HomeMy WebLinkAboutAgenda Report - July 20, 2022 C-17CITY OF
a z
CALIFORNIA
COUNCIL COMMUNICATION
AGENDA ITEM iClm
17
AGENDA TITLE: Adopt Resolution to 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 12 West Apartments, LLC., To Transfer Landscape Maintenance
Responsibilities
MEETING DATE: July 20, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution to 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 12 West Apartments, LLC.,
to transfer landscape maintenance responsibilities.
BACKGROUND INFORMATION: Developer, 12 West Apartments, LLC., is developing the property located
at 2925 Gala Drive (west of Lodi Shopping Center) into an apartment
complex containing 224 apartment units. Developer is required to install
certain landscape and irrigation elements along its Kettleman Lane (HWY 12) frontage as shown on Exhibit A.
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. For the Developer to
obtain the encroachment permit, the City must execute the "Improvements Maintenance Agreement Within
State Highway Right of Way on Route 12 Within the City of Lodi." A separate maintenance agreement between
the City and the Developer will transfer all Caltrans maintenance requirements from the City to the Developer
and is included as part of the Council action.
Staff recommends the Council 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.
FISCAL IMPACT: There is no fiscal impact since the developer will be responsible for the landscape
maintenance.
FUNDING AVAILABLE: N/A
C2a--Q
Charles E. Swimley, Jr.
Public Works Director
CES/LC/cd
Cc Associate Civil Engineer, Kiriu
12 West Apartments, LLC
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\DEV_ SERV\Developments\Lodi Southwest Gateway\Gateway North\KETTLEMAN LANDSCAPE PLANS\MAINTENANCE
AGREEMENT\CC_ KettMaintAgmt.docx 7/6/2022
03/02/2022
TR 10 22 0082
LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF LODI
THIS AGREEMENT is made effective this day of , 20_, by and
between the State of California, acting by and through the Department of
Transportation, hereinafter referred to as "STATE" and the CITY of LODI; hereinafter
referred to as "CITY" and collectively referred to as "PARTIES".
The PARTIES hereto mutually desire to identify the maintenance
responsibilities of CITY for newly constructed or revised improvements within
STATE's right of way by Permit Number 1022-61-C-01 19.
2. This Agreement addresses CITY responsibility for the sidewalk, planting,
irrigation system, catch basin, streetlight connected to City meter
(collectively the "LANDSCAPING") placed within State Highway right of way
on State Route 12, as shown on Exhibit A, attached to and made a part of
this Agreement.
3. Maintenance responsibilities that includes, but is not limited to, inspection,
providing emergency repair, replacement, and maintenance, (collectively
hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said
Exhibit "A."
4. The degree or extent of maintenance work to be performed, and the
standards, therefore, shall be in accordance with the provisions of Section
27 of the Streets and Highways Code and the then current edition of the
State Maintenance Manual.
5. When a planned future improvement is constructed and/or a minor revision
has been effected with STATE's consent or initiation within the limits of the
STATE's right of way herein described which affects PARTIES' division of
maintenance responsibility as described herein, PARTIES will agree upon
and execute a new dated and revised Exhibit "A" which will be made a
part hereof and will thereafter supersede the attached original Exhibit "A"
to thereafter become a part of this Agreement.
5.1.The new exhibit can be executed only upon written consent of the
PARTIES hereto acting by and through their authorized representatives.
No formal amendment to this Agreement will be required.
6. CITY agrees, at CITY expense, to do the following:
6.1. CITY may install, or contract, authorizing a licensed contractor with
appropriate class of license in the State of California, to install and
03/02/2022
TR 10 22 0082
thereafter will MAINTAIN LANDSCAPING conforming to those plans and
specifications (PS&E) pre -approved by STATE.
6.2. CITY will submit the final form of the PS&E, prepared, stamped and
signed by a licensed landscape architect, for LANDSCAPING to STATE's
District Permit Engineer for review and approval and will obtain and
have in place a valid necessary encroachment permit prior to the start
of any work within STATE'S right of way. All proposed LANDSCAPING
must meet STATE's applicable standards.
6.2.1. CITY contractors will be required to obtain an Encroachment
Permit prior to the start of any work within STATE's right of way.
