HomeMy WebLinkAboutAgenda Report - February 6, 2019 H-01CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
HI
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Agreement
for Gateway North Subdivision, Unit No. 1, Tract No. 3940
MEETING DATE: February 6, 2019
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Adopt resolution authorizing City Manager to execute Improvement
Agreement for Gateway North Subdivision, Unit No. 1, Tract No.
3940.
Gateway North Subdivision, Unit No. 1, is located west of Lower
Sacramento Road and south of Lodi Shopping Center, as shown on
Exhibit A. Unit No. 1 consists of 98 single-family, residential lots.
The developer, Blossom Land Company (Developer), will be presenting the final map for approval at a
later date. This project is inside the Area of Benefit of Reimbursement Agreement RA18-01 (Lodi
Shopping Center) which is currently in the approval process. Developer will be responsible for the
reimbursement payment prior to the final map recordation.
The project includes the installation of all interior subdivision public improvements and street
improvements on Lower Sacramento Road from the southerly Lodi Shopping Center Driveway to its
southerly boundary of the single-family home development (270 linear feet).
Developer has requested to execute a separate improvement agreement to design and construct the
Lower Sacramento Road public improvements in order to expedite construction of the other site
improvements. City staff has deemed this a reasonable request and included a condition requiring that
the Lower Sacramento Road public improvements be completed prior to final acceptance of the Gateway
North, Unit No. 1, project.
Developer has furnished the City with improvement plans, necessary agreements, guarantees, insurance
certificates, and the required fees for the proposed subdivision. Development Impact Fees will be
collected as part of the building permit process, prior to issuing a certificate of occupancy, for each
single-family residence, in accordance with Lodi Municipal Code §15.64.040. This project is part of the
Community Facilities District No. 2007-1 (Public Services) (CFD).
Portions of the cost to install certain offsite public improvements that benefit other properties may be
eligible for reimbursement from others. It is Developer's responsibility to request reimbursement and
submit the appropriate information per Lodi Municipal Code Chapter §17.62.
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.
APPROVED: \
Ste• - Sch = •a - , City Manager
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Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Gateway North Subdivision, Unit No. 1, Tract No. 3940
February 6, 2019
Page 2
FUNDING AVAILABLE: Not applicable.
Charles E. Swiml y, 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 Civil Engineer Kiriu
Senior Engineering Technician Wiman
Blossom Land Company
MCR Engineering
Brownian Development Company
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Primrose Dr.
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Lower Sacramento Rd
Gateway North Subdivision
Unit 1 Boundary
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EXHIBIT A
GATEWAY NORTH SUBDIVISION
UNIT 1 VICINITY MAP
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1 inch = 300 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
GATEWAY NORTH, UNIT NO.1
TRACT NO. 3940
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and Blossom Land Company, a California
corporation, 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 Parcels 2 and 3 (A.P.Ns.: 058-03-016 AND 058-03-040) and more
particularly described in Exhibit A, attached hereto and incorporated herein. Developer has
presented to City for approval the final subdivision maps based on the Vesting Tentative Map
approved by the Lodi Planning Commission on December 13, 2017, pursuant to Planning
Commission Resolution No. 17-20, entitled "Gateway North". Developer presented a final
subdivision map titled "Gateway North, Unit No. 1" for a portion of the Gateway North subdivision,
hereinafter called "Map," the Map was filed with the Public Works Director for presentation to the
City Council for approval, and ishereby referred to and incorporated herein;
Developer has requested approval of the improvement plans (Plan Set D181) prior to the final
approval of the Map. The public improvement plans include all streets, highways or public ways,
and public utilities and facilities which are a part of, or appurtenant to, the Gateway North, Unit No.
1 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.
Developer acknowleds that a subsequent improvement agreement will be required for the Lower
Sacramento Road improvements prior to final approval of the Map.
City Council will adopt a resolution to approve the Map and accept the dedications therein offered
at a later date on the condition that Developer will first enter into and execute this Agreement with
City and meet the requirements of the 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
D181, 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:
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A. Street light installation and connection to City system;
B. Street frontage improvements on Lower Sacramento Road (by separate
agreement)
C. Natural gas line installation;
D. Telephone line installation;
E. Electrical system; and
F. 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 B, attached hereto and incorporated herein.
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; and
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 capacity, street
improvements, storm drain, police, fire, parks and recreation, general City facilities, and
art in public places are required for this Project. Payment of the Development Impact
Mitigation Fees shall be collected prior to issuance of the 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.
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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
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 make the sole and final determination 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 Map 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 Project, or have a competent agent,
foreman or superintendent, satisfactory to the Public Works Director, on the Project 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:
$ 2,728,100
$ 2,728,100
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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
Project improvements shall commence upon the date of final acceptance for the entire
Project.
14. Indemnity and Hold -Harmless Agreement
Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter
defined), the Developer hereby assumes liability for and agrees to defend (at
Indemnitees' option), indemnify, protect and hold harmless City and its elected and
appointed boards, commissions, officers, agents, volunteers, and employees
("Indemnitees") from and against any and all claims, charges, damages, demands,
actions, proceedings, losses, stop notices, costs, expenses (including attorney fees),
judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may
be sustained or suffered by or secured against the Indemnitees arising out of or
encountered in connection with this Agreement of the performance of the Project
including, but not limited to, death of or bodily or personal injury to persons or damage to
property, including owned by or under the care and custody of City, and for civil fines and
penalties, that may arise from or be caused, in whole or in part, by any negligent or other
act or omission of Developer, its officers, agents, employees, contractors or
subcontractors including, but not limited to, liability arising from:
A. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the Project site by Developer, its
officers, agents, employees, contractors or subcontractors;
B. Any operation conducted upon or any use or occupation of the premises by
Developer, its officers, agents, employees, contractors or subcontractors under or
pursuant to the provisions of this Agreement or otherwise;
C. Any act, omission, or negligence of Developer, its officers, agents, employees,
contractors or subcontractors.
D. Any failure of Developer, its officers, agents or employees to comply with any of
the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
E. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in sub -sections (1), (2), (3), and (4) of this paragraph, existing or
conducted upon or arising from the use or occupation by Developer on any other
premises in the care, custody and control of City.
The Developer also agrees to indemnify City and pay for all damage or loss suffered by
City including but not limited to damage to or loss of City property, to the extent not
insured by City and loss of City revenue from any source, caused by or arising out of the
conditions, operations, uses, occupations, acts, omissions or negligence referred to in
sub -sections (1), (2), (3), (4), and (5) of this paragraph.
Developer's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
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civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of City under any provision of this Agreement,
Developer shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Developer will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Developer agrees to obtain executed indemnity agreements with provisions identical to
those set forth in this paragraph from each and every contractor or subcontractor or any
other person or entity involved by, for, with or on behalf of Developer in the performance
of this Agreement. In the event Developer fails to obtain such indemnity obligations from
others as required here, Developer agrees to be fully responsible according to the terms
of this paragraph.
Failure of City to monitor compliance with these requirements of this paragraph imposes
no additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Developer and shall survive the termination of this
Agreement or this paragraph.
This Indemnity shall survive termination of the Agreement. This Indemnity is in addition to
any other rights or remedies that the Indemnitees may have under the law or under any
other contract or agreements. In the event of any claim or demand made against any
party which is entitled to be indemnified hereunder, City may, in its sole discretion,
reserve, retrain or apply any monies owing to the Developer under this Agreement, if any,
for the purpose of resolving such claims; provided, however, City may release such funds
if the Developer provides City with reasonable assurance of protection of the Indemnitees'
interests. City shall, in its sole discretion, determine whether such assurances are
reasonable.
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 behalf or request until all
similar insurance required of the contractor or subcontractor shall have been so obtained
and approved by the City;s Riak Manager. All requirements herein provided shall appear
either in the body of the insurance policies or as endorsements and shall specifically bind
the insurance carrier.
Insurance requirements are set forth in Exhibit C, attached hereto and incorporated
herein.
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
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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 landscape elements, including plants
and irrigation systems 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.
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 $5,263 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 Project construction 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 Project 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
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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. Dwellina Occupancy
City will not allow occupancy of any building or structure within the area of the Map 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.
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 breach of this Agreement, Developer's surety shall have the duty to
take over and complete the work and the improvements as 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 Developer, 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:
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Charles E. Swimley, Jr.
Public Works Director
City of Lodi
221 West Pine Street
P. 0. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Thomas P. Doucette
President
Blossom Land Company
10100 Trinity Parkway, Suite 420
Stockton, CA 95219
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 partythey
purport to represent 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.
BLOSSOM LAND COMPANY, a California
corporation
Dated:
By:
THOMAS P. DOUCETTE
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated:
By:
STEPHEN SCHWABAUER
City Manager
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM
JANICE D. MAGDICH
City Attorney
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EXHIBIT A Order Number: 0192-5663216
Page Number: 9
LEGAL DESCRIPTION
Real property In the City of Lodi , County of San Joaquin, State of Callfornla, described as follows:
PARCEL 1:
THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6
EAST, MOUNT DIABLO BASE AND MERIDIAN.
EXCEPT THEREFROM:
(1) THAT PORTION DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY
16, 1972 IN BOOK 3620 OF OFFICIAL RECORDS, PAGE 118, SAN JOAQUIN COUNTY RECORDS.
