HomeMy WebLinkAboutAgenda Report - April 18, 2018 C-13TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C43
AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
Improvement Agreement for The Vine, Unit No. 2 at Vintner's Square, Tract No.
3898 and Amendment to the Improvement Agreement for The Vine, Unit No. 1 at
Vintner's Square Subdivision, Tract No. 3865
MEETING DATE: April 18, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution approving final map and authorizing City Manager
to execute Improvement Agreement for The Vine, Unit No. 2 at
Vintner's Square, Tract No. 3898 and Amendment to the
Improvement Agreement for The Vine, Unit No. 1 at Vintner's Square Subdivision, Tract No. 3865.
BACKGROUND INFORMATION: Unit No. 2 is the second phase of The Vine Subdivision, which is
bounded by Lower Sacramento Road, Taylor Road, Westgate Drive,
and the northerly property line of the Vintner's Square Shopping
Center, as shown on Exhibit A. The entire gated development (Units No. 1 and No. 2) consist of 57
single-family, residential lots. The improvements to be constructed in Unit No. 2 are reflected in Exhibit B
and consist of 24 single-family residential lots. The developer is Vintner's Square, LLC (Developer).
Unit No. 2 includes the installation of all private interior subdivision improvements along with street
frontage improvements on Taylor Road and Westgate Drive. The improvements along Taylor Road and
Westgate Drive consist of masonry wall, landscape, and driveway improvements. Underground utilities
including public water mains, private storm drain pipes, and private wastewater pipes will also be
installed on-site to serve the subdivision.
All private improvements inside the interior private street, including the street pavement, curb, gutter,
sidewalk, private storm drain system, private sewer system, street lights, walls, and landscape elements
will be maintained by the Home Owner Association (HOA). The HOA will include the appropriate
mechanisms to assess, collect, and enforce the HOA obligations.
Developer 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 15.64.040. Upon the City Manager
executing the Improvement Agreement for Unit No. 2, Developer may commence work on public
improvements associated with the subdivision. Staff recommends authorizing the City Manager to
execute Improvement Agreement for The Vine, Unit No. 2 at Vintner's Square, Tract No. 3898.
The Improvement Agreement for Unit No. 1 included a condition to underground the existing AT&T and
Comcast overhead utilities along the south side of Taylor Road and to provide a security in the amount of
$242,500, the estimated cost to perform the work at that time. The Improvement Agreement for Unit No.
APPROVED: V>��eke-
Ste:'en chwabauer, ity Manager
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Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for The Vine, Unit No 2 at Vintner's Square, Tract No
3898 and Amendment to the Improvement Agreement for The Vine, Unit No. 1 at Vintner's Square Subdivision, Tract No. 3865
April 18, 2018
Page 2
1 allows the City to call the bond and cause the undergrounding work to be performed by Developer
within 24 months of the execution date of the Agreement.
Developer requested the City extend this requirement an additional 18 months and to provide an option
of allowing Developer to opt out of the condition for the amount of the security. Considering there are
existing PG&E overhead utilities that cannot be placed underground at this location, the community
benefit of undergrounding the smaller, AT&T and Comcast overhead infrastructure is not significant. For
this reason, Staff concurs this request is reasonable and recommends authorizing City Manager to
execute the Amendment to the Improvement Agreement for The Vine, Unit No. 1 at Vintner's Square
Subdivision, Tract No. 3865. The Developer has agreed to pay an improvement agreement amendment
fee in the amount of $10,000.
This project is part of the Community Facilities District No. 2007-1, Annexation No. 4 (Public Services)
(CFD).
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. Some cost will be partially offset by proceeds from the
CFD.
FUNDING AVAILABLE: Not applicable.
Charles E. Swimley, Jr,
Public Works Director
Prepared by Lyman Chang City Engineer/Deputy Public Works Director
CES/LC/tdb
Attachments
cc: City Attorney
City Engineer / Deputy Public Works Director
Senior Civil Engineer
Senior Engineering Technician Wiman
Grupe Company
MCR Engineering
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UNIT NO. 2 SUBDIVISION MAP
EXHIBIT C
DATE: MARCH, 2018
THE VINE AT VINTNERS SQUARE
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LODI, CA
75 150
MCR ENGINEERING, INC.
1242 DUPONT COURT
MANTECA , CA 95336
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UNIT NO. 2 SUBDIVISION PHASING MAP
EXHIBIT B
DATE: MAR, 2018
THE VINE AT VINTNERS SQUARE
TAYLOR ROAD AT LOWER SACRAMENTO ROAD
LODI, CA
75 150
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ENGINEERING
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MCR ENGINEERING, INC.
1242 DUPONT COURT
MANTECA , CA 95336
TEL : ( 209) 239 - 6229
FAX : ( 209) 239 - 8839
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
THE VINE, UNIT NO. 2 AT VINTNER'S SQUARE
TRACT NO. 3898
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal
corporation, hereinafter referred to as "City", and VINTNER SQUARE, LLC, a California Limited
Liability Company, hereinafter referred to as "Developer".
RECITALS
WHEREAS, Developer is the developer of that certain real property situated in the City of Lodi,
County of San Joaquin, commonly known as A.P.N. 027-42-015 and more particularly described in
Exhibit A and depicted in Exhibit B. Developer has presented to City for approval the final
subdivision map, hereinafter called "Map", entitled "The Vine, Unit No. 2 At Vintner's Square,"
attached as Exhibit C. The Map was filed with the Public Works Director for presentation to the
City Council for approval, and is hereby referred to and incorporated herein;
WHEREAS, Developer has requested approval of the Map prior to the construction and completion
of public improvements, including all streets, highways or public ways and public utility facilities
which are located within Taylor Road and Westgate Drive street right-of-ways and a public water
main and fire hydrants located in the private streets within the subdivision serving Lots 34-57 as
shown on Exhibit C, hereinafter collectively 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 designee;
WHEREAS, Council of the City will accept the dedications offered on condition that Developer first
enter into and execute this Agreement with City; and
WHEREAS, this Agreement is executed pursuant to the provisions of the Subdivision Map Act of
the State of California and Title 15 and 17 of the Lodi City Municipal Code (LMC).
NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in
order to insure satisfactory performance by Developer of Developer's obligations under State law
and City Code, the parties agree as follows:
1. Performance of Work by Developer.
Developer will do and perform, or cause to be done and performed at Developer's own
expense, in a good and workmanlike manner, and furnish all required materials, all under
the direction and to the satisfaction of the Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the Project, Plan Set
D175, 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.
