HomeMy WebLinkAboutAgenda Report - May 4, 2022 C-07CITY OF
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
Improvement Agreement for Gateway South Subdivision, Unit No. 4, Tract No. 4107
MEETING DATE: May 4, 2022
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. 4, Tract No. 4107.
BACKGROUND INFORMATION: Gateway South Subdivision, Unit No. 4, is the fourth phase of a multi-
phase residential development located west of Lower Sacramento
Road and north of Harney Lane, as shown on Exhibit A. Unit No. 4
consists of 93 single-family, residential lots and the project will include installation of street frontage
improvements fronting Lower Sacramento Road and all interior subdivision public improvements.
The Developer, KDK Land Company, and the Developer's Contractor, DSS Company dba Knife River
Construction, 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 Gateway South Subdivision, Unit No. 4, Tract No. 4107.
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. UQ
Charles E. Swimley, Jr.
Public Works Director
Prepared by Karissa Kiriu, Associate Civil Engineer
CES/KK/cdb
Attachments
cc. City Attorney, Magdich
Public Works Management Analyst
City Engineer/Deputy Public Works Director, Chang
Junior Engineer, Wiman
KDK Land Company
DSS Company dba Knife River Construction
MCR Engineering
APPROVED: s�clw la-
Stephen Schwabauer, City Manager
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Exhibit A
Gateway South Unit 4 Subdivision
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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 NOA
TRACT NO. 4107
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 the Surveyed Designated Remainder Parcel from
the Gateway South Unit No. 2 Map 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 4". 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 4 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
D202, which is on file in the Public Works Department.
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The Developer shall also perform or cause to be performed the following items which are
not shown on the improvement plans:
A. Street light installation and connection to City system;
B. Natural gas line installation;
C. Telephone line installation;
D. Electrical system; and
E. Cable television system.
2. 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. 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. Development Impact_ Mitigation Fees
Development Impact Mitigation Fees for water, wastewater, street improvements, storm
drain, police, fire, parks and recreation, general City facilities, and art in public places are
required for this Project. Payment of the Development Impact Mitigation Fees shall be
collected prior to issuance of Certificate of Occupancy for each dwelling. In conformance
with LMC Section 15.64.050, the fees are automatically adjusted on January 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.
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.
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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: $ 3,430,200.00
Labor and Materials: $ 3,430,200.00
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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 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 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
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. Com rehensive 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. Primary 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
Completed Operations Endorsement,
City of Lodi.
G. Continuity of Coverage
Project, a certificate of insurance with a
CG 20 37 07 04, will be provided to the
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 Comp1V
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 (15t) 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. Repair or Reconstruction of Defective Work
If, within a period of two (2) years after final acceptance by City of the work performed
under this Agreement, any structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by Developer, or any of the work
done under this Agreement, including the mitigation measures for dust and erosion
control, fails to fulfill any of the requirements of this Agreement plans and specifications
referred to herein, Developer and Developer's surety shall, without delay and without cost
to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Developer or Developer's surety fail to act
promptly or in accordance with this requirement, or should the exigencies of the case
require repairs or replacements to be made before Developer can be notified, City may,
at its option, make the necessary repairs or replacements or perform the necessary work,
and Developer shall pay to City the actual cost of such repairs plus 15 -percent for
administration and overhead costs.
18. Landscape Maintenance
Developer shall perform regular maintenance on the landscape element, including plants
and irrigation system, installed with the Project for a period of two (2) years after the final
acceptance by City. Should Developer or Developer's surety fail to act promptly or in
accordance with this requirement, or should the exigencies of the case require
maintenance to be performed before Developer can be notified, City may, at its option,
perform the necessary maintenance work, and Developer shall pay to City the actual cost
of such repairs plus 15 -percent for administration and overhead costs.
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19. Joint Trench / Dry Utility Encroachment
Developer shall be responsible for obtaining an encroachment permit issued by the City
of Lodi Public Works Department prior to commencing any joint trench or other dry utility
related work within the City's right-of-way or public utility easements.
20. Repair or Re lacement 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 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.
23. Protection of Existing_Imorovements
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.
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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
the time of mailing if sent by first class or certified mail, postage prepaid, addressed to
the respective parties.
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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
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\Lodi Southwest Gateway\Gateway South\UNIT 4\Improvement Agreement\lmpAgmt_GWS4.doc 10 3/23/22
31. 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-
Bv:
TOM DOUCETTE
President
(CORPORATE SEAL)
DSS COMPANY,
a California corporation,
dba KNIFE RIVER CONSTRUCTION
Dated:
Bv:
STEVE ESSOYAN
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated:
Bv:
STEPHEN SCHWABAUER
City Manager
ATTEST:
PAMELA M. FARRIS
Assistant City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM:
JANICE D. MAGDICH
City Attorney
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 4\Improvement
Agreement\ImpAgmt_GWS4 doc 11 3123122
EXHIBIT "A"
All of the Surveyed Designated Remainder Parcel as shown on that certain map entitled "Tract
No. 4029, Gateway South, Unit No. 2", filed for record December 9, 2021 in Book 44 of Maps
and Plats, Page 4, San Joaquin County Records, situated in the City of Lodi, San Joaquin
County, State of California, lying in the southwest quarter of Section 15, Township 3 North,
Range 6 East, Mount Diablo Base and Meridian.
