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HomeMy WebLinkAboutAgenda Report - October 19, 2016 C-07TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C- 7 AGENDA TITLE: Adopt Resolution Accepting Lodi Shopping Center Public Improvements; Receiving Dedication of Real Property known as 1-2 Storm Drain Basin (APN 058-03-018) and All Associated Offsite Public Improvements; Amending Traffic Resolution No. 97-148 by Approving Through Street on Westgate Drive from Kettleman Lane to the South Boundary of the Lodi Shopping Center; and Further Approving No -Parking Zones on the West Side of Lower Sacramento Road from Kettleman Lane to South Boundary of the Lodi Shopping Center and Appropriating Funds ($252,763) MEETING DATE: PREPARED BY: October 19, 2016 Public Works Director RECOMMENDED ACTION: Adopt resolution accepting Lodi Shopping Center public improvements; receiving dedication of real property known as 1-2 Storm Drain Basin (APN 058-03-018) and all associated offsite public improvements; amending Traffic Resolution No. 97-148 by approving through street on Westgate Drive from Kettleman Lane to the south boundary of the Lodi Shopping Center; and further approving no -parking zones on the west side of Lower Sacramento Road from Kettleman Lane to South Boundary of the Lodi Shopping Center and appropriating funds in the amount of $252,763. BACKGROUND INFORMATION: Lodi Shopping Center is located at the southwest corner of the Kettleman Lane/Lower Sacramento Road intersection, as shown on Exhibit A. The public improvements at Lodi Shopping Center have been completed in substantial conformance with the requirements of the Improvement Agreement between the City of Lodi, Walmart Real Estate Business Trust, and BDC Lodi 111, L.P., approved by City Council on June 3, 2015. The public improvements include street widening on Lower Sacramento Road and Kettleman Lane, construction of Westgate Drive along the west project boundary from Kettleman Lane to the south boundary of the Lodi Shopping Center, modification of the southeast leg of the existing traffic signal at Kettleman Lane and Westgate Drive, installation of a new traffic signal on Lower Sacramento Road to provide signalized access to the project and Food 4 Less driveway, and the extension of public utilities in Lower Sacramento Road, Westgate Drive, and along the south boundary of the Lodi Shopping Center between Lower Sacramento Road and Westgate Drive. The streets to be accepted are as follows: Streets Length in Miles Lower Sacramento Road* 0.00 Kettleman Lane* 0.00 Westgate Drive 0.24 Total New Miles of City Streets 0.24 *The street dedication for Kettleman Lane and Lower Sacramento Road consists of minor pavement widening, landscape and irrigation improvements in an existing street right-of-way and did not add additional miles to the City's street system. Walmart Real Estate Business Trust, and BDC Lodi III, L.P. (collectively, Developer) was required to dedicate and construct the 1-2 Basin facility located west of Lower Sacramento Road (Exhibit B) and all associated offsite APPROV D: K:\W P\DEV_SERV\DevelopmenlslCommercia}-IndustriallLo „ Stephen Schwabauer, City Mnager o• ng Center\improvement agreement\final\CAccept.doc 10/7/16 Adopt Resolution Accepting Lodi Shopping Center Public Improvements; Receiving Dedication of Real Property known as 1-2 Storm Drain Basin (APN 058-03-018) and All Associated Offsite Public Improvements; Amending Traffic Resolution No. 97-148 by Approving Through Street on Westgate Drive from Kettleman Lane to the South Boundary of the Lodi Shopping Center; and Further Approving No -Parking Zones on the West Side of Lower Sacramento Road from Kettleman Lane to South Boundary of the Lodi Shopping Center, and Appropriating Funds ($252,763) October 19, 2016 Page 2 public improvements to accommodate storm drainage from the new development. The construction of the basin facility is complete. The developer realigned the domestic outfall pipeline and the industrial waste outfall pipeline between Lower Sacramento Road and Westgate Drive along the southern boundary of the development, and extended the domestic outfall south along the future alignment of Westgate Drive to its intersection with the existing domestic outfall pipelines as shown on Exhibit B. The City agreed to fund the pipeline material cost (excluding installation) of $252,763 for both pipelines. The public improvements installed by this project will be maintained by the City. As a condition of acceptance, the developer is obligated to warranty all public improvements for a period of two years after the date of acceptance by City Council, and execute the attached Agreement for Maintenance of Private Improvements (Exhibit C). The agreement transfers the landscape maintenance obligation from the City to the Developer for that portion of State Route Highway 12 that lies adjacent to the Lodi Shopping Center including the landscape median. An amended billing schedule (Exhibit D) reflects the adjusted pipe material reimbursement ($252,763) and the adjusted amounts owed ($6,873.62) to satisfy the Developer's obligation to pay for their share of existing improvements that were constructed by others. The pipe material reimbursement requires an appropriation from the wastewater fund in the amount of $252,763. The final amount due to the Developer is $245,889.91. Staff recommends Council adopt a resolution amending Traffic Resolution No. 97-148, by approving through street on Westgate Drive