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B. Natural gas line installation;
C. Telephone line installation;
D. Electrical system;
E. Cable television system; and
F. Developer will install landscape elements and irrigation along Taylor Road and
Westgate Drive, to the satisfaction of City. Following City's acceptance of the
landscape improvements, Developer will be required to maintain the landscaping for
two (2) years.
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 Map by City, it is agreed that the Developer shall deposit with
City the amount of money shown as the "Developer Cost" on the Billing Schedule attached
hereto as Exhibit D and by this reference made a part hereof as though fully set forth.
From payments made under the Billing Schedule, Developer elects to have City perform or
install or cause the installation of the following items:
A. Inspection of the on-site private sewer and storm drain pipes; and
B. Televideo inspection of the private sewer and storm drain lines. The fee shown on
the Billing Schedule is based on the linear footage of sewer and storm drain pipe,
including laterals, shown on the improvement plans. The fee will be adjusted, if
necessary, when the televideo inspection is complete. Any additional fee must be
paid prior to Project acceptance;
Developer shall also pay all additional costs for work performed by City, or its agents,
deemed by the Public Works Director necessary to complete the work under this
Agreement in conformance with City Standards.
4. Development Impact Mitigation Fees.
Development Impact Mitigation Fees for wastewater and electrical facilities are required for
this Project. Payment of the Development Impact Mitigation Fees shall be collected prior
to issuance of Certificate of Occupancy for each dwelling. All other Development Impact
Mitigation Fees were paid at the time the map for the Vintner's Square Shopping Center
was recorded. In conformance with LMC Section 15.64.050, the fees are automatically
adjusted on January 1st of each year. Fees may also be adjusted at other times by
separate City Council action. The actual fees to be paid will be those in effect at the time
of payment. This Agreement shall in no way limit City's ability to charge Developer the
fees in effect at the time Developer pays the fees.
5. Homeowners Association.
The subdivision will be governed by a Homeowners Association (HOA) organized and
established pursuant to California law. The Developer shall provide the HOA's proposed
Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to the Community
Development Department for review and approval prior to recordation of the final map.
The CC&Rs shall contain appropriate mechanisms for the permanent ongoing
maintenance of areas, including but not limited to the private storm drain system, private
sewer system, curb, gutter, sidewalk, street pavement, street lights, common landscaping,
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shared exterior walls and treatments, and shared drives. The CC&Rs shall include
appropriate mechanisms to assess and collect assessments for said maintenance and the
ability to enforce adherence to the CC&Rs. The CC&Rs shall clearly provide that each
homeowner is responsible for compliance with the CC&Rs and also responsible and liable
for their renter's violations of the CC&Rs. The CC&Rs shall address guest parking and
garbage pick-up (i.e., when and how long trash bins can be on the street). Following
approval of the CC&Rs by the Community Development Department, the CC&Rs shall be
recorded prior to or concurrent with the final map. The CC&Rs shall require Developer to
fund its share of the maintenance obligations related to the lots it has not sold on a pro
rata basis.
6. Private Utilities.
The Developer shall notify all purchasers of homes or lots, either through the Department
of Real Estate Subdivision Report or, if there is no Subdivision Report, through a
statement signed by each buyer and submitted to City, that this subdivision is served by
private sewer and storm drain facilities to be owned, operated, and maintained under the
sole direction of a private Homeowners Association. The wording and format for notifying
home buyers under this Paragraph 6 is subject to approval by the Community
Development Director.
7. 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 17.40.
8. 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 under 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.
9. 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 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.
10. Record Drawings and Certifications.
Prior to acceptance of the Project public improvements, Developer shall have installed and
in place all survey monuments as shown on the Map and provided record drawings and
certifications as described in the City of Lodi Public Improvement Design Standards.
11. 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.
12. Superintendence by Developer.
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Developer shall 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.
13. 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. 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.
14. Contract Security.
Concurrently with the execution of this Agreement, Developer shall furnish:
(1)
Faithful Performance. Improvement Security of at least 100% of the estimated
cost of public improvements plus deferred fees and engineering costs of
surveying, record drawings and certifications as security for the faithful
performance of this Agreement; and
(ii) Labor and Materials. 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
as more fully described in the State Subdivision Map Act.
The City has determined these security amounts to be as follows:
Faithful Performance $ 225,300.00
Labor and Materials $ 225,300.00
Such security may be provided by bond or a letter of credit in favor of City. Upon
completion of the Project, such security shall be returned to Developer (i.e., the letter of
credit may be extinguished) following the completion of the Project and acceptance of the
Project by City.
15. Warranty Security
Prior to acceptance of the Project public improvements by City, Developer shall furnish
Warranty Security of at least 10% of the total cost of the Project public improvements as
security for repair or replacement of defective work under Paragraph 19 of this Agreement.
The warranty period shall be two (2) years following the date of acceptance of the
improvements. 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 Project.
16. 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 for 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 elective and appointive 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:
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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 17 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.
17. Developers Insurance.
Developer shall not commence work under this Agreement until Developer shall have
obtained all insurance required under this paragraph, nor shall Developer allow any
contractor or subcontractor to commence work on Developer's contract or subcontract
until all similar insurance required of the contractor or subcontractor shall have been so
obtained. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
A. Compensation Insurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractors' or
subcontractors' employees, unless such employees are covered by the protection
afforded by Developer. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation Statute, the Contractor shall provide and shall cause each
subcontractor to provide insurance for the protection of said employees. A waiver of
subrogation is required for workers compensation insurance. This policy may
not be canceled nor the coverage reduced without 30 days prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine
Street, Lodi, CA, 95240. Developer hereby indemnifies City for any damage resulting
to it from failure of either Developer or any contractor or subcontractor to take out or
maintain such Worker's Compensation insurance.
B. Comprehensive General and Automobile Insurance
Developer shall take out and maintain during the life of this Agreement such insurance
as shall insure City, its elected and appointed boards, commissions, officers, agents,
and employees, Developer and any contractor or subcontractor performing work
covered by this Agreement from claims for damages for personal injury, including
death, as well as from claims for property damage which may arise from the Project or
the Project property, including any public streets or easements, from Developer's or
any contractors' or subcontractors' operations hereunder, whether such operations be
by Developer or any contractor or subcontractor or by anyone directly or indirectly
employed by either Developer or any contractor or subcontractor, and the amount of
such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$5,000,000 Bodily Injury - Each Occurrence/Aggregate
$5,000,000 Property Damage - Each Occurrence/Aggregate
or
$10,000,000 Combined Single Limit
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2. COMPREHENSIVE AUTOMOBILE LIABILITY
$5,000,000 Bodily Injury - Each Person
$5,000,000 Bodily Injury - Each Occurrence
$5,000,000 Property Damage - Each Occurrence
or
$10,000,000 Combined Single Limit
Developer must have comprehensive automobile liability only if Developer's vehicles
are used for the Project or on the Project property.
