HomeMy WebLinkAboutResolutions - No. 2004-29When Recorded, Return to:
City of Lodi City Clerk's Office
P.O. Box 3006
Lodi, CA 95241-1910
RECEIVED
MAR - 5 Z004
City Clerk,
City of Lodi
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RESOLUTION NO. 2004-29
A RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING
AN AREA OF BENEFIT AND REIMBURSABLE COSTS FOR
DEVELOPER -FUNDED PUBLIC IMPROVEMENTS FOR THE
HARNEY LANE SANITARY SEWER LIFT STATION AND
SANITARY SEWER TRUNK LINE
WHEREAS, as a condition of development, the developer of the Century Meadows One,
Unit 2 Subdivision, K & W Development, LLC, was required to install the Harney Lane Sewer
Lift Station and a Sanitary Sewer Trunk Line to provide sewer service for the subdivision project;
and
WHEREAS, the developer entered into an Improvement Agreement with the City entitled
"Improvement Agreement for the Public Improvements for the Harney Lane Sanitary Sewer Lift
Station," approved by the City Council on December 4, 2002, to construct the Harney Lane
Sanitary Sewer Lift Station at the southeast corner of Harney Lane and Mills Avenue and a
sanitary sewer trunk line in Harney Lane between Mills Avenue and the Woodbridge Irrigation
District Canal. The lift station force mains and other related improvements in Mills Avenue and
at the Mills Avenue/Harney Lane intersection were installed with the Century Meadows Three,
Unit 5 development. Partial reimbursement for the cost of those improvements was provided
directly to the developer of that subdivision, Harney Development, LLC, by the property owners
south of Harney Lane (Fink Group) in conformance with the agreement between the City and
the Fink Group dated November 19, 1992. The balance of the costs was reimbursed to the
developer by the City. The City was subsequently reimbursed for those City -funded costs by K
& W Development, LLC, at the time of approval of the above-mentioned lift station improvement
agreement. The total improvements installed in conjunction with the lift station project are
shown on Exhibit 1 attached.
WHEREAS, in conformance with Loth Municipal Code (LMC) Section 16.40, staff
recommends that the City Council conduct a public hearing to establish an area of benefit and
reimbursable costs to recover the costs for those improvements that benefit other properties in
the Harney Lane Lift Station Service Area. A copy of the Reimbursement Agreement is
attached as Exhibit 2. The Harney Lane Lift Station Service Area and benefit areas are shown
on Exhibit A of the Agreement, and the final total costs for the improvements and fair share
obligation for the benefiting properties are shown on Exhibit B of the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that:
a) The City Council hereby establishes an area of benefit and reimbursable costs to
recover the costs for developer -funded public improvements for the Harney Lane
Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line. The reimbursable
costs for each property are shown on Exhibit B attached and shall be collected at
the time of development for each parcel; and
b) Pursuant to LMC Section 16.40.50.A.3, the reimbursable amounts will be
recalculated annually to include an amount attributable to interest, using the
Engineering News Record (ENR) 20 Cities Construction Cost Index. Similar
adjustments to the reimbursable costs will be made each January until payment
is received. The beginning ENR index will be 6581.
c) In the event that the benefiting properties develop, the City will collect the
appropriate amounts from the developers of the benefiting properties and
reimburse the developer in conformance with LMC §16.40.060 and §16.40.070.
Dated: February 18, 2004
I hereby certify that Resolution No. 2004-29 was passed and adopted by the Lodi City
Council in a regular meeting held February 18, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Howard, Land, and Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS — None
Susan J. Blackston
City Clerk
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2004-29
CITY OF LODI
PUBLIC WORKS DEPARTMENT
EXHIBIT 1
CENTURY BLVD
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CENTURY
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LIFT STATION
SEWER TRUNK
LINE
NOT TO SCALE
1 111111 111111 1111 HU 1111 1E3111 III 1111 1111 1111 ;7;11/3°9 22A
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
EXHIBIT 2
REIMBURSEMENT
for
HARNEY LANE SANITARY SEWER LIFT STATION
AGREEMENT # RA -03-04
THIS AGREEMENT is made by and between the CITY OF LODI, hereinafter referred to as "City",
and K & W DEVELOPMENT, LLC, hereinafter referred to as "Applicant".
