agreement constitutes the whole and only existing and binding agreement between the Parties hereto on the subject matter hereof, superseding all prior understandings, whether written or oral. Other than the representations expressly stated as such in this Agreement, there are no warranties, promises or representations of any kind, express or implied, upon which either Party has relied in entering into this Agreement, or as to the future relations or dealings of the Parties. 15. In the event either party to this Agreement breaches the terms, conditions and covenants of this Agreement, then, the prevailing party in any suit to enforce this Agreement or restrain the breach thereof, shall in addition to any other relief or damages awarded, be entitled to reasonable attorney's fees and all costs of suit to be set and determined by a court of competent jurisdiction and added to any judgment obtained by the prevailing party. 16. The provisions of this Agreement shall be governed by the laws of the State of California, including any action arising out of this Agreement. Venue for any action arising out of this Agreement shall be with the San Joaquin County Superior Court. 17. This Agreement shall be recorded in the office of the San Joaquin County Recorder, P. 0. Box 1968, Stockton, California, 95201-1968. 18. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she is a duly authorized representative of that entity with full power and authority to bind the entity to each term and condition thereof. Page 3 of 5 K:\DEV_SERV\Developments\Commercial-Industrial\Vintners Square\SHOPPING\SDBasinMaintAgmt2.doc IN WITNESS WHEREOF, the undersigned acknowledge that they have read and understand the foregoing Agreement. /4 36 Dated GEWEKE FFNERSHIP i By: CITY OF LODI, a Municipal Corporation (CORPORATE SEAL) to < Dated fy Clerk Dated APPROVED AS TO FORM: By: MP 1 , 41 11 Step =! . wa • a i Attorney Page 4 of 5 K:\DEV_SERV\Developments\Commercial-Industrial\Vintners Square\SHOPPING\SDBasinMaintAgmt2.doc F_XI�IIBIT A CITYOF LI TEMPORARY STORM DRAINAGE BASIN PUBLIC WORKS DEPARTMENT VINTNER'S SQUARE AGREEMENT (NOB 0J.N3141VEIOVS HEMO1 r 6 b I 1 11 I I 1 W 1 1.., OCC L 11 -1 E'3•t1•d ,OZ 1 —,Ott -tr L L OZ1b LZO Ndd LOC L--? 6LCl—''� r ,9“09 .9s•Z9s 3.$t,90.00N 68CL --1 41i/7'7 -Fe i/7'7- Eg'Z9! I ,,. •N V ',SI .0V9-.-1 0t•9 bV' w Y W w . ivv W m<;4 a d al a 11 —�1 T 1 N 1 : . i 1'; I I N I N 1 Q 0 b N'U N�< Oar a1 v & -14 7- ,41Z W i Z .00•S1-1 I' I © •311'd ,Z1-1 Nwt �9.2.1 r— — CNI O 8� .3Y1•d •Ztr- 60 OZb LZO NdV acm 09C II 'N aN L ,tZ'fiZ9 3AkJU 31VOES3M t-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 13 Date fore me, ss. v, • Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared DIANE D. WOODS Commission # 1378215 Notary Public - California Son Joaquin County My Comm. Expires Oct 5.2W6 Name(s) of Signer(s) r9ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(p whose name is/etra subscribed to the within instrum nt and acknowledged to me that he/Kie/y executed the same in his/tPO"/t?s# authorized capacity(lp), and that by his/rterlt{ 'fr signature( -on the instrument the personte, or the entity upon behalf of which the person(i;P acted, executed the instrument. ITNESSmy hand and o s Signature of Notary Public al. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 RIGHT TH OF SI PRINT R Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 yJ'"�"../�".l./'"•.�"1../..�,.i".�'l../.r/'1.../'..�..i._/./../1..�'1...�../-.1../"1�"../�/J./✓./../lf1../.-/✓ll../.J-/1-/.-/.../�/./�".-.^�/`lJ'../...�../.�.�'../...�l._/-./...