HomeMy WebLinkAboutAgenda Report - January 5, 2022 C-07AGENDA ITEM C,.7
' CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Accepting Gateway North Subdivision, Unit No. 2 (Tract No.
3976) Public Improvements and Authorizing City Manager to Execute
Landscape Maintenance Agreement
MEETING DATE: January 5, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution accepting Gateway North Subdivision, Unit No.
2 (Tract No. 3976) public improvements and authorizing City
Manager to execute Landscape Maintenance Agreement.
BACKGROUND INFORMATION: Gateway North Subdivision, Unit No. 2, is the second phase of
the multi -phase residential development located west of
Westgate Drive and south of Kettleman Lane, as shown on
Exhibit A. Unit No. 2 consists of 107 single-family, residential lots.
The improvement agreement for the project, approved by Council on December 18, 2019, requires
the installation of all interior subdivision public improvements, a neighbor park, street improvements
on Lower Sacramento Road, underground water pipe relocation, and street improvements on
Kettleman Lane.
At the request of the developer, Blossom Land Company, the City Council agreed to partially accept
the completed portion of the public improvements on May 5, 2021 to allow the homes within the
subdivision to be built and occupied. The remaining public improvements on the neighborhood park
(Bob Johnson Park) and Lower Sacramento Road are now complete and ready to be accepted by the
City. All the required improvements have been constructed in accordance with the approved
improvement plans and City standards.
Developer provided a two-year warranty bond to cover all the public improvements under this final
acceptance. In addition, the developer is required to execute a Landscape Maintenance Agreement
to maintain the neighborhood park for two years.
Staff recommends the City Council approve the acceptance of Gateway North Subdivision, Unit No. 2,
public improvements and authorize the City Manager to execute Landscape Maintenance Agreement.
FISCAL IMPACT: There will be an increase in long-term maintenance costs for public
infrastructure and City services, such as police, fire, and parks. This
cost will be partially funded by proceeds from the Community Facilities
District No. 2007-1.
APPROVED: Steve SchwabaUer
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\C—Final Accept public
improvements_GWN2 doc 12/16/2021
Adopt Resolution Accepting Gateway North Subdivision, Unit No. 2 (Tract No. 3976) Public Improvements and Authorizing City Manager to Execute Landscape
Maintenance Agreement
January 5, 2022
Page 2
FUNDING AVAILABLE: Not applicable.
C ",us
Charles E. Swimley, Jr.
Public Works Director
Prepared by Lyman Chang City Engineer/Deputy Public Works Director
CS/LC/cd
Attachments
cc: City Attorney Magdich
Public Works Management Analyst
Utilities Manager
Senior Civil Engineer Nathan
Senior Engineering Technician Wiman
Assistant Engineer, Kiriu
Blossom Land Company
MCR Engineering
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\C_PartialAccept public improvements_GWN2.doc12/16/2021
N
Exhibit A
Gateway North, Unit 2 w- * E
S
i
0
d
a+
N�
12 Hwy 12 9-Kettleman'Lm/ Hwy 12
Legend
Neighborhood Park
Lower Sacramento Road Improvements
Kettleman Lane Improvements
, , Subdivision Boundary
Ln.
L
Primrose Dr._
0
175 350 700
Feet
Gateway North
-�
Gala Or
L
o!
�
J
c
m
O
V-
w-
c
0
iY Cameo St. 7
�
m
�
V
f6
Bob Johnson Park
{
aD
o
MClntosh Dr.
Legend
Neighborhood Park
Lower Sacramento Road Improvements
Kettleman Lane Improvements
, , Subdivision Boundary
Ln.
L
Primrose Dr._
0
175 350 700
Feet
Gateway North
-�
o!
Unit 2
c
m
V
f6
Bob Johnson Park
aD
o
J
Im
Olive
Av.
L
Bernini Wy.
r Mayfair St. Mayfair Ct.
_
L
Y
V
V
R iL
J Q.
C0—
ardo'
NI
r#
�=
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\C_ExhibitA.mxd
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
LANDSCAPE MAINTENANCE AGREEMENT
for the
GATEWAY NORTH (BOB JOHNSON) NEIGHBORHOOD PARK
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", and Blossom Land Company, a California
corporation, hereinafter referred to as "Developer".
RECITALS:
Developer has entered into an Improvement Agreement for the Public Improvements of Gateway
North, Unit 2, Tract No. 3976, hereinafter referred to as "Improvement Agreement" to construct
public improvements and the required neighborhood park hereinafter referred to as "Project".
