HomeMy WebLinkAboutAgenda Report - April 5, 2017 C-09TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM
Adopt Resolution Approving Final Map and Authorize City Manager to Execute
Improvement Agreement for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No.
1, Tract No. 3919; and Amending Traffic Resolution No. 97-148
April 5, 2017
Public Works Director
RECOMMENDED ACTION:
Adopt resolution approving final map and authorize City Manager to
execute Improvement Agreement for Villa Fiore (Van Ruiten Ranch)
Subdivision, Unit No. 1, Tract No. 3919; and amending Traffic
Resolution No. 97-148.
BACKGROUND INFORMATION: Villa Fiore Subdivision, Unit No. 1, is the first phase of the multi-
phase residential development located west of Lower Sacramento
Road, and south of the recently completed Lodi Shopping Center,
as shown on Exhibit A. Unit No. 1 consists of 130 single-family, residential lots.
The project includes the installation of all interior subdivision public improvements and full street
improvements on Century Boulevard from Lower Sacramento Road to its westerly boundary, and
Westgate Drive from Lodi Shopping Center to Century Boulevard.
The developer, Elliot Homes, Inc. (Developer), is required to construct a neighborhood park on Lot C,
inside the project boundary, also shown on Exhibit A. Due to time constraints in Developer's construction
schedule, Developer has requested to execute a separate improvement agreement to construct the park
in order to expedite construction of the other site improvements. City staff has deemed this a reasonable
request and included a condition requiring that the park improvements be completed prior to final
acceptance of the Unit No. 1 project.
Developer is required to realign the domestic outfall pipeline and industrial waste outfall pipeline between
Lower Sacramento Road and the westerly boundary of the subdivision. The City agreed to fund the
pipeline material costs (excluding installation costs) for both pipelines. The new pipelines will follow
Westgate Drive and Century Boulevard, as shown on Exhibit B. The estimated cost of the pipeline
reimbursement is $854,000. Developer will provide three bids for the pipeline cost to determine actual
reimbursement at the time of project acceptance.
Developer has furnished the City with improvement plans, necessary agreements, guarantees, insurance
certificates, and the required fees for the proposed subdivision. Development Impact Fees will be
collected as part of the building permit process prior to issuing a certificate of occupancy for each single-
family residence in accordance with Lodi Municipal Code 15.64.040. This project is part of the
Community Facilities District No. 2007-1 (Public Services) (CFD).
Portions of the cost to install certain offsite public improvements that benefit other properties may be
eligible for reimbursement from others. It is Developer's responsibility to request reimbursement and
submit the appropriate information per Lodi Municipal Code Chapter 17.62.
APPROVED
/raj\ 40.11
S ep en Schwa •;14 "a ity Manager
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch\Improvement Agreement\CFinalMap doc 3/28/17
Adopt Resolution Approving Final Map and Authorize City Manager to Execute Improvement Agreement for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 1,
Tract No 3919; and Amending Traffic Resolution No. 97-148
April 5, 2017
Page 2
Century Boulevard at Westgate Drive is a three-way intersection just north of the future park site and
west of Lower Sacramento Road, also shown on Exhibit A. Since this intersection controls the main
entrance and exit points of the subdivision, a multi -way stop at this location is required. Because Century
Boulevard and Westgate Drive are the major collector streets leading into the subdivision, these streets
are required to be designated as through streets to accommodate future traffic volume and traffic
operation. Similar to Westgate Drive for the Lodi Shopping Center, this section of Westgate Drive from
Lodi Shopping Center to Century Boulevard should continue as "Restricted Truck Access" and "No
Parking" on the street. As part of the Westside Master Plan (2001), Westgate Drive was designed to
accommodate one travel lane and one bicycle lane in each direction. The proposed no -parking zone is
required to accommodate these lanes.
Staff recommends the following actions by resolution:
1. Approve Final Map and authorize City Manager to execute the Improvement Agreement for the
Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No.1, Tract No. 391; and
2. Amend the following sections of Traffic Resolution No. 97-148 :
a. Section 2B "Through Streets" by approving through streets on Century Boulevard, from Lower
Sacramento Road to its westerly boundary, and Westgate Drive, from Lodi Shopping Center
to Century Boulevard; and
b. Section 2C "Stop Intersections" by approving a multi -way stop control at the Century
Boulevard and Westgate Drive intersection; and
c. Section 8(A) "Weight Limit/Commercial Vehicle Restrictions" by approving the prohibition of
commercial vehicles over two axles on Westgate Drive from Lodi Shopping Center to Century
Boulevard. In addition, staff requests approval of no -parking zones on Westgate Drive from
Lodi Shopping Center to Century Boulevard.
