HomeMy WebLinkAboutAgenda Report - May 16, 2007 E-11AGENDA ITEM EA%
&a% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Approving Addendum to the Improvement Agreement for
Public Improvements at 856 North Sacramento Street to Provide One -Year
Time Extension
MEETING DATE: May 16,2007
PREPARED B Y Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving the Addendum to the Improvement
Agreement to provide one-year time extension for the Public
Improvements at 856 North Sacramento Street and authorizing the
City Manager and City Clerk 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.
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. As a condition of the building permit, all public improvements must be completed prior to
occupancy.
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 improvementsas 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 ($548) 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 recommendingthat
Council approve the Addendum to the ImprovementAgreement for the Public Improvementsat
856 North Sacramento Street and authorize the City Managerand City Clerk to execute the agreement
on behalf of the City
FISCAL IMPACT: There will be no financial impact to the City.
FINANCING AVAILABLE: Not applicable. n,'
Richard C. Prima, Jr.
Public Works Director
Prepared by Lyman Chang, Associate Civil Engineer
RCPILCIpmf
cc: Emile Atwood
Associate Civil Engineer. Chano
APPROVED:
Blair King, Manager
K IW P1DEV_SER\AC[mpAgmtAdd-856NSacramento doc 4/26/2007
When Recorded, Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi. CA 95241-1910
RESOLUTION NO. 2007-88
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE IMPROVEMENTAGREEMENT
ADDENDUM FOR PUBLIC IMPROVEMENTSAT
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 a
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, pursuantto the terms thereof, the developer had
365 days from the date of the agreement execution to complete the public
improvements. As a condition of the building permit, all public improvements must be
completed prior to occupancy; 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 ($548) and provide the necessary contract
security 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 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 RESOLVEDthat 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: May 16, 2007
hereby certify that Resolution No. 2007-88 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 16, 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
I JOHL
City Clerk
2007-88
CITY COUNCIL
BOBJOHNSON, Mayor
JOANNE L. MOUNCE
Mayor Pro Tempore
LARRY D. HANSEN
SUSAN HITCHCOCK
PHIL KATZAKIAN
CITY OF LODI
PUBLIC WORKS DEPARTMENT
EmileAtwood
5100 Tudor Rose Glen
Stockton, CA 95212-9278
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAIL wdeptaplodi.gov
http:\www.i6di.gov
May 11,2007
BLAIR KING
City Manager
RANDI JOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
SUBJECT: Adopt Resolution Approving Addendum to the Improvement Agreement for
Public Improvementsat 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, May 16, 2007. 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 F1 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 Lyman Chang,
Senior Civil Engineer, at (209) 333-6800, extension 2665.
Richard C. Prima, Jr.
l✓ - Public Works Director
RCPlpmf
Enclosure
cc: City Clerk
K:1WPIDEV SERV\NCIMPAGMTADD 856NSACRAMENTO.DOC