NOTE: The City of Lodi is now using the online insurance program PINS
Advantage. Once you have been awarded a contract you will receive an email
from the City's online insurance program requesting you to forward the email to
your insurance provider(s). Please see attached flyer regarding PINS
Advantage.
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,
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
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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
for any reason, Developer shall immediately notify the City and immediately obtain
replacement insurance.
Evidence of Insurance
Developer shall furnish City, concurrently with the execution of this Agreement, with
satisfactory evidence of the insurance required and evidence that each carrier is required
to give City at least 30 days prior notice of the cancellation or reduction in coverage of any
policy during the effective period of this Agreement. The address of the City of Lodi must
be shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street, Lodi, CA,
95240.
18. Title to Improvements.
Title to, and ownership of, all public improvements constructed hereunder by Developer
shall vest absolutely in City upon completion and acceptance of such public improvements
by City.
19. Repair or Reconstruction of Defective Work.
If, within a period of two (2) years after final acceptance by City of the work performed
under this Agreement, any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Developer, or any of the work
done under this Agreement, including the mitigation measures for dust and erosion
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control, fails to fulfill any of the requirements of this Agreement plans and specifications
referred to herein, Developer and Developer's surety shall, without delay and without cost
to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Developer or Developer's surety fail to act promptly
or in accordance with this requirement, or should the exigencies of the case require repairs
or replacements to be made before Developer can be notified, City may, at its option,
make the necessary repairs or replacements or perform the necessary work, and
Developer shall pay to City the actual cost of such repairs plus 15% for administration and
overhead costs.
20. Repair or Replacement of City -Owned Bypass Meter Assemblies.
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. City will supply these assemblies upon
receipt of a deposit in the amount of $5,000.00 for each assembly required. The purpose
of the deposit is to guarantee the return of the assembly in good condition and fulfillment of
the other obligations shown in the City's Policies and Procedures entitled "Metering Water
Usage of New Water Mains Requiring Temporary Bypasses".
21. Mud, Debris, Dust and Erosion.
Developer agrees and covenants not to permit mud or other debris to be tracked from the
Project 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 and/or agents shall be responsible so no dust or
erosion problems are created during construction, including installation of telephone,
electrical, cable television and gas facilities. Developer's responsibility for dust and
erosion control shall extend to include a period of two (2) years from the date of final
acceptance by City of the work performed under this Agreement.
If a dust or erosion problem arises during development or within a period of two (2) years
from the date of final acceptance by City of the work performed under this Agreement,
including but not limited to installation of telephone, electrical, cable television, and/or gas
facilities, and has not, after notice, been abated by Developer within a specified period of
time, City shall cause the same to be controlled, and Developer shall be charged with the
cost of said control.
22. Fire Protection During Construction.
Fire protection facilities approved by the 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 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 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. Damage to any
K:\WP\DEV_SERV\Developments\Residential\Taylor Road\Improvement Agmt\Unit 2\Imp Agmt Unit 2.doc
8
(rev 4/4/20186)
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
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.
Developer shall have a period of ten (10) business days from the receipt of such notice to
cure such breach or default, or, in the event such breach or default takes in exess of ten
(10) business days to cure, to commence such cure and diligently prosecute such cure to
completion. City shall not exercise any remedies unless Developer fails to cure such
breach or default within the ten (10) business day period.
27. Breach of Agreement; Performance by Surety or City.
In the event Developer fails to cure such default pursuant to Paragraph 26 above,
Developer's surety shall have the duty to take over and complete the work and the
improvements herein specified; provided however, that if the surety, within five (5) days
after the serving upon it of such notice of breach, does not give City written notice of its
intention to take over the performance of the contract, and does not commence
performance thereof within five (5) days after notice to City of such election, City may take
over the work and prosecute the same to completion, by contract or by any other method
City may deem advisable, for the account and at the expense of Developer, and
Developer's surety shall be liable to City for any excess cost or damage occasioned City
thereby; and, in such event, City, without liability for so doing, may take possession of, and
utilize in completing the work, such materials, appliances, plant and other property
belonging to Developer as may be on the site of the work and necessary therefor.
28. Notices.
All notices and other communications herein required or permitted 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 pre -paid, 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:
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9
(rev. 4/4/20186)
Charles E. Swimley, Jr.
Public Works Director
221 West Pine Street
P. 0. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Vintner Square, LLC
3255 West March Lane, Suite 400
Stockton, CA 95219
Attention: Chris Conklin
Notices required to be given to Developer's agent shall be addressed as follows:
Vintner Square, LLC
3255 West March Lane, Suite 400
Stockton, CA 95219
Attention: Chris Conklin
Notices required to be given to surety shall be addressed as follows:
Atlantic Specialty Insurance Company
Erin Bautista, Attorney -in -Fact
ABD Insurance & Financial Services
5448 Thornwood Drive
San Jose, CA 95123
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 remainder of this page intentionally left blank.]
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29. Authority.
The undersigned hereby represent and warrant that they are authorized by the parties they
purport to represent to execute this Agreement.
In Witness Whereof, Developer and City have caused their names to be hereunto affixed and the
City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers
thereunto duly authorized.
Date
CITY OF LODI, a municipal corporation
VINTNER SQUARE, LLC
A California limited liability company
By:
Grupe Investment Company, Inc.
a California corporation
It's Managing Member
Name
Title
(CORPORATE SEAL)
By
Stephen Schwabauer, City Manager Date
ATTEST:
Jennifer M. Ferraiolo
City Clerk Date
APPROVED AS TO FORM:
Janice D. Magdich, City Attorney
K:\WP\DEV_SERV\Developments\Residential\Taylor Road\Improvement Agmt\Unit 2\Imp Agmt Unit 2 doc
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(rev. 4/4/20166)
EXHIBIT A
THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF SAN JOAQUIN, CITY OF
LODI, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
"Surveyed Designated Remainder", as shown on the Subdivision Map of Tract No. 3865 entitled
"The Vine, Unit No. 1 at Vintners Square", filed for record on September 27, 2016, in Book 42 of
Maps, at Page 70, of Official Records of San Joaquin County.
