HomeMy WebLinkAboutAgenda Report - May 17, 2017 C-10CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
c -.Io
TM
AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
Improvement Agreement for Luca Place Subdivision, Tract No. 3622
MEETING DATE: May 17, 2017
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Adopt resolution approving final map and authorizing City Manager
to execute Improvement Agreement for Luca Place Subdivision,
Tract No. 3622.
The Luca Place Subdivision is located at 1380 Westgate Drive, as
shown on Exhibit A. The private development consists of 16 low
density residential lots.
The project includes the installation of the public water system and frontage improvements which are part
of or appurtenant to the project. Improvements along Westgate Drive include installation of access
driveways, sidewalk, and pavement repair.
All interior improvements, with the exception of the water main, are private. Private improvements
include the drive aisle pavement, curb, gutter, private storm drain system, private sewer system, street
lights, and masonry walls that will be maintained by the property owners and governed by a Declaration
of Covenants, Conditions and Restrictions (CC&Rs). The CC&Rs will include the appropriate
mechanisms to assess, collect, and enforce the obligations.
The developer, Cecil Mitchell Equities, 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
issuance of a certificate of occupancy for each low-density residence in accordance with Lodi Municipal
Code 15.64.040. Once the City Manager executes the Improvement Agreement, the developer may
commence work on public improvements associated with the subdivision.
This project has been annexed into the Consolidated Landscape Maintenance District (LMD) No. 2003-1.
The public hearing was held on May 7, 2008. The final map approval for the subdivision reflects the
annexation of these 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 for landscape maintenance
in the public right-of-way will be offset by proceeds from the LMD. The
development is not subject to Communities Facilities District 2007-1 (CFD)
annexation requirements because the existing tentative map was
conditioned and approved prior to the CFD formation in 2007.
APPROVED:
ah
(k10/14,4104:16shwa: ity Manager
K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement Agreement\C_ImprovementAgmt LucaPlace.doc 5/2/17
Adopt Resolution Authorizing City Manager to Approve Final Map and Execute Improvement Agreement for The Luca Place Subdivision, Tract No. 3622
May 17, 2017
Page 2
FUNDING AVAILABLE: Not applicable.
aid 2 Lf8-Q
Charles E. Swimley, Jr.
Public Works Director
Prepared by Kimberly Sobin
CES/KS/tdb
Attachments
cc: City Attorney
City Engineer / Deputy Public Works Director
Senior Civil Engineer
Senior Engineering Technician Wiman
Cecil Mitchell Equities, LLC
Baumbach & Piazza, Inc.
K:\WP\DEV SERV\ Developments\Residential\Luca Place\Improvement Agreement\C_ImprovementAgmt LucaPlace.doc 5/2/17
4
V
R Public Water Main
rtIr
0
0
Chardonnay Ln.
'
----------,-------------------------------Kettle m a n Ln /Hwy 12'--------------------------------------�
1380 Westgate Dive
EXHIBIT A
User: ksobin
Path: K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement Agreement\C_ImpAgmtLucaPlaceExhA.mxd
W E
1 in = 200 ft
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
LUCA PLACE SUBDIVISION
TRACT NO. 3622
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal
corporation, hereinafter referred to as "City", and Cecil Mitchell Equities, LLC, a California limited liability
company referred to as "Developer."
RECITALS:
Developer has presented a final subdivision map to the City for approval, hereinafter called "Map"; entitled "Luca
Place, Tract No. 3622" 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 construct a public water system to serve the Development as outlined in the 2005
Tentative Subdivision Map conditions that were subsequently amended and approved in 2015.
Developer has presented to City for approval of the public improvement plans for Luca Place, 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 and private storm drain and sanitary sewer
facilities 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 006D004, 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. Natural gas line installation; and
K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement AgreementImprovement Agreement Luca Place.doc
4/25/17
1
B. Telephone line installation; and
C. Electrical system; and
D. 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. Construction inspection of the private sewer and storm drain mains. The private sewer system
will be inspected up to the cleanout for each property.
