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HomeMy WebLinkAboutAgenda Report - January 15, 2020 C-12AGENDA ITEM eva 12 rt % CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Iris Drive Subdivision, Tract No. 4023 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 Iris Drive Subdivision, Tract No. 4023. BACKGROUND INFORMATION: The Iris Drive Subdivision is an in -fill residential development located west of Ham Lane and south of Tokay Street, as shown on Exhibit A. The subdivision consists of nine single-family, residential lots and includes the installation of all interior subdivision public improvements. The Developer, 1458 Iris, 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 Iris Drive Subdivision, Tract No. 4023. 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 1458 Iris, LLC Baumbach & Piazza, Inc. APPROVED: Manager K:\WP\DEV_SERV\Developments\Residential\Iris 1458\Improvement Agreement\CC_Iris doc 1/6/2020 Cheney Ct. 0 0 E m Tokay St. Keagle Wy. Iris Dr. i Exhibit A Iris Drive Subdivision _ Vicinity Map Tokay St. Sylvia Dr. Vista Dr.EIL 1 K:\WP\DEV_SERV\Developments\Residential\Iris 1458\Improvement Agreement\lnfo_Void\CCExhibitA.mxd W N S 0 105 210 Feet E 420 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of the IRIS DRIVE SUBDIVISION, TRACT NO. 4023 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", 1458 IRIS, 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.: 033-04-017) 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 "IRIS DRIVE 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 Iris Drive 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 019D013, which are on file in the Public Works Department. K:\WP\DEV_SERV\Developments\Residential\Iris 1458\Improvement Agreement\lmpAgmt_Iris doe 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 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. Abandonment of existing sewer service, developer's contractor is responsible for trenching and backfill; E. Abandonment of existing 1" water service, developer's contractor is responsible for trenching and backfill; and F. 8" x 8" 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 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 an January 1s' of each year. Fees may also be adjusted at other times by separate City Council action. The K:\WP\DEV_SERV\Developments\Residential\Iris 1458\Improvement Agreement\ImpAgmt_lris doc 2 1/9/20 actual fees to be paid will be those in effect at the time of payment. This Agreement shall in no way limit City's ability to charge Developer the fees in effect at the time Developer pays the fees. 5. Reimbursement from Others Developer may be eligible for reimbursement from others for the cost of certain off-site public improvements that benefit other properties. It is Developer's responsibility to request reimbursement and submit the appropriate information per LMC Section 17.62. 6. Work; Time for Commencement and Performance Developer shall, within 365 calendar days from the date of this Agreement, perform or cause to be performed, all work and/or improvements described in this Agreement. At 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 *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\Iris 1458\ImprovementAgreement\ImpAgmt_Iris.doc 3 1/9/20 The City has determined these security amounts to be as follows: Faithful Performance: $ 380,400.00 Labor and Materials: $ 380,400.00 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\Iris 1458\Improvement Agreement\lmpAgmt_Iris.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\Iris 1458\Improvement Agreement\ImpAgmt_Iris 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 ❑ erations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. G. Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Developer'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\Iris 1458Nmprovement Agreement\ImpAgmt_Iris.