from Kettleman Lane to the south boundary of the Lodi Shopping Center. In addition, Staff recommends no -parking zones on the west side of Lower Sacramento Road from Kettleman Lane to the south boundary of the Lodi Shopping Center (Exhibit E). In accordance with Resolution No. 2009-58, the Developer shall invest an aggregate value, (minimum of $700,000) within the Lodi Downtown area, as defined by the Community Development Director. The investment may be in form of construction, rehabilitation, acquisition, tenant improvements, and/or other improvements. The downtown investment shall be funded no later than seven and a half years from the issuance of the final certificate of occupancy of the Walmart store. FISCAL IMPACT: There will be an increase in long term maintenance costs for public infrastructure and City services such as police and fire services. FUNDING AVAILABLE: Requested appropriation: Wastewater Capital Fund (531) - $252,763 G{� Jordan Ayers Deputy City Manager/Internal Services Director CharleE ws5 Briley, Jr. Public Works Director Prepared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/tdb Attachments cc: City Attorney Magdich Senior Engineering Technician Wiman Assistant Engineer Sobin Public Works Management Analyst Walmart Real Estate Business Trust Browman Development Company Gresham Savage Nolan & Tilden K:\WP\DEV_SERV\Developments\Commercial-Industrial\Lodi Shopping Center\improvement agreement\final\CAccept.doc 10/7/16 Exhibit A VVESTGATE DR — Y- 1-1 •0 111 i-' j�1jjI �}I ,1 R,Fs LY ` I J-1=1 r.Gita I� r 4 O a o 0 0 0 4 o p p 0 0 0 0 ' G— O O 0 o o O 0 I' o O , I O O I a h-41 lo >co O 0 o a � 11 11 Q[1+I.1 14) 0 0 �a. ,6: 4 0 r5,9-t j ..7N.1E. i gg-agggggg :88818§o 08 .OI>JSIO ONIddOHS I I t I I m$ O/@ :MSt.WI.SFO n J PRELIMINARY SITE PLAN LODI SHOPPING CENTER !{ETTIEHMI LlX! i LOWER IACRAME MTC II DAD LODI, CA VP A IRAI RSC ENGINEERING ■._ BROWMAN DEVELOPMENT COMPANY, INC. ea 1 0 m Kettleman Ln / Hwy 12 1.1 LODI SHOPPING CENTER PIPELINE EASEMENT 1-2 BASIN DEDICATION 0.00// agir Lower Sacramento Rd. Century Blvd. EXHIBIT B 1-2 STORM DRAIN BASIN LOCATION MAP s 1 inch = 400 feet Path: K:\WP\DEV_SERV\Developments\Commercial-Industrial\Lodi Shopping Center\improvement agreement\final\C_Exhibit_B.mxd WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 Lodi, California Store No. 1789-03 AGREEMENT FOR MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN STATE HIGHWAY RIGHT OF WAY ALONG STATE ROUTE 12 FRONTAGE OF THE LODI SHOPPING CENTER DEVELOPMENT (APNs 058-030-19, 058-030-20, 058-030-21, 058-030-22, 058-030-23, 058-030-24) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal corporation ("City"), and Walmart Real Estate Business Trust and BDC Lodi III, a California limited partnership (collectively "Developer"), collectively "Parties". RECITALS: WHEREAS, BDC Lodi III recorded a parcel map for on August 28, 2015 in Book 26 of Parcel Maps, at Page 29 in the Office of the San Joaquin County Recorder, creating Assessor's Parcel Numbers 058-030-12, 058-030-19, 058-030-20, 058-030-21, 058-030-22, 058-030-23, 058-030-24, 058-030-25, 058-030-26, 058-030-27, 058-030-28, and 058-030-29, to develop a commercial shopping center known as LODI SHOPPING CENTER located south of State Route 12 (Kettleman Lane) and west of Lower Sacramento Road, in the City of Lodi; and WHEREAS, BDC Lodi III is the owner of those parcels known as APNs 058-030-19, 058- 030-20, 058-030-21, 058-030-22, 058-030-23, 058-030-24, 058-030-25, 058-030-26, 058- 030-27, 058-030-28, and 058-030-29; and WHEREAS, Walmart Real Estate Business Trust is the owner of APN 058-030-12, located with the LODI SHOPPING CENTER; and WHEREAS, the Developer is required as a condition of development for the commercial shopping center, to install and maintain private landscape and irrigation improvements along the State Route 12 frontage of the LODI SHOPPING CENTER development (impacting APNs 058-030-19, 058-030-20, 058-030-21, 058-030-22, 058-030-23, and 058-030-24); and WHEREAS, a portion of the required landscape and irrigation improvements will encroach into the State Route 12 right-of-way; and WHEREAS, an encroachment permit must be obtained from the State of California Department of Transportation ("Caltrans"), to allow the installation and maintenance of the encroaching improvements; and 1 Landscape Maintenance Agreement 003 W2060-Lodi_CA;_Store_#1 789-03 - 2555518 1 WHEREAS, the Caltrans has required that the City obtain the encroachment permit and execute an Agreement for maintenance of the encroaching improvements; NOW THEREFORE, the Parties agree as follows: 1. City has entered into an agreement with Caltrans entitled "Agreement for Maintenance of Landscape Area Within State Right of Way, State Route 12 in the City of Lodi" dated June 15, 2015, which includes the encroaching improvements to be constructed within the LODI SHOPPING CENTER development ("Caltrans Agreement"). The Caltrans Agreement is attached hereto as Exhibit A and hereby made a part hereof. 2. Developer agrees to assume all responsibilities of City under the terms of the Caltrans Agreement for maintenance of the private landscape and irrigation improvements along and within the State Route 12 frontage of the LODI SHOPPING CENTER development with the exception of the storm drainage system, median concrete curbing, and the paved travel way (with the exception of the irrigation lines within the paved travel way serving the landscape improvements ("Area of Improvements"). The location of the Area of Improvements is shown in Exhibit A. City is to incur no expense in the installation or on- going maintenance and repair of the Improvements. 