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Lodi City Clerk 11 /211'2004 09. zap Fee N!'
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Lodi, CA 95241-1910 Recorded i ^fs d=
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RECEIVED County of San Joaquin
GARY W. FREEMAN
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City of Lodi
RESOLUTION NO. 2004-256
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
IMPROVEMENT AGREEMENT FOR THE PUBLIC IMPROVEMENTS OF
HARNEY LANE CANAL CROSSING, AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE IMPROVEMENT AGREEMENT ON
BEHALF OF THE CITY OF LODI, AND FURTHER APPROPRIATING FUNDS
FOR THE APPLICABLE REIMBURSEMENT
WHEREAS, this project consists of widening the Woodbridge Irrigation District (WID)
canal crossing at Harney Lane located east of the Century Meadows One, Unit 3 development,
and west of Ham Lane, as shown on Exhibit A attached; and
WHEREAS, the widening of the canal crossing is required as a condition of approval for
the adjacent Century Meadows One, Unit 3 residential development. Under the terms of the
Improvement Agreement for that project approved by Council on November 3, 2004, the
developer, K & W Development, LLC, is required to enter into a separate Improvement
Agreement with the City covering the installation of improvements to widen the WID canal
crossing at Harney Lane and extend a ten -inch public water main across the WID canal.
Completion of the WID canal crossing and water main improvements is required prior to
acceptance of the subdivision improvements; and
WHEREAS, the work in the WID right-of-way must be done during the winter when the
canal is not in use. The Harney Lane WID canal crossing and associated water main extension
are included in the Streets and Water Facilities categories of the Development Impact
Mitigation Fee Program; and
WHEREAS, typically, the developer constructs the improvements included in the
Program and is reimbursed through impact fee credits. Due to the cost and timing of this
project, the developer has requested reimbursement for construction of the canal crossing
improvements prior to the subdivision fee payments, and staff feels that this is a reasonable
request; and
WHEREAS, the developer has furnished the City with the improvement plans,
Improvement Agreement, guarantees, insurance certificates, and fees for the proposed canal
crossing project; and
WHEREAS, the Improvement Agreement is based on a standard subdivision
Improvement Agreement and provides for the City to reimburse the developer as the work is
accomplished. The developer has prepared the plans for the project and obtained bids. The
requested appropriation ($832,000) covers the reimbursable portion of the bid amount,
engineering design and improvement plans, construction staking, geotechnical services, and
contingencies. Reimbursements will be made on a monthly basis, based on actual expenses;
and
WHEREAS, staff therefore recommends that the City Council take the following actions
with regard to the Public Improvements of Harney Lane Canal Crossing project:
1. Approve the Improvement Agreement for the Public Improvements of Harney
Lane Canal Crossing and direct the City Manager and City Clerk to execute the
Improvement Agreement on behalf of the City of Lodi; and
2. Appropriate $832,000 from the following funds for the applicable reimbursements
to the developer:
IMF — Local Street Facilities (MBC004) $810,000
IMF — Water Facilities (MWSX006) $ 22,000
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi hereby
finds as follows:
Approves the Improvement Agreement for the Public Improvements of Harney
Lane Canal Crossing and directs the City Manager and City Clerk to execute the
Improvement Agreement on behalf of the City of Lodi; and
2. Appropriates $832,000 from the following funds for the applicable
reimbursements to the developer:
IMF — Local Street Facilities (MBC004) $810,000
IMF — Water Facilities (MWSX006) $ 22,000
Dated: November 17, 2004
I hereby certify that Resolution No. 2004-256 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 17, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACK'S'TON
City Clerk
2004-256
CITY OF LODI
PUBLIC \\-CORKS DEPARTMENT
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EXHIBIT A
HARNEY LANE CANAL CROSSING
CENTURY
MEADOWS ONE #3
144
WCD CANAL
ENGLISH OAKS
248
247
HARNIEY LM
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