Loading...
HomeMy WebLinkAboutAgenda Report - November 5, 2008 E-07AGENDA ITEM 7 A� CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Improvement Deferral Agreement for 1313 South Stockton Street MEETING DATE: November 5,2008 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution approving the Improvement Deferral Agreement for 1313 South Stockton Street and authorizing the City Manager to execute the agreement on behalf of the City. BACKGROUND INFORMATION: The owner of the property, Thule Hitch Systems, has submitted a building permit application (#620589) for alterations to the manufacturing facilities located at 1313 South Stockton Street (APN 047-050-13). The owner has requestedfinal inspection and issuance of a Certificateof Occupancyfor the manufacturingfacilities prior to the completion of the off-site improvements required with the above building permit. Among those are street widening improvements, the installation of curb, gutter, sidewalks, a commercial driveway, street pavement, storm drain improvements and traffic loop modifications. The owner has signed an Improvement Deferral Agreement and paid the necessary document preparation fee ($1,756) and recording fees for the agreement. The agreement states that the owner will pay for and complete all of the work and improvements in Stockton Street as itemized in Exhibit B cff the agreementwithin two years from the date of this agreement. Staff recommends approval of the Improvement Deferral Agreement. FISCAL IMPACT: None FUNDING AVAILABLE: Not applicable. Improvement Deferral Agreement Fee ($1,756) and recording fees have been paid by the property owner. �W F. Wally SWndelin Public Works Director Preparedby Chris Boyer. Junior Engineer FWSICRBIpmf cc: Junior EngineerBoyer APPROVED: Blair Ki ity Manager K MPIDFV_SERV1CCDefAgmt 1313 S Stockton St doe 10128/2008 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT DEFERRAL AGREEMENT 1313 S. Stockton Street APN 047-050-13 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and THULE HITCH SYSTEMS, 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, and described as follows: See Exhibit" A attached hereto and incorporated herein A building permit (#B20589) has been issued for alterations to the manufacturing facilities located at 1313 S. Stockton Street (APN 047-050-13). Owner will comply with existing City ordinances and policies regarding off-site improvements as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code. However, due to the current difficult financial environment, Owner has requested final inspection and issuance of a Certificate of Occupancyfor the manufacturing facilities prior to the completion of the off-site improvements required with the above building permitwhich include street widening improvements, including but not limited to, the installation of curb, gutter, sidewalks, a commercial driveway, street pavement, storm drain improvementsand traffic loop modifications. Council of the City will approve the issuance of a Certificate of Occupancy on condition that the owner first enter into and execute this agreement with the City. NOW THEREFORE, in order to insure satisfactory performance by Owner of Owner's obligations under said City Code, the parties agree as follows: 1. Ownerwill payfor and complete all of the work and improvements in Stockton Street as itemized in attached Exhibit within two (2)years from the date of this agreement. Preliminary drawings for said improvements(OO8D006-01 through 008D006-06) are on file in the Public Works Department. 2. City shall reimburse Owner for the cost of those improvements itemized as "City Responsibility" on Exhibit B . DEFAGMT.doc 3. Should any entitlement programs providing financial assistance to cover the cost of the required improvements be available at the time of construction, the City will assist the Owner with the submittals required to qualify for said programs. However, City will not have any obligations to Owner should the grants not be awarded whether caused by the fault of the City or otherwise. 4. If Owner fails to complete the required improvements within the time period specified in Item #1 above, the Public Works Director or the City Council may serve written notice upon Owner for breach of this agreement and the default of Owner. 5. 1 n the event of any such notice of breach, Owner shall have the duty to complete the required improvements provided, however, if within five days after the serving of notice, Owner does not give the City written notice of its intention to complete the improvements, and does not commence the required work within five days after its notice to City, the City is hereby authorized to complete the improvements for the account and the expense of Owner, and Owner shall be liable to City for any excess cost or damage occasioned to City thereby. 