HomeMy WebLinkAboutAgenda Report - March 17, 1993 (68)CITY OF LODE
COUNCIL COMMUNICATION
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AGENDA TITLE: Improvement Agreement for Lodi Town Plaza (Target)
MEETING DATE: March 17, 1993
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council approve the Improvement Agreement for
Lodi Town Plaza, a shopping center development, to be located
east of Lower Sacramento Road and west of Sylvan Avenue on the
north side of Kettleman Lane, and direct the City Manager and
City Clerk to execute the Improvement Agreement on behalf of the City.
BACKGROUND INFORMATION: The location of the proposed shopping center is shown on
Exhibit A. This project is being developed by Browman
Development Company. Target Stores has purchased a
9.79 -acre site within the development and has assumed
responsibility for the installation of all the required off-site improvements. The
City has been furnished with the improvement plans, the necessary agreements,
easement deeds, improvement security, and fees presently due for the Target Store's
share of the Lodi Town Plaza development.
The improvements for this project include various items that are the City's
responsibility under the Development Impact Mitigation Fee Program. These include
the master storm drain line, the Kettleman Lane/Tienda Drive traffic signal and a
portion of the Kettleman Lane widening. Final contract costs for these items have
not yet been provided by the contractor. Target hopes to have the project completed
in time for a fall 1993 opening. In order to expedite the issuance of a building
permit and the start of construction, staff is recommending the Agreement be
approved without the credits for these improvements. As stated in the Agreement,
these will be brought back to the Council in the form of a Supplemental Agreement.
FUNDING: Developer and Development Impact Fee fqnds.
Prepared by Sharon A. Welch,
JLR/SAW/lm
Attachment
cc: City Attorney
��Z
a L. Ronsko
Pub is Works Director
Associat vil Engineer
APPROVED _41L • Cid . --- -------- La
THOMAS A. PETERSON recycls0 paper
City Manager
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CTAPGET/TXTW.02M (CO.COM) March 8, 1993
CITY OF ELODI MMIBIT APUBUC WORKS DEPARTMENT
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MEMORANDUM, City of Lodi, Public Works Department
TO:
City Council
FROM:
Public Works Director
DATE:
March 221993
SUBJECT: Development Improvement Agreements
RECEIVED
93 MAR 32 AM 8: 28
uLNMFER 14. PERRIN
CITY CLERK
CITY CF LOCI
At the March 17 Council meeting, a question was raised concerning the fact that the
improvement agreement for the Target Stores project was not included in the Council packet.
These agreements are based on a standardized agreement and are quite tong. In order to save
time and paper, it has been past practice not to include them. The basic description of the
project and any non-standard items In the agreement are included in the Council communication.
For your information, attached is a copy of the complete agreement package we sent to Target.
Noted in the margins are comments on the items that are changed for each project.
If the Council wishes to add specific items or information to the Council communication on
development projects, please provide the appropriate direction. As always, if there are questions
on an agenda item, you are welcome to contact Richard Prima or me at your convenience prior
to the meeting.
J k Ronsko
Public Works Director
JLR/RCPlrcp
cc: cky Manager
Assistant Cq Engineer
IMPRAGR.DOC
CITY COUNCIL
PHILLIP A PENNINO, Mavor
PACK A SIECLOCK
Mayor Pro Tempore
RAY C. DAVENPORT
STEPHEN MANN
IOHN R (Randy) SNIDER
CITY O**F LOD I
CITY HALL, 221 WEST PINE STREET
P O. BOX 3006
LODI. CALIFORNIA 95241.1910
Mr. Hans Kuhlmann
Target Stores
P.O. Box 1392
Minneapolis. Minnesota 55440-1392
(209) 334-5634
FAX R09I Ib) 679S
March 5, 1993
SUBJECT- Lodi Town Plaza - Target Storz;
2355 W. Kettleman Lane, Lodi, California
THOMAS A PETERSON
Csty Manager
IENNIFER M PERRIN
(. tv Cleric
BOB McNATT
CdV Attorney
Enclosed are documents covering the development of the Lndi Town Plaza shopping center. Before the
documents can be approved by the City Council, the foilawing items are needed:
1. Two signed copies of the Public Improvement Agreement.
2. Payment of the enclosed bill.
This bill includes charges for various services to be performed by the City as well as development
impact mitigation fees for the Target Store parcel within the shopping center. These items are
itemized on the enclosed billins schedule. A summary sheet showing the calculation of the
impact fees is also enclosed.1 The public improvement credits for the shopping anter have not
HanareIIt, wt, been Included on the bit Ing schedule at this time. The costs of these imp;%wements will be
1�►nvtio>r eos�s reimbursed tinder supplemental agreement when final quantities and costs for the entire project
a� J���j are determined. In addition, engineering plan check and inspection fees as well as fees for
as
tro services to be performed by City forces will have to be adjusted once the project plans
POA 04 A. -C aogletw%L4. have been completed.