��'� State of CA i car n a County of53.1-1 \SOGc{w (n On Mole. 31, aOOS before me, cqtko_ki f.l2� L. 10,1 or ►Ucs'ar� NAME, TITLE OF OFFICE F$ - E.G., "MANE DOE, NOTPRY PUBLIC" DATE personally appeared Xpersonally known to me a\R1r' • NAME(S) OF SIGNER(S) JACQUELINE L. TAYLOR Commission # 1352614 Notary Public - California San Joaquin County My Comm. Expires Apr 24, 2G08 to be the person(X) whose name(.) is/(e subscribed to the within instrument and ac- knowledged to me that he/0e/104 executed the same in his/l/tlyr authorized capacity(i)4), and that by his/her/tb�'ir signature(] on the instrument the person, or the entity upon behalf of which the person(' acted, executed the instrument. ESS my hand and official seal. SIGNATURE OF OPTIO L Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER n INDIVIDUAL 0 CORPORATE OFFICER C PARTNER(S) Ma g TITLE(S) _ LIMITED fl GENERAL Li ATTORNEY-IN-FACT �I TRUSTEE(S) It GUARDIAN/CONSERVATOR n OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) C► i -y o F Lod; CA - DESCRIPTION OF (A�TT-ACHEDD DOCUMENT 1Q Sk-Qr t r�` /O a.1 t 0. v 1 *n0[S uaf TITLE OR T PE OF DOCUMENT 5 NUMBER OF PAGES DATE OF DOCUMENT rt I Ge_Lu cQ,J SIGNER(S)THER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of THE VINE, UNIT NO. 1 AT VINTNERS SQUARE TRACT NO. 3865 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal corporation, hereinafter referred to as "City", and VINTNER SQUARE, LLC, a California Limited Liability Company, hereinafter referred to as "Developer". RECITALS WHEREAS, Developer has presented to City for approval a final subdivision map based on the Vesting Tentative Map approved by the Lodi Planning Commission on August 26, 2015, pursuant to Resolution No. 2015-16), entitled "The Vine, Unit No. 1 at Vintners Square" hereinafter called "Map". The Map was filed with the Public Works Director for presentation to the City Council for approval, and ishereby referred to and incorporated herein; WHEREAS, Developer has requested approval of the improvement plans (Plan Set D175) prior to the final approval of the Map. The public improvement plans include all streets, highways or public ways and public utility facilities which are located within Taylor Road, Lower Sacramento Road and Westgate Drive street right-of-ways; and a public water main and fire hydrants located in the private streets within the subdivision serving Lots 1-33 and Lots A and B, a part of, or appurtenant to, the subdivision (The Vine, Unit No.1) as shown on Exhibit A, by this reference made a part hereof, 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; WHEREAS, City Council will adopt a resolution approving the Map and accepting the dedications therein offered at a later date on condition that the real property described in the Map shall be annexed into the Community Facilities District (CFD) No. 2007-1 and that Developer first enters into and executes this Agreement with City and meets the requirements of said resolution; and WHEREAS, 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). OPERATIVE PROVISIONS 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 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, Plan Set D175, 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 standards should be ordered early in the project schedule to avoid delay in acceptance of the public improvements by the City; J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc (rev. 7/15/2016) B. Natural gas line installation; C. Telephone line installation; D. Electrical system; E. Cable television system; and F. Undergrounding the AT&T and Comcast facilities on the south side of Taylor Road from Lower Sacramento Road to Westgate Drive. Developer shall provide a security to the City for the total cost of the said work, including the replacement value of the landscape elements which will be disturbed with the undergrounding work. The term of the security shall be 36 months. The City may use the security to perform the undergrounding work if the work is not performed by the Developer no later than 24 months after the execution of this Agreement. The security amount for the undergrounding work under this Secion 1.F. is determined to be $242,500.00. G. Developer will install landscape areas along Taylor Road, Westgate Drive and Lower Sacramento Road. Following City's acceptance of the landscape improvements, Developer will be required to maintain the landscaping for two (2) years. 2. Development Changes. 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 Map by 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 B 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. 