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HomeMy WebLinkAboutAgenda Report - August 18, 2021 B-01 SMAGENDA ITEM JB410 I ' CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Gateway South Subdivision, Unit No. 3, Tract No. 4079 MEETING DATE: August 18, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution approving final map and authorizing City Manager to execute Improvement Agreement for Gateway South Subdivision, Unit No_ 3, Tract No. 4079. BACKGROUND INFORMATION: Gateway South Subdivision, Unit No. 3, is the third phase of a multi- phase residential development located west of Lower Sacramento Road and south of Century Boulevard, as shown on Exhibit A_ Unit No. 3 consists of 48 single-family, residential lots and together with Unit No. 2, will complete the street frontage improvements on the neighborhood park site_ To ensure timely design and development of the neighborhood park site, the Developer, KDK Land Company, will enter into a separate improvement agreement to design and construct the neighborhood park. The improvement agreement speck to the park construction is required to be fully executed prior to the project acceptance of the Unit No. 3 public improvements. The 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 Gateway South Subdivision, Unit No- 3, Tract No. 4079. 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 Lyman Chang, City Engineer/Deputy Public Works Director CESlLCItc Attachments cc: City Attorney, Magdich Public Works Management Analyst Parks, Recreation and Cultural Services Director Assistant Engineer, Kiriu Senior Engineering Technician, Wiman KDK Land Company MCR Engineering. APPROVED.. Steve schwabauer Stephen Schwabauer, City Manager 11cvcfLfvp2lpubwks$1WPMEV SER)ADevelopmentslLodiSopjhWot GatftMylGateway SouthWNrr 3UmprovementAgreemerdCound) Communication GW33.doc 8/1612021 Fuchsia Dr. !i4� Villa Fiore Park Villa Fiore Neighborhood Park Cammie Ln. Carnation VV N v. 3 Cent N 0y Ory eta x F o h h —o co NEIGHBORHOOD PARK EXHIBIT A GATEWAY SOUTH UNIT NO. 3 PROJECT LOCATION De Vintag Oaks 0.04 ® Miles Name: Exhibit Map WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of GATEWAY SOUTH UNIT NO.3 TRACT NO. 4079 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", KDK LAND COMPANY, a California corporation 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 a portion of that certain real property situated in the City of Lodi, County of San Joaquin, commonly known as Resultant Parcel B from Lot Line Adjustment 2021.339443 and more particularly described in Exhibit A and depicted in Exhibit B. Developer has presented to City for approval the final subdivision map, hereinafter called "Map", entitled "GATEWAY SOUTH, Unit 3". The Map was filed with the Public Works Director for presentation to the City Council for approval, and is hereby referred to and incorporated herein; Developer has requested approval of the Map prior to the construction and completion of public improvements, including all streets, highways or public ways, and public utilities and facilities which are a part of, or appurtenant to, the Gateway South, Unit 3 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 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 D200, which is on file in the Public Works Department. K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 1 7/26/21 The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: A. Neighborhood Park Improvements which will be covered under a separate improvement agreement. The improvement agreement for the neighborhood park shall be fully executed prior to the Project acceptance by the City. B. Street light installation and connection to City system; C. Natural gas line installation; D. Telephone line installation; E. Electrical system; and F. 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. oat; 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. 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. Develo ment 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 15.54.050, the fees are automatically adjusted on January 1St of each year. Fees may also be added or adjusted at other times by separate City Council action. The actual fees to be paid will be those in effect at the time of payment. This Agreement shall in no way limit City's ability to charge Developer the fees in effect at the time Developer pays the fees. K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 2 7/26/21 5. Reimbursement from Others Developer may be eligible for reimbursement from others for the cost of certain off-site public improvements that benefit other properties. It is Developer's responsibility to request reimbursement and submit the appropriate information per LMC Section 17.62. 