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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
PW03 1 LS @ $ 2,243.00 $2,243.00
NC07 109,298 SF @ $ 0.13 $14,208.74
$16,451.74 $0.00
PW03
2,675 LF @ $ 1.60
4,975 LF @ $ 1.60
4,280.00
7,960.00
$12,240.00 $0.00
STORM DRAIN SYSTEM
BILLING SCHEDULE
EXHIBIT C
Development: Gateway South Unit No. 4
TV Inspection for Pipe Installation PW03
1,206 LF @ $ 1,60 1,929,60
Gross Acreage:
15.62
Developer: KDK Land Company
$3,859.20 $0.00
ELECTRICAL SYSTEM
No. of Units:
93
Engineer: MCR Engineering
TOTAL AMOUNT OF BILLING SCHEDULE
$234,653,94 $62,742.00
Date: 3/23/22
Construction cost
$3,430,200.00
DEVELOPER
COST
CREDITS
ENGINEERING
Plan Check Fee (5.0% of
$100,000)
ENGFEE
5 5,000.00
(3.5% of
$200,000)
ENGFEE
7,000.00
(2-5% of
$3,130,200)
ENGFEE
78,255.00
Inspection Fee (4.0% of
$250,000)
ENGINS
10,000.00
(3.5% of
$750,000)
ENGINS
26,250.00
(3.0% of
$2,430,200)
ENGINS
72,906.00
Plan Check Fee Paid
ENGFEE
$
62,742.00
Improvement Agreement
ENGFEE
$2,692.00 $
ENGINEERING SUBTOTAL
$ 202,103.00 $
62,742.00
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
PW03 1 LS @ $ 2,243.00 $2,243.00
NC07 109,298 SF @ $ 0.13 $14,208.74
$16,451.74 $0.00
PW03
2,675 LF @ $ 1.60
4,975 LF @ $ 1.60
4,280.00
7,960.00
$12,240.00 $0.00
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe Installation PW03
1,206 LF @ $ 1,60 1,929,60
TV Inspection for Project Acceptance PW03
1,206 LF @ $ 1.60 1,929.60
STORM DRAIN SYSTEM SUBTOTAL
$3,859.20 $0.00
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE
$234,653,94 $62,742.00
ADDITIONAL FEES
Reimbursement Agreement 2018-01
Lodi Shopping Center Improvements
Approximately 8.62 Acres @ $5,055.06/Acre 8.62 acres @ $ 5,055.06 $43,574.62
Approximately 7.0 Acres @ $4,654.04/Acre 7.0 acres @ $ 4,654.04 $32,578.28
SB 5 200 -Year Flood Plain Certification Fee 27080000.55020 93 LOTS @ $ 200 $18,600.00
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL $266,664.84
U
When Recorded Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2022-110
Doc 0: 2022--061451
05/12/2022 11:16:03 AM
Page: 1 of 1 Fee: so
Steve J, BestoIarides
San Joaquin County Recorders
Paid By: LODI Cy
III 11, iX �'n,.1,111811, trl�211�11td' 101
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING FINAL MAP AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT
AGREEMENT FOR GATEWAY SOUTH SUBDIVISION, UNIT NO. 4, TRACT NO. 4107
------------------------------------------------------------------------
WHEREAS, Gateway South Subdivision, Unit No. 4, is the fourth phase of a multi -phase
residential development located west of Lower Sacramento Road and north of Harney Lane;
and
WHEREAS, Unit No. 4 consists of 93 single-family residential lots and the project will
include installation of street frontage improvements fronting Lower Sacramento Road and all
interior subdivision public improvements; and
WHEREAS, the Developer, KDK Land Company, and the Developer's Contractor, DSS
Company dba Knife River Construction, 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 Section 15.64.040; and
WHEREAS, this project is part of the Community Facilities District No. 2007-1 (Public
Services) (CFD); and
WHEREAS, staff recommends approving the final map and authorizing the City Manager
to execute an Improvement Agreement for Gateway South Subdivision, Unit No. 4, Tract
No. 4107.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the final map for Gateway South Subdivision, Unit No. 4, Tract No. 4107; 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. 4, Tract No. 4107; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: May 4, 2022
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2022-110 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 4, 2022 by the following vote:
AYES: COUNCIL MEMBERS — Khan, Kuehne, Na-katftshi;tacd Mayor -Chandler
NOES: COUNCIL MEMBERS —None ` l,. I {
ABSENT: COUNCIL MEMBERS — Hothi
ABSTAIN: COUNCIL MEMBERS — None r
PAMELA M: FARRI.S' r
Asslstakt City Clerk` `
2022-110......