FISCAL IMPACT:
There will be an increase in long-term maintenance costs for public
infrastructure and City services such as police, fire, and parks, and open
space maintenance. This cost will be partially offset by proceeds from the
CFD.
FUNDING AVAILABLE: Funding for the pipe material reimbursement cost is available in the
Wastewater Capital Fund (53199000.77020).
titer
Charles Swimley, 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
City Engineer / Deputy Public Works Director Chang Elliot Homes, Inc.
Senior Civil Engineer Nathan Baumbach & Piazza Engineering
Assistant Civil Engineer Sobin
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch\Improvement Agreement\CFinalMap doc 3/23/17
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WW Trunk Line
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Path: K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch\Improvement Agreement\C_ExhibitB.mxd
WHEN RECORDED, RETURN TO.
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
VILLA FIORE (VAN RUITEN RANCH) SUBDIVISION
TRACT NO. 3919 (UNIT NO. 1)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a
California municipal corporation, hereinafter referred to as "City", and Elliott Homes,
Inc., an Arizona Corporation, hereinafter referred to as "Developer".
RECITALS:
Developer has presented to City for approval a final subdivision map, hereinafter called
"Map", entitled "Villa Fiore (Van Ruiten Ranch) Unit No. 1". 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 has requested approval of the map prior to the construction and completion
of public improvements, including all streets, highways or public ways, and public utility
facilities which are a part of, or appurtenant to, the Villa Fiore Subdivision, hereinafter
called "Project", all in accordance with, and as required by, the plans and specifications
for all or any of said improvements in, appurtenant to, or outside the limits of Project,
which plans and specifications are now on file in the office of and endorsed with the
approval of the Public Works Director or his designee.
City Council will adopt a resolution approving the map 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 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 D176, which is on file in the Public
Works Department.
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The Developer shall also perform or cause to be performed the following items
which are not shown on the improvement plans:
A. Street light installation and connection to City system. Developer may
experience delays in the delivery of the required decorative street light
standards. The street light standards should be ordered early in the
Project schedule to avoid delay in acceptance of the public improvements
by the City; and
B. Natural gas line installation; and
C. Telephone line installation; and
D. Electrical system; and
E. Cable television system; and
F. Public Park improvements — The park improvements will be covered by a
separate improvement agreement to be executed by Developer and City.
The park improvements shall be completed prior to City acceptance of
the Project.
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 final maps by the City, it is agreed that the Developer
shall deposit with the City the amount of money shown as the "Developer Cost"
on the Billing Schedule, attached hereto as Exhibit A, and by this reference
made a part hereof as though fully set forth.
From payments made under the Billing Schedule, Developer elects to have the
City perform or install or cause the installation of the following items:
A. Street seal coat; and
B. Televideo inspection of the public sewer and storm drain lines. The fee
shown on the Billing Schedule is based on the linear footage of sewer
and storm drain pipe, including laterals, shown on the improvement
plans. The fee will be adjusted, if necessary, when the televideo
inspection is complete. Any additional fee must be paid prior to Project
acceptance; and
C. Furnishing and installation of water meters for the public irrigation
system; and
D. Water meter installation for irrigation services; and
E. 8" x 10" water service hot tap, developer's contractor is responsible for
trenching and backfill.
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.
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4. Development Impact Mitigation Fees
Development Impact Mitigation Fees for water, wastewater capacity, street
improvements, storm drain, police, fire, parks and recreation, general City
facilities, and art in public places 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 this
Agreement 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 1st of each year.
Fees may also be adjusted at other times by separate City Council action. The
actual fees to be paid will be those in effect at the time of payment. This
Agreement shall in no way limit City's ability to charge Developer the fees in
effect at the time Developer pays the fees.
5. Reimbursement from Others
Developer may be eligible for reimbursement from others for the cost of certain
off-site public improvements that benefit other properties. It is Developer's
responsibility to request reimbursement and submit the appropriate information
per LMC Section 17.62.
6. 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.
7. 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 executedby 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.
8. Record Drawings and Certifications
Prior to acceptance of the Project improvements, Developer shall have installed
and put in place, all survey monuments as shown on the Maps and provide
record drawings and certifications as described in the City of Lodi Public
Improvement Design Standards.
9. 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.
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10. 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.
11. 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.