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 additional fee must be paid prior to project acceptance; C. Two one -inch water meters for the irrigation services; and D. Storm drain system modification as outlined in the Vintners Square Development Storm Water Analysis. Developer shall reimburse the City for any additional cost associated with the said storm drain system modification/upgrade. City shall refund any unused money to Developer when the system upgrade is completed. 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 wastewater and electrical facilities are required for this project. Payment of the Development Impact Mitigation Fees shall be collected prior J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc 2 (rev. 7/15/2016) to issuance of Certificate of Occupancy for each dwelling. All other Development Impact Mitigation Fees were paid at the time the map for the Vintner's Square Shopping Center was recorded. In conformance with LMC Section 15.64.050, the fees are automatically adjusted on January 1st 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. Homeowners Association. The subdivision will be governed by a Homeowners Association (HOA) organized and established pursuant to California law. The Developer shall provide the HOA's proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to the Community Development Department for review and approval prior to recordation of the final map. The CC&Rs shall contain appropriate mechanisms for the permanent ongoing maintenance of areas, including but not limited to the private storm drain system, private sewer system, curb, gutter, sidewalk, street pavement, street lights, common landscaping, shared exterior walls and treatments and shared drives. The CC&Rs shall include appropriate mechanisms to assess and collect assessments for said maintenance and the ability to enforce adherence to the CC&Rs. The CC&Rs shall clearly provide that each homeowner is responsible for compliance with the CC&Rs and also responsible and liable for their renter's violations of the CC&Rs. The CC&Rs shall address guest parking and garbage pick-up (i.e., when and how long trash bins can be on the street). Following approval of the CC&Rs by the Community Development Department, the CC&Rs shall be recorded prior to or concurrent with the final map. The CC&Rs shall require Developer to fund its share of the maintenance obligations related to the lots it has not sold on a pro rata basis. 6. Private Utilities. The Developer shall notify all purchasers of homes or lots, either through the Department of Real Estate Subdivision Report or, if there is no Subdivision Report, through a statement signed by each buyer and submitted to the City, that this subdivision is served by private sewer and storm drain facilities to be owned, operated, and maintained under the sole direction of a private Homeowners Association. The wording and format for notifying home buyers under this Paragraph 6 is subject to approval by the Community Development Director. 7. Reimbursement from Others. Developer may be eligible for reimbursement from others for the cost of certain off-site public improvements that benefit other properties. It is Developer's responsibility to request reimbursement and submit the appropriate information per LMC Section 17.40. 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 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. Developer is required to provide all-weather access to Lower Sacramento Road or Westgate Drive for the residences located on the north side of Taylor Road at all time except during critical construction operations with the approval of the Public Works Director. Contractor shall not commence reconstruction of Taylor Road in the months of November through February in anticipation of rainy and cold weather unless approved by the Public Works Director. J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc 3 (rev. 7/15/2016) 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 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 extension. 