HomeMy WebLinkAboutAgenda Report - December 7, 2022 C-09CITY OF
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CALIFORNIA
COUNCIL COMMUNICATION
AGENDA ITEM c4b9
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Agreement
Addendum No. 2 for Gateway South Subdivision, Unit No. 3, Tract No. 4079
MEETING DATE: December 7, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION Adopt resolution authorizing City Manager to execute Improvement
Agreement Addendum No. 2 for Gateway South Subdivision, Unit No. 3,
Tract No. 4079.
BACKGROUND INFORMATION: Gateway South Subdivision, Unit No. 3, is the third phase of a multi -phase
residential development located west of Lower Sacramento Road and south
of Century Boulevard, as shown on Exhibit A. Unit No. 3 consists of 48
single-family, residential lots.
The Developer, KDK Land Company (Developer), has executed an improvement agreement and an addendum to
the improvement agreement to complete the public improvements of the Gateway South Unit No. 3 Subdivision.
KDK Land Company is also the developer of the Gateway South Unit No. 2 Subdivision and has completed all
Unit No. 2 public improvements apart from those shown on Attachment A (transferred improvements). Due to
constructability issues, the Developer desires to complete the transferred improvements under the terms of the
improvement agreement for Gateway South Unit No. 3, Tract No. 4079. All the public improvements are
expected to be completed by the end of April 2023.
The Developer has furnished the City with the necessary agreements, guarantees, insurance certificates, and
the required fees for the proposed Addendum No. 2. The terms of the improvement agreement remain
unchanged except as stated in this addendum.
Staff recommends authorizing City Manager to execute Improvement Agreement Addendum No. 2 for Gateway
South Subdivision, Unit No. 3, Tract No. 4079.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
CLQ�vo
L
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
Associate Civil Engineer, Kiriu KDK Land Company
Junior Engineer, Wiman MCR Engineering
APPROVED: .
Stephen Schwabauer, City Manager
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NORTHENGINEERING TEL: (209)239-6229
LODI, CA DATE: 11 /9/2022 125 FAX: ( 209) 239 - 8839
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
ADDENDUM NO. 2
TO THE
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
GATEWAY SOUTH UNIT NO.3
TRACT NO. 4079
THIS ADDENDUM NO. 2 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, Developer's Contractor, and City entered into the Improvement Agreement of Gateway
South Unit 3 Tract No. 4079 (AGREEMENT) dated September 2, 2021 and Addendum No. 1 to
the AGREEMENT (ADDENDUM NO. 1) on September 27, 2022 (collectively attached as EXHIBIT
A and made a part hereof).
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 Resultant Parcel B from Lot Line Adjustment
2021.339443 and more particularly described in Exhibit A and depicted in Exhibit B to the
AGREEMENT.
Developer is responsible for 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 3 Subdivision, and, in accordance with this ADDENDUM
NO. 2, the TRANSFERRED IMPROVEMENTS (defined below) transferred from the Gateway
South, Unit 2 Subdivision, collectively 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 designee (Public Improvements).
Developer's Contractor is made a party to this ADDENDUM NO. 2 solely to secure a portion of the
Insurance referred to in paragraph 15 of the AGREEMENT. Developer's Contractor has no other
obligations under this ADDENDUM NO. 2.
Developer, Developer's Contractor, and City also entered into the Improvement Agreement of
Gateway South Unit 2 Tract No. 3942 dated June 10, 2021 and Addendum No. 1 on September
20, 2022 (collectively UNIT 2 AGREEMENT) (attached hereto as EXHIBIT B and made a part
hereof).
Developer desires to have the City accept the public improvements and dedications specified
under the UNIT 2 AGREEMENT, excluding the public improvements as shown on ATTACHMENT
A of this ADDENDUM NO. 2, and also depicted on the public improvement plan set designated as
D197 which is on file in the Public Works Department (TRANSFERRED IMPROVEMENTS). The
TRANSFERRED IMPROVEMENTS will be transferred as an obligation of Developer when
constructing Gateway South, Unit 3, instead of being an obligation when constructing Gateway
South, Unit 2. Developer agrees to complete the TRANSFERRED IMPROVEMENTS under the
terms of EXHIBIT A.
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\lmpAgmt Addendum
02_G W S3. doc 1 11/14/22
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:
This document is an addendum to EXHIBIT A.
2. The terms of EXHIBIT A remain unchanged except as stated in this ADDENDUM NO. 2.
3. Developer agrees to complete the Public Improvements for Gateway South Unit No. 3
and the TRANSFERRED IMPROVEMENTS transferred from Gateway South Unit No. 2
and dedicate all required easements in which the improvements are situated no later than
April 30, 2023.
4. Developer and Developer's Contractor agree to maintain the securities and insurance
requirements as stated in EXHIBIT A for the term of this ADDENDUM NO. 2. Developer
and Developer's Contractor agree that the securities and insurance stated in EXHIBIT A
shall include the work to complete the TRANSFERRED IMPROVEMENTS for the terms
of this ADDENDUM NO. 2.
5. Prior to the approval of this ADDENDUM NO. 2 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.
6. This ADDENDUM NO. 2 shall run with the land and be binding on the Developer and
Developer's Contractor, their heirs, successors and assigns.
7. A copy of this ADDENDUM NO. 2 shall be recorded in the office of the San Joaquin
County Records, P. O. Box 1968, Stockton, California 95201-1968.
8. 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:
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
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\lmpAgmt Addendum
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9. Authority
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this ADDENDUM NO. 2.
10. Execution
In Witness Whereof, Developer, Developer's Contractor and City have caused their
names and corporate seals to be hereunto affixed.
ATTEST:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH
City Attorney
0
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
(CORPORATE SEAL)
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\lmpAgmt Addendum
02 GWS3.doc 3 11/14/22
Doc a: 2022-117614
10/11/2022 11:57:27 RM
WHEN RECORDED, RETURN TO: SteI of 26
$0
Steve City Clerk San Joaquin County Recorders
City Of Lodi Paid By: SHOWN ON DOCUMENT
Lo West Pine Street 'III � � II Ifl"
Lodi, CA 95240
I I I 1! A I III I I
ADDENDUM NO. 1
TO THE
IMPROVEMENT AGREEMENT
forthe
PUBLIC IMPROVEMENTS
Of
GATEWAY SOUTH UNIT NO.3
TRACT NO. 4079
THIS ADDENDUM is made and entered into by and between the CIAO - 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, Developer's Contractor, and City entered into the Improvement Agreement of Gateway
South Unit 3 Tract No. 4079 (AGREEMENT) dated September 2, 2021 (EXHIBIT A).
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 Resultant Parcel B from Lot Line Adjustment
2021.339443 and more particularly described in Exhibit A and depicted in Exhibit B to the
AGREEMENT.
Developer is responsible for 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 3 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 (Public Improvements).
Developer's Contractor is made a party to this ADDENDUM solely to secure a portion of the
Insurance referred to in paragraph 15 of the AGREEMENT. Developer's Contractor has no other
obligations under this ADDENDUM.
The AGREEMENT expires on September 1, 2022 and Developer has not completed the Public
Improvements and required dedications on favor of City.
Developer desires to extend the terms of the AGREEMENT, per Condition No. 7 of the
AGREEMENT, to allow additional time to complete the Public Improvements and dedications.
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. This document is an addendum to the AGREEMENT.
2. The terms of the AGREEMENT remain unchanged except as stated in this ADDENDUM.
3. Developer agrees to complete the Public Improvements and dedicate all required
easements in which the improvements are situated no later than April 30, 2023.
