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Home My WebLink AboutAgenda Report - October 5, 2011 C-11AGENDA ITEM CAI Ah CITY OF LODI COUNCIL COMMUNICATION Im AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement for 21 East Elm Street MEETING DATE: October 5, 2011 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute Improvement Deferral Agreement for 21 East Elm Street. BACKGROUND INFORMATION: Ann H. Peden (Owner) has submitted a building permit application to allow tenant improvements to an existing building located at 21 East Elm Street. As a condition of the building permit (B11-0970), the construction of public improvements is required. The required public improvements along Elm Street and Main Street include the installation 180 feet of concrete sidewalks, curb, gutter, a curb return, and 30 feet of 12 -inch storm drain pipe; replacement of 3,030 square feet of asphalt concrete; and the replacement of an above -ground powerfeed with an underground power feed to the building (Exhibit A). Owner has requested that the required improvements be deferred. 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 Elm Street and Main Street in accordance with City Standards, including payment of engineering and other applicable City fees, at the time of the widening of Main Street, 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 prior to construction. Prepared by Chris Boyer, Junior Engineer FWS/CRB/pmf Attachment cc: Senior Civil EngineerChang Ann H. Peden APPROVED KAWP\DEV SERv1CC ImpDefA9mt 21 E ElmSt.doc F. Wally Sapelin PublicWorks Director `'f�onradt Bartlam, City Manager 09/20/2011 City of Lodi Publics Works Department Development: 21 East Elm Street Developer: Engineer: TOTAL COST OF PROJECT IMPROVEMENTS IMPROVEMENT COST ESTIMATE FOR IMPROVEMENTS Acres: Date: 8/17/11 Item Description Quantitv Unit Price Total Quantitv Total Street System 1 Vertical Curb and Gutter 180 LF 25.00 4,500.00 180 4,500.00 2 Sidewalk 1,350 SF 6.00 8,100.00 1,350 8,100.00 3 Curb Return, including Handicap Ramp 1 EA 15,000.00 15,000.00 1 15,000.00 4 Concrete Subgrade Compaction 1,350 SF 3.00 4,050.00 1,350 4,050.00 5 Side Inlet Catch Basin 1 EA 2,272.00 2,272.00 1 2,272.00 6 12" Storm Drain Pipe (RCP) 30 LF 40.00 1,200.00 30 1,200.00 7 Aggregate Base, Class II (0.50') 3,030 SF 0.90 2,727.00 3,030 2,727.00 8 Asphalt Concrete, Type B (0.30') 3,030 SF 2.00 6,060.00 3,030 6,060.00 9 Compact Original Ground (0.50') 3,030 SF 0.20 606.00 3,030 606.00 10 Remove Existing Pavement 3,030 SF 7.00 21,210.00 3,030 21,210.00 11 Street Name Sign & Post 1 EA 511.00 511.00 1 511.00 12 Replace Aboveground Power Feed with Undergroi 1 EA 5,000.00 5,000.00 1 5,000.00 Subtotal $66,236.00 Subtotal $71,236.00 Total Construction Cost $71,236.00 Engineering & Administration (10% of Construction Costs) $7,123.60 Contingencies (10% of Construction Costs) $7,123.60 TOTAL COST I A. Total $85,483.20 K:\DEV_SERV\Developments\Commercial-Industrial\21 E. Elm St\Improvement_Cost_Estimate - 21 E. Elm St - 8-15-11.xls WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 I1VIPROVEMENT DEFERRAL, AGREEMENT 21 East Elm Street, Lodi, California (APN 043-082-03) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and ANN H. PEDEN, 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 21 East Elm Street (APN 043-082-03) and described as follows: The East 50 feet of the South half of Block 25, as said Block is delineated and designated on that certain map entitled, "Mokelumne" (now City of Lodi), filed for record August 25, 1869, at 8:40 a.m. and recorded in Book of maps and plats, Volume 4, page 12, San Joaquin County Records. Building application(B 11-0970)has been submittedto allow a tenant improvementto an existingbuilding on the subjectproperty. Installation ofpublic improvements along Elm Street and Main 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, but are not limited to, the installation 180-feetof concrete sidewalks, curb, gutter, a curb return, 30 -feet of 12 -inch storm drainpipe, replacement/instalhnent of 3,030 square feet of asphalt concrete and the replacement of an abovegroundpower feed with an underground power feed to the building. Owner is desirous of complying with existing City ordinances and policies regarding off-site improvements. Owner has requested that the improvements on Ehn Street and Main Street be deferred. Council of the City will approve the deferral of the required Elm Street and Main Street improvements on conditionthat the Owner first enters into and execute this agreement v&h City. NOW THEREFORE, in order to insure satisfactoryperformance 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 Ehn Street and Main Street in accordance with City Standards, including payment for engineering and other applicable City fees, at the time of the widening of Main Street, or at the request of the City, whichever occurs first. 