(2) A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3
NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF SAID NORTHWEST
QUARTER AND THE WEST LINE OF LOWER SACRAMENTO ROAD (80 FEET WIDE); THENCE WESTERLY
ALONG SAID SOUTH UNE, 735.50 FEET; THENCE NORTHERLY, PARALLEL TO THE EAST UNE OF SAID
NORTHWEST QUARTER, 1271 FEET, MORE OR LESS, TO THE SOUTH LINE OF HIGHWAY 12, AS
DESCRIBED IN DEED RECORDED FEBRUARY 16, 1972 IN BOOK 3620 OF OFFICIAL RECORDS, PAGE 118,
SAN JOAQUIN COUNTY RECORDS; THENCE EASTERLY ALONG THE SOUTH UNE OF SAID HIGHWAY 12,
735.50 FEET TO THE WEST LINE OF LOWER SACRAMENTO ROAD; THENCE SOUTHERLY ALONG SAID
WEST LINE, 1271 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
(3) A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3
NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH UNE OF THE NORTH HALF OF SAID NORTHWEST
QUARTER AND THE WEST LINE OF LOWER SACRAMENTO ROAD (80 FEET WIDE); THENCE WESTERLY
ALONG SAID SOUTH LINE, 735.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00° 03'
EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER SECTION, 1246.35 FEET TO
THE SOUTH UNE OF KETTLEMAN LANE (100 FEET WIDE); THENCE ALONG SAID SOUTH LINE, NORTH
89° 09' 30" WEST, 546.33 FEET TO THE SOUTHERLY PROJECTION OF THE WEST LINE OF LOT 10 OF
THE TAYLOR TRACT AS FILED IN VOL 3 OF MAPS AND PLATS, PAGE 47, SAN JOAQUIN COUNTY
RECORDS; THENCE RUNNING PARALLEL WITH SAID EAST LINE OF THE NORTHWEST QUARTER
SECTION, SOUTH 0° 03' WEST, 1246.31 FEET TO SAID SOUTH LINE OF THE NORTH HALF OF THE
NORTH HALF OF SECTION 15; THENCE ALONG SAID SOUTH LINE, SOUTH 89° 09' 15" EAST, 546.33 TO
THE TRUE POINT OF BEGINNING.
(4) THAT PORTION CONVEYED TO THE CITY OF LODI BY DEED RECORDED AUGUST 12, 2003 AS
INSTRUMENT NO. 2003-181033, SAN JOAQUIN COUNTY RECORDS.
PARCEL 2:
A PORTION OF PARCEL NINE, PARCEL TEN, PARCEL ELEVEN, PARCEL THIRTEEN AND ALL OF PARCEL
TWELVE, AS DESCRIBED IN THAT CERTAIN QUITCLAIM DEED RECORDED MAY 20, 1996 AS
INSTRUMENT NO. 96052704, SAN JOAQUIN COUNTY RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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Order Number: 0192-5663216
Page Number: 10
COMMENCING AT A BOLT MARKING THE CENTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6
EAST, MOUNT DIABLO BASE AND MERIDIAN, ALSO BEING POINT ON THE CENTERLINE OF LOWER
SACRAMENTO ROAD; THENCE SOUTH 00° 00' 33" EAST, 26.00 FEET ALONG THE NORTH -SOUTH
QUARTER (N -S 1/4) SECTION LINE OF SAID SECTION 15; THENCE THE FOLLOWING FIFTEEN (150
COURSES:
1) SOUTH 89° 57' 53" WEST, 439.30 FEET;
2) ALONG AN ARC OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
1026.00 FEET, A CENTRAL ANGLE OF 25° 51' 28" AND AN ARC LENGTH OF 463.04 FEET;
3) ALONG AN ARC OF A TANGENT REVERSE CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL
LINE BEARING SOUTH 25° 49' 21" WEST, HAVING A RADIUS OF 974.00 FEET, A CENTRAL ANGLE OF
00° 35' 14" AND AN ARC LENGTH OF 9.98 FEET;
4) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL
LINE BEARING SOUTH 25° 14' 07 WEST, HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 95°
26' 10" AND AN ARC LENGTH OF 39.98 FEET
5) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL
LINE BEARING SOUTH 70° 12' 03" EAST, HAVING A RADIUS OF 975.00 FEET, A CENTRAL ANGLE OF 00°
12' 20" AND AN ARC LENGTH OF 3.50 FEET;
6) NORTH 70° 24' 23" WEST, 50 FEET;
7) ALONG AN ARC OF A CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL LINE BEARING NORTH
70° 24' 23" WEST, HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 90° 16' 50" AND AN ARC
LENGTH OF 37.82 FEET;
8) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTH FROM A RADIAL LINE
BEARING SOUTH 19° 18' 47" WEST, HAVING A RADIUS OF 966.00 FEET, A CENTRAL ANGLE OF 36° 47'
59" AND AN ARC LENGTH OF 620.44 FEET;
9) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL
LINE BEARING SOUTH 17° 29' 12" EAST, HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 92°
45' 34" AND AN ARC LENGTH OF 38.86 FEET;
10) SOUTH 69° 45' 14" WEST, 50.00 FEET;
11) ALONG AN ARC OF A CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL LINE BEARING SOUTH
69° 45' 14" WEST, HAVING A RADIUS OF 975.00 FEET, A CENTRAL ANGLE OF 00° 27' 35" AND AN ARC
LENGTH OF 7.82 FEET;
12) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL
UNE BEARING SOUTH 69° 17' 39" WEST, HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 92°
43' 09" AND AN ARC LENGTH OF 38.84 FEET;
13) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL
LINE BEARING SOUTH 23° 25' 30" EAST, HAVING A RADIUS OF 974.00 FEET, A CENTRAL ANGLE OF 02°
30' 06" AND AN ARC LENGTH OF 42.53 FEET;
14) ALONG AN ARC OF A TANGENT REVERSE CURVE CONCAVE TO THE NORTHWEST FROM A RADIAL
LINE BEARING NORTH 25° 55' 36" WEST, HAVING A RADIUS OF 1026.00 FEET, A CENTRAL ANGLE OF
25° 53' 29" AND AN ARC LENGTH OF 463.64 FEET; AND
First American Title
Page 10 of 21
Order Number: 0192-5663216
Page Number: 11
15) SOUTH 89° 57' 53" WEST, 456.76 FEET TO THE WEST LINE OF SAID PARCEL NINE, ALSO BEING
THE WEST UNE OF SAID SECTION 15; THENCE ALONG SAID WEST LINE, NORTH 00° 02' 07" WEST,
513.00 FEET; THENCE LEAVING LAST SAID LINE, NORTH 89° 57' 53" EAST, 333.88 FEET; THENCE
ALONG THE FOLLOWING THIRTEEN (13) COURSES:
1) PARALLEL WITH THE WEST UNE OF SAID SECTION 15, NORTH 00° 02' 07" WEST, 90.30 FEET;
2) ALONG AN ARC OF CURVE CONCAVE TO THE NORTH FROM A RADIAL LINE BEARING NORTH 02° 35'
18" WEST, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 02° 33' 11" AND AN ARC LENGTH
OF 13.37 FEET;
3) SOUTH 89° 57' 53" WEST, 8.52 FEET;
4) PARALLEL WITH THE WEST UNE OF SAID SECTION 15, NORTH 00° 02' 07" WEST, 142.00 FEET;
5) NORTH 89° 57' 53" EAST, 39.61 FEET;
6) NORTH 67° 41' 55" EAST, 77.99 FEET;
7) NORTH 22° 18' 05" WEST, 19.47 FEET;
8) NORTH 67° 41' 55" EAST, 142.00 FEET;
9) SOUTH 22° 18' 05" EAST, 137.98 FEET;
10) ALONG AN ARC OF A CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL LINE BEARING SOUTH
16° 33' 44" EAST, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 21° 31' 13" AND AN ARC
LENGTH OF 187.50;
11) SOUTH 85° 02' 31" EAST, 183.56 FEET;
12) ALONG AN ARC OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
800.00 FEET, A CENTRAL ANGLE OF 04° 59' 36" AND AN ARC LENGTH OF 69.72 FEET; AND
13) NORTH 89° 57' 53" EAST, 291.25 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT
OF BEGINNING THE FOLLOWING TWENTY-FIVE (25) COURSES:
1) SOUTH 00° 00' 18" WEST, 37.97 FEET;
2) SOUTH 89° 59' 42" EAST, 37.00 FEET;
3) NORTH 44° 59' 05" EAST, 14.14 FEET;
4) NORTH 89° 59' 53" EAST, 80.00 FEET;
5) SOUTH 45° 00' 55" EAST, 14.15 FEET;
6) NORTH 89° 56' 58" EAST, 52.00 FEET;
7) NORTH 44° 59' 05" EAST, 14.14 FEET;
8) NORTH 89° 57' 53" EAST, 70.01 FEET; 9) SOUTH 00° 00' 18" WEST, 217.23 FEET; 10) SOUTH 76° 57'
09" EAST, 41.55 FEET; 11) SOUTH 74° 52' 04" EAST, 51.22 FEET;
12) SOUTH 72° 33' 57" EAST, 51.22 FEET;
FirstAmerlcan Title
Page 11 of 21
Order Number: 0192-5663216
Page Number: 12
13) SOUTH 70° 10' 31" EAST, 55.17 FEET;
14) SOUTH 67° 44' 49" EAST, 52.00 FEET;
15) NORTH 22° 15' 11" EAST, 20.02 FEET;
16) SOUTH 65° 16' 22" EAST, 64.97 FEET;
17) SOUTH 67° 13' 39" EAST, 55.34 FEET;
18) SOUTH 69° 46' 20" EAST, 7.27 FEET;
19) NORTH 18° 27' 11" EAST, 100.26 FEET;
20) ALONG AN ARC OF A CURVE CONCAVE TO THE NORTHEAST FROM A RADIAL UNE BEARING NORTH
18° 27' 11" EAST, HAVING A RADIUS OF 726.00 FEET, A CENTRAL ANGLE OF 00° 39' 16" AND ARC
LENGTH OF 8.29 FEET;
21) NORTH 17° 47' 55" EAST, 52.00 FEET;
22) NORTH 28° 49' 47" WEST, 13.73 FEET;
23) ALONG AN ARC OF A CURVE CONCAVE TO THE WEST FROM A RADIAL LINE BEARING NORTH 75°
27' 29" WEST, HAVING A RADIUS OF 246.00 FEET, A CENTRAL ANGLE OF 14° 32' 13" AND AN ARC
LENGTH OF 62.41 FEET;
24) NORTH 00° 00' 18" EAST, 21.15 FEET; AND
25) SOUTH 89° 12' 24 " EAST, 623.56 FEET TO THE EAST LINE OF SAID PARCEL THIRTEEN, ALSO
BEING A POINT ON THE CENTERLINE OF LOWER SACRAMENTO ROAD, ALSO BEING A POINT ON THE
EAST LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 15; THENCE ALONG SAID EAST
LINE, NORTH, 218.70 FEET TO THE SOUTHEAST (SE) CORNER OF PARCEL EIGHTEEN AS DESCRIBED IN
THAT CERTAIN QUITCLAIM DEED RECORDED MAY 20, 1996 AS INSTRUMENT NO. 96052704, SAN
JOAQUIN COUNTY RECORDS; THENCE ALONG THE SOUTH LINE OF SAID PARCEL EIGHTEEN, WEST
310.00 FEET TO THE SOUTHWEST (SW) CORNER OF SAID PARCEL EIGHTEEN, THENCE ALONG THE