EXCEPT THEREFROM all appropriative or prescriptive water rights as imparted in that certain
"Water Rights Agreement', in the favor of the City of Lodi, a municipal corporation, recorded
September 27, 2016, in Official Records under Recorder's Serial Number 2016-116993.
APN: 027-420-15
EXHIBIT B
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DevelopmenThe Vine, Unit No. 2
Developer: VINTNER SQUARE. LLC
Engineer MCR Engineering
Date: 3/8/18
BILLING SCHEDULE EXHIBIT D
Gross Acreage: 3 78
No of Units: 24
Engineer Estimate $356,100 00
DEVELOPER
COST CREDITS
NGINEERING
Engineering Fee (5% of
(3,5% of
(2,5% of
Inspection Fee (4% of
(3.5% of
(3% of
Improvement Agreement Fee
$100,000) (1001,6121)
$200,000) (1001,6121)
$56,100) (1001,6121)
$250,000) (1001.6104)
$106,100) (1001.6104)
$0) (1001.6104)
(1001.6121)
Engineering Fee Paic (1001.6121)
ENGINEERING SUBTOTAL
$ 5,000.00
7,000.00
1,402.50
10,000.00
3,713, 50
0.00
2,143, 00
$ 29,259.00 $
0.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees
24 months
STREET SYSTEM SUBTOTAL
(1001,6121) 1 LS @ $ 3,760.00
$3,760.00
$3,760.00
$000
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection- Before Trench Backfi (1701.6525) 668 LF @ $ 1.50 1,002.00
TV Inspection - Prior to Acceptance (1701.6525) 668 LF @ $ 1.50 1,002.00
Pipe Cleaning Deposit (1701.6525) 668 LF @ $ 3.00 2,004.00
The money is for cleaning the pipe for construction material deposit in the public sewer main
during house construction period. Any unused money will be refunded if cleaning is proven not necessary
Wth 90% built out of the houses.
SEWER SYSTEM SUBTOTAL $4,008.00
$0.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection- Before Trench Backfi (1701.6525) 675
TV Inspection - Prior to Acceptance (1701.6525) 675
STORM DRAIN SYSTEM SUBTOTAL
LF@$
LF @ $
1.50 1,012.50
1.50 1,012.50
$2,025.00
$0.00
WATER SYSTEM
Charges for Work by City Forces:
None
WATER SYSTEM SUBTOTAL
$0.00
$0.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
SUBTOTAL AMOUNT OF BILLING SCHEDULE
$39,052.00
$39,052.00
$0.00
DEFERRED DEVELOPMENT IMPACT MITIGATION FEES
IMPACT FEES (EXCEPT FOR WASTEWATER AND ELETRIC) HAS BEEN PAID WITH VINTNER'S SQUARE DEVELOPMENT
REMAINING FEES SHALL BE BILLED SEPARATELY AND TO BE PAID
AT CERTIFICATE OF OCCUPANCY FOR
EACH DWELLING UNIT
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL
$39,052 00
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
AMENDMENT TO THE
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
THE VINE, UNIT NO. 1 AT VINTNERS SQUARE
TRACT NO. 3865
THIS AMENDMENT is made and entered into by and between the CITY OF LODI, a
California municipal corporation, hereinafter referred to as "City", and VINTNER
SQUARE, LLC, a California limited liability, hereinafter referred to as "Developer."
RECITALS:
Developer and City entered into an Improvement Agreement for the Public
Improvements of The Vine, Unit No. 1 At Vintners Square Tract No. 3865, dated
January 27, 2017, to outline the responsibilities of City and Developer for the
development of The Vine, Unit No. 1 At Vintners Square Tract No. 3865 (hereinafter
"Improvement Agreement"); and
NOW THEREFORE, in addition to the terms and conditions set forth in the Improvement
Agreement, the parties agree to revise Section 1. F., 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 D175, 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:
F. AT&T Cables underground work.
Developer agrees to provide security in the amount of $242,500.00 for
undergrounding AT&T facilities in the form of a Letter of Credit in favor of City. If
the underground work is not performed no later than 18 months from the date of
the execution of this Amendment, Developer agrees to deposit a cash payment in
the amount of $242,500.00 with City in exchange of the Letter of Credit. If the
cash payment is not received by City within 10 days after written notice by City to
Developer, City will draw down the Letter of Credit.
Developer agrees to pay the Improvement Agreement Amendment Fee in the
amount of $10,000.
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2. Execution
In Witness Whereof, Developer and City have caused their names and corporate
seals to be hereunto affixed.
Dated:
Dated:
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH
City Attorney
VINTNER SQUARE, LLC
A California limited liability company
CHRIS CONKLIN
Vice President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
STEPHEN SCHWABAUER
City Manager
(CORPORATE SEAL)
K:\WP\DEV_SERV\Developments\Residential\Taylor Road\Improvement Agmt\Amend Imp Agree Unit 1.doc 2 4/5/2018
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
THE VINE, UNIT NO. 1 AT VINTNERS SQUARE
TRACT NO. 3865
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal
corporation, hereinafter referred to as "City", and VINTNER SQUARE, LLC, a California Limited
Liability Company, hereinafter referred to as "Developer".
RECITALS
WHEREAS, Developer has presented to City for approval a final subdivision map based on the
Vesting Tentative Map approved by the Lodi Planning Commission on August 26, 2015, pursuant
to Resolution No. 2015-16), entitled "The Vine, Unit No. 1 at Vintners Square hereinafter called
"Map". The Map was filed with the Public Works Director for presentation to the City Council for
approval, and ishereby referred to and incorporated herein;
WHEREAS, Developer has requested approval of the improvement plans (Plan Set D175) prior to
the final approval of the Map. The public improvement plans include all streets, highways or public
ways and public utility facilities which are located within Taylor Road, Lower Sacramento Road and
Westgate Drive street right-of-ways; and a public water main and fire hydrants located in the
private streets within the subdivision serving Lots 1-33 and Lots A and B, a part of, or appurtenant
to, the subdivision (The Vine, Unit No.1) as shown on Exhibit A, by this reference made a part
hereof, 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;
WHEREAS, City Council will adopt a resolution approving the Map and accepting the dedications
therein offered at a later date on condition that the real property described in the Map shall be
annexed into the Community Facilities District (CFD) No. 2007-1 and that Developer first enters
into and executes this Agreement with City and meets the requirements of said resolution; and
WHEREAS, this Agreement is executed pursuant to the provisions of the Subdivision Map Act of
the State of California and Title 15 and 17 of the Lodi City Municipal Code (LMC).
OPERATIVE PROVISIONS
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 Devetooer.
