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HomeMy WebLinkAboutAgenda Report - January 15, 2020 C-11AGENDA ITEM ICIP 1 I rt, %41 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Interlaken Subdivision, Tract No. 4024 MEETING DATE: January 15, 2020 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution approving final map and authorizing City Manager to execute Improvement Agreement for Interlaken Subdivision, Tract No. 4024. BACKGROUND INFORMATION: The Interlaken Subdivision is a residential development located east of Lower Sacramento Road and north of Kettleman Lane, as shown on Exhibit A. The subdivision consists of 25 single-family, residential lots and the project includes the installation of all interior subdivision public improvements and landscaping improvements fronting Lower Sacramento Road. The developer, known as 1164 Lower Sac, LLC (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). Staff recommends approving final map and authorizing City Manager to execute Improvement Agreement for Interlaken Subdivision, Tract No. 4024. FISCAL IMPACT: There will be an increase in long-term maintenance costs for public infrastructure and City services such as police, fire, and parks, and open space maintenance. This cost will be partially offset by proceeds from the CFD. FUNDING AVAILABLE: Not applicable. } Charles E. Swimley, Jr. Public Works Director Prepared by Karissa Kiriu, Assistant Engineer CES/KTVK/tdb Attachments cc: City Attorney, Magdich Deputy Public Works Director / City Engineer, Chang Assistant Engineer, Kiriu Senior Engineering Technician, Wiman 1168 Lower Sac, LLC Baumbach & Piazza, Inc. APPROVED: Stephen Schwab ue ity Manager K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB. Lower Sac 1164 S - Bennett\Improvement Agreement\CC_Interlaken doc 1/6/2020 Taylor Rd. rdonnay Ln. O w C N E R L v Cn L O J Kettleman Ln / Hwy 12 c m Exhibit A Interlaken Subdivision Vicinity Map W N S E 0 150 300 600 Feet K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB. Lower Sac 1164 S - Bennett\Improvement Agreement\lnfo_Void\CCExhibitA.mxd WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of the INTERLAKEN SUBDIVISION TRACT NO. 4024 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", 1164 LOWER SAC, LLC, a California limited liability company, hereinafter referred to as "Developer', and G AND L BROCK CONSTRUCTION COMPANY, INC., a California corporation, hereinafter referred to as "Developer's Contractor." RECITALS - Developer is the developer of that certain real property situated in the City of Lodi, County of San Joaquin, commonly known as Parcel 1 (A.P.N.: 027-41-001) 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 "INTERLAKEN SUBDIVISION." 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 Interlaken 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 party to this Agreement solely to secure the Faithful Performance Bonds and Labor and Materials Bonds referred to in Paragraph 12 below and to secure the Insurance referred to in paragraph 15 below. Developer's Contractor has no other obligations under this Agreement. 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 019D011, which are on file in the Public Works Department. K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB Lower Sac 1164 S - Bennett\Improvement Agreement\ImpAgmt_Interlaken doc 1 1/9/20 The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: A. Street light installation and connection to City system; B. Natural gas line installation; C. Telephone line installation; D. Electrical system; and E. Cable television system. 2. Development Changes Developer shall also perform all work and furnish all materials necessary to comply with any changes required by the Public Works Director, which, in his opinion, are necessary or required to complete the work in conformance with City Standards or are the result of changed conditions. 3. Performance of Work by Cit Prior to the approval of the final map by the City, it is agreed that the Developer shall deposit with the City the amount of money shown as the "Developer Cost" on the Billing Schedule, attached hereto as Exhibit C, and by this reference made a part hereof as though fully set forth. From payments made under the Billing Schedule, Developer elects to have the City perform or install or cause the installation of the following items: A. Street seal coat; B. Televideo inspection of the public sewer and storm drain lines. The fee shown on the Billing Schedule is based on the linear footage of sewer and storm drain pipe, including laterals, shown on the improvement plans. The fee will be adjusted, if necessary, when the televideo inspection is complete. Any additional fee must be paid prior to Project acceptance; C. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering twelve months period. The fee will be adjusted, if necessary, when the improvements are complete and ready for acceptance by the City. Any additional fee must be paid prior to Project acceptance; D. 1" x 10" water service hot tap, developer's contractor is responsible for trenching and backfill; and E. Water meter installation for irrigation service. Developer shall also pay all additional costs for work performed by City deemed by the Public Works Director necessary to complete the work under this Agreement in conformance with City Standards. 4. Development Impact Mitigation Fees Development Impact Mitigation Fees for water, wastewater, street improvements, storm drain, police, fire, parks and recreation, general City facilities, art in public places are required for this Project. Payment of the Development Impact Mitigation Fees shall be collected prior to issuance of Certificate of Occupancy for each dwelling. 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. K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB. Lower Sac 1164 S - Bennett\Improvement Agreement\ImpAgmt_Intedaken.doc 2 1/9/20 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 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, under the terms of an addendum to this Agreement, which shall be approved and executed by the City Manager. Any such extension may be granted without notice to Developer's surety, and extensions so granted, shall not relieve the surety's liability on the bond to secure the faithful performance of Developer under this Agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. 