3. Certificate of Insurance as outlined on the enclosed sheet entitled "Instructions/Requirements for
Insurance Coverage".
4. Improvement Security - Faithful Performance and Labor and Materials Bonds in the amounts
shown on the Interim Cost Estimate for Improvement Security.
Faithful Performance and Labor and Materials Bonds were posted earlier in the amounts of
$690,000.00 and $345,000.00, respectively. The existing Labor and Material Bond is sufficient
at this time. The Faithful Performance Bond needs to be increased to retlect the deferred impact
mitigation fees in the amount of S85.270.90. This may be accomplished by providing a new
Faithful Performance Bond in the amount of $775,270M) or by retaining the existing
5600,000.00 bond and providing another bond in the amount of $85,270.90 to cover the deferred
fees. We arc enclosing bonding forms for both alternatn•cs.
Since the final quantities and costs for the improvements have not }'et been determined, the
bonding amounts being required at thin time arc based on an interim cost estimate. The bonding
amounts will be reviewed when the final costs arc available. It is possible that further
adjustments to the bonds may be required at that time.
Mr. Hans Kuhlmann
March S. 1993
Page 2
S. Easement Deeds
No
The executed originals of the easement deeds required for the extension of the 42 -inch storm
drain across the adjacent properties to the east need to be returned. It is our understanding that
the title company was to secure the owners signatures.
We will place this project on the City Council agenda for March 17. If the necessary materials have no
been received by noon on that date, the pmject will have to be rescheduled for the next Council mating,
April 7.
If you have any questions concerning the insurance requirements. please contact Sharon Blaufas at (209)
3336706. For questions regarding fees or other items. please contact me or Richard Prima. Assistant
City Engineer.
Sharon A. Welch
Associate Civil Engineer
Enclosures
cc: Phillippi Engineering
Brownian Development
Administrative Assistant
S1&V%JkkAa C tGl> — .p0� 1A � Y QD 1114.E (C tl,
e A
IMPROVEMENT AGREEMENT
for the
PUBLIC IMPROVEMENTS
of
LODI TOWN PLAZA
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City% and TARGET STORES, A DIVISION OF DAYTON HUDSON
CORPORATION, hereinafter referred to as "Developer".
RECITALS:
+�- Developer has applied to the City for issuance of a building permit allowing Developer to
build on that parcel known as 2355 W. Kettleman Lane, Lodi, California, APN 027-040.067.
Developer has requested issuance of the building permit prior to the construction and
completion of public improvements as required as a condition of approval of Parcel Map
�E 92 P 013, City of Lodi records and filed in Book 18 of Parcel Maps. Page 168, San Joaquin
County Records, including all streets, highways or public ways and public utility facilities
which are a part of, or appurtenant to, the development, hereinafter called "project all in
accordance with, end 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.
The City will issue to Developer the building permit on the condition that Developer first
eiter into and execute this agreement with City and meet other City code requirements
pertaining to building permit issuance.
This agreement is executed pursuant to the provisions of Title 15 of the Lodi Municipal
Code.
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 the Public Works Director, all of the
work and improvements as shown on the approved improvement plans for the
I+- project, Drawing No.(sl 920123 through 92D135 and 92D144 and 92D145, which
are on file in the Public Works Department.
irtP,gmt.dcx (rev. OpOSl93)
OON
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 c-::aection to City system
B. Natural gas line installation
C. Telephone line installation
D. Electrical system
E. Traffic signal at Highway 12 (Kettleman Lane) and Tienda Drive.
Developer also acknowledges that the improvement plans are incomplete and agrees
to complete the plans and the necessary improvements all in accordance with City
standards and policies.
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, whirh, in his opinion, are
necessary or reouired to complete the work in conformance with City Standards or
are the result of changed conditions.
3. Performance of Work by City
Prior to the Issuance of the building permit by the City, it is agreed that the
Developer shall deposit with the City the amount of money shown as the 'Developer
Cost" on Billing Schedule attached hereto and by this reference made a part hereof.
From payments made under Billing Schedule, the City will perform or install or cause
the installation of the following items:
A. Fire hydrant markers
B. 10 -inch water main taps in Highway 12 (Kettleman Lane)
C. Two 2 -inch water meters for irrigation services
Developer also acknowledges that additional work by City forces will be necessary
and agrees to pay for such work when final quantities and costs are determined.
Such work will include street seal coat, street sign installations and final engineering
fees.
Developer shall also pay all additional costs for work performed by City forces
deemed by the Public Works Director necessary to complete the work under this
agreement in conformance with City Standards.
