Loading...
HomeMy WebLinkAboutAgenda Report - February 2, 2011 C-06(& AGENDA ITEM Cis! A% CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving Improvement Deferral Agreement for 217 East Lockeford Street MEETING DATE: February 2,201 1 PREPARED BY: PublicWorks Director RECOMMENDED ACTION: Adopt resolution approving Improvement Deferral Agreement for 217 East Lockeford Street. BACKGROUND INFORMATION: The Fraternal Order of Eagles (Owner) has constructed anew meeting hall located at 217 East Lockeford Street. As a condition of the building permit (1309-0623), the construction of public improvementswas required. The required public improvements include the installation of 236 feet of concrete curb, gutter and sidewalk; five feet of landscaping from the back of the sidewalk along Lockeford Street fronting the subject parcel; and curb return improvements at the northwest corner of Lockeford Street and Washington Street (Exhibit A). Owner has requested that the required improvements be deferred since the City plans to widen Lockeford Street from the Union Pacific Railroad to Cherokee Lane within the next two years. Owner has executed an Improvement Deferral Agreement and paid the necessary document preparation and recording fees for the agreement. The agreement also states that the owner agrees to pay for and complete the design and installation of the required improvements on Lockeford Street in accordance with City Standards, including payment of engineering and other applicable City fees, at the time of development of adjacent parcel, or at the request of the City, whichever occurs first. Staff recommends approval of the Improvement Deferral Agreement. FISCAL IMPACT: None. FUNDING AVAILABLE: Property owner funding priorto construction. Prepared by Chris Boyer, Junior Engineer FWS/CRB/pmf Attachment cc: Senior Civil Engineer Fujitani Fraternal Order of Eagles APPROVED: K:\WP\DEV—SERV\CC-217 E LockefordSt.doc lil'a alLw lakl� R Wally ndan Public Works Director *o-nradt Bartlam, City Manager 01/1112011 uCITY OF LODIPUBLIC WORKS DEPARTMENT Exhibit A Lockeford St Widening Plan 217 Lockeford Street WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT DEFERRAL AGREEMENT 217 East Lockeford Street, Lodi, California (APN 041-220-02) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and FRATERNAL ORDER OF EAGLES, 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, known as 217 East Lockeford Street (APN 041-220-02) and described as follows: Parcel One: Commencing at the Northwest corner of Block thirty-eight (38), as shown upon Map entitled, "LAWRENCE HOMESTEAD ADDITION", filed for record April 5, 1920, in Vol. 10 of Maps and Plats, Page 5, San Joaquin Count Records, and running thence South 85" 18' East along South line of alley 86 feet for point of commencement of the following described tract; thence South 85" 18' East along South line of said alley 101 feet; thence South 4" 42' West, 182.47 feet to the North line of Lockeford Street as shown upon said Map; thence South 87" 02' West along the said North line of Lockeford Street, 101.90 feet; and thence North 4°42' East, 196.04 feet to a point of commencement. Being a portion Block thirty-eight (3 8) of said Lawrence Homestead Addition. Parcel Two: All of Lots 1, 2 and 3 in Block 3 of the "Map No. 2 Lawrence Homestead Addition" filed April 5, 1920 in Book 10 of Maps and Plats at Page 59, San Joaquin Records. Building application (1309-0623) has been submitted to allow construction of a new building on the subject property. Installation of public improvements along Lockeford Street are required as a condition of permit issuance in accordance with existing City ordinances and policies regarding off-site improvements as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code. Required improvements include the installation 236 -feet of concrete sidewalks, curb, gutter, 5 - feet of landscaping from the back of the sidewalk along Lockeford Street fronting the subject parcel, a modified parking lot layout and curb return improvements at the northwest corner of Lockeford Street and Washington Street. Owner is desirous of complying with existing City ordinances and policies regarding off-site improvements. However, since the City has plans to widen Lockeford Street from the Union Pacific Railroad to Cherokee Lane, Owner has requested that the required improvements on Lockeford Street be deferred. KADEV_SERVOeferral agreements1217E. Lockeford St.doc Council of the City will approve the deferral of the required Lockeford Street improvements on condition that the Owner first enters into and execute this agreement with 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. Owner agrees to pay for and complete the design and installation of the required improvements on Lockeford Street in accordance with City Standards, including payment for engineering and other applicable City fees, at the time of the widening of Lockeford Street or at the request of the City, whichever occurs first, but in no event sooner than one year from the date of execution of this agreement. 