HomeMy WebLinkAboutAgenda Report - February 2, 2005 E-05AGENDA ITEM F0#45
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Amending Resolution 2003-213 to Allow Acceptance of
Public Improvements for Legacy Estates Unit 1, Tract No. 3260, Priorto
Completion of the Harney Lane Improvements and Approving Improvement
Agreement for Harney Lane Executed by DSS Company Covering
Completion of Harney Lane Improvements
MEETING DATE: February2,2005
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt a resolution to amend
Resolution 2003-213 to authorize the following actions for the
Legacy Estates Unit 1, Tract No. 3260, subdivision:
1. Allow acceptance of the public improvementsfor the subdivision prior to completion of the street
pavement and appurtenant public improvements in Harney Lane required under the terms of the
Improvement Agreement for the Public Improvementsfor Legacy Estates Unit No. 1 executed by
FCB Building Partners 11, L. P., and approved by Council on November 19,2003.
2. Relieve FCB Building Partners 11, L. P., from responsibility for completion of the street pavement and
appurtenant public improvements in Harney Lane and deem their responsibilities for the installation of
public improvements under the terms of the above referenced improvement agreement complete;
and
3. Approve the Improvement Agreement for the Public Improvementsof Harney Lane executed by
DSS Company covering the completion of the street pavement and appurtenant public improvements
in Harney Lane.
BACKGROUND INFORMATION: On November 19.2003, the City Council adopted
Resolution 2003-213 approving the Final Map and Improvement
Agreement for Legacy Estates Unit 1, Tract No. 3260, between the
City of Lodi and FCB Building Partners 11, L. P.
The subdivision is located north of Harney Lane and west of Mills Avenue, as shown on ExhibitA. The
development consists of 77 single-family residential lots. The subdivision improvements included public
street improvements on Harney Lane from the west subdivision boundary to Mills Avenue, as delineated
on Exhibit A.
The developer's contractor, DSS Engineering Contractors, installed street pavement improvements in
Harney Lane as part of the subdivision improvements. The street pavement improvementsare not in
compliance with the approved improvement plans and do not currently meet City standards. In an effort
to relieve the developer, FCB Building Partners II, L. P., of responsibility for completing the Harney Lane
improvements and allow acceptance by the City of the balance of the subdivision improvements,
DSS Company, parent company of DSS Engineering Contractors, and the developer have requested that
an improvement agreement be prepared by City staff that would allow DSS Company to assume
APPROVED: ::j .
Blair King, tty anager
J 0EV_SERV1egacy_11CC_DSS Improvement Agreement doc 112712005
Adopt Resolution Amending Resolution 2003-213 to Allow Acceptance of Public Improvementsfor
Legacy Estates Unit 1, Tract No. 3260, Prior to Completion of the Harney Lane Improvements and
Approving Improvement Agreement for Harney Lane Executed by DSS Company Covering Completion
of Harney Lane Improvements
February 2,2005
Page 2
responsibilityfor the completion of the Harney Lane improvements. The improvement agreement
requires that DSS Company install the street improvements in Harney Lane in conformance with the
approved improvement plans for the Legacy Estates Unit No. 1 subdivision plus provide engineered
plans and cross-sections showing the corrective measures to be performed to correct pavement, base
and subgrade deficiencies in the improvements previously installed by DSS Engineering Contractors.
Geotechnical services shall be provided to the approval of the Public Works Directorto verify the
pavement structural section in those areas subject to corrective work. In addition, DSS Company is
required to provide Repair or Replacement Security prior to acceptance of the Harney Lane
improvements covered by the agreement to cover the repair or replacement or reconstruction of defective
work for a period of one (1) year after final acceptance of the improvements by the City.
DSS Company has executed the improvement agreement, furnished the City with the necessary
improvement security and insurance certificate, and paid the fees for engineering plan check, inspection
and document preparation services. A copy of the improvement agreement is on file in the office of the
Public Works Director.
FUNDING: Not applicable.
J6V'u"
r Richard C. Prima, Jr.
Public Works Director
Prepared by Sharon A. Welch, Senior Civil Engineer
RCPISAW/pmf
Attachment
cc: Senior Civil EngineerFujitani
Senior Civil EnaineerWelch
Streets Superintendent
DSS 03TPIy
FCB Building Partners II, L. P
J IDEV_SEfRV1egacy_11CC_DSS Improvement Agreement doc 112712005
`rCITY OF LODIPUBLIC WORKS DEPARTMENT
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19 ;
EXHIBIT A
H
W
When Recorded, Return to:
City of Lodi C iClerk's Office
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2005-19
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING
RESOLUTION 2003-213TO ALLOW ACCEPTANCE OF PUBLIC
IMPROVEMENTS FOR LEGACY ESTATES UNIT 1, TRACT
NO. 3260, PRIOR TO COMPLETION OF THE HARNEY LANE
IMPROVEMENTS; AND APPROVING IMPROVEMENT
AGREEMENT FOR HARNEY LANE EXECUTED BY DSS
COMPANY COVERING COMPLETION OF HARNEY LANE
IMPROVEMENTS
WHEREAS, on November 19, 2003, the City Council adopted Resolution 2003-213
approving the Final Map and Improvement Agreement for Legacy Estates Unit 1, Tract No.
