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HomeMy WebLinkAboutAgenda Report - April 5, 2017 C-08CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C-8 TM AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Harvest Crossing Subdivision, Tract No. 3905 MEETING DATE: April 5, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION: BACKGROUND INFORMATION: Adopt resolution approving final map and authorizing City Manager to execute Improvement Agreement for Harvest Crossing Subdivision, Tract No. 3905. The Harvest Crossing Subdivision is located at 2620 West Turner Road, as shown on Exhibit A. The gated development consists of 42 medium -density, residential Tots. The project includes the installation of the public water main extension and all frontage improvements which are part of or appurtenant to the project. The improvements along Turner Road and Lower Sacramento Road include sidewalk, pavement repair and emergency vehicle access. All interior improvements, with the exception of the water main, are private, 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. The developer, Harvest Crossing, LLC, 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 medium -density residence in accordance with Lodi Municipal Code 15.64.040. Upon the City Manager executing the Improvement Agreement, the developer may commence work on public improvements associated with the subdivision. This project is part of the Community Facilities District No. 2007-1 (Public Services). The public hearing has been set for April 5, 2017. The final map approval for the subdivision is conditioned on the annexation of the properties. FISCAL IMPACT: There will be an increase in long term maintenance costs for public infrastructure and City services such as police, fire, water, wastewater and parks, and open space maintenance. The cost will be partially offset by proceeds from the CFD. APPROVED: tephen Sch.:aity Manager K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\C_ImprovementAgmt.doc 3/23/17 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for The Harvest Crossing Subdivision, Tract No. 3905 April 5, 2017 Page 2 FUNDING AVAILABLE Not applicable. Prepared by Kimberly Sobin CES/KS/tdb Attachments cc: City Attorney City Engineer / Deputy Public Works Director Senior Civil Engineer Senior Engineering Technician Wiman Harvest Crossing, LLC MCR Engineering ti Charles E. 1mley, Jr. Public Works Director K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\C_ImprovementAgmt doc 3/23/17 00 0 - CD O O .710 Bozant Katzakian Park Visitor's Center Public Water Main Turner Rd. •to Emergency Vehicle Access Sequoia St. Lower Sacramento Rd. .u -i uenegpooM 2620 West Turner Road EXHIBIT A W E 1 in = 150 ft WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of HARVEST CROSSING SUBDIVISION TRACT NO. 3905 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", and Harvest Crossing, LLC, herein after referred to as "Developer." RECITALS: Developer has presented a final subdivision map to the City for approval, hereinafter called "Map"; entitled "Public Improvement Plans for Harvest Crossing" The map was filed with the Public Works Director for presentation to the City Council for approval, and is hereby referred to and incorporated herein; Developer is required to create a public looped water system to serve the private Development as outlined in the 2016 Tentative Subdivision Map conditions. Developer has presented to City for approval of the public improvement plans for Harvest Crossing, hereinafter called "Project", to construct the water main and public frontage improvements. Developer has requested approval of public improvement plans for the construction and completion of the public water main extension, including public frontage improvements which are part of or appurtenant to the 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 the project, which plans and specifications are now on file in the office of and endorsed with the approval of the Public Works Director or his designee. City Council will adopt a resolution authorizing construction and completion of the public improvements, and accepting the dedications therein offered on condition that Developer first enters into and executes this Agreement with City and meets the requirements of said resolution; and This Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 15 and 17 of the Lodi City Municipal Code ("LMC"). NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in order to insure satisfactory performance by Developer of Developer's obligations under State law and City Code, the parties agree as follows: 1. Performance of Work 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 City's Public Works Director, all of the work and improvements as shown on the approved improvement plans for the Project, Plan Set 017D001, 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. Private street light installation and connection to City system; and B. Natural gas line installation; and C. Telephone line installation; and K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing.doc 3/9/17 7 D. Electrical system; and E. Cable television system. 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 public improvement plans by the City, it is agreed that the Developer shall deposit with the City the amount of money shown as the "Developer Cost" on the Billing Schedule attached hereto as Exhibit "A" and by this reference made a part hereof as though fully set forth. From payments made under the Billing Schedule, Developer elects to have the City perform or install or cause the installation of the following items: A. New connection to the City's Public Water main on Lower Sacramento Road for the looped water system. B. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering a twelve month period. The fee will be adjusted, if necessary, when the improvements are complete and ready for acceptance by the City. Any additional fees must be paid prior to project acceptance. Developer shall also pay all additional costs for work performed by City forces deemed by the Public Works Director necessary to complete the work under this Agreement in conformance with City Standards. 