3. Developer agrees to save, defend, indemnify and hold harmless the City, its officers, elected and appointed officials, agents, and employees, from liability of any nature whatsoever arising from Developer's installation, or maintenance of the improvements, or Developer's use or occupation of the Area of Improvements. It is the intent of the Parties that neither City, its officers, elected and appointed officials, agents or employees is responsible to any injury, damage or liability occurring by reason of anything done or omitted to be done by Developer in the Area of Improvements. 4. Developer further agrees to save, defend, indemnify and hold harmless the City, its officers, elected and appointed officials, agents and employees from damage of any sort occasioned by Caltrans' entry upon, use, removal of improvements or occupation of the Area of Improvements. 5. This Agreement shall run with the land and be binding on the Developer, its heirs, successors or assigns. 6. All correspondence to Developer shall be mailed to the following addresses: BROWMAN DEVELOPMENT COMPANY Attn: Darryl Browman 1556 Parkside Drive Walnut Creek, CA 94596 BROWMAN DEVELOPMENT COMPANY Attn: Mario Albert, Esq. 1556 Parkside Drive Walnut Creek, CA 94596 2 Landscape Maintenance Agreement 003 W2060-Lodi_CA;_Store_#1789-03 — 2555518 1 Wal-Mart Real Estate Business Trust Attn: Real Estate Manager (Ref: Lodi, California Store No. 1789-03) 2001 SE 10th Street Bentonville, AR 72716-0550 Wal-Mart Real Estate Business Trust Attn: President (Ref: Lodi, California Store No. 1789-03) 2001 SE 10th Street Bentonville, AR 72716-0550 Gresham, Savage Nolan & Tilden Attn: J. Matthew Wilcox, Esq. (Ref: Lodi, California Store No. 1789-03) 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 7. Herein is set forth the entire agreement between the Parties. The performance of these conditions constitutes full performance and shall relieve City of all further obligations or claims, with respect to the installation and maintenance of the improvements located within the Area of Improvements. 8. In the event either party hereto 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 a reasonable attorney's fee and all costs of suit to be set and determined by any court of competent jurisdiction and added to any judgment obtained. 9. This Agreement, and the attachments thereto, shall be recorded in the office of the San Joaquin County Recorder, 44 N. San Joaquin Street, Suite 260, Stockton, California, 95202. 10. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. (The balance of this page is intentionally left blank.) 3 Landscape Maintenance Agreement 003 W2060-Lodi_CA;_Store_N1789-03 -- 2555518 1 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. BDC Lodi III, a California limited partnership By: Name: Its: Date: WAL-MART REAL EST E BUSINESS TRUST a Delaware statutory tr st By: Name: Its: Vice President of Real Estate Date: g'--- 15- <-.X.) 1 !o d CITY OF LODI, A MUNICIPAL CORPORATION By: (CORPORATE SEAL) Stephen Schwabauer, City Manager Date ATTEST: Jennifer M. Ferraiolo, City Clerk Date APPROVED AS TO FORM: Janice D. Magdich, City Attorney 4 Landscape Maintenance Agreement 003 W2060-Lodi_CA;_Store #1789-03 -- 2555518 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF ARKANSAS COUNTY OF BENTON is 1(0 before me,(4�� 77j On OUL± . ct� insert name and titlei' f the officer) personally appeared C1t , . who proved to me on the basis of satis ctory evidence to be the person(s) whose name( is/are subscribed to the within instrument and acknowledged to me that he/sh #hey executed the same in his/their-authorized capacity(aes), and that by his/fir signature(-} on the instrument the person(.; or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /[.Gk��� (Seal) EXHIBIT A 10/28/13 TR -10.13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigation System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi LANDSCAPE AND IMPROVEMENTS MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 12 WITHIN THE CITY OF LODI THIS AGREEMENT is made effective this1541'` day of; lug , 2015, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of LODI; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number 1012-6MC-0763. 2, This Agreement addresses CITY responsibility for the planting and irrigation system, sidewalks/bikepaths, median concrete, ADA curb ramps, drainage system (collectively the "LANDSCAPING AND IMPROVEMENTS") placed within State Highway right of way on State Route 12, as shown on Exhibit A, attached to and made a part of this Agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 3. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 3.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING AND IMPROVEMENTS as shown on said Exhibit "A." 3.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' Division of Maintenance's responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit "A" which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 10/28/13 TR -10-13-0005 SI -12, PM -14.79/15,15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi 4. CITY agrees, at CITY expense, to do the following: 4.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN (Section 27 of the Streets and Highways Code) LANDSCAPING AND IMPROVEMENTS conforming to those plans and specifications (PS&E) pre - approved by STATE. 