HomeMy WebLinkAboutAgenda Report - June 20, 2018 C-17TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM
cu -17
Adopt Resolution Approving Final Maps and Authorize City Manager to Execute
Improvement Agreements for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 2,
Tract No. 3919, and Villa Fiore Subdivision, Tract No. 3960
June 20, 2018
Public Works Director
RECOMMENDED ACTION:
Adopt resolution approving final maps and authorize City Manager to
execute Improvement Agreements for Villa Fiore (Van Ruiten Ranch)
Subdivision, Unit No. 2, Tract No. 3919, and Villa Fiore Subdivision,
Tract No. 3960.
BACKGROUND INFORMATION: Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 2, Tract No. 3919
(Unit No. 2) and Villa Fiore Subdivision, Tract No. 3960 (Unit No. 3)
are the final phases of the multi -phase residential development located
west of Lower Sacramento Road, and south of Lodi Shopping Center, as shown on Exhibit A. Unit No. 2
consists of 70 single-family residential lots and Unit No. 3 consists of 67 single-family residential lots.
The projects include the installation of all interior subdivision public improvements inside the subdivision
boundaries, also shown on Exhibit A.
The developer, Elliot Homes, Inc., has furnished the City with improvement plans, necessary agreements,
guarantees, insurance certificates, and the required fees for the proposed Unit No. 2 and Unit No. 3
subdivisions. 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. Both subdivisions are part of the Community Facilities District No. 2007-1 (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. This 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 Magdich
City Engineer / Deputy Public Works Director Chang
Senior Civil Engineer Nathan
Assistant Engineer Kiriu
Senior Engineering Technician Wiman
Elliot Homes, Inc.
Baumbach & Piazza Engineering
APPROVED:
45" 61L-
: Sch - _ • er, City Manager
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12 Hwy 12
Kettleman Ln / Hwy 12
—Century -Blvd
Fuchsia Dr.
0
Sacramento Rd
0
J
Legend
VILLA FIORE
UNIT 2 (70 LOTS)
UNIT 3 (67 LOTS)
EXHIBIT A
VILLA FIORE SUBDIVISION
UNIT 2 AND 3 VICINITY MAP
S
1 inch = 400 feet
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WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
VILLA FIORE (VAN RUITEN RANCH) UNIT 2
TRACT NO. 3919
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and Elliott Homes, Inc., an Arizona
Corporation, qualified to do business in California, hereinafter referred to as "Developer".
RECITALS:
Developer is the developer of that certain real property situated in the City of Lodi, County of San
Joaquin, commonly known as Lot A (A.P.N.: 058-03-031) and more particularly described in
Exhibit A and depicted in Exhibit B. Developer has presented to City for approval of the final
subdivision map, hereinafter called "Map", entitled "VILLA FIORE (VAN RUITEN RANCH), Unit 2".
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;
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 utilities and facilities
which are a part of, or appurtenant to, the Villa Fiore, Unit 2 Subdivision, hereinafter called
"Project", all in accordance with, and as required by, the plans and specifications for all or any of
said improvements in, appurtenant to, or outside the limits of Project, which plans and
specifications are now on file in the office of and endorsed with the approval of the Public Works
Director or his designee.
City Council will adopt a resolution to approve the Map and accept the dedications therein offered
on the condition that Developer will first enter into and execute this Agreement with City and meet
the requirements of said resolution; and
This Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Titles 15 and 17 of the Lodi Municipal Code ("LMC").
NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in
order to insure satisfactory performance by Developer of Developer's obligations under State law
and City Code, the parties agree as follows:
1. Performance of Work by Developer
Developer will do and perform, or cause to be done and performed at Developer's own
expense, in a good and workmanlike manner, and furnish all required materials, all under
the direction and to the satisfaction of City's Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the Project, Plan Set
D183, 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;
B. Natural gas line installation;
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C. Telephone line installation;
D. Electrical system; and
E. Cable television system.
2. Development Changes
Developer shall also perform all work and furnish all materials necessary to comply with
any changes required by the Public Works Director, which, in his opinion, are necessary
or required to complete the work in conformance with City Standards or are the result of
changed conditions.
3. Performance of Work by City
Prior to the approval of the final map by the City, it is agreed that the Developer shall
deposit with the City the amount of money shown as the "Developer Cost" on the Billing
Schedule, attached hereto as Exhibit C, and by this reference made a part hereof as
though fully set forth.
From payments made under the Billing Schedule, Developer elects to have the City
perform or install or cause the installation of the following items:
A. Street seal coat;
B. Televideo inspection of the public sewer and storm drain lines. The fee shown on
the Billing Schedule is based on the linear footage of sewer and storm drain pipe,
including laterals, shown on the improvement plans. The fee will be adjusted, if
necessary, when the televideo inspection is complete. Any additional fee must be
paid prior to Project acceptance;
C. Storm Water Permit Compliance Inspections. The fee shown on the Billing
Schedule is based on one (1) inspection per month for construction activities
covering twelve months period. The fee will be adjusted, if necessary, when the
improvements are complete and ready for acceptance by the City. Any additional
fee must be paid prior to project acceptance.
Developer shall also pay all additional costs for work performed by City deemed by the
Public Works Director necessary to complete the work under this Agreement in
conformance with City Standards.
4. Development Impact Mitigation Fees
Development Impact Mitigation Fees for water, wastewater, street improvements, storm
drain, police, fire, parks and recreation, general City facilities, art in public places are
required for this Project. Payment of the Development Impact Mitigation Fees shall be
collected prior to issuance of Certificate of Occupancy for each dwelling. The amounts
shown in this Agreement for the Development Impact Mitigation Fees are those in effect
at the time of execution of this Agreement. In conformance with LMC Section 15.64.050,
the fees are automatically adjusted on January 1st of each year. Fees may also be
adjusted at other times by separate City Council action. The actual fees to be paid will be
those in effect at the time of payment. This Agreement shall in no way limit City's ability to
charge Developer the fees in effect at the time Developer pays the fees.
5. Reimbursement from Others
Developer may be eligible for reimbursement from others for the cost of certain off-site
public improvements that benefit other properties. It is Developer's responsibility to
request reimbursement and submit the appropriate information per LMC Section 17.62.
6. Work; Time for Commencement and Performance
Developer shall, within 365 calendar days from the date of this Agreement, perform or
cause to be performed, all work and/or improvements described in this Agreement. At
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least 15 calendar days prior to the commencement of work hereunder, Developer shall
notify the Public Works Director of the date fixed by Developer for commencement
thereof, so that City can provide inspection services.
7. Time Extension
Time is of the essence of this Agreement. City may extend the time for completion of the
improvements hereunder, under the terms of an addendum to this Agreement, which
shall be approved and executed by the City Manager. Any such extension may be
granted without notice to Developer's surety, and extensions so granted, shall not relieve
the surety's liability on the bond to secure the faithful performance of Developer under this
Agreement. The City Manager shall be the sole and final judge as to whether or not good
cause has been shown to entitle Developer to an extension.
8. Record Drawings and Certifications
Prior to acceptance of the Project improvements, Developer shall have installed and put
in place, all survey monuments as shown on the Maps and provide record drawings and
certifications as described in the City of Lodi Public Improvement Design Standards.
9. Permits; Compliance with Law
Developer shall, at Developer's expense, obtain all necessary permits and licenses for the
construction of the improvements described in this Agreement, give all necessary notices,
and pay all fees and taxes required by law.
10. Superintendence by Developer
Developer shall give personal superintendence to the work of said improvements, or have
a competent agent, foreman or superintendent, satisfactory to the Public Works Director,
on the work site at all times during construction, with authority to act for Developer.
