HomeMy WebLinkAboutAgenda Report - December 18, 2019 C-11AGENDA ITEM c-ll
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AGENDA TITLE:
MEETING DATE: December 18,2019
PREPARED BY: Public Works Director
Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
lmprove¡nent Agreement and Related Agreements for Gateway No(h Subdivision,
Unit No. 2,Tracf No. 3976
RECOMMENDED ACTION Adopt resolution approving final map and authorizing City Manager
to execute lmprovement Agreement and related agreements for
Gateway North Subdivision, Unit No. 2,Tract No. 3976.
BACKGROUND INFORMATION: Gateway North Subdivision, Unit No. 2, is the second phase of the
multi-phase residential development located west of Westgate Drive
and south of Kettleman Lane, as shown on Exhibit A. Unit No. 2
consists of 107 single-family, residential lots.
The project includes the installation of all interior subdivision public improvements, street improvements
on Lower Sacramento Road, and underground water pipe relocation and street improvements on
Kettleman Lane, also shown on Exhibit A.
ïhe Developer, Blossom Land Company (Developer) has furnished the City with improvement plans,
necessary agreements, guarantees, insurance certificates, and the required fees for the proposed
subdivision. Development lmpact 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 515.64.040 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. lt is Developer's responsibility to request reimbursement and
submit the appropriate information per Lodi Municipal Code Chapter S17.62.
The installation of sidewalk and underground improvements along Kettleman Lane requires a Caltrans
encroachment permit and maintenance agreement. Caltrans will not issue encroachment permits or
enter into agreements with private parties for this type of work. For the Developer to obtain the
encroachment permit, the City must execute the "lmprovements Maintenance Agreement Within State
Highway Right of Way on Route 12 Within the City of Lodi." A separate maintenance agreement
between the City and the Developer will transfer all Caltrans maintenance requirements from the City to
the Developer.
APPROVED
Stephen S ity Manager
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Adopt Resolution Approving Final Map and Authoriz¡ng City Manager to Execute lmprovement Agreement and Related Agreements foÍ Gateway North Subdivision,
Unit No. 2, Tract No. 3976
December 18,2019
Page2
Staff recommends the following actions by resolution
1. Approve Final Map and authorize the City Manager to execute the lmprovement Agreement for
Gateway North Subdivision, Unit No. 2,Tract No. 3976;
2. Authorize thç City Manager to execute the "lmprovements Maintenance¡Agreement Within State
Highway Right of Way on Route 12 Within the City of Lodi" with Caltrans; and a Maintenance
Agreement þetween the City and the Developer transferring those responsibilities for
improvements in the Kettleman Lane (State Route 12) right-of-way to the Developer;
3. Restrict final inspections on all lots within Gateway North, Unit No. 2, until allwork identified in the
lmprovement Agreement (including the improvements within the CalTrans right-of-way) are
completed and accepted by City Council.
FISCAL IMPAGT:There will be an increase in long{erm maintenance costs for public
infrastructure and City services such as police, fire, and parks, and open
space maintenance. This cost will be partially offset by proceeds from the
CFD.
FUNDING AVAILABLE: Not applicable
Charles E. Swimley, Jr
Public Works Director
Prepared by Karissa Kiriu, Assistant Engineer
cEs/KTVKtdb
Attachments
cc: City Attorney Magdich
City Engineer / Deputy Public Works Director Chang
Assistant Civil Engineer Kiriu
Senior Engineering Technician Wiman
Blossom Land Company
MCR Engineering
Browman Development Company
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Westgate Dr.Gateway NorthUnit 2
Kettleman Ln.Lower Sacramento Rd.Exhibit AGateway North, Unit 2Vicinity Map
0 350 700175
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Legend
Lower Sacramento R oad Im provem ents
Ke ttleman Lan e Im provem ents
Pa rce l 1 Boundary
GIWHEN 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. 2
TRACï No. 3976
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", an$Blossom Land Company, a California
corporation, hereinafter referred to as "Developer,".- and DSS COMPANY, a C
corporation. dba KNIFE RIVER CONSTRUCTION. hereinafter referred to as "Develope/s
Contractor."