4. Development Impact Mitigation Fees and Credits
Development Impact Mitigation Fees for water, wastewater, street and storm drain
facilities are being paid as part of this agreement. Fees for police, fire, parks and
recreation and general City facilities shall be deferred until the project is ready for
acceptance. Acceptance of the public improvements will be contingent upon
payment of the deferred fees. The amounts shown in the agreement for these
deferred fees are valid for one year from the date of City Council approval of the
agreement. After one year, these deferred fees are subject to adjustment to the
then -current fee schedule.
Impagmt (rev. 03105193)
City and Developer agree that certain improvements which are to be funded by
Development Impact Mitigation Fees are to be constructed by Developer. These
improvements are:
a) Traffic signal at Highway 12 and Tienda Drive
b) Highway 12 widening in excess of 34 feet in width
c) 42 -inch master storm drain line
d) 10 -inch water main crossing of Highway 12 at Tienda Drive (50% to be funded
by fees)
* The costs of these improvements are to be reimbursed from the appropriate
Development Impact Mitigation Fee fund under a supplemental agreement to be
executed when the final quantities and costs based on the completed project design
are determined. Developer agrees that if the cost of street improvements, including
the traffic signal, (items a and b above) exceeds the amount of the street impact
fees collected with this project, the amount in excess of the street impact fees
collected will not be paid immediately. A reimbursement agreement for the
unreimbursed fees shall be prepared in accordance with Section 16.40 of the Lodi
Municipal Code. The terms of the reimbursement agreement shall include provisions
for reimbursement only from future street impact fees to be collected at the time of
development of currently undeveloped parcels in the Lodi Town Plaza and Sunwest
Plaza shopping centers.
5. 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 andlor improvements described under 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 inspection services.
6. Time Extension
Time is of the essence of this agreement. The City may extend the time for
completion of the improvements hereunder. Any such extension may be granted
without notice to the Developer's surety, and extensions so granted shall not relieve
the surety's liability on the bond to secure the faithful performance of this
agreement. The City Council shall be the sole and final judge as to whether or not
good cause has been shown to entitle Developer to an extension.
The deferred Development Impact Mitigation Fees are subject to change one yew
after the approval of the agreement. A time extension does not eliminate a ch:,nge
in these fees.
7. As -Built Plans and Certifications
Prior to acceptance of the project improvements, the Developer shall have installed
and in place all survey monuments as shown on the Map and provided as -built plans
and certifications as described in the City of Lodi Public Improvement Design
Standards.
8. Permits; Compliance with Law
Developer shall, at Developer's expense, obtain all necessary permits and licenses
for the construction of such improvements, give all necessary notices and pay all
fees and taxes required by lay.
impagmt (rev. ONU5/93)
9. Superintendence by Developer
Developer shall give personal superintendence to the work on said improvement, or
have a competent agent, foreman or superintendent, satisfactory to the Public
Works Director, on the work at all times during progress, with authority to act for
Developer.
10. Inspection by City
Developer shall at all times maintain proper facilities and provide safe access for
inspection by City to all parts of the work. Inspections will be provided during
normal working hours. Developer will be billed for inspections on work performed
on weekends, holidays and overtime.
11. Contract Security
Concurrently with the execution hereof, Developer shall furnish Improvement
Security of at least 100% of the estimated cost of public improvements plus
deferred fees and engineering costs of surveying, completion of design and
contingincy costs as security for the faithful performance of this agreement and
repair or replacement of defective work under Paragraph 16 following; and an
amount equal to at least 50% 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 $775,270.90
Labor and Materials $345,000.00
Developer acknowledges that the security amounts shown above are based on an
interim cost estimate and agrees to adjust the security amounts as requested by the
City when final quantities and costs for the project are determined.
12. Hold -Harmless Agreement
Developer hereby agrees to, and shall, hold City, its elective and appointive boards,
commissions, officers, agents and employees, harmless from any liability for damage
or claims for damage for personal injury, including deatti, as well as from claims for
property damage which may arise from Developer's or Developer's contractors',
subcontractors', agents' or employees' operation,:, 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 my of Developer's contractors or subcontractors.
Developer agrees to, and shall, defend City and its elective and appointive 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 po:icies described in Paragraph 13 hereof.
impagmt (rev, 03/05193)
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 subdivision, 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.
13. Developer's Insurance
Developer shall not commence work under this agreement until Developer shag have
obtained all insurance required under this paragraph, nor shall Developer 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. Compensation Insurance
Developer shall maintain. during the life of this agreement, Worker's
Compensation Insurance for all Developer's employees employed at the site of
improvement, and in case any work is sublet, Developer shall require any
convector 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. Developer
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
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 elective and appointive 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 on the subdivision 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
$1,000,000 Bodily Injury - Each Occurrence/Aggregate
$1,000,000 Property Damage - Each Occurrence/Aggregate
o:
$1,000,000 Combined Single Limit
impagmr (rev_ 03!05193)
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Each Person
$1,000,000 Bodily Injury - Each Occurrence
$1,000,000 Property Damage - Each Occurrence
or
$1,000,000 Combined Single Limit
Developer must have comprehensive automobile liability only if Developer's
vehicles are used on-site.
