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HomeMy WebLinkAboutAgenda Report - March 7, 2007 E-054 AGENDA ITEM &IM CITY OF WDI 7M CWCI ► CC ICi� TION AGENDA TITLE: Adopt Ftesolution Approving Addendum to the Improvement Agreement for Public Improvements at 1125 East Pine Street MEETING BATE: March 7, 2007 PREPAlI*D BY: Pubic Works Director RECOIIIMEIDED ACTION: Adopt a resolution approving the Addendum to the Improvement Agreement for the Public Improvements at 1125 East Pine Street and authorizing the City Manager and City Clerk to execute the agreement on behalf of the City. BACKGROL04D INFORMATION: The developer, Nick Meyers, has applied for a building permit to construct a warehouse on 1125 East Pine Street. Public improvements, including curb, gutter, sidewalk and miscellaneous storm drainage improvements, are part of the off-site improvement requirement, as specified in LMC Chapter 15.44. The developer executed an improvement agreement for the required public improvements in March 2006. Under the terms of the improvement agreement, the developer had 365 days from the date of the agreement execution to complete the public improvements. The public improvements have not been completed as of this date, due to financial constraints on the part of the developer. The developer desires to comply with the requirements of the agreement and is requesting a time extension for completion of the public improvements. Staff feels this is a reasonable request and is recommending a one-year extension for the public improvements as specified under the terms of the original improvement agreement. The addendum also species that the developer pay all the additional costs of the document preparation ($548) and provide the necessary contract security and insurance for the terms of the original agreement. The developer has executed the agreement and paid the additional fees. Staff is recommending that Council approve the Addendum to the Improvement Agreement for the Public Improvements at 1125 East Pine Street and authorize the City Manager and City Clerk to execute the agreement on behalf of the City FISCAL MPACT: There will be no financial impact to the City. FINANCING AVAILABLE: Not applicable. Richard C. Prima, Jr. Public Works Director Prepared by Lyman Chang, Associate Civil Engineer RCPILCIpmf Attachments cc: Nickrs Asso�Civil Engineer, Chang APPROVED: Blair King, City Manager K:`WP1D EV_SffRV1CImpAgmt_1125EPine. doc 2/20/2007 Woen Recorded, Please Datum to: Laoi Cay Clerk P.D. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2007-35 A RESOLUTION OF THE LOM CITY COUNCIL APOROVING THE IMPROVEMENT AGREEMENT ADCfENDUM FOR PUBLIC IMPROVEMENTS AT 1125 EAST PINE STREET WHEREAS, Developer Nick Meyers has applied for a building permit to construct a warehouse at 1125 East Pirie Street. Public improvements, including curb, gutter, sidewalk, and miscelkU-eous storm drainage improvements are a part of the off-site irnproverrwnt requirement, as specified in Lodi Municipal Code Chapter 15.44; and WHEREAS, the developer executed an improvement agreement for the required public improvements in March 2006 and, pursuant to the terms thereof, the developer had 36.5 days from the date of the agreement execution to complete the public improvements; and WHEREAS, although the public improvements have not been completed as of this dame, the developer desires to comply with the requirements of the agreement and is requesting a time extension for completion of the public improvements, and staff therefore recommends a one-year extension for the public improvements as specified under the terms of the original improvement agreement; and WHEREAS, the addendum also specifies that the developer pay all the additional costs of the document preparation ($548) and provide the necessary contract securtty and insurance for the terms of the original agreement; and WHEREAS, the developer has executed the agreement and paid the additional fees, and staff recommends that the City Council approve the Addendum to the Improvement Agreement for the Public Improvements at 1125 East Pine Street and authorize the City Manager to execute the agreement on behalf of the City of Lodi. finds: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi 1. That the Agendum to the Improvement Agreement for the Public Improvements at 1125 East Pine Street is hereby approved, and further authorizes the City Manager to execute said Addendum on behalf of the City of Lodi. Doted: March 7, 20OC7 I hereby certify that Resolution No. 2007-35 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 7, 2007, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None DI JOHL City Clerk 2007-35 CITY COUNCIL BOB JOHNSON, Mayor JOANNE L. MOUNCE Mayor Pro TNrnpore LARRY D. HANSEN SUSAN HITCHCOCK PHIL KATZAKIAN CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:kkwww.lodi.gov March 2, 2007 Nick Byers 77 Riverwood Drive Woodbridge, CA 9525$-9053 BLAIR KING City Manager RANDIJOHL City Clerk D. STEVEN SCHWARAUER City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Adopt Resolution Approving Addendum to the Improvement Agreement for Public lmptovements at 1125 East Pine Street Enclosed is a copy of background information on an item on the City Council agenda of Wodnesday, March 7, 2D07. 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 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 Randi Johl, City Clerk, at 333-6702. If you have any questions about the item itself, please call Lyman Chang, Associate Civil Engineer, at 333-6800, extension 2665. Richard C. Prima, Jr. r Public Works Director RCPlpmf Enclosure GG. City Clea K:IWMDEV SERVINJCIMPAGVT 1125EPINEDOC