RECITALS
Developer is the developer of that certain real property situated in the City of Lodi, Gounty of San
Joaquin, commonly known as Parcel 1 (A.P.N.: 058-03-009) and more particularly described in
Exhibit A and depicted in Exhibit B. Developer has presented to City for approval the final
subdivision map, hereinafter called "Map", entitled "GATEWAY NORTH, UNIT NO. 2". The Map
was filed with the Public Works Director for presentation to the City Council for approval, and is
hereby referred to and incorporated herein;
Developer has requested approval of the Map prior to the construction and completion of public
improvements, including all streets, highways or public ways, and public utilities and facilities
which are a part of, or appurtenant to, the Gateway North, Unit 2 Subdivision, hereinafter called
"Project", all in accordance with, and as required by, the plans and specifications for all or any of
said improvements in, appurtenant to, or outside the limits of Project, which plans and
specifications are now on file in the office of and endorsed with the approval of the Public Works
Director or his designee.
City Council will adopt a resolution to approve the Map and accept the dedications therein offered
on the condition that Developer will first enter into and execute this Agreement with City and meet
the requirements of said resolution; and
Developer's Contractor is made a partv to this Agreement solely to secure the lnsurance referred
to in paraqraph 15 below. Developer's Contractor has no other obliqations undfthis ,Agree¡nent.
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:
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
D187 (Gateway North, Unit 2), 018D012 (Lower Sacramento Road lmprovements), and
019D016 (Kettleman Lane lmprovements), which are on file in the Public Works
Department.
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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. Naturalgas line installation;
C. Telephone line installation;
D, Electrical system; and
E. Cable television system.
2. DevelopmentCharlges
Developer shall also perform all work and furnish all materials necessary to comply with
any changes required by the Public WÖrks Director, which, in his opinion, are necessary
or required to complete the work in conformance with City Standards or are the result of
changed conditions.
3. Performance of Work by City
Prior to the approval of the final map by the City, it is agreed that the Developer shall
deposit with the City the amount of money shown as the "Developer Cost" on the Billing
Schedule, attached hereto as Exhibit C, and by this reference made a part hereof as
though fully set forth.
From payments made under the Billing Schedule, Developer elects to have the City
perform or install or cause the installation of the following items:
A. Street seal coat;
B. Televideo inspection of the public sewer and storm drain lines. The fee shown on
the Billing Schedule is based on the linear footage of sewer and storm drain pipe,
including laterals, shown on the improvement plans. The fee will be adjusted, if
necessary, when the televideo inspection is complete. Any additionalfee must be
paid prior to Project acceptance;
C. Storm Water Permit Compliance lnspections. 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;
D. Water meter installation for drinking fountain and irrigation services;
E. Abandonment of existing S" water service, developer's contractor is responsible
for trenching and backfill; and
F. 8" x 10" water service hot tap, developer's contractor is responsible for trenching
and backfill.
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 lmpact Mitigation Fees
Development lmpact Mitigation Fees for water, wastewater, street improvements, storm
drain, police, fire, parks and recreation, general City facilities, art in public places are
required for this Project. Payment of the Development lmpact Mitigation Fees shall be
collected prior to issuance of Certificate of Occupancy for each dwelling. ln conformance
with LMC Section 15.64.050, the fees are automatically adjusted on January 1'' 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 etfect 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. lt 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 required inspection services.
7. Time Extension
Time is of the essence of this Agreement. City may extend the time for completion of the
improvements hereunder, Lrnder the terms of an addendum to this Agreement, which
shall be approved and executed by the City Manager. Any such extension may be
granted without notice to Developer's surety, and extensions so granted, shall not relieve
the surety's liability on the bond to secure the faithful performance of Developer under this
Agreement. The City Manager shall be the sole and finaljudge as to whether or not good
cause has been shown to entitle Developer to an extension.
8. Record Drawings and Certifications
Prior to acceptance of the Project improvements, Developer shall have installed and put
in place, all survey monuments as shown on the Maps and provide record drawings and
certifications as described in the City of Lodi Public lmprovement Design Standards.
9. Permits: Compliance with Law
Ðeveloper 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 allfees and taxes required by law.