NOTE: Developer agrees and stipulates that any insurance coverage provided to
the City of Lodi shall provide for a claims period following termination of
coverags which is at 14ast consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government Code
Section 810 et seq.).
'Claims made' coverage requiring the insureds to give notice of any potential
liability during a time period shorter than'that found in the Tort Claims Act shall
be unacceptable.
A copy of the certificate of insurance with the following endorsements shall be
furnished to the City:
A. Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of
Lodi, its elected and appointed board's, 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 the City and shall be included with Developer's
policies.
B. Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the additional insureds
shall apply as primary insurance. Any other insurance maintained by the City
of Lodi or its officers and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
C. Severabilitv 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
company's liability.
14. Evidence of Insurance
Developer shall furnish City, concurrently with the execution hereof, with
satisfactory evidence of the insurance required and evidence that each carrier is
required to give City at least 30 days prior notice of the cancellation or reduction in
coverage of any policy during the effective period of this agreement. The address of
the City of Lodi must be shown on the certificate of insurance, i.e., City of Lodi, 221
West Pine Street, Lodi, CA 5240.
impagmt (rev. 03105/93)
15. 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.
16. Repair or Reconstruction of Defective Work
If, within a period of 1 year 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, 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 or 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 1596 for
administration and overhead costs.
17. Mud, Debris and Dust
Developer agrees and covenants not to permit mud or other debris to be tracked
from the construction 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
caused to City or County streets, the Developer shall have the same removed or
repaired forthwith, and if not removed or repaired upon notice within a specified
time, the City shall cause the same to be removed or repaired and the Developer
shall be charged for the cost of said removal or repairs.
The Developer, Developer's contractor and/or agents shall be responsible so no dust
problem is created during construction, including installation of telephone, electrical,
cable television and gas facilities.
If a dust problem arises during development, 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, the City shall
cause the same to be controlled, and the Developer shall be charged with the cost of
said control.
18. Fire Protection During Construction
Fire protection facilities approved by the Fire Chief, Ocluding 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 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.
impagmt (rev. 03/05i93)
19. Protection of Existing Improvements
Damage to any existing improvements or private or public utility lines installed or
being installed which damage occurs during the onsite and offsite construction
required of Developer shall be the absolute responsibility and liability of Developer.
In other words, it shall be the Developer's responsibility to pay for damage to
existing improvements and public or private utilities within the development.
Damage to any existing facilities outside the limits of the subdivision damaged as
part of the construction of the required subdivision improvements is also the
Developer's responsibility.
20. Dwelling Occupancy
The City will not allow occupancy of any building or structure within the project until
all public improvements have been approved and accepted by the Public Works
Department per established City policy and other requirements of the City codes
have been met. If building is started prix: to acceptance of the improvements, it is
the Developer's responsibility to inform all prospective purchasers that occupancy
will not be permitted until said public improvements are so accewed.
21. Developer Not Agent of City
Neither Developer nor any of Developer's agents or contractors are or shall be
considered to be agents of City in connection with the performance of Developer's
obligations under this agreement.
22. 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 it the 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 or breach of this
agreement, or any portion thereof, and the default of Developer.
23. Breach of Agreement; Performance by Surety or City
In the even 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 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 the
contract, and does not commence performance thereof within 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.
impagmt (rev. 03/05%93)
24. Notices
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
Jack L. Ronsko
Public Works Director
221 West Pine Street
P. O. Box 3006
Lodi, CA 95241-1910
Notices required to be given to. Developer shall be addressed as follows -
Notices required to be given to Developer's agent shall be addressed as follows:
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 to the other party and thereafter notices shall be addressed and transmitted
to the new address.
impagmt (rev. 03105/93) 9
60
25. Execution
in Witness Whereof, Developer and 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.
Date
DEVELOPERS)
(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
impagmt (rev. 03/05/93) 10
-r4 r i U.J �tate — i"s .5ju6j -roy
BILLING SCHEDULE
DevsbPmsnt Lodi Town Plaza - Target Store
Gross Acreage• 9.79
Ddveloper. Target Stores
Engineer: Phillippi Engineering
Data: 3!6!93
DEVELOPER
COST CREDITS
ENGINEERING
Engineering Fee (4.5% of $50.000)
$ 2.250.00
(25%0( $200.000)
5.000.00
(1.5% of $440.000)
6,600.00
Inspection Fee (25% of $690.000)
17,250.00
Engineering Fee Paid (16 sheets 0$75010set)
$ 12,000.00
ENGINEERING SUBTOTAL
S 31.100.00 $ 12.000.00
STREET SYSTEM
Fees:
Devebpment Impact
Mitigation Fee - Streets
9.79 AC ® S 11.380.00 $111,410.20
Credits: (To be determined at a later date)
Charges for work by City Forces: (Additional charges to be determined at a later date)
Pavement Markers: ($40 min.)