Developer is responsible to maintain all public landscape elements installed with the Project for a
period of 2 years after the Project is accepted by the City or until the building permit for the 1001h
home is finaled, whichever term is longer per Item No. 18 in the Improvement Agreement.
City Council will accept the public improvements and dedications therein offered on the condition
that Developer will first enter into and execute this Agreement with City and meet the
requirements of the resolution accepting the Project; and
NOW THEREFORE, for and in consideration of the acceptance of the Project and dedications
offered, the parties agree as follows:
1. Landscape Maintenance Security
Developer shall execute this Agreement prior to the time of Project acceptance by City to
cover the maintenance of the constructed neighborhood park. Developer shall agree to
provide maintenance and upkeep of the landscape and hardscape elements including
weekly trash removal from the trash cans in the park for a period of two (2) years
following the date of acceptance of the improvements by the City or until the building
permit for the 100th home is finaled, whichever term is longer.
Developer shall furnish a Maintenance Security, in a form acceptable to City, in the
amount of $97,700.00 as security for the maintenance of the neighborhood part.
2. Landscape Maintenance
Developer shall perform regular maintenance to the satisfaction of the Public Works
Director on landscape and hardscape elements, including plants and irrigation systems
installed with the Project at the developer constructed park for a period as stated in Item
No.1 in this Agreement. Should Developer or Developer's surety fail to act promptly or in
accordance with this requirement, or should the exigencies of the case require
maintenance to be performed before Developer can be notified, City may, at its option,
perform the necessary maintenance work, and Developer shall pay to City the actual cost
of such repairs plus 15 -percent for administration and overhead costs.
3. 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
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\Landscape Maintenance
Agreement GWN2.doc 1 5/25/21
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:
Thomas P. Doucette
President
Blossom Land Company
10100 Trinity Parkway, Suite 420
Stockton, CA 95219
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.
4. Authority
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement.
[The balance of this page is intentionally left blank.]
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\1-andscape Maintenance
Agreement GWN2.doc 2 5125121
5. Execution
In Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto affixed.
BLOSSOM LAND COMPANY,
a Caljf�)wia corporatirefi 1
4 Oy
GEOR E K. GIB ON
Secretary 1
(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 jdm
Signature: 4a7�e D MGe(May (oon
Email: jmagdich@lodi.gov
K:\WP\DEV_ SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\Landscape Maintenance
Agreement GWN2.doc 3 5/25/21
When Recorded Please Return to: Doc #: 2022-0049$5
Lodi City Clerk 01/12/2022 10:49:35 AM
P.O. Box 3006 Page: 1 of 1 Fee: $0
Steve J. Bestolarides
Lodi, CA 95241-1910 San .Joaquin County Recorders
Paid By: SHOWN ON DOCUMENT
I
RESOLUTION NO. 2022-02
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING GATEWAY
NORTH SUBDIVISION, UNIT NO. 2 (TRACT NO. 3976) PUBLIC
IMPROVEMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT
WHEREAS, Gateway North Subdivision, Unit No. 2, is the second phase of the multi-
phase residential development located west of Westgate Drive and south of Kettleman Lane,
and consists of 107 single-family residential lots; and
WHEREAS, the improvement agreement for the project, approved by Council on
December 18, 2019, requires the installation of all interior subdivision public improvements, a
neighbor park, street improvements on Lower Sacramento Road, and underground water pipe
relocation, and street improvements on Kettleman Lane; and
WHEREAS, on May 5, 2021, Council partially accepted the completed portion of the
public improvements to allow the homes within the subdivision to be built and occupied; and
WHEREAS, all remaining public improvements on the neighborhood park (Bob Johnson
Park) and Lower Sacramento Road have been constructed in accordance with the approved
improvement plans and City standards; and
WHEREAS, the developer provided a two-year warranty bond to cover all public
improvements under this final acceptance and is required to execute a Landscape Maintenance
Agreement to maintain the neighborhood park for two years; and
WHEREAS, staff recommends accepting Gateway North Subdivision, Unit No. 2 (Tract
No. 3976) public improvements and authorizing the City Manager to execute a Landscape
Maintenance Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept
Gateway North Subdivision, Unit No. 2 (Tract No. 3976) public improvements; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City
Manager to execute a Landscape Maintenance Agreement; 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: January 5, 2022
---------------------
---------------------
I hereby certify that Resolution No. 2022-02 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 5, 2022 by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
JENNIFE CUSMIR
' City Clerk
2022-02