10. Superintendence by Developer
Developer shall give personal superintendence to the work of said improvements, or have
a competent agent, foreman or superintendent, satisfactory to the Public Works Director,
on the work site at all times during construction, with authority to act for Developer.
11. lnspection 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. lnspections will be provided during normal
working hours of City statf. 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 lmprovement
Security of at least 100 percent of the estimated cost of the public improvements required
to be constructed, plus 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 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:
FaithfulPerformance: $5,733,000.00
Labor and Materials: $ 5,733,000.00
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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 l7 of this Agreement. The warranty period shall be two years following the
date of acceptance of the improvements by City. lf 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. Hold-Harmless Aqreement
Developer hereby agrees to, and shall, hold City, its elected and appointed boards,
commissions, officers, agents, and employees, harmless from any liability for damage or
claims for damage from personal injury, including death, as well as from claims for
property damage which may arise from Developer's or Developer's contractors',
subcontractors', agents' or employees' operations under this Agreement, whether such
operations be by Developer or by any of Developer's contractors, subcontractors, or by
any one or more persons directly or indirectly employed by, or acting as agent for,
Developer or any of Developer's contractors or subcontractors. Developer agrees to, and
shall, defend City and its elected and appointed boards, commissions, officers, agents,
and employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the aforesaid operations; provided as
follows:
A. That City does not, and shall not, waive any rights against Developer which it may
have by reason of the aforesaid hold-harmless agreement, because of the
acceptance by City, or the deposit with City by Developer, of any of the insurance
policies described in Paragraph 15 of this Agreement.
B. That the aforesaid hold-harmless agreement by Developer shall apply to all
damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or approved
of, plans and/or specifications for the Project, or regardless of whether or not
such insurance policies shall have been determined to be applicable to any of
such damages or claims for damages.
15. Developer's lnsurance
Developerþ Contractor shall not commence work under this Agreement until Developeþ
Contractor--shall have obtained all insurance required under this paragraph, nor shall
Developerþ--1QsnlGctgl allow any contractor or subcontractor to commence work on
Developer's contract or subcontract until all similar insurance required of the contractor or
subcontractor shall have been so obtained. All requirements herein provided shall appear
either in the body of the insurance policies or as endorsements and shall specifically bind
the insurance carrier.
A. Worker's Compensation lnsurance
Developerþ__.lQsnrlgclel shall maintain, during the life of this Agreement, Worker's
Compensation lnsurance for all Developer's_.1þq[¡gclq¡þ employees employed at the
site of improvement, and in case any work is sublet, Developerþ_lÇsntpctgl shall
require any contractor or subcontractor similarly to provide Worker's Compensation
lnsurance for all contractors' or subcontractors' employees, unless such employees
are covered by the protection atforded by Developeis-.1QgntpçþI. ln case any class
of employees engaged in hazardous work under this Agreement at the site of the
Project is not protected under the Worker's Compensation Statute, the Contractor
shall provide and shall cause each subcontractor to provide insurance for the
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protection of said employees. A waiver of subrogation is required for workers
compensation insurance. This policy may not be canceled nor the coverage
reduced without 30 days prior written notice of such cancellation or reduction in
coverage to the Risk Manager, City of Lodi,221 West Pine Street, Lodi, CA, 95240.
Developedg_..1fu¡!¡ac!9¡ hereby indemnifies City for any damage resulting to it from
failure of either Developer or any contractor or subcontractor to take out or maintain
such Worker's Compensation insurance.
B. Comprehensive General and Automobile lnsurance
Developerþ-.lQsn'Uac'lel shall take out and maintain during the life of this Agreement
such insurance as shall insure City, its elected and appointed boards, commissions,
officers, agents, and employees, Develope{g__ÇgnÍAgtgl and any contractor or
subcontractor performing work covered by this Agreement from claims for damages
for personal injury, including death, as well as from claims for property damage which
may arise from the Project or the Project property, including any public streets or
easements, from Developer's or any contractors' or subcontractors' operations
hereunder, whether such operations be by Developer or any contractor or
subcontractor or by anyone directly or indirectly employed by either Developer or any
contractor or subcontractor, and the amount of such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$5,000,000 Each Occurrence
$1 0,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$5,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned,
hired and non-hired vehicles) operated in performing any and all services
pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12
90, or a later version, that provides liability coverage at least as broad as this
form.