6. This agreement shall run with the land and be binding on the Owner, its heirs, successors or assigns. 7. 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. 8. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: F. Wally Sandelin 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: Thule Hitch Systems. I I C 1313 S. Stockton Street Lodi, CA 95240-5942 DEFAGMT.doc IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: � .* Dated: /9n_7- � , 2008 --------a - 9 0 - r QW09NNn i Wow, ] 71 ilii ow, w� - caNlwn�o San JoagWn County Approved as to form: CITY OF LODI, a Municipal Corporation By: Blair King, City Manager Attest: Randi Johl, City Clerk D. Stephen Schwaha City Attorney Dated: 9 W 2008 DEFAGMT.dac THULE HITCH SYSTEMS Thomas McMillan CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ . �• �9R �� A County of M&A A!/'W safe Name and W e of Officer (e g ,'Jane Doe, Notary Public") personally appeared Names) or Signers) C�(ersonally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person whose name&d subscribe to the within instrument and ac° kg'' �le�dged to me thatt e 06/tt)6y executed the n e inrltF�ir authorized capacity(), and that by i r/tV1r signature (f on the instrument the personj4, or the entity upon behalf of which the person acted, 16;Fh: GOffmagOq * executed the instrument. AWAIM it WITNESS my hand and official seal. �AZZ te2�) - fy,-)12.JA,h // Ipnafa,re orr OPTIONAL Though the informationbelow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) OtherThan Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee - LJ Guardian or Conservator ❑ Other: Top Wthum nere Signer Is Representing Numberof Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attomev-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other; Top of thumb here Signer Is Representing: 01994 NabOn d Nblary Association • 8298 RermM Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Cad ToN-Free i-B00.8764W7 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW LS SITUATED I N THE COUNTY CIF SQN JOAQUIN, STATE OF CALIFORNIA, AND IS DESCRIBEDAS FOLLOWS: PARCEL ONE: The East200.00 feetof Ldt 60, asshown upon thatcertain mapenbtled, Lodi BamhartTract, filedfor record November 5,1906 in Volume 3, Page 48, of Maps and Plats, San Joaquin County Records. PARCEL T W O The South 270.00 feet of the East 200.00 of Lot 61, as shown upon that certain map entitled, Lodi BaMhart Traci, flied for record November 5, 1906 in Volume :5 Page 48, of Maps and Plats, San Joaquin County Records. PARCELTHREE: Lot 60, as shown upon that certain map entitled, Lodi Barnhart Tract, filed for record November 5,1906 in Volume � Page 48, of Maps and Plats, San Joaquin County Records. Excepting therefrom the East 200.00 feet thereof. Aho exceptthat portionas conveyed to Southern PAd& Company by Deed recorded February 25,1969 in Volume 3279, Page 348, of Official Records, as Document No. 7739, San Joaquin County Records. Also Excepting From PARCELSONE and THREE that portion of Lot600f said Lodi Barnhart Tract taken by the Staff of Califomia, by Order of Condemnation, dated September 7,1973, a cerif led copy of which recorded Septernber 7,1973 in Book 3800 of Official Reco rds, Page 401, as Document No. 43044, lying East of the East line of thatcertain paw of land described in Deed to the Southern Parc Company recorded February 25, 1969 in Volume 3279, Page 348, as Instrument Na 7739, of Official Records, San Joaquin County Records, and Southerly of the following described line: Beginning at point on the West line efStoddon Street (a cry street 60 feet in width), said point having ca• ordinates Y=589,324.03 hast and X-1,778,662AD feet and flying 44.90 feet: North and 3.43 fleet of an axle set to mark the South quarter corner of Section 12, Township 3 North, Range 6 East, Mount Diablo Base and Meridian; thence (1) South B7°31'59" West, 27.77 feet.; thence (2) North89 Y42" West, 550.62 feet; thence (3) South 8900313T West, 249.65 feet to said East line, Co-ordinates, bearing and distances used in the above description are based on the California Co-ordinate System, Zone 3. PARCEL FOUR Lot 61, as shown upon that certain map entitled, Lodi Bamhart Tract filed for record November 5, 1906 m Volume � Page 48, of Maps and Plats, San Joaquin County Records. Excepting therefrurn the South 270.00 feet of the East 200.00 feet thereof. Aho except dvt portion as conveyed to Southern Padfrc Company by Deed recorded February25,1969 in Volume 3279. Page 348 of Official[ Records, San Joaquin County Records. Also exaeptfng flrom PARCELS ONE, TWO and FOUR that portion granted to the C2y cf Lodi by Deed recorded May 9,1984, Recorder's Instrument No. 84-32180, Official Records of San Joaquin County. Df4iF13IT' A" (aorrtkrued) PARCEL FIVE: A portion of Lot 62 cfLodi BarnhartiraM fikd November 5, 1906 in Volume 3, Page 48, of Maps and Plats, San Joaquin County Records and more particularly