HomeMy WebLinkAboutAgenda Report - January 18, 1995 (81)OF
CITY OF LODi
COUNCIL COMMUNICATION
c4t/Foc'v
AGENDA TITLE: Public Hearing to Consider Reimbursement Agreement #RA -95-01 for
Public Improvements for Century Meadows One, Unit No. 1
MEETING DATE: January 18, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council conduct a public hearing to consider
Reimbursement Agreement #RA -95-01 for public improvements in
Meadowbrook Drive constructed with the Century Meadows One, Unit
No. 1 subdivision.
BACKGROUND INFORMATION: The developer of Century Meadows One, Unit No. 1, Lewis Homes
of California, has requested a Reimbursement Agreement in
conformance with Chapter 16.40 of the Lodi Municipal Code, for
public improvements constructed in Meadowbrook Drive in
conjunction with the development of its subdivision. The improvements benefit adjacent properties on
the west side of Meadowbrook Drive. The adjacent property owner has been notified. The developer
has paid the appropriate application fee and will also provide fees to cover the cost of recording the
Agreement. A copy of the Agreement, including the vicinity map, is attached.
Meadowbrook Drive is located south of Century Boulevard and is bounded by Century Meadows One,
Unit No. 1 on the east and Century Meadows Two, Unit No. 1 and an undeveloped parcel
(APN 058-210-021) on the west, as shown in the attached Agreement. The initial per acre
reimbursement cost is also shown in the Agreement. The improvements consist of water, sanitary
sewer and storm drain lines, and street paving on the west half of Meadowbrook Drive south of the
southerly boundary of Century Meadows Two, Unit No. 1.
FUNDING: Applicant fees and reimbursement fees collecte¢�rom future development.
Ja L. Ronsko
Pub 'c Works Director
Prepared by Sharon A. Welch, Associate Civil Engineer
JLR/SAW/Im
Attachment
cc: Associate Civil Engineer - Development Services
Lewis Homes of California
Baumbach - Piazza
Delmar and Doris Batch
APPROVED: �4W%�
THOMAS A. PETERSON recycled paper
City Manager
CPHREIMB.DOC 01/1&-,
WHEN RECORDED, RETURN TO:
City Cleric
City of Lodi
221 West Pine Street
Lodi, CA 95240
REIMBURSEMENT
for
PUBLIC IMPROVEMENTS
AGREEMENT # RA -95-01
THIS AGREEMENT is made by and between the CITY OF LODI, hereinafter referred to as
"City", and LEWIS HOMES OF CALIFORNIA, hereinafter referred to as "Applicant".
RECITALS:
WHEREAS, Applicant is the developer of Century Meadows One, Unit No. 1 and has entered
into an Improvement Agreement with the City dated May 11, 1994 to construct public
improvements needed to serve the development, and —
WHEREAS, the Applicant has constructed water mains, sanitary sewer mains, storm drains
and street improvements that will serve additional properties that are designated and shown
on the plan attached and labeled Exhibit A to this agreement and indicated thereon: and
WHEREAS, the Applicant has filed a request for reimbursement with the Public Works
Director and the applicant's engineer, Baumbach & Piazza, has filed the required cost
estimate and identified the area of benefit in conformance with Chapter 16.40 of the Lodi
Municipal Code for those improvements which benefit other property or would be required
of those properties upon development, and
WHEREAS, the property owners of those properties shown in Exhibit A (APN 058-210-021)
have been notified and the City Council has conducted a public hearing regarding the
Applicant's request for reimbursement.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained
and pursuant to Government Code Sections 66485 through 66489 and Title 16 of the Lodi
Municipal Code, it is hereby agreed between the panties as follows:
1. The amount of the reimbursable costs due to the Applicant includes construction
costs less any applicable credits plus ten percent 0 0%) for administrative and
engineering design costs as shown in attached Exhibit B.
2. The reimbursable amount shall be recalculated annually to include an amount
attributable to interest, using the Engineering News Record (ENR) 20 Cities
Construction Cost Index. On uncollected reimbursements, the reimbursement rates
shall be calculated in January of each year beginning January 1996 by the following
formula:
(ENR Jan. 1 of current year) + (Prior year ENR) X (Balance due Jan. 1 of prior year
less payments made during the previous year)
The initial ENR index for this agreement is 5438.87. The initial reimbursable
amounts are listed below.