4.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING and a licensed civil engineer for IMPROVEMENTS to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING AND IMPROVEMENTS must meet STATE's applicable standards. 4.3. CITY shall ensure that LANDSCAPED AND IMPROVED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 4.4. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way. 4.5. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. 4.6. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 4.7. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 4.8. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure - STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. 4.9. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public planting and irrigation system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 4.10• To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. 10/28/13 TR -10-13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District Maintenance at 1976 E. Dr. Martin Luther King Jr. Blvd, 4.11. To remove LANDSCAPING AND IMPROVEMENTS and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 4.12. To inspect LANDSCAPING AND IMPROVEMENTS on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING AND IMPROVEMENTS. 4.13. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING AND IMPROVEMENTS system component that has become unsafe or unsightly. 4.14. To MAINTAIN all planting and irrigation system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of planting and irrigations system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system for an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about planting and irrigation system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system or the LANDSCAPING AND IMPROVEMENTS in an expeditious manner. 4.15. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING AND IMPROVEMENTS. 4.16. To allow random inspection of LANDSCAPING AND IMPROVEMENTS, planting and irrigations system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system and signs by a STATE representative. 4.17. To keep the entire landscaped and improved area policed and free of litter and deleterious material. 4.18. All work by or on behalf of CITY will be done at no cost to STATE. 5. STATE agrees to do the following: 5.1. May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non -receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 5.2. Issue encroachment permits to CITY and CITY contractors at no cost to them. 10/28/13 TR -10-13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi 6. LEGAL RELATIONS AND RESPONSIBILITIES; 6.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third PARTIES not PARTIES to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 6.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING AND IMPROVEMENTS to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING AND IMPROVEMENTS at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING AND IMPROVEMENTS, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 6.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 6.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 10/28/13 TR -10-13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi 7. PREVAILING WAGES: 7.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 7.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts 8. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 8.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self- insured coverage in a form satisfactory to STATE, along with a signed copy of the Agreement. 9. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 10. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. 10/28/13 TR -10-13-000S SJ -12, PM -14,79/15A5 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF LODI STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: STEVE SC1-IWABAUER City Manager ATTEST: By: JENN1 lR M. F City Clerk By JANICE MAGI ICH MALCOLM DOUGHERTY Director of Transportation By: f./ OLO D - : RA "SAM" HAACK Deputy District Director Maintenance and Operations District 10 City Attorney EXHIBIT "A" LANDSCAPING AND IMPROVEMENTS Exhibit "A" :, a If It 16 1 i i 5 rrllaraahllaiorrxa.locrAtall 4. i! 4 1 e91 6e•i!1�`l1t�9! �l r L 111 1 1 1 l E ti t EIS111 i111i f61 fl i 1 e; B 1 1 11 II I •®a — tl I I I u 1 PihiI (° M°!l�a; 1114 hiNigi 4 0 E s 1 i, g I , n ;i;i PRI 1; OM jy�1�Ili 1 htt�eQ51i 4i A11i!3zht1;fi £g 14 0; 1` k v e eeeoee® ®ac eels e•• i LLip .0111.18ias - 131:144e ria ar wauw° ''M, r11 `fir . ..k& 102.10 otise 01-101 It - 0040g 'v 9 WIHOLVVI 1° E; B�g M 1 1 _OA - �... — — --- 51 ! 1 • atmu'RAM ,Al. , �_ —In-- 0MAINUWM1� ler WO if il � . 2ri �9 'yeY !ei –rne^ ^-ir-� aid -5s---.r --il9L• +rr •yam JF' ; ",mr- wx— mss_ - —-- RR Lox R its 1 k A: M °A—, -.,.., a... «x b 5 1 i a 11 1 11 Iet. *east -Mir '0 U rVx...1 ass'alkox AlsssM+.•A+... rNgaNq. 