B. Televideo inspection of the private 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. 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 wastewater, neighborhood parks, art in public places and
electrical 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 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. Covenants Conditions and Restrictions.
The subdivision will be governed by a Declaration of Covenants, Conditions and Restrictions (CC&Rs)
organized and established pursuant to California law. The Developer shall provide the proposed 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, shared driveways,
common landscaping and shared exterior walls and treatments. 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
K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement Agreement\Improvement Agreement Luca Place doc
4/25/17
2
the final map. The CC&Rs shall require Developer to fund its share of the maintenance obligations
related to the lots it has not sold on a pro rata basis.
6. Private Utilities
The Developer shall notify all purchasers of homes or lots, either through the Department of Real Estate
Subdivision Report or, if there is no Subdivision Report, through a statement signed by each buyer and
submitted to the City, that this subdivision is served by private sewer and storm drain facilities to be
owned, operated, and maintained under the sole direction of the community's Covenants, Conditions
and Restrictions. 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 for 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 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: $ 136,100.00
Labor and Materials: $ 136,100.00
K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement Agreement\ Improvement Agreement Luca Place.doc
4/25/17
3
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
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,
K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement Agreement\Improvement Agreement Luca Place doc
4/25/17
4
Developer and any contractor or subcontractor performing work covered by this Agreement from
claims for damages for personal injury, including death, as well as from claims for property damage
which may arise from the Project or the Project property, including any public streets or easements,
from Developer's or any contractors' or subcontractors' operations hereunder, whether such
operations be by Developer or any contractor or subcontractor or by anyone directly or indirectly
employed by either Developer or any contractor or subcontractor, and the amount of such insurance
shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$2,000,000 Bodily Injury - Each Occurrence/Aggregate
$2,000,000 Property Damage - Each Occurrence/Aggregate
or
$4,000,000 Combined Single Limit
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Each Person
$1,000,000 Bodily Injury - Each Occurrence
$1,000,000 Property Damage - Each Occurrence
or
$1,000,000 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.
K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement Agreement\Improvement Agreement Luca Place.doc
4/25/17
5
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.
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
K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement Agreement\Improvement Agreement Luca Place doc
4/25/17
6
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.
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:
Benjamin C. Bazar
Managing Member
Cecil Mitchell Equities, LLC
220-A Standiford Avenue
Modesto CA, 95350
K:\WP\DEV_SERV\Developments\Residential\Luca Place\Improvement Agreement\Improvement Agreement Luca Place doc
