ITEM 4. 9
CITY MANAGER' S REPORT
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
ITEM: ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT
3833 VILLAGE L" FROM RIVER ISLANDS
DEVELOPMENT, LLC
RECOMMENDATION: Adopt Resolution Accepting Public Improvements for Tract 3833 Village " L" from River Islands
Development, LLC
SUMMARY:
River Islands Development, LLC ( RID), the developer for the River Islands project, has completed construction of the public improvements listed in the GASB 34 Report Attachment " C") for Tract 3833, Village " L", in accordance with their Subdivision Improvement Agreements ( SIA). The improvements have been inspected by City staff and have been deemed complete in accordance with City specifications. A Vicinity Map for Tract 3833 is included as Attachment B".
RID has provided a one- year warranty bond based on 10% of the construction cost of the completed improvements and a master lien release for the improvements being accepted. Staff recommends City Council accept the public improvements for Tract 3833, Village L".
BACKGROUND:
The City of Lathrop City Council approved Vesting Tentative Map ( VTM) 3694 on March 27, 2007, and an amended VTM 3694 with updated conditions of approval on June 1, 2015. Tract 3833 complies with the amended conditions of approval of VTM 3694.
As required by the City' s subdivision ordinance, the final map for Tract 3833 included a Subdivision Improvement Agreement ( SIA) to guarantee any public improvements, which was approved by City Council on April 9, 2018 by Resolution No. 18- 4362. The public improvements proposed for City maintenance include the water and sewer improvements within the private streets. A Home Owner' s Association ( HOA) has been established for the maintenance of all other improvements within the private streets.
Completion of the public improvements listed in the GASB 34 Report fulfills the associated obligations of the SIA. The bond values and numbers are detailed in Table 1 below. Staff request Council approve the release of the Performance and Labor & Materials Bonds and their replacement with the Warranty Bond and released upon acceptance of the improvements.
CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 3833 VILLAGE L"
FROM RIVER ISLANDS DEVELOPMENT, LLC
Table 1 - Bond Details
Performance
Bond Labor & Materials Bond WarrantyBond
Villa e Tract Number/ Value Number/ Value Number/ Value L 3833
681509/
681509 / $ 501, 000
681509 /
1, 002, 000 102, 200
REASON FOR RECOMMENDATION:
City staff has inspected Tract 3833 and confirmed that the improvements have been completed in accordance with City specifications. RID has submitted a master lien release as shown in Attachment " D" for the improvements being accepted. Staff has received the one- year warranty bonds and as- built drawings for said improvements.
Staff recommends Council accept the improvements.
FISCAL IMPACT:
The City' s maintenance costs will increase because of the additional improvements that have to be maintained. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship for the completed improvements. The City' s Service Maintenance CFD 2013- 1 has been established to further fund City maintenance and operating costs. A Home Owner' s Association ( HOA) has been established for the maintenance of all other improvements within the private streets.
ATTACH M ENTS:
A. Resolution Accepting Public Improvements for Tract 3833 Village ' L" from River Islands Development, LLC
B. Vicinity Map
C. GASB 34 Report
D. Developer Lien Release Letter
CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 3833 VILLAGE L"
FROM RIVER ISLANDS DEVELOPMENT, LLC
APPROVALS:
3 7. 22
Brad T lor Date
Land Development Manager
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Michael Kin Date
Director of Public Works
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Glenn Gebhardt Date
City ngineer
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Cari Date
Finance Di ctor
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Salvador Navarrete Date
City Attorney
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Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 3833 VILLAGE ' L" FROM RIVER
ISLANDS DEVELOPMENT, LLC
WHEREAS, the City of Lathrop City Council approved Vesting Tentative Map VTM) 3694 on March 27, 2007, and an amended VTM 3694 with updated conditions of approval on June 1, 2015. Tract 3833 complies with the amended conditions of approval of VTM 3694; and
WHEREAS, as required by the City' s subdivision ordinance, the final map for Tract 3833 included a Subdivision Improvement Agreement ( SIA) to guarantee any public improvements, which was approved by City Council on April 9, 2018 by Resolution No. 18- 4362; and
WH REAS, the public improvements proposed for City maintenance include the water and sewer improvements within the private streets. A Home Owner' s Associatiori ( HOA) has been established for the maintenance of all other improvemE nts within the private streets; and
WH EREAS, completion of the public improvements listed in the GASB 34 Report fulfills the associated obligations of the SIA. The bond values and numbers are detailed in Table 1 below. The Performance and Labor & Materials Bonds will be replaced with the Warranty Bond and released upon acceptance of the improvemE nts; and
WHIEREAS, the bond values and numbers, provided by River Islands DevelopmE nt, LLC ( RID), are detailed in Table 1 below. Staff request Council approve the releasE of the Performance and Labor & Materials Bonds and their replacement with the Warranty Bond and released upon acceptance of the improvements; and Table 1 - Bond Details
Performance
Bond Labor & Materials Bond Warranty Bond
Village Tract Number/ Value Number/ Value Number/ Value 681509/
681509 / $ 501, 000
681509 /
3833 1, 002, 000 102, 200
WHI: REAS, City staff has inspected the public improvements and confirmed that the improvements have been completed in accordance with City specifications; and
WHEREAS, RID has submitted a master lien release for the improvements proposed f r acceptance, a one- year warranty bond, and the as- built drawings; and WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship for the completed improvements; and
WHEREAS, the City' s Service Maintenance CFD 2013- 1 has been established to further fund City maintenance and operating costs. A Home Owner' s Association HOA) has been established for the maintenance of all other improvements within the private streets.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop accepts the public improvements for Tract 3833 Village " L" from River Islands Development, LLC and authorizes the release of Performance and Labor and Material Bonds.
