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HomeMy WebLinkAboutAgenda Report - September 1, 2021 C-09AGENDA ¢TEM ' m CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Tienda Square Subdivision, Tract No. 4003 MEETING DATE: September 1, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution approving final map and authorrzing City Manager to execute Improvement Agreement for Tienda Square Subdivision, Tract No_ 4003. BACKGROUND INFORMATION: The Tienda Square Subdivision is a medium density residential development located near the southwest corner of the Mills Avenue and Tienda Drive intersection (previously a single-family dwelling residence), as shown on Exhibit A. The subdivision consists of nine single-family, residential lots. The project includes the installation of the public water main and all frontage and utility improvements along Tienda Drive, which are part of or appurtenant to the project. All interior improvements, with the exception of the water main, are private and will be maintained by the Home Owners Association (HOA). The private interior improvements include, but are not limited to, the shared drive, shared walls/fences, private storm drain system, and private sewer system. The HOA will include the appropriate mechanisms to assess, collect, and enforce the HOA obligations. The developer, known as Tienda Development, LLC, and their contractor have 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 Tienda Square Subdivision, Tract No. 4003. 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. APPROVED: Steve SChwabauer Stephen Schwabauer, City Manager \\cvcfiIv02\pubwks$lWP1DEV_SERV\Developments%ResiderdiaKTiienda 2050 - TIENDA SQUAREIImprovement Agreement= Tienda Squwe.doc 811712027 Adopt Resolution Approving Final Map and Authoring City Manager to Execute Improvement Agreement for Tienda Square Subdivision, Tract No. 4003 September 1, 2021 Page 2 FUNDING AVAILABLE: Not applicable. U'TV Charles E. Swimley, Jr. Public Works Director Prepared by Karissa Kiriu, Assistant Engineer CESlK rMedb Attachments cc: City Attorney, Magdich Deputy Public Works Director / City Engineer, Chang Assistant Engineer, IGriu Senior Engineering Technician, Wiman Tienda Development, LLC T. G. Phillips Engineering, Inc. Wong Engineers, Inc. 1\cvcriIv021pubwks31WPOEV_SERV1DevelopmentslResidentiallTienda 2050 - TIENDA SQUAREVmprovement AgreementlCC_iienda Square.doc 8/1212021 Exhibit A Venda Square Subdivision ilY Vicinity Map � L � o R � y � Tienda Dr. Kettleman Ln / Hwy 12 N W E S 0 70 140 Feet CL m a� N 280 K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\References\CCExhibitA.mxd WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT AGREEMENT for the PUBLIC IMPROVEMENTS of TIENDA SQUARE THIS AGREEMENT is made and entered into by.and between the CITY OF LODI, a California municipal corporation, hereinafter referred to as "City", TIENDA DEVELOPMENT, LLC, a California limited liability company, hereinafter referred to as "Developer", and T. G. PHILLIPS ENGINEERING, INC., a California corporation, hereinafter referred to as "Developer's Contractor." RECITALS - Developer is the developer of that certain real property situated in the City of Lodi, County of San Joaquin, commonly known as Parcel 1 (current A.P.N.: 027-430-08, former A.P.N. 027-040-74) and more particularly described in Exhibit A and depicted in Exhibit B. Developer has submitted multiple building permit applications (No. 20182447 through 20182455) to the City for the development of this property. Developer has presented to City for approval the final subdivision map, hereinafter called "Map", entitled "TIENDA SQUARE". 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 Tienda Square development, hereinafter called "Project", all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of Project, which plans and specifications are now on file in the office of and endorsed with the approval of the Public Works Director or his designee. City Council will adopt a resolution to approve the Map and accept the dedications therein offered on the condition that Developer will first enter into and execute this Agreement with City and meet the requirements of said resolution; and Developer's Contractor is made a party to this Agreement solely to secure the 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 18D015, which is on file in the Public Works Department. K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda doc 1 813121 The Developer shall also perform or cause to be performed the following items which are not shown on the improvement plans: A. Street light installation and connection to City system; B. Natural gas line installation; C. Telephone line installation; D. Electrical system; and E. Cable television system. 2. Development Changes Developer shall also perform all work and furnish all materials necessary to comply with any changes required by the Public Works Director, which, in his opinion, are necessary or required to complete the work in conformance with City Standards or are the result of changed conditions. 