WEST LINE OF SAID PARCEL EIGHTEEN, PARALLEL WITH THE EAST LINE OF THE NORTHWEST
QUARTER (NW1/4) OF SAID SECTION 15, NORTH, 180.00 FEET TO THE NORTHWEST (NW) CORNER OF
SAID PARCEL EIGHTEEN, THENCE ALONG THE NORTH LINE OF SAID PARCEL EIGHTEEN, PARALLEL
WITH THE SOUTH UNE OF SAID PARCEL EIGHTEEN, EAST, 310.00 FEET TO THE NORTHEAST (NE)
CORNER OF SAID PARCEL EIGHTEEN, ALSO BEING A POINT ON THE CENTERLINE OF LOWER
SACRAMENTO ROAD, ALSO BEING A POINT OF THE EAST LINE OF THE NORTHWEST QUARTER (NW1/4)
OF SAID SECTION 15; THENCE ALONG SAID EAST LINE, NORTH, 357.38 FEET TO THE NORTHEAST
(NE) CORNER OF SAID PARCEL TEN, ALSO BEING A POINT ON THE EAST -WEST QUARTER -QUARTER (E-
W 1/4 1/4) SECTION LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 15; THENCE
ALONG SAID EAST -WEST QUARTER -QUARTER (E -W 1/4 1/4) SECTION LINE, NORTH 89° 12' 24" WEST,
1312.58 FEET, MORE OR LESS, TO A POINT, SOUTH 89° 12' 24" EAST, 1330.19 FEET FROM THE
NORTHWEST (NW) CORNER OF SAID PARCEL TEN; THENCE LEAVING SAID LINE, SOUTH 00° 00' 18"
WEST, 648.43 FEET TO THE POINT OF BEGINNING, BEING PARCEL 5 OF LOT UNE ADJUSTMENT 09-R-
03, RECORDED JANUARY 11, 2010 AS INSTRUMENT NO. 2010-002139, SAN JOAQUIN COUNTY
RECORDS.
EXCEPTING THEREFROM ALL OIL, GAS OR MINERAL RIGHTS BELOW SIX HUNDRED FEET (600') OF THE
SURFACE OF THE PROPERTY, WITH NO RIGHT OF SURFACE ENTRY, AS RESERVED IN THE DEED
RECORDED JANUARY 11, 2010 AS INSTRUMENT NO. 2010-002141, SAN JOAQUIN COUNTY RECORDS.
FirstAmerlcan Title
Page 12 of 21
Order Number: 0192-5663216
Page Number: 13
PARCEL 3:
A PORTION OF THE SOUTHERLY ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 15,
TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 15;
THENCE NORTH, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 784 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE NORTH ALONG THE EAST
LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 180 FEET; THENCE DUE WEST A DISTANCE OF
310 FEET; THENCE DUE SOUTH A DISTANCE OF 180 FEET; THENCE EAST, 310 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ALL OIL, GAS OR MINERAL RIGHTS BELOW SIX HUNDRED FEET (600') OF THE
SURFACE OF THE PROPERTY, WITH NO RIGHT OF SURFACE ENTRY, AS RESERVED IN THE DEED
RECORDED JANUARY 11, 2010 AS INSTRUMENT NO. 2010-002141, SAN JOAQUIN COUNTY RECORDS.
APN: 058-030-090-000 (Affects Parcel 1), 058-030-160-000 (Affects Parcel 2) and 058-030-040-000
(Parcel 3)
FlrstAmer/can 7711e
Page 13 of 21
Order Number: 0192-5663216
Page Number: 14
-1
it
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first American 77t1e
Page 14 of 21
BILLING SCHEDULE EXHIBIT B
Development: Gateway North, Unit No. 1 Gross Acreage: 19.29
Developer: FCB Homes No. of Units: 98
Engineer: MCR Engineering
Date: 9/25/18 Construction cost $2,728,100.00
DEVELOPER
COST CREDITS
ENGINEERING
Engineering Fee (5% of $100,000) ENGFEE $5,000.00
(3.5% of $200,000) ENGFEE $7,000.00
(2.5% of $2,428,100) ENGFEE $60,702.50
Inspection Fee (4% of $250,000) ENGINS $10,000.00
(3.5% of $750,000) ENGINS $26,250.00
(3% of $1,728,100) ENGINS $51,843.00
Engineering Fee Paid ENGFEE $ 119,548.00
Improvement Agreement Fee ENGFEE $2,211.00
ENGINEERING SUBTOTAL $163,006.50 $ 119,548.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees PW03 1 LS @ $ 2,047.00 $2,047.00
(Charge for 1 year inspection)
Charges for work by City Forces:
Seal Coat WKOTPW 140,313 SF @ $ 0.08 $11,225.04
STREET SYSTEM SUBTOTAL $13,272.04 $0.00
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe Installation PW03 3,785 LF @ $ 1.50 $5,677.50
TV Inspection for Project Acceptance PW03 3,785 LF @ $ 1.50 $5,677.50
SEWER SYSTEM SUBTOTAL $11,355.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe installation
TV Inspection for Project Acceptance
STORM DRAIN SYSTEM SUBTOTAL
ELECTRICAL SYSTEM
(1701.6525) 2,490 LF @ $
(1701.6525) 2,490 LF @ $
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE
Reimbursement Agreement 2007-52
058-030-16 (old APN 058-030-03) 18.15 Acres @ $5,735.99/Acre $104,108.22
058-030-16 (old APN 058-030-05) 3.90 Acres @ $4,832.08/Acre $18,845.11
058-030-04 $14,684.54
1.50 $3,735.00
1.50 $3,735.00
$7,470.00 $0.00
$195,103.54 $119,548.00
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $213,193.41
Pending Reimbursement RA 1801 Fee to be determined. Payment due at Final Map Approval
City of Lodi
Publics Works Department
COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Development: Gateway North, Unit No. 1
Developer. FCB Homes
Engineer: MCR Engineering
TOTAL COST OF PROJECT IMPROVEMENTS
Item Description
Quantity 11011
Erik Lok
She Preparation & Grading
1 Site Preparation, Clearing and Grubbing 19 AC $1,381.00 $26,239.00
2 Earthwork 6,000 CY 93.00 $18,000.00
3 Lot Grading 98 EA 92,071.00 5202,956.00
4 Basin Excavation 1 LS 5150,000.00 5150,000 00
Street Improvements
1 Aggregate Base 4" Class II 140,313 SF 90.80 $112,250.40
2 Asphalt Concrete 2 5" 140,313 SF 92,00 $280,626.00
3 Survey Monuments 17 EA 9828.00 $14,076.00
4 Vertical Curb, Gutter, & Sidewalk 785 LF 935,00 $27,475.00
5 Roll Type Curb, Gutter, & Sidewalk 6,524 LF 530.00 $195,720.00
6 Sidewalk 37,821 SF 58.00 5302,566.00
7 Curb Return Incl Ramp 14 EA 53,451.00 548,314 00
8 Curb Return w/o Ramp 3 EA $1,500.00 54.50000
9 In -Line Ramp 6 EA 52,761.00 $16,566 00
10 Concrete Driveway Apron 3 EA 92,071.00 $6,213.00
11 Street Lights 39 EA 54,14200 $161,538 00
12 8' Masonry Wall & Pilaster 1,260 LF 3173.00 3217,980.00
13 Signage & Striping 1 LS 515,00000 $15.000,00
14 Erosion & Sediment Control 96 EA 5200.00 $19,600.00
Subtotal 31,819,62340
Storm Drain System
1 12" Storm Drain Pipe 519 LF 54000 524,91200
2. 15" Storm Drain Pipe 1,002 LF $62.00 $62,124.00
3 18" Storm Drain Pipe 133 LF 576.00 $10,108 00
4 24" Storm Drain Pipe 725 LF 990.00 $65,250 00
a 30" Storm Drain Pipe 111 LF $97.00 510,767 00
6 Side Inlet Catch Basin 14 EA $2,761.00 538,654 00
7 48" Storm Drain Manhole 9 EA 54,14200 337,278 00
8 Connect to Existing Storm Drain 2 EA 56,903.00 313,806 00
2 Stub & Plug 1 EA 51,00000 31,000 00
Subtotal 3263,89900
Sanitary Sewer System
1 6" Sanitary Sewer Pipe 1,624 LF 817.00 527.608 00
2 8" Sanitary Sewer Pipe 2,161 LF 530.00 364.830 00
3. Sanitary Sewer Manhole (48") 12 EA 53,451.00 541,412 00
4 Sanitary Service with Cleanout 98 EA 5621.00 560,858 00
5 Connect to Existing Sanitary Sewer 2 EA 56,903.00 513,806 00
0 Stub & Plug 1 EA 51,000.00 51,000 00
Subtotal 3209,514.00
Water System
1 6" Water Pipe 210 LF 341.00 58,610.00
2 8" Water Pipe 3.995 LF 555,00 3219,725.00
3 8" Gate Valve 20 FA 51,657.00 $33,140.00
4 Fire Hydrant Assembly 8 FA 54,142.00 533,136.00
5 1" Water Service w/Meter Box 98 EA 5828,00 $81,144.00
5 Blowoff (Temporary) 1 EA $552,00 5552.00
7 Blowoff (Permanent) 1 EA 51,657.00 51,657 00
a Connect to Existing 4 EA 36,903.00 327,612.00
Subtotal 5405,576.00
Total 92,698,612.40
Total Construction Cost Subject to Engineering Fee Calculation (A Developer Cost)
Construction Engineering & Staking @ 1% ±
As -built Plans & Certifications
TOTAL COST FOR ENGINEERING FEE CALCULATION
Faithful Performance: 100% of A
Labor & Materials: 100% of A
32,728,100.00
32,728,100.00
A. DEVELOPER COST
Quantity Tota
19 526,239.00
6,000 318,000,00
98 5202,95&00
1 9150,000.00
140,313 9112,25040
140,313 3280,626 00
17 $14,076.00
785 327,475.00
6,524 3195,720.00
37,821 3302,568.00
14 $48,314.00
3 54,500.00
6 516,566.00
3 $6,213.00
39 5161,538.00
1,260 5217,980.00
1 915,000.00
98 519,600.00
Subtotat 51,819,623,40
519 524,912.00
1,002 $62,124.00
133 510,10800
725 565,250 00
111 310,767 00
14 $38,654.00
9 337,278.00
2 313,806,00
1 31,000,00
SuglMal 5263,899.00
1,624 $27,608 00
2,161 564,830 00
12 341,41200
98 $60,858 00
2 313,80600
1 $1,000.00
Subtotal $209,51400
210 56,610.00
3,995 3219,725.00
20 333,140.00
8 333,136.00
98 381,144,00
1 $552.00
1 31,657,00
4 327,61200
Subtotal 5405,57600
Tota] 32,698,612.40
32,698,612.40
526,986.12
32,500.00
A. Total 32,728,100.00
Acres: 19 29
Date: 9/6/18
Lots: 98
B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
Quantity jcial
3000
30.00
50.00
30.00
0.00
0.00
0.00
000
0.00
Q00
0.00
0.00
0.00
0.00
000
0.00
000
0.00
Subtotal Street System - On -Site 30.00
10% Engineering & Administration 0.00
Total Street System 5000
Subtotal Storm Drain System
4055 Engineering & Adminlslratlon