DeveloperS_-.l9sql¡qctg¡ must have comprehensive automobile liability only if
Developer's Contractor's vehicles are used for the Project or on the Project property.
NOTE: The City of Lodi is now uslng 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).
NOTE: Developerþ_.lQsn'[AElqI agrees and stipulates that any insurance coverage
provided to the City of Lodi shall provide for a claims period following termination of
coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Government Code Section 810 et
seq.). "Claims made" coverage requiring the insureds to give notice of any potential
liability during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
All limits are to be designated strictly for the City of Lodi, its elected and appointed
boards, commissions, officers, agents, employees, and volunteers. Alldeductibles or
self-insured retentions (SlR) must be disclosed to City's Risk Manager for approval
and shall not reduce the limits of liability set forth herelnabove. lnsurance policies
containing any deductible or SIR provision shall provide, or be endorsed to provide,
that the deductible or SIR may be satisfied by either the Named lnsured(s) or the City
of Lodi.
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It is required that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits set forth above,
shall be available to City as an additional insured. Furthermore, the requirements for
coverage and limits shall be (i) the minimum coverage and limits specified in these
insurance requirements; or (ii) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the Developerþ_*lQsn'[aglel;
whichever is greater.
A copy of the certificate of insurance with the following endorsements shall be furnished
to the City:
A. Additional Named lnsured Endorsement
Pursuant to a separate endorsement (lSO form CG 2010 (11/85) or a later
version, that provides liability coverage at least as broad as this form) Such
insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed boards, commissions, officers, agents and employees as
additional named insured insofar as work performed by the insured under written
contract with the City of Lodi. This endorsement shall be on the form furnished by
City and shall be included with Developer's policies, An additional named insured
endorsement is also required for Auto Liability.
B. Primary and Non-Contributorv lnsurance Endorsement
Additional insurance coverage under the Developer's Contractor's policy shall be
"primary and non-contributory" and will not seek contribution from City's insurance
or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13.
C. Severability of lnterest Clause
The term "insured" is used severally and not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limit of the Developer's
liability.
D. Waiver of Subrogation
lnclude a waiver of subrogation against the City of Lodi, its elected and appointed
boards, commissions, officers, agents, employees, and volunteers. A waiver is
required for General Liability and Auto Liability.
E. Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance of
Developerþ_lQsn'[AElgl shall contain, or be endorsed to contain, a provision that
such coverage shall also apply on a primary and non-contributory basis for the
benefit of the City before the City's own insurance or self-insurance shall be
called upon to protect the City as a named insured.
F. CompletedOperationsEndorsement
For three years after completion of Project, a certificate of insurance with a
Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City
of Lodi.
G. Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this
Agreement. At least thirty (30) days prior to the expiration of each insurance
policy, Develope/g_.1fu¡!¡gglqI shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of
this Agreement. DeveloperþlQsn:lgclel shall provide proof of continuing
insurance on at least an annual basis during the Term. lf Developer's
Contractor's insurance lapses or is discontinued for any reason, Developerþ
Contractor shall immediately notify the City and immediately obtain replacement
insurance.
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H. Failure to Comply
lf Developer!_Co¡lrcCþr fails or refuses to obtain and maintain the required
insurance, or fails to provide proof of coverage, the City may obtain the
insurance. Develope/5¡Qs1[AEþl 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 notifi7 Developerg_..lQsnUAE¡gI 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. Develope/5_1Qsn'l6gtg shall
pay such reimbursement and interest on the first (1") day of the month following
the City's notice. Notwithstanding any other provision of this Agreement, if
Developed5--.1OcntIaglef 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, Develope/g
Contractor 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.
l. Qualifiedlnsurer(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-, Vl' 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.
16. Title to lmorovements
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
lf, 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 othenruise 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 1S-percent for
administration and overhead costs.