11. Inspection by City
Developer, shall at all times, maintain proper facilities and provide safe access for
inspection by City to all parts of the work site. Inspections will be provided during normal
working hours of City staff. Developer will be billed for inspections on work performed on
weekends, holidays and overtime. Developer shall also pay all additional costs incurred
by City for soils and materials testing and/or inspection services, including storm water
compliance inspections, required as a part of City inspection activities.
12. Contract Security
Concurrently with the execution of this Agreement, Developer shall furnish Improvement
Security of at least 100 percent of the estimated cost of the public improvements required
to be constructed, plus deferred fees and engineering costs of surveying, record drawings
and certifications as security for the faithful performance of this Agreement; and an
amount equal to at least 100 percent of the above costs, excluding deferred fees, as
security for the payment of all persons performing labor and furnishing materials in
connection with this Agreement as more fully described in the State Subdivision Map Act.
The City has determined these security amounts to be as follows:
Faithful Performance:
Labor and Materials:
$ 1,546,000.00
$ 1,546,000.00
13. Warranty Security
Prior to acceptance of the Project improvements by City, Developer shall furnish warranty
security of at least 10 percent of the total cost of the public improvements required to be
constructed, as security for repair or replacement of defective work as provided under
Paragraph 17 of this Agreement. The warranty period shall be two years following the
date of acceptance of the improvements by City. If any portion of the Project receives
partial acceptance during the course of construction, the warranty period for all required
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Project improvements shall commence upon the date of final acceptance for the entire
Project.
14. Hold -Harmless Agreement
Developer hereby agrees to, and shall, hold City, its elected and appointed boards,
commissions, officers, agents, and employees, harmless from any liability for damage or
claims for damage from personal injury, including death, as well as from claims for
property damage which may arise from Developer's or Developer's contractors',
subcontractors', agents' or employees' operations under this Agreement, whether such
operations be by Developer or by any of Developer's contractors, subcontractors, or by
any one or more persons directly or indirectly employed by, or acting as agent for,
Developer or any of Developer's contractors or subcontractors. Developer agrees to, and
shall, defend City and its elected and appointed boards, commissions, officers, agents,
and employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid operations; provided as
follows:
A. That City does not, and shall not, waive any rights against Developer which it may
have by reason of the aforesaid hold -harmless agreement, because of the
acceptance by City, or the deposit with City by Developer, of any of the insurance
policies described in Paragraph 15 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.
15. Developer's Insurance
Developer shall not commence work under this Agreement until Developer shall have
obtained all insurance required under this paragraph, nor shall Developer allow any
contractor or subcontractor to commence work on Developer's contract or subcontract
until all similar insurance required of the contractor or subcontractor shall have been so
obtained. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Worker's Compensation Insurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractors' or
subcontractors' employees, unless such employees are covered by the protection
afforded by Developer. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation Statute, the Contractor shall provide and shall cause each
subcontractor to provide insurance for the protection of said employees. A waiver of
subrogation is required for workers compensation insurance. This policy may
not be canceled nor the coverage reduced without 30 days prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West
Pine Street, Lodi, CA, 95240. Developer hereby indemnifies City for any damage
resulting to it from failure of either Developer or any contractor or subcontractor to
take out or maintain such Worker's Compensation insurance.
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B. Comprehensive General and Automobile Insurance
Developer shall take out and maintain during the life of this Agreement such
insurance as shall insure City, its elected and appointed boards, commissions,
officers, agents, and employees, Developer and any contractor or subcontractor
performing work covered by this Agreement from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise
from the Project or the Project property, including any public streets or easements,
from Developer's or any contractors' or subcontractors' operations hereunder,
whether such operations be by Developer or any contractor or subcontractor or by
anyone directly or indirectly employed by either Developer or any contractor or
subcontractor, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$5,000,000 Each Occurrence
$10,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$5,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned,
hired and non -hired vehicles) operated in performing any and all services
pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12
90, or a later version, that provides liability coverage at least as broad as this
form.
Developer must have comprehensive automobile liability only if Developer's vehicles
are used for the Project or on the Project property.
NOTE: 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:
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A. Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later
version, that provides liability coverage at least as broad as this form) Such
insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed boards, commissions, officers, agents and employees as
additional named insured insofar as work performed by the insured under written
contract with the City of Lodi. This endorsement shall be on the form furnished by
City and shall be included with Developer's policies. An additional named insured
endorsement is also required for Auto Liability.
B. Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Developer's policy shall be "primary and
non-contributory" and will not seek contribution from City's insurance or self-
insurance and shall be at least as broad as ISO form CG 20 01 04 13.
C. Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limit of the Developer's
liability.
D. Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed
boards, commissions, officers, agents, employees, and volunteers. A waiver is
required for General Liability and Auto Liability.
E. Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance of
Developer shall contain, or be endorsed to contain, a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit
of the City before the City's own insurance or self-insurance shall be called upon
to protect the City as a named insured.
F. Completed Operations Endorsement
For three years after completion of project, a certificate of insurance with a
Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City
of Lodi.
G. Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this
Agreement. At least thirty (30) days prior to the expiration of each insurance
policy, Developer shall furnish a certificate(s) showing that a new or extended
policy has been obtained which meets the minimum requirements of this
Agreement. Developer shall provide proof of continuing insurance on at least an
annual basis during the Term. If Developer's insurance lapses or is discontinued
for any reason, Developer shall immediately notify the City and immediately
obtain replacement insurance.
H. Failure to Comply
If Developer fails or refuses to obtain and maintain the required insurance, or fails
to provide proof of coverage, the City may obtain the insurance. Developer shall
reimburse the City for premiums paid, with interest on the premium paid by the
City at the maximum allowable legal rate then in effect in California. The City
shall notify Developer of such payment of premiums within thirty (30) days of
payment stating the amount paid, the name(s) of the insurer(s), and rate of
interest. Developer shall pay such reimbursement and interest on the first (1st)
day of the month following the City's notice. Notwithstanding any other provision
of this Agreement, if Developer fails or refuses to obtain or maintain insurance as
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required by this Agreement, or fails to provide proof of insurance, the City may
terminate this Agreement upon such breach. Upon such termination, Developer
shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or
facilities.
I Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by
insurers licensed to do business in the State of California which are rated at least
"A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City.
Non -admitted surplus lines carriers may be accepted provided they are included
on the most recent list of California eligible surplus lines insurers (LESLI list) and
otherwise meet City requirements.
Evidence of Insurance
Developer shall furnish City, concurrently with the execution of this Agreement, with
satisfactory evidence of the insurance required and evidence that each carrier is required
to give City at least 30 days prior notice of the cancellation or reduction in coverage of any
policy during the effective period of this Agreement. The street address of the City of Lodi
must be shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street,
Lodi, CA, 95240; and the insurance certificate must state, on its face or as an
endorsement, a description of the project that it is insuring.
NOTE: The City reserves the right to obtain a full certified copy of any insurance
policy or endorsements required. Failure to exercise this right shall not constitute
a waiver of the City's right to exercise after the effective date.
16. Title to Improvements
Title to, and ownership of, all public improvements constructed hereunder by Developer
shall vest absolutely in City upon completion and acceptance of such public
improvements by City.
17. Repair or Reconstruction of Defective Work
If, within a period of two (2) years after final acceptance by City of the work performed
under this Agreement, any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Developer, or any of the work
done under this Agreement, including the mitigation measures for dust and erosion
control, fails to fulfill any of the requirements of this Agreement plans and specifications
referred to herein, Developer and Developer's surety shall, without delay and without cost
to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Developer or Developer's surety fail to act promptly
or in accordance with this requirement, or should the exigencies of the case require
repairs or replacements to be made before Developer can be notified, City may, at its
option, make the necessary repairs or replacements or perform the necessary work, and
Developer shall pay to City the actual cost of such repairs plus 15 -percent for
administration and overhead costs.