Total Storni Drain System
Subtotal Sanitary Sewer System
I0% Engineering & Administration
Total Sanitary Sewer System
Subtotal Water System
0% Engineering & Administration
Total Water System
50.00
0.00
0.00
0 00
0.00
000
0.00
0.00
0.00
30 00
0.00
50.00
30.00
50.00
30 00
0.00
0.00
apo
50.00
0.00
30.00
30.00
90 00
50.00
50.00
50.00
$0.00
0.00
$0.00
90.00
000
$0.00
B. Total 30.00
EXHIBIT C
NOTE: in 'try 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) to submit the required insurance documentation electronically
Insurance Requirements for Public Improvement Agreements
Developer shall not commence work under this Agreement until Developer shall have obtained all insurance required under this
exhibit, nor shall Developer allow any contractor of subcontractor to commence work on Developer's contact 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 endorsement and shall specifically bind the insurance carrier.
Developer shall procure and maintain during the life of this Agreement such insurance as shall insure City, it's elected and appointed
boards, commissions, officer, agents, employees and volunteers, 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 Developers' or any
contractors' or subcontractors' operations hereunder, whether such operations be by Developer or any contractor of subcontractor or
by anyone directly or indirectly employed by either Developer or any contractor of subcontractor, and the amount of such insurance
shall be as follows:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Developer has no owned autos, then hired, and non -
owned autos with limit no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of
no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability
insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a
period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual
liability.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as
additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf
of the Developer including materials, parts, or equipment furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the Developer's insurance (at least as broad as ISO Form CG 20 10
11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if a later edition
is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any
claims related to this contract, the Developer's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04
13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity,
its officers, officials, employees, or volunteers shall be excess of the Developer's insurance and shall not contribute with it.
(c) Waiver of Subrogation Developer hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Developer may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Developer agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it
is insuring.
(d) SeVE;�agey1�ror pages auae'
Risk: rev. 9/202018
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Developers commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) 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. 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.).
(g) Failure to Comply
If Developer fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Developer shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Developer of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Developer shall pay such reimbursement and
interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if
Developer fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the
City may terminate this Agreement upon such breach. Upon such termination, Developer shall immediately cease use of the Site or
facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Developer shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory
endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and
endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Developer's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any
time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Developer to provide proof of ability to
pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Developer and Developer's officers, employees, agents,
representatives, contractors or subcontractor. Developer's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in
the Agreement for Developer to procure and maintain a policy of insurance.
(k) Subcontractor
Developer shall require and verify that all contractor and subcontractor maintain insurance meeting all the requirements stated
herein, and Developer shall ensure that City is an additional insured on insurance required from contractors and subcontractors.
(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.
(m) Completed Operations Endorsement
For three years after completion of the project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07
04, will be provided to the City of Lodi.
Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability
insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a
period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual
liability.
Page 2 1 of 2 pages 1 Risk: rev. 9/202018
Engineering
Gateway North Subdivision,
Unit No. 1, Tract No. 3940
Improvement Agreement
Item H-1
February 6, 2019
Gateway North, Unit No. 1, Tract No. 3940
a
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EXHIBIT
GATEWAY NORTH SUBDIVISION
UNIT 1 VICINITY MAP
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CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM J
41.1
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Agreement
for Gateway North Subdivision, Unit No. 1, Tract No. 3940
MEETING DATE: February 6, 2019
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Adopt resolution authorizing City Manager to execute Improvement
Agreement for Gateway North Subdivision, Unit No. 1, Tract No.
3940.
Gateway North Subdivision, Unit No. 1, is located west of Lower
Sacramento Road and south of Lodi Shopping Center, as shown on
Exhibit A. Unit No. 1 consists of 98 single-family, residential Tots.
The developer, Blossom Land Company (Developer), will be presenting the final map for approval at a
later date. This project is inside the Area of Benefit of Reimbursement Agreement RA18-01 (Lodi
Shopping Center) which is currently in the approval process. Developer will be responsible for the
reimbursement payment p'rierto the final .,,ap recordati ; in accordance with Lodi Municipal Code
§17.62.060.
The project includes the installation of all interior subdivision public improvements and street
improvements on Lower Sacramento Road from the southerly Lodi Shopping Center Driveway to its
southerly boundary of the single-family home development (270 linear feet).
Developer has requested to execute a separate improvement agreement to design and construct the
Lower Sacramento Road public improvements in order to expedite construction of the other site
improvements. City staff has deemed this a reasonable request and included a condition requiring that
the Lower Sacramento Road public improvements be completed prior to final acceptance of the Gateway
North, Unit No. 1, project.
Developer has furnished the City with improvement plans, necessary agreements, guarantees, insurance
certificates, and the required fees for the proposed subdivision. Development Impact Fees will be
collected as part of the building permit process, prior to issuing a certificate of occupancy, for each
single-family residence, in accordance with Lodi Municipal Code §15.64.040. This project is part of the
Community Facilities District No. 2007-1 (Public Services) (CFD).
Portions of the cost to install certain offsite public improvements that benefit other properties may be
eligible for reimbursement from others. It is Developer's responsibility to request reimbursement and
submit the appropriate information per Lodi Municipal Code Chapter §17.62.
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
APPROVED:
glit
Schwab..er, y Manager
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement\C_ImpAgmt_Unit 1 doc
2/6/2019
Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Gateway North Subdivision, Unit No. 1, Tract;No. 3940
February 6, 2019
Page 2
FUNDING AVAILABLE
space maintenance. This cost will be partially offset by proceeds from the
CFD.