8. Record Drawings and Certifications Prior to acceptance of the Project improvements, Developer shall have installed and put in place, all survey monuments as shown on the Maps and provide record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. 9. Permits; Compliance with Law Developer shall, at Developer's expense, obtain all necessary permits and licenses for the construction of the improvements described in this Agreement, give all necessary notices, and pay all fees and taxes required by law. 10. Superintendence by Developer Developer shall give personal superintendence to the work of said improvements, or have a competent agent, foreman or superintendent, satisfactory to the Public Works Director, on the work site at all times during construction, with authority to act for Developer. 11. Inspection by City Developer, shall at all times, maintain proper facilities and provide safe access for inspection by City to all parts of the work site. Inspections will be provided during normal working hours of City staff. Developer will be billed for inspections on work performed on weekends, holidays and overtime. Developer shall also pay all additional costs incurred by City for soils and materials testing and/or inspection services, including storm water compliance inspections, required as a part of City inspection activities. 12. Contract Security Concurrently with the execution of this Agreement, Developer's Contractor shall furnish Improvement 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. K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB Lower Sac 1164 S - Bennett\Improvement Agreement\ImpAgmt_Interiaken.doc 3 1/9/20 The City has determined these security amounts to be as follows: Faithful Performance: $ 794,600.00 Labor and Materials: $ 794,600.00 13. Warranty Security Prior to acceptance of the Project improvements by City, Developer shall furnish warranty security of at least 10 percent of the total cost of the public improvements required to be constructed, as security for repair or replacement of defective work as provided under Paragraph 17 of this Agreement. The warranty period shall be two years following the date of acceptance of the improvements by City. If any portion of the Project receives partial acceptance during the course of construction, the warranty period for all required Project improvements shall commence upon the date of final acceptance for the entire Project. 14. Hold -Harmless Agreement Developer hereby agrees to, and shall, hold City, its elected and appointed boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage from personal injury, including death, as well as from claims for property damage which may arise from Developer's or Developer's contractors', subcontractors', agents' or employees' operations under this Agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elected and appointed boards, commissions, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: A. That City does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described in Paragraph 15 of this Agreement. B. That the aforesaid hold -harmless agreement by Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the Project, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 15. Developer's Insurance Developer's Contractor shall not commence work under this Agreement until Developer's Contractor has obtained all insurance required under this paragraph, nor shall Developer's Contractor allow any work to commence until all similar insurance required of the contractor or subcontractor has been so obtained. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Worker's Compensation Insurance Developer's Contractor shall maintain, during the life of this agreement, Worker's Compensation Insurance for all Developer's Contractor's employees employed at the site of improvement, and in case any work is sublet, Developer's Contractor shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance for all contractors' or subcontractors' employees, unless such employees are covered by the protection afforded by Developer's Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB Lower Sac 1164 S - Bennett\Improvement Agreement\lmpAgmt_Interlaken.doc 4 1/9/20 Project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine Street, Lodi, CA, 95240. Developer's Contractor hereby indemnifies City for any damage resulting to it from failure of either Developer's Contractor or any contractor or subcontractor to take out or maintain such Worker's Compensation insurance. B. Comprehensive General and Automobile Insurance Developer's Contractor shall take out and maintain during the life of this Agreement such insurance as shall insure City, its elected and appointed boards, commissions, officers, agents, and employees, Developer's Contractor 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 Contractor or any contractors' or subcontractors' operations hereunder, whether such operations be by Developer's Contractor or any contractor or subcontractor or by anyone directly or indirectly employed by either Developer's Contractor or any contractor or subcontractor, and the amount of such insurance shall be as follows: 1, COMPREHENSIVE GENERAL LIABILITY $4,000,000 Each Occurrence $8,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $4,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. Developer's Contractor must have comprehensive automobile liability only if Developer's vehicles are used for the Project or on the Project property. NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage. NOTE: Developer's Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB Lower Sac 1164 S - Bennett\Improvement Agreement\ImpAgmt_Interiaken doc 5 1/9/20 that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Developer's Contractor; whichever is greater. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents and employees as additional named insured insofar as work performed by the insured under written contract with the City of Lodi. This endorsement shall be on the form furnished by City and shall be included with Developer's Contractor's policies. An additional named insured endorsement is also required for Auto Liability. B. Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Developer's 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 Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the Developer's Contractor's liability. D. Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. E. Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Developer's Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. F. Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. G. Continuity of Covera 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's Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Developer's Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Developer's K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB Lower Sac 1164 S - Bennett\Improvement Ag reement\ImpAgmt_Interlaken doc 6 1/9/20 Contractor's insurance lapses or is discontinued for any reason, Developer's Contractor shall immediately notify the City and immediately obtain replacement insurance. H. Failure to Comply If Developer's Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Developer's Contractor 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's Contractor 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's Contractor shall pay such reimbursement and interest on the first (1S) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Developer's Contractor 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's 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. I. Qualified Insurer(sl 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. 16. Title to Improvements Title to, and ownership of, all public improvements constructed hereunder by Developer shall vest absolutely in City upon completion and acceptance of such public improvements by City. 17. Repair or Reconstruction of Defective Work If, within a period of two (2) years after final acceptance by City of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, including the mitigation measures for dust and erosion control, fails to fulfill any of the requirements of this Agreement plans and specifications referred to herein, Developer and Developer's surety shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Developer or Developer's surety fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Developer shall pay to City the actual cost of such repairs plus 15 -percent for administration and overhead costs. 18. Landscape Maintenance Developer shall perform regular maintenance on the hardscape and landscape element, including plants and irrigation system, installed with the Project for a period of three (3) 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. K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB Lower Sac 1164 S - Bennett\Improvement Agreement\lmpAgmt_Interlaken.doc 7 1/9/20 Developer shall furnish a Maintenance Security of at least 10% of the total cost of the landscape improvements as security for the maintenance 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 $5,000 for each assembly required. The purpose of the deposit is to guarantee the return of the assembly in good condition and fulfillment of the other obligations shown in the City's Policies and Procedures entitled "Metering Water Usage of New Water Mains Requiring Temporary Bypasses." 20. Mud, Debris, Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the Project site or elsewhere onto City or County streets or onto private property without express permission. Developer further agrees not to cause damage to City or County streets. Should any mud or debris be deposited in City or County streets or any damage is caused to City or County streets, Developer shall have the same removed or repaired forthwith, and if not removed or repaired upon notice within a specified time, City shall cause the same to be removed or repaired and Developer shall be charged for the cost of said removal or repairs. Developer, Developer's contractor, subcontractors, and/or agents shall be responsible for dust and erosion problems created during construction, including installation of telephone, electrical, cable television and gas facilities. Developer's responsibility for dust and erosion control shall extend to include a period of two years from the date of final acceptance by City of the work performed under this Agreement. If a dust or erosion problem arises during development or within a period of two (2) years from the date of final acceptance by City of the work performed under this Agreement, including but not limited to installation of telephone, electrical, cable television, and/or gas facilities, and has not, after notice, been abated by Developer within a specified period of time, City shall cause the same to be controlled, and Developer shall be charged with the cost of said control. 21. Fire Protection During Construction Fire protection facilities approved by City's Fire Chief, including all-weather access road and an approved water supply capable of supplying the required fire flow, shall be installed and made serviceable in accordance with the City Fire Code (as set forth in the Lodi Municipal Code) prior to and during the time of building construction. The above may be modified when alternate methods of protection approved by the Fire Chief are provided. 22. Protection of Existing Improvements Damage to any existing improvements, private or public utility lines installed or undergoing installation in which damage occurs during the onsite and offsite construction required of Developer under this Agreement, shall be the absolute responsibility and liability of Developer. In other words, it shall be Developer's responsibility to pay for damage to existing improvements and public or private utilities within the Project property. Damage to any existing facilities outside the limits of the Project damaged as part of the construction of the required Project improvements is also Developer's responsibility. 