18. Landscape Maintenance
Developer shall execute a separate landscape maintenance agreement at time of Project
acceptance to cover the maintenance of the constructed the park system. Developer
shall agree to provide maintenance and upkeep of the landscape and hardscape
elements, including plants, irrigation system, and weekly trash removal from the trash
cans in the park, installed with the Project for a period of two (2) years following the date
of final acceptance of the improvements by the City or until the building permit for the
100"'home is finaled, whichever term is longer. Developer shall furnish a Maintenance
Security of at least 10o/o of the total cost of the public improvements inside the park as
security for the maintenance cost. 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
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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. Median, Sidewalk, and Landscape Maintenance
ln connection with the construction of the Kettleman Lane lmprovements, Developer is
constructing a median, sidewalk, landscaping and irrigation along and within the California
Department of Transportation ("Caltrans") right of way (collectively "Caltrans
Landscaping"). City will be required to enter into an agreement with Caltrans following
execution of this Agreement ("Caltrans Maintenance Agreement"), pursuant to which City
will agree to maintain the Caltrans Landscaping. Owners hereby assume such
maintenance obligations of City pursuant to the Caltrans Maintenance Agreement, and
agree to maintain the Caltrans Landscaping from and after the construction of such
landscape improvements pursuant to this Agreement and further agree to execute an
Agreement for Maintenance of Private lmprovements. Parties acknowledgement that the
Agreement for Maintenance of Private lmprovements will be revised to include the
applicable Assessor's Parcel Numbers to be assigned following recordation of the final
map.
20. Repair or Reolacement of City-Owned Bypass Meter Assemblies
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. City will supply these assemblies upon
receipt of a deposit in the amount of $5,000 for each assembly required. The purpose of
the deposit is to guarantee the return of the assembly in good condition and fulfillment of
the other obligations shown in the City's Policies and Procedures entitled "Metering Water
Usage of New Water Mains Requiring Temporary Bypasses."
21. Mud, Debris, Dustand 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.
lf a dust or erosion problem arises during development or within a period of two (2) years
from the date of final acceptance by City of the work performed under this Agreement,
including but not limited to installation of telephone, electrical, cable television, and/or gas
facilities, and has not, after notice, been abated by Developer within a specified period of
time, City shall cause the same to be controlled, and Developer shall be charged with the
cost of dàid control.
22. Fire Protection Durinq Construction
Fire protection facilities approved by City's Fire Chief, including all-weather access road
and an approved water supply capable of supplying the required fire flow, shall be
installed and made serviceable in accordance with the City Fire Code (as set forth in the
Lodi Municipal Code) prior to and during the time of building construction. The above
may be modified when alternate methods of protection approved by the Fire Chief are
provided.
IuNlW 12t18t19
23. Protection of Existinq lmprovements
Damage to any existing improvements, private or public utility lines installed or
undergoing installation in which damage occurs during the onsite and otfsite construction
required of Developer under this Agreement, shall be the absolute responsibility and
liability of Developer. ln 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.
24. Dwellinq Occupancy
City will not allow occupancy of any building or structure within the Project until all
deferred fees have been paid, public improvements have been approved and accepted by
the Public Works Department per established City policy (including the CalTrans
Landscaping), and other requirements of City codes have been met. lf building is started
prior to acceptance of the improvements, it is Developer's responsibility to inform all
prospective purchasers that occupancy will not be permitted until said deferred fees are
paid and public improvements are so accepted by City.
25. Developer Not Agent of City
Neither Developer nor any of Developer's agents, contractors, or subcontractors are or
shall be considered to be agents of City in connection with the performance of
Developer's obligations under this Agreement.
26. Notice of Breach and Default
lf 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.
27. Breach of Aqreement, Performance by Surety or Citv
ln the event of any such notice, Developer's surety shall have the duty to take over and
complete the work and the improvements herein specified; provided however, that if the
surety, within five (5) days after the serving upon it of such notice of breach, does not give
City written notice of its intention to take over the performance of this Agreement, and
does not commence performance thereof within five (5) days after notice to City of such
election, City may take over the work and prosecute the same to completion, by contract
or by any other method City may deem advisable, for the account and at the expense of
Developer, and Developer's surety shall be liable to City for any excess cost or damage
occasioned City thereby; and, in such event, City, without liability for so doing, may take
possession of, and utilize in completing the work, such materials, appliances, plant and
other property belonging to Developer as may be on the site of the work and neÒessary
therefor.
