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HomeMy WebLinkAboutAgenda Report - July 11, 2017 B-02 SMCITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM 43' Z. TM AGENDA TITLE: Adopt Resolution Approving Final Maps and Authorize City Manager to Execute Improvement Agreement for Reynolds Ranch, Unit No. 2, Tract No. 3846 and Unit No. 3, Tract No. 3847 MEETING DATE: July 11, 2017 (Special Meeting) PREPARED BY: Public Works Director RECOMMENDED ACTION Adopt resolution approving final maps and authorize City Manager to execute the Improvement Agreement for Reynolds Ranch, Unit No. 2, Tract No. 3846 and Unit No. 3, Tract No. 3847. BACKGROUND INFORMATION: Unit No. 2 and 3 are the final phases of the low-density, residential units located west of Reynolds Ranch Parkway, east of the Union Pacific Railroad, and south of Lebaron Boulevard as shown on Exhibit A. Unit No. 2 consists of 51 single-family residential lots and Unit No. 3 consists of 76 single- family residential lots. The project includes the installation of all interior subdivision public improvements and street improvements on Stockton Street from Harney Lane to the north boundary of the subdivision. The south buffer trail and park/basin improvements will be constructed with Unit No. 2 and Unit No. 3, as a condition of development. As part of the tentative map conditions (Resolution No. 14-19), a water tank/well is required to be constructed for the overall Reynolds Ranch development. The developer, Skinner Ranch Holdings, L.P., has elected to construct a one -million gallon water storage tank and pump station facility to satisfy this requirement. The water storage tank and pump station facility is currently in the preliminary design phase and will be constructed by Skinner Ranch Holdings, L.P. under the terms of a separate improvement agreement. Construction is expected to be completed by summer of 2019. To coordinate the completion of the water storage tank and pump station facility with the buildout of Unit No. 3, the following conditions are made part of the improvement agreement: 1. The 35 percent design plans for the water storage tank/pump station facility shall be submitted to Public Works Department for review prior to building permit issuance of any dwellings in Unit No. 2. 2. The improvement agreement for the water storage tank/pump station facility shall be executed by the developer prior to building permit issuance of any dwellings in Unit No. 3 or prior to final inspection of any dwellings in Unit No. 2. 3. The water storage tank/pump station facility shall be at least 50 percent completed in construction status prior to any final inspection for any dwellings in Unit No. 3. • APPROVED: �! Stephe "�` - • a = , C' Manager K:\WP\DEV_SERV\Developments\Reynolds Ranch\Phases 11 & III\Improvement Agreement\CFinalMap_cs.doc 7/5/17 Adopt Resolution Approving Final Maps and Authorize City Manager to Execute Improvement Agreement for Reynolds Ranch, Unit No. 2, Tract No 3846 and Unit No. 3, Tract No. 3847 July 11, 2017 Page 2 The installation of the basin outfall at the southwest corner of the Reynolds Ranch storm water basin, the storm drain trunk line extension under the Union Pacific Railroad (UPRR) tracks, and the south wastewater trunk line extension under the UPRR tracks are required for the Reynolds Ranch subdivision development, as outlined in the said tentative map conditions. The developers, Orchard Lane — Lodi, LLC and Skinner Ranch Holdings, L.P., have requested to defer these improvements to the final phase of the overall Reynolds Ranch development. This is a reasonable request since there are no immediate needs for these facilities and staff recommends Council approve the requested deferral of these improvements. The developer, Orchard Lane — Lodi, 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 single-family residence in accordance with Lodi Municipal Code (LMC) 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 off-site public improvements that benefit other properties may be eligible for reimbursement from others. It is the developer's responsibility to request reimbursement and submit the appropriate information per LMC Section 17.62. FISCAL IMPACT: There will be an increase in long term maintenance costs for public infrastructure and City services such as police, fire, and parks, and open space maintenance. This cost will be partially offset by proceeds from the CFD. FUNDING AVAILABLE: Not applicable. Charles