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HomeMy WebLinkAboutAgenda Report - February 20, 2008 E-11AGENDA ITEM EOPI I '• CITY OF LODI COUNCIL COMMUNICATION M AGENDA TITLE: Adopt Resolution Approving the Deferral Agreement for the Victor Road Improvements for Archer Daniels Midland, 350 North Guild Avenue MEETING DATE: February 20,2008 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution approving the attached Deferral Agreement for the Victor Road Improvements for Archer Daniels Midland, 350 North Guild Avenue, and authorizing the City Manager and City Clerk to execute the agreement on behalf of the City. BACKGROUND INFORMATION: The Archer Daniels Midland (ADM) parcel is located at the northeast corner of Guild Avenue and Victor Road (see attached map). Phase I of the project is nearing completion and consists of an operations/distribution building, storage tank farm, boiler room, cooling towers and a rail spur extension from the existing Central California Traction Company (CCTC) mainline to the project site. Phase ll will consist of a 95,000 square -foot dry goods warehouse/distribution building and Phase Ill will consist of a 20,000 square -foot liquid sweetener packaging/warehouse facility. Phases 11 and III will be market-driven expansions. The building permits for the Phase I portion of this projectwere conditioned to require ADM to design and construct the off-site improvements along its Guild Avenue and Victor Road frontages. The Guild Avenue improvements are being constructed as part of the Phase I improvements. The Phase I improvements also include the installation of landscaping along ADM's south fence line. This will act as a screen between the ADM facility and Victor Road traffic. Landscaping between the future sidewalk and curb and gutter along Victor Road will be installed as part of the Deferral Agreement improvements. During ADM's review process with the City, Caltrans requested that the improvements along Victor Road be delayed so that it could be included as a portion of a largerwidening project. The San Joaquin Council of Governments has designated the Victor Road widening project as a future Measure K project. The limits of this project will extend from State Highway 99 to the east limit of Lodi's General Plan area. ADM is proposing to work with the City and construct its Victor Road improvements as a part of this larger Measure K project. ADM is now requesting final inspection and issuance of a Certificate of Occupancy for Phase I prior to the completion of the Victor Road improvements. The agreement, in part, states that ADM will pay for and complete the design and installation of the required improvements in conjunction with the Caltrans project or upon written request by the City or Caltrans, whichever occurs first. Staff recommends approval of the Improvement Deferral Agreement FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Richard Prima, Jr. PublicWorks Director Prepared by Wesley Fujitani. Senior Civil Engineer Attachments cc: ADM Baumbach and Piazza APPROVED: / KIWPZEV_SERVIADM 350 N Gudd=_deferral agreenWtdoc BI , City Manager 211412008 WHEN RECORDED, RETURN TO: City Cleric City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT DEFERRAL AGREEMENT 350 North Guild Avenue, Lodi, California (APN 049-34-036) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, liereinafter referred to as "City" and ARCHER DANIELS MIDLAND, a Delaware corporation, hereinafter referred to as "Owner". RECITALS: Owner is the owner of that certain real property situated in the City of Lodi, County of San Joaquin, lalown as 350 North Guild Avenue (APN 049-34-036) and described as follows: Parcel One: A portion of the Southeast quarter of the Northeast quarter of Section 6, Township 3 North, Range 7 East, Mount Diablo Base and Meridian, being more particularly described as follows: Commencing at the East quarter section corner of said Section 6; thence along the East line of said Section 6, North 00" 01' 00" West, 110.90 feet to the North line of the Union Pacific Railroad Company Right Of Way as depicted on the Map fled in Book 35 of Surveys, Page 143, San Joaquin County Records and the True Point of Beginning; thence continue North 00" 0 V 00" West, 495.84 feet to a 3/4 inch