RECITALS:
WHEREAS, Applicant is the developer of Century Meadows One, Unit 2, Tract No. 2786
subdivision and has entered into an Improvement Agreement with the City dated December 30,
2002 to construct public improvements needed to serve the development, and
WHEREAS, as a condition of development for the Century Meadows One, Unit 2 subdivision,
Applicant was required to install, at Applicant's expense, the Harney Lane Sewer Lift Station,
including street frontage improvements (curb, gutter and sidewalk) on Harney Lane and Mills
Avenue, the lift station enclosure (masonry wall) and landscaping and irrigation for the lift station
site, to provide sewer service for the project; and
WHEREAS, Applicant entered into a separate agreement with the City entitled "Improvement
Agreement for the Public Improvements for the Harney Lane Sanitary Sewer Lift Station"
approved by the City Council on December 4, 2002; and
WHEREAS, the Applicant has constructed the Harney Lane sewer lift station and associated
sanitary sewer trunk line east of Mills Avenue that will serve additional properties that are
designated and shown on the plan attached and labeled Exhibit A to this agreement and
indicated thereon; and
WHEREAS, the Applicant is responsible for the installation of street improvements (curb, gutter
and sidewalk), construction of the lift station enclosure (masonry wall) and installation of
landscaping and irrigation at the lift station site, which improvements have not been completed at
this time; and
WHEREAS, the Applicant has filed a request with the Public Works Director in conformance with
Chapter 16.40 of the Lodi Municipal Code requesting reimbursement for those improvements
which benefit other property or would be required of those properties upon development; and
WHEREAS, the property owners of those properties shown in Exhibit A have been notified and
the City Council has conducted a public hearing regarding the Applicant's request for
reimbursement.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained
and pursuant to Government Code Sections 66485 through 66489 and Title 16 of the Lodi
Municipal Code, it is hereby agreed between the parties as follows:
1. The amount of the reimbursable costs due to the Applicant includes construction costs
less any applicable credits plus ten percent (10%) for engineering and administration,
Revised Reimbursement Agreement
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engineering design costs, engineering plan check fees, engineering inspection fees
(2.5%) and the reimbursement application fee (1%). Total construction costs and costs
attributable to the Benefit Area are shown on attached Exhibit B.
2. The reimbursable amount shall be recalculated annually to include an amount
attributable to interest, using the Engineering News Record (ENR) 20 Cities Construction
Cost Index. On uncollected reimbursements, the reimbursement rates shall be
calculated in January of each year beginning January 2005 by the following formula:
(ENR Jan. 1 of current year) _ (initial ENR) X (Balance due Jan. 1 of prior year less
payments made during the previous year)
The initial ENR index for this agreement is 6581. The initial reimbursable amounts
are shown on Exhibit B.
3. In the event that the benefiting properties shown on Exhibit A develop, the City shall
collect the appropriate charges from the developers of the benefiting property and
reimburse the Applicant or the Applicant's heirs, successors or assigns, for a period of
fifteen (15) years from the date of this agreement in conformance with LMC 16.40.060
and 16.40.070.
4. To fulfill Applicant's responsibility for the installation of street improvements (curb, gutter
and sidewalk), construction of the lift station enclosure (masonry wall) and installation of
landscaping and irrigation at the lift station site in the future, the cost of those
improvements will be deposited with the City from reimbursement charges collected from
benefiting properties before any reimbursement payments are made to Applicant. The
monies so deposited will be used as determined by the City for the future installation of
those improvements. The estimated cost of the improvements is $99,066.00 as shown
on Exhibit C.
5. The Applicant shall pay the City $5,782.06 for the preparation of this agreement prior to
approval and recording of this agreement. This fee is based on one percent (1%) of the
total reimbursable construction costs, excluding engineering, administrative and other
costs.
6. Upon each collection of reimbursement charges, an administrative charge shall be
deducted and retained by the City for administering the reimbursement provisions of this
agreement. This charge shall be established from time to time by resolution of the City
Council. As of the date of this agreement, the current charge is $60.00. The actual
administration charge to be paid will be that in effect at the time of collection.