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\ImpAgmt Addendum
01 GWS3.doc 1 9/1/22
4. Developer and Developer's Contractor agree to maintain the securities and insurance
requirements as stated in the AGREEMENT for the term of this ADDENDUM.
5. Prior to the approval of the ADDENDUM 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 B, and by this reference made a part hereof as
though fully set forth.
6. This ADDENDUM shall run with the land and be binding on the Owner, its heirs,
successors and assigns.
7. A copy of this ADDENDUM shall be recorded in the office of the San Joaquin County
Records, P. O. Box 1968, Stockton, California 95201-1968.
8. 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:
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
9. Authori
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 3\Improvement Agreement\lmpAgmt Addendum
01 GWS3.doc 2 9/1/22
10• Execution
,,,�tttsrr;r►
In Witness Whereof, Developer and City have caused their names and corporate sealsjo.
be hereunto affixed.
; ,,. • ,�
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KDK LAND COMPANY,
;� ?; ' �'^•� �':
a California corporation
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9 17121q,-
L� fo
Dated:
C
r
ldin
TOM DOUCETTE
• : � ' ir,�,� tLti4
!.; 1! t
President
(CORPORATE SEAL)
DSS COMPANY,
a California corporation,
dba KNIFE RIVER CONSTRUCTION
Dated. • 2 2
By:
STEVE ESSOYAN
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Da ? 2Z
STE B
City Manager
ATTEST:
OLIVIA NASHED
City Clerk
(CORPORATE SEAL)
APP OVER AS TO FORM:
NICE D AGDiCH
City Affo-rney
K:1WP\DE\ SERV1DevelopmentslLodi Southwest Gateway\Gateway SouthIUNIT 31lmprovement AgreementllmpAgmt Addendum
01 GWS3.doc 3 911122
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin )
On September 7, 2022
before me, Cindy Freitas, Notary Public
(insert name and title of the officer)
personally appeared Tom Doucette
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
...�
CINDY FREITAS
Notary Public - California
San Joaquin County
Commission # 2272650
My Comm. Expires Jan 17, 2023
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin
On September 7, 2022 before ine Cindy Freitas, Notary Public
(insert name and title of the officer)
personally appeared Steve Essoyan
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Signature
*My
CINDY FREITAS
Notary Public - California
San Joaquin County
Commission N 2272650
Comm. Expires Jan 17, 2023
(Seal)
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of San Joaquin
On OAD hey 5 2022, before me, Pamela M. Farris, Notary Public,
personally appeared„
who proved to me on the basis of satisfactory evidence to be the persons whose
nameW is/af=o subscribed to the within instrument and acknowledged to me that
hem executed the same in his/hod#t& authorized capacity and that by
his/4&0#k@if signatures on the instrument the person, or the entity upon behalf of
which the persons acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
PAMELA M. FAMpISi
Comm. #2329705
Notary Public -California ,
San Joaquin County
Comm. Expires Jul 14, 2424
WITNESS my hand and official seal.
i'.a `
Pame M. Farris
Notary Public, San Joaquin County
Commission No. 2329705
Expires 07/14/2024
0 If marked, then attached pages will bear embossment of above notary.
Copyright 2015 California Notary Academy, PO Box 729, Oakley, California 94561 - www.californianotaryacademy.com
EXHIBIT A
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT AGREEMENT
forthe
PUBLIC IMPROVEMENTS
of
GATEWAY SOUTH UNIT NO.3
TRACT NO. 4079
Doc 9: 2021-152843
09/10/2021 11:47:55 AM
Page: l of 19 Fee: so
Steve J. Bestolarides
San Jonquin County Recorders
Paid ny: SHOWN ON WCUMENT
1 11; 1 FIT
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 Resultant Parcel B from Lot Line Adjustment
2021.339443 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 3". 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
erein;
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 3 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
D200, which is on file in the Public Works Department.
K:IWPIDEV_SERVIDevelopmentslLodi Southwest Gateway\Gateway South\UNIT 31lmprovement Agreementl1mpAgmt_GWS3 doc 1 7/26/21
The Developer shall also perform or cause to be performed the following items which are
not shown on the improvement plans:
A. Neighborhood Park Improvements which will be covered under a separate
improvement agreement. The improvement agreement for the neighborhood
park shall be fully executed prior to the Project acceptance by the City.
B. Street light installation and connection to City system;
C. Natural gas line installation;
D. Telephone line installation;
E. Electrical system; and
F. Cable television system.
2. Develooment Chances
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 Ci
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.
K:1WPIDEV_SERV1DevelopmenlslLodl Southwest GatewaylGateway South\UNIT 31lmprovemenl AgreementllmpAgmt GWS3 doc 2 7/26/21
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, 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 Develo er
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 Cit
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 Secu- rity
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: $ 2,167,700.00
Labor and Materials: $ 2,167,700.00
K:1WPIDEV_SERVtDevelopmentslLodl Southwest Gateway\Gateway South1UNIT 311mprovement AgreemenBImpAgmt_GWS3 doc 3 7/26/21
13. Warranty Securi
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 A reement
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. V
Vorker's Cornioenatiian 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
K:\WP\DEV_SERV\Developments\LodI Southwest Gateway\Gateway South\UNIT UmprovementAgreementllmpAgmt GWS3 doc 4 7/26/21
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. Comprehensive 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
$10,000,000 General Aggregate
2. COMPREHEN$IVE 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 at 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, f=urthermore, the requirements for
K:kWPIDEV_SERV1Developments\Lodi Southwest Gateway\Gateway South\UNIT 31lmprovemenl Agreementl1mpAgmt_GWS3 doe b 7/26/21
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
20 01 04 13.
C. Severabilily 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 CaveraQe
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 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 Co_veraae
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.
K:\WPIDEV_SERV\Developments\Lodl Southwest GstewoGatewsy South\UNIT 3\lmprovement AgreementllmpAgmt_GWS3 doe d 7126121
H. Failure to Comply
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 (18) day of the month following the City's nonce.
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 Imorovements
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. 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."
19. Mud, Debris, Oust an _Efosion
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
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT limprovement AgreementllmpAgmt GWS3 doc 7 7/26/21
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.
20. 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.
21, 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.
22, Dwelling Dccuoancv
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.
23. 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.
24. 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
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 311mprovementAgreementllmpAgmt_GWS3 doc 8 7126121
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.
25. Breach of Agreement= Performance by Surety or Cit
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.
26. This Agreement shall run with the land and be binding on the Owner, its heirs, successors
and assigns.
27. 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:
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
K:%WP%DEV SERV1DevelopmentalLodl Southwest Gateway\Gateway South\UNIT 3\lmprovement Agreament\lmpAgmt GWS3 doc 5 7128121
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.
28. Authorit
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:1WP%DEN _SERV%Developmente%Lodl Southwest GatewoGateway SouthlUNrr 31lmprovement Agreement%ImpAgmt GWS3 doc 10 7128121
29. 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: Z
By:
TOM DOUCETTE
President
(CORPORATE SEAL)
DSS COMPANY,
a California corporation,
dba KNIFE RIVER CONSTRUCTION
Dated: �' G • ?'