2. Owner agrees to undertake the design and construction of the required improvements within 30 days after written notice is given by the City, subject to Item#1 above, and will complete the required improvements within 120 days from the date of notice. KADEV_SERVOeferral agrwmeats\21 E. Elm St.doc 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 make the fee payments as required by Item # 1 of this Agreement within the time period specified in Item #2 above, the City shall be entitled, at its election, to either 1) file suit against Owner, its heirs, successors or assigns, for the full value of the improvements at the time period specific in Item #2 above plus attorney fees, or 2) complete the improvements at the expense of Owner, and file suit against Owner, its heirs, successors or assigns for the costs incurred, plus attorney fees. In either case, the City shall be entitled to file a lien against said property for the full value of the improvement costs. 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. O.Box 3006 Lodi, CA 95240-1910 Notices required to be given to Owner shall be addressed as follows: Ann H. Peden 12272 Jerri Drive Glen Ellen, CA 95442 KADEV_SERVOeferral agreements\21 E. Elm St.doc IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: 2011 Dated' 2 2011 CITY OF t_ODI, a Municipal Corporation By: Konradt Bartlam, City Manager Rand! Johl, City Clerk ANN H. PEDEN Approved as to form: D. S c wa aue City Attorney Dated: i" b 2011 KADEV_SERVOeferral agreements\21 E. Elm St.doc ��'x� x✓ nom. Sw (3--tkC G -u � For n off- a- r i z o �f ' o n State of California Countyof �or)0 fl) a� CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On Au Q u s4 6, 7B I I before me, "O lefV C" r -%r' q ta , N) 04 a rq U (here insert n e and itle of the officef) personally appeared 11 n ,r\ � �> � C1.� n who proved tome on the basis of satisfactory evidence to be the person whose nameN is/arksubscribed to the within instrument and acknowledged to me that 11�e/she/tkey executed the same in hjs/her/t eir authorized capacity(k), and that by Ns/her/their signature(l�on the instrument the person(, or the entity upon behalf of which the personN acted, executedthe instrument. _ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. y4 t� WITNESS my hand and official seal. Signature C� OPTIONAL INFORMATION (Seal) Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of Signer identification titledlfor the purpose of TM -P N \J em N -� V� F(< IR RA L_ Proved to me on the basis of satisfactoryevidence: L U form(s) of ideritification O credible witness(es) _�G2EEiv) c -NT containing 5 pages, and dated O - Z (j ( I The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner- Limited/General ❑ Trustee(s) ❑ Other: — representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact:__ Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) ❑ I 0 Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To reorder, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com RESOLUTION NO. 2011-154 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING IMPROVEMENT DEFERRAL AGREEMENT WITH ANN H. PEDEN FOR 21 EAST ELM STREET NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Improvement Deferral Agreement between the City of Lodi and Ann H. Peden for installation of public improvements for the facility located at 21 East Elm 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: October 5, 2011 I hereby certify that Resolution No. 2011-154 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 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 &OHL City Clerk 2011-154 CITY COUNCIL BOB JOHNSON, Mayor JOANNE L. MOUNCE, Mayor Pro Tempore LARRY D. HANSEN PHIL KATZAKIAN ALAN NAKANISHI Ann H. Peden 12272 Jerri Drive Glen Ellen, CA 95442 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 EMAI L pwdept@lodi.gov http :\\www .lod i.g ov September 29, 2011 KONRADT BARTLAM City Manager RANDI JOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SAN DELIN Public Works Director SUBJECT: Adopt Resolution Authorizing City Managerto Execute Improvement Deferral Agreement for 21 East Elm Street Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 5, 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. The public is given an opportunityto 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 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. ` f 9 F. Wally Sandelin .�✓ • Public Works Director FWS/pmf Enclosure cc: City Clerk NCC_IMPDEFAGMT 21 E ELMSTMOC