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 the Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the project, Plan Set
D175, 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 light
standards should be ordered early in the project schedule to avoid delay in acceptance
of the public improvements by the City;
J:1CA\CITY1Contracte\PUBLIC WORKSIVIntners Square\Improvement agreement Rev2_Vlne-FINAL,doc
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B. Natural gas line installation;
C. Telephone line installation;
D. Electrical system;
E. Cable television system; and
F. Undergrounding the AT&T and Comcast facilities on the south side of Taylor Road
from Lower Sacramento Road to Westgate Drive. Developer shall provide a security
to the City for the total cost of the said work, including the replacement value of the
landscape elements which will be disturbed with the undergrounding work. The term
of the security shall be 36 months. The City may use the security to perform the
undergrounding work if the work is not performed by the Developer no later than 24
months after the execution of this Agreement.
The security amount for the undergrounding work under this Secion 1.F. is determined
to be $242,500.00.
G. Developer will install landscape areas along Taylor Road, Westgate Drive and Lower
Sacramento Road. Following City's acceptance of the landscape improvements,
Developer will be required to maintain the landscaping for two (2) years.
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 Map by 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 B 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 protect acceptance;
C. Two one -inch water meters for the irrigation services; and
D. Storm drain system modification as outlined in the Vintners Square Development
Storm Water Analysis. Developer shall reimburse the City for any additional cost
associated with the said storm drain system modification/upgrade. City shall
refund any unused money to Developer when the system upgrade is completed.
Developer shall also pay all additional costs for work performed by City forces deemed by
the Public Works Director necessary to complete the work under this Agreement in
conformance with City Standards.
4. Development impact Mitigation Fees.
Development Impact Mitigation Fees for wastewater and electrical facilities are required for
this project. Payment of the Development Impact Mitigation Fees shall be collected prior
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to issuance of Certificate of Occupancy for each dwelling. All other Development Impact
Mitigation Fees were paid at the time the map for the Vintner's Square Shopping Center
was recorded. In conformance with LMC Section 15.64.050, the fees are automatically
adjusted on January 18t of each year. Fees may also be adjusted at other times by
separate City Council action. The actual fees to be paid will be those in effect at the time
of payment. This Agreement shall in no way limit City's ability to charge Developer the
fees in effect at the time Developer pays the fees.
5. Homeowners Association.
The subdivision will be governed by a Homeowners Association (HOA) organized and
established pursuant to California law. The Developer shall provide the HOA's proposed
Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to the Community
Development Department for review and approval prior to recordation of the final map.
The CC&Rs shall contain appropriate mechanisms for the permanent ongoing
maintenance of areas, including but not limited to the private storm drain system, private
sewer system, curb, gutter, sidewalk, street pavement, street lights, common landscaping,
shared exterior walls and treatments and shared drives. The CC&Rs shall include
appropriate mechanisms to assess and collect assessments for said maintenance and the
ability to enforce adherence to the CC&Rs. The CC&Rs shall clearly provide that each
homeowner is responsible for compliance with the CC&Rs and also responsible and liable
for their renter's violations of the CC&Rs, The CC&Rs shall address guest parking and
garbage pick-up (i.e., when and how long trash bins can be on the street). Following
approval of the CC&Rs by the Community Development Department, the CC&Rs shall be
recorded prior to or concurrent with the final map. The CC&Rs shall require Developer to
fund its share of the maintenance obligations related to the lots it has not sold on a pro
rata basis.
6. Private Utilities.
The Developer shall notify all purchasers of homes or lots, either through the Department
of Real Estate Subdivision Report or, if there is no Subdivision Report, through a
statement signed by each buyer and submitted to the City, that this subdivision is served
by private sewer and storm drain facilities to be owned, operated, and maintained under
the sole direction of a private Homeowners Association. The wording and format for
notifying home buyers under this Paragraph 6 is subject to approval by the Community
Development Director.
7. 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 17,40.
8. 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 under 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.
Developer is required to provide all-weather access to Lower Sacramento Road or
Westgate Drive for the residences located on the north side of Taylor Road at all time
except during critical construction operations with the approval of the Public Works
Director. Contractor shall not commence reconstruction of Taylor Road in the months of
November through February in anticipation of rainy and cold weather unless approved by
the Public Works Director.
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9. 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 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.
10. Record Drawings and Certifications.
Prior to acceptance of the Project public improvements, Developer shall have installed and
In place all survey monuments as shown on the Map and provided record drawings and
certifications as described in the City of Lodi Public Improvement Design Standards.
11. 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.
12. Superintendence by Developer,
Developer shall 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.
13. 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. 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.
14. Contract Security.
Concurrently with the execution of this Agreement, Developer shall furnish:
(i) Faithful Performance. Improvement Security of at least 100% of the estimated
cost of public improvements plus deferred fees and engineering costs of
surveying, record drawings and certifications as security for the faithful
performance of this Agreement; and
(ii) Labor and Materials. 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
as more fully described in the State Subdivision Map Act.
The City has determined these security amounts to be as follows:
Faithful Performance $ 922,200.00
Labor and Materials $ 922,200.00
Such security may be provided by a letter of credit in favor of City. Upon completion of the
Project, such security shall be returned to Developer (i.e., the letter of credit may be
extinguished) following the completion of the Project and acceptance of the Project by City.
15. Warranty Security
Prior to acceptance of the Project public improvements by City, Developer shall furnish
Warranty Security of at least 10% of the total cost of the Project public improvements as
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security for repair or replacement of defective work under Paragraph 20 of this Agreement,
The warranty period shall be two (2) years following the date of acceptance of the
improvements. 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 Project.
16. 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 for 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 elective and appointive 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 17 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.
17. pevelopers Insurance,
Developer shall not commence work under this Agreement until Developer shall have
obtained all insurance required under this paragraph, nor shall Developer allow any
contractor or subcontractor to commence work on Developer's contract or subcontract
until all similar insurance required of the contractor or subcontractor shall have been so
obtained, All requirements herein provided shall appear either In the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
A. Compensation Insurance.
Developer shall maintain, during the life of this Agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractors' or
subcontractors' employees, unless such employees are covered by the protection
afforded by Developer. 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 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 elective and appointive 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 on the project
J:\CA\CITY\Contracts\PUBLIC WORKSMntners Squareumprovement agreement Rev2_Vlne-FINAL,doc 5
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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
$5,000,000 Bodily Injury - Each Occurrence/Aggregate
$5,000,000 Property Damage - Each Occurrence/Aggregate
or
$10,000,000 Combined Single Limit
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$5,000,000 Bodily Injury - Each Person
$5,000,000 Bodily Injury - Each Occurrence
$5,000,000 Property Damage - Each Occurrence
or
$10,000,000 Combined Single Limit
Developer must have comprehensive automobile liability only if Developer's vehicles
are used on-site.