12. Contract Security
Concurrently with the execution of this Agreement, Developer shall furnish
Improvement Security of at least 100 percent of the estimated cost of the public
improvements required to be constructed, plus deferred fees and engineering
costs of surveying, record drawings and certifications as security for the faithful
performance of this Agreement; and an amount equal to at least 100 percent of
the above costs, excluding deferred fees, as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement as more fully described in the State Subdivision Map Act.
The City has determined these security amounts to be as follows:
Faithful Performance: $ 8.881.100.00
Labor and Materials: $ 8.881.100.00
13. Warranty/Maintenance Security
Prior to acceptance of the Project improvements by City, Developer shall furnish
warranty security of at least 10 percent of the total cost of the public
improvements required to be constructed, as security for repair or replacement
of defective work, and landscape maintenance as provided under Paragraph 17
and Paragraph 18, respectively, of this Agreement. The warranty/maintenance
period shall be two 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/maintenance period for all required Project
improvements shall commence upon the date of final acceptance for the entire
Project.
14. 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
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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 15 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.
15. 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. Worker's Compensation Insurance
Developer shall maintain, during the life of this Agreement, Worker's
Compensation Insurance for all Developer's employees employed at the
site of improvement, and in case any work is sublet, Developer shall
require any contractor or subcontractor similarly to provide Worker's
Compensation Insurance for all contractors' or subcontractors'
employees, unless such employees are covered by the protection
afforded by Developer. Developer hereby indemnifies City for any
damage resulting to it from failure of either Developer or any contractor or
subcontractor to take out or maintain such 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, 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
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Developer or any contractor or subcontractor, and the amount of such
insurance shall be as follows:
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
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:
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.
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.
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.
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C. 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.
16. 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.
17. 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 -percent for administration and overhead costs.
18. Landscape Maintenance
Developer shall perform regular maintenance on the landscape element,
including plants and irrigation system, installed with the Project on Westgate
Drive, Lower Sacramento Road, and Century Boulevard for a period of two (2)
years after the final acceptance by City. Should Developer or Developer's surety
fail to act promptly or in accordance with this requirement, or should the
exigencies of the case require maintenance to be performed before Developer
can be notified, City may, at its option, perform the necessary maintenance work,
and Developer shall pay to City the actual cost of such repairs plus 15 -percent
for administration and overhead costs.
19. 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 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."
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20. 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 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.
21. Fire Protection During Construction
Fire protection facilities approved by City's Fire Chief, including all-weather
access road and an approved water supply capable of supplying the required fire
flow, shall be installed and made serviceable in accordance with the City Fire
Code (as set forth in the Lodi Municipal Code) prior to and during the time of
building construction. The above may be modified when alternate methods of
protection approved by the Fire Chief are provided.
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. City Reimbursement for Public Domestic and Industrial Sewer Waste Lines
In connection with the construction of the Improvements, Developer is
constructing and installing sewer lines (i.e., a public domestic and industrial
sewer waste lines) that are beneficial to the City ("Sewer Lines"). City agrees to
reimburse Developer for the materials cost to Developer (lowest unit cost per
lineal foot, plus tax) for such Sewer Lines, which reimbursement shall be made
within forty-five (45) days of City's acceptance of the Improvements, together
with reasonable documentation of competitive pricing or use of a competitive
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bidding process supporting the cost of the City approved materials charged to
Developer for such Sewer Lines.
24. Dwelling Occupancy
City will not allow occupancy of any building or structure within the Project until
all deferred fees have been paid, public improvements have been approved and
accepted by the Public Works Department per established City policy and other
requirements of City codes have been met. If building is started prior to
acceptance of the improvements, it is Developer's responsibility to inform all
prospective purchasers that occupancy will not be permitted until said deferred
fees are paid and public improvements are so accepted by City.
25. 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.
26. 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.
27. 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 this Agreement, and does not commence performance thereof
within five (5) days after notice to City of such election, City may take over the
work and prosecute the same to completion, by contract or by any other method
City may deem advisable, for the account and at the expense of Developer, and
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.
28. 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.
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch\Improvement Agreement\ImpAgmt Villa Fiore Unit 1 doc 9 3/13/17
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
Price Walker
Director Land Acquisition & Development
Elliott Homes, Inc.
340 Palladio Parkway, Suite 521
Folsom, CA 95630-8775
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.
29. Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
(The balance of this page is intentionally left blank.]
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30. Execution
In Witness Whereof, Developer and City have caused their names and corporate
seals to be hereunto affixed.
Elliott Homes, Inc.