By. --
STEVE ESSOYAN
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
C
Dated: I dho �l
8
STEP12MN SCHW913AUER
City Manager
ATTE
IFR SMIR
ity Clerk
(CORPORATE SEAL)
APP D AS TO FORM:
ANILE D. AGDICH
ey
K:\WPIDEV_SER%ADevelopmenta\Lodl Southwest GalewaylGateway South\UNIT Umprovement AgreementllmpAgmt GWS3 doc 11 7/26/21
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin
On August 6, 2021 before me,
personally appeared Tom Doucette
Cindy Freitas- Notary Public
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. CINDY FREITAS
Notary Public • California
a
W Joaquin County
Commission # 2272650
' My Camm, Expires Jan 17, 2023
Signature (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin
On August 6, 2021
before me, Cindy Freitas- Notary Public
(insert name and title of the officer)
personally appeared Steve Essoyan
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
aMy
CINDYFREITAS
Notary Public . California
San Joaquin County
Commission q 2272650
Comm. Expfres Jan 17, 2023
(Seal)
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of San Joaquin
On�before me,
Linda Tremble, Notary Public
II-- ^^�• &",
(insert name and title of the officer)
personally appeared S 4e,P t/lu�
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
LINDA TREMBLE
WITNESS my hand and official seal. m W a COMM. #2217075
■ NOTARY PUSUG • CALIFORNIA
FU— SAN JOAQUIN COUNTY
6 � fFOR
r�Y comm. E><plreA OCT 7, 2021
Signature
��Wu�'
Linda Tremble, Notary Public Commission No. 2217075 Expires 10/07/2021
2021-039443 Page 16 of 18
03/03/2021 10:33:38 AM
EXHIBIT'�A,t
All of the Surveyed Designated Remainder Parcel as shown on that certain map entitled "Tract No,
3941, Gateway South, Unit No, 1", filed for record October 23, 2020, in Book 43 of Maps and Plats,
Page 144, San Joaquin County Records, and all of Parcel Two and Parcel Three as described In
that certain Grant Deed recorded September 19, 2018 In Document No. 2018-104419, San
Joaquin County Records, lying east of the following described line, being more particularly
described as follows:
BEGINNING at the southeast (SE) comer of Lot 41 as shown on last said map, also being the
south terminus of the west right-of-way line of Van Rulten Drive; thence leaving said corner the
following twenty-two (22) courses: (1) along an are of a curve concave to the northwest, from a
radial line bearing South 78°03'38" East, having a radius of 1172.50 feet, a central angle of
00017'57" and an are length of 6,12 feet; (2) along an arc of a tangent reverse curve concave to
the southeast, from a radial line bearing North 77°45'41" West, having a radius of 3027,50 feet, a
central angle of 01 032'58" and an arc length of 81.87 feet; (3) South 52°20'47" West, 23.01 feet;
(4) South 11 60312" West, 52.41 feet; (5) South 36"30'24" East, 22.18 feet; (6) along an arc of
a curve concave to the southeast, from a radial line bearing North 80054'09" West, having a radius
of 3027,50 feet, a central angle of 03015'33" and an are length of 17221 feet; (7) South 4904520"
West, 21.18 feet; (8) along an are of a curve concave to the southwest, from a radial line bearing
North 03039'10" East, having a radius of 2525.00 feet, a central angle of 00009'58" and an arc
length of 7.31 feet; (9) South 03"29'13" West, 50.00 feet; (10) along an arc of a curve concave
to the southwest, from a radial line bearing North 03°39'13" East, having a radius of 2475,00 feet, a
central angle of 00007'53" and an arc length of 5.67 feet; (11) South 40"58'55" East, 21.03 feet;
(12) along an are of a curve concave to the east, from a radial line bearing North 85040'10" West,
having a radius of 3027.50 feet, a central angle of 03"17'15" and an are length of 173.71 feet; (13)
South 47°34'37° West, 20.92 feet; (14) South 00"31'15" East, 50.17 feet, (15) South 43°04'54"
East, 21.35 feet; (16) along an are of a curve concave to the northeast, from a radial line bearing
South 89°31'53" West, having a radius of 3027.50 feet, a central angle of 03008'25" and an arc
length of 185,93 feet; (17) South 4T29'01" West, 22.24 feet; (18) North B9023'53" West, 5.23
f8at; (19) South 00°36'07" Wesl, 52.00 feet; (20) South 89°23'53" East, 10.69 feet; (21) South
47016'23" East, 22.92 feet; and (22) along an arc of a curve concave to the northeast, from a
radial line bearing South 84°48'06" West, having a radius of 3027.50 feet, a central angle of
021141'04" and an arc length of 141,84 feet to the south line of said Parcel Two and the terminus of
sold line.
And lying west of the following described line, being more particularly described as follows:
BEGINNING at the southeast (SE) corner of Lot 49 as shown on last said map, also being the
south terminus of the west right-of-way line of Blossom Drive; thence leaving said corner the
following twenty-four (24) courses; (1) South 12°09'07" East, 89.99 feet; (2) South 35°31'45"
West, 18.77 feet; (3) along an arc of a curve concave to the northwest, from a radW Nis bearing
South 06°45'15" East, having a radius of 2729.00 feet, a central angle of 00°07'55" and an arc
length of 6.29 feet; (4) South 06137'20" East, 50.00 feet; (5) along an arc of a curve concave to
Page 3 of 5
20.OMURVEYINGIAWPINGALM-025 LLA -POST LEGALdwg
2021-039443 Page 17 of 18
03/03/202110:33:38 AM
VL�ieR W
the northwest, from a radial ilne hearing South 0677'20" East, having a radlus of 2779,00 foot, a
r.antra] nnglo of 00'14'59' Wan are length of 12.11 in at; (6) South 54'32'38' East, 16.04 font;
(7) Soul 12°09'07" East, 117.46 lice 1, (8) along an arc 01 a tonfront cuwo concave Io the
soulliwoal, from a radial line Iraaimg Norlif 77'50'53" East, having it radius of 1966.00 fent, a
central angie of 01'51'07" and an urc lei Kjlh c163.52 feel; (9) Soulh 36°12'513" West, 16,78 fo01;
(10) olnng an aro of a curve COMM 0 to the nudlTwesl, Isom a rad let 11no bowing Soulh07011'33"
East, having a radius of 2!3&3.00 too 1, a conIts I angio of 0005'55' and an aro length o16.00 feel;
(11 ) South 07104'38' East, 50.00 faa1; (12) along an aro o! a curve oonee vo to Iho norlhwout,
from a radial Ilno boaJny South 07'44'98` East, ilsving a nidlus of 3033.00 Is a1, a cantral angle of
40.09'20" end an arc fanglh of 8.24 toot; (13) South 62°41'43" f=ast, 15.84 foe!; (14) along an
alc o' a curve concave to I h o southwest, from a radial Ilno bearing North 81 *51WrEaet, having a
radius of 196500 fool, a csnlial angle of 05'16'29' and an arc length of 180.84 feel; (16) SCA)lh
39°57'49' Was f, 16.9 1teal; (16) along an arc of a curve con cava to the northwest, from a rad [at
line hoaOng South 47°07'45" East, having a radius of 3237.00 foal, a cential ongla of 00'05'58"
air an arc Ienglh 015.61 foe1; (17) South 07°01'47" Esul, 50.00 fool; (18) 3oulh 48'51'20" Easl,
20.t2lost; If 9) along sn arc of a curve concave to the ureal, from a radlnl Ilne hoering Nodh
80121'55' East, having a radius of 1907.50 feet, a conlral angle of 01'14'86' and an arc length al
42.691491: (20) Soulh 00'38'31" Wasl, 351.94 f set; (21) South 45'38'31' Weal, 20,30 loot;
(2 2) North 86'23'29" We sl, 342.95 fee 1; (23) South 00'36'31" west, 302.70 feat; and (24)
Soulh 10°33'34° W90, 16.75 fool to the west Ilno of sold Parcel Three and the lerminus of Bald
line,
Caeialning 1728 acnes, mare or lass.