10. Record Drawings and Certifications. Prior to acceptance of the Project public improvements, Developer shall have installed and in place all survey monuments as shown on the Map and provided record drawings and certifications as described in the City of Lodi Public Improvement 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 all fees and taxes required by law. 12. Superintendence by Developer. Developer shall 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. 13. 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 site. Inspections will be provided during normal working hours. 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. 14. Contract Security. Concurrently with the execution of this Agreement, Developer shall furnish: (1) Faithful Performance. Improvement Security of at least 100% of the estimated cost of public improvements plus deferred fees and engineering costs of surveying, record drawings and certifications as security for the faithful performance of this Agreement; and (ii) Labor and Materials. An amount equal to at least 100% 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: Faithful Performance $ 922,200.00 Labor and Materials $ 922,200.00 Such security may be provided by a letter of credit in favor of City. Upon completion of the Project, such security shall be returned to Developer (i.e., the letter of credit may be extinguished) following the completion of the Project and acceptance of the Project by City. 15. Warranty Security Prior to acceptance of the Project public improvements by City, Developer shall furnish Warranty Security of at least 10% of the total cost of the Project public improvements as J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc 4 (rev 7/15/2016) security for repair or replacement of defective work under Paragraph 20 of this Agreement. The warranty period shall be two (2) years following the date of acceptance of the improvements. If 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 Project. 16. Hold -Harmless Agreement. 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 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 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 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 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. 17. 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. 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 project J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL doc 5 (rev. 7/15/2016) 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 Injury - 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 Injury - Each Person $5,000,000 Bodily Injury - 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 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. 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 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. 18. Evidence of Insurance. Developer shall furnish City, concurrently with the execution hereof, with satisfactory evidence of the insurance required by Paragraph 17 of this Agreement and evidence that J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc 6 (rev. 7/15/2016) 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. 19. 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. 20. Repair or Reconstruction of Defective Work. If, 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 Bypass 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 Project 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, 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 removal or repairs. Developer, Developer's contractor 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. If 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, and/or 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. J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc 7 (rev. 7/15/2016) 23. 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 (as set forth in 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 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 under this Agreement, shall be the absolute responsibility and liability of Developer. In other words, it shall be Developer's responsibility to pay for damage to existing improvements and public or private utilities within the Project. 