REIMB_1.DOC
Water Main Extension $ 849.67/acre
Sanitary Sewer Main Extension $ 616.56/acre
Storm Drain Extension $ 693.59/acre
Street Improvements for Meadowbrook Drive 51,037.88/acre
3. In the event that the benefiting properties shown on Exhibit A develop, the City shall
collect the appropriate charges from the developers of the benefiting property and
reimburse the Applicant or the Applicant's heirs, successors or assigns, within thirty
(30) days of its collection thereof for a period of fifteen (15) years. Any charges
collected beyond fifteen years shall be retained by the City.
4. The Applicant has paid the City $500.00 for the preparation of this agreement prior
to approval and recording of this agreement. This fee is based on one percent (1 %)
of the reimbursable construction costs, excluding engineering, administrative and
other costs, with a minimum charge of $500.00, and is included in the
reimbursement amount.
5. Upon each collection of reimbursement charges, an administrative charge shall be
deducted and retained by the City for administering the reimbursement provisions of
this agreement. This charge shall be established from time to time by resolution of
the City Council. As of the date of this agreement, the current charge is $60.00.
6. This agreement shall inure to the benefit of the heirs, successors and assigns of the
Applicant. The City shall mail the reimbursement to the last address of the
Applicant on file with the Public Works Director of the City. In the event a
reimbursement is returned or unclaimed after two (2) years from the date of mailing,
the amount of the reimbursement shall revert to the City and be deposited in the
appropriate development impact mitigation fee fund.
7. All correspondence and payments herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
Correspondence and payments to City shall be addressed as follows:
Jack L. Ronsko
Public Works Director
221 West Pine Street
P. 0. Box 3006
Lodi, CA 95241-1910
Correspondence and payments to Applicant shall be addressed as follows:
Lewis Homes of California
Attn: Regional Manager
P. 0. Box 276125
Sacramento CA 95827-0125
hilts t.Doc
With copies to:
Lewis Homes Management
Attn: General Counsel
P. 0. Box 670
Upland, CA 91785
8. This agreement is entered into pursuant to the provisions of Title 16 of the Lodi
Municipal Code and the provisions of that section shall be deemed a part of this
agreement.
9. In the event of any action or proceeding brought by either party against the other
under this Agreement, the prevailing party shall be entitled to recover all costs and
expenses, including the actual and reasonable attorneys' fees incurred for the
prosecution, defense, consultation or advise in such action or proceeding.
10. Time is of the essence for each provision of this Agreement of which time is a
factor.
IN WITNESS WHEREOF, the Applicant and the City have caused their names to be hereunto
affixed and the City of Lodi has caused its corporate name and seal to be hereunto affixed
by its proper officers thereunto duly authorized.
APPLICANT(S)
Date
(CORPORATE SEAL)
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Thomas A. Peterson, City Manager Date
ATTEST:
Jennifer M. Perrin, City Clerk Date
APPROVED AS TO FORM:
Bob McNatt, City Attorney
PX AM LDOC 3
I
EXHIBIT
CITY OF LODI r(CENTURY MEADOWS ONE,
UNIT NO. 1
PUBM ""ON DEPARTMW
REIMBURSEMENT #RA 95-01
Reimbursement covers improvements
shown on approved Drawing Nos.
92DO60 and 92DO62.
N.T.S.
INITIAL REIMBURSABLE AMOUNTS (1995
Extensions:
Watermain S 849.67 Per Acre
Sanitary Sewer S 616.56 Per Acre
Storm Drain $ 693.59 Per Acre
Street Impvts. $1037.58 Per Acre
REIMBURSEMENT #RA 95-01
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'AREA OF BENEFIT'
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APNJ 058-210-021
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15.04+ Acres
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Reimbursement covers improvements
shown on approved Drawing Nos.
92DO60 and 92DO62.
N.T.S.
