HomeMy WebLinkAboutAgenda Report - July 19, 2017 C-11CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
Com I I
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement
Agreement for Reynolds Ranch Buffer Trail Improvements along Rubicon
Apartment Project Frontage
MEETING DATE: July 19, 2017
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
Adopt resolution authorizing City Manager to execute
Improvement Agreement for Reynolds Ranch Buffer Trail
Improvements along Rubicon Apartment Project frontage.
BACKGROUND INFORMATION: The Reynolds Ranch development includes a buffer trail system
as part of the open space planning in the master plans. The
buffer trail serves as a linear park feature and also a buffer
between the Reynolds Ranch development and the "Greenbelt" agricultural cluster area identified in
the 2010 General Plan.
The proposed buffer trail consists of a 14 -foot wide paved bike/pedestrian path, benches, path lights,
shrubs and trees, and other miscellaneous improvements, as shown in Exhibit A. The buffer trail will
be opened to the public from dawn to dusk. The buffer trail improvement is part of the condition of
approval for the Rubicon Apartments project (Permit Application #20161804). The developer, Skinner
Ranch Holdings, L.P. (Developer), agrees to enter into a Public Improvement Agreement for the
construction of the buffer trail fronting the project boundary.
A standard improvement agreement would require the public improvement to be accepted by the City
prior to occupancy of the buildings. Developer is requesting an exception to allow occupancy of the
apartment buildings prior to the buffer trail improvement acceptance to expedite occupancy. This is a
reasonable request since delaying acceptance of the buffer trail improvements does not pose any
public safety impacts. The buffer trail is expected to be completed by July 2018.
Developer has furnished the City with improvement plans and the necessary agreements and
insurance certificates for the proposed work. The developer's contractor, A.M. Stephens Construction
Company, Inc., has been added to the Improvement Agreement to furnish the bonding requirements
for the developer. A.M. Stephens Construction Company, Inc., will furnish the necessary bonds and
execute the Improvement Agreement. The bonds will secure the contractor's/developer's
performance under the agreement.
Staff recommends authorizing City Manager to execute Improvement Agreement for Reynolds Ranch
Buffer Trail Improvements.
FISCAL IMPACT:
There will be an increase in long-term maintenance costs for the buffer
trail system which will be partially offset by Community Facilities District
No. 2007-1 revenue.
APPROVED.
irk d
Ste. a chwa7111,1", City Manager
K:\WP\DEV SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement IC_lmpAgrnt.doc 7/5/17
Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Reynolds Ranch Buffer Trail Improvements along Rubicon Apartment
Project Frontage
July 19, 2017
Page 2
FUNDING AVAILABLE: The project will be fully funded by the developer.
Charles E. Swimley, Jr.
Public Works Director
Prepared by Lyman Chang, City Engineer/Deputy Public Works Director
CES/LC/tdb
Attachments
cc: City Attorney Magdich
Senior Civil Engineer Nathan
Assistant Engineer Sobin
Senior Engineering Technician Wiman
Skinner Ranch Holdings, L.P.
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement \C_ImpAgmt.doc 7/5/17
CITY OF LODI
PUBLIC WORKS DEPARTMENT
[Exhibit A
Reynolds Ranch Buffer Trail
Rubicon Apartment
-.J
BUFFER TRAIL
IMPROVEMENTS BY
FUTURE RESIDENTIAL
PROJECT 1
1
I. III 1111111 f l 111 -LW
11111111_II
0
GREENBELT
BUFFER TRAIL IMPROVEMENTS
BY RUBICON APARTMENT PROJECT
itu11u11uituJli
wvrwtv_vweveiopments\Reynoias Kancn\burrer i ran\tmprovement Agreement \rceynoias rcancn burrer !ram txnioit.awg
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 BUFFER TRAIL IMPROVEMENTS
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and SKINNER RANCH HOLDINGS, L.P.,
a California corporation, hereinafter referred to as "Developer", and A.M. STEPHENS
CONSTRUCTION COMPANY, INC., a California corporation, hereinafter referred to as
"Developer's Contractor."
RECITALS:
Developer has submitted building permit application No. 20161804, and No. 20161758 through
20161770 for the development of Rubicon Apartment at Reynolds Ranch, hereinafter called
"Development" on the property more particularly described as "Revised Parcel 2" in Exhibit A and
Exhibit B.
Developer is required to construct the buffer trail system within the development boundary and to
dedicate the necessary properties for the trails to the City per the tentative map conditions
(Resolution No. 14-19).
