HomeMy WebLinkAboutAgenda Report - May 19, 2021 C-13AGENDA ITEM " JV3
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COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
Improvement Agreement for Rose Gate II, Unit No. 2, Tract No. 4054
MEETING DATE: May 19, 2021
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution approving final map and authorizing City Manager
to execute Improvement Agreement for Rose Gate II, Unit No. 2,
Tract No. 4054.
BACKGROUND INFORMATION: Rose Gate II, Unit No. 2, is the second phase of a multi -phase
residential development located west of Lower Sacramento Road
and south of Lodi Avenue, as shown on Exhibit A. Unit No. 2
consists of 107 single-family, residential lots and the project includes the installation of portions of
Westgate Drive, all interior subdivision public improvements and a 3.44 acre neighborhood park.
The developer, Rose Gate 2 Lodi, 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 Rose Gate II, Unit No. 2, Tract No. 4054.
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.
(12-
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Charles E_ Swimley, Jr.
Public Works Director
Prepared by Lyman Chang, City Engineer/Deputy Public Works Director
CES/LCltc
Attachments
cc: City Attorney, Magdich
Public Works Management Analyst
Assistant Engineer, Kiriu
Senior Engineering Technician, Wiman
Rose Gate 2 - Lodi, LLC
MCR Engineering.
APPROVED:
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• EXHIBIT A
r. ROSE GATE II, UNIT 2 0.06
`�;kb' PROJECT LOCATION Miles
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
forthe
PUBLIC IMPROVEMENTS
of
ROSE GATE II UNIT NO. 2 SUBDIVISION
TRACT NO. 4054
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City", ROSE GATE 2 - LODI, LLC, a California limited liability company, hereinafter
referred to as "Developer", and DSS COMPANY, a California corporation, dba KNIFE RIVER
CONSTRUCTION, hereinafter referred to as "Developer's Contractor
RECITALS
Developer is the developer of that certain real properties situated in the City of Lodi, County of
San Joaquin, commonly known as Parcels A.P.N.s: 027-400-150, 027-400-210, and 027-400-240,
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 "ROSE GATE II, Unit
2". The Map was filed with the Public Works Director for presentation to the City Council for
approval, and is hereby referred to and incorporated herein;
Developer has requested approval of the Map prior to the construction and completion of public
improvements, including all streets, highways or public ways, public park, and public utilities and
facilities which are a part of, or appurtenant to, the Rose Gate Il, Unit 2 Subdivision, hereinafter
called "Project", all in accordance with, and as required by, the plans and specifications for all or
any of said improvements in, appurtenant to, or outside the limits of Project, which plans and
specifications are now on file in the office of and endorsed with the approval of the Public Works
Director or his designee.
City Council will adopt a resolution to approve the Map and accept the dedications therein offered
on the condition that Developer will first enter into and execute this Agreement with City and meet
the requirements of said resolution; and
Developer's Contractor is made a party to this Agreement solely to secure a portion of the
Insurance referred to in Paragraph 16 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:
Performance of Work by Devel❑ er
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
D198, which is on file in the Public Works Department.
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The Developer shall also perform or cause to be performed the following items_ which are
not shown on the improvement plans:
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. Deveiopment 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.
Performance of Work.t ILCity
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; and
C. Storm Water Permit Compliance Inspections. The fee shown on the Billing
Schedule is based on one (1) inspection per month for construction activities
covering twelve months period. The fee will be adjusted, if necessary, when the
improvements are complete and ready for acceptance by the City. Any additional
fee must be paid prior to Project acceptance.
Developer shall also pay all additional costs for work performed by City forces 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, and 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 1 s' 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.
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 Developers responsibility to
request reimbursement and submit the appropriate information per LMC Section 17.62.
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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 under this agreement. At
least 15 calendar days prior to the commencement of work hereunder; Developer shall
notify the Public Works Director of the date fixed by Developer for commencement
thereof so that City can provide inspection services.
7. Time Extension
Time is of the essence of this Agreement. City may extend the time for completion of the
improvements hereunder, under the terms of an addendum to this Agreement, which
shall be approved and executed by the City Manager. Any such extension may be
granted without notice to Developer's surety, and extensions so granted, shall not relieve
the surety's liability on the bond to secure the faithful performance of Developer under this
Agreement. The City Manager shall 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 in
place all survey monuments as shown on the Map and provided record drawings and
certifications as described in the City of Lodi Public Improvement Design Standards.