2. Owner agrees to undertake the design and construction of the required improvements within 30 days after written notice is given by the City, and will complete the required improvements within 120 days from the date of notice. 3. This agreement shall run with the land and be binding on the Owner, its heirs, successors or assigns. 4. If Owner fails to complete the required improvements with the time period specified in Item 42 above, the City is hereby authorized to complete the improvements at the expense of Owner, and may file suit against Owner, its heirs, successors or assigns for the costs incurred, as well as for a reasonable sum to be allowed as and for the City's attorney fees incurred in connection with such litigation for the collection of the monies due or may file a lien against said property for the costs incurred. 5. A copy of the Agreement shall be recorded in the office of the San Joaquin County Records, P. 0. Box 1968, Stockton, California 95201-1968. 6. 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: FRATERNAL ORDER OF EAGLES 320 N. Washington Street Lodi, CA 95240 KADEV_SEMDeferral agreements\217 E. Lockeford St.doe 2 3N WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: Dated: Approved as to form: a' CITY OF LODI, a Municipal Corporation 2010 By: Konradt Bartlam, City Manager Attest: Randi Johl, City Clerk FRATERNAL ORDER OF EAGLES 2010 D. Stephen Schwabauer City Attorney F Dated:2010 KADEV_SERV\Deferral agreements\217 E. Lockeford St.doc 3 City of Lodi Publics Works Department IMPROVEMENT COST ESTIMATE FOR DEFERREDIMPROVEMENTS Development: Fraternal Order of Eaqles Acres: 0.97 Developer: Fraternal Order of Eagles Date: 11/11/10 Engineer: TOTAL COST OF PROJECT IMPROVEMENTS Item Description Street Svstem 1 Vertical Curb and Gutter 2 Sidewalk 3 Curb Return, including Handicap Ramp 4 Landscape& Irrigation Total Construction Cost (Engineering &Administration (10% of Construction Costs) Contingencies (10% of Construction Costs) TOTAL COST Quantity Unit Price Total 236 LF 24.00 5,664.00 1,652 SF 6.00 9,912.00 1 EA 15,000.00 15,000.00 1,180 SF 11.00 12,980.00 B. Total $0.00 Subtotal $43,556.00 K:\DEV_SERV\Developments\Commercial-IndustriaKLodi Eagles- 217 LockefordSlUmprovemenl Cost Estimate.xls A. DEVELOPER COST Quantity Total 236 5,664.00 1,652 9,912.00 1 15,000.00 1,180 12,980.00 ubtota/ $43,556.00 $43,556.00 $4,355.60 $4,355.60 A. Total $52,267.20 B. COST OF CITY -FUNDED FACILITIES TO BE BUILT BY DEVELOPER Quanti Iotat 0 0.00 0 0.00 0 0.00 0 0.00 Subtotal Street System $0.00 10% Engineering & Administration 0.00 Total Street System $0.00 $0.00 $0.00 B. Total $0.00 C-6 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT DEFERRAL AGREEMENT 217 East Lockeford Street, Lodi, California (APN 041-220-02) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and FRATERNAL ORDER OF EAGLES, 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, known as 217 East Lockeford Street (APN 041-220-02) and described as follows: Parcel One: Commencing at the Northwest corner of Block thirty-eight (38), as shown upon Map entitled, "LAWRENC-EHOMESTEAD ADDITION", filed for record April 5, 1920, in Vol. 10 of Maps and Plats, Page 5, San Joaquin County Records, and running thence South 85" 18' East along South line of alley 86 feet forpoint of commencementof the following described tract; thence South 85" 18' East along South line of said alley 101 feet; thence South 4" 42' West, 182.47 feet to the North line of Lockeford Street as shown upon said Map; thence South 87' 02' West along the said North line of Lockeford Street, 101.90 feet; and thence North 4°42' East, 196.04 feet to a point of commencement. Being a portion Block thirty-eight (38) of said Lawrence Homestead Addition. Parcel Two: All of Lots 1, 2 and 3 in Block 3 of the "Map No, 2 Lawrence Homestead Addition" filed April 5, 1920 in Book 10 of Maps and Plats at Page 59, San Joaquin Records, Building application (B09-0623) has been submitted to allow construction of a new building on the subj ect property. Installation of public improvements along Lockeford Street are required as a condition of permit issuance in accordance with existing City ordinances and policies regarding off-site improvements as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code. Required improvements include the installation 236 -feet of concrete sidewalks, curb, gutter, 5 - feet of landscaping from the back of the sidewalk along Lockeford Street fronting the subject parcel, a modified parking lot layout and curb return improvements at the northwest corner of Lockeford Street and Washington Street. Owner is desirous of complying with existing City ordinances and policies regarding off-site improvements. However, since the City has plans to widen Lockeford Street from the Union Pacific Railroad to Cherokee Lane, Owner has requested that the required improvements on Lockeford Street be deferred. KADEV_SERVOeferral agreements\217 E. Lockeford St.doc Council of the City will approve the deferral of the required Lockeford Street improvements on condition that the Owner first enters into and execute this agreementwith 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. Owner agrees to pay for and complete the design and installation of the required improvements on Lockeford Street in accordance with City Standards, includingpayment for engineering and other applicable City fees, at the time of the widening of Lockeford Street, but in no event sooner than one year from the date of execution of this agreement. 