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J 71 k 19 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 Lodi, California Store No. 1789-03 AGREEMENT FOR MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN STATE HIGHWAY RIGHT OF WAY ALONG STATE ROUTE 12 FRONTAGE OF THE LODI SHOPPING CENTER DEVELOPMENT (APNs 058-030-19, 058-030-20, 058-030-21, 058-030-22, 058-030-23, 058-030-24) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal corporation ("City"), and Walmart Real Estate Business Trust and BDC Lodi III, a California limited partnership (collectively "Developer"), collectively "Parties". RECITALS: WHEREAS, BDC Lodi III recorded a parcel map for on August 28, 2015 in Book 26 of Parcel Maps, at Page 29 in the Office of the San Joaquin County Recorder, creating Assessor's Parcel Numbers 058-030-12, 058-030-19, 058-030-20, 058-030-21, 058-030-22, 058-030-23, 058-030-24, 058-030-25, 058-030-26, 058-030-27, 058-030-28, and 058-030-29, to develop a commercial shopping center known as LODI SHOPPING CENTER located south of State Route 12 (Kettleman Lane) and west of Lower Sacramento Road, in the City of Lodi; and WHEREAS, BDC Lodi III is the owner of those parcels known as APNs 058-030-19, 058- 030-20, 058-030-21, 058-030-22, 058-030-23, 058-030-24, 058-030-25, 058-030-26, 058- 030-27, 058-030-28, and 058-030-29; and WHEREAS, Walmart Real Estate Business Trust is the owner of APN 058-030-12, located with the LODI SHOPPING CENTER; and WHEREAS, the Developer is required as a condition of development for the commercial shopping center, to install and maintain private landscape and irrigation improvements along the State Route 12 frontage of the LODI SHOPPING CENTER development (impacting APNs 058-030-19, 058-030-20, 058-030-21, 058-030-22, 058-030-23, and 058-030-24); and WHEREAS, a portion of the required landscape and irrigation improvements will encroach into the State Route 12 right-of-way; and WHEREAS, an encroachment permit must be obtained from the State of California Department of Transportation ("Caltrans"), to allow the installation and maintenance of the encroaching improvements; and 1 Landscape Maintenance Agreement 003 W2060 -Lodi CA; Store #1789-03 -- 2555715 1 WHEREAS, the Caltrans has required that the City obtain the encroachment permit and execute an Agreement for maintenance of the encroaching improvements; NOW THEREFORE, the Parties agree as follows: 1. City has entered into an agreement with Caltrans entitled "Agreement for Maintenance of Landscape Area Within State Right of Way, State Route 12 in the City of Lodi" dated June 15, 2015, which includes the encroaching improvements to be constructed within the LODI SHOPPING CENTER development ("Caltrans Agreement"). The Caltrans Agreement is attached hereto as Exhibit A and hereby made a part hereof. 2. Developer agrees to assume all responsibilities of City under the terms of the Caltrans Agreement for maintenance of the private landscape and irrigation improvements along and within the State Route 12 frontage of the LODI SHOPPING CENTER development with the exception of the storm drainage system, median concrete curbing, and the paved travel way (with the exception of the irrigation lines within the paved travel way serving the landscape improvements ("Area of Improvements"). The location of the Area of Improvements is shown in Exhibit A. City is to incur no expense in the installation or on- going maintenance and repair of the Improvements. 3. Developer agrees to save, defend, indemnify and hold harmless the City, its officers, elected and appointed officials, agents, and employees, from liability of any nature whatsoever arising from Developer's installation, or maintenance of the improvements, or Developer's use or occupation of the Area of Improvements. It is the intent of the Parties that neither City, its officers, elected and appointed officials, agents or employees is responsible to any injury, damage or liability occurring by reason of anything done or omitted to be done by Developer in the Area of Improvements. 4. Developer further agrees to save, defend, indemnify and hold harmless the City, its officers, elected and appointed officials, agents and employees from damage of any sort occasioned by Caltrans' entry upon, use, removal of improvements or occupation of the Area of Improvements. 5. This Agreement shall run with the land and be binding on the Developer, its heirs, successors or assigns. 6. All correspondence to Developer shall be mailed to the following addresses BROWMAN DEVELOPMENT COMPANY Attn: Darryl Browman, p,, rwfr 1556 Parkside Drive Walnut Creek, CA 94596 BROWMAN DEVELOPMENT COMPANY Attn: Mario Albert, Esq. 1556 Parkside Drive Walnut Creek, CA 94596 2 Landscape Maintenance Agreement 003 W2060-Lodi_CA;_Store_141789-03 -- 2555715 1 Wal-Mart Real Estate Business Trust Attn: Real Estate Manager (Ref: Lodi, California Store No. 1789-03) 2001 SE 10th Street Bentonville, AR 72716-0550 Wal-Mart Real Estate Business Trust Attn: President (Ref: Lodi, California Store No. 1789-03) 2001 SE 10th Street Bentonville, AR 72716-0550 Gresham, Savage Nolan & Tilden Attn: J. Matthew Wilcox, Esq. (Ref: Lodi, California Store No. 1789-03) 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 7. Herein is set forth the entire agreement between the Parties. The performance of these conditions constitutes full performance and shall relieve City of all further obligations or claims, with respect to the installation and maintenance of the improvements located within the Area of Improvements. 8. In the event either party hereto 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 a reasonable attorney's fee and all costs of suit to be set and determined by any court of competent jurisdiction and added to any judgment obtained. 9. This Agreement, and the attachments thereto, shall be recorded in the office of the San Joaquin County Recorder, 44 N. San Joaquin Street, Suite 260, Stockton, California, 95202. 10. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. [The balance of this page is intentionally left blank.] 