SEC 9 SEC 10
SEC 16 SEC 15
a
2021-039443 Page 10 of 18
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SEC 16 SEC 15A-7
CITY OF LODI -CITY OF LODI
9EC 21 SEC 22T—
T3N,iReE SAN JOAQUIN COUNTY HARNEY LANE SAN JaA❑uIN cvuNTr
( SEC 22 �
I
%*.'BASIS OF BEARINGS:
THE WEST LINE OF SECTION 15 TOWNSHIP 3 NORTH, FLANGE B EAST, MOUNT DIABLO BASE AND MERIDIAN BEARS NORTH 00'10'41" WEST,
AS DEPICTED ON THAT CERTAIN MAS' FILED FOR RECORD IN BOOK 26 OF PARCELMAPS PAGE 38 SAN JOAQUIN COUNTY RECORDS
GROUND LEV%D sANCES AND LL 6EARINGI§ MUST BE MUDLTIPLIED8YRE0.99995210 TO STAIN GRID DISTANCES.SCALE:1"-400'
MCR ENGINEERING, INC,
MCIR1242 DUPONT COURT
MANTECA, CA 95336
ENGINEERING TEL: (209)239-6229
FAX: (209)239-8839
LODI.
EXHIBIT IIBII Y.
LOT LINE ADJUSTMENT
SEC 15
Ir'=
DFB
12111/20
1 of 4
10-025 LA.d"
Development: Gateway South Unit No. 3
Developer KDK Land Company
Engineer: MCR Engineering
Date: 7/20/21
ENGINEERING
Plan Check Fee (5.0% of
(3 5% of
(2.5% of
Inspection Fee (4.0% of
(3.5% of
(3.0% of
Plan Check Fee Paid
Improvement Agreement
ENGINEERING SUBTOTAL
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
STORM DRAIN SYSTEM
Fees:
Charges for Work by City Forces:
TV Inspection for Pipe Installation
TV Inspection for Project Acceptance
STORM DRAIN SYSTEM SUBTOTAL
ELECTRICAL SYSTEM
To be billed separately by Electric Utility Departmen
TOTAL AMOUNT OF BILLING SCHEDULE
ADDITIONAL FEES
Reimbursement Agreement 2003-04
Harney Lane Sanitary Sewer Lift Station
Approximately 0.8 Acres at $6,293.06/Acre
BILLING
SCHEDULE
EXHIBIT C
Gross Acreage:
17.28
No. of Units:
48
Construction cost
$2,167,700 00
DEVELOPER
COST
CREDITS
$100,000)
ENGFEE
$ 5,000.00
$200,000)
ENGFEE
7,000.00
$1,867,700)
ENGFEE
46,692.50
$250,000)
ENGINS
10,000.00
$750,000)
ENGINS
26,250.00
$1,167,700)
ENGINS
35,031.00
ENGFEE
$
73,637.00
ENGFEE
$2,692.00 $
$ 132,665.50 $
73,637.00
PW03 1 LS @ $ 2,243.00 $2,243.00
NC07 119,234 SF @ $ 0.13 $15,500.42
$17,743,42
PW03
$0.00
3,547 LF @ $ 1 50 5,320.50
4,747 LF @ $ 1.50 7,120.50
$12,441.00 $0.00
PW03 2,059 LF @ $ 1.50 3,088.50
PW03 2,059 LF @ $ 1.50 3,08850
$6,177.00 $0.00
$169,026.92 $73,63700
0.70 acre @ $ 6,29306 $4,405.14
Reimbursement Agreement 2005-01
Legacy Estates Unit #1 Tract No. 3260
Approximately 0.6 Acres at $5,775.24/Acre
Reimbursement Agreement 2018-01
Lodi Shopping Center Improvements
Approximately 6. 18 Acres @ $4,708.43/Acre
Approximately 11.1 Acres @ $4,334.92/Acre
Approximately 0.70 Acres @ $3,897.29/Acre
SS 5 200 -Year Flood Plain Certification Fee 27080000.55020
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL
Signature:
Email: jmagdich@lodi.gov
DEVELOPER
COST
0.70 acre @ $ 5,775.24 $4,042.67
6.18 acres @ $ 4,708.43 $29,098.10
11.1 acres @ $ 4,334.92 $48,117.56
0.70 acres @ $ 3,897.29 $2,728.10
48 LOTS @ $ 200 $9,600.00
$193,381.49
CREDITS
BILLING SCHEDULE
Development: Gateway South Unit No. 3
Developer: KDK Land Company
Engineer: MCR Engineering
Date: 9/11/22
ENGINEERING
Improvement Agreement Addenda ENGFEE
ENGINEERING SUBTOTAL
STREET SYSTEM
Fees:
Storm Water Inspection Fees PW03 8 months @ $
(Charge for 8 additional
months of inspections)
STREET SYSTEM SUBTOTAL
TOTAL AMOUNT OF BILLING SCHEDULE
TOTAL DUE PRIOR TO IMPROVEMENT AGREEMENT ADDENDA APPROVAL
I
EXHIBIT B
DEVELOPER
COST CREDITS
$971.00 $0.00
$971.00 $0.00
198.00 $1,584.00 $0.00
$1,584.00 $0.00
$2,555.00 $0.00
$2,555.00
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
ADDENDUM NO. 1
TO THE
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
GATEWAY SOUTH UNIT NO.2
TRACT NO. 3942
Doc 4: 2022-092177
08/01/2022 02:56:43 PM
Page: i of 25 Fee: $0
Steve J. Sestolarldes
San .10aquin County Recorders
Paid By : SHOWN ON DOCUMNT
FAIR
THIS ADDENDUM 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, Developer's Contractor, and City entered into the Improvement Agreement of Gateway
South Unit 2 Tract No. 3942 (AGREEMENT) dated June 10, 2021 (EXHIBIT A),
Developer is the developer of that certain real properties situated in the City of Lodi, County of
San Joaquin, commonly known as Parcel 3 (A.P.N. 058-040-004), Parcel 4 (A.P.N. 058-040-05),
Parcel A.P.N. 058-040-130, and Resultant Parcel C from Lot Line Adjustment (LLA 2021.339443)
and more particularly described in Exhibit A and depicted in Exhibit B to the AGREEMENT.
Developer is responsible for 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 2 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 (Public Improvements).
Developer's Contractor is made a party to this ADDENDUM solely to secure a portion of the
Insurance referred to in paragraph 15 of the AGREEMENT. Developer's Contractor has no other
obligations under this ADDENDUM.
The AGREEMENT expires on June 9, 2022 and Developer has not completed the Public
Improvements and required dedications on favor of City.
Developer desires to extend the terms of the AGREEMENT, per Condition No. 7 of the
AGREEMENT, to allow additional time to complete the Public Improvements and dedications.
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. This document is an addendum to the AGREEMENT.
2. The terms of the AGREEMENT remain unchanged except as stated in this ADDENDUM.
3. Developer agrees to complete the Public Improvements and dedicate all required
easements in which the improvements are situated no later than November 30, 2022.
K:1W PIDEV_SERV\DevelopmentslLodi Southwest GatewaytGateway South!UNIT 2'1Improvement AgreementllmpAgmt Addendum
01_GWS2 doc 1 5/16122
4. Developer and Developer's Contractor agree to maintain the securities and insurance
requirements as stated in the AGREEMENT for the term of this ADDENDUM.
5. Prior to the approval of the ADDENDUM 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 B, and by this reference made a part hereof as
though fully set forth.
6. This ADDENDUM shall run with the land and be binding on the Owner, its heirs,
successors and assigns.
7. A copy of this ADDENDUM shall be recorded in the office of the San Joaquin County
Records, P. O. Box 1968, Stockton, California 95201-1968.
8. 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:
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
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.]