6.2.2. An Encroachment Permit rider may be required for any changes
to the scope of work allowed by this Agreement prior to the start
of any work within STATE's right of way
6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are
provided with adequate scheduled routine MAINTENANCE necessary
to MAINTAIN a neat and attractive appearance including providing for
water, and fertilizer necessary to sustain healthy plant growth during the
entire life of this Agreement.
6.3.1.To prune shrubs, tree plantings, and trees to control extraneous
growth and ensure STATE standard lines of sight to signs and corner
sight distances are always maintained for the safety of the public.
6.3.2. To replace unhealthy or dead plantings when observed or within
30 days when notified in writing by STATE that plant replacement is
required.
6.3.3. To expeditiously MAINTAIN, replace, repair or remove from service
any LANDSCAPING system component that has become unsafe or
unsightly.
6.4.To furnish electricity for irrigation system controls, and lighting system
controls for all street lighting systems installed by CITY.
6.5.To MAINTAIN, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway, spraying
parked and moving automobiles, spraying pedestrians on public
sidewalks, or leaving surface water that becomes a hazard to vehicular
or pedestrian/bicyclist travel.
6.6. To control weeds at a level acceptable to the STATE. Any weed control
performed by chemical weed sprays (herbicides) shall comply with all
2
03/02/2022
TR 10 22 0082
laws, rules, and regulations established by the California Department of
Food and Agriculture. All chemical spray operations shall be reported
quarterly (Form LAI 7) to the STATE to: District 10 Maintenance at 1976
E. Dr. Martin Luther King Jr. Blvd., Stockton, CA. 95205.
6.7. CITY shall ensure LANDSCAPING within the Agreement limits provide an
acceptable walking surface, and will provide for the repair of sidewalk,
planting, irrigation system, catch basin, streetlight connected to City
meter and removal of dirt, debris, graffiti, weeds, and any deleterious
item or material on or about the LANDSCAPING in an expeditious
6.8. To MAINTAIN all parking or use restrictions signs encompassed within the
area of the LANDSCAPING.
6.9.To remove LANDSCAPING and appurtenances and restore STATE
owned areas to a safe and attractive condition acceptable to STATE in
the event this Agreement is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory
conditions that require correction by the CITY. However, the non -receipt of
notice does not excuse CITY from maintenance responsibilities assumed
under this Agreement.
8. STATE shall Issue encroachment permits to CITY and CITY contractors at no
cost to them.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
9.1. Nothing within the provisions of this Agreement is intended to create
duties or obligations to or rights in third parties not party to this
Agreement, or affect the legal liability of either PARTY to this Agreement
by imposing any standard of care respecting the design, construction
and maintenance of these STATE highway improvements or CITY
facilities different from the standard of care imposed by law.
9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING to the satisfaction of STATE as provided by this
Agreement, STATE may either undertake to perform that MAINTENANCE
on behalf of CITY at CITY's expense or direct CITY to remove or itself
remove LANDSCAPING at CITY's sole expense and restore STATE's right
of way to its prior or a safe operable condition. CITY hereby agrees to
pay said STATE expenses, within thirty (30) days of receipt of billing by
STATE. However, prior to STATE performing any MAINTENANCE or
removing LANDSCAPING, STATE will provide written notice to CITY to
3
03/02/2022
TR 10 22 0082
cure the default and CITY will have thirty (30) days within which to affect
that cure.
9.3. Neither CITY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work,
authority or jurisdiction arising under this Agreement. It is understood
and agreed that STATE shall fully defend, indemnify and save harmless
CITY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or
omitted to be done by STATE under this Agreement with the exception
of those actions of STATE necessary to cure a noticed default on the
part of CITY.
9.4. Neither STATE nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work,
authority or jurisdiction arising under this Agreement. It is understood
and agreed that CITY shall fully defend, indemnify and save harmless
STATE and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation or other
theories or assertions of liability occurring by reason of anything done or
omitted to be done by CITY under this Agreement.
9.5. PREVAILING WAGES:
9.5.1. Labor Code Compliance- If the work performed under this
Agreement is done under contract and falls within the Labor Code
section 1720(a) (1) definition of a "public works" in that it is
construction, alteration, demolition, installation, or repair; or
maintenance work under Labor Code section 1771. CITY must
conform to the provisions of Labor Code sections 1720 through
1815, and all applicable provisions of California Code of
Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7.
