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HomeMy WebLinkAboutResolutions - No. 2022-179RESOLUTION NO. 2022-179 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE "LANDSCAPE MAINTENANCE AGREEMENT WITH THE CITY OF LODI" WITH CALTRANS AND A MAINTENANCE AGREEMENT BETWEEN THE CITY AND 12 WEST APARTMENTS, LLC, TO TRANSFER LANDSCAPE MAINTENANCE RESPONSIBILITIES WHEREAS, Developer, 12 West Apartments, LLC, is developing the property located at 2925 Gala Drive into an apartment complex containing 224 apartment units and is required to install certain landscape and irrigation elements along the Kettleman Lane (State Route 12) frontage; and WHEREAS, the work on Kettleman Lane requires a Caltrans encroachment permit, however, Caltrans will not issue encroachment permits or enter into agreements with private parties for this type of work; and WHEREAS, for the Developer to obtain the encroachment permit, the City must execute the landscape maintenance agreement with Caltrans; a separate maintenance agreement between the City and the Developer will transfer all Caltrans maintenance requirements from the City to the Developer; and WHEREAS, staff recommends authorizing the City Manager to execute the "Landscape Maintenance Agreement with the City of Lodi" with Caltrans and a Maintenance Agreement between the City and the Developer transferring landscape maintenance responsibilities for improvements in the Kettleman Lane (State Route 12) right-of-way to the Developer. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the "Landscape Maintenance Agreement with the City of Lodi" with Caltrans and a maintenance agreement between the City and the Developer transferring landscape maintenance responsibilities for improvements in the Kettleman Lane (State Route 12) right-of-way to the Developer; 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: July 20, 2022 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2022-179 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 20, 2022 by the following vote: AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-179