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 (1st) 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 Insurers) 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. Storm Water Mitigation Device Maintenance Developer shall perform regular maintenance on the storm water mitigation devices, including the Contech Filterra units and associated plants, 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:IWPOEV SERMevelopmentMResidentiaMris 1458NmprovementAgreementVmpAgmLi is.doc 7 1/9/20 19. Repair or Replacement of City -Owned Bypass Meter Assemblies Developer is required by City to install bypass meter assemblies in conjunction with the installation of water mains in the City of Lodi. City will supply these assemblies upon receipt of a deposit in the amount of $5,000 for each assembly required. The purpose of the deposit is to guarantee the return of the assembly in good condition and fulfillment of the other obligations shown in the City's Policies and Procedures entitled "Metering Water Usage of New Water Mains Requiring Temporary Bypasses." 20. Mud, Debris, Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the Project site or elsewhere onto City or County streets or onto private property without express permission. Developer further agrees not to cause damage to City or County streets. Should any mud or debris be deposited in City or County streets or any damage is caused to City or County streets, Developer shall have the same removed or repaired forthwith, and if not removed or repaired upon notice within a specified time, City shall cause the same to be removed or repaired and Developer shall be charged for the cost of said removal or repairs. Developer, Developer's contractor, subcontractors, and/or agents shall be responsible for dust and erosion problems created during construction, including installation of telephone, electrical, cable television and gas facilities. Developer's responsibility for dust and erosion control shall extend to include a period of two years from the date of final acceptance by City of the work performed under this Agreement. If a dust or erosion problem arises during development or within a period of two (2) years from the date of final acceptance by City of the work performed under this Agreement, including but not limited to installation of telephone, electrical, cable television, and/or gas facilities, and has not, after notice, been abated by Developer within a specified period of time, City shall cause the same to be controlled, and Developer shall be charged with the cost of said control. 21. Fire Protection During Construction Fire protection facilities approved by City's Fire Chief, including all-weather access road and an approved water supply capable of supplying the required fire flow, shall be installed and made serviceable in accordance with the City Fire Code (as set forth in the Lodi Municipal Code) prior to and during the time of building construction. The above may be modified when alternate methods of protection approved by the Fire Chief are provided. 22. Protection of Existing Improvements Damage to any existing improvements, private or public utility lines installed or undergoing installation in which damage occurs during the onsite and offsite construction required of Developer under this Agreement, shall be the absolute responsibility and liability of Developer. In other words, it shall be Developer's responsibility to pay for damage to existing improvements and public or private utilities within the Project property. Damage to any existing facilities outside the limits of the Project damaged as part of the construction of the required Project improvements is also Developer's responsibility. 23. Dwelling Occupancy City will not allow occupancy of any building or structure within the Project until all deferred fees have been paid, public improvements have been approved and accepted by the Public Works Department per established City policy (including the CalTrans Landscaping), and other requirements of City codes have been met. If building is started prior to acceptance of the improvements, it is Developer's responsibility to inform all prospective purchasers that occupancy will not be permitted until said deferred fees are paid and public improvements are so accepted by City. K:\WP\DEV_SERV\Developments\Residential\Iris 1458\Improvement Agreement\ImpAgmt_lris doc 8 1/9/20 24. Developer Not Agent of City Neither Developer nor any of Developer's agents, contractors, or subcontractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement. 25. Notice of Breach and Default If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if Developer should be adjudged bankrupt, or Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer or any of Developer's contractors, subcontractors, agents, or employees, should violate any of the provisions of this Agreement, the Public Works Director or City Council may serve written notice upon Developer and Developer's surety of breach of this Agreement, or any portion thereof, and the default of Developer. 