3. Performance of Work by City Prior to the approval of the final map by the City, it is agreed that the Developer shall deposit with the City the amount of money shown as the "Developer Cost" on the Billing Schedule, attached hereto as Exhibit C, and by this reference made a part hereof as though fully set forth. From payments made under the Billing Schedule, Developer elects to have the City perform or install or cause the installation of the following items: A. Televideo inspection of the public sewer and storm drain lines. The fee shown on the Billing Schedule is based on the linear footage of public sewer and storm drain pipe 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; B. Storm Water Permit Compliance Inspections. The fee shown on the Billing Schedule is based on one (1) inspection per month for construction activities covering a three month 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; C. Abandonment of existing 4 -inch sewer service, developer's contractor is responsible for trenching and backfill; D. Abandonment of existing 1 -inch water service, developer's contractor is responsible for trenching and backfill; and E. 8" x 6" water service hot tap, developer's contractor is responsible for trenching and backfill. Developer shall also pay all additional costs for work performed by City deemed by the Public Works Director necessary to complete the work under this Agreement in conformance with City Standards. 4. Development Impact Mitigation Fees Development Impact Mitigation Fees for water, wastewater, street improvements, storm drain, police, fire, parks and recreation, general City facilities, and art in public places are required for this Project. Payment of the Development Impact Mitigation Fees shall be collected prior to issuance of Certificate of Occupancy for each dwelling. In conformance with LMC Section 15.64.650, the fees are automatically adjusted on January 1St of each year. Fees may also be adjusted at other times by separate City Council action. The actual fees to be paid will be those in effect at the time of payment. This Agreement shall K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda.doc 2 813121 in no way limit City's ability to charge Developer the fees in effect at the time Developer pays the fees. 5. Reimbursement from Others Developer may be eligible for reimbursement from others for the cost of certain off-site public improvements that benefit other properties. It is Developer's responsibility to request reimbursement and submit the appropriate information per LMC Section 17.62. 6. Work; Time for Commencement and Performance Developer shall, within 365 calendar days from the date of this Agreement, perform or cause to be performed, all work and/or improvements described in this Agreement. At least 15 calendar days prior to the commencement of work hereunder, Developer shall notify the Public Works Director of the date fixed by Developer for commencement thereof, so that City can provide required inspection services. 7. Time Extension Time is of the essence of this Agreement. City may extend the time for completion of the improvements hereunder, under the terms of an addendum to this Agreement, which shall be approved and executed by the City Manager. Any such extension may be granted without notice to Developer's surety, and extensions so granted, shall not relieve the surety's liability on the bond to secure the faithful performance of Developer under this Agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. 8. Record Drawings and Certifications Prior to acceptance of the Project improvements, Developer shall have installed and put in place, all survey monuments as shown on the Maps and provide record drawings and certifications as described in the City of Lodi Public Improvement Design Standards. 9. Permitsm 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 Cita 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 Securi 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. K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement AgreementUmpAgmt_Tienda doc 3 8/3/21 The City has determined these security amounts to be as follows. Faithful Performance: $ 59,600.00 Labor and Materials: $ 59,600.00 13. Warranty Security Prior to acceptance of the Project improvements by City, Developer shall furnish warranty security of at least 10 percent of the total cost of the public improvements required to be constructed, as security for repair or replacement of defective work as provided under Paragraph 17 of this Agreement. The warranty period shall be two years following the date of acceptance of the improvements by City. If any portion of the Project receives partial acceptance during the course of construction, the warranty period for all required Project improvements shall commence upon the date of final acceptance for the entire Project. 