Lanelins or Fire Hydrant 3 EA Q S 8.00 40.00
STREET SYSTEM SUBTOTAL $111,450.20 $0.00
SEWER SYSTEM
Fees:
Development Impact
Mitt bon Fee - Sewer 9.79 AC @ $ 460.00 $4,503.40
SEWER SYSTEM SUBTOTAL 54,503.40
WATER SYSTEM
Fees:
Development Impact
Mitigation Fee - Water 9.73 AC Q $ 1,480.00 $14,489.20
Credits: (To be determined at a later date)
Charges for work by City Forces:
Ties to E)osbng System by City
10 -inch taps in Highway 12 (2) Lump Sum $ 7.480-00 7,480.00
U
$0.00
DEVELOPER
COST CREDITS
Water Services by City:
2' MOW only 2 EA Q S 495.00 990.00
WATER SYSTEM SUBTOTAL $22,959.20 $0.00
STORM DRAIN SYSTEM
Fees:
Devebpment Impaat
Mitigation Fee -
Storrn Drainage 9.79 AC Q $ 10,520.00 S102,990.80
Credits: (To be deb w*W at a later data)
STORM DRAIN SYSTEM SUBTOTAL $102,990.80 $0.00
ELECTRICAL SYSTEM
To be bled separately by Electric Utility Department
TOTAL AMOUNT OF BILLING SCHEDULE
14ET AMOUNT TO BE PAID BY DEVELOPER TO CITY
PRIOR TO PROJECT APPROVAL
DEFERRED DEVELOPMENT IMPACT MITIGATION FEE
Police Protection Facilities 9.79
Fre Protection Faci itiss 9.79
Parks S Recreation Facilities 9.79
General Citi FadK" 9.79
TOTAL AMOUNT OF DEFERRED FEES TO BE PAID BY
DEVELOPER PRIOR TO PROJECT ACCEPTANCE CR 1 YEAR
WHICHEVER OCCURS FIRST
$273.003.60 $12.000.W
$261,003.60
AC 0
$4.570.00
$44.740.30
AC Q
$1,400.00
$13,706.00
AC ®
$1.080.00
$10,573.20
AC ®
$1.660.00
$16,251.40
2
$85.270.90
STATEMENT
FINANCE DEPARTMENT
CITY OF LODI
City Hall 1221 West Pine Stress / P.O. Box 3006 / Lodi, CA 95241-1910
Telephone (209) 334.5634
r Mr. Hans Kuhlmann
Target S' ,res
P.O. Box 1392
Minneapolis, MN 55440-1392
L
Make your check payable to CITY OF LODI
`j 3/5/93
1 DATE
E-1140
Fees for development at Lodi Town Plaza (Target)
2355 West Kettleman Lane per Billing Schedule
attached
BILL SUBJECT TO REVISION IF NOT PAID BY 4/5/93.
RATE PAID FOR WORK TO BE DONE BY CITY IS VALID
FOR ONE YEAR.
BKUHLMAN/TXTW.FRM
Reminder — Did you Include your stub?
INVOICE NO.
CITY OF LODI
Please detach and
return this stub
with your payment.
Mr. Hans
Kuhlman
(Target)
3/5/93
DAVE
E-1140
INVOICE NO.
AMOUNT AMOUNT
I
$261,003 160 $261,003 160
City of Lodi
Publics Works Deoartment INTERIM COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Development: Lodi Town Plaza • Target Store Acres: 9.79
Developer. Target Stores Date: 3/5/93
Engineer. Phillippi Engineering
A. ESTIMATED COST OF PROJECT IMPROVEMENTS
Interim Construction Cost Estimate
by Phillippi Engineering dated
December B. 1992 (0% contingencies):
(Copy attached)
Completion of Design, Construction Staking
and Engineering (7.5%* of Construction Cost Estimate)
Contingency Costs (15%)
Subtotal
Total Cost for Engineering Fee Calculation
B. DEFFERED DEVELOPMENT IMPACT MITIGATION FEES
1. Police Protection Facilities
2. Fire Protection Facilities
3. Parks & Recreation Facilities
4. General City Facilities
Total Deferred Fees
TOTAL IMPROVEMENT SECURITY AMOUNTS:
Faithful Performance: 100% of A 8 B
Labor 8 Materials: SOO6 of A
9.79 acres
C$4.570.00/acre
9.79 acres
$ 1,400.00/acre
9.79 acres
S 1,080.00/acre
9.79 acres
$ 1,660.00/acre
$559,890.00
40,110.00
$600,000.00
90,000.00
$690,000.00
$44,740,30
$13706,00
$10,573.20
$16,251.40
$85,270.90
$775,270.90
$345,000.00
_ S
PHiLLiPP1 ENGINEERING, INC.