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. Ins ection by Cit
Developer, shall at all times, maintain proper facilities and provide safe access for
inspection by City to all parts of the work site. Inspections will be provided during normal
working hours of City staff. Developer will be billed for inspections on work performed on
weekends, holidays and overtime. Developer shall also pay all additional costs incurred
by City for soils and materials testing and/or inspection services, including storm water
compliance inspections, required as a part of City inspection activities.
12. Contract Security
Concurrently with the execution of this Agreement, Developer shall furnish Improvement
Security of at least 100 percent of the estimated cost of the public improvements required
to be constructed, plus engineering costs of surveying, record drawings and certifications
as security for the faithful performance of this Agreement; and an amount equal to at
least 100 percent of the above costs as security for the payment of all persons performing
labor and furnishing materials in connection with this agreement as more fully described
in the State Subdivision Map Act.
The City has determined these security amounts to be as follows:
Faithful Performance: $ 4,486,200.00
Labor and Materials: $ 4,486,200.00
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 18 of this Agreement and for the landscape maintenance work security as
specified under Paragraph 19 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
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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. Public Park Maintenance
Developer shall execute a separate landscape maintenance agreement at time of Project
acceptance to cover the maintenance of the public park system as shown on the Plan Set
D198. Developer shall agree to provide maintenance and upkeep of the irrigation system,
landscape, and hardscape elements including weekly trash removal from the trash cans
in the park system for 2 years following the date of acceptance of the improvements by
the City or until the last new home building permit is issued in the second phase (Unit 2)
of the Rose Gate II development, whichever period is longer. Developer shall furnish a
Maintenance Security of at least 10% of the total cost of the public improvements of park
system as security for the maintenance cost.
15. 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 17 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.
16. Developer's Insurance
Developer shall not commence work under this Agreement until Developer shall have
obtained all insurance required under this paragraph, nor shall Developer allow any
contractor or subcontractor to commence work on Developer's contract or subcontract
until all similar insurance required of the contractor or subcontractor shall have been so
obtained. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Worker's Com ensabon Insurance
Developer shall maintain, during the life of this agreement, Worker's Compensation
Insurance for all Developer's employees employed at the site of improvement, and in
case any work is sublet, Developer 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. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
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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 hereby indemnifies City for any damage
resulting to it from failure of either Developer or any contractor or subcontractor to
take out or maintain such Worker's Compensation insurance.
B. Comprehensive General and Automobile Insurance
Developer 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 and any contractor or subcontractor
performing work covered by this Agreement from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise
from the Project or the Project property, including any public streets or easements,
from Developer's or any contractors' or subcontractors' operations hereunder,
whether such operations be by Developer or any contractor or subcontractor or by
anyone directly or indirectly employed by either Developer or any contractor or
subcontractor, and the amount of such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$5,000,000 Each Occurrence
$10,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$5,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned,
hired and non -hired vehicles) operated in performing any and all services
pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12
90, or a later version, that provides liability coverage at least as broad as this
form.
Developer 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).
NOTE: Developer agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which
is at least consistent with the claims period or statutes of limitations found in the
California Tort Claims Act (California Government Code Section 810 et seq.). "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,
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,
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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; 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 (11185) or a later
version, that provides liability coverage at least as broad as this form) Such
insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed boards, commissions, officers, agents and employees as
additional named insured insofar as work performed by the insured under written
contract with the City of Lodi. This endorsement shall be on the form furnished by
City and shall be included with Developer's policies. An additional named insured
endorsement is also required for Auto Liability.
B. Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Developer'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. Sev rability 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
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 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 Coverage
All policies shall be in effect on or before the first day of the Term of this
Agreement. At least thirty (30) days prior to the expiration of each insurance
policy, Developer shall furnish a certificate(s) showing that a new or extended
policy has been obtained which meets the minimum requirements of this
Agreement. Developer shall provide proof of continuing insurance on at least an
annual basis during the Term. If Developer's insurance lapses or is discontinued
for any reason, Developer shall immediately notify the City and immediately
obtain replacement insurance.
H. Failure to Comply
If Developer fails or refuses to obtain and maintain the required insurance, or fails
to provide proof of coverage, the City may obtain the insurance. Developer shall
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reimburse the City for premiums paid, with interest on the premium paid by the
City at the maximum allowable legal rate then in effect in California. The City
shall notify Developer of such payment of premiums within thirty (30) days of
payment stating the amount paid, the name(s) of the insurer(s), and rate of
interest. Developer shall pay such reimbursement and interest on the first (1St)
day of the month following the City's notice. Notwithstanding any other provision
of this Agreement, if Developer fails or refuses to obtain or maintain insurance as
required by this Agreement, or fails to provide proof of insurance, the City may
terminate this Agreement upon such breach. Upon such termination, Developer
shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or
facilities.
I. Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by
insurers licensed to do business in the State of California which are rated at least
"A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City.
Non -admitted surplus lines carriers may be accepted provided they are included
on the most recent list of California eligible surplus lines insurers (LESLI list) and
otherwise meet City requirements.
17. Title to Improvements
Title to, and ownership of, all public improvements constructed hereunder by Developer
shall vest absolutely in City upon completion and acceptance of such public
improvements by City.
18. Repair or Reconstruction of Defective Work
If, within a period of two (2) years after final acceptance by City of the work performed
under this Agreement, any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Developer, or any of the work
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.
19. Landscape Maintenance
Developer shall perform regular maintenance on the landscape elements, including plants
and irrigation system, installed with the Project for a period of two (2) years after the final
acceptance by City excluding the public park system which is covered under a separate
landscape maintenance agreement. 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.
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20. Repair or Replacement of City -Owned Bypass Meter Assemblies
Developer is required by City to install bypass meter assemblies in conjunction with the
installation of water mains in the City of Lodi. City will supply these assemblies upon
receipt of a deposit in the amount of $5,000.00 for each assembly required. The purpose
of the deposit is to guarantee the return of the assembly in good condition and fulfillment
of the other obligations shown in the City's Policies and Procedures entitled "Metering
Water Usage of New Water Mains Requiring Temporary Bypasses."
21. Mud, Debris, 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.
22. Fire Protection Durinq Construction
Fire protection facilities approved by City's Fire Chief, including all-weather access road
and an approved water supply capable of supplying the required fire flow, shall be
installed and made serviceable in accordance with the City Fire Code (as set forth in the
Lodi Municipal Code) prior to and during the time of building construction. The above
may be modified when alternate methods of protection approved by the Fire Chief are
provided.
23. 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.
24. 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 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.
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25. Developer Not, Agent of Cid
Neither Developer nor any of Developer's agents, contractors, or subcontractors are or
shall be considered to be agents of City in connection with the performance of
Developer's obligations under this Agreement.
26. Notice of Breach and Default
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.
27. 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.
28. This Agreement shall run with the land and be binding on the Owner, its heirs, successors
and assigns.
29. Notices
All notices herein required shall be in writing, signed by the authorized representative of
the sender and shall be deemed to have been given when the same is personally served
or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from
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:
Tom Doucette, President
Rose Gate 2 - Lodi, LLC
10100 Trinity Parkway, Suite 420
Stockton, CA 95219
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Notices required to be given to Developer's Contractor shall be addressed as follows:
DSS Company dba Knife River Construction
655 West Clay Street
Stockton, CA 95206-1722
Notices required to be given to surety shall be addressed as follows:
Provided that either party or the surety may change such address by notice in writing in
the manner set forth above, to the other party and thereafter notices shall be addressed
and transmitted to the new address.
30. Authority
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
(The balance of this page is intentionally left blank.]
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31. Execution
In Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto affixed.
ROSE GATE 2 - LODI, LLC,
a California limited liability company
Dated:
By:
TOM DOUCETTE
President
(CORPORATE SEAL)
DSS COMPANY,
a California corporation,
dba KNIFE RIVER CONSTRUCTION
Dated
By:
Name:
Title:
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated
Bv:
STEPHEN SCHWABAUER
City Manager
ATTEST:
JENNIFER CUSMIR
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM
JANICE D. MAGDICH
City Attorney jdm
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EXHIBT A
APN 027-400-15
The land referred to is situated in the County of San Joaquin, City of, State of California, and is described
as follows:
The East 619 feet of the West 1692 feet of the Northwest Quarter of Section 10, Township 3 North,
Range 6 East, Mount Diablo Base and Meridian.
EXCEPTING THEREFROM all that portion thereof as described in the Deed to Lodi Unified School District,
a political subdivision of the State of California, recorded November 21, 2008 as Instrument No. 2008-
182531, San Joaquin County Records.
APN 027-400-210
PARCEL ONE:
Parcel 2, as shown and designated on the Map filed for record June 14, 2019 in Book 26 of Parcel Maps
at Page 140, San Joaquin County Records. PARCEL TWO:
APN 027-400-240
PARCEL TWO:
Parcel 2, as shown and designated on the Map filed for record June 14, 2019 in Book 26 of Parcel Maps
at Page 141, San Joaquin County Records.
Radiance St. A brosia
St.
1_� o! J_76
Rd.
o` Lodi Av. �
r Concerto St. m Concerto Ct.
�. Gr
Valencia St..
01
Ashton St.
