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Home My WebLink AboutAgenda Report - December 17, 2003 E-13AGENDA ITEM E *IS &J& CITY OF LODI W COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving the Addendum to the Improvement Agreement for the Public Improvements of Century Meadows One, Unit 2, Tract No. 2786 MEETING DATE: December 17, 2003 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution approving the Addendum to the Improvement Agreement for the Public Improvements of Century Meadows One, Unit 2, Tract No. 2786 and direct the City Manager and City Clerk to execute the Addendum to the Improvement Agreement on behalf of the City. BACKGROUND INFORMATION: The subdivision is located north of Harney Lane, west of the Woodbridge Irrigation District canal and south of the Century Meadows One, Unit No. 1 development, as shown on Exhibit A. The development consists of 57 single-family residential lots. As part of the subdivision improvements, the developer, K & W Development, LLC, is responsible for the installation of a public masonry wall, landscaping and irrigation improvements along Harney Lane and the installation of public street trees in the parkways between the curb and sidewalk along the interior streets in the subdivision. The conditions of approval of the tentative map for the development require the developer to participate in the ongoing maintenance and replacement of those improvements. In compliance with this condition, the developer paid a one-time fence and landscape maintenance and replacement fee in the amount of $26,754 to cover those costs prior to approval of the final map. The developer has since elected to form a landscape and lighting maintenance district pursuant to the Landscaping and Lighting Act of 1972 to cover the ongoing maintenance and replacement costs for these improvements. Accordingly, the formation of the Century Meadows One Zone 2 to the Consolidated Landscape Maintenance District No. 2003-1 was initiated by Council on December 3, 2003, and a public hearing has been set for January 21, 2004, to hear public testimony on the formation and proposed assessments and for City Council action to form the district. The Addendum to the Improvement Agreement sets forth the developer's and City's responsibilities regarding the formation of the assessment district. The developer is responsible for the professional services fees incurred by the City in the assessment district formation process and has paid the City $14,500 to cover the initial estimates for those costs. When the formation of the assessment district is complete, the City will refund to the developer the fence and landscape maintenance and replacement fee previously paid by the developer less any outstanding unpaid costs associated with the formation of the assessment district. FUNDING: Developer Funds La� Richard C. Prima, Public Works Direc r Prepared by Sharon A. Welch, Senior Civil Engineer i2CPISAWIpmf Attachment cc: Senior Civil Engineer Fujitani Farmers & Merchants Bank K & W Development, LLC APPROVED: CC—Agreement Addendum.doc n, City Manager 12/4/2003 Z 'ON iINn t3NO SMOdb3W AunIN30 --a MlQl ADAM Mm tutro xtMrer xn zm 'STN Ivae a.tuxx a t_ AI t lit 1—jr TUN HSS astir aatata>rta wouacia AA to o A > $I aorJ� —� Y —mal a07J0. t )-A' .:•. (� roc <•. ;�: �\�a.�;. :v>c•.a��'.. 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P,0- Box 3M6 Udi, CA 352414910 WHEREAS, as part of slid . subdivision improvements, the developer K & W Development, L.LC, is responsible for the.installation of a public masonry wall, landscaping and irrigation improvements along Harney Lane, and the installation of public street trees in the parkways between the 'curb and sidewalk along the interior streets in the subdivision, and WHEREAS, the conditions of approval of the tentative map for the development require the developer to participate in the ongoing maintenance and replacement of those improveme. ts. In'complianee with this condition the developer paid a one-time. fence and landsdape maintenance and replacement foe in the amount t of $26,754.00 to cover those costs Prior to the approva1 Of the final maps and WHE.R.EA tY e developer has elected. to farm a landscape and lighting maintenance district pumant to the Landscaping and Lighting Act of 1972 to cover the ongoing maintenance and replaoement costs for these improvements. Accordingly, the formation of the Century Meadows One Zone 2 to the Consolidated. L:andscape. Maintenance ce District No,.2003_1 was initiated by the City Council on December 3, 2003, and a public hearing hats been set for January 21, 2004, to hear public testimony on the formation and proposed assessments and for City Council action to form the district; and WHEREAS, the Addendum to the Improvement Agreement sets forth the developer's and City's responsibilities regarding the formation of the assessment districts and WHEREA , staff recommends that the City Council take the following action with regard to the Century Meadows One, .Unit 2, Tract No. 2788; development: t . Approve. the Addendum to. the Improvement Agreement for the Public Improvements of Century Meadows One, Unit 2, Tract No. 2786, and direct the City; Manager and City Clerk to execute the Addendum to the Improvement Agreement on behalf of the City. The City.0ouncil of the City of Lodi hereby finds as follows: That the Addendum to the Improvement Agreement. for the Public Imrovement of CenturyMeadows:One, Unit 2; Tract No. .278.6, it hereby p approved and.further. authorizes the City Manager and City Clerk to execute . ecute said Addendum. I hereby.oeflify that Resoluflon:No; 20.03-.241 was passed.a.nd adopted .by.the City Council of theCity of Lodi in a regular meeting held December 17, 2003 by the following vote; AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and Mayor Hanson NOES: COUNCILMEMSERS — None ABSENT: COUNCIL MEMBEERS — None ABSTAI . N- COUNCIL MEMBERS — None 'C�SUSAN J. 13LAC STON City Clerk CITY COUNCIL LARRY D. HANSEN, Mayor JOHN BECKMAN Mayor Pro Tempore SUSAN HITCHCOCK EMILY HOWARD KEITH LAND CITY OF LODI PUBLIC WORKS DEPARTMENT K & W Development, LLC c/o Chris Keszler 816 W. Lodi Avenue Lodi, CA 95240 CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333.6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov December 11, 2003 Farmers & Merchants Bank P.O. Box 3000 Lodi, CA 95241 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Adopt Resolution Approving the Addendum to the Improvement Agreement for the Public Improvements of Century Meadows One, Unit No. 2, Tract No. 2786 Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, December 17, 2003. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar 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 Foram immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston, City Clerk, at 333-6702. If you have any questions about the item itself, please call Sharon Welch, Senior Civil Engineer, at 333-6800, extension 2659. Richard C. Prima, Jr. Public Works Director RCP/pmf Enclosure tom: City Clwk NCC AGREEMENT ADDENDUM.DOC