3260, between the City of Lodi and FCB Building Partners 11, L. P.; and
WHEREAS, the subdivision is located north of Harney Lane and west of Mills Avenue
and consists of 77 single-family residential lots, with subdivision improvements that include
public street improvements on Harney Lane from the west subdivision boundary to Mills
Avenue, as delineated on Exhibit attached; and
WHEREAS, the developer's contractor, DSS Engineering Contractors, installed street
pavement improvements in Harney Lane as part of the subdivision improvements, which are not
in compliance with the approved improvement plans and do not currently meet City standards;
and
WHEREAS, in an effort to relieve the developer, FCB Building Partners II, L. P., of
responsibility for completing the Harney Lane improvements and allow acceptance by the City
of the balance of the subdivision improvements, DSS Company, parent company of DSS
Engineering Contractors, and the developer have requested that an improvement agreement be
prepared by City staff that would allow DSS Company to assume responsibility for the
completion of the Harney Lane improvements; and
WHEREAS, the improvement agreement requires that DSS Company install the street
improvements in Harney Lane in conformance with the approved improvement plans for the
Legacy Estates Unit No. 1 subdivision plus the following: provide engineered plans and cross-
sections showing the corrective measures to be performed to correct pavement, base, and
subgrade deficiencies in the improvements previously installed by DSS Engineering
Contractors; provide geotechnical services to the approval of the Public Works Director to verify
the pavement structural section in those areas subject to corrective work; provide Repair or
Replacement Security prior to acceptance of the Harney Lane improvements covered by the
agreement to cover the repair or replacement or reconstruction of defective work for a period of
one (1) year after final acceptance of the improvements by the City; and
WHEREAS, DSS Company has executed the improvement agreement, furnished the
City with the necessary improvement security and insurance certificate, and paid the fees for
engineering plan check, inspection, and document preparation services.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby adopts
Resolution No. 2005-19 amending Resolution 2003-213 to authorize the following actions for
the Legacy Estates Unit 1, Tract No. 3260, subdivision:
Allow acceptance of the public improvements for the subdivision prior to
completion of the street pavement and appurtenant public improvements in
Harney Lane required under the terms of the Improvement Agreement for the
Public Improvements for Legacy Estates Unit No. 1 executed by FCB Building
Partners II, L. P., and approved by Council on November 19,2003.
2. Relieve FCB Building Partners II, L. P., from responsibility for completion of the
street pavement and appurtenant public improvements in Harney Lane and
deem its responsibilities for the installation of public improvements under the
terms of the above referenced improvement agreement complete.
3. Approve the Improvement Agreement for the Public Improvements of Harney
Lane executed by DSS Company covering the completion of the street pavement
and appurtenant public improvements in Harney Lane.
Dated: February 2, 2005
I hereby certify that Resolution No. 2005-19 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 2,2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
K@1119�117
EXHIBIT A
CEWrMY MEAMv& TffiFf i,
t
CITY COUNCIL
BLAIR KING
JOHN BECKMAN, Mayor
CITY OF L O D I
City Manager
SUSAN HITCHCOCK
SUSAN J. BLACKSTON
Mayor Pro Tempore
PUBLIC WORKS DEPARTMENT
City Clerk
LARRY D. HANSEN
0. STEVEN SCHWABAUER
BOBJOHNSON
CITY HALL, 221 WEST PINE STREET
City Attorney
JOANNE L. MOUNCE
P.O. BOX 3006
RICHARD C. PRIMA, JR.
LODI, CALIFORNIA 95241-1910
Public Works Director
(209) 333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
January 27,2005
FCB Building Partners
I, LP DSS Company
c/o Frontiers
P.O. Box 6099
3247 W. March Lane, Ste. 220 Stockton, CA 95206
Stockton, CA 95219
SUBJECT: Adopt Resolution Amending Resolution 2003-213 to Allow Acceptance of
Public Improvementsfor Legacy Estates Unit 1, Tract No. 3260, Prior to
Completion of the Harney Lane Improvements and Approving Improvement
Agreement for Harney Lane Executed by DSS Company Covering
Completion of Harney Lane Improvements
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, February 2, 2005. 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. 0. Box 3006, Lodi. California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe 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 Clerk. If you have any questions about communicating with the
Council, please contact Susan Blackston. City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch,
Senior Civil Engineer, at (209) 333-6800, extension 2659.
Richard C. Prima, Jr.
i • Public Works Director
RCP/pmf
Enclosure
cc: City Clerk
NCC -DSS IMPROVEMENTAGREEMENT.DOC