4. Development Impact Mitigation Fees. Development Impact Mitigation Fees for water, wastewater, storm drainage, street improvements, police protection, fire protection, parks and recreation, art in public places and general City facilities are required for this Project. Payment of the Development Impact Mitigation Fees shall be collected prior to issuance of Certificate of Occupancy for each dwelling. The amounts shown in Exhibit "B" attached hereto and by this reference made a part hereof, for the Development Impact Mitigation Fees are those in effect at the time of execution of this Agreement. In conformance with LMC Section 15.64.050, the fees are automatically adjusted on January 1S 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 with the Office of the San Joaquin County Recorder 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 K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing.doc 3/9/17 2 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 and the Public Works Director. 7 Work; Time for Commencement and Performance Developer shall, within 365 calendar days from the date of this Agreement, perform or cause to be performed all work and/or improvements described in this Agreement. At least 15 calendar days prior to the commencement of work hereunder, Developer shall notify the Public Works Director of the date fixed by Developer for commencement thereof so that City can provide inspection services. 8. 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 and executed by the City Manager. Any such extension may be granted without notice to Developer's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of Developer under this Agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. 9 Record Drawings and Certifications Prior to acceptance of the Project improvements, Developer shall provide record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. 10 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. 11 Superintendence by Developer Developer shall give personal superintendence to the work of said improvements, or have a competent agent, foreman or superintendent, satisfactory to the Public Works Director, on the work site at all times during construction, with authority to act for Developer. 12 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 of City staff. Developer will be billed for inspections on work performed on weekends, holidays and overtime. Developer shall also pay all additional costs incurred by City for soils and materials testing and/or inspection services, including storm water compliance inspections, required as a part of City inspection activities. 13 Contract Security Concurrently with the execution of this Agreement, Developer's Contractor shall furnish Improvement Security of at least 100% of the estimated cost of the public improvements required to be constructed, plus deferred fees and engineering costs of surveying, record drawings and certifications as security for the faithful performance of this Agreement and repair or replacement of defective work under Paragraph 19; and 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. The City has determined these security amounts to be as follows: Faithful Performance: Labor and Materials: $ 188,900.00 $ 188,900.00 14. Warranty Security Prior to acceptance of the Project improvements by City, Developer shall furnish Warranty Security of at least 10% of the total cost of the public improvements required to be constructed, as security for repair K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing doc 3/9/17 3 or replacement of defective work as provided under Paragraph 19 of this Agreement. The warranty period shall be two (2) years following the date of acceptance of the improvements by City. 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 entire Project. 15. 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 from personal injury, including death, as well as from claims for property damage which may arise from Developer's or Developer's contractors', subcontractors', agents' or employees' operations under this Agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elected and appointed boards, commissions, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: A. That City does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described in Paragraph 16 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. 16. 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. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine Street, Lodi, CA, 95240. Developer hereby indemnifies City for any damage resulting to it from failure of either Developer or any contractor or subcontractor to take out or maintain such Worker's Compensation insurance. B. Comprehensive General and Automobile Insurance Developer shall take out and maintain during the life of this Agreement such insurance as shall insure City, its elected and appointed boards, commissions, officers, agents, and employees, Developer and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the Project or the Project property, including any public streets or easements, K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing.doc 3/9/17 4 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 for the Project or on the Project property. NOTE: Developer agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named 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 elected and appointed boards, commissions, officers, agents and employees shall be excess only and not contributing with the insurance afforded by this endorsement. C. Severability of 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 Developer's liability. 17. Evidence of Insurance Developer shall furnish City, concurrently with the execution of this Agreement, with satisfactory evidence of the insurance required and evidence that each carrier is required to give City at least 30 days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement. The address of the City of Lodi must be shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street, Lodi, CA, 95240. 18. 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. K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing.doc 3/9/17 5 19. 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. 20. 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." 21. Mud, Debris, Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the Project 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, subcontractors, and/or agents shall be responsible so no dust or erosion problems are created during construction, including installation of telephone, electrical, cable television and gas facilities. Developer's responsibility for dust and erosion control shall extend to include a period of two (2) years from the date of final acceptance by City of the work performed under this Agreement. 