4/25/17
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\Luca Place\Improvement Agreement\Improvement Agreement Luca Place.doc
4/25/17
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"
Cecil Mitchell Equities, LLC
Dated By:
Benjamin C. Bazar, Managing Member
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\Luca Place\ Improvement Agreement\Improvement Agreement Luca Place.doc
4/25/17
9
Developmen Luca Place
Developer: Cecil Mitchell Equities, LLC
Engineer: Baumbach & Piazza, Inc
Date: 4/24/17
EXHIBIT A
BILLING SCHEDULE
Gross Acreage:
No of Units:
Construction cost (City Cost Schedule)
2.18
16
$209,800.00
DEVELOPER
COST
CREDITS
ENGINEERING
Engineering Fee (5% of $100,000) (ENGFEE) $ 5,000 00
(3.5% of $109,800) (ENGFEE) 3,843.00
Inspection Fee (4% of $209,800) (ENGINS) 8,392.00
Engineering Fee Paid (ENGFEE) $ 8,007.00
Improvement Agreement Fee (ENGFEE) 2,079.00
ENGINEERING SUBTOTAL $ 19,314.00 $ 8,007.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees (PW03) 1 LS @ $ 1,925.00 $1,925.00
(Charge for 1 year inspection)
STREET SYSTEM SUBTOTAL
PRIVATE SEWER SYSTEM
Charges for Work by City Forces:
TV Inspection for pipe installation (PW03)
TV Inspection for Project Acceptance (PW03)
PRIVATE SEWER SYSTEM SUBTOTAL
Pk1VATE STQRM DRAIN SYSTEM
Charges for Work by City Forces:
TV Inspection for pipe installation (PW03)
TV Inspection for Project Acceptance (PW03)
PRIVATE STORM DRAIN SYSTEM SUBTOTAL
ELECTRICAL SYSTEM
444 LF @ $
444 LF @ $
455 LF @ $
455 LF @ $
$1,925.00 $0.00
1.50 666.00
1.50 666.00
$1,33200 $0.00
1 50 682.50
1.50 682.50
$1,365.00 $0.00
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE $23,936.00 $8,007.00
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $15,929.00
Exhibit B
DEFERRED DEVELOPMENT IMPACT MITIGATION FEES
Art In Public Places (IMFART) 16.00 DUE @ $80.00 $1,280.00
Water Facilities (IMFWTR) 16.00 DUE @ $0.00 $0.00
Sewer Facilities (IMFWW) 16 00 DUE @ $4,225.00 $67,600.00
Street Improvement Facilities (IMRGN) 16.00 DUE @ $0.00 $0 00
(IMRGN) $0 00
Storm Drainage Facilities (IMFSTD) 16.00 DUE @ 0.00 $0.00
Police Protection Facilities (IMFPOL) 16.00 DUE @ $0 00 $0.00
Fire Protection Facilities (IMFFIR) 16.00 DUE @ $0.00 $0.00
Neighborhood Park Facilities (IMFP&R) 16.00 DUE @ $2,541.00 $40,656 00
General City Facilities (IMFGEN) 16.00 DUE @ $0.00 $0.00
TOTAL AMOUNT OF DEFERRED FEES TO BE PAID $109,536.00
AT CERTIFICATE OF OCCUPANCY FOR
EACH DWELLING UNIT
$0.00
J
CITY OF LODI
PUBLIC WORKS DEPARTMENT
EXHIBIT B
Development Impact Mitigation Fee
Summary Sheet
4/24/2017
Subdivision: Luca Place _ n/a
Name Tract # File #
Parcel: n/a
Address Permit #
Developer/Owner: Cecil Mitchell Equities, LLC
Name
220-A Standiford Ave, Modesto CA, 95350
Address
Project Description: Single Family Residential Subdivision (16 Lots)
GP Land Use Category: LDR
Parcel Project (if different)
Fee Category Account # F Adj.
1) Water Facilities 56200000.57501 $ 0.00 (1) PWDF03
2Z Wastewater Facilities 53300000.57501 .$ 4,225.00 (2) PWDF02
) Storni Drainage Facilities 53500000.57501 $ 0.00 17 PWDF04
4L Street improvements 30800000.57501 $ 0.00 rIr PWDF05
5) Police Protection Facilities 43500000.57501 $ 0.00 (1) PWDF07
6) Fire Protection Facilities 43600000-57501 $ 0.00 (') PWDF08
7) Parks & Recreation Facilities 43700000.57501 $ 0.00 PWDF09
7a) Neighborhood Park Facilities 43900000.57501 .$ 2,541.00 () PWDF13
8) General City Facilities 43800000.57501 $ _ 0.00 (1) PWDF10
9) Electrical Facilities 50500000.57501 $ 0.00 (9)v PWDF01
10) Art in Public Places 43400000.57504 L 80.00 (4) PWDF11
11) South Wastewater Trunk Line 53300000.57505 $ 0.00 (1) PWDF12
F = Fee per unit
B = Number of units
T = Total Fee for service category = FXB.