6. Work, Time for Commencement and Performance Developer shall, within 365 calendar days from the date of this Agreement, perform or cause to be performed, all work and/or improvements described in this Agreement. At least 15 calendar days prior to the commencement of work hereunder, Developer shall notify the Public Works Director of the date fixed by Developer for commencement thereof, so that City can provide required inspection services. 7. Time Extension Time is of the essence of this Agreement. City may extend the time for completion of the improvements hereunder, under the terms of an addendum to this Agreement, which shall be approved and executed by the City Manager. Any such extension may be granted without notice to Developer's surety, and extensions so granted, shall not relieve the surety's liability on the bond to secure the faithful performance of Developer under this Agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. 8. Record Drawings and Certifications Prior to acceptance of the Project improvements, Developer shall have installed and put in place, all survey monuments as shown on the Maps and provide record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. 9. Permits; Compliance with Law Developer shall, at Developer's expense, obtain all necessary permits and licenses for the construction of the improvements described in this Agreement, give all necessary notices, and pay all fees and taxes required by law. 10. Superintendence by Developer Developer shall give personal superintendence to the work of said improvements, or have a competent agent, foreman or superintendent, satisfactory to the Public Works Director, on the work site at all times during construction, with authority to act for Developer. 11. Inspection by City Developer, shall at all times, maintain proper facilities and provide safe access for inspection by City to all parts of the work site. Inspections will be provided during normal working hours of City staff. Developer will be billed for inspections on work performed on weekends, holidays and overtime. Developer shall also pay all additional costs incurred by City for soils and materials testing and/or inspection services, including storm water compliance inspections, required as a part of City inspection activities. 12. Contract Security Concurrently with the execution of this Agreement, Developer 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: $ 2,167,700.00 Labor and Materials: $ 2,167,700.00 K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\lmpAgmt_GWS3 doc 3 7/26/21 13. Warranty Securitu 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 A reement 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 or Developer's Contractor shall not commence work under this Agreement until Developer or Developer's Contractor shall have obtained all insurance required under this paragraph, nor shall Developer or Developer's Contractor allow any contractor or subcontractor to commence work on Developer's contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Worker's Compensation Inst.lrance 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 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 K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 4 7/26/21 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 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 and Developer's Contractor agree and stipulate 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, shall be available to City as an additional insured. Furthermore, the requirements for K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 5 7/26/21 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 or 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 policies. An additional named insured endorsement is also required for Auto Liability. B. Primark+ and Non -Contributory Insurance Endorsement Additional insurance coverage under the Developer's or 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 2001 0413. 