18. Landscape Maintenance
Developer shall perform regular maintenance on the landscape element, including plants
and irrigation system, installed with the Project for a period of two (2) years after the final
acceptance by City. Should Developer or Developer's surety fail to act promptly or in
accordance with this requirement, or should the exigencies of the case require
maintenance to be performed before Developer can be notified, City may, at its option,
perform the necessary maintenance work, and Developer shall pay to City the actual cost
of such repairs plus 15 -percent for administration and overhead costs.
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19. Repair or Replacement of City -Owned Bypass Meter Assemblies
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. City will supply these assemblies upon
receipt of a deposit in the amount of $5,000 for each assembly required. The purpose of
the deposit is to guarantee the return of the assembly in good condition and fulfillment of
the other obligations shown in the City's Policies and Procedures entitled "Metering Water
Usage of New Water Mains Requiring Temporary Bypasses."
20. Mud, Debris, Dust and Erosion
Developer agrees and covenants not to permit mud or other debris to be tracked from the
Project site or elsewhere onto City or County streets or onto private property without
express permission. Developer further agrees not to cause damage to City or County
streets.
Should any mud or debris be deposited in City or County streets or any damage is caused
to City or County streets, Developer shall have the same removed or repaired forthwith,
and if not removed or repaired upon notice within a specified time, City shall cause the
same to be removed or repaired and Developer shall be charged for the cost of said
removal or repairs.
Developer, Developer's contractor, subcontractors, and/or agents shall be responsible for
dust and erosion problems created during construction, including installation of telephone,
electrical, cable television and gas facilities. Developer's responsibility for dust and
erosion control shall extend to include a period of two years from the date of final
acceptance by City of the work performed under this Agreement.
If a dust or erosion problem arises during development or within a period of two (2) years
from the date of final acceptance by City of the work performed under this Agreement,
including but not limited to installation of telephone, electrical, cable television, and/or gas
facilities, and has not, after notice, been abated by Developer within a specified period of
time, City shall cause the same to be controlled, and Developer shall be charged with the
cost of said control.
21. Fire Protection During Construction
Fire protection facilities approved by City's Fire Chief, including all-weather access road
and an approved water supply capable of supplying the required fire flow, shall be
installed and made serviceable in accordance with the City Fire Code (as set forth in the
Lodi Municipal Code) prior to and during the time of building construction. The above
may be modified when alternate methods of protection approved by the Fire Chief are
provided.
22. Protection of Existing Improvements
Damage to any existing improvements, private or public utility lines installed or
undergoing installation in which damage occurs during the onsite and offsite construction
required of Developer under this Agreement, shall be the absolute responsibility and
liability of Developer. In other words, it shall be Developer's responsibility to pay for
damage to existing improvements and public or private utilities within the Project property.
Damage to any existing facilities outside the limits of the Project damaged as part of the
construction of the required Project improvements is also Developer's responsibility.
23. 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.
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24. 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.
25. 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.
26. Breach of Agreement; Performance by Surety or City
In the event of any such notice, Developer's surety shall have the duty to take over and
complete the work and the improvements herein specified; provided however, that if the
surety, within five (5) days after the serving upon it of such notice of breach, does not give
City written notice of its intention to take over the performance of this Agreement, and
does not commence performance thereof within five (5) days after notice to City of such
election, City may take over the work and prosecute the same to completion, by contract
or by any other method City may deem advisable, for the account and at the expense of
Developer, and Developer's surety shall be liable to City for any excess cost or damage
occasioned City thereby; and, in such event, City, without liability for so doing, may take
possession of, and utilize in completing the work, such materials, appliances, plant and
other property belonging to Developer as may be on the site of the work and necessary
therefor.
27. This Agreement shall run with the land and be binding on the Owner, its heirs, successors
and assigns.
28. Notices.
All notices herein required shall be in writing, signed by the authorized representative of
the sender and shall be deemed to have been given when the same is personally served
or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from
the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the
respective parties.
Notices required to be given to City shall be addressed as follows:
Charles E. Swimley, Jr.
Public Works Director
City of Lodi
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Price Walker
Director Land Acquisition & Development
Elliott Homes, Inc.
340 Palladio Parkway, Suite 521
Folsom, CA 95630-8775
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch - Villa Fiore\Villa Fiore - Unit 2\Improvement
Agreement\ImpAgmt Villa Fiore Unit 2 doc 9 5/22/18
Notices required to be given to Surety shall be addressed as follows
Provided that either party or the surety may change such address by notice in writing in
the manner set forth above, to the other party and thereafter notices shall be addressed
and transmitted to the new address.
29. Authority
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
/The balance of this page is intentionally left blank.]
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Agreement\ImpAgmt Villa Fiore Unit 2.doc 10 5/22/18
30. Execution
In Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto affixed.
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH
City Attorney
Elliott Homes, Inc.
An Arizona Corporation
Dated:
By
HARRY C. ELLIOTT III
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated:
By:
STEPHEN SCHWABAUER
City Manager
(CORPORATE SEAL)
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch - Villa Fiore\Villa Fiore - Unit 2\Improvement
Agreement\ImpAgmt Villa Fiore Unit 2 doc 1 1 5/18/18
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): Portion 058.030.31
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LODI, COUNTY OF SAN
JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot A as shown on map entitled Villa Fiore (Van Ruiten Ranch), Unit 1, filed for record February 2, 2018 in
Book 43 of MAPS AND PLATS, at Page 18, San Joaquin County Records.