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. 22. 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 property. Damage to any existing facilities outside the limits of the Project damaged as part of the construction of the required Project improvements is also Developer's responsibility. 23. Dwelling Occupancy City will not allow occupancy of any building or structure within the Development until all deferred fees have been paid, public improvements have been approved and accepted by the Public Works Department pursuant to 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. K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing doc 3/9/17 6 24. 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. 25. 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. 26. Breach of Agreement; Performance by Surety or City In the event of any such notice, Developer's surety shall have the duty to take over and complete the work and the improvements herein specified; provided however, that if the surety, within five (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 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damage occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 27. Notices All notices herein required shall be in writing, signed by the authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties. Notices required to be given to City shall be addressed as follows: Charles E. Swimley, Jr. Public Works Director City of Lodi 221 West Pine Street P. 0. Box 3006 Lodi, CA 95241-1910 Notices required to be given to Developer shall be addressed as follows: Chris Conklin Harvest Crossing, LLC 3255 West March Lane Stockton CA, 95219 K:\WP\DEV_SERV\Developments\ResidentiaRTurner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing.doc 3/9/17 7 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. /The balance of this page is intentionally left blank.] K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing.doc 3/9/17 8 30. Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. In Witness Whereof, Developer and City have caused their names and corporate seals to be hereunto affixed. "DEVELOPER" Harvest Crossing, LLC Dated. By. Chris Conklin Vice President Dated ATTEST JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney (CORPORATE SEAL) CITY OF LODI, a California municipal corporation By STEPHEN SCHWABAUER City Manager (CORPORATE SEAL) K:\WP\DEV_SERV\Developments\Residential\Turner Rd - Harvest Crossing\Improvement Agreement\Improvement Agreement- Harvest Crossing.doc 3/9/17 9 EXHIBIT A BILLING SCHEDULE Development: Harvest Crossing Gross Acreage: 6,79 Developer: Grupe No. of Units: 42 Engineer: MCR Engineering Date: 2/24/17 Construction cost (City Cost Schedule) $188,900.00 DEVELOPER COST CREDITS ENGINEERING Engineering Fee (5% of $100,000) (1001.6121) $ 5,000.00 (3.5% of $88,900) (1001.6121) 3,111.50 Inspection Fee (4% of $188,900) (1001.6104) 7,556.00 Engineering Fee Paid (1001.6121) $ 6,376.00 Improvement Agreement Fee (1001.6121) 2,079.00 ENGINEERING SUBTOTAL $ 17,746.50 $ 6,376.00 STREET SYSTEM Fees: Storm Water Inspection Fees (1701.6525) 1 LS @ $ 1,925.00 $1,925.00 (Charge for 1 year inspection) STREET SYSTEM SUBTOTAL $1,925.00 WATER SYSTEM Charges for Work by City Forces: Connect to Existing (Low Sac) (1801.6522) 1 EA @ $ 5332.03 5332.03 WATER SYSTEM SUBTOTAL $5,332.03 $0.00 $0.00 ELECTRICAL SYSTEM To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE $25,003.53 TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $18,627.53 $6,376.00 Exhibit B DEFERRED DEVELOPMENT IMPACT MITIGATION FEES DEVELOPER COST Art In Public Places (12141.6127) 42.00 DUE @ $67.00 $2,814.00 Water Facilities (1821.6122) 42.00 DUE @ $3,103.00 $130,326.00 Sewer Facilities (1731.6122) 42.00 DUE @ $4,225.00 $177,450.00 Street Improvement Facilities (3271.6122) 42.00 DUE @ $386.00 $9.402 96 (3321.6122) $6.809.04 Storm Drainage Facilities (3261.6122) 42.00 DUE @ 697.00 $29,274.00 Police Protection Facilities (12151.6122) 42.00 DUE @ $634.00 $26,628.00 Fire Protection Facilities (12161.6122) 42.00 DUE @ $324.00 $13,608.00 Parks & Recreation Facilities (12171.6122) 42.00 DUE @ $3,276.00 $137,592.00 General City Facilities (12181.6122) 42.00 DUE @ $519.00 $21,798.00 CREDITS TOTAL AMOUNT OF DEFERRED FEES TO BE PAID $555,702.00 $0.00 AT CERTIFICATE OF OCCUPANCY FOR EACH DWELLING UNIT 2 RESOLUTION NO. 2017-50 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE FINAL MAP AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR THE HARVEST CROSSING SUBDIVISION, TRACT NO. 3905 WHEREAS, the Harvest Crossing Subdivision is located at 2620 West Turner Road; and WHEREAS, the gated development consists of 42 medium -density, residential lots; and WHEREAS, the project includes the installation of the public water main extension and all frontage improvements which are part of or appurtenant to the project; and WHEREAS, the developer, Harvest Crossing, LLC, has furnished the City with the improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed subdivision; and WHEREAS, Development Impact Fees will be collected as part of the building permit process prior to issuing a certificate of occupancy for each medium -density residence in accordance with Lodi Municipal Code 15.64.040; and WHEREAS, this project will be a part of the Community Facilities District No. 2007-1; and WHEREAS, staff recommends approving the final map for the Harvest Crossing Subdivision, Tract No. 3905, which is conditioned on the annexation of the properties to the Community Facilities District No. 2007-1 (Public Services); and WHEREAS, staff also recommends authorizing the City Manager to execute the Improvement Agreement for the Harvest Crossing Subdivision, Tract No. 3905. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the final map for the Harvest Crossing Subdivision, Tract No. 3905, which is conditioned on the annexation of the properties to Community Facilities District No. 2007-1 (Public Services); and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Improvement Agreement for the Harvest Crossing Subdivision, Tract No. 3905. Dated: April 5, 2017 I hereby certify that Resolution No. 2017-50 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 5, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None NNIFER FERRAIOLO City Clerk 2017-50