26. Breach of Agreement; Performance by Surety or City In the event of any such notice, Developer's surety shall have the duty to take over and complete the work and the improvements herein specified; provided however, that if the surety, within five (5) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of this Agreement, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damage occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 27. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. 28. Notices. All notices herein required shall be in writing, signed by the authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties. Notices required to be given to City shall be addressed as follows: Charles E. Swimley, Jr. Public Works Director City of Lodi 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 Notices required to be given to Developer shall be addressed as follows Dennis G. Bennett Manager 1458 Iris, LLC P.O. Box 1597 Lodi, CA 95241 K:\WP\DEV_SERV\Developments\Residential\Iris 1458\Improvement Agreement\lmpAgmt_Iris.doc 9 1/9/20 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.] K:\WP\DEV_SERV\Developments\Residential\Iris 1458\ImprovementAgreement\ImpAgmt_Iris.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" 1458 IRIS, LLC, a California limited liability company Dat d: y: DN N Manager (CORPORATE SEAL) "DEVELOPER'S CONTRACTOR" G AND L BROCK CONSTRUCTION COMPANY, INC., a California corporation Dated. 01 ' b� ZD 20 By:� QA&1—Qkwm4 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 (e' City Attorney K:\WPIDEV_SERV\Developments\ResidenUalllds145B\ImprovementAgreementImpAgmt Iris.doc 11 12124119 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 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 names s) is�sre subscribed to the within instrument and acknowledged to me that he/she" executed the same In kWherkkPNr authorized capao*ies), and thabby hi r/their sigwture(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. Signature �• Zoo KAREN AMIN CV a COMM. #2266462 F > NOTARY PUBLIC - CALIFORNIA r..; SAN JOAQUIN COUNTY aKrl:=ftuwu DEC S, 2022 (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 mufiand and official seal. Signaturet T4na PUler, Notary Public Notary Acknowledgment - General SSCORPD1863.doc / Updated: 09.23.19 a TANA FOWLER Public California Notary b San Joaquin County Commission P 2237499 My Comm. Expires May 6,022 ti 2019-006054 Page 3 of 3 : 01 /17/2019 11:22:45 AM EXHIBIT "A" Legal Description For APN/Parcel ID(s): 033-040-17 - 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: PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH WEST QUARTER OF SAID SECTION 11; RUN THENCE WEST ALONG THE QUARTER SECTION LINE, 1320.6 FEET; THENCE NORTH 819.26 FEET TO A SET MONUMENT; THENCE SOUTH 89° 07' EAST AND PARALLEL WITH THE SOUTHLINE OF SAID NORTHWEST QUARTER 425.48 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN TWO -ACRE PARCEL OF LAND CONVEYED TO R. D. DECKER ET UX DATED MAY 2, 1949, AND FILED FOR RECORD MAY 23, 1949, INSTRUMENT NO. 13326, AND BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE CONTINUING SOUTH 89° 07' EAST 212.73 FEET TO THE NORTHWEST CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO LESLIE TRICK ET UX DATED FEBRUARY 23, 1949, AND RECORDED IN VOL. 1198, PAGE 164 OF OFFICIAL RECORDS OF SAN JOAQUIN COUNTY; THENCE SOUTH 0° 6' 30" WEST ALONG THE WEST LINE OF SAID TRICK LAND, 409.56 FEET TO A SET MONUMENT AT THE SOUTHWEST CORNER THEREOF; THENCE NORTH 89° OT WEST 212.73 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO DECKER; THENCE NORTH 0° 06'30" WEST ALONG THE EAST BOUNDARY OF SAID DECKER LAND 409.56 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE RIGHT OF WAY 20 FEET WIDE FOR ROADWAY PURPOSES OVER AND ALONG THAT CERTAIN PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH WEST QUARTER OF SAID SECTION 11, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN; RUN THENCE NORTH 0° 10' EAST 819.26 FEET TO A SET MONUMENT AND THE TRUE POINT OF BEGINNING; THENCE NORTH 896 07' WEST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, 682.32 FEET TO THE NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE SOUTH 0° 06' 30" WEST ALONG THE EAST