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
unaccepta ble.
A copy of the certificate of insurance with the following endorsements shall be
furnished to the City:
A. Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed boards, commissions, officers, agents and employees as
additional named insured insofar as work performed by the insured under written
contract with the City of Lodi. This endorsement shall be on the form furnished by
City and shall be included with Developer's policies.
B. Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the additional insureds shall
apply as primary insurance. Any other insurance maintained by the City of Lodi or
its officers and employees shall be excess only and not contributing with the
insurance afforded by this endorsement.
C. Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of
more than one insured shall not operate to increase the limit of the company's
liability.
18. Evidence of Insurance,
Developer shall furnish City, concurrently with the execution hereof, with satisfactory
evidence of the insurance required by Paragraph 17 of this Agreement and evidence that
J:\CA\CITY\Contrects\PUBLIC WORKS\Vintners Square\Improvement agreement Rev2 Vlne-FINAL,doc 6
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each carrier is required to give City at least 30 days prior notice of the cancellation or
reduction in coverage of any policy during the effective period of this Agreement. The
address of the City of Lodi must be shown on the certificate of insurance, i,e., City of Lodi,
221 West Pine Street, Lodi, CA, 95240.
19. 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.
20. 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.
21. Repair or Replacement of City -Owned Bypass Meter Assemblies.
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. City will supply these assemblies upon
receipt of a deposit in the amount of $5,000.00 for each assembly required. The purpose
of the deposit is to guarantee the return of the assembly in good condition and fulfillment of
the other obligations shown in the City's Policies and Procedures entitled "Metering Water
Usage of New Water Mains Requiring Temporary Bypasses".
22. Mud. Debris, Oust and Erosign.
Developer agrees and covenants not to permit mud or other debris to be tracked from the
Project 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 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.
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23. Fire Protection During Construction.
Fire protection facilities approved by the 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 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.
24. 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. 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.
25. Dwelling Occupancy.
City will not allow occupancy of any building or structure within the Project until all deferred
fees have been paid, public improvements have been approved and accepted by the
Public Works Department per established City policy and other requirements of City Codes
have been met. If building is started prior to acceptance of the improvements, it is
Developer's responsibility to inform all prospective purchasers that occupancy will not be
permitted until said deferred fees are paid and public improvements are so accepted by
City.
26. 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.
27. 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.
Developer shall have a period of ten (10) business days from the receipt of such notice to
cure such breach or default, or, in the event such breach or default takes In exess of ten
(10) business days to cure, to commence such cure and diligently prosecute such cure to
completion. City shall not exercise any remedies unless Developer fails to cure such
breach or default within the ten (10) business day period.
28. Breach of Agreement: Performance by Surety or City,
In the event Developer falls to cure such default pursuant to Paragraph 27 above,
Developer's surety shall have the duty to take over and complete the work and the
improvements herein specified; provided however, that if the surety, within five (5) days
after the serving upon it of such notice of breach, does not give City written notice of its
intention to take over the performance of the contract, and does not commence
performance thereof within five (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
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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.
29. Notices.
All notices and other communications herein required or permitted 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 pre -paid, 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
221 West Pine Street
P. 0. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Vintner Square, LLC
3255 West March Lane, Suite 400
Stockton, CA 95219
Attention: Chris Conklin
Notices required to be given to Developer's agent shall be addressed as follows:
Vintner Square, LLC
3255 West March Lane, Suite 400
Stockton, CA 95219
Attention: Chris Conklin
Notices required to be given to surety shall be addressed as follows:
Atlantic Specialty Insurance Company
Erin Bautista, Attorney -in -Fact
ABD Insurance & Financial Services
5448 Thornwood Drive
San Jose, CA 95123
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.
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30. Authority.
The undersigned hereby represent and warrant that they are authorized by the parties they
purport to represent to execute this Agreement.
In Witness Whereof, Developer and City have caused their names to be hereunto affixed and the
City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers
thereunto duly authorized.
ate
CITY OF LODI, a municipal corporation
VINTNER SQUARE, LLC
A California limited liability company
By:
Grupe Investment Company, Inc.
a CaliF9ris corporation
It's Managing Member
Name: e -i14 , 6 CarLlf ti
Title NIT,
(CORPORATE SEAL)
rf
By: ',Z h 't�
St ph e 3 wabauer, �itY M. nager Date
ATTEST:
n fifer M. Fed Iola
Clerk
fa 1\ Ak .Lt -8-)
APPROVED AS TO FORM:
D. Magdich, City Attorney
Date
J:1CA\Cr1Y\Contracts \PUBLIC WORKS\Vintners Square\Improvement agreement Rev2_VIne-FINAL.tloc 10
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C27-0.-93
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022-160-6J
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027-060-10
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027.062-42; 027-01C0- 13
027-060-27 b27-060-291 022-050.27
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011110001 S(NJME 0N0PPiNG 000TCp
027-620-0'7
007-420-L6
UNIT NO. 1 SUBDIVISION MAP
EXHIBIT A
DATE: JUNE, 2016
THE VINE AT VINTNERS SQUARE
TAYLOR ROAD AT LOWER SACRAMENTO ROAD
LODI, CA
0 75 150
mcn MCR ENGINEERING, INC,
12.42 DUPONT COURT
A, 95336
ENGINEERING TEL: (209)239-6229
FAX : ( 209) 239.8839
City or Lodl
Pudica Works Department
usr.Nopn,ant Thy Vase, Brit 11611
DeYeopsr Motor Square, 11.0.