7. This agreement shall inure to the benefit of the heirs, successors and assigns of the
Applicant. The City shall mail the reimbursement to the last address of the Applicant on
file with the Public Works Director of the City. In the event a reimbursement is returned
or unclaimed after two (2) years from the date of mailing, the amount of the
reimbursement shall revert to the City and be deposited in the appropriate development
impact mitigation fee fund.
8. All correspondence and payments herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
Correspondence and payments to City shall be addressed as follows:
Richard C. Prima, Jr.
Public Works Director
Revised Reimbursement Agreement 2
1111111111111 1111111111 1111 1111111111111111111111111111 22A
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Correspondence and payments to Applicant shall be addressed as follows:
9. This agreement is entered into pursuant to the provisions of Title 16 of the Lodi Municipal
Code and the provisions of that section shall be deemed a part of this agreement.
IN WITNESS WHEREOF, the Applicant and the 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.
K & W DEVELOPMENT, LLC
(CORPORATE SEAL)
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Dixon H. Flynn, City Manager Date
ATTEST:
Date
Susan J. Blackston, City Clerk Date
APPROVED AS TO FORM:
D. Stephen Schwabauer, Interim City Attorney
11\111111111N111111NW 1\11111Ill it ;7,:13:',','430,,22r,
Revised Reimbursement Agreement 3
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EXHIBIT B
City of Lodi
Public Works Department
Protect: Harney Lane Lift Station
Engineer: Baumbach and Plasia
Lift Station Trunk Line Total
Construction Cost $ 503,618.00 $ 115,235.90 5 616,853.90
Contract Change Order $ 20,509.71 $ (777.17) 5 19,732.54
Future Curb, Gutter end Sidewalk (225 LF c $36.00/LF) $ 8,100.00 5 8,100.00
Future Wall and Landscaping $ 78,800.00 5 78,800.00
10% Engineering and Administration $ 48,670.64 $ 9,149.91 5 57,820,55
Application Fee $ 4,867.06 $ 914.99 5 5,782.06
Engineering Plan Check Fees 5 13,363.50 $ 2,759.00 5 16,122.50
Engineering Inspection Fees $ 17,524.50 $ 3,513.00 $ 21,037.50
Engineering Inspection Fees (Overtime) 9 157.20 5 157.20
City TV Inspection $ 2,865.00 5 2,865.00
Reimbursable Costs for Century Meadows Three, Unit 5 5 120,486.66 $ 120,486.66
Construction Administration (Baumbach & Piazza) $ 34,000.00 $ 2,500.00 6 36,500.00
Design Cost for the Harney Lane Lift Station (Baumbach and Piazza) $ 27,046,00 5 27,046.00
Solis Report (Nell Anderson) 5 3,800.00 $ 3,400.00 5 7,200.00
Compaction testing (Nell Anderson) 5 10,765.00 $ 5,440,00 6 16,205.00
Consultants Fee (SNG Associates) S 11,304.73 $ 2,070.27 5 13,375.00
Total Cost
Fink Group Cost
Benefit Area Cost
9 903,013.00 S 147,070.90 $ 1,060,083.91
$ 136,879.25 S 25,394.77 $ 162,274.02
6 765,133.75 S 121,675.13 $ 887,809.09
Sire As eaesor's Parcel Lift Station Benefit Trunk LireBenatlt
Zmle No. No. Acreage Ra0o Lift Station Fees Ratio k. Trunk Life Fees Total Fees
A 1 058-210-27 9,64 0.043 $ 32,679.334 0.190 5 23,089.72 $ 55,769.06