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 03.07.18 @ 04:43 PM by TO
SCA0002402.doc / Updated: 01.29.18 3 CA-7739-4532-SPS-1-18-FSST-5311800117
EXHIBIT "B"
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City o1 Lodi
Public Works Department
COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Dovelbpmen0•V1511 Fiore Won Rui688) Unli No. 2
Developer: Elliott Homes
Engineer: Baumbach & Piazza
TOTAL COST OF PROJECT IMPROVEMENTS
A. DEVELOPER COST
Item Descriptionuanl(I Unil Price Total ty Total
Awes: 14,80
Dale: 5/18/18
Lots: 70
DEVELOPER
Quantity Total
Street System
1 Earthwork 6,785 CY 9100 $20,355.00 1785 020,355.00
2 Compact Original Ground (0.67) 115,383 SF 90.30 934,614 90 115.383 $34,614,90
3 Aggregate Base, Class II (0,50') 86,541 SF 1.10 95,195.10 86,541 95,195,10
4 Aggregate Base, Class II (0.70') 28,842 SF 2.00 57,684 00 28,842 57,684.00
5 Asphalt Concrete, Type B (0.20) 66,541 SF 1-10 95,195.10 86,541 95,195,10
6 Asphalt Concrete, Type B (0.29) 28,842 SF 1,50 43,263 00 28,842 43,263.00
7 Rolled Curb, Gutter, & Sidewalk 5,150 LF 29.00 149,350.00 5,150 149,350,00
6 Vertical Curb and Gutter 455 LF 29.00 13,195.00 455 13,195.00
9 Sidewalk 1,090 SF 700 7,630.00 1,090 7,630,00
10 Transitional Curb - Rolled to Vertical Curb, G 169 LF 40.00 6,760.00 169 6,760,00
11 Curb Return, including Handicap Ramp 13 EA 3,342.00 43,446.00 13 43,446.00
12 Residential Driveway (16' wide) 4 EA 2,005.00 8,020.00 4 8,020.00
13 Dead End Barricade (Standard Plan 128) 3 EA 802.00 2,406.00 3 2,406.00
14 Remove Existing Barricade 3 EA 668 00 2,004.00 3 2,004.00
15 Street Name Sign & Post 6 EA 601.00 3,606,00 6 3,606.00
16 Marking Arrows 1 EA 20000 200.00 1 20000
17 Slop Bar & Legend 4 EA 200.00 800.00 4 900.00
18 Flexible Paddle Markers/Delineators 5 EA 80.00 400.00 5 400.00
19 Street Lights (Pedestal Type 100 Watt) 26 EA 4,010.00 104,260.00 28 104,260,00
20 Survey Monument 5 EA 802 00 4,010.00 5 4,010.00
21 Traffic Signs 5 EA 601.00 3,005.00 5 3,005.00
22 Traffic Striping 400 LF 1.00 400.00 400 400.00
23 Retaining Wall (<2') 836 LF 67.00 56,01300 836 56,012.00
24 Stabilized Construction Entrance 1 EA 1,337.00 1,33300 1 1,337.00
25 Erosion & Sediment Control 15 Acre 2,67100 39,827.70 15 39,827.70
Subtotal $792,975.80 Sutlfotil 0792,975.80 Subtotal Street System
10% Engineering & Administration
Total Street System
Storm Drain System
1 12" Storm Drain Pipe (PVC) 749 LF $47.00 $35,20300 749 535,203.00
2 15" Storm Drain Pipe (PVC) 539 LF $60.00 $32,340.00 539 $32,340,00
3 18" Storm Drain Pipe (RCP) 715 LF 74.00 52,910.00 715 52,910.00
4 24" Storm Drain Pipe (RCP) 371 LF 87.00 32,277.00 371 32,277.00
S 48" Storm Drain Manhole 6 EA 4,010.00 24,060 00 6 24,060.00
6 Side Inlet Catch Basin 18 EA 2,673 00 48,114.00 18 48,114.00
7 Connect to Existing Storm Drain 2 EA 6,683.00 13,368 00 2 13,366,00
Subtotal 5238,270 00 Sukietei 5238,270.00
Sanitary Sewer System
1 6" Sanitary Sewer Pipe (PVC) 1,649 LF $16.00 $26,384.00 1.649 026,384.00
2 8" Sanitary Sewer Pipe (PVC) 1.372 LF $29.00 539,788.00 1.372 539,788.00
3 6" Ductile Iron Sewer Pipe 191 LF $24.00 54,584,00 191 54,584 00
A• Sanitary Sewer Manhole (45") B EA $3,342 00 526,736.00 8 526,736 00
5 Sanitary Service with Cleanout 70 EA 5735.00 551,450.00 70 551,45000
6 4" Service with No Cleanout 1 EA $601.00 5601.00 1 $601.00
7 Sanitary Sewer Riser 7 EA 5468.00 $3,276.00 7 $3,276 00
5 Connect to Existing Sanitary Sewer 3 EA 56,683.00 520,049,00 3 $20,049 00
Subtotal 0172,868.00 subtotal 5172,868 00
Water System
1 S" Water Pipe (PVC) 2.140 LF 553 00 $111420.00 2,140 5113,420.00
2 10" Water Pipe (PVC) 1.215 LF 560.00 072,900.00 1,215 572,900.00
3 S" Gate Valve 9 EA 51,604.00 $14,436 00 9 514,436.00
A 10" Gale Valve 6 EA 52,005,00 $12,030.00 6 $12,030.00
5 Fire Hydrant Assembly 5 EA 54,010.00 520.050.00 5 520,050.00
6 Blowoff (temporary) 3 EA 5535.00 $1,605.00 3 $1,605.00
T Connect to Existing Water 3 EA $6,683,00 520,049 00 3 520,049.00
5 1" Water Service w/Meter Box 70 EA 51,00200 570,140.00 70 570,140.00
Subtotal 5324,630.00 5501Otaf 5324,630.00
Total 51,528,743.90 TOW 51,528,743.80
Total Construction Cost Subject to Engineering Fee Calculation (A. Developer Cost)
Construction Engineering & Staking C6 1% t
As -buil) Plans & Certifications
TOTAL COST FOR ENGINEERING FEE CALCULATION (Rounded to the nearest hundred)
TOTAL IMPROVEMENT SECURITY AMOUNTS:
Faithful Performance: 100% of A
Labor & Materials: 100% of A
51,546,000.00
51 s 0,000
$1,528,743.80
515,287.44
$2,000.00
A. Total 51,546100.00
50.00
50.00
0.00
0 00
0.00
0 00
0.00
000
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
000
0.00
000
0.00
0 00
000
0 00
5000
0.00
5000
50 00
Moo
0 00
0.00
0 00
0.00
0 00
Subtotal Storm Drain System 80.00
0% Engineering & Administration 0.00
Total Storm Drain System $0 00
Subtotal Sanitary Sewer System
10% Engineering & Administration
Total Sanitary Sewer System
Subtotal Water System
0% Engineering & Administration
Total Water System
$0 00
50 00
90.00
$0 00
5000
$0 00
50 00
50 00
5000
0,00
5000
50 00
0000
50 00
50 00
50 00
50 00
5000
$0 00
5000
0.00
50,00
B. Total $000
Developmen Villa Fiore (Van Ruiten) Unit No. 2
Developer: Elliott Homes
Engineer: Baumbach & Piazza
Date: 5/18/18
BILLING SCHEDULE EXHIBIT C
Gross Acreage:
No. of Units:
Construction cost
14.90
70
DEVELOPER
COST
CREDITS
ENGINEERING
Engineering Fee (5% of $100,000) ENGFEE $ 5,000.00
(3.5% of $200,000) ENGFEE 7,000.00
(2.5% of $1,246,000) ENGFEE 31,150.00
Inspection Fee (4% of $250,000) ENGINS 10,000.00
(3.5% of $750,000) ENGINS 26,250.00
(3% of $546,000) ENGINS 16,380.00
Engineering Fee Paid ENGFEE $ 28,032.00
Improvement Agreement Fee ENGFEE 2,143.00
ENGINEERING SUBTOTAL $ 97,923.00 $ 28,032.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees PW03 1 LS @ $ 1,986.00 $1,986.00
(Charge for 1 year inspection)
Charges for work by City Forces:
Seal Coat WKOTPW 115,383 SF @ $ 0.08 $9,230.64
STREET SYSTEM SUBTOTAL
$11,216.64 $0.00
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe Installation PW03 3,212 LF @ $ 1.50 4,818.00
TV Inspection for Project Acceptanc PW03 3,212 LF @ $ 1.50 4,818.00
SEWER SYSTEM SUBTOTAL $9,636.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe installation PW03 2,374 LF @ $ 1.50 3,561.00
TV Inspection for Project Acceptance PW03 2,374 LF @ $ 1.50 3,561.00
STORM DRAIN SYSTEM SUBTOTAL
$7,122.00 $0.00
WATER SYSTEM
Charges for Work by City Forces:
WATER SYSTEM SUBTOTAL
PW02 0 EA @ $ 0.00 0.00
$0.00 $0.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE
$125,897.64 $28,032.00
Reimbursement Agreement 2007-52 $85,466.25
14.90 Acres @ $5,735.99/Acre
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL
DEFERRED DEVELOPMENT IMPACT MITIGATION FEES
DEVELOPER
COST
$183,331.89
Art In Public Places (12141.6127) 70.00 DUE @ $33.00 $2,310.00
Water Facilities (1821.6122) 70.00 DUE @ $1,263.00 $88,410.00
Sewer Facilities (1731.6122) 70.00 DUE @ $1,720.00 $120,400.00
Street Improvement Facilities (3271.6122) 70.00 DUE @ $289.00 $11,733.40
(3321.6122) $8,496.60
Storm Drainage Facilities (3261.6122) 70.00 DUE @ 0.00 $0.00
Police Protection Facilities (12151.6122) 70.00 DUE @ $307.00 $21,490.00
Fire Protection Facilities (12161.6122) 70.00 DUE @ $157.00 $10,990.00
Parks & Recreation Facilities (12171.6122) 70.00 DUE @ $1,584.00 $110,880.00
General City Facilities (12181.6122) 70.00 DUE @ $251.00 $17,570.00
TOTAL AMOUNT OF DEFERRED FEES TO BE PAID $392,280.00
AT CERTIFICATE OF OCCUPANCY FOR
EACH DWELLING UNIT
CREDITS
$0.00
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
VILLA FIORE
TRACT NO. 3960
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and Elliott Homes, Inc., an Arizona
Corporation, qualified to do business in California, hereinafter referred to as "Developer".