LINE OF THE ABOVE-DESCRIBED TRACT OF LAND 20 FEET TO A SET MONUMENT; THENCE SOUTH 890 OT EAST 682.32 FEET TO A POINT IN THE QUARTER SECTION LINE; THENCE NORTH 0' 06'30" EAST 20 FEET TO THE POINT OF BEGINNING. Grant Deed Printed: 01.14.19 (106:29 PM SCA0000129.doolUpdated: 1120.17 CA-CT-FSST-02180.054531•FSST53116 OM Non -Order Search Page 3 of 3 Requested By: jrballesteros, Printed: 11/18/2019 1:38 PM Doc: CASAN]:2019 00006054 !a Tokay St. o Keagle Wy. Chene Ct. Iris Drive Subdivision °r ngi��vR�Q Vista Dr. Vine St. Lodi Middle School EXHIBIT B IRIS DRIVE SUBDIVISION VICINITY MAP N ry E Tokay St, Sylvia Dr. E m 2 Feet 0 190 380 Development: Iris Drive Subdivision Developer: 1458 Iris, LLC Engineer: Baumbach & Piazza, Inc. Date: 12/12/19 ENGINEERING PW03 Plan Check Fee (5.0% of $100,000) (3.5% of $200,000) (2.5% of $80,400) Inspection Fee (4.0°% of $250,000) (3.5% of $130,400) Plan Check Fee Paid DEVELOPER Improvement Agreement ENGINEERING SUBTOTAL CREDITS STREET SYSTEM $ 51000.00 Fees: ENGFEE Storm Water Inspection Fees PW03 (Charge for 1 year inspection) Charges for work by City Forces: BILLING SCHEDULE PW03 EXHIBIT C PW03 Gross Acreage: 2.00 SEWER SYSTEM SUBTOTAL No. of Units: 9 Construction cost $380,400.00 Charges for work by City Forces: DEVELOPER 8" x 8" Hot Tap COST CREDITS ENGFEE $ 51000.00 STORM DRAIN SYSTEM ENGFEE 7,000.00 ENGFEE 2,010.00 TV Inspection for Pipe Installation ENGINS 10,000.00 PW03 ENGINS 4,564.00 ENGFEE $ 12,353.00 ENGFEE $2,265.00 $ $ 30,839.00 $ 12,353.00 1 LS @ $ 2,096.00 $2,096.00 Seal Coat NC07 16,170 SF @ $ STREET SYSTEM SUBTOTAL SEWER SYSTEM Fees: Charges for Work by City Forces: Abandonment of Existing Service PW03 TV Inspection for Pipe Installation PW03 TV Inspection for Project Acceptance PW03 SEWER SYSTEM SUBTOTAL WATER SYSTEM Fees: Charges for work by City Forces: PW02 8" x 8" Hot Tap Abandonment of Existing 1" Service WATER SYSTEM SUBTOTAL STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation PW03 TV Inspection for Project Acceptance PW03 STORM DRAIN SYSTEM SUBTOTAL ELECTRICAL SYSTEM To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE 0.08 $1,293.60 $3,389.60 1 EA®$ 1,827.00 1,827.00 284 LF C $ 1.50 426.00 284 LF @ $ 1.50 426.00 $2,679.00 1 EA Q $ 5,575.00 5,575.00 1 EA (8 $ 2,147.00 2,147.00 $7,722.00 190 LF ® $ 1.50 190 LF @ $ 1.50 285.00 285.00 $570.00 $0.00 $0.00 $0.00 $0.00 $45,199.60 $12,353.00 DEVELOPER COST CREDITS ADDITIONAL FEES 200 -Year Flood Plan Certification Fee 27080000.55020 9 LOTS Q $ 188 $1,692.00 TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $34,538.60 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 85240 IMPROVEMENT AGREEMENT forthe PUBLIC IMPROVEMENTS of the IRIS DRIVE SUBDIVISION, TRACT NO. 4023 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", 1458 IRIS, 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.: 033-04-017) 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", ent;tled "IRIS DRIVE SUBDIVISION". The Map was filed with the Public Works Director for presenlatton 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 Iris Drive 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 Eaithfut Pnrformaric4 Hands nrid tabor and Materials Rendu rolarred to rn Paragraph 12 boJow and to seoure 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 019D013, which are on file in the Public Works Department. 1 K+Wsrt7EV_SEfr Y'L'C•VEcYIn9rK1�H4Ll;la+iPYP.lrtl 4gy!{4�1r+'u�rrn�vrt 4G+psMnrrt l: l;r+may"+t nlr, I[FlA,r7{!: gos><'•w�'6EV fiFHV+►�q.pprr4VepaWawJlins 1•lliy+l+nµrovwi+unlAp+w+nw++NmyAperr.lpadce 1 1/14/20 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. Devetopment Changes Developer shall also perform all work and furnish all materials necessary to comply with any changes required by the Public Works Director, which, in his opinion, are necessary or required to complete the work in conformance with City Standards or are the result of changed conditions. 3. Performance of Work by City Prior to the approval of the final map by the City, it is agreed that the Developer shall deposit with the City the amount of money shown as the "Developer Cost" on the Billing Schedule, attached hereto as Exhibit C, and by this reference made a part hereof as though fully set forth. From payments made under the Billing Schedule, Developer elects to have the City perform or install or cause the installation of the following items: A. Street seal coat; B. Televideo inspection of the public sewer and storm drain lines. The fee shown on the Billing Schedule is based on the linear footage of sewer and storm drain pipe, including laterals, shown on the Improvement plans. The fee will be adjusted, if necessary, when the televideo inspection is complete. Any additional fee must be paid prior to Project acceptance; C. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering twelve months period. The fee will be adjusted, if necessary, when the improvements are complete and ready for acceptance by the City. Any additional fee must be paid prior to Project acceptance; D. Abandonment of existing sewer service, developer's contractor is responsible for trenching and backfill; E. Abandonment of existing 1" water service, developer's contractor is responsible for trenching and backfill; and F. 8" x 8" 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 Imaact Milioation Fees Development Impact Mitigation Fees for water, wastewater, street improvements, storm drain, police, fire, parks and recreation, general City faci€'ties, art in public places are required for this Project. Payment of the Development Impact Mitigation Fees shall be cotlected 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 j![•5YV{'�kY_SEftVIi)n.a'o1•��crl�•Aeaitla�4�ww�� fa58unturP��me��sAm+aaiMnPlm�Ni7mt m. I tiF,RlNs.arKwva�ucv_z�aa,�wwwr,mw+rv�e.awresa,raumr��•�+•�er..m«xumMNn�� w.ao� 2 1/14120 actual fees to be paid will be those in effect at the time of payment. This Agreement shall in no way limit City's ability to charge Developer the fees in effect at the time Developer pays the fees. 5. Reimbursement rrorn 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 C,@rtifications Prior to acceptance of the Project improvements, Developer shall have installed and put in place, all survey monuments as shown an 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. S!!P—erinLendence by I}eveigper 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 Contrast(,. 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 feast 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. r K i��V..��,fjy�9Y91PE�!19MFy�C9'l�E1Wi111!tF 1�"�1111FgYBf119I?I�1�dF[IH(tlllfrr➢YIBF!!I_I11F it R�t�4dNF tl9!rA� W�'Pr4lBy-�{�RU�rJaroWOmwWlYtaai0wiYlYtMc �iGf«Lnp womaN,y,yuwnrNWpp4pml_.Yl�dua 3 1114120 The City has determined these security amounts to be as follows: Faithful Performance: $ 380,400.00 Labor and Materials: $ 380,400.00 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. H old -H 2 rmless Ag ree n gnt 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. f}evelJ:er's_In: uraiice 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 Comoansalion lnsurarlc 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 KWWMEV14N*Pwi"mQNAw"Rie(OmWUmLlr+s Mt u.,,1 11 c,H;, 4 1/14120 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 subconlractor, and the amount of such insurance shall be as follows: 1. COMPRE...HENa&E 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 Prolecl 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 at 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, rc+wrwav_sEH 0Ik*40BRIVP4 R0114"Snnti tanxinrnorolivpAamtImr a[i]t,INF AOrJt 1WNk3EY_6GRV�Aww+oom►nlctR P�tlnn4WW�a 44hgUmprovllmNx A910tlrnMt�LM1pA¢etl L,q 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 (€) the minimum coverage and limits specified in these insurance requlrements; or (it) 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. 60gm[iopal Ngmed 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 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 Interest Ciause 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 Cover 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 Ooerations 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. Qqn1inuily of Ooverage 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 j k+.Y1P1Li�Y_SEft��wppmrnuYtnrwKtriyna �a59timkrawnwnrAixMmt'nry+na�fBnF_w�s R)1tIkE,tiQCK.eWP+DG4 88A44[iwWOW�t�n1�W�itlanYL4h�-/M9�ImptovemaM AprsAm9ry1Wnp0.ynµ_IR�doa 6 1/14/20 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 (V) 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. Quo IN Insurar[s1 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. Storm Water Mitigatton_Device Maintenance Developer shall perform regular maintenance on the storm water mitigation devices, including