Not applicable.
DrLkQ
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 Civil Engineer Kiriu
Senior Engineering Technician Wiman
Blossom Land Company
MCR Engineering
Browman Development Company
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement\C_ImpAgmt_Unit 1.doc 2/6/2019
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Gateway North Subdivision 1
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EXHIBIT A
GATEWAY NORTH SUBDIVISION
UNIT 1 VICINITY MAP
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1 inch = 300 feet
Path: K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement\C_ExhibitA.mxd
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
GATEWAY NORTH, UNIT NO.1
TRACT NO. 3940
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and Blossom Land Company, a California
corporation, 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 Parcels 2 and 3 (A.P.Ns.: 058-03-016 AND 058-03-040) and more
particularly described in Exhibit A, attached hereto and incorporated herein. Developer has
presented to City for approval the final subdivision maps based on the Vesting Tentative Map
approved by the Lodi Planning Commission on December 13, 2017, pursuant to Planning
Commission Resolution No. 17-20, entitled "Gateway North". Developer presented a final
subdivision map titled "Gateway North, Unit No. 1" for a portion of the Gateway North subdivision,
hereinafter called "Map," the Map was filed with the Public Works Director for presentation to the
City Council for approval, and ishereby referred to and incorporated herein;
Developer has requested approval of the improvement plans (Plan Set D181) prior to the final
approval of the Map. The public improvement plans include all streets, highways or public ways,
and public utilities and facilities which are a part of, or appurtenant to, the Gateway North, Unit No.
1 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.
Developer acknowleds that a subsequent improvement agreement will be required for the Lower
Sacramento Road improvements prior to final approval of the Map.
City Council will adopt a resolution to approve the Map and accept the dedications therein offered
at a later date on the condition that Developer will first enter into and execute this Agreement with
City and meet the requirements of the 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:
'I. Performance of Work IoN_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
D181, 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:
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A. Street light installation and connection to City system;
B Street frontage improvements on Lower Sacramento Road (by separate
agreement)
C. Natural gas line installation;
D. Telephone line installation;
E. Electrical system; and
F. 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 B, attached hereto and incorporated herein.
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; and
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 capacity, street
improvements, storm drain, police, fire, parks and recreation, general City facilities, and
art in public places are required for this Project. Payment of the Development Impact
Mitigation Fees shall be collected prior to issuance of the 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.
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b- Beimbursernent to Others
Developer acknowledges that the City Council adopted RA 18-01 at its regular meeting on -
February 6. 2019 (Resolution No. 2019- ). Developer agrees to Day all costs alto tern
to Developer in RA 18-01 in accordance with LMC 417.62.060. as shown in Exhibit
& 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 7 Work Time for Commencement and Performance
Developer shall, within 365 calendar days from the date of this Agreement, perform or
cause to be performed, all work and/or improvements described in this Agreement. At
least 15 calendar days prior to the commencement of work hereunder, Developer shall
notify the Public Works Director of the date fixed by Developer for commencement
thereof, so that City can provide inspection services
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 make the sole and final determination as to whether
or not good cause has been shown to entitle Developer to an extension.
8.9.RecordDrawings and Certifications
Prior to acceptance of the Project improvements, Developer shall have installed and put
in place, all survey monuments as shown on the Map and provide record drawings and
certifications as described in the City of Lodi Public Improvement Design Standards.
5:10 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 :?l- Superintendence by Deve[oper
Developer shall give personal superintendence to the Project, or have a competent agent,
foreman or superintendent, satisfactory to the Public Works Director, on the Project work
site at all times during construction, with authority to act for Developer -
1 -1 X12. 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.
113. 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
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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:
$ 2,728,100
$ 2,728,100
1.1 VI/arrartty 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
Project improvements shall commence upon the date of final acceptance for the entire
Project.
14.15. Indemnity and Hold -Harmless Agreement
Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter
defined), the Developer hereby assumes liability for and agrees to defend (at
Indemnitees' option), indemnify, protect and hold harmless City and its elected and
appointed boards, commissions, officers, agents, volunteers, and employees
("Indemnitees") from and against any and all claims, charges, damages, demands,
actions, proceedings, losses, stop notices, costs, expenses (including attorney fees),
judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may
be sustained or suffered by or secured against the Indemnitees arising out of or
encountered in connection with this Agreement of the performance of the Project
including, but not limited to, death of or bodily or personal injury to persons or damage to
property, including owned by or under the care and custody of City, and for civil fines and
penalties, that may arise from or be caused, in whole or in part, by any negligent or other
act or omission of Developer, its officers, agents, employees, contractors or
subcontractors including, but not limited to, liability arising from:
A. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the Project site by Developer, its
officers, agents, employees, contractors or subcontractors;
B. Any operation conducted upon or any use or occupation of the premises by
Developer, its officers, agents, employees, contractors or subcontractors under or
pursuant to the provisions of this Agreement or otherwise;
C. Any act, omission, or negligence of Developer, its officers, agents, employees,
contractors or subcontractors.
D. Any failure of Developer, its officers, agents or employees to comply with any of
the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
E. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in sub -sections (1), (2), (3), and (4) of this paragraph, existing or
conducted upon or arising from the use or occupation by Developer on any other
premises in the care, custody and control of City.
The Developer also agrees to indemnify City and pay for all damage or loss suffered by
City including but not limited to damage to or loss of City property, to the extent not
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insured by City and loss of City revenue from any source, caused by or arising out of the
conditions, operations, uses, occupations, acts, omissions or negligence referred to in
sub -sections (1), (2), (3), (4), and (5) of this paragraph
Developer's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee
However, without affecting the rights of City under any provision of this Agreement,
Developer shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Developer will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Developer agrees to obtain executed indemnity agreements with provisions identical to
those set forth in this paragraph from each and every contractor or subcontractor or any
other person or entity involved by, for, with or on behalf of Developer in the performance
of this Agreement. In the event Developer fails to obtain such indemnity obligations from
others as required here, Developer agrees to be fully responsible according to the terms
of this paragraph.
Failure of City to monitor compliance with these requirements of this paragraph imposes
no additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Developer and shall survive the termination of this
Agreement or this paragraph.
This Indemnity shall survive termination of the Agreement. This Indemnity is in addition to
any other rights or remedies that the lndemnitees may have under the law or under any
other contract or agreements. In the event of any claim or demand made against any
party which is entitled to be indemnified hereunder, City may, in its sole discretion,
reserve, retrain or apply any monies owing to the Developer under this Agreement, if any,
for the purpose of resolving such claims; provided, however, City may release such funds
if the Developer provides City with reasonable assurance of protection of the lndemnitees'
interests. City shall, in its sole discretion, determine whether such assurances are
reasonable.
I:+ 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 behalf or request until all
similar insurance required of the contractor or subcontractor shall have been so obtained
and approved by the City;s Riak Manager. All requirements herein provided shall appear
either in the body of the insurance policies or as endorsements and shall specifically bind
the insurance carrier.
Insurance requirements are set forth in Exhibit C, attached hereto and incorporated
herein.
16,17. 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.
17.18. _ Repair or Reconstruction of Defective Work
If, within a period of two (2) years after final acceptance by City of the work performed
under this Agreement, any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Developer, or any of the work
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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.
l8.19. Landscape Maintenance
Developer shall perform regular maintenance on landscape elements, including plants
and irrigation systems 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.
19.20 _ Repair or Replacement of City -Owned Bypass Meter Assemblies
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. City will supply these assemblies upon
receipt of a deposit in the amount of $5,263 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."
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 Project construction 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.
Fire Protection During-CQnst-rudion
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 Project construction. The above may
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be modified when alternate methods of protection approved by the Fire Chief are
provided.
2223. 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.
Dwelling Occupancy
City will not allow occupancy of any building or structure within the area of the Map 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.
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.
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.
-2 7 Breach of Agreement: Performance bL+ Surety or City
In the event of any breach of this Agreement, Developer's surety shall have the duty to
take over and complete the work and the improvements as 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.
2-28, This Agreement shall run with the land and be binding on the Developer, its heirs,
successors and assigns.
229. Notices.
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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. 0. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows.
Thomas P. Doucette
President
Blossom Land Company
10100 Trinity Parkway, Suite 420
Stockton, CA 95219
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.
Authority
The undersigned hereby represent and warrant that they are authorized by the partythey
purport to represent to execute this Agreement.
[The balance of this page is intentionally left blank.]
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Execution
In Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto affixed.
BLOSSOM LAND COMPANY, a California
corporation
Dated:
By:
THOMAS P. DOUCETTE
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated:
By:
STEPHEN SCHWABAUER
City Manager
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM:
JANICE D. MAGDICH
City Attorney
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Lirul-iREVISED,]i7Mdoa o 9 2/6/2019
EXHIBIT A Order Number: 0192-5663216
Page Number: 9
LEGAL DESCRIPTION
Real property In the City of Lodi , County of San Joaquin, State of California, described as follows:
PARCEL 1:
THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6
EAST, MOUNT DIABLO BASE AND MERIDIAN.
EXCEPT THEREFROM:
(1) THAT PORTION DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY
16, 1972 IN BOOK 3620 OF OFFICIAL RECORDS, PAGE 118, SAN JOAQUIN COUNTY RECORDS.