INITIAL REIMBURSABLE AMOUNTS (1995
Extensions:
Watermain S 849.67 Per Acre
Sanitary Sewer S 616.56 Per Acre
Storm Drain $ 693.59 Per Acre
Street Impvts. $1037.58 Per Acre
REIMBURSEMENT #RA 95-01
Exhibit B
City of Lodi Cost Estimate for
Publics Works Department Reimbursement Agreement
Development: Century Meadows One, Unit No. 1
Developer: Lewis Homes of California
Engineer. Baumbach & Piazza
Cost of Reimbursable Improvements for Meadowbrook Drive
Storm Drain System
Percent
1. 24' Storm Drain Pipe (Cost of 24" minus 15' pipe)'
Item Description
Quantity
Unit Price
Reimbursable
Total
Street System
$46.00
3. 12" Storm Drain Pipe (future street stub)
61 LF 18.05
100
West Half of Meadowtxook Drive
Subtotal
$8,342.45
1. Roadway Excavation
770
CY $2.20
100
$1,694.00
2. Compact Original Ground (0.67)
12,022
SF 0.10
100
1,202.20
3. Aggregate Base, Class II (0.30n
12,022
SF 0.30
100
3,606.60
4. Asphalt Concrete, Type B (0.20)
10,856
SF 0.46
100
4,993.76
1. 8" Sanitary Sewer Pipe (Based on area benefited)
863 LF $14.25
Subtotal
$7,132.70
$11,496.56
8 LF 14.25
10% Engineering & Administration
114.00
$1,149.66
8 LF 12.25
100
Subtotal
4. Partial Sewer Services
$12,646.22
100
2,040.00
Less City paid credits
Subtotal
$0.00
$9,384.70
Total Street System
$12,646.22
Storm Drain System
1. 24' Storm Drain Pipe (Cost of 24" minus 15' pipe)'
374 LF $17.10
100
$6,395.40
2. 18' Storm Drain Pipe (future street stub)
18 LF 47.00
100
$46.00
3. 12" Storm Drain Pipe (future street stub)
61 LF 18.05
100
1,101.05
Subtotal
$8,342.45
10% Engineering & Administration
$834.25
Subtotal
$9,176.70
Less City paid credits
$0.00
Total Storm Drain System
$9,176.70
Sanitary Sewer System
1. 8" Sanitary Sewer Pipe (Based on area benefited)
863 LF $14.25
58
$7,132.70
2. 8" Sanitary Sewer Pipe (future street stub)
8 LF 14.25
100
114.00
3. 6" Sanitary Sewer Pipe (future street stub)
8 LF 12.25
100
98.00
4. Partial Sewer Services
8 EA 255.00
100
2,040.00
Subtotal
$9,384.70
10% Engineering & Administration
$938.47
Subtotal
$10,323.17
Less City paid credits
$0.00
Total Sanitary Sewer System
$10,323.17
Page 1 of 2 1118195 REIM_ESTALS
Exhibit B
Water System
1. 10' Water Pipe (based on 8' COSt)2
879 LF $15.30 50
$6,724.35
2. 1(' Valve (Based on 8' eost)2
3 EA $525.00 50
787.50
3. W Water Pipe
26 LF 15.30 100
397.80
4. W Valve
1 EA 525.00 100
525.00
5. 6' Water Pipe
26 LF 12.25 100
318.50
S. 6" Valve
1 EA 425.00 100
425.00
7. Partial 1' Water Service
8 EA 280.00 100
2,240.00
8. Fire Hydrant Assembly
2 EA 1,625.00 50
1,625.00
9. Blowoff
2 EA 500.00 100
1,000.00
Subtotal
$14,043.15
10% Engineering & Administration
$1,404.32
Subtotal
$15,447.47
Less City paid credits
$0.00
Total Water System
$15,447.47
Subtotal Reimbursable Costs
$47,593.56
City Fee for preparation of agreement
$500.00
11% of system subtotals, $500 minimum)
Total Reimbursable Cost
:48,093.56
Cost (incl.
prorated City
fee) Quantity Fee
Reimbursement for Street System
per Acre:
$12,779.08 / 15.04 $849.67 per Acre
Reimbursement for Storm Drain System
per Acre :
$9,273.111 15.04 $616.56 per Acre
Reimbursement for Sanitary Sewer System
per Acre:
$10,431.621 15.04 $693.59 per Acre
Reimbursement for Water System
per Acre:
$15,609.761 15.04 $1,037.88 per Acre
Check Total:
$48,093.56
Notes:
1. The shared cost is based on the cost difference between the 24' stone drain pipe installed and the 15' storm drain pipe which would have been required to
serve only the Century Meadows One, Unit No. 1 subdivision.
2. A 10' water main and valves were installed due to a design decision by the developers of Century Meadows One, Unit No. 1 not to loop the water main. An 8'
water main would have been sufficient N the system had been looped. Therefore, the shared cost is based on the cost of 8' water pipe and valves.