An Arizona Corporation
Dated:
By
HARRY C. ELLIOTT III
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated:
By:
STEPHEN SCHWABAUER
City Manager
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM
JANICE D. MAGDICH
City Attorney
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch\Improvement Agreement\ImpAgmt Villa Fiore Unit 1.doc 11 3/13/17
Development Villa Fiore (Van Ruiten)
Developer: Elliott Homes
Engineer: Baumbach & Piazza
Date: 3/7/17
BILLING SCHEDULE EXHIBIT A
Gross Acreage:
No. of Units:
Construction cost (Bid Price)
38,58
130
DEVELOPER
COST
CREDITS
ENGINEERING
Engineering Fee
Inspection Fee
(5% of
(3.5% of
(2.5% of
(4% of
(3 5% of
(3% of
Engineering Fee Paid
Improvement Agreement Fee
ENGINEERING SUBTOTAL
$100,000) (1001.6121) $ 5,000.00
$200,000) (1001.6121) 7,000.00
$8,581,100) (1001.6121) 214,527.50
$250,000) (1001.6104) 10,000.00
$750,000) (1001.6104) 26,250,00
$7,881,100) (1001.6104) 236,433.00
(1001.6121)
(1001.6121) 2,079,00
$ 170,487.00
$ 501,289.50 $ 170,487.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees
(Charge for 1 year inspection)
Charges for work by City Forces:
Seal Coat
STREET SYSTEM SUBTOTAL
(1701,6525)
1 LS @ $ 1,925.00 $1,925.00
(1001.5411.4) 382,000 SF @ $ 0.08 $30,560.00
$32,485.00 $0.00
SEWER SYSTEM
Reimbursement of Pipe Material
36 -inch Domestic Wastewater Pipe 324 LF @ $ 122.76 $39,774.24
42 -inch Domestic Wastewater Pipe 1,.347 LF @ $ 185.55 5249,935.85
48 -inch Domestic Wastewater Pipe 1,328 LF @ $ 256.97 $341,256.16
30 -inch Industrial Wastewater Pipe 2,635 LF @ $ 84.74 $223,289.90
Estimated Reimbursement Total (At Project Acceptance) $854,256.15 '
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe Installation (1701,6525) 11,103 LF @ $
TV Inspection for Project Acceptance (1701.6525) 11,103 LF @ $
1.50 16,654.50
1.50 16,654.50
SEWER SYSTEM SUBTOTAL $33,309.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe installation (1701,6525)
TV Inspection for Project Acceptance (1701.6525)
STORM DRAIN SYSTEM SUBTOTAL
WATER SYSTEM
6,976 LF @ $
6,976 LF @ $
1.50 10,464.00
1.50 10,464.00
$20,928.00 $0.00
Charges for Work by City Forces:
8"x10" Hot Tap
1-1/2" Meter for Irrigation System
WATER SYSTEM SUBTOTAL
(1801.6522)
(1801.6522)
1 EA @ $ 8,022.27
3 EA @ $ 780.00
8,022.27
2,340.00
$10,362.27 $0.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE $598,373.77 $170,487.00
DEVELOPER
COST
Reimbursement Agreement 2007-52 $212,416.08
38.58 Acres @ $5,505.86/Acre
CREDITS
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $640,302.85
Credit for Sewer Pipeline Reimbursement at Project Acceptance 5854,256 15
Total Due for Project (negative amount reflects credit back to Developer) (5854,256 15) *
= Estimated Cost, Cost to be determined with the pipe bids provided by the developer
Park Improvements cost estimate, plan check fees, and bonding requirements are not including in this billing schedule.