2. Owner agrees to undertake the design and construction of the required improvements Within 30 days after written notice is given by the City, subj ect to Item #1 above, and will complete the required improvements within 120 days from the date of notice. 3. This agreement shall run with the land and be binding on the Owner, its heirs, successors or assigns. 4. If Owner fails to complete the required improvements or enter a payment agreement, or make payments as required by the agreement with the time period specified in Item #2 above, the City is hereby authorized to complete the improvements at the expense of Owner, and may file suit against Owner, its heirs, successors or assigns for the costs incurred, as well as for a reasonable s um to be allowed as and for the City's attorney fees incurred in connection with such litigation for the collection of the monies due or may file a lien against said property for the costs incurred. If Owner is unable to fund the improvements, City is hereby authorized to complete them and Owner shall enter into an agreement to pay the City's construction costs over a period of three years bearing simple interest at the Local Agency Interest Fund rate in effect at the time of construction. 5. 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. 6. 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. 0. Box 3006 Lodi, CA 95240-1910 Notices required to be given to Owner shall be addressed as follows: FRATERNAL ORDER OF EAGLES 320N. Washington Street Lodi, CA 95240 KADEV SEWDeferral agreements\217 E. LockefordSt.doc 2 IN WITNESS WHEREOF, the patties hereto have set their hands the day, month and year appearing opposite their names. CITY OF LODI, a Municipal Corporation Dated: 2011 By; Konradt Bartlam, City Manager Dated: Attest: Randi Johl, City Clerk FRATERNAL ORDER OF EAGLES 61S 0 Approved as to form: D. Stephen Schwabauer City Attorney Dated: 2011 K1DEV SERVOeferral ageements\217 E.Lockeford St.doc 3 City of Lodi Publics Works Department IMPROVEMENTCOST ESTIMATE FOR DEFERRED IMPROVEMENTS Development: Fraternal Order of Eagles Acres: 0.97 Developer: Fraternal Order of Eagles Date: 11/11/10 Engineer: TOTAL COST OF PROJECT IMPROVEMENTS Street System 1 Vertical Curb and Gutter 2 Sidewalk 3 Curb Return. including Handicap Ramp 4 Landscape& Irrigation Total Construction Cost Engineering & Administration (10% of Construction Costs) Contingencies (10% of Construction Costs) TOTAL COST Quantjt)r Unit Price 236 LF 24.00 1,6! SF 6.00 1,1 K:\DEV—SER\I\Developments\Commercial-IndustriahLodI Eagles- 217 Lockeford $43,556.00 Quantity 236 1,652 1 1,180 subtotal I A. Total 0 5,664.00 9,912.00 15,000.00 12,980.00 $43,556.00 $43,556.00 $4,355.60 $4,355.60 $52,267.20 ACKNOWLEDGMENT State of Cal . nia / County of C3yua u-ey-u ) OnR& A4 It before me, ` (insert name and title of the office personally appeared C. X C n ,. , QWAb—d5=1 Q/ whos b proved to the within instrument st ument and acknowl deed toome t at&slieftl�eq- xe< ut d tbe the pqrsbn(s�vvhose ehe same n @0/henV7eir-authorized capacity{ies}; and that by(iiiei:W;ei; signatures) -on the instrumentthe person(&}; -or the entity upon behalf of which the persori#4-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. , WITNEE Signatui (Seal) _ _ v A. _t' RESOLUTION NO. 2011-13 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING IMPROVEMENT DEFERRAL AGREEMENT FOR FRATERNAL ORDER OF EAGLES FOR 217 EAST LOCKEFORD STREET NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Improvement Deferral Agreement between the City of Lodi and the Fraternal Order of Eagles for installation of public improvements for the facility located at 217 East Lockeford Street; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of Lodi. Dated: February 2, 2011 ------------------------------------------------------------------- ------------------------------------------------------------------- I hereby certify that Resolution No. 2011-13 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 2, 2011, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None .�44' W -c- �HIL City Clerk 2011-13 CITY COUNCIL BOB JOHNSON, Mayor JOANNE L. MOUNCE, Mayor Pro Tempore LARRY D. HANSEN PH IL KATZAKIAN ALAN NAKANISHI CITY OF LODI PUBLIC WORKS DEPARTMENT Fraternal Order of Eagles 217 E. Lockeford Street Lodi, CA 95240 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.lodi.gov January 26,201 1 KONRADTBARTLAM City Manager RANDIJOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director SUBJECT: Adopt Resolution Approving Improvement Deferral Agreement for 217 East Lockeford Street Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, February 2, 2011. 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. Th�pubiic-is -given an opportamty 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 Sandelin r' Public Works Director FWS/pmf Enclosure cc: City Clerk NCO -217 E LOCKEFORDSTLOC