HomeMy WebLinkAboutAgenda Report - January 15, 2020 C-09AGENDA ITEM (2on 9
J"� CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Accepting Public Improvements of Reynolds Ranch Buffer Trail
and Authorizing City Manager to Execute Landscape Maintenance Agreement
MEETING DATE: January 15, 2020
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution accepting public improvements of Reynolds Ranch
Buffer Trail and authorizing City Manager to execute Landscape
Maintenance Agreement.
BACKGROUND INFORMATION: The Reynolds Ranch development includes a buffer trail system as
part of the open space planning in the master plans. The buffer trail
serves as a linear park feature and also a buffer between the
Reynolds Ranch development and the Armstrong Road agricultural cluster area identified in the 2010
General Plan.
The buffer trail is generally 75 feet in width and consists of a 14 -foot wide paved bike/pedestrian path,
benches, path lights, shrubs and trees, and other miscellaneous improvements (Exhibit A) and will be
opened to the public from dawn to dusk. The buffer trail improvement was part of the condition of
approval for the Rubicon Apartments project. The developer, Skinner Ranch Holdings, L.P. (Developer),
entered into a Public Improvement Agreement for the construction of the buffer trail fronting the project
boundary.
The buffer trail improvements are now completed in conformance with the approved public improvement
plans and the Developer has furnished the necessary three-year warranty bond. The Developer is also
required to execute a Landscape Maintenance Agreement to maintain the park landscape elements for a
period of three years.
Staff recommends accepting public improvements of Reynolds Ranch Buffer Trail and authorizing City
Manager to execute Landscape Maintenance Agreement.
FISCAL IMPACT: There will be an overall increase in long-term maintenance costs for the
buffer trail, which will be partially offset by Community Facilities District No.
2007-1 revenue.
FUNDING AVAILABLE: Not applicable.
Charles E. Swimle�, Jr
Public Works Director
Prepared by Lyman Chang, City Engineer/Deputy Public Works Director
CES/LC/tdb
Attachments
cc: City Attorney
City Engineer / Deputy Public Works Director
Skinner Ranch Holdings, L.P
Assistant Engineer, Kiriu
PRCS Director
APPROVED. k. '►
Stephen chwabaUr; Cd y Manager
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\CAccept Rubicon Buffer Trail.doc
1/6/2020
G�y,�� tea OF , •
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9�jFORt� CDEPARTMENT
BUFFER TRAIL
IMPROVEMENTS BY
FUTURE RESIDENTIAL
PROJECT
Exhibit A
Reynolds Ranch Buffer Trail
Rubicon Apartment
e Mii
1iros,��
AGRICULTURAL AREA BUFFER TRAIL IMPROVEMENTS
BY RUBICON APARTMENT PROJECT
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Trail\Improvement Agreement\Reynolds Ranch Buffer Trail Exhibit.dwg, Layout1, 1/6/2020 2:31:30 PM
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
LANDSCAPE MAINTENANCE AGREEMENT
for the
REYNOLDS RANCH BUFFER TRAIL IMPROVEMENTS
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and SKINNER RANCH HOLDINGS, L.P.,
a California limited partnership, hereinafter referred to as "Developer".
RECITALS:
WHEREAS, Developer submitted building permit application No. 20161804 and No. 20161758
through No. 20161770 for the development of Rubicon Apartment at Reynolds Ranch, hereinafter
"Development".
WHEREAS, Developer is required to construct the buffer trail system (hereinafter "Project"), as a
condition of development under the terms of the "Improvement Agreement for Public
Improvements of Reynolds Ranch Buffer Trail Improvements", hereinafter "Agreement"; and
WHEREAS, City Council will accept the public improvements and dedications therein offered on
the condition that Developer will first enter into and execute this Agreement with City and meet the
requirements of the resolution accepting the improvements; and
NOW THEREFORE, for and in consideration of the acceptance of the Project and dedications
offered, the parties agree as follows:
Developer agrees to maintain and upkeep the landscape and hardscape elements installed
with the buffer trail including weekly trash removal from the trash cans in the trail system for
a period of three (3) years from the acceptance of the Project by City.
Developer shall furnish a Maintenance Security in the amount of $54,890.00 as security for
the maintenance costs.
Developer shall obtain an encroachment permit from the City for the said maintenance work
within the Project area for the entire maintenance period and provide the necessary
insurance per the terms of the encroachment permit. The said maintenance work shall be
performed by a California state licensed contractor.
4. Developer agrees to save, defend, indemnify, and hold harmless the City, its elected and
appointed officials, officers, agents and employees, from liability of any nature whatsoever
arising from Developer's (or its agents) performance under this Agreement to maintain and
upkeep the landscape and hardscape elements as set forth in Item No. 1 above.
Notires
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.
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Buffer Traillandscape Maint Agreement\Landscape Maintenance Agreement doc 1 12/17/19
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:
Skinner Ranch Holdings, L.P.
1420 S. Mills Avenue, Suite M
Lodi, CA 95242
Attn: Bart Robertson
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.
6. Authority
The undersigned hereby represent and warrant that they are authorized by the parties they
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.
Dated:
ATTEST:
PAMELA M. FARRIS
Assistant City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH
City Attorney
SKINNER RANCH HOLDINS,
a California corporation
By: Morse Skinner Properties, LLC, a
California limited liability company, its
general partner
By:
BARTON R. ROBERTSON
Manager
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated:
By:
STEPHEN SCHWABAUER
City Manager
(CORPORATE SEAL)
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When Recorded Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2020-05
Doc N: 2020-009912
01/23/2020 02:10:39 PM
Page: 1 of 1 Fee: $0
Steve J. Bestolarides
San Joaquin County Recorders
Paid By: SHOWN ON DOCUMENT
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING REYNOLDS
RANCH BUFFER TRAIL PUBLIC IMPROVEMENTS; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
LANDSCAPE MAINTENANCE AGREEMENT
WHEREAS, Reynolds Ranch development includes a buffer trail system as part of the open
space planning in the master plans that serves as a linear park feature and also a buffer between
the Reynolds Ranch development and the Armstrong Road agricultural cluster area identified in the
2010 General Plan; and
WHEREAS, the buffer trail improvements were part of the condition of approval for the
Rubicon Apartments project; and
WHEREAS, the developer, Skinner Ranch Holdings, L.P. (Developer), entered into a Public
Improvement Agreement for the construction of the buffer trail fronting the project boundary; and
WHEREAS, the Developer is also required to execute a Landscape Maintenance Agreement
to maintain the park landscape elements for a period of three years; and
WHEREAS, staff recommends that the City Council accept the public improvements for the
Reynolds Ranch Buffer Trail, and further recommends authorizing the City Manager to execute a
three-year Landscape Maintenance Agreement for the project.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept
Reynolds Ranch Buffer Trail Public Improvements; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute a three-year Landscape Maintenance Agreement for the project; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual
(adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor
revisions to the above -referenced document(s) that do not alter the compensation or term, and to
make clerical corrections as necessary.
Dated: January 15, 2020
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I hereby certify that Resolution No. 2020-05 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held January 15, 2020, by the following vote:
AYES:
COUNCIL MEMBERS —
Chandler, Johnson, Nakanishi, and Mayor Kuehne
NOES:
COUNCIL MEMBERS —
None
ABSENT:
COUNCIL MEMBERS —
Mounce
ABSTAIN: COUNCIL MEMBERS — None
V77.
PAMELA M. FARRIS
Assistant City Clerk
2020-05