E. Swimley, J Public Works Director Prepared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/tb Attachments cc: City Attorney Magdich City Engineer / Deputy Public Works Director Public Works Management Analyst Senior Civil Engineer Nathan Assistant Engineer Sobin Senior Engineering Technician Wiman Orchard Lane — Lodi LLC. MCR Engineering K:\WP\DEV_SERV\Developments\Reynolds Ranch\Phases II & III\Improvement Agreement\CFinalMap_cs.doc 7/5/17 PARK gAsporvAprmTO TeillEMI11110 0059.11 16. : `ON :® *RD A0fAX,, (0111111111411111/11111Wei" 11011141.0101111bV 7 108 la 190 191 192 Ill185186 ® BROOKS STREET ®® W 1 180 ®1w1o11 171 1 209 ®i ®I®1®I� 170 Zo$ ®J SENEGAii.onY ®®® O 11®®®I®1so if 111401111UU CAVALIER WAY BASIN PARKWAY BUFFER TRAIL ME ME ME rjPREVIOULSY APPROVED DEVELOPMENT / (NOT INCLUDED IN UNIT NO. 2 & UNIT NO. 3) ME ME ME ME ME UNIT NO. 2 & 3 SUBDIVISION MAP DATE: JUNE 2017 REYNOLDS RANCH OLYMPIC AVENUE AT ISABELLA AVENUE LODI, CA 0 140 280 fficI MCR ENGINEERING, INC. 1242 DUPONT COURT MANTECA , CA 95336 ENGINEERING TEL: ( 209 ) 239-6229 FAX : ( 209) 239 - 8839 w W om WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of REYNOLDS RANCH UNIT NO. 2 & UNIT NO. 3 TRACT NO. 3846/3847 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", and Orchard Lane -Lodi, LLC, an California limited liability company, hereinafter referred to as "Developer". RECITALS: Developer is the developer of that certain real property situated in the City of Lodi, County of San Joaquin, commonly known as parcels 2 and 3 (A.P.N.: 058-65-023 AND 058-65-024) and more particularly described in Exhibit A and depicted in Exhibit B. Developer has presented to City for approval the final subdivision maps, hereinafter called "Maps", entitled "Reynolds Ranch, Unit No. 2" and "Reynolds Ranch, Unit No. 3". The Maps were filed with the Public Works Director for presentation to the City Council for approval, and are hereby referred to and incorporated herein; Developer has requested approval of the Maps prior to the construction and completion of public improvements, including all streets, highways or public ways, and public utilities and facilities which are a part of, or appurtenant to, the Reynolds Ranch Unit No. 2 & Unit No. 3 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 to approve the Maps and accept the dedications therein offered on the condition that Developer will first enter into and execute this Agreement with City and meet 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 Titles 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 D181, which is on file in the Public Works Department. The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: A. Street light installation and connection to City system. Developer may experience delays in the delivery of the required decorative street light standards. The street J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 111 doc 1 7/5/17 light standards should be ordered early in the Project schedule to avoid delay in acceptance of the public improvements by the City; B. Natural gas line installation; C. Telephone line installation; 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 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 C, and by this reference made a part hereof as though fully set forth. From payments made under the Billing Schedule, Developer elects to have the City perform or install or cause the installation of the following items: A. Street seal coat; B. Televideo inspection of the public sewer and storm drain lines. The fee shown on the Billing Schedule is based on the linear footage of sewer and storm drain pipe, including laterals, shown on the improvement plans. The fee will be adjusted, if necessary, when the televideo inspection is complete. Any additional fee must be paid prior to Project acceptance; C. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering six months period. The fee will be adjusted, if necessary, when the improvements are complete and ready for acceptance by the City. Any additional fee must be paid prior to project acceptance; D. Furnishing and installation of water meters for the public irrigation system; and E. Water meter installation for irrigation services. Developer shall also pay all additional costs for work performed by City 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 capacity, street improvements, storm drain, police, fire, parks and recreation, general City facilities, art in public places and south wastewater trunk line 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. J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 111 doc 2 7/5/17 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 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. 