14. Hold -Harmless Agreement Developer hereby agrees to, and shall, hold City, its elected and appointed boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage from personal injury, including death, as well as from claims for property damage which may arise from Developer's or Developer's contractors', subcontractors', agents' or employees' operations under this Agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elected and appointed boards, commissions, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: A. That City does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described in Paragraph 15 of this Agreement. B. That the aforesaid hold -harmless agreement by Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the Project, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 15. Developer's Insurance Developer's Contractor shall not commence work under this Agreement until Developer's Contractor shall have obtained all insurance required under this paragraph, nor shall Developer's Contractor allow any contractor or subcontractor to commence work on Developer's Contractor'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 Insurance Developer's Contractor shall maintain, during the life of this agreement, Worker's Compensation Insurance for all Developer's Contractor's employees employed at the site of improvement, and in case any work is sublet, Developer's Contractor shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance for all contractors' or subcontractors' employees, unless such employees are covered by the protection afforded by Developer's Contractor. In case any class K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda doc 4 813121 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 compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine Street, Lodi, CA, 95240. Developer's Contractor hereby indemnifies City for any damage resulting to it from failure of either Developer's Contractor or any contractor or subcontractor to take out or maintain such Worker's Compensation insurance. B. Comprehensive General and Automobile Insurance Developer's Contractor shall take out and maintain during the life of this Agreement such insurance as shall insure City, its elected and appointed boards, commissions, officers, agents, and employees, Developer's Contractor and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the Project or the Project property, including any public streets or easements, from Developer's Contractor or any contractors' or subcontractors' operations hereunder, whether such operations be by Developer's Contractor or any contractor or subcontractor or by anyone directly or indirectly employed by either Developer's Contractor or any contractor or subcontractor, and the amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $3,000,000 Each Occurrence $6,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $3,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. Developer's Contractor must have comprehensive automobile liability only if Developer's vehicles are used for the Project or on the Project property. NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage. NOTE: Developer's Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda doc 5 8/3/21 that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Developer's Contractor; whichever is greater. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: A. Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents and employees as additional named insured insofar as work performed by the insured under written contract with the City of Lodi. This endorsement shall be on the form furnished by City and shall be included with Developer's Contractor's policies. An additional named insured endorsement is also required for Auto Liability. B. Prima and Non -Contribute Insurance Endorsement Additional insurance coverage under the Developer's Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. C. Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the Developer's Contractor's liability. D. Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. E. Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Developer's Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. F. Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. G. Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Developer's Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Developer's Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Developer's K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda doc 6 8/3/21 Contractor's insurance lapses or is discontinued for any reason, Developer's Contractor shall immediately notify the City and immediately obtain replacement insurance. H. Failure to Conloly If Developer's Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Developer's Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Developer's Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Developer's Contractor shall pay such reimbursement and interest on the first (1S) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Developer's Contractor fails or refuses to obtain or maintain insurance as required by this Agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Developer's Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. I. Qualified Insurer(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 air or Reconstruction of Defective Work If, within a period of two (2) years after final acceptance by City of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, including the mitigation measures for dust and erosion control, fails to fulfill any of the requirements of this Agreement plans and specifications referred to herein, 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. Homeowners Association The subdivision will be governed by a Homeowners Association (HOA) organized and established pursuant to California law. The Developer shall provide the HOA's proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to the Community Development Department for review and approval prior to recordation of the final map. The CC&Rs shall contain appropriate mechanisms for the permanent ongoing maintenance of areas, including but not limited to the private storm drain system, private sanitary sewer system, sidewalk, street lights, shared exterior walls and treatments, and shared drives. The CC&Rs shall include appropriate mechanisms to assess and collect assessments for said maintenance and the ability to enforce adherence to the CC&Rs. K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement AgreemenAImpAgmt_Tienda doc 7 8/3/21 The CC&Rs shall clearly provide that each homeowner is responsible for compliance with the CC&Rs and also responsible and liable for their renter's violations of the CC&Rs. The CC&Rs shall address guest parking and garbage pick-up. Following approval of the CC&Rs by the Community Development Department, the CC&Rs shall be recorded with the Office of the San Joaquin County Recorder prior to or concurrent with the final map. The CC&Rs shall require Developer to fund its share of the maintenance obligations related to the lots it has not sold on a pro rata basis. 19. Private Utilities The Developer shall notify all purchasers of homes or lots, either through the Department of Real Estate Subdivision Report or, if there is no Subdivision Report, through a statement signed by each buyer and submitted to the City, that this subdivision is served by private sanitary sewer and storm drain facilities to be owned, operated, and maintained under the sole direction of the private Homeowners Association. The wording and format for notifying home buyers under this Paragraph 19 is subject to approval by the Community Development Director and the Public Works Director. 20. Repair or Replacement of City -Owned Bypass Meter Assemblies Developer is required by City to install bypass meter assemblies in conjunction with the installation of water mains in the City of Lodi. City will supply these assemblies upon receipt of a deposit in the amount of $5,000 for each assembly required. The purpose of the deposit is to guarantee the return of the assembly in good condition and fulfillment of the other obligations shown in the City's Policies and Procedures entitled "Metering Water Usage of New Water Mains Requiring Temporary Bypasses." 21. Mud Debris Dust and Erosion Developer agrees and covenants not to permit mud or other debris to be tracked from the Project site or elsewhere onto City or County streets or onto private property without express permission. Developer further agrees not to cause damage to City or County streets. Should any mud or debris be deposited in City or County streets or any damage is caused to City or County streets, Developer shall have the same removed or repaired forthwith, and if not removed or repaired upon notice within a specified time, City shall cause the same to be removed or repaired and Developer shall be charged for the cost of said removal or repairs. Developer, Developer's contractor, subcontractors, and/or agents shall be responsible for dust and erosion problems created during construction, including installation of telephone, electrical, cable television and gas facilities. Developer's responsibility for dust and erosion control shall extend to include a period of two years from the date of final acceptance by City of the work performed under this Agreement. If a dust or erosion problem arises during development or within a period of two (2) years from the date of final acceptance by City of the work performed under this Agreement, including but not limited to installation of telephone, electrical, cable television, and/or gas facilities, and has not, after notice, been abated by Developer within a specified period of time, City shall cause the same to be controlled, and Developer shall be charged with the cost of said control. 