Developer has presented to City for approval public improvement plans for the Reynolds Ranch
Buffer Trail improvements, hereinafter called "Project," to construct such public improvements.
Developer has requested approval of the public improvement plans for the construction and
completion of public improvements, including the landscape and hardscape elements in the trail
system, which are a part of or appurtenant to the Development, 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
Developer's Contractor is made a party to this Agreement solely to secure the Faithful
Performance Bonds and Labor and Materials Bonds referred to in Paragraph 10 below.
Developer's Contractor has no other obligations under this Agreement.
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 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
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail doc 1 (rev. 6129/2C
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 Sets
017D004, which is on file in the Public Works Department.
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 "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. Televideo inspection of the public storm drain lines. The fee shown on the Billing
Schedule is based on the linear footage of the 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;
B. Storm Water Permit Compliance Inspections. The fee shown on the Billing
Schedule is based on one (1) inspection per month for construction activities
covering 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;
C. Seal Coat; and
D. Water Meter Installation.
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. 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.
5. 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 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.
6. 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.
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail.doc 2 (rev 612912(
7. 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.
8. 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.
9. 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.
10. 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 18; and an amount equal to at
least 100% of the above costs, excluding deferred fees, as security for the payment of all
persons performing labor and furnishing materials in connection with this Agreement.
The City has determined these security amounts to be as follows:
Faithful Performance:
Labor and Materials:
$ 597,200
$ 597,200
11. 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 18 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.
12. Landscape Maintenance
Developer shall execute a separate landscape maintenance agreement at time of Project
acceptance to cover the maintenance of the constructed trail 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 system for a period of three
(3) 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 system as security for the maintenance cost.
13. 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
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail.doc 3 (rev. 612912(
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 14 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.
14. Developers Insurance
Developer shall not commence work under this Agreement until Developer's Contractor
shall have obtained all insurance required under this paragraph, nor shall Developer allow
any contractor or subcontractor to commence work on Developer's contract or
subcontract until all similar insurance required of the contractor or subcontractor shall
have been so obtained. All requirements herein provided shall appear either in the body
of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
A. Worker's Compensation Insurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractors' or
subcontractors' employees, unless such employees are covered by the protection
afforded by Developer. 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:
1. COMPREHENSIVE GENERAL LIABILITY
$2,000,000 Each Occurrence
$4,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail doc 4 (rev 6/29/2(
$1,000,000 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.).
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,
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.
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail.doc 5 (rev 6/29/2(
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
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.
15. 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.
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail.doc 6 (rev. 6/29/2(
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.
16. Title to Improvements
Title to, and ownership of, all public improvements constructed hereunder by Developer
shall vest absolutely in City upon completion and acceptance of such public
improvements by City.
17. Title to Trail Properties
Developer shall prepare the legal descriptions of the trail properties for the dedication to
the City. The properties shall be dedicated to the City prior to or concurrent with the
acceptance of the improvements.
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 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.
19. Mud, Debris, Dust and Erosion
Developer agrees and covenants not to permit mud or other debris to be tracked from the
construction 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.
20. 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
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_ trail doc 7 (rev. 6/2912C
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.
21. 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.
22. 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.
23. 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 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.
24. This Agreement shall run with the land and be binding on the Owner, its heirs, successors
and assigns.
25. 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. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Skinner Ranch Holdings, L.P.
1420 S. Mills Avenue, Suite M
Lodi, CA 95242
Attn: Dale Gillespie / Bart Robertson
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail doc 8 (rev 6129/2(
Notices required to be given to Developer's Contractor shall be addressed as follows:
A.M. Stephens Construction Company, Inc.
P.O. Box 1867
Lodi, CA 95241
Attn: Andrew M. Stephens
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\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail.doc 9 (rev 6/29/2(
30. Authorit
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
In Witness Whereof, Developer, City, and Developer's Contractor have caused their
names and corporate seals to be hereunto affixed.
Dated
"DEVELOPER"
SKINNER RANCH HOLDINGS,
a California corporation
By: Morse Skinner Properties, LLC, a
California limited liability company, its
general partner
By:
BARTON R. ROBERTSON
Manager
(CORPORATE SEAL)
"DEVELOPER'S CONTRACTOR"
A.M. STEPHENS CONSTRUCTION COMPANY, INC,
a California corporation
Dated. By:
Name:
Title:
Dated:
ATTEST:
JENNIFER M. ROBISON
City Clerk
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
By:
STEPHEN SCHWABAUER
City Manager
(CORPORATE SEAL)
APPROVED AS TO FORM.