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 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 or Developer's Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. F. Completed Operations Endorsement For three years after completion of Project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. G. Continuity of 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 and 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 and Developer's Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Developer's or Developer's Contractor's insurance lapses or is discontinued for any reason, Developer or Developer's Contractor shall immediately notify the City and immediately obtain replacement insurance. K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 6 7/26/21 H. Failure to Comply If Developer or 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 or 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 or 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 or 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 or 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 and Developer's Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. I. Qualified Insurer(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. 16. Title to Improvements Title to, and ownership of, all public improvements constructed hereunder by Developer shall vest absolutely in City upon completion and acceptance of such public improvements by City. 17. Re>aair 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. 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." 19. 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 K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 7 7/26/21 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. 20. 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. 21. 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. 22. Dwelfing Occu anc 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. 23. 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. 24. 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 K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 8 7/26/21 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. 25. Breach of A reementF 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. 26. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. 27. 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 KDK Land Company 10100 Trinity Parkway, Suite 420 Stockton, CA 95219 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 K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 9 7/26121 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. 28. 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\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 10 7/26121 29. Execution In Witness Whereof, Developer and City have caused their names and corporate seals to be hereunto affixed. KDK LAND COMPANY, a California corporation Dated: BY: TOM DOUCETTE President (CORPORATE SEAL) DSS COMPANY, a California corporation, dba KNIFE RIVER CONSTRUCTION Dated By STEVE ESSOYAN President (CORPORATE SEAL) CITY OF LODI, a California municipal corporation Dated: By: STEPHEN SCHWABAUER City Manager ATTEST: JENNIFER CUSMIR City Clerk (CORPORATE SEAL) APPROVED AS TO FORM. JANICE D. MAGDICH City Attorney K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt_GWS3 doc 11 7/26121 2021-039443 Page 16 of 18 03/03/2021 10:3338 AM EXHIBIT "-A" RESULTANT PARCEL B: All of the Surveyed Designated Remainder Parcel as shown on that certain map entitled 'Tract No, 3941, Gateway South, Unit No,1 ", filed for record October 23, 2020, in Book 43 of Maps and Plats, Page 144, San Joaquin County Records, and all of Parcel Two and Parcel Three as described in that certain Grant Deed recorded September 19, 2018 in Document No. 2018-104419, San Joaquin County Records, lying east of the following described line, being more particularly described as follows: BEGINNING at the southeast (SE) corner of Lot 41 as shown on last said map, also being the south terminus of the west right-of-way line of Van Ruiten Drive; thence leaving said corner the following twenty-two (22) courses: (1) along an arc of a curve concave to the northwest, from a radial line bearing South 78°03'38" East, having a radius of 1172.50 feet, a central angle of 0001757" and an arc length of 