iron rod as depicted on that Map fled in Book 34 of Surveys, Page 131, San Joaquin County Records and malting the Northeast corner of that property described in San Joaquin County Recorder's Instrument No. 01133191; thence North 88" 50' 06" West, 1317.89 feet to the center line of Guild Avenue and the Southwest corner of that Survey last described; thence along said center line, South 00" 01' 50" East, 503.34 feet to the North line of said Railroad Right of Way; thence along said North line, South 89" 09'40" East, 1317.64 feet to the True Point of Beginning. Subject to a public roadway over the West 40 feet thereof. Parcel Two: A portion of the Northeast quarter of Section 6, Township 3 North, Range 7 East, Mount Diablo Base and Meridian San Joaquin County, California being more particularly described as follows: Coinnienciiig at the Southeast comer of said Northeast quarter section; thence North 0" 01 ' West, along the section line 110.90 feet to the North line of the Union Pacific Right of Way as depicted on that Map fled in Book 35 of Surveys, Page 143, San Joaquin County Records; thence along said North line, North 89" 09' 40" West, 180.02 feet to the true point of beginning; thence continue North 89" 09' 40" West, 1107.62 feet to the East line of Guild Avenue (formerly Myrtle Street), 60 feet wide; thence, parallel to the East line of Guild Avenue, South 00" 0 V 50" West, 40.00 feet; thence parallel to said deferral agreement.doc North line, South 89" 09'40" East, 1107.61 feet; thence North 00° 01' West 40.00 feet to the true point of beginning. Building applications (B 19162 and B 19163) has been issued for the ADM Sweetener Distribution Center Project at 350 North Guild Avenue (the "Project"). Owner is desirous of coinplying with existing City ordinances and policies regarding off-site improvements as set forth in Title 15, Chapter 15.444 of the Lodi Municipal Code. However, due to time constraints for completion of the Project, Owner has requested final inspection and issuance of a Certificate of Occupancy for the Project prior to the completion of the off-site improvements required with the above building permit which include those specific improvements reference on the attached Exhibit "A". Council of the City will approve the issuance of the Certificate of Occupancy on condition that the owner first enter into and execute this agreement with the City. NOW THEREFORE, in order to insure satisfactoiyperfornance by Owner of Owner's obligations under said City Code, the parties agsee as follows: Owner will pay for and complete the improvements listed in Exhibit "A" (Victor Road (Hwy 12) Deferral Improvement Engineer's Estimate prepared by Baumbach and Piazza, Inc. and dated 2-1-08) in conjunction with street widening improvements on Victor Road between the Central California Traction Company and State Highway 99 or within 120 days of written request by the City or Caltrans, whichever occurs first. The engineer's estimate for the Victor Road improvements is $628,189. This estimate shall be adjusted annually on January 1 using the ENR 20 -City Construction Cost Index. This Construction Cost Index is currently 8090.06. ADM shall deposit with the City a cash security in the amount of the engineer's estimate, should ADM not perform the work with its own contractor. 2. This agreement shall run with the land and be binding on the Owner, its heirs, successors or assigns. If Owner fails to complete the required improvements within the time period specified in the written request noted in Item #1 above, the City is hereby authorized to complete the improvements for the account at the expense of Owner, and may file suit against Owner, its heirs, successors or assigns for the costs incurred, as well as for a reasonable sum to be allowed as and for the City's attorney fees incurred in connection with such litigation for the collection of the monies due or may file a lien against said property for the costs incurred to the extent such costs exceed the deposit called for in Paragraph 1. 4. A copy of the Agreement shall be recorded in the office of the San Joaquin County Records, P. O. Box 1968, Stockton, California 95201-1968. 5. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. deferral aareement.doc Notices required to be given to City shall be addressed as follows: Richard C. Prima, Jr. Public Works Director City of Lodi P. O. Box 3006 Lodi, CA 95240-1910 Notices required to be given to Owner shall be addressed as follows: Archer Daniels Midland 350 North Guild Avenue Lodi, Ca. 95240 IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: 2008 Dated: 2008 Approved as to form: CITY OF LODI, a Municipal Corporation LIM Blair King, City Manager Attest: Randi Johl, City Clerk Owner ARCHER DANIELS MIDLAND D. Stephen Schwabauer, City Attorney Dated: 2008 deferral agreement.doc Baumbach & Piazza, Inc. Civil Engineers 323 West Elm Street Lodi, CA 95240 (209) 368-6618 -Fax (209) 368-661 QkpFESs/to- A,©R G. 10)Us'°q��`2e C � �� Z cc:uDd'o. C" 62997 m Exp. 06-30-08tU� �Ir � CIw_ OF CALIFQ� Exhibit A Engineer's Preliminary Cost Estimate for Probable Construction Costs ADM - Lodi Site Job Number: 05092 Item Description "--- CF tantity Unit $ Unit Price $ Total VictorRoad wy - Deferredimprovement ngineer ss -Pi ate S.F. $ 2.50 $ 14.3 12.50 Street Improvements Mast Type Street Lights (250 W) 12 EA. $ 2,500.00 $ 1 -- Roadway Excavation --- 1,000 ----- C.Y. $ 20.00 -$-.__ 20,000.00 2 Sawcut & Remove Existing AC 11,330 S.F. $ _ 5.00 $qR r Rnnn 3 0.50' Compact Native Material 31,530 S.F. $ 0.25 $ 7,882.50 4 0.50' Compact Original Ground 39,802 S.F. $ 0.20 $ 7.960.40 5 0.20' AC 8,272 S.F. $ 1.25 $ 10,340.00 6 0.58' AC 40,785 S.F. $ 1.90 $ 77.491.50 — 7 0.30' AB 8,272 S.F. $ 0.60 $ _.._ 4,963.20 8 0.7' AB 31,530 S.F. $ 1.20 $ 37,836.00 9 Remove Ex 6" AC Dike 39 L.F. $ 10.00 $ 390.00 10 Vertical C & G 1,034 L.F. $ 22.00 $ _22,748.00 11 Sidewalk (5) 5,325 S.F. $ 5.50 $ 29.287.50 12 Commercial Driveway 1 EA. $ 2,500.00 $ 2,500.00 13 Concrete Subgrade Compaction 5,725 S.F. $ 2.50 $ 14.3 12.50 14 Mast Type Street Lights (250 W) 12 EA. $ 2,500.00 $ 30_,000.00 15 Remove Sidewalk 57 L.F. $ 6.00 $ 342.00 16 Relocations: MB, Signs, CB, etc. 3 EA. $ 300.00 $ 900.00 17 Landscave and Irrigation 4,148 S.F. $ 10.00 $ 41,48000_ 18 Traffic Striping and sijznaQe 1 L.S. $ 5.000.00 $ 5.000.00 19 Handicap -Ramp 1 EA. $ 2,000.00 $ 2,000.00 20 Traffic Signal (25%) 1 L.S. $ 75.000.00 S 75-000.00 21 Transmission power pole relocation 6 EA. $ 25,000.00 $ 150,000.00- 22 Remove and Replace Gas Vault 1 EA. 3,500.00 $ 3,500.00 Subtotal _$ i $ 600,584 Storm Drainagelmprovements 23 12" Storm Drain 3 L.F. $ 35.00 $ 105.00 24Adjust _ Manhole Frame to Grade-_- ____ _ _ 2 _ EA. $ _ -500.00 $ 1,000.00 25 Side Inlet Catch Basin 1 EA. $ 2.000.00 $ 2000.00 Subtotal $ 3,105 Sanitary Server Improvements 26 Adjust SSMHto Grade 1 EA. $ 500.00 $ 500.00 Subtotal $ 500 Waterlmprovements 27 Fire Hydrant Assembly 3 EA. $ 3,000.00 $ 9,000-M- 28 Water Hot Tap 3 EA. $ 5.000.00 $ 15.000.00 Subtotal $ 24,000 TOTAL S:\Projects\2005\05092\XLS\deferred improvement.xis $ 628,189 2/1/2008 Page 1 of 1 l.-) 11-li 'moi \,_i STORAGE TANKS 0 000 VICTOR ROAD 0 0 --------- - - ------ pz- errcd bllkw pai-h FUTURE RIODM� TRANSMISSION POLES 96.5' CALTRANS FUTURE RIGHT-OF-WAY �---28.5' — — , CITY OF IODI I I STREET EASEMENT Uj 5.0" II 1 2' Z z FUTURE 8' EX. PG&E Z=UOCLBBIKE PAT � Q III III =3 Uj C/L TRANSMISSION UO W � POLES 0.5 xSw 2 FUTURE u 4 PAVEMENT 57< WIDENING CD _ c 0 N Ell a 40' � 10' ADM PARCEL RA LROAD R/W in' VICTOR ROAD _ 80' EXISTING CALTRANS RNV VICTOR ROAD PREPARED IN THE OFFICE OF: DEFERRED IMPROVEMENT EXHIBIT BAU M BAC H & PIAZZA, I N c. CIVIL ENGINEERS 323 WEST ELM STREET FOR ADM 350 N GUILD AVE LODI, CALIFORNIA 95240 RESOLUTION NO. 2008-20 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING IMPROVEMENT DEFERRAL AGREEMENT FOR VICTOR ROAD IMPROVEMENTS FOR ARCHER DANIELS MIDLAND, 350 NORTH GUILD AVENUE BE IT RESOLVED that the Lodi City Council does hereby approve the Improvement Deferral Agreement between the City of Lodi and Archer Daniels Midland for the Victor Road improvementsfor the facility located at 350 North Guild Avenue, Lodi, on file in the office of the City Clerk; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of Lodi. Dated: February20, 2008 hereby certify that Resolution No. 2008-20 was passed and adopted by the City Council of the City dE Lodi in a regular meeting held February 20, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS— None City Clerk 2008-20