B (1)
0.00
16.00
0.00
0.00
T _ _
0.00
67,600.00
0.00
0.00
0.00
$ 0.00
0.00
0.00
$ 0.00
$ 0.00
16.00
$ 40,656.00
0.00
0.00
16.00
0.00
o.00
0.00
$ Limo
$ 0.00
Total 1-11: $ 109,536.00
Total: $ 109,536.00
due prior to Occupancy
Notes:
1 Water, Storm Drain, Street, Police, Fire and General City Facilities Impact fees were paid on 5/18/2007, IF020301.
2. The Wastewater Capacity Fee is based on water meter size. Wastewater capacity based on domestic 3/4 -inch water meter, 1 -inch meter installed due to
fire sprinkler requirements only.
3 Neighborhood Park Faclilites impact fee is based on low-density occupancy
4. Art in Public Places impact fee is based on low-density occupancy.
By:
Date Billed:
Date Paid:
Approved: Record #:
RESOLUTION NO. 2017-90
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE FINAL MAP AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE IMPROVEMENT AGREEMENT FOR
LUCA PLACE SUBDIVISION, TRACT NO. 3622
WHEREAS, the Luca Place Subdivision is located at 1380 Westgate Drive; and
WHEREAS, the private development consists of 16 low-density residential lots; and
WHEREAS, the project includes the installation of the public water system and frontage
improvements, which are part of or appurtenant to the project. Improvements along
Westgate Drive include installation of access driveways, sidewalk, and pavement repair; and
WHEREAS, the developer, Cecil Mitchell Equities, 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 issuance of a certificate of occupancy for each low-density residence in
accordance with Lodi Municipal Code Section 15.64.040; and
WHEREAS, this project has been annexed into the Consolidated Landscape
Maintenance District (LMD) No. 2003-1; and
WHEREAS, staff recommends approving the final map and authorizing the City Manager
to execute the Improvement Agreement for Luca Place Subdivision, Tract No. 3622.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the final map for Luca Place Subdivision, Tract No. 3622; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute the Improvement Agreement for Luca Place Subdivision, Tract
No. 3622.
Dated: May 17, 2017
I hereby certify that Resolution No. 2017-90 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 17 2017 by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler and Mounce
ABSTAIN: COUNCIL MEMBERS — None
NIFER
City Clerk
2017-90
yn.�,cnna,.caQu
FERRAIOLO
CITY COUNCIL
DOUG KUEHNE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
MARK CHANDLER
BOB JOHNSON
JOANNE MOUNCE
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706 / FAX (209) 333-6710
EMAIL: pwdept@lodi goy
www.lodi.gov
May 10, 2017
BAUMBACH & PIAZZA, INC.
323 WEST ELM STREET
LODI, CA 95240
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
CHARLES E. SWIMLEY, JR.
Public Works Director
SUBJECT: ADOPT RESOLUTION APPROVING FINAL MAP AND AUTHORIZING
CITY MANAGER TO EXECUTE IMPROVEMENT AGREEMENT FOR
LUCA PLACE SUBDIVISION, TRACT NO. 3622
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, May 17, 2017. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Kimberly Sobin at (209) 333-
6716.
f}/ Charles E. Swimley, Jr.
Public Works Director
CES/tdb
Enclosure
cc: City Clerk
CITY COUNCIL
DOUG KUEHNE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
MARK CHANDLER
BOB JOHNSON
JOANNE MOUNCE
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706 / FAX (209) 333-6710
EMAIL: pwdept@lodi.gov
www Jodi qav
May 10, 2017
CECIL MITCHELL EQUITIES, LLC
ATTN: BENJAMIN C. BAZAR, MANAGING MEMBER
220-a STANIFORD AVENUE
MODESTO, CA 95350
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
CHARLES E. SWIMLEY, JR.
Public Works Director
SUBJECT: ADOPT RESOLUTION APPROVING FINAL MAP AND AUTHORIZING
CITY MANAGER TO EXECUTE IMPROVEMENT AGREEMENT FOR
LUCA PLACE SUBDIVISION, TRACT NO. 3622
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, May 17, 2017. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Kimberly Sobin at (209) 333-
6706.
r�-
Charles E. Swimley, Jr.
Public Works Director
CES/tdb
Enclosure
cc: City Clerk