_
1Tl f I ITT_ INA I
027-400-210
Q Rose Gate II Unit 2 Parcels
027-400-240
EXHIBIT B
ROSE GATE II, UNIT 2
PARCEL LOCATION MAP
027-400-150
L 3
St.
is
0.06
Miles
BILLING SCHEDULE
EXHIBIT C
Development: Rose Gate II Unit No. 2
Gross Acreage:
29.00
Developer: Rose Gate 2 -Lodi, LLC
No. of Units:
107
Engineer: MCR Engineering
Date: 4/7121
Construction cost
$4,486,200.00
DEVELOPER
COST
CREDITS
ENGINEERING
Plan Check Fee (5 0% of
$100,000)
ENGFEE
$
5,000,00
(3 5% of
$200,000)
ENGFEE
7,000.00
(2 5% of
$4,186,200)
ENGFEE
104,655.00
Inspection Fee (4 0% of
$250,000)
ENGINS
10,000.00
(3.5% of
$750,000)
ENGINS
26,250.00
(3.0% of
$3,486,200)
ENGINS
104,586.00
Plan Check Fee Paid
ENGFEE
$
97,494.00
Improvement Agreement
ENGFEE
$2,572.00 $
ENGINEERING SUBTOTAL
$
260,063.00 $
97,494.00
STREET SYSTEM
Fees:
Storm Water Inspection Fees
PW03
1
LS @ $
2,145.00
$2,145.00
(Charge for 1 year inspection)
Charges for work by City Forces:
Seal Coat
NC07
14####
SF @ $
0.12
$33,986.76
STREET SYSTEM SUBTOTAL
$36,131.76
$0.00
SEWER SYSTEM
Fees:
Charges for Work by City Forces:
PW03
TV Inspection for Pipe Installation
4.597
LF @ $
1.50
6,895.50
TV Inspection for Project Acceptance
7.540
LF @ $
1.50
11,309.25
SEWER SYSTEM SUBTOTAL
$18,204.75
$0.00
WATER SYSTEM
Fees:
Charges for work by City Forces:
PW02
3/4" Meter only (park drinking fountain)
1
EA @ $
300.00
300.00
1.5" Meter only (Westgate Drive irrigation)
1
EA @ $
780.00
780.00
2" Meter only (park irrigation)
1
EA @ $
970.00
970.00
WATER SYSTEM SUBTOTAL
$2,050.00
$0.00
S%PRM DRAIN SYSTEM!
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe Installation
PW03
3,085
LF @ $
1.50
4,627.50
TV Inspection for Project Acceptance
PW03
3,085
LF @ $
1.50
4,62750
STORM DRAIN SYSTEM SUBTOTAL
$9,255.00
$0.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE
$325,704.51
$97,494.00
ADDITIONAL FEE
Reimbursement Agreement 2008-01
Public improvements con slrucled with the Vintner's Square shopping center
7.98 acres (portion of old APN 027-400-01) ® $713.18/Acre
Reimbursement Agreement 2016-01
Lod] Ave Eiue frontage improvernents far Rase Gate development
7.90 Acres (portion of Od APN 027-400.01) @ $7,985.83/Acre
SB 5 200 -Year Flood Plain Certification Fee 27080000.55020 107 LOTS ® $
27080000.55020
ENGFEE
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL
Signature:
,, n
Email: jmagdich@lodi.gov
DEVELOPER
COST CREDITS
$5,691.18
$63,726.92
200
80% $17,120.00
20% $4,280.00
$319,028.61
RESOLUTION NO. 2021-140
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE FINAL MAP AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN IMPROVEMENT AGREEMENT FOR
ROSE GATE II, UNIT NO. 2, TRACT NO. 4054
------------------------------------------------------------------------
------------------------------------------------------------------------
WHEREAS, Rose Gate II, Unit No. 2, is the second phase of a multi -phase residential
development located west of Lower Sacramento Road and south of Lodi Avenue; and
WHEREAS, Unit No. 2 consists of 107 single-family residential lots, and the project
includes the installation of portions of Westgate Drive, all interior subdivision public
improvements, and a 3.44 -acre neighborhood park; and
WHEREAS, the developer, Rose Gate 2 Lodi, 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 final map; and
WHEREAS, staff also recommends authorizing the City Manager to execute an
Improvement Agreement for Rose Gate II, Unit No. 2, Tract No. 4054.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the final map for Rose Gate II, Unit No. 2, Tract No. 4054; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute an Improvement Agreement for Rose Gate II, Unit No. 2, Tract
No. 4054; 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: May 19, 2021
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2021-140 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 19, 2021 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN. COUNCIL MEMBERS — None
J NIFE CUSMIR
City Clerk
2021-140