22. Fire Protection Duriruci 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. K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda.doc 8 8/3/21 23. Protection of Existing Improvements Damage to any existing improvements, private or public utility lines installed or undergoing installation in which damage occurs during the onsite and offsite construction required of Developer under this Agreement, shall be the absolute responsibility and liability of Developer. In other words, it shall be Developer's responsibility to pay for damage to existing improvements and public or private utilities within the Project property. Damage to any existing facilities outside the limits of the Project damaged as part of the construction of the required Project improvements is also Developer's responsibility. 24. Dwelling Occupancy City will not allow occupancy of any building or structure within the Project until all deferred fees have been paid, public improvements have been approved and accepted by the Public Works Department per established City policy and other requirements of City codes have been met. If building is started prior to acceptance of the improvements, it is Developer's responsibility to inform all prospective purchasers that occupancy will not be permitted until said deferred fees are paid and public improvements are so accepted by City. 25. 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. 26. Notice of Breach and Default If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if Developer should be adjudged bankrupt, or Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer or any of Developer's contractors, subcontractors, agents, or employees, should violate any of the provisions of this Agreement, the Public Works Director or City Council may serve written notice upon Developer and Developer's surety of breach of this Agreement, or any portion thereof, and the default of Developer. 27. Breach of Agreement: Performance by Surety or City In the event of any such notice, Developer's surety shall have the duty to take over and complete the work and the improvements herein specified; provided however, that if the surety, within five (5) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of this Agreement, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damage occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 28. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. 29. Notices. All notices herein required shall be in writing, signed by the authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda doc 9 8/3/21 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 Tienda Development, LLC 2926 Pacific Avenue Stockton, CA 95204 Attn: Mitch Scheflo Notices required to be given to Developer's Contractor shall be addressed as follows: T. G. Phillips Engineering, Inc. PO Box 1466 Lodi, CA 95241 Attn: Tracy Phillips Notices required to be given to Surety shall be addressed as follows: Provided that either party or the surety may change such address by notice in writing in the manner set forth above, to the other party and thereafter notices shall be addressed and transmitted to the new address. 30. Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. [The balance of this page is intentionally left blank.] K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda doc 10 8/3/21 31. Execution In Witness Whereof, Developer and City have caused their names and corporate seals to be hereunto affixed. Dated - Dated: Dated: ATTEST: JENNIFER CUSMIR City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney "DEVELOPER" TIENDA DEVELOPMENT, LLC, a California limited liability company Bv: MITCH SCHEFLO Owner (CORPORATE SEAL) "DEVELOPER'S CONTRACTOR" T. G. PHILLIPS ENGINEERING, INC. a California corporation By: TRACY PHILLIPS Owner (CORPORATE SEAL) CITY OF LODI, a California municipal corporation Bv: STEPHEN SCHWABAUER City Manager (CORPORATE SEAL) K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\ImpAgmt_Tienda doc 11 8/3/21 2017-097164 Page 3 of 3 08/24/2017 11:55:14 AM EXHIBIT "A" Legal Description For APN/Parcel ID(s): 027-430-08 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING SITUATE IN THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, AND MORE PARTICULARLY DESCRIBED AND SHOWN AS PARCEL 1 ON THE PARCEL MAP FILED SEPTEMBER 22, 1993, IN BOOK 19 OF PARCEL MAPS AT PAGE 50, SAN JOAQUIN COUNTY RECORDS. Grant Deed w/ PCOR SCA0002540.doe I Updated: 03.31 15 Non -Order Search Doc: CASANJ:2017 00097164 Pr ntw- 10. 15.15 ; 11:57 AM CA-CT-FSST-02180.054531-FSST-5311500531 Page 3 of 3 Requested By: jrbaliesteros, Printed: 5/24/2018 7:58 AM r Exhibit "B" T A C a > I s Tlenda Dr. Parcel 1 1L '41 v l hi:rfi Ketlletnan Ln / Hwy 12 ' J —� f�- 1: 2,257 Legend Parcel Outline Landmarks n ARCH CATYiaull-ol CaYMnu COURT © OOGFARK FIRESTAYrOMS s HIGH SCHOULs {51 HOSPITALS LI I)RA.RY * LMDLMRKs p, PARKS POULE POST OFFICE SC is $OTEPAF& > SUFTIIAI.L yag STAOIIlM THEATRE TRAia s Railroads Yvaterbodies Sheet Names Basins L] Parks SWWS Parcels 2nd Story r7 Inrwr pw"Is 376 0 j $ 376 Feet This map Is a user generated static output from an Internet mapping site and Notes is for reference only Data layers that appear on this map may or may not be Tienda Square WGS_1984_Web_Mercalor_Auxiliary_Sphere accurate, current, or otherwise reliable. 