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. 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: $ 4,954,800.00 Labor and Materials: $ 4,954,800.00 J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 Ill.doc 3 7/5/17 13. Warranty 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 as provided under Paragraph 18 of this Agreement. The warranty 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 period for all required Project improvements shall commence upon the date of final acceptance for the entire Project. 14. Landscape Maintenance Developer shall execute a separate landscape maintenance agreement at time of Project acceptance to cover the maintenance of the constructed trail and park system. Developer shall agree to provide maintenance and upkeep of the landscape and hardscape elements including weekly trash removal from the trash cans in the trail and park system for a period of two (2) years following the date of acceptance of the improvements by the City. Developer shall furnish a Maintenance Security of at least 10% of the total cost of the public improvements inside the trail and park system as security for the maintenance cost. 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. J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 111 doc 4 7/5/17 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. 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, 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: COMPREHENSIVE GENERAL LIABILITY $5,000,000 Each Occurrence $10,000,000 General Aggregate COMPREHENSIVE AUTOMOBILE LIABILITY $5,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 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. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 Ill.doc 5 7/5/17 that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Developer; whichever is greater. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) 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. An additional named insured endorsement is also required for Auto Liability. B. Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Developer's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self- insurance and shall be at least as broad as ISO form CG 20 01 04 13. 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. D. Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. E. Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Developer shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. F. Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. G. Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Developer shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Developer shall provide proof of continuing insurance on at least an annual basis during the Term. If Developer's insurance lapses or is discontinued J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 Ill.doc 6 7/5/17 for any reason, Developer shall immediately notify the City and immediately obtain replacement insurance. H. Failure to Comply If Developer fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Developer shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Developer of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Developer shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Developer fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Developer shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. I. Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. 4. 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 street 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; and the insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. 17. 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. 18. 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, 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 J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 111 doc 7 7/5/17 Developer shall pay to City the actual cost of such repairs plus 15 -percent for administration and overhead costs. 19. Landscape Maintenance Developer shall perform regular maintenance on landscape elements, including plants and irrigation systems installed with the Project at the developer constructed park, the Stormwater retention basin, and the buffer trail along Cavalier Way 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. 