A 2 058-210-28 9.76 0.043 $ 33,086.13 0.192 1 23,377.15 $ 56,463.28
A 3 058-210-26 10.65 0.047 $ 36,103.21 0,210 9. 25,508.87 $ 61,612.08
A 4 058-210-25 1.59 0.007 $ 5,390.06 0.031 $ 3,808.37 $ 9,19842
A 5 058-210-04 1.00 0.004 $ 3,389.97 0.020 6. 2,395.20 $ 5,785.17
A 6 058-210-03 3.01 0.013 $ 10,203.82 0 059 5 7,209.55 $ 17,413.37
A 7 058-210-19 15.15 0.067 $ 51,358,08 0.298 8 36,287.27 $ 87,645.35
Subtotal Zone A 50.80 0.225 $ 172,210.60 1.000 9 121,676.13 $ 293,886.73
B 8 058-210-29 11.30 0,050 $ 38,306.69 $ 38,306.69
B 9 058-230-21 1.23 0.005 $ 4,169.67 $ 4,169,67
B 10 2017 W Hamey Lane 0.88 0.004 $ 2,983.18 $ 2,983.18
B 11 2031 W Hamey Lane 0.35 0.002 $ 1,186.49 $ 1,186.49
B 12 058-230-22 17.12 0.076 $ 58,036.33 $ 58,036.33
B 13 058-230-13 8.40 0.037 $ 28,475,77 $ 28,475.77
B 14 058-230-14 1.40 0.006 $ 4,745.96 $ 4,745.96
B 15 058-230-25 16.10 0.071 $ 54,578.56 $ 54,578.56
B 16 058-230-26 13,75 0.061 5 46,612.12 $ 46,61212
B 17 058-230-09 0.46 0.002 $ 1,559.39 $ 1,559,39
B 18 058-230-08 0.46 0.002 $ 1,559.39 $ 1,559.39
B 19 058-230-07 0.46 0.002 $ 1,559,39 $ 1,559,39
B 20 058-230-06 0.46 0.002 $ 1,559.39 $ 1,559.39
B 21 058-230-10 2.49 0.011 $ 8,441.03 $ 8,441.03
B 22 058-220-01 10 058-220-24 9.17 0.041 $ 31,086.05 $ 31,086.05
B 23 058-230-03 3.92 0.017 $ 13,288.69 $ 13,288.69
B 24 058-230-05 0.50 0.002 $ 1,694.99 $ 1,694.99
B 25 058-230-04 0.27 0.001 $ 915.29 $ 915.29
B 26 058-040-05 5.28 0.023 $ 17,899.05 $ 17,899.05
B 27 058-040-06 1,00 0.004 $ 3,389.97 $ 3,389.97
B 28 058-040-07 1,00 0.004 $ 3,389.97 $ 3,389.97
B 29 050-040-08 1.00 0.004 $ 3,389.97 $ 3,389.97
B 30 058-040-09 1.00 0.004 $ 3,389.97 $ 3,389.97
B 31 058-040-10 1.00 0.004 $ 3,389.97 $ 3,389,97
B 32 058-040-11 1.00 0.004 $ 3,389.97 $ 3,389.97
B 33 058-040-12 1,00 0,004 $ 3,389.97 $ 3,389.97
B 34 058-040-13 1.00 0,004 $ 3,389.97 $ 3,389.97
B 35 058-040-04 14.16 0.063 $ 48,002.01 $ 48,002.01
B 36 058-040-02 29.77 0.132 $ 100,919.48 $ 100,919.48
B 37 058-040-01 13,37 0.059 $ 45,323.93 $ 45,323.93
B 38 058-040-14 13.50 0.060 $ 45,764.63 $ 45,764.63
B 39 058-040-15 2.40 0.011 $ 8,135.93 $ 8,135.93
Subtotal Zone B 175.20 0.776 $ 593,923.16 $ 593,923.16
Beneflt Area Totals
226.00 1.000 $ 766,133.75
1.000 $ 121,676.13 $ 887,809.89
NOTES:
1. See Exhibit A for boundaries of Zones A and B and Site Numbers.
2. ZONE A fee includes costs for the Lift Station and 15" trunk line in Harney Lane. ZONE B fees include Lift Station costs only.
3. Lift Station Benefit Ratio is based on the proportion of the parcel acreage to the total acreage of the benefit area ( 225.58 acres).
4. Trunk Line Benefit Ratio for ZONE A for 15" sewer trunk line is based on the proportion of the parcel acreage to the total acreage of ZONE A (62.1 acres)
5 For Site Nos. 26, 35, 36 and 37, the acreage shown is the net acreage after deduction for the dedication of 35 feel of right-of-way along the parcel frontage on Lower Sacramento Road
6. Application fee is based on 1 percent of the sum of the reimbursable construction costs.
Hamey Lane Spreadsheet Jan 26 2004
IU l ILTI IW 11111 tIiI flI li l Ift .,2
d January 26, 2004