(2) A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3
NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF SAID NORTHWEST
QUARTER AND THE WEST UNE OF LOWER SACRAMENTO ROAD (80 FEET WIDE); THENCE WESTERLY
ALONG SAID SOUTH UNE, 735.50 FEET; THENCE NORTHERLY, PARALLEL TO THE EAST UNE OF SAID
NORTHWEST QUARTER, 1271 FEET, MORE OR LESS, TO THE SOUTH LINE OF HIGHWAY 12, AS
DESCRIBED IN DEED RECORDED FEBRUARY 16, 1972 IN BOOK 3620 OF OFFICIAL RECORDS, PAGE 118,
SAN JOAQUIN COUNTY RECORDS; THELE EASTERLY ALONG THE SOUTH UNE OF SAID HIGHWAY 12,
735.50 FEET TO THE WEST LINE OF LOWER SACRAMENTO ROAD; THENCE SOUTHERLY ALONG SAID
WEST LINE, 1271 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
(3) A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3
NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH UNE OF THE NORTH HALF OF SAID NORTHWEST
QUARTER AND THE WEST LINE OF LOWER SACRAMENTO ROAD (80 FEET WIDE); THENCE WESTERLY
ALONG SAID SOUTH UNE, 735.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00° 03'
EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER SECTION, 1246.35 FEET TO
THE SOUTH UNE OF KETREMAN LANE (100 FEET WIDE); THENCE ALONG SAID SOUTH UNE, NORTH
89° 09' 30" WEST, 546.33 FEET TO THE SOUTHERLY PROJECTION OF THE WEST UNE OF LOT 10 OF
THE TAYLOR TRACT AS FILED IN VOL 3 OF MAPS AND PLATS, PAGE 47, SAN JOAQUIN COUNTY
RECORDS; THENCE RUNNING PARALLEL WITH SAID EAST UNE OF THE NORTHWEST QUARTER
SECTION, SOUTH 0° 03' WEST, 1246.31 FEET 1U SAID SOUTH LINE OF THE NORTH HALF OF THE
NORTH HALF OF SECTION 15; THENCE ALONG SAID SOUTH UNE, SOUTH 89° 09' 15" EAST, 546.33 TO
THE TRUE POINT OF BEGINNING.
(4) THAT PORTION CONVEYED TO THE CITY OF LODI BY DEED RECORDED AUGUST 12, 2003 AS
INSTRUMENT NO. 2003-181033, SAN JOAQUIN COUNTY RECORDS.
PARCEL 2:
A PORTION OF PARCEL NINE, PARCEL TEN, PARCEL ELEVEN, PARCEL THIRTEEN AND ALL OF PARCEL
TWELVE, AS DESCRIBED IN THAT CERTAIN QUITCLAIM DEED RECORDED MAY 20, 1996 AS
INSTRUMENT NO. 96052704, SAN JOAQUIN COUNTY RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FirstAmeflcan 11Ue
Page 9 of 21
Order Number: 0192-5663116
Page Nunbar: 10
COMMENCING AT A BOLT MARKING THE CENTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6
EAST, MOUNT DIABLO BASE AND MERIDIAN, ALSO BEING POINT ON THE CENTERUNE OF LOWER
SACRAMENTO ROAD; THENCE SOUTH 00° 00' 33" EAST, 26.00 FEET ALONG THE NORTH -SOUTH
QUARTER (N -S 1/4) SECTION LINE OF SAID SECTION 15; THENCE THE FOLLOWING FIFTEEN (150
COURSES:
1) SOUTH 89° 57' 53" WEST, 439.30 FEET;
2) ALONG AN ARC OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
1026.00 FEET, A CENTRAL ANGLE OF 25° 51' 28" AND AN ARC LENGTH OF 463.04 FEET;
3) ALONG AN ARC OF A TANGENT REVERSE CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL
UNE BEARING SOUTH 25° 49' 21" WEST, HAVING A RADIUS OF 974.00 FEET, A CENTRAL ANGLE OF
00° 35' 14" AND AN ARC LENGTH OF 9.98 FEET;
4) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL
UNE BEARING SOUTH 25° 14' 07 WEST, HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 95°
26' 10" AND AN ARC LENGTH OF 39.98 FEET
5) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL
LINE BEARING SOUTH 70° 12' 03" EAST, HAVING A RADIUS OF 975.00 FEET, A CENTRAL ANGLE OF 00°
12' 20" AND AN ARC LENGTH OF 3.50 FEET;
6) NORTH 70° 24' 23" WEST, 50 FEET;
7) ALONG AN ARC OF A CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL UNE BEARING NORTH
70° 24' 23" WEST, HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 90° 16' 50" AND AN ARC
LENGTH OF 37.82 FEET;
8) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTH FROM A RADIAL LINE
BEARING SOUTH 19° 18' 47" WEST, HAVING A RADIUS OF 966.00 FEET, A CENTRAL ANGLE OF 36° 47'
59" AND AN ARC LENGTH OF 620.44 FEET;
9) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL
UNE BEARING SOUTH 17° 29' 12" EAST, HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 92°
45' 34" AND AN ARC LENGTH OF 38.86 FEET;
10) SOUTH 69° 45' 14" WEST, 50.00 FEET;
11) ALONG AN ARC OF A CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL LINE BEARING SOUTH
69° 45' 14" WEST, HAVING A RADIUS OF 975.00 FEET, A CENTRAL ANGLE OF 00° 27' 35" AND AN ARC
LENGTH OF 7.82 FEET;
12) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL
UNE BEARING SOUTH 69° 17' 39" WEST, HAVING A RADIUS OF 24,00 FEET, A CENTRAL ANGLE OF 92°
43' 09" AND AN ARC LENGTH OF 38.84 FEET;
13) ALONG AN ARC OF A TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL
UNE BEARING SOUTH 23° 25' 30" EAST, HAVING A RADIUS OF 974.00 FEET, A CENTRAL ANGLE OF 02°
30' 06" AND AN ARC LENGTH OF 42.53 FEET;
14) ALONG AN ARC OF A TANGENT REVERSE CURVE CONCAVE TO THE NORTHWEST FROM A RADIAL
LINE BEARING NORTH 25° 55' 36" WEST, HAVING A RADIUS OF 1026.00 FEET, A CENTRAL ANGLE OF
25° 53' 29" AND AN ARC LENGTH OF 463.64 FEET; AND
First American 77de
Page 10 of 21
Order Number: 0112.6063216
Pape Number: 11
15) SOUTH 89° 57' 53" WEST, 456.76 FEET TO THE WEST UNE OF SAID PARCEL NINE, ALSO BEING
THE WEST UNE OF SAID SECTION 15; THENCE ALONG SAID WEST UNE, NORTH 00° 02' 07" WEST,
513.00 FEET; THENCE LEAVING LAST SAID UNE, NORTH 89° 57 53" EAST, 333.88 FEET; THENCE
ALONG THE FOLLOWING THIRTEEN (13) COURSES:
1) PARALLEL WITH THE WEST LINE OF SAID SECTION 15, NORTH 00° 02' 07" WEST, 90.30 FEET;
2) ALONG AN ARC OF CURVE CONCAVE TO THE NORTH FROM A RADIAL UNE BEARING NORTH 02° 35'
18" WEST, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 02° 33' 11" AND AN ARC LENGTH
OF 13.37 FEET;
3) SOUTH 89° 57 53" WEST, 8.52 FEET;
4) PARALLEL WITH THE WEST UNE OF SAID SECTION 15, NORTH 00° 02' 07" WEST, 142.00 FEET;
5) NORTH 89° 57' 53" EAST, 39.61 FEET;
6) NORTH 67° 41' 55" EAST, 77.99 FEET;
7) NORTH 22° 18' OS" WEST, 19.47 FEET;
8) NORTH 67° 41' 55" EAST, 142.00 FEET;
9) SOUTH 22° 18' 05" EAST, 137.98 FEET;
10) ALONG AN ARC OF A CURVE CONCAVE TO THE SOUTHEAST FROM A RADIAL LINE BEARING SOUTH
16° 33' 44" EAST, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 21° 31' 13" AND AN ARC
LENGTH OF 187.50;
11) SOUTH 85° 02' 31" EAST, 183.56 FEET;
12) ALONG AN ARC OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
800.00 FEET, A CENTRAL ANGLE OF 04° 59' 36" AND AN ARC LENGTH OF 69.72 FEET; AND
13) NORTH 89° 57' 53" EAST, 291.25 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT
OF BEGINNING THE FOLLOWING TWENTY-FIVE (25) COURSES:
1) SOUTH 00° 00' 18" WEST, 37.97 FEET;
2) SOUTH 89° 591 42" EAST, 37.00 FEET;
3) NORTH 44° 59' 05" EAST, 14.14 FEET;
4) NORTH 89° 59' 53" EAST, 80.00 FEET;
5) SOUTH 45° 00' 55" EAST, 14.15 FEET;
6) NORTH 89° 56' 58" EAST, 52.00 FEET;
7) NORTH 44° 59' 05" EAST, 14.14 FEET;
8) NORTH 89° 57 53" EAST, 70.01 FEET; 9) SOUTH 00° 00' 18" WEST, 217.23 FEET; 10) SOUTH 76° 57'
09" EAST, 41.55 FEET; 11) SOUTH 74° 52' 04" EAST, 51.22 FEET;
12) SOUTH 72° 33' 57" EAST, 51.22 FEET;
First Amecan 77Ue
Pape 11 of 21
Order Number: 0122-5663216
Page Number. 12
13) SOUTH 70° 10' 31" EAST, 55.17 FEET;
14) SOUTH 67° 44' 49" EAST, 52.00 FEET;
15) NORTH 22° 15' 11" EAST, 20.02 FEET;
16) SOUTH 65° 16' 22" EAST, 64.97 FEET;
17) SOUTH 67° 13' 39" EAST, 55.34 FEET;
18) SOUTH 69° 46' 20" EAST, 7.27 FEET;
19) NORTH 18° 27' 11" EAST, 100.26 FEET;
20) ALONG AN ARC OF A CURVE CONCAVE TO THE NORTHEAST FROM A RADIAL LINE BEARING NORTH
18° 27 11" EAST, HAVING A RADIUS OF 726.00 FEET, A CENTRAL ANGLE OF 00° 39' 16" AND ARC
LENGTH OF 8.29 FEET;
21) NORTH 17° 47' 55" EAST, 52.00 FEET;
22) NORTH 28° 49' 47" WEST, 13.73 FEET;
23) ALONG AN ARC OF A CURVE CONCAVE TO THE WEST FROM A RADIAL UNE BEARING NORTH 75°
27 29" WEST, HAVING A RADIUS OF 246.00 FEET, A CENTRAL ANGLE OF 14° 32' 13" AND AN ARC
LENGTH OF 62.41 FEET;
24) NORTH 00° 00' 18" EAST, 21.15 FEET; AND
25) SOUTH 89° 12' 24 " EAST, 623.56 FEET TO THE EAST LINE OF SAID PARCEL THIRTEEN, ALSO
BEING A POINT ON THE CENTERLINE OF LOWER SACRAMENTO ROAD, ALSO BEING A POINT ON THE
EAST UNE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 15; THENCE ALONG SAID EAST
UNE, NORTH, 218.70 FEET TO THE SOUTHEAST (SE) CORNER OF PARCEL EIGHTEEN AS DESCRIBED IN
