HomeMy WebLinkAboutAgenda Report - May 2, 2012 C-09AGENDA ITEM C 409
M CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Improvement Deferral
Agreement for 33 East Tokay Street
MEETING DATE: May 2, 2012
PREPARED BY: PublicWorks Director
RECOMMENDEDACTION: Adopt resolution authorizing City Managerto, execute improvement
deferral agreement for 33 East Tokay Street.
BACKGROUND INFORMATION: The owner of the property, Robert L. and Carolyn W. Reynolds
Family, LLC, has submitted a building permit application (B 11-1626)
for the construction of an addition to an existing building located at
33 East Tokay Street (APN 047-020-02).
The building permit conditions for the construction of the new building include, but are not limited to, the
installation of 381 feet of concrete sidewalks, curb, gutter, a curb return, 60 feet of 12 -inch storm drain
pipe and replacing/installing 5,525 square feet of asphalt concrete along Main Street. The estimated cost
of these improvements is $123,721. The owner has requested that the required improvements be
deferred until such time similar improvements are completed on the northerly property on Main Street by
that property owner or as part of a City improvement project, whichever occurs first.
The owner has signed the improvement deferral agreement and paid the necessary document
preparationfee and recordingfees. The agreement, in part, states that the owner agrees to pay for and
complete the design and installation of the required improvements on Main Street in accordance with City
standards, including payment for engineering and other applicable City fees, at the time of development
of adjacent parcels, or at the request of the City, whichever occurs first.
Staff recommends approval of the improvement deferral agreement.
FISCAL IMPACT: None.
FUNDING: The improvement deferral agreementfee ($1,849) and recordingfees were paid by
the owner.
Prepared by Chris Boyer, Assistant Engineer
FWS/CRB/pmf
cc: DevelopmentServices
Robert L. and Carolyn W. Reynolds Family, LLC
N W I a
J/1) I J114Ad&(-
F. Wally S#-ndelin
PublicWorks Director
radt Bartlam, City Manager
K:\WP\DEV—SER\I\CC�_lmpDefAgmL33 E TokaySt.doe 04/19/2012
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
22 1 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
33 East Tokay Street, Lodi, California
(APN 047-020-02)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City" and ROBERT L. AND CAROLYN W. REYNOLDS FAMILY, LLC,
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 33 East Tokay Street (APN 047-020-02) and described as follows:
See Exhibit A for legal description.
Building application (B I 1- 1626) has been submitted to allow a tenant improvement to an
existing building on the subject property. Installation of public improvements along Tokay
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 381 -feet of concrete sidewalks, curb, gutter, a curb return, 60 -feet of 12 -inch storm
drain pipe, 2 catch stormwater catch basins and replacement/installment of 5,525 square feet of
asphalt concrete, see Exhibit B for total improvements quantities. Owner is desirous of
complying with existing City ordinances and policies regarding off-site improvements. Owner
has requested that the improvements on Tokay Street and Main Street be deferred.
Council of the City will approve the deferral of the required Tokay Street and Main 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:
I . Owner agrees to pay for and complete the design and installation of the required
improvements on Tokay 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
3 0 days after written notice is given by the City, subject to Item #I above, and will complete
the required improvements within 120 days from the date of notice.
KADEV—SERVOeferral agreements\33 E. Tokay 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 # I 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. 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. 0. Box 3006
Lodi, CA 95240-1910
Notices required to be given to Owner shall be addressed as follows:
Robert L. Reynolds
33 E. Tokay St.
Lodi, CA 95242
KADEV—SERVOeferral agreements\33 E. 'TokayStdoc
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and
year appearing opposite their names.
CITY OF LODI, a Municipal Corporation
Dated: 2012 By:
Dated: 2012
Approved as to form:
Konradt Bartlam, City Manager
Attest:
Randi Johl, City Clerk
Robert L. Reynolds, Manager
D. Stephen Schwabauer
City Attorney
Dated: 2012
KADEV—SERVTeferral agreements\33 E. Tokay St.doe
EXHIBIT "A"
PARCEL FIVE: [APN: 047-020-02]
LOTS 19,20,21,22,23,24,25,26, AND 27 IN BLOCK "A", AS SAID LOTS AND
BLOCK ARE SHOWN UPON THAT CERTAIN MAP ENTITLED, SUBDIVISION OF
LOT 72 OF THE LODI BARNHART TRACT, FILED FOR RECORD JULY 8,1908 IN
VOLUME 4 OF MAPS AND PLATS, AT PAGE 30, SAN JOAQUIN COUNTY
RECORDS.
EXCEPT THEREFROM THE WESTERLY 74.80 FEET THEREOF AS CONVEYED
TO SOUTHERN PACIFIC COMPANY, A CORPORATION, BY DEED RECORDED
SEPTEMBER 26,1908 IN BOOK "A" OF DEEDS, VOLUME! 175, AT PAGE 27, SAN
JOAQUIN COUNTY RECORDS.