Engineer. MGR Engineering
TOTAL COST OF PROJECT IMPROVEMENTS
Ilam 1
5108.0 0011.m
1 D.,nol01on 1 LS 96,000,00 95,000.00 1 96,000.00
2 Sile Clearing & Grubbing 1,605 LS 525,00 639,075.00 1,583 039,075.00
3 Taylor Rad (5' AC/10- AB) 33,773 6F 4.30 146,223.90 33.773 146,223.90
4 Rural DrW6woy 13 EA 1,911,00 24,043,00 13 24,043.00
5 6' Vertical Curb & Duffer 1.073 LF 20,00 30,044.00 1,073 30,044.00
0 Sidewalk 5,541 SF 7.00 30,767.00 6,541 38,787,00
7 Curb Relums will, Ramp 2 EA 3,106,00 6.370,00 2 6,370,00
6 Conmek Ddvmvey Apron 62Entry 1 LS 6,360.00 0,309.00 1 0,306,00
9 Centerline Monuments 1 EA 704.00 764,00 1 784.00
10 Stree1U9nt 7 EA 3,165.00 22,285,00 7 22,295,00
11 Striping 6519nage 1 LS 0,000,00 8,000,00 1 0,000.00
12 0' Masonry Wall 850 LF 127.00 109,220.00 060 109,220.00
13 Landscape 6 lyd5atlon 0,573 SF 19.00 05,449.00 6,573 05,449.00
Subtotel 9519,439,90 50010181 9510,439.90
A. DEVELOPER COST
QuantlN 4BIt Pdrm 7g91d DAM( SAW
$loon Drain Eh/km
1 12" Stone Drain Pipe (PVC) 71 LF 945.00 93,195,00 71 93,195.00
2 16' Storm Drain Pipe (PVC) 498 LF 57 00 20,366.00 498 20,308,00
3 24" Storm Drain Pipe (RCP) 32 LF 83.00 2.056.00 32 2,858,00
4 30° Stam Drain Plpe (RCP) 709 LF 89.00 83,101,00 709 63,101.00
6 36" Storm Drain Plpe (RCP) 10 LF 102 00 1,020.00 10 1,020.00
6 4B' Storm Drain Menhde 6 EA 3,822,00 19.110,00 3 19,110.00
7 Skier Inlet Catch Basin 3 EA 2,548.00 7,044.50 3 7,844,00
8 Drop Inlet Catch Basin 1 EA 1,911,00 1.911,00 1 1,911,00
5 Plug 5 Fill Ex Pipe 2 EA 1,200.00 2,400.00 2 2,400,00
10 Connect to F,datMg 2 EA 6,36900 12.738.00 2 12,735,00
11 Stub & Plug 1 EA 1,200.00 1,200.00 1 1,200,00
Subetel 5143,301.00 3ubontrl 3143,361.00
COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Acres;
Dale: 8/29116
Loh; 33
B. COST OF CITY -FUNDED FACIUT1ES TO BE BUILT BY DEVELOPER
Quantity S5dal
90.00
90.00
0,00
0.00
0 00
0.00
0.00
0.00
0.00
0.50
0.00
0,00
0.00
Subtotal Stn.t System 50,00
10'3 Gngh7o4"5 6 Adminhbelon 0,00
Toter Street System 90.00
90.00
0,00
0.00
0.00
0.00
0.00
0 00
0,00
000
0.00
0.a
Subtotal Storm Drain System 90,00
rayl Engl004rk,g & Adminisballon 0.0D
Total Stomr Drain System 50,00
EXHIBIT B
TOTAL COST OF PROJECT IMPROVEMENTS
A. DEVELOPER COST
B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
Item Demakehe 9u3o& S)➢I! Eike Idol Swath Iaffi
einem Sewer Sv■nm
1 8' Sanitary Sewer PIPs
2 10" Sanitary Sewer Pipe
3 Connect 10 brisling Sewer
4 Sentry Sewer MerJwb
6 Temporary Stub & Plug
6 Remove Portion of Ex Sewer
Water *481051
1 6" Water Pipe (PVC) 130 LF 675.00 64,040.00 130 64,940.00
2 6' Water Pipe (PVC) 1,146 LF 951.00 653.446.60 1,146 956,446.00
3 Removal of6'and 10" Gate Valve 5 EA 91,000.0* 15,00000 5 25,000.00
4 0" Gate Valve 1 EA 11.574.00 01,274.00 1 51,274.00
5 0" Gate Valve a EA 91,676160 94,174.09 6 69,174.00
5 10" Gate Valve 1 FA 1.915.00 1,611.06 1 1,011.00
7 Fie Hydrsnl Assembly 6 EA 3,62200 22.632.0 6 22,932,00
6 Blowoff 3 EA 1.52900 4,667,93 3 4,687.00
9 1' Water Servicew/Meler Box 39 FA 955.00 36,613,M 33 31,516.00
10 1" irrigation Service 1 EA 1,50000 1.500-00 1 1,500 00
11 6" Irrigation Sleeve 190 LF 30.00 6.700.00 180 6,300.00
12 Sampling Station 1 EA 3,599.00 ].370.97 1 3,800.00
13 Connect t0 best. Winer Stube 1 EA 0.364.00 6,389 55 1 6,360.00
14 Connect to Edel. Water 1 EA 9.309.00_. _ G399,93 1 6,360,00
Su6lotaf 6109,617,00 Sub:our 6193,917,00
585 LF 328.00 915,820.00 585 619,120.00
725 LF 932.00 623,200.00 725 123.200-00
2 EA 0,369.00 12,735.00 2 12,736.06
4 EA 3,165.00 12,740,00 4 12,740.00
1 EA 1,500.00 1,600.00 1 5,90800
1 LS 1,500.00 4,440,00 1 . 1.a'r0Q4
i14am& Steal
60.00
90.00
0.00
0.00
0.00
000
$0,00
Subtotal 667,496.00 Subtotal 997,490.00 Subtotal SanilerySewer Syalem
10% Engineering d Mm1nIWe4on 0.00
Total Sanitary ewer System 30.50
Total 3394.115.90 Tole! 3894.115.90
Ton! Construction Coil Subject to Engineering Fee Calculation (A Developer Cost)
C xurbuclbn Enuixecrin4 A 5169109 ® 7550 A
As -bull Plans &Corliwitione
TOTAL COST FOR ENGINEERING FEE CALCULATION
TOTAL IMPROVEMENT SECURITY AMOUNTS:
Fellhhe Performance: 100% of A & B
Labor& Meledels: 1ob%0fA 6
A'6T Un0ng'u'.nld Fiche Bo -A3
6894,114 90
929,894,10
61.200,00,
A. Total 0922,200 00
50,00
50.00
50.00
50.00
30.00
0.00
0.00
0,00
0.00
0,00
0.00
0.00
0.00
0.00
Sob rater Willer System $0.00
W,5 gns:noo-1"5 5 Ado. n:15ilAr 0.00
Toni Water System 10.00
B. Total 60 00
BILLING SCHEDULE
DevelopmenThe Vine, Unit No. 1 Gross Acreage: 5.26
Developer: VINTNER SQUARE. LLC No. of Unite: 33
Engineer. MCR Engineering
Date: 6/29/16 Engineer Estimate $922,200.00
DEVELOPER
cos -1 CREDITS
ENGINEERING
Engineering Fee (5% of $100,000) (1001.6121) $ 5,000.00
(3.5% of $200,000) (1001.6121))) 7,000.00
2.5%555.00
Inspection Fee (4% off $250,000) 622200 (1001.6104) 10,000.00
(3.5% of $672,200) (1001.6104) 23,527.00
(3% of $0) (1001.6104) 0.00
Improvement Agreement Fee (1001.6121) 2,048.00
Engineering Fee Paid (1001.6121) $ 41,261.00
ENGINEERING SUBTOTAL $ 63,130.00 $ 41,261.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees (1001.6121) 1 LS @ $ 3,760.00 $3,760.00
24 months
Charges for work by City Forces:
Seal Coat (1001.5411.4) 33,373 SF ® $ 0.08 $2,869.84
STREET SYSTEM SUBTOTAL
$6,429.84 $0.00
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection (1701.6525) 1,290 LF (g$ 1.50 1,935.00
Pipe Cleaning Deposit (1701.6525) 1,290 LF t $ 3.00 3,870.00
The money Is for cleaning the pipe for construction material deposit In the public sewer main
during house construction period. Any unused money will be refunded If cleaning is proven not necessary
With 90% built out of the houses.