Page 2 of 2 1/18f95 REIM EST.XLS
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FOR
On December 22, 1994 in the City of Lodi, San Joaquin County, California, California, I
deposited in the United States mail, envelopes with first-class postage prepaid thereon,
containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes
were addressed as is more particularly shown on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi, California, and
the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 22, 1994, at Lodi, California.
Jennifer M. Perrin
City Clerk
+pt
L. Ta or
Cle
decmaiUforms
OF LODI
L. 221 W. PINE ST.
I BOX 3006
FORNIA 95241-1910
LEWIS HOMES OF CALIFORNIA
PO BOX 276125
SACRAMENTO CA 95827
BAUMBACH - PIAZZA
CIVIL ENGINEERS
323 W ELM ST
LODI CA 95240
MR & MRS DELMAR D BATCH
1767 E HARNEY LN
LODI CA 95240
' •, CITY OIC LODI NOTIL� OF PUBLIC HEARING
Carnegie Forum Date: January 18, 1995
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
January 18, 1995
NOTICE IS HEREBY GIVEN that on Wednesday, January 18, 1995 at the hour of 7:00
p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a
Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the
following matter:
a) Reimbursement Agreement #RA -95-01 for public improvements in
Meadowbrook Drive constructed with the Century Meadows One, Unit
No. 1 subdivision
All interested persons are invited to present their views and comments on this matter.
Written statements may be filed with the City Clerk at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the
Public Hearing.
By Order of the Lodi City Council:
Jifer M. rin
Ci Clerk
Dated: December 21, 1994
Approved as to form:
Bobby W. McNatt
City Attorney
JACITYURK1FORMSINOTICE2B.DOC 12/19/94
LXHIBIT A
CITY OF LO D I CENTURY MEADOWS PUBW AEW ONE
UNIT N0. 1
• WORKS DWM REIMBURSEMENT #RA 95-01
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APN# 058-210-021
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REIMBURSEMENT:
Extensions:
Watermain # 849.67
Sanitary Sewer # 616.56
Storm Drain # 693.59
Street Impvts. #1037.88
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIECLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6795
January 11, 1995
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
SUBJECT: Public Hearing to Consider Reimbursement Agreement #RA -95-01 for
Public Improvements for Century Meadows One, Unit No. 1
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, January 18, 1995, at 7 p.m. The meeting will be held in the City Council
Chamber, Carnegie Forum, 305 West Pine Street.
The Council will conduct a public hearing on this item. You are welcome to attend and
speak at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council, City of
Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail.
Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Cleric. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch at
(209) 333-6706.
L u
Jack' . Ronsko
Public orks Director
JLR/Irn
Enclosure
cc: City Clerk
NCPHREIM.DOC
CITY OF LODI
CITY HALL, 221 W. PINE ST.
P. O. BOX 3006
LODI. CALIFORNIA 95241-1910
LODI. CALIFORNIA 95241-1910
LEWIS HOMES OF CALIFORNIA
PO BOX 276125
SACRAMENTO CA 95827
BAUMBACH - PIAZZA
CIVIL ENGINEERS
323 W ELM ST
LODI CA 95240
MR & MRS DELMAR D BATCH
1767 E HARNEY LN
LODI CA 95240
CITY COUNCIL
STEPHEN). MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIECLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 9S241-1910
(209) 333-6706
FAX (209) 333-6795
February 23, 1995
Developers Insurance Company
Go Lewis Homes Management Corp.
Attention Sheri
P. O. Box 670
Upland, CA 91786
SUBJECT: Century Meadows One, Unit No. 1
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
The City Council of the City of Lodi, at its meeting on January 18, 1995, accepted the
public improvements in the subject project. A copy of the resolution is enclosed. The
acceptance was conditioned upon receipt of security in the amount of $3,500 to
guarantee corrective work which needs to be deferred until warmer weather. That
security has been received.
This letter is your authorization to exonerate Faithful Performance Bond No. 156384S.
The bond covering labor and materials must remain in effect until April 18, 1995 in
conformance with the requirements of State law. You will receive no further
correspondence regarding the release of the bond for labor and materials unless a
claim is filed.
As soon as the corrective work is completed, the $3,500 bond guaranteeing this work
will be released.
If you have any questions, please contact Sharon Blaufus or me at (209) 333-6706.
1
�l�llii�c'�l`w
Richard C. Pnma, Jr.
j
City Engineer
RCP/SB/sb
Enclosure
cc: Lewis Homes of California/Sacramento
City Clerk
LRLSBN03.DOC