RECITALS:
Developer is the developer of that certain real property situated in the City of Lodi, County of San
Joaquin, commonly known as Lot B (A.P.N.: 058-03-033) and more particularly described in
Exhibit A and depicted in Exhibit B. Developer has presented to City for approval of the final
subdivision map, hereinafter called "Map", entitled "VILLA FIORE". 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;
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 utilities and facilities
which are a part of, or appurtenant to, the Villa Fiore Subdivision, hereinafter called "Project", all in
accordance with, and as required by, the plans and specifications for all or any of said
improvements in, appurtenant to, or outside the limits of Project, which plans and specifications
are now on file in the office of and endorsed with the approval of the Public Works Director or his
designee.
City Council will adopt a resolution to approve the Map and accept the dedications therein offered
on the condition that Developer will first enter into and execute this Agreement with City and meet
the requirements of said resolution; and
This Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Titles 15 and 17 of the Lodi Municipal Code ("LMC").
NOW THEREFORE, for and in consideration of the acceptance of the dedications offered, and in
order to insure satisfactory performance by Developer of Developer's obligations under State law
and City Code, the parties agree as follows:
1. Performance of Work by Developer
Developer will do and perform, or cause to be done and performed at Developer's own
expense, in a good and workmanlike manner, and furnish all required materials, all under
the direction and to the satisfaction of City's Public Works Director, all of the work and
improvements as shown on the approved improvement plans for the Project, Plan Set
D184, 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;
B. Natural gas line installation;
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C. Telephone line installation;
D. Electrical system; and
E. Cable television system.
2. Development Changes
Developer shall also perform all work and furnish all materials necessary to comply with
any changes required by the Public Works Director, which, in his opinion, are necessary
or required to complete the work in conformance with City Standards or are the result of
changed conditions.
3. Performance of Work by City
Prior to the approval of the final map by the City, it is agreed that the Developer shall
deposit with the City the amount of money shown as the "Developer Cost" on the Billing
Schedule, attached hereto as Exhibit C, and by this reference made a part hereof as
though fully set forth.
From payments made under the Billing Schedule, Developer elects to have the City
perform or install or cause the installation of the following items:
A. Street seal coat;
B. Televideo inspection of the public sewer and storm drain lines. The fee shown on
the Billing Schedule is based on the linear footage of sewer and storm drain pipe,
including laterals, shown on the improvement plans. The fee will be adjusted, if
necessary, when the televideo inspection is complete. Any additional fee must be
paid prior to Project acceptance;
C. Storm Water Permit Compliance Inspections. The fee shown on the Billing
Schedule is based on one (1) inspection per month for construction activities
covering twelve months period. The fee will be adjusted, if necessary, when the
improvements are complete and ready for acceptance by the City. Any additional
fee must be paid prior to project acceptance.
Developer shall also pay all additional costs for work performed by City deemed by the
Public Works Director necessary to complete the work under this Agreement in
conformance with City Standards.
4. Development Impact Mitigation Fees
Development Impact Mitigation Fees for water, wastewater, street improvements, storm
drain, police, fire, parks and recreation, general City facilities, art in public places are
required for this Project. Payment of the Development Impact Mitigation Fees shall be
collected prior to issuance of Certificate of Occupancy for each dwelling. The amounts
shown in this Agreement for the Development Impact Mitigation Fees are those in effect
at the time of execution of this Agreement. In conformance with LMC Section 15.64.050,
the fees are automatically adjusted on January 1st of each year. Fees may also be
adjusted at other times by separate City Council action. The actual fees to be paid will be
those in effect at the time of payment. This Agreement shall in no way limit City's ability to
charge Developer the fees in effect at the time Developer pays the fees.
5. Reimbursement from Others
Developer may be eligible for reimbursement from others for the cost of certain off-site
public improvements that benefit other properties. It is Developer's responsibility to
request reimbursement and submit the appropriate information per LMC Section 17.62.
6. Work; Time for Commencement and Performance
Developer shall, within 365 calendar days from the date of this Agreement, perform or
cause to be performed, all work and/or improvements described in this Agreement. At
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least 15 calendar days prior to the commencement of work hereunder, Developer shall
notify the Public Works Director of the date fixed by Developer for commencement
thereof, so that City can provide inspection services.
7. Time Extension
Time is of the essence of this Agreement. City may extend the time for completion of the
improvements hereunder, under the terms of an addendum to this Agreement, which
shall be approved and executed by the City Manager. Any such extension may be
granted without notice to Developer's surety, and extensions so granted, shall not relieve
the surety's liability on the bond to secure the faithful performance of Developer under this
Agreement. The City Manager shall be the sole and final judge as to whether or not good
cause has been shown to entitle Developer to an extension.
8. Record Drawings and Certifications
Prior to acceptance of the Project improvements, Developer shall have installed and put
in place, all survey monuments as shown on the Maps and provide record drawings and
certifications as described in the City of Lodi Public Improvement Design Standards.
9. Permits; Compliance with Law
Developer shall, at Developer's expense, obtain all necessary permits and licenses for the
construction of the improvements described in this Agreement, give all necessary notices,
and pay all fees and taxes required by law.
10. Superintendence by Developer
Developer shall give personal superintendence to the work of said improvements, or have
a competent agent, foreman or superintendent, satisfactory to the Public Works Director,
on the work site at all times during construction, with authority to act for Developer.
11. Inspection by City
Developer, shall at all times, maintain proper facilities and provide safe access for
inspection by City to all parts of the work site. Inspections will be provided during normal
working hours of City staff. Developer will be billed for inspections on work performed on
weekends, holidays and overtime. Developer shall also pay all additional costs incurred
by City for soils and materials testing and/or inspection services, including storm water
compliance inspections, required as a part of City inspection activities.
12. Contract Security
Concurrently with the execution of this Agreement, Developer shall furnish Improvement
Security of at least 100 percent of the estimated cost of the public improvements required
to be constructed, plus deferred fees and engineering costs of surveying, record drawings
and certifications as security for the faithful performance of this Agreement; and an
amount equal to at least 100 percent of the above costs, excluding deferred fees, as
security for the payment of all persons performing labor and furnishing materials in
connection with this Agreement as more fully described in the State Subdivision Map Act.