28. This Agreement shall run with the land and be binding on the Owner, its heirs, successors
and assigns.
29. 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
K:\WP\DEV_SER\ Developments\Lod¡ Southwest Gatewav\Gateway North\lmprovement Agreement UNIT
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the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the
respective parties.
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Notices required to be given to City shall be addressed as follows:
Charles E. Swimley, Jr
Public Works Director
City of Lodi
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
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.
30. Authority
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
[The balance of this page is intentionally left blank.]
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31. Execution
ln Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto atfixed.
BLOSSOM LAND COMPANY,
a California corporation
Dated
By:
GEORGE K. GIBSON
Secretary
(coRPoRATE SEAL)
DSS COMPANY,
a California corooration
dba KNIFF R CONSTRUCTION
Name:
Title '
tco SEALI
CITY OF LODI,
a California municipal corporation
Dated
By:
STEPHEN SCHWABAUER
City Manager
AÏTEST:
JENNIFER M. FERRAIOLO
City Clerk
(coRPoRATE SEAL)
APPROVED AS TO FORM
JANICE D. MAGDICH
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City Attorney
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@ 14 nnsns
2018-126437 Page 3 of7
1111612O1e 10:54:04 AM
File Number: 0131-623083a1a
Exhibit "4"
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 SECnON 15, TOWNSHTP 3 NORTH, RANGE 6
EAST, MOUNT DIABLO BASE AND MERIDLAN,
EXCEPT THEREFROM:
(1) THAT PORTON DESCRTBED rN THE DEED TO THE SrATE OF CALIFORNTA RECORDED FEBRUARY
t6, t972 IN BOOK 3620 OF OFFICIAL RECORDS, PAGE 118, SAN JOAQUIN COUNTY RECORDS.
(2) A PORTTON OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECflON 15, TOWNSHTP 3
NORTH, RANGE 6 EAST, MOUNT DIABLO BASEAND MERIDIAN, MORE PARTCUIARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECNON 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; THENCE NORTHERLY, PARALLEL TO THE EAST LINE OF SAID
NORTHWEST QUARTER, LZTI FEîT, MORE OR LESS, TO THE SOUTH UNE OF HIGHWAY 12, AS
DESCRIBED IN DEED RECORDED FEBRUARY L6, t972 rN BOOK 3620 OF OFFTCTAL RECORDS, PAGE 118,
SAN JOAQUIN COUNTY RECORDS; THENCE EASTERLY ALONG THE SOUTH UNE OF SATD HIGHWAY 12,
735.50 FEET TO THE WEST IINE OF LOWER SACRAMENTO ROAD; THENCE SOUTHERLY ALONG SAID
wEsT uNE, t27t FEîT, MORE OR LESS, TO THE POINT OF BEGINNING.
(3) A PORTON OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3
NORTH, RANGE 6 EASr, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTCU|-ARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH UNE OF THE NORTH HALF OF SAID NORTHWEST
QUARTER AND THE WEST UNE OF LOWER SACRAMENTO ROAD (80 FEET WIDE); THENCE WESTERLY
ALONG SAID SOUTH LINE, 735.50 FEETTO THE TRUE POINT OF BEGINNING; THENCE NORTH 00o 03'
EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER SECTION. L246.35 FEET TO
THE SOUTH UNE OF KETTLEMAN LANE (100 FEETWIDE); THENCE ALONG SAID SOUTH LINE, NORTH
89" 09' 30" WEST, 546.33 FEETTO THE SOUTHERLY PROJECnON OF THE WEST LINE OF LOT 10 OF
THE TAYLOR TRACT AS FILED IN VOL, 3 OF MAPS AND PI.ATS, PAGE 47, SAN JOAQUIN COUNTY
RECORDS; THENCE RUNNING PARALLEL WTTH SAID EAST LINE OF THE NORTHWEST QUARTER
SECTION, SOUTH 0o 03' WEST, r246,3t FEET TO SAID SOUTH LINE OF THE NORTH HALF OF THE
NORTH HALF OF SECTION 15; THENCE ALONG SAID SOUTH UNE, SOUTH 89o 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.