JANICE D. MAGDICH, City Attorney„,,,,./
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Improvement Agreement_trail.doc 10 (rev. 6/29/2(
EXHIBIT "A"
DESCRIPTION OF REVISED PARCEL 2
All that real property situated in the State of California, County of San Joaquin, City of
Lodi, being more particularly described as follows:
Parcel 2, as shown on the Parcel Map of Reynolds Ranch, filed in the office of the
Recorder of San Joaquin County on October 6, 2016 in Book 26 of Parcel Maps, at
Page 64, San Joaquin County Records.
TOGETHER WITH that portion of Parcel 3, as shown on said Parcel Map, described as
follows:
Beginning at the Southwest corner of said Parcel 2, thence from said POINT OF
BEGINNING, along the boundary of said Parcel 2, the following two (2) courses: (1)
North 87°48'20" East, 611.21 feet; and (2) South 00°40'40" East, 18.01 feet; thence
South 87°48'20" West, 610.72 feet; thence North 02°14'28" West, 18.00 feet to the
POINT OF BEGINNING; containing 0.252 acres, more or Tess.
Revised Parcel 2 described above contains 8.818 acres, more or Tess.
EXCEPT THEREFROM the water rights conveyed to the City of Lodi in that certain
Water Rights Agreement recorded August 31, 2010 of Official Records under
Recorder's Serial Number 2010-114449, with no rights of surface entry.
End of Description
LINE TABLE
LINE
BEARING
LENGTH
L1
S0214'28"E
96.67'
L2
S08'04'18"W
42.32'
L3
N77'21'11 "E
42.32'
L4
S82'01'17"E
42.32'
L5
N87'48'20"E
86.36'
L6
N0214'28"W
496.61'
L7
N56'02'55"E
50.00'
L8
S021 4'28"E
132.08'
L9
NO2'14'28"W
18.00'
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
C1
90.00'
10'18'46"
16.20'
C2
60.00'
110'43'07"
115.94'
C3
90.00'
10'18'46"
16.20'
C4
90.00'
10'18'46"
16.20'
C5
60.00'
73'36128"
77.08'
C6
345.00'
31'42'37"
190.94'
C7
395.00'
31'42'37"
218.61'
C8
591.50'
1523'52"
158.96'
0 200' 400'
1" = 400'
NO3'07'48"
REVISED
PARCEL 3
17.892± AC.
1325.67'
N87'50'00"E 248.72'
S0210'00"E 95.18'
A=36'08'22"
L=520.37'
R=825.00' +i T' --1
..N i 1t a
L2 Y _' ►. Lr -1
✓ Yom-- 1 i
0' • L1 • p3, V.
' -�-farami -4
CL Dvf 40 ..11 . ' 1-_ i-- fi--1-1 _;