described as follows: Commencing at the Southwest comer of said Lot fit; Thence North 86°26' East 824.30 feet to the hrtersection CE the South line of said Lot 62 and the West line of Stockton Street, said p i n t also being the point of beginning; thence North along the West IineofStnckton Street 95 feet; Thence South 86'26' West 130feet; Thence South, 95 feet to the South line of said Lot 62; Thence NorthSV76' East along the South line of said Lot 62, 130 feet to the point of beginning. Except thter rn that portion described in Deed to the City of Lodi by Deed recorded November 6, 1964 in Book 2883. Page 357, of Official Records, San Joaquin County Records, and more particularly described as follows Commencing at the Southeast comer of Lot 62 BamhartTract, as ftled for reGoid on November 5,1906 in Volume 3. Page 48, Book of Maps and Plats, San Joaquin County Records; Thence South 8626' West 30.06 feet to thetrue point of beginning thence North, parallel to and 30.00 feetfmm the East line of said Lot 62, 95.00 feet; Thence South 66°26' West, 11.02feet; Thence South, parallelto and 41.00 feet from the East line of said lot, 95.00 feet; thence North 86*26' East, 11.02 feet to the true point of beginning. PARCEL SIX; A portion of Lot 62 of Lodf BamhartTrac t filed November 5, 1906 in Volume 3, Page48, of 1V* and Plats, San Joaquin County Records and more patnAarly described as follows; Bung at the Southwest corner of said Lot 62, thence North3* 44' Eastalongthe West line of said Lot 62, a distance of 312.14 Feet; thence North 86025 East abrrg the South 111m of the North 0.38 acres of said Lot 62 a distance of 673.95 feet; thence South 310.44 feet more cr less to the South line of said Lot 62; thence South 86025 West along the South line of said Lot 62 a distance of694.30 feet to the p i n t of beginning. Except Uvereftom that portion described in Deedto Southern Padflc Company by Deed recorded November 1, 1967 in Book 3163, Page 558, of Official Records, San Joaquin County Records, and more particularly described as follows: That portion of the Westerly 25 feet of said Lot 62 included within the following described parcel of land: Beginning at the Southwest comer of said Lot 62; thenceNorth 3044' East along the West lineofsaid Lot 62 a distance of312.14 feet; thenceNorth86°25' Eastalongthe5outl lineoftheNorth0.38acrescfsaidLot62 a distance of 673.95 Feet; thence South 310.44 feet more cr Jess to the South line of said Lot 62; thence South 96*25 West along the South line of Lot 62 a distance of 694.30 feet to the point of beginning. PARCEL Sf VE tY , An easement for the installation, operation, maintenance and repairof privateubIties over, underand across the North 8 feet of that portion of Lot 62 of Lodi BamhartTract, filed November 5,1906 inVolume 3, Page 48, of Maps and Flats, San 3oaquin County Records, as conveyedtoAnvil West, Inc., a Califomia corporation b Deed recorded July 10, 1964, in Book 2842, Page 114 of Official Records, as Doaent No. 34345, described m scribed as follows: Commencing at the intersection of the West line cf Skoda n Street with the South line of said Lot62; thence North 290 feet aloa►g the West line of Stockton Street to the point of beginning; thence North 86026' West, 130 feet; thence North, 20.44 feet; thence North 86025' East, 130 feet to the West tine of Said Stockton Street; thence South along said West line 20.44 feet to the point of beginning. APR 447-050-13 City ofLodi Publics Works Department Development: Developer Engineer: 1313Stocktpn Street Thule Hitch Systems LLC. Siegfried Engineering, Inc TOTAL COST 0(E' PROJECT IMPROVEMENTS Item Description Quantity Unit Street System 1 Clearing and Grubbing. Lot Grading 1 LS 2 Aggregate Base. Class 11 (.60') 5.152 SF 3 Asphalt Concrete. Type A (0.60') 5.152 SF 4 Verticle Curb and Gutter 548 LF 5 Sidewalk 2,740 SF 6 Commercial Driveway (24' wide) 1 EA 7 Traffic LwpReconnection 1 LS 8 Traffic Control 1 LS 9 Erosion Control 1 LS I_RilriU 011 =I 47 91i701W418II■ 1 3,308 3.308 548 2.740 1 0 0.5 1 Exhibit B n/a 8/14/08 B. CITYRESPON5IBILITY 1.844 1,844 1 0.5 Storm Drain Svstem 1 12" Storm Drain Pipe 38 LF 20 16 2 48" Storm Drain Manhole 1 EA 1 3 Side Inlet Catch Basin 2 EA 1 1 RESOLUTION NO. 2008-212 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING IMPROVEMENT DEFERRAL AGREEMENT FOR 1313 SOUTH STOCKTON STREET NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Improvement Deferral Agreement for 1313 South Stockton Street; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the Improvement Deferral Agreement on behalf of the City of Lodi. Dated: November 5,2008 I hereby certify that Resolution No. 2008-212 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 5, 2008, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— Hitchcock ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None Dil JOHL City Clerk 2008-212