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 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 is 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 for dust and erosion problems 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. 22. 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. 23. Protection of Existing Improvements Damage to any existing improvements, private or public utility lines installed or undergoing installation in which damage occurs during the onsite and offsite construction required of Developer under this Agreement, shall be the absolute responsibility and J1CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 111 doc 8 7/5/17 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. 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, and other conditions established in the City Council Resolution No. 2017 - adopted for the Project 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. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. 29. 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: J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 111 doc 9 7/5/17 Charles E. Swimley, Jr. Public Works Director City of Lodi 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 Notices required to be given to Developer shall be addressed as follows: Thomas P. Doucette Managing Member Orchard Lane -Lodi, LLC 10100 Trinity Parkway Suite 402 Stockton, CA 95219 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. 30. 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.] J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 Ill.doc 10 7/5/17 31. Execution In Witness Whereof, Developer and City have caused their names and corporate seals to be hereunto affixed. ATTEST JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney Orchard Lane -Lodi, LLC Dated By: Thomas P. Doucette Managing Member (CORPORATE SEAL) CITY OF LODI, a California municipal corporation Dated: By: STEPHEN SCHWABAUER City Manager (CORPORATE SEAL) J:\CA\CITY\DevelopmentAgreements\ReynoldsRanch\ImpAgmt RR Phases 11 Ill.doc 11 7/5/17 EXHIBIT A Order Number: 0192-3846map Page Number: 7 LEGAL DESCRIPTION Real property In the City of Lodi , County of San Joaquin, State of California, described as follows: PARCELS 2 AND 3, AS SHOWN ON THE MAP ENTITLED "REYNOLDS RANCH" FILED JULY 23, 2015 IN BOOK 26 OF PARCEL MAPS, AT PAGE 25, SAN JOAQUIN COUNTY RECORDS. EXCEPTING THEREFROM THE WATER RIGHTS CONVEYED TO THE CITY OF LODI IN THAT CERTAIN WATER RIGHTS AGREEMENT RECORDED AUGUST 31, 2010 IN OFFICIAL RECORDS UNDER RECORDER'S SERIAL NUMBER 2010-114449, WITH NO RIGHTS OF SURFACE ENTRY. APN: 058-650-230-000 (Affects Parcel 2) and 058-650-240-000 (Affects Parcel 3) First American Title Page 7 of 16 EXHIBIT B Order Number: 0192-3846map Page Number: 8 eee ICNN qm6 0 pre Nas '3911 N6'1 c i 66 'ON t 91171D1:1r_ter_ AVMN9Jr14 3Lb15 _ _ _T 1 ��� ����. �aMHN.NHfMwHw.M+HftifwwfHH.wf '� .�ry.NlhNMHHnf.hF :� . y{,� ANHyP+IOO OVOLflfV21 +•nrru..aa..r+"r.nr.+H.ww.. w.«„rf....n....Hw.w.w.u. fj 1:411r vnim on �I 7 r +'. A7NO S3Sadtlfld 2N'WSSHS5V tivd SI civil, sir:. First American Tit/e Page 8 of 16 BILLING SCHEDULE Development: Reynolds Ranch Subdivision Phase II & III Developer: Orchard Lane -Lodi, LLC Engineer: MCR Engineering Date: 7/3/17 Gross Acreage: No. of Units: Construction cost (Bid Price) EXHIBIT C 23.24 137 $4,954,800.00 DEVELOPER COST CREDITS ENGINEERING Engineering Fee (5% of $100,000) ENGFEE $5,000.00 (3.5% of $200,000) ENGFEE $7,000.00 (2.5% of $4,654,800) ENGFEE $116,370.00 Inspection Fee (4% of $250,000) ENGINS $10,000.00 (3.5% of $750,000) ENGINS $26,250.00 (3% of $3,954,800) ENGINS $118,644.00 Engineering Fee Paid ENGFEE $ 119,548.00 Improvement Agreement Fee ENGFEE $2,079.00 ENGINEERING SUBTOTAL $285,343.00 $ 119,548.00 STREET SYSTEM Fees: Storm Water Inspection Fees PW03 1 LS @ $ 1,925.00 $1,925.00 (Charge for 1 year inspection) Charges for work by City Forces: Seal Coat WKOTPW 214,120 SF @ $ 0.08 $17,129.60 STREET SYSTEM SUBTOTAL $19,054.60 $0.00 SEWER SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation PW03 7,255 LF @ $ 1.50 $10,882.50 TV Inspection for Project Acceptance PW03 7,255 LF @ $ 1.50 $10,882.50 SEWER SYSTEM SUBTOTAL $21,765.00 STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe installation TV Inspection for Project Acceptance STORM DRAIN SYSTEM SUBTOTAL WATER SYSTEM (1701.6525) 3.531 LF @ $ 1.50 (1701.6525) 3.531 LF @ $ 1.50 $5,296.50 $5,296.50 $10,593.00 Charges for Work by City Forces: 3" Meter for Park and Buffer Trail Irrigation PW02 1 EA @ $ 1,980.00 $1,980.00 WATER SYSTEM SUBTOTAL ELECTRICAL SYSTEM To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $0.00 $1,980.00 $0.00 $338,735.60 $219,187.60 $119,548.00 DEVELOPER COST CREDITS DEFERRED DEVELOPMENT IMPACT MITIGATION FEES Art In Public Places PWDF11 137.00 DUE @ $33.00 $4,521.00 Water Facilities PWDF03 137.00 DUE @ $1,263.00 $173,031.00 Sewer Facilities PWDF02 137.00 DUE @ $1,720.00 $235,640.00 Street Improvement Facilities PWDF05 137.00 DUE @ $289.00 $22,963.94 PWDF05 $16,629.06 Storm Drainage Facilities PWDF04 137.00 DUE @ 0.00 $0.00 Police Protection Facilities PWDF07 137.00 DUE @ $307.00 $42,059.00 Fire Protection Facilities PWDF08 137.00 DUE @ $157.00 $21,509.00 Parks & Recreation Facilities PWDF09 137.00 DUE @ $1,584.00 $217,008.00 General City Facilities PWDF10 137.00 DUE @ $251.00 $34,387.00 South Wastewater Trunk Line PWDF12 137.00 DUE @ $481.00 $65,897.00 TOTAL AMOUNT OF DEFERRED FEES TO BE PAID $833,645.00 $0.00 AT CERTIFICATE OF OCCUPANCY FOR EACH DWELLING UNIT 2 City of Lodi Publics Works Department COST ESTIMATE FOR IMPROVEMENT SECURITY Development: Reynolds Ranch Subdivision P506e II & III Developer: Orchard Lane -Lodi, LLC Engineer: MCR Engineering TOTAL COST OF PROJECT IMPROVEMENTS A. DEVELOPER COST tem Descriolion Quantity Unit Pnce TAW Quantity Total Site Preparation & Grading 1 Mobilization 1 LS 530,000.00 $30,000.00 1 630,000.00 2 Clearing & Grubbing 27 AC 51,337.00 635,831.60 27 $35,831.60 3 Earthwork 47,177 CY 53.00 5141,531.00 47,177 5141,531,00 4 Finished Lots 138 EA $2,005.00 5276,690.00 136 0276,690.00 5 Finish Grade ROW to ROW 1 LS $94,00000 994,000-00 1 094,000.00 6 Grading- Basin to Stockpile 33,904 CY 53.00 6101,712.00 33,904 6101,712.00 7 Finish Basin 400,000 SF 60-08 532,000.00 400,000 532,000.00 8 Aggregate Base 6" Class II (Access Road) 30,000 SF $1.10 533,000.00 30,000 533,000.00 9 Buffer Trail /Park/Basin Improvement 1 LS 5600,000 00 5600,000.00 1 5600,000.00 Street Improvements 1 Aggregate Base 4" Class II 159,240 SF 50.80 5127,392.00 159,240 5127,392.00 2 Aggregate Base 6" Class II 54,880 SF $1.10 560,366,00 54,880 $60,366.00 3 Asphalt Concrete 3-5" 110,241 SF 52.00 5220,482.00 110,241 5220,482,00 4 Asphalt Concrete 3.0" 48,999 SF 50.80 $39,199,20 46,999 539,199.20 5 Ashphall Concrete 4.5" 54,880 SF 50 90 549,392.00 54,880 549,39200 6 Survey Monuments 18 EA 5802.00 514,436,00 18 514,436.00 7 Vertical Curb & Gutter 13,116 LF 529.00 5380,364,00 13,116 5380,364,00 8 Sidewalk 40,167 LF 5700 $281,169,00 40,167 5281,169,00 9 Curb Return Incl. Ramp 20 LF $3,342.00 $66,840.00 20 $66,840.00 10 Mid -Block HC Ramp 9 EA 52,673.00 524,057.00 9 $24,057.00 11 Residential Driveway (16' Wide) 146 EA 52,005,00 5292,730,00 146 $292,730,00 12 Bus Pad 500 SF 06.50 54,250.00 500 54,250.00 13 Street Lights -Pedestal Type 100W 28 EA 54,010.00 $112,280.00 28 $112,280.00 14 Street Lights -Mast Type 250W 7 EA 53,342,00 $23,394,00 7 523,394.00 15 Signage & Striping 1 LS $12,600.00 512,600.00 1 512,600.00 16 Dead End Barricade (Standard Plan 139) 3 1002 $601.00 $1,803,00 3 51,803.00 17 Erosion & Sediment Control 23 AC 52,673.00 560,944.40 23 560,944.40 Subtotal $3,116,465.20 Stl'bmTH $3,116,465,20 Storm Drain System 1 12" Storm Drain Pipe (PVC) 709 LF 647.00 533,323.00 709 $33,323.00 2 15" Storm Drain Pipe (PVC) 1,905 LF $60.00 $114,300.00 1.905 $114,300,00 3 18" Storm Drain Pipe (RCP) 235 LF $74.00 517,390,00 235 $17,390.00 4 24" Storm Drain Pipe (RCP) 546 LF 587.00 $47,502.00 546 $47,502.00 5 30" Storm Drain Pipe (RCP) 39 LF $94.00 53,666,00 39 $3,666.00 6 36" Storm Drain Pipe (RCP) 97 LF 5107.00 510,379.00 97 $10,379.00 7 Side Inlet Catch Basin 21 EA $2,673.00 $56,133,00 21 $56,133.00 8 48' Storm Drain Manhole 10 EA $4,010.00 $40,100.00 10 540,100.00 9 Adjust Manhole to Grade 3 EA $668.00 $2,004,00 3 $2,004.00 10 Connect to Existing Storm Drain 13 EA 56,683.00 $86,879.00 13 $86,879.00 11 Stub & Plug 1 EA $250,00 $250.00 1 5250.00 Subtotal $411,926.00 Subtotal 5411,926.00 Sanitary Sewer System 1 6" Sanitary Sewer Pipe (PVC) 1,253 LF 516.00 520,048.00 1,253 $20,04600 2 8" Sanitary Sewer Pipe (PVC) 4,748 LF $29 00 5137,692.00 4,746 $137,69200 3 12" Sanitary Sewer Pipe (PVC) .655 LF $40.00 $26,200.00 655 $26,200.00 4 18" Sanitary Sewer Pipe (PVC) 599 LF $87.00 $52,113.00 599 552,113.00 5 Sanitary Sewer Manhole (48") 24 EA $3,342.00 $80,208.00 24 580,208.00 a Adjust Mahole Frame to Grade 3 EA $666.00 $2,004.00 3 $2,004.00 7 Sanitary Service with Cleanout 146 EA 5735,00 5107,310.00 146 $107,310.00 5 Connect to Existing Sanitary Sewer 5 EA $6,683.00 $33,41500 5 $33,415,00 Subtotal $458,990.00 Subtotal $458,990.00 Water System 1 8" Water Pipe (PVC) 3,836 LF $53.00 $203,308.00 3,836 $203,308.00 2 10" Water Pipe (PVC) 3,430 LF $60.00 $205,800.00 3,430 5205,800.00 3 10" Water Pipe (DIP) 260 LF $67.00 $17,420,00 260 $17,420,00 4 8" Gate Valve 14 EA $1,604.00 $22,456.00 14 522,456.00 5 10" Gate Valve 18 EA $2,005,00 536,090,00 18 836,090.00 6 Fire Hydrant Assembly 16 EA $4,010 00 564,160.00 16 $64,160.00 7 1" Water Service w/Meter Box 146 EA $1,002.00 $146,292.00 146 5146,29200 8 Blowoff (Temporary) 5 EA 5535.00 $2,675.00 5 $2,675.00 9 Connect to Existing Water 9 EA $6,683.00 $60,147.00 9 $60,147.00 10 Flushing Unit 2 EA 53,00000 $6,000.00 2 $6,000.00 11 8" Water Pipe Non Potable (PVC) 2,075 SF $53.00 5109,975.00 2,075 5109,975.00 12 8" Water Pipe Non Potable (DIP) 20 SF $60.00 01,200.00 20 $1,200,00 13 8" Gate Valve Non Potable 7 EA $1,604.00 $11,228.00 7 511,228,00 14 2" Water Service w/Meter Box Non Potable 1 EA $1,337 00 $1,337.00 1 $1,337.00 15 Connect to Existing Non Potable Water 4 EA $6,683.00 526,732.00 4 $26,732,00 16 Temp Blow Off Non Potable 2 EA $535.00 51,070.00 2 51,070.00 Subtotal 5915,890.00 Sabfafal $915,890.00 Total $4,903,271.20 Twat $4,903,271.20 Total Construction Cost Subject to Engineering Fee Calculation (A. Developer Cost) Construction Engineering & Slaking LID 1% t As -built Plans & Certifications TOTAL COST FOR ENGINEERING FEE CALCULATION $4,903,271 20 $49,032 71 $2,500.00 A. Total $4,954,800,00 Faithful Performance: 100% of A $4,954,800.00 Labor & Materials: 100% of A 54,954,800.00 Acres: 03 24 Date: 7/3/17 Lots: 137 IS, COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER Quantity Total $0.00 50.00 $0.00 $0.00 5o.o0 $o. 00 $0.00 $0 00 $000 0 00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 Subtotal Street System - On -Site $0.00 10% Engineering & Administration 0.00 Total Street System $0,00 6000 0.00 Q00 0.00 0 00 Q00 0.00 Q00 0 00 0.00 000 Subtotal Storm Drain System 50.00 1.0% Engineering & Administration 0.00 Total Storm Drain System 50.00 $0.00 50.00 $8.00 $0-00 50.00 0.00 0.00 0.00 Subtotal Sanitary Sewer System 50.00 10% Engineering & Administration 0.00 Total Sanitary Sewer System 80.00 Subtotal Water System 10% Engineering & Administration Total Water System 50.00 50 00 50.00 $0 00 $0 00 50 00 $0 00 50.00 0 00 0.00 0 00 $0-00 $0 00 50 00 50 00 $0 00 50 00 0 00 50 00 B. Total $0 00 REYNOLDS RANCH UNIT NO. 2 & NO. 3 CONTRACT SURETY BOND PUBLIC IMPROVEMENTS (Faithful Performance) Bond No KNOW ALL MEN BY THESE PRESENTS' WHEREAS, the CITY OF LODI, a municipal corporation, hereinafter designated "Beneficiary", and hereinafter designated "Principal", have entered into, each with the other, a contract for the construction of "Public Improvements for Reynolds Ranch Unit No. 2 and Unit No. 3", (the "Contract") which Contract is on file in the office of the Public Works Director of the City of Lodi, reference to which is hereby made, and which is hereby incorporated herein and made a part hereof, and WHEREAS, said Principal has agreed and is obligated by the terms of said Contract to do and perform certain work, guarantee said work for a period of one year, and to discharge and perform and carry out certain other obligations in said Contract in accordance with the terms and provisions of said Contract, with the plans and specifications adopted therefor and incorporated therein and now on file with and in the office of the Public Works Director of the City of Lodi and with all applicable ordinances, rules and regulations of the City of Lodi, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for faithful performance of said Contract, NOW, THEREFORE, we, said Principal, as Principal, and , (a Corporation, company, etc.), duly organized and existing under the laws of the State of , and duly authorized to transact business in the State of California, as Surety, are held and firmly bound to said Beneficiary in the sum of Four Million Nine Hundred Fifty Four Thousand Eight hundred and 00/100 Dollars ($4,954,800.00), lawful money of the United States of America, to be paid to said Beneficiary, for the payment of which sum well and truly to be made we and each of us bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above -bounden Principal, or Principal's successors or assigns, shall in all things stand to and abide by and well and truly keep and perform each and all of the covenants, terms, conditions and obligations in said Contract on the Principal's part to be kept and performed, and any and all alterations thereof made as therein provided at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall release, defend, hold harmless and indemnify Beneficiary and its officers, employees and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified thereof, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Lodi in enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligation on this bond, and it hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the plans and specifications. Surety, by the execution of this bond, represents and warrants that Surety is an "admitted surety insurer" as defined in California Code of Civil Procedure section 995.120(a), that this bond has been duly executed by said Principal with proper authority, and Surety hereby waives any defense which it might have by reason of any failure of Principal to properly execute this bond. FPBOND DOC _1_ In the event suit is brought upon this bond and judgment is recovered by Beneficiary, Principal and Surety, jointly and severally, shall be liable to Beneficiary for court costs and for reasonable attorney's fees. IN WITNESS WHEREOF, this bond has been executed by the aforesaid Principal and Surety on SURETY: PRINCIPAL: NAIC No. By: By: Agent (CORPORATE SEAL) Address Address APPROVED AS TO FORM. Janice D. Magdich, City Attorney FPBOND.DOC 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, Date Here Insert Name, Title of the Officer - e.g., "Jane Doe, Notary Public" personally appeared Name(s) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the law of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FPBOND DOC 3 REYNOLDS RANCH UNIT NO. 2 & NO. 3 CONTRACT SURETY BOND PUBLIC IMPROVEMENTS (Labor and Materials) Bond No. KNOW ALL MEN BY THESE PRESENTS. WHEREAS, the CITY OF LODI, a municipal corporation, hereinafter designated "Beneficiary", and hereinafter designated "Principal", have entered into a contract for the construction of" Public Improvements for Reynolds Ranch Unit No. 2 and Unit No. 3", (the "Contract") which Contract is on file in the office of the Public Works Director of the City of Lodi, reference to which is hereby made, and which is hereby incorporated herein and made a part hereof; and WHEREAS, said Principal has agreed and is obligated by the terms of said Contract to do and perform certain work and to discharge and perform and carry out certain other obligations in said Contract in accordance with the terms and provisions of said Contract, with the plans and specifications adopted therefor and incorporated therein and now on file with and in the office of the Public Works Director of the City of Lodi, and with all applicable ordinances, rules and regulations of the City of Lodi; and WHEREAS, under the terms of the Contract, and section 9550(a) of the California Civil Code (the "Civil Code"), Principal is required, to file a good and sufficient payment bond with the City of Lodi for labor performed and materials furnished for the aforesaid work and to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code with respect to such work; NOW THEREFORE, we, said Principal, as Principal, and a corporation, duly organized and existing under the laws of the State of , and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Lodi and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code , said persons collectively referred to hereinafter as "Beneficiaries", in the sum of Four Million Nine Hundred Fifty Four Thousand Eight Hundred and 00/100 Dollars ($4,954,800.00) lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Lodi in enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Principal or Principal's subcontractors shall fail to pay for any materials or supplies used in, upon, for, or about the performance of the aforesaid work under the aforesaid Contract, or for any work or labor of any kind thereon, or for any sums of money due under the Unemployment Insurance Act of the State of California with respect to such work or labor, or for any sums of money due persons entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code with respect to such materials, supplies, work, or labor, the aforesaid Surety will pay in full the claims of