The City has determined these security amounts to be as follows:
Faithful Performance:
Labor and Materials:
$ 1,249,300.00
$ 1,249,300.00
13. Warranty Security
Prior to acceptance of the Project improvements by City, Developer shall furnish warranty
security of at least 10 percent of the total cost of the public improvements required to be
constructed, as security for repair or replacement of defective work as provided under
Paragraph 17 of this Agreement. The warranty period shall be two years following the
date of acceptance of the improvements by City. If any portion of the Project receives
partial acceptance during the course of construction, the warranty period for all required
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Project improvements shall commence upon the date of final acceptance for the entire
Project.
14. Hold -Harmless Agreement
Developer hereby agrees to, and shall, hold City, its elected and appointed boards,
commissions, officers, agents, and employees, harmless from any liability for damage or
claims for damage from personal injury, including death, as well as from claims for
property damage which may arise from Developer's or Developer's contractors',
subcontractors', agents' or employees' operations under this Agreement, whether such
operations be by Developer or by any of Developer's contractors, subcontractors, or by
any one or more persons directly or indirectly employed by, or acting as agent for,
Developer or any of Developer's contractors or subcontractors. Developer agrees to, and
shall, defend City and its elected and appointed boards, commissions, officers, agents,
and employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid operations; provided as
follows:
A. That City does not, and shall not, waive any rights against Developer which it may
have by reason of the aforesaid hold -harmless agreement, because of the
acceptance by City, or the deposit with City by Developer, of any of the insurance
policies described in Paragraph 15 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.
15. Developer's Insurance
Developer shall not commence work under this Agreement until Developer shall have
obtained all insurance required under this paragraph, nor shall Developer allow any
contractor or subcontractor to commence work on Developer's contract or subcontract
until all similar insurance required of the contractor or subcontractor shall have been so
obtained. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Worker's Compensation Insurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance for all contractors' or
subcontractors' employees, unless such employees are covered by the protection
afforded by Developer. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation Statute, the Contractor shall provide and shall cause each
subcontractor to provide insurance for the protection of said employees. A waiver of
subrogation is required for workers compensation insurance. This policy may
not be canceled nor the coverage reduced without 30 days prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West
Pine Street, Lodi, CA, 95240. Developer hereby indemnifies City for any damage
resulting to it from failure of either Developer or any contractor or subcontractor to
take out or maintain such Worker's Compensation insurance.
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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 Each Occurrence
$10,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$5,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned,
hired and non -hired vehicles) operated in performing any and all services
pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12
90, or a later version, that provides liability coverage at least as broad as this
form.
Developer must have comprehensive automobile liability only if Developer's vehicles
are used for the Project or on the Project property.
NOTE: 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:
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A. Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later
version, that provides liability coverage at least as broad as this form) Such
insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed boards, commissions, officers, agents and employees as
additional named insured insofar as work performed by the insured under written
contract with the City of Lodi. This endorsement shall be on the form furnished by
City and shall be included with Developer's policies. An additional named insured
endorsement is also required for Auto Liability.
B. Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Developer's policy shall be "primary and
non-contributory" and will not seek contribution from City's insurance or self-
insurance and shall be at least as broad as ISO form CG 20 01 04 13.
C. Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limit of the Developer's
liability.
D. Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed
boards, commissions, officers, agents, employees, and volunteers. A waiver is
required for General Liability and Auto Liability.
E. Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance of
Developer shall contain, or be endorsed to contain, a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit
of the City before the City's own insurance or self-insurance shall be called upon
to protect the City as a named insured.
F. Completed Operations Endorsement
For three years after completion of project, a certificate of insurance with a
Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City
of Lodi.
G. Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this
Agreement. At least thirty (30) days prior to the expiration of each insurance
policy, Developer shall furnish a certificate(s) showing that a new or extended
policy has been obtained which meets the minimum requirements of this
Agreement. Developer shall provide proof of continuing insurance on at least an
annual basis during the Term. If Developer's insurance lapses or is discontinued
for any reason, Developer shall immediately notify the City and immediately
obtain replacement insurance.
H. Failure to Comply
If Developer fails or refuses to obtain and maintain the required insurance, or fails
to provide proof of coverage, the City may obtain the insurance. Developer shall
reimburse the City for premiums paid, with interest on the premium paid by the
City at the maximum allowable legal rate then in effect in California. The City
shall notify Developer of such payment of premiums within thirty (30) days of
payment stating the amount paid, the name(s) of the insurer(s), and rate of
interest. Developer shall pay such reimbursement and interest on the first (1st)
day of the month following the City's notice. Notwithstanding any other provision
of this Agreement, if Developer fails or refuses to obtain or maintain insurance as
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch - Villa Fiore\Villa Fiori- Unit 3 School Site\Improvement
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required by this Agreement, or fails to provide proof of insurance, the City may
terminate this Agreement upon such breach. Upon such termination, Developer
shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or
facilities.
1 Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by
insurers licensed to do business in the State of California which are rated at least
"A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City.
Non -admitted surplus lines carriers may be accepted provided they are included
on the most recent list of California eligible surplus lines insurers (LESLI list) and
otherwise meet City requirements.
Evidence of Insurance
Developer shall furnish City, concurrently with the execution of this Agreement, with
satisfactory evidence of the insurance required and evidence that each carrier is required
to give City at least 30 days prior notice of the cancellation or reduction in coverage of any
policy during the effective period of this Agreement. The street address of the City of Lodi
must be shown on the certificate of insurance, i.e., City of Lodi, 221 West Pine Street,
Lodi, CA, 95240; and the insurance certificate must state, on its face or as an
endorsement, a description of the project that it is insuring.
NOTE: The City reserves the right to obtain a full certified copy of any insurance
policy or endorsements required. Failure to exercise this right shall not constitute
a waiver of the City's right to exercise after the effective date.
16. Title to Improvements
Title to, and ownership of, all public improvements constructed hereunder by Developer
shall vest absolutely in City upon completion and acceptance of such public
improvements by City.
17. Repair or Reconstruction of Defective Work
If, within a period of two (2) years after final acceptance by City of the work performed
under this Agreement, any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Developer, or any of the work
done under this Agreement, including the mitigation measures for dust and erosion
control, fails to fulfill any of the requirements of this Agreement plans and specifications
referred to herein, Developer and Developer's surety shall, without delay and without cost
to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Developer or Developer's surety fail to act promptly
or in accordance with this requirement, or should the exigencies of the case require
repairs or replacements to be made before Developer can be notified, City may, at its
option, make the necessary repairs or replacements or perform the necessary work, and
Developer shall pay to City the actual cost of such repairs plus 15 -percent for
administration and overhead costs.
18. Landscape Maintenance
Developer shall perform regular maintenance on the landscape element, including plants
and irrigation system, installed with the Project for a period of two (2) years after the final
acceptance by City. Should Developer or Developer's surety fail to act promptly or in
accordance with this requirement, or should the exigencies of the case require
maintenance to be performed before Developer can be notified, City may, at its option,
perform the necessary maintenance work, and Developer shall pay to City the actual cost
of such repairs plus 15 -percent for administration and overhead costs.
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19. Repair or Replacement of City -Owned Bypass Meter Assemblies
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. City will supply these assemblies upon
receipt of a deposit in the amount of $5,000 for each assembly required. The purpose of
the deposit is to guarantee the return of the assembly in good condition and fulfillment of
the other obligations shown in the City's Policies and Procedures entitled "Metering Water
Usage of New Water Mains Requiring Temporary Bypasses."
20. Mud, Debris, Dust and Erosion
Developer agrees and covenants not to permit mud or other debris to be tracked from the
Project site or elsewhere onto City or County streets or onto private property without
express permission. Developer further agrees not to cause damage to City or County
streets.