6,12 feet; (2) along an arc of a tangent reverse curve concave to the southeast, from a radial line bearing North 77045'41" West, having a radius of 3027.50 feet, a central angle of 01 032'58" and an are length of 81.87 feet; (3) South 52020'47" West, 23,01 feet; (4) South 11 °03'12" West, 52.41 feet; (5) South 38030'24" East, 22.18 feet; (6) along an arc of a curve concave to the southeast, from a radial line bearing North 80054'09" West, having a radius of 3027.50 feet, a central angle of 03015'33" and an are length of 172.21 feet; (7) South 49°45'20" West, 21.18 feet; (8) along an arc of a curve concave to the southwest, from a radial line bearing North 03039'10" East, having a radius of 2525.00 feet, a central angle of 00009'58" and an arc length of 7.31 feet; (9) South 03°29'13" West, 50.00 feet; (10) along an arc of a curve concave to the southwest, from a radial line bearing North 03°39'13" East, having a radius of 2475.00 feet, a central angle of 00°07'53" and an arc length of 5.67 feet; (11) South 40058'55" East, 21.03 feet; (12) along an are of a curve concave to the east, from a radial line bearing North 85°40'10" West, having a radius of 3027.50 feet, a central angle of 03°17'15" and an arc length of 173.71 feet; (13) South 4703437" West, 20,92 feet; (14) South 00°31'15" East, 50.17 feet; (15) South 43°04'54" East, 21.35 feet; (16) along an arc of a curve concave to the northeast, from a radial line bearing South 89031'53" West, having a radius of 3027.50 feet, a central angle of 03008'25" and an arc length of 165,93 feet; (17) South 43°29'01" West, 22.24 feet; (18) North 89023'53" West, 5.23 feet; (19) South 00"36'07" West, 52.00 feet; (20) South 89°23'53" East, 10.69 feet; (21) South 47°16'23" East, 22.92 feet; and (22) along an arc of a curve concave to the northeast, from a radial line bearing South 84°48'06" West, having a radius of 3027.50 feet, a central angle of 02041'04" and an arc length of 141.84 feet to the south Ilne of said Parcel Two and the terminus of said line. And lying west of the following described line, being more particularly described as follows: BEGINNING at the southeast (SE) corner of Lot 49 as shown on last said map, also being the south terminus of the west right-of-way line of Blossom Drive; thence leaving said corner the following twenty-four (24) courses: (1) South 12°09'07" East, 89.99 feet; (2) South 35°31'45" West, 16.77 feet; (3) along an arc of a curve concave to the northwest, from a radial line bearing South 06°45'15" East, having a radius of 2729.00 feet, a central angle of 00007'55" and an arc length of 6.29 feet; (4) South 06°37'20" East, 50.00 feet; (5) along an arc of a curve concave to Page 3 of 5 20.025/SUAVEYING/MAPPING/LLA/20.025 LLA -POST LEGAL.dwg 2021-039443 Page 17 of 18 03/03/2021 10:33:38 AM lha northwest, fran n a radial IIno boa ring South 06"37'90' East, having a rad lus of 2'(79.00 feel, a control angle of 00°14'53" and an arc length of 12.11 seal; (6) Sav1h 54°32'36" East, 16.94 feel; (7) South 12°09'07" East, 117.46 (act; t8) alarm are arc of a tongant curve concava to the soulttwo st, irnm a red lal line hoaring NOW 1 77650'53" East, having a radius a1 1965.00 Ica t, a conIra I angio of 01°51'{17° and art acc length of 63,52 feat; (9) 5auth 36012'56" West, 16.78 to 01; (i0) atang on are of a curve concave to the northwest, train a radial tine hoaring South 07611'33" East, having a rad lus of 7.903.00 fool, a central arig to a100'05'55' and an arc IQrig lh of 8.aa tool; 01) Snulh 07°04'3B" East, 50.00 feet; (1 2) along an arc of a eb10 roncavo to tho norlhwast. from a radlat )Ina beating South 0700438° l=ast, having a radius of 3433.00 feel, a central angle of 00949'20" and an arc length of 8.24 feet; (13) South 52°41'43" Fast, 16.84 feat; (14) along an arc of a curve centavo to Iha southwest, Iran a radlal Ilio bearing North 81 °51'33" East, having a radlus at 1965.00 fnot, a central angle at 05916'23" and an arc length of 180.84 feel; (15) Sol] lh 39057'49" Wast, 16.91 feel; (16) along An are of a curve concave to the na ttwrost, from a radial line buaring South 07°07'45" Fast, having a radius of 3237.00 feat, a central angla of 00'0658" and an arc terig Ih of 5.61 fact; (17) South 07°01'47" East, 50.00 font; (18) South 48°51'20" East, 20.121ae1; (19) Along an arc of a curve concave to the vie at, Pram a radial