all claimants, the same in an amount not to exceed the sum of this bond specified above, and also in case suit is brought upon this bond, will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred LMBOND DOC - 1 - by Beneficiaries in enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in any judgment therein rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligation on this bond, and it hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the plans and specifications. Surety, by the execution of this bond, represents and warrants that Surety is an "admitted surety insurer" as defined in California Code of Civil Procedure section 995.120(a), that this bond has been duly executed by said Principal with proper authority, and Surety hereby waives any defense which it might have by reason of any failure of Principal to properly execute this bond. In the event suit is brought upon this bond and judgment is recovered by Beneficiaries, Principal and Surety, jointly and severally, shall be liable to Beneficiaries for court costs and for reasonable attorneys fees as an additional obligation under this bond. IN WITNESS WHEREOF, this bond has been executed by the aforesaid Principal and Surety on SURETY: PRINCIPAL: NAIC No. By: By: Agent (CORPORATE SEAL) Address Address APPROVED AS TO FORM: Janice D. Magdich, City Attorney LMBOND DOC -2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, Date Here Insert Name, Title of the Officer - e.g., "Jane Doe, Notary Public" personally appeared Name(s) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the law of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature LMBOND.DOC - 3 RESOLUTION NO. 2017-126 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING FINAL MAPS AND AUTHORIZING THE CITY MANAGER TO EXECUTE IMPROVEMENT AGREEMENT FOR REYNOLDS RANCH SUBDIVISION, UNIT NO. 2, TRACT NO. 3846, AND UNIT NO. 3, TRACT NO. 3847 WHEREAS, Reynolds Ranch Subdivision Units No. 2 and 3 are the final phases of the low-density residential units located west of Reynolds Ranch Parkway, east of the Union Pacific Railroadand south of Lebaron Boulevard; and WHEREAS, the project includes the installation of all interior subdivision public improvements and street improvements on Stockton Street from Harney Lane to the north boundary of the subdivision; and WHEREAS, as part of the tentative map conditions (Resolution No. 2014-19), a water tank/well is required to be constructed for the overall Reynolds Ranch development; and WHEREAS, the following conditions are made part of the Improvement Agreement: 1. The 35 percent design plans for the water storage tank/pump station facility shall be submitted to the Public Works Department for review prior to building permit issuance of any dwellings in Unit No. 2. 2. The Improvement Agreement for the water storage tank/pump station facility shall be executed by the developer prior to building permit issuance of any dwellings in Unit No. 3 or prior to final inspection of any dwellings in Unit No. 2. 3. The water storage tank/pump station facility shall be at least 50 percent completed in construction status prior to any final inspection for any dwellings in Unit No. 3. WHEREAS, the developers, Orchard Lane — Lodi, LLC, and Skinner Ranch Holdings, L.P., have requested to defer the installation of the basin outfall at the southwest corner of the Reynolds Ranch storm water basin, the storm drain trunk line extension under the Union Pacific Railroad (UPRR) tracks, and the south wastewater trunk line extension under the UPRR tracks which are required for the Reynolds Ranch subdivision development, as outlined in the tentative map conditions, to the final phase of the overall Reynolds Ranch development. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the final maps for Reynolds Ranch Subdivision, Unit No. 2, Tract No. 3846, and Unit No. 3, Tract No. 3847; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Improvement Agreement for Reynolds Ranch Subdivision, Unit No. 2, Tract No. 3846, and Unit No. 3, Tract No. 3847, including additional conditions as set forth above; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve deferral of certain public improvements, as set forth above. Dated: July 11, 2017 I hereby certify that Resolution No. 2017-126 was passed and adopted by the City Council of the City of Lodi in a special meeting held July 11, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None --y- i �1NIFERfl. FERRAIOLO ity Clerk 2017-126