K:%WP1DEV_SERVlDevelopments}Lodi Southwest GatewayiGateway South\UNIT 211mprovement AgreementllmpAgmt Addendum
01_GWS2 doc 2 5/16122
10. 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: 5 25 zy
By:
�~
TOM DOUCEfTE
President
(CORPORATE SEAL)
DSS COMPANY,
a California corporation,
dba KNIFE RIVER CONSTRUCTION
Dated: •'LZ
By:
STEVE ESSOYAN
President
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
Da r ' G0 • !i'�
B.
STE
City Manager
ATTEST:
OLIVIA NASHED
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM:
TJN ED. AGDICH
o�
KAWPOEV SERV1DevelopmentslLodi Southwest GatewaoGateway SouthWNiT 2umprovement AgreementllmpAgmt Addendum
01_GWS2.dx 3 5116122
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin
On May 25, 2022 before me, Cindy Freitas, Notary Public
(insert name and title of the officer)
personally appeared Tom Doucette
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Signature
(Seal)
a CINDY FREITAS
Notary Public - California
' San Joaquin County n
x = Commission q 2272650
"`° ' My Comm. Expires Jan 17, 2023
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of San Joaquin
On May 25, 2022
before me, Cindy Freitas, Notary Public
(insert name and title of the officer)
personally appeared Steve Essoyan
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
r CINDY FREITAS
" Notary Public • California z
San Joaquin County >
Commission k 2272650
My Comm. Expires Jan 17, 2023
(Seal)
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of San Joaquin
On. � )ri I
personally
, 2022, before me, Pamela M. Farris, Notary Public,
who proved to me on the basis of satisfactory evidence to be the persons whose
named is/c-w-- subscribed to the within instrument and acknowledged to me that
hem executed the same in his/heAheif authorized capacity and that by
his/her signature* on the instrument the person(o, or the entity upon behalf of
which the person(a) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
M. FARiiIS#2329705LviF:
k -California ,uin County
JulOMM. is 14, 2D24
WITNESS my hand and official seal.
Pamela M. Farris
Notary Public, San Joaquin County
Commission No. 2329705
Expires 07/14/2024
Cl If marked, then attached pages will bear embossment of above notary.
Copyright 2015 California Notary Academy, PO Box 729, Oakley, California 94561 - www.californianotaryacademy.com
EXHIBIT A
WHEN RECORDED, RETURN T0:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 96240
Doc p: 2021-104802
06/18/2021 12:03:25 PM
Page: I of 29 Fee: $0
Steve J Qestolarldes
San ,roaquin County Recorders
Paid By: SHOWN ON DOCUMENT
mill III;I ka 1.1valillip
I'll fIrlioll 1, 016-1 M111 I
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
GATEWAY SOUTH UNIT NO.2
TRACT NO. 3942
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 properties situated in the City of Lodi,
County of San Joaquin, commonly known as Parcel 3 (A.P.N. 058-040-004), Parcel 4 (A.P.N.
058-040-05), Parcel A.P.N. 058-040.130, and Resultant Parcel C from Lot Line Adjustment (LLA
2021.339443) 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 2". 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 2 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
D197, which is on file in the Public Works Department.
C:lUsersuahrlsly%ppDalalLocallMicrosofllWindowsuNelCache%Conlenl 0u11ooklYX9NKKC0%1mpAgml_GWS2 000 1 3124121
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 Q
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
trough 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
irripmvements 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 l=ees 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 1°l of each
year. Fees may also be added ar 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.
C:%Users%tO6stylNpp0atalLocolWllarosotilWindow9liNalCacilelConlenl.oullooklYXgNKKCCUmpAgml GWs2doc 2 3124121
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. PermjtsCoMpliance 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 Cily
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: $ 6,519,500.00
Labor and Materials: $ 6,519,500.00
13. Warranty Security
Prior to acceptance of the Project improvements by City, Developer shall fumish warranty
security of at least 10 percent of the total cost of the public improvements required to be
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constructed, as security for repair or replacement of defective work as provided under
Paragraph 17 and for the landscape maintenance work security as specified under
Paragraph 18 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, Mold -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 Devetoper 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
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.
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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. Comprehensive 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 Clty'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 610 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
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
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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!65) 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
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
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 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 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 Developers
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.
H. Failure to Complv
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
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insurance. Developer or Developer's Contractor shall reimburse the City for
premiums paid, with interest an 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 (111t) 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 Insurerfs)
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-, Vf" 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 deflective 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 landscape elements, including plants
and irrigation systems 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.
19. Reppir 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
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the other obligations shown in the City's Policies and Procedures entitled "Metering Water
Usage of New Water Mains Requiring Temporary Bypasses."
20. 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.
21. 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.
22. 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.
23. 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
Developers 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.
24. 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.
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25. Notice of Breach and Oefault
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.
26. 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.
27. This Agreement shall run with the land and be binding on the Owner, its heirs, successors
and assigns.
28. Notices.
All notices herein required shall be in writing, signed by the authorized representative of
the sender and small 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:
Tom Doucette
President
KDK Land Company
10100 Trinity Parkway, Suite 420
Stockton, CA 95219
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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.
29. 1 u, oritV
The undersigned hereby represent and warrant that they are authorized by the parties to
execute this Agreement-
[The
greement
[The balance of this page is intentionally left blank.]
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30. 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: q 1-u /-N
TOM DOUCETTE
President
(CORPORATE SEAL)
DSS COMPANY,
a California corporation,
dba KNIFE RIVER CONSTRUCTION
Dated: 4`27' V
By:
--
Name: S';rlvts Esz �ca.,ll
Title:
P��s�ae•r
(CORPORATE SEAL)
CITY OF LODI,
a California municipal corporation
❑ ted. IQ,4 [
By
STEP WABAU
;;
City Manager
ATTEST: �7
III
JENNIFER CUSMIR
r ' City Clerk
(CORPORATE SEAL)
APP OVED AS TO FORM:
r
A(VIC D- MAGDICH
City- rney
C:1UsemfthdoWAppDataUzwfWlb=MWndowsVNetCachalContent.OutlooklYXGNKK000mpApmt GWS2.doc 11 3/24/21
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of San Joaquin
On i i , 2021, before me, Pamela M. Farris, Notary Public,
personally appeared, r,
who proved to me on the basis of satisfactory evidence to be the person{o whose
named is/afe subscribed to the within instrument and acknowledged to me that
hem executed the same in hisl4e##ie4- authorized capacity¢iee� and that by
hisl-her*+&w signatures on the instrument the personal, or the entity upon behalf of
which the persons acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct,
r uOr. ��rs
canna,. 0232MS
-- L ionW 14, 20)24r
WITNESS my hand and official seal.
Pame a M. Farris
Notary Public, San Joaquin County
Commission No. 2329705
Expires 07/14/2024
O If marked, then attached pages will bear embossment of above notary.
0 Copyright 2015 California Notary Academy, PO Box 129, Oakley, California 94561 - ww. .Californianotaryacademy.com
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin
On April 21, 2021
before me, Cindy Freitas- Notary Public
(insert name and title of the officer)
personally appeared Tom Doucette
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
QMy
CINDY FREMAS
Notary Public - CaliforniaSen Joaquin CountyCommfsslon k 2272650 Comm. Expires Jan 17, 2023
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
—validity of that document.
State of California
County of San Joaquin
On April 27, 2021 before me, Cindy Freitas- Notary Public
(insert name and title of the officer)
personally appeared Steve Essoyan
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
CINDY FRERAS
• Notary Public • California
San Joaquin County
Commlislon B 2272650
Aly Comm. Expires Jan 17, 2023
(Seal)
"EXHIBIT A"
PARCEL THREE:
COMMENCING FOR A BEGINNING AT A POINT 495 FEET NORTH OF THE QUARTER SECTION CORNER
COMMON TO SECTIONS 15 AND 22, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND
MERIDIAN; THENCE RUNNING NORTH ON THE HALF SECTION LINE, 495 FEET; THENCE WEST 1323 FEET;
THENCE SOUTH 495 FEET; THENCE EAST 1323 FEET TO THE POINT OF BEGINNING.