C3 Ft -1-1g. -1 r -1-1g1-1
PARCEL 2 1-_Jm1 L_ lye.. --
26 P.M. 25 T_j-.-�ixi-_+-am1 _ ,
2 F
01 1 1 1 �_ Z1 �_ 11
■ I Li -J 1-_-. -i I�-'1
� +� Ell
�)-s----ter- 1___1 L1 -L1_ ,s. -I
m L_1_- I rTaCILTON ST.,�__,
J co X1
1---1aicn1 p m
L_J031--1C
1m__r �c3
1"-y� 1NO
Z
L_ I F--iy m_1r
4 -�G
r - L R. (�/1
r--� 1 1 4, D
IW 1- , 4 J Z
i-__
( -k}
` ii k r \Y (,,I i)n PETIZEALC2 12 °81'4' u I N891 8116"ELi co I
w PARCEL 3
90 26 P.M. 25
0
0
0
2250 Douglas Blvd.
Suite 150
Roseville, CA 95661
Ph: 916.788.2884
Fax: 916.788.4408
N
500'40$40�`E 944.78'
N
W 0
50.07'
EXHIBIT "B"
LOT LINE ADJUSTMENT
PARCELS 2 & 3, "REYNOLDS RANCH", 26 P.M. 64
CITY OF LODI, COUNTY OF SAN JOAQUIN
STATE OF CALIFORNIA
DATE: 12/19/2016
PAGE 1 OF 1
BILLING SCHEDULE EXHIBIT C
Developmen Reynolds Ranch Buffer Trail Gross Acreage: 1.03
Developer: Skinner Ranch Holdings, LP No. of Units: 0
Engineer: RSC Engineering
Date: 6/20/17 Cost for Fee Calculation $597,200.00
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 $297,200) ENGFEE 7,430.00
Inspection Fee (4% of $250,000) ENGINS 10,000.00
(3.5% of $347,200) ENGINS 12,152.00
(3% of $0) ENGINS 0.00
Engineering Fee Paid ENGFEE $ 16,462.00
Improvement Agreement Fee ENGFEE 2,079.00
ENGINEERING SUBTOTAL $ 43,661.00 $ 16,462.00
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 NCO7 21,330 SF @ $ 0.08 $1,706.40
STREET SYSTEM SUBTOTAL $3,631.40 $0.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe installation PW03 706 LF @ $ 1.50 1,059.00
TV Inspection for Project Acceptance PW03 706 LF @ $ 1.50 1.059.00
STORM DRAIN SYSTEM SUBTOTAL
WATER SYSTEM
$2,118.00 $0.00
Charges for Work by City Forces:
1-1/2" Meter for Irrigation System PW02 1 EA @ $ 780.00 780.00
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
$780.00 $0.00
$50,190.40
$33,728.40
$16,462.00
FX
2 L1 -
F U
CO w
w CO
H F-
O w
0 g
W
U
re
a
2
= a
J
1 -‘a -
,,r) 0)
D a
mo
L2 C
0L'C
c Q co N 0
E ax m
O
0 ccww
Y
C
'O N
o1N O O N
O 0 a) a)c
0 7 N N C
0a ❑❑w
B COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
A. DEVELOPER COST
TOTAL COST OF PROJECT IMPROVEMENTS
0 (a
d
0000000000 0 0 0 0 O O
000000000 O 0000 O O
0 0 0 0 0 0 0 0 0 O 0 0 0 0 O O
0 0 0 0 0
Subtotal On -Site
Subtotal Electrical System
10% Engineering & Administration
o0 0 0 0 O o
O O O O O O O
O O O O O O O
O 0 0 0
Total Street System
Subtotal Storm Drain System
0 0 0 0 0 Co
0 0 0 0 0 0
O O O o 0 0
0 0 0 0 0
O
v
,C
E (7
O)�
`—E
:5 .
a) .$
0)
W 0 O
o ~
O
O 0
0 0
OD O
Subtotal Water System
10% Engineering & Administration
O O
O O
0 CO
Total Water System
0)
H
ati
.>.
co
a
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O (0 0 0 C00.000 () 0 0 0 0 0 0 0 0 0 O
ON O) 0) co Or 00 O 000(0 10 di (0010 M
0(0 (O M0 M00 00 (0 N I'- 00(O N N 0)
O N I- O N N r (O O O N 0) u 7 r M 0 0 ( O
MoO)N V hf�N CO- OO V V M COM 00 V
(9 r V V CO Mfg M CO CO r r CO
N CO 0 0 0 (9 0
0
N0001 a)MNN r 0r0 (O N01(0
10 M CO CO CO r M p 0 (0
MN 0) r N O O
CO N .4-
N .1 j
N y (1)
O O O O 0
00000
O M0) O 1O
N CO CO 0 N
0)(O M 00
0(O CO -0N
CI' 0 ea -
01
N r CO Nr
CO O0 O
O
(0
(O
Q1
r
0
O
0
01
CI) H
00
o (0
(0
0) 00
N V
0 69
t4
m
y F
0
a`
000000000000000 00000
o 0 0 0 CD 0 u) 0 0 (O 0 0 0 0 0 0 0 0 0 0
0N6600 Or00 O 000(0 10 of 60 u) ()i
O co 10 co 0 co OO 00 (0 N I� CO (O N N 0)
O NI ONNr(OOr 137010)(0 r rMOO 1)
co -M d1 W N V IT N co 00 V V M
CO- 0 -CO- 0 V
O r V V M 0) O CO (D M r (0
N CO O 0 00 0
0
00000
00000
O M0) O(0
N O D M 0 N
CO CO CO 0 O
O co- M u701
VO O O 0
0 10 0 0 0 0 0 0 0 O O O O O O O O 0 0 0 0 0
O 0') CO M 00 0 10 O O O O O O O O O O O O O 0 0
0v0(V1'-01000 00010 4 (' ui ui y ci66ciui
O O O O 0 0 010 r O V W O O a0 W )0 0 01
O I� 00 v (O N w 0(0 O• O 0(00100
u7 .0 M V (O V '0 (.0 (Y N
0 CO) 0O 0 y (9 0
�I a C) 0) U) � a
W w w J
� u0) M M CO CO - o r r
I` I --M N 0)`-N (V
(p O r
a) 01
a
0
Q
U
a)
0
Y
N
0
(0
0
0
0)
w
T- 4 u7 (O I,- CO CO rNM V
E
0
O
C
❑
E
w
N
$541,845.60
0 0 0
0 V 0
10 V O
COCa- N
•7/ -
LO 0
CO
O
O
0
0
00))
0
(9
Y
H
o
U
�W5 L23 5W 0.