Iiia boa ring North 89021'55" East, having a radius of 1987.50 feet, a central angle of 01°14'36' and an arc length of 42.69 feel, (20) South 00°30'31" West, 351.94 feet; (?1) South 45'34'31 ° West, 20.36 feat; (22) North 09°23'29" West, 342.95 fool; (23) South 00°3831" West, 302.791ael; and (24) South 10"33'34" West, 4 0.7 5 feat to lho wast 11 no of said Parcel Thtoo and the lerminus of said line, Containing 1728 acres, more or lees. SEC 9 ISEC10 [ —S EC 16 S- g(5 T6 - Ix n 7 Ln 0 N ¢� VILLA FIORE, UNIT NO. 1 on GATEWAY SOUTH, UNIT N0, 1 CAMMIE LAME L13 S89°20'21 Z ¢ 0-& 50.00' L1 o w N89°49'19'E a � PARCEL THREE of W O z¢> p1y i' L17 z � SURVEYED r L1E m DESIGNATED REMAINDER i O o p 43-M&P-144 + R18 0 O LOT 49 C6 z LL — — — , Z— — — i—L20- LOT A N00°08'57'w 211.78 O c* N� S8 °23'29"E 927.82' SEC 15 CITY OF LODI { R17- 3 L30 RESULTANT ± ry Z `R2�'t32iC17 PARCELA i U v 23.57± ACRES L23— SURVEYED 0 L L.24� y L-34 z PARCEL TWO + L2E i C1 i D.N. 2018-104419 i `C7 i i R5 C15s 973.41' S89°23'30"E 1320.28' ■ SEE DETA. ECTION LINE AND SHEET 3 CITY LIMIT LINE 2021-039443 Page 10 of 18 z ¢ 0-& Q t O w . .�` a � PARCEL THREE of W O z¢> p1y I 0 Q S89°20'41"E � U I z 43-M&P-18 >o m4 60.01' Z Qc Zr o°i f 43-M P- 41 LOT 49 SECTION LINE o O , ro4ia.�.■ LOT A N00°08'57'w 211.78 I yaCOh r r r r f i N� S8 °23'29"E 927.82' SEC 15 CITY OF LODI v IR231 1 ! 1 2- t L30 u~i r Z Z ry Z `R2�'t32iC17 Lai R3 SURVEYED s r 'R20 y L-34 DESIGNATED REMAINDER wl i C1 i 43-M&P-144 , `C7 i i R5 C15s o 919 it C14 351 of i L36 —Z—i---- L37, —-- Z----- R� — i C1 —1116f r R6 C12 -C4 i C111 1/4 SECTION LINE,j R15 i L3 SULTXPARCEL RS L38 i PARCEL TWO R14 B L40� c1oR9 D.N. 2018-104419 i O -C3 17.28± ACRES Ria i RESULTANTI cc:��y 'r i� + PARCEL C �L29 r 40.021 ACRES cc co �. R12's `� o f aI z r C346.87' %% _ W "■ t 342.95' I TAMURA z I.N.89066142 -j C=! w,S89*23'29"E' <4 ¢ 0-& Q t O . .�` a � PARCEL THREE LL 01 I 0 Q zr SEE DETAIL D.N. 2018-104419 -142 SHEET 3 � U I z 420.80' N89023'30" W/ I i O j �, Q z ,1'' PARCEL FOUR i z O I O CITY OF LODI D.N. 2018-104419 I¢ O ❑ CITY OF LODI SEC 21 T3N,�R6E SAN JOAQUIN COUNTY HARNEY LANE SAN JOAQUIN COUNTY SEC 22 SEC 15 rj ND BASIS OF BEARINGS: ��``a0 F' 9,�'���jo THE WEST LINE OF SECTION 15 TOWNSHIP 3 NORTH, RANGE 6 EAST, v MOUNT DMLO BASE AND MERIDIAN SEARS NORTH 00010'41" WEST, AS DEPICTED ON THAT CERTAIN MAP FILED FOR RECORD IN BOOK o. 5 26 OF PARCEL MAPS PAGE 38, SAN JOAQUIN COUNTY RECORDS WAS USED FOR ALL 4EARINGS SHOWN. ALL DISTANCES ARE GROUND LEVEL DISTANCES AND MUST BE MULTIPLIED BY 0.99995210 TO OBTAIN GRID DISTANCES. Q SCALE: V-400' l or cAl-�F�� MCR ENGINEERING, INC, Mcm MANTECA, CA 5336 1242 DUPONT COURT ENGINEERING EL: (209)239- 6229 FAX: (209)239-8839 EXHIBIT IIBII BY: DFB LOT LINE ADJUSTMENT DATE: 12/11/20 SHEET: 1 of4 LODI, CALIFORNIA FILE: 2M25 LLA,dwg ¢ 0-& SAN JOAQUIN COUNTY Z Qc Zr o°i f °4 r SECTION LINE o O 0 0o ry .s°, O I ry r SEC 16 SEC 15 CITY OF LODI v rn Z u~i r Z Z ry Z ❑ CITY OF LODI SEC 21 T3N,�R6E SAN JOAQUIN COUNTY HARNEY LANE SAN JOAQUIN COUNTY SEC 22 SEC 15 rj ND BASIS OF BEARINGS: ��``a0 F' 9,�'���jo THE WEST LINE OF SECTION 15 TOWNSHIP 3 NORTH, RANGE 6 EAST, v MOUNT DMLO BASE AND MERIDIAN SEARS NORTH 00010'41" WEST, AS DEPICTED ON THAT CERTAIN MAP FILED FOR RECORD IN BOOK o. 5 26 OF PARCEL MAPS PAGE 38, SAN JOAQUIN COUNTY RECORDS WAS USED FOR ALL 4EARINGS SHOWN. ALL DISTANCES ARE GROUND LEVEL DISTANCES AND MUST BE MULTIPLIED BY 0.99995210 TO OBTAIN GRID DISTANCES. Q SCALE: V-400' l or cAl-�F�� MCR ENGINEERING, INC, Mcm MANTECA, CA 5336 1242 DUPONT COURT ENGINEERING EL: (209)239- 6229 FAX: (209)239-8839 EXHIBIT IIBII BY: DFB LOT LINE ADJUSTMENT DATE: 12/11/20 SHEET: 1 of4 LODI, CALIFORNIA FILE: 2M25 LLA,dwg STREET SYSTEM Fees: Storm Water Inspection Fees (Charge for 1 year inspection) Charges for work by City Forces: Seal Coat STREET SYSTEM SUBTOTAL SEWER SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation TV Inspection for Project Acceptance SEWER SYSTEM SUBTOTAL STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation TV Inspection for Project Acceptance STORM DRAIN SYSTEM SUBTOTAL ELECTRICAL SYSTEM To be billed separately by Electric Utility Departmen TOTAL AMOUNT OF BILLING SCHEDULE ADDITIONAL FEES Reimbursement Agreement 2003-04 Harney Lane Sanitary Sewer Lift Station Approximately 0.6 Acres at $6,293.06/Acre PW03 1 LS @ $ 2,243.00 $2,243.00 NC07 119,234 SF @ $ PW03 3,547 LF @ $ 4,747 LF @ $ PW03 2.059 LF @ $ PW03 2.059 LF @ $ 013 $15,500.42 $17,743.42 1.50 5320-50 1 50 7120.50 $12,441.00 1.50 3.08850 1.50 3.08850 $6 177 00 $169,026.92 0.70 acre @ $ 6,29306 $4,405.14 $0.00 $0.00 $0.00 $73,637.00 BILLING SCHEDULE EXHIBIT C Development: Gateway South Unit No. 3 Gross Acreage: 17.28 Developer: KDK Land Company No. of Units: 48 Engineer: MCR Engineering Date: 7/20/21 Construction cost $2,167,700,00 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 $1,867,700) ENGFEE 46,692.50 Inspection Fee (4.0% of $250,000) ENGINS 10,000.00 (3.5% of $750,000) ENGINS 26,250.00 (3.0% of $1,167,700) ENGINS 35,031.00 Plan Check Fee Paid ENGFEE $ 73,637.00 Improvement Agreement ENGFEE $2,692.00 $ ENGINEERING SUBTOTAL $ 132,665.50 $ 73,637.00 STREET SYSTEM Fees: Storm Water Inspection Fees (Charge for 1 year inspection) Charges for work by City Forces: Seal Coat STREET SYSTEM SUBTOTAL SEWER SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation TV Inspection for Project Acceptance SEWER SYSTEM SUBTOTAL STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation TV Inspection for Project Acceptance STORM DRAIN SYSTEM SUBTOTAL ELECTRICAL SYSTEM To be billed separately by Electric Utility Departmen TOTAL AMOUNT OF BILLING SCHEDULE ADDITIONAL FEES Reimbursement Agreement 2003-04 Harney Lane Sanitary Sewer Lift Station Approximately 0.6 Acres at $6,293.06/Acre PW03 1 LS @ $ 2,243.00 $2,243.00 NC07 119,234 SF @ $ PW03 3,547 LF @ $ 4,747 LF @ $ PW03 2.059 LF @ $ PW03 2.059 LF @ $ 013 $15,500.42 $17,743.42 1.50 5320-50 1 50 7120.50 $12,441.00 1.50 3.08850 1.50 3.08850 $6 177 00 $169,026.92 0.70 acre @ $ 6,29306 $4,405.14 $0.00 $0.00 $0.00 $73,637.00 Reimbursement Agreement 2005-01 Legacy Estates Unit #1 Tract No. 3260 Approximately 0.6 Acres at $5,775.24/Acre Reimbursement Agreement 2018-01 Lodi Shopping Center Improvements Approximately 6.18 Acres @ $4,708.43/Acre Approximately 11.1 Acres @ $4,334.92/Acre Approximately 0.70 Acres @ $3,897 29/Acre SB 5 200 -Year Flood Plain Certification Fee 27080000.55020 TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL Signature: Email: jmagdich@lodi.gov DEVELOPER COST CREDITS 0.70 acre @ $ 5,775.24 $4,042.67 6.18 acres @ $ 4,708.43 $29,098.10 11.1 acres @ $ 4,334.92 $48,117.56 0.70 acres @ $ 3,897.29 $2,728.10 48 LOTS @ $ 200 $9,600.00 $193,381.49 When Recorded Please Return to: Lodi City Clerk Doc ti: 2021-146076 PM P.O. Box Page: 1 of 1 Fee: $0 Lodi, CA 9524524 1-1910 Steve J. Bestolarides San Joaquin County Recorders Paid By: SHOWN ON DOCUMENT g RESOLUTION NO. 2021-240 1111 ' X• j';� A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE FINAL MAP AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR GATEWAY SOUTH SUBDIVISION, UNIT NO. 3, TRACT NO. 4079 WHEREAS, Gateway South Subdivision, Unit No. 3, is the third phase of a multi -phase residential development located west of Lower Sacramento Road and south of Century Boulevard and consists of 48 single-family residential lots and, together with Unit No. 2, will complete the street frontage improvements on the neighborhood park site; and WHEREAS, to ensure timely design and development of the neighborhood park site, the Developer, KDK Land Company, will enter into a separate Improvement Agreement to design and construct the neighborhood park. The Improvement Agreement shall be fully executed prior to the project acceptance of the Unit No. 3 public improvements; and WHEREAS, the Developer has furnished the City with improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed subdivision; and WHEREAS, staff recommends approving the final map and authorizing the City Manager to execute an Improvement Agreement for Gateway South Subdivision,' Unit No. 3, Tract No. 4079. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the final map for Gateway South Subdivision, Unit No. 3, Tract No. 4079; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Agreement for Gateway South Subdivision, Unit No. 3, Tract No. 4079; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. 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: August 18, 2021 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2021-240 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 18, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None r E�dI4I01 'USMA 2021-240: �, `