HomeMy WebLinkAboutAgenda Report - April 16, 2008 E-06AGENDA ITEM & (9
CITY OF IrODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving Addendum to ImprovementAgreement for
Public Improvements at 856 North Sacramento Street to Provide One -Year
Time Extension
MEETING DATE: April 16,2008
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving the Addendum to the Improvement
Agreement to provide one-year time extension for the Public
Improvementsat 856 North Sacramento Street and authorizing the
City Manager to execute the agreement on behalf of the City.
BACKGROUND INFORMATION: The developer, Emile Atwood, has applied for a building permit to
construct an office/retail building at 856 North Sacramento Street.
There is no map required for this project. 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 June 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 City has already approved an addendum to the
improvement agreement to provide a one-year extension and now the developer is requesting another year
extension. As a condition of the building permit, all public improvements must be completed prior to
occupancy. All public improvements are expected to be completed by March 19, 2009.
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 specifies that the developer pay all
the additional costs of the document preparation ($566) and provide the necessary contract security and
insurance under 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
856 North Sacramento Street and authorize the City Manager execute the agreement on behalf of the City.
FISCAL IMPACT: There will be no financial impact to the City.
FINANCING AVAILABLE: Not applicable. P
F. Wally Sandelin
Public Works Director
Prepared by Chris Boyer, Junior Engineer
FW51CRBlpmf
cc: Emile Atwood
Junior Engineer Boyer
APPROVED
KAWPIDEV SERV\ClmpAgmtAdd 856NSacramento-2.doc
^grr ' City Manager
4/8/2006
ADDENDUM
to the
IMPROVEMENTAGREEMENT
for the
PUBLIC IMPROVEMENTS
Of
856 N Sacramento Street
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City", and EMILE ATWOOD and J. CELIA ATWOOD, hereinafter referred to as
"Developer".
RECITALS:
WHEREAS, Developer has applied to the City for issuance of a building permit allowing
Developer to build on that parcel known as 856 N. Sacramento Street (APN 041-80-25); and
WHEREAS, Developer and the City have entered into an improvement agreementfor the required
public improvements which are a part of, or appurtenant to, the development, hereinafter called
"project"; and
WHEREAS, the addendum improvement agreement is set to expire on May 26,2008; and
WHEREAS, Developer desires to extend the term of the improvement agreementto allow extra
time for the completion of the public improvements.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, it
is hereby agreed between the parties as follows:
1. That this document is considered an addendum to the Improvement Agreement for the
Public Improvements of 856 N. Sacramento Street.
2. Developer shall, within 365 calendar days from the date of this agreement or by March
16,2009, whenever occur first, perform or cause to be performed all work and/or
improvements described under the original improvement agreement.
3. Developer agrees to pay all additional costs for preparation and execution of this
addendum.
4. Developer shall provide and keep current the necessary contract security and insurance
as specified in the original improvement agreement.
5. All other terms and conditions of the original improvement agreement shall remain
unchanged.
K:\DEV_SERV\Developments\Commercial-Industrial\856 N. Sacramento St\B1 1683 Imp Agmt Add v2.doc(rev.
03/12/2008) 1
6. Execution
In Witness Whereof, Developer and City have caused their names to be hereunto affixed
and the City of Lodi has caused its corporate name and seal to be hereunto affixed by its
proper officers thereunto duly authorized.
Developers
Date Emile Atwood
J. Celia Atwood
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Blair King, City Manager
ATTEST:
(CORPORATE SEAL)
Date
Randi Johl, City Clerk Date
APPROVED AS TO FORM:
Fyz:�--
D. ephen Schwabauer, City Attorney
KADEV_SERV\Develop ments\Commercial-Industrial\856 N. Sacramento St\B11683 imp AcmtAdd v2.doc(rev.
03/1212008) 2
RESOLUTION NO. 2008-63
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE IMPROVEMENTAGREEMENT
ADDENDUM FOR PUBLIC IMPROVEMENTS AT
856 NORTH SACRAMENTO STREET
WHEREAS, the developer, Emile Atwood, has applied for a building permit to
construct an office/retail building at 856 North Sacramento Street. Public improvements,
including curb, gutter, sidewalk, and miscellaneous storm drainage improvements, are
part of the off-site improvement requirement as specified in Lodi Municipal Code Chapter
15.44; and
WHEREAS, the developer executed an improvement agreement for the required
public improvements in June 2006 and, pursuant to the terms thereof, the developer had
365 days from the date of the agreement execution to complete the public improvement.
As a condition of the building permit, all public improvements must be completed prior to
occupancy; and
WHEREAS, the City Council approved an addendum to the improvement
agreement on May 16, 2007, to provide a one-year extension; and
WHEREAS, 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, 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 ($566) and provide the necessary contract security
and insurancefor 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 856 North Sacramento 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 Addendum to the Improvement Agreement for the Public
Improvements at 856 North Sacramento Street is hereby approved, and
further that the City Manager is authorized to execute said Addendum on
behalf of the City of Lodi.
Dated: April 16, 2008
hereby certify that Resolution No. 2008-63 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 16, 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
ANDIJOHL
City Clerk
2008-63
CITY COUNCIL
JOANNE L. MOUNCE. Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
SUSAN HITCHCOCK
BOBJOHNSON
PHIL KATZAKIAN
CITY OF LODI
PUBLIC WORKS DEPARTMENT
Emile Atwood
5100 Tudor Rose Glen
Stockton. CA 95212-9278
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LOOI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
April 11, 2008
BLAIR KING
City Manager
RANDI JOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt Resolution Approving Addendum to Improvement Agreement for
Public Improvements at 856 North Sacramento Street to Provide One -Year
Time Extension
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, April 16, 2008. 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-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 Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Chris Boyer, Junior Engineer,
at (209) 333-6800, extension 3321.
F. Wally Sandefin
�r Public Works Director
FWS/pmf
Enclosure
cc: City Clerk
NCIMPAGMTADD 856NSACRAMENTO-2.DOC