23. Dwelling Occupancv 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. If building is started K:\WP\DEV SE RV\Developments\Residential\INTERLAKEN SUB Lower Sac 1164 S - Bennett\Improvement Agreement\ImpAgmt_Interlaken doc 8 1/9/20 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 such notice, Developer's surety shall have the duty to take over and complete the work and the improvements herein specified; provided however, that if the surety, within five (5) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of this Agreement, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damage occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 27. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. 28. Notices. All notices herein required shall be in writing, signed by the authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties. Notices required to be given to City shall be addressed as follows: Charles E. Swimley, Jr. Public Works Director City of Lodi 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB Lower Sac 1164 S - Bennett\Improvement Agreement\ImpAgmt_Interlaken.doc 9 119/20 Notices required to be given to Developer shall be addressed as follows: Dennis G. Bennett Manager 1164 Lower Sac, LLC P.O. Box 1597 Lodi, CA 95241 Notices required to be given to Developer's Contractor shall be addressed as follows: Lisa Coussons Controller G and L Brock Construction Company, Inc. 4145 Calloway Court Stockton, CA 95215 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 parry and thereafter notices shall be addressed and transmitted to the new address. 29. Authoh 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.] K:\WP\DEV_SERV\Developments\Residential\INTERLAKEN SUB. Lower Sac 1164 S - Bennett\Improvement Agreement\ImpAgmt_Interlaken doc 10 1/9/20 30. Execution In Witness Whereof, Developer, Developer's Contractor, and City have caused their names and corporate seals to be hereunto affixed. "DEVELOPER" 1164 LOWER SAC, LLC, a California limited liability company Dated: % By: k' Manager (CORPORATE SEAL) "DEVELOPER'S CONTRACTOR" G AND L BROCK CONSTRUCTION COMPANY, INC., a California corporation Dated: Q - 0'6 - 2-2-2-0 By: � .mac LISA COUSSONS Controller (CORPORATE SEAL) CITY OF LODI, a California municipal corporation Dated: By: STEPHEN SCHWABAUER City Manager ATTEST: PAMELA M. FARRIS Assistant City Clerk (CORPORATE SEAL) APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney K:1WP%DEV SERVOevelopments%ResidentiallINTERLAKEN SUB. Lower Sac 1164 S - Bennethimprovement Agreement impAgmt Interlaken.doc 11 12/24/19 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin 1 On January 8, 2020 before me, Karen Amin, Notary Public (insert name and title of the officer) personally appeared Lisa Coussons who proved to me on the basis of satisfactory evidence to be the person(s) whose name s) Ware subscribed to the within instrument and acknowledged to me that le/she$they executed the same in ItWher[thair authorized capaoiWies), and tha"y hi&bbar/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. •5"`�`' KAREN AMIN COMM. #2266462 n r ; , NOTARY PUBLIC • CALIFORNIA N SAN JOAQUIN COUNTY mr comm Fxwn DEC 8, 2022 Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin On 1/8/2020 before me, Tana Fowler , Notary Public, (here insert name and title of the officer) personally appeared Dennis G. Bennett who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m7 Kr�d�nd official seal. }} A Signature I TaWa-(FiVter, Notary Acknowledgment - General SSCORPD1863.doc / Updated:- 09.23.19 TANA FOWLER •* ;- Notary Public California ary Public ` San Joaquin County Commission N 2237499 z c' My Comm, Expires May 6, 2022 2019-003966 Page 3 of 3 01/11/2019 01:50:39 PM EXHIBIT "A". Legal Description For APN/Parcel ID(s): 027.410.01 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 6 EAST; THENCE NORTH ALONG THE QUARTER SECTION LINE OF SAID SECTION 10, 968. FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO SPIRO VLAVIANOS BY DEED RECORDED NOVEMBER 25, 1960 IN BOOK 2356 OF OFFICIAL RECORDS, PAGE 520, SAN JOAQUIN COUNTY RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND SAID SOUTH LINE EXTENDED EASTERLY AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 19, 1184 FEET; MORE OR LESS, TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WALDO E. CRANE AND ARLENE CRANE, BY DEED RECORDED IN BOOK 960 OF OFFICIAL RECORDS, PAGE 96, SAN JOAQUIN COUNTY RECORDS; THENCE NORTH ALONG SAID WEST LINE 354 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 10; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 10, 1184 FEET MORE OR LESS, TO THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THRU SECTION 10; THENCE SOUTH ALONG SAID 1/4 SECTION LINE, 354 FEET, MORE OR LESS, TO THE POINT -OF BEGINNING. EXCEPT THE SOUTH 110 FEET OF THE NORTH 244 FEET OF THE WEST 195 FEET OF THE SOUTH 112 OF THE SOUTHEAST 1/4 OF SAID SECTION 10 AS CONVEYED IN DEED EXECUTED BY ALEC E. ZAREK, ET UX, TO JOHN VLAVIANOS AND FARRYLE VLAVIANOS, HIS WIFE, RECORDED JUNE 2,1960, IN BOOK 2304 OF OFFICIAL RECORDS, PAGE 295, SAN JOAQUIN COUNTY RECORDS. ALSO EXCEPT THE SOUTH 110 FEET OF THE NORTH 354 FEET OF THE WEST 195 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST 114 OF SAID SECTION 10 AS CONVEYED TO SPIRO VLAVIANOS BY DEED RECORDED NOVEMBER 25,1960 IN BOOK 2356 OF OFFICIAL RECORDS, PAGE 520, SAN JOAQUIN COUNTY RECORDS. Atffdw t (Change of Trustee) Printed: 01.09.19 4D 09:25 PM SCA00002192.doo! Updated: 11.27.17 Page 3 CA-CT-FSST-02190.054531-FSST-5311800579 Non -Order Search Page 3 of 3 Requested By: jrballesteros, Printed: 12/5/2019 2:33 PM Doc: CASAN12019 00003966 IJ ; I Davis Rd _ 0 •AMBjsglePISH nee;ey:a . CL � S �c x s m +,a�� gx wap 1!❑0� o a x y 54� E 4! 