Should any mud or debris be deposited in City or County streets or any damage is caused
to City or County streets, Developer shall have the same removed or repaired forthwith,
and if not removed or repaired upon notice within a specified time, City shall cause the
same to be removed or repaired and Developer shall be charged for the cost of said
removal or repairs.
Developer, Developer's contractor, subcontractors, and/or agents shall be responsible for
dust and erosion problems created during construction, including installation of telephone,
electrical, cable television and gas facilities. Developer's responsibility for dust and
erosion control shall extend to include a period of two years from the date of final
acceptance by City of the work performed under this Agreement.
If a dust or erosion problem arises during development or within a period of two (2) years
from the date of final acceptance by City of the work performed under this Agreement,
including but not limited to installation of telephone, electrical, cable television, and/or gas
facilities, and has not, after notice, been abated by Developer within a specified period of
time, City shall cause the same to be controlled, and Developer shall be charged with the
cost of said control.
21. Fire Protection During Construction
Fire protection facilities approved by City's Fire Chief, including all-weather access road
and an approved water supply capable of supplying the required fire flow, shall be
installed and made serviceable in accordance with the City Fire Code (as set forth in the
Lodi Municipal Code) prior to and during the time of building construction. The above
may be modified when alternate methods of protection approved by the Fire Chief are
provided.
22. Protection of Existing Improvements
Damage to any existing improvements, private or public utility lines installed or
undergoing installation in which damage occurs during the onsite and offsite construction
required of Developer under this Agreement, shall be the absolute responsibility and
liability of Developer. In other words, it shall be Developer's responsibility to pay for
damage to existing improvements and public or private utilities within the Project property,
Damage to any existing facilities outside the limits of the Project damaged as part of the
construction of the required Project improvements is also Developer's responsibility.
23. 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.
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24. 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.
25. 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.
26. Breach of Agreement; Performance by Surety or City
In the event of any such notice, Developer's surety shall have the duty to take over and
complete the work and the improvements herein specified; provided however, that if the
surety, within five (5) days after the serving upon it of such notice of breach, does not give
City written notice of its intention to take over the performance of this Agreement, and
does not commence performance thereof within five (5) days after notice to City of such
election, City may take over the work and prosecute the same to completion, by contract
or by any other method City may deem advisable, for the account and at the expense of
Developer, and Developer's surety shall be liable to City for any excess cost or damage
occasioned City thereby; and, in such event, City, without liability for so doing, may take
possession of, and utilize in completing the work, such materials, appliances, plant and
other property belonging to Developer as may be on the site of the work and necessary
therefor.
27. This Agreement shall run with the land and be binding on the Owner, its heirs, successors
and assigns.
28. Notices.
All notices herein required shall be in writing, signed by the authorized representative of
the sender and shall be deemed to have been given when the same is personally served
or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from
the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the
respective parties.
Notices required to be given to City shall be addressed as follows:
Charles E. Swimley, Jr.
Public Works Director
City of Lodi
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Price Walker
Director Land Acquisition & Development
Elliott Homes, Inc.
340 Palladio Parkway, Suite 521
Folsom, CA 95630-8775
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Notices required to be given to Surety shall be addressed as follows.
Provided that either party or the surety may change such address by notice in writing in
the manner set forth above, to the other party and thereafter notices shall be addressed
and transmitted to the new address.
29. Authority
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
(The balance of this page is intentionally left blank.]
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30. Execution
In Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto affixed.
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
APPROVED AS TO FORM
JANICE D. MAGDICH
City Attorney
Elliott Homes, Inc.
An Arizona Corporation
Dated:
By:
HARRY C. ELLIOTT III
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated -
By:
STEPHEN SCHWABAUER
City Manager
(CORPORATE SEAL)
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Van Ruiten Ranch - Villa Fiore\Villa Fiori- Unit 3 School Site\Improvement
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EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): portion 058-030-33 and portion 058-030-31
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LODI, COUNTY OF SAN
JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot B as shown on map entitled Villa Fiore (Van Ruiten Ranch), Unit 1, filed for record February 2, 2018 in
Book 43 of MAPS AND PLATS, at Page 18, San Joaquin County Records.
CLTA Preliminary Report Forrn - Modified (11.17.06) Printed: 03.07.18 @ 04:33 PM by TO
SCA0002402.doc / Updated: 01.29.18 3 CA-7739-4532-SPS-1-18-FSST-5311800116
EXHIBIT "B"
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Developmen Villa Fiore
Developer: Elliott Homes
Engineer: Baumbach & Piazza
Date: 5/18/18
BILLING SCHEDULE EXHIBIT C
Gross Acreage: 15.22
No. of Units: 67
Construction cost
DEVELOPER
COST
CREDITS
ENGINEERING
Engineering Fee (5% of $100,000) ENGFEE $ 5,000.00
(3.5% of $200,000) ENGFEE 7,000.00
(2.5% of $949,300) ENGFEE 23,732.50
Inspection Fee (4% of $250,000) ENGINS 10,000.00
(3.5% of $750,000) ENGINS 26,250.00
(3% of $249,300) ENGINS 7,479.00
Engineering Fee Paid ENGFEE
Improvement Agreement Fee ENGFEE 2,143.00
ENGINEERING SUBTOTAL
$ 28,032.00
$ 81,604.50 $ 28,032.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees PW03 1 LS @ $ 1,986.00 $1,986.00
(Charge for 1 year inspection)
Charges for work by City Forces:
Seal Coat WKOTPW 88,216 SF @ $ 0.08 $7,057.28
STREET SYSTEM SUBTOTAL
$9,043.28 $0.00
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe Installation PW03 2,522 LF @ $ 1.50 3,783.00
TV Inspection for Project Acceptanc PW03 2,522 LF @ $ 1.50 3,783.00
SEWER SYSTEM SUBTOTAL $7,566.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe installation PW03 2,312 LF @ $ 1.50 3,468.00
