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
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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.
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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. 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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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❑ 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: �, `