0J I 1 Val Gardena I C C p J •� I � = m ) C Y m y �Q usIIelJa;ul m .r d r CD F -pa o;ueurt nes Jemo-I LO 'AM Development: Interlaken Subdivision Developer: 1164 Lower Sac, LLC Engineer: Baumbach & Piazza, Inc. Date: 12/18/19 ENGINEERING Plan Check Fee (5.0% of (3.5% of (2.5% of Inspection Fee (4.0% of (3.5% of Plan Check Fee Paid Improvement Agreement ENGINEERING SUBTOTAL STREET SYSTEM Fees: Storm Water Inspection Fees (Charge for 1 year inspection) Charges for work by City Forces: Seal Coat STREET SYSTEM SUBTOTAL SEWER SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation TV Inspection for Project Acceptance SEWER SYSTEM SUBTOTAL WATER SYSTEM Fees: Charges for work by City Forces: 1" x 10" Hot Tap for Irrigation Service 1" Meter for Irrigation System WATER SYSTEM SUBTOTAL 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 To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE PW03 1.100 LF @ $ PW03 1.100 LF @ $ PW02 PW03 PW03 0 1.50 1,650.00 1.50 1,650.00 $3,300.00 1 EA @ $ 5,320.00 5,320.00 1 EA @ $ 350.00 350.00 $5,670.00 721 LF @ $ 1.50 1,081.50 721 LF @ $ 1.50 1,08150 $2,163.00 $0.00 $0.00 $0.00 $72,074.40 $23,649.00 BILLING SCHEDULE EXHIBIT C Gross Acreage: 8.46 No. of Units: 25 Construction cost $794,600.00 DEVELOPER COST CREDITS $100,000) ENGFEE $ 5,000.00 $200,000) ENGFEE 7,000.00 $494,600) ENGFEE 12,365.00 $250,000) ENGINS 10,000.00 $544,600) ENGINS 19,061.00 ENGFEE $ 23,649.00 ENGFEE $2,265.00 $ $ 55,691.00 $ 23,649.00 PW03 1 LS @ $ 2,096.00 $2,096.00 NC07 39,430 SF @ $ 0.08 $3,154.40 $5,250.40 $0.00 PW03 1.100 LF @ $ PW03 1.100 LF @ $ PW02 PW03 PW03 0 1.50 1,650.00 1.50 1,650.00 $3,300.00 1 EA @ $ 5,320.00 5,320.00 1 EA @ $ 350.00 350.00 $5,670.00 721 LF @ $ 1.50 1,081.50 721 LF @ $ 1.50 1,08150 $2,163.00 $0.00 $0.00 $0.00 $72,074.40 $23,649.00 DEVELOPER COST CREDITS ADDITIONAL FEES Reimbursement Agreements 1995-02 and 1995.04 (EXPIRED) $0.00 200 -Year Flood Plan Certiflcatlon Fee 27080000.55020 25 LOTS $ 188 $4,700.00 Post -Construction Storm Water Mitigation Fee 30000000.55024 312.63 CY ® $ 100 $31,262.96 TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $84,388.36 GI I WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Plne Street Lodi, CA 95240 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of the INTERLAKEN SUBDIVISION TRACT NO. 4024 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", 1164 LOWER SAC, LLC, a California limited liability company, hereinafter referred to as "Developer", and G AND L BROCK CONSTRUCTION COMPANY, INC., a California corporation, hereinafter referred to as "Developer's Contractor." RECITALS: Developer is the developer of that certain real property situated in the City of Lodi, County of San Joaquin, commonly known as Parcel 1 (A.P.N_: 027-41-001) 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 "INTERLAKEN SUBDIVISION." 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 Interlaken 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 party to this Agreement solely to secure the F441110 P douiiance Bonds and Labor aPci 4lato; taia Bu 10& ;!:Merrell to In Pafayfaph 12 below and to secure the Insurance referred to in paragraph 15 below. Developer's Contractor has no other obligations under this Agreement, 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, Perfprmonce 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 Formatted- English (U.S.), Do not check 019D011, which are on file in the Public Works Department. � spelling or grammar K ITO NJ €V_ SERV%tsnr►w>>1,vnrvla,<�uonu4nir.�l Ff". KE.h SV.H. tvwr S.pc IRKS • 0.nnn4 I � trrpa+ymum Apr9W0"NrnPA8 rnt '.I I! til Ilk Q%fl l; tII,IHt:.:IF<K roArFO ."kV YJeVN11rx11miGVi6BIdUMIYlNNTF R4 -AX FN SUR i ower S_ a4 t 104 S - eamwWnpuvanlenl aora<"ranlWnp►.gmFJnlaliahandao 1 1/14120 The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: A. Street light installation and connection to City system; B. Natural gas line installation; C. Telephone line installation; D. Electrical system; and E. Cable television system. 2. Qeveio ment Chnn e5 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. RerformanCq of Work by City Prior to the approval of the final map by the City, it is agreed that the Developer shall deposit with the City the amount of money shown as the "Developer Cost" on the Billing Schedule, attached hereto as Exhibit C, and by this reference made a part hereof as though fully set forth. From payments made under the Billing Schedule, Developer elects to have the City perform or install or cause the installation of the following items: A. Street seal coat; B. Televideo inspection of the public sewer and storm drain lines. The fee shown on the Billing Schedule is based on the linear footage of sewer and storm drain pipe, including laterals, shown on the improvement plans. The fee will be adjusted, if necessary, when the televideo inspection is complete. Any additional fee must be paid prior to Project acceptance; C. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering twelve months period. The fee will be adjusted, if necessary, when the improvements are complete and ready for acceptance by the City. Any additional fee must be paid prior to Project acceptance; D. 1" x 10" water service hot tap, developer's contractor is responsible for trenching and backfill; and E. Water meter installation for irrigation service, 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. DevelopmentJmpacl Mitigation Fees Development Impact Mitigation Fees for water, wastewater, street improvements, storm drain, police, fire, parks and recreation, general City facilities, art in public places are required for this Project. Payment of the Development Impact Mitigation Fees shall be collected prior to issuance of Certificate of Occupancy for each dwelling. In conformance with LMC Section 15.64.050, the fees are automatically adjusted on January I" 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. Formatted: English (U.S.), Do not check suelllnq or grammar K'tYVlMeV Sr:Rvlrov lapnT IM I•AOA SETH LC+M Ut fim y " n1V1*PwaVrMRI4 Agraalnanl VcnIO Qn4Lnler;#tggR CGL INT' fWK VWVY7kV. SFAuri?orsrqurwtlsVtw.wrN�an.'NT En IAKJ�N 511)6[ LOww SaG IIV, ROIUMAItrrnyowMi Agrwwnuu"m["ut_lraatkP0Ai dna 2 1/14/20 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 G9mmencement 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 or the essence of this Agreement. City may extend the time for completion of the Improvements hereunder, under the terms of an addendum to this Agreement, which shall be approved and executed by the City Manager. Any such extension may be granted without notice to Developer's surety, and extensions so granted, shall not relieve the surety's liability on the bond to secure the faithful performance of Developer under this Agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. 