CITY agrees to include prevailing wage requirements in its
contracts for public works. Work performed by CITY'S own forces is
exempt from the Labor Code's Prevailing Wage requirements.
9.5.2. Requirements in Subcontracts - CITY shall require its contractors to
include prevailing wage requirements in all subcontracts when the
work to be performed by the subcontractor under this Agreement
4
03/02/2022
TR 10 22 0082
is a "public works" as defined in Labor Code Section 1720(a) (1) and
Labor Code Section 1771. Subcontracts shall include all prevailing
wage requirements set forth in CITY's contracts.
10.INSURANCE:
10.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of
self-insured coverage providing general liability insurance, coverage
of bodily injury liability and property damage liability, naming STATE,
its officers, agents and employees as the additional insured in an
amount of $1 million per occurrence and $2 million in aggregate and
$5 million in excess. Coverage shall be evidenced by a certification
of self-insurance letter ("Letter of Self -Insurance"), satisfactory to
STATE, certifying that CITY meets the coverage requirements of this
section. This Letter of Self -Insurance shall also identify the location as
depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self -
Insurance with a signed copy of this AGREEMENT. A copy of the
executed Letter of Self -Insurance shall be attached hereto and
incorporate as Exhibit B.
10.2. SELF-INSURED using Contractor - If the work performed under this
AGREEMENT is done by CITY's contractor(s), CITY shall require its
contractor(s) to maintain in force, during the term of this AGREEMENT,
a policy of general liability insurance, including coverage of bodily
injury liability and property damage liability, naming STATE, its officers,
agents and employees as the additional insured in an amount of $1
million per occurrence and $2 million in aggregate and $5 million in
excess. Coverage shall be evidenced by a certificate of insurance in
a form satisfactory to the STATE that shall be delivered to the STATE
with a signed copy of this Agreement.
1 1.TERMINATION - This Agreement may be terminated by timely mutual written
consent by PARTIES, and CITY's failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
12.TERM OF AGREEMENT -This Agreement shall become effective on the date
first shown on its face sheet and shall remain in full force and effect until
amended or terminated at any time upon mutual consent of the PARTIES
or until terminated by STATE for cause.
5
03/02/2022
TR 10 22 0082
PARTIES are empowered by Streets and Highways Code Section 114& 130 to enter
into this Agreement and have delegated to the undersigned the authority to
execute this Agreement on behalf of the respective agencies and covenants to
have followed all the necessary legal requirements to validly execute this
Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day
and year first above written.
THE CITY OF LODI
By:
MARK CHANDLER
Mayor
Initiated
and Approved
By:
STEVE SCHWABAUER
City Manager
ATTEST:
By:
OLIVIA NASHED
City Clerk
By:
JANICE MAGDICH
City Attorney
6
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
STEVEN KECK
Director of Transportation
IN
MAURICIO SERRANO
Deputy District Director
Maintenance
District 10
As to Form and Procedure:
Attorney
Department of Transportation
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
AGREEMENT FOR MAINTENANCE OF IMPROVEMENTS
WITHIN STATE HIGHWAY RIGHT OF WAY ALONG
STATE ROUTE 12 FRONTAGE OF
2925 GALA DRIVE
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", 12 WEST APARTMENTS, LLC, a California
limited liability company, hereinafter referred to as "Developer".
RECITALS:
Developer is the owner of "Lot A", also known as 2925 Gala Drive (APN 058-030-09), as depicted
on the subdivision map titled "GATEWAY NORTH, UNIT NO.2" filed for record on February 14,
2020 in Book 43 of Maps and Plats, at Page 125 in the Office of the San Joaquin County Recorder
to develop an apartment complex hereinafter referred to as "Project".
Developer is required as a condition of development of the Project, to install and maintain
landscape and irrigation improvements within the Caltrans right-of-way along the State Route 12
frontage of APN 058-030-09.
The required landscape and irrigation improvements encroach into the State Route 12 right of way
and Caltrans has required that the City execute an improvements maintenance agreement to
maintain such improvements.