TV Inspection for Project Acceptance PW03 2,312 LF @ $ 1.50 3,468.00
STORM DRAIN SYSTEM SUBTOTAL
$6,936.00 $0.00
WATER SYSTEM
Charges for Work by City Forces:
WATER SYSTEM SUBTOTAL
PW02 0 EA @ $ 0.00 0.00
$0.00 $0.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE
$105,149.78 $28,032.00
Reimbursement Agreement 2007-52 $87,301.77
DEVELOPER
COST
CREDITS '
15.22 Acres @ $5,735.99/Acre
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $164,419.55
DEFERRED DEVELOPMENT IMPACT MITIGATION FEES
Art In Public Places (12141.6127) 67.00 DUE @ $80.00 $5,360.00
Water Facilities (1821.6122) 67.00 DUE @ $3,103.00 $207,901.00
Sewer Facilities (1731.6122) 67.00 DUE @ $4,225.00 $283,075.00
Street Improvement Facilities (3271.6122) 67.00 DUE @ $711.00 $27,629.46
(3321.6122) $20,007.54
Storm Drainage Facilities (3261.6122) 67.00 DUE @ 0.00 $0.00
Police Protection Facilities (12151.6122) 67.00 DUE @ $753.00 $50,451.00
Fire Protection Facilities (12161.6122) 67.00 DUE @ $385.00 $25,795.00
Parks & Recreation Facilities (12171.6122) 67.00 DUE @ $3,890.00 $260,630.00
General City Facilities (12181.6122) 67.00 DUE @ $617.00 $41,339.00
TOTAL AMOUNT OF DEFERRED FEES TO BE PAID $922,188.00
AT CERTIFICATE OF OCCUPANCY FOR
EACH DWELLING UNIT
2
$0.00
City of Lodi
Public Works Department
COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Devulepment Ville PIM
Developer Elliott Homes
Engineer: Baumbach & Piazza
TOTAL COST OF PROJECT IMPROVEMENTS
Item Descdolion
A. DEVELOPER COST
Ouantily Untl Price Total Quantity Total
Street System
1 Earthwork 5.086 CY 53.00 515,256.50 5,086 $15,256 50
2 Compact Original Ground (0,67') 86.216 SF $0.30 326,464.80 88,216 526,464 80
3 Aggregate Base, Class II (0.50') 68,929 SF 1.10 75,821.90 68,929 75,821.90
4 Aggregate Base, Class II (0.67') 19,287 SF 2.00 38,574 00 19,287 38,574.00
5 Asphalt Concrete, Type B (0.20) 88,216 SF 1.10 97,037.60 88,216 97,037.60
6 Rolled Curb, Gutter, & Sidewalk 4,335 LF 29.00 125,71500 4,335 125,715.00
7 Vertical Curb and Gutter 215 LF 29 00 6,235 00 215 6,235.00
8 Sidewalk 469 SF 7.00 3,283.00 469 3,283.00
9 Transitional Curb - Rolled to Vertical Curb, G 163 LF 40.00 6,520.00 163 6,520.00
10 Curb Return, including Handicap Ramp 10 EA 3,34200 33,420.00 10 33,420.00
11 Dead End Barricade (Standard Plan 128) 1 EA 802 00 802 00 1 802.00
12 Remove Existing Barricade 3 EA 666.00 2,004 00 3 2,004.00
13 Street Name Sign & Post 6 EA 601.00 3,606 00 6 3,606.00
14 Marking Arrows 4 EA 200.00 800.00 4 800.00
15 Slop Bar & Legend 2 EA 200.00 400.00 2 400.00
16 Flexible Paddle Markers/Delineators 1 EA 80.00 80.00 1 80.00
17 Street Lights (Pedestal Type 100 Watt) 21 EA 4,010.00 84,210.00 21 84,210.00
18 Survey Monument 5 EA 802.00 4,010,00 5 4,010.00
19 Traffic Signs 4 EA 601,00 2,404.00 4 2,404.00
20 Traffic Striping 100 LF 1.00 100,00 100 100.00
21 Retaining Wall (<2') 736 LF 67.00 49,312.00 736 49,312.00
22 Stabilized Construction Entrance 1 EA 1,337.00 1,337.00 1 1,337.00
23 Erosion Control 14 Acre 2,673.00 36,352,80 14 36,352.80
Subtotal 5613,745,60 Subtbtel 5613,745.60
2
3
4
Storm Drain System
12" Storm Drain Pipe (PVC)
15" Storm Drain Pipe (PVC)
18" Storm Drain Pipe (RCP)
48" Storm Drain Manhole
Side Inlet Catch Basin
Connect to Existing Storm Drain
1,576 LF 547.00 574,072.00 1,576 574,07200
441 LF $60 00 526,460.00 441 526,460.00
295 LF 74.00 21,830.00 295 21,830.00
7 EA 4,010.00 28,070,00 7 26,070.00
17 EA 2,673.00 45,441.00 17 45,441.00
2 EA 6,683.00 13,366.00 2 13,366.00
Subtotal 5209,239.00 Sbbtelal 5209,239.00
Sanitary Sewer System
1 6" Sanitary Sewer Pipe (PVC) 1,034 LF 516.00 516,544.00 1,034 516,544.00
2 8" Sanitary Sewer Pipe (PVC) $,468 LF 529.00 543.152.00 1.488 543,152.00
3 Sanitary Sewer Manhole (48') 7 EA 53,342.00 $23,394.00 7 523,39400
4 Sanitary Service with Cleanoul 63 EA 5735.00 548.305.00 63 546,305.00
5 Connect to Existing Sanitary Sewer 3 EA $6,683.00 520.049,00 3 520,049.00
Subtotal $149.444.00 Subtotal 5149,444 00
2
4
5
Water System
8" Water Pipe (PVC)
8" Gale Valve
Fire Hydrant Assembly
Blowoff (temporary)
Connect to Existing Water
1' Water Service w/Meter Box
2,693 LF 553.00 5142,729.00 2,693 5142,729.00
10 EA 51,604,00 516,040.00 10 516,040.00
5 EA 54,010.00 $20,050.00 5 520,050.00
1 EA 5535 00 3535.00 1 5535.00
3 EA $6,683.00 520,049.00 3 520,049.00
63 EA 51,002.00 563,126,00 63 563,126.00
Subtotal $282,52900 Subtotal 5282,529.00
Total $1,234,957.60 Iola] $1,234,957 80
Total Construction Cost Subject to Engineering Fee Calculation (ADeveloper Cost)
Construction Engineering & Staking @ 1%
As -built Plans & Certifications
TOTAL COST FOR ENGINEERING FEE CALCULATION (Rounded to the nearest hundred)
TOTAL IMPROVEMENT SECURITY AMOUNTS:
Faithful Performance: 100% of A
Lobar & Mletatlals: 100% of A
$1 249,300.00
51,249,300.00
51,234,957 60
512,349.58
52,000.00
A. Total 51,249,300.00
Acres: 15.22
Dale: 5/18/18
Lots: 87
wv•••••... yI• •~••-,• DEVELOPER ....,. • .. •
Quantity la!
50.00
50.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Subtotal Street System 30.00
50% Engineering & Administration 0.00
Total Street System 50.00
Subtotal Storm Drain System
0% Engineering & Administration
Total Storm Drain System
50.00
50.00
0.00
0.00
0 00
0.00
50.00
0.00
50.00
50.00
50.00
50.00
30.00
$0.00
Subtotal Sanitary Sewer System 50.00
106 Engineering & Administration 0.00
Total Sanitary Sewer System 5000
Subtotal Water System
0% Engineering & Administration
Total Water System
50 00
5000
$0.00
$0 00
$0 00
5000
5000
000
50.00
B, Total 50.00
RESOLUTION NO. 2018-125
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE FINAL MAPS AND AUTHORIZING THE CITY MANAGER
TO EXECUTE IMPROVEMENT AGREEMENTS FOR
VILLA FIORE (VAN RUITEN RANCH) SUBDIVISION,
UNIT NO. 2, TRACT NO. 3919, AND
VILLA FIORE SUBDIVISION, TRACT NO. 3960
WHEREAS, Villa Fiore (Van Ruiten Ranch) Subdivision, Tract No. 3919 (Unit No. 2) and
Villa Fiore Subdivision, Tract No. 3960 (Unit No. 3) are the final phases of the multi -phase
residential development located west of Lower Sacramento Road and south of the Lodi
Shopping Center; and
WHEREAS, Unit No. 2 consists of 70 single-family residential lots and Unit No. 3
consists of 67 single-family residential lots; and
WHEREAS, the projects include the installation of all interior subdivision public
improvements inside the subdivision boundaries; and
WHEREAS, the developer, Elliot Homes, Inc., has furnished the City with improvement
plans, necessary agreements, guarantees, insurance certificates, and the required fees for the
proposed Unit No. 2 and Unit No. 3 subdivisions; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the final maps for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 2, Tract No. 3919, and
Villa Fiore Subdivision, Tract No. 3960; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute Improvement Agreements for Villa Fiore (Van Ruiten Ranch)
Subdivision, Unit No. 2, Tract No. 3919, and Villa Fiore Subdivision, Tract No. 3960.
Dated: June 20, 2018
I hereby certify that Resolution No. 2018-125 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 20, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler
ABSTAIN: COUNCIL MEMBERS — None
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NNIFE 3 . FERRAIOLO
City Clerk
2018-125