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 Occupancy. 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. If 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 City. 26. Developer Not Agent of City. 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. 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 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. Developer shall have a period of ten (10) business days from the receipt of such notice to cure such breach or default, or, in the event such breach or default takes in exess of ten (10) business days to cure, to commence such cure and diligently prosecute such cure to completion. City shall not exercise any remedies unless Developer fails to cure such breach or default within the ten (10) business day period. 28. Breach of Aoreernent:. Performance by Surely or City. In the event Developer fails to cure such default pursuant to Paragraph 27 above, 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 (5) 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 (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 J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc 8 (rev. 7/15/2016) 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 and other communications herein required or permitted 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 pre -paid, 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: Charles E. Swimley, Jr. 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: Vintner Square, LLC 3255 West March Lane, Suite 400 Stockton, CA 95219 Attention: Chris Conklin Notices required to be given to Developer's agent shall be addressed as follows: Notices required to be given to surety shall be addressed as follows: 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. J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc 9 (rev 7/15/2016) 30. Authority. The undersigned hereby represent and warrant that they are authorized by the parties they purport to represent to execute this Agreement. In Witness Whereof, Developer and City have caused their names to be hereunto affixed and the City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers thereunto duly authorized. Date CITY OF LODI, a municipal corporation VINTNER SQUARE, LLC A California limited liability company By: Grupe Investment Company, Inc. a California corporation It's Managing Member Name: Title (CORPORATE SEAL) By: Stephen Schwabauer, City Manager Date ATTEST: Jennifer M. Ferraiolo City Clerk Date APPROVED AS TO FORM Janice D. Magdich, City Attorney J:\CA\CITY\Contracts\PUBLIC WORKS\Vintners Square\improvement agreement Rev2_Vine-FINAL.doc (rev 7/15/2016) 10 mcg 027-050-03 027-060-03 027-060-43 - r 1 0 027-060-10 � I � 027-060-121 027-060-131. 1 1 1 i r i 027-060-42 027-060-27 627-060-291 027-060-35 027-050-10 0 a TAYLOR ROAD 36 it 1 CHAR736NATUREV LANE FU 53 54 55 6 57 027-420-09 A 29 30 tk\ 31 1EE z5 zEE 33 32 25 28 27 TAYLOR ROAD 18 19 26 x 1"! 20 24 23 22 21 CHARDONNAY LANE (PRIVATE) 14 17 16 15 13 2 3 5 6 10 11 VINTNERS SQUARE SHOPPING CENTER 027-420-07 J 027-420-06 LOWER SACRAMENTO ROAD UNIT NO. 1 SUBDIVISION MAP EXHIBIT A DATE: JUNE, 2016 THE VINE AT VINTNERS SQUARE TAYLOR ROAD AT LOWER SACRAMENTO ROAD LODI, CA 75 150 ENGINEERING wm MCR ENGINEERING, INC. 1242 DUPONT COURT MANTECA , CA 95336 TEL : ( 209) 239 - 6229 FAX : ( 209 ) 239 - 8839 City of Lodi Publics Works Department COST ESTIMATE FOR IMPROVEMENT SECURITY Development' The Vine, Unit No 1 Developer: Vintner Square, LLC. Engineer: MCR Engineering TOTAL COST OF PROJECT IMPROVEMENTS A. DEVELOPER COST tem Description Quantity Unit Price -1-ctat Quantity Total Street System 1 Demolition 1 LS $5,000.00 $5,000 00 1 $5,000 00 2 Site Clearing & Grubbing 1,563 LS $25 00 $39,075.00 1,563 $39,075.00 3 Taylor Road (5" AC/10" AB) 33,773 SF 4.30 145,223.90 33,773 145,223.90 4 Rural Driveway 13 EA 1,911.00 24,843.00 13 24,843.00 5 6" Vertical Curb & Gutter 1,073 LF 28.00 30,044.00 1,073 30,044.00 6 Sidewalk 5,541 SF 7 00 38,787.00 5,541 38,787.00 7 Curb Returns with Ramp 2 EA 3,185.00 6,370.00 2 6,370 00 8 Concrete