8. Record Drawlnas and Cartificativns Prior to acceptance of the Project improvements, Developer shall have installed and put in place, all survey monuments as shown on the Maps and provide record drawings and certifications as described in the City of Lodi Public Improvement Design Standards, 9. Permits JQQMplian,Ce 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 Develooer Developer shall give personal superintendence to the work of said improvements, or have a competent agent, foreman or superintendent, satisfactory to the Public Works Director, on the work site at all times during construction, with authority to act for Developer. 11. Inspection by City Developer, shall at all times, maintain proper facilities and provide safe access for inspection by City to all parts of the work site. Inspections will be provided during normal working hours of City staff. Developer will be billed for inspections an 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's Contractor shall furnish Improvement Security of at least 140 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. Formatted: English (U.S.), Do not check } spelling orgramm5r r K lYr; Ur - sll•RY'ZY•,01QW. %"WHOdOPMONTEF LAKEN SU E3 W*Vr$or-II04.5.: fiBnnR IIf'.Hllerl4 !�Y[CYIIM�tlIRB�WnLS719tlakMftUL1HJ:.OKU NVP+1]FL. 8&RVrtlirokrpmontstlieaidenGentN7ERWGEN 5U B. LMW Soo 12.61&• namauumP�wr a,G 4y�oeuwnawyngnti4. WdNWW&aoc 3 1114/20 The City has determined these security amounts to be as follows: Faithful Performance: $ 794,600.00 Labor and Materials: $ 794,600.00 13, Warranty Securitv 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. hQld-Harmlg§s Agreement Developer hereby agrees to, and shall, hold City, its elected and appointed boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage from personal injury, including death, as well as from claims for property damage which may arise from Developer's or Developer's contractors', subcontractors', agents' or employees' operations under this Agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elected and appointed boards, commissions, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: A. That City does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described in Paragraph 15 of this Agreement. B. That the aforesaid hold -harmless agreement by Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the Project, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 15. Deveione-r's Insurance Developer's Contractor shall not commence work under this Agreement until Developer's Contractor has obtained all insurance required under this paragraph, nor shall Developer's Contractor allow any work to commence until all similar insurance required of the contractor or subcontractor has been so obtained. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Worker's Compensation Insurance Developer's Contractor shall maintain, during the life of this agreement, Worker's Compensation Insurance for all Developer's Contractor's employees employed at the site of improvement, and in case any work is sublet, Developer's Contractor shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance for all contractors' or subcontractors' employees, unless such employees are covered by the protection afforded by Developer's Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the x �YyrrF7EV .YI?HVY?r�Nnrrr�en�><ta n�yM!INfRR41� H $F19.I,art}r w III" S Bs�ixnu.npmy,ryemn AQ?""Pf1r41!rr0&64n1{. !Hn�l✓N!,n�R!=OItYF, *Kx 1WPMOEliNlMwiqunM16001, aids lar3rf.,AIARFK&m I W. aw,1W s - 0i .AP,k.ls�AV*wnunu4npJgrM-*401mi ndm 4 11I4 0 Formatted: English (U.S.), Do not check I s—KO N or flrammar Project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine Street, Lodi, CA, 95240. Developer's Contractor hereby indemnifies City for any damage resulting to it from failure of either Developer's Contractor or any contractor or subcontractor to take out or maintain such Worker's Compensation insurance. B. Comprehensive Q_erteral and Automobile Insurance Developer's Contractor shall take out and maintain during the life of this Agreement such insurance as shall insure City, Its elected and appointed boards, commissions, officers, agents, and employees, Developer's Contractor and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the Project or the Project property, Including any public streets or easements, from Developer's Contractor or any contractors' or subcontractors' operations hereunder, whether such operations be by Developer's Contractor or any contractor or subcontractor or by anyone directly or indirectly employed by either Developer's Contractor or any contractor or subcontractor, and the amount of such insurance shall be as follows: 1, CQMPREHEIV$I1j- ENERAL LIABILITY $4,000,000 Each Occurrence $8,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE !&ft LiTY $4,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. Developer's Contractor must have comprehensive automobile liability only if Developer's vehicles are used for the Project or on the Project property. NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage. NOTE: Developer's Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 el seq.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentlons (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, Formatted: English (U.S.), Do not check spelling or grammar i[ �Wf % V.. Y�Lkrrmgpm�11li1Rb r1E�Nhrt:.iT�1J�r�l:A 410. WAW Sac 1484 S FSI!^MIYRIPfoi mom AOrC9T91�1UfI1W1WnLhIIO�IlM1lr►f�FR4!! d.49K kWPOEV$ERV1D"elePm"kRoZWMiaklNTERIAKEP4SUB: L-DWW Gro 1164&- -- - - ---- --- blwnrNwMpe.�elw4 AWr�InunlanipAy�ul_i+Murl�kae.dec 5 1/14/20 that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Developer's Contractor; whichever is greater. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named Insured EL r Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) Such Insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents and employees as additional named insured insofar as work performed by the insured under written contract with the City of Lodi. This endorsement shall be on the form furnished by City and shall be included with DevelDper's Contractor's policies. An additional named insured endorsement is also required for Auto Liability. B. f'gMgry and Non -Contributory Insurance 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 Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the Developers Contractor's liability. D. Waiver of Subrogattos� Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. E. Limils of Goverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Developer's Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. F. Completed Opera[ions Endorsempnl 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. C90inuh 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's Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Developer's Contractor shall provide proof of continuing Formatted: English (U.S.), Do not check insurance on at least an annual basis during the Term. If Developer's spelling ted: or English t5 �WE'I1EY._BE�t3t11 .:+n " a+l;rrti <r xr.iri sI +LA Kir: sy.ra :.o kr yac i• z•: s aarr_a«ump sur=nr� — R911171Prnlllllgi�prl}I.IrNp1Yi[m��tEi}I 17{F.$JAK Wq'T.�y�SERV�.Unr ��srynlurrlGLRnse4bnuglllhT CRtAK144 SUR L. of bnn •1184-5 WHVAM144+ waww+nm%%JA .;.rkwl i%wr Ling $ 1114/20 Contractor's insurance lapses or is discontinued for any reason, Developer's Contractor shall immediately notify the City and immediately obtain replacement insurance. H. Failure to Comply If Developer's Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Developer's Contractor 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's Contractor 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. Developers Contractor 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 Developer's Contractor 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's 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. QVal fi i ,d Insurer 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 (t.ESLI list) and otherwise meet City requirements. 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. Re ;air 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. Deveiaper 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 ova rhe ad costs. 18. Landscape Maintenance Developer shall perform regular maintenance on the hardscape and landscape element, including plants and irrigation system, installed with the Project for a period of three (3) years after the final acceptance by City. Should Developer or Developers surety fail to act promptly or in accordance with this requirement, or shoutd 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. Formatted: English (U.S.), Do not check spelling or gramr"r �i *PW v. 3£R1M1LYvgIcpmYrHR!A"r4@wlOI4TE R 1AH FN Spe i,o . s4ia 144 5 •. 9Fn""nlp mrmmHlr A1Va0m0[llUlf�fVlflfM_kIIN1 AviLREQLfNC BOCK WVP1nEV_SEgVY}erulpprllarillUinNdwll.y JNili AI AN FN SUB. Lower San 1-164 N�nnWlwrM���mm�lfa4NMe�nnlerP�Apr11l4NWgN�n.Qn[ 7 .. 1114t20 Developer shall furnish a Maintenance Security of at least 10% of the total cost of the landscape improvements as security for the maintenance costs. 19. Reoair or Replacemont of Ciiy-0wned By0ass Meter Assemblies Developer is required by City to install bypass meter assemblies in conjunction with the installation of water mains in the City of Lodi. City will supply these assemblies upon receipt of a deposit in the amount of $5,000 for each assembly required. The purpose of the deposit is to guarantee the return of the assembly in good condition and fulfillment of the other obligations shown in the City's Policies and Procedures entitled "Metering Water Usage of New Water Mains Requiring Temporary Bypasses." 20. Mud Debris. Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the Project site or elsewhere onto City or County streets or onto private property without express permission. Developer further agrees not to cause damage to City or County streets. Should any mud or debris be deposited in City or County streets or any damage is caused to City or County streets, Developer shall have the same removed or repaired forthwith, and if not removed or repaired upon notice within a specified time, City shall cause the same to be removed or repaired and Developer shall be charged for the cost of said removal or repairs. Developer, Developer's contractor, subcontractors, and/or agents shall be responsible for dust and erosion problems created during construction, including installation of telephone, electrical, cable television and gas facilities. Developer's responsibility for dust and erosion control shall extend to include a period of two years from the date of final acceptance by City of the work performed under this Agreement. If a dust or erosion problem arises during development or within a period of two (2) years from the date of final acceptance by City of the work performed under this Agreement, including but not limited to Installation of telephone, electrical, cable television, and/or gas facilities, and has not, after notice, been abated by Developer within a specified period of time, City shall cause the same to be controlled, and Developer shall be charged with the cast of said control. 21. Fire Prc a PQn During Construction Fire protection facilities approved by City's Fire Chief, including all-weather access road and an approved water supply capable of supplying the required fire flow, shall be installed and made serviceable in accordance with the City Fire Code (as set forth in the Lodi Municipal Code) prior to and during the time of building construction. The above may be modified when alternate methods of protection approved by the Fire Chief are provided. 