HomeMy WebLinkAboutAgenda Report - May 7, 2008 E-09AGENDA ITEM E'l
is% CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving Addendum to Improvement Agreement for
Interlake Square, Tract No 3532,to Provide One -Year Time Extension
MEETING DATE: May 7,2008
PREPARED BY: Public Works Director
RECOMMENDEDACTION: Adopt a resolution approving the Addendum to the Improvement
Agreement for the Public Improvementsfor Interlake Square,
Tract No. 3532, to provide one-year time extension, and authorizing
the City Manager to execute the agreement on behalf of the City.
BACKGROUND INFORMATION: The subdivision is located along the west side of the old
Interlake Industries site, north of Park Street between School Street
and Sacramento Street (see ExhibitA). The development consists of
eleven medium -density single-family residential lots. The
improvement agreement for the required public improvements was approved by Council on August 2, 2006.
Under the terms of the improvement agreement, the developer, Cluff LLC and CMT Construction, Inc., had
365 days from the date of the agreement execution to complete the public improvements. In addition,
payment of Development Impact Mitigation Fees is required prior to acceptance of the public improvements.
The public improvements are substantially complete; however, due to financial constraints on the part of
the developer, the Development Impact Mitigation Fees have not yet been paid. The developer desires
to comply with the requirements of the agreement and is requesting a time extension for completion of
the public improvements and payment of impact fees. Staff feels this is a reasonable request and is
recommending a one-year extension for the completion of public improvements and payment of fees 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 document preparation fees. Staff recommends that
Council approve the Addendum to the Improvement Agreement for the Public Improvements for Interlake
Square, Tract No. 3532, 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
FINANCING AVAILABLE: Notapplicable.
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F. llyy delin
Public Works Director
Prepared by Chris R. Boyer. Junior Engineer
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Attachment
cc: Senior Civil EngineerWelch Junior Engineer Boyer
Cluff LLC CMT Construction, Inc.
Conti & Associates
APPROVED:
Big, City Manager
KAWPOEV_SEWInteriake SquarelCC_ImpAgmt-Addendum doc
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CITY OF LOD]
PUBLIC WORKS DEPARTMENT
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ADDENDUM
to the
IMPROVEMENTAGREEMENT
for the
PUBLIC IMPROVEMENTS
of
INTERLAKE SQUARE
TRACT NO. 3532
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City", and CLUFF, LLC, a California Limited Liability Company, and CMT
CONSTRUCTION, INC., a California corporation, 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 "INTERLAKE SQUARE, TRACT NO. 3532"; and
WHEREAS, Developer and the City have entered into an improvement agreement for the required
public improvements which are a part of, or appurtenant to, the development, hereinafter called
"project"; and
WHEREAS, the original improvement agreement is set to expire on August 2, 2007; and
WHEREAS, Developer desires to extend the term of the improvement agreement to 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 INTERLAKE SQUARE, TRACT NO. 3532.
2. Developer shall perform or cause to be performed all work and/or improvements
described under the original improvement agreement by August 2, 2008.
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\Interlake\lmpAgmt Add Uoc(rev.03/28/2008)
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
FF C
D to
CMT CONSTRUCTION, INC.
fr
CITY OF LODI, A MUNICIPAL CORPORATION
By:
(CORPORATE SEAL)
Blair King, City Manager Date
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attorney
Date
K:\DEV_SERV\Developments\Commercial-Industrial\Interlake\ImpAgmt Add 1.doc(rev. 03/28/2008)
RESOLUTION NO. 2008-74
A RESOLUTIONOF THE LODI CITY COUNCIL APPROVING
THE IMPROVEMENT AGREEMENT ADDENDUM FOR PUBLIC
IMPROVEMENTSAT INTERLAKE SQUARE, TRACT NO. 3532
WHEREAS, the developer, Cluff LLC and CMT Construction, Inc., executed an
improvement agreement for the required public improvements for Interlake Square, Tract
No. 3532, on August 2, 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 improvement agreement, payment of Development Impact Mitigation Fees is required
prior to acceptance of the public improvements: and
WHEREAS, the public improvements are substantially complete; however, due to
financial constraints on the part of the developer, the Development Impact Mitigation Fees have
not yet been paid. The developer desires to comply with the requirements of the agreement
and staff is recommending a one-year extension for the completion of public improvements and
payment of fees 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 Improvementsfor Interlake Square, Tract No. 3532, 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
for Interlake Square, Tract No. 3532, is hereby approved, and further that the
City Manager is authorized to execute said Addendum on behalf of the City of
Lodi.
Dated: May 7,2008
I hereby certify that Resolution No. 2008-74 was passed and adopted by the City Council of the
City cf Lodi in a regular meeting held May 7, 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
JOHL
City Clerk
2008-74
CITY COUNCIL
JOANNE L MOUNCE, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
SUSAN HITCHCOCK
BOBJOHNSON
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:\\www.16di.gov
May 2,2008
BLAIR KING
City Manager
RANDIJOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
Cluff LLC CMT Construction, Inc. Conti & Associates
908 W. Turner Road 2351 W. March Lane P.O. Box 1396
Lodi, CA 95242 Stockton, CA 95207-5239 Woodbridge, CA 95258
SUBJECT: Adopt Resolution Approving Addendum to Improvement Agreement for
Interlake Square, Tract No. 3532, to Provide One-YearTime Extension
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, May 7, 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 letterto 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 letterto 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.
c F. Wally Sandelin
-,Gr ' Public Works Director
FW Slpmf
Enclosure
cc: City Clerk
NCC IMPAGMT-ADDENDUM. DOC