CIVIL ENGINEERING — LAND SURVEYING
PRELIMINARY
**** CONSTRUCTION COST ESTIMATE ****
Job: 920640 Estimate date: 8 December 1992
TARGET PROJECT OFF-SITE IMPROVEMENTS By: TAP
NOTE: 'c' after Item Dollar Amount Indicates Contingency Item.
Quantity Unit Cost Item Total
*** SITE PREPARATION & GRADING ***
Relocation/Restoration:
Power Poles ........................ 4 EA 1,500.00 6,000.00 c
-------------
Relocation/Restoration subtotal: 6,000.00
Rough Grading:
Mass Excavation .................... 5000 CY 2.00 10,000.00 c
-------------
Rough Grading subtotal: 10,000,00
SITE PREPARATION & GRADING total: 16,000.00
*** SANITt+,.1Y SEWERS **X
Mains:
8" Pipe, VCP ......................
Manholes:
Standard Manhole ...................
Miscellaneous:
1320 LF 20.00
Mains subtotal:
7 EA 1,300.00
Manholes subtotal:
26,400.00 c
-------------
26,400.00
9,100.00 c
-------------
9,100.00
Laterals. ..... .... ............ 6 EA 250.00 1,500.00 c
Remove/replace Pavement............ 1500 SF 2.00 3,200.00 c
-------------
M-iscellaneous subtotal: 4,700.00
SJ'.:.ITARY SEWERS total: 40, 200.00
Page 1 of 4
P O. ECX ...._6 - VACAVILLE. CA 95695 - OF -;CE ('170 7) -1S' -95-56 • =-aX ('• S 7' -15 1
125 MEF;C'"ANT STAE=, - VACAVILL_, CA 55688
Const_:uction Cost Estimate 920640
*** WATER DISTRIBUTION ***
Mains:
10" Pipe ...........................
Valves:
10" Valve Assembly .................
8" Valve Assembly ..................
Quantity Unit Cost
Item Total
2706 LF 20.00 54,120.00 c
-------------
Mains subtotal: 54,120.00
13 EA 1,000.00 13,000.00 c;
2 EA 750.00 1,500.00 c
-------------
Valves subtotal: 14,500.00
Special Assemblies:
Fire Hydrants ...................... 9 EA 1,600.00 14,400.00 c
Hot Tap ............................ 2 EA 1,000.00. 2,000.00 c
- -
Special Assemblies subtotal: 16,400.00
Miscellaneous:
Laterals ........................... 6 EA 250.00 1,500.00 c
Jacking ............................ 130 LF 200.00 26,000.00 c
Miscellaneous subtotal: 27,500.00
WATER DISTRIBUTION total: 112,520.00
*** STORM DRAINAGE ***
Main Lines:
30" Pipe .......................
18" RCP Pipe .......................
Catch Basins:
Curb Opening, 51 -wide ..............
Manholes:
Standard Manhole ...................
1420 LF
65.00
92,300.00 c
690 LF
40.00
27,600.00 c
Main Lines
-------------
subtotal:
119,900.00
8 EA
2,000.00
16,000.00 c
Catch Basins
-------------
subtotal:
16,000.00
6 EA 2,500.00 15,000.00 c
-------------
Manholes subtotal: 15,000 00
STORM DRAINAGE total: 150,900.00
Page 2 of 4
Construction Cost Estimp*[ 920640
*** ROADWAY/STREET IMPROVEMENTS ***
Pavements:
Pavement Section Tienda Drive......
Pavement Section Rettleman Drive ..
6" PCC Curb & Gutter ...............
FCCDriveway .......................
PCC Sidewalk... ...
,-4
Quantity Unit Cost Item Total
28000
SF
1.40
39,200.00 c
12300
SF
1.75
21,525.00 c
1660
IF
7.00
11,620.00 c
1350
SF
3.50
4,725.00 c
7000
SF
2.50
17,500.00 c
Pavements subtotal: 94,570.00
Miscellaneous:
Readwood Header................... 350 IF 2.00 700.00 c
Traffic Signal ..................... LS 130,000.00 c
Barricades ......................... LS 1,000.00 c
Striping....... .................... LS 2,000.00 c
Miscellaneous subtotal: 133,700.00
ROADWAY/STREET IMPROVEMENTS total: 228,270.00
*** UTILITIES ***
Miscellaneors:
Street Lights......................