SEWER SYSTEM SUBTOTAL
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection
STORM DRAIN SYSTEM SUBTOTAL
(1701.6525) 1,361 LF (d $ 1.50
$5,806.00 $0.00
2,041.50
$2,041.50
WATER SYSTEM
Charges for Work by City Forces:
1" Meter for Irrigation System (1801.6522) 2 EA CO $ 350.00 700.00
WATER SYSTEM SUBTOTAL $700.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
$0.00
$0.00
SUBTOTAL AMOUNT OF BILLING H RULE
DEVELOPER
COST
CREDITS
578,108.34 $41,261.00
$38,845.34
DEFERRED DEVELOPMENT IMPACT MITIGATION FEES
IMPACT FEES (EXCEPT FOR WASTEWATER AND ELETRIC) HAS BEEN PAID WITH VINTNER'S SQUARE DEVELOPMENT
REMAINING FEES SHALL BE BILLED SEPARATELY AND TO BE PAID
AT CERTIFICATE OF OCCUPANCY FOR
EACH DWELLING UNIT
Storm Drainage Improvement Reimbursement (Estlmated)
Reimbursement for storm drain system modification as outlined In the 5160,000.00 (1701.6525)
Vintners Square Development Storm Water Analysis
Outfall Upgrade ($60,000), SCADA Upgrade ($100,000)
Abandonment of the temporary Storm Drain Connection at Taylor and Westgate 52,000.00 (1701.6525)
Cost for the connection abandonment when F3 Basin Is available
$198,845.34
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL
2
RESOLUTION NO. 2018-64
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE FINAL MAP AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AN IMPROVEMENT AGREEMENT FOR
THE VINE AT VINTNER'S SQUARE SUBDIVISION, UNIT NO. 2
(TRACT NO. 3898) AND AN AMENDMENT TO THE
IMPROVEMENT AGREEMENT FOR THE VINE AT VINTNER'S
SQUARE SUBDIVISION, UNIT NO. 1 (TRACT NO. 3865)
WHEREAS, Unit No. 2 is the second phase of The Vine Subdivision, which is bounded
by Lower Sacramento Road, Taylor Road, Westgate Drive, and the northerly property line of the
Vintner's Square Shopping Center; and
WHEREAS, the entire gated development (Units No. 1 and No. 2) consist of 57 single-
family residential lots with improvements to be constructed in Unit No. 2 consisting of 24 single-
family residential lots; and
WHEREAS, Unit No. 2 includes the installation of all private interior subdivision
improvements along with street frontage improvements on Taylor Road and Westgate Drive.
The improvements along Taylor Road and Westgate Drive consist of masonry wall, landscape,
and driveway improvements. Underground utilities, including public water mains, private storm
drain pipes, and private wastewater pipes, will also be installed on-site to serve the subdivision;
and
WHEREAS, all private improvements inside the interior private street, including the
street pavement, curb, gutter, sidewalk, private storm drain system, private sewer system, street
lights, walls, and landscape elements will be maintained by the Home Owners Association; and
WHEREAS, the Improvement Agreement for Unit No. 1 included a condition to
underground the existing AT&T and Comcast overhead utilities along the south side of
Taylor Road and to provide a security in the amount of $242,500, the estimated cost to perform
the work at that time, and allowing the City to call the bond and cause the undergrounding work
to be performed by Vintner's Square, LLC (Developer) within 24 months of the execution date of
the Agreement; and
WHEREAS, Developer requested the City extend this requirement an additional
18 months and to provide an option of allowing Developer to opt out of the condition for the
amount of the security; and
WHEREAS, considering the existence of PG&E overhead utilities which cannot be
placed underground at this location, the community benefit of undergrounding the smaller AT&T
and Comcast overhead infrastructure is not significant, and for this reason, staff concurs
Developer's request is reasonable; and
WHEREAS, Developer has agreed to pay an improvement agreement amendment fee in
the amount of $10,000; and
WHEREAS, staff recommends City Council approve the final map for The Vine at
Vintner's Square Subdivision, Unit No. 2 (Tract No. 3898) and authorize the City Manager to
execute an Improvement Agreement for The Vine at Vintner's Square Subdivision, Unit No. 2
(Tract No. 3898) and an Amendment to the Improvement Agreement for The Vine at Vintner's
Square Subdivision, Unit No. 1 (Tract No. 3865).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the final map for The Vine at Vintner's Square Subdivision, Unit No. 2 (Tract No. 3898); and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute an Improvement Agreement for The Vine at Vintner's Square
Subdivision, Unit No. 2 (Tract No. 3898); and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute an Amendment to the Improvement Agreement for The Vine at
Vintner's Square Subdivision, Unit No. 1 (Tract No. 3865) to extend for an additional 18 months
the requirement to underground the existing AT&T and Comcast overhead utilities along the
south side of Taylor Road and to provide an option of allowing the developer, Vintner's Square,
LLC, to opt out of the undergrounding requirement for the amount of the security, which is the
estimated cost to perform the work, in the amount of $242,500.
Dated: April 18, 2018
hereby certify that Resolution No. 2018-64 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 18, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Kuehne
ABSTAIN: COUNCIL MEMBERS — None
11-\ ?F_eitiuLtta
NIFE'Z! . FERRAIOLO
City Clerk
2018-64