Driveway Apron © Entry 1 LS 6,369.00 6,369.00 1 6,369 00 9 Centerline Monuments 1 EA 764 00 764.00 1 764.00 10 Street Light 7 EA 3,185.00 22,295.00 7 22,295 00 11 Striping & Signage 1 LS 6,000.00 6,000.00 1 6,000.00 12 6' Masonry Wall 860 LF 127.00 109,220.00 860 109,220.00 13 Landscape & Irrigation 6,573 SF 13.00 85,449.00 6,573 85,449.00 Subtotal $519,439.90 Subtotal $519,439.90 Storm Drain System 1 12" Storm Drain Pipe (PVC) 71 LF $45 00 $3,195.00 71 $3,195.00 2 15" Storm Drain Pipe (PVC) 498 LF 57.00 28,386.00 498 28,386.00 3 24" Storrn Drain Pipe (RCP) 32 LF 83.00 2,656.00 32 2,656.00 4 30" Storrn Drain Pipe (RCP) 709 LF 89.00 63,101.00 709 63,101.00 5 36" Storm Drain Pipe (RCP) 10 LF 102.00 1,020.00 10 1,020.00 6 48" Storrn Drain Manhole 5 EA 3,822.00 19,110.00 5 19,110.00 7 Side Inlet Catch Basin 3 EA 2,548.00 7,644.00 3 7,644.00 8 Drop lnletCatch Basin 1 EA 1,911 00 1,91100 1 1,911.00 9 Plug & Fill Ex Pipe 2 EA 1,200.00 2,400.00 2 2,400 00 10 Connect to Existing 2 EA 6,369.00 12,738.00 2 12,738 00 11 Stub & Plug 1 EA 1,200.00 1,200.00 1 1,200.00 Subtotal $143,361.00 Subtotal $143,361.00 Acres: 5.26 Date: 6/29/16 Lots: 33 B COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER Quantity Total $0.00 $0.00 0 00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0 00 0.00 Subtotal Street System 50 00 10% Engineering & Administration 0.00 Total Street System $0.00 Subtotal Storm Drain System 10% Engineering & Administration Total Storm Drain System 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 0.00 $0 00 EXHIBIT B TOTAL COST OF PROJECT IMPROVEMENTS A DEVELOPER COST B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER Item Description Quantity Unit Price Total Quantity Total Sanitary Sewer System 1 8" Sanitary Sewer Pipe 565 LF $28.00 $15,820.00 565 $15,820.00 2 10" Sanitary Sewer Pipe 725 LF $32.00 $23,200.00 725 $23,200.00 3 Connect to Existing Sewer 2 EA 6,369.00 12,738.00 2 12,738.00 4 Sanitary Sewer Manhole 4 EA 3,185.00 12,740.00 4 12,740.00 5 Temporary Stub & Plug 1 EA 1,500.00 1,500.00 1 1,500.00 6 Remove Portion of Ex Sewer 1 LS 1,500.00 1,500.00 1 1,500.00 Subtotal $67,498.00 Subtotal $67,498.00 Water System 1 6" Water Pipe (PVC) 130 LF $38 00 $4,940 00 130 $4,940.00 2 8" Water Pipe (PVC) 1.146 LF $51.00 $58,446.00 1,146 $58,446.00 3 Removal of 6" and 10" Gate Valve 5 EA $1,000.00 $5,000.00 5 $5,000.00 4 6" Gate Valve 1 EA $1,274.00 $1,274.00 1 $1,274.00 5 8" Gate Valve 6 EA $1,529.00 $9,174.00 6 $9,174 00 6 10" Gate Valve 1 EA 1,911.00 1,911 00 1 1,911 00 7 Fire Hydrant Assembly 6 EA 3,822.00 22,932.00 6 22,932.00 8 Blowoff 3 EA 1,529.00 4,587.00 3 4,587.00 9 1" Water Service w/Meter Box 33 EA 955 00 31,515.00 33 31,515.00 10 1" Irrigation Service 1 EA 1,500 00 1,500.00 1 1,500.00 11 6" Irrigation Sleeve 180 LF 35.00 6,300.00 180 6,300.00 12 Sampling Station 1 EA 3,500 00 3,500.00 1 3,500.00 13 Connect to Exist. Water Stubs 1 EA 6,369.00 6,369.00 1 6,369.00 14 Connect to Exist Water 1 EA 6,369.00 6,369.00 1 6,369.00 Subtotal $163,817.00 Subtotal $163,817.00 Total 8894,115.90 Total $894,115.90 Total Construction Cost Subject to Engineering Fee Calculation (A. Developer Cost) Construction Engineering & Staking @ 3% ± As -built Plans & Certifications TOTAL COST FOR ENGINEERING FEE CALCULATION TOTAL IMPROVEMENT SECURITY AMOUNTS: Faithful Performance: 100% of A & B Labor & Materials: 100% of A & B AT&T Underground Facility Bond $922,200.00 $922,200.00 $242,500.00 $894,115.90 $26,884.10 $1,200.00 A. Total $922,200.00 Quantity Total $0.00 $0.00 0.00 0.00 0.00 0.00 Subtotal Sanitary Sewer System $0.00 10% Engineering & Administration 0.00 Total Sanitary Sewer System $0 00 o $0 00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1 0.00 6 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 Subtotal Water System $0 00 10% Engineering & Administration 0.00 Total Water System $0.00 B. Total $0.00 BILLING SCHEDULE Developmen The Vine, Unit No. 1 Gross Acreage: 5.26 Developer: VINTNER SQUARE. LLC No. of Units: 33 Engineer: MCR Engineering Date: 6/29/16 Engineer Estimate $922,200.00 DEVELOPER COST CREDITS ENGINEERING Engineering Fee (5% of $100,000) (1001.6121) $ 5,000.00 (3.5% of $200,000) (1001.6121) 7,000.00 (2.5% of $622,200) (1001.6121) 15,555.00 Inspection Fee (4% of $250,000) (1001.6104) 10,000.00 (3.5% of $672,200) (1001.6104) 23,527.00 (3% of $0) (1001.6104) 0.00 Improvement Agreement Fee (1001.6121) 2,048.00 Engineering Fee Paid ENGINEERING SUBTOTAL (1001.6121) $ 41,261.00 $ 63,130.00 $ 41,261.00 STREET SYSTEM Fees: Storm Water Inspection Fees (1001.6121) 1 LS @ $ 3,760.00 $3,760.00 24 months Charges for work by City Forces: Seal Coat (1001.5411.4) 33,373 SF @ $ 0.08 $2,669.84 STREET SYSTEM SUBTOTAL $6,429.84 $0.00 SEWER SYSTEM Fees: Charges for Work by City Forces: TV Inspection (1701.6525) 1,290 LF @ $ 1.50 1,935.00 Pipe Cleaning Deposit (1701.6525) 1,290 LF @ $ 3.00 3,870.00 The money is for cleaning the pipe for construction material deposit in the public sewer main during house construction period. Any unused money will be refunded if cleaning is proven not necessary With 90% built out of the houses. SEWER SYSTEM SUBTOTAL STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection STORM DRAIN SYSTEM SUBTOTAL WATER SYSTEM (1701.6525) 1,361 LF @ $ 1.50 $5,805.00 $0.00 2,041.50 $2,041.50 Charges for Work by City Forces: 1" Meter for Irrigation System (1801.6522) 2 EA @ $ 350.00 700.00 WATER SYSTEM SUBTOTAL $700.00 gLECTR1CA1. SYSTEM To be billed separately by Electric Utility Department $0.00 $0.00 SUBTOTAL AMOUNT OF BILLING SCHEDULE DEVELOPER COST CREDITS $78,106.34 $41,261.00 $36,845.34 DEFERRED OEVELOPMEN F IMPACT MITIGATION FEE$ IMPACT FEES (EXCEPT FOR WASTEWATER AND ELETRIC) HAS BEEN PAID WITH VINTNERS SQUARE DEVELOPMENT REMAINING FEES SHALL BE BILLED SEPARATELY AND TO BE PAID AT CERTIFICATE OF OCCUPANCY FOR EACH DWELLING UNIT Storm Drainage Improvement Reimbursement (Estimated) Reimbursement for storm drain system modification as outlined in the Vintners Square Development Storm Water Analysis Outfall Upgrade ($60,000), SCADA Upgrade ($100,000) $160,000.00 (1701.6525) Abandonment of the temporary Storm Drain Connection at Taylor and Westgate $2,000.00 (1701.6525) Cost for the connection abandonment when F3 Basin is available TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $198,845.34 2 RESOLUTION NO. 2016-138 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE IMPROVEMENT AGREEMENT FOR THE VINE AT VINTNER'S SQUARE SUBDIVISION, UNIT NO. 1, TRACT NO. 3865 WHEREAS, The Vine Subdivision is bounded by Lower Sacramento Road, Taylor Road, Westgate Drive, and the northerly property line of the Vintner's Square Shopping Center; and WHEREAS, the gated development consists of 57 single-family residential lots; however, the developer, The Grupe Company has elected to construct Unit No. 1 of this two -unit development; and WHEREAS, the improvements, both public and private, to be constructed in Unit No. 1 consist of 33 single-family residential lots; and WHEREAS, the project includes the installation of all interior subdivision frontage improvements, along with street improvements on Taylor Road from Lower Sacramento Road to Westgate Drive; and WHEREAS, the improvements along Taylor Road consist of masonry wall; curb, gutter and sidewalk; landscape and irrigation; street lights; and full -width asphalt concrete pavement that conforms to existing driveways on the north side; and WHEREAS, underground utilities, including water mains, storm drain pipes, and wastewater pipes, will also be installed to serve the subdivision; and WHEREAS, the developer has furnished the City with the improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed subdivision; and WHEREAS, staff recommends authorizing the City Manager to execute the Improvement Agreement for The Vine at Vintner's Square Subdivision, Unit No. 1, Tract No. 3865. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Improvement Agreement for The Vine at Vintner's Square Subdivision, Unit No. 1, Tract No. 3865. Dated: July 20, 2016 I hereby certify that Resolution No. 2016-138 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 20, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None J JNIFER FERRAIOLO City Clerk 2016-138