DEFERRED DEVELOPMENT IMPACT MITIGATION FEES
Art In Public Places (12141.6127) 130.00 DUE @ $33.00 54,290.00
Water Facilities (1821,6122) 130.00 DUE @ $1,263,00 $164,190.00
Sewer Facilities (1731.6122) 130.00 DUE @ $1,720.00 $223,600,00
Street Improvement Facilities (3271.6122) 130.00 DUE @ $289.00 $21,790.60
(3321.6122) $15,779.40
Storm Drainage Facilities (3261,6122) 130.00 DUE @ 0.00 $0.00
Police Protection Facilities (12151.6122) 130,00 DUE @ 5307.00 $39,910.00
Fire Protection Facilities (12161.6122) 130.00 DUE @ $157.00 $20,410.00
Parks & Recreation Facilities (12171.6122) 130.00 DUE @ $1,584 00 5205,920.00
General City Facilities (12181.6122) 130.00 DUE @ 5251.00 $32,630.00
TOTAL AMOUNT OF DEFERRED FEES TO BE PAID
AT CERTIFICATE OF OCCUPANCY FOR
EACH DWELLING UNIT
5728.520.00 $0.00
RESOLUTION NO. 2017-55
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE FINAL
MAP AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
IMPROVEMENT AGREEMENT FOR THE VILLA FIORE (VAN RUITEN
RANCH) SUBDIVISION, UNIT NO. 1, TRACT NO. 3919; AND AMENDING
TRAFFIC RESOLUTION NO. 97-148
WHEREAS, Villa Fiore Subdivision, Unit No. 1, is the first phase of the multi -phase
residential development located west of Lower Sacramento Road and south of the recently -
completed Lodi Shopping Center; and
WHEREAS, Unit No. 1 consists of 130 single-family, residential lots; and
WHEREAS, the project includes the installation of all interior subdivision public
improvements and full street improvements on Century Boulevard, from Lower Sacramento
Road to its westerly boundary; and Westgate Drive, from Lodi Shopping Center to
Century Boulevard; and
WHEREAS, the developer, Elliot Homes, Inc., has requested to execute a separate
Improvement Agreement to cover the park improvement in order to expedite the other site
improvements, which includes a condition requiring the park improvements be completed prior
to final acceptance of the Unit No. 1 project; and
WHEREAS, the developer has furnished the City with improvement plans, necessary
agreements, guarantees, insurance certificates, and the required fees for the proposed
subdivision; and Development Impact Fees will be collected as part of the building permit
process prior to issuing a certificate of occupancy for each single-family residence in
accordance with Lodi Municipal Code 15.64.040; and
WHEREAS, this project is part of the Community Facilities District No. 2007-1; and
WHEREAS, because the intersection of Century Boulevard at Westgate Drive controls
the main entrance and exit points of the subdivision, a multi -way stop at this location is required;
and
WHEREAS, because Century Boulevard and Westgate Drive are the major collector
streets leading into the subdivision, these streets are required to be established as through
streets to accommodate future traffic volume and traffic operation; and
WHEREAS, the section of Westgate Drive from Lodi Shopping Center to
Century Boulevard should continue as "Restricted Truck Access" and "No Parking" on the
street; and
WHEREAS, staff recommends approving the final map for the Villa Fiore (Van Ruiten
Ranch) Subdivision, Unit No. 1, Tract No. 3919; and
WHEREAS, staff also recommends authorizing the City Manager to execute an
Improvement Agreement for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 1,
Tract No. 3919; and
WHEREAS, staff also recommends amending Traffic Resolution No. 97-148 by:
a. Amending Section 2B "Through Streets" by approving through streets on
Century Boulevard, from Lower Sacramento Road to its westerly boundary, and
Westgate Drive, from Lodi Shopping Center to Century Boulevard; and
b. Amending Section 2C "Stop Intersections" by approving a multi -way stop control
at the Century Boulevard and Westgate Drive intersection; and
c. Amending Section 8(A) "Weight Limit/Commercial Vehicle Restrictions" by
approving the prohibition of commercial vehicles over two axles on
Westgate Drive, from Lodi Shopping Center to Century Boulevard, and further
approving no -parking zones on Westgate Drive, from Lodi Shopping Center to
Century Boulevard.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the final map for the Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 1, Tract No. 3919; and
BE IT FURTHER RESOLVED that the developer, Elliot Homes, Inc., will execute a
separate Improvement Agreement to cover the park improvement at a later date in order to
expedite the other site improvements, which includes a condition requiring the park
improvements be completed prior to final acceptance of the Unit No. 1 project; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute the Improvement Agreement for the Villa Fiore (Van Ruiten Ranch)
Subdivision, Unit No. 1, Tract No. 3919; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby amend Traffic
Resolution No. 97-148 by:
a. Amending Section 2B "Through Streets" by approving through streets on
Century Boulevard, from Lower Sacramento Road to its westerly boundary; and
Westgate Drive, from Lodi Shopping Center to Century Boulevard; and
b. Amending Section 2C "Stop Intersections" by approving a multi -way stop control
at the Century Boulevard and Westgate Drive intersection; and
c. Amending Section 8(A) "Weight Limit/Commercial Vehicle Restrictions" by
approving the prohibition of commercial vehicles over two axles on
Westgate Drive, from Lodi Shopping Center to Century Boulevard; and further
approving no -parking zones on Westgate Drive, from Lodi Shopping Center to
Century Boulevard.
Dated: April 5, 2017
I hereby certify that Resolution No. 2017-55 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
2017-55
NIFER FERRAIOLO
ity Clerk