8 EA 1,500.00 12,000.00 c
-------------
Miscellaneous subtotal: 12,000.00
UTILITIES total: .12,000.00
Page 3 of 4
Construction Cost Estimatf- 920640
*** 14AJOR CATEGORY TOTALS (Does Not Include Contingency Costs):
SITE PREPARATION & GRADING: 16,000.00
SANITARY SEWERS: 40,200.00
WATER DISTRI3UTI0N: 112,520.00
STORM DRAINAGE: 150,900.00
ROADWAY/STREET IMPROVEMENTS: 228,270.00
UTILITIES: 12,000.00
TOTAL COST WITHOUT CONTINGENCIES: 559,890.00
*** SUMMARY (Including Contingency Costs):
TOTAL OF COSTS SUBJECT TO CONTINGENCY: 559,890.00
CONTINGENCIES 0 0%: 0.00
TOTAL OF COSTS NOT SUBJECT TO CONTINGENCY: 0.00
-------------
TOTAL ESTIMATED CONSTRUCTION COST: 559,890.00
NOTES:
1. Since Phillippi Engineering has no ccntrol over the cost of labor,
materials, or equipment, or over the contractor's methods of determin-
ing prices, or over competitive bidding or market conditions, our
opinions of probable project cost or construction cost provided for
herein are to be made on the basis of our experience and
qualifications and represent our best judgment as design professionals
familiar with the construction industry. Phillippi Engineering cannot
and does not guarantee that proposals, bids, or the construction
cost will not vary from opinions of probable cost prepared by the firm.
2. This estimate does not include any costs for landscaping, under -
grounding of utilities, or the connection costs for PG&E, Telephone
or Cable TV and all City fees.
Page 4 of 4
CITY OF LODI Development Impact Mitigation Fee
r PUBLIC WORKS.DEPARTMENT
Summary Sheet
Subdivision: Lodi Town Plaza n/a We
Nsaw Tract t F" a
Parcel: 2355 W. Kettleman Lane. Lodi, CA 5449
AiMmes 8wilding Permit 8
027-040-067
AP s
Developerlowner: Target Stores
Name
P.O. Box 1392. Minneapolis, MN. 55440-1392
Address
Project Description: Dept. Store - Major tenets In shopping center
GP Land Use Category: Commercial - Retail Commercial - Retail (shopping center)
Parcel Project (if different)
Account #1 P
A
1) Water Facilities 6J.1-501 S 5.710.00
0.261
IS 1,480.00
1 9.79
S 14.489.20
2) Sewer Facilities - General 60.2-501 $ 1.090.00
0.42
3 460.00
9.79
3 4,503.40
- Lift Station
3) Storm Drainage Facilities 60.3.501 S 7,910.00
1.33
$ 10,520.00
9.79
S 102,990.80
4) Street Improvements 60.4-501 S 5,470.00
2.08
3 11,380.00
9.79
S 111.410.20
5) Police Protection Facilities 60.5.501 S 1.110.00
4.12
S 4,570.00
9.79
S 44.740.30
6) Fire Protection Facilities 60.6-501 S 520.00
2.69
S 1,400.00
9.79
$ 13,708.00
7) Parks & Recreation Facilities 60.7-501 $ 11.980.00
0.091
1,080.00
9.79
$ 10,573.20
8) General City Fac. & Frog. Admin. 60.8-501 S 6,380.001
0.261
1$ 1,660.00
9.79
$ 16,251.40
Subtotal 1-4:
Z 233.393.60
P - Program Fee per Residential Acre Equivalent (RAE) per Resolution 91-172.
due to
approval
RAE - Residential Acre Equivalent per LMC !15.64.070, unless
adjusted.
prior project
Adj. - Checked if RAE is adjusted, see Notes below.
Subtotal 5-8:
$ 85.270.90
F - Fee per acre (rounded to nearest 510.00) - P x RAE.
due prior to acceptance of improv.'s
or 1 year, whichever is less.
A - Gross acreage per LMC 115.64.020A & 15.64.060 (rounded to nearest 0.01 acre),
T - Total Fee for service category - A x F.
Grand Total:
$ 318,664.50
Notes:
1. Water & Sewer RAE factors adjusted to industrial rates based on lower flows for dry goods dept. store. Parks & Recreation and
General City Facilities are based on employees per acre. The above fees are based on 80 FTE's in accordance with information
provided by the developer.
2. The acreage shown includes the portions of Kettleman Lane fronting the Targot parcel which were dedicated to the City and a
prorate share of the new public street Mande Drive).
3. Improvement credits are Pict shown. Any applicable credits will be determined at a later date when project plans are complete
and final quantities and costs are determined.
By: _ �. -- Approved:! �i Record A: ----- --
1
Date Bitled: 315!93
Date Paid: (Fee category 1 ihru 4)
(Fee category 5 thru 8)
14193 IiMP AGMr.XLVVltaruet.X
IMPROVEMENT SECURITY
Faithful Performance Bond
Bond No.
KNOW ,'.LL MEN BY THESE PRESENTS:
WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City", and Target Stores. a Division of
Dayton Hudson Corporation, hereinafter designated "Principal," have entered into an agreement dated
1993, whereby Principal agrees to install and complete certain designated public improvements
and pay appropriate development impact mitigation fees within 365 CALENDAR DAYS FROM THE DATE OF THE
AGREEMENT, in the development known as Lodi Town Plaza. This agreement is on file in the office of the Public Works
Director of the City of Lodi, and is referred to and made a part hereof. and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for faithful performance of said
agreement.