NOW THEREFORE, the Parties agree as follows:
1. City has entered into an agreement with Caltrans entitled "Landscape Maintenance
Agreement With The City of Lodi" dated attached hereto as Exhibit A and
hereby made a part hereof.
Developer agrees to assume all responsibilities of City under the terms of the Caltrans
Agreement for maintenance of the landscape and irrigation improvements along and within
the State Route 12 frontage of 2925 Gala Drive (APN 058-030-09) with the exception of
the public storm drainage system, public water main system and fire hydrants, and street
lights ("Area of Improvements"). The location of the Area of Improvements is shown in
Exhibit A. City is to incur no expense in the installation or on-going maintenance and repair
of the Improvements.
Developer agrees to save, defend, indemnify and hold harmless the City, its officers,
elected and appointed officials, agents, and employees, from liability of any nature
whatsoever arising from Developer's installation, or maintenance of the improvements, or
Developer's use or occupation of the Area of Improvements. It is the intent of the Parties
that neither City, its officers, elected and appointed officials, agents or employees is
responsible to any injury, damage or liability occurring by reason of anything done or
omitted to be done by Developer in the Area of Improvements.
4. Developer further agrees to save, defend, indemnify and hold harmless the City, its officers,
elected and appointed officials, agents and employees from damage of any sort
occasioned by Caltrans' entry upon, use, removal of improvements or occupation of the
Area of Improvements.
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\KETTLEMAN LANDSCAPE
PLANS\MAINTENANCE AGREEMENT\Agreement for Maintenance of Improvements (Kettleman
Apartment).docx 1 7/13/22
This Agreement shall run with the land and be binding on the Developer, its heirs,
successors or assigns.
6. Notices.
All notices herein required shall be in writing, signed by the authorized representative of
the sender and shall be deemed to have been given when the same is personally served
or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from
the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the
respective parties.
Notices required to be given to City shall be addressed as follows:
Charles E. Swimley, Jr.
Public Works Director
City of Lodi
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Matt Dobbins, Manager
David Corry, Manager
12 West Apartments, LLC
1520 W Kettleman Lane, Suite A-1
Lodi, CA 95242
7. Herein is set forth the entire agreement between the Parties. The performance of these
conditions constitutes full performance and shall relieve City of all further obligations or
claims, with respect to the installation and maintenance of the improvements located
within the Area of Improvements.
8. In the event either party hereto breaches the terms, conditions and covenants of this
Agreement, then, the prevailing party in any suit to enforce this Agreement or restrain the
breach thereof, shall in addition to any other relief or damages awarded, be entitled to a
reasonable attorney's fee and all costs of suit to be set and determined by any court of
competent jurisdiction and added to any judgment obtained.
9. 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.]
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\KETTLEMAN LANDSCAPE
PLANS\MAINTENANCE AGREEMENT\Agreement for Maintenance of Improvements (Kettleman
Apartment).docx 2 7/13/22
10. Execution
In Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto affixed.
12 WEST APARTMENTS, LLC,
a California limited liability company
Dated:
By:
MATTHEW DOBBINS
Manager
By:
DAVID CORRY
Manager
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Dated:
Bv:
STEPHEN SCHWABAUER
City Manager
ATTEST:
OLIVIA NASHED
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM:
JANICE D. MAGDICH
City Attorney
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\KETTLEMAN LANDSCAPE
PLANS\MAINTENANCE AGREEMENT\Agreement for Maintenance of Improvements (Kettleman
Apartment).docx 3 7/13/22
RESOLUTION 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
WHEN RECORDED, RETURN TO:
csst7
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
AGREEMENT FOR MAINTENANCE OF IMPROVEMENTS
WITHIN STATE HIGHWAY RIGHT OF WAY ALONG
STATE ROUTE 12 FRONTAGE OF
2925 GALA DRIVE
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a California
municipal corporation, hereinafter referred to as "City", 12 WEST APARTMENTS, LLC, a California
limited liability company, hereinafter referred to as "Developer".
RECITALS:
Developer is the owner of "Lot A", also known as 2925 Gala Drive (APN 058-030-09), as depicted
on the subdivision map titled "GATEWAY NORTH, UNIT NO.2" filed for record on February 14,
2020 in Book 43 of Maps and Plats, at Page 125 in the Office of the San Joaquin County Recorder
to develop an apartment complex hereinafter referred to as "Project".