The foregoing resolution was passed and adopted this 14th day of March, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACH M E NT B
TRACT 3835
RIVER ISLANDS PARKWAY
PARCEL B
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WESTWIND
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TIDE LINE DRNE
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MARINA DRIVE
TRACT 3829 I
VILLAGE L
VICNITY MAP
FEBRUARY2022
ATTACHMENT C
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 1/ 2022
Tract No.: River Islands Village L- Bungalow
Item Unit Unit Price Amount
8" Sanitary Sewer Pipe LF 2, 110 $ 28. 00 $ 59, 080. 00 Sewer Service EA 38 $ 2, 500. 00 $ 95, 000. 00
Manholes EA 16 $ 4, 000. 00 $ 64, 000. 00
8" Water Line( including all appurtenances) LF 2, 530 $ 32. 00 $ 80, 960. 00 Water Services ( including 2" waterservice& 1 watermanifold) EA 38 $ 4, 000. 00 $ 152, 000. 00 Fire Hydrants EA 2 $ 4, 000. 00 $ 8, 000. 00
Blow Off Valve EA 5 $ 4, 000. 00 $ 20, 000. 00
Resilient Valve EA 13 $ 1, 550. 00 $ 20, 150. 00
Total $ 499, 000. 00
T: 25500- River Islands Phase 1A\ Estimates\ GASB 34 Reports Phase iB\ Village L- Bungalow\ Village L- Bungalow. xls
ATTACHMENT D
February 22, 2022
Mr. Glenn Gebhardt, City Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, California 95330
Re: Release of Liability— Mechanic' s Liens Pursuant to California Civil Code Acceptance of Public Improvements— Village L— Tract 3833) Dear Glenn:
As part ofthe acceptance process for certain public improvements scheduted for City Council action at its March 14, 2022 regular meeting, the City has requested that we provide a waiver and release of all liability to the City of Lathrop for any mechanic' s liens that may exist within River Islands Village L.
This letter constitutes River Islands Construction, LLC' s(" RIC"} acceptance ofany and ail liability regarding any mechanic' s liens that may have been recorded with regards to the aforementioned projects pursuant to Cal. Civi( Code § 3262. River Islands Construction, LLC shal( retain liability for any such liens, including any claims for payment for labor and service provided and equipment and rnaterial delivered. Note that RIC has been assigned the original construction contract from River Islands Development, LLC.
ln connection therewith, and to the fullest extent permitted by law( which will not permit the City to be indemnified for its sole negligence or witlful rnisconduct), RIC and its successors and assigns shall defend with counsel acceptable to the City, indemnify and hold harmless City, its attarneys, officers, employees and officials( collectively" City Indemnitees"}, from and against any liability, claims, suits, acrions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened inc(uding but not limited to reasanable attorneys' fees, litigation expenses and court costs af an5 kind without restriction or limitation caused by or as a direct consequence of, in whole or in part, any payment claims of Infr structure Contractors or Infrastructure Mechanic' s Liens for the above improvements. RIC and its successors and assigns shall pay such obligations as they are incurred by City Indemnitees or any of thern and, in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect City Indemnitees from fees, costs or liability with respect to such claim or lawsuit.
5hould you have any questions or concerns regarding this letter, please cantact me at( 209) 879-7900.
ly,
T3 West Stewart Road Susan Dell' Osso, President
tatlrrop, California 95330
209. 879. 7900
nwenstaods. com
cc: Salvador Navarrete, City Attorney, City of L.athrop Cari James, Director of Finance, Ci af Lathrop
Ken Reed, Senior Construction Manager, City af I,athrop Brad Taylar, Associate Engineer
Michael Krill. Contro(ler
Debbie Belmar. Lega] Department Manager
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33 V est Stewart Road
lathrop, Gaiifornia 95330
209. 8 9. 79Q0
Riverlslantls. com