22. Protection of Existing Im rovemen(s Damage to any existing improvements, private or public utility lines installed or undergoing installation in which damage occurs during the onsite and offsite construction required of Developer under this Agreement, shall be the absolute responsibility and liability of Developer. In other words, it shall be Developer's responsibility to pay for damage to existing Improvements and public or private utilities within the Project property - Damage to any existing facilities outside the limits of the Project damaged as part of the construction of the required Project Improvements is also Developer's responsibility. 23. Dwelling Occuoancx 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 FormattCd: English (U.S.), ❑o nar check Landscaping), and other requirements of City codes have been met. If building fs started !spelling ar gremrrar K "r� %1L.Y ;iE H Y)OrwHq" of lll5n pfglol 011161 TENIA K C, H. SiUa WAW 11!11.$ llenrelt!I+fiy+m wpwv -- 6W44n+9!lyVrnl�lgil4.-11117�i4eV10C- 1LN1ii.Sk%SWI�y�F!Yy&FaZW.lrwk+pnnnlfu�oalAnmmiONrilRiLAKFN 6051 1.*r sar 1164.5 - M&Anerl:rny"""6 Ap'wwn*6WmpA9n4;ux..L1. eon t3 1114120 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. N,gtige_gf Breach and.._Wq!, It If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if Developer should be adjudged bankrupt, or Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer or any of Developer's contractors, subcontractors, agents, or employees, should violate any of the provisions of this Agreement, the Public Works Director or City Council may serve written notice upon Developer and Developer's surety of breach of this Agreement, or any portion thereof, and the default of Developer. 26. Breach of Agreement: Performance, by Surety or City In the event of any such notice, Developer's surety shall have the duty to take over and complete the work and the improvements herein specified; provided however, that if the surety, within five (5) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of this Agreement, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damage occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 27. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. 28. Notices. All notices herein required shall be in writing, signed by the authorized representative of the sender and shall be deemed to have been givers 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 of certified mail, postage prepaid, addressed to the respective parties. Notices required to be given to City shall be addressed as follows: Charles E. Swimley, Jr. Public Works Director City of Lodi 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 + Formatted: English (U.S.), Do not check spelling or grammar 1r 11varpLV ,gF;HVA]�rNgpnnll+IrlftuslWnlHlgNTirlill�}<.F,h.SUl3 I,awr $uc tllf� S- danrwlrympro�r{�mpn� ApraomtlnlVmpealtlLlnlrl!ON5[►Fjtf�I.INf d4cK �wW9EV_BERV�DwaopmniH�IPwuNnnel4NiEitlAilCxN 8i1&LawerSas-11845-- aMn.elknlwvcmanlAa.MwMW,wlwnti:mMnaYun duo 9 1/14120 Notices required to be given to Developer shall be addressed as follows: Dennis G. Bennett Manager 1164 Lower Sac, LLC P.O. Box 1597 Lodi, CA 95241 Notices required to be given to Developer's Contractor shall be addressed as follows: Lisa Coussons Controller G and L Brock Construction Company, Inc. 4145 Calloway Court Stockton, CA 95215 Notices required to be given to Surety shall be addressed as follows. Provided that either party or the surety may change such address by notice in writing in the manner set forth above, to the other party and thereafter notices shall be addressed and transmitted to the new address. 29. Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. [The balance of this page is intentionally left blank.] Formatted: English (U,S,), Do not check spelling or grammar lSS1P�k'11f. HV'iM+IIG(MIVnIF' N%JOA anIN1l %AKENSU9,iDvk*Sac1.14' g. �IL�Crcrnnlml Pm�nlnartumrkllinls_mlv4abanREUIUNIE.4999;WP"-.a_BNANRNsu9taw sic*194s- aanneMUMav+amaMAW9a >anlwnwawnk-WoUkmAw 10 1/14120 30. Execution In Witness Whereof, Developer, Developer's Contractor, and City have caused their names and corporate seals to be hereunto affixed. "DEVELOPER" 1164 LOWER SAC, LLC, a California limited liability company Dated: By: DENNIS G. BENNETT Manager (CORPORATE SEAL) "DEVELOPER'S CONTRACTOR" G AND L BROCK CONSTRUCTION COMPANY, INC., a California corporation Dated: LISA COUSSONS Controller (CORPORATE SEAL) CITY OF LODI, a California municipal corporation Dated: By: STEPHEN SCHWABAUER City Manager ATTEST: PAMELA M. FARRIS Assistant City Clerk (CORPORATE SEAL) APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney Formatted: English (U.S.), Do not check Snelling or grammar KIY901MV.$CgvWvgialrngnJwRapLki A jv,)NItMAO&N.URS _LSVIMSan IIRWS 61XYWMW!pIVYNI1fYS Aolwmoni`Nhp1A1nIJ1,lonA1ILRMtINF.410-9116P-]eV..9FNVY1rrNopnauriROGs1«tYxUµi6gLAK fiN-96U I,0w1S, 110aS WmWlLmpovnnaM Ap+w.nunnknpAgmi IMwLw4n&z 11 1114120 RESOLUTION NO. 2020-07 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING FINAL MAP AND AUTHORIZING THE CITY MANAGER TO EXECUTE IMPROVEMENT AGREEMENT FOR INTERLAKEN SUBDIVISION, TRACT NO. 4024 WHEREAS, the Interlaken Subdivision is a residential development located east of Lower Sacramento Road and north of Kettleman Lane; and WHEREAS, the subdivision consists of 25 single-family residential lots, and the project includes the installation of all interior subdivision public improvements and landscaping improvements fronting Lower Sacramento Road; and WHEREAS, the developer, known as 1164 Lower Sac, LLC (Developer), has furnished the City with improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed subdivision; and WHEREAS, this project is part of the Community Facilities District No. 2007-1 (Public Services); and WHEREAS, staff recommends approving the final map; and WHEREAS, staff also recommends authorizing the City Manager to execute Improvement Agreement for Interlaken Subdivision, Tract No. 4024. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the final map for the Interlaken Subdivision, Tract No. 4024; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Agreement for Interlaken Subdivision, Tract No. 4024; 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 I hereby certify that Resolution No. 2020-07 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 r PAMELA M. FARRIS Assistant City Clerk 2020-07