Developer is required as a condition of development of the Project, to install and maintain
landscape and irrigation improvements within the Caltrans right-of-way along the State Route 12
frontage of APN 058-030-09.
The required landscape and irrigation improvements encroach into the State Route 12 right of way
and State of California, acting by and through the Department of Transportation (hereinafter
referred to as "Caltrans") has required that the City execute an improvements maintenance
agreement to maintain such improvements.
NOW THEREFORE, the Parties agree as follows:
1. City has entered into an agreement with Caltrans entitled "Landscape Maintenance
Agreement With The City of Lodi" dated attached hereto as Exhibit A and
hereby made a part hereof ("LMA").
2. Developer agrees to assume all responsibilities of City under the terms of the LMA for
maintenance of the landscape and irrigation improvements along and within the State
Route 12 frontage of 2925 Gala Drive (APN 058-030-09) with the exception that Developer
is not responsible for installation or maintenance of the storm drainage system; water main
system; fire hydrants; catch basin; signage; street lights; sidewalks; driveways or paved
travelways ("Improvements"). The location of the Improvements is shown in Exhibit A
("Area of Improvements"). City is to incur no expense in the installation or on-going
maintenance and repair of the Improvements.
3. Developer agrees to save, defend, indemnify and hold harmless the City, its officers,
elected and appointed officials, agents, and employees, from liability of any nature
whatsoever arising from Developer's installation, or maintenance of the Improvements, or
Developer's use or occupation of the Area of Improvements. It is the intent of the Parties
that neither City, its officers, elected and appointed officials, agents or employees is
responsible to any injury, damage or liability occurring by reason of anything done or
omitted to be done by Developer in the Area of Improvements.
4. Developer further agrees to save, defend, indemnify and hold harmless the City, its officers,
elected and appointed officials, agents and employees from damage of any sort
C:\Users\cdelbarba\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\78S8UWERWgreement for Maintenance of
Improvements (Gala Drive) (Redline)_220613_0951.docx 1 7114122
occasioned by Caltrans' entry upon, use, removal of improvements or occupation of the
Area of Improvements.
5. This Agreement shall run with the land and be binding on the Developer, its heirs,
successors or assigns.
6. Notices.
All notices herein required shall be in writing, signed by the authorized representative of
the sender and shall be deemed to have been given when the same is personally served
or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from
the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the
respective parties.
Notices required to be given to City shall be addressed as follows:
Charles E. Swimley, Jr.
Public Works Director
City of Lodi
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to Developer shall be addressed as follows:
Matt Dobbins, Manager
David Corry, Manager
12 West Apartments, LLC
1520 W Kettleman Lane, Suite A-1
Lodi, CA 95242
7. Herein is set forth the entire agreement between the Parties. The performance of these
conditions constitutes full performance and shall relieve City of all further obligations or
claims, with respect to the installation and maintenance of the landscaping and irrigation
Improvements located within the Area of Improvements.
8. In the event either party hereto breaches the terms, conditions and covenants of this
Agreement, then, the prevailing party in any suit to enforce this Agreement or restrain the
breach thereof, shall in addition to any other relief or damages awarded, be entitled to a
reasonable attorney's fee and all costs of suit to be set and determined by any court of
competent jurisdiction and added to any judgment obtained.
9. 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.]
C:\Users\cdelbarba\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\78S8UWER\Agreement for Maintenance of
Improvements (Gala Drive) (Redline)_220613 0951 docx 2 7/14122
10. Execution
In Witness Whereof, Developer and City have caused their names and corporate seals to
be hereunto affixed.
12 WEST APARTMENTS, LLC,
a California limited liability company
Dated
By
MATTHEW DOBBINS
Manager
By.
DAVID CORRY
Manager
CITY OF LODI,
a California municipal corporation
Dated.
By
STEPHEN SCHWABAUER
City Manager
ATTEST:
OLIVIA NASHED
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM:
JANICE D. MAGDICH
City Attorney
C:\Users\cdelbarba\AppData\Local\Microsoft\Windows\INetCache\Content 0utlook\78S8UWER\Agreement for Maintenance of
Improvements (Gala Drive) (Redline)_220613_0951 docx 3 7/14/22