2050 Tienda Drive 0 City of Lodi Geographic Information Systems THIS MAP IS NOT TO BE USED FOR NAVIGATION Parcel 1 a a I QI Ketlletnan Ln / Hwy 12 ' J —� f�- 1: 2,257 Legend Parcel Outline Landmarks n ARCH CATYiaull-ol CaYMnu COURT © OOGFARK FIRESTAYrOMS s HIGH SCHOULs {51 HOSPITALS LI I)RA.RY * LMDLMRKs p, PARKS POULE POST OFFICE SC is $OTEPAF& > SUFTIIAI.L yag STAOIIlM THEATRE TRAia s Railroads Yvaterbodies Sheet Names Basins L] Parks SWWS Parcels 2nd Story r7 Inrwr pw"Is 376 0 j $ 376 Feet This map Is a user generated static output from an Internet mapping site and Notes is for reference only Data layers that appear on this map may or may not be Tienda Square WGS_1984_Web_Mercalor_Auxiliary_Sphere accurate, current, or otherwise reliable. 2050 Tienda Drive 0 City of Lodi Geographic Information Systems THIS MAP IS NOT TO BE USED FOR NAVIGATION Parcel 1 I QI ri^r Ketlletnan Ln / Hwy 12 ' J —� f�- 1: 2,257 Legend Parcel Outline Landmarks n ARCH CATYiaull-ol CaYMnu COURT © OOGFARK FIRESTAYrOMS s HIGH SCHOULs {51 HOSPITALS LI I)RA.RY * LMDLMRKs p, PARKS POULE POST OFFICE SC is $OTEPAF& > SUFTIIAI.L yag STAOIIlM THEATRE TRAia s Railroads Yvaterbodies Sheet Names Basins L] Parks SWWS Parcels 2nd Story r7 Inrwr pw"Is 376 0 j $ 376 Feet This map Is a user generated static output from an Internet mapping site and Notes is for reference only Data layers that appear on this map may or may not be Tienda Square WGS_1984_Web_Mercalor_Auxiliary_Sphere accurate, current, or otherwise reliable. 2050 Tienda Drive 0 City of Lodi Geographic Information Systems THIS MAP IS NOT TO BE USED FOR NAVIGATION Parcel 1 Development: Tienda Square Developer: Mitchell A. Scheflo and Rita L. Scheflo Engineer: Wong Engineers, Inc. Date: 7/29/21 ENGINEERING Plan Check Fee (5.0% of Inspection Fee (4.0% of Plan Check Fee Paid Improvement Agreement ENGINEERING SUBTOTAL STREET SYSTEM Fees: Storm Water Inspection Fees (Charge for 3 months of inspections) STREET SYSTEM SUBTOTAL SEWER SYSTEM Fees: Charges for Work by City Forces: 4" Service Abandonment TV Inspection for Pipe Installation TV Inspection for Project Acceptance SEWER SYSTEM SUBTOTAL WATER SYSTEM Fees: Charges for work by City Forces: 1" Service Abandonment 6" Service Installation (8"x 6" Hot Tap) WATER SYSTEM SUBTOTAL STORM DRAIN SYSTEM Fees: Charges for Work by City Forces: TV Inspection for Pipe Installation TV Inspection for Project Acceptance STORM DRAIN SYSTEM SUBTOTAL ELEC,TRig8L SYSTEM To be billed separately by Electric Utility Department TOTAL AMOUNT OF BILLING SCHEDULE BILLING SCHEDULE EXHIBIT C Gross Acreage: 0.59 No. of Units: 9 Construction cost $59,600.00 DEVELOPER COST CREDITS $59,600) ENGFEE $ 2,980.00 $59,600) ENGINS 2,384.00 ENGFEE $ 1,542.00 ENGFEE $2,692.00 $ $ 8,056.00 $ 1,54200 PW03 1 LS @ $ 596.00 $596.00 $59600 $0.00 PW03 1 EA @ $ 1,866.00 1,866.00 52 LF @ $ 1.50 78.00 52 LF @ $ 1.50 7800 $2,022.00 $0.00 PW02 1 EA @ $ 2,193.00 2,193.00 1 EA @ $ 7,435.53 7,435.53 $9,628.53 $0.00 PW03 41 LF @ $ t 50 61.50 PW03 41 LF @ $ 1 50 61.50 $123.00 $0.00 $20,425.53 $1,542,00 ADDITIONAL FEES SB 5 200 -Year Flood Plan Certification Fee 27080000.55020 TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL I 9 LOTS @ $ 200 $1,800,00 $20,683.53 RESOLUTION NO. 2021-245 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE FINAL MAP AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR TIENDA SQUARE SUBDIVISION, TRACT NO. 4003 WHEREAS, the Tienda Square Subdivision is a medium -density residential development located near the southwest corner of the Mills Avenue and Tienda Drive intersection (previously a single-family dwelling residence) and consists of nine single-family residential lots; and WHEREAS, the project includes the installation of the public water main and all frontage and utility improvements along Tienda Drive, which are part of or appurtenant to the project; and WHEREAS, all interior improvements, with the exception of the water main, are private and will be maintained by the Home Owners Association (HOA). The private interior improvements include, but are not limited to, the shared drive, shared walls/fences, private storm drain system, and private sewer system. The HOA will include the appropriate mechanisms to assess, collect, and enforce the HOA obligations; and WHEREAS, the Developer, known as Tienda Development, LLC, 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); and WHEREAS, staff recommends approving the final map; and WHEREAS, staff also recommends authorizing the City Manager to execute an Improvement Agreement for Tienda Square Subdivision, Tract No. 4003. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the final map for Tienda Square Subdivision, Tract No. 4003; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Agreement for Tienda Square Subdivision, Tract No. 4003; 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: September 1, 2021 I hereby certify that Resolution No. 2021-245 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 1, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None JENNIFE CUSMIR City Clerk 2021-245