PARCEL FOUR:
ALL THAT REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN
JOAQUIN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH HALF OF THE EAST 30 ACRES OF THE SOUTH SO ACRES OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LANDS:
BEGINNING AT AN IRON ROD ON THE NORTH LINE OF THE COUNTY ROAD KNOWN AS HARNEY LANE,
WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
15; THENCE NORTH 00 00'45" WEST ALONG SAID WEST LINE, 348,5 FEET TO AN IRON ROD; THENCE
SOUTH 89' 15' EAST AND PARALLEL TO THE SOUTH LINE OF SAID QUARTER -QUARTER, 1,000 FEET TO
THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO EDWARD FREDERICK AND MARGARET
FREDERICK, HIS WIFE, DATED APRIL 16,1951 AND RECORDED APRIL 18, 1951 IN BOOK 1337 OF OFFICIAL
RECORDS, PAGE 319, SAN JOAQUIN COUNTY RECORDS; THENCE SOUTH 00 00'45" EAST AND PARALLEL
TO THE WEST LINE OF SAID QUARTER -QUARTER, 348.5 FEET TO°AN IRON ROD IN THE NORTH LINE OF
SAID HARNEY-LANE; THENCE 89° 15' WEST, 1,000 FEET TO THE POINT OF BEGINNING.
APN: 058-040-13:
THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF SAN JOAQUIN, CITY OF LODI, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 3
NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE COUNTY ROAD KNOWN AS HARNEY LANE, SAID
POINT BEING 1000 FEET EASTERLY AND 30 FEET NORTH OF THE SOUTHWEST CORNER OF SAID
QUARTER -QUARTER; THENCE NORTH 89° 15' WEST, PARALLEL TO AND 30 FEET DISTANT FROM THE
SOUTH LINE OF SAID QUARTER -QUARTER, 125 FEET TO A POINT; THENCE NORTH 00 00' 45" WEST AND
PARALLEL TO THE WEST LINE OF SAID QUARTER -QUARTER, 348.5 FEET TO A POINT; THENCE SOUTH 89"
14' EAST AND PARALLEL TO THE SOUTH LINE OF SAID QUARTER -QUARTER, 125.0 FEET, THENCE SOUTH
00 00'45" EAST AND PARALLEL TO SAID WEST LINE, 348.5 FEETTO THE POINT OF BEGINNING.
RESULTANT, PARCEL C:
ALL OF THE SURVEYED DESIGNATED REMAINDER PARCEL AS SHOWN ON THAT CERTAIN MAP ENTITLED
"TRACT NO. 3941, GATEWAY SOUTH, UNIT NO. 1", FILED FOR RECORD OCTOBER 23, 2020, IN BOOK 43
OF MAPS AND PLATS, PAGE 144, SAN JOAQUIN COUNTY RECORDS, AND ALL OF PARCEL TWO AND
PARCEL THREE AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED SEPTEMBER 19, 2018 IN
DOCUMENT NO. 2018-104419, SAN JOAQUIN COUNTY RECORDS, LYING EAST OF THE FOLLOWING
DESCRIBED LINE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEG INNING AT THE SOUTHEAST (SE) CORNER OF LOT 49 AS SHOWN ON LAST SAID MAP, ALSO BEING
THE SOUTH TERMINUS OF THE WEST RIGHT-OF-WAY LINE OF BLOSSOM DRIVE; THENCE LEAVING SAID
CORNER THE FOLLOWING TWENTY-FOUR (24) COURSES: (1) SOUTH 12°09'07" EAST, 89.99 FEET; (2)
SOUTH 35031'45" WEST, 16.77 FEET; (3) ALONG AN ARC OF A CURVE CONCAVE TO THE NORTHWEST,
FROM A RADIAL LINE BEARING SOUTH 06045'15" EAST, HAVING A RADIUS OF 2729.00 FEET, A CENTRAL
ANGLE OF 00'07'55" AND AN ARC LENGTH OF 6.29 FEET; (4) SOUTH 06°37'20" EAST, 50.00 FEET, (5)
ALONG AN ARC OF A CURVE CONCAVE TO THE NORTHWEST, FROM A RADIAL LINE BEARING SOUTH
06"37'20" EAST, HAVING A RADIUS OF 2779.00 FEET, A CENTRAL ANGLE OF 00°14'59" AND AN ARC
LENGTH OF 12.11 FEET; (6) SOUTH 54°32'38" EAST, 16.94 FEET; (7)SOUTH 12°09'07" EAST, 117.46 FEET;
(8) ALONG AN ARC OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, FROM A RADIAL LINE
BEARING NORTH 77°50'53" EAST, HAVING A RADIUS OF 1965.00 FEET, A CENTRAL ANGLE OF 01°51'07"
AND AN ARC LENGTH OF 63.52 FEET: (9) SOUTH 36°12'56" WEST, 16.78 FEET; ( 10) ALONG AN ARC OF A
CURVE CONCAVE TO THE NORTHWEST, FROM A RADIAL LINE BEARING SOUTH 07°11'33" EAST, HAVING
A RADIUS OF 2983.00 FEET, A CENTRAL ANGLE OF 00'06'55" AND AN ARC LENGTH OF 6.00 FEET; (11)
SOUTH 07004'38" EAST, 50.00 FEET; (12) ALONG AN ARC OF A CURVE CONCAVE TO THE NORTHWEST,
FROM A RADIAL LINE BEARING SOUTH 07°04'38" EAST, HAVING A RADIUS OF 3033.00 FEET, A CENTRAL
ANGLE OF 00909'20" AND AN ARC LENGTH OF 8.24 FEET; (13) SOUTH 52°41'43" EAST, 16.84 FEET; (14)
ALONG AN ARC OF A CURVE CONCAVE TO THE SOUTHWEST, FROM A RADIAL LINE BEARING NORTH
81°51'33" EAST, HAVING A RADIUS OF 1965.00 FEET, A CENTRAL ANGLE OF 05°16'23" AND AN ARC
LENGTH OF 180.84 FEET; (15) SOUTH 39°57'49" WEST, 16.91 FEET; (16) ALONG AN ARC OF A CURVE
CONCAVE TO THE NORTHWEST, FROM A RADIAL LINE BEARING SOUTH 07°07'45" EAST, HAVING A
RADIUS OF 3237.00 FEET, A CENTRAL ANGLE OF 00°05'58" AND AN ARC LENGTH OF 5.61 FEET; (17)
SOUTH 07601'47" EAST, 50.00 FEET, (18) SOUTH 48°51'20" EAST, 20.12 FEET, (19) ALONG AN ARC OF A
CURVE CONCAVE TO THE WEST, FROM A RADIAL LINE BEARING NORTH 89"21'55" EAST, HAVING A
RADIUS OF 1967.50 FEET, A CENTRAL ANGLE OF 01"14'36" AND AN ARC LENGTH OF 42.69 FEET: (20)
SOUTH 00036'31" WEST,. 351.94 FEET; (21) SOUTH 45°36'31" WEST 20.36 FEET; (22) NORTH 89423'29"
WEST, 342.95 FEET; (23) SOUTH 00°36'31" WEST, 302.79 FEET; AND (24) SOUTH 10°33'34" WEST, 46.75
FEETTO THE WEST LINE OF SAID PARCEL THREE AND THE TERMINUS OF SAID LINE.