THAT CERTAIN QUITCLAIM DEED RECORDED MAY 20, 1996 AS INSTRUMENT NO. 96052704, SAN
JOAQUIN COUNTY RECORDS; THENCE ALONG THE SOUTH UNE OF SAID PARCEL EIGHTEEN, WEST
310.00 FEET TO THE SOUTHWEST (SW) CORNER OF SAID PARCEL EIGHTEEN, THENCE ALONG THE
WEST LINE OF SAID PARCEL EIGHTEEN, PARALLEL WITH THE EAST LINE OF THE NORTHWEST
QUARTER (NW1/4) OF SAID SECTION 15, NORTH, 180.00 FEET TO THE NORTHWEST (NW) CORNER OF
SAID PARCEL EIGHTEEN, THENCE ALONG THE NORTH UNE OF SAID PARCEL EIGHTEEN, PARALLEL
WITH THE SOUTH LINE OF SAID PARCEL EIGHTEEN, EAST, 310.00 FEET TO THE NORTHEAST (NE)
CORNER OF SAID PARCEL EIGHTEEN, ALSO BEING A POINT ON THE CENTERLINE OF LOWER
SACRAMENTO ROAD, ALSO BEING A POINT OF THE EAST LINE OF THE NORTHWEST QUARTER (NW1/4)
OF SAID SECTION 15; THENCE ALONG SAID EAST UNE, NORTH, 357.38 FEET TO THE NORTHEAST
(NE) CORNER OF SAID PARCEL TEN, ALSO BEING A POINT ON THE EAST -WEST QUARTER -QUARTER (E-
W 1/4 1/4) SECTION UNE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 15; THENCE
ALONG SAID EAST -WEST QUARTER -QUARTER (E -W 1/4 1/4) SECTION UNE, NORTH 89° 12' 24" WEST,
1312.58 FEET, MORE OR LESS, TO A POINT, SOUTH 89° 12' 24" EAST, 1330.19 FEET FROM THE
NORTHWEST (NW) CORNER OF SAID PARCEL TEN; THENCE LEAVING SAID UNE, SOUTH 00° 00' ir
WEST, 648.43 FEET TO THE POINT OF BEGINNING, BEING PARCEL 5 OF LOT UNE ADJUSTMENT 09-R-
03, RECORDED JANUARY 11, 2010 AS INSTRUMENT NO. 2010-002139, SAN JOAQUIN COUNTY
RECORDS.
EXCEPTING THEREFROM ALL OIL, GAS OR MINERAL RIGHTS BELOW SIX HUNDRED FEET (600') OF THE
SURFACE OF THE PROPERTY, WITH NO RIGHT OF SURFACE ENTRY, AS RESERVED IN THE DEED
RECORDED JANUARY 11, 2010 AS INSTRUMENT NO. 2010-002141, SAN JOAQUIN COUNTY RECORDS.
Fest kan 171/e
Page 12 of 21
Oder Number: 0112-356321e
Page Number: 13
PARCEL 3:
A PORTION OF THE SOUTHERLY ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 15,
TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 15;
THENCE NORTH, ALONG THE EAST UNE OF SAID NORTHWEST QUARTER, A DISTANCE OF 784 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE NORTH ALONG THE EAST
LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 180 FEET; THENCE DUE WEST A DISTANCE OF
310 FEET; THENCE DUE SOUTH A DISTANCE OF 180 FEET; THENCE EAST, 310 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ALL OIL, GAS OR MINERAL RIGHTS BELOW SIX HUNDRED FEET (600') OF THE
SURFACE OF THE PROPERTY, WITH NO RIGHT OF SURFACE ENTRY, AS RESERVED IN THE DEED
RECORDED JANUARY 11, 2010 AS INSTRUMENT NO. 2010-002141, SAN JOAQUIN COUNTY RECORDS.
APN: 058-030-090-000 (Affects Parcel 1), 058-030-160-000 (Affects Parcel 2) and 058-030-040-000
(Parcel 3)
FOR 1[Y1lCISLIKR 'MAIL
038-03
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Development: Gateway North, Unit No. 1
Developer: FCB Homes
Engineer: MCR Engineering
Date: 9/25/18
BILLING SCHEDULE EXHIBIT B
Gross Acreage:
No of Units:
19 29
98
Construction cost $2,728,100.00
ENGINEERING
Engineering Fee
Inspection Fee
Engineering Fee Paid
Improvement Agreement Fee
ENGINEERING SUBTOTAL
DEVELOPER
COST
CREDITS
(5% of $100,000) ENGFEE $5,000.00
(3.5% of $200,000) ENGFEE 57,000.00
(2.5% of $2,428,100) ENGFEE $60,702.50
(4% of 5250,000) ENGINS $10,000.00
(3.5% of $750,000) ENGINS $26,250.00
(3%of $1,728,100) ENGINS $51,843.00
ENGFEE $ 119,548.00
ENGFEE $2,211.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees
(Charge for 1 year inspection)
Charges for work by City Forces:
Seal Coat
STREET SYSTEM SUBTOTAL
$163,006 50 $ 119,548 00
PW03 1 LS @ $ 2,047.00 $2,047 00
WKOTPW 140,313 SF @ $ 0.08 $11,225 04
$13,272.04
$0.00
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe Installation PW03 3,785 LF @ $ 1.50 $5,677.50
TV Inspection for Project Acceptance PW03 3,785 LF @ $ 1.50 55,677.50
SEWER SYSTEM SUBTOTAL $11,355.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe installation
TV Inspection for Project Acceptance
STORM DRAIN SYSTEM SUBTOTAL
(1701.6525) 2,490 LF @ $
(1701.6525) 2,490 LF @ $
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
150 $3,735.00
150 $3,735.00
57,470 00 $0.00
TOTAL AMOUNT OF BILLING SCHEDULE $195,103.54 $119,548.00
Reimbursement Agreement 2007-52
058-030-16 (old APN 058-030-03) 18 15 Acres @ $5,735 99/Acre $104,108.22
058-030-16 (old APN 058-030-05) 3 90 Acres @ $4,832.08/Acre $18,845.11
058-030-04 $14,684.54
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $213,193.41
Pending Reimbursement RA 1801 Foo 10-t o d'^leHnid. Paymer+t-diae-at-Fiaei-Map-Appsevel
in accordance with LMC Section 17.62.060 $818,067.45
Total Fee $1,031,260.86
City of Lodi
Publics Works Department
COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Development Gateway North, Unit No 1
Developer. FCB Homes
Engineer: MCR Engineering
TOTAL COST OF PROJECT IMPROVEMENTS
A. DEVELOPER COST
Item ,095.000011 . Unit Price otal ❑uenmv Total
4
Sae Prvparatian G 0r8di19
Site Preparation, Clearing and Grubbing 19 AC 01,381 00 $26,239.00 19 526,239,00
Earthwork 6,000 CY 03 00 018.000,00 6,000 $18,000,00
Lot Grading 98 EA 52,071.00 $202,958 00 98 0202,958,00
Basin Excavation 1 LS 0150.000,00 5150,000.00 1 $150,000.00
Strsbl ImBtovem88ll
1 Aggregate Base 4" Class II 140,313 SF $0.80 $112.250.40 140,313 $112,250.40
2 Asphalt Concrete 2.5" 140,313 SF 02.00 0280,626.00 140,313 9280,626 00
3 Survey Monuments 17 EA 0628,00 $14,076 00 17 014,076.00
4 Vertical Curb, Gutter, & Sidewalk 785 LF $35.00 $27,475.00 785 $27,475 00
5 Roll Type Curb. Gutter, & Sidewalk 8,524 LF $30.00 6195,720,00 6,524 $195,720.00
8 Sidewalk 37,821 SF $8.00 5302,568.00 37,821 $302,568,00
7 Curb Return Incl Ramp 14 EA $3,451.00 048,314,00 14 048,314.00
8 Curb Return w/o Ramp 3 EA $1,500 00 $4,500.00 3 $4,500.00
9 In -Line Ramp 6 EA $2,761 00 $16,566,00 8 $18,568.00
10 Concrete Driveway Apron 3 EA $2,071.00 86,213,00 3 $6,213.00
11 Street Lights 39 EA $4,142.00 5161,538,00 39 $161,538.00
12 8' Masonry Wall & Pilaster 1,260 LF $173,00 $217,980,00 1,280 $217,980.00
13 Signage & Striping 1 LS $15,000 00 015,000.00 1 $15,000.00
14 Erosion & Sediment Control 98 EA $200 00 919,600.00 98 819,800 00
Subtotal $1,819,623.40 Subtotal 01,819,623 40
Slerm Drain 8
12" Storm Drain Pipe 519 LF $48.00 $24,912 00 519 524,912,00
2 15" Storm Drain Pipe 1,002 LF 082.00 962,124.00 1,002 562,124,00
3 18" Storm Drain Pipe 133 LF 878,00 510,108.00 133 510,108.00
4 24" Storm Drain Pipe 725 LF $90.00 $65,250.00 725 865,250,00
5 30" Slonn Drain Pipe 111 LF $97.00 010,707.00 111 510,767.00
6 Side Inlet Catch Basin 14 EA $2,761.00 $38,654.00 14 $38,654,00
7 48" Storni Drain Manhole 9 EA $4,142.00 $37,278.00 9 $37,278.00
Connect to Existing Storm Drain 2 EA $6,903 00 $13,806,00 2 $13,806,00
Stub & Plug 1 EA $1,000 00 $1,000.00 1 $1,000,00
Subtotal $283,899.00 I Subtotal $283,899.00
2
4
BRn11ery Spr1,1/ 8011em
8" Sanitary Sewer Plpe
8" Sanitary Sewer Pipe
Sanitary Sewer Manhole (48")
Sanitary Service with Cleanout
Connect to Existing Sanitary Sewer
Stub & Plug
1,624 LF $17,00 $27,608.00 1,624 027.608 00
2,161 LF 530.00 564,830.00 2,181 564,830.00
12 EA $3,451,00 541,412.00 12 $41.41200
98 EA $621-00 $80,858.00 98 060,85800
2 EA $6,903.00 $13,806.00 2 013,806.00
1 EA $1,000.00 01,000,00 1 $1,000 00
Subtotal $209,514.00 But/g0/8) $209,514 00
W9191 598lorll
1 6" Water Pipe 210 LF $41 00 $8,610,00 210 $8,810.00
2 8" Water Pipe 3,995 LF 055.00 $219,725,00 3,995 $219,725 00
3 8" Gale Valve 20 EA 01,657.00 533,140.00 20 $33,140 00
4 Fire Hydrant Assembly 8 EA $4,142.00 $33,136.00 8 033,138 00
5 1" Water Service w/Meter Box 98 EA $828.00 $81,144.00 98 $61,144 00
9 Blowoff (Temporary) 1 EA $552,00 $552,00 1 8552.00
7 Blowoff (Permanent) 1 EA $1,657.00 $1,857.00 1 $1,657.00
S Connect to Existing 4 EA $6,90300 $27,612,00 4 $27,612.00
Subtotal $405,576 00 Subtoa9l $405,576.00
Total 52,698,612.40 Total $2,698,612,40
Total Construction Cost Subject l0 Engineering Fee Calculation (A. Developer Cost)
Construction Engineering & Staking @ 1% ±
As -buil) Plans & Certifications
TOTAL COST FOR ENGINEERING FEE CALCULATION
Faithful Performance: 100% of A
Labor & Materials. 100% of A