NOW, THEREFORE, we, the Principal and , as surety. are held
and firmly bound unto the City in the penal sum of SEVEN HUNDRED SEVENTY FIVE THOUSAND TWO HUNDRED
SEVENTY AND 90/100 DOLLARS ($775,270.90) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves. our heirs, successors, executors and administrators. jointly and severally, firmly by
these presents.
The condition of this obligation is such that if the above bounded principal, nis or its heirs, executors, administrators,
successors. or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenant%
conditions and provisions in the said agreement and any alteration thereof made as therein provided. on his or their part, to
be kept and performed at the time and in the manner therein specified. and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void. otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation. all to be tared as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed
or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named. on
SURETY:
by:
Attorney-in-fact
Agent
Address
APPROVED AS TO FORM:
City Attorney
PRINCIPAL:
Address
IMPROVEMENT SECURITY
Faithful Performance Bond
Bond No.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the Lity of Lodi, a municipal corporation. hereinafter designated "City", and Target Stores, a Division of
Dayton Hudson Corporation, hereinafter designated "Principal." have entered into an agreement dated
_ , 1993, whereby Principal agrees to install and complete ccnain designated public improvements
and pay appropriate development impact mitigation fees within 365 CALENDAR DAYS FROM THE DATE OF THE
AGREEMENT, in the development known as Lodi Town Plaza. This agreement is on file in the office of the Public Works
Director of the City of Lodi, and is referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for faithful performance of said
agreement.
NOW, THEREFORE, we. the Principal a , as surety, are held
and firmly bound unto the City in the petro sum of EIGHTY FIVE THOUSAND TWO HUNDRED SEVENTY AND
90/I00 DOLLARS (585,270.90) lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns shall in all things stand to and abide by. and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof trade as therein provided, on his or their part. to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this
obligation shall :)ecomc null and void; otherwise it shall be and remain in full force and effect
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of tinte, alteration or addition to the work to be performed
or the specifications accompanying the same shall in any%%ise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duty exccuzed by tine Principal and surety above named, on
SURETY:
by:
Attomcy-in-fact
Agent
Addrefs
APPROVED AS TO FORM:
Citv Attornev
PRINCIPAL:
Address
CITY OF LODI
2?1 West Pine Street, Lodi, California, 95240
INSTRUCTIONS/REQUIREMENTS FOR INSURANCE COVERAGE
1. All contractors and subdividers/developers who have contracts or agreements
with the City are required to carry general liability/ automobile insurance.
2. A duplicate or certificate of insurance shall be delivered to the City
prior to starting any work on a project.
3. Each certificate shall contain satisfactory evidence that each carrier is
required to give the City of Lodi notice 30 days prior to the cancellation
or reduction in coverage of any policy.
4. The insurance certificate must state on its face or as an endorsement a
description of the project that it is insuring.
5. All requirements herein provided shall appear either in•the body of the
insurance policies or as endorsements and shall specifically bind the
insurance carrier.
6. The CITY OF LODI must be named as an additional insured on the face of the.
insurance certificate or as an endorsement attached to the certificate of
insurance. (THE CITY OF LODI MUST BE NAMED THE ADDITIONAL INSURED.)
7. The address of the CITY OF LODI must be shown along with No. 6 above, i.e.,
Additional Insured, City of Lodi, 221 West Pine Street, Lodi, California,
95240.
8. In addition to the additional named insured endorsement on the policy of
insurance, said insurance policy shall be endorsed to include the following
language:
"Such insurance as is afforded by the endorsement for the additional
insureds shall apply as primary insu.•ance. Any other insurance maintained
by the City of Lodi or its officers and employees shall be excess only and
not contributing with the coinsurance afforded by this endorsement."
9. The minimum limits of such insurance shall be $1,000,000 Bodily Injury each
occurrence/aggregate, $1,000,000 Property Damage each occurrence/aggregate,
or $1,000,000 combined single limit.
Automobile insurance $1,000,000:
Contractors must carry automobile insurance;
Subdividers/Developers must carry only if their
vehicles are used on-site.
10. If the limits of coverage are not the amounts specified in Section 9 above,
and/or if the City is not named as an additional insured on the certificate
of insurance, the City will not accept the certificate of insurance and a
corrected certif;cate of insurance must be furnished to the City.
INSURANC.1/TXTw.FRM 1 of 2
60
11. Developer agrees and stipulates that any insurance coverage provided to
the City of Lodi shall provide for a claims period following termination of
coverage which is at least consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government
Code Section 810 et seq.).
12. "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.
13. No contract or agreement will be signed nor will any work begin on a
project until the proper insurance certificate is received.
1NSURANC.1; TXTW. FRM
2 of