3 Landscape Maintenance Agreement 003 W 2060-Lodi_CA;_Store_#1789-03 -- 2555715.1 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. BDC Lodi III, a California limited partnership By: Western Pacific Holdings, Inc., p_California corporation, its general partner B Date: Da ry =r►gym', WAL-MART REAL ESTATE BUSINESS TRUST a Delaware statutory trust By: Name: Its: Vice President of Real Estate Date: CITY OF LODI, A MUNICIPAL CORPORATION By: (CORPORATE SEAL) Stephen Schwabauer, City Manager Date ATTEST: Jennifer M. Ferraiolo, City Clerk Date APPROVED AS TO FORM: Janice D. Magdich, City Attorney 4 Landscape Maintenance Agreement 003 W2060-Lodi_CA;_Store_N1789-03 -- 2555715 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,eF.S&s� .1". " :< 'A c t CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of CON Tieft C D5 774 - On fit) L U5T 23,20/(0 Date before me, /..D€/ F. % 0A./ senile Poetic. Here Insert Name and Title of the Officer personally appeared b ✓4ie R V L ROA) Ale Al Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name(e) is/are subscribed to the within instrument and acknowledged to me that hef efthry executed the same in hisi.14erAiteit authorized capacity(4e , and that by hisAlefAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LORI F. SKELTDN g Commission # 2051035 Notary Public - California v Contra Costa County• M Comm. Ex fres Dec 6, 2017 Place Notary Seal Above WITNESS my hand and official seal. Signature r Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ent P6 EE,EMEN r Foie i N 1111/41cE 0 F pR v4TE Title or Type of Document: /MI"�f7UF�MB�.ITs �Bt7C Lowocument Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: La5'u4 "h..'u M2"s0.:,r ' v 1/a 6.• •'a. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: bS N rel +1• :mow e•. -�VC'uK: %w¢�2!.'Ni'H:'f: _ .'•••••1:-'. ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A 10/28/13 TR -10-13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigation System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi LANDSCAPE AND IMPROVEMENTS MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 12 WITHIN THE CITY OF LODI THIS AGREEMENT is made effective this 15'4' day of ::51A -a12, , 2015, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of LODI; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number 1012-6MC-0763. 2. This Agreement addresses CITY responsibility for the planting and irrigation system, sidewalks/bikepaths, median concrete, ADA curb ramps, drainage system (collectively the "LANDSCAPING AND IMPROVEMENTS") placed within State Highway right of way on State Route 12, as shown on Exhibit A, attached to and made a part of this Agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 3. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 3.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING AND IMPROVEMENTS as shown on said Exhibit "A." 3.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' Division of Maintenance's responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit "A" which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 10/28/13 TR -10-13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi 4. CITY agrees, at CITY expense, to do the following: 4.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN (Section 27 of the Streets and Highways Code) LANDSCAPING AND IMPROVEMENTS conforming to those plans and specifications (PS&E) pre - approved by STATE. 4.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING and a licensed civil engineer for IMPROVEMENTS to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING AND IMPROVEMENTS must meet STATE's applicable standards. 4.3. CITY shall ensure that LANDSCAPED AND IMPROVED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 4.4. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way. 4.5. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. 4.6. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 4.7. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 4.8. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. 4.9. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public planting and irrigation system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 4.10. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. 10!28/13 TR -10-13.0005 SJ -12, PM -14.79/15.15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District Maintenance at 1976 E. Dr. Martin Luther King Jr. Blvd, 4.11. To remove LANDSCAPING AND IMPROVEMENTS and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 4.12. To inspect LANDSCAPING AND IMPROVEMENTS on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING AND IMPROVEMENTS. 4.13. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING AND IMPROVEMENTS system component that has become unsafe or unsightly. 4.14. To MAINTAIN all planting and irrigation system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of planting and irrigations system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system for an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about planting and irrigation system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system or the LANDSCAPING AND IMPROVEMENTS in an expeditious manner. 4.15. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING AND IMPROVEMENTS. 4.16. To allow random inspection of LANDSCAPING AND IMPROVEMENTS, planting and irrigations system, sidewalks/bike paths, median concrete, ADA curb ramps, drainage system and signs by a STATE representative. 4.17. To keep the entire landscaped and improved area policed and free of litter and deleterious material. 