0
a)
(O N N (O N r M N r >
0 I. (0 OD 0
a
C
O
0
D
o
E a) a)
a) a 0
y O o
>. O a)
CO a s w
c = c 0)
2 (15 O C ii
❑ ?
hi'-cc,
C 0
>Ea) m
a$ o ix X m
L❑ W
a)V)c W m
O. O)0) Or0 O O C
d C2 Xrn. �0
•C N C O W U 0 N m
O X 2 E O. O a) C 0 C
n 0 O
❑ w ❑ ) [ L C �. CO 3
E° m > a o co m J
Uo a) c (() U d U O 'c
- C- d� c, O 1 U c (1)
O pp p O_
D. 0 'CD :i
Uv❑ 3 UppUp� 13 LT,
2C C
ti O O
C UQ,
O `
U .5
ru C
O N
rNV(0 rMMVN F U a
TOTAL COST FOR ENGINEERING FEE CALCULATION
TOTAL IMPROVEMENT SECURITY AMOUNTS:
00
00
0 0
0 0
N
00))
69
a
0 0
0
O
O 0
0
a1 N
E m
w
N
7
o
e•
co
(L J
RESOLUTION NO. 2017-133
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
IMPROVEMENT AGREEMENT FOR REYNOLDS RANCH
BUFFER TRAIL IMPROVEMENTS
WHEREAS, the Reynolds Ranch development includes a buffer trail system as part of
the open space planning in the master plans; and
WHEREAS, the proposed buffer trail consists of a 14 -foot wide paved bike/pedestrian
path, benches, path lights, shrubs and trees, and other miscellaneous improvements; and
WHEREAS, the buffer trail improvement is part of the condition of approval for the
Rubicon Apartments project; and
WHEREAS, Skinner Ranch Holdings, L.P. (Developer), agrees to enter into a Public
Improvement Agreement for the construction of the buffer trail fronting the project boundary; and
WHEREAS, a standard improvement agreement requires the public improvement be
accepted by the City prior to occupancy of the buildings; and
WHEREAS, Developer has requested an exception to allow occupancy of the apartment
buildings prior to the buffer trail improvement acceptance to expedite occupancy, and staff feels
this is a reasonable request because the delay in accepting the buffer trail improvements does
not pose any public safety issues; and
WHEREAS, staff recommends that the City Council authorize the City Manager to
execute an Improvement Agreement with Developer for Reynolds Ranch Buffer Trail
Improvements, thus allowing the exception referenced above.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute an Improvement Agreement with Skinner Ranch
Holdings, L.P., for Reynolds Ranch Buffer Trail Improvements; and
BE IT FURTHER RESOLVED that the City Council hereby authorizes an exception,
allowing occupancy of the apartment buildings prior to the buffer trail improvement acceptance.
Dated: July 19, 2017
I hereby certify that Resolution No. 2017-133 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 19, 2017 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
,(
-)ZtAct,u4
NIFER ) FERRAIOLO
City Clerk
2017-133
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.lodi.gov
July 14, 2017
Skinner Ranch Holdings, L.P.
1420 S. Mills Avenue, Suite M
Lodi, CA 95242
Attn: Dale Gillespie / Bart Robertson
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
CHARLES E. SWIMLEY, JR.
Public Works Director
SUBJECT: Adopt Resolution Authorizing City Manager to Execute Improvement
Agreement for Reynolds Ranch Buffer Trail Improvements along Rubicon
Apartment Project Frontage
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, July 19, 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 Lyman Chang at (209) 333-
6706.
Charles E. Swimley, Jr.
Public Works Director
CES/tdb
Enclosure
cc: City Clerk