ALSO EXCEPT THOSE PORTIONS OF LOTS 26 AND 27 AS CONVEYED TO
CENTRAL CALIFORNIA TRACTION COMPANY, A CORPORATION, BY DEED
RECORDED APRIL 27, 1933 IN VOLUME 425 OF OFFICIAL RECORDS, AT PAGE
148, SAN JOAQUIN COUNTY RECORDS.
ALSO EXCEPT THOSE PORTIONS OF LOTS 19 AND 20 AS CONVEYED TO
TOKAY COLD STORAGE COMPANY, A CALIFORNIA CORPORATION, BY
DEED RECORDED APRIL 13,1951 IN VOLUME 1336 OF OFFICIAL RECORDS,
AT PAGE 318,
EXHIBIT "A"
PAGE 2 OF 2
City of Lodi
Publics Works Department
Development: 33 East Tokay Street
Developer:
Engineer:
TOTAL COST OF PROJECT IMPROVEMENTS
Item Description
Total Construction Cost
Engineering & Administration (10% of Construction Costs)
Contingencies (10% of Construction Costs)
TOTAL COST
IMPROVEMENT COST
ESTIMATE FOR
IMPROVEMENTS
Acres:
Date: 4/5/12
QuantitV
Street System
1
Vertical Curb and Gutter
2
Sidewalk
3
Curb Return, including Handicap Ramp
4
Concrete Subgrade Compaction
5
Side Inlet Catch Basin
6
12" Storm Drain Pipe (RCP)
7
Aggregate Base, Class 11 (0.50')
8
Asphalt Concrete, Type B (0.30')
9
Compact Original Ground (0.50')
10
Remove Existing Pavement
11
Street Name Sign & Post
Total Construction Cost
Engineering & Administration (10% of Construction Costs)
Contingencies (10% of Construction Costs)
TOTAL COST
IMPROVEMENT COST
ESTIMATE FOR
IMPROVEMENTS
Acres:
Date: 4/5/12
QuantitV
Unit
Price
Total
Quantit
Total
381
LF
29.00
11,049.00
381
11,049.00
2,858
SF
6.00
17,145.00
2,858
17,145.00
1
EA
2,910.00
2,910.00
1
2,910.00
2,858
SF
3.00
8,572.50
2,858
8,572.50
2
EA
2,328.00
4,656.00
2
4,656.00
60
LF
41.00
2,460.00
60
2,460.00
5,525
SF
0.90
4,972.05
5,525
4,972.05
5,525
SF
2.00
11,049.00
5,525
11,049.00
5,525
SF
0.20
1,104.90
5,525
1,104.90
5,525
SF
7.00
38,671.50
5,525
38,671.50
1
EA
511.00
511.00
1
511.00
Subtotal $103,100.95 1 Subtotal $103,100.95
K:\DEV—SERV\Developments\Commercial-industrial\33 E Tokay - M&R Packing\] m prove ment—Cost—Esti mate - 33 E Tokay.xis
$103,100.95
$10,310.10
$10,310.10
A. Total $123,721.14
RESOLUTION NO. 2012-48
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING IMPROVEMENT DEFERRALAGREEMENT
WITH ROBERT L. AND CAROLYN W. REYNOLDS
FAM I LY, LLC, FOR 33 EAST TOKAY STREET
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Improvement Deferral Agreement between the City of Lodi and
Robert L. and Carolyn W. Reynolds Family, LLC, for installation of public improvements
for the facility located at 33 East Tokay 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: May 2, 2012
I hereby certify that Resolution No. 2012-48 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 2, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— Nakanishi
ABSTAIN: COUNCIL MEMBERS— None
RA JOHL
City Clerk
2012-48
Is] 11 WK419111111 ki Is] I I
JOANNE L. MOUNCE, Mayor
ALAN NAKANISHI,
Mayor Pro Ternpore
LARRY D. HANSEN
BOBJOHNSON
PHILKATZAKIAN
Robert L. and Carolyn W
33 E. Tokay Street
Lodi, CA 95240
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:\Xwww.lodi.gov
April 25, 2012
Reynolds Family, LLC
KONRADT BARTLAM
City Manager
RANDIJOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt Resolution Authorizing City Managerto Execute Improvement
Deferral Agreement for 33 East Tokay Street
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, May 2, 2012. 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. 0. 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 333-6702.
If you have any questions about the item itself, please call Chris Boyer,
Assistant Engineer, at 333-6800, extension 3321.
F. Wally Sandelin
PublicWorks Director
FWS/pmf
Enclosure
cc: City Clerk
NCC_IMPDEFAGM7�-33 E TOKAYST.DOC