4.18. All work by or on behalf of CITY will be done at no cost to STATE. 5. STATE agrees to do the following: 5.1. May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non -receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 5.2. Issue encroachment permits to CITY and CITY contractors at no cost to them. 10/28/13 TR -10-13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi 6. LEGAL RELATIONS AND RESPONSIBILITIES; 6.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third PARTIES not PARTIES to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 6.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING AND IMPROVEMENTS to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING AND IMPROVEMENTS at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING AND IMPROVEMENTS, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 6.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 6.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 10/28/13 TR -10-13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi 7. PREVAILING WAGES: 7.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 7.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts 8. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 8.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self- insured coverage in a form satisfactory to STATE, along with a signed copy of the Agreement. 9. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 10. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. 10/28/13 TR -10-13-0005 SJ -12, PM -14.79/15.15 Planting and Irrigations System, Sidewalk, ADA Curb Ramps, Drainage System -City of Lodi PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF LODI By: STEV 1: SC! I W A I3AUER ' Director of Transportation City Manager STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MALCOLM DOUGHERTY ATTEST: By: 1<.,-)11,,hc.LiiO BY:hi•—�� JENNII:R M. 1l- RAIOLO D RA "SAM" HAACK City Clerk Deputy District Director Maintenance and Operations District 10 By:_ �l JAN ICE MAGDICH City Attorney EXHIBIT "A" LANDSCAPING AND IMPROVEMENTS Exhibit "A" z z g P1 a 1 4 goo 141111( I'I 111 1sit11 11iklbi1f8h1 �r11ey•.i�yfv¢erati•. �a�lf.M 11 'IEE ii L 1r1— 11 41 KF 11 Iv; i E E !!s=R�t• ■®■ } u ! i•Lxj 1 thill a ! i 11 ! i `7 i ! ��:. ! Isii!fi,! Q� s 1! I i r!! e iPi4 . ! I 1 114 ' r1 tint r3 �. .a,r, r , ;i• k 1 'I i f7;� Fin i hifiiEP II • eeeeeee sot •e•® e•• ACHMENT PERMIT PIANS War • • dF Me 'el wsh my errow'.M.o.R \...t.n•MNosfuN ! V.11111111/fir11111111' 11i111dl111iMid 1 1111 Id II .1 Bi it•V•pil04 elqi re -110 JAMB - 94000 vra lvw 1 1� •1 r 1.1 u* • Yr' .. K YM 5i 0 1 0 k! lig Vi X121 -fN[ COM Wyy1M.ENr•ATNIwaiftrg11Mdtusnmt r.onwf. MM/14 1 11 ill isK;el1ii fA f E Ili hhihil!!I 1 1h1111' fskq IN II a Seoeeeee•® • On 1 • • l ®. lJ 11 11 18! OftiollaTACNEMdrr--- 110 1lE� .11 ❑r? L 1° i ti 11 L 12-H:4J-dram-RI YOCVia !i'f11:4M__ 4 ui ENCROACHMENT PERMIr'LAN& 111 �• rwu -went wino, sew wi0w.0+vmnn+o.M•n.-r+ +tr1. • 1J F 1 1 .1' ij 61 61 ENCROACHMENT PERMIT PLANS LU „ z 5 gi 61 • 61 gi • 61 • — c1z I - Wr.i,• o • t% s r • • 4 icv ke • \ 1 1 11 i • 1 1 1 0 n a 1 I ii! Of p� 2 1 1 6 1 11 I 11 11 13 0 . $ . 0 ENCROACHMENT PERMIT PLANS oi '-21 01 1 11 ENCROACHMENT PERMIT PLANS OVO!! 01N3WVN3VS N3M01 3AM0 MD/83M 1 1 i 1 1 w 1 1 1 19 AMENDED BILLING SCHEDULE Developmen Wal-Mart Realestate Business Trust Developer: Browman Development Company Engineer: PacLand Engineering Date: 5/15/15 Building SF/1000: No. of Units: Varies 12 Construction cost (City Cost Schedule) $2,996,619.40 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 $2,696,619) (1001.6121) 67,415.48 Inspection Fee (4% of $250,000) (1001.6104) 10,000.00 (3.5% of $750,000) (1001.6104) 26,250.00 (3% of $1,996,619) (1001.6104) 49,915.48 Engineering Fee Paid (1001.6121) $ 97,127.63 ENGINEERING SUBTOTAL $ 165,580.97 $ 97,127.63 STREET SYSTEM Storm Water Inspection Fees STREET SYSTEM SUBTOTAL (1701.6525) 1 LS @ $ 4,855.00 $4,855.00 $4,855.00 $0.00 SEWER SYSTEM Reimbursement of Pipe Material 24 -inch Domestic Wastewater Pipe 30 -inch Domestic Wastewater Pipe 36 -inch Domestic Wastewater Pipe 30 -inch Industrial Wastewater Pipe Reimbursement Total (At Project Acceptance) 1,320 LF @ $ 491 LF@$ 413 LF(cr)$ 1,324 LF @ $ Charges for Work by City Forces: TV Inspection (1701.6525) 3,910 LF @ $ 39.53 74.98 156.14 74.98 1.50 5,865.00 SEWER SYSTEM SUBTOTAL (Not Including Reimburseable Amount) $5,865.00 STORM DRAIN SYSTEM Charges for Work by City Forces: TV Inspection STORM DRAIN SYSTEM SUBTOTAL (1701.6525) 2,740 LF @ $ $52,185.28 $36,815.72 $64,486.85 $99,274.98 $252,762.83 1.50 4,110.00 $4,110.00 $0.00 ELECTRICAL SYSTEM To be billed separately by Electric Utility Department SUBTOTAL OF FEES /CREDITS Reimbursement Agreement RA -02-02 Reimbursement Agreement RA -08-01 (S/W signal pole relocated) (Reimbursement amount minus the cost to relocate 1 of 2 signal poles) Resolution No. 2007-52 (minus electrical conduit crossing charge) TOTAL OF DEVELOPER FEES Less Plan Check Fee Paid (ADJUSTED AMOUNT DUE AT FILING OF FINAL MAP) Credit for Sewer Pipeline Reimbursement at Project Acceptance Total Due for Project (negative amount reflects credit back to Developer) $180,410.97 $47,204.86 $208,617.60 $101,848.83 $538,082.26 $97,127.63 $440,954.63 -$245,889.21 $97,127.63 $434,081.01 $252,762.83 EXHIBIT D Westgate Dr - Through Street J l Kettleman Ln / Hwy 12 r-\ Lower Sacramento Rd (west side) No Parking LODI SHOPPING CENTER Sacramento Rd a) 0 J / EXHIBIT E Lower Sacramento Road (West Side) - No Parking Westgate Drive - Through Street N Location Map W'E User: Ichang Path: K:\WP\TRAFFIC\Lodi Shopping Center - Exhibit.mxd s 1 in = 400 ft 1 AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: 3. FROM: Internal Services Dept. - Budget Division Rebecca Areida-Yadav 5. DATE: 8/1/2016 4. DEPARTMENT/DIVISION: Public Works 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. SOURCE OF FINANCING 531 32205 Wastewater Capital Fund Balance $ 252,763 00 B. USE OF FINANCING 531 53199000 77020 Watewater Capital Projects $ 252.763.00 , 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Reimbursement to developer for public improvements associated with the Lodi Shopping Center project. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: Res No: Department Head Signature: Attach copy of resolution to this form. 18. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. When Recorded Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2016-177 Doc U: 2016-133566 10/28/2016 03:19:07 PM Page: 1 of 2 Fee: $0 Steve J. Bestolarides San Joaquin County Recorders Paid By: SHOWN ON DOCUMENT A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING LODI SHOPPING CENTER PUBLIC IMPROVEMENTS; RECEIVING DEDICATION OF REAL PROPERTY KNOWN AS 1-2 STORM DRAIN BASIN (APN 058-03-018) AND ALL ASSOCIATED OFFSITE PUBLIC IMPROVEMENTS; AMENDING TRAFFIC RESOLUTION NO. 97-148 BY APPROVING THROUGH STREET ON WESTGATE DRIVE FROM KETTLEMAN LANE TO THE SOUTH BOUNDARY OF THE LODI SHOPPING CENTER AND NO -PARKING ZONES ON THE WEST SIDE OF LOWER SACRAMENTO ROAD FROM KETTLEMAN LANE TO THE SOUTH BOUNDARY OF THE LODI SHOPPING CENTER; AND FURTHER APPROPRIATING FUNDS WHEREAS, the public improvements at the Lodi Shopping Center have been completed in substantial conformance with the requirements of the Improvement Agreement between City of Lodi, Walmart Real Estate Business Trust, and BDC Lodi III, L.P., approved by City Council on June 3, 2015; and WHEREAS, the public improvements include street widening on Lower Sacramento Road and Kettleman Lane, construction of Westgate Drive along the west project boundary from Kettleman Lane to the south boundary of the development, modification of the southeast leg of the existing traffic signal at Kettleman Lane and Westgate Drive, installation of a new traffic signal on Lower Sacramento Road to provide signalized access to the project and Food 4 Less driveway, and extension of public utilities in Lower Sacramento Road, Westgate Drive, and along the south boundary of the development between Lower Sacramento Road and Westgate Drive; and WHEREAS, the streets to be accepted are as follows: Streets Length in Miles Lower Sacramento Road* 0.00 Kettleman Lane* 0.00 Westgate Drive 0.24 Total New Miles of City Streets 0.24 *The street dedication for Kettleman Lane and Lower Sacramento Road consists of minor pavement widening, landscape, and irrigation improvements in an existing street right-of-way and did not add additional miles to the City's street system. WHEREAS, Walmart Real Estate Business Trust, and BDC Lodi III, L.P. (collectively, Developer) was required to dedicate and construct the 1-2 Basin facility located west of Lower Sacramento Road and all associated offsite public improvements to accommodate storm drainage from the new development; and WHEREAS, the developer realigned the domestic outfall pipeline and the industrial waste outfall pipeline between Lower Sacramento Road and Westgate Drive along the southern boundary of the development, and extended the domestic outfall south along Westgate Drive to its intersection with the existing domestic outfall pipelines; and WHEREAS, staff recommends accepting Lodi Shopping Center public improvements; and WHEREAS, staff also recommends receiving dedication of real property known as 1-2 Storm Drain Basin (APN 058-03-018) and all associated offsite public improvements; and WHEREAS, staff further recommends amending Traffic Resolution No. 97-148 by approving 1) a through street on Westgate Drive from Kettleman Lane to the south boundary of the Lodi Shopping Center, and 2) approving no -parking zones an the west side of Lower Sacramento Road from Kettleman Lane to the south boundary of the Lodi Shopping Center; and WHEREAS, staff also recommends appropriating funds in the amount of $252,763 from the Wastewater fund for reimbursement to the Developer ($245,889.91) and for the adjusted amounts owed ($6,873.62) to satisfy the Developer's obligation to pay for their share of existing improvements constructed by others. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept Lodi Shopping Center public improvements; and BE IT FURTHER RESOLVED that Lodi City Council does hereby receive dedication of real property know as 1-2 Storm Drain Basin (APN 058-03-018) and all associated offsite public improvements; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby amend Traffic Resolution No. 97-148 by approving 1) a through street on Westgate Drive from Kettleman Lane to the south boundary of the Lodi Shopping Center, and 2) approving no -parking zones on the west side of Lower Sacramento Road from Kettleman Lane to the south boundary of the Lodi Shopping Center; and BE IT FURTHER RESOLVED that funds in the amount of $252,763 be appropriated from Water Capital Fund for this project. Dated: October 19, 2016 I hereby certify that Resolution No. 2016-177 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Chandler ABSTAIN: COUNCIL MEMBERS — None NNIFE ity Clerk 2016-177 FERRAIOLO