the Contech Filterra units and associated plants, 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' Y�r�wcY_S+~iiY9)axskomiwre�SsNq�Nap!!!os-S+SBf�mavronim Auwemaru!oiRA + . tna R#rR61HE tpC1S WJF11bTV $raA111p►ve�{1pn5*�W W►wlpnb�pkly-IQ♦�urnpluuu nirH AWW 1O4nWm W yml -kH 7 1/14/20 19. Repair or Replacement 9f City -Owned Bypass Motor 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. DebrinDust and Efasion 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 some to be removed or repaired and Developer shall be charged for the cost of said removal or repairs. Developer, Developers contractor, subcontractors, andlor 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 put not limited to installation of telephone, electrical, cable television, andlor 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 Construcion 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 or 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 tmprovements is also Developer's responsibility. 23. Dwelling OcQupancv 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 prior to acceptance of the improvements, it is Developers 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. K'N7''AEY.$ERW7RVfHoptnartlilR9iWlftbgFyna 1{r�ygyrpr�rPyplRpH[nM1S7[81Mgnit_'rK Rf:t}4til: 4gcK:lwrsl[a&Y,;136KNLMYWspmr+l9Ww�iarW�w�+r 14i�+mprwarawA Apra�m�nl4mMq�rS+ idlrc. a 1/14120 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 oy Surely or Cit In the event of any such notice, Developer's surety shall have the duty to take over and complete the work and the improvements herein specified; provided however, that if the surety, within five (5) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of this Agreement, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damage occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 27. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. 28. Notices. All notices herein required shall be in writing, signed by the authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties. Notices required to be given to City shall be addressed as follows: Charles E. Swimley, Jr. Public Works Director City of Lodi 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 Notices required to be given to Developer shall be addressed as follows: Dennis G. Bennett Manager 1458 Iris, LLC P.O. Box 1597 Lodi, CA 95241 K%yP OEV—Smrai Pto0pwowligou'+RryAwrL4w kf.M11NEl1"W OEY SFkVVJAvWPnlr taY711�04h4g' rF ► t{(gr41y„pyr+nWq AWWHIM L1ktnrINpn1 41a We 9 1114120 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.] K ti4Y�fJF.V.SERYYJf�p�fsWnRnlo�Rw�AnwNWV»e WW rn M gvNmgrq Aiw-yomenppl PAGm[JIU ATIAMF U19CX4WPrhOGV a6MVQW6kWn$*r0 1Qfi. kik**IA I4%4NN nWw 14 nuronmo 1V nMum1 u . ., 10 1/14/20 30. Execution In Witness Whereof, Developer, Developer's Contractor, and City have caused their names and corporate seals to be hereunto affixed. "DEVELOPER" 1458 IRIS, 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 By: 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 V,,4Yr'ABY_SL•RY0gyMrjWprnt}Homwnawlank 14&Mnlofovninwjsnpiaomnrlr'rrnpVnLitM 4 14611mprrnnmrdlyyraw� Kn VaAgnil.rn•x.. 11 1114120 RESOLUTION NO. 2020-08 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING FINAL MAP AND AUTHORIZING THE CITY MANAGER TO EXECUTE IMPROVEMENT AGREEMENT FOR IRIS DRIVE SUBDIVISION, TRACT NO. 4023 WHEREAS, the Iris Drive Subdivision is an in -fill residential development located west of Ham Lane and south of Tokay Street; and WHEREAS, the subdivision consists of nine single-family, residential lots and includes the installation of all interior subdivision public improvements; and WHEREAS, the developer, 1458 Iris, 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; and WHEREAS, this project is part of the Community Facilities District No. 2007-1 (Public Services) (CFD); and WHEREAS, staff recommends approving the final map; and WHEREAS, staff also recommends authorizing the City Manager to execute an Improvement Agreement for Iris Drive Subdivision, Tract No. 4023. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Iris Drive Subdivision, Tract No. 4023 final map; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Agreement for Iris Drive Subdivision, Tract No. 4023; 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. 2020-08 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 Y/! PAMELA M. FARRIS Assistant City Clerk 2020-08