CONTAINING 40.02 ACRES, MORE OR LESS.
2021-039443 Page 10 of 18
SEC 9 SEC 1D
SI=C 18 SEC' 15
I
VILLA FIORE, UNIT NO. 1 43-M&P-18 0 568'2B041E
DOD
GATEWAYSOIJTH UNITN0.1 lO�f 43-M P• 44 LOT 49
vvviiiN00'08'57'W
`?
CAME LANE L1 ✓ •,^ n � � w�~� �� � LOT A 211.78'
c 1 J 7fi4.58' 889'20'1 11 v �+,v �¢ S89.2 '29-E 927.82'
n. RC1
2 �50Aa' Ft22 C0 23 �C17 L 31 5
o NS9'49'19'E r' R21 ; + R3 SURVEYED
L17 I I 33 i DESIGNATED REMAINDER
DESIGNATED REMAINDER I L1B� R20 it f C1� L'�A l 43-M&P-144 y
43-M&P-144 R18- C7 ti I5 q 10
V + CS 101
-••R19 C14 G 0I
-t.19I ,
36 L37
I
O LL. ---- Z---� C5� �1 , r -Z �- LC1 ��p�'-- Z------ -
a RB C12
RESULTANT 17 C4 k C11 -RB 114 SECTION LINE—
PARCEL A R15 RESULTANT 13 �L881 Ft9 PARCEL018-10 4 Q
23.57± ACRES ; L23 14 14- PARCEL B L44� c1a D.N. 2018-104419 I O
D.. PARCEL0104419 ', L �B� R,'1 17.281 ACRES RIC RESULTANT I oC
y� + PARCEL C I C)
1s 27Les i" 40.02± ACRES ml
L28) C2 +Ft12 fM1 iti N�"+ E
973.41' � 346.87' � �� �
S89'2Y30"E 1320.28' %► , 342.95' Z - -
�ti�
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SEE DETAIL i�f g 1 PARCEL THREE o I Q
—SECTION LINE AND SHEET 3 W y+ SEE DETAIL D.N. 2018-104419 cn
CITY LIMIT LINE �1+�42 SHEET 3 I
o I
Lu
TAMURA O 320.80' '23'36"W O_M9
m I.N. 89066142 Q a
PARCEL FOUR
�* CITY OF LOBI D.N. 2018.104419 O
SAN JOAQUlN COUNTY
p 5
SECTION LINE o Q g Q a v o
SEC 18 SEC 15—' �C[TY OF LODI ' r - r - z _ a z _ z ? ^' SEC 15
i CITY OF LODI
SEC 21 1 T3N,:R EC _ SAN JO QUIN COUNTY _. .•._.., N JOAQUINICOUNTTYY T- -
HARNEY l�►NE SEC 22
I �
S LAND SU
BASIS OF BEARINGS: ���'� F
THE WEST LINE OF SECTION 15 TOWNSI-11P 3 NORTH RANGE 6 EAST,
MOUNT DIABLO SASE: AND MERIDIAN BEARS NORTH b0°10'41" WEST,
AS DEPICTED ON THAT CERTAIN MAP FILED FOR RECORD IN BOOK �� 15
WA USED FOR A .L hEARIN4 SHOWN AL1LDISTANCESS RECORDS
GROUND LEVEL DISTANCES AND MUST BE MULTIPLIED BY
0.68995210 TO OBTAIN GRID DISTANCES. ' t,
SCALE: 10-400' Op,+�IF�
MCR ENGINEERING, INC.EXHIBIT IIBII BY. DP8
1242 DUPONT COURT
A, CA 95336 LOT LINE ADJUSTMENT DATE' 12I11120
TEL: (209)239-6229
TEL: (209 ) 239 - fi229
FAX: (209)239-U39 SHEET. 1 of 4
LOOT. CALIFORNIA FILE 26025 UAAvp
Dovelopmenl: Getaway South Unit No 2
Developer. Gateway Farms LLC
Engineer. MCR Engineering
Dale: 3124121
ENGINEERING
Plan Check Fee (5 0% of
(3 5% of
(2 5% of
Inspection Fee (4 0% of
(3 5% of
(3 0% of
Plan Check Fee Paid
Improvemonl Agroomanl
ENGINEERING SUBTOTAL
- TSR ET SYSTEM
Fees:
Storm Water Inspection Fees
(Charge for 1 year Inspection)
Charges for work by City Farces
Seal Coat
STREET SYSTEM SUBTOTAL
SEWER SYSTEM
Fees:
Chargee for Work by City Forcos:
TV Inspection for Pipe Installation
TV Inspection /or ProjeG Acceptance
SEWER SYSTEM SUBTOTAL
WATER SYSTEM
Fees
Charges for work by City Forcos:
10" Swvlce Installation (1(r x 10" Hol Tap)
12" Service Installation (10'x 12" Hol Top)
1.112" Meter only (for vrigallen)
WATER SYSTEM SUBTOTAL
S10 ORAiN Sys T[1,1
Fees:
Charges for Work by City Forces:
TV Impaction for Pipe Installation
TV Inspecllon for Project Accoptanco
STORM DRAIN SYSTEM SUBTOTAL
ELECTRICAL SYSTEM
To be billed separately by Electric UBlily Department
TOTAL AMOUNT OF BILLING SCHEDULE
hUDITIONAI. FEES
Reimbursement Agreement 2003-04
Harney Lane Sanitary Sewer LIII Station
10 Acre Q $6,293 OB/Acre
Reimbursement Agreement 2005-01
Legacy (:ttofes Unit 01 Treat No 3280
10 Acre Q $5,775 24/Asa
Reimbursement Agreement 2010-01
Lodi Shopping Center improvements
Approxknately 0 60 Aaos Q $4,708 QlAcre
Approximately Ill 0 Acret Q $4,334 92/Acro
14 28 Acme Q $4,002 01/Acre
5 41 Acres (a $4,002 Ot/Ave
100 Acre Q 54,002 DO/Acre
89 5200 -Year Flood Plain Certification Fee
PWO3
PM
8,514 LF Q $ 150 12,771 00
11,939 L F ®S 1 50 17,908 50
$30,67950
1 EA (0 $ B, 896 00 8, B96 00
1 EA Q $ 9,261 00 9,261 OC
1 EA Q 5 780 00 76000
$18,93700
PWO3 4,873 LF Q $ 150 7,309 50
PW03 4.073 LF ® S 1 50 7,309 50
$14,619 CO
$474,58724
1 00 acre Q $ 6,29306 $6,29306
100 acre S 5.77524 $5,775.24
0 80 saes Q S
BILLING SCHEDULE
$3.76674
EXHIBITC
4,33492
$43,34916
Gross Acreage:
3200
$57,148 73
5 41 acres Q 5
No o1 Units:
135
100 acres Q S
4,00200
Consbuclion cost
$6,519,500 00
200
DEVELOPER
80%
521,800 CO
ENGFEE
COST
CREDITS
5100,000)
ENGFEE
$ 5,00000
5200,000)
ENGFEE
7,00000
$6,219,500)
ENGFEE
155,48750
$250.000)
ENGINS
10,00000
$750,090)
ENGINS'
26,25000
$5,519.500)
ENGINS
165,58500
ENGFEE
$
150,29800
ENGFEE
$2,57200 S
$ 371.89450 $
158,29800
PW03
1 LSQ$
214500 $2,14500
NC07
302,602 SF ® S
0 12 $36,312 24
$38,45724
$000
PWO3
PM
8,514 LF Q $ 150 12,771 00
11,939 L F ®S 1 50 17,908 50
$30,67950
1 EA (0 $ B, 896 00 8, B96 00
1 EA Q $ 9,261 00 9,261 OC
1 EA Q 5 780 00 76000
$18,93700
PWO3 4,873 LF Q $ 150 7,309 50
PW03 4.073 LF ® S 1 50 7,309 50
$14,619 CO
$474,58724
1 00 acre Q $ 6,29306 $6,29306
100 acre S 5.77524 $5,775.24
0 80 saes Q S
4.70843
$3.76674
10 0 acres ® $
4,33492
$43,34916
14 26 acres ® $
4,002 01
$57,148 73
5 41 acres Q 5
4.00201
$21,650 88
100 acres Q S
4,00200
$4,00200
27OWWO 55020 135 LOTS fj$ $
200
270800DO 55020
80%
521,800 CO
ENGFEE
20%
$5.40000
TOTAL DUE PRIOR TO IMPROVEMENT PLAN APPROVAL 5485 275 05
$000
$0 00
$0.00
$158 298 00
BILLING SCHEDULE
Development: Gateway South Unit No. 2
Developer: Gateway Farms LLC
Engineer: MCR Engineering
Date: 5/16/22
ENGINEERING
Improvement Agreement Addenda ENGFEE
ENGINEERING SUBTOTAL
STREET SYSTEM
Fees:
Storm Water Inspection Fees PW03 6 months @ $
(Charge for 6 additional
months of inspections)
STREET SYSTEM SUBTOTAL
TOTAL AMOUNT OF BILLING SCHEDULE
TOTAL DUE PRIOR TO IMPROVEMENT AGREEMENT ADDENDA APPROVAL
DEVELOPER
COST
$896.00
$896.00
183.00 $1,098.00
$1,098.00
$1,994.00
$1,994.00
EXHIBIT B
CREDITS
50.00
S0.00
S0.00
$0.00
50.00
1 i AA IMIE LANE -7
C�G�14C�G7G147 BOO M4C;] MGd] 5
WISTERIA DRIVE
FUTURE GATEWA'
SOUTH (UNIT 3)
HAMILTON DRIVE
Ilk"
LEGEND
UNIT 2 BOUNDARY
---- CITY LIMIT
IMPROVEMENT AREA TO BE
FFFFF® TRANSFERRED TO GATEWAY
JTURE GATEWAY1 SOUTH UNIT NO. 3
SOUTH (UNIT 4) TRANSFERRED PUBLIC
IMPROVEMENTS:
- POLES REMOVAL
- UNDERGROUND UTILITIES
-PAVEMENT
- CONCRETE SIDEWALK
- PAVEMENT STRIPING
- LANDSCAPING
GATEWAY SOUTH UNIT 2
HICKORY LANES -
w
)>w
o �
FUTURE PARK o ~
z MAHOGANY DRIVE
� Oo VINTAGE OAKS
O z
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OLEANDER DRIVE T
UJILL o I
Q
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z O
Q z I E KRISTEN
FUTURE GATEWAY w Q
SOUTH (UNIT 7) LU
PERSIMMON STREET U
U Q
zz cn
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GROVE STREET w
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1 CASSIA STREET
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(n
HARNEYLANE
ATTAC H M E NTA I I ► �-
GATEWAY SOUTH UNIT NO. 2 0 250 MCR 1242 MCR ENGI DUPONT
ER CG, INC
NORTHENGINEERING TEL: (209)239-6229
LODI, CA DATE: 11 /9/2022 125 FAX: ( 209) 239 - 8839
BILLING SCHEDULE EXHIBIT C
Development: Gateway South Unit No. 3
Developer: KDK Land Company
Engineer: MCR Engineering
Date: 10/26/22
DEVELOPER
COST CREDITS
ENGINEERING
Improvement Agreement Addenda ENGFEE $971.00 $0.00
ENGINEERING SUBTOTAL $971.00 $0.00
TOTAL AMOUNT OF BILLING SCHEDULE $971.00 $0.00
TOTAL DUE PRIOR TO IMPROVEMENT AGREEMENT ADDENDA APPROVAL $971.00
When Recorded Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2022-290
Doc 0: 2022-141733
12/16/2022 10:42:16 AM
Page; 1 of 2 Fee: $0
Steve J. Bestolarides
San .Joaquin County Recorders
Paid By: SHOWN ON DOCUMENT
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE IMPROVEMENT AGREEMENT ADDENDUM
NO. 2 FOR GATEWAY SOUTH SUBDIVISION, UNIT NO. 3, TRACT NO. 4079
------------------
WHEREAS, Gateway South Subdivision, Unit No. 3, is the third phase of a multi -phase
residential development located west of Lower Sacramento Road and south of
Century Boulevard and consists of 48 single-family residential lots; and
WHEREAS, the Developer, KDK Land Company (Developer), has executed an
Improvement Agreement and an addendum to the Improvement Agreement to complete the
public improvements of the Gateway South Unit No. 3 Subdivision; and
WHEREAS, KDK Land Company is also the developer of the Gateway South Unit No. 2
Subdivision and has completed all Unit No. 2 public improvements apart from those shown on
Attachment A (Transferred Improvements); and
WHEREAS, due to constructability issues, the Developer desires to complete the
transferred improvements under the terms of the Improvement Agreement for Gateway South,
Unit No. 3, Tract No. 4079, which are expected to be completed by the end of April 2023; and
WHEREAS, Developer has furnished the City with the necessary agreements,
guarantees, insurance certificates, and the required fees for the proposed Addendum No. 2.
The terms of the Improvement Agreement remain unchanged except as stated in the
addendum; and
WHEREAS, staff recommends authorizing the City Manager to execute Improvement
Agreement Addendum No. 2 for Gateway South Subdivision, Unit No. 3, Tract No. 4079.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Improvement Agreement Addendum No. 2 for Gateway
South Subdivision, Unit No. 3, Tract No. 4079; 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: December 7, 2022
I hereby certify that Resolution No. 2022-290 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 7, 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
OLIVIA NASHED
City Clerk
2022-290
-CAMMIE LANE�}
I I 1 I
"A
1A - L_
WISTERIA DRIVE
O
T-1—�_l
�.
— F1JTI1RE GATEWAY
SOUTH (UNIT 3) 4
]
HAMILTON DRIVE
--L
4'
--� HICKORY LANE_
FrTT
FUTURE GATEWAY
SOUTH , ii IT 4)
_11I-� a
LEGEND
UNIT 2 BOUNDARY
---- CITY LIMIT
®IMPROVEMENT AREA TO BE
TRANSFERRED TO GATEWAY
SOUTH UNIT NO. 3
TRANSFERRED PUBLIC
IMPROVEMENTS:
- POLES REMOVAL
- UNDERGROUND UTILITIES
-PAVEMENT
- CONCRETE SIDEWALK
- PAVEMENT STRIPING
- LANDSCAPING
GATEWAY SOUTH UNIT 2
LU
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1
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FUTURE PARK
O z MAHOGANY DRIVE
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0❑ VINTAGE OAKS
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OLEANDER DRIVE L)
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J 0
z O
Q z I E KRISTEN
FUTURE GATEWAY LU w
SOUTH (UNIT 7) PERSIMMON STREET
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LU 0 LU
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GROVE STREET LU
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I LL
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CASSIA STREET I
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L00/
HARNEYLANE
ATTACHMENT A.
GATEWAY SOUTH UNIT NO. 2 °1 250 177CACIQ MAR ENGINEERING, INC,
NTEUPONTT COURT
NORTH, CA 95336
ENGINEERING TEL: (209)239-6229
LODI, CA DATE: 11/9/2022 125 FAX: (209)239-8839