Non-Order Search
Doc: CASANJ:2018 00126437
Page 3 of 7 Requested By: jrballesteros, Printed: L0l2Ll20I9 8:17 AM
Exhib¡t BGateway North, Unit 2Vicinity MapN0 175 350 700rFeetESKettleman LnîtÉogoF(úL(tauano'=oJÈôoGIDoo=LegendffiffiLower Sacramento Road lmprovementsKettleman Lane lm provementsParcel 1 BoundaryGateway NorthUnit 2lIK:\i\¡P\DEV_SERV\Deve iopmen¡s\Lodi Soulhwesi Gaiew¿-v\GatÊ\'vay l\lcrth\lmprovement Agieemeni UNIî 2\lnfo cr Vo¡d\S)A*Exh¡biiB.mxC
BILLING SCHEDULE
Gateway North, Unit No. 2 (ln-Tract lmprovements, Lower Sacramento Road, and Kettleman Lane)
Blossom Land Company
MCR Engineering Gross Acreage:1214119 No. of Units:
Construction cost (including all Kettleman Lane lmprovements)
Construction cost (excluding Kettleman Lane Street lmprovements Only)
Construction cost (exclud¡ng all Kettleman Lane lmprovements)
EXHIBIT C
Development:
Developer:
Engineer:
Date:
33.21
't07
$6,737,900,00
$5,965,566.00
$5,733,000.00
DEVELOPER
COST CREDITS
ENGINEERING
Plan Check Fee
lnspection Fee
Plan Check Fee Paid
lmprovement Agreement
ENGINEERING SUBTOTAL
(5.0olo of
(3.5% of
(2.5o/o of
(4.0% of
(3.5% of
(3.0olo of
$1oo,oo0)
$200,000)
$6,437,900)
$250,000)
$750,000)
$4,e65,566)
ENGFEE
ËNGFEE
ENGFEE
ENGINS
ENGINS
ENGINS
ENGFEE
ENGFEE
$ 5,000.00
7,000.00
160,947.50
10,000.00
26,250.00
148,966.98
$
$2,265.00
$ 360,429.48 $
0.00
0.00
STREET SYSTEM
Fees:
Storm Water lnspectlon Fees
(Charge for 1 year inspection)
Charges for work by City Forces
Seal Coat
STREET SYSTEM SUBTOTAL
PWO3 1 LS @ $ 2,096.00 $2,0e6.00
NC07 221,405 SF @ S 0.08 $',t7,712.40
$19,808.40 $0.00
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
TV lnspection for Pipe lnstallation
TV lnspection for Project Acceptance
SEWER SYSTEM SUBTOTAL
5,404
5,404
1.50
1.50
PWO3
PWO3
LF@$
LF@S
B,106.00
8,106.00
$'t6,212.00 $0.00
WATER SYSTEM
Fees:
Charges for work by City Forces: PW02
8" x 10" Hot Tap
Abandonment of Existing 8" Water Service
3/4" Meter for Drinking Fountain
1" Meter for lrrigation System (Lower Sacramento lmprovements)
1-1l2" Meter for lrrigation System
2" Meter for lrrigation System
WATER SYSTEM SUBTOTAL
7,440.59
3,593.36
300.00
350.00
780.00
970.00
EA@ s
EA@g
EA@$
EA@E
EA@$
EA@E
7,440.59
3,593.36
300.00
350.00
780.00
970.00
$13,433.95 $0.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV lnspection for Pipe lnstallation
TV lnspection for Project Acceptance
PWO3
PWO3
5,863
5,863
LF@$
LF@$
8,794.50
8,794.50
STORM DRAIN SYSTEM SUBTOTAL
1.50
1.50
$17,589.00 $0.00
DEVELOPER
cosT CREDITS
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE s427,472.83 $0.00
ADDITIONAL FEES
20o-Year Flood Plan Cerlification Fee
Parks & Recrealion Fåcil¡t¡es Development lmpact Fee
(Addit¡onal for Undersized Park for Units 1 and 2)
27080000.55020
43700000.57501
107 LOTS @ $
205 LOTS @ $
188 $20,1'16.00
1187.20 $243,376.00
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $690,964.83