$2,728,100.00
52,726,100 00
$2,698,612,40
$26,986.12
52,500.00
A. Total $2,728,100.00
Acres: 19.29
Dale: 9/8/18
Lots: 98
B COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER
uanlit Ta al
Subtotal Street System - On -Site
10% Engineering & Administration
Total Street System
Subtotal Storm Drain System
10% Engineering & Administration
Total Storm Drain System
Subtotal Sanitary Sewer System
10% Engineering & Administration
Total Sanitary Sewer System
$0 00
$0 00
$0.00
00 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
50.00
$0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
$0.00
0.00
50,00
$0.00
$0 00
50 00
0.00
0 00
0 00
00 00
0.00
$0.00
$0.00
50.00
$0.00
$0,00
$0.00
00.00
0.00
$0,00
Subtotal Water System $0.00
10% Engineering & Administration 0.00 _
Total Water System 90.00
B. Total 80.00
EXHIBIT C
NOM: rn fry 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 providerfs) to submit the required insurance documentation electronically
Insurance Reguiremen41 for Public Improvement Agreements
Developer shall not commence work under this Agreement until Developer shall have obtained all insurance required under this
exhibit, nor shall Developer allow any contractor of subcontractor to commence work on Developer's contact 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 polices or as endorsement and shall specifically bind the insurance carrier,
Developer shall procure and maintain during the life of this Agreement such insurance as shall insure City, it's elected and appointed
boards, commissions, officer, agents, employees and volunteers, 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 Developers' or any
contractors' or subcontractors' operations hereunder, whether such operations be by Developer or any contractor of subcontractor or
by anyone directly or indirectly employed by either Developer or any contractor of subcontractor, and the amount of such insurance
shall be as follows:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$6,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Developer has no owned autos, then hired, and non -
owned autos with limit no less than $5,000,000 per accident for bodily injury and properly damage.
3. Workers' Compensation: as required by the State of Califomia, with Statutory Limits, and Employer's Liability Insurance with limit of
no less than $1,000,000 per accident for bodily injury or disease
4. Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability
insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a
period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual
liability.
Other Insurance Provisions:
(a) Additional Named Insured Statues
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees. and volunteers are to be covered as
additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or an behalf
of the Developer including materials, parts, or equipment fumished in connection with such work or operations, General liability
coverage can be provided in the form of an endorsement to the Developer's insurance (at least as broad as ISO Form CG 20 10
11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38;ngndd CG 20 37 if a later edition
Is used
(b) Primary and Nan-Contributerv_lnsurarlce Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any
claims related to this contract, the Developer's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04
13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity,
its officers, officials, employees, or volunteers shall be excess of the Developer's insurance and shall not contribute with it,
(c) Waiver of Suhra etion Developer hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Developer may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Developer agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodl has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it
is insuring.
(d)
wRIFFIgrg
Risk: rev. 9/202018
The term "insured" is used severally and not collectively, but the inclusion herein of more than one Insured shall not operate to
increase the limit of the company's liability under the Developers commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Ctloge in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) 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. 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 Govemment Code Section 810 et seq.).
(g) Failure to Comolv
If Developer falls or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Developer shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Developer of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Developer shall pay such reimbursement and
interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if
Developer fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of Insurance, the
City may terminate this Agreement upon such breach. Upon such termination, Developer shall immediately cease use of the Site or
facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Covera e
Developer shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory
endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and
endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Developer's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any
time Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date.
Self psured Retentions
Self -Insured retentions must be declared to and approved by the City. The City may require the Developer to provide proof of ability to
pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Developer and Developer's officers, employees, agents,
representatives, contractors or subcontractor. Developer's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement In
the Agreement for Developer to procure and maintain a policy of insurance.
(k) Subcontractor
Developer shall require and verify that all contractor and subcontractor maintain insurance meeting all the requirements stated
herein, and Developer shall ensure that City is an additional insured on insurance required from contractors and subcontractors.
(I) Qualified Insurerts)
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.
(m)
CQmpleted ❑oefations Endorsement
For three years after completion of the project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07
04, will be provided to the City of Lodi.
Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability
insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a
period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to Include contractual
liability.
Page 2 I of 2 pages
Risk: rev. 9/202018
RESOLUTION NO. 2019-
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AN IMPROVEMENT
AGREEMENT FOR GATEWAY NORTH SUBDIVISION,
UNIT NO. 1, TRACT NO. 3940
WHEREAS, Gateway North Subdivision, Unit No. 1, is located west of
Lower Sacramento Road and south of Lodi Shopping Center; and
WHEREAS, Unit No. 1 consists of 98 single-family residential lots; and
WHEREAS, the developer, Blossom Land Company (Developer), will present the final
map for approval at a later date; and
WHEREAS, the project includes the installation of all interior subdivision public
improvements and street improvements on Lower Sacramento Road from the southerly
Lodi Shopping Center Driveway to its southerly boundary of the single-family home
development (270 linear feet); and
WHEREAS, Developer has furnished the City with improvement plans, necessary
agreements, guarantees, insurance certificates, and the required fees for the proposed
subdivision; 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 Section 15.64.040.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute aathe Improvement Agreement for the Public
Improvements of Gateway North -Subdivider, Unit No. 1, Tract No. 3940, attached hereto as
Exhibit A, and made a part hereof.
Dated: February 6, 2019
I hereby certify that Resolution No. 2019- was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 6, 2019, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN. COUNCIL MEMBERS —
JENNIFER M. FERRAIOLO
City Clerk
2019-