HomeMy WebLinkAboutAgenda Report - July 18, 2007 E-16AGENDA ITEM Far If*
CITY OF LCDI
COUNCIL COMMUNICATION
7M
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Addendum to the
Improvement Agreement for Public Improvements at 495 North Guild Avenue
to Provide One -Year Time Extension
MEETING DATE: July 18,2007
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute the
Addendum to the Improvement Agreement to provide a one-year
extension for the Public Improvementsat 495 North Guild Avenue
and authorizing the City Manager to execute the agreement on
behalf of the City.
BACKGROUND INFORMATION: The developers, Delmar and Doris Batch, have applied for a building
permit to construct a mini -storage building at 495 North Guild Avenue.
Public improvements, including curb, gutter, sidewalk and public water
pipe improvementsare part of the off-site improvement requirements,
as specified in LMC Chapter 15.44. The developer executed an improvement agreement for the required
public improvements in July 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 priorto occupancy.
The public improvements have not been completed as of this date, due to scheduling difficulties. The
developer desires to comply with the requirementsof the agreement and is requesting a time extension for
the 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 specified 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 fee. Staff is recommending that
Council approve the Addendum to the Improvement Agreement for the Public Improvements at
495 North Guild Avenue and authorize the City Manager to execute the agreement on behalf of the City
FISCAL IMPACT: There will be no financial impact to the City.
FUNDING AVAILABLE: Not applicable
Richard C. Prima, Jr.
Public Works Director
Prepared by Lyman Chang, Senior Civil Engineer
RCPILCIdrr
cc: Delmar Batch
City Attorney
Senior Civil Engineer, Chang
APPROVED:
Blair KFig,City Manager
KIWPIDEV_SERV1ClmpAgmtAdd_495NGuild doc
711012007
When Recorded. Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2007-142
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE IMPROVEMENTAGREEMENT
ADDENDUM FOR PUBLIC IMPROVEMENTSAT
495 NORTH GUILD AVENUE
WHEREAS, the developers, Delmar and Doris Batch, have applied for a building
permit to construct an office/retail building at 495 North Guild Avenue. Public
improvements, including curb, gutter, sidewalk, and public water pipe 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 July 2007 and, pursuant to 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,
and the developer desires to comply with the requirements of the agreement and is
requesting a time extension for completion of the public improvements; and
WHEREAS, staff therefore recommends a one-year extension for the public
improvementsas specified under the terms of the original improvement agreement; and
WHEREAS, the addendum also specifies that the developer pay all the
additional costs d 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 495 North Guild Avenue and
authorize the City Managerto execute the agreement on behalf of the City of Lodi.
follows:
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council finds as
1. That the Addendum to the Improvement Agreement for the Public
Improvementsat 495 North Guild Avenue is hereby approved, and further
that the City Manager is hereby authorized to execute said Addendum on
behalf of the City of Lodi.
Dated: July 18, 2007
hereby certify that Resolution No. 2007-142 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held July 18,2007, by the following
vote:
AYES: COUNCIL MEMBERS— Hansen, Katzakian, and Mayor Johnson
NOES: COUNCIL MEMBERS— Mounce
ABSENT: COUNCIL MEMBERS— Hitchcock
ABSTAIN: COUNCIL MEMBERS — None
iEUNI JOHL
City Clerk
2007-142
CITY COUNCIL
BOB JOHNSON, Mayor
JOANNE L MOUNCE
Mayor Pro Tempore
LARRY D. HANSEN
SUSAN HITCHCOCK
PHIL KATZAKIAN
Delmar Batch
11174 N. Davis Road
Lodi, CA 95242
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
EMAILlodi.gov
http:\ www.l Lgov
July 13, 2007
BLAIR KING
City Manager
RANDIJOHL
City Clerk
0. STEVEN SCHWABAUER
City Attorney
RICHARD O PRIMA. JR.
Public Works Director
SUBJECT: Adopt Resolution Authorizing City Manager to Execute Addendum to the
ImprovementAgreement for Public Improvements at 495 North Guild Avenue
to Provide One -Year Time Extension
Enclosed is a copy of background information on an item -an the City Council agenda of
Wednesday, July 18, 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, 95241-191 Q. 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 333-6702.
If you have any questions about the item itself, please call Lyman Chang,
Senior Civil Engineer, at 333-6800, extension 2665.
414,-���
7Richard C. Prima, Jr.
. Public Works Director
RCPlpmf
Enclosure
cc: City Clerk
NCIMPAGMTADD-495NGUILD. DOC